European Union (Withdrawal) Act

Baroness May of Maidenhead Excerpts

Tuesday 4th December 2018 Commons Chamber

[The Prime Minister (Mrs Theresa May)]

I beg to move,

That this House approves for the purposes of section 13(1)(b) of the European Union (Withdrawal) Act 2018, the negotiated withdrawal agreement laid before the House on Monday 26 November 2018 with the title ‘Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community’ and the framework for the future relationship laid before the House on Monday 26 November 2018 with the title ‘Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom’.

At the start of five days of debate that will set the course our country takes for decades to come, it is worth taking a moment to reflect on how we got here. When the treaty of Rome was signed in 1957, the United Kingdom stood apart. It was 15 years later, at the third attempt, that we joined what was then the European Economic Community. Ever since, our membership has been a contested matter.

In the first referendum in 1975, the British people voted to stay in, but almost a third of those who voted wanted to leave. Indeed, there are those in this Chamber who campaigned to leave at that time. As the EEC evolved into a European Union of increasing political depth, the British people’s doubts about our membership grew. Ultimately, membership of any union that involves the pooling of sovereignty can only be sustained with the consent of the people. In the referendum of 2016—the biggest democratic exercise in our history—the British public withdrew that consent.

[Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

The right hon. Lady has lost in the Supreme Court and in the European Court, and today she has lost in this House. I hope that she will not compound that by opposing a section 30 order for Scotland when the Scottish Government want it. Her history of opposition is not a good one and she should respect the democracy that she is talking about; it applies to Scotland too, Prime Minister.

[The Prime Minister]

As I have just said, membership of any union that involves the pooling of sovereignty can only be sustained with the consent of the people. In 2016, that consent was withdrawn by the British public in relation to our membership of the European Union. In 2014, when the people of Scotland were asked whether to remain in the United Kingdom, they voted to stay in the United Kingdom.

As I just repeated, in the referendum in 2016, the British people withdrew that consent, and they confirmed that choice a year later by voting overwhelmingly for parties that committed to delivering Brexit. The referendum was a vote to bring our EU membership to an end and to create a new role for our country in the world. To deliver on that vote, we need to deliver a Brexit that respects the decision of the British people: a Brexit that takes back control of our borders, laws and money and a Brexit that sets us on course for a better future outside the EU as a globally trading nation in charge of our own destiny and seizing the opportunities of trade with some of the fastest growing and most dynamic economies across the world.

[Anne Marie Morris (Newton Abbot) (Con)]

Having read this agreement, it seems to me that we will not be able to enter into trade agreements because we are going to be stuck with the same rule base that we had in the EU. Does my right hon. Friend agree?

[The Prime Minister]

I do not think my hon. Friend will be surprised if I say that I do not agree with the analysis that she has just given in relation to the agreement. It is clear that we will have an independent trade policy and that we will be able to negotiate trade deals around the rest of the world. This is a specific issue that we looked at when we were putting forward our own proposals in the summer in relation to our future economic partnership with the European Union. I heard somebody on the Labour Benches asking from a sedentary position when we will be able to negotiate our trade deals. During the implementation period, we will be able to negotiate, sign and ratify trade deals around the world.

This will only be a moment of opportunity if we in this House can find a way to deliver a Brexit that begins to bring our country back together. That means protecting the easy trading relationship that supports just-in-time supply chains and the jobs that depend on them, the security co-operation that keeps us safe, the progress we have made in Northern Ireland, and the rights of citizens here in the UK and across the European Union.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

The Prime Minister spoke of security co-operation, yet when I asked the Home Secretary the other day whether we would be left more safe or less safe as a result of this deal, he could not answer the question, because he could not guarantee that we would have access to the crucial SIS II database that ensures that we have information on terrorists, paedophiles and other criminals trying to cross our border. That is the reality of the deal that she has put before us.

[The Prime Minister]

As the hon. Gentleman knows full well, I think, the political declaration and the security section of that political declaration go well beyond any security arrangement that the European Union has with any other country—[Interruption.] And it makes it clear that in the next stage of negotiations, we will be negotiating how we can have access to the very elements that are covered by both SIS II and ECRIS. [Interruption.] No—perhaps the hon. Gentleman would like to look at the political declaration. The reference to those elements is indeed in the political declaration. [Interruption.] He says that they are not. I am sorry, but I have to say to him that he may not understand the elements that lie behind SIS II and ECRIS.

[Wes Streeting (Ilford North) (Lab)]

rose—

[The Prime Minister]

I am going to make some progress for a minute.

Achieving all the things that I have just set out in terms of protecting our trading relationship, the security co-operation, the progress in Northern Ireland and the rights of citizens requires some compromise. I know there are some in this House, and in the country, who would prefer a closer relationship with the European Union than the one I am proposing—indeed, who would prefer the relationship that we currently have and want another referendum which they hope would overturn the decision we took in 2016. Although I profoundly disagree, they are arguing for what they believe is right for our country, and I respect that. But the hard truth is that we will not settle this issue and bring our country together that way. I ask them to think what it would say to the 52% who came out to vote leave, in many cases for the first time in decades, if their decision were ignored. What would it do to our politics?

[Several hon. Members rose—]

[The Prime Minister]

I will take a significant number of interventions, but I will make some progress at this stage.

These are important points. There are those who want a closer relationship with the EU, but they need to recognise the message that was given by the 52% who voted to leave the European Union.

There are others in this House who would prefer a more distant relationship than the one I am proposing. Although I do not agree, I know that they are also arguing for what they think is best for our future, and I respect that too. But the hard truth is also that we will not settle this issue and bring our country together if, in delivering Brexit, we do not protect the trade and security co-operation on which so many jobs and lives depend, completely ignoring the views of the 48%. We can shut our eyes to these hard truths and carry on debating between these extremes for months to come, or we can accept that the only solution that will endure is one that addresses the concerns of those who voted leave, while reassuring those who voted remain. This argument has gone on long enough. It is corrosive to our politics, and life depends on compromise.

[Wes Streeting]

My constituency was split pretty much down the middle during the referendum. May I explain the crux of the problem that the Prime Minister has next week? She set as the benchmark for security co-operation things being better than the relationship the EU has with other countries. My constituents who voted leave voted for a better future for our country, and my constituents who voted remain wanted to protect all the good that we have with the European Union. With the deal she has negotiated, she has brought those two groups together, but against her deal.

[The Prime Minister]

The deal that I have negotiated provides that good security co-operation while protecting the jobs that depend on the trade relationship with the European Union. That is why, as I say, it is not a deal that appeals to those who want—there are many who want a relationship that is closer and there are those who want a relationship that is further apart. I believe it is important that we respect the views of those who voted leave and deliver Brexit, but we also recognise that we need to protect the trading relationship with the European Union and the jobs that rely on it for the future.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

If Parliament does not support the Prime Minister’s deal, what is the most likely outcome—no deal or no Brexit?

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[The Prime Minister]

I will reference the problems if Parliament does not support this deal a little later in my speech, if my hon. Friend will wait for that.

[Catherine McKinnell (Newcastle upon Tyne North) (Lab)]

I absolutely agree with the Prime Minister that we need to start coming together as a country once this process is over, but does she agree that if she is so convinced that her deal and political agreement are what the British people voted for, she should have the confidence to go back and ask them to verify whether it is something they support?

[The Prime Minister]

As I have said in this Chamber before, it is very important that all of us in this House recognise what this Parliament did. This Parliament overwhelmingly voted to give the choice of membership of the European Union to the British people. The people voted. They voted to leave. I believe it is incumbent on us to deliver that Brexit, and I believe it is a matter of trust in politicians and in this House that we do indeed deliver on that Brexit.

[Sir Patrick McLoughlin (Derbyshire Dales) (Con)]

Will the deal that my right hon. Friend has agreed ensure that inward investment in this country, which has led to many hundreds of thousands of jobs—particularly in the automotive industry—will have the same access to markets that it presently has?

[The Prime Minister]

That is absolutely what underpinned the proposal that we put forward in the summer, and it is what underpins the ambitious trade relationship identified in the political declaration, ensuring that people can invest in this country with confidence. Reference was made earlier to people voting for a brighter future for this country. We can deliver that brighter future for this country with a deal that delivers a good relationship with Europe but also enables us to have those other trade deals around the rest of the world.

[Sir Geoffrey Clifton-Brown (The Cotswolds) (Con)]

My right hon. Friend has courageously and consistently said that there will be no second referendum. Does she agree that a second referendum would reopen all the wounds within families and, above all, that it would put the Union itself in jeopardy?

[The Prime Minister]

I do, indeed, agree with my hon. Friend. I think a second referendum would exacerbate division in our country and would not bring our country back together again.

[Several hon. Members rose—]

[The Prime Minister]

I will give way to the hon. Member for North Ayrshire and Arran (Patricia Gibson), and then I will make some progress.

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

The Prime Minister has repeatedly referenced the 52% who voted to leave, but I am still confused about why she is not willing to take any cognizance of the fact that electoral law has been broken, and therefore the result of the referendum cannot be trusted. Otherwise, we may as well abolish electoral law altogether. Will the Prime Minister not at least respond to the findings of the Electoral Commission?

[The Prime Minister]

The Electoral Commission stills says it believes that it was a fair poll, and I believe that we should abide by the result of that poll and deliver for the people of this country.

We can choose to settle this issue now—

[Emma Reynolds (Wolverhampton North East) (Lab)]

rose—

[Ms Angela Eagle (Wallasey) (Lab)]

rose—

[The Prime Minister]

I have said I will make some progress, and then I will be generous in my acceptance of interventions.

We can choose to settle this issue now by backing the deal in this motion—a deal that delivers Brexit and a new partnership with the European Union, a deal that delivers for the whole United Kingdom, a deal that begins to bring our country back together again.

[Simon Hoare (North Dorset) (Con)]

The deal that my right hon. Friend has brought back has my full and unequivocal support, but may I ask her to confirm that, as we leave, our country will still be a rules-based, international, outward-looking, caring and compassionate country that stands as a beacon for good in the world?

[The Prime Minister]

I am very happy to give my hon. Friend that absolute reassurance, but more than that, we will be a country that promotes those values and that promotes that rules-based international order around the world. That is what we have always done as the UK, and it is what we will continue to do.

[Several hon. Members rose—]

[The Prime Minister]

I will take two further interventions.

[Stephen Timms (East Ham) (Lab)]

On 30 March, under the agreement, the UK will lose its place on the European Data Protection Board, even though Ministers have said they wanted to hang on to that place. It is a place where the UK has wielded considerable influence on the development of European policy. Is not the reality of the agreement that we will continue to have to obey these rules, but we will have lost the ability to influence what those rules are?

[The Prime Minister]

The position in terms of voting rights and various elements once we have left the European Union is of course going to change, but what has been clear from the agreements that we have negotiated is the capacity for the United Kingdom to continue to give technical support where that is appropriate in a whole range of matters. On a number of the issues that are dealt with by the European Union, in terms of the rules that it operates, of course these are not just European Union rules, but international standards on which the United Kingdom will continue, during the implementation period and beyond, to have its role. I said I would take a second intervention.

[Mr Bob Seely (Isle of Wight) (Con)]

It is unfortunate for the Government to be in contempt of Parliament. Does the Prime Minister agree that it is worse for Parliament to be in contempt of the British people, which is what will happen if we do not deliver on Brexit?

[The Prime Minister]

I absolutely agree that it is the duty, I believe, of this Parliament and it is the duty of us as politicians to deliver on the result of the vote that the British people gave in 2016 in the referendum. We gave them the choice, they voted to leave the EU and it is up to us to deliver that leaving of the European Union in the interests of our country.

[Several hon. Members rose—]

[The Prime Minister]

I will make some progress.

The decision we have before us has two elements to it: the withdrawal agreement that sets out the terms of our departure from the European Union and the political declaration that sets the terms of our future relationship with the EU.

[Alberto Costa (South Leicestershire) (Con)]

Will the Prime Minister give way?

[The Prime Minister]

If I may, I will just make a little progress.

The withdrawal agreement ensures that we leave the European Union on 29 March next year in a smooth and orderly way. It protects the rights of EU citizens living in the UK, and of UK citizens living in the EU, so that they can carry on living their lives as before. It delivers a time-limited implementation period to give business time to prepare for the new arrangements. During that period, trade will continue on current terms so that businesses have to face only one set of changes. It ensures a fair settlement of our financial obligations, less than half of what some originally expected and demanded.

[Alberto Costa]

I thank the Prime Minister for giving way and apologise for intervening. Two years ago, I said to my right hon. Friend that I could never imagine her requesting me to vote to take away the rights of my Italian parents, who are resident in Scotland. Will she confirm that her deal guarantees the rights of EU nationals in the UK—3.6 million of them—as well as those of 1 million UK citizens in the EU27, in a way that no deal would not?

[The Prime Minister]

The withdrawal agreement does indeed guarantee those citizens’ rights—the rights of UK citizens in the EU and of EU citizens here, in the UK. The withdrawal agreement delivers that guarantee.

[Conor Burns (Bournemouth West) (Con)]

No one can doubt the Prime Minister’s commitment to the deal and the passion with which she is selling it. In the early part of her statement, she twice referred to the status of Northern Ireland, saying that the deal is a good one for Northern Ireland. I come from Northern Ireland—I am a Catholic and a Unionist; I understand it pretty well. Can she explain why that passion for the deal as good for Northern Ireland is not shared by those who should understand Northern Ireland best?

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[The Prime Minister]

My hon. Friend raises a point. I recognise that there are representatives of Northern Ireland in the Westminster Parliament who are concerned about aspects of the deal. It is this Parliament’s and this Government’s responsibility to provide some reassurance about those elements that have caused concern. I wish to continue to discuss the matter with representatives from Northern Ireland.

[Lady Hermon (North Down) (Ind)]

Although the Democratic Unionist party has 10 MPs in the House, it campaigned for leave and the majority of people in Northern Ireland, like me, campaigned for remain. The DUP does not speak for the majority of people in Northern Ireland. I can reassure the Prime Minister that her withdrawal agreement has considerable support in Northern Ireland, particularly among farmers, businesses and fishermen. [Interruption.] I am sorry that people feel that that is funny. It is not. It is really serious for the people of Northern Ireland.

Reassurance is needed from the Prime Minister on the constitutional guarantee of the Good Friday agreement, which the Labour party should be proud of. It is guaranteed in the withdrawal agreement and the political declaration, so why the Labour party chooses to vote against the withdrawal agreement beats me. Will the Prime Minister please give an assurance to the people of Northern Ireland that nothing in the deal threatens the consent principle or the constitutional status guaranteed in the Belfast agreement?

[The Prime Minister]

I am happy to give the hon. Lady that absolute assurance. The issue was referenced in the December joint report, it is in the withdrawal agreement and it is clear in the political declaration. Nothing in the relationship and the deal with the EU will affect that position. We will continue to uphold the Belfast agreement.

[Several hon. Members rose—]

[The Prime Minister]

I give way to the leader of the DUP.

[Nigel Dodds (Belfast North) (DUP)]

I am very grateful to the Prime Minister. Of course, the referendum was for the whole United Kingdom, and as a Unionist, I respect the result across the UK—Manchester, London, Scotland—[Hon. Members: “They voted remain.”] Whatever way they voted, the UK voted, and we should respect the result. In terms of the views in Northern Ireland, I am quite happy to put them to a test any time. We will happily go to the electorate and put our views to the people if needs be. I am quite certain that we would be returned in greater numbers than we are today, so I am quite happy to take on the challenge that has been put down.

In terms of guaranteeing Northern Ireland’s position, the Prime Minister will remember that in paragraph 50 of the joint report, which we spent four days negotiating, guarantees were given to Northern Ireland. Never mind the words that have been said in this House today, they were in the actual text. Why have they been deleted? Why has she not kept them in the withdrawal agreement? Why have they not been translated? That is what we have a problem with. Words are good. It is the legal text, what is in the agreement, that matters.

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[The Prime Minister]

The right hon. Gentleman is absolutely right: there was that reference to the consent of the Northern Ireland institutions in relation to any potential new regulatory differences between Great Britain and Northern Ireland. That is a matter we will be looking at and can look at in this House with regards to the parliamentary arrangements between the institutions within the United Kingdom for the future. It is exactly on these issues, the question of potential new regulatory divergence, that I believe it will be possible to give reassurance to not just representatives in this Chamber, but the people of Northern Ireland for their future.

[Several hon. Members rose—]

[The Prime Minister]

I will continue to take interventions, but I am going to make some more progress now.

The withdrawal agreement ensures a fair settlement of our financial obligations. I want to turn to the most contentious element of the withdrawal agreement. Perhaps this is a neat segue, as my last intervention was from the right hon. Member for Belfast North (Nigel Dodds), because I want to turn to the Northern Ireland protocol. It is important to remember what is at the heart of the protocol. It is our commitment to the people of Northern Ireland. It is about saying that whatever happens as we leave the European Union we will, as I have just said to the hon. Member for North Down (Lady Hermon), honour the Belfast agreement. The hard-won peace that has inspired the world and the detailed arrangements that have delivered and sustained it will not be lost. The people of Northern Ireland and Ireland will be able to carry on living their lives as before. To deliver that, we need a solution in the future partnership that ensures there is no hard border between Northern Ireland and Ireland.

Both the UK and the EU are fully committed to having our future relationship in place by 1 January 2021, but there is still the possibility that it is not ready before the end of the implementation period. The only way to absolutely guarantee no hard border on the island of Ireland at the end of the implementation period is to have a backstop in the withdrawal agreement as a last resort insurance policy. Let us be clear: this is true not just for the deal we have negotiated. Whether you want a model like Canada’s or whether you want to see the UK as a member of the European Economic Area, any future relationship will need to be negotiated and will need an insurance policy if that negotiation cannot be completed in time. Put simply, there is no possible withdrawal agreement without a legally operative backstop. No backstop means no deal.

[Mr John Baron (Basildon and Billericay) (Con)]

The Prime Minister is well aware that many of us have wished her well in these negotiations, but does she understand and recognise that many of us also have concerns about the backstop and equate it to entering a contract of employment that gives the sole right of termination to the other party?

[The Prime Minister]

I recognise the concerns there are in the House and, if my hon. Friend will permit me, I want to go on to reference them a little later.

[Mr Speaker]

May I just very gently exhort the Prime Minister to face the House? In answering her hon. Friend, her hon. Friend can hear very well but Opposition Members cannot.

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[The Prime Minister]

I understand that some colleagues are worried, as I have just said, that we could end up stuck in the backstop indefinitely. In the negotiations, we secured seven separate commitments in the withdrawal agreement and political declaration to ensure that that is not the case. First, there is an explicit legal duty to use best endeavours to reach an agreement by the end of December 2020 that avoids the backstop coming into force in the first place.

That is not just a political commitment. As the Attorney General has set out, this is a recognised approach in international law, and we have the right to seek independent arbitration if this duty is not upheld. Secondly, if despite this, the future relationship is not ready in time, the backstop can be replaced by alternative arrangements. The political declaration makes it clear that we will seek to draw upon all available facilitations and technologies that could be used to avoid a hard border, and preparatory work will be done before we leave so that we can make rapid progress after our withdrawal. Thirdly, if neither the future relationship nor the alternative arrangements were ready by the end of 2020, we would not have to go into the backstop at this point. Instead, we have negotiated that there would be a clear choice between the backstop or a short extension to the implementation period.

Fourthly, if we do go into the backstop, the legal text is explicit that it should be temporary and that the article 50 legal base cannot provide for a permanent relationship. Fifthly, if the backstop is no longer necessary to avoid a hard border, we have the right to trigger a review through the Joint Committee. Sixthly, as a result of the changes that we have negotiated, there is an explicit termination clause that allows the backstop to be turned off. Finally, the legal text is now clear that once the backstop has been superseded, it will cease to apply, so if a future Parliament decided to move from an initially deep trade relationship to a looser one, the backstop could not return.

[Mr Shailesh Vara (North West Cambridgeshire) (Con)]

I am grateful to the Prime Minister for giving way—indeed, she is being very generous in giving way to a lot of people. We are told that the EU does not wish to exercise the backstop, Ireland does not wish to exercise it and certainly, the UK does not wish to exercise it. Is it not the case, therefore, that this is a matter not of renegotiating the withdrawal agreement, but of the European Union showing good will and good faith towards the United Kingdom by allowing us one additional line in the withdrawal agreement? This could be words to the effect that in the event of the backstop being triggered, the United Kingdom can, say, at three months’ notice, leave the customs union. To allow that one line would show enormous good faith and good will on the part of the EU, and nothing else.

[The Prime Minister]

I recognise the degree of concern that there is about this issue, and I will go on to speak about it further in my speech. The withdrawal agreement has been negotiated. It is clear from the European Union that this is the deal, and I just ask those colleagues who wish to reopen the withdrawal agreement to recognise that were it to be reopened, it would not simply be a question of what the United Kingdom then wanted to change; it would also be a question of enabling others to change elements of that withdrawal agreement. Given the rigorous fight that we had in the negotiations to ensure that there were certain elements that were in the interests of the United Kingdom, notably around fisheries and other issues, I caution hon. Members that not only has the EU made it clear that the withdrawal agreement cannot be reopened—we have agreed the deal and the deal is there—but it is not the one-way street that hon. Members would perhaps wish it to be.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

Will my right hon. Friend give way?

[The Prime Minister]

If I could finish this point, it might respond to some of the comments. Rather than focusing on the legal mechanisms that we now have to avoid the backstop and ensure that if it is used, it is only temporary, the real question that the House needs to ask itself is whether it is in the EU’s interest for the backstop to be used, and if it is used, for it to endure. The EU’s original proposal for the backstop would have split the UK into two customs territories and given only Northern Ireland tariff-free access to its market. It barely changed the EU’s orthodoxy. It was wholly unacceptable to us, but the backstop that we have succeeded in negotiating no longer splits the UK into two customs territories. It gives the whole UK tariff-free access to the EU’s market without free movement of people, without any financial contribution, without having to follow most of the level playing field rules, and without allowing the EU any access to our waters. The backstop is not a trick to trap us in the EU; it actually gives us some important benefits of access to the EU’s market without many of the obligations. That is something the EU will not want to let happen, let alone persist for a long time. I recognise that, as is clear from the contributions from my hon. Friends, some Members remain concerned. I have listened to those concerns, I want us to consider how we could go further, and I will continue to meet colleagues to find an acceptable solution.

[George Freeman (Mid Norfolk) (Con)]

rose—

[Daniel Kawczynski]

rose—

[The Prime Minister]

I give way to my hon. Friend the Member for Mid Norfolk (George Freeman).

[George Freeman]

As the Prime Minister confronts the inevitable contradictions at the heart of this process on behalf of the nation, is it not worth remembering that the vast majority of Members, including on the Opposition Benches, voted to trigger article 50 and voted for the referendum in the first place? Could I also remind her that out in the country her commitment to pursuing this is hugely admired? Given that this issue divides all parties in this House—indeed, on the Government Benches it even divides the factions—would it not be sensible next week, as Parliament begins to take back control, to consider a free vote?

[The Prime Minister]

It is important that all hon. Members remember not only that the House voted overwhelmingly to give the decision on whether to leave the EU to the people in the referendum, but that the House voted by a significant majority to trigger article 50 and so to continue that process of leaving the EU and that, as I said earlier, at last year’s general election about 80% of the vote went to parties that had in their manifesto a solid commitment to deliver on the Brexit vote. We should all remember that when it comes to voting on the motion next week.

[Daniel Kawczynski]

Will my right hon. Friend give way?

[The Prime Minister]

I will give way to my hon. Friend, who has been trying valiantly for some time to intervene, and then I will make some progress.

[Daniel Kawczynski]

Yesterday, we tried to ask the Attorney General for his legal advice as to how much of the £39 billion we were legally and contractually obliged to hand over. He refused to give us a specific figure. Will the Prime Minister now give that specific figure, given that we are to hand over this £39 billion to the EU when we are facing shortages in our own constituencies?

[The Prime Minister]

There are different elements to the £39 billion in terms of the liabilities to which they refer. Of course, roughly £20 billion of that sum relates to the payments that will be made during the implementation period, which is about ensuring the smooth and orderly exit that is good for businesses. Obviously, there are other liabilities within that where it is determined that we have legal obligations, but, as I say—it is £34 billion to £39 billion; everybody quotes the higher figure, but it is £34 billion to £39 billion—it is from within that range that the final figure will come.

We have five days of debate, but I recognise that hon. Members will want to contribute in today’s debate, so I will make some progress. The second part of this deal is the political declaration. This is a detailed set of instructions to negotiators that will be used to deliver a legal agreement on an ambitious future relationship after we have left. I know that some Members worry that the political declaration is not already legally binding. It cannot be a legal agreement at this stage because the EU cannot legally agree a future relationship with us until we are a non-member state. Through the negotiations, however, we have ensured that we have the framework for an ambitious new economic and security partnership that is absolutely in our national interest.

At the outset, the EU said we would have a binary choice—Norway or Canada. The political declaration concedes that there is a spectrum, and we will have an unprecedented economic relationship that no other major economy has. The EU also said we could not share security capabilities as a non-member state outside of free movement and the Schengen area, but we have secured the broadest security partnership in the EU’s history. If this deal is passed, the task ahead of us will be to turn this ambitious political declaration into our new legal agreement with the EU.

[Alison McGovern (Wirral South) (Lab)]

I must intervene at this point. The Prime Minister claims that this political declaration is detailed and specific. If that is the case, why was the Treasury Select Committee told today that it was not even possible to produce an economic analysis of the document because it was not specific enough?

[The Prime Minister]

The economic analysis that was produced by the Government last week made it very clear that within the political declaration is a spectrum on which the balance of obligations in relation to the rights of access—the balance of obligations on checks at the border in relation to market access—must be addressed. It is clear that that will be ambitious, and we will continue to work for frictionless trade, which is indeed what was put forward in the White Paper in the summer. However, it was only right and proper that in our economic analysis we indicated a midpoint on that spectrum, which gave an indication to people of the impact of trade barriers should they be put up.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I thank the Prime Minister for giving way—she is being very generous—but does she not understand that by over-claiming what is in the political declaration, she is undermining trust? She is asking for our trust in her, and in the UK, to determine what will happen in future, because so little is resolved. Not only on the spectrum on the economics, but also on the security issues, she is over-claiming. She suggested to my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty) that she had effectively secured agreement to SIS II, but she knows that she has not, because she tried to do so. Paragraph 87 of the political declaration does not refer to SIS II; it simply says that “the Parties” will “consider” the arrangements, and if we are lucky we will get something that will “approximate”. That is not the same as SIS II, and the Prime Minister knows it. Will she be straight with the country and with Parliament about the political declaration?

[The Prime Minister]

I have said this to Members before, and I will say it again. There is a difference between ensuring that we have the security capabilities that we need in the future, and simply saying that we will be doing that in a particular way. What paragraph 87 makes clear is the intent to have

“exchange of information on wanted or missing persons and objects and of criminal records, with the view to delivering capabilities that, in so far as is technically and legally possible, and considered necessary and in both Parties’ interests, approximate those enabled by relevant Union mechanisms.”

[Ms Angela Eagle]

Will the Prime Minister give way?

[The Prime Minister]

No; I am sorry.

This is a fundamental issue which has underpinned the approach to these negotiations. We could have approached the negotiations by saying, “We are going to take the models that already exist, and in all cases we are going to say that we have to be in those models in exactly the same way as we are today.” What we have said is that we look to ensure that we can have the capabilities that we have where we need those capabilities, and that is exactly what we are delivering—

[Yvette Cooper]

Will the Prime Minister give way on that point?

[The Prime Minister]

No. I am sorry.

That is exactly what we have in the political declaration.

[Several hon. Members rose—]

[The Prime Minister]

I will give way to the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) on that point, but then I will make further progress.

--- Later in debate ---

[Yvette Cooper]

I certainly am encouraging forthrightness. I would not challenge the Prime Minister’s integrity, because I know that she has worked immensely hard on this, but I am asking her to give accurate information to the House. Will she tell us whether she tried to get SIS II, rather than pretending that she was trying to get parallel capabilities?

[The Prime Minister]

We are clear about the capabilities that are currently available to us as a member of SIS II and within ECRIS. It is still open to us to seek to have the same relationship in relation to SIS II and ECRIS as we currently have, but we want to ensure that we have the capabilities that underpin SIS II and ECRIS.

I am tempted to say that the right hon. Lady might like to cast her mind back to the time when I was Home Secretary and she was shadow Home Secretary, and I stood at this Dispatch Box moving the motion that ensured that we could rejoin 35 measures on justice and home affairs matters, including SIS II and ECRIS, while she, I seem to recall, was working with my right hon. Friend the Member for North Somerset (Dr Fox) to prevent the Government from rejoining those measures.

If this deal is passed, the task ahead of us will be to turn this ambitious political declaration into our new legal agreement with the EU. [Interruption.] No, I am going to make more progress, and the next section of my speech might be of interest to Members of this House. In doing so, I want to build the broadest possible consensus both within this House and across the country. So for the next stage of negotiations we will ensure a greater and more formal role for Parliament. This will begin immediately as we develop our negotiating mandate, building on the political declaration ahead of 29 March 2019. The Government will consult more widely and engage more intensively with Parliament as we finalise the mandate for the next phase of the negotiations. Ministers will appear before Select Committees between now and March in each relevant area of the political declaration from fisheries to space to foreign policy. So Members across the House will be able to contribute their expertise to the detailed positions we take forward with the EU, and the whole House will be consulted on the final version of that full mandate. We will also provide the devolved Administrations with a similar degree of detailed engagement. We will undertake targeted engagement with business and civil society to help inform our detailed negotiating positions.

[Hilary Benn (Leeds Central) (Lab)]

Will the Prime Minister give way on that point?

[The Prime Minister]

I give way to the Chairman of the Exiting the European Union Committee.

[Hilary Benn]

The Prime Minister is being extremely generous in giving way. She said a moment ago that the House of Commons would be consulted on the mandate; can she give a very simple assurance that the House of Commons will get to vote on whether to approve that mandate, or not?

[The Prime Minister]

The outline of that mandate will be set in the political declaration; that is the deal that has been agreed with the European Union. What we are looking for is to have the expertise of the House and the views of the House when we go into that negotiating position. I also say to the right hon. Gentleman the Chairman of the Select Committee that I stated that Ministers will appear before the Select Committee, but of course Ministers will have to be invited by the Select Committee to appear before it. I hope, however, that Select Committees will indeed accept that it is important for Ministers to appear before them on these matters. Taken together, these arrangements will support a national mission to forge the strongest possible future relationship with our European partners, commensurate with our wider global goals and in the interests of the whole country.

Let me turn to the amendment proposed by the Leader of the Opposition. First, it argues for a permanent customs union. The benefit of a customs union is that it means no tariffs, fees, charges, quantitative restrictions or rules of origin checks. All of these are explicit in our deal, but, importantly, it goes further, because it also gives us the crucial ability to have an independent trade policy beyond our partnership with the EU, which membership of the customs union would not. So the Leader of the Opposition needs to explain why he does not share our ambition for a global Britain.

Secondly, the amendment argues for a strong single market deal. If that means being close to the single market but not part of it, then it is our deal which delivers the closest possible partnership. If it actually means being in the single market, the Leader of the Opposition is opposing taking back control of our borders and ending free movement. That not only contravenes the democratic instruction of the British people, but it contravenes his own manifesto.

Thirdly, the amendment claims our deal would

“lead to increased barriers to trade in goods and services”.

Unless the Leader of the Opposition’s policy is to stay in the single market as well as the customs union, some increase in barriers is inevitable. But our deal is the best deal outside the single market and it gives us the opportunities that come from an independent trade policy and increased regulatory freedom.

[Joseph Johnson (Orpington) (Con)]

As the UK will have lost the ability to influence EU rule-making on financial services directly, it is vital that we can play a full part in defending our interests in international bodies that set standards globally such as the Basel Committee on Banking Supervision and the International Organization of Securities Commissions. Does the Prime Minister therefore share my concern that article 129 of the draft treaty, which clearly states that the UK may not take a contrary position to the EU in such bodies, will prevent us from doing so?

[The Prime Minister]

Article 129 is about the joint committee responsible for the management, administration and supervision of dispute resolution in the future. [Interruption.] I say to my hon. Friend that we have been very clear in the area of financial services that it is important, because of the significance of financial services to the United Kingdom, that we are able to ensure that we have the ability to set the regulations that we need to set as a global financial centre, working with the other regulatory bodies and doing that in the interests not just of the United Kingdom, but of financial stability across the world.

We are now at the stage in this process where we must all engage with the hard choices we face. Simply pretending that everything can stay the same as we leave the EU, as Labour’s amendment does, does not face up to those hard choices and amounts to not being straight with the people of this country.

Fourthly, the amendment claims that our deal would not protect workers’ rights and environmental standards. This is simply wrong. Our deal does protect them. As part of the single customs territory in the Northern Ireland protocol, we have committed to ensuring that there will be no reduction in standards in this area, including on labour and social protection, fundamental rights at work, occupational health and safety and fair working conditions. We have said that we will improve on this in developing our future relationship with the EU.

Indeed, we already go further than EU minimum standards, including on annual leave, paid maternity leave, flexible leave, paternity leave and pay, and parental leave, because we know that the first responsibility for protecting those rights sits with this Parliament. As we take back control of our laws, we will not only honour that responsibility, but go further still, including, for example, by implementing the recommendations of the Taylor review. So we will not just protect workers’ rights: we will enhance them.

Fifthly, the amendment claims that our deal allows the diminution of our security. The Leader of the Opposition knows full well that, if we fulfil the democratic decision of the British people to leave the European Union, we cannot have exactly the same rights as a third country that we currently have as a member. The question is: which deal represents the broadest security partnership in the EU’s history? It is our deal. What is he doing? He is opposing it.

Sixthly, the Leader of the Opposition’s amendment appears to reject the backstop— even though businesses, farmers and people from across the community in Northern Ireland support this insurance policy. There is real anger in Northern Ireland at the approach Labour is taking.

Finally, the amendment opposes leaving without a deal. But the EU has been crystal clear that no backstop means no deal. So the amendment is simultaneously opposing no deal and proposing a policy that would lead to exactly that. At this critical moment in our history, the Leader of the Opposition is not making a serious proposition for the future of this country. He is simply trying to force a general election. The right hon. Member for Hayes and Harlington (John McDonnell) admitted it when he said:

“Our view is we should have a general election.”

At a time when we should be delivering on the vote of the British people, the Leader of the Opposition wants to ignore that and have another vote. At a time when the Government are working in the national interest, the Leader of the Opposition is playing party politics. At a time when we should all be focused, at this historic moment, on what is best for our country, the Leader of the Opposition is thinking about what gives him the best chance of forcing a general election.

Let me turn to the amendment from the right hon. Member for Leeds Central (Hilary Benn). This also seeks to reject our deal, as well as to reject no deal. But the House cannot unilaterally rule out no deal. The only way to avoid no deal is to agree a deal—and that requires the agreement of the House and the European Union.

[Several hon. Members rose—]

[The Prime Minister]

I have been very generous with interventions, and I will take further interventions in a few minutes after I have made this point. If you reject what the other side have described as the only deal on offer, then, whatever you say to the contrary, you put this country on course for no deal. This is doubly so when the amendment is silent on what alternative deal we should strike.

The EU27 member states have made it clear that this is the best deal available, and that there is neither the time nor the inclination to reopen negotiations and ensure that we leave in good order on 29 March next year. The choice before Parliament is clear: this deal, no deal, or the risk of no Brexit. Investing parliamentary time in seeking to create an alternative to these choices will only endanger our ability to deliver Brexit at all.

[Vicky Ford (Chelmsford) (Con)]

I congratulate the Prime Minister on two years of the trickiest negotiations in our lifetime. Some of my colleagues in this House seem to think that, if they reject this deal on Tuesday, the other EU27 leaders will come back and give us something better, but why should they?

[The Prime Minister]

My hon. Friend raises a very important point. Exactly. They certainly do not intend to do that. They have made it very clear that this is the deal on the table.

[Dr Sarah Wollaston (Totnes) (Con)]

I welcome the Prime Minister’s commitment to engage further with the Select Committees. When she came to the Liaison Committee last week, she will have heard one Committee Chair after another pointing out to her the catastrophic consequences of no deal and asking whether she would rule that out, if and when the House rejects this deal, because we cannot inflict that kind of catastrophe on our people.

[The Prime Minister]

If my hon. Friend is concerned about no deal, the way to ensure that there is a deal is to support the deal that is on the table.

[Stewart Malcolm McDonald (Glasgow South) (SNP)]

This feels like the fall of the ancien régime this afternoon—[Interruption.] No, I think the right hon. Member for Derbyshire Dales (Sir Patrick McLoughlin) was there. May I take the Prime Minister back to the bit that I think was supposed to be the Scotland part of this speech, on devolved Administrations? The Scottish Parliament will not be interested in Ministers making day trips to Scotland for a number of hours in order to come over with meaningless waffle. If we are to be convinced that our views will genuinely be taken into account, what will change? That has not happened up to this point.

[The Prime Minister]

The hon. Gentleman knows full well that we have had a high degree of engagement with the Scottish Government, and indeed with the Welsh Government, on all these matters as we have been going through. We will continue to have that high level of engagement. There are areas where there is a disagreement. The Scottish Government want, ideally, to remain in the European Union, but that would deny the vote of the British people—[Interruption.] That would deny the vote of the British people, so we do have a difference of opinion on that.

Let me now deal with another question that has been raised, which is the question of another referendum. I understand the argument that, if this House is deadlocked, we could give the decision back to the British people, but I ask the House to consider what that would say to those in our constituencies who put aside decades of doubt in the political process because they believed that their voice would finally be heard; what it would say about the state of our democracy if the biggest vote in our history were to be rerun because a majority in this House did not like the outcome; what it would do to that democracy; and what forces it would unleash.

This House voted to give the decision to the British people and this House promised that we would honour their decision. If we betray that promise, how can we expect them to trust us again? Even if we held a referendum, what would it achieve? It would not bring the country together; it would divide us all over again. It would not end the debate, because if it were close like last time, whichever side lost out would soon start to call for a third referendum. It would not take us forwards; rather, it would take us back to square one. This country cannot afford to spend the next decade going round in circles on the question of our relationship with the European Union. We have already spent too many years with divisions on Europe simmering in the body politic. We must deliver on the referendum that we have already had, focus on the day-to-day concerns of the people and take this country forward.

[Rebecca Pow (Taunton Deane) (Con)]

I thank the Prime Minister for her generosity in giving way. My youngest child has just gone to university. Can she give an assurance that, when he leaves, he will be able to walk out and make his way in this world and in this country? Will she give an assurance that this Government will have the ship back on track, will have respected the democratic view of this country, will have trusted the people, as we expect them to trust us, and will respect the European Union and have a close relationship with that great trading bloc? Will she also assure us that we will be able to hold our head up on the global stage and that we will not be diminished, but even greater?

[The Prime Minister]

I thank my hon. Friend, who may have anticipated what I am about to say. I can absolutely give her that assurance, because I want to be clear about what this deal delivers for the country. There will be an end to free movement once and for all, an end to the jurisdiction of the European Court of Justice in the UK, an end to those vast sums we send to Brussels every year, a fair settlement of our financial obligations—less than half what some predicted—

[Several hon. Members rose—]

[The Prime Minister]

I am conscious that I have now been speaking and taking interventions for an hour. Many Members want to contribute to the debate, and I will make some progress.

We will have a new free trade area with no tariffs, fees, quantitative restrictions or rules of origin checks—an unprecedented economic relationship that no other major economy has. At the same time, we will be free to have an independent trade policy and to strike new trade deals all around the world. This deal means being out of EU programmes that do not work for us. We will be out of the common agricultural policy and out of the common fisheries policy as an independent coastal state once again, with full control over our waters. It means jobs protected, citizens’ rights protected, the integrity of our United Kingdom protected, the sovereignty of Gibraltar protected, and our security protected, with the broadest security partnership in the EU’s history, working together with our friends and neighbours to keep all our people safe. The British people want us to get on with a deal that honours the referendum and allows us to come together again as a country, whichever way we voted. This is the deal that delivers for the British people.

[Several hon. Members rose—]

[The Prime Minister]

No, I am not going to take any more interventions.

Mr Speaker, I have spent nearly two years negotiating this deal. I have lost valued colleagues along the way. I have faced—

[Several hon. Members rose—]

[The Prime Minister]

No, I am concluding. I have faced fierce criticism from all sides. If I had banged the table, walked out of the room and delivered the same deal that is before us today at the end of the process, some might say I had done a better job, but I did not play to the gallery. I focused on getting a deal that honours the referendum and sets us on course for a bright future, and I did so through painstaking hard work. I have never thought that politics was simply about broadcasting your own opinions on the matter at hand—[Interruption.]

[Mr Speaker]

Order. Mr MacNeil, I am concerned—[Interruption.] No, you were chuntering noisily from a sedentary position. I saw you, and I heard you. Your apprenticeship to become a statesman has still a substantial distance to travel.

[The Prime Minister]

Politics is as much about listening to people from all sides of the debate and then doing what you believe is in our national interest. That is what I have done, and sticking to the task has delivered results for the British people. When the EU gave us a choice between off-the-shelf models, I won us a bespoke deal. When in Salzburg the EU tried to insist on a backstop that carved out Northern Ireland from the rest of the UK, I faced them down and they backed down. Right at the end, when Spain tried to make a move on Gibraltar, I stood firm and protected Gibraltar’s sovereignty. That is why the Chief Minister of Gibraltar has said that no friend of Gibraltar should vote this deal down.

Do not let anyone here think there is a better deal to be won by shouting louder. Do not imagine that, if we vote this down, a different deal is going to miraculously appear. The alternative is uncertainty and risk—the risk that Brexit could be stopped; the risk we could crash out with no deal. And the only certainty would be uncertainty—bad for our economy and bad for our standing in the world. That is not in the national interest.

The alternative is for this House to lead our country forward into a brighter future. I do not say this deal is perfect. It was never going to be, and that is the nature of a negotiation. Yes, it is a compromise. It speaks to the hopes and desires of our fellow citizens who voted to leave and of those who voted to stay in. We will not bring our country together if we seek a relationship that gives everything to one side of the argument and nothing to the other.

We should not let the search for the perfect Brexit prevent a good Brexit that delivers for the British people. And we should not contemplate a course that fails to respect the result of the referendum, because that would decimate the trust of millions of people in our politics for a generation.

[Several hon. Members rose—]

[The Prime Minister]

I am concluding.

To all sides of the debate, to every Member in every party, I say that this deal deserves your support for what it achieves for all of our people and our whole United Kingdom—one Union of four nations, now and in the future. And this is a debate about our future. It is not about whether we could have taken a different road in the past, but about which road we should take from here.

If we put aside our differences and remember what unites us, if we broker an honourable compromise in the interests not of ourselves but of those we were sent here to serve and if we come together to do our duty to our constituents, we will pass the test that history has set for us today. It is not easy when the passions run so deep, but looking around this Chamber, I know we can meet this moment. So I promise you today that this is the very best deal for the British people. I ask you to back it in the best interests of our constituents and our country and, with my whole heart, I commend this motion to the House.