European Union (Withdrawal) Act

Alan Brown Excerpts

Thursday 10th January 2019 Commons Chamber

[Michael Gove]

The hon. Gentleman makes an important point. In the event of no deal, the tripartite agreement, which is part of EU law, falls. Of course, the bloodstock industry, the horse racing industry and others can take mitigating steps, but the current free movement of equines would be harmed, although it would be protected by this deal.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

rose—

[Michael Gove]

I will give way to the hon. Gentleman, and then I will try to make a little bit of progress. I am sure that there will be further interventions in due course.

[Alan Brown]

In the Secretary of State’s post-Brexit nirvana, there will be a different customs and trading arrangement with the EU from the one that exists just now, and that will be managed with no hard border between Ireland and Northern Ireland. The Government have consistently said that that will be done with the use of new technology. What is the timeframe for the invention, trial and deployment of that technology, which will mean that there are no cameras and no infrastructure—no anything—on the border between Ireland and Northern Ireland?

[Michael Gove]

A lot of work has already been done—including by Members of this House, such as my hon. Friend the Member for Yeovil (Mr Fysh)—to point out how we can have a frictionless border and avoid checks at the border, so that we can move out of the backstop and into a new trade agreement with the European Union.

Today the focus of this debate is principally, although not exclusively, on the environment and on workers’ protection. It is important to put on record the work that has been done across this House while we have been in the European Union to protect our environment and ensure that workers have a brighter future. However, it is also important to stress that this country has had ambitions higher than those required by our membership of the European Union—ambitions that have been fulfilled in a number of areas.

The right hon. Member for Doncaster North (Edward Miliband), when he was Secretary of State in the Department of Energy and Climate Change, introduced climate change legislation that was significantly more progressive and ambitious than what was required by our membership of the European Union. On plastic and waste, this Government are going further than we are required to do by the European Union, to ensure that we pay our debts to this planet. Look at workers’ rights, holiday rights, maternity leave, maternity pay and the national living wage. In every single one of those areas, our ambitions have been higher than required by the European Union.

It is not the case that membership of the European Union is necessary to safeguard our environment or to guarantee high-quality rights for workers. This agreement makes it clear that we will apply a non-regression principle when it comes to workers’ rights, to health and safety and to employment rights. That principle, which will be very similar to the one that occurs in many other trade deals, will ensure that there is no race to the bottom. The Government will also—this is in the withdrawal agreement—create an office of environmental protection to ensure that our environment is safeguarded and that appropriate principles that were developed during our time in the European Union, such as the precautionary principle, are applied in an appropriate way.

However, there is a critical distinction between what the withdrawal agreement allows us to do and what the EU insists that we do. The withdrawal agreement allows us to take back control. The office of environmental protection will scrutinise this Government’s or a future Government’s application of environmental principles, but the House will decide how those principles are interpreted. For example, if we want to put the emphasis on innovation in certain areas in a different way from the European Union but still strive towards high environmental goals, we can. We can have both higher levels of protection and, critically—this was the message of the referendum—democratic accountability, with power flowing back to this place and all its Members.

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[Michael Gove]

I think the European Union and its institutions will provide more clarity, but let me try to provide an additional element of clarity. The backstop is uncomfortable. It is uncomfortable for me individually as a unionist, and it is uncomfortable for my friends in the House who represent Northern Ireland. However, it is important to recognise that the European Union originally wanted a Northern Ireland-only backstop. The Prime Minister pushed back against that. We now have a UK-wide backstop. Critically, as I mentioned, that creates difficulties for other European nations.

Immediately after the conclusion of the withdrawal agreement, we heard from President Macron. It was clear from his comments that he recognised how unhappy French fishermen and citizens in Brittany and Normandy would be if the backstop came into operation and they lost all—100%—of their access to UK waters as we took back control. We shall be able to say to France, to the Netherlands, to Denmark and to other nations, “I am afraid you are locked out of our waters” and at the same time, “but we have access to your markets without tariffs or quotas.” We shall be able to say, “Your citizens cannot come here except under our rules” and, at the same time, “We are not paying a penny for these privileges”—and, at the same time, “We are outside the jurisdiction of the European Court of Justice.”

European nations will say to the European institutions, “We thought that you were not going to allow cherry-picking. Why does Britain have this bowl of glistening cherries? We thought you would say that the Brits could not have their cake and eat it, but they are enjoying an array of privileges, access routes and opportunities, while at the same time not paying for them, not accepting our citizens and not allowing our boats into their waters.”

It will be the case—it is already the case—that entering the backstop will be seen by European nations and European politicians as a consummation devoutly not to be wished. That is why I am so confident that we will be able to secure an agreement, pursuing the principles of the withdrawal agreement, that will ensure that we have the free trade that we want and the control that the British ask of us.

[Alan Brown]

The Secretary of State spoke of cherry-picking, but he cherry-picks his own statistics when he talks about 5,000 possible new fishing jobs. The SNP was always opposed to the common fisheries policy and argued against it for many years. When it comes to cherry-picking, what does the Secretary of State say about the 80,000 post-Brexit job losses predicted by the Fraser of Allander Institute? What is he doing to address that?

[Michael Gove]

It is the case that, if the Scottish National party votes for the deal, we shall be able to secure jobs in Scotland and across the United Kingdom, and also to secure those 5,000 additional jobs. The hon. Gentleman is right: the Scottish National party has said that it is against the common fisheries policy. However, while it has willed the end, it has not willed the means, which is leaving the European Union. The Scottish National party’s position is—how can one put this? To say that you want to leave the CFP but not to do anything about it, and to seek to frustrate the legislation that will allow us to leave the CFP, is inconsistent at best and a simulacrum of hypocrisy at worst.