European Union (Withdrawal) Act

Alberto Costa Excerpts

Wednesday 9th January 2019 Commons Chamber

[Keir Starmer]

I will just crack on.

What we see from this document is that the envisaged future relationship will not deliver frictionless trade; it does not aspire to any more. There is no plan for a permanent customs union and no certainty for financial services. In fact, there is almost nothing for financial services. On workplace rights and environmental protections, there is nothing to ensure that standards do not fall behind over time. No wonder the general secretary of the TUC said:

“This is a bad deal for working people: bad for jobs and bad for rights.”

It also places us outside a whole raft of common EU programmes and agencies. Again, much of that flows directly from the Prime Minister’s insistence that there should be no role whatever for the European Court. She put that red line down, and once she had done so, any meaningful participation in those bodies became very difficult.

For five years, I was the representative of the UK in Eurojust, which, as the House will know, plays an important part in the investigation and prosecution of very serious offences across Europe, as do other agencies. In order to have the full participation that makes sense, we have to accept the oversight and enforcement mechanisms that go with it, but the red line made it impossible and led to such a thin document as this.

[Alberto Costa (South Leicestershire) (Con)]

I have heard colleagues ask the right hon. and learned Gentleman repeatedly about the Labour party’s proposals and whether it would work on a cross-party basis. He indicated at the Dispatch Box that he would enter into cross-party discussions. Is he speaking for the Labour party or as an individual, and what proposals does he have?

[Keir Starmer]

I have to say that I love this. We are voting on the Government’s deal, but Members are attacking the Labour party’s plan. Well, that makes a lot of sense. Whatever else we are going to do next Tuesday, we are not going to vote on our plan. Let us be serious.

[Alberto Costa]

Will the right hon. and learned Gentleman give way?

[Keir Starmer]

The hon. Gentleman asked me a question and I am answering him. Whether we like it or not, the Government’s deal is what we are voting on. We are not voting on what any one of us may think, say or do. Having not made any attempt to engage seriously with the Opposition on amendments and proposals, it is a bit rich for Government Members to now say that it is somehow the Opposition’s fault that the Government are in a mess and cannot get their deal through. I gently say that there is huge interest in what the Opposition think. Why? Because, in an ordinary set of proceedings and absent the snap general election, there would be a majority on the Government Benches for the Government’s own proposition. This challenge needs to be put in its proper context: it is because Conservative Members know full well that they are not all going into the same Lobby.

--- Later in debate ---

[Alberto Costa (South Leicestershire) (Con)]

My constituency voted to leave the European Union, and I promised my constituents before, during and after the referendum that I would respect the result. I also told them that I believe in a smooth and orderly Brexit. Although the Prime Minister’s deal is imperfect, I believe it will provide that smooth and orderly Brexit.

The Prime Minister has worked very hard on the deal, and my constituents have given me the message loud and clear, whatever their view on the European Union, that she has been sincere about respecting the referendum result. She has been extremely hard-working and is absolutely determined to see this through. I think all of us in the House, and most of our constituents, recognise that the Prime Minister is trying to do what is in the best interests of the United Kingdom of Great Britain and Northern Ireland.

I would like to touch on a couple of aspects of the deal that I think will help Members come to the same conclusion I came to and support this compromise. I have received many emails from constituents telling me to vote against the deal or for the deal. Even those who asked me to vote against it did so for different reasons. Some did so because they want no deal, and others because they want a second referendum or another outcome—perhaps no Brexit at all. Those who email to ask me to support the deal do so in a calm, rational and logical manner, whether they voted leave or remain. They explain that this deal, imperfect though it is, is a compromise that will allow the country to have a smooth and orderly exit.

Mr Speaker, you will know that for the last two and a half years I have been championing the rights of EU nationals living in the UK and British citizens living in the EU27. I think I am one of the MPs most personally affected by the decision to leave the EU and its impact on citizens’ rights, because my mother, father and sister are EU nationals. I think everyone in the House believes that we should protect the rights of EU nationals living in Britain and British citizens living in the EU, and the only way of doing that in a smooth and orderly manner is with the Prime Minister’s proposed deal. It is the only deal that offers an absolute guarantee to my parents, to the more than 3 million EU nationals in Britain and to the more than 1 million British nationals in the EU.

[Carol Monaghan (Glasgow North West) (SNP)]

Does the hon. Gentleman support the £65 fee that these EU nationals have to pay?

[Alberto Costa]

I would say two things about that. In 2014 the SNP—[Interruption.] I promise to answer directly. In 2014 the SNP argued that Scotland should leave the EU and then reapply for admission as a third party. That was, in effect, what was on the ballot paper for Scottish independence, so it is a bit rich today for the SNP to talk about citizens’ rights. It put them in danger back in 2014.

I said that I would answer the hon. Lady’s question, and my answer is this: as a member of the Government—as a Parliamentary Private Secretary to the Secretary of State for Scotland—I support the Government, but I am uneasy about the fees for settled status. My hon. Friend the Member for Bexhill and Battle (Huw Merriman) asked the Prime Minister about the fees earlier today, and I can say this to the hon. Lady: it is a matter that I am pursuing and will continue to pursue to ensure absolute fairness for innocent EU nationals in this country, who did not have the right to vote in the referendum, who in many instances have lived in this country for decades, and who might be asked to pay a sum of money—albeit a modest sum of money—to remain in the country. I personally think we have to look at that very carefully. I promised her an answer, and I hope she is satisfied with that one.

The deal on citizens’ rights gives certainty not just to citizens but to businesses that rely on EU nationals for their workforce. If a further reason is required, that is a second and connected reason to support the deal. It would allow businesses to continue to employ EU nationals, not just those resident in this country today but those who come to the UK during the implementation period. The implementation period would give certainty to EU nationals who in the future might wish to live and work here—and exercise their withdrawal agreement rights, if that agreement is passed—and to businesses in South Leicestershire that have been lobbying me and asking me what the situation will be for the people they employ.

The implementation period would also give certainty to British businesses that do business in the EU27 and need UK nationals not only to work in member states but to have the ability to move between member states. The deal that the Prime Minister has negotiated allows for that, and I say this to Opposition Members, particularly Labour Members and the shadow Brexit spokesman: if they are sincere, as I hope they are, I urge them to see that as an overriding reason to support the Prime Minister’s deal, given that they have not come up with any plan of their own that would give EU and UK nationals the rights that her deal would give them.

I come now to the second issue, which is the so-called backstop. Let me declare an interest and refer Members to my entry in the Register of Members’ Financial Interests. I am dually qualified as a Scottish and an English solicitor, and I still practise as an English solicitor. We have heard a lot of talk from people who have, let us say, new-found Unionism in their blood, and I welcome that greatly. I felt that I was a lonely voice in the 2015 Parliament when I intervened to oppose nationalists’ comments about the United Kingdom. [Interruption.] If the hon. Member for Glasgow North West (Carol Monaghan) has an intervention to make, she should feel free to make it.

[Carol Monaghan]

I think that all we would argue about is where the lines are drawn. The hon. Gentleman obviously feels that he is British, and we feel that we are Scottish. Both of us are happy to show pride in our nations, as we see them.

[Alberto Costa]

I am proud to say that I am Scottish, British and with Italian heritage, and there is absolutely nothing wrong with that. We are the wonderful, fantastic United Kingdom of Great Britain and Northern Ireland. I urge the hon. Lady to start reflecting on her own party’s policies, which are divisive. I am not a nationalist; I am a British patriot. There is a difference between the narrow-mindedness of nationalism and being a good patriot.

I was talking about the issue of the so-called backstop. Let me make a simple analogy. There is one area about which, as a dually qualified solicitor, I am able to speak with some knowledge, and that is legal services. There is a lot of talk about creating a border down the Irish sea, but there is already a border down the Irish sea when it comes to legal services regulation.

In fact, the United Kingdom is blessed with three legal systems: distinct, proud, global and fair systems. We have the English and Welsh system, the Scottish system and the Northern Irish system. As fellow lawyers will know, each of those systems regards the others as foreign legal systems. England and Wales regards Northern Ireland’s system as a foreign legal system, and Scotland regards England and Wales’s system as a foreign legal system. A qualified Scottish solicitor does not have automatic regulatory rights to practise in Northern Ireland, because there is already a border down the Irish sea in respect of legal services regulation. Each jurisdiction has its own regulatory body when it comes to the profession of lawyers.

[Gavin Robinson]

As a member of the Northern Irish Bar, and as someone who had the opportunity to study English or Scottish law, I know that there are two substantive forms of law in this land. We have devolution, and there are respected regulatory bodies in every field and every facet in this country. In this place, however, we have one sovereign Parliament. The withdrawal agreement would allow rules and regulations to be set for Northern Ireland in another sovereign Parliament.

[Alberto Costa]

I understand the hon. Gentleman’s point, but my point is simply this. He does not have an automatic right to practise as a barrister in England and Wales unless the regulatory body in England and Wales permits a Northern Irish barrister to do so, because there is a border down the Irish sea. Under European Union law as it stands, the Law Society of Northern Ireland is, at least for solicitors, the regulatory body that is recognised as a competent authority. I speak as a Unionist—I have the scars on my back from fighting for the integrity of the United Kingdom when I stood against the SNP candidate in Angus—but there are already instances of different regulatory practices between the different constituent parts of the United Kingdom.

[Gavin Robinson]

rose—

[Alberto Costa]

I am afraid that I am going to wind up my speech now. Others want to speak.

There is nothing unique in the principle of having slightly different regulatory regimes when it comes to services or goods. I do not want to see the backstop, and I believe that the Prime Minister is right: it is an insurance policy, and I hope that she will bring something back from the EU in the next few days. However, I do not think that that alone should negate a Member’s duty to vote for this deal in the interests of the United Kingdom.

In conclusion, if the deal does not go through next week, the people out there are watching us. We are the sovereign Parliament—sovereignty is in our hands—and we must make a decision that calms the febrile atmosphere that still exists out there, and one that allows us to respect the referendum result in a smooth and orderly manner. I believe that the Prime Minister’s deal, compromise though it is, allows us to do that.