UK’s Withdrawal from the EU

Alberto Costa Excerpts

Wednesday 27th February 2019 Commons Chamber

[Alberto Costa (South Leicestershire) (Con)]

Thank you, Mr Speaker, for selecting my amendment (b). As all Members will probably know, I have been a loyal Conservative Member. I have never rebelled and have scarcely spoken out of turn. I believe and continue to believe that, as Members of various political parties, we are at our best when we stick together and promote the political policies upon which we were elected. However, when an amendment attracts such broad consensus across the House, including from the leaders of every Opposition party and, importantly for me, the support of right hon. and hon. Friends across the Brexit debate on the Government Benches, a sensible Government must accept that reasonable amendment. I am therefore grateful that the Government have acted reasonably in accepting my amendment in full.

My amendment does not deal in goods or services, backstops or borders, but people—living and breathing, skin and bone. That such an amendment is needed is in itself a sad state of affairs. The rights and freedoms of over 1 million UK citizens in the EU and over 3 million EU citizens in the UK should never have been used as a bargaining chip during the negotiations for our withdrawal from the European Union. That such rights were placed on the table in the first place was wrong.

While I welcome the Government’s unilateral undertaking, it does not go far enough, and we need to do more. I have backed the Prime Minister’s deal and will continue to, but with the spectre of uncertainty hanging over the heads of over 5 million people, it is right that this House has positively coalesced around a good message to send not just to the country and to EU citizens, but to President Donald Tusk and the European Council, which is carefully listening to our proceedings.

The time for ring-fencing these rights was at the outset of the UK’s decision to leave the EU, and it is now imperative that the Government do everything they reasonably can to seek consensus from the European Council and get a legal mandate for the European Commission to carve out those rights. The Prime Minister said yesterday that the EU Commission does not have the legal authority. I spoke to Professor Smismans, professor of EU law at Cardiff University, this morning, and he said it is correct that the European Commission has not been mandated to negotiate a separate agreement on citizens’ rights, but that the European Council can revise that mandate at any time. There is no legal hurdle at all.

I would like to hear from the Government exactly what measures the Prime Minister will take to ensure that this amendment, which has been adopted by the Government, is complied with. Will she be writing a letter to President Donald Tusk? If so, when will she write it? What other measures can the Government take to ensure that the Council gives that mandate to the Commission to carve out citizens’ rights as quickly as possible?

[Charlie Elphicke]

Does my hon. Friend agree that this should have been sorted out back in 2016? It is quite wrong that we are discussing it now.

[Alberto Costa]

Yes. As I said earlier, I entirely agree that this matter should have been dealt with at the outset of the United Kingdom’s decision to leave the EU.

[Dr Whitford]

Will the hon. Gentleman give way?

[Alberto Costa]

I do not have time, but I thank the hon. Lady and all her colleagues for supporting my amendment. It is time we sent a clear message.

There has been some discussion about my position in the Government. There is a convention that a Parliamentary Private Secretary is expected to resign if they table an amendment, which is all I would say on the matter.

Finally, I thank all hon. and right hon. Members on both sides of the House who have graciously and very kindly offered to support my amendment. We can all take pride in informing our constituents and fellow British citizens in the EU that we put citizens’ rights at the very front. I thank the campaigning groups the3million, which supports the rights of EU nationals here, and British in Europe, which supports the rights of British nationals in the EU. Citizens’ rights is not about party politics. It is about people.

--- Later in debate ---

[The Secretary of State for Exiting the European Union (Stephen Barclay)]

The Government’s focus is on securing a deal and passing a meaningful vote by 12 March. The Prime Minister has now spoken to the leaders of all 27 EU member states to set out the UK’s position. The Attorney General, the Chancellor of the Duchy of Lancaster and I have been engaged in discussions with the EU to make progress, and both teams are continuing their work. We have agreed to review progress with the EU again over the coming days.

[Alberto Costa]

I have two questions for my right hon. Friend. Given that the Government have accepted my amendment in full, will he confirm at the Dispatch Box whether the Prime Minister will be writing to President Tusk and the European Council requesting that the European Council give legal authority to the EU Commission to seek to enter into discussions with the UK to carve out the citizens’ rights deal? If so, when?

[Stephen Barclay]

I am grateful to my hon. Friend for raising that point. Many Members from across the House spoke in support of him during the debate, and I am happy to confirm that we will write to the EU institutions in the coming days. The reality is that we have a shared goal of protecting citizens’ rights, and the Government do not oppose my hon. Friend’s amendment for that reason, but the issue is more about what the European side is willing to do, because the EU has previously said that it is a bilateral matter for member states, rather than something within the EU Commission’s mandate.

Turning to amendment (c) in the name of my right hon. Friend the Member for Meriden (Dame Caroline Spelman), she kindly referred to my remarks in the media this morning, and those of the Prime Minister, that the will of the House will be respected in respect of a vote on whether to leave with no deal should the meaningful vote on 12 March not be passed. I am grateful to her for indicating, in the light of the assurances that we have provided, that she does not intend to press the amendment to a vote.

Moving on to amendment (f) in the name of the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), I can confirm that the Government will accept it. It is no longer necessary, because we have made clear commitments to hold a second meaningful vote on 12 March and another vote on leaving without a deal. The Chairman of the Exiting the European Union Committee asked whether those motions would be amendable, and that was addressed by my right hon. Friend the Chancellor of the Duchy of Lancaster. As the Chairman of the Committee well knows, it is for you, Mr Speaker, to decide whether a motion is amendable, but the Government are happy to give a commitment subject to that decision. I do not want to pre-empt what the motion will say, but we expect that a substantive motion would be amendable, which I hope reassures him.

Going back to amendment (c), the right hon. Member for Normanton, Pontefract and Castleford and the hon. Member for Pontypridd (Owen Smith) asked me to confirm the Government’s position on the record and to reiterate the position set out by the Prime Minister, who said:

“First, we will hold a second meaningful vote by Tuesday 12 March at the latest. Secondly, if the Government have not won a meaningful vote by Tuesday 12 March, then they will, in addition to their obligations to table a neutral, amendable motion under section 13 of the European Union (Withdrawal) Act 2018, table a motion to be voted on by Wednesday 13 March, at the latest, asking this House if it supports leaving the EU without a withdrawal agreement and a framework for a future relationship on 29 March. So the United Kingdom will only leave without a deal on 29 March if there is explicit consent in this House for that outcome.

Thirdly, if the House, having rejected leaving with the deal negotiated with the EU, then rejects leaving on 29 March without a withdrawal agreement and future framework, the Government will, on 14 March, bring forward a motion on whether Parliament wants to seek a short, limited extension to article 50, and, if the House votes for an extension, seek to agree that extension approved by the House with the EU and bring forward the necessary legislation to change the exit date commensurate with that extension. These commitments all fit the timescale set out in the private Member’s Bill in the name of the right hon. Member for Normanton, Pontefract and Castleford.”—[Official Report, 26 February 2019; Vol. 655, c. 166-167.]

Those commitments were made by my right hon. Friend the Prime Minister, and the Government will stick by them. While I do not normally like to read text out verbatim, I hope that that provides the right hon. Member for Normanton, Pontefract and Castleford with the clarification that she was seeking.