European Union (Withdrawal) Act

Alberto Costa Excerpts

Wednesday 5th December 2018 Commons Chamber

[Tim Loughton (East Worthing and Shoreham) (Con)]

I approach this debate with a sense of disappointment, the same disappointment that I felt when I decided to campaign for, and vote for, Brexit. I did so not because I had an ideological phobia of the EU, but because I believed that the EU was going backwards, that the UK’s interests were diverging from it, and that without reform it was doomed to steady but terminal decline. That reform was not forthcoming. However, I do not want to repeat what was said in the debates in the run-up to the referendum, as, I fear, many Members have in recent weeks and, indeed, today. This debate is about the deal that is now before us. The country voted to leave on 23 June 2016, as did my constituency. The Government pledged to implement “what you decide” in their little booklet costing £9.3 million. At the time of the 2017 election the two main parties secured 82% of the vote, and both pledged to implement the referendum result. The people have given us no alternative instruction since then, and manifestos have not been rewritten.

The campaign to sideline the referendum result has been marked by two, I think, disingenuous approaches. The first is that it has all become a bit too complicated, so should we not just call the whole thing off? The second is a constant embellishment of the horrors of post-Brexit economic forecasts, which have dually encouraged remain voters to believe that the result could be reversed and encouraged EU negotiators to believe the same, which makes any terms for our departure doubly unpalatable.

I have discussed my view with my constituents, and more than 1,000 have written to me urging me to vote against this deal. In contrast, only a few dozen have urged me to support it. Today I should be welcoming a meaningful vote for a proposal that delivers the Brexit for which I campaigned and for which my constituents and the country voted, but alas, I cannot do that, because this proposal does not deliver Brexit. Its unprecedented terms have the potential to undermine our sovereignty and the Union of the United Kingdom like nothing before, and I am deeply worried for the future of Brexit after the shambolic way in which the whole issue has been handled by the Government in recent days.

[Alberto Costa (South Leicestershire) (Con)]

I have a simple question for my hon. Friend, and for others who have difficulty in voting for the deal. If we do not vote for it, what will happen to the rights of United Kingdom nationals living in the EU27 after 29 March?

[Tim Loughton]

That is up to the Government to negotiate. They have failed to produce the immigration White Paper for which we have been waiting for some time, and they really need get on with answering questions like my hon. Friend’s and providing some certainty.

Many Members have used metaphors for our present predicament. Let me add another to the mix. It is like buying a house that you have only seen from the outside. You hand over the full asking price at the outset, upfront. You sign all the legal transaction documents without even agreeing on the fixtures, fittings and completion date, or indeed knowing whether the immigration status of your family allows you to live there. Only after that do you commission a survey, the results of which you do not share with your family despite eventually finding out that the neighbours have an unlimited right of way across your garden and unfettered access to your garden pond—and you have no indication of when you will be able to move in. Who in their right mind would agree to such a deal on buying a house, let alone on such an important issue as the future constitutional basis of our whole country?

My hon. Friend the Member for East Surrey (Mr Gyimah), in an excellent speech—he is welcome to the Back Benches if he is going to make more speeches like that—described this as a deal in name only, and said that it was another case of difficult decisions being kicked into the long grass. Above all, what we need now, and have needed for some time, is certainty: certainty for our citizens, certainty for our businesses and investors, certainty for our fishermen, our farmers and many more. Yet the political agreement that accompanies this document—which sounds good—is littered with conditional phrases such as “agree to develop”, “intend to consider”, “will explore the possibility”, and “best endeavours”. That is not concrete enough for me to feel that I can sign up to it. My biggest fear is that this deal only extends the uncertainty—now confirmed by the Attorney General’s advice—over how long we will continue to be rule takers for our tariffs, our regulations, our alignment requirements, our competition laws and our trade deals, and the uncertainty over the integrity of our whole United Kingdom and our sovereignty.

As for Northern Ireland, the EU has spent the last two years declining to agree a practical arrangement for the border, despite facing the real and present danger of that ending in a no-deal Brexit that would see no handover of £39 billion, and the serious disorder that a no deal could bring in the short term at least. What I do not understand is why on earth the Prime Minister thinks the EU will agree to a solution to this, I think, much overhyped and largely fabricated problem of Northern Ireland in the next two years when the cheque will have been signed and a legally binding framework deal agreed. What leverage will we have left to secure mutually beneficial terms in all the outstanding issues to be resolved to avoid an interminable backstop—and there are many issues still to be resolved? It is unthinkable that we should sign a deal that compromises our sovereignty and the ability of this House and this Government, answerable to our peoples, indefinitely to set our own laws.

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

This country voted for Brexit, and it is incumbent on the House and the Government to deliver just that. The people who voted for Brexit did not vote for something that they did not understand. They voted for a land of opportunity and for freedom: freedom over our laws and borders, and the ability to trade freely, which we cannot do as members of the EU.

Today and over the next couple of days, we are asked to consider a withdrawal agreement and a political declaration. Amazingly, the withdrawal agreement has everything the EU wants in it, and would be binding. The political declaration, which looks at our future trading agreements and relationship, is what we in the UK want, and guess what? That is not binding.

In the west country, the impact on the fishing industry would be devastating. A clear link is intended between our ability to fish and reaching some form of economic deal. Voting for the deal would be damaging not only to my fishermen but to the country as a whole. Most importantly, it would not, in any shape, size or form, deliver Brexit. The motion is a triumph of hope over experience. Our experience of the EU is generally, “This is what we want. You can have as many goes at it as you like, but it is that and nothing else. We will not move.”

If we vote for this agreement, we will remain a rule taker from the European Court of Justice on environmental and employment matters; even the withdrawal agreement will ultimately, if there is a dispute, be determined by the ECJ. As has been discussed, we will have no right to leave unilaterally. We have all now seen the Attorney General’s advice; I do not really need to say more, do I?

We will be unable to pursue independent trade deals. The agreement does not say that we cannot, but because we are bound to strict equivalence with the EU in many areas of legislation, we are very unattractive, as the Americans have already said. If we stick to the EU’s rulebook, we cannot do what one normally does in a trade deal: agree tariffs and the methods of rule and regulation to ensure an equivalent outcome in both countries.

As we have heard said very emotionally, the backstop threatens the integrity of the UK, and would potentially put a border down the Irish sea. That is not acceptable; it breaks the Union. The extension period will continue the uncertainty for business, not bring it to an end, as many seem to think.

Quite a number of amendments have been tabled. They will not improve matters. What do they do? They have a go at sorting out the backstop by removing or time-limiting it, but the backstop is not the only problem with the agreement, so that will not work. There is also an amendment requiring another referendum. I am afraid that I have to disagree with the hon. Member for Bath (Wera Hobhouse); the people have spoken, and we must accept that. It is not for us to say to the people, “Try again, and get a result that the EU wants.” That is simply not acceptable.

The Opposition’s amendment would keep us in the customs union, which would absolutely disempower us from doing any trade deals. Worst of all, none of the amendments would stop us paying £39 billion—and according to the Office for National Statistics, it is no longer that but £46 billion. If we extend our relationship, which we could do for a very long time, we continue making annual payments.

Next Tuesday, we will be asked to take a meaningful vote. Those who think that supporting the agreement is the only thing they can do to deliver Brexit should think again. That is absolutely not right. There is another option—I wish there were others, too, but there is no more time; 29 March is almost upon us.

[Alberto Costa]

My hon. Friend says that there is simply not enough time. I pose the same question that I asked my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton): on what rights will UK nationals—1 million of whom reside in EU27 countries—rely on 29 March 2019?

[Anne Marie Morris]

My hon. Friend has asked a very sensible question, to which I will give an answer.

I am afraid that I reject the description of what will happen as crashing out or as falling over the precipice. We will go out on a World Trade Organisation deal, and that will be very much to our benefit. We do 98% of our trade on WTO arrangements. I do not agree that the Government are not prepared, because they are. I have listened to proposals from most Government Departments, and I do not agree that suddenly there will be chaos. I do not dispute that there will be a bumpy ride, but we are prepared. I can also tell hon. Members that, from the evidence I have seen on the Public Accounts Committee, those on the other side in Calais are no more in favour of chaos than we are in Dover, so please—