Progress on EU Negotiations

Andrew Murrison Excerpts

Thursday 22nd November 2018 Commons Chamber

[The Prime Minister]

What is absolutely clear is that in the future relationship we will have with the European Union, the European Court of Justice will not have jurisdiction here in the United Kingdom. It is possible that the hon. Lady is thinking of the circumstances put in place in the withdrawal agreement in relation to either those cases that are pending in relation to the European Court of Justice and Union law before we leave, or those cases that relate to activity that has taken place under European Union law while we were a member of the European Union, in which case it will be possible for those cases to continue to be taken as they would have been had we remained a member.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

I congratulate my right hon. Friend on getting alternative arrangements into the narrative, which is a very considerable achievement indeed. Given articles 174 to 178, to what extent does she think that the independent arbitration panel ultimately will be able to determine if and when the conditions for alternative arrangements have been met?

[The Prime Minister]

My hon. Friend has clearly made a careful study of the withdrawal agreement. He will know from the withdrawal agreement that the process that will take place is that, if we are in the backstop and believe we have alternative arrangements—whether the future relationship or another arrangement—that mean the backstop is no longer necessary, that will be a matter initially to be discussed between the United Kingdom and the European Union through the Joint Committee. It would be possible then, if there were no agreement and there was concern about good faith in relation to this, for that matter to be arbitrable before the arbitration panel. Of course, it is not for me to set out the sort of decision that the arbitration panel will take; it would be for it, at that point in time, to determine whether either side had been failing to act in the way in which it was intended.