European Union (Withdrawal) Bill

Antoinette Sandbach Excerpts

Committee: 7th sitting: House of Commons
Wednesday 13th December 2017 Commons Chamber

[Yvette Cooper]

The right hon. Gentleman is exactly right. The timing of the vote matters, but so does its constitutional status. That is why I think it immensely important for this to be a statutory vote.

Let me explain why the Government’s words and the Prime Minister’s words—in the written ministerial statement, in various letters and so on—are not enough, and why we need to vote on either amendment 7 or my new clause 3. First, the Government’s unwillingness to put their promises on the face of the Bill is a problem. Parliament needs commitments in legislation before we can give the Executive such strong powers—such constitutional powers—and we need that commitment on the face of the Bill before and not after we do so. Secondly, there is still a difference between us on what counts as a meaningful vote. Without either new clause 3 or amendment 7, it would still be possible for Ministers to offer only a vote on a motion on the withdrawal agreement, and that indeed is the Prime Minister’s intention. The written ministerial statement published this morning says:

“This vote will take the form of a resolution in both Houses of Parliament and will cover both the Withdrawal Agreement and the terms for our future relationship.”

[Antoinette Sandbach (Eddisbury) (Con)]

Does the right hon. Lady share my concern about the fact that the vote on the motion of both Houses will come after the ratification of the treaty, and the fact that this House has no power or ability to change treaty terms under the ratification, which renders any vote on the motion meaningless?

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[Dr Philippa Whitford (Central Ayrshire) (SNP)]

We have been discussing new clause 3 and amendment 7, which is about process in this place and, as has been said, whether there is any point in clause 9 if there is going to be a withdrawal agreement Bill. The problem is that, if clause 9 remains in the Bill, the Government will still have powers in the interim to make changes, including to the Bill itself. That means that, when the Bill completes, the Executive could simply change it in any way they wanted.

On the issue of having a vote that is meaningful, if the only option we have is the deal that comes back or no deal, frankly, that is Hobson’s choice. What should have been happening is what the Prime Minister categorically refused: a running commentary. Other Governments in Europe have sent people back to the negotiating table to try to make changes when legislation has been enacted. It is important that we remember the paucity of the debate running up to June 2016. We did not explore all the impacts. There was one debate in this Chamber on the EU and the economy. There was no debate in this Chamber on the health or social impacts, or on the loss of rights and opportunities. We did not have that. We did not air these issues—it is like having the Brexit debate now.

I want to speak to amendment 143, tabled by the hon. Member for Brighton, Pavilion (Caroline Lucas), which looks for a signed agreement to protect EU citizens in the UK and UK citizens in the EU.

[Antoinette Sandbach]

On a point of order, Sir David. I am not able to hear what the hon. Lady is saying because behind me there seems to be an inordinate racket being made by one of my colleagues. I wonder whether it would be in order for you, Sir David, to make the point clear that this is an incredibly important debate and Members of Parliament should be able to hear what is being said.

[The Temporary Chair (Sir David Amess)]

The hon. Lady is entirely right. We should be courteous to each other. I should also add, while I am on my feet, that I said at the start that with so many people wishing to speak, if people spoke for seven or eight minutes each, everyone would be called. It is now down to three or four minutes.

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[Dominic Raab]

I am just going to make a bit more progress.

I will address the point raised by the Labour spokesperson, the hon. Member for Greenwich and Woolwich, because I think he was on to something regarding the need to spell out and illustrate, albeit not necessarily exhaustively, the kinds of scenarios in which clause 9 remains relevant in the light of the proposed primary legislation. Let me offer a few illustrative examples.

Clause 9 may be required to legislate for the position of ongoing administrative proceedings when we leave the EU. This is a broad basket of technical issues, including the technical aspects of ongoing proceedings on competition and anti-trust issues under regulation 1/2003, for example, which sets out the co-ordination between the Commission and national competition authorities. Another example is the ongoing procedures on concentrations between undertakings in mergers under regulation 139/2004, and the allocation of jurisdiction between the EU and national authorities. These detailed and technical issues do not need to be put on the face of a Bill, but they must be legislated for in time for exit.

Another area for which clause 9 could be used relates to the privileges and immunities afforded by the UK to the EU—its institutions, bodies and staff—post exit. Privileges and immunities are a standard feature of international law, and are generally considered necessary for the proper functioning of international organisations. Privileges and immunities for the EU are currently implemented under protocol 7 of the treaty on the functioning of the European Union. After exit, the EU will continue to require privileges and immunities to cover any functions it has, although the precise contours may differ according to the deal that we strike. Our agreement on privileges and immunities will need to be implemented in domestic legislation.

[Antoinette Sandbach]

The point is that clause 9 is so widely drafted that it could apply to absolutely anything that could be linked with EU withdrawal. I am sure that the Department for Exiting the European Union has done a great deal of analysis—indeed, the Minister is showing that in his speech—of the areas that may be affected at the point of withdrawal. Surely that is the point at which the Government need to come to the House and, rather than speculating about what might be affected, actually identify that to us so that the powers can be limited precisely to those areas for which the Government need them.

[Dominic Raab]

I thank my hon. Friend for the constructive way she makes her point. Of course, until we have the withdrawal agreement, we will not know precisely the nature of the technical—

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[Antoinette Sandbach]

Does the hon. Gentleman agree that it is deeply insulting for those who have time and again voted against their Prime Minister and their Government to suggest in this crucial Bill, which will help to set the future course of this country, that it would be wrong for us to do the proper scrutiny and to apply for votes in this House?

[Chuka Umunna]

I could not agree more with the hon. Lady. She is absolutely right.

As my third point, before I quickly wrap up, I want to be absolutely clear about what I believe we mean when we talk about a meaningful vote. For all the technical points that have been made from the Dispatch Box today and for all the high-quality legal debate we have had in this Chamber, the fact of the matter is that we cannot have a meaningful vote on the terms of our withdrawal unless it comes before we leave the European Union. Nothing said from the Government Dispatch Box today or at any other time has committed us to ensuring that we have that vote before we leave.

The Minister of State, Ministry of Justice, who is no longer in his place, talked about time. The reason for the third part of article 50 allowing for an extension is so that people can extend the time if they run out of time to make the practical arrangements for a country’s withdrawal from the European Union. With all due respect to the Minister and his seven years as a Foreign Office lawyer, or whatever his experience, we do not know, unless we ask the question, whether we will be able to get the extension provided for in that article. It is pure speculation on his part to suggest that, somehow, if we run out of time by 29 March 2018, our EU partners will not be reasonable enough to grant us the time to follow the correct procedures in this Parliament.

In a way, my final point was made just now by the hon. Member for Eddisbury (Antoinette Sandbach). We have a duty as legislators to properly scrutinise things that come before us. We will not be forgiven by future generations—of course, many of these people did not vote for us to leave the European Union—unless we scrutinise what the Government are doing to ensure that we get the best deal for these people. Of course, there are many issues that weigh on our shoulders. Everybody here will say they are acting in the national interest, and they act on behalf of their constituents, but let us be honest: there are other issues that always play on people’s minds. How will this affect me and my political journey? How will it affect my party? However, the hon. Lady was absolutely right: this is one of those moments when we have to do the right thing by the country—and nothing else.

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[Mr Baron]

The hon. Gentleman is absolutely right. We are trying to negotiate a good deal, but it takes two to tango. The amendment leaves open the door for the other side not to try to negotiate a good deal, knowing that it could drag out the negotiations and therefore prevent, at least until this Parliament were to accept the deal, our leaving the EU. If that was the case—

[Antoinette Sandbach]

Will my hon. Friend give way?

[Mr Baron]

I will in a second if I can just finish my point.

If that was the case, it would be an outrage with regard to the result of the EU referendum, in which over 17 million people voted to leave with the best possible deal. Those 17 million people had no third option on the ballot paper. There was not an option of staying in a semi-permanent state of negotiating limbo while talks progressed over a period of months and maybe years; it was a very clear yes or no. In addition, such a limbo—

[Antoinette Sandbach]

Will my hon. Friend give way?

[Mr Baron]

In a second; I will tell my hon. Friend when I am ready.

Such a limbo would not be business-friendly as it would continue to create uncertainty when business wants certainty on a deal for making investment decisions. I now give way to my hon. Friend.

[Antoinette Sandbach]

I am slightly confused by the point that my hon. Friend is making. I thought that taking back control meant taking back control to this Parliament, but that is clearly not his argument. In fact, he almost seems to distrust parliamentarians, despite the fact that we voted for the referendum and to trigger article 50.

[Mr Baron]

I can help my hon. Friend with her confusion, because the point is very simple. If an amendment suggests that the option is left open for the other side in any negotiation not to negotiate in good faith, so that this Parliament does not sanction the deal because it is not a good deal, that will delay our exit. It is very straightforward. It takes two to tango in a negotiation. I suggest that she reflects on that.

While most of us want a deal, those who criticise the Prime Minister’s position that no deal is better than a bad deal create a series of straw men to support their case. The term “no deal” itself is something of a misnomer, because it creates the idea of some sort of cliff edge. Nothing could be further from the truth. Trade flows regardless of trade deals. The UK would simply revert to using the same WTO rules that govern its trade with countries such as the United States, China, Australia, New Zealand and Brazil—hardly unimportant countries.

As for the trade deals themselves, the next straw man is the suggestion that the UK would find it difficult to negotiate them in sufficient time. If Australia can negotiate trade deals with China, South Korea and Japan within 18 months, there is no reason why the UK cannot do likewise. If anything, a trade deal with the EU will be easy to negotiate because many of the trade barriers have already been removed.

The suggestion that inward investment would suffer without a trade deal is another straw man. That is to ignore the fact that investment is about relative advantage, as anybody who has worked in the City or in industry will understand. Our much lower corporation tax rates, our more flexible labour market practices and policies, the strength of our R and D and science, our language and our time zone more than compensate for having to pay an average WTO tariff of 3% to 5%, particularly given that the currency has already depreciated.

Tonight I will be supporting the Government and rejecting amendment 7. The Prime Minister has been very clear that we will be leaving the EU—that includes the customs union and the single market—in March 2019, and that the European Court of Justice will have no further jurisdiction over British law. I support the stance that no deal is better than a bad deal, and that nothing is agreed until everything is agreed. That includes any proposed financial settlement.

My final point is that there is another reason why I support the Government, and it relates to trust. We are not privy to the ups and downs or the ins and outs of the negotiations, so one has to make a judgment as to whether the individuals concerned are honourable. I believe the Prime Minister to be honourable in what she has said. Having known the Ministers involved for many years, I also trust them to deliver the best possible deal. I suggest that those who support proposals such as amendment 7 should trust the EU a little less and their own Government a little more. Our Government have, after all, made concessions in good faith.

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I say this to the Conservative rebels here tonight. I have broken the Whip of my own party only once since entering this place 12 and a half years ago. That was on the decision to trigger article 50, which I voted against because I knew the Government did not have their negotiating ducks in a row—and how right I have been proved on that. My message to the Tory rebels tonight is: “Take no lessons from serial rebels on your own side. They have their principles, you have yours, no less dearly held and deeply felt. Stand by those principles and the silent majority of your constituents will stand by you. More importantly, you will be able to look yourself in the mirror and say, ‘I did what I thought was best.’” This is not about party politics. It is about the national interest. This place is not a rubber-stamp. We are not nodding donkeys to nod stuff through. We want a meaningful vote. I for one will be proud to walk with you through the Lobby tonight.

[Antoinette Sandbach]

Throughout the referendum campaign, leave campaigners spoke about taking back control, and it was seemingly a powerful message that resonated with the electorate. There is no doubt that the message, which was one of the crucial undertones of the campaign, meant bringing powers back to this Parliament, not to the Executive. That is why amendment 7 is so crucial.

It may be stating the obvious, but it cannot be reiterated enough that the Government are presiding over a monumental task of immense importance for the future of this country. In any such change, it is imperative that Parliament maintains close scrutiny and oversight of the process—of all aspects of the withdrawal agreement, from security co-operation to ease of trade with our European partners—so that we, as Members of Parliament, can best represent our constituents. These aspects must be scrutinised and debated by this House. If we are not given a say on that detail, we cannot fulfil our responsibilities to our constituents, and those responsibilities are the most motivating factor behind my support for a meaningful vote on the deal.

Clause 9 provides sweeping powers to the Government to deal with some residual situation, as the Minister described it, that he would like to retain control over. I am afraid that I am not willing to vote to give away the parliamentary sovereignty that I exercise on behalf of my constituents for some residual control to the Executive. If the Minister needs that power in relation to the withdrawal Bill, he needs to come back to this House and ask for it and explain why. I am afraid I found his explanation at the Dispatch Box today utterly unconvincing. Although I am grateful for the indication he has given about Report stage, unless that amendment is submitted in manuscript now, or amendment 7 is accepted, I will vote for amendment 7 tonight.

We have been pushing discussions with this Government for weeks and we have made our point very clear. I fully back the Prime Minister. I support her in trying to get the best deal for Britain, but I will not give away parliamentary sovereignty to the Executive on the basis of a request for them to have residual powers in this Bill.

[Stephen Kinnock]

I rise to support the—