UK’s Withdrawal from the EU

Charlie Elphicke Excerpts

Wednesday 27th February 2019 Commons Chamber

[Mr Lidington]

No. As my hon. Friend says, he and I have been debating European matters for about 30 years —time flies when one is enjoying oneself—but I think his criticisms would have force if they were describing a situation that was intended to be permanent. All that is covered in article 4 of the withdrawal agreement are the arrangements that are necessary to govern the winding down of this country’s membership of the European Union and the residual obligations that derive from that over a period of months.

[Charlie Elphicke (Dover) (Con)]

In recent days, a number of statements have been made by several different Ministers that have left me somewhat puzzled about, first, Her Majesty’s Government’s policy and, secondly, the policy on collective responsibility. Is my right hon. Friend able to provide some clarification to assist the House?

[Mr Lidington]

The Government’s policy is what the Prime Minister set out in her statement yesterday and is summarised in the words that I have just spoken. The approach to collective responsibility is set out clearly in the ministerial code.

--- Later in debate ---

[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.