Legislating for the Withdrawal Agreement

Chris Bryant Excerpts

Monday 10th September 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for Exiting the European Union (Suella Braverman)]

I beg to move,

That this House has considered legislating for the withdrawal agreement.

It is a great pleasure to open this debate. The Government published the White Paper on legislating for the withdrawal agreement in July, and the Secretary of State made a statement subsequently. Over the summer, we have made further progress in the negotiations, and the vast majority of the withdrawal agreement has now been agreed. Progress has been made across a range of outstanding separation issues. At the same time, we continue to work on backstop arrangements to deal with issues relating to the border between Northern Ireland and Ireland. Let me reiterate: it is unacceptable for a customs border to be drawn along the Irish sea, as that would be a direct threat to the territorial integrity of this country.

[Chris Bryant (Rhondda) (Lab)]

On borders, can the Minister enlighten us? What passport queues will British citizens arriving in France, Germany and Spain next year use—EU ones or non-EU ones—and what passport queues will EU citizens use coming into the UK?

[Suella Braverman]

As the hon. Gentleman will hear in my speech, we are proposing an implementation period from March 2019 until the end of 2020 under which our immigration and customs rules will continue to operate broadly as they do now. I hope that that satisfies him.

[Chris Bryant]

rose—

[Suella Braverman]

I will make some progress, and if the hon. Gentleman still has outstanding questions, he can raise them with me later.

The House will be aware that the Government have also taken steps to prepare for the unlikely event of being unable to reach a deal with the EU and have published a series of technical notices to inform people, businesses and stakeholders of the steps they would need to take in this event. We do not want a no deal outcome; the Government’s priority is to achieve a deal with the EU, and I remain confident that a deal that the House can support is within our reach. That is what I am here to discuss today.

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[Suella Braverman]

Characteristically, the right hon. Gentleman seeks to focus on the negatives and on the pessimistic view of Brexit for which he is well known. I do not sign up to his view of Brexit; I am very optimistic about the opportunities and the benefits that this country will stand to gain after we leave the EU and after the implementation period. I encourage him to put his pessimism aside and to get behind British businesses, to get behind British exporters and to get behind Britain.

[Chris Bryant]

Will the Minister get behind me? We are almost running out of time.

[Suella Braverman]

All right.

[Chris Bryant]

The Minister has just suggested that we might not end up paying the bill that has already been agreed, because nothing is agreed until everything is agreed. That therefore means there is no guarantee that there will be a transition period from next year. It also means that the Government must surely have some idea about which passport controls British citizens will use in Europe and which passport controls European citizens will use here. If not, they are completely irresponsible.

[Suella Braverman]

I admire the hon. Gentleman’s doggedness and his interest in passport queues. That information will be made public and will be set out by the Government in due course.

When it comes to the agreement, of course both sides are entering into an international treaty. Under customary international law, and under the convention that regulates international treaties, both parties will be bound by the duties to which they sign up. If one party fails to adhere to its obligations, the other party will have legal freedom to take appropriate countermeasures, which is what the UK retains in this international treaty negotiation. Both sides are committed to agreeing the framework of the future relationship alongside the withdrawal agreement, but it is our firm view that the withdrawal agreement itself must include a commitment requiring the framework for the future relationship to be translated into legal text as soon as possible. I am pleased that is now something we are taking forward in the negotiations, and the Secretary of State for Exiting the European Union has raised this issue personally with Mr Barnier.

I hope that I have made it clear today that the withdrawal agreement Bill is vital in delivering our exit from the EU. It will protect the rights of individuals and families, give effect to the time-limited implementation period, ensuring continuity and certainty for businesses, and provide the appropriate means for paying the financial settlement.

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[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

It is a pleasure to take part in this debate, and I very much welcome the fact that we are having it.

I suspect that many right hon. and hon. Members, particularly those who took part in its Committee stage, will share my view that the year-long passage of the European Union (Withdrawal) Act 2018 was perhaps the most demanding legislative exercise that Parliament has undertaken in recent decades. The process of overlaying and amending that byzantine piece of legislation with the proposed EU withdrawal agreement Bill will be equally, if not more, complicated and onerous. That is why we welcome the publication of the White Paper before the summer recess and the opportunity for further debate today on the Government’s early expectations for that Bill.

I want to touch on three distinct issues. The first is the relationship between the proposed Bill and the recently enacted European Union (Withdrawal) Act. The second is what is not covered in the White Paper: the parts of the withdrawal agreement that remain unresolved but which will need to be resolved if we are to avoid crashing out of the EU with no deal, which would be the hardest and most damaging of departures. The third is the political declaration on the future framework and the type of document that the Opposition believe will be required for Parliament to make an informed judgment about whether the final deal should be supported.

I know that many Members want to contribute, so I do not intend to cover all the parts of the withdrawal agreement made at the March European Council, such as the negotiated financial settlement or the issue of citizens’ rights, which the Minister touched on. We will, of course, fully scrutinise the Bill as it applies to those issues when it is published and the technical details become clear.

[Chris Bryant]

There is an issue there, is there not? Drafting legislation normally takes time. There are only so many draftsmen and women in this country, and they tend to take their time. Even a very simple Bill can take months to draft. The idea that we would consider a Bill only days after the negotiation had been settled is for the birds, is it not? It is inconceivable that we will get legislation through both Houses before the end of March.

[Matthew Pennycook]

My hon. Friend makes a good point. It will be difficult, which is why it is imperative that the Government bring back a negotiated agreement at the earliest opportunity. I hope that Ministers will confirm that it remains the Government’s intention to do so after the October EU summit. If the passage of the withdrawal Act is anything to go by, the Bill may be in trouble time-wise.

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[Colin Clark]

I could not agree more. The UK’s aim of a deep and comprehensive trade agreement is a matter of degree, not principle, so this is surmountable.

[Chris Bryant]

But Mr Barnier’s comment is just a statement of the bleedin’ obvious, because of course the outcome will be different from anything there has ever been before because nobody has ever left the EU before. I do not think anybody should get over-excited by some mistranslated words from Michel Barnier.

[Colin Clark]

I thank the hon. Gentleman for his intervention, and I am glad he was intervening on the intervention on me.

We are either inside or outside the single market. Pragmatism shows derogations are possible, and in the latter case there have been many concessions. So is it in or out? The British people voted out; they expect us to deliver, not drive them into a cul-de-sac.

The EU has a record of FTAs—off-the-shelf agreements based on international trading rules that could protect the EU and UK industry and jobs, and that is paramount in what I want to see from this process. But without article 50 and £39 billion focusing EU negotiations, we cannot revisit this; we have to get it right the first time. The impediments are not insurmountable; we should stick to the transition timetable laid out in the withdrawal agreement, with a clear framework.

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[Rachel Maclean (Redditch) (Con)]

It is a great pleasure to follow the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards). I rise to speak about this issue from the point of view of the people of Redditch, who are always at the forefront of my mind in this place. I remember clearly the expression of their sovereign desire to leave the EU, which they expressed in the referendum with 62% in favour of leaving. I have not found anyone in Redditch who has changed their mind during the ensuing period, even though we have been grappling with a series of extremely difficult and complicated technical issues.

We spend a lot of time in this place dealing with incredibly complex legislation, some of which has been eloquently explained tonight by hon. Members on both sides of the House. However, my constituents always come back to talking about three basic things. They voted to leave the European Union in those numbers because they wanted to take back control of their money, their borders and their laws. That brings me to something that we have not heard mentioned at all tonight. It is something that is very hard to put into figures, and it is called sovereignty. It is an emotional concept for people in my constituency and in constituencies across the United Kingdom, including Hartlepool, which we heard about earlier.

People in Redditch and across the midlands are very level-headed. They know very well that we are reliant on jobs in the manufacturing industry and in the supply chain. The excellent Mayor of the West Midlands, Andy Street, makes this point on a regular basis. I declare an interest in that I helped him to win that election, and I am very proud that I did so. He is a businessman, and he understands the need for a deal so that those jobs can be protected. I also understand that very clearly from the businesses in my constituency, including GKN and a number of other businesses, large and small.

I come back to a point that I have made before in this House, which is that we are sometimes misled by listening to the voice of the very large corporate businesses and failing to heed the voices of the small and medium-sized enterprises. I know those SMEs intimately, because I ran one for 26 years before I came to this place. I can tell the House that there are many things that stand in the way of businesses. They face obstacles every single day as they grapple with trading conditions, whether at home or around the world. The great genius of our British entrepreneurs is that they are able to turn those obstacles into challenges and to innovate and be entrepreneurial. They are able to seize the opportunities that are provided by any state of affairs or economic situation that they face. That is why we have such a thriving and dynamic economy in this country, and why we have given rise to some of the best businesses in the world.

I asked the Minister earlier whether she believed we would be in a position to take advantage of the 90% of trade outside our European borders in the future, and she assured me that we would be in a position to start signing those deals and that we would shortly be able to move quickly to ratify them. That is why I welcome this withdrawal agreement. We have all been calling for certainty and clarity; I hear it from my constituents in the business sector all the time. This agreement will start to put in place some of the things that we have been calling for. It is not perfect, of course; there have been vigorous debates on these subjects and they will continue.

When I think about being the Prime Minister, I think, “My goodness me! Who would want to do her job?” At the end of the day, she just cannot win, can she? She cannot ever please everybody, either on our side or on the other side of the House, or in the country. We had a vote in which some people voted to stay and some people voted to leave, so she is never going to be able to please anybody. However, I hear people in Redditch saying, “Good on her. She is just getting on with it. She is facing down criticism on all sides.”

[Chris Bryant]

The thing is that the Prime Minister will have to please more than half the Members of this House. If she does not do so, she will not have an agreement, the whole thing will fall apart and she will be done for, won’t she?

[Rachel Maclean]

I have absolute confidence that the Prime Minister will continue to do what she is doing, and I for one certainly support her. If she can bring back a deal that is in the interests of my constituents, I will support her. I take heart from the way in which she has been able to make such significant progress in the face of all the criticism and of people saying, “You won’t be able to get this far. You won’t be able to make a deal. You won’t be able to settle these incredibly complicated issues. You won’t be able to unpick all these decades of agreements.” But actually, she has. She went to Africa over the summer and, again, she was in a position where she was damned if she did and damned if she didn’t. She was faced with people demonstrating their dancing skills. If she had not joined in, everyone would have said, “Oh, that’s terrible. She’s awful. She isn’t spontaneous.” What did she do? She got stuck in, and she got so much admiration from people for her dancing skills. I really think she should be on “Strictly Come Dancing”, and I would certainly vote for her to do that.

[Chris Bryant]

I think the Prime Minister would probably have to leave the House if she went on “Strictly”, so the hon. Lady would be voting for her to leave office.

[Rachel Maclean]

I thank the hon. Gentleman for his point. I hope that he will take my comments in the spirit in which they were intended; they were somewhat light-hearted. Of course I would not wish the Prime Minister to leave the House. I want her to get a great deal and to enable us to leave the European Union. I hope that the hon. Gentleman will see that I have put that on record.

[Chris Bryant]

It takes two to tango.

[Rachel Maclean]

It certainly does, but the hon. Gentleman is making me lose my place.

I shall return to the negotiations, where we have seen considerable progress not only on the business-related issues that I have referred to but on the question of European citizens.

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[Rachel Maclean]

I thank my hon. Friend greatly for that intervention. If we all embrace the optimism that he has just demonstrated, I am certain that we can do some great deals in the interests of the British people and of Redditch.

I return to my point about the status of EU citizens. It is a matter of great concern. We all have EU citizens in our constituencies. I have been approached by EU citizens who live in Redditch, such as those who work at the Alexandra Hospital in Redditch, and we rely upon them to deliver the caring services that we can all need. That is why I welcome the details already set out in the withdrawal agreement, but there is more work to be done on that and we must ensure that the processes are working properly and that people get the security they need to be able to stay in our country, because that is exactly what we want. As my hon. Friend the Member for North East Somerset (Mr Rees-Mogg) said, we invited people to come from the EU, and they have contributed and we want them to stay.

My final point is about women and Brexit. I am a proud feminist and agree with campaigners on many issues, but I cannot bring myself to agree with the suggestion by some notable feminist campaigners over the weekend that women do not want to leave the EU. Newsflash: women are able to make their minds up based on the issue, not their body parts. We are able to consider an issue without basing it on our gender. Amazingly enough, I feel entitled to say that because I am in a minority in this House. I have some hon. Friends on my side who are also women. I do not have any on the other side at the minute. I actually do want to leave the EU, and I am a woman, but I recognise that I do not speak for all women—women, just like men, will have a variety of opinions. However, to try to say that all women do not want to leave the EU is a lot of nonsense that I utterly refute.

[Chris Bryant]

Who said that?

[Rachel Maclean]

The hon. Gentleman is speaking from a sedentary position, and I am going to conclude my remarks. This Government have done more for women since being in office in terms of bringing women into work, strengthening women’s rights, bringing in policies that support women back into the workplace, such as on childcare, and a whole raft of other issues. I put it on the record that I refute that ridiculous stance about women and Brexit, which should be rejected out of hand.

In summary, I of course have some questions about the withdrawal agreement. Naturally, I expect to scrutinise the final deal that is brought back in great detail, as any Member should. I would not like to see us spend hard-earned taxpayers’ money—the £39 billion or whatever it is—unless we get something good in return. That is absolutely essential, and I would not be doing my job and would be failing my constituents if I did not hold the Government to account on that. In the negotiations so far, we have demonstrated to our international partners that we are a reliable negotiator and that we can be trusted to keep our promises, and we are sending out a signal so that they can come back and negotiate with us. That is how we will continue to build the scaffolding to deliver on the will of the people and their sovereign desire to leave the EU.

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[Chris Bryant (Rhondda) (Lab)]

It is enormous delight to follow the hon. Member for Stirling (Stephen Kerr). One of my earliest memories is of dancing the highland fling in Stirling castle many, many moons ago. That is a dance, of course, that can be done entirely on one’s own. The trouble is that, as with most dances, when it comes to Europe, it is not just a question of it takes two to tango; there are 27 other member states, plus the Commission, let alone the negotiations that have to be done in this House and in Parliament.

I find this really difficult because I think that this country is making a monumental mistake. We are cutting off our nose to spite our face, sticking a pen in our eye—I do not know how to describe it. I just think that it is a monumental mistake that will be catastrophic for our future relations with other countries and for the trade that we do with other countries. All the new trade that we are talking about with all these other countries does not add up to the trade that we do with France and Germany. And that will continue to be the case in the future. It is especially true for Wales, whose single biggest trading country is not the United States of America, Australia, or any of these countries in Africa or Latin America; it is Germany.

I worry that this country is perpetrating an enormous own goal. Of course, I know that people voted for it, but I think that it is a massive distraction. My constituents in the Rhondda do not want me to be debating this tonight. They want us to be debating: why people who work 40 hours a week still might not be able to put enough food on the table for their children to be able to eat; why children from poor backgrounds still do not have the same opportunities as children from rich areas of the country; and why on earth Westminster manages to get vast amounts of money from the Government to subsidise its council tax, whereas Rhondda Cynon Taf gets barely a penny. Those are the things that my constituents are worried about. They are worried about their jobs, whether there will be houses for their children and what the future holds. I honestly think that they just see all this as a massive distraction.

I feel so angry with David Cameron, because in the end he appeased the far right in this country. Of course, lots of people are always tempted by appeasement of the far right, because it makes a lot of noise. Historically, there has always been a temptation to say, “Yes, all right, we’ll give you a little bit of ground and try to quieten you.” But, actually, the message that we have known for centuries is that if we try to appease somebody, all they do is consume us. That is exactly what happened to David Cameron and that is why we had the referendum in the first place.

I also worry that the Labour party sometimes wants to do similarly. We do not call it appeasement, of course; we call it triangulation. We used to say, “The Tories are massively Eurosceptic and the Liberal Democrats are ludicrously pro-European, but we are the sane, sensible people going down the middle.” But if we triangulate in politics, all we actually do is give up on our own values and principles and surrender a piece of political territory to somebody else. So I say sorry to the Liberal Democrats; I warn hon. Members, I will not say that very often.

I enormously respect how people voted, including in my own constituency, but I have no respect whatever for the people who lied to the country in the referendum. I am not saying that the remain campaign was pure—far from it. It tried to rely on fear far too often and created bogeymen who never really existed. But the lies on the leave side were just spectacular.

“Absolutely nobody is talking about threatening our place in the single market”,

said Daniel Hannan, and now we have heard countless Government Members and the Prime Minister say, “Oh no, everybody voted to leave the single market.” Well, which was the truth?

We were told, “Turkey is joining the European Union and we cannot prevent it.” There is no prospect of Turkey joining the European Union. We were told, “We can get net migration down to the tens of thousands,” as if to suggest that the European Union provided more of the net migration than the rest of the world—that even with all the rules that were brought in in 2010 curtailing migration visas for families, for people bringing in their spouses and all the rest of it from outside the European Union, the number of people coming by those routes, where we have complete control, was still higher than the hundreds of thousands. It was a completely fallacious argument, and, again, part of the appeasement of the far right.

We were told, “Health tourism costs us billions in the European Union.” There is absolutely no evidence for this whatsoever. Indeed, Spanish politicians will say, “Actually, there is quite a lot of health tourism from the UK to Spain.” That has yet to be sorted out. “The Irish border will be unaffected,” we were told. This is the bit I really do not understand. How can we take control of our borders if we do not have border controls? That is basically what the Government are trying to work out. They have been pursuing that unicorn for quite a while now, and I suspect that they will still be pursuing it when we get to Christmas and they start looking for Father Christmas instead.

We were told:

“There will be no downside to Brexit, only a considerable upside.”

Yet every single estimate that the Government have made has shown that they know that there will be considerable downsides to Brexit. They may argue that there are upsides as well, but nobody in the Government is arguing that there will be no downsides. We were told, “Every single penny that Wales gets from the European Union will be guaranteed by the Government.” We still have to hear anything about providing that amount of money for Wales.

It is not just lies, though—some of the comments were just delusional:

“The day after we vote to leave”

a Cabinet member said,

“we hold all the cards and we can choose the path we want.”

That is not quite how it has worked out over the past two years, is it? We were told:

“Getting out of the EU can be quick and easy—the UK holds most of the cards.”

We were told:

“The free trade agreement that we will have to do with the European Union should be one of the easiest in human history”,

yet there is still no prospect of anything of the kind. The Government said:

“We’re not really interested in a transition deal, but we’ll consider one to be kind to the EU.”

Yet only weeks after they made that statement, the UK suddenly realised that we were in real danger of a completely chaotic collapse out of the European Union and went begging to the EU for a transition. Finally, we were told that the UK would owe no money to the European Union after it left in March 2019. Yet we know perfectly well, as even the Minister has admitted today, that we have debts and we will end up having to pay them.

I mention all those things because I think that when we triggered article 50, we were far, far too precipitous. The Government had no idea of what they wanted to get out of the negotiations; they had not even started the process of putting together their negotiating strategy. [Interruption.] That is why I voted against triggering article 50, before the Minister says anything. At the time, I said, “I realise that this is the opposite of the way that my constituents have voted, but in honesty I can only vote according to my conscience. I believe that this will be bad for my constituents, and if they choose to throw me out at the next general election, then I’ll have to live with it.” I had not quite expected that the next general election would be six weeks later, but I doubled my majority, so all is well that ends well, I suppose.

The problem remains for us that there is not then much in the Venn diagram. If we want to make a Venn diagram of what the European Union treaties will allow, what the ERG grouping within the Conservative party will allow, what sane and sensible members of the Conservative party and the Conservative Government will allow, what the Labour party will vote for and what Parliament will vote for, there is simply no space in the middle. That is why Opposition Members who are remainers keep on saying that the danger of no deal—and a chaotic no deal at that—is very real. That is why I ask questions of the Minister. I have asked two Ministers now about something that every single British holidaymaker or businessman or woman who has to work elsewhere in the European Union fully understands: which passport queue—the British people know all about queuing—will we get in when we arrive in France, Germany, Spain or Greece next year? It is a very simple question, and so far, no Minister has an answer.

The attempt at an answer that was provided earlier by the Under-Secretary of State for Exiting the European Union, the hon. Member for Fareham (Suella Braverman), is useless. It just does not wash—as she perfectly well knows, which is why she is smiling so elegantly—because nothing is agreed until everything is agreed. There is no transition period until we have agreed all three different stages of what we have to go through. That is why the Government should have a policy now on where British passport holders will queue when they arrive in other countries of the European Union next year and where EU citizens will queue when they come here, because someone will have to start recruiting passport officers to staff those control points.

One thing that particularly bewilders me about the way that the Government are choosing to do their business is that, yet again, we are debating a theoretical Bill—a piece of legislation that does not exist. Of course, the Under-Secretary of State for Exiting the European Union, the hon. Member for Worcester (Mr Walker), is sucking his pen and thinking, “Well, that’s always the basis when you have a White Paper.” That is true, but this is a very theoretical Bill. There is no certainty that there will be such a Bill. There is no certainty about what will be in it. The White Paper even admits that the Government have referred to some things but are not yet certain whether other things will be included.

The Government’s chosen course of action in relation to residence rights is quite disturbing. I suspect that we will have an immigration Bill at some point. If this country is leaving the European Union, we will have to have a new immigration policy. Unless I have missed it, we still have not even had a White Paper on an immigration Bill. The Government, as far as I understand it, have no policy at the moment on what our future immigration rules should be.

When making very significant changes to the way that we conduct our business that affect thousands if not hundreds of thousands of people living in this country and our citizens, it is a mistake to rely on secondary legislation. But that is precisely what this White Paper says we will do in relation to residence rights. Government Members will say, “Oh yes, but we have been doing that ever since 1971 when we changed our immigration rules,” but I think that that has been a mistake. It was a mistake in 2010, for instance, only on the back of secondary legislation, to change the rules on visas for spouses by increasing the amount of money someone has to earn in the UK to £18,600. That was not understood by the vast majority of people. I think that if that had been put to the House in primary legislation, it would not have been carried.

It is a phenomenal mistake, therefore, to use secondary legislation to go down this course—especially since in the past, the whole premise of secondary legislation was that if the Leader of the Opposition or a significant number of people in the House prayed against a statutory instrument, there would be, in proper time, a debate and a vote in the Chamber of the House of Commons, but in recent years, the Government have repeatedly refused to provide that, and on very significant issues. If the Government intend to change the rules on residence rights for EU citizens in the UK by an SI later this year, I certainly will not support them, and I will point out time and again that government happens by consent, and a Government do not gain consent by sneaking things in through the back door.

I have one final point to make, which is about the timetable. I honestly think that the Government are leaving all of this far, far too late. I return to the point about government by consent. A Government have to take the people with them, and they have to make sure that the legislation is in good nick, preferably before it is presented to the House and certainly before it ends up becoming law. However, I am guessing that everybody has now given up on October as the date for the negotiation to end. It looks as though Michel Barnier has done so. The EU is now proposing 13 November for a special summit meeting, as I note from the media today, and I guess we may then have a meaningful vote. I use the term “meaningful vote” advisedly. I do not know how we can have a meaningful vote under the terms of the withdrawal Act, because all the motion will say is that this House has noted the fact that there has been a debate, and if hon. Members vote against that, it will have no meaning whatsoever. Let us say that the meaningful vote is perhaps on 20 or 21 November, because the Government will want to get their ducks in a row, but as has happened quite often, that may be delayed—perhaps to the last week in November.

On the back of that, legislation will have to be drafted to implement the deal. I have never—never once—known a Bill of the extent we are talking about being drafted by parliamentary draftspeople in less than six months, even on things that really mattered, so I suspect that that will be a tall order. I suspect the Minister will stand up and say, “Oh, no. We’ve got all of this written out. It is just a question of crossing some bits out and putting some other bits in. It’s going to be dead easy. We will be able to produce a Bill, following the negotiation day and after the meaningful vote, within a week.” I doubt it, but perhaps that is what he is going to say.

Let us say that that means First Reading is in December. We cannot have Second Reading on the same day as First Reading, unless a motion of the House is carried to that effect, and I think that would be a dodgy business because hon. Members would not have been able to see the Bill before we started talking about it. I therefore presume that Second Reading is very unlikely before Christmas. Will there be a Report stage—sorry, a Committee stage—of 10 working days? I cannot believe we will devote all of January to a single piece of business, so the legislation may be out of the House of Commons by 14 February—maybe, but I suggest that is a tall order for such a piece of legislation. It will then go to the House of Lords, where the Government cannot control the timetable at all. The only bit of the timetable they can control is when Parliament prorogues and the whole lot is lost.

The point is that there is no prospect at all of getting this legislation in place between mid-November and the end of March—absolutely no prospect whatsoever—unless the Government are going to use every trick in the book to make sure we cannot have proper debates or end up with proper legislation. In other words, they will have to shove as much as they can through in secondary legislation and allow barely enough time to get through proper amendments in this Chamber, let alone in the House of Lords, with the single threat of the sword of Damocles hanging over everybody. I just cannot see it happening.

I will end with the hon. Member for Stirling.

[Tom Brake]

The hon. Gentleman is coming to the end of his speech, but I thought he was building up to suggesting that the Government should at this stage start engaging in informal discussions with all 27 EU countries about the need to extend article 50.

[Chris Bryant]

I do not doubt for a single instant that the Government have already started doing so—I am certain of it—and if they have not done so, they are in doolallyland. They should certainly be getting on with that. It was crazy to have started article 50, but it would be even crazier to stick with that date if they cannot produce proper legislation so that there is legal certainty in the United Kingdom.

The Prime Minister has gone several rounds with the English language, given all her sentences such as “Brexit means Brexit” and “No deal is better than a bad deal”, when no deal is actually the worst possible kind of deal we could possibly end up with. In her first letter to Donald Tusk, she herself said that, if there is no deal on everything, there is no deal on security. She therefore knows perfectly well that, if there is no deal, she is—we are—compromising the security of this country and of other countries in the European Union.

The Prime Minister knows that the Chequers deal is dead—it is not going anywhere. She would be better off tabling a motion on the Chequers deal, for us to debate the moment we get back in October and discover that there is no majority for it in this Chamber. That is one of the reasons there will be no deal. I suspect that in the end she will be begging Parliament for a people’s vote, so that the people can decide the right outcome for us all.

The hon. Member for Stirling expressed enormous respect and admiration for the Prime Minister, as did the hon. Member for Redditch (Rachel Maclean)—it is great to see her back in her place; waving, not drowning. I honestly think that the real disaster of this Prime Minister is that she knows perfectly well in her heart of hearts that this will damage Britain. No Prime Minister has ever brought to this House a project that they themselves did not even believe in. That, in the end, is why I believe this will prove to be the greatest catastrophe we have ever engaged in.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call Vicky Ford.

[Vicky Ford (Chelmsford) (Con)]

I am sorry, Madam Deputy Speaker, I did not hear your dulcet, quiet tones, after the hon. Member for Rhondda (Chris Bryant) left us so full of hope and optimism. It is a great pleasure to follow him, of course.

As I have said many times before, we are engaged in the most challenging negotiations of a generation. It should come as no surprise that the legislation that goes with it is extremely complex and challenging. The coming weeks and months will be crucial. The negotiations will intensify as they reach their conclusion, and so too must our work here. I believe that the vast majority of people in the UK and across the EU want to find a pragmatic and amicable long-term relationship. However, as I have said many times since the referendum, some politicians, in this country and elsewhere, will seek to disrupt that for their own political gain, because some will benefit politically from chaos. We must avoid that.

Some of the Members who have spoken tonight have made objections on technical and ideological grounds, but for many people these decisions are not just technical; they will have a real and direct impact. I am thinking, in particular, of those affected by the citizens’ rights issues, whether EU citizens living in my constituency of Chelmsford, or UK citizens living elsewhere in the EU. I am reminded that today is Gibraltar Day. The citizens of Gibraltar of course need the withdrawal agreement to be stable. Finding a solution to these issues is vital. That is why I welcome the extra pace and energy of the team at the Department for Exiting the European Union, and why legislating for the withdrawal agreement is so crucial.

I voted to remain, but I do not see how a second referendum would solve these complex issues. It would risk undermining the confidence that people put in politicians, because we did tell them that it was their choice. I also think that some of those who are lobbying for a second referendum have not thought about the complex political situations in many other European countries at this time, especially in the run-up to the next European elections. It is right to try to close as much of these negotiations as possible before those elections, when many of the people on the other side of the negotiating table will change. In order to agree the terms of withdrawal, we also need clarity on the long-term arrangement, which is why the future framework decisions also need to be agreed.

Let me remind the House of the different options. First, a no-deal Brexit would bring many uncertainties. As we saw in the paperwork released over the summer, it is absolutely right that the Government endeavour to mitigate some of those uncertainties, but it is certainly not the preferred solution. Secondly, a Norway-style relationship, staying in the single market and the customs union, would bring huge challenges, as I know from my own experience. One challenge would be needing to keep the free movement rules, which were such a major issue to many voters in the referendum. The other big challenge is being a rule taker, especially on very sensitive issues such as fishing, farming and financial services, areas where, in my experience in Europe, there was often a great difference of approach.

Thirdly, the Canada-style free trade agreement, Canada-plus-plus-plus-plus-plus, may sound quite attractive, but the EU negotiators simply are not offering us that. They may offer us a free trade agreement, but only for England, Wales and Scotland, leaving a different arrangement for Northern Ireland that puts the border in the Irish sea. I was in Northern Ireland on Friday and Saturday. It is very clear how many people are becoming extremely frustrated by the void that has been left by not having any local decision making. So many decisions have been put on hold: not just Brexit decisions, but decisions on health, education and projects for new roads. These projects have been fundamentally agreed, but not signed off. I believe in the Union. I believe in the United Kingdom. If we want to keep our country together, we should not underestimate the sensitivities of Northern Ireland at this time and the importance of finding a solution. It has to be a solution that works for all of the UK, while respecting the Good Friday agreement.

We therefore have to find a fourth way, which is what the Government have now agreed in great detail in the White Paper, Chequers and in many other papers since, and what they have gone in to negotiate. Unlike many other speakers tonight, I am not going to start pulling the Chequers agreement to pieces, because we are one country negotiating with 27 other countries. It may not be perfect in every detail, but it has very, very, very many details that have been widely welcomed by many of the companies, businesses, people and individuals affected by those details.

[Chris Bryant]

rose—

[Vicky Ford]

Every time—I see an Opposition Member jumping up and down—any one of us on this side of the channel starts pulling our own Government’s negotiating position to pieces without focusing on the details, we create much greater uncertainty for the negotiators on the other side of the table.

[Chris Bryant]

rose—

[Vicky Ford]

No. The hon. Gentleman spoke for long enough. I am not going to take an intervention.

We need to be careful. If we are going to raise points on the White Paper, let us make sure those points are truly valid and not scaremongering. There would be a real issue if we were left rule taking in areas such as financial services, where often we have a different economic balance from other European countries, but the White Paper does not do that. On the three Fs in particular, fishing, farming and financial services, we would not be a rule taker. We would have common rules on goods, but actually all trade deals have some form of common rules on goods. The deeper the trade deal one wants, the more one needs to have a common approach to the goods that go across the border. Europe is our largest trading partner, so presumably we want the deepest trade deal. Eighty per cent. of the rules that are set on the goods across the EU are not set by politicians anyway; they are set by the businesses, as part of the trade between different businesses.

When I think about my eight years in the European Parliament and I think about the number of times the UK and the rest of Europe had a fight about rules affecting a good, I could count those issues on the fingers of my two hands. When I try to then think about the ones we really did come to blows about, I end up with the fight we had over washing-up gloves. Am I really going to try, just because from an ideological point of view I do not want to be a rule taker on goods, to pull down the Government’s entire negotiating position because of some fight we once had about washing-up gloves? Some of the fights and ideological rows about the Chequers White Paper are not based on reality, pragmatism or the experiences that every one of our constituents has when they go out shopping for goods. The clock is ticking. We need a deal with the EU and it needs certainty.

The one thing I would say to Opposition Members is that, if they want to help to create more certainty, can they please be clearer about what their position will be when the Government come back with a deal that follows the broad parameters of the Chequers agreement? If Opposition Members would vote for it, or at least say that they will abstain, it would have a much greater chance of being delivered through the negotiations and creating the certainty that my constituents—all of our constituents—need.

[Jenny Chapman (Darlington) (Lab)]

These events are not the draw they once were perhaps, but every contribution has been brilliantly delivered and it has been an interesting debate, with great contributions. To pick two entirely at random, I single out those from my hon. Friends the Members for East Lothian (Martin Whitfield) and for Rhondda (Chris Bryant). Both of them stood out because they described no deal as something that their constituents would find intolerable. I wonder what message the Minister will glean from this debate, given that the single contribution in favour of the Government’s strategy came from the hon. Member for Chelmsford (Vicky Ford). Perhaps he will say in his speech what messages he will take away from the debate and what changes may be in the offing for the Government’s negotiating position.

[Chris Bryant]

Perhaps he will resign.

[Jenny Chapman]

He is the only one who has not resigned—yet. There is still time.

I remind hon. Members of the contribution from my hon. Friend the Member for Greenwich and Woolwich (Matthew Pennycook), who asked some important questions. I hope that the Minister will reply to them. If the withdrawal and implementation Bill ever sees the light of day, it will be an important measure that sets out our arrangements with the EU for the next two years, providing the legal basis for EU citizens to retain their rights; approving the payment of a large financial settlement with the EU; and putting in place a legally operable backstop in Northern Ireland. The House must have the chance to carefully scrutinise legislation of such importance.

With more than 80% of the withdrawal agreement agreed, the Government’s lawyers will have started to put that into draft UK legislation. There is no reason Parliament cannot see draft clauses now. Pre-legislative scrutiny would provide further certainty for EU citizens, and it would provide for better scrutiny of the legislation. Hopefully that would allow us to avoid the farce of the Government introducing legislation that they have to repeal and amend before its main powers come into force, or the Government trying to railroad Parliament with a raft of widely drawn Henry VIII powers at the final hour.

I was going to say that there is an elephant in the room, but many Members have pointed out that there will be no withdrawal and implementation Bill if there is no withdrawal agreement to implement. It should not be in question, but the Government have mishandled the negotiations and there is great uncertainty with fewer than 40 days to go until the October Council.

Two fundamental stumbling blocks remain. First there is Northern Ireland and the backstop. Both the UK and the EU made a solemn commitment in December to deliver a legally binding backstop that prevents a border with physical infrastructure between Northern Ireland and the Republic of Ireland. I regret to say that a small number of Members believe that this is a problem best ignored. They remain under the illusion that the Irish border is an imagined or exaggerated problem, or that new and uninvented technology will provide an answer. That is not only irresponsible but misunderstands the significance of the open border as the manifestation of peace. It is about identity, not technology. Unfortunately that small group of Members count among their number former members of the Cabinet, including the former Foreign Secretary. That has surely held back any progress in the negotiations.

With just weeks to go, it is time for both sides to work together to reach an agreement that puts into force the backstop agreements made in December and which can command the support of all communities in Northern Ireland. As my hon. Friend the Member for Greenwich and Woolwich argued, it will be easier to reach agreement on the backstop if both sides do not believe it will ever come into force, and if they believe that the future partnership will allow for frictionless trade and a border without physical infrastructure and will be ready to come into force at the end of the transitional arrangement.

That, however, brings us to the second stumbling block in the process of Parliament’s approving the withdrawal agreement: there has been little or no progress on the political declaration on the future relationship—in fact, negotiations have barely begun. The story is one of catastrophic political failure. The Government did not publish a plan until 18 months after triggering article 50, and when it was published, it was a cobbled-together compromise designed first and foremost to keep the Cabinet together—in that, it failed, and the Tory civil war has continued.

Much more importantly, the Chequers proposals have failed to provide a basis for reaching an agreement on the future partnership with the EU. The EU chief negotiator has made it clear that the Commission is fundamentally opposed to two aspects of the proposals: the facilitated customs arrangement, which is a bureaucratic nightmare and threatens to puncture the EU customs union, and the so-called common rulebook, which picks and chooses which bits of the single market the Government want to participate in. There is no indication of a groundswell of opinion among member states against the Commission, and even if there was, a Chequers-style deal would not have the support of this Parliament, as we have clearly seen this evening.

The Chequers proposals do not go anywhere near far enough for the Labour party. The facilitated customs proposals are unworkable and bureaucratic; the enhanced equivalence provisions on services are inadequate and would erect significant barriers to trade; and the non-regression provisions on social and employment protections are weak and could lead to the UK falling behind the highest standards. As we have heard today, it is not acceptable either to large parts of the Tory party, whom the Prime Minister has indulged for too long in their fantasy that they can have a close economic partnership with the EU without any obligations and whom the Prime Minister does not have the political authority to stand up to.

We are now at the most crucial stage of the Brexit process, yet the Government have no credible plan for our future relationship with the EU and no viable solution to the Irish border issue, and there is no majority in the Commons for the Chequers proposals. The Government cannot conduct the final stage of the negotiations without acknowledging this reality. They must go back to the drawing board. They need to come back with a policy that has a chance of achieving a majority in the House and which eliminates the need for a border with physical infrastructure in Northern Ireland. If they do not, they will not get a withdrawal agreement through the House, there will be nothing to implement and they will have failed in the most important set of negotiations this country has faced since the second world war.