United Kingdom’s Withdrawal from the European Union Debate

Full Debate: Read Full Debate
Department: Attorney General

United Kingdom’s Withdrawal from the European Union

Dominic Raab Excerpts
Friday 29th March 2019

(5 years, 1 month ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Dominic Raab Portrait Dominic Raab (Esher and Walton) (Con)
- Hansard - -

It is a pleasure to follow the hon. Member for Bath (Wera Hobhouse), even though I take a fundamentally different view.

Last November, I resigned from the Cabinet because I could not support the Government’s Brexit deal, and I tell the House that I still believe it to be a bad deal. With the Government purporting to take no deal off the table and their acquiescence in the extension of article 50, I recognise that we potentially now face an even worse alternative that could reverse Brexit and betray our democracy. In extending article 50 and signalling that they were taking WTO exit off the table, the Government rather weakened their own negotiating position in Brussels, and I am afraid heartened some of those in Parliament who are seeking to frustrate Brexit. I believe that decision, which was a choice, was a mistake. As a direct result of that political choice, we now face a very real risk of the UK being forced to accept something akin to single market membership—losing control over our laws, our borders and an independent trade policy.

Meg Hillier Portrait Meg Hillier
- Hansard - - - Excerpts

Will the right hon. Gentleman give way?

Dominic Raab Portrait Dominic Raab
- Hansard - -

I will make a little progress.

The course the Government have taken gives rise to the very real concern that they would acquiesce in a further long extension, which on both sides of the channel would be used to try to exhaust the UK into revoking Brexit altogether. That is something that I believe we must not entertain or allow. In fairness to the Government, I also recognise that they have provided some additional assurances at the domestic level that Northern Ireland will not be forced, alone, to follow EU regulations. That is of some value, although I well appreciate the concerns of those—not just on the Opposition side of the House—who are concerned that those assurances are not contained in the withdrawal agreement and therefore are not binding at the international level. Until we see the Bill, it is impossible to assess the strength of those safeguards.

Beyond those assurances, the unilateral declaration and the joint instrument relating to the exit from the so-called backstop do not change our international obligations. Frankly, they offer scant political comfort either. In all this, however frustrating, I believe we need to proceed with some realism. The choice now is between the risk of being held in the backstop by the EU for a period without being able to control our exit and, on the other hand, a significant risk of losing Brexit altogether. Neither is palatable, and both could have been avoided if the Government had shown the requisite resolve and will.

I appreciate that, for many colleagues, this presents a very finely balanced judgment call. I share the deep frustrations many feel at being presented with two such unsavoury alternatives, but anger is not a political strategy, and in this fast-moving and fluid landscape, I believe we must assess the specific and tangible decision before us at this point in time. The motion today explicitly does not satisfy section 13 of the EU withdrawal Act so it is not, in practice or in law, a third meaningful vote. However—and the right hon. Member for Leeds Central (Hilary Benn) made this point rather well—the vote on its own terms does have significant legal and practical implications. First, it is necessary to satisfy the EU Council decision on 22 March to avoid and indeed prevent the Government returning to the EU to seek an even longer extension. I regard that as essential. The second implication of the motion, by virtue of that, is to avoid the UK holding European elections in May. I regard that as absolutely essential to avoid the very dangerous and corrosive effect on public trust in our democracy.

John Baron Portrait Mr Baron
- Hansard - - - Excerpts

May I urge my right hon. Friend to think again before deciding to change his mind and support what to all intents and purposes is a meaningful vote 3? We do not know what the future holds for sure, but we do know for sure that we can only decide on the facts that are before us, and we know this is a bad deal that could lock the UK indefinitely in a backstop for a very long time. When deciding to vote against Iraq, I, like many others in this place, could only judge it on the facts at the time, not on threats involving weapons of mass destruction. Will he please consider that before he finally makes up his mind?

Dominic Raab Portrait Dominic Raab
- Hansard - -

I always listen attentively to my hon. Friend. He posits the dilemma correctly, and this is a finely balanced judgment of risk. My problem is that I cannot countenance an even longer extension, or holding European elections in May.

The third implication of the motion is that under section 13 of the European Union (Withdrawal) Act 2018, a duly constituted third meaningful vote will have to return to the House for a vote, presumably on Second Reading of the withdrawal and implementation Bill. That will buy the Government a little more time and room for manoeuvre, which in my view they should use to revert to the EU and seek an exchange of letters that can provide legally binding measures that give effect to the Brady amendment. [Interruption.] Some Opposition Members are looking on in disbelief, and I listened carefully to the hon. Member for Hackney South and Shoreditch (Meg Hillier) when she spoke. Why is the EU’s position treated as immutable and unmovable, but the UK is always expected to bend? The House is succumbing to that mindset, which is precisely what led us to this predicament in the first place.

None Portrait Several hon. Members rose—
- Hansard -

Dominic Raab Portrait Dominic Raab
- Hansard - -

I will not give way because of the time.

The risk of a WTO departure is growing because of the position of the EU, as well as what we do in this House. I believe we should continue to collaborate with the EU—not just on aviation and lorries, where progress has been made—and seek to mitigate the risks to jobs, livelihoods and businesses that arise on both sides. That is the responsible thing for all sides to do, and I hope that the Government are engaged in that. Of course, if the EU rejects those offers and overtures, it must take responsibility for what follows and the consequences of its political intransigence.

On that basis, I will vote for the motion. I do so without prejudice to my position on the section 13 meaningful vote, and to achieve two essential outcomes: to stave off a longer extension, and to prevent European elections from being held in May. I hope that the Government can more vigorously pursue the reassurances that we need on the withdrawal agreement and political declaration to make them more acceptable to this House.