EU Withdrawal Agreement: Legislation

Dominic Raab Excerpts

Tuesday 24th July 2018 Commons Chamber

[The Secretary of State for Exiting the European Union (Dominic Raab)]

With permission Mr Speaker, I would like to make a statement on the White Paper published today setting out the Government’s plans for legislating for the withdrawal agreement and implementation period.

On Friday 29 March 2019, the UK will leave the European Union, giving effect to the historic decision taken by the British people in the 2016 referendum. The Government are committed to delivering a smooth and orderly Brexit. That is why we have already passed the European Union (Withdrawal) Act 2018—[Laughter.] The shadow Foreign Secretary is laughing. She and her party voted against the Bill, thereby undermining her commitment to give effect to the referendum. We are ensuring that the statute book functions after exit, whatever the outcome of the negotiations. I am grateful to this House and the other place for the many hours of scrutiny devoted to that vital piece of legislation. We are now embarking on the next step in the process of delivering that smooth Brexit for the people and businesses of this country.

Since last June, the UK has been negotiating with the EU to decide on the terms of our withdrawal. We have made substantial progress—on protecting the rights of EU citizens in the UK and UK citizens in the EU, deciding the terms of the financial settlement and agreeing a strictly time-limited implementation period. Most of the withdrawal agreement—about 80%, according to the EU—has now been agreed with our EU partners, and we have isolated outstanding issues for further focused negotiation. I will be meeting Michel Barnier again on Thursday to take forward the negotiations at this critical time.

We have already agreed a financial settlement, estimated at between £35 billion and £39 billion, which is well below the figures bandied around by some when we started this negotiation. The implementation period will be finite and will allow for the negotiation and conclusion of free trade deals. Many of these arrangements will of course require new domestic legislation to deliver them into UK law. That is why, last November, we announced our intention to bring forward a new piece of primary legislation to implement the withdrawal agreement in UK law.

Today, we are publishing a White Paper setting out our proposals for this important legislation, which will be introduced once the negotiations have concluded and Parliament has approved the final deal. Our expectation is to reach agreement in October.

Under the terms of the European Union (Withdrawal) Act, Parliament will then have its say on the final deal. If it is approved, will we bring forward the legislation so that it can be in place for when we leave the EU on 29 March 2019. In setting out our proposals today, we are giving Parliament the opportunity to scrutinise our plans well ahead of the Bill’s introduction, given the need to enact the legislation in the time available and mindful of the importance of maximum scrutiny in this House.

By publishing the White Paper today, the Government are providing further certainty to people and businesses here in the UK and across the EU. It also sends a clear signal to the European Union that the United Kingdom is a reliable, dependable negotiating partner, delivering on the commitments it has made across the negotiating table. Of course, while we are making good progress, discussions are still ongoing in various areas, so some parts of the Bill will only become clearer as we settle the remaining parts of the withdrawal agreement. In the light of that, today’s White Paper focuses on those parts of the withdrawal agreement where the text is already agreed. I will take them in turn.

The UK’s first priority in negotiating its withdrawal from the EU was to reach agreement on the rights of citizens, including the 3.5 million EU citizens who live in the UK and who are valued members of their communities and play an integral part in the life of this country. Likewise, the approximately 1 million UK nationals who currently live in the EU are equally valued by their host countries and communities.

The agreement reached on citizens’ rights will allow EU citizens in the UK, and UK nationals in the EU, to live their lives broadly as they do now and enable families who have built their lives in the EU and the UK to stay together. The most important next step will be to provide a continued right of residence for those citizens. EU citizens lawfully residing in the UK on 31 December 2020 will be able to stay.

This month, the Home Office published further details about how EU citizens and their families can obtain settled status in the UK. That statement confirms that the settlement scheme will make it simple and straightforward for citizens and their families to secure long-term status in this country. The Bill will ensure that EU citizens can rely on the rights set out in the withdrawal agreement and can enforce them in UK courts. It will also establish an independent monitoring authority to oversee the UK’s implementation of the deal on citizens’ rights, thus providing further reassurance for citizens.

All EU member states must implement the agreement in full and provide certainty for UK nationals on the continent. As the Home Secretary stated recently, we now need to know more of the details of how each member state will fulfil its obligations and implement its side of the agreement. We will be pressing further for those details over the summer.

The next chapter of the White Paper deals with the strictly time-limited implementation period that the UK agreed with the EU in March. The UK will leave the EU on 29 March 2019. After that, the implementation period on which we have agreed will ensure that people and businesses will have to plan for only one set of changes as we move towards our future relationship. From 30 March 2019 until 31 December 2020, common rules will remain in place, with EU law continuing to apply, and businesses will be able to trade on the same terms as they do now. During that period, we will not be a member state and will have the flexibility that we need to strike new trade deals around the world—something that many argued we would not be able to achieve in the negotiations.

To legislate for the implementation period, we must ensure that the UK statute book continues to reflect the relevant provisions of EU law, as it applies to the UK during this time-limited period. As the House will know, the current mechanism for bringing EU law into UK law is the European Communities Act 1972. Under the European Union (Withdrawal) Act, the ECA will be repealed on 29 March 2019. As set out in the White Paper, the EU withdrawal agreement Bill will contain a time-limited provision so that parts of the ECA are saved until 31 December 2020. Those changes will ensure that our statute book functions properly throughout the implementation period, in accordance with the agreement that we have made with the EU.

Let me now turn to the financial settlement, the structure of which was agreed in December on the basis that it would sit alongside our future partnership. As we have said from the start, nothing is agreed until everything is agreed. That is in keeping with article 50, and in keeping with the guidelines that have been given to the EU for the negotiation. We will have a framework for our future relationship with the EU, alongside the withdrawal agreement, and our approach to that future partnership is set out in the White Paper that we published earlier this month. There must be a firm commitment in the withdrawal agreement requiring the framework for the future relationship to be translated into legal text as soon as possible. It is one part of the whole deal that we are doing with our EU partners. Of course, if one party fails to honour its side of that overall bargain, there will be consequences for the whole deal, and that includes the financial settlement.

In addition, we have agreed an obligation for both parties to act in good faith throughout the application of the withdrawal agreement. The White Paper published today explains that the EU withdrawal agreement Bill will include a standing service provision to allow the Government to meet the commitments of the financial settlement. In the interests of transparency and oversight, the White Paper also includes proposals to enhance the existing scrutiny arrangements for the payments made to the EU.

The White Paper sets out our approach to delivering the withdrawal agreement and the implementation period into law, and I look forward to discussing all its proposals with Members in all parts of the House. It is a necessary part of leaving the EU and ensuring a smooth and orderly departure. It gives EU citizens living here, and UK nationals abroad, clarity and certainty that their rights will be properly protected; it will enact the time-limited implementation period, giving businesses greater certainty and giving the public finality with respect to our relationship with the EU; and it provides for the appropriate means for paying the financial settlement. Above all, with 80% of the withdrawal agreement settled with our EU partners, the White Paper is another key milestone on the United Kingdom’s path to leaving the EU. I commend this statement to the House.

[Keir Starmer (Holborn and St Pancras) (Lab)]

I thank the Secretary of State for providing advance copies of his statement and the White Paper. I am glad to say that that was two hours ago, and it is much appreciated.

We will of course scrutinise the White Paper closely, but a quick reading reveals a number of important points. First, the gimmick of fixing exit day as 29 March 2019 in the European Union (Withdrawal) Act has already come unstuck. We warned at the time that it would not work and would need to be rubbed out and that large parts of the European Union (Withdrawal) Act would need to be amended. Here is the proof.

Paragraph 56 of the White Paper states that

“EU law will continue to have effect in the UK in the same way as now”

for the implementation period—that is, until December 2020—but section 1 of the European Union (Withdrawal) Act, which took 18 months to get through Parliament and received Royal Assent only 28 days ago, repeals the European Communities Act on exit day, 29 March 2019. The implementation Bill will amend section 1 of the withdrawal Act by saving the ECA, as the White Paper makes clear in paragraph 60. So the ECA is repealed, and before that comes into force, it is amended and saved. The Secretary of State says that just “parts of the ECA” are saved until 30 December 2020, but that is a huge understatement. Almost all of it is saved, with amendments not to the applicability of EU law, but to collateral issues.

However, not just section 1 of the withdrawal Act now needs major surgery. The other big ticket item in the Act was the much-vaunted “conversion of EU law” into our law—again, fixed by the gimmick of the date of 29 March 2019. We warned that that would not work, because the gimmick gets in the way, so it is going to be rubbed out. Paragraph 69 of the White Paper makes it clear that the conversion exercise is now not needed until December 2020.

Then, of course, there is the European Court. Just a few weeks ago, many Brexiteers cheered section 6(1) of the withdrawal Act, which would extinguish the role of the European Court on the fixed date of 29 March 2019. But not so fast: as we said at the time would happen, paragraph 80 of the White Paper preserves the full role of the European Court until December 2020. Again, the withdrawal Act will need major surgery.

I cannot remember legislation that has needed such great revision and amendment before the relevant parts have even come into force. Of course, the provisions of the withdrawal Act that have come into force relate to delegated powers. During the 18-month passage of the European Union (Withdrawal) Bill through the House of Commons, it was acknowledged that it contained sweeping provisions packed with Henry VIII powers. They were supposed to be strictly limited by a two-year sunset clause. The White Paper now proposes that those clauses should be extended: sunset is now December 2022. On the face of it, paragraph 75 of the White Paper suggests that if there is no deal, the huge exercise of amending what will be hundreds of legislative provisions will be carried out through delegated legislation. I hope that that is not true, and I look to the Secretary of State for reassurance that that is not the implication of paragraph 75.

Then there is the elephant in the room: if there is no deal, there is nothing to implement. Can the Secretary of State tell us what is the legislative plan, to be in place by March next year, if there is no agreement on citizens’ rights—the Secretary of State said a lot about them—on the financial settlement, on Northern Ireland and on many other issues? If there are not to be sweeping delegated powers, what legislation will there be, and when, between now and March 2019?

There was no mention of Northern Ireland in the Secretary of State’s statement, and there is just a brief reference to it in the White Paper. I appreciate that elements of the Northern Ireland agreement are still being discussed, but with nothing substantive on Northern Ireland, the White Paper contains a huge gaping hole.

There are proposals on the financial settlement. The Secretary of State now seems to be saying that the EU will have to fulfil its side of the bargain, or we will not pay up. We have been down this track before. The Chancellor has previously dismissed that approach by saying:

“That is not a credible scenario. That is not the kind of country we are. Frankly, it would not make us a credible partner for future international agreements.”

So which is it: has it been agreed, or are we back to conditionality?

I have heard what the Secretary of State says about the withdrawal agreement being reached by October this year, but he knows that he is in a minority here and in Brussels. If agreement is not reached until November or December, how will the Secretary of State ensure that there is proper scrutiny of the implementation Bill, and will he guarantee that it will not be packed with wide-ranging Henry VIII powers?

We have a White Paper and we have time to scrutinise it, but we also have serious questions that now fall to be answered.

[Dominic Raab]

I thank the right hon. and learned Gentleman for his welcome for the White Paper in general. He will appreciate that the decision to publish it now was a finely balanced one because the negotiations are ongoing, but ultimately it was deemed more important and more respectful to this House to provide the information and consult as early as possible.

On the right hon. and learned Gentleman’s point about the date of departure, I presume he welcomes and supports the implementation period. I have not heard any substantive suggestion how he might have done it differently; perhaps as he reflects he will have some, but otherwise calling the implementation period a gimmick when businesses have called for it and welcomed the certainty it provides is, I think, rather an indication that the Labour party is reverting to type.

The right hon. and learned Gentleman had nothing to say on citizens’ rights, nothing to say on welcoming the mechanism to secure the rights of EU nationals here and nothing to say on welcoming the mechanism to make sure UK nationals have their rights abroad protected. In relation to no deal, we will be prepared regardless of the outcome, as he knows. This is not the legislation being provided to that effect, as we are focused on getting the right deal for the UK and the EU.

In relation to Northern Ireland, the right hon. and learned Gentleman will have seen the White Paper on our future relationship with the EU and the arrangements for frictionless trade, which are not just important for businesses but will avoid any return to a hard border. Our position is that that provides a clear, workable model that maintains our commitments under the Belfast agreement and avoids any friction at the border, but also frees us up to strike free trade deals abroad.

On conditionality, the right hon. and learned Gentleman is a learned lawyer, but I have to say to him that as a matter of basic general international law, whether through the interpretation of treaties under the Vienna convention or customary international law, when countries sign up to a treaty, both sides must commit to the obligations on both sides; there is reciprocity. Of course, if one side fails to live up to its commitments, it is open to the other side to take proportionate measures, including in relation to financial means, to make sure good effect is given to the whole deal. That is what it takes to stand up for the interests of the United Kingdom; if the right hon. and learned Gentleman would roll over, it is a good job Labour is not handling the negotiations with the EU.

This White Paper is about delivering a smooth and orderly Brexit and one that respects the referendum. I gently say to the Opposition that it is not entirely clear that it is Labour’s overriding objective to give effect to the referendum. Straight after the referendum, the leader of the Labour party demanded the immediate triggering of article 50; with a similar lack of strategic foresight, Labour Members repeatedly voted against the EU withdrawal Bill, whose sole purpose was to deliver a smooth and orderly Brexit, including on Second Reading; and now the Labour party will not rule out a second referendum. It is clear that Labour Members are taking the opportunistic political low-ground, rather than rallying together to try to secure the best deal for the UK with our EU partners. The withdrawal agreement Bill is essential, and I hope that all who wish to see a smooth and orderly Brexit will support it and engage seriously on the substance.

[Several hon. Members rose—]

[Mr Steve Baker (Wycombe) (Con)]

The least worst of the negotiable mechanisms to deliver the implementation period was the one in the White Paper of repealing the European Communities Act 1972 but saving its effect with modifications to the end of the implementation process. Will the Secretary of State confirm that he is going to ask this Parliament—this House—to agree to that mechanism in the same vote that we are asked to sign up to the future relationship through that political statement?

[Dominic Raab]

I can assure my hon. Friend that that will all be part of the same process, and I am happy to work with him on the detail and substance, as we move forward.

[Peter Grant (Glenrothes) (SNP)]

I am grateful to the Secretary of State for his statement, for advance sight of it and the White Paper, and for notice yesterday that the White Paper would be published today. It is nice when a White Paper is handed to Members in the Chamber in ways that do not involve the risk of decapitation, as was the case last week.

I am left wondering what would have happened if the Government had had their way and the House had risen five days ago. Would we have been left without a White Paper? Would the White Paper have been announced in a written statement to add to the 40 or so that have been sneaked out over the past few days without any attempt to allow for scrutiny by Members? The Minister says that publishing the White Paper now gives Parliament time to scrutinise it before the Bill is brought forward but, by my reckoning, there might be eight parliamentary sitting days before the intended date for publishing the Bill, and Parliament might well want to undertake other business in that time, too. Although there is a lot of time between now and the Bill’s publication, the odd timetable that this place sets for itself means not a lot of time for parliamentary scrutiny is being allowed.

I look forward to questioning the Secretary of State on the White Paper in more detail when he attends the Select Committee later today. Paragraph 23 of the White Paper refers to discussions with existing EEA countries about the UK’s future relationship with them. Do the Government hope to establish a unique and unprecedented relationship with those countries that is different from the unique and unprecedented relationship that we are going to have with the EU? If so, why should the EEA countries agree to that?

Paragraph 30 refers to the likely use of the immigration rules, rather than primary legislation, to ensure the ongoing rights of EU nationals living in the UK. Anything that gives legislative impact to the continuation of those rights sooner rather than later is to be welcomed, but does using that method mean that Parliament will not be able to amend the Government’s proposals? If we think they do not give sufficient protections to citizens, and this is being done under immigration rules rather than through primary legislation, will Parliament have the opportunity to strengthen that protection if it sees fit?

The Secretary of State has acknowledged that primary legislation will be needed to give effect to the financial settlement, but one or two members of the European Research Group might not be too keen on that settlement. What are the Secretary of State’s contingency plans if they rebel in the way they did last week? Will the Government just cave in? If not, what concessions do they expect to have to make to the hardliners to get this essential legislation passed?

I welcome the assurance in a number of passages of the White Paper that the usual conventions regarding the devolved Administrations will apply. Can we have an assurance from the Secretary of State now that this legislation will be normal, and that we will not need to appeal that it is abnormal, so that his Government do not ride roughshod over the rights of the devolved Parliaments simply because their assessment of what our people need is a bit different from that of those Parliaments? Or is this another situation in which if the devolved Administrations disagree with the UK Government, they will take us to court, rather than seeking a political agreement?

[Dominic Raab]

I thank the hon. Gentleman for his comments. I think that the initial part of his statement was a backhanded way of welcoming the fact that we have got this out now so that Members of not just this House but all the devolved Administrations have a proper chance to scrutinise the terms of the withdrawal agreement Bill and the implementation period.

The hon. Gentleman asked about EEA nationals. We are engaged in diplomacy with our EEA partners and separate provision will be made for them. We hope to be able to conclude that reasonably soon.

I take on board the hon. Gentleman’s points about consultation with the devolved Administrations. We have been working closely with the devolved Administrations at official and ministerial level to prepare this White Paper. Ministers discussed proposals for the Bill at the last meeting of the Joint Ministerial Committee on 5 July. Of course, we will respect the Sewel convention, although I accept the hon. Gentleman’s point that there are different views about how that will apply, and that is difficult to judge until we have the entire withdrawal agreement.

The hon. Gentleman asked about the immigration rules. The changes will be made by statutory instrument—that is the swifter, more flexible way to proceed in accordance with the White Paper—but the process will allow for the scrutiny of those rules in the normal way.

I hope that I have given the hon. Gentleman some reassurance. I look forward to engaging with him, and all the devolved Administrations and those representing them, as we go through this process.

[Stephen Crabb (Preseli Pembrokeshire) (Con)]

It is becoming increasingly fashionable to criticise the Northern Irish backstop as either a tactical blunder that we have made, or some kind of dastardly trick that the EU is playing on us, so will my right hon. Friend confirm that the backstop remains important precisely because we are a Government who take our obligations towards Northern Ireland seriously, who value Northern Ireland, and who will do nothing to undermine peace there or the integrity of the whole United Kingdom?

[Dominic Raab]

My right hon. Friend is absolutely right. There are two distinct issues at play here. We are absolutely committed to the Belfast agreement and to peace and stability in Northern Ireland. At the same time, 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. I am sure that that is not what our European partners intend—there may be similar pressures in countries within the EU—but we are absolutely clear about our position on this.

[Hilary Benn (Leeds Central) (Lab)]

Paragraph 24 states that

“all EU citizens lawfully residing in the UK”

by 31 December will be able to stay. Can the Secretary of State give the House and those 3.5 million European citizens an assurance that that commitment from the Government will still hold in the event of us leaving without a deal? Yes or no?

[Dominic Raab]

I apologise for the disruption that this is causing to the right hon. Gentleman’s evidence session, which I look forward to joining later.

We are very clear that, in the event of no deal, there would be no wholesale removal of rights of EU nationals in this country. We are absolutely committed to providing the reassurance and security that they need. That is the point of agreeing these aspects of the withdrawal agreement up front and publishing this White Paper—so that EU nationals here and UK expats abroad can see precisely not only the substance of their rights, but how they will properly be protected.

[Mr David Jones (Clwyd West) (Con)]

May I commend my right hon. Friend for restating so robustly that the payment of any financial settlement will be conditional on an agreement on the future relationship with the EU? Will he confirm that the necessary flexibility to accommodate that conditionality will be built into the Bill?

[Dominic Raab]

My right hon. Friend heard what I said in my statement. The most important thing is that we are clear that there is no deal until the whole deal is done, and it will be important to establish that linkage in the withdrawal agreement directly.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I am still unclear about the Secretary of State’s plans for the Northern Ireland backstop. If that is part of the withdrawal agreement, will it be legislated for in the legislation referred to in this White Paper—yes or no?

[Dominic Raab]

Yes.

[Mr Jonathan Djanogly (Huntingdon) (Con)]

The Government are still maintaining that no deal is preferable to a bad deal. Over the summer, the Secretary of State will be going round the European Union selling the Government’s White Paper policy document, and in that he has my full support. However, if he were to fail, for whatever reason, would he accept the clear evidence that a customs union-based approach is still preferable to no deal?

[Dominic Raab]

I appreciate the way in which my hon. Friend tries to tempt me down that particular path, but I think that it is only right to prepare for all eventualities in relation to the money, to the operational contingency planning that we are doing, and to the legislative steps. Obviously our overriding focus is on getting the best deal, and I shall be spending the weeks and months ahead in Brussels, talking to Michel Barnier and his team, and focusing on that. I shall be out there again on Thursday, looking to achieve the best deal.

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

The Secretary of State said that the withdrawal agreement was 80% agreed, but he did not mention the biggest and toughest outstanding issue, which is that of the Northern Ireland border and customs arrangements. Will he tell us whether, in his discussions last week, Mr Barnier agreed to new clause 36 to the Taxation (Cross-border Trade) Bill, which was passed by this House last week and requires reciprocal differential collection of tariffs before the agreement can be put in place?

[Dominic Raab]

I have already mentioned our approach to the Northern Ireland issue. We believe that the proposals in the “Future Relationship” White Paper provide a sustainable, deliverable approach, and we want to make sure that we are aiming to achieve that. In relation to Michel Barnier, the negotiations are of course ongoing, and I will protect the integrity of the negotiating room, if the right hon. Gentleman will forgive me. Of course, there is nothing in the legislation that was passed previously—last week or otherwise—to prevent us from achieving the goals in this White Paper or, indeed, the previous one.

[Rachel Maclean (Redditch) (Con)]

I welcome what the Secretary of State is doing to get the UK ready for Brexit. Will he confirm that as he travels around the EU this summer, he will be pressing EU member states to ensure that they are also ready so that we can leave the EU without disruption to those relationships?

[Dominic Raab]

My hon. Friend is absolutely right, particularly in relation to the protection of UK nationals abroad in the same way as we are protecting EU nationals under UK law. We are setting up a monitoring authority, and the Commission will perform that function in relation to UK expats abroad. None the less, we want to ensure that the legislation and mechanisms are in place to give that security to UK expats.

[Tom Brake (Carshalton and Wallington) (LD)]

The Secretary of State has said that the Government are committed to delivering a “smooth and orderly Brexit”. To that end, are they going to issue a White Paper and Bill to cover a no deal scenario, given that he and his colleagues say that that is a real and increasing possibility? Presumably such a Bill will be needed to cover all eventualities, from compulsory purchase orders to the creation of lorry parks and to establishing emergency warehouses for medicines and food.

[Dominic Raab]

I do not think that I have ever said that this is an increasing risk, but it is certainly a real risk. As the time for the deal approaches, the only responsible thing for us to do is to ensure that we are ready for all eventualities. Without going into some of the more hair-raising examples that the right hon. Gentleman has highlighted, I think it is right to ensure that we are ready for all eventualities by having the logistical infrastructure and legislation in place. I hope that we will have his support.

[Mr Peter Bone (Wellingborough) (Con)]

I thank the Secretary of State for coming to the House at the earliest opportunity to give us the chance to scrutinise the White Paper. I have not had a chance to read it myself, so will he confirm that the Prime Minister’s principles of ending the free movement of people, of not giving billions of pounds each and every year to the EU, and of making our own laws in our own country, judged by our own judges, are not broken by the White Paper?

[Dominic Raab]

My hon. Friend is absolutely right to get back to the key overarching objectives. I believe that, with this White Paper and the previous one, the full strategy can be seen in the round. Yes, we have had to take a pragmatic as well as a principled approach, but it is faithful to the referendum in the three key areas that he describes.

[Stephen Kinnock (Aberavon) (Lab)]

The Government have promised that the House will have all the information and data that it needs to make an informed choice when we take the critical vote in the autumn. Will they therefore produce an impact assessment on the political declaration on the future relationship between the UK and the EU well in advance of our taking that critical vote?

[Dominic Raab]

I thank the hon. Gentleman for his question; he has raised this matter a few times. We will ensure that the appropriate analysis is done on all aspects of all elements on both sides of the deal.

[Mr John Baron (Basildon and Billericay) (Con)]

I wish the Secretary of State a productive summer—it could be a very interesting one. The EU has a poor track record when it comes to trade deals generally, which is why we trade with the majority of the rest of the world on World Trade Organisation terms. What assurances can he give us that, in the run-up to the publication of the White Paper, we will be meaningfully preparing to leave on no trade terms and that the White Paper’s proposals will have the dexterity to ensure that the preparation is in place in time?

[Dominic Raab]

My hon. Friend is right to raise that aspect of the arrangements. We are working closely with all the other arms of Whitehall, including the Department for International Trade, and we are ensuring that we have the right flexibility. The advantage of the implementation period in the White Paper is that it is finite, so that those who want to see an end to the eternal haggling with the EU and want some clarity about the end-state relationship will have that provided. During the implementation period, we will be free to negotiate and to conclude free trade deals with other countries beyond the continent.

[Caroline Lucas (Brighton, Pavilion) (Green)]

Is the Secretary of State aware that he has just set alarm bells clanging in the homes of around 3 million EU citizens living in this country? When he answered the question about what would happen in the event of no deal by saying that there would be no wholesale removal of rights of EU nationals in this country, what did he actually mean? Will he put in writing what he means in the next 24 hours so that those people do not have a horrendous summer thinking the worst about what could happen in the event of no deal, with their rights not being protected?

[Dominic Raab]

I do not share the hon. Lady’s gloomy assessment. When the detail of the White Paper is made clear to EU nationals here, the focus will be on their substantive rights and the mechanism by which they will be able to rely directly on them in UK courts. There will be an independent monitoring authority not just to take up complaints, but to take legal action. If the negotiations do not reach fruition, separate legislative provision will be made in the normal way through the Home Office. However, we will move quickly to secure the position of EU nationals.

[Craig Mackinlay (South Thanet) (Con)]

We swallowed the fairly hideous implementation period compromise on the promise of a smooth transition to a good end state. Now that the opening offer on the end state does not pass the public’s sniff test, why should we approve both when we are asked to in the autumn?

[Dominic Raab]

I share my hon. Friend’s passion and respect his views. If he looks at the package in the round—at the finality that the implementation period provides; at the ability to give effect faithfully to the referendum and to take back control of our borders, law and money; at our ability to trade more liberally and energetically with the growth markets of the future; at the wider political context, both in this House and beyond; and at the nature of the support we need to carry the country with us—I hope that he will appreciate that we are taking a principled, pragmatic approach to leaving the EU, and that he will be able to get behind it.

[Mike Gapes (Ilford South) (Lab/Co-op)]

The Secretary of State said that UK nationals in the EU will be able to

“live their lives broadly as they do now”.

Will he confirm that the existing rights to move freely between EU countries and to work and study in other EU countries will apply to all UK citizens currently living in France, Germany, Estonia, Poland and elsewhere?

[Dominic Raab]

I share the hon. Gentleman’s desire to nail down those reassurances for onward movement. That is our objective in the negotiations, but we have not yet finalised that aspect.

[Henry Smith (Crawley) (Con)]

When the Secretary of State meets the remaining 27 EU Governments over the summer, will he be highlighting the fact that they have a significant trade surplus with the UK and that it is therefore in everyone’s best interests that a comprehensive trade deal is accomplished?

[Dominic Raab]

I think that many European businesses are well aware of that. On Friday, we had a meeting at Chevening with a whole range of leaders of businesses small and large, and there was widespread positive feeling about our negotiating position and many offers to help. It will not be just me going around the capitals of Europe; there will be a lot of support from businesses trying to ensure that we get this deal in the principled, pragmatic way that has been set out in the White Paper.

[Joanna Cherry (Edinburgh South West) (SNP)]

In the Secretary of State’s previous incarnation, he campaigned for the repeal of the Human Rights Act and its replacement with a Bill of Rights. Despite campaigning vigorously since 2009, he failed to secure his objective, and the Government have now ditched the policy. What makes him think that he can finalise the remaining 20% of the withdrawal agreement and solve the difficult question of the Irish border in a matter of months?

[Dominic Raab]

I always argued that we should stay within the European convention on human rights, but that we should look at how it is implemented in UK law. However, the Government’s position is clear on that. More broadly, the hon. and learned Lady is quite right to point out the time pressure that we are under, but we have set out a principled but pragmatic approach. We are bringing extra energy to the negotiations. I am going out to see Michel Barnier again on Thursday and will be offering to see him regularly throughout the summer. If that good will, pragmatism and energy are reciprocated, we will get a deal in October.

[Eddie Hughes (Walsall North) (Con)]

I am expecting there to be a lot of celebrating on 29 March 2019 in Willenhall and Bloxwich. Will the Secretary of State confirm that one of the things that the people will be celebrating will be the opportunity to make free, independent trade deals for the first time in decades?

[Dominic Raab]

My hon. Friend is absolutely right. The point is that the growth markets of the future will be areas such as Latin America or Asia, and that has also been confirmed by the European Commission’s analysis. This is not just a UK position; it is widely shared.

[Tracy Brabin (Batley and Spen) (Lab/Co-op)]

The Secretary of State and other Conservative Members have said many times that no deal is better than a bad deal, but the Foreign Secretary said yesterday that no deal would be economically challenging. However, with still no evidence of what the Government have put in place for a no deal Brexit, will the Secretary of State please take this opportunity to give manufacturers in Batley and Spen advice on how to prepare for a potentially chaotic economic crisis?

[Dominic Raab]

We are broadly aligned in trying to strive to get the very best deal with the EU—that is where my overriding focus is—but I say gently to the hon. Lady and other Opposition Members that it would be deeply irresponsible to fail to prepare and plan for all eventualities when we are in a negotiation and when things depend on the good will and the ambition on the other side.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Further to paragraph 104 on page 28 of the White Paper, will my right hon. Friend confirm that payment of the £35 billion to £39 billion that he cited is conditional on the final deal? After all, as he has said, nothing is agreed until everything is agreed.

[Dominic Raab]

If my hon. Friend looks at the White Paper, he will see that the principle of conditionality is written into it and is mentioned in several different paragraphs. It is a common principle of international agreements and international diplomacy when a deal is struck that both sides commit to adhering to and fulfilling their side of the bargain. If they do not, there are consequences for the rest of the deal.

[Sammy Wilson (East Antrim) (DUP)]

I welcome the White Paper, especially the commitment that the EU will not be getting a penny of our money if it refuses to come up with a fair trade arrangement that suits both sides. On that issue, is the Secretary of State aware that the Taoiseach said this week that he had been assured by the EU that there will be no need for any physical infrastructure along the Irish border even in the event of no deal? If that is the case, is that not proof that the issue is overhyped and that there is no need for a backstop arrangement that breaks the Union? Will he assure us that he will not accede to such an arrangement?

[Dominic Raab]

I certainly agree with the hon. Gentleman that if both sides go into this with sensitivity, understanding and the commitment to avoid any return to any infrastructure at the Irish border, we will be in a much better place. The most important thing is that the proposals in our White Paper on the future relationship provide a sensible model that guides us towards the end state during the implementation period.

[Nigel Huddleston (Mid Worcestershire) (Con)]

I appreciate that the Secretary of State is trying to make the Government’s position clear and simple for people to understand, but there is still a lot of confusion out there. One area that confuses my constituents is whether we will be able to conduct independent trade deals under the Government’s proposals, so will he clarify that?

[Dominic Raab]

I can tell my hon. Friend that not only will we be able to negotiate, but we will be able to conclude deals. The Department for International Trade is now embarking on a series of consultations about the substance of those free trade agreements so that the public and his constituents will understand the value and importance that the agreements will bring to the country.

[Thangam Debbonaire (Bristol West) (Lab)]

I refer the House to my entry in the Register of Members’ Financial Interests. Will the Secretary of State please commit to meeting the Minister for Digital and the Creative Industries, the hon. Member for Stourbridge (Margot James), who in a recent meeting with me and the Musicians’ Union agreed about the need for there to be some form of visa so that musicians and others in the creative and other industries, including sportspeople, can continue to tour the EU? Paragraph 26 on frontier workers does not deal with self-employed people who need to tour the EU.

[Dominic Raab]

That is one of the issues that needs to be discussed in the context of the future relationship, but the hon. Lady raises the importance of our getting the best deal on that relationship in tandem and in parallel with the withdrawal and exit terms.

[Alex Burghart (Brentwood and Ongar) (Con)]

I congratulate the Secretary of State on his statement. Several constituents who are EU nationals have raised concerns with me about their rights after we leave the EU. Will he therefore tell the House what he intends to do to spread the message that is in the White Paper so that EU nationals are aware of the steps that the Government are taking?

[Dominic Raab]

There is the substance of the rights, which we have set out and made clear in the White Paper, and a mechanism and procedures will also be available to EU nationals. We will ensure that that information is widely disseminated both through materials and through the work that the Home Office will be doing in the coming weeks and months.

[Jonathan Edwards (Carmarthen East and Dinefwr) (PC)]

The Secretary of State knows that parliamentary arithmetic seems to be against the British Government. If they fail to get approval for their withdrawal agreement, they will face four options: they could extend article 50 in order to renegotiate; they could move a motion of no confidence to allow the formation of an alternative Government or another general election; they could call a second referendum; or they could crash out without a deal. Which option would he prefer?

[Dominic Raab]

It will be incumbent on hon. Members on both sides of the House to think very carefully about how they vote when it comes to the meaningful vote. Unless it is approved and we have a deal, we will not be able to give effect to it. Not only would that be a serious position, but hon. Members on both sides of the House would be held to account for how they voted.

[Mike Wood (Dudley South) (Con)]

What safeguards can be put in place to make sure that the provisions to save parts of the European Communities Act cannot be extended beyond the agreed implementation period?

[Dominic Raab]

I understand my hon. Friend’s concern, and I hope he will be reassured that the implementation period will be finite and much shorter than some had been arguing for. We think that strikes the right balance between allowing businesses to make one change to the rulebook and making sure it is a reasonably finite, limited period, for the very reasons he has expressed.

[Ian Murray (Edinburgh South) (Lab)]

Can the Secretary of State tell us what the terms of any meaningful vote will look like? What are the Government’s plans should this Parliament not agree to the deal on the table?

[Dominic Raab]

The terms of the meaningful vote have already been set out in the European Union (Withdrawal) Act, and the vote will be to approve or reject the full deal, including both the withdrawal agreement and the future framework.

[Kevin Foster (Torbay) (Con)]

rose—

--- Later in debate ---

[Kevin Foster]

Thank you, Mr Speaker. You are a star, and I am sure you know how to do your scone correctly, too.

The Secretary of State will be aware of the importance of the fishing industry to Torbay and across the south-west. Can he therefore confirm that, by 2020, the UK will be negotiating its own fishing policies as an independent coastal state?

[Dominic Raab]

My hon. Friend is absolutely right. In 2020 we will be negotiating fishing opportunities as an independent coastal state, deciding who can access our waters and, more importantly, on what terms.

[Stephen Timms (East Ham) (Lab)]

I am pleased that the new Secretary of State is planning to meet Michel Barnier much more frequently than his predecessor did, and I welcome this new sense of urgency. On the conditionality of the financial settlement, when the withdrawal agreement is ratified in October, or whenever it is, the UK’s payment will be obligatory. Will he confirm that the future relationship, at that stage, will be covered only by a declaration, which will not be obligatory on either party?

[Dominic Raab]

We set out a lot of the detail on how we will handle the financial payment in the White Paper, and I urge the right hon. Gentleman to reflect on the detail. We cover the substance, the sequence and the mechanism for paying it and for making sure that, at all moments, this House has proper scrutiny. If he has any particular suggestions in relation to that, I would be interested to hear them.

[Alex Chalk]

I welcome this White Paper and, in particular, the announcement of robust legal mechanisms to secure the rights of EU citizens who have done such an enormous job in the local economy and in the wider community of Cheltenham and elsewhere, but there are a million British citizens living overseas in the European Union. Will the Secretary of State provide a little more information on the steps he will be taking this summer to ensure that British citizens enjoy reciprocal and equivalent rights?

[Dominic Raab]

My hon. Friend is absolutely right. We want a very clear message for EU nationals in this country: we value them, we welcome them, and not only do we want them to stay but we are making provision to ensure they are secure in their rights. In relation to UK expats abroad, the withdrawal agreement will, in the same way as it does for EU nationals here, provide substantive rights. The Commission will perform the role of the monitoring authority, as set out in the White Paper, and of course it will be incumbent on each individual EU member state to make sure it provides direct access and redress in its courts, in the same way as we are doing in our courts for EU nationals.

[Melanie Onn (Great Grimsby) (Lab)]

One GP has been working in Grimsby since 2004 through the EU diploma equivalence scheme. Is that scheme covered by chapter 2C of the White Paper, and will that GP need to take any action between now and March 2019 to enable her to continue to work freely in our NHS?

[Dominic Raab]

If the hon. Lady wants to write to me about an individual case, I would be happy to take a look.

[Mr Adrian Bailey (West Bromwich West) (Lab/Co-op)]

Given the White Paper’s underwhelming commitment to EU citizens’ rights in the UK, and given the Secretary of State’s most unconvincing reply to my right hon. Friend the Member for Leeds Central (Hilary Benn), can the Secretary of State give the sort of assurance on EU citizens’ rights being maintained in this country that they and, above all, British businesses need?

[Dominic Raab]

I am not sure which bit of the reassurance provided in the White Paper the hon. Gentleman finds underwhelming. He did not mention any in his question, but if he would like to write to me, I look forward to addressing it. I gently suggest that he reads the White Paper first because, actually, the substantive rights and the procedural mechanism for securing them are set out very clearly.

[Martin Whitfield (East Lothian) (Lab)]

Given the problems the Government confronted in section 11 of the European Union (Withdrawal) Act, does the Secretary of State agree it is a little disappointing that the negotiations with the devolved parties are not encompassed and enshrined in this White Paper?

[Dominic Raab]

We have worked very closely with the devolved Administrations at official and ministerial levels. Ministers discussed proposals for this Bill at the JMC on 5 July. The Sewel convention will apply in the ordinary way. I appreciate there will be different views on its application, and we do not know quite how it will look until we have the whole deal agreed. I look forward to working very constructively and sensitively with all the devolved Administrations.

[Patrick Grady (Glasgow North) (SNP)]

A very happy recess to you, Mr Speaker. It is quite embarrassing for the Government that they are already having to amend their European Union (Withdrawal) Act, which is only a month old and was passed without legislative consent from the Scottish Parliament. Does he believe that the customs Bill and the Trade Bill will also have to be amended by the withdrawal agreement Bill?

[Dominic Raab]

I gently say to the hon. Gentleman that we made it very clear when we passed the European Union (Withdrawal) Act that we would have to consider the subsequent terms in the light of the negotiations. I would have thought he would welcome the implementation period, welcome the certainty it gives to Scottish businesses and to businesses across the UK, and welcome it as a finite bridge towards our end state of leaving the EU and taking back control of our laws, our borders and our money.

Oral Answers to Questions

Dominic Raab Excerpts

Thursday 19th July 2018 Commons Chamber

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

1. What steps he is taking during negotiations to ensure that UK manufacturing and services can continue to have access to EU markets after the UK leaves the EU.

[The Secretary of State for Exiting the European Union (Dominic Raab)]

The UK proposes a UK-EU free trade area underpinned by a common rulebook, including on agri-food, but only for those rules necessary to provide frictionless trade at the border. On services, we seek to minimise new barriers to trade, enable UK firms to establish in the EU and continue mutual recognition of professional qualifications.

[Mr Sheerman]

While welcoming the Secretary of State to his new post, may I ask if he shares my view that all Members of this House have a sacred duty to look at the long-term future of the people that we represent? Will he join me in looking at the front page of the Financial Times, and did he listen to the radio this morning? He knows that many of our constituents working in manufacturing and in services are deeply distressed and worried about their future.

[Dominic Raab]

The hon. Gentleman is absolutely right. We need to look to the long term, and we need to try to bridge some of the divisions in this country. I believe that the White Paper that the UK Government have published is a principled, pragmatic but ambitious approach that delivers the best deal for the UK but also makes sure that we continue our firm, strong ties with our European friends.

[Damian Green (Ashford) (Con)]

May I wish my right hon. Friend well, particularly at the start of his negotiations this afternoon? Amid all this talk of no deal, can he reassure me and the House that it is still the British Government’s intention and expectation that they will be able to reach a good deal in these negotiations?

[Dominic Raab]

My right hon. Friend is absolutely right. He will have seen from the White Paper that we have set out the approach that we are taking—the strategy that we have. I will be out in Brussels today because we do need to step up the pace, the intensity and the heat of the negotiations. But, at the same time, the only responsible thing for the Government to do is to prepare for all eventualities out of these negotiations.

[Hilary Benn (Leeds Central) (Lab)]

The Secretary of State will be only too well aware that, without an agreement on a backstop for the border between Northern Ireland and the Republic, there will be no withdrawal agreement. The technical note on customs arrangements that the Government published last month was only half a backstop because, as the paper itself acknowledged, it would need to have added to it something on regulation. Now that the Government have committed to a common rulebook in the White Paper, can the Secretary of State today confirm that that will now be added to the proposal for a backstop so that he can make progress on it?

[Dominic Raab]

The right hon. Gentleman is absolutely right to talk about the progress that we have undoubtedly made with our European friends on the withdrawal agreement, but to say that issues such as Northern Ireland remain to be resolved properly. He is also right to say that the White Paper and the proposals have a principled but flexible approach that will allow us to make sure that we not just continue the frictionless trade but avoid any issues at the border. We will obviously take forward those negotiations today, and I look forward to discussing this with Michel Barnier later.

[Mr Speaker]

I call Rachael Maskell. [Interruption.] I mean Rachel Maclean—I do beg the hon. Lady’s pardon and the other hon. Lady’s pardon. They are both very distinctive, and it is my fuzzy memory, not their lack of distinctiveness. I do apologise to both of them.

[Rachel Maclean (Redditch) (Con)]

Thank you, Mr Deputy Speaker—[Laughter.] Oh, I am sorry, Mr Speaker. It is obviously flattering to be confused with the hon. Member for York Central (Rachael Maskell).

My constituents voted to leave the EU because they did not want our laws to be made by bureaucrats in Brussels—they wanted our laws to be made by our own country. Can the Secretary of State, who I know shares this ambition, reassure my constituents that the Chequers proposal will allow our laws to be made in our country after we leave the EU?

[Dominic Raab]

My hon. Friend is absolutely right. We have made a narrow exception where there will be a common rulebook for agricultural goods and manufactured goods at the border, but only to the extent that that is necessary to ensure frictionless trade—and even there, elected Members in this House will have the last word. Of course, the UK Supreme Court will finally do what it says on the tin, which is to have the last word on the application of the laws of the land.

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

Fears that the schism at the heart of the Tory party is driving the country towards a no deal Brexit are once again on the rise, and it is clear that the new Secretary of State is stepping up preparations for such a scenario. Will he therefore tell the House what specific advice his Department is giving to the financial services sector on how to prepare for an EU departure without a deal?

[Dominic Raab]

I thank the hon. Gentleman. Of course, many of the banks and people in the City are already preparing and are very confident that they can withstand any of the uncertainty in relation to Brexit negotiations. We have been preparing for some time now. I pay tribute to my hon. Friend the Member for Wycombe (Mr Baker) for all the preparatory work that he has done. We will be starting to step up some of those preparations. Some of that will become more publicly facing in the weeks and months ahead. That is necessary, and any responsible Government would have to do it. We will obviously set out the details of that shortly.

[Sir Desmond Swayne (New Forest West) (Con)]

But all our manufactures will have to be produced in full accordance with the acquis, will they not?

[Dominic Raab]

I understand my hon. Friend’s concern, but the common rulebook relates only to those particular rules that relate to the border, to enable frictionless trade. We will ensure, through technical-level consultations, that we have a voice in the formation of those rules. Ultimately, it will be for this House to say yes or no to whether those rules become the law of the land.

[Peter Heaton-Jones (North Devon) (Con)]

2. What recent discussions he has had with the Secretary of State for Environment, Food and Rural Affairs on support for farmers after the UK leaves the EU.

[Michelle Donelan (Chippenham) (Con)]

11. What recent discussions he has had with the Secretary of State for Environment, Food and Rural Affairs on support for farmers after the UK leaves the EU.

[The Secretary of State for Exiting the European Union (Dominic Raab)]

We work closely with the Secretary of State for Environment, Food and Rural Affairs on farming support. The Government will provide the same cash total in funds for farm support until the end of the Parliament, maintaining stability for farmers as we grow our world-leading food and farming industry in a sustainable way.

[Peter Heaton-Jones]

Will my right hon. Friend confirm that the Government’s policy is to leave the customs union, leave the single market, leave the common fisheries policy and leave the common agricultural policy, and that the Government are committed to the fact that in that new framework North Devon’s farmers will continue to thrive outside the EU?

[Dominic Raab]

My hon. Friend is absolutely right. Indeed, our White Paper confirms that the United Kingdom will leave the single market and the customs union. Outside the CAP and the CFP, we will be free to develop a domestic agriculture policy that works in the best interests of farmers in North Devon and across the UK, and at the same time we will become an independent coastal state with full control over our waters.

[Rachael Maskell (York Central) (Lab/Co-op)]

The chemicals regulation division of the Health and Safety Executive regulates biocides and pesticides under the EU REACH—registration, evaluation, authorisation and restriction of chemicals—regulation. The pesticides have to be tested within the EU, so we will lose that work on 29 March 2019. Will the Government buy into the new replaced EU body, losing 300 jobs in York and Bootle, or will they be forced into having separate EU testing, placing additional costs on farmers?

[Dominic Raab]

Obviously, that is subject to negotiation, but I understand the concern that the hon. Lady has raised. We will seek to pursue a relationship whereby we are engaged with the regulatory structures in Europe to ensure that we have continuity and stability in that sector.

[Stephen Gethins (North East Fife) (SNP)]

I congratulate the Secretary of State on his elevation to Cabinet. A number of leavers suggest that the governing classes or the establishment are calling the shots on Brexit and that that is why it is such a mess. Farmers in my constituency want to know who is calling the shots—is it the Secretary of State?

[Dominic Raab]

No, it is the Prime Minister and the Cabinet. I will be deputising for the Prime Minister in the negotiations. I will be out seeing Michel Barnier shortly, and I hope that I can attest to his full support for the White Paper.

[Jenny Chapman (Darlington) (Lab)]

Not so long ago, the Secretary of State, in a burst of youthful exuberance, published a blog—[Interruption.] It was not that racy. It included his 10 policies “for a Better Britain”. Policy No. 7 stated:

“We need to deregulate…the common market”.

Does he still agree with his own manifesto for Britain?

[Dominic Raab]

In all those areas, as important as they are and whatever the different views across the House on those sensitive matters, the crucial thing is that elected Members in this House have the last word on the laws of the land. I share her concern about those areas and her interest. Why on earth would she want to abdicate responsibility for law making to Brussels, when in this House we need to be accountable to our constituents?

[Jenny Chapman]

For British farmers to trade successfully with Europe, we must remain on the same level playing field, with common standards and regulations. The president of the National Farmers Union said earlier this year that

“the floor is for our standards to be in line with the rest of Europe”.

Does the Secretary of State agree with the Farmers Union or himself?

[Dominic Raab]

I think that he has welcomed the White Paper—

[Jenny Chapman]

She!

[Dominic Raab]

She has welcomed the White Paper, but I would gently say to the hon. Lady that the CAP’s land-based subsidy and the bureaucratic structure that goes with it has held back productivity in this country and has not delivered the scale of environmental improvement we need. When we leave the common agricultural policy, we will make sure that we have the best agricultural but also environmental policy for this country.

[Michelle Donelan]

rose—

[Michelle Donelan]

Thank you for your patience, Mr Speaker.

Leaving the EU provides opportunities for Wiltshire farmers; hence why they voted to leave. Does my right hon. Friend agree that making our own decisions for farmers to suit farmers will ensure that their interests are better protected?

[Dominic Raab]

My hon. Friend is absolutely right. We want a more dynamic, more self-reliant agricultural industry as we continue to compete internationally, supplying products of the very highest standard for the domestic market and increasing exports. We also want a reformed agricultural and land management policy to deliver a better and richer environment for Wiltshire and across the UK.

[Mr Virendra Sharma (Ealing, Southall) (Lab)]

3. Whether the Government plan to take steps to maintain economic and social rights as part of their negotiations on the UK leaving the EU.

--- Later in debate ---

[Stephen Metcalfe (South Basildon and East Thurrock) (Con)]

18. What recent progress he has made on negotiations on the UK leaving the EU.

[The Secretary of State for Exiting the European Union (Dominic Raab)]

On 19 June, we published a joint statement on the draft withdrawal agreement, setting out our progress in agreeing the text on a majority of separation issues. Negotiations are ongoing, and my officials are in Brussels. With last week’s publication of the White Paper, we hope to intensify negotiations on the future relationship.

[Mr Whittingdale]

Does my right hon. Friend agree that the financial settlement contained in the withdrawal agreement is one of our strongest bargaining cards? Will he therefore include in the Bill provisions to ensure that its full payment is conditional on our achieving a satisfactory outcome to negotiations?

[Dominic Raab]

As ever, my right hon. Friend makes a powerful point, and as the EU says, there is no deal until the whole deal is concluded. The withdrawal agreement must come alongside a framework for the future partnership agreement—article 50 requires that—and if one party does not meet its side of the bargain, that will inevitably have consequences for the deal as a whole.

[Nigel Huddleston]

The Secretary of State will be aware that the UK has a near £70 billion trade deficit with the EU, and it is transparently in the EU’s interest to get a deal that keeps trade flowing. Is he aware whether European businesses and companies are lobbying EU negotiators and Governments to ensure a mutually beneficial deal?

[Dominic Raab]

My hon. Friend is right. The Government have a regular and productive dialogue with the European business community, and in those discussions we highlight our common interests with those businesses. It is important that their voice is heard because a lot is at stake, not just for UK businesses and jobs, but for European businesses and jobs.

[Stephen Metcalfe]

Does the Secretary of State agree that remaining inside the customs union or the single market would be a breach of the outcome of the referendum and totally undermine the trust of the British people?

[Dominic Raab]

My hon. Friend is right. Not only would it be a breach of the referendum, but every hon. Member, at least on the Government Benches, went into the last election promising our constituents that we would leave the customs union and the single market. Crucially, the White Paper forges a plan that can deliver that, while maintaining the strong relationship that we want with our European friends.

[Helen Goodman (Bishop Auckland) (Lab)]

PPG Industries in my constituency provides 200 jobs. It tells me that if we leave the European Chemicals Agency, it will have to close. Will the Secretary of State commit to the common rulebook and not to making any compromises on that part of the White Paper?

[Dominic Raab]

The hon. Lady is right to point to that issue, but she also mentioned the White Paper. She will know that we are committed to staying with a strong regulatory relationship with our EU partners, for precisely the reasons she gave.

[Nick Smith (Blaenau Gwent) (Lab)]

Given that so many of his friends and colleagues want to bring down the Prime Minister, how will the Brexit Secretary get his withdrawal agreement through in the autumn?

[Dominic Raab]

The same way that we got the customs Bill through this week—by working hard, listening to all sides and delivering for the people of the United Kingdom.

[Jim Shannon (Strangford) (DUP)]

My constituency of Strangford depends greatly on the agri-food sector for employment, jobs and opportunities. With reference to the border in Northern Ireland, will the Secretary of State explain how he intends to foster cross-border trade in a safe and effective way?

[Dominic Raab]

The hon. Gentleman will know from the White Paper that we have set out a paradigm that works, not just for trade between the UK and the EU, but that specifically will avoid any return to a hard border in Northern Ireland. We now need to take that proposal to our European friends. I will see Michel Barnier later this afternoon, and I will be sure to convey to him the hon. Gentleman’s concerns.

[Christine Jardine (Edinburgh West) (LD)]

5. What recent discussions he has had with the Secretary of State for Digital, Culture, Media and Sport on negotiating a deal to support international broadcasting businesses maintaining their UK base after the UK leaves the EU.

--- Later in debate ---

[Karin Smyth (Bristol South) (Lab)]

19. What assessment he has made of the potential merits of negotiating an association agreement as part of the future partnership between the UK and the EU.

[The Secretary of State for Exiting the European Union (Dominic Raab)]

As we set out in the White Paper, the future UK-EU relationship is likely to consist of several separate agreements covering different elements of economic, security and cross-cutting co-operation, and those arrangements could take the form of an association agreement.

[Karin Smyth]

I thank the Secretary of State for that answer. According to the European External Action Service, an association agreement must offer “a privileged relationship” between the European Union and its partner and must create enforcement bodies that are

“competent to take decisions that bind the contracting parties”.

Will the Secretary of State confirm that that is now the Government’s aim?

[Dominic Raab]

I thank the hon. Lady for her question. An association agreement is a flexible legal form. It is a term of art in general international law, but it does require binding treaty arrangements. In relation to recourse for dispute settlement, we have set out detailed proposals in the White Paper for arbitration, and that obviously has the advantage, whether it is a three or five-person arbitration panel, of being balanced. The UK and the EU will be able to appoint arbitrators to the panel, so disputes can be resolved with good faith, trust and confidence on both sides.

[Maggie Throup (Erewash) (Con)]

24. What progress he has made in negotiations on ensuring continued co-operation with the EU on the regulation of industrial chemicals after the UK leaves the EU.

--- Later in debate ---

[Tom Pursglove (Corby) (Con)]

T1. If he will make a statement on his departmental responsibilities.

[The Secretary of State for Exiting the European Union (Dominic Raab)]

Last week, the Government published their White Paper on the future relationship between the UK and EU. Today, I will travel to Brussels to meet Michel Barnier to discuss the negotiations, and I look forward to working with him to secure a deal in the best interests of both the United Kingdom and our European partners.

[Tom Pursglove]

What steps is my right hon. Friend taking to bolster and emphasise the importance of no deal planning across Government?

[Dominic Raab]

Most of our no deal preparation has been developed internally with targeted engagement with the relevant parties, but we are now at the point at which more of that delivery will start to become more public. Over the summer, the Government will release a series of technical notices to set out what UK businesses and citizens in various sectors will need to do in a no deal scenario and to make public more of our preparations. That is the responsible thing for any Government to do.

[Keir Starmer (Holborn and St Pancras) (Lab)]

Yesterday, the former Brexit Minister, the hon. Member for Wycombe (Mr Baker), made a direct threat to the Secretary of State that Conservative MPs on his wing of the party are not prepared to vote for any Brexit deal that does not meet their demands. Talking about the White Paper, he said that 40-plus Conservative Members

“do not like this deal and are willing to vote in line with that dislike”.—[Official Report, 18 July 2018; Vol. 645, c. 489.]

Against that threat, and without just saying that it is a great White Paper, what evidence can the Secretary of State point to that suggests the White Paper could command a majority in this House?

[Dominic Raab]

The right hon. and learned Gentleman seems more interested in doing the job of whipping Conservative Members than in coming up with any serious, substantive proposals. We have a White Paper, and I am going to Brussels. We ought to unite the United Kingdom behind getting the best deal for this country and for our European friends.

[Keir Starmer]

Let me follow on. Given the threat that has been issued by the hon. Member for Wycombe, the burning question for the Secretary of State, which will be asked again and again in this House, across the country and, I have no doubt, by Michel Barnier later today, is whether he personally is prepared to face down that threat. What is the answer?

[Dominic Raab]

I am not interested in the media circus or in any of the drama. We have proper scrutiny in this House, and we have relentlessly and unflinchingly focused—I am sure our European partners will be doing the same—on narrowing the differences, accentuating the positives and getting a win-win deal that is good for this country and good for our European friends. The right hon. and learned Gentleman should get behind that effort.

[Chris Green (Bolton West) (Con)]

T6. My electors expect the decision of a general election to be delivered, just as they expect the decision of a referendum to be delivered. Does my right hon. Friend agree that to have a second referendum would undermine the democratic process and that anyone calling in this place for a second referendum should perhaps step down, have a by-election and ask for a second opinion on themselves?

[Dominic Raab]

My hon. Friend makes his point in his usual powerful and eloquent way. Of course, when the referendum legislation was passed it was agreed by all parties that we would respect the verdict of the referendum. That was how we entered into the legislation, that was how the legislation was passed by the House and that was how we campaigned. It would be a shifting of the democratic goalposts and a breach of democratic trust to suggest otherwise.

[Alex Cunningham (Stockton North) (Lab)]

T2. My Stockton North constituency is home to some of the country’s most energy-intensive industries, and the future nature of the greenhouse gas scheme is a key business issue for them. The Chequers agreement suggests that we might remain in the EU emissions trading scheme. When will we know?

[Dominic Raab]

Having sat on various Select Committees with the hon. Gentleman, I know that he takes these issues very seriously. We detailed it in the White Paper, and he has the reassurance of the detail in that extensive document. I will be going out to talk to Michel Barnier and our European friends about all these issues to make sure we can take it further forward.

[David Duguid (Banff and Buchan) (Con)]

T7. The repeated commitment from this Government that we are indeed leaving the common fisheries policy is welcomed by the fishing communities of Banff and Buchan and around the United Kingdom. Concerns remain, however, that the position of the European Fisheries Alliance, among others in Europe, is to maintain as much of the status quo as possible. Will the Minister commit to meeting me and representatives of the Scottish fishing industry to discuss how leaving the CFP can lead to this vital industry not just surviving but thriving and growing post Brexit?

[Helen Hayes (Dulwich and West Norwood) (Lab)]

T3. I understand that the Secretary of State, as a member of the campaign committee of Vote Leave—the campaign committee met weekly, according to Vote Leave’s website, to agree the leave campaign’s strategy—may not want to comment on this week’s findings of the Electoral Commission until he has spoken to the police, who are investigating those findings, so I ask him this hypothetical question instead. In a situation in which an organisation has been found to have lied about its spending and to have broken UK law in order to secure a narrow referendum victory, what does he believe the consequences should be?

[Dominic Raab]

Obviously we need to see any of those allegations, any of those cases, followed up by the relevant authorities. I was on the campaign board of Vote Leave. I had nothing to do with the financial implications, with donations or with anything like that. What I think the hon. Lady is really trying to do is somehow, in a back-handed way, to discredit the outcome of the referendum, which is not going to work. The country voted to leave the EU, and that is what we are going to do.

[Giles Watling (Clacton) (Con)]

T9. As we strike out into this brave new world of global trade post Brexit, can my right hon. Friend reassure me that, whatever the result of the negotiations, this Government will redouble their effort to retain cordial relationships with Europe on both trade and security?

[Dominic Raab]

My hon. Friend is absolutely right; that is what the White Paper sets out. This is about maintaining a strong trading relationship with our EU friends; broadening our opportunity to trade more energetically, with a bit more vim and vigour, with the growth markets of the globe, from Asia to Latin America; and, of course, in those vital other areas of co-operation, including security, making sure that we retain those strong ties.

[Karen Lee (Lincoln) (Lab)]

T4. The European Court of Justice rulings that deemed that on-call working should be calculated as working time have been crucial in ensuring fair pay for residential care workers in the UK. What guarantees will the Government give to ensure that this vital protection will continue after the UK leaves the EU?

[Stephen Metcalfe (South Basildon and East Thurrock) (Con)]

T10. More than half the scientists currently working in the UK were born outside it. Does my right hon. Friend agree that it is essential that we allow scientists to continue to contribute to this country after we leave the EU?

[Dominic Raab]

My hon. Friend makes a good point. We are ending free movement. We want, in order to restore confidence in our immigration system, to control the numbers of people coming here. We want to make sure we have stronger checks at the border, for security purposes. But it is absolutely right to say that this country benefits from immigration, including in the way he described. The proposals we put forward on mobility will make sure we continue to do so in the future.

[Danielle Rowley (Midlothian) (Lab)]

T5. Does the Secretary of State still believe that EU proposals to promote gender parity in boardrooms amount to “tokenism” and that “inexperienced people” will end up on boards? If not, how will he promote gender equality through the Brexit process?

[Dominic Raab]

I thank the hon. Lady for that question. I am meritocratic to my heart; I do not believe in any discrimination, be it against men or women. Of course we are going to maintain our strong equality standards— and indeed reinforce them. We do not need Brussels for that; we need active and energetic Members in all parts of this House.

[Vicky Ford (Chelmsford) (Con)]

Many Conservative party members in Chelmsford voted leave, but when I met them last week the vast majority supported the Chequers deal and the White Paper. May I urge the new Secretary of State to continue to fight for a deal that delivers for our security and protects jobs?

[Dominic Raab]

My hon. Friend is absolutely right. She has a wealth of experience and expertise in all these different areas, and I have listened carefully to the strong contributions she has made in this House every step of the way. She will have seen the White Paper. I believe that, not just in the letter, but in the spirit, it will deliver the kind of Brexit she wants to see: one that is good for this country and good for our European friends, and one that will allow Britain to go from strength to strength.

[Kerry McCarthy (Bristol East) (Lab)]

T8. Last week, I visited a family-run company in my constituency that sells extreme sports goods to more than 80 countries. People there told me that reverting to World Trade Organisation rules would cost the company more than £1.6 million in tariffs alone. They also told me they had had overtures made to them by the International Trade Secretary and by the Secretary of State’s predecessor, on condition that when they met they did not talk about Brexit. When is the Secretary of State going to start listening to such family-run companies and hear about the impact that a no deal would have?

[Dominic Raab]

I thank the hon. Lady for that. She has always been powerful in her contributions, both on the European Union (Withdrawal) Bill and right throughout on Brexit. As she will know from the White Paper, we have a detailed set of proposals that are not only principled, but flexible, to make sure that we not only sustain the strong trade we want with our EU friends but take advantage of the global opportunities to trade more energetically. This will be good for exporters and for cutting the costs of living in this country by reducing prices.

[Julia Lopez (Hornchurch and Upminster) (Con)]

Following this week’s votes, which make aspects of the White Paper less tenable and certainly less likely to be accepted by the EU, has the Secretary of State had any discussions with No. 10 and within his own Department about modifying the UK’s negotiating position?

[Dominic Raab]

Our negotiating position is set out clearly in the White Paper. Obviously, we listen to my hon. Friend, who is a strong campaigner on this issue, with a powerful voice. We are listening to all sides, but what we need to make sure we do now is come together to deliver these proposals, get the best deal for the UK and forge the agreement with the EU. These proposals are a principled and pragmatic way of delivering that.

[Clive Efford (Eltham) (Lab)]

The National Audit Office says that unless we at least agree a mutually recognised driving licence, up to 7 million licences may have to be issued in the first year after Brexit alone, and that detailed delivery plans are yet to be completed. Is that not an example of our unreadiness for falling out of the European Union? What is being done to make sure that drivers can drive on the continent if we come out without a deal?

--- Later in debate ---

[Daniel Zeichner (Cambridge) (Lab)]

This week, the Office for Budget Responsibility followed the Institute for Fiscal Studies in pointing out that there is no such thing as a Brexit dividend. Given that the OBR was set up to provide expert advice to the Government, may we have an assurance that there will be no more talk from Ministers of this fantasy Brexit dividend?

[Dominic Raab]

It is clear that when we leave the EU and take back control of our borders, law and money, we will not be paying the gross contributions to the EU. We will continue some domestic payments in the way that we have described, but we will of course be able to take back control of our net contribution and will pay a lot less to the EU as a result.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I warmly welcome my hon. Friend the Member for Daventry (Chris Heaton-Harris) to his new role. Will he confirm that he will continue and build on the good work of my hon. Friend the Member for Wycombe (Mr Baker), and that he is by no means starting from scratch?

--- Later in debate ---

[Nick Smith (Blaenau Gwent) (Lab)]

Famers say that crops are rotting in the ground because of a lack of European labour. When will we see a seasonal agricultural workers scheme?

[Dominic Raab]

The hon. Gentleman is right to raise the issue of mobility. We detailed some of the proposals in the White Paper and we will of course take forward the negotiations. As he will know, I am seeing Michel Barnier later today. It is crucial that we make sure that we have a balanced approach to immigration in which we control the numbers coming here and make sure that we fill the skills shortages in the way that the hon. Gentleman has described, while also making sure that we restore public trust by having proper control over our borders and immigration policy.

[Several hon. Members rose—]

[Mr Steve Baker (Wycombe) (Con)]

Given that HMRC makes available online the documentation for its computable general equilibrium model, will the Department follow suit so that the public can be objectively informed about the shortcomings of such models and so that the model can be fully scrutinised by interested external economists?

[Dominic Raab]

I thank my hon. Friend for the first in what I am sure will be a series of valuable and important forensic contributions. I shall take a good, long, hard look at the matter.

[Alison Thewliss (Glasgow Central) (SNP)]

Andrew Muirhead Leather in my constituency has been in business since 1840 and relies on the EU for importing rawhides, exporting leather and chemical processing. Will the Secretary of State meet the people from Andrew Muirhead Leather to hear their concerns? They are extremely worried about what a no-deal Brexit would mean for their business.

[Dominic Raab]

We do understand some of the concerns relating to supply chains. If the hon. Lady looks at the White Paper, and in particular at the facilitated customs arrangement, she will see our approach and the detailed way in which we are going to resolve those concerns, not only to maintain that strong EU trade that I understand her constituents need, but to make sure that we grasp the opportunities of Brexit, particularly in respect of global trade.

[Jeremy Lefroy (Stafford) (Con)]

I welcome the association agreement with the EU that the White Paper seeks. Will my right hon. Friend therefore also seek a category of associate citizenship for UK citizens with the EU? I think that will be welcomed both by the European Parliament and by many, many millions of people in the United Kingdom who are losing their European citizenship and would like something to replace it.

Future Relationship Between the UK and the EU

Dominic Raab Excerpts

Wednesday 18th July 2018 Commons Chamber

[The Secretary of State for Exiting the European Union (Dominic Raab)]

I beg to move,

That this House has considered the future relationship between the United Kingdom and the European Union.

Let me begin by paying tribute to my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson). I could not make it into the Chamber, but I listened to his personal statement from my office. I pay tribute to the huge service that he did for our country during his tenure as Foreign Secretary, and also to the passion and optimism with which he spoke in relation to Brexit.

Last week the Government published their White Paper “The future relationship between the United Kingdom and the European Union”. It is a principled and pragmatic plan for the relationship that we wish to build for the future.

[Ian Murray (Edinburgh South) (Lab)]

I congratulate the Secretary of State on his promotion to his new role. He mentioned the personal statement made by the former Foreign Secretary in the House today. I wonder if he could tell us which parts of it he disagreed with.

[Dominic Raab]

I was paying tribute, and paying my respects, to the service that my right hon. Friend had done for this country as Foreign Secretary, and admiring the optimism and the passion with which he had spoken, particularly in relation to Brexit. It is not for me to pick at the detail of his statement. I think that all Members, whatever their views on Brexit, recognise the convictions held by other Members on both sides, and in all parties, in relation to this important matter.

As I was saying, the White Paper is a principled and pragmatic plan for the relationship that we wish to build for the future. It delivers on our dual strategic aim of taking back control over our laws, our money and our borders, while preserving and building on the historic ties with our EU friends—such as trade and security—that we all rightly prize.

The White Paper proposes a free trade area for goods to maintain frictionless trade, supported by a common rulebook and a new facilitated customs arrangement, but only for the rules that are necessary to provide frictionless trade at the border. That will help to secure the complex supply chains and just-in-time manufacturing processes that we have developed with the EU over 40 years. It will give businesses certainty and clarity, and will help us to preserve the jobs that thrive on the basis of frictionless trade across the border. Under those arrangements, businesses from Stockholm to Sunderland and from Cardiff to Krakow will be able to rely on smooth procedures to avoid any potential disruption of their livelihoods.

A key component of the free trade area will be our proposal for a facilitated customs arrangement, a business-friendly model that removes the need for new routine customs checks and controls between the UK and the EU while enabling the UK to control its own tariffs to boost trade with the rest of the world. The UK would apply the EU’s tariffs to goods intended for the EU, and its own tariffs and policy to goods intended for consumption in the UK.

[Mike Gapes (Ilford South) (Lab/Co-op)]

I have not yet had a chance to welcome the Secretary of State to his interesting post. What assessment has he made of the EU-Japan trade agreement that has just been announced? Will he take this opportunity to welcome it as a potential boost to trade for our country, and confirm that the Government are not planning to take us out of that arrangement?

[Dominic Raab]

I thank the hon. Gentleman for his kind words. That is a draft agreement, which has not yet entered into force. We will of course be champions of global free trade with precisely those emerging markets of the future, from Asia to Latin America, which is where the jobs and opportunities will come from. Like him, I want to see more of that. In fact, one of the advantages of leaving the EU is that we will be able to have an even more energetic and liberal approach to free trade.

[Sir Edward Leigh (Gainsborough) (Con)]

My right hon. Friend was talking about the facilitated customs arrangement. Before Monday, it was already going to be difficult enough to persuade the EU that it was in its interests for us to collect tariffs on its behalf, but after Monday’s vote the arrangements must be reciprocal. Is there the remotest chance of us persuading the EU to collect tariffs on our behalf on some distant border? It just will not happen. It’s dead in the water, isn’t it?

[Dominic Raab]

My hon. Friend mentions the earlier approach. Under the earlier proposals for a new customs partnership, businesses would only receive tariff rebates after tracking goods through the entire supply chain to the point of final consumption in the UK. In contrast, the FCA—I hope this addresses his point—will be an upfront system. That means that most businesses, the overwhelming majority, would pay the right tariff to begin with. Other businesses could claim a tariff repayment as soon as possible in the supply chain. We will agree with the EU the circumstances in which repayments can be granted. As the White Paper makes clear, we will negotiate a reciprocal tariff revenue formula, taking into account goods destined for the UK entering via the EU and goods destined for the EU entering via the UK.

[Mr Jim Cunningham (Coventry South) (Lab)]

What discussions has the Secretary of State had with companies in this country, such as Jaguar Land Rover, regarding their concerns about Brexit? What reassurances has he given them, or is it too early to ask him that question because he is fairly new in the job? I congratulate him on his appointment.

[Dominic Raab]

The hon. Gentleman is being far too kind, but I appreciate it. I have already met business leaders, from the Federation of Small Businesses to the CBI. The devil will of course be in the detail as we negotiate, but we have received a positive and constructive response. I will be meeting more business leaders on Friday, so perhaps next week I can fill him in further. I think it is widely understood that we have a principled but pragmatic and flexible approach that will preserve frictionless trade. The key advantage of the model we have is that it protects the UK-EU supply and value chains, and the businesses he refers to that rely on them. As well as supporting business, the approach would meet our shared commitments to Northern Ireland and Ireland in a way that respects the autonomy of the EU without harming the UK’s constitutional and economic integrity.

[John Redwood (Wokingham) (Con)]

Will my right hon. Friend confirm that a very large number of components and materials come into this country from non-EU sources every day and fuel just-in-time systems alongside things from within the EU, proving that there is not a border issue about running just-in-time without being within the EU ring fence?

[Dominic Raab]

I understand the point my right hon. Friend makes. What we are trying to do, and what I think this model does achieve, is to make sure that any potential disruption to businesses through the supply chains is minimised to the lowest degree. That is the aim, but I do understand the point he makes.

[Owen Smith (Pontypridd) (Lab)]

Will the Secretary of State give way?

[Dominic Raab]

I will make a little progress, but I promise the hon. Gentleman I will come back to him.

Alongside the close arrangements for goods, we will negotiate a wide-ranging but different approach on services, including the digital sector, which is one of the fastest growing sectors for the UK. That will protect businesses from unjustified barriers or discrimination. It will cover mutual recognition of professional qualifications and it will also preserve our regulatory freedom.

On financial services, we will seek a new partnership in that area, reflecting the mutual interests of the UK and the EU. This approach to services is based partly on the absence of any of the risks of border disruption that might affect trade and goods, coupled with the distinct advantage of regaining domestic regulatory control and the ability to forge new trade deals with fewer fetters so that we are well placed to grasp the opportunities of the future.

[Owen Smith]

I welcome the right hon. Gentleman to his new position. I hear what he says about the Government’s desire to retain as frictionless trade as possible, but does he share my concern that the chief executive of Airbus has said only today that he is so concerned about the prospect of friction that Airbus is having to stockpile components in this country lest the Government make a further mess of Brexit and we end up unable to have frictionless, just-in-time trade?

[Dominic Raab]

I think that, in the hon. Gentleman’s own elegant way, that was a backhanded welcome for these proposals to minimise any risks in that regard, and what we should now all do in all parts of this Chamber is not call for second referendums or returning to the customs union, but get behind the Government’s plan and show a united front so we get the very best deal for everyone in this country.

[Owen Smith]

Will you tell the former Foreign Secretary that?

--- Later in debate ---

[Dominic Raab]

I shall indeed, but I appreciate the support.

This is the ambitious and balanced approach reflected in the White Paper. As well as sensibly managing the risks of disruption to trade with our EU friends, it frees the UK to trade with greater vim and vigour with the rest of the world, and particularly to capture the growth markets and opportunities of the future. It will allow us to seize the opportunities for more liberal and energetic free trade arrangements with the export markets of the future from Mexico to Japan, which is important for creating the jobs of the future, and for cutting the costs of goods in this country to ease the cost of living for lower and middle-income families.

As we leave the EU, free movement will end. Our immigration policy will be set not in Brussels but by hon. Members elected by the people of this country in this House. We will design a new immigration system that works in the national interest: a system that enables us to control the numbers of people coming to live in this country and that places stronger security checks at the border. We will end free movement, but that does not mean pulling up a drawbridge or turning away the talent we need, and indeed want, for the UK to be an outward-looking nation attractive to investment and open to business.

In line with the arrangements we will negotiate with our close trading partners around the world, the White Paper makes it clear that we want to support businesses being able to transfer to their UK offices those from the EU with the bespoke expertise or experience required to deliver services here. We also want people to be able to travel without a visa between the UK and the EU for temporary business activity. We want families and youngsters to travel for holidays and tourism, and students to study at university across the continent. We can agree these common-sense reciprocal arrangements while regaining control of our immigration policy. That is the balanced approach that will best serve the UK.

[Robert Neill (Bromley and Chislehurst) (Con)]

I welcome my right hon. Friend to his post. Will he bear it in mind that there must be linkage between the very welcome liberal approach to visa regimes that he mentions and, in relation to professional services, mutual recognition of qualifications so that lawyers and other professional advisers can operate on the current fly-in, fly-out policy that is critical to the City of London and other financial sectors?

[Dominic Raab]

My hon. Friend makes the right point, and he will see extensive text in the White Paper covering precisely that point.

Our vision for a security partnership covers those vital areas and interests that we share in common. Our proposals will maintain operational capabilities that are necessary to protect our citizens, and enable rapid and secure data exchange, practical cross-border operational co-operation, and continued participation in key agencies including Eurojust and Europol, which already have partnerships with many non-EU countries. We will also pursue arrangements for co-ordination in other areas where we have mutual interests: foreign policy, defence, development issues, joint capability development and wider co-operation.

On the return of democratic control over powers and authority to the UK, the White Paper proposals end the jurisdiction of the European Court in the UK. Laws will be decided by elected Members in this House, and UK courts will no longer refer cases to the Luxembourg Court. In a limited number of areas we will choose to adopt common rules to ensure the free flow of goods, but that body of law is relatively stable and where there are any changes Parliament—this House—must approve them. When the UK and the EU need a clear and consistent interpretation of such rules, as between the UK and the EU, we can choose to make a reference to Luxembourg Court for such an interpretation, but the UK will have to agree to that first, and reference for legal interpretation is very different from giving the European Court the authority to apply the law to the facts or to decide which party to any litigation is successful in its claims. When the UK Supreme Court is no longer subordinate to the European Court, it will finally do what it says on the tin.

This is a principled and practical approach. We have shown flexibility as we strive for a good deal for both the United Kingdom and the European Union and as we demonstrate our ambition for a close partnership through the White Paper.

[Karin Smyth (Bristol South) (Lab)]

I am grateful to the Secretary of State for giving way, and I welcome him to his new position. He might be coming on to talk about Northern Ireland, but just in case he has no more to say than his brief comment, may I ask him a question? His predecessor admitted that he had not actually visited the border area, apart from on one brief occasion recently, for more than 20 years, since when times have changed massively. Will the Secretary of State give an indication today of whether he has any more plans, besides his rather vague infrastructure promises, for dealing with the question of the border between the Republic of Ireland and Northern Ireland?

[Dominic Raab]

I understand precisely the hon. Lady’s concern. This is an important and sensitive issue, and I will be engaging on the EU track in relation to it. I will also, at the right time, make sure that I am properly versed and properly briefed on the matter, and indeed that I visit the border area to take a look for myself.

It is worth emphasising two key principles that we share with our EU friends. The first is that article 50 dictates that a withdrawal agreement must come alongside a framework for the future agreement. The second, flowing from that, is that nothing is agreed until everything is agreed. The Government respect and prize both those principles, and we will not sign away our negotiating leverage or spend taxpayers’ money in return for nothing. In December, we agreed that the financial settlement would sit alongside a framework for a deep and mutually beneficial future partnership. We agreed that we would meet our commitments as they fell due, with ever-declining payments over a finite period that will add up to a tiny fraction of what our net contribution would have been as a member. If either side should fail to meet their commitments under this overarching package—we certainly do not expect that to be the case—that would have consequences for the deal as a whole that we are striving to secure.

[Stephen Kinnock (Aberavon) (Lab)]

I thank the Secretary of State for giving way and I should also like to take this opportunity to congratulate him on his appointment. On Tuesday, I hosted an event here in Parliament where the BeLeave whistleblower, Shahmir Sanni, told us that every member of the Vote Leave campaign committee knew precisely about the £680,000 that was donated by Vote Leave to BeLeave. The Secretary of State was of course an active member of the campaign committee for Vote Leave, and presumably therefore knew about that £680,000 donation. Given the importance of his role now in the negotiations with Mr Barnier, will he take this opportunity to set out in precise detail what he knew about that donation to BeLeave? This could be an opportunity to enhance and reinforce his authority and credibility in the negotiations.

[Dominic Raab]

I appreciate the hon. Gentleman’s efforts to try to strengthen my leverage in the negotiations to get Brexit delivered, and I take him at his word. I had nothing to do with any of the financial arrangements; I was on the campaign board. Those details are subject to investigation by the appropriate authorities, and I would just gently say to him that trying in this rather backhanded way to undermine the credibility and the verdict of the British people will only rebound on him—

[Stephen Kinnock]

It is the verdict of the Electoral Commission.

[Dominic Raab]

But the verdict of the British people is the one that we in this House must give effect to.

[Several hon. Members rose—]

[Dominic Raab]

I will not give way.

Tomorrow I will be in Brussels to meet my counterpart, Michel Barnier, to discuss the details of the White Paper and to take stock of the negotiations. The UK will extend the arm of friendship in a spirit of optimism and good will, backed by an ambitious and innovative plan that respects the position, interests and concerns of the EU. I certainly hope that that ambition and good will will be reciprocated.

[Sir Hugo Swire (East Devon) (Con)]

I also welcome my right hon. Friend to his place. When he meets Mr Barnier for the first time tomorrow, will he ask him, as evidence of that good will as the pace of the negotiations starts to increase, whether he will look again at the exclusion of Britain from some parts of the Galileo project and also address why the Department for International Development is being excluded from some projects that it co-funds with the EU?

[Dominic Raab]

I will certainly consider all those areas not only in detail, but in terms of the strategic overview and the state of play of the negotiations as a whole. As I said, I hope that the ambition and good will reflected in the White Paper will be reciprocated.

Equally, it is the duty of any responsible Government to prepare for every eventuality, including the unlikely scenario that we reach March 2019 without agreeing a deal. It is essential that plans are in place to mitigate risks and ensure stability whatever the outcome of the negotiations. The Government have been working on nearly 300 no-deal plans for almost two years, and some of them are already in the public domain. Last month, we passed the Nuclear Safeguards Act 2018, which provides the legal basis for developing our own regulatory system in that vital area. We have also been taking other practical action to ensure that the infrastructure is in place. For example, we have recruited 300 extra border staff, and a further drive to create another 1,000 was launched earlier this year.

Many of our no deal preparations have so far been developed internally and through targeted engagement with relevant parties. However, more of the preparations will now become public, and I can tell the House that the Government will release a series of technical notices over August and September to set out what UK businesses and citizens will need to do in the event of a no-deal scenario, thereby making the public more aware of our preparations. That due diligence is designed to provide reassurance. In reality, such planning cannot properly be done without some public-facing engagement.

[Thangam Debbonaire (Bristol West) (Lab)]

I add my congratulations to those of other hon. Members on the right hon. Gentleman’s appointment. He mentioned advance preparations, but I find it incredibly curious that it took two years before we even started them. He says that no responsible Government would wait to make backstop arrangements, but what happened before the referendum? What has happened over the past two years? Why have we waited until there are just weeks to go before making backstop arrangements?

[Dominic Raab]

I listen carefully to the points that the hon. Lady and all hon. Members make, regardless of their views on Brexit, but I just said that the Government have been working on 300 no-deal plans for almost two years. Planning has not just started. However, we are going to start increasing the pace of the preparations—

[Wera Hobhouse (Bath) (LD)]

Will the Secretary of State give way?

[Mr Steve Baker (Wycombe) (Con)]

Will my right hon. Friend give way?

[Dominic Raab]

May I make some progress? As a result of the further measures that we will be taking, more of the preparations will become public facing. It is important that we talk about that in order to reassure the public that it is the responsible thing to do.

[Mr Baker]

I congratulate my right hon. Friend on taking up his new post. As he knows, I am well familiar with the work that has been done. He may have heard my question at PMQs earlier, but may I put to him what I put to the Prime Minister? When technical notices or any communications related to no deal are released, will he please ensure that they are shaped to ensure that they support the credibility and feasibility of our plans, not only to give comfort and reassurance to business, but to strengthen our negotiating position?

[Dominic Raab]

This is an opportune moment to pay tribute to my hon. Friend for all his work in the Department, particularly on no-deal planning. He makes an excellent point that will be at the forefront of my mind as we continue to step up our preparations.

[Owen Smith]

Will the Secretary of State give way before he moves on?

--- Later in debate ---

[Dominic Raab]

I will not. Other people want to speak and I have already given way to the right hon. Gentleman.

We will strive in the spirit of optimism to strike the very best deal with our European friends but, whatever the outcome of our negotiations, we stand ready to make a success of Brexit.

--- Later in debate ---

[Dominic Raab]

indicated dissent.

[Keir Starmer]

It is no good the Secretary of State shaking his head, because that is what it says in paragraph 16 of the White Paper. It is complicated. It is no wonder that businesses have said that they are sceptical about it and it is no wonder that the EU has said that it does not think it can operate such a system. It is no doubt for that reason that paragraph 17a says, after a description of the arrangement:

“However, the UK is not proposing that the EU applies the UK’s tariffs and trade policy at its border for goods intended for the UK.”

There is no reading of that other than, “This is so complicated and bureaucratic that we know the EU will not be prepared to do it and we are not going to ask it to.” There is no other reading of that sentence.

Enter Monday’s European Research Group new clause 36, which says:

“Subject to subsection (2), it shall be unlawful for HMRC to account for any duty of customs or VAT or excise duty collected by HMRC to the Government of a country or territory outside the United Kingdom”,

unless

“arrangements have been entered into by Her Majesty’s Government and that government under which that government will account to HMRC for those duties and taxes collected in that country on a reciprocal basis.”

In other words, it will be unlawful for us to collect and account for taxes at our borders unless other countries and territories—the EU27—collect tariffs and account for them for us. It will be unlawful. The White Paper says that we are not going to ask the EU to do it, but new clause 36 says it will be unlawful if the EU does not.

[Dominic Raab]

indicated dissent.

[Keir Starmer]

I invite the Secretary of State to intervene if he wants to quibble with that analysis. By that amendment, the Government have cut across their White Paper and inevitably made it more difficult for the Secretary of State to negotiate with the EU when he goes there tomorrow, because the EU has said, “This is not attractive to us and we don’t want to do this.” The White Paper says that we will not ask the EU to— presumably, as part of that discussion, that makes sense as the logical next move—but Monday’s new clause, which was a wrecking amendment, has now made it unlawful for a sensible way to be found through.

[Keir Starmer]

I shall make further progress, then give way.

This is not just a forensic challenge to the White Paper; it is fundamental. Absent a workable customs arrangement, the Government have no answer to the question of how they would protect the manufacturing sector. Absent a workable customs arrangement—

[Dominic Raab]

The right hon. and learned Gentleman’s analysis is not that forensic, because—inadvertently rather than deliberately, I suspect—he omits the key words from the White Paper:

“The UK and the EU should agree a mechanism for the remittance of relevant tariff revenue. On the basis that this is likely to be the most robust approach, the UK proposes a tariff revenue formula”.

That, of course, will be agreed as well; that is what the negotiations are for. It is set out plainly and squarely in the White Paper, and I think he knows that.

[Keir Starmer]

I anticipated that challenge, and I anticipated that sentence. Let us read the sentence:

“The UK and the EU should agree a mechanism for the remittance of relevant tariff revenue.”

Will it be reciprocal or not? If it is not reciprocal, it will be unlawful; that is the difficulty. If it is intended to be reciprocal, what is the point of the sentence reassuring the EU that

“the UK is not proposing that the EU applies the UK’s tariffs and trade policy at its border for goods intended for the UK”?

Whatever the arrangement is, we know one thing about it: it will not involve the EU applying UK tariffs and trade policy at its border. Otherwise, what is the point of that qualification?

[Dominic Raab]

I am afraid that the right hon. and learned Gentleman is making a false distinction. The key line in the paragraph is that

“the UK proposes a tariff revenue formula, taking account of goods destined for the UK entering via the EU and goods destined for the EU entering via the UK.”

That is the most explicit statement of reciprocity. What more could he expect?

[Keir Starmer]

I invite the Secretary of State to intervene just one more time. What is the point of the sentence that follows the one that he has just read out?

[Dominic Raab]

It is the exception to those arrangements, which is that we are not requiring the EU to levy the tariffs.

[Keir Starmer]

This must be my failure to comprehend. There is an arrangement whereby tariffs are applied at the border and accounted for. The UK is not proposing that the EU applies the UK tariffs and trade policy at its border for goods intended for the UK, so how is it going to account for them?

[Keir Starmer]

I am grateful for that intervention, because it demonstrates why this is so important. Unless there is a customs arrangement that works for manufacturing, there is not an arrangement that works for manufacturing. The Government last night voted down an amendment to say, “If we cannot make something else work, we will have a customs union.” So if this does not work, there is nothing for manufacturing. Equally, if this does not work, there is nothing for Northern Ireland.

[Dominic Raab]

indicated dissent.

[Keir Starmer]

The Secretary of State shakes his head, but if this does not work, what is the plan? If he wants to intervene, that is fine. If this plan does not work—if this facilitated customs arrangement is not acceptable—the default, according to the Government, is not a customs union. What is the plan?

--- Later in debate ---

[Dominic Raab]

This model will work. I gently say this to the right hon. and learned Gentleman: if he cared about it that much, why did the Labour party go into the last election committed to having an independent trade policy, which can only mean leaving the customs union?

[Keir Starmer]

I really do not like the Secretary of State saying, “if he cared about it that much”. The suggestion that we are not both engaging in a difficult analysis of the White Paper with the interests of our country at heart is not fair. I care about this greatly, because without the right arrangement, I genuinely believe that manufacturing in this country will be at risk. Having worked in Northern Ireland for five years, I genuinely believe that, without a working arrangement, the solemn commitment to no hard border in Northern Ireland may not be kept. It is really serious, and point scoring about whether one is serious about it or not does not help; doing so demeans the Secretary of State in his role. It is not the way to conduct such debates.

It is not just the manufacturing sector; the White Paper’s proposals on services reveal a huge black hole. Likewise, the proposals on rights and protections are simply inadequate. On social rights, employment rights and environmental rights, there is a non-regression approach: we will not necessarily keep up and we will not necessarily improve, but things will not necessarily get worse.

There is no clarity on the role of the European Court of Justice. [Interruption.] The Secretary of State says, “It ends”, but it clearly does not end. The European Court has two different primary jurisdictions: first, dispute settlement; and, secondly, reference. That is the jurisdiction that it has had, as he very well knows, with his experience. The second of those is being preserved for everything in the common rulebook. That is why it has caused such difficulty within his own party. The jurisdiction of the Court would exist on reference procedure for that wide range of issues, and he well knows it. It will operate, I should imagine, in precisely the same way that it operates now. That is, there will be a reference to the Court, the Court will decide the question before it, it will give a ruling and an interpretation, and that interpretation will be binding, because if it is not, there is no point in that reference procedure, as he knows.

[Dominic Raab]

indicated dissent.

[Keir Starmer]

Well, if the Secretary of State is going to suggest that the reference to the Court is for a ruling that is not binding, I will be very interested to hear about it, because there is not much point in referring something to a court for a ruling and then saying, “Well, it’s very nice but we’re not going to apply it.” The whole thing only works if the ruling of the European Court can be binding.

The proposal for the labour mobility framework says things about business trips and tourism, but is completely silent on the terms under which EU citizens will be able to live and work in the UK and UK citizens in the EU.

The grim reality is this: it has taken two years to get to this point, yet, on analysis, there is nothing there—or, more accurately, there is nothing that the warring Conservative party can agree on. The Prime Minister’s plan is exposed as unworkable and unacceptable to her own party, but she cannot move forward, as Monday night showed, and she cannot move backwards, as last night showed. That is not taking back control; it is no control—stalemate. But the country cannot keep paying the price for these divisions in the Conservative party. We need a Brexit plan that can unite the country and protect jobs and the economy, and I am sorry to say that this White Paper is not it.

EU: Future Relationship White Paper

Dominic Raab Excerpts

Thursday 12th July 2018 Commons Chamber

[The Secretary of State for Exiting the European Union (Dominic Raab)]

With permission, Mr Speaker, I will make a statement about the UK’s future relationship with the European Union.

I pay tribute both to my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) for his Herculean efforts and to my hon. Friend the Member for Wycombe (Mr Baker) and the wider Department for Exiting the EU team for getting us to this point in both the negotiations and the successful passage of the European Union (Withdrawal) Bill through Parliament. It is a striking achievement. My right hon. Friend is a loss to Government, but I suspect, with the mildest apprehension, a considerable gain to this House.

Today, we publish the Government’s White Paper on the UK’s future relationship with the EU. It is a new and detailed proposal for a principled, pragmatic and ambitious future partnership between the UK and the EU in line with the policy agreed at Chequers last week. I have now placed a copy of the White Paper in the Libraries of both Houses.

Let me briefly set out the key proposals. The Government are determined to build a new relationship that works both for the UK and the EU: one that is grounded in our shared history, but which also looks to a bright and ambitious future; and a relationship that delivers real and lasting benefits to both sides.

First, the White Paper confirms that the UK will leave the European Union on 29 March 2019, forging a new way in the world, outside the single market and outside the customs union. It safeguards the constitutional and economic integrity of the UK. It reclaims the UK’s sovereignty and it protects our economic interests by minimising the risk of any disruption to trade. It delivers on the instruction that we received loud and clear from the British people to take back control over our laws, our borders and our money.

In delivering on this vision, the Government propose an innovative and unprecedented economic partnership based on open and free trade, maintaining frictionless trade through a new UK-EU free trade area for goods, underpinned by an ongoing common rulebook covering only those rules necessary to provide for frictionless trade at the border. This will support business and meet our shared commitments to Northern Ireland and Ireland, avoiding reliance on the so-called backstop solution. A key component of this will be our proposal for a facilitated customs arrangement—a business-friendly model that removes the need for a new routine customs check and controls between the UK and the EU, while enabling the UK to control its own tariffs to boost trade with the rest of the world. We want a deep and comprehensive deal on services, based on the principles of international trade. Our approach minimises new barriers to service provision, allowing UK firms to establish in the EU and vice versa, and provides for mutual recognition of professional qualifications.

On financial services, we propose a new economic and regulatory approach with the EU that will preserve the mutual benefits of our uniquely integrated markets, while protecting financial stability and, critically, the autonomy of our own rule making. Crucially, our proposals on services provide the UK with regulatory flexibility in the sector, including our dynamic, innovative and digital sectors, which will in turn open up new possibilities in relation to trade with the wider world.

As we leave the EU, free movement of people will come to an end. We will control the number of people who come to our country. We will assert stronger security checks at the border. [Interruption.]

[Mr Speaker]

Order. The Secretary of State is trying to complete his statement in circumstances in which there is manifest discontent in the Chamber. Let me say to the right hon. Gentleman, whom I welcome to his new responsibilities and whom I congratulate on his promotion to the Cabinet, that I recognise that collective decisions are made upon these matters and they are not all his individual doing. It is a source of considerable unhappiness in this Chamber, as is manifest—and has been over the last hour or so—on both sides of the House, that the right hon. Gentleman is delivering a statement about a White Paper, copies of which are not currently available to Members of the House of Commons. I say to the right hon. Gentleman that it might be considered courteous now to indicate at the Dispatch Box if he so wishes, in terms that brook of no misunderstanding, that he is of course perfectly happy for Members to have copies of the White Paper about which it is intended that they should question him. If he would be good enough to make that clear, it would greatly assist the House. Were he not to do so, I think that the consequence in terms of Chamber unhappiness would become that much more stark.

[Dominic Raab]

Thank you for your warm words, Mr Speaker. The White Paper should have been made available. It will be made available as soon as is practically possible and—[Interruption.]

[Mr Speaker]

Order. I am grateful to the Secretary of State for what he said. I am advised that copies are available to some people. If there are copies in the Vote Office, all I am asking the right hon. Gentleman is this: is he content, as a member of Her Majesty’s Government—indeed, the Cabinet thereof—that Members of Parliament should have a copy of the White Paper about which they are to question him? It is quite a simple inquiry.

[Dominic Raab]

Yes, of course. Just for clarity, it is already available on the website for anyone who wishes to procure it that way. [Interruption.]

[Mr Speaker]

Order. I genuinely thank the Secretary of State for saying that and I appreciate that he is attempting to co-operate. As the document is in the Vote Office, but the timing of the release of the document is a matter for those who own the document—in this case, the Government—all I am asking is, is the right hon. Gentleman content that copies should be given out by the Vote Office immediately?

[Dominic Raab]

Yes, absolutely.

[Mr Steve Baker (Wycombe) (Con)]

On a point of order, Mr Speaker.

--- Later in debate ---

[Mr Speaker]

I am grateful to the hon. Lady for her point of order. I do not think it is right for me to suspend for a sustained period off my own bat, in the expectation—perhaps even the knowledge—that there would be very strongly differing views about such a suspension. [Interruption.] Order. Even as the hon. Lady raised her point of order, I heard Members expressing enthusiasm for the idea and Members expressing opposition. I do not think it would be the right thing to do now, in all honesty. There will be an opportunity for a general debate on our relationship with Europe post Brexit on Wednesday, and Members know that there are other opportunities to put urgent questions. I know that the hon. Lady is concerned about the legislative business on Monday. My advice to her is that she should form the clearest possible impression of Government policy and intent today before making such judgments as she and others have to make. The exchanges on this statement will be run fully. I think I will leave it there for today. I thank the Secretary of State for his forbearance.

[Dominic Raab]

Thank you, Mr Speaker.

As we leave the EU, free movement of people will come to an end. We will control the number of people who come to our country. We will assert stronger security checks at the border. The Government will also seek a reciprocal mobility arrangement with the EU in line with the approach we intend to take with other key trading partners around the world. In practice having ended free movement, this is about enabling firms to move their top talent across borders to deliver services, facilitating travel without a visa for tourism and business trips, and making sure that our students and youngsters in the UK and the EU continue to benefit from the educational opportunities in universities and colleges—and indeed from the rich tapestry of cultural life right across the continent.

Next, the White Paper addresses Europe’s security, which has been and will remain the UK’s security. That is why the Government have made an unconditional commitment to maintain it. The Government’s proposal is for a new security partnership with the EU to tackle the shared, complex and evolving threats, enabling the UK and the EU to act together on some of the most pressing global challenges. It is important that the UK and the EU can continue operational co-operation on law enforcement and criminal justice to keep people safe right across Europe. Our proposals extend to other areas of co-operation of vital importance to the UK and the EU, including the continued protection and exchange of personal data; new arrangements on fishing; and co-operative accords on science and innovation, culture, and defence research.

When we leave the EU, the European Court will no longer have jurisdiction over this country. At the same time, we will need to be able to interpret what we have agreed accurately and consistently, and to manage any future bones of contention sensibly and responsibly. Our proposals provide for proper accountability and the consistent interpretation of UK-EU agreements by both parties. We envisage resolving disputes that may arise through arbitration. That is fair, balanced, and reflective of global practice. To provide the foundation for a new and enduring relationship, the agreement must be flexible enough to enable us to review and, if necessary, revise its operation over time in the best interests of this country, as is common in free trade agreements across the world.

I would like to make one thing very clear: we will not sign away our negotiating leverage or spend taxpayers’ money in return for nothing. The financial settlement that was agreed in December, which substantially lowered EU demands, was agreed on the basis that it would sit alongside a deep and mutually beneficial future partnership. We agreed that we would meet our commitments as they fall due, with ever-declining payments over a finite period that add up to a tiny fraction of what would have been our net contribution. Both sides have been clear that nothing is agreed until everything is agreed. Indeed, that is in keeping with the spirit of article 50. There should be a firm commitment in the withdrawal agreement requiring the framework for the future relationship to be translated into legal text as soon as possible. Of course, if one party fails to honour its side of the overall bargain, there will be consequences for the whole deal. For our part, today, with the publication of this White Paper, the UK Government are demonstrating, in good faith and with good will, our ambition and resolve to ensure that we do build that deep and special partnership.

The Prime Minister first outlined the blueprint for a deep and special relationship with the EU at Lancaster House, and expanded on it further in speeches in Florence, in Munich, and at Mansion House. Those speeches have shaped and continue to shape our negotiations with the EU. I am confident that a deal is within reach, given the success of the Prime Minister and her negotiating team so far. Most issues under the withdrawal agreement have by now been resolved, with a deal in place to secure the rights of over 3 million EU citizens living in the UK and about 1 million UK citizens living in the EU. We have agreed a time-limited implementation period that gives businesses, government and citizens the certainty to plan their lives and invest for the future. We will shortly publish a White Paper on the withdrawal agreement and implementation Bill setting out how we will give effect to the withdrawal agreement in domestic law and demonstrating to the EU that the UK is a dependable negotiating partner—one that will deliver on its commitments.

Our discussions with the EU will squarely focus on our shared future. This White Paper sets out how we can achieve that new partnership. Now it is time for the EU to respond in kind. We approach these negotiations with a spirit of pragmatism, compromise and, indeed, friendship. I hope and trust that the EU will engage with our proposals in the same spirit, and I plan to meet Michel Barnier next week to discuss the detail in person.

At the same time, the Government are preparing in the event that that spirit of pragmatism and good will is not reciprocated. On Monday I spoke with my right hon. Friend the Prime Minister, and we agreed to step up our planning for the no deal scenario so that the UK is ready for Brexit no matter what the outcome of these negotiations is. That is the responsible thing for a Government to do.

This White Paper sets out the right Brexit deal, delivering on the result of the referendum; taking back control over our money, laws and borders; supporting the economy by maintaining a strong trading relationship after we have left; ending free movement while avoiding a hard border between Northern Ireland and Ireland, or indeed between Northern Ireland and Great Britain; restoring sovereignty to Parliament and the authority of the UK Supreme Court; seizing the opportunity to forge new trade deals around the world; and maintaining co-operation with the EU in the many other areas that we prize, including security co-operation to keep our people safe. This is our vision for a bold, ambitious and innovative new partnership with the EU. Principled and practical, faithful to the referendum, it delivers a deal that is good for the UK and good for our EU friends. I commend this statement and the White Paper to the House.

--- Later in debate ---

[Keir Starmer]

Thank you, Mr Speaker. I did not say anything because I assumed the Secretary of State was being briefed on the contents of the White Paper.

As for the facilitated customs arrangement, we think the proposals would be a bureaucratic nightmare, unworkable and costly for business. They rely on technology that does not currently exist. If, based on analysis, the EU27 agree with that assessment and reject the proposal on a customs arrangement, is the Government’s position that we should then negotiate a customs union with the EU, as the majority in the House think we should? On services, there is almost nothing, so again, if the Government’s proposals for mutual recognition and enhanced equivalence fail, what then?

In the short time I have had available to me, a number of features of this White Paper have leaped out. Vis-à-vis travel to work, the Secretary of State said in his statement that that was for business trips. The White Paper says that it is for “business activity”. I wonder if he could clear up the difference between the two. That is in paragraph 76 of chapter 1. Paragraph 89 of chapter 1 refers to reciprocal arrangements on social security. Could he elaborate on what that is? Paragraph 4 of chapter 4 says that the UK’s proposal

“would take the form of an Association Agreement”.

Again, could he elaborate on that? In paragraph 42 on page 93, there is a reference to the role of the European Court and interpretation. Perhaps he could elaborate on that as well.

Coming 15 months after article 50 was triggered and just three months before the article 50 agreement is expected, this White Paper has obviously arrived very late in the day. The Chequers statement unravelled in two days. When the details of this White Paper are examined, there are very few reasons to believe it will not suffer the same fate.

[Dominic Raab]

May I just apologise for the late arrival of the White Paper? We will look into what happened with the Clerks. I apologise to the right hon. and learned Gentleman, and we will avoid its happening again.

I thank the right hon. and learned Gentleman for his generous welcome. I noticed that it came in two parts, but I am genuinely looking forward to working with him at this historic crossroads for our country. Like him I am a recovering lawyer, like him I voted to trigger article 50, and at the last general election we both stood on manifestos that promised the British people we would leave the EU, so I hope he will forgive me if I remind him of that every now and again.

The right hon. and learned Gentleman made some rather disobliging comments on unity. May I say to him ever so gently that people in glass houses should not throw stones? At the last count, there have been 103 Front-Bench resignations from Labour under its current leader, a record that is unlikely to be rivalled any time in the foreseeable future.

The right hon. and learned Gentleman made a number of procedure and process points, which rather seemed to be displacement activity for anything Labour might have to say on the substance of Brexit. [Interruption.]

[Mr Speaker]

Order. I do intend to call everybody to question the Secretary of State. It is only fair that questions are heard with courtesy, and that the replies are heard with courtesy.

[Dominic Raab]

I am grateful, Mr Speaker.

The right hon. and learned Gentleman made some specific points. He asked if I agreed with the White Paper. Yes, of course. He asked whether the White Paper was a starting point for the negotiation or the end point. It is for the negotiation, but we are confident that it is a principled, practical approach that can deliver a lasting deal and a good deal for this country and for the EU. He made some comments about services. In fact, we are looking to make sure that we have full autonomy over rule making in relation to services, with arrangements for recognition so that we retain our services provision between the UK and the EU, but are freed up to trade in services more energetically and more liberally through the trade deals we do right across the world.

On free movement, the White Paper is clear, if the right hon. and learned Gentleman wants to read it in good faith and understand our position. We have made it clear that we are ending free movement. That means we are going to take back control of our borders. It means that we will have stronger security checks at the border. It also means that we will have control over the number of people who come to this country. At the same time, we want Britain to be an open, outward-looking country. We want to encourage and facilitate business trips from the EU to the UK—that is common sense. We want to make sure there is visa waiver travel for tourism such as family holidays—that is common sense. For students and young people wanting to engage in research or go to university, or indeed to engage in the cultural activities across the continent, we obviously want to have sensible arrangements—that is common sense too.

The right hon. and learned Gentleman talked about the customs union and the single market. He needs to be clear: if Labour’s position is to remain in the single market or the customs union and if, as he has said before, freedom of movement is “up for negotiation”—his words, not mine—that would break every promise every Labour candidate made at the last election to end free movement. The Government now stand ready to work with the EU over the coming weeks, ahead of the European Council in October. We must move at pace and we must negotiate with resolve to deliver the prosperous and secure future that all our peoples deserve.

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

First, may I welcome my right hon. Friend to the Cabinet? I have believed for a long time that he should have had a place in it before. In welcoming him, I also recognise, however, that this is a very complex issue. My own personal views on this will be no secret to him. I have deep misgivings about what the Government are proposing. Having voted to leave, I voted to leave, not to half leave.

I want to raise paragraph 7d with my right hon. Friend. To pursue what the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) said for the Opposition, we have seen very little about the migration proposals, which seem to be out there as part of what might be referred to as negotiating capital. To follow on from his question, which I think was quite legitimate, the phrase at the end of paragraph 7d is

“arrangements that the UK might want to offer to other close trading partners in the future”.

My simple question is: when the Government go to discuss, negotiate or confer with the EU, whichever phrase suits, does my right hon. Friend believe that the Government will be prepared to withdraw the rights to benefits of those who come without jobs?

[Dominic Raab]

I thank my right hon. Friend. Let me give him some assurance: free movement will end; it is not up for negotiation. Equally, when countries right around the world engage in free trade negotiations, the issue of visas is often considered alongside them, and that is the approach we will take.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

I, too, must wish the Secretary of State the very best of British luck in his new role.

Brexit was of course a disastrous outcome of Tory infighting, and it now looks as though the Tory compromise last week is also falling victim to Tory infighting. It is an embarrassment and massively damaging. In January last year, the Prime Minister laid out 12 principles to underpin her Brexit process. The first was certainty and clarity, but we have had neither. The take-home from this latest Brexit White Paper seems to be that we are leaving the EU but we are putting in place regulations to comply with EU regulations on the movement of goods, so we will have no say in the decisions but we will abide by them. What mechanism will check the UK’s regulatory compliance with EU rules to allow access to the market? Will the UK use EU standards in negotiations on other trade agreements, or will there be a whole different set of standards for each agreement? Even more importantly, services make up 80% of the UK’s economy, and paragraph 48 of the White Paper says that

“the UK and the EU will not have current levels of access to each other’s markets.”

That is the Government limiting the sector’s access to the world’s biggest market, which is massively damaging. What measures will the Government bring in to compensate for that bizarre and unhelpful move?

Scotland is right in the firing line of this Brexit dither and indecision—damaged yet again by Tory infighting and intransigence. Is it not time that the Government accepted that this is a wrong-headed scheme and kept us in the single market and the customs union? They would be well advised to take the measured and sensible approach recommended by the Scottish Government ahead of last week’s Joint Ministerial Committee. Will that be considered? The Government’s own analysis has shown that Brexit is massively damaging, no matter what protections are offered. Will the Government now listen to wiser heads, reverse course for everyone’s good, and stay in the single market and customs union?

Lastly, what on earth is happening in this place? Not only did the Opposition parties receive copies of the White Paper appallingly late, but it is customary for party spokespeople to have sight of statements before Ministers rise to their feet, not during the statement, as happened today. This Government’s contemptuous treatment of this Parliament has once again been laid bare for all to see.

[Dominic Raab]

First, the decision to leave the EU was not a decision by any political party; it was a decision by the UK in a referendum—free and fair—of which every party in this House, when the legislation providing for it was passed, agreed to respect the outcome.

In relation to goods and services, we will be taking the decision to agree to a common rulebook, because we want to mitigate any risk of friction at the border. However, this House and the Government—the UK—will have the chance to feed in to any potential changes that may occur over time through consultation. Ultimately, there is a parliamentary lock to make sure that elected Members of this House have the last word. The reality in relation to goods is that the corpus or body of law remains relatively stable. Unlike goods, services are not affected by friction at the border—they are not subject to tariffs or customs—and unlike the vast majority of manufactured goods and agri-food products, most services are not subject to specific standards. The hon. Lady complained about rule taking in relation to goods and then she complained about our not being subject in relation to services. That made no sense at all.

[Sir William Cash (Stone) (Con)]

I am deeply worried about the proposals I have read already in the White Paper and in the three-page document that we received the other day, for this reason. On the issue of the sovereignty of Parliament, we passed the European Union (Withdrawal) Act 2018, which repeals the European Communities Act 1972, but under the proposals as I read them—the so-called parliamentary lock, and compliance with a common rulebook—for dealing with regulatory rule taking from the EU and the discussions that will place around it, page 91 of the document tells us that rule changes will be scrutinised

“in accordance with normal legislative procedure”,

and that “Parliament could decide” not to enact them. I understand what that is getting at, but if I may say so, I assure the House, as Chairman of the European Scrutiny Committee and having been on that Committee for 33 years, that never in my experience—despite what was promised in the White Paper in 1971, before the 1972 Act—has there ever been an occasion when the House has overturned a European regulation, which puts me on serious caution. I therefore have to ask: how would this system work in practice, would it be Whip-ridden, and would the so-called parliamentary lock be burglar-proof?

[Dominic Raab]

I thank my hon. Friend for his comments and pay tribute to his huge experience in this area. On parliamentary scrutiny and the UK’s ability to control any changes to the common rulebook for goods, as I said, let us be clear that we would expect to have a proper dialogue about any changes that were made on both sides and there would be a parliamentary lock to ensure proper democratic oversight in translating those changes into legislation in this country. If this House and Parliament decided not to do that, that would have consequences for the agreement, and that would feed back into the review mechanisms and dispute resolution mechanism that we have carefully tailored. We have sought that balanced approach to ensure we have consistent interpretation of the rules that we will apply in that area, while retaining democratic oversight in this House.

[Hilary Benn (Leeds Central) (Lab)]

May I say to you, Mr Speaker, that I hope a new principle has been established today that, in future, Members of the House will receive copies of White Papers at the same time as members of the fourth estate? In welcoming, genuinely, the Secretary of State to his post—a post that has many challenges—may I suggest that he organise a briefing for Members of the House, with officials, on the White Paper, in line with the very helpful briefing that was held on Monday on the Chequers agreement?

In the statement on the Chequers agreement, the Government said that they would “commit by treaty” to ongoing harmonisation with EU rules on goods. If the facilitated customs arrangement is agreed by the EU, will it be ready to be implemented by 31 December 2020? If not, what arrangements do the Government propose to put in place to cover the gap there would then be between that date and the date on which the new arrangements would finally and fully come into effect?

[Mr Speaker]

Before the Secretary of State replies, let me say that I entirely accept what the right hon. Gentleman has just said. For the avoidance of doubt, and for future good practice, it must be accepted that documents about which statements are to be made should not first be released to the media, even under protected conditions—other than in the most exceptional circumstances—before being released to Members of the House. The Secretary of State is a very assiduous parliamentarian and a person of great courtesy, so it seems to me obvious that he will readily accept that. When a point is made with such force by the Chair of a Select Committee, and a similar point is made by the Chair of the Liaison Committee, I think I am right in saying that that point brooks no contradiction.

[Dominic Raab]

I certainly accept your point, Mr Speaker, and I will take away and consider carefully the suggestion made by the right hon. Member for Leeds Central (Hilary Benn). He asked about implementation of the agreement and whether we will be ready. To some degree that depends on the precise contours of the deal that we strike with the EU, but we are straining every sinew to ensure that all the preparations, both legislative and administrative, are in place to ensure that we deliver on any deal that we strike with the EU.

[Mr Steve Baker (Wycombe) (Con)]

Without wishing to be at all indiscreet, paragraph 54 on page 95 of the White Paper, regarding legislation, puts me in mind of discussions about the negotiability of my preferred way of implementing the withdrawal agreement and implementation Bill, in relation to the implementation period. For what reason does the Secretary of State think that he can negotiate with the EU a mechanism that does not accept the principles in the European Communities Act 1972, that is, that EU law where we accept the acquis comes directly into our law, without this Parliament having a veto?

[Dominic Raab]

I pay tribute again to my hon. Friend for all his work as a Minister and tireless parliamentarian in this House. In reality, no off-the-shelf model will work for the bespoke relationship that we need with the EU. It is imperative to give effect to the referendum and take back control over our borders, our laws and our money, but at the same time we must forge a new relationship, given the long-standing and deep relationship that we have had as an EU member, and our desire—which I think is replicated on both sides—to continue co-operation in those areas that both sides prize.

[Tom Brake (Carshalton and Wallington) (LD)]

I welcome the Secretary of State to his position—he has had his first taste of the Brexit shambles that is being inflicted on this country. I welcome his support for the principle that people can change their mind. He will remember that he said in 2016 that Tory MPs might push for a second referendum after 2020 if the remain side were to win, so I assume he will be backing calls for a final say on the deal. Can he point to the section in the White Paper that sets out the cost to British businesses, households and jobs of this Brexit folly? People are entitled to know the true cost of the Secretary of State’s Brexit obsession.

[Dominic Raab]

The entire approach of the White Paper is to ensure frictionless trade between the UK and the EU, and to minimise the risks that the right hon. Gentleman is concerned about. On referendums and second referendums, if the right hon. Gentleman had read the whole article, rather than a selective snippet, my point was that under the European Union Act 2011, which was passed by this House, there would always be ongoing and further opportunities for a referendum. What I did not do, which the right hon. Gentleman did, is stand up during debates on the European Union Referendum Act 2015, and say that we would all respect the outcome of a referendum, and then renege on that. That shows bad faith to the electorate.

[Mr John Baron (Basildon and Billericay) (Con)]

I welcome my right hon. Friend to his post. I know he will be well aware of the deep concern on both sides of the House about the extent to which the UK will become a rule taker under the so-called common rulebook. Has he had time to make an early assessment about the percentage of our goods that will be subject to that common rulebook? By way of illustration, can he answer a question that I have been asking but for which I have so far received no answer: under this common rulebook, will we be able to ban the export of live animals to the EU? That is something that we as a country wish to do, but we are unable to do that if we remain members of the EU.

[Dominic Raab]

I understand my hon. Friend’s concerns, and in my earlier remarks I addressed points about how in practice this House will retain scrutiny. Under the facilitated customs arrangement, up to 96% of UK goods trade is likely to pay the correct or no tariff at the border. I hope that that gives him a sense of the minimisation of disruption that we will achieve.

[Chris Bryant (Rhondda) (Lab)]

The problem still remains that there is no majority for this in the House of Commons—to be honest, the sooner we have a vote on it the better, because it will save the Government a lot of time. I welcome the right hon. Gentleman to his post. I have found him to be a very good Minister to do business with. I hope, however, that today has shown that the more the Government try to use the powers of the Executive to skirt around the side of Parliament, the less likely they are to achieve an agreement in the House that can eventually be sold to the European Union. I urge him to work with all Members of the House to try to get a better deal. Otherwise, we will fall out of the European Union without a deal, and that will harm our security.

[Dominic Raab]

I respect the hon. Gentleman’s views, and even though we differ on this issue, we agree on many other things. I will certainly take up the offer to work with him in future as the negotiations and legislation unfold. I say gently, however, that all Labour and Conservative Members stood at the last election on manifestos that committed to leaving the EU. We cannot leave the EU and stay in the single market and the customs union. No amount of haggling over procedural or process points can mask the divisions among Labour Members, or their failure to take a decision about what their position on Brexit should be.

[Dr Sarah Wollaston (Totnes) (Con)]

I thank you for your comments, Mr Speaker. I welcome the Secretary of State to his post, but I do not think it possible for Members to question him about the White Paper without having had a chance to read it. He said that he will step up planning for a no-deal scenario. Will he commit to publishing the consequences of no deal for individuals, communities and the economy, so that we can all assess what its impact will be?

[Dominic Raab]

I respect my hon. Friend’s views, and I know she takes a close interest in these matters. I seem to remember that under previous Administrations statements and hard-copy documents were received very late, but I have apologised for what happened today, and I will endeavour to ensure that it is not repeated. On her broader point, we have tough choices to make, and the White Paper seeks to reconcile the challenge of ensuring that we leave the customs union, with all the benefits of that and opportunities to be grasped, while also minimising any potential disruption to trade. I will release more details to the House about our no-deal planning in due course.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

Only 20 paragraphs of the White Paper are about immigration, and they are very narrow—they just talk about business transfers, temporary business services, tourists and students. There is no reference to what would happen if, for example, the NHS wanted to recruit long term from the EU, perhaps for nurses or care workers. Is that because the Government are ruling out any provisions to support long-term recruitment, or because they have not yet worked out how that would happen? Also, does the Secretary of State agree that it is really important that, as we discuss immigration reform, none of us reverts to the kind of divisive language we heard during the referendum campaign?

[Dominic Raab]

I thank the right hon. Lady for those points. The White Paper actually sets out the position very clearly: we are ending free movement but we want to take a sensible approach to matters such as business trips, holiday travel, research and students coming from the EU to the UK, and vice versa. Of course, we will consider the matter further when my right hon. Friend the Home Secretary brings forward that legislation. As we have said on free trade agreements that we will be forging with countries around the world, the issue of visas will be subject to those negotiations, just as with the EU.

[Sir Roger Gale (North Thanet) (Con)]

My right hon. Friend’s commitment to animal welfare is well known. Can he assure the House that there is nothing in the common rulebook proposals that would frustrate the ambition of our right hon. Friend the Secretary of State for Environment, Food and Rural Affairs to improve and enhance animal welfare post Brexit?

[Dominic Raab]

We have checked very carefully to ensure that that will not be the case, and we will keep that in mind as we proceed with the legislation and with the negotiations.

[Mr Ben Bradshaw (Exeter) (Lab)]

Only half a page of this document is about health—and that relates to infectious diseases—despite a recent Health Committee report stating clearly that patients’ lives and safety will be in danger if there is any interruption at all to the supply of vital medicines and medical equipment into this country. How is the Secretary of State going to guarantee that there will be no such interruption, and avoid the kind of scenario in which patients’ lives and safety are put at risk?

[Dominic Raab]

The NHS is already making sure that we have all the plans in place to provide the drugs and the doctors and nurses that we need. Of course, with regard to our approach to visas and immigration more broadly, we can ensure, because we are taking back control of our immigration policy, that we have the right checks in place, whoever they are for, including nurses and doctors, and that for medicines and other goods we have the right approach for the country.

[Sir Peter Bottomley (Worthing West) (Con)]

The House will have heard with interest the suggestion that both the House and the Government should consider whether papers can be released to MPs at the same time as they are released to the press, because Select Committee reports have had the same kinds of procedures as the Government have up to now.

People should be aware that my right hon. Friend, whom I welcome to his new post, received a Sergei Magnitsky human rights award last November for political campaigning on a cross-party basis. We hope that his progress on exiting the EU will have the same kind of cross-party support, because most voters and most MPs want to see progress.

As the European Union cannot make an agreement with us until we have left, what will the procedures be to ensure that the agreements we make with it after implementation will be carried through?

[Dominic Raab]

I thank my hon. Friend. We have made it very clear that there is no deal until the whole deal is done. That means that, in relation to the sequential nature of these negotiations, there will be a link between the two. If, having agreed the withdrawal agreement, we found that progress towards the future trade and special partnership arrangements was not proceeding at pace, there would be consequences for the rights and obligations that the UK has undertaken, including financial obligations.

[Kate Hoey (Vauxhall) (Lab)]

In welcoming the Secretary of State to his post, may I add my voice to the idea that it is nonsense that we got this White Paper so late? Can he confirm that Angela Merkel did not have a copy before we did? Will he state categorically that after we leave the European Union no person living in a Commonwealth country will be treated any differently from how anyone living in the EU will be treated, in relation to being able to come to this country? We should have equal rights for everyone living in the world, rather than giving special rights to those living in the EU.

[Dominic Raab]

I pay tribute to the hon. Lady for her long-standing interest in this matter and her pugnacious campaigning in the run-up to the referendum. Of course, we are ending free movement, which will allow us to avoid what is effectively a discriminatory approach to those coming from outside the EU. The Home Secretary will be bringing forward legislation to deal with the detail, and of course it will be part of the negotiation process with our EU partners.

[Mr Owen Paterson (North Shropshire) (Con)]

Paragraph 7 of chapter 1 of the White Paper states that the UK’s proposal is to

“maintain a common rulebook for goods, including agri-food”.

Lobbyists estimate that there are currently 170,000 pages of the acquis communautaire. How many of those pages will have to be re-legislated back into UK law and, once they are there, will they ever be amendable?

[Dominic Raab]

I hope that I can reassure my right hon. Friend, because we want the common rulebook to ensure that manufacturers can continue to produce one product for both markets, preventing dual production, but the common rulebook will apply only to the extent that it is necessary to avoid friction at the border.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

Paragraph 6 of the conclusion states:

“If the House of Commons supports a resolution to approve the Withdrawal Agreement and the Future Framework, the Government will bring forward the Withdrawal Agreement and Implementation Bill to give the Withdrawal Agreement legal effect in the UK.”

It says nothing about what will happen if the House of Commons does not approve the withdrawal agreement. What does the Secretary of State believe will happen in those circumstances? Given his past views, many of us suspect that what he will do is drive us towards a no-deal situation.

[Dominic Raab]

Let me reassure the hon. Gentleman. As set out in my earlier remarks, and indeed in the White Paper, we are striving, in good faith and with good will, with some innovation and principle, but also with a practical approach, to get the best deal for the UK, but one that is also likely to be acceptable and achievable with our EU partners and friends. We are preparing for every eventuality, but I can reassure him that, as I have always said, the optimum outcome will be to deliver a deal that is good for this country and good for the EU.

[Mr David Jones (Clwyd West) (Con)]

I, too, congratulate my right hon. Friend on his well-deserved appointment. I am sure that he will understand that I have not yet had the opportunity to read the White Paper in the degree of detail that I would have liked. Nevertheless, I see from page 11 that the role of the European Court of Justice is preserved through a joint reference procedure as the interpreter of EU rules. Can he say how that is compatible with the removal of the United Kingdom from the jurisdiction of the ECJ? As a practical matter, what right of audience would British advocates have, given that the UK will no longer be a member of the European Union?

[Dominic Raab]

I thank my right hon. Friend. In relation to the ECJ, there is provision for reference where that is necessary for the consistent interpretation of the law. That could only be done through the joint committee to which he refers agreeing, so the UK would have a veto over that—it would have to be with UK agreement. It could also be done by an arbitration panel, but—he will know this—what makes international arbitration different from accepting ECJ jurisdiction is that we would have arbitrators on those panels, so it would be done with their agreement as well. This is not the same as having jurisdiction over disputes; it is making sure, where it is in the UK’s interests—and it will be—that there is consistent application of the common rules that we want to work effectively.

[Pete Wishart (Perth and North Perthshire) (SNP)]

I think that the way this statement commenced sums up the whole chaotic and clueless Brexit, as prosecuted by this shambles of a Government. The White Paper was supposed to deliver Cabinet unity, but all it has done, as we have seen, is demonstrate the divisions. Scotland did not vote for any of this, so can the Secretary of State perhaps suggest a way that Scotland might be spared this madness?

[Dominic Raab]

We voted in the referendum as one country, and we need to respect it as one country.

[Sir Edward Leigh (Gainsborough) (Con)]

Paragraph 76 of chapter 1 is ambiguous. It states that we will seek reciprocal mobility arrangements, but it does not say when. Will the Secretary of State give an absolute assurance that any preferential treatment given to EU migrants will not be part of a withdrawal agreement but will be entirely in the hands of this Parliament post Brexit? This is a vital point. The people voted for Brexit because they want to control migration. They do not want to be sold down the river on this point as the negotiations proceed.

[Dominic Raab]

I thank my hon. Friend. I can give him the reassurance that it would not be part of the withdrawal agreement process; it would be part of the future deep and special relationship. In the same way as we approach global free trade with partners from Latin America to Asia, when we look at the liberalisation of trade in goods, for example, through the reduction of tariffs or services, we can also ensure that we have sensible arrangements on visas.

[Mike Gapes (Ilford South) (Lab/Co-op)]

My speed-reading skills are not perfect, but I only noticed two references to the overseas territories: one on page 96 and one in the conclusions. What does this White Paper mean for British overseas territories? Does it mean that they, and particularly Gibraltar, will be treated in exactly the same way as the UK during any transition period?

[Dominic Raab]

Yes. The overseas territories will retain the status that they have. We are, of course, consulting with them and, indeed, with the devolved Administrations right the way through this process.

[Theresa Villiers (Chipping Barnet) (Con)]

The Chequers agreement indicated that Parliament will have the right to reject future EU rules, but how will it ever exercise that power when the White Paper commits to an

“upfront choice to commit by treaty to ongoing harmonisation with the relevant EU rules”?

[Dominic Raab]

I thank my right hon. Friend. It will be done through the parliamentary lock, which means that this House ultimately can decide what goes into UK law, consistent with the outcome of the referendum. Of course, if we decide to renege on the commitment or to divert from the common rulebook, that will have consequences for the relationship that we strike with the EU. That is why there are review mechanisms and other mechanisms for resolving disputes, as and when they arise. In any international treaty that will provide a sustainable, enduring basis for the deep ties that we have with the EU on trade and security, we need to make sure that we have sensible proposals and mechanisms for ironing out creases in the relationship as they arise.

[Kate Green (Stretford and Urmston) (Lab)]

May I return again to paragraph 76? The Secretary of State said a few moments ago that he expected that future mobility arrangements in relation to industry needs for labour would be made through the medium of individual trade agreements, but business is already concerned about labour shortages in sectors such as care, hospitality, retail and agriculture. Does he really think that his answer offers the security of labour supply that business needs to know now that it will have in the immediate future?

[Dominic Raab]

Yes, we can cater for the needs of businesses and the UK economy without having an open-door approach to immigration.

[Andrew Bridgen (North West Leicestershire) (Con)]

I welcome my right hon. Friend to his position. While I and many colleagues may have grave concerns about the contents of the White Paper, I hope that we all agree on the importance of his role in delivering the Brexit that we promised the British people. To that end, it is very important that he has the right support and help going forward, so has he had any explanation why his first choice of special adviser—namely, Stewart Jackson, the former Member for Peterborough—was vetoed by the Cabinet Office?

[Dominic Raab]

I pay tribute to the great work that all the special advisers have done, including Stewart Jackson, and all the officials, who work tirelessly with Ministers to get the best deal for this country. I will be naming my special advisers shortly, as people would expect in the normal course of a reshuffle or a change in ministerial post.

[Jonathan Edwards (Carmarthen East and Dinefwr) (PC)]

The intergovernmental agreement signed between the Welsh Government and the British Government was meant to result in equitable decision making on Brexit policy. Does not the fact that the Welsh Government were not even consulted on the contents of the White Paper indicate that that agreement is not worth the paper it is written on and that the Labour Government of my country was extremely naive to trust the British Government?

[Dominic Raab]

I respect the hon. Gentleman, but I am afraid that he is just wrong on this. Sections of the White Paper were shared with the devolved Administrations and copies of it were sent in advance.

[Vicky Ford (Chelmsford) (Con)]

I spent the past couple of days on a business trip, or perhaps it was an activity to do business, meeting former colleagues from across Europe and asking them what they thought about the potential proposals. There is a complete understanding that if we want to keep an open border with Ireland, we must have common standards on goods and that if we want to keep the UK united, we need that to apply to all the UK, so I wish my right hon. Friend the best of luck in his future job, because many people across Europe want to help to deliver this partnership.

[Dominic Raab]

I thank my hon. Friend. I agree that that has been the feedback that we have had. We can want to end free movement without saying that we will pull up the drawbridge. We need to have a balanced approach to immigration that not only protects and services the skills gap in this country, but makes sure that we deal with the pressures and costs of immigration and that we restore public confidence in the immigration system.

[Andy Slaughter (Hammersmith) (Lab)]

The proposals on freedom of movement in the White Paper will please no one. There is no certainty for resident EU citizens or for those seeking to come here after 2020. The list of exceptions is so wide and so unclear that it has already been rejected by the hard Brexiteers. The message seems to be, “You can stay or come here, but you are not welcome,” and to my mind, that is both incompetent and unpleasant. I had the Secretary of State down as neither of those things before today, so I wonder why he wants to be associated with this document.

[Dominic Raab]

Because it takes a balanced approach to immigration, rather than pretending that we can continue with the legacy of the previous Government, who had an open-door approach to immigration, which destroyed public trust in the system. We need to take advantage of the economic benefits and control the pressures. That is the sensible approach.

[Rachel Maclean (Redditch) (Con)]

The thing that I hear most often from my constituents in Redditch, however they voted, is, “Just get on with it.” Will my right hon. Friend confirm from the Dispatch Box that nothing in this White Paper will lead to a second referendum, which will only delay or frustrate the democratic will of my constituents and the British people?

[Dominic Raab]

My hon. Friend is absolutely right. We need to crack on with these negotiations. I will be going to Brussels next week. The idea of a second referendum, as I think the leader of the Liberal Democrats acknowledged before he ascended to his elevated position, would be not only unprincipled but totally counter-productive to public trust in practice.

[Dr Roberta Blackman-Woods (City of Durham) (Lab)]

People across the country who work in our universities will want to know that any Brexit deal continues to give them access to European research funding and networks. These networks are really important for business development for medicine and innovation across the piece. While the White Paper says that

“the UK wishes to explore association in research and innovation programmes”,

that prompts the question what the Government have been doing for the past two years. Do people who work in higher education not deserve more certainty than a wish list?

[Dominic Raab]

I gently say to the hon. Lady that the insistence on trying to sequence the negotiations was on the EU’s behalf. We have been consistently saying that we need to get on to the wider post-withdrawal relationship as soon as possible, but we are keen to do that and I hope that the White Paper gives the hon. Lady a sense that this will be a priority for the Government.

[Sir Desmond Swayne (New Forest West) (Con)]

How can my right hon. Friend justify the use of the adjective “common” in describing the noun “rulebook”, when he has committed to ongoing harmonisation? Even with a parliamentary process, it is their rulebook, is it not?

[Dominic Raab]

I understand the concerns that my right hon. Friend and others will have about this. We are proposing to sign up to a common rulebook. There will be an opportunity to influence it through consultation. There will be a parliamentary lock. As I said, if this is not in the UK’s interests, there will be an opportunity to revise the arrangements, but the reality is that the common rulebook on manufactured goods, where a risk would be creating friction at the border, has remained relatively stable over recent years, so I do not think that in practice it would lead to the fears that he has understandably outlined.

[Wes Streeting (Ilford North) (Lab)]

The leader of the European Research Group, the hon. Member for North East Somerset (Mr Rees-Mogg), described this White Paper as

“the greatest vassalage since King John paid homage to Philip II at Le Goulet in 1200. This White Paper has not needed age to turn yellow”—

presumably he can give us an eyewitness account. The Opposition’s concern, as is clear from the resignations that we have already seen from the Government, is that this White Paper—the Government’s negotiating position—does not command at this stage the support of a majority of the House of Commons. How does the Secretary of State possibly expect the united front of the EU27 Governments, the European Commission and the European Parliament to take this Government at all seriously, because this House clearly does not?

[Dominic Raab]

The hon. Gentleman has produced all sorts of quotations, while blithely skating over the divisions in his own party. The fact is that these are complex issues on which views diverge, and people feel very passionate about them. What we have set out is a positive, principled but also flexible approach that is deliverable. We will go and negotiate with the EU, and we will ensure that we get the best deal for the country. Simply sitting on the sidelines and carping and hoping that somehow the Brexit decision will be reversed is, I am afraid, to be on a fool’s errand.

[Mr Marcus Jones (Nuneaton) (Con)]

I welcome my right hon. Friend to his post. My constituents voted to leave the EU for a number of reasons. Among them was the principle of freedom of movement. Can my right hon. Friend categorically assure my constituents that freedom of movement will end as a result of his and the Government’s plans and that this Parliament will consequently be able to decide whom we welcome to our great country?

[Dominic Raab]

Absolutely. Free movement will end. We still want to take a sensible approach to immigration, but we want to ensure that, as elected Members who are accountable to our constituents, we in the House have the last say on it.

[Bridget Phillipson (Houghton and Sunderland South) (Lab)]

Does the Secretary of State intend to produce any kind of detailed regional economic impact assessments, so that we can fully understand the scale of the damage to jobs, livelihoods and living standards in the north-east that would be caused by what his Government are proposing?

[Dominic Raab]

We will make sure that there is appropriate analysis as the negotiations progress and the various documents—whether in the legislation or in the agreements—are put before the House for proper scrutiny in the usual way.

[Andrew Jones (Harrogate and Knaresborough) (Con)]

I welcome my right hon. Friend to his post. Can he confirm that the UK will resume its seat at the World Trade Organisation and be able to do trade deals throughout the world?

[Dominic Raab]

My hon. Friend is absolutely right. We will resume our seat at the WTO. Given some of the pressures for protectionism that we have heard from all sides, it will be hugely important for the Government and the country to take up our role as a global champion of free trade, because it is good for businesses, good for consumers and, of course, good for the very poorest countries in the world, which want to trade their way to genuine economic independence.

[Wayne David (Caerphilly) (Lab)]

Paragraph 6 of chapter 1 of the White Paper states that

“the UK recognises that the Single Market is built on a balance of rights and obligations, and that the UK cannot have all the benefits of membership of the Single Market without its obligations.”

Are the Government prepared to discuss the possibility of making financial contributions for the privilege of having access to that European market?

[Dominic Raab]

We have already set out what we are going to do in relation to the financial settlement in the withdrawal agreement. We will settle our accounts and ensure that in respect of those parts of the EU project, whether Eurojust or whatever it may be, we pay our way.

[Mr William Wragg (Hazel Grove) (Con)]

I welcome my right hon. Friend to his post. I cannot help feeling a little sorry for him at this time. Is he sure that there is not another document, developed with and previewed by other Governments, which is being cooked up behind the scenes by Mr Robbins and our former friend the Prime Minister’s chief of staff and which will then be wheeled out to further undermine the previously stated positions of Her Majesty’s Government?

[Dominic Raab]

Yes.

[Daniel Zeichner (Cambridge) (Lab)]

On page 78 of the White Paper, which deals with science and innovation, there is talk of association with and participation in research schemes in the future. Back in May, the Prime Minister talked about having influence in those schemes. Why has the ambition been so watered down?

[Dominic Raab]

It has not been watered down, although I understand the point that the hon. Gentleman is making. It is possible for us to engage in activities of all those kinds—as we do with countries around the world—without being a member of the political club, with all the fetters on our democratic prerogatives.

[David Duguid (Banff and Buchan) (Con)]

I join you, Mr Speaker, and others in welcoming my right hon. Friend to his post. I also welcome the repeated and continuing confirmation from the Government that we are indeed leaving the common fisheries policy. I do not regard that as being any longer in question. However, will he also confirm that no amount of guaranteed and continued access to British waters will be given away during withdrawal negotiations and that the sharing of fishing opportunities will be agreed only during ongoing annual negotiations after we take our place as an independent coastal state?

[Dominic Raab]

I can confirm that we will be leaving the common fisheries policy and that we will proceed as an independent coastal state with control over our waters in respect of fisheries and other matters.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

Paragraph 55 of the White Paper, on page 95, states—without a hint of irony—

“The Government has already demonstrated during the passage of the EU (Withdrawal) Bill that it will actively engage with suggestions from both Houses about the oversight of secondary legislation, adapting scrutiny arrangements as appropriate, and recognising the quality and expertise in the existing scrutiny structures in the Commons and the Lords.”

In the light of today’s shambolic performance, would the Minister care to enlighten us on what parliamentary scrutiny really means, in his eyes?

[Dominic Raab]

As the hon. Gentleman knows, it means what we are doing right now; and there will be plenty of further opportunities to scrutinise the White Paper in this House, in the other place and in Select Committees.

[Helen Whately (Faversham and Mid Kent) (Con)]

I, too, welcome my right hon. Friend to his post. I have noticed that today he has had to field questions about the Government’s future negotiating strategy which it would clearly not have been in the national interest for him to answer. Does he agree that, even during passionate debates like this, we must put our country first, not our party or any personal ambitions?

[Dominic Raab]

My hon. Friend is absolutely spot on. I understand the legitimate concerns that people have, or the questions that they have, about the overarching structure and framework of the strategy that the UK adopts. That is something that should be debated in this place and among the wider public, just as we are debating this 100-page White Paper. However, some of the questions, or interventions, seem to be more about trying to make sure that the UK stutters, when we should be proceeding apace to negotiate a deal that is good for Members in all parts of the House and for those in all corners of the country.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

Paragraph 53 of the White Paper, on page 62, states that the UK will

“continue close cooperation with EU law enforcement and criminal justice agencies”,

and paragraph 54 states that

“the UK will respect the remit of the Court of Justice of the European Union”.

How does the Secretary of State reconcile that view with his own votes? In 2012 he voted against EU data-sharing for criminal justice purposes, in 2013 he voted in favour of the UK’s opting out of all EU police and criminal matters, and in 2014 he voted against the UK’s rejoining EU schemes for closer political and judicial co-operation in criminal matters.

[Dominic Raab]

I thank the hon. Gentleman for his detailed scrutiny of my past record. As I have argued all along and as the White Paper makes clear, the UK can want to maintain, and even strengthen, operational law enforcement co-operation with the EU—through, for instance, bodies such as Europol and Eurojust—without being subject to the supranational jurisdiction of the European Court of Justice and all the decision-making fetters. Indeed, Europol and Eurojust have a large number of association agreements with non-EU countries. I believe that the US has more liaison officers posted at Europol than the average EU country.

[Mr Philip Hollobone (Kettering) (Con)]

Will my right hon. Friend confirm: that he will not extend article 50; that no deal is better than a bad deal; and that if there is no deal, we will keep our 40 billion quid?

[Dominic Raab]

It is certainly the case, in my view and the Government’s view, that no deal would be better than a bad deal, but what we are aiming for is the very best deal.

My hon. Friend asked about the money. I took some time to set out in my response that we have made clear the need for a link between the obligations that we undertake in the withdrawal agreement and what we then expect in relation to the future partnership deal on trade, security and other areas in which there is co-operation. That needs to be looked at as a whole. If one side, whichever it may be, does not fulfil its side of the bargain, there will be consequences for the whole deal—and yes, that would include the money.

[Ms Angela Eagle (Wallasey) (Lab)]

The White Paper says very little about the service industry, particularly financial services, except that we want to retain our access to integrated markets while not really sticking to the rules. Is that not more like having your cake and eating it, and is it not highly unlikely that the EU will ever agree to such an approach?

[Dominic Raab]

It is clear that the UK cannot remain under the EU passporting regime, which is intrinsic to membership of the EU. Our objective, based on that, is to agree a new economic and regulatory partnership in financial services. The new partnership will set some binding bilateral commitments to give firms certainty and stability in respect of access to each other’s markets, while allowing the UK and the EU to maintain and exercise autonomy when it comes to regulatory decisions and rule-making.

[James Cartlidge (South Suffolk) (Con)]

I welcome my right hon. Friend to his position. Given the brief period he has been in post, he is giving a performance of very high calibre.

On free movement, while I accept that many colleagues share the noble position that we should not have a discriminatory system, does my right hon. Friend accept that there is a big implication for unskilled migration, because if we allow it in future, we will have to allow it from anywhere, not just the EU? Does he accept that in those circumstances, non-EU migration would inevitably rise?

[Dominic Raab]

My hon. Friend makes a powerful point, and that is why we take the approach that we do. We want to ensure that when we have an enhanced preferential trade relationship with a country, visas can go into the mix. That is the global practice right around the world. But it is crucial, as a matter of sound policy but also for retaining public trust in our migration system, that we have control over things people care about: the numbers of people coming here; ensuring the people coming here are self-sufficient; and making sure that if people threaten this country or commit criminal offences, they can be removed.

[Tracy Brabin (Batley and Spen) (Lab/Co-op)]

Having attended the welcome briefing on the previous agreement but without having had much time to scrutinise the White Paper, will the Secretary of State clarify for me and my constituents how the eye-wateringly complicated fudge around the facilitated customs arrangement can be anything but a disaster for manufacturing, particularly the bed manufacturers of Batley and Spen?

[Dominic Raab]

The FCA is an innovative new model; it is a business-friendly model that seeks to facilitate the greatest possible—[Interruption.] The hon. Lady is complaining about it, but I am trying to explain it to her and she might just take a moment to listen to the explanation. The FCA seeks to facilitate the greatest possible trade between the UK and the EU and, when put in place, it will make sure that up to 96% of UK goods trade is likely to pay the correct or no tariff at the border. The key difference between the FCA and the previous arrangements under the proposed customs partnership, is that tariff revenue will be levied up front rather than be reimbursed after the event, which Conservative Members agree would be more cumbersome and less effective in minimising the risk to trade.

[Stephen Metcalfe (South Basildon and East Thurrock) (Con)]

I welcome the publication of the White Paper, but these are complex issues, and what my constituents, and indeed I, want is reassurance that this document will indeed return control over our borders, our money and our laws. Will my right hon. Friend join me in suggesting that people should not listen to some of the more siren voices around, but instead look at the detail of this document, see where it delivers on those pledges, and then make their decision?

[Dominic Raab]

My hon. Friend is right: ending free movement is one of the aspects that motivated people to vote to leave the EU, but there is a much broader issue around immigration policy. What we seek to do in this document is make sure that we have a balanced approach that means that elected Members such as my hon. Friend, and Ministers and Members from across the House, are responsible for striking the right balance to get the benefits of immigration but also to manage the pressures.

[Christian Matheson (City of Chester) (Lab)]

This morning’s chaos is entirely consistent with a Government who have dodged scrutiny in this House at every turn, and to suggest to my hon. Friend the Member for Ilford North (Wes Streeting) that he is shouting from the sidelines when he is actually speaking from the Benches of this House only serves to amplify that.

May I draw the Secretary of State’s attention to paragraph 76, which states that the economic partnership providing reciprocal arrangements would

“support businesses to provide services and to move their talented people”?

What does “talented” mean and does it include, for example, nurses and care workers?

[Dominic Raab]

When people need to move high-skilled members of staff across borders, it is key that, no matter what the sector, we have the ability to do that. Our negotiations with the EU can of course include all sectors, and we want to make sure that where there are skills gaps, they can be plugged.

[James Heappey (Wells) (Con)]

In paragraph 138 the Government rightly commit to a continuation of the single energy market between Northern Ireland and Ireland. Rather than making a special case for Northern Ireland, may I encourage the Secretary of State to consider not leaving the Europe-wide internal energy market and instead make a special case for energy all together? That would be spectacularly boring and uncontentious, and just remaining within the internal energy market would allow us to be interconnected with Ireland as well as our friends across the channel and the North sea?

[Dominic Raab]

That is an interesting point. We set out our proposals in the White Paper, but of course if my hon. Friend would like to write to me with the details of his suggestions as the negotiations and legislation proceed, I will be happy to look at them carefully.

[Clive Efford (Eltham) (Lab)]

The White Paper clearly envisages a role for the ECJ in perpetuity, for instance in relation to trade disputes. Has the Secretary of State had any indication from the EU that it is prepared to participate in the arbitration process proposed in this White Paper and second-guess ECJ decisions?

[Dominic Raab]

It is not right to say that the ECJ would have jurisdiction over trade disputes; that would be the role of the arbitration mechanism. International arbitration is a global mechanism used by countries around the world, and I do not see any reason why, within Europe or in relation to the EU, there would be an anomaly. The ECJ deals with the laws in place within the EU and member states in the same way as the UK Supreme Court deals with the laws of the land in this country. International arbitration is designed to be flexible; it allows arbitrators from all countries to make sure that we deal with international disputes and it is perfectly consistent with global trade practice.

[Chris Philp (Croydon South) (Con)]

Many of my constituents are concerned that we must be able to strike independent new free trade deals after leaving. Can the new Secretary of State, whom I welcome to his place—we will miss him at the Ministry of Housing, Communities and Local Government—confirm that we will be able to strike those new trade agreements, and is not the Swiss example a good one? The Swiss have these associations with the EU on product standards, yet have managed to do very good free trade agreements recently, including with India and China.

[Dominic Raab]

My hon. Friend is right, and he is well-versed in international trade practice. The key advantage in our approach is that we have the ability to remove the EU external tariff, to reduce tariffs as a World Trade Organisation member, and to sign bilateral free trade deals, which is crucial in terms of our leverage. For services, we will not be bound by the rules of the EU, and can take advantage of that not just in the wider services sector but in particular in financial services, and the digital sector, which is so important for the future jobs this country will rely on.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

It has taken this Government two years to publish what is just a big set of wish lists. Paragraph 63:

“the UK proposes a new economic…arrangement with the EU in financial services”;

paragraph 130:

“explore options for…an Air Transport Agreement”;

paragraph 134:

“explore options for reciprocal access for road hauliers”;

paragraph 140:

“explore…options for the future energy relationship”;

and paragraph 143, explore a close relationship with Euratom.

So it has taken the Government two years to state the blindingly obvious. What superhuman negotiation skills does the Secretary of State have to be able to close out these issues in the next three to four months?

[Dominic Raab]

Lots of these issues are complex, and of course we have been guided, or restricted to some degree, by the sequential approach of the EU. But lots of thought and consultation has gone into this, and we do now need to move at pace to get cracking with the other side, in good faith and with goodwill, to get this deal done.

[James Morris (Halesowen and Rowley Regis) (Con)]

I warmly welcome the Secretary of State to his post. He will be aware that the west midlands economy has had one of the strongest export performances of any region of the UK. Can he give an assurance that this White Paper does not preclude us from doing trade agreements around the world, to help west midlands businesses and create jobs in the west midlands, which is of great importance to my constituents?

[Dominic Raab]

I thank my hon. Friend, and I am confident that as we leave the EU with a good deal, businesses in the west midlands will go from strength to strength. We must also acknowledge that if we are signing up to the common rulebook on goods, to the extent that that is needed to reduce friction at the border between the EU and UK, that will, at least to some degree, tie our hands. However, the huge advantage we have if we leave the EU and the customs union is that we can remove and reduce tariffs, and we will have control over the services side of things, so we can have control over regulation. That is a huge advantage. If we take those opportunities, we will, for the west midlands and whole UK, be able to boost trade.

[Jeremy Lefroy (Stafford) (Con)]

One of the major, and understandable, arguments during the referendum was that when we joined the EU in 1973 people did not really understand what it was going to lead to. Does my right hon. Friend, whom I really welcome to his post, therefore recognise the great importance of communicating what is proposed here and what is eventually put to Parliament to the general public, in particular the young people who are going to have to live with this for the next 30, 40 or more years, as well as to Parliament itself? Sometimes this debate can seem to be expressed in very dry terms, so it is absolutely vital that this communication is there and the discussion is there with the public as a whole.

[Dominic Raab]

My hon. Friend is absolutely right. I remember how insightful he was when we served on the Brexit Committee together. It is true that this needs to avoid being a Westminster bubble conversation, and I have already had meetings with business groups from the CBI to the Federation of Small Businesses to ensure that the views of the diversity of the business community are fed through and that I understand them properly. He is also right to say that we need to go out and sell the message that, yes, Brexit is about managing the risks involved in any changing relationship, but also that there are huge opportunities for us to grasp, including for the young people of this country.

[Nigel Huddleston (Mid Worcestershire) (Con)]

My constituents are a realistic, sensible and practical lot and, unlike some politicians, they know that they will not always get 100% of what they want in life, but they do expect their politicians to deliver. Before the referendum, the 58% of my constituents who voted for Brexit told me clearly that what they wanted was control of their borders, control of their laws, an end to freedom of movement and to stop spending billions of pounds in Europe for reasons that they could not really understand. In very simple terms, Secretary of State, will this deal deliver on what my constituents want?

[Dominic Raab]

Yes, it will, and we need to proceed at pace with our negotiations with our EU friends to make that happen. At the same time, we need to ensure that we are ready for any eventuality in the negotiations. However, we are not looking to rely on those contingency plans; we are looking to get the very best deal, and in this White Paper, we have achieved it.

European Union (Notification of Withdrawal) Bill

Dominic Raab Excerpts

Ping Pong: House of Commons
Monday 13th March 2017 Commons Chamber

[Mr Dominic Raab (Esher and Walton) (Con)]

I will vote against the amendments tonight. I want briefly to address amendment 2 on the final vote. As others have said, it is quite wrong for noble Lords to abrogate for the other place a right of unelected peers to veto Brexit at the 11th hour. But more than that, it would be entirely counterproductive as a matter of diplomatic practice, with Jean-Claude Juncker talking about the possibility of the UK rejoining the EU, to start these negotiations signalling that a lousy deal might lead the UK to reverse its decision. That would be surest way to elicit the worst terms. I understand the legitimate concerns and anxieties in all parts of the House at this very delicate moment for our country’s history, but the truth is that we cannot legislate away legitimate concerns that we have, whether we voted leave or remain, and we cannot legislate for every permutation of these negotiations. We have to trust the Government and support the Government. Yes, scrutinise this, but for heaven’s sake do not weaken it at the very outset of these crucial negotiations. We have debated a one-clause Bill for six weeks.

In summing up, I want to draw approvingly on the view expressed in other place by the noble Lord who headed up the remain campaign—Lord Rose. He made it very clear that in his view the Government should be given the flexibility they deserve and need to get the best deal for the country, and that it is incumbent on all politicians of all parties to rally behind the Government so that they can get the best deal for the whole country. I commend the noble Lord, and I will vote against the amendments.

[Several hon. Members rose—]

European Union (Notification of Withdrawal) Bill

Dominic Raab Excerpts

3rd reading: House of Commons & Committee: 3rd sitting: House of Commons & Report stage: House of Commons
Wednesday 8th February 2017 Commons Chamber

[Liam Byrne]

The Minister is good to put that on the record, but the fact is that there are plans—plans were set out in the Conservative manifesto in 2010 and in 2015, and the draft British Bill of Rights that is circulating in the Ministry of Justice contains similar plans. That is why in August 2016 the Justice Secretary told the House that a British Bill of Rights would be introduced, and the House wants categorically to know whether that British Bill of Rights will have the implication and result of taking us out of the European Court of Human Rights. That is the point that I want the Minister to put beyond doubt by accepting new clause 193.

[Mr Dominic Raab (Esher and Walton) (Con)]

May I give the right hon. Gentleman some reassurance on two points? First, having served as the Minister responsible for human rights, I can say that it was never in the Conservative plans for a Bill of Rights to pull out of the European convention on human rights. I made that clear monthly at Justice questions. Secondly, precisely because the Council of Europe is completely independent of the EU, this is an entirely meaningless amendment.

[Liam Byrne]

It is absolutely not. It is essential if the Prime Minister is to be good to her word that we will remain committed to the European club that we helped to create.

European Union (Notification of Withdrawal) Bill

Dominic Raab Excerpts

Committee: 2nd sitting: House of Commons
Tuesday 7th February 2017 Commons Chamber

[Yvette Cooper]

I will make some progress, because other Members want to speak.

There are many ways in which the Government could provide recourse to Parliament. They could table a manuscript amendment that simply puts into practice what they have said today, which would be immensely helpful and might provide the reassurance that many hon. Members need.

New clause 99 would mean that withdrawal would have to be through an Act of Parliament. On such a serious matter, there is a strong case for decisions to be made through Acts of Parliament—that would happen on other similarly weighty matters. To be honest, much of what new clause 110 would do would simply be to include in the Bill what the Minister has already said he will do. However, it would provide reassurance, with the added benefit of clarity that there will be a vote if there is no deal and we go down the WTO route. Also, the vote would be earlier in the process, which would give Parliament the opportunity to have a say before we get to the final crunch at the end of the negotiations.

The honest truth is that new clause 110 is not that radical. It would simply put into practice and embed in legislation the things that some Government Members have said they would like to achieve, so why do we not simply include it in the Bill so that we have that reassurance? Ultimately, there is a reason why all of this is important. Both sides in the referendum debate talked about parliamentary sovereignty, and with that comes parliamentary responsibility. We have already shown that responsibility by deciding to respect the result of the referendum on Second Reading, but with that comes the responsibility to recognise that we have to get the best possible Brexit deal for our whole country, rather than just walking away from the process of debating the deal. If we end up walking away, power will be concentrated in the hands of the Executive. I have never supported such concentrations of power, and every one of us should be part of making sure that we get the best possible Brexit deal.

[Mr Dominic Raab (Esher and Walton) (Con)]

It is a pleasure to follow the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) and my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve).

I agree with the principle that Parliament should vote on the final deal. I argued for that during the referendum, and I certainly have not changed my mind. On top of that, as people talk about Parliament being stripped of its role, it is worth pointing out that any domestic implementing legislation as a result of any deals reached at international level will, of course, require parliamentary approval in the usual way. The legal effects of Brexit at home will be dealt with through enactment of legislation in advance of the ratification of the international treaties.

On the international element, it is useful to distinguish between two key components of the diplomacy: the terms of exit and the terms of any new relationship agreement on trade, security and the other areas of co-operation that we all agree we want to preserve. With that in mind, I welcome again the White Paper and the Lancaster House speech that, as we talk about all the process and procedure, set out a positive vision for Britain, post-Brexit, as a self-governing democracy, a strong European neighbour and a global leader on free trade.

[Paul Farrelly]

Will the hon. Gentleman give way?

[Mr Raab]

I will make a little progress because other Members want to speak and we are quite far advanced in this debate.

I confess that, as a former Foreign Office lawyer who spent six years advising on both EU law and treaty interpretation, I find article 50 palpably clear on the surface. It disapplies the EU treaties two years after article 50 is triggered. The language is mandatory as a matter of treaty law, so if Parliament refuses to approve the terms of any exit agreement, the UK drops out without one.

Before there is general hysteria across the House, including among Government Members, let me say that there is a general principle of customary international law, which is also true of common law, that where there is a general rule, there can be exceptions, but those must be interpreted narrowly. There are exceptions on this. There is an exception if the EU unanimously agrees to extend the period under article 50(3). If we look at the clear language used, we can see that it is conceivable to imagine that happening only in very exceptional circumstances—if at all—for a limited period and in relation to the exit terms. That is what the provision says. The agreement on our post-Brexit relationship with the EU could be prolonged as long as both sides wish, but that will not delay the exit, and it is extremely doubtful that article 50(3) could be used to delay departure on those grounds. That means many of the amendments we are considering are, in practice, unlawful, as well as unwise.

[Robert Neill]

My hon. Friend is providing a careful and interesting analysis, but is not the crux of the matter this: if at the end of the day there is no deal and we are forced to leave, perhaps on WTO terms, which many of us believe will be deeply damaging, it will be a scandal if this House does not have the chance to have a say on it? It will be a betrayal. Those who might not support new clause 110 today hope that perhaps the Lords will look more carefully at this, as, for many of us, the Government are on very borrowed time.

[Mr Raab]

I pay tribute to my hon. Friend the Chair of the Justice Committee and I agree that there should be a vote. The challenge is that I have not really heard anyone explain an alternative negotiation strategy to the one advanced by the Government, other than staying indefinitely in some limbo within the EU. That would create more uncertainty for business and greater frustration for the public, and it would devastate, paralyse and eviscerate our negotiating hand.

[Paul Farrelly]

rose—

[Mr Raab]

I am going to make a little progress, to be fair to other hon. Members.

There is a second exception, and it is not true to say that triggering article 50 is irreversible. It can be reversed but, as I explained earlier, we would have to follow the specific exception envisaged in article 50(5), which offers a means to reverse the process of departure: we leave and then apply to rejoin. That is the clear language in article 50, which of course is binding as a matter of UK law. It was a previous Labour Government, with Liberal Democrat support, who signed us up not only to the Lisbon treaty, but explicitly to the fetters we now face. That is why I suffer a little when I hear some of the railing against the difficult legal confines the Government find themselves in not just as a matter of their own policy, but as a matter of law.

[Paul Farrelly]

rose—

[Mr Raab]

I will not give way, as I am going to make some progress.

The choice on the final deal is clear: the British Parliament can veto the exit agreement and/or the terms of the new relationship agreement, but in that case Britain would leave the EU without agreeing terms. On the new relationship agreement, the UK Government would of course be free to revert for further negotiations, but that could not delay or stop Brexit from happening under the terms of article 50. Those facts will rightly and understandably focus our minds, as they are doing here today, and with a sense of trepidation. They will also focus minds—this is why it was crafted in the way it was—on the other side of the channel, among our European friends. So, on the assumption that it would take at least 18 months to agree all the terms of any new relationship agreement, the idea that Parliament voting down any deal would send the UK back to a further round of meaningful negotiations, before Britain formally leaves, is at odds with the procedure in the Lisbon treaty, and I find it neither feasible nor credible.

[Mr Andrew Tyrie (Chichester) (Con)]

My hon. Friend mentioned article 50(3), which does provide for transitional arrangements. It provides for a country to negotiate for the same arrangements to continue indefinitely until a subsequent date is provided at the end of the negotiating process for their implementation. Does he not agree that that should create a window for exactly the circumstances that he is so concerned about?

[Mr Raab]

My right hon. Friend is right in what he says, but if he reads article 50(3), he will see that it is explicitly referring to the withdrawal component of the diplomacy. But he is also right to say that there is scope for transitional arrangements or phased implementation to deal with some of the so-called “cliff edge” concerns that hon. Members are rightly worried about.

[Claire Perry]

rose—

[Mr Raab]

I am going to make a bit of progress, to be fair to other Members.

In fairness to the previous Government, the ostensible aim of article 50 was to facilitate certainty, to focus the minds of the negotiating parties and to avoid withdrawal leaving a lingering shadow over not only the EU—although that was probably foremost in its consideration—but the departing nation. Many of the amendments and new clauses we are considering are counterproductive precisely because in seeking to fetter the Government in the negotiations they would weaken our flexibility and negotiating position and, critically, make the risk of no deal more likely. Members who support the amendments and new clauses must face up to the fact that they are courting the very scenario that they and we say we so dearly seek to avoid.

For my part, I could not countenance voting for attempts to put the negotiating aims in binding legislation and give them statutory force, because that would set the Government up to face a blizzard of legal challenges on the final deal. That would be deeply irresponsible because, whether unintentionally or otherwise, it would seem to me to amount to poison-pill tactics.

[Paul Farrelly]

Does the hon. Gentleman agree that the Prime Minister’s approach so far, in pandering not to those who want immigration reduced to the tens of thousands but to the nones-of-thousands lobby, risks our approaching the scenario he just outlined? That approach is nonsensical, because we need immigration, whether the people are crop-pickers or gene splicers. There are deals to be done and the Prime Minister needs to admit it.

[Mr Raab]

I thank the hon. Gentleman for his intervention, but say gently to him that between open-door immigration and closed-door immigration there seems to me to be quite wide scope for sensible reciprocal arrangements that allow us to retain control over the volume of immigration and things such as residency and welfare requirements, and to make sure that the people who come here are self-sufficient and that we have the security checks and deportation powers we need. I am not sure that he and I disagree on that. Between cutting off all immigration and having open-door immigration, there is enormous scope for some sensible diplomacy.

I turn specifically to the amendments and new clauses. The Government’s assurances ought to be enough to satisfy those who might be tempted by new clauses 1, 18 or 99. The Government have rightly promised to give Parliament a vote on the final deal, and I pay tribute to the shadow Minister, the hon. and learned Member for Holborn and St Pancras (Keir Starmer), who approached that matter in a sensible, sober and responsible way.

The other cluster of new clauses that have attracted attention are new clauses 19, 54 and 137, which would require that a parliamentary vote against the deal would send the UK Government back to renegotiate with the EU. As someone who has negotiated treaties—mainly bilateral treaties, but some multilateral—I can entirely understand why that is attractive. The truth is that if Parliament does not agree the exit terms, it is theoretically possible that the UK Government could revert to meaningful negotiations with the EU, if the draft agreement is concluded within around a year or, exceptionally, if the EU agreed a short extension. In practice, that is utterly inconceivable. It is total fantasy. Why would the EU give us better divorce terms just because Parliament did not like them? In reality, we would not even get the extension or better terms, and would leave without an agreement.

If Parliament does not approve the agreement on the new relationship, there is no express provision for the extension of negotiations and no clear basis for withdrawal to be delayed. We would exit on two years, but could revert back to revived negotiations on the future relationship. As my right hon. Friend the Member for Chichester (Mr Tyrie) pointed out, the question of whether implementation would be phased and of transitional arrangements would become far more salient. Besides those legal considerations, any delay to the timetable would inject an additional dose of uncertainty into the entire process, which would be bad for business and frustrating for the public, and which would harm rather than reinforce our negotiating position.

New clause 28, which deals with parliamentary approval before the European Parliament has its say, has been dealt with by the reassurances given by the Minister, which I certainly welcome. I am not convinced by new clauses 110 or 182, on parliamentary approval happening before the Commission concludes the new relationship agreement, because we would not know the date on which it would approve such an agreement and could not know the terms of the deal until it had done so. That reinforces in my mind the concern that exists about Members who, in good faith, are trying to dictate what will inevitably be a fluid diplomatic process through the entirely inappropriate vehicle of binding legislation. That cannot hope to cater for all the potential eventualities that we need to be ready to adapt to as a matter of multilateral diplomacy.

Finally, let me turn to amendment 43, which has been tabled by the Liberal Democrats and the hon. Member for Westmorland and Lonsdale (Tim Farron) in particular. In a competitive field, this is certainly the clear winner for the worst amendment that has been tabled. It is probably illegal because there is no scope for a departing member, which has triggered article 50, to reverse its decision. That is clear from article 50(5).

The amendment is clearly designed to reverse Brexit, despite Members passing the 2015 referendum legislation by six to one on the very clear understanding that we would respect the result. The amendment is probably beyond undemocratic and illegal; it is just plain tricksy. It was open to any Member to table amendments and then to stipulate that there would be a second referendum —why not have the best of three?—to give the British people a chance to do the hokey cokey. However, there is a very clear reason why no one tabled such an amendment: the public would have shuddered at the prospect. No one proposed such an amendment and we did not hold the referendum on that basis.

I support a final vote on the deal, and welcome the fact that the Government are striving to reassure all Members about the Bill, but this House should be under no illusion that such a vote cannot and would not frustrate the verdict of the people. In fairness, I think that most Members from all parts of the House recognise that. Many amendments on which we are deliberating in this group are legally flawed. Above all, these new clauses would attempt to tie up the Government in procedural knots at the crucial moment in the two years of Brexit negotiations. The public expect all of us to be focused on securing the very best deal for the whole country and not, either intentionally or inadvertently, to be laying elephant traps that can only make striving for that deal harder. For that reason, I hope that the Committee will vote down all the amendments and new clauses this evening.

[Several hon. Members rose—]

European Union (Notification of Withdrawal) Bill

Dominic Raab Excerpts

Tuesday 31st January 2017 Commons Chamber

[Mr Dominic Raab (Esher and Walton) (Con)]

I rise to support the Bill, respect the referendum and trigger article 50, so that we can forge a new path for our country as a confident, self-governing democracy, a good European neighbour and a global leader in free trade.

It is a pleasure to follow the hon. Member for Lewisham East (Heidi Alexander). I am more optimistic about the outcome, but I pay tribute to her for the concerns she expressed, and I pay tribute to contributions from Members on both sides of the House and both sides of the debate. The truth is that the Bill puts all of us to the test. Some do not like the outcome of the referendum, and I can understand that. Some think the judges interfered in a matter we asked the people to decide, and I can understand that, too. However, we cannot reinvent the basic tenets of democracy, from referendums to the rule of law, whenever it produces a result we do not much care for.

Likewise, reasonable arguments are being made from all quarters about White Papers, timing and procedure. I respect those arguments and sympathise with some of them, but we cannot allow process to trump substance, delay the timetable or impose the kind of fetters that would only weaken our leverage and strength as we go into the crucial Brexit negotiations. Tomorrow, every democrat in this House will have their cards called. Do we stand by the high-minded statements of democratic principle that we all espouse, or do we find some reason or pretext to justify escaping the inexorable requirements of the referendum, when we placed our trust in the people of this country? I know how seriously all Members will take that decision.

We also have an opportunity today to turn the page, to draw a line under the referendum and to build a stronger national unity of purpose. Those who, like me, voted leave need to listen and recognise the understandable anxieties around Brexit. We all need to realise that despite the polarising political debate and media coverage most people, whether they voted leave or remain, had some doubts. They felt the force of arguments on both sides, and they overwhelmingly now want to make Brexit work for our country, for our children and for our future.

That is why the Prime Minister’s Lancaster House speech was so welcome and should give every hon. Member the confidence to support this Bill. The Prime Minister gave the country a detailed plan and, above that, a clear vision for a Britain where those who make the laws of the land are accountable to the citizens, a Britain that is open and outward looking but does not take for granted, ignore or scorn people’s legitimate concerns about the scale or pace of immigration, and a Britain that is leaving the EU but holds out the hand of friendship to the nations and peoples of Europe on trade, security and wider co-operation. It was a vision of a global Britain with broader horizons, great ambition, a big heart and a noble mission to champion free trade. Whether it is about businesses that export, workers’ wages or cheaper prices for consumers making ends meet, let us not forget that that mission is good for Britain. It is good for raising global living standards. It is good for our European friends, including the continental firms that sell us £60 billion more each year in goods and services than we sell them. It is good—no, it is vital—for the poorest African nations, currently languishing under the yolk of hypocritical western protectionism and for whom free trade is the surest route to real independence. This is not some grubby agenda but a lodestar for modern Britain. That is why, according to YouGov’s poll after the Prime Minister’s speech, the British public back the plan by three to one.

The British economy is strong and, with £1 trillion-worth of UK finance supporting European businesses and jobs, our negotiating leverage and, even more important, the scope for a win-win deal with our European friends is clear. We have the plan and we have the vision, so let us go into these negotiations with some ambition and self-belief befitting the character of this great country.

From the German Finance Minister, Wolfgang Schäuble, to the Spanish Foreign Minister, Alfonso Dastis, key voices on the continent are saying loudly that they want to join us in forging the best deal for Britain and for Europe. As we begin these negotiations, we must in good faith, and with generosity of spirit on our side, take them at their word.

Let us end the divisions. Let us unite for the very best future we can secure for every corner and every citizen of this great country. I will vote for the Bill tomorrow confident that our best and brightest days lie ahead.

Article 50

Dominic Raab Excerpts

Tuesday 24th January 2017 Commons Chamber

[Mr Davis]

If the hon. Gentleman goes back through this old Member’s extensive experience, I do not think he will find that I have ever referred to the judges as the enemies of the people—just the converse. It is occasionally embarrassing to me that I sometimes use them.

[Mr Dominic Raab (Esher and Walton) (Con)]

I welcome the statement by the Secretary of State. I also welcome paragraph 122 of the Supreme Court ruling, which narrows the scope of the rather opaque High Court ruling and allows us to pass a short, sharp Bill to trigger article 50. Does he agree that it is the responsibility of every democrat in both Houses to give effect to the will of the British people by passing the Bill without delay?

[Mr Davis]

I agree with my hon. Friend. For my part, I will endeavour to make the Bill as straightforward and as comprehensible as possible. I say that not just for speed, but because the public will be watching us. The public will want to know what we are voting on and to be able to understand it, so nothing will be opaque. We will aim to present a straightforward, simple Bill that we will take through as fast as is consistent with proper scrutiny.

New Partnership with the EU

Dominic Raab Excerpts

Tuesday 17th January 2017 Commons Chamber

[Mr Davis]

I am mildly disappointed but not surprised. What is perhaps surprising is that whenever we hear somebody threaten some sort of punishment sanction, the Opposition never say a word. This is something in the national interest, and every single member of our nation stands to gain by that.

[Mr Dominic Raab (Esher and Walton) (Con)]

I welcome the detailed plan set out by the Prime Minister for a post-Brexit Britain that means that we are a self-governing democracy and a firm friend to Europe but also with a global perspective. Does my right hon. Friend agree that it is absolutely vital that this is a positive vision, because that is how we can unite the country and make sure that Britain goes from strength to strength?

[Mr Davis]

My hon. Friend—my old friend—goes right to the heart of this. The purpose of this, and the reason we addressed the questions put by the Opposition, was that we wanted to get people behind a vision of Britain that will be in everybody’s interest—north and south; England, Scotland, Wales and Northern Ireland; every part of the country, rich and poor—and that is what we intend to do.