EU Withdrawal Agreement

Drew Hendry Excerpts

Tuesday 18th December 2018 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I will start by trying to perform something of a Christmas miracle by striking a note of consensus for just a moment. I am sure that hon. Members from across the House would want to join me in marking International Migrants Day. [Hon. Members: “Hear, hear.”] It was not that painful, then. It is a day for thanking our migrant family members, friends and neighbours for everything they have brought into our lives, and for committing ourselves to ensuring that all who have made this country their home can live full and happy lives, free from anti-migrant prejudice and discrimination.

In that spirit, I thought I would use my speech to take a slightly different tack and suggest how the Prime Minister might just be able to salvage one meaningful thing from ongoing talks with Brussels—something that could bring a bit of peace of mind to the 3 million EU migrant friends and colleagues we have here, as well as the 2 million or so British people living across the EU, and a way to save us from a completely wasted month. If the Prime Minister wants to do something meaningful that I think would have widespread support in the Chamber, she should seek to ring-fence the agreement on citizens’ rights, so that even in the doomsday scenario of no deal on everything else, those rights would be protected. I do not for a minute think that that would be easy, and it might be that it cannot be done, but it is worth a try, because not trying means that all the 3 million have to rely on is a unilateral promise from the UK Government. Not trying also means that the British in Europe risk losing rights unless Governments in the 27 other member states each unilaterally pass legislation to replicate their status before April.

Of course, the Prime Minister says she has already committed to ensuring that EU nationals can remain here in the event of no deal—the Secretary of State and the Chair of the Exiting the European Union Committee referred to that earlier—but there are three problems with leaving it at that. First, it is no help to the British in Europe. Secondly, the Government’s published arrangements for EU nationals in the event of no deal are a watered-down version of the citizens’ rights in the withdrawal agreement. Why is that? There is no justification for the difference in treatment. Thirdly, and most fundamentally, a unilateral promise from the Prime Minister can be here today and gone tomorrow. We have seen all sorts of Government promises ripped to shreds in recent weeks.

Even if the Prime Minister sticks to that commitment, it does not bind her successors. Those citizens’ rights can be repealed in the blink of an eye, perhaps even through a change to the immigration rules. Who knows? We could end up with a Government daft enough to commit to reducing EU migration by something like 80%, if recent reports are in the right ballpark. It may be that a target-obsessed Prime Minister decides that the only way to meet that goal is to clamp down further on the family reunion rights of the 3 million.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

Hostile environment.

--- Later in debate ---

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

Mr Deputy Speaker, how do you follow someone who is speaking in a different debate from everybody else?

This entire process has from the start been one long con job. The EU withdrawal agreement is a complete fudge. The Prime Minister’s visit to Brussels for concessions on the backstop is proof that the she, like the hon. Member for Ochil and South Perthshire (Luke Graham), lives in a parallel universe. It is absolutely obvious that nothing was gained, and it is obvious that her deal still cannot get through Parliament. It is a damning indictment when an EU diplomat labels the Prime Minister unprofessional and conclusions are changed in frustration at her attitude. It is little wonder that her Ministers are now coming up with alternatives while she has her head in the sand.

The current failures reflect a failed strategy from a Government that she was part of from the outset. The voting franchise was a con. It is an absolute disgrace that EU citizens living here and paying taxes were excluded along with 16 and 17-year-olds. These cohorts would have changed the outcome of the vote and we would not be in the mess we are currently in. Then we had the Vote Leave lies, an organisation whose chair is still a Secretary of State in this Government. We had the Cambridge Analytica scandal and the confirmation of dark money, which the Tories are up to their necks in. The con job goes all the way back to 2014, when the Better Together campaign told Scotland that the only way to retain EU membership was to vote no in that referendum.

The reality is that EU citizens, including my wife in Scotland, are worried about their future, despite any hollow reassurances from the UK Government. I do not want freedom of movement to end, even though that pledge itself is another con trick. Article 5 of the Ireland-Northern Ireland protocol states that within the common travel area there will be

“free movement for Union citizens and their family members, irrespective of their nationality, to, from and within Ireland.”

There it is in black and white: freedom of movement to Northern Ireland will continue. Therefore, the only way to resolve freedom of movement to Great Britain is a border in the Irish sea. According to the Prime Minister the backstop is the only issue, but there are so many aspects that have been kicked into the long grass that still need to be resolved to avoid the backstop arising—key matters that the Prime Minister should resolve, but pretends do not exist.

Just last night, the Tories refused to take an amendment to the Fisheries Bill that would see the end of the common fisheries policy by 31 December 2020. The Fisheries Minister admitted that there might need to be an extension of the transition period, so what is there to stop another sell-out of the fishermen? Worse, the Fisheries Minister had to correct the record to confirm that under the backstop Northern Ireland will have tariff-free access to the EU, whereas Great Britain will not. What is the Prime Minister doing to resolve that competitive disadvantage for Scottish fishermen?

[Drew Hendry]

My hon. Friend is making a very important contribution. Is it not a fact that the Tories have always seen Scottish fishing as dispensable? In fact, that was actually Government policy when they entered the CFP.

[Alan Brown]

Absolutely. That is an historical fact. We only had to see the dynamics in the Fisheries Bill Committee last night. The hon. Member for Banff and Buchan (David Duguid) tabled an amendment which he said was only a probing amendment and he then voted against leaving the CFP on 31 December 2020.

All these things are proof that the Prime Minister’s red lines were a con as well, as was the Scottish Secretary’s threat to resign if Northern Ireland was given special status. The Scottish Secretary has refused to even look at the compromises suggested by the Scottish Government. It really is time for the UK Government to acknowledge that for any deal to get through this Parliament, it will have to include the single market and the customs union—something that is more likely to appeal to the EU than further UK demands for concessions.

After two years of our being told that no deal is better than a bad deal, we are now suddenly told, “No deal would be a disaster—but don’t worry about a disaster, because we are planning for it! We are putting arrangements in place.” We have had a Brexit Secretary who did not know how important Dover was, and the Transport Secretary did not visit Dover until October 2018. The Transport Secretary also promised that there would be an aviation deal, and then two years later admitted that discussions had not even begun on the aviation agreement. That is how much of a con this Government’s no-deal preparations are—they are an absolute joke.

It is not a binary choice between a bad deal and no deal. The European Court of Justice ruling means that MPs can revoke article 50. As other hon. Members have said, we need to seriously consider a people’s vote. In Scotland, as new polls show, independence within the EU is preferable to Scotland being dragged out against its will. It is quite clear that we need our own independence referendum to let the people of Scotland decide our future.