European Union (Withdrawal) Act

Edward Leigh Excerpts

Tuesday 12th March 2019 Commons Chamber

[The Prime Minister]

I am very happy to give my hon. Friend that certainty. As I say, I believe that we should be delivering on the vote of the British people in 2016, but I also believe it is important that we give businesses, as my hon. Friend has said, certainty for their future. There is only one certainty if we do not pass this vote tonight, and that is that uncertainty will continue for our citizens and for our businesses.

[Sir Edward Leigh (Gainsborough) (Con)]

May I ask a question of the Prime Minister about the unilateral declaration? I thank her for listening, as I have been trying to make this case for the past two months. There was a question I put to the Attorney General that I think has now been answered. Am I right in saying that the unilateral declaration states that there is nothing to stop the United Kingdom leaving the backstop if talks break down? It is a very clear unilateral statement: if talks break down, am I right in saying that the EU has to prove good faith? It is a unilateral declaration, and we do not have to use the word “conditional” because the EU has not objected, and if we lay this declaration at the time of ratification, it is binding on the EU.

[The Prime Minister]

One of the key elements in relation to what my hon. Friend has said is that this unilateral declaration has not been objected to by the European Union. That is what ensures its legal status and its legal basis. As he says, what we say in there is that, in the circumstances in which it is not possible to agree or arrange the future relationship with the European Union,

“the United Kingdom records its understanding that nothing in the Withdrawal Agreement would prevent it from instigating measures that could ultimately lead to disapplication of obligations”

in relation to the protocol.

--- Later in debate ---

[Sir Edward Leigh (Gainsborough) (Con)]

I voted Brexit, and so did my constituency, by 62% to 38%. It always seemed to many of us that our job was to try to deliver the decision of the people, but we were aware that unfortunately we were in a minority in Parliament and might have to compromise. It became clear to many of us months ago that the EU was unwilling to unpick the agreement. It also become abundantly clear that we could not get the deal through Parliament. So, what was the way forward? It seemed to me that there was some sort of logical way forward, because the two parties themselves had agreed that the backstop should only be temporary. If the backstop proved not to be temporary, could we not, under the Vienna convention or international law, unilaterally escape from it?

I took legal advice—I am grateful to Professor Peter Willetts, the emeritus professor of global politics at City, University of London—and eventually suggested to the Government that they use the device of a conditional unilateral declaration. It was met with some scepticism at first, but the campaign continued, and I am delighted that the Government have now issued a unilateral declaration.

The shadow Brexit Secretary and the Leader of the Opposition made it clear today that they believe the unilateral declaration is not watertight because the EU has not signed up to it. That is simply not true under international law. We are perfectly entitled under international law to interpret the treaty in the way that the parties appear to want to interpret it, which is that the backstop should be temporary. Once one of these conditional interpretative declarations—that is the term of art used—is issued, it can cease to have effect only if the other party to the treaty refuses to ratify that treaty. Not only has the EU not refused to ratify the treaty, but it has not objected to our declaration.

Our declaration makes it absolutely abundantly clear that there is nothing to stop us exiting the backstop if discussions break down. We do not have to prove a lack of good faith by the EU; we have simply stated in our unilateral declaration that there is nothing to stop us exiting the backstop if discussions break down. In paragraph 14 of the Attorney General’s report, he says that this is

“a substantive and binding reinforcement”

of our rights.

Now, of course there is a risk, but life is full of risks, and against the minimal risk of our being trapped in the backstop, which I believe to be minimal because we have issued the unilateral declaration and because of the stated desire of the parties, there is a much greater risk for us Brexiteers that tomorrow Parliament will block no deal, and that the next day Parliament will vote to extend article 50. For those of us who believe in Brexit and in delivering the will of the people, that is a far greater risk than the fairly small risk of our being trapped in the backstop forever. I appeal to my fellow Brexiteers: you may not like the deal, and it is not perfect, but it delivers Brexit. Let’s go for it.

Exiting the European Union

Edward Leigh Excerpts

Monday 11th March 2019 Commons Chamber

[Mr Lidington]

First, of course, all parties agree that the backstop, were it ever to be used, is temporary. Indeed, article 50 is not a legal basis for any sort of permanent relationship between the European Union and a third country of any kind. On the specific points that the hon. Gentleman made, the language that I used in the statement reflected the concerns that have been expressed often inside and outside this House that there would be an effort by some countries within the European Union to keep us in the backstop because, such critics argued, they would see economic advantage or leverage in so doing. What the joint instrument makes very clear is that any such action would be a breach of the EU’s formal international legal obligations.

[Sir Edward Leigh (Gainsborough) (Con)]

The hon. Member for Brighton, Pavilion (Caroline Lucas) has alluded to the Adjournment debate that I had a few weeks ago on this issue of the conditional interpretative declaration, which I have been pressing the Government to use for some time. Can my right hon. Friend confirm that, under international law, such an interpretative declaration does indeed have the full force of international law, it is legally enforceable, it has exactly the same weight as the withdrawal agreement and the advantage of it is that it allows us to make a statement that the backstop is indeed temporary, or has a time limit, and it is now up to the EU if we have made such an interpretative declaration to refuse to ratify the treaty? A mere protest is not good enough, so this has full legal force. It is a very useful instrument and the House should pay the closest attention to it.

[Mr Lidington]

My right hon. Friend has been a consistent advocate of this approach and I have heard him speak and intervene a number of times in this Chamber on that theme. I am happy to confirm that the description that he has given is accurate.

UK’s Withdrawal from the EU

Edward Leigh Excerpts

Wednesday 27th February 2019 Commons Chamber

[Mr Lidington]

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

[Sir Edward Leigh (Gainsborough) (Con)]

On a more positive note, in order to get the withdrawal agreement through, which we should all want, does my right hon. Friend agree that it is not necessary to unpick it? Under international law, we could have a conditional interpretative declaration stating that the backstop is not permanent. If we get that and if the Attorney General changes his mind, will my right hon. Friend join me in urging all my Brexiteer colleagues to vote for this agreement, because the choice is no longer perhaps between an imperfect deal and no deal, but between an imperfect deal and no Brexit?

[Mr Lidington]

I agree with my hon. Friend. We all wish my right hon. and learned Friend the Attorney General well in his continuing talks with representatives of the European Commission.

European Union (Withdrawal) Act 2018

Edward Leigh Excerpts

Tuesday 29th January 2019 Commons Chamber

[Sir Edward Leigh (Gainsborough) (Con)]

It may be a bit of cliché now, but I say to the hon. Member for Leicester West (Liz Kendall) that the best way to prevent no deal is to vote for a deal. [Interruption.] Well, I am afraid it is pretty obvious.

We have heard so much in this debate about compromise, and we have all had to compromise. This is where I agree with my right hon. Friends the Members for Ashford (Damian Green) and for West Dorset (Sir Oliver Letwin). We come to this debate from different directions— I voted to leave in the referendum, and we only won by 52% to 48%—and we cannot get a deal for ourselves that gives us 100% of what we want, so we have to settle for most of what we want.

Frankly, what the Prime Minister has provided us with is leaving the EU, getting control of migration and, after a process of perhaps two or three years, getting out of the customs union. I am not a hard Brexiteer or a soft Brexiteer, but a measured Brexiteer, and that is what the Prime Minister is trying to do. We cannot of course have government by a sub-committee of the 1922 committee. We cannot keep kicking this can down the lane, as we have been told again and again. We have to come to a decision, and probably within the next two weeks we will have to make that final decision.

I say to the Government that I, like so many of my colleagues, will be supporting amendment (n). We want to give the Government some negotiating push to try to resolve this, but we have heard again and again that the EU will not contemplate any amendment to the withdrawal agreement. I say—and I repeat—that there is a solution to this, and we may have to do this in the end if we are going to get this deal through Parliament and reassure in particular our colleagues from Northern Ireland: we may have to issue a letter of reservation, under the Vienna convention, to the treaty. It would say that as both parties agree that the backstop is temporary, if it proves not to be temporary but subsists after 2021, we reserve the right under the Vienna convention to end the backstop and get out of it.

The EU could of course refuse to ratify the treaty, but we do not have to issue the letter of reservation at the time. I believe, however, that if we make absolutely clear our intention that the backstop should be temporary—that is what we have all agreed: the EU has agreed, the DUP has agreed, the Conservative party has agreed, the Labour party has agreed—and we are all agreed, this problem is surmountable. However, the Government must now take action.

I just make one final plea. We talk so much about compromise. At the end of the day, although the Prime Minister is accused of running down the clock, she is doing her level best to deliver what the British people want. So let us finally support her, and let us push this deal over the line.

European Council

Edward Leigh Excerpts

Monday 17th December 2018 Commons Chamber

[The Prime Minister]

The hon. Gentleman asked me a question in relation to what I was doing and I have to say that my answer to that question is no.

[Sir Edward Leigh (Gainsborough) (Con)]

We have had our people’s vote in Lincolnshire—and they are people, by the way. May I express an unfashionably supportive view of the Prime Minister today? I think that this matter is resolvable, and many of us who have been sceptical about the deal so far could be persuaded to vote for it if there were a legally binding protocol saying that, as is normal with international treaties, if a temporary arrangement ceases to be temporary, then either side can unilaterally withdraw, and in any event under international law we would have the right to abrogate those parts of the treaty if they prove not to be temporary. So I say to the Prime Minister—keep calm and carry on.

[The Prime Minister]

I thank my hon. Friend for his comments and I think that the amendment he has tabled to the motion reflects the view he has just expressed. There are many ways in which we can achieve what everybody, I think, who is concerned about the backstop wants, which is to make sure that if it is used it is only temporary. I want to try to make sure it is not used at all.

Leaving the EU

Edward Leigh Excerpts

Monday 26th November 2018 Commons Chamber

[The Prime Minister]

I have answered those questions on article 50 and the people’s vote in response to other questions. My focus is on this deal and the fact that this is the deal that is good for the United Kingdom, because it delivers on the Brexit vote in a way that protects jobs.

[Sir Edward Leigh (Gainsborough) (Con)]

If it is indeed true that both the Government and the European Union believe that this backstop will be temporary, will the Prime Minister take an opportunity before the meaningful vote, or indeed accept an amendment to the meaningful vote, to make it absolutely clear that if, by the end of the due date of this Parliament, we are still held in this backstop and still held in customs arrangements against our will, she will abrogate those parts of the treaty and restore our national sovereignty?

[The Prime Minister]

My hon. Friend, I know, has raised with me before the question about the extent to which we are able to pull out of these treaty arrangements, and he and I are corresponding on that particular matter. May I say to him that not only is it the clear intent of both parties, using their best endeavours in good faith in these documents, to ensure that we are able to have the future relationship in place by the end of December 2020 and thereafter, but that should it be the case that an alternative arrangement has to be in place for Northern Ireland, it should be for only a temporary period, whether backstop or other arrangement, because it is not a given that that would be the backstop—[Interruption.] There are a lot of voices saying no, but it is not a given that that would be the backstop. It is my firm intention to ensure that, at the end of this Parliament, we are all able to look the British people clearly in the eye and say, “We have delivered on Brexit; we have delivered on what you wanted to ensure, which was an end to free movement, an end to the jurisdiction of the European court and an end to sending vast sums of money to Europe every year.”

Progress on EU Negotiations

Edward Leigh Excerpts

Thursday 22nd November 2018 Commons Chamber

[The Prime Minister]

I do not agree with the first part of the right hon. Gentleman’s question. I believe that actually, as an independent state outside the European Union, the United Kingdom will continue to play a very key role in a number of multilateral organisations around the world, such as the United Nations and NATO. More than that, we have already started to extend our partnership to countries around the world where we have not had the same extent of partnership as a member of the European Union and to look forward to us outside the European Union. I think the right hon. Gentleman has probably asked me the question about the economics previously. Outside the European Union, I believe it is important for us not only to have a good trade relationship with the European Union—that is what this deal delivers—but to be able to develop those trade relationships around the rest of the world.

[Sir Edward Leigh (Gainsborough) (Con)]

Will the Prime Minister help those of us who want to try to help her in this vote? She knows that what we are worried about is that we will be trapped for years in a customs union. She tells us that this backstop is temporary, so can she give me this commitment? Given that the Vienna convention makes it absolutely clear that a sovereign state can abrogate any part of a treaty with an international body when it likes and that this Parliament cannot bind its successors, if by the end of this Parliament—or the due date of the end of this Parliament—or by 1 January 2022, we are still trapped in these arrangements, will she assure me that she will abrogate those treaties and we will become an independent nation again?

[The Prime Minister]

The premise of my hon. Friend’s question is that we would be in the backstop by 1 January 2022. I repeat to my hon. Friend and to others, first, that it is our intention and the intention of the European Union to work to ensure that the backstop need never be brought into place. There are many references throughout the withdrawal agreement and the political declaration that make clear the temporary nature of the backstop, should it be exercised. But of course, as I said earlier, even if an interim arrangement were necessary, it would be the case that alternative arrangements—the extension of the IP—could be in place instead of the backstop.

My hon. Friend asked me about the due date for the end of this Parliament—the general election in 2022. What I am very clear about is that it is my firm intention that we will be firmly in our future relationship with the European Union by the time of the next general election, such that we are able to look the British people in the eye and say, “You gave us an instruction to leave the European Union, and we have delivered.”

EU Exit Negotiations

Edward Leigh Excerpts

Thursday 15th November 2018 Commons Chamber

[The Prime Minister]

I could refer the hon. Lady to answers I have given earlier, but let me repeat my answer: this Parliament gave the people a vote, the people voted to leave, and we will deliver on the people’s vote.

[Sir Edward Leigh (Gainsborough) (Con)]

With respect to my hon. Friend the Member for North East Somerset (Mr Rees-Mogg), I believe these issues are so complex that one should not deal with them on a personal basis, but will the Prime Minister help me in my loyalty by answering my question? What if the Brexit Secretary is right: what if his devastating resignation letter is correct and we are likely, or possibly, going to be locked permanently in a backstop arrangement? What if, therefore, she loses this vote in Parliament, which is very likely: can she promise me that, whatever happens in this vote, she will deliver Brexit at the end of March?

[The Prime Minister]

First, we will be leaving the EU on 29 March 2019; that is a set date and I am determined that we will deliver on that whatever happens in between. On the backstop question, as I have said, neither side wants the backstop arrangement to be operated, but if it was, it is no more than a temporary construct. There are various aspects to this, and I will draw my hon. Friend’s attention to one or two of them. First, it is not possible on the legal basis of article 50, under which this withdrawal agreement is set, for it to set a permanent relationship for the future. That is explicitly referred to in the withdrawal agreement: it does not establish a permanent relationship. That is inherent in the operation of the article 50 legal base. I also say to my hon. Friend that one of the things we have got removed from this protocol is the idea that was there at one stage that if we had moved on to the future relationship and the British Government chose to change that future relationship, the backstop could be reinserted; it cannot be—once it is superseded, it cannot be revived.

October EU Council

Edward Leigh Excerpts

Monday 22nd October 2018 Commons Chamber

[The Prime Minister]

I think there is a misunderstanding about the process that I thought I had explained in response to my hon. Friend the Member for North East Somerset (Mr Rees-Mogg). We cannot finalise and sign the legal text of our future relationship and trade partnership with the EU until we have left the EU, but we can know what that future relationship will be, and that is exactly what we are negotiating and will be part of the final deal.

[Sir Edward Leigh (Gainsborough) (Con)]

I ask this question on behalf of those of us who support the Prime Minister and want to go on supporting her. Will she confirm what the Brexit Secretary has just said—that the procedures of the House are quite clear and that if there is no deal, there will be a vote on a neutral motion, and if there is a deal, the House will indeed be able to reject it? Will she make it absolutely clear that only the Government can initiate legislation and that while she is Prime Minister, on her watch, deal or no deal, deal accepted or rejected, she will deliver Brexit on 29 March?

[The Prime Minister]

Yes, I am very happy to do that. My right hon. Friend the Secretary of State for Exiting the European Union set out the position in relation to the procedures of this House in response to questions following the urgent question earlier, but I can absolutely guarantee to my hon. Friend that we will be leaving the EU on 29 March 2019.

Electoral Commission Investigation: Vote Leave

Edward Leigh Excerpts

Tuesday 17th July 2018 Commons Chamber

[Chloe Smith]

I am sorry that the hon. Lady has felt the need to get quite so personal. I am not complacent. If she had been listening carefully, she would have heard me say that these issues are very, very serious. I am also saying that the Government respect the work of an independent regulator and do not comment on its ongoing investigations, but will wish to look in the round at the results of all the ongoing investigations.

[Sir Edward Leigh (Gainsborough) (Con)]

Have the Government received any representations from the Labour Front Bench to rerun the referendum?

[Chloe Smith]

Not at the last count. I believe that there were 60-odd individuals who did want to do so, but I am not sure whether they are on or off the Front Bench at this time.