EU-UK Partnership: EU’s Mandate

Baroness Laing of Elderslie Excerpts

Thursday 4th June 2020 Commons Chamber

[Relevant documents: the First Report of the European Scrutiny Committee, The EU’s mandate for negotiating a new partnership with the UK, HC 218, and the Fifth Report of the European Scrutiny Committee, The EU’s mandate for negotiating a new partnership with the UK: Outcome of Select Committee consultation, HC 333]

[Madam Deputy Speaker (Dame Eleanor Laing)]

I should inform the House that Mr Speaker has selected the amendment to the motion in the name of Keir Starmer.

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[Michael Gove]

Yes, I think it would be a mistake. Different people have sincere views on this matter. For example, the Welsh Assembly Government—Labour—want an extension; the Mayor of London—Labour—wants an extension. The position of the Labour leader is not clear on this matter, but perhaps the hon. Member for Sheffield Central (Paul Blomfield) will enlighten us. The Scottish National party is clear in its view that there should be an extension, and the Democrat Unionist party is clear that there should not be. Every party in the House has a clear position—either for or against an extension—apart from the Labour party, although that point might be elucidated.

The reason I think we should not have an extension is that if we did, we would end up paying the EU more money, which we could spend on our own NHS. We would have to pay for continued membership. We would not know how much that would be; we know only that it would more than we currently pay on an annual basis. We would also be subject to rules shaped at European level, although we would have no say, and that would constrain our capacity to respond not just to the coronavirus crisis, but to other coming economic challenges. During that period, the decisions made by the EU27 will be, entirely legitimately, in their interests, and not necessarily in ours. That is why an extension would be unwise and run counter to the clearly expressed view of the British people when they elected my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson) as Prime Minister, on a manifesto that clearly spelled out that we will leave the European Union’s transition period at the end of this year.

Before I sit down and allow other Members to make their points, I am conscious that the explanatory memorandums that some Departments have provided to the Committee chaired by my hon. Friend the Member for Stone (Sir William Cash) have not always been as diligent and detailed as they should have been in ensuring that the European Scrutiny Committee can do its valued work. I assure my hon. Friend that I and the Paymaster General have spoken to all Departments to ensure that the Committee’s work can continue. It is vital, particularly during a period when we are not represented at European level, that any new addition to the acquis is scrutinised effectively by the House, and that the House has a chance to determine what response we make.

I look forward to contributions from across the House, and in particular I thank all 23 Select Committees that joined the European Scrutiny Committee in putting forward propositions for the Government to take account of during the course of the negotiations. I am grateful to Members from across the House for the continued and constructive engagement in helping us to secure a good deal.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I should inform the House that Mr Speaker has selected the amendment in the name of the Leader of the Opposition.

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[Jacob Young]

I appreciate what the hon. Gentleman has just said about the fact that we had a clear pledge in our manifesto and that you are well aware of the fact that we won the general election. In the light of that, what is your view on Michel Barnier’s letter to Opposition leaders calling for an extension to the transition period?

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I appreciate that the hon. Gentleman is new to the House and I do not want to upset the flow of the debate, but other Members may not be aware that you should not address someone in the House as “you”. “You” only means the Chair. During these unusual times, standards have been slipping and we must not allow that to happen. I know that I can trust the hon. Gentleman. I do not want to pick him out but he has just given me the opportunity to make sure that, from now on, he will refer to the hon. Gentleman as the hon. Gentleman.

[Jacob Young]

But the question stands.

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[Sir William Cash]

To answer the second point first, I am, of course, very conscious of what is going on in the negotiations. I hear what has been said repeatedly by the Government with respect to maintaining and protecting our vital national interests, and I believe that that will be the outcome—namely, we will ensure that we are not made subject to EU state aid in the way in which we have experienced it in the past. I have made the case. I can say more about it, but I do not need to for the moment.

With respect to the question of arbitration, it refers back in a funny way to my reference to John Bright, who was one of the initiators of the notion of international arbitration in the Alabama case. I will simply say this. I believe that the European Court’s jurisdiction cannot be allowed, but I go further: I think that some form of arbitration may be necessary, but not, under any circumstances, including our being subjugated to the rules and jurisdiction of the European Court.

I will now move on. For our report, my Committee consulted with 24 Select Committees, and we are immensely grateful to all of them for their contributions. The Prime Minister, in a written statement, followed by a Command Paper in February, made it clear—in line with Acts of Parliament that had already been passed, not to mention the outcome of the general election—that there would be no rule for the European Court of Justice, nor any alignment of our laws with the EU, and nor would any of the European institutions, including the Court, have any jurisdiction in the UK. Those statements and policies are entirely consistent with the democratic will of the British people. We asked the Government to publish their draft legal text, and I am glad to say that that has been done.

The timing of this debate is crucial because the Prime Minister will engage in a high-level meeting towards the end of this month. I ask the Chancellor of the Duchy of Lancaster for the exact date when that will take place, the agenda that will be before the meeting and who will attend on behalf of the EU and the EU27. This, in turn, is crucial, because Germany takes over the presidency on 1 July and there is all the sensitive history associated with Germany’s engagement with the EU, which I have debated and written about since April 1990, and have discussed face-to-face with many of its leading politicians, including Helmut Schmidt and others. My approach has been demonstrably justified by events. For example, the coronavirus package would move the EU towards greater EU fiscal and political integration, which the Germans would influence much more heavily than even they do today. Their slogan for the presidency is:

“Together. Making Europe Strong Again”

I simply add that we were not a minute too soon in leaving the EU.

The Government, in their Command Paper, say that by the end of June there is the opportunity for the

“outline of an agreement…capable of being rapidly finalised by September. If that does not seem to be the case...the Government will need to decide whether the UK’s attention should move away from negotiations and focus solely on…preparations to exit the transition period in an orderly fashion.”

Recent correspondence between our chief negotiator, David Frost, and Michel Barnier indicates that there is no real progress in the negotiations, because the EU is invariably asking for the impossible and, as correctly indicated by David Frost, the EU is not offering a “fair free-trade relationship” but a

“low-quality trade agreement…with unprecedented…oversight of our laws and institutions..”

Our vital national interests, which derive from our democracy and self-government, which is what this debate is about, are paramount.

I was extremely glad to hear what the Leader of the House said at today’s business questions on the issue of the extension of the transitional period, because he used the hallowed words of the late Margaret Thatcher, “No, no, no.” I am delighted to hear similar sentiments expressed by the Chancellor of the Duchy of Lancaster this afternoon. Any extension of the transition period, through which Mr Michel Barnier is outrageously trying to seduce remainers, would simply prolong negotiations; as David Frost stated, it would create more uncertainty, leaving us paying far more to the EU and binding us to EU laws, when we have democratically and lawfully decided to leave the EU by our own sovereign decision and our own sovereign legislation.

As for the Labour amendment to this motion, it completely turns the purpose of the “good faith” and “best endeavours” in article 184 of the withdrawal agreement, which places an obligation on the EU to enshrine European sovereignty, on its head. The amendment would betray that and with it the democratic will of the British electorate. In conclusion, I urge the Government to review the Northern Ireland protocol, which raises concerns about EU law and European Court jurisdiction, and the status of Northern Ireland. I look to the Government to ensure that the whole UK leaves on our own terms, because our sovereignty and self-government is an absolute bulwark of our freedom and our democracy.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I should warn the House that after the speech by the Scottish National party spokesperson there will be a time limit on Back-Bench speeches of four minutes; of course, that does not apply to Joanna Cherry.

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[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. We now have a time limit of four minutes.