UK’s Withdrawal from the European Union

George Eustice Excerpts

Wednesday 13th March 2019 Commons Chamber

[Michael Gove]

I am delighted to give way to my dear Friend.

[George Eustice (Camborne and Redruth) (Con)]

I thank the Secretary of State for giving way. He is right to say that the European Union does not have border infrastructure in place to carry out the border inspection checks that he mentions. Is that perhaps why the EU has asked us to dynamically align our regulations for a period of nine months so that it would not have to carry out such checks during that period?

[Michael Gove]

My hon. Friend is right, but dynamic alignment during those nine months would mean our being a rule-taker during that period. Dynamic alignment would allow us to be registered as a third country, but there would also be sanitary and phytosanitary—SPS—checks on a variety of products.

--- Later in debate ---

[George Eustice (Camborne and Redruth) (Con)]

I resigned from the Government two weeks ago over the issues that we will be debating in the days ahead. Since Parliament has now taken direct control of events and decisions in this negotiation, I wanted to be free to participate in that debate and to make the case publicly on the Back Benches that I have made privately within the Government over the past year.

I fear that Parliament has set us on a dangerous course. We are in real danger, today, of signalling to the European Union and others that we are too scared to leave without a deal and, tomorrow, of ordering the Prime Minister to go on her hands and knees, and cap in hand, to Brussels—

[Heidi Allen]

Will the hon. Gentleman give way?

[George Eustice]

No, I will not give way.

We may be ordering the Prime Minister to go cap in hand to the European Union to beg for an extension to article 50, and we do not know what counter-offer it may make. It may demand that that extension must be for two years, and it may demand a large financial charge for that extension. It may even say that it will not give an extension, but that it is open to us to revoke article 50. Members in this House may face a very difficult, very uncomfortable decision in just a couple of weeks’ time.

I believe that we must be willing, if necessary, to take our freedom first and talk afterwards. We know that the European Union—I worked closely in a lot of the preparations for no deal—is already seeking what is, in effect, an informal nine-month understanding.

There have been a number of points over the past two years when I think the Government could have reappraised their approach to the negotiations. Personally, it became clear to me a year ago, at the point at which the implementation period was agreed, that our negotiations were getting into a little bit of trouble, and that we were in danger of drifting along a path of least resistance, only to find that we had an agreement that Parliament would not accept. At about that time, something else interesting happened.

[Lady Hermon]

I am extremely and sincerely grateful to the hon. Gentleman for giving way. Can I take it that he has made a point of speaking to the Chief Constable of the Police Service of Northern Ireland, who has warned consistently about the dangers of no deal, of a hard Brexit and of a hard border on the island of Ireland?

--- Later in debate ---

[George Eustice]

I have not spoken to the Chief Constable, but I have been involved in a lot of other negotiations on the DEFRA front.

On 22 March last year, when I was visiting Oslo for some fisheries negotiations, our then ambassador to Norway told me that she had had a busy week, because she had been placed on standby by the Foreign Office to deliver a letter by hand to the Norwegian Government giving 12 months’ notice of our intention to quit the EEA. In the end she was stood down, because of the transition agreement, and this country took a conscious decision not to give notice of an intention to quit the EEA.

That made me curious, because up until that point, and indeed since, the Government have always maintained that when we leave the EU our agreement under the EEA will automatically fall away. If that were true, and if it were the only possible interpretation of the EEA treaty, why was our ambassador armed with that letter to deliver to the Norwegian Government? After much probing, I established that there is indeed more than one interpretation that could be adopted, and the Foreign Office was concerned that, in the absence of giving that notice, we could be subject to challenge under the Vienna convention.

For me, that opened the prospect of a different approach: relying on our existing EEA membership, asserting our rights under that treaty, and simply applying to join the EFTA pillar of the EEA agreement. That arrangement means we would have had no customs union; control of our fisheries and agriculture policy; an independent trade policy; no need for an implementation period; no need for a backstop; and no need to worry about whether we have a codicil or a protocol, since we would be able to quit at any time, with 12 months’ notice in writing.

I have tremendous respect for my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) and was initially very encouraged when he picked up that idea and ran with it. However, as hon. Members who know him will know, he also has a tendency to overcomplicate things, so a simple and clean EEA model that could have given us an easy pathway out of this became Norway-plus, then the customs union 2.0, and then a backstop was added as well. The result is that it has alienated many Members on the Government side of the House who might otherwise have supported it.

In conclusion, my view is that, first, we need to unhitch the customs union and the backstop from any proposal based on our existing EEA membership. That might require us to be ready to leave without an agreement. Secondly, we can dynamically align our regulations over the next nine months. Finally, we can have the dynamic alignment as a bridge to a new arrangement in which we apply to join the EFTA pillar.