EU Withdrawal Joint Committee: Oversight

Henry Smith Excerpts

Wednesday 20th March 2019 Commons Chamber

[Kwasi Kwarteng]

My hon. Friend is quite right to say that the EU may have a veto, but just as the mutual consent provision gives the EU a veto, it also gives us—the UK Government—a veto over such decisions. On VAT and other matters, much of what my hon. Friend said referred, in my understanding, to phase 2 of the negotiations, in which there will be, one hopes, a more comprehensive free trade agreement. That is the ultimate goal to which we are tending.

[Henry Smith (Crawley) (Con)]

For five years from 2010, I was a member of the European Scrutiny Committee, which went through reams of directives from the European Union every week. One of the reasons why many of my constituents said that they voted by a majority to leave the EU was the lack of transparency and accountability of that bloc. To continue on the theme of big cats, which was introduced by the hon. Member for Rhondda (Chris Bryant): a leopard does not change its spots, and I do not think that the EU will either. Will the Minister therefore make a commitment that if the withdrawal agreement goes through and this Joint Committee is constituted, we will have a statement from a Minister at the Dispatch Box after every meeting of that Committee?

[Kwasi Kwarteng]

My understanding is that the Government’s engagement with this House will be full, and as transparent as possible, in respect of decisions and meetings of the Joint Committee. I look forward to my hon. Friend’s participation in further scrutiny Committees when we have got the agreement through the House and when the Joint Committee sits.

No-deal EU Exit Preparations

Henry Smith Excerpts

Wednesday 20th March 2019 Commons Chamber

[Chris Heaton-Harris]

I think I can stand up and speak for the nation when I say the only sense of dread and doom I have is when the hon. Gentleman is ready to speak.

[Henry Smith (Crawley) (Con)]

I remind my hon. Friend that we both stood on an election promise that no deal was better than a bad deal, but beyond that can he confirm that aviation agreements are in place so that planes will be flying to and from Gatwick and other UK airports on 30 March?

[Chris Heaton-Harris]

Yes, I can confirm that we have signed a whole suite of aviation agreements and that is the case.

Article 50 Extension Procedure

Henry Smith Excerpts

Monday 18th March 2019 Commons Chamber

[Kwasi Kwarteng]

As I have said, in a spirit of optimism, I still believe that there is a chance—perhaps a slim chance—that the meaningful vote will go through. People can scoff and laugh, but I still believe that. In the event that it does not go through, we will have to ask for an extension, then the SI will be laid before the House. There will be ample debate next week on what the House might wish to do in that longer extension period.

[Henry Smith (Crawley) (Con)]

You correctly said in your statement to the House earlier, Mr Speaker, that in December we had three days of debate on the withdrawal agreement before the Government pulled that vote. I think we had another five days of debate in January before the first meaningful vote. I think I am correct in saying that, at that Dispatch Box, the Prime Minister said 108 times that we would be leaving the European Union on 29 March.

This is a very important matter for the country, and the Minister just said that we would need ample debate on an SI to change the date. May I have assurances that we will have at least a week’s worth of debates in this House to ensure that we discuss it properly?

[Kwasi Kwarteng]

My hon. Friend knows the procedures of this House as well as I do. As I said in answer to my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois), that is a matter for the business managers. My right hon. Friend, as a former Whip, knows exactly how time is allocated in this House, and this is not something that I can opine on from the Dispatch Box.

UK’s Withdrawal from the EU

Henry Smith Excerpts

Thursday 14th February 2019 Commons Chamber

[Henry Smith (Crawley) (Con)]

It is a pleasure to be called to speak in this important EU withdrawal debate, particularly after so many impassioned speeches from those on the Front and Back Benches.

Almost exactly three years ago, it was confirmed that the EU membership referendum would take place in June 2016, and it is now more than two and a half years since the referendum took place. In my constituency, the vote to leave the European Union was 58%, and across the country it was 52%. Since then, as the hon. Member for Wallasey (Ms Eagle) said, there has been a general election in 2017, when 589 now elected Members of this House stood on a manifesto commitment to deliver the result of the referendum.

The message I get is as follows. Just the other day, I was walking down Tilgate shopping parade in my constituency, and as is typically the case, someone came up to me and wanted to know about the current Brexit debate in Parliament. They said, “Why aren’t we getting on with the decision we made two and a half years ago?” That is a compelling argument.

We have heard this afternoon calls for a so-called people’s vote. I would argue that we had a people’s vote in 2016. We have also heard calls for an extension of article 50, to delay our departure from the European Union. We have heard from those Members concern about the uncertainty of Brexit. The one thing that will maintain uncertainty is questioning the democratic decision that was taken by holding a second referendum. That would certainly do a lot to damage our democracy and prolong uncertainty, as would a delay to article 50, and that is before we even get into the issues of whether the remaining 27 members of the EU would allow article 50 to be extended and, if article 50 were to be extended beyond July, of EU elections.

Mention has been made of how we should be taking no deal off the table. I have never known a negotiation where one party goes in and says that they are not willing to walk away from that negotiation. [Interruption.] I hear some jeering from Opposition Members, many of whom are sponsored by trade unions. I cannot imagine a trade union going into a negotiation with an employer and saying in those negotiations that it would not be willing to strike.

[Mr McFadden]

The problem with this “walk away” analogy is that in any other negotiation when someone walks away, the status quo applies. That is not the case here: when we walk away from this, a whole new and terribly damaging set of new things comes into force. That is why this analogy with a business deal is so fatuous, ridiculous and wrong.

[Henry Smith]

I am very grateful to the right hon. Gentleman for mentioning the status quo, because I do not think the status quo of remaining inside the European Union is good for this country. The European Union is increasingly a protectionist bloc. The European Union is not outward and global in its approach. This country, with its unique global links, can use them to have a much more positive future, instead of locking itself into the ever closer union that is producing a democratic deficit at the heart of the EU, not to mention things such as a European army.

[Mr Alister Jack (Dumfries and Galloway) (Con)]

My hon. Friend very clearly makes the point that we did not vote for the status quo. It is quite clear: 17.4 million people voted to leave. Does he agree with me that the inevitable outcome, if we do not have a deal, is no deal? That is not the status quo.

[Henry Smith]

I think people in this country have rejected the status quo, and I see Brexit as an opportunity for wider constitutional reform in relation to devolving power, fundamentally changing the way the other place works fundamentally and many other aspects. People wanted change. Actually, I think throughout Europe—throughout many EU member states—there is a real desire for change. If we do not respect the democratic decision, then some of the civil unrest we have seen on the streets of Paris, Lyon and Marseille, some of the economic contraction we see in Germany and the crisis in countries such as Italy will be visited on this country.

[Charlie Elphicke]

My hon. Friend is making a typically powerful speech. Can he think of anything more craven than for Members of this House to vote one day to trigger article 50 and then to say two years later, “Oh, we didn’t mean to do that. We need to carry on”? Is that not just craven and, frankly, pathetic?

[Henry Smith]

We have seen significant majorities both in favour of leaving the European Union, in that about 80% of Members of Parliament elected at the last general election said they would follow through on it—

[Anna Soubry]

Will my hon. Friend give way?

[Henry Smith]

I do not have any time; I do apologise.

[Anna Soubry]

Oh!

--- Later in debate ---

[Henry Smith]

Actually, yes, I will give way very briefly.

[Anna Soubry]

Can my hon. Friend remind us of the promises made by the leave campaign, which he supported? It repeatedly said that we would not leave the European Union until a trade deal securing our future trading relationship with the EU had been secured. Does he remember such broken promises?

[Henry Smith]

I never made that promise when I supported leaving the European Union. I believe that a deal is the best way forward, but let us not forget that the vast majority of right hon. and hon. Members voted in favour of the legislation to leave the European Union on 29 March, and if no deal is the result, that is the default position.

[Vicky Ford]

I thank my hon. Friend for reminding us of what was said in the past. The Conservative party manifesto that I stood on in 2017 stated clearly that we would seek a deep and special partnership with the EU, including a new free trade agreement and a customs agreement. Does my hon. Friend still stand by that promise?

[Henry Smith]

Yes, we absolutely should be seeking and honouring a deep and close relationship with our neighbours and allies in Europe, but the trouble with a customs union, which Labour Members advocate, is that it would prevent us from doing the global free trade deals that, in a world that is getting smaller, are key to our prosperity. The key to this country’s future prosperity is our unique global links, and being a conduit for that thanks to our proximity to Europe. We must be robust in the ongoing negotiations, and I support the Prime Minister in continuing them. I have never known an EU negotiation that did not go down to the last moment, and I therefore remain optimistic about our future. For goodness’ sake, we should be more optimistic as a House and country, because our best years are ahead.

EU Exit: Article 50

Henry Smith Excerpts

Monday 10th December 2018 Commons Chamber

[Mr Speaker]

Well, it is principally about revocation, as the Secretary of State rightly states. Matters that appertain to article 50 would obviously be thought to be within scope. If it were thought that a Member were out of order, I would have received advice to that effect, and the House will have noted that I have not—I have received no such indication at all. I know that the Secretary of State—he is a most courteous individual—would not for one moment suggest that he should be the arbiter of scope. He can tell us what is in his statement, but he cannot tell us what should be raised by other Members. As I say, I have had no indication that anything that has been said so far has been in any way disorderly, but I am always alert, and if I find something that is, I shall rule on it accordingly.

[Henry Smith (Crawley) (Con)]

Further to the question from my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith), it is certainly interesting that the ECJ has been able to hand down this judgment with great speed. The Brexit Secretary is far too diplomatic to agree with me that it is, of course, a political court. However, will he say that this is yet another reason why we need to comprehensively leave the European Union, including the jurisdiction of the ECJ?

[Stephen Barclay]

I agree with my hon. Friend that the Prime Minister has always been clear that we are coming out of the jurisdiction of the European Court. That is a key part of the deal that she has secured, and it is a key part of us delivering on our commitment to take back control of our money, borders and laws.

EU Withdrawal Agreement: Legislation

Henry Smith Excerpts

Tuesday 24th July 2018 Commons Chamber

[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.

Oral Answers to Questions

Henry Smith Excerpts

Thursday 14th June 2018 Commons Chamber

[Rebecca Pow (Taunton Deane) (Con)]

8. What assessment he has made of the potential effect of the UK remaining in the customs union on its ability to negotiate new free trade agreements throughout the world.

[Henry Smith (Crawley) (Con)]

9. What assessment he has made of the potential effect of the UK remaining in the customs union on its ability to negotiate new free trade agreements throughout the world.

[The Parliamentary Under-Secretary of State for Exiting the European Union (Suella Braverman)]

We have been clear that the UK will be leaving the EU’s customs union and the single market in March 2019. Only by leaving the customs union and establishing a new and ambitious customs arrangement with the EU will we be able to forge new trade relationships with our partners around the world. If the UK were to remain in the customs union, we would be unable to implement our own trade deals or to set our own tariffs. That would not give us control over our trade policy and it would not be respecting the referendum result.

--- Later in debate ---

[Suella Braverman]

I agree with my hon. Friend. You may well agree, Mr Speaker, that cider is a delicious drink and, if I may be so bold, like me you may have had many a joyous occasion, perhaps in your teenage or university days, where the memories were enhanced precisely because of the consumption of cider.

I am very pleased that companies, particularly in my hon. Friend’s constituency and her region, have a can-do attitude to Brexit and are looking forward to increased global trading opportunities. Brexit presents those opportunities, especially for the food and drink industry.

[Henry Smith]

When I have met elected representatives from places as far apart as Wellington and Washington, they have been very keen to do trade deals with the United Kingdom post-Brexit. Will the Minister confirm that that would not be possible if we remained part of the customs union?

[Suella Braverman]

Yes. Remaining in a customs union or the customs union with the EU would not be compatible with having a meaningful, independent trade policy. It would mean that we would have less control than we have now over our trading relationships with other countries. Neither leave nor remain voters would want that.

Leaving the EU: Implementation

Henry Smith Excerpts

Monday 29th January 2018 Commons Chamber

[Mr Walker]

I am a little confused by the hon. Lady’s point. I would have thought that her party might support an implementation period, but she appears to be saying that we need another referendum to have one. I do not agree with that argument. It is important that we go ahead with respecting the referendum—a unique democratic exercise in British history, in which millions of people voted—and delivering on it. Part of that can be a successful negotiation on the implementation period.

[Henry Smith (Crawley) (Con)]

The Minister has spoken about an implementation period of around two years after we formally leave the European Union, if there is to be an implementation period. May I further press him to say that it will be less than two years? I would suggest, as others have, new year’s eve 2020.

[Mr Walker]

I hear my hon. Friend’s point and I am sure that it will be heard by others on our team. We want this negotiation to secure the stability and certainty that business wants and that will be good for our economy. It is important to enter that negotiation seeking to bring the position of the UK and the European Union—which, indeed, at the moment seems to be closer to my hon. Friend’s position—closer together.

EU Exit Negotiations

Henry Smith Excerpts

Monday 13th November 2017 Commons Chamber

[Mr Davis]

That is precisely why Government policy is to deliver a frictionless trade arrangement between us and the EU27, most importantly the Republic of Ireland.

[Henry Smith (Crawley) (Con)]

My right hon. Friend rightly says that he is negotiating with pragmatism. Has he detected any growing pragmatism in the unelected EU Commission as it—hopefully—realises that the trade surplus that the EU27 have with us could be under threat?

[Mr Davis]

I made an undertaking to the House about a year and a half ago that I would be more polite than hon. Members have ever seen me in my comments about the Commission, and I will stick to that.

Leaving the EU

Henry Smith Excerpts

Tuesday 24th October 2017 Commons Chamber

[Charlie Elphicke (Dover) (Con)]

I rise to address the preparedness of the United Kingdom to leave the European Union with no agreement.

Brussels warns that the talks on a Brexit deal are taking longer than they should. The IMF issues cautions about risks to the global economy. Only today, it was reported in The Times that one of the European Union’s many presidents, Donald Tusk, has warned of the risk that the talks will collapse. Planning for no deal is not simply a negotiation point; increasingly, it is the responsible thing to do in the national interest.

This is not due to lack of effort on the part of the Prime Minister, who set out a positive and forward-looking proposal in her Florence speech. She even made a bold financial offer to move the talks forward. Last week she flew to Brussels ahead of the European Council to underline the positive case that we make. What was the response of the European Council? It said that we must agree the so-called Brexit divorce bill, and it will not talk trade until we sign on the dotted line. That does not look promising. How can we agree a price until we know what we are paying for? Even if we overcome the impasse on money, the trade talks may not go easily either.

Moreover, there is a serious risk of our being offered a bad deal which is worse than no deal. The risk is that we shall be asked to pay £50 billion as a settlement for a trade deal that requires us to adhere to EU rules. If that happened, we might as well never have left. We would be run by remote control, without a seat—or a say—at the table. Our ambition to seek the opportunities that are open to us around the world would be lost, as we would not have the flexibility to change our rules as we might wish to. That would be the worst of all worlds. It is a deal we should not take, and it is a deal that we will not have to take if we make sure we are ready on day one, deal or no deal.

Let us remember that we all want a deal. The EU would benefit from a deal every bit as much as we would. The EU is already the winner in free trade with the United Kingdom: we buy £100 billion more in goods from the EU than we sell to it.

[Henry Smith (Crawley) (Con)]

That is precisely the point. The intransigence of the EU27’s negotiating position will ultimately be detrimental to their own economic interests. It is therefore absolutely right for us to prepare for no deal, because this country will thrive regardless.

[Charlie Elphicke]

My hon. Friend has made a powerful point. He is absolutely right. If we lived in a world of tariffs, they would hit EU exports to the UK to the tune of £13 billion, but our exports to the European Union would be hit by only £6 billion. Tariffs would hurt the European Union twice as much as they would hurt the UK, and that is why a deal is in the interests of everyone. What is more, the lawyers are clear that the EU has no legally valid claim for its divorce bill. As a matter of international law, no deal will mean no money for the EU. Frankly, we could just say, “See you in court; we’ll test your case,” and take it to an independent court or international arbitration, because we know what the position is. That is another reason why a deal is in the interests of the EU.

The UK is also an important part of the security guarantee for the entire European continent. We are not just a defence umbrella; we also have a great treasure-trove of information and expertise, as well as being a bridge to the “Five Eyes”. That is why a deal that includes data and information sharing is needed by all, and why the Home Secretary is right to say that no deal on security would be unthinkable because it would be crazy for the EU not to want to continue to share information and data after we leave the EU. We might not want to be controlled by Brussels, but that does not mean we do not want to co-operate and have a positive relationship with all the remaining EU27 member states.

What about the view of the British people? This is yet another case where the people are way ahead of our political system. Here we hear voices, particularly from the Labour party, about how we should just write a blank cheque and fold on a deal whatever the terms, yet the British people say, “No, we didn’t vote to leave the EU only to pay out vast oceans of cash and be run by remote control.” So it is little surprise that a recent Sky News poll found that 74% of people think that no deal is better than a bad deal, and it appears that patience is starting to wear thin with the EU because a poll by Opinium last Friday found that 37% of people want the UK to leave the EU without a deal if by March 2019 no satisfactory deal has been reached.