European Union (Withdrawal) Bill

Jacob Rees-Mogg Excerpts

Committee: 1st sitting: House of Commons
Tuesday 14th November 2017 Commons Chamber

[Paul Blomfield]

I did indeed, and I will come to that point later in my remarks.

I said that the intention of the three amendments is clear despite the confusion caused by amendment 383. It is clear, but it is needless because article 50, triggered on 29 March 2017, provides for a two-year exit timetable.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

Will the hon. Gentleman give way?

[Paul Blomfield]

No, I will make some progress.

There is therefore no question about whether the UK will leave the EU at the end of that period in accordance with the article 50 notification. So what is the purpose of the Government’s three amendments? Is it simply to appease extreme elements within the Conservative party, not thinking of the consequences for the country, or is it a deliberate decision to unpick the Florence speech, demonstrating that the freelancers in the Prime Minister’s Cabinet are actually in charge of policy?

[Paul Blomfield]

I thank my hon. Friend for his intervention. The public have reason to be suspicious and worried.

[Mr Rees-Mogg]

Will the hon. Gentleman give way?

[Paul Blomfield]

No, I will not. I want to make some progress, but I am sure that I will give the hon. Gentleman the opportunity to intervene later.

Whatever the reason for the Government’s decision, it is reckless and represents an extraordinary U-turn. The Minister said a few moments ago that it was important to give clarity on the issue of departure and that it was the Government’s fixed view, but that is not the view they held before last Thursday. In fact, for the past four months their position was represented by clause 14(1)—page 10, lines 25 and 26—which says that

“‘exit day’ means such day as a Minister of the Crown may by regulations appoint”

and by clause 19(1)—page 14, lines 41 to 42—which states that

“different days may be appointed for different purposes.”

Now, the Opposition thought that that was a sensible principle. We wanted Parliament, not Ministers, to agree the dates, which is why we have tabled amendments 43, 44 and 45. That principle makes sense, and I will outline why.

As I have said, our departure from the European Union is a settled matter. However, the Bill deals with three different issues: the date that the 1972 Act will cease to have effect; the cut-off point for the use of delegated powers; and the ending of the jurisdiction of the Court of Justice of the European Union. On that last point, there is a fundamental impact on the transitional arrangements. Labour has been clear about the need for a transitional period in order to prevent a cliff edge and to ensure that businesses do not have to adapt to two new customs and regulatory arrangements in quick succession. We need a transitional period on the same basic terms that we currently have in the single market and in the customs union.

Businesses and trade unions support that transitional period, and we were pleased when the Government caught up with us on that in September. In her Florence speech, the Prime Minister finally recognised its importance and said that

“people and businesses—both in the UK and in the EU—would benefit from a period to adjust to the new arrangements in a smooth and orderly way.”

She went on to say:

“Clearly people, businesses and public services should only have to plan for one set of changes in the relationship between the UK and the EU. So during the implementation period access to one another’s markets should continue on current terms and Britain also should continue to take part in existing security measures. And I know businesses, in particular, would welcome the certainty this would provide.”

Her spokesperson reiterated just yesterday that she gave businesses reassurance on agreeing a time-limited transitional or, as she prefers to describe it, implementation period as soon as possible. However, amendment 383 blows the prospect of a transitional deal on current terms out of the water. Put simply, if there is no role for the Court of Justice of the European Union, we will not be operating on current terms and the Prime Minister will be unable to secure an agreement with the EU27 for the transitional arrangements that she set out in her Florence speech.

[Mr Rees-Mogg]

Is not the difference between an implementation and a transition the whole point? If it is an implementation, we are implementing the consequences of having left; if it is a transition, we are transitioning from being inside the European Union to being, at the end of the process, outside. Therefore in the transition we would be de facto members of the European Union, on the basis that the hon. Gentleman is setting out, defeating the whole purpose of this Bill.

--- Later in debate ---

[Stephen Gethins]

The hon. Lady makes an excellent and principled intervention. To double down on that, I will quote the leader of the Scottish Conservatives. The problem is that I cannot quote her directly; I will have to paraphrase what she said, because if I read out the quote, I would be held to be out of order in this place. She called into question the veracity of claims on costs in terms of the EU, and the veracity of claims made by people who are in government about Turkey’s EU membership and an EU army. I am sorry that I cannot quote her directly, but I would find myself in a bit of bother if I did.

[Mr Rees-Mogg]

Is the hon. Gentleman aware of the work done by Economists for Free Trade, which states that the £350 million promised to the NHS is fundable? Is he aware of the agreement yesterday at the European Union on a European army? Both those things can easily be answered.

[Stephen Gethins]

If only the Government had seen the hon. Gentleman’s talents, he could have been in government implementing these changes. When it comes to increasing funding for the NHS, I look forward very much to the conversations that he and I will have as we pass through the same Lobby in an effort to get the health funding that was promised by people who are now in government.

--- Later in debate ---

[Wes Streeting]

I am grateful to the right hon. and learned Gentleman. I am sure that if he did not hear a clear answer, most other Members did not hear one either. This is a golden opportunity for the Minister to answer the question. The Secretary of State has now arrived in the Chamber. Perhaps he will be able to help the Minister out. The simple question is whether, during the transition period, the European Court of Justice will still have jurisdiction in the way that it does at present. Can the Secretary of State give us clarity on this one point? This is a simple and fundamental question—[Interruption.] Come on!

[Mr Rees-Mogg]

rose—

[Wes Streeting]

Ah, the real power behind the throne! I will give way to the hon. Gentleman.

[Mr Rees-Mogg]

I am grateful to the hon. Gentleman for giving way. The answer ought to be perfectly clear. If we are still under the jurisdiction of the European Court of Justice, we will not have left the European Union.

[Wes Streeting]

I am grateful to the hon. Gentleman for setting out in the House today the consistent view that he has held throughout the referendum campaign and during the debates that have followed.

The Government have a fundamental problem. This is not about whether it is the will of the House that the ECJ should have jurisdiction during the transitional period. I think that most Members, whether they voted leave or remain, understand the central importance of giving business certainty right at this moment about what will happen when we leave the European Union. The Prime Minister understood that when she made her speech in Florence, in which she said that, during the transition period,

“the existing structure of EU rules and regulations”

would apply. She also said that we could agree

“to bring forward aspects of that future framework such as new dispute resolution mechanisms more quickly if this can be done smoothly.”

The implications are clear. It was the Prime Minister’s view in Florence that, to provide business with the certainty that it needs now about jobs and economic activity, we would remain in the single market and the customs union and, necessarily, under the jurisdiction of the European Court of Justice for a time-limited transition period.