European Union (Withdrawal) Act

James Heappey Excerpts

Wednesday 5th December 2018 Commons Chamber

[James Heappey (Wells) (Con)]

For all the concern that is being expressed by colleagues on both sides of the House, is the Home Secretary aware of a single Interior Minister or security agency chief around the whole EU who actually wants to reduce the level of co-operation that the UK currently has with the EU and the countries within it?

[Sajid Javid]

My hon. Friend makes a very good point. In all my discussions with Interior Ministers on security co-operation, I have not come across a single one who wants to reduce security co-operation. Every single one understands the mutual benefit that comes about through continued co-operation and information exchange.

The deal that the UK has reached with the EU will provide for the broadest and most comprehensive security relationship that the EU has ever had with another country. This agreement allows for our relationship to include various important areas of co-operation: continuing to work closely together on law enforcement and criminal justice; keeping people safe in the UK, across Europe and around the world through exchanging information on criminals and tackling terrorism; ensuring that we can investigate and prosecute those suspected of serious crime and terrorism; supporting international efforts to prevent money laundering and counter-terrorist financing; and combating new and evolving threats such as cyber-security. It also allows for joint working on wider security issues including asylum and illegal migration.

The declaration sets out that we should carry on sharing significant data and processes such as passenger name records, so that we can continue disrupting criminal networks involved in terrorism, serious crime and modern slavery; DNA, fingerprint and vehicle registration data, ensuring that law enforcement agencies can quickly investigate and prosecute criminals and terrorists; fast-track extradition to bring criminals to justice quickly where they have committed a crime; and continued co-operation with Europol and Eurojust.

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[Sajid Javid]

Again, a very important point has been raised by one of my colleagues. I absolutely make that commitment. My hon. Friend is quite right to raise it, because we have to recognise that as we move from the current system of freedom of movement, in which there is virtually no bureaucracy to speak of, to a system under which we will require visas for every worker, we must keep an eye on the paperwork and bureaucratic requirements and keep the system as simple and light-touch as possible. That applies not just to larger employers, such as hospitals or NHS trusts, but to the smaller employers that may be looking for skills but perhaps taking only one or two people a year, and we should keep that in our minds as well.

[James Heappey]

This is not just about doctors and nurses of course; in my constituency, an awful lot of those involved in agriculture and tourism are concerned to ensure that a seasonal workforce continues to be readily available. Will the Home Secretary reassure us that there is a mechanism in his plans to allow that sort of migration so that the needs of those very important industries in Somerset can be met?

[Sajid Javid]

I can give my hon. Friend that assurance. He will know that we have announced a pilot for the seasonal agricultural workers scheme, which we are starting early next year, working with my right hon. Friend the Secretary of State for Environment, Food and Rural Affairs. The purpose of the pilot is to make sure that we look carefully at how we can continue to meet the needs of that very important sector.

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[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

In many ways, migration and security are at the heart of the debate around Brexit, so I am glad to have the opportunity to contribute to it from the Labour Front Bench. I think, however, that after the events of yesterday evening there can be little doubt that this is indeed a botched Brexit. Ministers should be ashamed that they had to be forced to comply with a motion of this House. We heard a lot, when they were trying to argue that they should not have to comply, about the national interest. But we have read the legal advice. There is nothing in it that compromises the national interest. It may be embarrassing for the Government, but it does not compromise the national interest. As the hon. Member for Stone (Sir William Cash) pointed out, it is not actually the full legal advice. It may be that he wants to return to that matter.

I voted to remain and the Labour party campaigned to remain and reform, but my party has said from the beginning that we respect the referendum result. It is true that there were substantive reasons to vote for Brexit. Above all, there were the long-standing concerns about sovereignty, which were so well articulated over his entire lifetime by my late colleague, the former Member for Chesterfield, Tony Benn. Nobody would deny, however, that concerns about migration were not far from the minds of some, if not all, leave voters.

[James Heappey]

Does the Labour party support the continuation of the free movement of people—yes or no?

[Ms Abbott]

The hon. Gentleman will know that when we leave the single market, freedom of movement falls. We said that in our manifesto and we are saying it now.

The available research confirms the salience of migration to leave voters. In June 2017, a report collated from the British social attitudes survey revealed that the most significant factor in the leave vote was anxiety about the number of people coming to the UK. A comprehensive study published by Nuffield College drew similar conclusions.

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[Joanna Cherry]

Of course, of the Scottish Conservatives do not represent the majority of Scottish opinion in relation to anything, let alone Brexit. It is often forgotten, after the hullabaloo when they won seats here last year, that they are still very much in the minority in Scottish politics and the Scottish Parliament.

Let us look at what has happened to Scotland in the past two years. The UK Government cut the Scottish Government out of the Brexit negotiations completely. The Scottish Government put forward the idea for a differentiated deal or a compromise for the whole of the United Kingdom at an early stage, but that was completely ignored. The Scottish Parliament voted—with the cross-party support of everyone apart from the Tories and one Lib Dem—to withhold consent to the European Union (Withdrawal) Bill, but that, too, was ignored. When the Scottish Parliament tried to pass its own legal continuity Bill, it was challenged by the British Government in the UK Supreme Court, and we are still waiting for that decision. When amendments to the withdrawal Bill came back from the House of Lords to the Floor of this House, Scottish MPs got 19 minutes to debate the implications of those amendments, with the rest of the time being taken up by the Government Minister. Scotland is not mentioned in the withdrawal agreement or the political declaration, while little Gibraltar—important though it is—was afforded advance sight of the agreement. The Scottish Government saw it only when the rest of us did.

My point is that Scotland’s marginalisation and its very weak bargaining position within the Union that is the United Kingdom have been very exposed by Brexit. After our failure in the independence referendum of 2014, 56 Scottish National party MPs were elected to this House, yet not one of our amendments to the Scotland Bill at that time got passed, despite the fact that we had 56 of the 59 seats in Scotland and 50% of the vote at that time. We were told that the wonderful Scotland Act was going to give us huge amounts of power and that we would have the most powerful devolved Parliament in the world. I would like to ask any fair-minded person in this Chamber, and anyone watching, whether they think the sequence of events I have just described really makes it sound as though we have the most powerful devolved Parliament in the world. Of course it does not, because devolution’s constitutional fragility has been revealed by Westminster’s assertion of control and attempts to repatriate powers here from Brussels, and by the disregard shown for Scotland’s preferences in the negotiations in Brussels.

The Brexit process has told Scottish voters a lot about the reality of devolution. It has told them that power devolved is indeed power retained, and that the United Kingdom is not the Union of equals that we were told it was before 2014 but a unitary state where devolved power is retrieved to the centre when convenient and where no one but the Conservative party, which represents only a minority of voters in Scotland, gets a say on major decisions over trade and foreign policy.

The experience of Ireland and Scotland during the Brexit process shows a significant contrast between the way in which nations that are member states of the European Union and nations that are members of this Union are treated. I heard the distinguished former Taoiseach of the Republic of Ireland, John Bruton, speak recently. When he was asked about this by a member of the audience, he said that Scotland’s marginalisation within the United Kingdom would not happen in the European Union, and that if the European Union were taking a decision as drastic as Brexit and it had only four nations in it, all four nations would need to agree. In the UK, however, it does not matter what Scotland and Northern Ireland say. They can always be overridden by the English vote. That is not an anti-English comment; it is a comment on the constitution of the United Kingdom. If Scotland were a member state of the EU, even though we are a country of only 5.5 million people, we would have the same veto as Ireland over such a major decision, in the same way that the big countries have.

There is still a little bit of hope for Scotland, and it comes from the cross-party working that we have seen there, both in the Scottish Parliament today and from the group of politicians, of which I am proud to have been a member, who took a case to the Court of Justice of the European Union. We found out yesterday that the advocate general says that proceedings under article 50 can be unilaterally revoked. I was interested to hear the Prime Minister acknowledge earlier today, in response to a question of mine, that it is highly likely that the grand chamber of the Court will follow the advocate general’s opinion. It seems that Scotland, Scottish politicians and the Scottish courts are throwing this Parliament a lifeline that would enable it to get out of the madness of Brexit.

Even if we do throw that lifeline, the United Kingdom Parliament takes it, there is a second referendum, and the whole UK is smart enough, having been put in possession of the full facts, to vote to remain part of the European Union, do not think that that will be the Scottish question closed, because the Brexit process has wholly revealed our inferior status within the Union, and people will not forget that. The last two years have shown us that across the United Kingdom, the leave vote was won on the back of promises that have proved undeliverable. Many people say that those promises were lies, but whether they were or not, they have proved undeliverable.

It is hard for me to be fair to the Prime Minister because of the scorn that she has shown for Scottish democracy, but I will try: I do not think that it is because the Prime Minister is a bad negotiator that the deal is bad. The truth is that there is no better deal than the one the United Kingdom currently enjoys from within the European Union.

The Prime Minister at least tried to negotiate a deal. Others who led the leave movement have totally and utterly abdicated their responsibility. I watched with interest yesterday while the right hon. Member for Uxbridge and South Ruislip (Boris Johnson) attempted and struggled to explain what he wants. I was none the wiser at the end of his speech. Let us not forget his partner in crime in the leave movement, who has now left the Treasury Bench: the Secretary of State for Environment, Food and Rural Affairs. Why did he not take the job of Brexit Secretary when it was offered to him a couple of weeks ago? If someone desires something so much, why not take responsibility for delivering it? I think we all know the answer to that question.

Then, of course, there is the right hon. Member for Haltemprice and Howden (Mr Davis). His insouciant appearances at the Exiting the European Union Committee were highly entertaining, but also deeply shocking. Now where is he? We have not seen him in the Chamber much in the last few days, but he is certainly not proposing any firm alternative to the deal.

The much maligned Court of Justice of the European Union, with the assistance of Scottish parliamentarians and the Scottish courts, has opened up new vistas of possibility for this Chamber. There is a chance of reversing the madness, but I accept that there will need to be a second vote. To achieve that, we will have to work cross-party in this Chamber. There is a lot of that going on already. May I respectfully suggest that parliamentarians in this Chamber look north to what is happening in Edinburgh this afternoon? They would see that it is possible for at least the Scottish National party, the Labour party, the Lib Dems and the Greens to work together. We know from this House that it is also possible for those parties to work with some Members on the Government Benches.

I want to make something crystal clear. Make no mistake about what would happen if there was a second vote across the UK, and England, in possession of the full facts on the reality of Brexit, again voted to leave—I am quite sure that Scotland would vote to remain. Scotland would not stand for that, and there would have to be a second independence referendum. This time, we know that we would have a far more sympathetic ear in Europe, even from the Spanish, supposedly Scotland’s great enemies. Their Foreign Minister said recently that if Scotland secedes from the UK constitutionally, he will not veto Scotland’s membership of the European Union.

As I said yesterday, I very much hope that when an independent Scotland tries to seek membership of the European Union, it will be remembered that it was Scottish parliamentarians and the Scottish courts who attempted to give the UK Parliament an escape route from Brexit. Even if the United Kingdom takes that escape route, the Brexit process has shown that the United Kingdom in its present form is not a Union in which Scotland can continue to function properly.

[James Heappey]

Will the hon. and learned Lady give way?

[Joanna Cherry]

No, I am coming to the end of my speech.

We have seen writ large during this process the difference between what it means to be a member of the United Kingdom and a member of the European Union. In the European Union, even small countries such as Ireland are equal partners with big countries such as Germany and France. In the United Kingdom, a small country such as Scotland is not an equal partner with England. A power devolved is a power retained, and Scottish democracy is always at the whim of the majority in this House. That is not tolerable.

Regardless of what happens with Brexit, which I very much hope is reversed for the whole United Kingdom, I hope that the Scots will soon take the opportunity to say that Scotland’s position in the UK Union is not tolerable. We want to take our seat at the top table in the European Union, where I very much hope we will eventually be an equal partner with England, because I hope England stays, too.

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[Dr Sarah Wollaston (Totnes) (Con)]

It is a pleasure to follow the hon. Member for Ealing, Southall (Mr Sharma), and I agree with him that we are stronger when we work with our neighbours. No one doubts the commitment of the Prime Minister to try to deliver on the wishes of the 52%. The trouble is that no one really knows which version of Brexit she was mandated to deliver. There are so many possible alternatives, with everything from Norway, the European Economic Area, the European Free Trade Association and Norway plus a customs union through to a Canada-style free trade agreement and Canada plus plus plus. There are so many options, but after two years of hard slog, we now know what this looks like. We know what the withdrawal agreement looks like, for example. It is a legally binding agreement with more than 500 pages, but worryingly, it has only 26 pages describing what will actually happen after the transition period. That is nothing more than a wish list of asks and it is very sketchy. We are heading for a blindfold Brexit.

I also fear that we are being forced into a binary false choice in which we accept either a bad deal or something even worse: no deal. Unfortunately, the Prime Minister has set down red lines all around herself for the various options. The one area in which she has not put down a red line is the worst deal of all, which is no deal. I am afraid that I do not agree with my right hon. Friend the Member for Wokingham (John Redwood) when he talks about “Project Fear”. I think that very shortly, possibly in as little as 114 days, we will be up against “Project Reality”. In the context of no deal, “Project Reality” would be very serious indeed for patients who use our national health service. We are talking about major interruptions in the supply chain of vital medicines and medical supplies. We are talking about insecurity in the supply of vital diagnostic test materials such as medical radioisotopes, which cannot be stockpiled. We are talking about supply chain issues for complex biological drugs, including those that we use to stop transplant rejection and to treat cancers.

We are also talking about products that cannot easily be switched from one brand to another in cases of shortage, such as medication for epilepsy. We are talking about difficulty in guaranteeing sufficient refrigeration capacity for stockpiling. Nobody voted in the referendum because they wanted to see the stockpiling of medicines and the extra costs involved, or the difficulties that the NHS and our care services will face in providing the workforce that we need. The truth is that there is no version of Brexit that would be positive for our NHS, for our care services, for science and research or for public health, and we need to be honest with people about that.

We also need to be honest and have a reality check about what is happening in this place. It seems to me that even the dogs in the street know that the Prime Minister’s deal is not going to pass this House next week. That is the truth of it. We should now be thinking about plan B, and we need to be honest about that. To my mind, plan B must not involve no deal. No responsible Government could inflict no deal on the United Kingdom in 114 days’ time. We are absolutely not prepared for that. So what is the alternative? There is no majority in this House for any of the other options, so the alternative is to look at going back to the British people and saying to them, “This is what Brexit looks like. This is the best that could be negotiated. Is this the Brexit you voted for, or do you want to stick with the deal that we have?” I would say that there was no consent to being dragged into Brexit without asking the people.

Before coming to this place, I was privileged to work in the health service for 24 years, and to teach junior doctors and medical students. In medicine, there is the really important principle of informed consent. We should apply it to Brexit, because Brexit is major constitutional, economic and social surgery. To give informed consent, one has to know what the operation involves. Two years ago, there were many possible versions of that operation, but now that we know what the surgery involves, it is time for proper discussion about the risks and benefits, and to allow people to weigh them up for themselves.

[James Heappey]

My hon. Friend knows that I respect her enormously. I agree that being very candid with the electorate is the right thing to do right now. Should we also be candid with them about the mechanism for delivering a second referendum—about the fact that it would require an Act of Parliament; about the European Union (Withdrawal) Bill taking 348 days to get through the Houses of Parliament; and about there being absolutely no expectation that a Bill as controversial as a second referendum Bill would be able to progress through this place any quicker?

[Dr Wollaston]

I ask my hon. Friend to have a look at the work of the Constitution Unit and others, who estimate that we could get a referendum Bill through the House in 22 weeks. We would first need to extend article 50. That is what I hope that the Prime Minister does. I hope that she looks at the reality of the situation, extends article 50, and asks the British people, “Is this the Brexit you voted for, or do you want to stay with the deal we have?”—the one that has served us well for decades. That question has to go back to the British people.

None of us in this House should be forced into a false choice—into choosing a bad deal because we are told that the only alternative is no deal. That is simply not the case, and I believe that the House will reject the deal. That is why I support the amendment in the name of the right hon. Member for Leeds Central (Hilary Benn) rejecting no deal, and urge colleagues to do the same. The House should ask to extend article 50, so that we have the time to consider where we go from here. Otherwise, in 114 days, we run out of road and fall off a cliff. What is needed now—this message is for the Opposition Front Benchers as well as ours—is a BFO: a blinding flash of the obvious. We need to think again. Delivering on a people’s vote will require the Opposition Front Benchers not to cling to the idea that they will force a general election; we know that will not happen, either.

We do not have any time to waste. We need Members on both Front Benches to give a free vote, or deliver support for a people’s vote. That is the way forward. This House would decide the exact question. I believe that the choice should be between this deal and remain; I know others feel that the question should be more complex. We do not have to decide that now—it is something that the House could decide later—but we must not run out of road; we must extend article 50.

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[Sammy Wilson]

I will go through the reasons why they are wrong. This deal emphasises a mythical problem on the border—a problem that does not exist. The current practice means that trade can go across the Irish border, with taxes being collected, with goods being checked for conformity with regulations and with animal health being protected, yet we do not need a hard border. Indeed, all the parties to this agreement have said that they will not, in any circumstances, have a hard border. Only a couple of weeks ago, the EU and the Irish Government were assuring us that even if there is no deal, a hard border will not be imposed, because a hard border is not necessary. What we have in this withdrawal agreement, with the Northern Ireland protocol and the UK protocol, is designed to do only one thing: thwart the wishes of the people of the United Kingdom to leave the EU.

That is because we have only a number of options. The UK as a whole could stay in the single market and the customs union. If the Government wish to free themselves from that, Northern Ireland has to stay within the single market and the customs union. I defy any Member of this House to say that they could go back to their constituents, tell them what the Attorney General told the Cabinet was going to happen to their constituents and find that they would not be chased. First, their constituency would have to regard the rest of the UK as a third country, with the implication that they could not trade freely with the rest of the UK. They would have barriers placed between their part of the UK and the rest of it, and businessmen would face all the impediments. Indeed, the legal opinion makes it clear that there would be friction in trade—in other words, there would be additional costs, delays and barriers, and there would be distortions to trade, yet that is what this agreement entails for Northern Ireland.

We can get out of that only by doing one of two things. First, we could reach a future trade arrangement that the EU says is sufficient to allow us to be out of that arrangement completely. It could even insist that if we reach a free trade arrangement, we still have partly to stay within those restrictions, including more than 300 EU regulations which would be applied to Northern Ireland. Just in case the EU has missed any, it says, “Any future new ones that fall within the scope of this would also have to apply”, so we would have different laws from the rest of the UK.

[James Heappey]

The Northern Ireland national farmers union has made it clear that the Prime Minister’s deal is in the best interests of farmers in Northern Ireland—why is it wrong?

[Sammy Wilson]

This is a surprising thing. If the Ulster Farmers Union read this agreement, it would see that article 12 of the Northern Ireland protocol makes it clear that because state aid rules would apply to Northern Ireland, even if this UK Government decided to subsidise agriculture, the EU could cap any subsidy. The subsidy could apply differently in the rest of the UK from how it could apply in Northern Ireland. I could take Members through a range of other things in this agreement that the UFU conveniently has just dismissed but that will have an impact on its members. That is one reason why many farmers in my constituency are raging with the UFU.

One way of getting ourselves out of this is by having a free trade arrangement, which the EU may or may not deem as allowing us to get away from these shackles. The Attorney General makes it clear that although best endeavours to reach a free trade agreement are required, the EU could still argue, “We have done our best but it is still not in our interests.” Sixteen years later it could still be arguing, “We are doing our best” and still not be in breach of the obligations in this agreement. We know—Scottish Members should be aware of this—that the French Government have already said that they will use this as a cudgel to get further concessions from the UK Government on fishing, aviation and other things. Every other EU country will be doing the same and using the same tactic, so that is not an easy way out and we could still be negotiating this.

Significantly, the other method of getting out is for us to extend the transition period. There is great ambition shown in the withdrawal agreement about extending the transition period. Many people think that when we talk about extending the transition period we are talking about a few months. Well, according to the document it could be extended to “20XX”—we could still be at this in 100 years. This place could be refurbished, or even rebuilt, by the time we have got a free trade arrangement to replace the backstop.

The impact of this agreement on the constitutional integrity of the United Kingdom is that Northern Ireland would be treated differently from other parts of the United Kingdom, which is something the Prime Minister promised would never happen. Northern Ireland industries are more export-oriented than any other region of the UK, because we have a small local market. We produce a third of the world’s aircraft seats. If someone has sat in row C or F, they have probably sat in a seat made in Kilkeel. We produce 40% of the world’s stone-crushing equipment. All that goes to markets mostly outside the EU, yet we would be excluded from participating in any trade deals that our Government might arrange with the rest of the world because we would be permanently part of the customs union unless the backstop were lifted. The backstop can be lifted only if and when the EU decides it is time to lift it.

I say to those on the Government Front Bench that we had an arrangement to keep the Government in power and working between now and the end of this fixed-term Parliament. Promises were made. In December, we sat with the Prime Minister in Downing Street and she said, “I will make sure that Northern Ireland has the final say in this because the Assembly will be the final arbiter as to whether or not these arrangements are put in place.” Those promises were taken out of the agreement. There has been bad faith. The agreement and understanding that we had has been broken. As the right hon. Member for Forest of Dean (Mr Harper) said in his speech, that has caused tensions. Going down this road will create tensions. We want to see our agreement honoured because we want to see the United Kingdom preserved.

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[James Heappey]

I am grateful to the hon. Lady, my near neighbour, for giving way. If we are to leave the European Union, does she believe that the Liberal Democrats should campaign thereafter to rejoin it?

[Wera Hobhouse]

A deal has been put in front of us, and I am looking to see whether it is in the best interests of the country.

The Prime Minister has refused to work with Parliament to find a consensus. She rushed off and drew up her red lines, which made it impossible to find reasonable alternatives, and she is now trying to bully Parliament into forgetting what is good for the country. She tries to make us think that our only duty is to vote for her deal and deliver a Brexit of any form. If the Government had won the argument, and if a good Brexit were possible, this would be a very different debate. However, if no particular deal put before Parliament is a good deal compared with EU membership, what should Parliament do? Should we vote for this deal just because it is here, and because it is not as bad as crashing out? No, we should not. To do so would be to violate a deep principle and a duty that no MP can escape from, which is to use our own informed judgment. I encourage my colleagues across the House to look into their hearts and ask themselves whether this is the deal that is best for the country.

The Prime Minister is using a different argument. She says that we have to leave the EU even if it is bad for the country, because the people voted for it. She suggests that the dutiful thing for MPs to do, in the light of the referendum, is to vote for something even if we believe it is not good for the country, but that would make a nonsense of our representative democracy. I have been elected as an MP to employ my own informed judgment when voting. I have never yet seen a proposal for a good Brexit. In every aspect, it has become plain to see that leaving the EU is making us economically poorer, less influential and less able to control our own destiny.

Even the Government have given up telling us that this deal offers anything better than EU membership. All they do is reiterate that it delivers the will of the people, but no MP should be obliged to vote for something that they believe not to be good, or no worse than what we already have. On the contrary, we have a duty to do the opposite. Does this mean that we should defy the will of the people? No. We can legitimately reject any particular Brexit deal in accordance with our own informed judgment, but Parliament cannot move from there and cancel Brexit. This House cannot call off Brexit. Only the people can do that, and that is the true meaning of the referendum result in 2016.

When Parliament decides that no Brexit deal is good enough, Parliament is stuck. At this point, the decision has to go back to the people. That is how our democracy works. It balances our representative democracy with the fact that we have had a referendum. Our representative democracy does not demand that MPs surrender their judgment. This Parliament has spent the last two years trying to find a Brexit that is good for the country. If no such Brexit can be found that commands a majority in this House, MPs must agree to go back to the people. In my judgment, this deal is not good for the country. It would be a catastrophic mistake, and I will vote against it. As I have said many times before in this place, I believe that the only way forward is a people’s vote.