European Union (Withdrawal) Act

Jim Fitzpatrick Excerpts

Friday 11th January 2019 Commons Chamber

[Sir Bernard Jenkin]

No, I am not giving way; the hon. Gentleman spoke for a long time. But I will say this: like him, I believe in the sovereignty of the people, and in fact I believe in the sovereignty of the Scottish people, and the Scottish people spoke in 2014 and voted to be part of the United Kingdom. And then the Scottish people, as the British people, took part in the 2016 United Kingdom referendum and the British people spoke, and I believe in their sovereign right to be respected.

So I will rise to the hon. Gentleman’s challenge and say that the benefits the Scottish people are getting from leaving the EU are that they are taking control of their own laws and money, and—something dear to his heart, I imagine—that the Scottish Parliament is going to have more power as a result of us leaving the EU. He seems to be very quiet about that.

In the emergency debate on Tuesday 11 December I emphasised the democratic legitimacy of the referendum vote. The Commons voted to give the decision to remain or leave to the voters by 544 votes to 53, and then we accepted that decision and invoked article 50 by 494 votes to 122.

Nobody could possibly question the courteous determination and sincerity of my right hon. Friend the Prime Minister, who has striven so hard to secure an agreement acceptable to this House from our EU partners, but it now looks most unlikely that this draft agreement will be approved, because it would leave the UK in a less certain and more invidious position than we are prepared to accept.

Nevertheless, the EU withdrawal Act, which sets the exit date as 29 March 2019, did pass this House. It could have included an amendment that the Act should not come into force without an article 50 withdrawal agreement, but we approved that Act, which provides for leaving the EU without a withdrawal agreement—I think even my right hon. Friend the Member for Mid Sussex voted for that Act. Parliament has now spoken. The Act makes provision for the so-called “meaningful vote”, but not for any kind of vote in this House to prevent Brexit without a withdrawal agreement. Democracy has been served.

For some MPs now to complain that they did not intend to vote for what the Act provides for is rather lame. They may have held a different hope or expectation, but the Government gave no grounds for that. The Government always said, and still say, that no deal is better than a bad deal. Parliament has approved the law and set the date. There is no democratic case for changing it, nor could that be in the national interest.

The right hon. Member for Hackney North and Stoke Newington (Ms Abbott) reminded us of some of the less pleasant elements on the spectrum of British politics, but elsewhere in the EU, extremism is becoming far more entrenched than here, with AFD in Germany and the gilets jaunes on the streets of Paris, as well as Lega Nord, which has actually taken power in Italy. Popular revolt against the immovability of the established EU consensus in the rest of the EU cannot be blamed on Brexit. On the contrary, our broad and largely two-party democracy has proved to be the most durable and resistant to extremism because we absorb and reflect the effects of political and economic shocks. UKIP died at the 2017 general election because both the main parties pledged to implement the referendum decision without qualification.

But what are some in this House trying to achieve now? What would be the consequences for the stability and security of our democracy if the Government let the politicians turn on the majority of their own voters and say, “The politicians are taking back control, not for Parliament but to keep the EU in control”? The voters did not vote to accept whatever deal the EU was prepared to offer. They voted to leave, whether or not the EU gave us permission. Ruling out leaving without a withdrawal agreement is not a democratic option. They did not vote to remain as the only alternative to a bad deal, they did not vote for the EU to hold the UK hostage, nor did they vote for a second referendum.

Of course, a second referendum is what the EU really wants, which is why it will not give the UK a good deal. It is shameful that so many leading political figures from our country have been shipping themselves over to Brussels to tell the EU not to make concessions in the negotiations with their own Government, in order to try to get a second referendum. The EU is a profoundly undemocratic and unaccountable institution, whose biggest project, the euro, has inflicted far worse disaster on businesses, individuals and families in many countries than even the direst Treasury forecasts for the UK. The economic and political storm clouds are still just gathering over the EU. It is the EU that is on the cliff edge of disaster, not the UK. In the years to come, in the words of Mervyn King, the former Governor of the Bank of England:

“If you give people a chart of British GDP and ask them to point to where we left the EU, they won’t be able to see it.”

Our domestic policies, as well as our trade with the rest of the world, have already become far more important than our present trading relationship with the EU. We will have the freedom to develop them more quickly. Our EU membership does not just cost the net contribution of £10 billion per year and rising, which does no more than avoid some £5.3 billion of tariffs, but it has locked the UK into an EU trading advantage, leaving the UK with an EU trade deficit of £90 billion a year. Why are we trying to preserve such a disadvantageous trading relationship?

Even if we leave without a withdrawal agreement, there will be immediate benefits. WTO is a safer haven than the backstop. Far from crashing out, we would be cashing in. We would keep £39 billion, which would immediately improve our balance of payments and could be invested in public services, distributed in tax cuts or used to speed up economic adaptation. That would boost GDP by 2% over the next few years. We would end uncertainty; the draft agreement would perpetuate it.

Business needs clarity about trading conditions with the EU from day one. Jamie Dimon of J. P. Morgan campaigned for remain, side by side with George Osborne, the then Chancellor of the Exchequer. J. P. Morgan now says that extending article 50 is the “worst case scenario” because it does

“not see what it provides us in reaching a clear, final outcome that provides certainty for businesses”.

It adds that paralysis is

“not good for the economy”,

yet that is what the article 50 extenders are arguing for. We will not be caught in any backstop if we leave without a withdrawal agreement, nor will there be a hard border in Ireland. Even Leo Varadkar has said that

“under no circumstances will there be a border. Full stop.”

The EU and the UK Government have said the same.

All of the more ludicrous scare stories are being disproved. There will be no queues at Dover or Calais. The president of Port Boulogne Calais could not have been more emphatic—[Laughter.] Labour Members laugh, because they do not want to hear the truth. The president of Port Boulogne Calais said:

“We have been preparing for No Deal for a year....We will be ready....We will not check trucks more than we are doing today...We will not stop and ask more than we are doing today”.

He added that the new special area for sanitary and phytosanitary checks was somewhere else, and would

“not influence the traffic in Dover.”

The Government and the pharma companies say that they can guarantee supplies of medicines, and the EU Commission has proposed visa-free travel for UK citizens in the EU for up to six months of the year. The EU statement of 19 December already proposes its own transition period of up to nine months, including no disruption of central bank clearing, a new air services agreement, access to the EU for UK road haulage operators and special regulations on customs declarations.

Leaving on WTO terms is far preferable to the protracted uncertainty of either extending article 50 or this unacceptable withdrawal agreement. The leadership of this country—that includes the Government and the Opposition—should stop reinforcing weakness and start talking up our strengths and building up our confidence. History has proved that our country can always rise to the challenge, and our people will never forgive the politicians who allow the EU to inflict defeat. It saddens me greatly that even some in my own party are promoting such a defeat.

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

On a point of order, Mr Speaker. My apologies for interrupting, but I wonder whether you could indicate whether you are likely to introduce a time limit on speeches during the course of today’s proceedings, and tell us what it might be. That would allow us to start thinking about how to contain our speeches.

[Mr Speaker]

The short answer is that I will be imposing a time limit very soon. I am making a judgment about it, but it is likely to be of the order of six minutes.

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[Nick Herbert (Arundel and South Downs) (Con)]

Twenty years ago, the euro came into being. I led the campaign to resist the UK joining the euro. The slogan of the no campaign that we launched was “Europe yes, euro no”. I believed then, and continue to believe, that the UK’s best position was to be in the market but outside the eurozone, and indeed the country prospered over that 20-year period.

I was also a very strong supporter of the referendum. I played a leading role in the referendum campaign of Conservatives In, and I worked closely with the then Prime Minister. But immediately after the result came in I accepted it, recognising that it was narrow but nevertheless decisive and that it was our duty to implement and honour the decision. I believe that the Prime Minister’s deal does that in a pragmatic manner that recognises that the result was narrow, that the subsequent general election did not produce a decisive result, that the country is divided, and that businesses have significant concerns about the implications of our leaving the EU. I regret that the spirit of pragmatism, which should be embraced by more Members in this House, has become lost in the debate over the past few weeks and months.

[Jim Fitzpatrick]

The right hon. Gentleman said that the general election did not produce a definitive result and the country is divided, but the two main parties both went into the general election saying that they would respect the outcome of the referendum.

[Nick Herbert]

That is absolutely the case, and I strongly agree with the hon. Gentleman. Two groups of Members of this House oppose the withdrawal agreement, and the irony is that they want exactly the opposite things. Both groups cannot be right, and therefore they are both taking a considerable risk. One group wants less Brexit—perhaps a softer Brexit, or even no Brexit at all. Many of those hon. Members support what is revealingly and euphemistically now called the “people’s vote”. Perhaps scarred by the experience of the referendum campaign, I strongly reject the idea that a second referendum is the way to settle this argument. Why should people pay any attention to the result of a second referendum if we ignore the first? I think the whole process would cause delay and further division. The worst possible outcome—and it would be very likely—is that we end up with a result that is just as narrow, or narrower in one way or another in favour of either leave or remain than we had before, and the issue would not be settled at all.

Those hon. Members who now seek to delay, dilute or even ditch Brexit voted for the referendum. They voted, mostly, to trigger article 50, and they stood behind their manifestos, as the hon. Gentleman pointed out. That group are taking a significant risk, because in legislating to trigger article 50 the House set the country on a track, a course, and a timetabled process of exit that means that the default position is leaving without a deal. Hon. Members who seek to oppose the withdrawal agreement because they want less Brexit, or no Brexit, believe that is what they can achieve, but they might not be right. They are therefore risking no deal, and they have crocodile tears in doing so. So many things that are now lamented were foreseeable. The article 50 process was foreseeable and warned of during the referendum campaign. So were the positions of Northern Ireland, Gibraltar and indeed the Union.

The second group of hon. Members who oppose this deal want exactly the opposite thing. They want a harder Brexit, or no deal at all, and they do not believe that it is necessary to have a transition period. I think they are wrong, and that the uncertainty, the potential disruption, and the cost of moving to a World Trade Organisation system would be damaging. Although some of the risks are overstated, I do not think they are risks we should take. I speak as a former police Minister who was involved for a short time in dealing with the potential impact of the fuel protests. That experience was very sobering, just as it sobered my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) when he was in charge of such matters. I think that group undervalue the importance of striking a deal with our largest single market, with which we do half our trade, and they are oblivious to the fact that leaving with no deal would be a huge act of protectionism. After all, if WTO rules are so good, why seek trade deals with anybody at all?

Importantly, the group who oppose the withdrawal agreement because really they want no deal at all are also taking a risk. As we have seen in recent votes, the Commons could prevent no deal and take control, and we could end up with Brexit being diluted, delayed or even ditched. That group have mounted various attacks on the deal, and provided various rationalisations for opposing it, including most of all the backstop. Those objections are so much more theological than they are practical, and it has become not just a question of whether it is likely that we will be trapped in the backstop, but the fact that we could be becomes the fount of all opposition to the withdrawal agreement. There is a blurring of the withdrawal agreement with the future relationship and the possibility of doing a trade deal. It is that end state we should be concerned about. By then, we will have removed ourselves with a sensible transition period and will be able to control our borders, our laws and our money, yet that end state is often described as if it will mean we are a permanent vassal state.

Campaigners on both sides exacerbate division. The no-deal side does so by fetishising betrayal and telling everybody that they are being let down, there are traitors and so on. The people’s vote side does so by encouraging people to believe that this process can be stopped when, less than three years ago, the public voted to leave and, in truth, there has been little movement in public opinion. Opposition has descended mostly to pejorative attack. I say to hon. Members on both sides: “Prepare to climb down, because both of you cannot be right—one of you is not going to get what you want.” The right thing to do is to support a pragmatic exit, which is what the withdrawal agreement offers.

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[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

I am pleased to follow the hon. Member for Rochford and Southend East (James Duddridge). I recognise the sincerity of his remarks even though I disagree with his conclusions. To be clear, I campaigned for and voted remain, and the remain vote in my borough of Tower Hamlets was 67%. I have received many emails since the vote. Some call for no deal, and some support the Prime Minister’s deal, but the majority are for another referendum, which of course is code for reversing the original decision. Some colleagues on my side have said that nothing has changed since the Government pulled the vote in December. I disagree. If they had pressed the vote last month, I suspect I would have voted against, but now I am not so sure, for a number of reasons. First, time is running out. Yes, the Prime Minister has run down the clock; there is no denying that. Secondly, amendments have been tabled such as amendment (p) on workers’ rights, consumer protection and environmental standards, submitted by several of my right hon. and hon. Friends, which I have signed. Thirdly, I supported new clause 7 to the Finance Bill on Tuesday, and having demonstrated that I did not want a no-deal conclusion, I feel I should address what I do want, not just what I am against.

My party’s policy is to call for a general election, and if and when there is a vote of no confidence, I will support it, but our first problem will be drafting a united manifesto. We would also need to delay article 50 and restart negotiations. This could mean months or years in Brussels followed by what? Another referendum perhaps. The amount of time, energy and money we have already spent on Brexit could be duplicated. What has happened this week, outside on College Green and inside this Chamber on Wednesday during points of order, shows just how toxic this issue has become, and it has to end.

We need to make a decision, move the country on and move forward. The impact of the doldrums and uncertainty is undermining business and the economy. Many colleagues have quoted dire forecasts for one course or another, but doing nothing could be just as bad. I have had real disagreements on this at home with family, friends, members of my party and constituents. Labour’s six tests were useful as a challenge, but they, like Gordon Brown’s five tests for the euro, were never meant to be met, in my view. Those judgments are fully subjective.

On the Northern Ireland question, I listened carefully to the intervention from the hon. Member for North Down (Lady Hermon) on Wednesday, as I am sure did other colleagues, in support of the Good Friday agreement and the Prime Minister’s deal. It is very easy to use hindsight to point out that which might have been done better. After the referendum, and especially post the 2017 general election, the Government might have detoxified some of this issue if they had constructed a cross-party approach to the negotiations. Part of Wednesday’s debate focused on cross-party co-operation. There must be scope for a cross-party approach, as so powerfully argued for by the right hon. Member for Mid Sussex (Sir Nicholas Soames) earlier this morning.

Our separation from the EU has been described as a divorce after nearly 50 years. Divorces are horrible. I have been through one. There is pain and there are costs. Then we have the playground politics of those who thought—and still think—this would be easy and pain-free. They are deluded, as the Father of the House described on Wednesday. Over 17 million people voted leave, and it was a national referendum, not a referendum in Poplar and Limehouse, not in Tower Hamlets, not even London. The Labour manifesto in 2017, which my constituents voted for, said we respected the outcome of the referendum. The Leader of the Opposition yesterday repeated that Labour would negotiate a better Brexit deal but that we would be leaving.

In conclusion, colleagues may have discerned from my comments that I am talking myself into supporting the Prime Minister’s deal next Tuesday, against no deal and against further delay. I am not quite there yet, but I am not far away. It seems the House is not yet there at all, but at some point we need to recognise that the danger of no deal is still there and that the only real alternative on the table is the Prime Minister’s deal.