Legislating for the Withdrawal Agreement

Debate between Jo Swinson and Suella Braverman

Monday 10th September 2018 Commons Chamber

[Suella Braverman]

When it comes to the implementation period, the withdrawal agreement, in its draft treaty form, contains agreed provisions on a joint committee. That committee could be a forum for resolving the issue to which my hon. Friend alludes. I hope that that provides some reassurance that there is an element of governance that commands some confidence and legitimacy in this process.

Significantly, from March 2019 and during the implementation period, the UK will not be a member state of the European Union. As a result, for the first time in 40 years, we will have the freedom we need to strike new trade deals with global partners—a freedom that builds on our long and proud history as a great trading nation and a champion of free trade with all parts of the world. Important work is already under way to maximise such opportunities. In July, the Department for International Trade launched consultations to inform the Government’s approach to trading with the US, Australia, New Zealand and potentially to seeking accession to the comprehensive and progressive agreement for the Trans-Pacific Partnership. I am excited that those opportunities for the UK are drawing ever closer.

To give effect to the implementation period in domestic law, the withdrawal agreement Bill must ensure that EU law continues to have the same effect in the UK as it does now for the duration of the implementation period. The House will be aware that the current mechanism by which EU law is brought into UK law is the European Communities Act 1972, which will be repealed on 29 March 2019 when we leave the EU as prescribed in the European Union (Withdrawal) Act 2018—a vital step in our exit. The Bill will require a strictly time-limited transitional provision so that the legal effect of the ECA is saved until 31 December 2020, at which point the implementation period will end. That will reflect the UK’s unique status as a country that has left the EU but which, for a strictly time-limited period, will continue to apply EU law as it does now, to the benefit of citizens and businesses.

[Jo Swinson (East Dunbartonshire) (LD)]

The Minister is talking about an implementation period, but is that not a misnomer? It is far from clear what we will actually be implementing. She is going to ask Parliament to sign off on a process when there is no detail of what our future trading relationship with the EU or anyone else is going to look like and when we will be giving up our negotiating power within the EU. Is it not just a step into the unknown?

[Suella Braverman]

I am disappointed that the hon. Lady is not here to welcome the implementation period, which has been welcomed by many businesses not only in her constituency, but throughout the UK, because it provides time and certainty. It is part of the withdrawal agreement, which is part of the final deal package, which is intricately linked to the future framework on the economic partnership. Together, they will be put to Parliament for the meaningful vote.