EU Withdrawal Agreement: Legal Changes

Joanna Cherry Excerpts

Monday 7th January 2019 Commons Chamber

[The Secretary of State for Exiting the European Union (Stephen Barclay)]

In a tone that I am sure will reflect the year ahead, may I join the Leader of the Opposition in wishing you, Mr Speaker, and colleagues across the House a happy new year?

As the House will be aware, the Prime Minister today launched a new 10-year plan for the NHS, allocating an extra £20.5 billion a year in funding. I am therefore responding to this question on her behalf. I am sure colleagues across the House recognise the importance of the NHS plan.

As confirmed by the Leader of the House in her business statement before the Christmas recess, this Wednesday the House will debate a business motion relating to section 13(1)(b) of the European Union (Withdrawal) Act 2018. That will be followed by the main debate on section 13(1)(b), which will continue on Thursday 10 January and, subject to the will of the House, Friday 11 January. Discussions are taking place through the usual channels as to the proposed length of that debate and the date of the vote, but ultimately it will be a decision for this House, through the business motion, which will be voted on this Wednesday. Debate will also take place in the House of Lords on Wednesday 9, Thursday 10 and Monday 14 January.

The decision to postpone the debate last year was not taken lightly. Over the two years of negotiations, the Prime Minister won hard-fought battles—most importantly, to agree a bespoke deal, rather than the flawed off-the-shelf options initially offered. But it was clear from the three days of debate held in this House that it was not going to pass the deal and that further reassurances should be sought, particularly on the issue of the backstop.

Following December’s European Council, a series of conclusions were published that went further than the EU had ever gone previously in trying to address the concerns of this House. Over Christmas, the Prime Minister was in contact with a number of her European counterparts on the further legal and political assurances that Parliament needs on the backstop. She has been in touch with the Taoiseach, and indeed British and Irish Government officials have been in contact over the past week. Securing the additional reassurance that Parliament needs remains our priority, and leaders remain in contact. Leaving the EU with the deal that has been agreed is in the interests of both sides.

When the debate begins on Wednesday, the Government will make clear for the House what has been achieved since the vote was deferred last year. As I said when I spoke in the debate on 4 December, the deal will enable us to deliver a fair, skills-based immigration system and to have control over our fisheries policy and agricultural policies—

[Joanna Cherry (Edinburgh South West) (SNP)]

Nonsense!

[Stephen Barclay]

Unlike the Scottish National party, which wants to retain the European approach. We will have our own trade policy for the first time in more than three decades, and there will be an end to sending vast sums of money to the EU. It is a good deal, it is the only deal, and I believe that it is the right deal, in offering certainty for this country.

--- Later in debate ---

[Stephen Barclay]

With respect, it is a fairly specious argument to look at the percentage, because surely it is about the quality of the change, rather than counting words in the texts; it is not about going through the texts and asking what percentage has changed. The Prime Minister has been very clear that she is seeking further legal and political assurances. We have already covered the fact that we will explore these points in the coming days, and I look forward to having further debates with the hon. Gentleman on the matter.

[Joanna Cherry]

Today’s written statement from the Transport Secretary on the Government’s no-deal Brexit contract with the self-styled ferry operator Seaborne Freight says that the

“negotiated procurement procedure without prior publication was concluded as allowed for by Regulation 32 of The Public Contracts Regulations”.

I have been studying those regulations fairly closely, and they seem to envisage an emergency situation brought about by events unforeseeable by the contracting authority. It seems to me that it has been foreseeable by the Government and everyone in this country for some time that there might be a no-deal situation, so will the Government publish the legal advice that enabled them to proceed under regulation 32? If so, when can we expect to see it?

[Stephen Barclay]

I respect the hon. and learned Lady’s point, but the reality is that she is critical of the Government when we do not prepare for no deal and then she is critical of the Government when we do prepare for no deal. The responsible thing for a Government to do is to ensure that we have additional capacity. Given the short timescales, it was necessary to follow a specific procurement route, as the Transport Secretary has set out.