Legislating for the Withdrawal Agreement

John Redwood Excerpts

Monday 10th September 2018 Commons Chamber

[Suella Braverman]

My hon. Friend is absolutely right: nothing is agreed until everything is agreed. When I say that we have reached agreement with the EU on those sections—citizens’ rights, implementation and the financial settlement—I am talking about the legal text of the withdrawal agreement, which is in the form of a draft international treaty. Members will be familiar with the screeds of text that have been shaded in green. Progress has been made since the March European Council, which indicates agreement on the legal text and substance between the EU and the UK.

It would not have been appropriate for the White Paper to attempt to cover the parts of the withdrawal agreement on which negotiations have yet to be concluded. We will seek to keep Parliament informed as we make further progress, but let me make it clear that the withdrawal agreement Bill will be the primary means by which we give effect to the agreement, including any backstop arrangements for Northern Ireland and Ireland.

[John Redwood (Wokingham) (Con)]

Does the Minister agree that to help these very difficult negotiations with the EU, which does not like the Chequers proposals, it would be an extremely good idea, as a matter of urgency, to publish our tariff schedules for no deal, so that the EU can see what it would look like and so that those of us who want import substitution will know that they have a better opportunity?

[Suella Braverman]

I share my right hon. Friend’s passion for the prospect of our country’s leaving the EU and our prospects outside the EU, and he has considerable expertise on this issue. I hope that he will be heartened by the technical notices that have been published over the summer, which take a step forward in setting out how our preparations are evolving in relation to that aspect of a no deal outcome.

The Government are committed to working with the devolved Administrations to ensure that the Bill works for all parts of the UK. The Joint Ministerial Committee on EU negotiations has already discussed proposals for the Bill, and I look forward to continued engagement in the run-up to the Bill’s introduction and throughout its passage. Engagement has been constructive and positive, and we expect and intend that to continue.

We have also begun engagement with organisations and individuals on the Bill over the summer. I have held roundtables with academics, legal practitioners and civil society organisations, and I look forward to further engagement with a range of representative bodies this week. We will continue to work closely with all interested stakeholders to make sure that we get the legislation right, and I look forward to further hearing the views of Members tomorrow.

Let me now turn to the detail of the White Paper. Part 2 of the withdrawal agreement and chapter 2 of the White Paper set out the arrangements for EU citizens living in the UK and for UK nationals residing in the EU. A key step in the provision of a smooth and orderly exit from the EU is the provision of certainty for those individuals and their families. That is why reaching an agreement on citizens’ rights was the UK’s first priority in negotiating its withdrawal.

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[Matthew Pennycook]

The hon. Gentleman is absolutely right. In fact, over recent weeks I have seen some of the most ardent Brexiteers—people who wanted to take back control of our borders, incidentally—saying that they would just leave the border completely open. They are not going to be the ones who erect infrastructure. I welcome the fact that the Prime Minister has made it clear that because we chose to leave, the onus is on the UK Government, as well as the EU27, to come up with a solution that avoids any hardening of the border.

The Chequers proposals were designed to move the negotiations on, but it is patently obvious that they cannot command a majority in this House and would not be acceptable to the EU without further significant modifications of the kind that the Prime Minister cannot deliver because of the bitter divisions in her own party. The negotiations on this issue are at an impasse. Despite a summer of talks, little progress has been made on agreeing a legally binding and operable backstop. It is imperative that progress on this issue is now made and made quickly. With the second week of October being the effective deadline for sign-off at the October EU summit, there are now only a matter of weeks before the issue must be resolved. Both sides have an obligation, based on the solemn commitments they have given, to defuse the tensions that have built up around this issue, and both sides must now redouble their efforts to deliver a solution. What would make a legally binding backstop easier to agree, because it would ensure that it would be less likely to be used in the future, is a very clear signal on what the future relationship is likely to look like. That point was made at the end of last month by the Irish Minister for Foreign Affairs.

That brings me to the final issue I want to touch on before drawing my remarks to a close—the framework for the UK’s future relationship with the EU, or, more specifically, the political declaration that will accompany the divorce settlement if agreement is reached across all outstanding areas. Arguably, it is the contents of that political declaration, more than the details of the withdrawal agreement itself, that the House will focus on when it comes to pass judgment on the deal that we all hope—genuinely hope—the Government are able to conclude and put before us later this year.

Madam Deputy Speaker, you may have noticed that the notion of a so-called blind Brexit has received a great deal of attention over recent weeks, yet it has always been a distinct possibility. That is partly because there is every incentive for the Government, practically and politically, to bring back a withdrawal agreement that contains a political declaration that is highly ambiguous. To do so would be unacceptable. A vague political declaration on the future framework would not be a solution to the problems that we are grappling with; it would be tantamount to avoiding those problems altogether. As the hon. Member for East Dunbartonshire (Jo Swinson) said earlier—she is not in her place now—that would leave the UK in a far weaker position during the transition than we would otherwise be, and we on the Opposition Benches would not accept that.

[John Redwood]

The hon. Gentleman is making an extremely important and interesting point. What does the Labour party think are the minimum strong clear commitments that would be required to make the political declaration acceptable?

[Matthew Pennycook]

I hope that the Minister will agree with us on this. We want a political declaration that is extensive, precise and substantive. When this House votes on the final deal, it must have a very clear signal of what the future relationship will be like—not a vague statement that allows us to crawl over the line to 29 March next year without any sense of where our relationship will end up in future. As I have said, the Opposition would not accept such a vague document.

When the withdrawal agreement and the political declaration are put before us, we will faithfully apply the six tests that we set out in March of last year. Let me be very clear: those six tests cannot, in our eyes, be met simply by failing to address them altogether. The political declaration on the future relationship must be sufficiently detailed and clear that hon. and right hon. Members are able to arrive at an informed judgment about whether the final deal and the future relationship are good enough for the country and for their constituents.

I appreciate that the negotiations are ongoing and that the drafting of the declaration is not yet under way, but in his summing up, I hope that the Minister will provide greater clarity on this matter. In particular, will he provide the House with a greater sense of the type of political declaration that the Government will be pushing for at Salzburg, an idea of the level of detail the Government believe that it needs to contain, and confirm, or reaffirm, that the Government still require a document that is both precise and substantive?

In conclusion, as I said at the outset of my speech, the Opposition welcome the White Paper as well as the opportunity to debate in more detail the legislation that we all hope will be laid before us later this year, but we urgently need a change of approach and pace from the Government. When it comes to the forthcoming European Union (Withdrawal Agreement) Bill, we hope that we see less of the short-term political gimmickry that we have seen in the past and more serious consideration of what is the most effective way to legislate. To that end, we call on the Government to allow pre-legislative scrutiny of those sections of the forthcoming Bill that relate to aspects of the withdrawal agreement that have already been agreed.

When it comes to the crucial issue of the Irish border and the default backstop, we need the Government to do everything they can to defuse the tensions that have built up around the issue and play their part over the coming weeks in delivering a solution. Finally, when it comes to the political declaration on the future framework the Government need to press for a document of sufficient precision and detail to allow the House to make an informed judgment.

The clock is ticking. The Government must shift their focus away from the deep divisions in their own ranks and towards what is needed to secure a deal that will work for the country. Urgent progress is essential not only to secure a withdrawal agreement, but, as my hon. Friend the Member for Rhondda (Chris Bryant) said, to ensure that full and proper scrutiny of the legislation that will be required to enact it.

[Sir William Cash (Stone) (Con)]

I have made the point today—I have made it in previous debates—that it would not be satisfactory at all to accept the Chequers proposals. I shall explain why in relation to the particular arrangements under the White Paper.

First, while the White Paper contemplates saving the European Communities Act 1972 only during the implementation period, there are some very specific instances in which EU law will continue beyond the implementation period. The Government have already conceded in principle that some specific European Court jurisdiction will continue after the end of the implementation period, and that, of course, includes citizens’ rights. The withdrawal agreement, however, also includes other areas for which that would be the case, such as in relation to pending cases in which the facts arose before the end of the implementation period. Furthermore, continuing participation in EU agencies could entail automatic acceptance of the European Court’s decisions.

The Government say that they are going to save the European Communities Act in part. That is all very well but, as I said in my presentation of the arguments last Wednesday during the European Scrutiny Committee’s proceedings with Mr Olly Robbins and the Secretary of State, the reality is that within a mere 14 days of the European Union (Withdrawal) Act 2018 receiving Royal Assent, a White Paper was introduced on saving parts of the 1972 Act even beyond the implementation period in circumstances that I find not just weird but thoroughly unacceptable.

[John Redwood]

Paragraph 89 in chapter 1 of the future partnership White Paper says:

“The UK will seek reciprocal arrangements on the future rules around some defined elements of social security coordination.”

Does my hon. Friend share my fear that that may also involve jurisdiction over our banking system?

[Sir William Cash]

That is part of the same problem. I am afraid that there are some really very difficult questions that Ministers and the Government have to answer. I put all this to the Prime Minister immediately after 6 July, when the Chequers proposals came through. I questioned whether we could in fact reconcile the Chequers proposals with the European Communities Act 1972, and the reality is that we cannot. We may then say that we have an agreed implementation period to give certainty to businesses. However, as I pointed out in an intervention, it does not create certainty for business on product standards, for example, because anyone who knows anything about the workings of the European scrutiny system knows that decisions are quite often taken by officials in such things as working groups and then are effectively rubberstamped by Ministers. Furthermore, under the existing arrangements, decisions are taken behind closed doors without any transcripts of the proceedings.

Businesses need to wake up to this. They are told that they will have greater certainty, but do they really know and understand anything about how the system functions in practice? In practice, decisions are taken by consensus, because everybody knows what the outcome will be before they even walk in the room, but we will not even be there in relation to the common rulebook, so how can the Government provide business with certainty when they do not know what changes might be made to that rulebook? Moreover, people in business will have absolutely no idea why changes are being imposed on them because there is no transcript of proceedings.

Furthermore, a problem exists in relation to the scrutiny that will take place, because the so-called provisions of the joint committee represent no more than consultation. There will be no right for us to refuse to do something—I will come to the parliamentary lock in a moment—as the reality is that consultation means no more than saying, “We will listen to what you say,” but it does not mean that anyone will act. Anyone who is foolish enough to believe the European Union, given its background, its bullying tactics and the way in which it has operated over the past months and even before, needs to realise that the decisions will be taken by the other member states and that we will effectively have no real control over them whatsoever. That is a really serious problem.

[John Redwood]

Is not it also the case that, far from ending business uncertainty, the Chequers proposals create another 21 months of perpetual renegotiation, thereby maximising uncertainty?

[Sir William Cash]

That is completely true. I am very concerned about the suggestion that the Chequers proposals somehow or other end up creating more certainty—it is just not the case.

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[John Redwood (Wokingham) (Con)]

The British people voted, by a large majority of over 1.25 million votes, to leave the European Union. We had all been told, by means of leaflets sent to our homes by the then Government, that this was a once-in-a-generation opportunity to vote on this—not a series of votes until people got the answer they liked—and that we, the people, would make the decision. It was a very clear issue. The leave voters I met, and I met a good number of leave voters, took it very seriously. They understood the arguments, they considered them and they meant their vote. I do find it most curious that some Members of Parliament are still saying that it was not clear that we voted to leave the single market and the customs union. One of the very few things that the two official campaigns agreed on was that point. Remain said that we would obviously have to leave the single market and customs union—remainers regarded it as a kind of threat—and leave said that we would want to leave the single market and customs union, as well as having to, because we saw it as an opportunity. So there was happy agreement and everybody voted accordingly.

I was a very strong supporter of this Government because they were elected, in the recent general election, on a ticket of getting on with implementing Brexit. That was pretty popular around the country. The Conservatives got a much higher percentage of the popular vote than in all the previous elections since Margaret Thatcher. We did not get as many seats as we would have liked because there were interesting surges in the popularity of the Labour party, which also fought the election on getting on with implementing Brexit. The bit of the Labour manifesto I most enjoyed was the rather long piece in it about how Labour wanted an independent trade policy. It was not in every respect the policy that I would have designed, but Labour made it crystal clear that it wanted a completely independent trade policy and that would of course be totally incompatible with staying in a single market and a customs union.

I was very happy with the Lancaster House speech, which I thought was beautifully crafted. It set out exactly the vision that most leave voters and many moderate remain voters who accepted the democratic verdict of the people could buy into.

[Debbie Abrahams]

The right hon. Gentleman said that he appreciated the Lancaster House speech and that everybody who voted to leave did, too, but how does he know that?

[John Redwood]

From conversations, watching opinion polls and listening to the national conversation. I do not know about the hon. Lady, but I take my politics seriously and I regard it as my job to listen, to read, to understand and to consult colleagues. I find that coming into the Chamber is quite a good way of judging the mood because sometimes Members of Parliament, even those on the Labour Benches, know the mood in their constituencies.

[Sir William Cash]

Will my right hon. Friend remind the hon. Lady and the House that a pamphlet was put out by the Government during the referendum campaign that explicitly said, “This decision will be yours”? There was no question of its being decided by Members of Parliament. We operate by a system of parliamentary government, not government by Parliament.

[John Redwood]

Indeed, but let us press on.

My worry is about the Chequers proposal—and it is only a proposal; it is not a deal or an agreement—which was set out in the future relationship White Paper, and the consequent White Paper about how such an agreement, were one to arise, would be handled and implemented by this Parliament. My worry, and I think it is the worry of many leave voters and some remain voters, is that, having voted to get rid of treaty law—to dismiss the European Union treaty because we had not enjoyed living under its tentacles—the Government now suggest we need another two European treaties to replace the one that we are getting rid of. We are mightily suspicious of treaty law. Why are we so suspicious of it? Because the original treaty, the treaty of Rome, masqueraded as a free trade agreement, which is how it was sold to the British people in the long-distant 1975 referendum, but by accretion and development, over which the British people had no control, it changed—through Nice, Amsterdam, Maastricht and Lisbon—into a massive panoply of laws and controls and completely changed our constitutional structure, without the people ever having a proper vote on that process until the most recent referendum.

We know from our experience here that this became what I call a puppet Parliament. In dozens and dozens of crucial areas where we might like to legislate, we had no power to legislate independently of the European Union whatsoever. In all those massive areas—not just trade and business, but the environment, social policy, employment policy and even foreign affairs—we had to legislate in the way the European Union laid down. Quite often, many Members of Parliament and many members of the public disagreed with that way. Quite often, it was an area where the Government had either lost a vote or did not bother to hold one because they knew they were going to lose as they were in disagreement with other member states. It was that above all else that the British public rejected in the historic vote in 2016. They said to Members of Parliament, “Collectively, you often make a mess, we don’t always approve of you and we are very critical of you, but you are our MPs” and the joy the public have is that they can fire us if we really annoy them or we get it wrong, whereas the European Union often strongly annoys them and gets it wrong and there is absolutely no one they can, directly or indirectly, have fired because it is a system that the UK cannot control and has to receive. We are, therefore, very suspicious of the idea of more treaty law.

One of the things that makes this debate very difficult for a neutral observer to come to a sensible view on is the abuse of language and the scare stories that seem to characterise most of what passes for debate on these important issues. I do not for one moment believe that there is a cliff edge and I do not for one moment believe that we would leave the European Union with no agreements. There will be lots of agreements. We have always had lots of agreements: there are lots of business-to-business agreements, business-to-individuals agreements, business-to-Government agreements and even Government-to-Government agreements. Once we have left the European Union properly, I am sure that there will be a lot of diplomacy, discussion and joint action, but we want it to be bilateral and based on the merits of the case as we proceed each time. We do not wish it to be multilateral through the EU, where the EU has special legal powers that mean that it has duress over us or can prevent us from having a weighted dialogue with the EU and reaching an agreement if we wish and not if we do not.

The structure of what the Government are now proposing is quite alarming. The EU withdrawal agreement would take the form of an international treaty, which would of course need full ratification by Parliament in the way that has been laid out. However, if it was agreed with the EU and then subsequently ratified by this Parliament, we would be back in the position where European law had more significance and for the whole of the transition period we would of course be completely back under the control of the European Union. As my hon. Friend the Member for Stone (Sir William Cash) has pointed out, we would be even more vulnerable than we are today because the EU could legislate in our absence. At least we can see them annoying us at the moment around the same table, whereas we would be in the position where they could simply do it without consulting us or taking into account our views.

Therefore, that is not a good idea, but even worse is the proposed legal form of the so-called future partnership agreement. The UK Government call it a partnership agreement, but I think what the EU proposes, and would call it, is an EU association agreement. Such agreements are normally very comprehensive, and we can see exactly what they look like when we read the one for Turkey or for Ukraine. They have been designed by the EU to lock in countries that would like to become members but are not yet fully compliant with all its legal requirements, standards and so forth. They are used to drag those countries gradually into compliance—usually willingly, because they want to join.

We want something completely different. We want agreements on how to proceed in various areas, but we are going in the other direction. We do not want an agreement that drags us into closer compliance; we want the freedom and flexibility to have our own trade policy, our own fishing policy and our own business policy as time evolves. I am very worried that an association agreement model, rather than allowing that, would reintroduce the powers of the European Court, over which we will obviously have no control, and we would again be under strict control in a number of wide-ranging areas from which the British people wish us to liberate themselves.

[Martin Whitfield (East Lothian) (Lab)]

In the right hon. Gentleman’s vision of the future, how does he see the nature of the devolved Governments here? There was clearly a very different relationship before we went into the EU. What influence does he see them having on the trade deals that the Government seek?

[John Redwood]

In the model that I am describing, we would get much more power back and we would keep it, and that would then be shared with the devolved Administrations, so they too would be winners. That settlement will be sorted out in the usual democratic way in a unitary country that has recently had a very important democratic event. The Scottish people decided by a decent margin in a referendum that they wished to stay in the United Kingdom, so their way of influencing the trade deals will be through this Parliament. Had they chosen to leave the United Kingdom, they would be having their own trade deals—or more likely they would be having the EU’s trade deals, because the Scottish National party does not seem to want an independent Scotland; they want a Scotland that is dependent on the EU, rather than a very important partner in the United Kingdom enterprise.

My other worry about the two prospective treaties that the Government are mulling over is conditionality. The Government have told us that nothing is agreed until everything is agreed, and I fully approve of that. They also seem to understand that, unless they are prepared to say to the European Union, “We will leave without signing the withdrawal agreement,” they have no negotiating position. We now know that the Government are quickly preparing to be able to leave without signing a withdrawal agreement. I think that that would be a very attractive option for many leave voters because the withdrawal agreement itself is mainly about the United Kingdom paying an extremely large bill. The Government are saying, “Yes, but you need to look at the whole package. You need to see what is in the future partnership”—the association agreement treaty to come, because they think that might persuade Parliament and people to accept the rather unpalatable withdrawal proposal. The Government’s problem, as we have just heard from the Opposition, is that there will not be a majority in this House to put through the current kind of withdrawal proposals the Government have without a very clear, bold and good-looking association agreement/future partnership and we might be looking only at rather vague heads of terms. I suggest that the Government need to introduce rather stronger conditionality than they have done so far in their negotiations. They need to make it crystal clear that there is no £39 billion unless something really impressive is available.

I do not know about the Government—I sometimes worry about how they might go shopping—but when I go shopping I do not go into a shop, put £39 down on the counter and say, very politely, “By the way, I have £39 there for you, which I thought you might like. Do you have something that I might like so that I do not leave the shop as a loser?” It seems to me that that is what the Government did. They put down £39 billion—they have rather more money than I have, lucky them; some of it is money that they took from me, actually—on the counter and said, “By the way, EU, we have these dreadful Eurosceptics back home who want value for money, so it would be quite nice if you could offer us something that might be suitable for us.”

When I look at what the EU has in its shop, I am afraid, oh Government, that I do not see anything that I would pay £39 billion for. Yes, I would like a free trade deal, which I think would be a perfectly good answer in the current situation, but I do not remember Canada paying anything for its free trade deal. A Canada deal would be just fine, with a few extra knobs and whistles—we start from complete compliance with the EU, so it will be easy to have a few extra knobs and whistles—but I do not think that is the kind of thing I would pay £39 billion for. Indeed, the tariff saving would be a small fraction of £39 billion, so it would not make a lot of sense financially. The Government, therefore, have a bit of work to do to persuade friendly, reasonable people like me that the two treaties they have in mind represent a good deal for the British people.

[Jonathan Edwards (Carmarthen East and Dinefwr) (PC)]

I am listening to the right hon. Gentleman’s point about the divorce payment. Is he making the case that Nigel Farage should be deprived of his pension pot?

[John Redwood]

I am not suggesting that at all. That gentleman’s pension pot is a liability of the European Union. They entered into it, so I think it is something that they need to sort out. I do not think that the European Union should be the kind of body that stops people getting their pensions. I do not remember when we joined the European Union being given a big pot of money to reflect all the liabilities we inherited, so it is a bit difficult to understand why the reverse has to happen when we leave and we have to pay for the others. We simply were not given a whole load of money at the beginning to reflect the fact that we were going to have to pick up some of the pensions of civil servants who had been working in the EU before we arrived.

[Peter Grant]

It is interesting that the right hon. Gentleman thinks that we went into the European Union on the basis of a referendum in which people did not understand the question but we are not allowed to use that argument now. Is it not the case that when new members join the European Union, they become liable for liabilities that occur only after they join? In the same way, if any member is daft enough to leave, they are liable only for those liabilities that occurred before they left.

[John Redwood]

No, I think that the hon. Gentleman is wrong. I think that he will find that we were responsible for the existing pension liabilities jointly and severally with the other members. We cannot really complain about that; we were joining the club, so we had to help pay the club bills. When we leave the club, the remaining members pay the bills—it is a fairly straightforward operation.

[Dr Whitford]

I would have thought that when someone leaves the bar in the golf club, they pay their tab before they go. That is what the £39 billion is; it is not shopping for a trade deal. If the right hon. Gentleman is suggesting that no deal is better, so as not to pay the £39 billion, I would be interested to hear what he thinks will happen to the EU citizens who have settled here and to British citizens who have settled in Europe, because they are also part of the withdrawal agreement.

[John Redwood]

I have always said that someone should pay for the drinks they have just ordered in the bar while still a club member, and once they have ceased to be a club member they cannot order drinks anyway, so there is no problem. I do not think that the hon. Lady has really got that one. As for EU citizens, I am very keen that we reinforce the Prime Minister’s assurances. I have always thought that if we do the right thing by its citizens, it will end up doing the right thing by ours. It is very important that we do not forget that our citizens have rights and need support as well, but I do not believe that the EU is as nasty as some remain voters seem to believe. I do not believe that this group of democratic nations would start evicting people from their countries after they had settled there legally under its rules. I hope that the hon. Lady is not suggesting that. If she is, why does she wish to belong to the kind of organisation that throws people out when they are legally entitled to be there?

[Dr Whitford]

It was the right hon. Gentleman’s colleagues sitting on the same Benches who talked about EU citizens as bargaining chips and playing cards. One of them stated in the newspapers only recently that EU citizens would not be allowed to stay—someone not very far away from him at all.

[John Redwood]

I suggest that the hon. Lady addresses those remarks to whoever she thinks said that, but I did not.

[Mr Rees-Mogg]

I was asked a different question, which was about the rights of EU migrants who come after we have left. I have always thought that those who are here before we leave should maintain full rights.

[John Redwood]

Indeed. I would not have expected anything else. I think that it is always better if people speak for themselves.

I am very worried by this drift. I am also worried by this whole so-called implementation period or transitional period. It is clearly not an implementation period, because there is nothing to implement as of today. Even if there is a moderately detailed political agreement, it will not be something we can go off and implement. I have become very nervous about the idea that we need another 21 months of uncertainty. I have heard a lot from remain about the dangers of uncertainty. I can see that going on for too long with arguments about our future is not terribly helpful. I think 33 months is probably quite long enough to have a good old argument and see whether we can get a decent set of agreements from the EU or not. I remain to be persuaded that there is something our talented Ministers can achieve in negotiations on 1 April next year, to pluck a date out of the air with no particular significance about it being April fools’ day. What is it that could be agreed on April fools’ day next year that could not be agreed now or in December? We still have seven negotiating months left. We have already had two years or more of negotiations. I would say that that was a fair enough test. I would also take the view that if there is not something at the end of 33 months that we like, then we should just say, “Fine, it is not to be. We will go off and do bilaterals on a regular basis on the things that are of mutual interest.” I suspect we would get along just fine.

That is, of course, how the 160 other countries around the world get on with the EU. They do not have a special trade arrangement. They are certainly not bound by EU treaties in most cases. There are those who are terribly worried about the fate of the trade deals the EU has with 60-odd countries. I can reassure them that I still have not heard a single one of those countries say they wish to lose that trade deal with the UK. Of course, in law it novates to both the UK and the rest of the EU, but it needs to be agreed with the other party to the agreement. I do not know of any country that does not want to allow us to novate. Of course, some say we could improve it and make it better—why not? It is a good idea to have a look at it, but until I am told of a country that has actually ruled out taking on one of these trade deals I think they are there for us to continue to enjoy.

What is more important is that if we got on and left, we could sign trade deals and implement them from April next year. There are a number of countries friendly to us who would like early trade deals. There are off-the-shelf trade deals that they might be interested in developing, which they have developed with others, that would get us off to a good start. I do not like the provision in the White Paper—I think perhaps the Minister did not quite grasp it—that says, as I understand it, for the 21 months they are proposing for transition we are not allowed to implement a trade deal with anybody else. I think we could discuss them and get them ready for signing—that kind of thing—but they could be brought into effect. I think it would be rather nice to get on with it and bring things into effect.

There are plenty of other things I would like to talk about, but there are many others who would like to join in. Let me sum up by saying that my worry about the EU withdrawal proposal is that I do not think Parliament will be very willing to put the legislation through without great clarity, as Labour has said, on the so-called partnership—the association agreement. For myself, I am going to need a lot of persuading, because I think the money is far too great and the transition delay, so-called, is far too long. I am also extremely concerned that we will give up one EU treaty only to sign up to another two, which look to me as if they will have many of the problems that we had from the original.

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[Mr Rees-Mogg]

No, that is not quite true. The hon. Member for Glenrothes (Peter Grant)—a great seat for which I once stood, in 1997, although not with enormous success—says that, but Scotland did not do that. Scotland became part of a greater whole, and how many Scottish Prime Ministers have we had who have led this country with great distinction? We became one, rather than simply farming out legislation to somebody else.

What is the Government’s best answer? It is that the EU is so slow—so slothful and sluggish—that in a period of 21 months, it could not institute any new laws and therefore we should not worry our little heads about it. This is a really unsatisfactory answer. It is not impossible for the EU to move swiftly, and it has done so the past. This is a golden opportunity for the EU to legislate in a way that we do not like, and we will have no say at all. I go back to the solution I have suggested for the courts: no new law without a vote in Parliament—and not a scrutiny vote. Although it is a very important Committee, the European Scrutiny Committee has never been able to stop any directive or regulation from coming in, and regulations have direct effect without any vote or scrutiny in Parliament anyway. There needs to be a vote as if for a statutory instrument. It is an abnegation of democracy to allow our law to be changed in this way, and this is a part of the White Paper that must be rejected.

[John Redwood]

Would it not be much easier if we did not have the so-called transition period and just got on with it?

[Mr Rees-Mogg]

That is very tempting—I would be delighted to talk about that proposition—but the title of our debate is “Legislating for the Withdrawal Agreement”, so I feel I have to stick to those terms because otherwise Mr Deputy Speaker, who I understand has had a very nice holiday in France, showing our continental cousins that we still send them our finest and best—

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[Mr Walker]

The right hon. Gentleman raised lots of questions, many of which have been answered previously. I refer him to the answer that my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) gave when he said he could not envisage motions of the House that would not be amendable. Of course we will have parliamentary scrutiny and debate, but the House has repeatedly voted against the concept of a second referendum, which the right hon. Gentleman supports, and will, I suspect, continue to do so.

As has been pointed out, there have been some unusual agreements between the Opposition Front Bench and my hon. Friend the Member for Stone (Sir William Cash), for instance, on some aspects of the debate. There has been wide-ranging discussion about the future partnership, the Chequers agreement and so forth, but the debate has focused on legislation for the withdrawal agreement and, indeed, on the White Paper.

I particularly enjoyed the powerful contribution from my hon. Friend the Member for Redditch (Rachel Maclean), who—as her constituents, my near neighbours, often tell me—is always a breath of fresh air. We also heard some thoughtful comments from the hon. Member for Hartlepool (Mike Hill), who gave some of the reasons why his constituents had voted Leave and why he did not believe that a second referendum was appropriate. I share the passion felt by my hon. Friend the Member for Stirling (Stephen Kerr) about our precious Union, and his confidence in the success of this country. My hon. Friend the Member for Chelmsford (Vicky Ford) spoke a great deal of sense, as she always does.

The withdrawal agreement Bill is a vital step in the delivery of the outcome of the referendum. Its purpose is simple and straightforward: to give effect to the agreement that we will have reached with the EU, an agreement that we fully intend to reach in the coming weeks—and it is interesting to note that, during our debate, there have been confident predictions from Michel Barnier that an agreement can indeed be reached within that period.

The Bill will be introduced only once the vote on the final deal has been held. It will therefore be the means by which Parliament’s decision—and, more important, the decision of the British people to leave the EU—is delivered in our law. As we heard from the Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Fareham (Suella Braverman), Royal Assent will have to take place before exit day if the withdrawal agreement is to have domestic legal effect. It is precisely because the window of passage is constrained that we published the White Paper in July.

I found it slightly extraordinary that the hon. Member for Rhondda (Chris Bryant) simultaneously criticised us for publishing a White Paper on legislation that was not yet complete, and called for more pre-legislative scrutiny. The whole purpose of the White Paper—and, indeed, of the debate—is to ensure that Parliament can have its say. We wanted to maximise Parliament’s ability to express its views on the Bill, including before its introduction, and I welcome the wide range of passionately held views that we have heard today.

There are some key themes on which I want to reflect, and the first is that of parliamentary scrutiny. We recognise that parliamentary scrutiny has a vital role to play in the exit process. Having heard from the Chair of the European Scrutiny Committee, my hon. Friend the Member for Stone—sadly, he is no longer in the Chamber —and a number of other long-standing members of his Committee, I can say it is important that we are discussing a White Paper that Parliament has had time to consider before legislation is published. It follows more than 250 hours of parliamentary debate on the Bill that became the European Union (Withdrawal) Act 2018, to which the hon. Member for Greenwich and Woolwich (Matthew Pennycook) referred, 110 ministerial statements to both Houses of Parliament, and more than 40 appearances before Select Committees by Ministers in my Department since July 2016.

Members on both sides of the House have rightly highlighted the importance of providing certainty for not only EU citizens in the UK, but UK nationals in the EU. The parts of the agreement that have already been agreed will safeguard the rights of those individuals and their families. The withdrawal agreement Bill will be the primary means by which the rights of EU citizens will be underpinned in the UK. It will give certainty to EU citizens living here on rights of residency, and on access to healthcare, pensions and other benefits. That means that EU citizens will continue to be able to lead their lives broadly as they do today. Let me reiterate our message, and the message that the Prime Minister has sent to EU citizens:

“we want you to stay; we value you; and we thank you for your contribution”

to our country. That was echoed by my hon. Friends the Members for North East Somerset (Mr Rees-Mogg) and for Redditch.

The Bill will ensure that EU citizens can rely on the rights set out in the withdrawal agreement, and can enforce them in UK courts. It will also establish an independent monitoring authority to oversee the UK’s implementation of the citizens’ rights deal, providing further reassurance for citizens that their rights will be protected.

The hon. Member for East Lothian (Martin Whitfield) asked about the mutual recognition of professional qualifications. We have reached agreement on a number of areas. I can reassure the hon. Gentleman that regarding the citizens’ rights agreement, articles paragraphs (1) and (2) of article 27 of the withdrawal agreement provide for ongoing administrative co-operation in respect of MRPQ. We will return to that issue in our ongoing conversations about the future relationship.

I also listened carefully to the points made—with appropriate passion, I think—by the hon. Members for Greenwich and Woolwich (Matthew Pennycook) and for Darlington (Jenny Chapman) on Northern Ireland. We have been clear from the start of this process that we will deliver on all our commitments in that regard—not only on the reciprocal rights of British and Irish citizens, the common travel area and the absence of a hard border, but those other areas of north-south co-operation to which the hon. Gentleman referred. As my right hon. Friend the Secretary of State has confirmed in this House, we expect the withdrawal agreement Bill to implement our commitments on Northern Ireland, including the backstop. The hon. Member for Glenrothes (Peter Grant) referred to, and quoted from, the joint report. We stand by all our commitments in that report. Like my hon. Friend the Member for Stirling, I echo the hon. Gentleman’s comments about and good will towards the hon. Member for Motherwell and Wishaw (Marion Fellows). All Members send her our good wishes and condolences.

The status of EU citizens in this country in the event of no deal was raised a number of times, although it is not really the topic of the debate. Providing certainty for citizens has been a priority for both parties to the negotiations. We do not want or expect a no-deal outcome, but should we be unable to reach a full agreement with the EU, the Secretary of State has made it clear that the prospect of us not moving swiftly to secure their legal position or having people removed from this country is far-fetched and fanciful—it simply would not happen. As we have heard, these individuals make valuable contributions to our communities and our economy, and we would not want to lose them. That sentiment was echoed by those of all viewpoints in the referendum debate.

I am pleased to observe a degree of support across the House, especially from my hon. Friends the Members for Gordon (Colin Clark), for Chelmsford and for Redditch, for the implementation period. Colleagues clearly recognise the need to provide citizens and businesses with certainty as we leave the EU. They should have to prepare for only one set of changes—I hear that day in, day out from businesses. It is notable that when the agreement on the implementation period was reached in March, the CBI said it would help to protect living standards, jobs and growth. The Federation of Small Businesses said it would help protect small businesses from a damaging cliff edge and the Scotch Whisky Association said it would provide welcome reassurance.

I want to provide clarity on several points about the implementation period. First, it is strictly time-limited. That is the case owing to necessity—if it were not time-limited, it would be not a transitional period, but a permanent relationship. That time-limited nature will be reflected in the Bill, with the relevant provisions sunsetted so that they expire at the end of December 2020. Some queries were raised about the domestic legal basis for the implementation period. Let me assure the House that the European Union (Withdrawal) Act 2018, a vital piece of legislation, will continue to play the role that Parliament intended. The amendments made to that Act by the withdrawal agreement Bill will be technical. They will simply defer some parts of the Act, such as the domestication of EU law into retained EU law, so that they take effect at the end of the implementation period rather than on 29 March, when we leave the EU. That will ensure that the Act can operate in the correct context and that Parliament’s time in scrutinising legislation has been well spent.

This means that the European Communities Act will still be repealed in March 2019. However, it will be necessary to ensure that EU law continues to apply in the UK during the implementation period as it does now. That was what we agreed in the discussion on the implementation period. That will be achieved by way of a transitional provision whereby the Bill will amend the European Union (Withdrawal) Act 2018 so that the effect of the European Communities Act is saved for a time-limited implementation period. Exit day as defined by that Act will remain as 29 March 2019. This approach will provide legal certainty to businesses.

I listened carefully to the arguments made by my hon. Friend the Member for North East Somerset about a different approach on legislation during the implementation period, but the agreed terms for that period require us to keep pace with changes to EU law, the majority of which will already have been initiated and subjected to scrutiny. That will be an essential component of maintaining terms of trade on the same basis.

I want to reassure the House that, as the Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Fareham, said, the UK will be able to strike new trade deals with partners around the world during this period. I look forward to seeing these opportunities unfold. We will be able to negotiate and sign such trade deals during that period, to come into force immediately afterwards.

We have had a lively debate on the financial settlement, with analogies made to shopping, to bars and to golf clubs. The negotiated financial settlement will clearly continue to be of great importance to Members, and they are absolutely right to raise it and to want to scrutinise it. I emphasise that the withdrawal agreement covers the UK’s financial commitments to the EU and the EU’s financial commitments to the UK. It provides certainty to current recipients of EU funding, including farmers, businesses and academics, with the UK continuing to receive payments due under the current EU budget plan. We are a country that honours our obligations, but let me be clear that if one side fails to live up to its commitments, there will be consequences for the deal as a whole, and that includes the financial settlement. As my hon. Friend the Member for North East Somerset pointed out, nothing is agreed in these negotiations until everything is agreed, and I can assure him that this country will always say no to wasting taxpayers’ money.

I emphasise that both sides are committed to agreeing the framework for the future relationship alongside the withdrawal agreement. It is our firm view that the withdrawal agreement itself must include a commitment requiring the framework for the future relationship to be translated into text as soon as possible. The Government will pay careful attention to the points that have been made during this debate on the scrutiny of the financial settlement.

A number of hon. Members mentioned devolution and the withdrawal agreement Bill. I want to reiterate, and to state firmly, that we are committed to working with the devolved Administrations to ensure that the Bill works for all parts of the UK. I am pleased with the engagement that has taken place with them to date—through, for instance, the ministerial forum. As my hon. Friend the Under-Secretary said, such engagement has happened at ministerial and official level. It has been positive and constructive, and I know that at one of the most recent meetings of the forum, the devolved Administrations were able to welcome the fact that they had been given advance notice of the White Paper and that information had been shared with them.

[John Redwood]

Before the Minister finishes talking about the money, will he tell us a bit more about how conditionality will be defined and enforced?

[Mr Walker]

I have already touched on that point in my comments. Clearly we need the framework for the future relationship alongside the withdrawal agreement. When Parliament votes—both on the meaningful vote and on the withdrawal agreement Bill—it will want to see that we are getting value for money. That is something that our negotiating counterparts are clearly aware of, and I refer my right hon. Friend to the comments that I made earlier.

As my hon. Friend the Member for Chelmsford noted, today is Gibraltar day, and I am sure that the whole House will join me in extending our warmest wishes to the people of Gibraltar. The Bill does not cover Gibraltar, because it is responsible for passing its own EU exit legislation, but the UK Government are committed to fully involving Gibraltar as we leave the EU together, to ensure that its priorities are understood. The primary forum is the Joint Ministerial Committee (GEN)—Gibraltar European Union negotiations—which I chair, and I want to reassure the people of Gibraltar that we will never enter into arrangements under which they would pass under the sovereignty of another state against their wishes, or enter into a process of sovereignty negotiations with which Gibraltar was not content. As the Prime Minister has said, we joined the EU together and we are leaving together, and from next year we step forward into a new chapter of our history together.

I reiterate my thanks to all Members who have spoken in the debate. This legislation is vital to our smooth and orderly exit from the EU. It will protect the rights of EU citizens in this country, pay the negotiated financial settlement and give effect to the implementation period. The White Paper provides further clarity and certainty to people and businesses about how we will implement the final agreement we reach with the EU in UK law. I welcome the views that we have heard from both sides of the House and I look forward to continuing to work with Parliament in preparing for our withdrawal. My hon. Friend the Member for Stirling put it so well when he said that people want to see us deliver a successful Brexit for the whole of the United Kingdom, and that is what the White Paper and the Government are focused on delivering.

Question put and agreed to.

Resolved,

That this House has considered legislating for the withdrawal agreement.