European Union (Withdrawal) Act

Debate between John Whittingdale and Caroline Flint

Thursday 10th January 2019 Commons Chamber

[Mr John Whittingdale (Maldon) (Con)]

It is a privilege to be called to speak immediately after two important speeches from each of the Front Benches.

I campaigned in favour of Britain remaining a member in 1975. I was too young to vote, but I put leaflets through doors that clearly said we would remain a member of a common market of independent trading states and that nothing about our membership would in any way affect the sovereignty of this Parliament, of which I am proud to be a Member. Unfortunately, in the 40 years since that referendum, we have moved steadily away from that vision, with more and more power given over to Brussels. It is essentially for that reason that I voted against the Maastricht treaty when I was first elected to this place and that I campaigned to leave in the last referendum, in which I was proud to serve on the campaign committee under the chairmanship of the Secretary of State.

I welcome the Prime Minister’s subsequent commitments in her Florence and Lancaster House speeches on the red lines that the Government cannot breach in our negotiations, and I fought the election on a manifesto making it clear that we are leaving the European Union and that that includes leaving the single market and the customs union.

The many benefits of leaving the European Union are summed up—as we were reminded by the Channel 4 drama on Monday, which had an interesting portrayal of the Secretary of State—by those three words: “Take back control.” There is no doubt that one of the referendum issues that featured in my constituency is immigration, as summed up in the “Taking back control of our borders” White Paper, but I am not opposed to immigration, which has brought great value to this country.

The farmers and horticulturalists I represent in Essex rely on immigrant labour, particularly seasonal labour, and I understand their concern that that should continue. Equally, like most farmers, as the Secretary of State said, the majority of them voted to leave because they embrace the idea of competing in world markets, being outside the CAP and, instead of being subsidised, receiving payment on the basis of their contribution to the public good, which is a far better system.

The ability for my right hon. Friend to set our policy in this area, as there will be such an ability for every other Secretary of State, is one of the great benefits of our gaining our freedom. That is one reason why I am not attracted to the Norway option that some have suggested, and that I understand my right hon. Friend has occasionally thought about. We on the Exiting the European Union Committee discovered in taking evidence from Norwegian parliamentarians that Norway is still bound by European regulations, and of course freedom of movement is one of those requirements.

The vote was essentially about sovereignty. It was a vote to remove the overall jurisdiction of the ECJ. My Select Committee colleagues and I have been to see Michel Barnier several times, and he is very clear that the Prime Minister’s red lines rule out the UK having membership of the European economic area or an agreement similar to those of Norway and Turkey. He told us that the only way in which the UK would not breach its red lines in continuing to have a relationship with the European Union is on the basis of an agreement like the one signed with Canada. He showed us a proposal that not only had a Canada-style trade agreement but had parallel agreements covering security, law and order co-operation and data transfer. Indeed, he set out a scenario almost identical to the one I would have described had I been asked what kind of relationship I wanted with the European Union.

The only problem was that of Northern Ireland and what would happen at the Northern Ireland border. The Prime Minister accepted that that was an insuperable obstacle, and she therefore made the Chequers proposal. I could not support that proposal principally because it maintained the common rulebook, which would mean still having to abide by EU regulations. The Government have shown a willingness to accept further lock-ins, and under amendment (p), tabled by the hon. Member for Bassetlaw (John Mann), we would have to continue to accept EU regulations in employment law.

[Caroline Flint (Don Valley) (Lab)]

Amendment (p), which I support, does not say that we should automatically harmonise with the EU as it strengthens protections in these areas. What it says is that, when protections are strengthened, it will come back for this House to debate and vote on those issues. That means Parliament is still taking back control.

[Mr Whittingdale]

As I understand it, amendment (p) would require us to accept that all existing EU regulations in this area will be maintained. I do not necessarily say that I am in favour of removing any of those regulations, although it is ironic that, when we debated the Maastricht treaty back in 1992, one of the arguments made by the then Conservative Government under John Major was that we had obtained an opt-out from the social chapter and that we would not be bound by the European employment and social regulations. We were told that we had achieved a great prize. Interestingly, of course, it was accepted that we could be part of what then became the European Union without being part of the social chapter. The indivisibility of freedoms is applicable only when it suits the European Union, and not when it does not.

There are many things about the withdrawal agreement and the political declaration that I do not like. I do not like the fact that we appear to be signing up to paying out £39 billion without any guarantee on what the future arrangement will look like. I do not like the fact that the ECJ will continue to have a say for a considerable period—some 20 years. I do not like the trading relationship described in the political declaration, which seems to be based on Chequers and its continuing adherence to the common rulebook. However, all those aspects could be dealt with in the subsequent negotiations during the transition period, with the exception of money, which is in the withdrawal agreement. The future arrangements can be discussed during the transition period because they are part of the political declaration, which is not legally binding.