European Union (Withdrawal) Act

Debate between John Whittingdale and John Redwood

Thursday 10th January 2019 Commons Chamber

[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.

[John Redwood]

Does my right hon. Friend agree that the money is not £39 billion? There is no cash limit, no agreed amount, in the agreement, and there are huge powers for the EU to keep sending us bills of an undescribed amount for decades. It will be a lot more than £39 billion.

[Mr Whittingdale]

I fear my right hon. Friend may well be right. He highlights the risk we run in making that commitment.

I am willing to accept an ongoing payment, so long as an eventual exit date is set out. I am willing to accept some continuing role for the ECJ on things like citizens’ rights. However, the problem is in the withdrawal agreement, which is legally binding and cannot be changed. I am afraid that, as the hon. Member for Strangford (Jim Shannon) said, it is the backstop. It is the fact that we would be locked into a customs union without any ability to leave it unless we obtain the agreement of the European Union. That makes trade agreements essentially impossible. One of the great opportunities of leaving the European Union is the opportunity to sign trade agreements with those countries that the European Union has been trying to sign trade agreements with for decades but has still not succeeded—China, Brazil, India, the United States of America, Indonesia—the countries that will be the biggest economies in the world over the course of the next 10 or 20 years.