Oral Answers to Questions

Debate between Karin Smyth and Dominic Raab

Thursday 19th July 2018 Commons Chamber

[Karin Smyth (Bristol South) (Lab)]

19. What assessment he has made of the potential merits of negotiating an association agreement as part of the future partnership between the UK and the EU.

[The Secretary of State for Exiting the European Union (Dominic Raab)]

As we set out in the White Paper, the future UK-EU relationship is likely to consist of several separate agreements covering different elements of economic, security and cross-cutting co-operation, and those arrangements could take the form of an association agreement.

[Karin Smyth]

I thank the Secretary of State for that answer. According to the European External Action Service, an association agreement must offer “a privileged relationship” between the European Union and its partner and must create enforcement bodies that are

“competent to take decisions that bind the contracting parties”.

Will the Secretary of State confirm that that is now the Government’s aim?

[Dominic Raab]

I thank the hon. Lady for her question. An association agreement is a flexible legal form. It is a term of art in general international law, but it does require binding treaty arrangements. In relation to recourse for dispute settlement, we have set out detailed proposals in the White Paper for arbitration, and that obviously has the advantage, whether it is a three or five-person arbitration panel, of being balanced. The UK and the EU will be able to appoint arbitrators to the panel, so disputes can be resolved with good faith, trust and confidence on both sides.

Future Relationship Between the UK and the EU

Debate between Karin Smyth and Dominic Raab

Wednesday 18th July 2018 Commons Chamber

[Dominic Raab]

My hon. Friend makes the right point, and he will see extensive text in the White Paper covering precisely that point.

Our vision for a security partnership covers those vital areas and interests that we share in common. Our proposals will maintain operational capabilities that are necessary to protect our citizens, and enable rapid and secure data exchange, practical cross-border operational co-operation, and continued participation in key agencies including Eurojust and Europol, which already have partnerships with many non-EU countries. We will also pursue arrangements for co-ordination in other areas where we have mutual interests: foreign policy, defence, development issues, joint capability development and wider co-operation.

On the return of democratic control over powers and authority to the UK, the White Paper proposals end the jurisdiction of the European Court in the UK. Laws will be decided by elected Members in this House, and UK courts will no longer refer cases to the Luxembourg Court. In a limited number of areas we will choose to adopt common rules to ensure the free flow of goods, but that body of law is relatively stable and where there are any changes Parliament—this House—must approve them. When the UK and the EU need a clear and consistent interpretation of such rules, as between the UK and the EU, we can choose to make a reference to Luxembourg Court for such an interpretation, but the UK will have to agree to that first, and reference for legal interpretation is very different from giving the European Court the authority to apply the law to the facts or to decide which party to any litigation is successful in its claims. When the UK Supreme Court is no longer subordinate to the European Court, it will finally do what it says on the tin.

This is a principled and practical approach. We have shown flexibility as we strive for a good deal for both the United Kingdom and the European Union and as we demonstrate our ambition for a close partnership through the White Paper.

[Karin Smyth (Bristol South) (Lab)]

I am grateful to the Secretary of State for giving way, and I welcome him to his new position. He might be coming on to talk about Northern Ireland, but just in case he has no more to say than his brief comment, may I ask him a question? His predecessor admitted that he had not actually visited the border area, apart from on one brief occasion recently, for more than 20 years, since when times have changed massively. Will the Secretary of State give an indication today of whether he has any more plans, besides his rather vague infrastructure promises, for dealing with the question of the border between the Republic of Ireland and Northern Ireland?

[Dominic Raab]

I understand precisely the hon. Lady’s concern. This is an important and sensitive issue, and I will be engaging on the EU track in relation to it. I will also, at the right time, make sure that I am properly versed and properly briefed on the matter, and indeed that I visit the border area to take a look for myself.

It is worth emphasising two key principles that we share with our EU friends. The first is that article 50 dictates that a withdrawal agreement must come alongside a framework for the future agreement. The second, flowing from that, is that nothing is agreed until everything is agreed. The Government respect and prize both those principles, and we will not sign away our negotiating leverage or spend taxpayers’ money in return for nothing. In December, we agreed that the financial settlement would sit alongside a framework for a deep and mutually beneficial future partnership. We agreed that we would meet our commitments as they fell due, with ever-declining payments over a finite period that will add up to a tiny fraction of what our net contribution would have been as a member. If either side should fail to meet their commitments under this overarching package—we certainly do not expect that to be the case—that would have consequences for the deal as a whole that we are striving to secure.