Keir Starmer
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European Union (Withdrawal) Bill
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Keir Starmer (Holborn and St Pancras) (Lab)
I beg to move amendment (a) to Lords amendment 51.
Mr Speaker
With this it will be convenient to discuss the following:
Lords amendment 51, amendment (b) thereto, and Government motion to disagree.
Lords amendment 1, amendment (a) thereto, and Government motion to disagree and Government amendment (a) in lieu.
Lords amendment 2, amendment (a) thereto, and Government motion to disagree and Government amendment (b) in lieu.
Lords amendment 5, and Government motion to disagree.
Lords amendment 53, Government motion to disagree, and Government amendment (a) in lieu.
Lords amendment 4, and Government motion to disagree.
Lords amendment 3, motion to disagree, and amendments (c), (e) and (d) in lieu.
Lords amendment 24, Government motion to disagree, amendment (i) and Government amendment (ii) to Government amendment (a) in lieu, and Government amendments (a) and (b) in lieu.
Lords amendments 32, 6 to 9, 33 to 36, 38, 40 to 42, 159 to 161, 163, 164, 166 to 168 and 170.
Keir Starmer
I rise not only to move amendment (a) to Lords amendment 51, but to support the other Lords amendments that we are considering today. May I start by thanking the other House for its work? In particular, I wish to record our thanks to our Labour Lords team, led by Baroness Hayter and Baroness Smith, who have worked extremely hard to improve this Bill.
The amendments in this group this afternoon, as with yesterday, cover a number of crucial issues, such as enhanced protection for EU-derived rights, environmental safeguards and the charter of fundamental rights. In many respects, that should not be controversial, and I will return to those issues later on.
Let me start with Lords amendments 1 and 2. These amendments, if upheld here, would require a Minister to lay before both Houses of Parliament a statement outlining the steps taken in the article 50 negotiations to negotiate our continued participation in a customs union with the EU. I do not suppose that it is the making of a statement that the Government object to; it is the negotiation of a customs union with the EU. In fact, so determined are the Government not to accept a customs union with the EU that they have gone to extraordinary lengths to dream up alternatives.
When the so-called partnership agreement and the so-called maximum facilitation options first saw the light of day last summer, nobody really took them seriously, not even the Brexit Secretary. Within two weeks, he was describing the customs partnership as blue-sky thinking. Thus, when the Prime Minister resurrected them in her Mansion House speech earlier this year, many of us, including myself, were genuinely surprised. Since then, it has become increasingly apparent that neither option is workable, that neither is acceptable to the EU and that neither will get majority support across this House. The Foreign Secretary calls the customs partnership “crazy”. The Business Secretary says that the maximum facilitation option would cost thousands of jobs in manufacturing. It is no wonder that a Cabinet peace summit is planned for July.
The proposal in Lords amendments 1 and 2 that the Government should seek to negotiate a customs union with the EU as part of the future arrangement is a sensible one for many reasons.
Mr Simon Clarke (Middlesbrough South and East Cleveland) (Con)
Is the right hon. and learned Gentleman prepared to accept free movement as the cost of a customs union, or is he not?
Keir Starmer
I will come to that issue, but I am sure that the hon. Gentleman is aware that free movement has nothing to do with the customs union.
Mr Ben Bradshaw (Exeter) (Lab)
Given the reports that we are hearing just now that No. 10 has rejected the agreement that was made yesterday with sensible Conservative MPs on the Grieve amendment, at least the third part of it, there is no guarantee now—absolutely none—that there will be a meaningful vote. Is it not absolutely essential that a loud voice goes out from this House today to say that we want the least damaging Brexit possible—in the customs union and in a single market?
Keir Starmer
I am grateful for that intervention. I have not seen the news that is just coming through. If that is the case, it is extremely concerning. A strong message needs to go out from this House about the proper role of Parliament in the article 50 process and one that argues for the best possible outcome in terms of a close economic relationship with the EU.
Anna Soubry
I thank the right hon. and learned Gentleman for giving way. We need to be very clear about this. Something may have happened, but I heard the Prime Minister saying very clearly from the Dispatch Box that an amendment would be forthcoming, that it would largely incorporate much of the amendment that my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) tabled yesterday, that discussions and negotiations are continuing, that that amendment will be tabled in the Lords in due course and that the job will be done on a meaningful vote involved for this House.
Keir Starmer
I am grateful for that intervention. I have not seen whatever news is coming out, but having observed the proceedings yesterday and the various interventions, it seems to me that what the right hon. and learned Member for Beaconsfield (Mr Grieve) was saying was very clear for us all to hear. He spoke about the specific paragraphs that were of huge importance, and we heard about what the proposed amendment in the Lords would contain. Obviously, we will have to wait and see what the wording is, but, from my point of view, as someone who was observing it, I thought that it was pretty clear what was being said from the Front Bench about what was likely to happen in the course of next week.
Frank Field (Birkenhead) (Lab)
Will my right hon. and learned Friend give way on that very point?
Keir Starmer
I will, but I must say that I was not anticipating spending the whole afternoon on re-interpreting yesterday, but let us see how we get on.
Frank Field
Does my right hon. and learned Friend agree that, though it was fun yesterday, the truth is that, if this House wants a meaningful vote, there are ways and means by which we will have a meaningful vote irrespective of what the legislation says?
Keir Starmer
I could not help noticing yesterday that, as my hon. Friend the Member for Greenwich and Woolwich (Matthew Pennycook) was spelling that out, the Government’s position was that, should article 50 be voted down, they guarantee that they will make a statement within 28 days and that that was not particularly convincing—the Brexit Secretary himself found that to be a cause of some amusement. That is certainly not enough. What is needed is the opportunity for this House not only to vote on the article 50 deal, but to have an appropriate and proper role if the article 50 deal is voted down. I am afraid that we are rehearsing yesterday’s argument, but we on the Labour Benches voted for the amendment, which would have given not only a meaningful vote, but a proper role for Parliament afterwards to decide what happens next.
Mr Speaker
Order. The right hon. and learned Gentleman is completely innocent in this matter, but he has, almost unavoidably, been diverted from the path of virtue as a result of interventions. I simply want to remind not just him but the House that we are supposed to be focused on amendments that relate to the European economic area. What we must not do is have a replay of yesterday’s proceedings.
Mr Speaker
Well, the right hon. Member for Wantage (Mr Vaizey). Well, my cup runneth over today. I am having moral support from sedentary positions both from the right hon. Gentleman and from the right hon. Member for Broxtowe (Anna Soubry) to boot. It is clearly my lucky day.
Keir Starmer
I will press on, make my case and take some further interventions later on.
I was saying that the proposal in Lords amendments 1 and 2 that the Government should seek to negotiate a customs union with the EU as part of the future arrangements is a sensible one for many reasons. The first is the economy. Over a number of decades, our manufacturing model has adapted to the arrangements that we currently have with the EU, including the customs union. Thus, typically, we see, across the UK, thousands of manufacturing businesses that operate on the basis of a vital supply chain in goods and parts from across the EU. The car industry is an obvious example, but not the only one.
Such businesses operate on the basis of a just-in-time approach. Whereas years ago there were stockpiles of parts and so on, these days there is a just-in-time approach. Parts come in and are assembled, and the finished product then goes quickly and seamlessly across the UK and/or out to the EU. That is the manufacturing model that this country has operated for many years, and MPs across the House know that that is what goes on in their constituencies.
Emma Reynolds (Wolverhampton North East) (Lab)
The outgoing president of the CBI said today that manufacturing sectors, particularly the car industry, would be severely damaged if the UK did not stay in a customs union with the EU. Does my right hon. and learned Friend agree that those comments are very concerning?
Keir Starmer
One of the risks for Members taking interventions is that the very next point we are about to make is stolen, but my hon. Friend is absolutely right. I will just remind the House that the president of the CBI this morning said:
“If we do not have a customs union, there are sectors of manufacturing society in the UK which risk becoming extinct... Be in no doubt, that is the reality.”
This is at the heart of the debate. If we destroy the manufacturing model that I just described, we destroy a vital part of the economy and job losses will be considerable. That is why there are such high levels of concern across the business community about the Government’s current approach.
Charlie Elphicke (Dover) (Ind)
The right hon. and learned Gentleman is being very generous in taking interventions. Will he just tell the House whether he believes that Britain should remain in the EEA—yes or no?
Keir Starmer
For the benefit of the House, I am going to go through the customs union argument before moving on to discuss the EEA and the single market, and then I have other remarks to make. If the hon. Gentleman will forgive me, I will deal with his point when I deal with the EEA. I am currently dealing with the customs union.
Sir Edward Leigh (Gainsborough) (Con)
Is Labour in favour of staying in the customs union, or a customs union that approximates to a customs arrangement that would allow us to make free trade deals with states other than the EU—the customs union, or a customs arrangement?
Keir Starmer
The current customs arrangements are in the membership treaty. Therefore, if they are to be replicated and if there is to be a customs union that does the work of the current customs union, there needs to be a new treaty. That is why we are in favour of a customs union, but a customs union that does the work of the customs union that we are currently in. Although this was a point of great heat and discussion weeks and months ago, I think most people now understand that there will have to be a new agreement that replicates and does the work of the current customs union.
Several hon. Members rose—
Keir Starmer
I am going to make some progress; I have taken a lot of interventions and I will take others later.
The concern about the customs union is not confined to the business community. It inevitably extends to trade unions, on behalf of those they represent; those who depend on the manufacturing sector; and those who work in and operate our ports and places of entry and exit. I have visited Dover to look at the operation there and to talk through with management and staff the impact of any change to the current customs arrangements. I have also visited Holyhead, the second biggest port, where there are high levels of concern.
Kevin Hollinrake (Thirsk and Malton) (Con)
I know that the right hon. and learned Gentleman wants to separate out the customs union from the single market, but we cannot separate those two things if we are talking about frictionless trade and just-in-time deliveries. Checks would be required not just for customs and rules of origin, but for product regulations and conformity with standards. Further to the question from my hon. Friend the Member for Middlesbrough South and East Cleveland (Mr Clarke), is the right hon. and learned Gentleman therefore willing to accept free movement of people as the price of access to the single market?
Keir Starmer
I assure the hon. Gentleman that I will discuss the single market and the EEA, and I will deal with his question then. At the moment, I am making a case on the customs union, although I accept the proposition that the customs union on its own does not produce frictionless trade, and nor does it answer the question, “How would you prevent a hard border in Northern Ireland?” I will specifically deal with this matter later in my speech, and I will take further interventions then.
Mrs Madeleine Moon (Bridgend) (Lab)
Is my right hon. and learned Friend aware that the Dutch Government and the European Commission have begun to advise businesses not to take car parts produced in the UK for export because of concerns about rules of origin. Will today’s proposals address that?
Keir Starmer
I had heard that. It is not an isolated example; there are others. This is deeply troubling, which is why the amendments before the House today are so important.
Stephen Timms (East Ham) (Lab)
My right hon. and learned Friend has already reminded the House that the Cabinet has not made up its mind on what sort of customs arrangement it wants. Is it his understanding, as it is mine, that the maximum facilitation option would entail infrastructure on the border in Northern Ireland, so it would get us back to the hard border that everyone says we want to avoid?
Keir Starmer
The main problem with maximum facilitation is that it involves technology yet to be invented and certainly yet to be made to operate. Nobody knows quite what it is, whether it can be developed and delivered, and if so, when. On the Northern Ireland border—although I will speak about Northern Ireland later—the commitment is to no infrastructure, no checks and no controls. I will come to that point specifically when I deal with Northern Ireland.
Rushanara Ali (Bethnal Green and Bow) (Lab)
My right hon. and learned Friend will be aware that the permanent secretary of Her Majesty’s Revenue and Customs indicated that the implementation costs of maximum facilitation would be £17 billion to £20 billion a year. This information was shared across Whitehall, so Ministers are well aware that it would be damaging to our economy.
Keir Starmer
Yes, I did see that figure. It is deeply concerning that those sorts of costs are even contemplated for that option in relation to technology that has not been developed or, in many respects, even invented. That is why there is such a bitter dispute going on in the Cabinet.
Mr John Baron (Basildon and Billericay) (Con)
Will the right hon. and learned Gentleman give way?
Keir Starmer
I am going to press on, if the hon. Gentleman does not mind. I will take other interventions later.
I realise that all sorts of fanciful promises about new customs arrangements were made during the referendum and have been made since, but we have a duty to protect our economy, jobs and the manufacturing sector across the UK. That is at the heart of today’s debate. The only way to uphold that duty is to negotiate a customs union with the EU.
There is, of course, another important aspect. In December last year, our Government made a solemn promise in the phase 1 agreement: no hard border in Northern Ireland. And that was spelt out—no infrastructure, no checks and no controls. Now, in all the to-ing and fro-ing yesterday, what may have been missed is that one amendment that went through, without any dissent from the Opposition, was a Government amendment to Lords amendment 25 for that obligation to be legally binding in UK law. That is a very significant amendment; after the political commitment in December to no hard border, no infrastructure, no checks and no controls, we now have a binding law to that effect. This goes to the issue of maximum facilitation, because if maximum facilitation does involve infrastructure, checks or controls, it would be unlawful under the provision passed yesterday. Therefore, it cannot happen.
Heidi Allen (South Cambridgeshire) (Con)
The right hon. and learned Gentleman is right. We did not get to debate that amendment because we ran out of time yesterday, but it is huge. It means that, logically, we will have to come to a customs union agreement, partnership—[Interruption]—I’ll do that. I do not care what we call it, but that is what we will need to avoid any border at all in Northern Ireland. It is great progress.
Keir Starmer
It is a significant amendment, and it was also a significant amendment in the Lords. Even as amended—taking it back to being closer to the wording of the phase 1 agreement—the amendment is still a very significant measure.
Mr Dominic Grieve (Beaconsfield) (Con)
It also goes further than that, does it not? Not only will we have to stay in a form of customs arrangement amounting to a union, but we will also have to have a high level of regulatory alignment. Otherwise, the life that takes place along the border will be impossible because of different regulations on either side.
Keir Starmer
I agree, and I will develop that argument, because a customs union alone will not solve the conundrum of how to keep to the solemn commitment to having no hard border in Northern Ireland.
Mr Kenneth Clarke (Rushcliffe) (Con)
I will not repeat what my hon. Friend the Member for South Cambridgeshire (Heidi Allen) and my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) have said, because I was about to make the same point. It was the most significant thing that happened yesterday, but given the circus that surrounded everything and the timetable that stopped us debating it, nobody so far has taken any notice. However, it does bear on today’s debate, because yesterday’s legally binding commitment extends the needs of the Irish border to the whole United Kingdom. We are talking about Dover—and we settled that yesterday—and we are not having a border down the Irish sea. The United Kingdom has therefore got to negotiate an arrangement with the EU as a whole that has no new frontier barriers. Effectively, we are going to reproduce the customs union and the single market, and the Government will be unable to comply with yesterday’s legal obligation unless it does so.
Keir Starmer
I am grateful for that intervention. When the phase 1 agreement was reached in December, I thought that commitment was the most significant thing that had happened since the referendum, with regard to indicating what our future relationship with the EU would be. I think that it is clear to everyone who has considered this and visited Northern Ireland to talk it through that the only answer to having no hard border, in the end, is a customs union and high-level single market alignment, and that is why yesterday was so significant. The fact that that was accepted by the Government and turned into domestic law gives it a status that it did not have until yesterday, because previously it was a political agreement at international level. I am not suggesting for one moment that it was not solemnly entered into by the Government, or indeed that they would resile from it as a matter of international negotiation, but it will now become a matter of domestic law. It is probably the most significant thing that happened yesterday.
Mr Baron
May I just remind the right hon. and learned Gentleman that the vast majority of people, not only at the referendum but at the general election—85% of those who voted—voted to leave the customs union and the single market? It was a very clear result. Let me ask him this one straightforward question, for clarity: in their search for a customs union, are the Opposition willing to sacrifice our ability to negotiate trade deals outside the EU in order the achieve that customs union with the EU?
Keir Starmer
We all want new trade deals. At the moment we have got an excellent trade deal with the EU, and we have 37 additional agreements with 67 countries through our membership of the EU. The first thing we need to do is preserve that. Lots has been said about new trade agreements and how they will be fast and how we will get much better terms than would be offered to any other country in the world. In fact, we are told that they will be queuing up to give us preferential treatment, and quickly. I think the Brexit Secretary said that by March next year we will have had trade deals with countries in an area that is geographically 10 times larger than the EU. Well, he has only a few months left to pull that one off. The Opposition consider that if new trade deals are struck together and jointly with the EU, we have a better chance of getting quicker and better trade deals.
Karin Smyth (Bristol South) (Lab)
On Monday I was in Ireland with the British-Irish Parliamentary Assembly, and I think that what happened yesterday will be welcomed across the island. I remind the House that many things that happened in Northern Ireland over the past 40 years did not necessarily arise because of a border; they arose because of civil rights discussions across the island. The House must be mindful that, as we go forward in these discussions, we need to be careful when talking about our relationships across the island, both north and south, and within the United Kingdom.
Keir Starmer
This is a matter that I know every Member across the House is really concerned about. The commitment to having no hard border in Northern Ireland, which was set out in the Good Friday agreement, was not just a question of how technically one might get people or goods across a line in the road between the Republic and the north, and nor is it as we go forward; it is a manifestation of peace. I had the privilege of working for the Policing Board in Northern Ireland for five years, implementing some of the Good Friday agreement. Having talked to both communities consistently over those five years, I know that this is deep in the hearts of everybody there. This is more than a technical issue; it goes to the heart of what was achieved 20 years ago. We must always bear that in mind.
Owen Smith (Pontypridd) (Lab)
My right hon. and learned Friend speaks truthfully and eloquently about preserving peace in Northern Ireland, and of the centrality of the border to that. He also says that in order to achieve that we must effectively be in a single market and a customs union. Does he accept that one of the concrete ways we might deliver that is to be in the customs union and the European economic area, which is entirely possible, as Michel Barnier pointed out yesterday?
Keir Starmer
I assure my hon. Friend that I will come to the EEA later and take interventions on it, but first I want to deal with the customs union.
Lady Hermon (North Down) (Ind)
I am grateful to the right hon. and learned Gentleman for allowing me to intervene. He referred, quite rightly, to his service to the people of Northern Ireland through the Policing Board in earlier years. I am aware that he visited Northern Ireland recently and met the present chief constable of the Police Service of Northern Ireland. He will therefore be aware that the chief constable has recently withdrawn from sale three unused border police stations and asked for funding for an additional 400 police officers to deal with the border arrangements after Brexit. Can he throw some light on why on earth the chief constable would do that if we are not going to have a hard border?
Keir Starmer
I did go to Northern Ireland recently and I did have a meeting with the chief constable, who I know in any event. We spoke in confidence, and I will not break that confidence, but the facts about staff, posts and buildings, as the hon. Lady has just laid out, are right. Although having no hard border was a political commitment made in December, and it is now a legal commitment, there is a concern that that should be delivered. That is not a concern solely of the Police Service of Northern Ireland; it is a concern across the piece.
Several hon. Members rose—
Keir Starmer
I will take two more interventions, from the hon. Member for East Worthing and Shoreham (Tim Loughton) and my hon. Friend the Member for Slough (Mr Dhesi), but then I really must press on—I keep saying that, and I must do it.
Tim Loughton (East Worthing and Shoreham) (Con)
May I just bring the right hon. and learned Gentleman back to the question from my hon. Friend the Member for Basildon and Billericay (Mr Baron)? My understanding from his answer, as it tailed off, is that he is only in favour of trade deals severally and jointly with the European Union. Is he not aware that currently the EU has trade deals in operation with under 10% of the world’s economies? Is he saying that under Labour’s vision we would be unable to secure trade deals with the other 90%? Does his vision also include the fact that at the moment four fifths of the tariffs collected under the customs union are paid to Brussels? Does he want to see that sort of arrangement continue under his vision?
Keir Starmer
The EU has trade deals with 67 countries through 37 agreements. It has a further 49 agreements with developing countries. There are 200 countries in the world, 28 in the EU, and 67 are already in extra agreements with the EU, and there are 49 in the developing country agreements. That is a considerable number of countries in the world.
Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
Does my right hon. and learned Friend agree that the crux of today’s debate is whether we want a close working relationship with our neighbour and social, cultural and economic partner, the European Union? Ultimately, that is why so many of us—including the business community, trade unions and many Opposition Members —want a customs union.
Several hon. Members rose—
Keir Starmer
I just want to finish this point—[Interruption.] I do not think that anybody could accuse me of not having taken interventions. I need to move on.
Mr Speaker
Order. I am extremely grateful to the right hon. and learned Gentleman. There was a less than wholly polite chunter from a sedentary position. I warn the hon. Member for Wyre Forest (Mark Garnier) that I might need to have a word with family members of his who live in my constituency, who would expect him to behave in a seemly manner. I simply say to the shadow Brexit Secretary that I am listening to his disquisition with great interest, and will do so, but I know he will be sensitive to the fact that although we have six hours for debate, there is a very large number of Members wishing to contribute.
Keir Starmer
I am grateful for that, Mr Speaker.
To finish my point about Northern Ireland, I think that the conclusion of the vast majority of people who have considered this in great depth and with concern is that there is no way of delivering on the solemn promise that there should be no hard border in Northern Ireland unless the UK is in a customs union with the EU and there is a high level of single market alignment. The so-called backstop argument that has been going on in recent weeks is testament to that, because the Government are trying to find a post-implementation period phase when in truth we will be in a customs union and in high-level regulatory alignment with the single market. For our economy, and to enable us to keep our solemn commitments on Northern Ireland, I urge hon. and right hon. Members to vote to uphold Lords amendments 1 and 2.
I now turn to the EEA and amendment (a) to Lords amendment 51, which is in my name and those of other shadow Front Benchers. I understand why their lordships have become so concerned about the state of negotiations that they want an amendment to cover the single market. The Prime Minister’s red lines of October 2016 were a profound mistake. If we are to keep to our duty of protecting our economy, including the manufacturing sector and the services sector, and our solemn promise in relation to Northern Ireland, we need a customs union with the EU, and we also need a strong single market deal based on shared regulations and institutions.
Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)
Can my right hon. and learned Friend explain the tangible difference between us being in a customs union with full access to the single market and our being members of the EU, other than the fact that we will not be electing Members of the European Parliament?
Keir Starmer
Obviously, politically, we will not be in any of the institutions, and we will not be a member of the EU. We are dealing with the question of whether we should have a close economic relationship with the EU, which everybody recognises is a critical issue, and working through the best configuration for that. I do not think that the mere fact that there has been a vote to leave the EU can be interpreted as the wish of anybody who voted to make our economic relationship with the EU any worse. I do not think that anybody was voting to harm the ability of businesses in this country to do business.
Several hon. Members rose—
Keir Starmer
I am going to press on and then I will give way again.
The EEA has a number of real benefits with regard to shared regulations and shared institutions, but it also presents real challenges. I have taken this option very seriously. I went to Norway to discuss it with that country’s political leaders, trade unions and businesses, and I also visited an EEA border—the Norway-Sweden border—to see what it was like.
The EEA undoubtedly works well for Norway, Iceland and Liechtenstein, but their economies are very different from ours, as is their size—Norway has 5 million people, Iceland has 300,000 and Liechtenstein has 37,000. Those countries chose not to be in a customs union with the EU. The European Free Trade Association is, after all, a free trade association, and those countries have struck trade deals in their own right as a group. I am sure that those trade deals work well for them, but I think that the 37 trade deals that the EU has struck work better for the UK than the EFTA trade deals would.
Mark Garnier (Wyre Forest) (Con)
Will the right hon. and learned Gentleman give way?
Keir Starmer
I will just complete this point.
The EEA excludes agriculture and fisheries, which presents a problem in relation to the solemn commitment to no hard border in Northern Ireland. When I went to the border between Sweden and Norway, there was infrastructure, checks and controls—not for people, but for goods. The EEA also provides very little flexibility on the four freedoms, including freedom of movement and the way in which single market rules are implemented. Some say that those challenges can be overcome. I will continue to listen to those arguments, because there is no doubt that, in addition to a customs union with the EU, we need a strong single market deal, but I do not think we can ignore those challenges.
Angela Smith (Penistone and Stocksbridge) (Lab)
Despite their small populations, Iceland and Norway represent the two biggest catch sectors in Europe’s fishing industry. If the exclusion of the common fisheries policy is so bad in terms of UK membership, how on earth is it that Iceland and Norway, which depend heavily on fishing, are still in the EEA and benefit from it?
Keir Starmer
I am obviously not making my point in the right way. If the question we are trying to answer is how we ensure there is no hard border in Northern Ireland, it is very difficult to see how we can answer that by adopting the EEA model as it is, because agriculture is outside of the agreement that Norway, Iceland and Liechtenstein have struck. That is the point I was trying to make.
Mr Jonathan Djanogly (Huntingdon) (Con)
It seems to me that the right hon. and learned Gentleman is, in effect, making the same argument on this issue as the Government, which is that we want to negotiate a free trade deal without the bureaucracy or the regulations—in other words, to have the best of the EU and the single market but without the downside. That is a very valid position to take, but can he confirm that he is in concurrence with the Government’s position on that?
Keir Starmer
No, our position is not the same as the Government’s at all. I recognise that we need a strong single market model. All I am saying is that I think there are challenges in the EEA model, which is not the only model, and that we would be better off with a model that does not tie us to a particular deal that another country has done. However, and this is why our amendment is important, that model should ensure full access to the single market and no new impediments to trade, with common rights, standards and protections as a minimum, underpinned by shared institutions and regulations. That is a long way from the Government’s position because they are not prepared to sign up to those commitments. The frustration in the negotiations is that nobody yet knows, because the Cabinet is still divided, whether the Government really want to negotiate something that is close economically to the EU, which will require shared regulations and institutions, or if they want to negotiate something else altogether.
Frank Field
I hope that all of us who support Brexit wish the UK to have access to the single market on the terms we have now, with the conditions about regulation that will follow from that. A key part of the campaign was that we should have control of our borders and not be subjected to foreign courts. Does my right hon. and learned Friend accept that we might have to pay for the privilege of gaining free access to the single market but controlling our borders?
Keir Starmer
I accept that freedom of access was bound up with the referendum, and that is why every time I have stood at this Dispatch Box, I have said that we accept that freedom of movement will end when we leave the EU. The question is: what comes next, what does it look like and how do we negotiate it with the EU? That does not make things easy, but I think the Government’s approach, which was to abandon any argument for the customs union or the single market at the outset for fear of having that discussion with the EU, was wrong in principle.
Caroline Flint (Don Valley) (Lab)
I absolutely agree with my right hon. and learned Friend that, when we leave the European Union, freedom of movement should end, and this is about what comes next. Does he agree that the EEA Norway-Liechtenstein-Iceland model does not allow us to have control over how freedom of movement will change and ties us in to “no say”? Norway, Liechtenstein and Iceland have signed up to having no say over freedom of movement.
Keir Starmer
I have looked very carefully at the provisions in the EEA agreement, and there has been a lot of discussion about articles 112 and 113 in particular. I have to say that my reading of those articles is that they are what are called “in extremis” provisions, which actually do allow some flexibility on all obligations under the EEA agreement, but only in extreme circumstances and for a short period. The argument that others have put to me is that there is a different interpretation, but we are still discussing that matter.
Wayne David
Does my right hon. and learned Friend agree that the EEA would become a viable option only if Britain were able to negotiate fundamental changes to the EEA agreement, which would be a huge challenge for the United Kingdom?
Keir Starmer
In fairness to those who advocate joining the EEA, there is a recognition that the EEA agreement, unamended, would not be the right deal for the UK, but the argument is that it could be amended.
Several hon. Members rose—
Keir Starmer
I am going to press on because I have used up far too much time.
Our amendment (a) puts forward a strong single market proposition—[Interruption.]
Mr Speaker
Order. I say very courteously to the hon. Member for Chelmsford (Vicky Ford) that we cannot have an intervention by what I would call “proffered chunter” from a sedentary position. If the right hon. and learned Member who has the Floor wishes to give way, it is open to him to do so. [Interruption.] Order. The blame game taking place between the right hon. Member for Wantage (Mr Vaizey) and the hon. Member for Wyre Forest (Mark Garnier) about who else chuntered, with each pointing at the other, is not altogether seemly.
Keir Starmer
I am going to press on because I have taken lots of interventions and engaged with them. I have been on my feet for nearly 45 minutes, which is not fair to colleagues on both sides of the House who want to speak.
Our amendment is a strong single market proposition. It sets out the kind of new relationship we want to achieve with the EU—a close economic relationship, with full access, while ensuring there is no lowering of common standards and protection, and recognising that shared institutions are required to achieve that. It is a million miles away from the Government’s position on the single market. It does not set a narrow route; it sets the parameters of the new single market relationship we want to achieve, and it leaves options open to achieve that. I urge all Members on both sides of the House to support it.
Let me turn to the question of human rights and other protections. Lords amendment 4 sets out enhanced protections for employment, equality, health and safety, consumer standards, and environmental rights and standards. The argument is very simple; it was very simple at the start and it is very simple now. At the moment, these rights have enhanced status because we are members of the EU. They are being converted into our law—the Government said they would convert them and they are converting them; I will come on to the charter of fundamental rights in a minute—but not with any enhanced protection. All the amendment says is that if those rights and protections are to be changed, that should be done by primary legislation.
The amendment is not contentious, and it does not even say that the Government cannot change those rights. It just says that if they believe in these rights and think they should have enhanced protection, they should for heavens’ sake put them into a form that means that if they want to change them, they have to use primary legislation to do so. The only reason I can think of for resisting that is that somebody thinks it might be a good idea to chip away at these rights without doing so through primary legislation.
Keir Starmer
The Solicitor General shakes his head. If that is not the case, he should accept Lords amendment 4 and get on with it. This is the same argument we have been making since the Bill started its life back in September 2017.
There is good reason to be concerned. I know these are old examples, but they are real ones. The Foreign Secretary has complained of “back-breaking” EU workers’ rights, and the Secretary of State for Environment, Food and Rural Affairs has claimed that the Government should
“have the potential to...if necessary rescind”
employment protections after Brexit. Such examples give Opposition Members, trade unions and working people across the country huge cause for concern that, in the absence of enhanced protection, these rights will be vulnerable.
Mr Grieve
The right hon. and learned Gentleman is making a very powerful case. I can tell him that Government Members should also be concerned about this matter. I am sure he agrees that it is perfectly possible to carry out Brexit—without incorporating the charter of fundamental rights, which I know is a subject of difficulty—while at the same time securing these rights through this perfectly sensible amendment.
Keir Starmer
I am grateful for that intervention. I would have thought that this is not controversial. The Prime Minister said that she did not want to reduce these rights, and we take her at her word, but if the Government convert them into a form in which they lose their protection, they make them vulnerable. I would have thought that any Government who want to change these rights would have the decency to do that through primary legislation so that this House can carry out the proper scrutiny process. It is very straightforward.
I now turn the charter of fundamental rights. Through the Bill, thousands of EU provisions are being converted into our law—only one is not being converted. All the others can be converted, changed, modified or brought into our law in some shape or form, but the charter apparently cannot be converted, and that is wrong in principle.
Mary Creagh (Wakefield) (Lab)
I am very interested in my right hon. and learned Friend’s point, particularly in relation to the charter of fundamental rights. Does he agree that amendment (c) in lieu of Lords amendment 3 —it talks about environmental principles, and potentially rights, being put into primary legislation—may leave us in the anomalous position of having more environmental rights after Brexit than social and civic rights? Is that not a disgrace?
Keir Starmer
I am grateful to my hon. Friend for that intervention. She makes the case very well and powerfully. As far as the charter is concerned—
Keir Starmer
I will make this point about the charter and then I will give way.
The charter has enabled the evolution of important rights, adding significantly to the fields of equality and non-discrimination, especially lesbian, gay, bisexual and transgender rights, and the rights of children, workers and the elderly. As Liberty, Amnesty International and the Equality and Human Rights Commission have argued, excluding the charter from the Bill
“will lead to a significant weakening of the current system of human rights protection in the UK”.
Human rights develop over time. This country and the House have played long and distinguished roles in that development. Brexit should not be used to end that tradition or to reduce our human rights protection in the UK. We therefore call on right hon. and hon. Members across the House to vote for Lords amendments 4 and 11.
I shall now come on, briefly, to the environmental provisions. Lords amendment 3 seeks to maintain environmental principles and standards as we leave the EU. The amendment has our full support. The EU’s environmental principles are hard-wired into the treaties, and they underpin all its environmental policies and laws, which are then enforced by EU institutions and agencies. These environmental principles and the enforcement mechanisms that uphold them must be retained and replaced if Brexit is not to weaken protection for our natural environment.
I know that amendment (c) in lieu, tabled by the right hon. Member for West Dorset (Sir Oliver Letwin), is designed to address some of those concerns. If it is supported by the Government—I assume it will be—it will introduce some helpful developments in the Government’s policy, including proposals to enable the watchdog to initiate legal proceedings. However, it does not go far enough, so we urge Members to support Lords amendment 3.
Mary Creagh
Does my right hon. and learned Friend agree with me that the amendment, as it stands, asks the Government not to act in accordance with the duty on them, but only to have regard to it, which is a much less stringent legal test? Does he also agree that while it creates the ability to initiate legal action, it does not provide a legal remedy or access to justice for UK citizens?
Keir Starmer
I agree with my hon. Friend, which is why I am saying it is a step in the right direction, but it is not enough on its own and more is needed.
I turn finally to the question of refugee family reunion. I am pleased that Lords amendment 24 is before us, and I pay tribute to Lord Dubs for his tireless campaign on this issue. Labour supports Lords amendment 24, which is long overdue. We recognise that some concern has been raised about the scope of family reunion that qualifies under the Government’s clause, and I would welcome any clarification from the Minister on that issue. However, in general, Labour will support the amendment.
In conclusion, the Lords amendments address crucial issues. Along with Labour’s single market amendment, they would be a huge step forward in improving the Bill and protecting jobs and rights. I hope that right hon. and hon. Members will support them today.
The Solicitor General
It is a pleasure to rise in this debate to set out the Government’s stance on these important amendments. The right hon. and learned Member for Holborn and St Pancras (Keir Starmer) was properly concerned about the effluxion of time. I share that concern; there is a lot to go over, and I will do my very best to cover all the amendments before us and, of course, to take interventions, as I always strive to do.
May I first echo the opening remarks made yesterday by my right hon. Friend the Secretary of State, who talked about the important role of the other place as a revising Chamber? There is no doubt that in some instances the other place has made some constructive improvements to the Bill, which the Government have every reason to support. However, on other matters, which were debated at length and agreed to by this elected House, the other place chose to ignore decisions that were taken here. Instead, we have a set of amendments that, I am afraid, are not properly thought through and would have a negative impact on our plan for a smooth and orderly exit.
We heard from the right hon. and learned Member for Holborn and St Pancras that the Opposition do not accept Lords amendment 51, which seeks to make continued participation in the EEA a negotiating objective for the Government. Well, we are sure about his position, but we are not so sure about that of certain other Opposition Members. However, on this issue, we are certainly in broad agreement.
This country is party to the EEA agreement by virtue of its membership of the EU. After the implementation period ends, that agreement will no longer apply to the UK. Seeking to participate in the EEA agreement beyond that period does not pass our test—that our future partnership with the EU must respect the referendum result. It does not deliver the control over our laws, and indeed other aspects of our domestic policy, that we seek. On borders, it would mean that we would have to continue to accept all four freedoms of the single market, including the free movement of people.