UK’s Withdrawal from the EU

Lady Hermon Excerpts

Thursday 14th February 2019 Commons Chamber

[Stephen Barclay]

I respect my hon. Friend’s point, but what I hear from many, particularly in the business community, is that they do not want more uncertainty. They want to see this move forward, and they want to see a deal secured.

In terms of the next steps, my right hon. Friend the Prime Minister will meet President Juncker next week, and today she is holding conversations with other European leaders. In parallel, my right hon. and learned Friend the Attorney General is pursuing other avenues for a possible legal challenge to the agreement. My right hon. Friend the Prime Minister has made the wider Government position clear to many in the EU, as I have to the leader of the European People’s party, the European Parliament’s Brexit co-ordinator and the EU’s chief negotiator. In addition, my right hon. Friend the Chancellor of the Duchy of Lancaster and I have met a wide range of key European stakeholders.

While the EU’s public statements have said that there will be no reopening of the withdrawal agreement, it has also said, as I pointed out to the right hon. Member for Belfast North, that it wants to avoid no deal and wants to reach an agreement that will be supported by this House. Members will have seen the comments from leading European figures such as the German Chancellor, who spoke of her desire for a “constructive solution”. The House needs to give the Prime Minister time to explore that.

[Lady Hermon (North Down) (Ind)]

I am grateful to the Secretary of State for giving way, although he may not be so grateful for this intervention. Will he confirm that the British Government have absolutely no intention of replacing the backstop, which is essential for maintaining peace on the island of Ireland—a hard-won peace that we value in Northern Ireland?

[Stephen Barclay]

I looked with interest at the hon. Lady’s reference in the Brexit Select Committee to the Belfast/Good Friday agreement, and in particular her point about mutual consent and bringing the community with her. That point is particularly well made, and it is at the forefront of the discussions that the Prime Minister is having with the Taoiseach and European leaders in the context of the backstop.

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[Keir Starmer]

The position of the Labour party is that we have concerns about the backstop. [Interruption.] This is a very serious point and I intend to answer it. I have not yet met anybody who does not have concerns about the backstop, both here and in Brussels, but we also recognise that, at this stage, with the article 50 window all but closed, we need a backstop, and it is inevitable that we need a backstop. That is our position.

[Lady Hermon]

I thank the shadow Brexit Secretary for allowing me to intervene on that very important point. He is very knowledgeable about Northern Ireland and is a great friend to Northern Ireland. He will recognise the importance of the backstop to the people of Northern Ireland and indeed across the United Kingdom. There seems to be some confusion about what the leader of the Labour party says about the backstop and what he, the shadow Brexit Secretary, says. I think the people of Northern Ireland—indeed, this House—are entitled to clarification from the right hon. and learned Gentleman about what exactly the position of the Labour party is on the backstop.

[Keir Starmer]

I am grateful for that intervention. As the hon. Lady knows, I worked in Northern Ireland for five years with the Northern Ireland Policing Board. I know how deeply this is felt in Northern Ireland across all communities. I was there for two days last week. I made the point there that, although we have concerns about the backstop, we do accept that there must be a backstop, it is inevitable and that, therefore, notwithstanding those concerns, we support a backstop. That is very important.

European Union (Withdrawal) Act

Lady Hermon Excerpts

Wednesday 9th January 2019 Commons Chamber

[Stephen Barclay]

The hon. Gentleman will know that the political declaration reflected the Prime Minister’s negotiation success—this point has been raised by a number of my hon. Friends—in terms of using technology to mitigate the issue of a hard border. In the interim, the issue is whether we can do that to the timescale required to avoid a backstop. The political declaration allows us to explore that, but this is about having insurance to protect the very peace that so many on the Opposition Benches worked for and quite rightly should take pride in.

[Lady Hermon (North Down) (Ind)]

I strongly support the Prime Minister’s Brexit deal, which also has considerable support in Northern Ireland among businesses, farmers’ organisations, community leaders and fishermen. I want the Secretary of State to take a few moments to explain to this House the very serious consequences that Northern Ireland could face in the event of the UK coming out of the EU on 29 March this year—it is a very short time away—without a deal. Sinn Féin’s seven MPs, who do not take their seats in this House, are sitting back thinking that all their Christmases have come at once. Will the Secretary of State confirm that they will use a hard border to agitate for a border poll, which could undermine the constitutional status of Northern Ireland? I think that is the issue he may have raised in Cabinet this morning. Will he elaborate on that?

[Stephen Barclay]

I am very grateful to the hon. Lady, first for her support for the Prime Minister’s deal, and secondly for the way in which she engages with such seriousness with issues of substance in Northern Ireland. I am conscious that there are genuine concerns among other Members in Northern Ireland, and we are seeking to address that. She is right to draw the House’s attention to the level of uncertainty that would flow from there not being a deal in place. The Prime Minister’s deal allows us to guarantee the hard-won progress of the peace process and, as the hon. Lady rightly says, many businesses and farming groups in Northern Ireland are very supportive of the deal.

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[Keir Starmer (Holborn and St Pancras) (Lab)]

It is a pleasure finally to be able to resume this debate.

Thirty days ago, on 10 December, the Prime Minister told the House that the meaningful vote would be deferred. She did, of course, do so without consulting the House on the issue. The ground that she laid out on 10 December was that if the Government

“went ahead and held the vote”,

which was due to take place the next day,

“the deal would be rejected by a significant margin.” —[Official Report, 10 December 2018; Vol. 651, c. 23.]

That was her judgment call. She said that she would do everything possible “to secure further assurances”, particularly over the issue of the Northern Ireland backstop.

The Leader of the House went further, saying:

“going back to the EU and seeking reassurances, in the form of legally binding reassurances”

was

“absolutely doing the right thing”.

The implication was that this was a pause to allow further assurances—legally binding reassurances, according to the Leader of the House. The International Trade Secretary, with his usual foresight, said:

“It is very difficult to support the deal if we don’t get changes to the backstop.

I am not even sure the Cabinet will agree for it to be put to the House of Commons.”

That was his assessment.

Those were senior members of the Cabinet, indicating to Parliament and to the country that the deal, the proposition before the House, needed to be changed if it were to be voted on and not defeated by a substantial majority. They were, of course, challenged. They were challenged on the basis that this was just a way of delaying and avoiding a humiliating defeat, and they were running down the clock. Now, 30 days on, those rebuttals ring hollow.

The Prime Minister is often mocked for saying that nothing has changed, but this time nothing has changed. The proposition before the House today is the same proposition as the one that the Prime Minister put before the House on 5 December, when she opened the initial debate. I have my own copies of these two documents, but the two copies that I have here were laid on the Table at the beginning of the debate. They are the proposition that is before the House, and, as everyone in the House knows, they are precisely the same two documents that were put before the House on 5 December. When we go through the Lobby next Tuesday, we will be voting for or against these two unchanged documents.

[Lady Hermon]

Given that the right hon. and learned Gentleman has just picked up the withdrawal deal, I am sure that, being the learned gentleman he is, he has read, on page 307, the guarantee and the protection for the Good Friday agreement—the Belfast agreement—and the consent principle. Twenty years ago, his party, the Labour party, was the architect—thank the Lord—of that agreement, which put an end to the appalling violence of more than 30 years in Northern Ireland, when 302 police officers lost their lives and thousands of innocent people lost theirs in the terrorist campaign. Will the right hon. and learned Gentleman explain to the House, and to the Irish diaspora in Labour constituencies, how it is that the Labour party is voting down a deal that guarantees the agreement?

European Union (Withdrawal) Bill

Lady Hermon Excerpts

Ping Pong: House of Commons
Wednesday 20th June 2018 Commons Chamber

[Mr Davis]

The right hon. Gentleman has prefaced perfectly the rest of my speech, because that is precisely what I shall spend the next 10 minutes explaining to him.

I think that the additional provisions speak for themselves. Our proposed amendment creates a formal structure, set out in law, for Parliament to express its views in all the various scenarios that might come to pass in our exit from the European Union, but it also passes the three tests that were set out by me and by the Prime Minister.

I am glad to see that the amendment sent back to us by the other place accepts the vast majority of these provisions. The core of the disagreement now focuses on the exact nature of the motion offered to the House if any of the unfortunate circumstances that I have previously mentioned come to pass. Our amendment offers those motions in neutral terms. Questions have focused, understandably, on whether that means that they would not be amendable. Members will, of course, be aware that it is not within the competence of Governments to judge whether amendments can be tabled to motions, but for the sake of clarity, let me quote from Standing Order No. 24B:

“Where, in the opinion of the Speaker or the Chair, a motion, That this House… has considered the matter, is expressed in neutral terms, no amendments to it may be tabled.”

I have written to the Chairman of the Procedure Committee setting out how the Government understand that this process will operate in practice and have laid a copy of that letter in the Libraries of both Houses.

[Lady Hermon (North Down) (Ind)]

I am enormously grateful to the Secretary of State for allowing me to intervene so early in his important speech.

I am most unhappy about the repetition by the Prime Minister, and by others in the Government, of the mantra “no deal is better than a bad deal”. I should like the Secretary of State to give a guarantee to the people of Northern Ireland that the Government whom he represents here today will not be gambling with the constitutional status of Northern Ireland as an integral part of the United Kingdom. No deal would lead to a hard border, which would inevitably be exploited by Sinn Féin and by new IRA dissenters. I need that guarantee.

[Mr Davis]

The hon. Lady can be sure that we will not be gambling with the status of the border. I shall come back to the issue of no deal in a moment, because it is central to much of the issue of the amendability of motions.

European Union (Withdrawal) Bill

Lady Hermon Excerpts

Tuesday 12th June 2018 Commons Chamber

[Mr Lidington]

I can confirm that the right hon. Gentleman’s interpretation of the Government amendment in lieu is exactly as he has described.

[Lady Hermon (North Down) (Ind)]

The Minister will be well aware that there is considerable concern in Northern Ireland that we should have no hard border. The Government have repeatedly confirmed their commitment to that, and I do not doubt the Minister’s bona fides, but that commitment appears to be contradicted on the ground by decisions of the Chief Constable of the Police Service of Northern Ireland, who has in recent weeks asked for funding for up to 400 additional police officers for operational duties along the border post Brexit and, significantly, is retaining three disused border police stations. What does the Minister think he is doing? Is he preparing for a hard border?

[Mr Lidington]

As the hon. Lady knows, Ministers in the United Kingdom Government have no power to direct or even give guidance to the Chief Constable of the Police Service of Northern Ireland or the Northern Ireland Policing Board. The Government could not have been clearer about our commitment to ensuring no hard border between Northern Ireland and the Republic of Ireland. That was a key element of the joint report agreed last December, and it is a commitment that the Prime Minister described in her Mansion House speech as a fundamental underlying principle of our approach to our negotiations with the European Union.

We said in the House of Lords that we agreed with the spirit and intent of Lord Patten’s amendment, but that it was not drafted in a legally appropriate way. We therefore tabled a number of amendments to try to tidy it up and ensure that it was in a fit form, which I hope will command consensus in the House. It reflects the reality that the withdrawal agreement—

Government’s EU Exit Analysis

Lady Hermon Excerpts

Wednesday 31st January 2018 Commons Chamber

[Lady Hermon (North Down) (Ind)]

Since the Conservative party governs with the support of the 10 Democratic Unionist party Members—of whom I am not one—I am very curious to know whether any Member of the DUP will have advance notice of this economic analysis ahead of the Select Committee or, indeed, in addition to the Select Committee.

[Mr Walker]

The simple answer is no. We would make this information available to the whole House on the same basis, while responding to the points on confidentiality that are covered in the Opposition motion.

Leaving the EU: Economic Analysis

Lady Hermon Excerpts

Tuesday 30th January 2018 Commons Chamber

[Mr Baker]

That is a very good point, but I am not sure we will make it Government policy to do it.

[Lady Hermon (North Down) (Ind)]

The Minister will be well aware that Sinn Féin has already used the Brexit decision to agitate for a border poll. I say to the British Government that they need to be very careful to ensure that Sinn Féin does not use any more negative impact assessments to feed its narrative. In those circumstances, what guarantees can he offer the people of Northern Ireland that the economy will not suffer as a result of Brexit? We must make sure not to feed Sinn Féin’s narrative.

[Mr Baker]

The hon. Lady makes a sobering and important point, which the Government have heard. I say to her that in all scenarios in this economic analysis, there is economic growth—the question is only: how fast? It is this Government’s task to ensure we achieve the fastest GDP growth and indeed the fastest GDP growth per head, which is why we have brought forward a comprehensive programme on productivity. Of course we are most concerned to ensure the prosperity of the people, not only of Northern Ireland, but of the whole of the island of Ireland and right across Europe. That is why it is in our mutual interest to agree a comprehensive and deep free trade agreement.

European Union (Withdrawal) Bill

Lady Hermon Excerpts

3rd reading: House of Commons & Report stage: Second Day: House of Commons
Wednesday 17th January 2018 Commons Chamber

[Mr Leslie]

That is absolutely right, and the right hon. and learned Gentleman neatly and helpfully moves me on to my new clause 3, which deals with the question of the Irish hard border. I think that many people read the phase 1 agreement in an optimistic light. In many ways, those words were all things to all people. The can was kicked down the road, but there will have to be a translation into some sort of legal text by the time we get to the withdrawal agreement. Heaven help us when the two sides to the negotiations have to start talking in specific terms.

The Prime Minister had a slightly different view from the Republic of Ireland of what the phase 1 agreement meant. She reported back to the House that it was simply to be restricted to the issues listed in the Belfast agreement, which does not, of course, include trade in goods, to mention just one small policy area. There are massive questions about the border between Northern Ireland and the Republic of Ireland. People in that area share reciprocal healthcare, as well as environmental factors such as rivers, streams and lakes. They have a shared energy market and shared fisheries, food and plant arrangements. All those are shared because of the very geography of what are two distinct countries, so trying to fudge the issue just will not work, particularly if the UK is a third party.

[Lady Hermon (North Down) (Ind)]

Is not it essential that at some stage in these Brexit negotiations the Government legislate to protect the fundamental principles of the Good Friday agreement—the Belfast agreement? Those principles include freedom from discrimination, equality under the law and parity of esteem. They are fundamental principles—I could go on listing them, but I will not—so is it not essential that the Government protect them?

[Mr Leslie]

I believe that that is essential. I completely agree with the hon. Lady, which was why I took the exact words from the phase 1 agreement to create the text of new clause 3. If the Government really mean to commit to there being no hard border, they should enshrine that commitment in the Bill. That is the test for the Government—it is what they have to prove if they really believe that this was not just some mealy mouthed commitment to get them through a particular difficulty in the short term.

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[Mr Baker]

I very much hope that the committee will be able to understand things through our meeting the requirements for explanatory memorandums that we have set out in the Bill, but I would of course expect Ministers to be helpful to the committee. We need to get statutory instruments through smoothly, and we would want to support the committee in reaching its decisions.

I will now jump ahead in my remarks to deal with new clause 3 and the Belfast agreement. New clause 3, which was tabled by the hon. Member for Nottingham East (Mr Leslie), is important, and I reiterate that the Government remain steadfast in their commitments to the Belfast agreement and its associated obligations under international law.

[Lady Hermon]

Will the Minister give way?

[Mr Baker]

Will the hon. Lady allow me to make my points? I think I am going to be able to satisfy her, but I will gladly give way after I have reached the particular point in which I think she will be interested.

The agreement between the UK and the EU, as set out in the joint report, must be negotiated and taken forward through the article 50 negotiations, not in this Bill. The EU set out before Christmas that negotiators now need to work on translating the commitments in the joint report into the withdrawal agreement or the framework for the future relationship. That is the task we will be engaged in over the coming months, so it would be wrong to cut across the negotiations by separately seeking to codify commitments into this Bill.

We have already committed to protecting the Belfast agreement in full through the withdrawal negotiations. The joint report sets out the Government’s and the EU’s commitment to respect the provisions in the Belfast agreement and the principle of consent. More broadly, we have said that we will introduce the withdrawal agreement and implementation Bill to implement what we agree with the EU as a whole. The joint report is also clear on the Government’s commitment to protecting north-south co-operation and to our guarantee of avoiding a hard border. We have been clear that we will protect the UK internal market in all circumstances and ensure the same unfettered access for Northern Ireland’s business to the entire United Kingdom internal market.

The detail of the withdrawal agreement and implementation Bill will and must reflect the terms of the withdrawal agreement, so I reassure the House that we will include an appropriate provision in the withdrawal agreement and implementation Bill upholding the agreement we reach, including the protection of the Belfast agreement, to which we committed in the joint report.

[Lady Hermon]

I am grateful to the Minister for giving way. I am delighted that he has confirmed that there will be no hard border and no border down the Irish sea. What I am concerned about are the pledges about the Belfast agreement. My focus has always been on the incorporation of the fundamental principles of the Belfast agreement. When I spoke to my new clause on the fifth day in Committee, I withdrew it on the understanding that the principles of non-discrimination, equality and respect before the law would be incorporated by the Government in forthcoming legislation. Will the Minister confirm that commitment?

[Mr Baker]

I remember our previous conversation about the general principles, which have been widely discussed during the passage of this Bill. As I said, we are fully committed to the Belfast agreement, and the appropriate commitments will be put into the withdrawal agreement and implementation Bill when it comes forward, so I hope the hon. Lady will allow me to move on at this point. Occasionally, a speech is made in this House that will never be forgotten, and one such speech was hers in Committee. I well remember the need as a young Royal Air Force officer to check under my car every time before getting in. Although I did not share in the troubles as she did, the echoes were felt where I trained in the Royal Air Force, so I assure her that I want to ensure that, by the end of the process, she is satisfied that we have upheld the Belfast agreement. [Interruption.] Did I hear a colleague ask to intervene? No.

European Union (Withdrawal) Bill

Lady Hermon Excerpts

Committee: 8th sitting: House of Commons
Wednesday 20th December 2017 Commons Chamber

[Lady Hermon (North Down) (Ind)]

rose—

[Mr Duncan Smith]

rose—

[Mr Grieve]

I think that I am about to take up much more time than I wanted to. I give way to the hon. Member for North Down (Lady Hermon).

[Lady Hermon]

I am extremely grateful to the right hon. and learned Gentleman for allowing me to intervene. I agree entirely with his eloquent points about the power that schedule 5 transfers to Ministers of the Crown. Will he spend a moment reflecting on the definition of a Minister of the Crown that is set out in clause 14? The definition comprises not just Ministers, but

“also includes the Commissioners for Her Majesty’s Revenue and Customs”.

The power in schedule 5 is being given to a very broad range of individuals.

[Mr Grieve]

The hon. Lady is right. [Interruption.] Next to me, from a sedentary position, my hon. Friend the Member for Harwich and North Essex is saying, “It’ll only be used for technical matters.” Indeed—let us be clear about this—I strongly suspect that that is the intention, but this is a very extensive power and, as it is worded, it goes way beyond technical amendments. As we are in Committee, it seems perfectly proper for me, as a Back-Bench Member of Parliament—it does not matter which side of the Chamber I am sitting on—to ask my hon. Friends on the Treasury Bench to explain to the Committee how the power will be used. I gently say to my hon. Friends that the problem with this debate is that the heat that starts to come off very quickly goes into issues of principle about what has been going on over the past 50 years. Could we just gently come back to focus on the issue at hand?

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[The Solicitor General]

As I have said, this is a power of publication. It is important not only that we formally delete it, as my right hon. and learned Friend says, but that we provide that it does not end up in the wrong place and thereby mislead the reader or those who want to find an authoritative source for retained EU law. Another example would be EU regulations that have entered into force but are only partially applicable here immediately before exit day. One example is regulation 2016/2031 on protective measures against pests of plants, which has entered into force. One provision applies now, but the rest will apply in the EU only after exit day. To answer him directly, that is why the power exists.

I shall move on to paragraphs 3 and 4. Paragraph 3, as the keenest Members will have observed, is based on section 3(1) of the 1972 Act, which provides that

“any question as to the meaning or effect of any of the Treaties, or as to the validity, meaning or effect of any EU instrument, shall be treated as a question of law”,

and, of course, when something is a question of law, a court can determine the meaning of that law for its own purposes. Foreign law is normally a question of fact to be pleaded and then proved, often by recourse to expert evidence. Quite rightly, however, we want to allow a question of EU law to continue to be treated as a question of law after exit day, for certain purposes, such as when it is necessary to decide the question of EU law for the purposes of interpreting retained EU law in legal proceedings here.

[Lady Hermon]

Will the Solicitor General take a moment to explain the status of the long preambles to EU regulations and directives? We are taking all this back, so what is their status to be? How will the courts interpret the preambles to regulations and directives that become part of retained EU law?

[The Solicitor General]

Like any other part of a document, it will, of course, have effect. A preamble is an important statement. It is different from, say, an explanatory note or accompanying document—it is part of the measure and therefore will have force. We are seeking to download that documentation and make it part of our domestic law so that when we read it across, people will know that it is part of our domestic law, albeit in that category of retained EU law.

[Lady Hermon]

The hon. and learned Gentleman, like everyone in the House, will be well aware that our legislation does not have long preambles. I think that the judges need further guidance. He has indicated from the Dispatch Box that the preambles will have force. What weight should the judiciary across the UK give to those preambles, as they are not accustomed to them in British legislation? What does “force” actually mean?

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[The Solicitor General]

I think that there are many consequences on which the hon. Gentleman and I could dwell on another occasion. The fact is, however, that it is my task to try to ensure, as one of the Law Officers, that the principles of the rule of law to which my right hon. and learned Friend the Member for Beaconsfield referred in his speech—accessibility, clarity and certainty—are adhered to. We will deal with the issues so that we uphold those important principles, which were set out by the late Lord Bingham.

[Lady Hermon]

I am grateful to the Solicitor General for his generosity in giving way again. As he knows, we do not currently have a functioning Assembly in Northern Ireland, so we do not have Ministers who can abide by his direction about explanatory memorandums that will be issued when EU regulations and directives are brought back, in this context to Northern Ireland. Will he confirm that the Departments in Northern Ireland will have an obligation—a duty—to provide explanatory memorandums in that connection?

[The Solicitor General]

I think it must follow that when there is no Executive functioning in Northern Ireland and the Northern Ireland Office is carrying out functions as a substitute for the Executive, the duty will apply to that Department. I assure the hon. Lady that when we introduce statutory instruments, there will be explanatory memorandums from one source or another. Various Departments will have different responsibilities for the drafting and publication of the statutory instruments, and it will be their duty to produce the explanatory memorandums for Members to consider. I cannot envisage an exception being made. Northern Ireland will be covered in the way in which the hon. Lady wants it to be.

Paragraph 1(4) of schedule 5 enables the Queen’s printer to make arrangements to publish documents that may be considered useful in connection with anything else published under the schedule. That, I think, allows for the approach that the hon. Member for Nottingham East is requesting. We are committed to ensuring that the law remains accessible and comprehensible after exit day, and on that basis, I ask the hon. Gentleman to withdraw the new clause, which I think he said was a probing measure. He will have noted my comment, and I understand his position.

Amendments 76 and 77 have been addressed in particular by the hon. and learned Member for Edinburgh South West. Amendment 77 seeks to place the power for a Minister to make provision about judicial notice and the admissibility in legal proceedings of specified evidence of certain matters into the Bill. Judicial notice is a term that covers matters that are to be treated as already within the knowledge of the court, and are therefore not required to be “proved”, as other evidence would be, in the usual way. Amendment 76 would remove that power from schedule 5, while not replacing the provisions that clarify the scope of that power.

The power in part 2 of the schedule covers a limited, technical area, and the affirmative procedure will apply. My worry is that, with the removals that amendment 76 would make, we will lose clarity on how those powers are to be applied. I imagine that the intention of those who support the amendments is that those clarifying provisions would be inserted underneath the power, but I think that we achieve greater clarity by putting them in this schedule in the way that we have, so I respectfully ask the hon. and learned Lady and the other Members who have tabled the amendments not to press them.

Finally, I will deal with amendment 348. It is tempting for me to plunge into the debate about impact assessments and regulatory and sectoral analyses, but this is an amendment about this Bill, of course, and I remind all Members that an impact assessment for this Bill was published when it was introduced. That is in line with the general practice of Governments of different parties in recent years of publishing impact assessments alongside legislation. We want to continue pursuing that approach, but it must be done in a proportionate and appropriate way.

Amendment 348 would impose an open-ended requirement on the Queen’s printer to publish impact assessments, and could, I fear, create a duty it could not meet. The Queen’s printer does not have a responsibility to decide what should be published alongside legislation; it merely publishes what the Government ask it to, and quite rightly so, we might think. At the same time, Ministers have a specific responsibility, endorsed by Parliament, not to release information that would expose our negotiating position. This amendment would risk doing precisely that in a way that would put the responsibility on to a non-ministerial department—the Queen’s printer—which, with respect to it, is in no place to know what analysis is being undertaken, or to make a judgment about what can be published appropriately, safely and proportionately.

In the context of those remarks, I ask the hon. Member for Nottingham East to withdraw the new clause, and I support the passage of clause 13 and schedule 5 and beg that they stand part of the Bill.

European Union (Withdrawal) Bill

Lady Hermon Excerpts

Committee: 5th sitting: House of Commons
Wednesday 6th December 2017 Commons Chamber

[Lady Hermon (North Down) (Ind)]

I beg to move, That the clause be read a Second time.

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

With this it will be convenient to discuss the following:

Amendment 338, in clause 10, page 7, line 14, at end insert—

“(2) But regulations made under Schedule 2 must not be incompatible with the full provisions of the British – Irish Agreement 1998 and the Multi-party agreement (the Belfast/Good Friday Agreement) to which it gives effect, including—

(a) the preservation of institutions set up relating to strands 1, 2 and 3 of the Good Friday Agreement,

(b) human rights and equality,

(c) the principle of consent, and

(d) citizenship rights.”

This amendment seeks to ensure that the rights provided for under the Belfast/Good Friday Agreement continue to be implemented and are protected.

Clause 10 stand part.

Amendment 307, in schedule 2,  page 16, line 12, leave out

“the devolved authority considers appropriate”

and insert “is essential”.

This amendment would limit the power available to a devolved authority to deal with deficiencies in retained EU law arising from withdrawal in such a way that it could only make provision that is essential to that end.

Amendment 209, page 16, line 13, leave out “appropriate” and insert “necessary”.

Amendment 308, page 16, line 18, leave out “they consider appropriate” and insert “is essential”.

This amendment would limit the power available to a Minister of the Crown acting jointly with a devolved authority to deal with deficiencies in retained EU law arising from withdrawal in such a way that they could only make provision that is essential to that end.

Amendment 210, page 16, line 18, leave out “appropriate” and insert “necessary”.

Amendment 166, page 16, line 33, at end insert—

“(6) Sub-paragraph (4)(b) does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”

This amendment would include the power to confer a power to legislate among the powers of the Scottish Ministers and Welsh Ministers to make regulations under Part 1 of Schedule 2 to fix problems in retained EU law arising from withdrawal, in line with a Minister of the Crown’s powers under Clause 7.

Amendment 211, page 17, line 1, leave out paragraph 3.

Amendment 167, page 17, line 9, at end insert—

“(3) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”

This amendment would provide that the power of the Scottish Ministers and the Welsh Ministers to make regulations under Part 1 of Schedule 2 extends to amending directly applicable EU law incorporated into UK law, in line with a Minister of the Crown’s power in Clause 7.

Amendment 168, page 17, line 13, at end insert—

“(2) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”

This amendment would provide that the power of the Scottish Ministers and the Welsh Ministers to make regulations under Part 1 of Schedule 2 includes the power to confer functions which correspond to functions to make EU tertiary legislation, in line with a Minister of the Crown’s power in Clause 7.

Amendment 169, page 17, line 20, at end insert—

“(2) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.

Requirement for consultation in certain circumstances

5A No regulations may be made under this Part by the Scottish Ministers or the Welsh Ministers acting alone so far as the regulations—

(a) are to come into effect before exit day, or

(b) remove (whether wholly or partly) reciprocal arrangements of the kind mentioned in section 7(2)(c) or (e),

unless the regulations are, to that extent, made after consulting with a Minister of the Crown.”

This amendment would replace the requirement for consent from a Minister of the Crown for regulations made by Scottish Ministers or Welsh Ministers in fixing problems in retained EU law that arise from withdrawal if they come into force before exit day or remove reciprocal arrangements with a requirement for Scottish Ministers and Welsh Ministers to consult with a Minister of the Crown before making the regulations.

Amendment 135, page 20, line 18, leave out paragraph 10.

This amendment is intended to remove the proposed restriction in the Bill on devolved authorities modifying retained direct EU legislation etc.

Amendment 322, page 20, line 25, after “Crown”, insert

“and excluding any provision that could be made under paragraph 7(2) of Schedule 7B to the Government of Wales Act 2006”.

This amendment, and Amendments 323, 324 and 325, would prevent the Welsh Ministers from using powers proposed in the Bill (to deal with deficiencies in retained EU law arising from withdrawal) to amend the Government of Wales Act 2006.

Amendment 323, page 20, line 41, after “5”, insert “or”.

This amendment, and Amendments 322, 324 and 325, would prevent the Welsh Ministers from using powers proposed in the Bill (to deal with deficiencies in retained EU law arising from withdrawal) to amend the Government of Wales Act 2006.

Amendment 324, page 20, line 41, leave out “or 7”.

This amendment, and Amendments 322, 323 and 325, would prevent the Welsh Ministers from using powers proposed in the Bill (to deal with deficiencies in retained EU law arising from withdrawal) to amend the Government of Wales Act 2006.

Amendment 325, page 20, line 43, at end insert—

“(f) the provision does not modify the Government of Wales Act 2006.”

This amendment, and Amendments 322, 323 and 324, would prevent the Welsh Ministers from using powers proposed in the Bill (to deal with deficiencies in retained EU law arising from withdrawal) to amend the Government of Wales Act 2006.

Amendment 309, page 21, line 38, leave out

“the devolved authority consider appropriate”

and insert “is essential”.

This amendment would limit the power available to a devolved authority to prevent or remedy a breach of international obligations in such a way that it can only make provision that is essential to that end.

Amendment 212, page 21, line 39, leave out “appropriate” and insert “necessary”.

Amendment 310, page 21, line 43, leave out “they consider appropriate” and insert “is essential”.

This amendment would limit the power available to a Minister of the Crown acting jointly with a devolved authority to prevent or remedy a breach of international obligations in such a way that they could only make provision that is essential to that end.

Amendment 213, page 21, line 43, leave out “appropriate” and insert “necessary”.

Amendment 287, page 22, line 9, after “or revoke”, insert

“, or otherwise modify the effect of,”.

This amendment would ensure that the restriction in this paragraph could not be undermined by the use of legislation which does not amend the text of the Human Rights Act but modifies its effect.

Amendment 288, page 22, line 10, at end insert “, or

“(f) amend, repeal or revoke, or otherwise modify the effect of, any other law relating to equality or human rights.”

This amendment would broaden the restriction in this subsection to protect all legislation relating to equality and human rights (and not only the Human Rights Act 1998).

Amendment 326, page 22, line 10, at end insert—

“(f) amend, repeal or revoke the Government of Wales Act 2006.”

This amendment would prevent the Welsh Ministers from using powers proposed in the Bill (to comply with international obligations) to amend the Government of Wales Act 2006.

Amendment 170, page 22, line 10, at end insert—

“(4A) Sub-paragraph (4)(d) does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”

This amendment would provide that the power of Scottish Ministers and Welsh Ministers to make regulations under Part 2 of Schedule 2 includes the power to confer a power to legislate, aligning those Ministers’ powers to the power of a Minister of the Crown under Clause 8.

Amendment 136, page 22, line 25, leave out paragraph 15.

This amendment is intended to remove the proposed restriction in the Bill on devolved authorities modifying retained direct EU legislation etc.

Amendment 171, page 22, line 32, at end insert—

“(3) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”

This amendment would provide that the power of the Scottish Ministers and the Welsh Ministers to make regulations under Part 2 of Schedule 2 extends to amending directly applicable EU law incorporated into UK law. This brings the power into line with the Minister of the Crown power in Clause 8.

Amendment 172, page 23, line 11, at end insert—

“(4) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.

Requirement for consultation in certain circumstances

16A (1) No regulations may be made under this Part by the Scottish Ministers or the Welsh Ministers acting alone so far as the regulations—

(a) are to come into effect before exit day, or

(b) are for the purpose of preventing or remedying any breach of the WTO Agreement, or

(c) make provision about any quota arrangements or are incompatible with any such arrangements,

unless the regulations are, to that extent, made after consulting with a Minister of the Crown.

(2) In sub-paragraph (1)—

“the WTO Agreement” has the meaning given in paragraph 16(2),

“quota arrangements” has the meaning given in paragraph 16(3).”

This amendment would replace the requirement for a Minister of the Crown to consent to regulations made by the Scottish Ministers or the Welsh Ministers to ensure compliance with international obligations if they come into force before exit day or relate to the WTO or quota arrangements, with a requirement for the Scottish Ministers and Welsh Ministers to consult with a Minister of the Crown before making the relevant regulations.

Amendment 311, page 24, line 11, leave out

“the devolved authority considers appropriate”

and insert “is essential”.

This amendment would limit the power available to a devolved authority to implement the withdrawal agreement in such a way that it could only make provision that is essential to that end.

Amendment 214, page 24, line 12, leave out “appropriate” and insert “necessary”.

Amendment 312, page 24, line 16, leave out “they consider appropriate” and insert “is essential”.

This amendment would limit the power available to a Minister of the Crown acting jointly with a devolved authority to implement the withdrawal agreement in such a way that they could only make provision that is essential to that end.

Amendment 215, page 24, line 16, leave out “appropriate” and insert “necessary”.

Amendment 289, page 24, line 32, after “or revoke”, insert

“, or otherwise modify the effect of,”.

This amendment would ensure that the restriction in this paragraph could not be undermined by the use of legislation which does not amend the text of the Human Rights Act but modifies its effect.

Amendment 290, page 24, line 33, at end insert “, or

(h) amend, repeal or revoke, or otherwise modify the effect of, any other law relating to equality or human rights.”

This amendment would broaden the restriction in this subsection to protect all legislation relating to equality and human rights (and not only the Human Rights Act 1998).

Amendment 327, page 24, line 33, at end insert—

“(h) amend, repeal or revoke the Government of Wales Act 2006.”

This amendment would prevent the Welsh Ministers from using powers proposed in the Bill (to implement the withdrawal agreement) to amend the Government of Wales Act 2006.

Amendment 173, page 24, line 33, at end insert—

“(4A) Sub-paragraph (4)(d) does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”

This amendment would include the power to confer a power to legislate among the powers of the Scottish Ministers and Welsh Ministers to make regulations under Part 3 of Schedule 2, in line with a Minister of the Crown’s powers under Clause 9.

Amendment 174, page 25, line 11, at end insert—

“(3) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”

This amendment would provide that the power of the Scottish Ministers and the Welsh Ministers to make regulations under Part 3 of Schedule 2 extends to amending directly applicable EU law incorporated into UK law, in line with the Minister of the Crown power in Clause 9.

Amendment 175, page 25, line 15, at end insert—

“(2) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”

This amendment would provide that the power of the Scottish Ministers and the Welsh Ministers to make regulations under Part 3 of Schedule 2 includes the power to confer functions which correspond to functions to make EU tertiary legislation.

Amendment 176, page 25, line 28, at end insert—

“(3) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.

Requirement for consultation in certain circumstances

25A (1) No regulations may be made under this Part by the Scottish Ministers or the Welsh Ministers acting alone so far as the regulations make provision about any quota arrangements or are incompatible with any such arrangements unless the regulations are, to that extent, made after consulting with a Minister of the Crown.

(2) In sub-paragraph (1), “quota arrangements” has the meaning given in paragraph 25(2).”

This amendment replaces the requirement for Minister of the Crown consent to regulations made by the Scottish Ministers or the Welsh Ministers to implement the withdrawal agreement if they relate to quota arrangements, with a requirement for the Scottish Ministers and Welsh Ministers to consult with a Minister of the Crown before making the relevant regulations.

Amendment 317, page 25, line 31, at end insert—

“Part [ ]

Welsh Ministers—Power to make consequential and transitional provision

[ ] (1) The Welsh Ministers may by regulations make such provision as is essential in consequence of this Act.

(2) The power to make regulations under sub-paragraph (1) may (among other things) be exercised by modifying any provision made by or under an enactment.

(3) In sub-paragraph (2), “enactment” does not include—

(a) primary legislation passed or made after the end of the Session in which this Act is passed, or

(b) any provision of the Government of Wales Act 2006.

(4) The Welsh Ministers may by regulations make such transitional, transitory or saving provision as is essential in connection with the coming into force of any provision of this Act or the appointment of exit day.

(5) No regulations may be made under this Part unless every provision of them is within the devolved competence of the Welsh Ministers for the purposes of Part 2.”

This amendment would provide a power to the Welsh Ministers to make consequential and transitional provision within the devolved competence of the Welsh Ministers.

That schedule 2 be the Second schedule to the Bill.

Amendment 313, in clause 7, page 5, line 7, at end insert—

“( ) But the power in subsection (1) may not be exercised to make provision for Wales to the extent that that provision would be within the devolved competence of the Welsh Ministers for the purposes of Part 1 of Schedule 2.”

This amendment would prevent a Minister of the Crown from making provision to deal with deficiencies in retained EU law arising from withdrawal to the extent that the provision would be within the devolved competence of the Welsh Ministers.

Amendment 89, page 6, line 11, at end insert—

“(da) apply to Wales unless they relate to matters specified in Schedule 7A to the Government of Wales Act 2006,

(db) apply to Scotland unless they relate to matters specified in Schedule 5 to the Scotland Act 1998,

(dc) apply to Northern Ireland unless they relate to matters specified in Schedules 2 or 3 to the Northern Ireland Act 1998.”

This amendment prevents Ministers of the Crown from making regulations under the powers in Clause 7 that apply to Wales, Scotland or Northern Ireland other than in relation to reserved (or, in the case of Northern Ireland, excepted and reserved) matters.

Amendment 158, page 6, line 13, after “it”, insert—

“() modify the Scotland Act 1998 or the Government of Wales Act 2006,”.

This amendment would prevent the powers of a Minister of the Crown under Clause 7 of the Bill to fix problems in retained EU law from being exercised to amend the Scotland Act 1998 or the Government of Wales Act 2006.

Amendment 318, page 6, line 13, after “it”, insert—

“() modify the Government of Wales Act 2006,”.

This amendment would prevent the Government of Wales Act 2006 from being amended by regulations under Clause 7.

Amendment 144, page 6, line 14, leave out from “1998” to end of line 18 and insert

“or otherwise affect any legislation derived from the Belfast Agreement of 10 April 1998 or the intention of that Agreement.”

This amendment is intended to ensure that the EU Withdrawal Bill does not affect any legislation derived from the Good Friday Agreement or the intention of the Good Friday Agreement.

Amendment 161, page 6, line 25, at end insert—

“(9) The consent of the Scottish Ministers is required before any provision is made in regulations under this section so far as the provision would be within the devolved competence of the Scottish Ministers within the meaning given in paragraph 9 of Schedule 2.

(10) The consent of the Welsh Ministers is required before any provision is made in regulations under this section so far as the provision would be within the devolved competence of the Welsh Ministers within the meaning given in paragraph 10 of Schedule 2.”

This amendment would require a Minister of the Crown to first seek the consent of the Scottish Ministers or the Welsh Ministers before making any regulations under Clause 7 on Scottish or Welsh devolved matters.

New clause 39—Provisions of the Good Friday Agreement—

“Before making any regulations under section 9, the Minister shall commit to maintaining the provisions of the Good Friday Agreement and subsequent Agreements agreed between the United Kingdom and Ireland since 1998, including—

(a) the free movement of people, goods and services on the island of Ireland,

(b) citizenship rights,

(c) the preservation of institutions set up relating to strands 1, 2 and 3 of the Good Friday Agreement,

(d) human rights and equality,

(e) the principle of consent,

(f) the status of the Irish language, and

(g) a Bill of Rights.”

Amendment 315, in clause 9, page 6, line 45, at end insert—

“( ) But the power in subsection (1) may not be exercised to make provision for Wales to the extent that that provision would be within the devolved competence of the Welsh Ministers for the purposes of Part 2 of Schedule 2.”

This amendment would prevent a Minister of the Crown from making provision to implement the withdrawal agreement to the extent that the provision would be within the devolved competence of the Welsh Ministers.

Amendment 147, page 7, line 5, at end insert—

“(bc) amend or repeal the Northern Ireland Act 1998 (except with the intention of preserving the effects of the Belfast Agreement of 10 April 1998 after exit day).”

This amendment is intended to maintain the provisions of the Good Friday Agreement after the UK leaves the EU.

Amendment 320, page 7, line 8, at end insert “, or

(e) modify the Government of Wales Act 2006.”

This amendment would prevent the Government of Wales Act 2006 from being amended by regulations under Clause 9.

Amendment 160, page 7, line 8, at end insert—

“(3A) The consent of the Scottish Ministers is required before any provision is made in regulations under this section that modifies the Scotland Act 1998.

(3B) The consent of the Welsh Ministers is required before any provision is made in regulations under this section that modifies the Government of Wales Act 2006.”

This amendment would prevent a Minister of the Crown from using the power to make regulations under Clause 9 implementing any withdrawal agreement to change the devolution settlements for Scotland and Wales without the consent of the Scottish Ministers or Welsh Ministers.

Amendment 157, page 7, line 9, at end insert—

“(5) No regulations may be made under this section unless the requirement in section [Provisions of the Good Friday Agreement] has been satisfied.”

Amendment 163, page 7, line 9, at end insert—

“(5) The consent of the Scottish Ministers is required before any provision is made in regulations under this section so far as the provision would be within the devolved competence of the Scottish Ministers within the meaning given in paragraph 18 of Schedule 2.

(6) The consent of the Welsh Ministers is required before any provision is made in regulations under this section so far as the provision would be within the devolved competence of the Welsh Ministers within the meaning given in paragraph 19 of Schedule 2.”

This amendment would require a Minister of the Crown to first seek the consent of the Scottish Ministers or the Welsh Ministers before making any regulations under Clause 9 on Scottish or Welsh devolved matters.

Amendment 321, in clause 17, page 14, line 4, at end insert

“or the Government of Wales Act 2006.”

This amendment would prevent the Government of Wales Act 2006 from being amended by regulations under Clause 17.

Amendment 316, page 14, line 9, at end insert—

“( ) But the power in subsections (1) and (3) may not be exercised to make provision for Wales to the extent that that provision would be within the devolved competence of the Welsh Ministers for the purposes of Part 2 of Schedule 2.”

This amendment would prevent a Minister of the Crown from making transitional, transitory or saving provision to the extent that the provision would be within the devolved competence of the Welsh Ministers.

Amendment 145, in clause 8, page 6, line 30, at end insert

“including the Belfast Agreement of 10 April 1998.”

This amendment is intended to maintain the provisions of the Good Friday Agreement after the UK leaves the EU.

Amendment 346, page 6, line 30, at end insert

“including those arising under the British-Irish Agreement 1998”.

This amendment would allow Ministers to make regulations to fulfil obligations arising out of the British-Irish Agreement (which commits to implementation of the Multi-Party Agreement).

Amendment 314, page 6, line 30, at end insert—

“( ) But the power in subsection (1) may not be exercised to make provision for Wales to the extent that that provision would be within the devolved competence of the Welsh Ministers for the purposes of Part 2 of Schedule 2.”

This amendment would prevent a Minister of the Crown from making provision to prevent or remedy any breach of international obligations to the extent that the provision would be within the devolved competence of the Welsh Ministers.

Amendment 146, page 6, line 35, at end insert—

“(bc) amend or repeal the Northern Ireland Act 1998 (except with the intention of preserving the effects of the Belfast Agreement of 10 April 1998 after exit day).”

This amendment is intended to maintain the provisions of the Good Friday Agreement after the UK leaves the EU.

Amendment 159, page 6, line 38, at end insert “, or

(e) modify the Scotland Act 1998 or the Government of Wales Act 2006.”

This amendment would prevent the powers of a Minister of the Crown under Clause 8 of the Bill to ensure compliance with international obligations from being exercised to amend the Scotland Act 1998 or the Government of Wales Act 2006.

Amendment 319, page 6, line 38, at end insert “, or

(e) modify the Government of Wales Act 2006.”

This amendment would prevent the Government of Wales Act 2006 from being amended by regulations under Clause 8.

Amendment 347, page 6, line 38, at end insert—

“(e) be incompatible with the British-Irish Agreement 1998 and the Multi-party agreement (the Belfast / Good Friday Agreement) to which it gives effect, including—

(i) the preservation of institutions set up relating to strands 1, 2 and 3 of the Good Friday Agreement,

(ii) human rights and equality,

(iii) the principle of consent, and

(iv) citizenship rights.”

This amendment is intended to ensure that the power to make regulations to fulfil obligations arising out of the British-Irish Agreement could not be used in a manner incompatible with those obligations.

Amendment 162, page 6, line 40, at end insert—

“(5) The consent of the Scottish Ministers is required before any provision is made in regulations under this section so far as the provision would be within the devolved competence of the Scottish Ministers within the meaning given in paragraph 18 of Schedule 2.

(6) The consent of the Welsh Ministers is required before any provision is made in regulations under this section so far as the provision would be within the devolved competence of the Welsh Ministers within the meaning given in paragraph 19 of Schedule 2.”

This amendment would require a Minister of the Crown to first seek the consent of the Scottish Ministers or the Welsh Ministers before making any regulations under Clause 8 on Scottish or Welsh devolved matters.

[Lady Hermon]

It is a pleasure to serve under your chairmanship this afternoon on this very important Bill, Mrs Laing,

I am enormously grateful to the Members who put their names to my new clause 70. I am sorry that Democratic Unionist party Members did not find time to do so. I am sure they wanted to, but they have obviously been busy with other things, such as speaking to the Prime Minister. When, or if, I press my new clause to a vote this afternoon—I am clearly signalling to the Government and to you, Mrs Laing, that if I do not receive a satisfactory response from the Government, I intend to press it to a vote—it will be quite difficult, as I sit as an independent, to provide the Tellers. However, my hon. Friends—I call them friends—in the Scottish National party and the Labour party have kindly indicated that they will provide the Tellers.

I find myself in an extraordinarily difficult position. When I hear the Prime Minister and the Brexit Secretary repeat their commitment to the Good Friday agreement, as I often do, I welcome that enormously. However, I of course expected the Government to match their words, rhetoric and promises about the Good Friday agreement with actions. When I first collected my copy of the European Union (Withdrawal) Bill, I expected to see a commitment written in bold that the Good Friday agreement—otherwise known as the Belfast agreement—would be protected, even though the UK is going to leave the European Union.

I have read the Bill very carefully. As right hon. and hon. Members will know, the Good Friday agreement or Belfast agreement was an international agreement between the Irish Government and the British Government. As an international agreement, it had to be incorporated in our domestic law, and that was done by the Northern Ireland Act 1998. The Good Friday agreement is absolutely fundamental. It has given us peace and stability for the past 20 years in Northern Ireland, and there can be no denying that. Unfortunately, the first mention of the Northern Ireland Act 1998, which incorporated the Good Friday agreement in our domestic law, is in clause 7. It is not at the beginning of clause 7 but in subsection (6), and it is not at the beginning of subsection (6) but in paragraph (f) at the end.

For the benefit of Members—including DUP Members, who have been busy doing other things, as I have said—let me take a moment to read out clause 7(6). Ministers will be given sweeping powers under clause 7 to do what they consider appropriate to prevent, remedy or mitigate deficiencies in retained EU law. The point I must emphasise to the Committee is that the sweeping powers provided in clauses 7 to 10 are replicated or duplicated in schedule 2 for the devolved authorities. The reference to the Northern Ireland Act 1998, which I struggled to find, is in clause 7(6). It states:

“regulations made under this section may not…amend or repeal the Northern Ireland Act 1998 (unless the regulations are made by virtue of paragraph 13(b) of Schedule 7 to this Act or are amending or repealing paragraph 38 of Schedule 3 to the Northern Ireland Act 1998 or any provision of that Act which modifies another enactment).”

I commend the legislative draftsmen and women, because I am sure it is technically correct, but what on earth does it mean? The legislation has to be clear to those people who read it who are not lawyers, and the vast majority of Members of this House are not lawyers. The language is not clear.

May I say to the Clerks of the House—the brilliant Clerks, who serve the House long hours into the night and with such enthusiasm—that I am enormously grateful to them for their patience personally with me and for their diligence and great wisdom in drafting new clause 70? The new clause puts in black and white a bold statement of the commitment to the Good Friday agreement and to the principles which I call in shorthand in the new clause “the Belfast principles”. Those are the principles enshrined in the Good Friday agreement.

For Northern Ireland Unionists, the Belfast principles include the constitutional guarantee, through the consent principle, that Northern Ireland remains part of the United Kingdom unless and until there is a border poll and the people of Northern Ireland, and only Northern Ireland, say otherwise. It is not in the gift of No. 10, thank goodness; it is not in the gift of Dublin; it is governed by the people of Northern Ireland in a border poll. The constitutional principle is guaranteed among the Belfast principles in the Good Friday agreement, as is the principle of mutual respect for all communities across Northern Ireland, who were so divided by the troubles—respect and equality, irrespective of how a person votes, their political opinion and views or their religion. Non-discrimination and equal respect for all is guaranteed in the Belfast agreement.

There are many other principles—I could go on—in that document, which is enormously important for people not just in Northern Ireland, but particularly in Northern Ireland. I stand here as a Unionist and I am proud to defend the Belfast agreement—the Good Friday agreement. I say that with great pride because I grew up, not in in some stately home but on a 50-acre farm west of the River Bann in County Tyrone, very close to what unfortunately became known as the “murder triangle” for the number of people, both Catholic and Protestant, who were murdered by the IRA and subsequently by loyalist paramilitaries as well. Our postman was murdered at the end of our lane. Many of our farming neighbours were attacked on their tractors, or went out to a shed and opened the door, and there was a booby trap that blew off their head or face. My late father made it to 92, but he had to attend innumerable funerals of our neighbours, both Catholic and Protestant.

There is no monopoly on pain and suffering—every single one of the DUP Members in this House, their families and neighbours, suffered as well—but likewise in County Tyrone in 1981, when we had a Conservative Government led by the late Margaret Thatcher, we had the hunger strikes, which unfortunately became the best recruiting agent the IRA did not have in 1981. Ten young men starved themselves to death—highly emotive within the Catholic community, the republican community, the nationalist community. They were the sons of neighbours of ours in County Tyrone. All communities suffered.

Many Members of this House will have no idea who Jack Hermon was, because they are all so young. My dear late husband, who died with Alzheimer’s nine years ago, was the longest serving Chief Constable of the Royal Ulster Constabulary. During the appalling terrorist campaign waged by the IRA and subsequently by the Provisional IRA, which morphed into something called the Real IRA, and by loyalists—do not forget the woe, the suffering, the grief that was caused by loyalist paramilitaries—he described his officers as extraordinary men and extraordinary women doing an extraordinary job, and they did. In Northern Ireland, with a population of 1.8 million, 302 RUC officers were murdered. That is an awful lot of dead police officers.

In the 10 years that Jack was Chief Constable, he had to attend almost 100 funerals, and that undoubtedly affected him, but I tell the House that when the Good Friday agreement was signed and I talked to him about the constitutional consequences of having Sinn Fein in the Executive, Jack listened to me patiently and then lifted one finger and said, “If it saves the life of one police officer, I’m voting for this.” Jack supported publicly the Good Friday agreement, the late Mo Mowlam and her efforts at that time.

The Good Friday agreement has brought all of us in Northern Ireland stability and peace, from which the whole of the UK has benefited, the Republic of Ireland has benefited, and—since we are talking about Brexit—the European Union has benefited. After all, the IRA placed bombs in Germany, Spain, Gibraltar and elsewhere. Underpinning the Good Friday agreement—the foundation for it—was the fact that the Republic of Ireland and the UK had joined the European Union on the same day, at the same time. It was the cornerstone, the foundation of the Good Friday agreement. Under the agreement, those born in Northern Ireland could choose to identify themselves as British or Irish, or indeed both, but they also regarded themselves as Europeans.

The border became virtually invisible where once we had had watchtowers, murders, security checks and unapproved roads. The roads had been cratered, so that someone going to school on the other side of the border, or to a community hall, or church, or chapel, had to get out of their car and tiptoe around on the uncratered part of the road. Those roads have been filled in again. We have normality in Northern Ireland, we have peace, and we undoubtedly have people alive today who would not otherwise be alive.

Let me say ever so loudly and strongly to senior members of the Conservative party that I do not want to hear them or see them on television talking about pushing ahead and no deal—“Let’s just move on with no deal.” It is an absolute nonsense. It is so reckless and so dangerous. The Home Secretary stood here yesterday and made a statement about counter-terrorism. Dissident republicans are active. They are dangerous and ruthless—utterly ruthless. If I had a child or grandchild choosing a career—I have no grandchildren, by the way; I have two children, both of whom have chosen careers other than politics, sadly, because we need leadership in Northern Ireland and young people to come into politics—I would not encourage them to join the UK Border Force or Her Majesty’s Revenue and Customs in the event of no-deal Brexit, because inevitably we will have a hard border.

It must be a moral responsibility and duty on this Government to take care of all personnel, all officials, in HMRC, in the Police Service of Northern Ireland and in the UK Border Force. It is all very well and good to have talked about “taking back control” of our borders—that was a catchy refrain during the EU referendum—but I never could, and still cannot all these months later, get any clarity on how exactly we proposed to take back control. However, in the event of no deal, we would certainly face a hard border, and dissident republicans would regard Police Service of Northern Ireland and HMRC officers, and UK border officials, as legitimate targets. I do not want that on my conscience, and I do not believe for one moment that the Prime Minister or the Government want that either. I plead with senior Conservative party members to stop the nonsense of talking up no deal. The Home Secretary wisely described no deal as “unthinkable”, and it is. She may not be here, but I quote her anyway, because I agree with her and hold her in very high regard.

Why am I so committed to this issue? It is because half my life has been blighted by the troubles. I was not involved in politics when the Good Friday agreement was signed. I was not then a member of the Ulster Unionist party, of which David Trimble was leader. He and I had taught together in the law faculty of Queen’s University Belfast. If anybody cares to look, they will see that my specialism was EU law; that is another reason why I am so passionate about this subject. David Trimble, who was such a remarkable, courageous leader of the Ulster Unionist party, never quite liked or understood my interest in EU law, yet now he is in another place and is asked for his views on so much. He and I will never fall out, but we have always disagreed over the EU. My love for it continues.

I accept that Brexit will happen. We as the United Kingdom have to come out together, and the Prime Minister made that quite clear at Prime Minister’s questions today, but in doing so we cannot risk undermining all that has been gained through the Good Friday agreement—the lives that have been saved and the normality that we have had. That will carry on, but people in Northern Ireland are extremely nervous. There is one party, the Democratic Unionist party—and I am just describing, factually. DUP Members are colleagues and friends, though sometimes I wonder, given the tone of voice that they use towards me. Let us remember the history: a previous Conservative Government, led by Margaret Thatcher, caused such divisions, hurt, anger, rage and outrage in one part of the community in Northern Ireland—the republican nationalist community —and there was the way that the hunger strikes were handled. It is critical that the Conservative Government, who are supported by the DUP, bear in mind all the people of Northern Ireland, and that the DUP does not speak for or represent all of them.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

Will the hon. Lady give way?

[Lady Hermon]

Of course; I would be delighted.

[Mr Clarke]

I do not think that I am one of the senior members of my party whom she is criticising. Does she agree that the Prime Minister, 48 hours ago, reached an agreement with the Taoiseach that seemed to show that the Prime Minister shared the hon. Lady’s concerns? We cannot have an open border without having some regulatory and customs convergence on both sides. That all came to an end when the DUP vetoed it, which makes it extremely important—more than it was—that her new clause be put into the Bill to make sure that we are not back-sliding. Of course, the DUP could always rescue its reputation by confirming that its only objection was to not having regulatory and customs convergence across the whole United Kingdom, and by agreeing, as she and I do, that regulatory and customs convergence across the whole island of Ireland is in the interests of inhabitants on both sides of the border.

[Lady Hermon]

That was very interesting. Lots of points were raised there. The DUP will have to speak for itself, and I am sure that at some point this afternoon, its Members will want to contribute to the debate. I am hugely grateful to the right hon. and learned Gentleman for confirming that he feels that the Government should accept my new clause; I thank him.

I felt deeply embarrassed for the Prime Minister on Monday. What was so interesting in her demeanour during Prime Minister’s questions today was her confidence at the Dispatch Box, and her response to the hon. Member for Strangford (Jim Shannon), who had a question on the Order Paper. It was a very interesting question, and the Prime Minister’s reply was significant. She seemed so calm, not that she does not normally seem calm—forget about the party conference; that was a very difficult experience for her, and we would not like that to happen to any of us. I suspect that she has spoken a lot to the leader of the DUP since Monday; that is what I hope, but I am not in that inner circle. I am not a member of the DUP, and its members do not come along to me and say, “Here’s the draft memorandum; have a look at it.” I hope that I am right in saying that there has been progress. If I am not, I am sure that a DUP Member will quickly get to their feet to contradict me, and they are not doing that.

[Nigel Dodds (Belfast North) (DUP)]

I did not think it was worth it.

[Lady Hermon]

Well, that is very disappointing.

[Nigel Dodds]

Could the hon. Lady answer the question posed by the right hon. and learned Member for Rushcliffe (Mr Clarke), who asked whether she accepts, as he does, that it is a good idea to have regulatory convergence and common rules between Northern Ireland and the Republic? Could she give a straight answer to that, because many in Northern Ireland now view her as being on the side of the Dublin Government on these issues?

[Lady Hermon]

I thank the right hon. Gentleman so much for that. [Interruption.] Yes, what do you do in response to that?

[Nigel Dodds]

Answer!

[Lady Hermon]

I can hear. If the right hon. Gentleman gives me a chance, instead of chuntering away, I might actually reply to him.

The Prime Minister, and yesterday the Secretary of State for Exiting the European Union, made it absolutely clear—at least this is what I understood by the Secretary of State’s statement—that it was always the intention of the Prime Minister and the Government to have the same regulatory alignment right across the United Kingdom. For the record, if the right hon. Member for Belfast North (Nigel Dodds) wants me to say this again, I am a Unionist. I am not in the pocket of, am not propping up, and have not spoken to, the Dublin Government, and I strongly resent the implication, in his question, that I am doing that.

[Mr Gregory Campbell (East Londonderry) (DUP)]

The hon. Lady and I have got on very well since entering the House together—16 years and I think four months ago, as the Speaker might say. Does she agree that my right hon. Friend the Member for Belfast North (Nigel Dodds) asked her a very specific question relating to what the right hon. and learned Member for Rushcliffe (Mr Clarke) said about convergence across the island of Ireland? In the few minutes that have elapsed since then, I have not heard an answer to it.

[Lady Hermon]

I am most grateful to the right hon. Gentleman—or the hon. Gentleman; I just promoted him. That is not what I understood, so there is no point in putting up a straw man for me to knock down. I understood that the proposal that the Prime Minister took with her to Brussels was always to have been that the entirety of the UK should have the same alignment. The Prime Minister is no one’s fool. She has made it quite clear that she will protect the integrity of the whole United Kingdom. She had already ruled out having a border down the Irish sea. I therefore believe and trust that when she went to Brussels, she had always planned that there would be convergence throughout the United Kingdom, and that Northern Ireland would not be treated differently from the rest of the United Kingdom. That is the confidence that I have.

[Mr Dominic Grieve (Beaconsfield) (Con)]

The hon. Lady may share with me a certain amount of bemusement. There can be no question for me, as a Unionist, of a separate regulatory arrangement for Northern Ireland, permitting it to have regulatory equivalence or convergence with the Republic. Convergence either applies to all of us, or cannot apply at all. I have to say that all of us having regulatory convergence with the Republic, and indeed the rest of the EU, strikes me as a very good idea.

[Lady Hermon]

I am grateful to my right hon. and learned Friend. Even though he sits on the other side of the Chamber, I have always regarded him as a friend. He has just summed up how I feel. I will not stand here and criticise our Prime Minister—she is the Prime Minister of the United Kingdom, and I believed that her stance when she went to Brussels on Monday was that the convergence would apply to all of the United Kingdom. I did not believe for one moment that she would cast Northern Ireland off somehow to a regulatory framework and convergence on the island of Ireland, and not with the rest of the United Kingdom.

Of course, I do not want Northern Ireland to be treated any differently from the rest of the United Kingdom. We are all coming out of the EU—sadly—on 29 March 2019. The referendum result in Northern Ireland was in favour of remaining, but the UK-wide result will be honoured. The Prime Minister has said that repeatedly. As we move towards that, I urge and encourage the Government to adopt, in some form of words, new clause 70, because the principles of the Good Friday agreement, which I and the other Members who have put their names to the new clause are proud to support, must be protected in black and white on the face of that Bill. That is the assurance I need from the Government this afternoon, otherwise I will test the House’s commitment to the Good Friday agreement.

[Mr Grieve]

I do not intend to speak at length. I listened carefully to the hon. Member for North Down (Lady Hermon) and I completely agree with all the sentiments she expressed about the benefits that the Good Friday agreement has conferred on our country generally and on our international relations with the Irish Republic. It has been a step change in improving the quality of life for all citizens in this country, particularly those in Northern Ireland, about which the hon. Lady spoke so eloquently.

It is clear that the Brexit process is challenging in the context of maintaining those benefits. I regret that, during the referendum campaign last year, those of us who highlighted the consequences that could flow did not get as much register as we would have liked. In the cost-benefit analysis between staying in and leaving the EU, the Good Friday agreement was a factor that should have been taken into account properly, but I regret to say that some of the enthusiasts for our leaving the EU seem to have systematically ignored it.

However, we are where we are. It is clear that we will have to try to manage the Brexit process in a way that does not adversely impact on the Good Friday agreement. I listened carefully to DUP Members, and I can well understand that any suggestion that leaving the EU involves uncoupling Northern Ireland and putting it into a separate regulatory regime for the benefit of maintaining the Good Friday agreement, or regulatory equivalence with the Republic of Ireland, is a complete non-starter. It is totally unacceptable to me, and I did not understand the Prime Minister’s words and the agreement she reached as being indicative of her intending to do any such thing. If she was, all I can say is that she will not long survive her party’s views, which are unanimous on this matter, irrespective of whether Members most enthusiastically embraced Brexit or most vigorously sought to prevent it. We therefore need to park that on one side.

--- Later in debate ---

[Douglas Ross]

Thank you, Mr Streeter, for calling me to speak. I have sat through several of the Committee’s debates so far, but have only been able to intervene. This is the first time I have had the chance to make a speech and give my take on the amendments before us.

I feel fortunate to have been in the Chamber to listen to the speech by the hon. Member for North Down (Lady Hermon). We share something in common in that my wife is a police officer—just a sergeant in Keith, I have to say; not quite at the level reached by the hon. Lady’s husband. When she spoke about the troubles in Northern Ireland and the efforts her late husband went to with so many colleagues, it touched a raw nerve for those of us who are so closely connected with our police, fire and ambulance services and the sacrifices they still make on a daily basis to protect us.

I listened carefully to what the hon. Lady said about new clause 70. It is useful that we have had this opportunity to discuss the Belfast agreement, because although she gave a thoughtful and moving speech, I hope she accepts that nothing with respect to our departure from the European Union and, indeed, nothing in the Bill, will compromise the Belfast agreement. Her words were very useful in giving us an opportunity to discuss and debate this issue, but I am not sure it is necessary for us to support new clause 70, because there is already clear information to show that the Belfast agreement is secure.

[Lady Hermon]

The Good Friday agreement created cross-border institutions and policies that have been supported and, indeed, financed by the European Union, and lots of finance has gone into improving the border areas. That commitment is going to go when the UK leaves the European Union, so it is inevitable that the terms of the Good Friday agreement will be altered. My new clause would keep the changes to an absolute bare minimum, making only those changes that are absolutely necessary on account of Brexit.

[Douglas Ross]

I am grateful for that intervention, but the Government have been clear about their ongoing support for the Belfast agreement, and nothing that will materialise from Brexit or, importantly, the relevant clauses of the Bill we are discussing, will diminish that in any way.

--- Later in debate ---

[Mr Walker]

If my right hon. Friend will give me a moment, she may be interested in what I have to say next.

I do appreciate the enormous effort that the hon. Member for North Down has put into drafting new clause 70, but we could not currently accept it. There are some concerns around it. It goes further than requiring Ministers and devolved Departments to have regard to the key principles. Subsection (4)(a) would require the Secretary of State to refuse consent to reserved provisions in devolved legislation unless the provision is necessary only as a direct consequence of the UK’s exit from the EU. This would place a much greater constraint on the provision than can be made for Northern Ireland as compared with the rest of the UK, even in circumstances where there is no impact on the Belfast agreement. As I said earlier, this Bill cannot be used to amend the Belfast agreement. It would create doubt and uncertainty on the use of these powers if we suggested otherwise. The Northern Ireland Act can be amended only in the very limited circumstances that I have already addressed.

I therefore urge the hon. Lady to withdraw the motion, but to work with us. We will work with Members across the House to absolutely ensure that the Belfast agreement is respected as we move forward.

[Lady Hermon]

I have a very high regard for the Minister, but I have to say that I am profoundly disappointed by what he has said. I am not a legislative draftsman. Technically, there may be difficulties with this new clause, but, for goodness’ sake, the Government absolutely have to put the principles of the Good Friday agreement into this Bill. That is where the Government need to stand with all the people of Northern Ireland and say to them that, even if we are leaving Europe, as we are doing—Brexit is going to happen—we are not going to allow that decision to undermine the sterling work and the peace and stability of the Good Friday agreement. I am pleading with the Government to give a commitment that they will look at the technicalities, and change the technicalities, but accept this new clause this afternoon.

[Mr Walker]

Our commitment to the Belfast agreement is absolutely clear. We are committed to it. We are not changing it as a result of this Bill. The Bill would not allow us to do that. We are protecting the Northern Ireland Act in this Bill. We will work with the hon. Lady and with hon. Gentlemen and hon. Ladies in all parts of the House to secure the legacy of the Belfast agreement.

--- Later in debate ---

[Mr Walker]

I am grateful to my hon. Friend, who chairs the Select Committee on Northern Ireland Affairs. I was pleased to give evidence to his Committee the other day on the importance of these issues. I can assure hon. Members across the House that we absolutely have put the importance of no hard border in Northern Ireland and the importance of our commitments under the Belfast agreement at the heart of our approach from the beginning.

[Lady Hermon]

I am grateful to the Minister for giving way once again. I have to say to him ever so gently but firmly that that is a high-risk strategy. The message will be sent from the House that there is no support in the Government for the principles of the Good Friday agreement if that is not taken up—[Interruption.] Would the hon. Member for North Antrim (Ian Paisley) give me a moment? It would be enormously helpful—it is the principles of the Good Friday agreement: that is what new clause 70 embodies. It does not expand on them—it reflects the principles of the agreement—so will the Minister, instead of putting that high-risk strategy to the House, give a clear commitment that he will take away my new clause and work on it, with a view positively to reflect the tone and spirit in which it was drafted in the first place?

[Mr Walker]

I absolutely give the commitment that we will take away the hon. Lady’s new clause and will ensure throughout the whole of the process that we protect the principles of the Good Friday/Belfast agreement. That is something that we are absolutely committed to doing and I can tell the hon. Lady that nobody in this House will be voting against any principles in the Belfast agreement. It is crucial that we make that point clear.

--- Later in debate ---

[Ian Paisley]

I will keep my comments as brief as possible.

I congratulate the Members who have managed to bring various new clauses before the Committee of the whole House; they add to the debate and to the colour and tapestry of this place. In particular, I congratulate my colleague, indeed my cousin, the hon. Member for North Down (Lady Hermon) on introducing the lead new clause. Even though, as she knows, I do not agree with her on the principles, it has added to the debate.

[Lady Hermon]

rose—

[Ian Paisley]

I will give way to the hon. Lady later, but I first want to explain some of my detailed points, given the warning we have just had from Mr Hoyle.

On new clause 70, the hon. Member for North East Fife (Stephen Gethins) said that the DUP does not speak for all of Northern Ireland. He is, of course, absolutely right, and we have never claimed to do so. However, there are seven Members who could be in this place tonight but who do not bother coming, and they could make many of the points that they claim they are so passionate about and support the provisions they wish to support. There is no reason in principle why they cannot be here; the reasons are political cowardice and political convenience only. But others cannot chastise my party and the people we represent in this place, because we do come here, we do make our voices heard, and we do raise the issues that we care passionately about and that are put to us. As the Member who received more votes in Northern Ireland than any other Northern Ireland Member, I am more than happy to speak for those people and ensure my constituents’ voice is heard on these issues. We will not take a vow of silence—which would be convenient to many in this House—out of some form of false shame.

--- Later in debate ---

[Conor McGinn]

I thank my hon. Friend for that; the position is very strong and very clear.

The legacy of the peace process is not a Labour legacy; it is a legacy shared between us all. I hope that the Conservative party will reflect on that in these debates, and I am disappointed that the Government have not accepted the new clause today. It is disingenuous to say that the European Union is not mentioned in the Good Friday agreement. Its writ runs through the Good Friday agreement, which was predicated on the basis that we would both remain members of the European Union, and around strand 2, which is north-south co-operation, and strand 3, on east-west co-operation, it is mentioned specifically in terms of areas we can discuss, and there are shared competences.

I want also to remind the Committee that although we talk a lot about the referendum to leave the European Union and its result, the Good Friday agreement was passed by referendums on both parts of the island of Ireland by a majority of people exercising their democratic right. We need to respect that referendum as well as the referendum on the European Union.

The debate focuses primarily and largely on trade, tariff and regulatory alignment. The Good Friday agreement and the peace process are much more than that. I said in this House in my maiden speech that there was no contradiction in being British and Irish, or to having feelings of loyalty, affinity and affection for both countries. That is being tested by this process, but I stand by it. I plead with the Government: through this Brexit process, do not make people choose.

[Lady Hermon]

This has been a wonderful debate, and I greatly appreciate the contributions from all sides, even when they disagreed with new clause 70 and even when they were made by Members of the DUP who disagreed with new clause 70. Despite my disappointment, which is real, and that of other Members, the greater objective is to maintain the Good Friday agreement and its respect and integrity, and to ensure that we do nothing in this House that gives succour to dissident republicans or increases the risk of terrorism. I will therefore not press the new clause to a vote.

I will, however, accept the very nice invitation to tea with the Minister, but I do not just want tea and buns. I want a commitment from him now—I want him to intervene on me—that the Good Friday agreement will be preserved in some other form, if not today.

[Mr Robin Walker]

I give the hon. Lady that commitment. The Good Friday agreement is an absolute commitment that we stand by and it will be preserved. I will work with the hon. Lady, as I have been invited to do, to ensure that through the whole of the process we deliver on the principles.

[Lady Hermon]

I will take that as a commitment that at tea we will agree that the Good Friday agreement will be written into the next Bill—perhaps the withdrawal Bill. The Minister just has to nod.

[Mr Walker]

As I said to the hon. Lady in the Northern Ireland Affairs Committee, we are in the process of negotiating the withdrawal agreement and therefore we cannot pre-empt the detail of the Bill. Clearly, we want to enshrine the principles in the withdrawal agreement and that Bill will legislate for that. There is a logic to what she says and I am happy to follow up and discuss it further.

[Lady Hermon]

With that, I beg to ask leave to withdraw the new clause.

Clause, by leave, withdrawn.

Clause 10 ordered to stand part of the Bill.

Schedule 2

Corresponding powers involving devolved authorities

Amendment proposed: 167,  page 17, line 9, at end insert—

“(3) This paragraph does not apply to regulations made under this Part by the Scottish Ministers or the Welsh Ministers.”—(Stephen Gethins.)

This amendment would provide that the power of the Scottish Ministers and the Welsh Ministers to make regulations under Part 1 of Schedule 2 extends to amending directly applicable EU law incorporated into UK law, in line with a Minister of the Crown’s power in Clause 7.

Question put, That the amendment be made.

--- Later in debate ---

[Mr Leslie]

I do not want to get too side-tracked into my opinions on the advice given by the Legatum Institute. Let alone the Government, I suspect the Legatum Institute has not been doing many impact assessments. The Legatum Institute might be a good cheerleader for the cause—there are many good cheerleaders for that particular cause—but that emotional response is not necessarily evidence-based.

A minute ago, my hon. Friend the Member for Eltham (Clive Efford) raised the question of what we will get for this divorce bill settlement. That raises the next natural question. Many commentators are assuming that, by moving on to phase 2, we part with this £50 billion or £60 billion and, at last, we are finally able to talk about trade. Actually, under article 50, we will not be entering trade deal territory; we will be entering territory that is about a framework for the future relationship with the European Union.

[Lady Hermon]

Will the hon. Gentleman give way?

[Mr Leslie]

I will give way in a minute.

It is important the Committee realises that phase 2 is not trade talks. The £50 billion does not secure a trade deal. Article 50 refers to:

“an agreement...setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union.”

Phase 2 of these article 50 talks will look at only the framework, not the substance of future relationships. The details of that full trade deal will begin only when the UK becomes a third country, which is important because we are getting to the notion that this is the only financial commitment for which we are on the hook. Phase 2 is actually a bit of an interregnum period. The actual detail of the trade relationship will come after we have left, after exit day. The whole Committee needs to appreciate that.

EU Exit Negotiations

Lady Hermon Excerpts

Tuesday 5th December 2017 Commons Chamber

[Mr Davis]

Yes, my hon. Friend is exactly right. That is pretty much what Jean-Claude Juncker said yesterday.

[Lady Hermon (North Down) (Ind)]

Although I readily accept that there are 10 duly elected DUP Members in this House, nevertheless the DUP does not speak for or represent all the people of Northern Ireland. Will the Secretary of State therefore take a few moments to explain to the House, and particularly to all the people of Northern Ireland and the rest of the United Kingdom, the benefits for the whole country of the proposals the Prime Minister took to Brussels yesterday? I was profoundly embarrassed on her behalf.

[Mr Davis]

The aim for the whole country, as the hon. Lady says, is to maximise the trade benefits of being outside the customs union and the single market, while maintaining as much as possible the benefits we currently enjoy. That is the aim and that is what we are heading towards. I am pretty confident that that is what we will achieve.