European Union (Withdrawal) Bill

Lindsay Hoyle Excerpts

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

[Several hon. Members rose—]

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

Order. I just point out that 15 Members still wish to speak and there is one hour to go.

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[Ian Paisley]

The hon. and learned Gentleman has nailed it extremely well. By agreeing to this proposal, we would be diminishing the principles that many colleagues say they are signed up to and support, because we would be limiting the provisions to a few words on the front of this Bill. That would be unnecessary and the wrong way to treat an international treaty signed by Her Majesty’s Government and the Government of the Republic of Ireland.

No case has been made that demonstrates that the Belfast agreement will be directly impacted by this withdrawal Bill. People have talked about its impact tangentially, but no specific case for a direct impact has been made. That is because, as I have said, the claim that the agreement is in some way under threat from the Bill is a made-up grievance by the Irish. It is not under threat. It is irrelevant to the Bill. To entertain that claim plays into the domestic politics of the Republic of Ireland, and it is not our place to do that in this House. We should stay well away from that.

I do not often quote David Trimble—Lord Trimble, as he now is—but I am going to make an exception tonight, given that he was one of the authors, principal negotiators and signatories to the agreement. His words are extremely helpful. He has said:

“It is not true that Brexit in any way threatens the peace process. There is nothing in the Good Friday Agreement which even touches on the normal conduct of business between Northern Ireland and the Republic. Leaving the European Union does not affect the agreement because the EU had nothing to do with it—except that Michel Barnier turned up at the last moment for a photo opportunity. The European Union does have a peace and reconciliation programme for Northern Ireland but there is no provision for it in the EU budget. It is financed from loose change in the drawer of the European Commission.”

It is also the case that Her Majesty’s Government have committed to provisions for a reconciliation programme, which they will take forward post-Brexit. That will probably be a much more targeted and beneficial fund for many of the representatives of the third sector who are knocking on the doors of Northern Ireland Members of Parliament to demand that the money should be used a lot better. That helpful insight from David Trimble should be borne in mind by all Members on both sides of the House.

For those who say that they are so committed to the principles of the agreement, the Father of the House, the right hon. and learned Member for Rushcliffe (Mr Clarke), pointed out what he called the oxymoron of the border issue. The fact of the matter is that the Irish foolishly got the matter of the border into phase 1 of the agenda. I believe that they were wrong to do that. They should have made sure that they got it into phase 2 or phase 3, because the real issue that concerns them is trade. The Irish have overplayed their hand considerably. They need a trade deal more urgently than Northern Ireland does.

Let us look briefly at the cost to the Republic of Ireland of having no deal. That is something that is never done in this place. We are always looking at what the cost to us would be, but the cost to our partner would be significant. If the Republic of Ireland does not get a trade deal, its GDP will collapse by 4% almost overnight. That is the figure that has been produced in its own Dáil report. The Republic of Ireland’s largest trading partners are the United Kingdom—with which it will no longer have a free trade arrangement—the USA, Canada, India and Australia. Those trading partners are more important than the EU to the Republic of Ireland. In the area of fishing alone, 40% of the Republic’s fishing market is in our waters. If we close those waters to the Republic of Ireland, the Spanish and Portuguese boats and other boats from across the EU will be fishing in the Irish box rather than in our fishing waters. Ireland would soon find that its fishing trade had gone completely.

It is utter madness for the Republic of Ireland to make this a key issue, because a closed border would damage it more. It is not my party saying that it wants to build a border, and it is not the Unionists of Northern Ireland or Her Majesty’s Government. Who is going to build this border? Is it the Republic of Ireland? Is the EU going to instruct people to build it? We have indicated that there are other mechanisms by which we will control our border, and that is what we will do.

Finally, Mr Hoyle, much time has been taken discussing the regulatory consequences for Northern Ireland. Today at the Northern Ireland Affairs Committee, industry representatives agreed that perhaps the tables should be turned on the Irish Government and they should follow UK regulations post-Brexit, rather than us following EU regulations. I suggest that maybe the Irish should be the ones who compromise. The hon. Member for North East Fife (Stephen Gethins) said that he supports regulatory alignment, but he seems to support it only if it applies to the whole UK, and not if it applies solely to Northern Ireland. I think that matter should also be nailed.

Finally, Mr Hoyle—[Interruption.] Those words often galvanise, Mr Hoyle. The utter confusion that the Labour party has shown on this matter is what confuses me most. The economic spokesman, John McDonnell, has said that we must leave the single market in order to respect the referendum result. The deputy leader, Tom Watson, has said that we should stay in the single market and the customs union permanently. Jonathan Ashworth and Jenny Chapman, the Front-Bench spokesman here tonight, have said that we have to leave the single market. [Interruption.] Diane Abbott has said that we should keep freedom of movement—

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

Order. Mr Paisley, you know the rules on using Members’ names, and you did promise me that this was your final point. I think “Finally” is now here. You have two seconds before I call the next speaker.

[Ian Paisley]

The fact of the matter is that the utter confusion on the Opposition Front Bench on an issue as important as Brexit is only amplified when they give us this hand-wringing sanctity about supporting the Good Friday agreement but then give no evidence as to why provisions such as those proposed should be in the Bill.

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[Mr McFadden]

I am going to continue. The point about identity is crucial, because we have to understand that the Good Friday agreement’s effects were not just economic or governmental, but profoundly psychological. By enshrining these principles, the agreement turned a page. The great danger is that Brexit is seen as going back, and we must not go back in any sense of the term. So if hon. Members want to know why the amendment is important and why it is necessary, I say to them that that is why it is necessary. It is because we must hold dear to these principles in a new political context, where, for the first time in history, one country is going to be outside the European Union and its neighbour is going to be inside it. We have never had that before.

When the agreement was signed, it was different: both countries were members of the European Union. Twenty years on, we must guard against any complacency that would see the agreement as a 20-year-old document that can simply be put aside. The agreement was the basis for a new normality, which has not only saved many, many lives—although it certainly has done—but led to a new normality in trade, in relations between the UK and Ireland, and in relationships within Northern Ireland and on both sides of the border. There is peace, but it must not be taken for granted, be treated harshly or be subject to complacency. Great care must be taken.

The Minister and Government Members have, essentially, put forward two arguments for not accepting the new clause: first, that it is technically flawed and, secondly, that it is declaratory and does not add anything. Both those things cannot be true. The truth is that if the Minister wanted to avoid a vote tonight, he should have accepted the new clause. That would have shown that he was willing to legislate for what he said at the Dispatch Box. The excuses he has given for not accepting it are out of the standard book of Ministers’ excuses for not accepting amendments. He said, “I agree with the sentiment, but it is technically flawed. I will give the hon. Member a meeting.” Ministers have been standing at that Dispatch Box saying that kind of thing for decades. The truth is that if he wants to avoid a vote, he has to go much further and guarantee that he will legislate to put in the Bill a commitment to the Good Friday agreement in the new post-Brexit context in which it will have to operate. By doing that, he would be making a statement confirming that we hold dear to the beliefs enshrined in the agreement.

I return to the question of identity. Those in Northern Ireland should be able to choose freely to be British or Irish or both. Brexit must not become a divisive wall that separates those identities. It must not mean losing those all-important words “or both”, and all the beneficial consequences that have come from them.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I remind everybody that there are still 12 speakers to go.

[Mr Owen Paterson (North Shropshire) (Con)]

I apologise to you, Mr Hoyle, and to the Committee, for slipping out at a critical moment and missing part of the Minister’s speech.

I wish to address new clause 70, moved by the hon. Member for North Down (Lady Hermon). I wholly sympathise with the sentiments she expressed. I worked on Merseyside through the ’80s and ’90s, and I remember the bomb scares and the real horror. We did huge trade buying hides in Northern Ireland and southern Ireland, and I remember just how difficult and grim it was. I totally sympathise with all those who lived through it. I wholly concur with the hon. Lady’s tribute to her sadly late husband and all those in the Royal Ulster Constabulary, the security forces, the British Army—I proudly wear the wristband of the Royal Irish, which is stationed in my constituency and represents Irish men and women from every single one of the 32 counties—and the Ulster Defence Regiment who held the peace. Under intense, miserable provocation and terrorism, they enabled the peace process to take place.

It is worth remembering that there was extraordinary bipartisan unity in the House. John Major’s Government took some hideously difficult decisions, including to start talks while terrorism was still being conducted. The Labour party under Tony Blair took up the process, and that resulted in the Belfast agreement, but do not forget the bipartisan support in Dublin and Washington. It was the absolute unity among the two main parties in the three capitals that helped to bring about the peace. We have to pay tribute to all the local players who also had to swallow hugely difficult decisions. I pay particular tribute to Lord Trimble, who brought about the agreement.

It is at this stage that I shall mention the European Union. As the hon. Member for North Antrim (Ian Paisley) mentioned, the European Union is mentioned only twice in the Belfast agreement—first in the preamble and then in article 17 in a quick mention about the North South Ministerial Council. Obviously, the European Union has been supportive. There has been significant peace money. In the Government’s position paper, it is clear that that peace money could be continued after 2020.

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[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

We have 11 speakers left, with something like 20 minutes to go. It is just not going to happen if this continues.

[Tom Brake]

Unfortunately, I do not share the optimism of the right hon. Member for North Shropshire (Mr Paterson) about how easy it will be not to have a border between Ireland and Northern Ireland.

I will park Liberal Democrat amendments 144 and 147 on the basis that new clause 70 seeks, perhaps more effectively than my amendments, to ensure that the Good Friday agreement is honoured. Therefore, if the hon. Member for North Down (Lady Hermon) seeks to push her new clause to a vote, she could also have me as a Teller. I am not sure of the collective noun for Tellers, but a troop of Tellers would be available to her.

The hon. Lady illustrated, in a moving speech, the importance of the Good Friday agreement and ensuring that it is not damaged in any way. She did that with great credibility. She said that the impact of no deal on Northern Ireland could be catastrophic, reckless and dangerous. I was pleased to hear about her legal expertise in relation to the European Union. Now, she may not have heard this because she was on her feet at the time, but one of the DUP Members—I think it was the hon. Member for East Londonderry (Mr Campbell), who is no longer in his place—said, from a sedentary position, “That explains a lot.” I am sure that the hon. Member for East Londonderry will not mind me mentioning that because he meant, of course, that it explains why the hon. Member for North Down has as much in-depth legal knowledge about the European Union as she was clearly demonstrating in the debate. I am sure that the comment was not intended to be disrespectful. The hon. Lady has, indeed, set out her expertise in this matter during many debates in this place.

The hon. Member for North East Fife (Stephen Gethins) mentioned the role that the Scottish and Welsh Governments have played in engaging all parties in the process of drawing up amendments. I am aware of that and I very much welcome it. I agree with him entirely that that is something that, unfortunately, is not being reciprocated by our Government in this place. I made a very generous offer to the Secretary of State for Exiting the European Union. I said that I would sit down with him and go through the Liberal Democrat amendments, because I was sure that they could help him in seeking to achieve some improvements to the Bill. I made that generous offer on 24 October, but I am still waiting for a reply. If the Government want to engage, the willingness is there; they just need to respond positively.

The Minister said that the Government are very committed to the Good Friday agreement. I take him at his word—he is a Minister who says what he means and means what he says. I am not sure I can say that for all the other Members on the Government Front Bench. He could demonstrate that simply by putting it on the face of the Bill. Perhaps that is declaratory, but we often make declaratory legislation in this place. The commitment to 0.7% of gross national income for international development is perhaps an example of declaratory legislation that Members support.

I listened carefully to the Minister. I will support the hon. Member for North Down if she presses the new clause to a Division. One thing is certain: whether or not the European Union is mentioned or referred to in the Good Friday agreement, it is very clear that what the Government do in relation to the border between Ireland and Northern Ireland has a heavy bearing on the ability of Northern Ireland to maintain the relative peace and prosperity that it has experienced in recent years. I will not press my amendments to a vote.

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[Mr Chris Leslie (Nottingham East) (Lab/Co-op)]

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

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

New clause 80—Transparency of the financial settlement—

‘(1) Financial provision may be made for a financial settlement agreed as part of any withdrawal agreement under Article 50 of the Treaty of the European Union.

(2) Subsection 1 applies only if the financial settlement honours obligations incurred by the United Kingdom during the period of its membership of the EU.

(3) The Treasury must lay before both Houses of Parliament an estimate of the financial obligations incurred by the United Kingdom during the period of its membership of the EU, together with reports from the Office of Budget Responsibility, the National Audit Office and the Government Actuary each giving its independent assessment of the Treasury’s estimate.

(4) Any financial settlement payment to the European Commission or any other EU entity may be made only in accordance with regulations made by a Minister of the Crown.

(5) Regulations under subsection (4) may be made only if a draft of the regulations has been laid before, and approved by resolution of, the House of Commons.”

This new clause ensures that any financial settlement as part of leaving the EU must reflect obligations incurred by the UK during its membership of the EU, must be transparent, and must be approved by Parliament.

Amendment 54, in clause 12, page 9, line 4, at end insert—

‘(5) No payment shall be made to the European Union or its member states in respect of the making of a withdrawal agreement or a new Treaty with the European Union or any new settlement relating to arrangements that are to be made after exit day unless a draft of the instrument authorising the payment has been laid before, and approved by a resolution of the House of Commons.”

This amendment would ensure that there is a vote in the House of Commons to approve any settlement payment agreed by Ministers as a consequence of negotiations on a withdrawal agreement or new Treaty with the European Union.

Clause 12 stand part.

Amendment 152, in schedule 4, page 32, line 35, leave out “(among other things)”.

This amendment would limit the scope of regulations modifying the levying of fees or charges by regulatory bodies to only the effects set out in sub-sub-paragraphs (a), (b) and (c).

Amendment 339, leave out lines 1 to 3.

This amendment would remove the power of public authorities to levy fees or charges via tertiary legislation.

Amendment 340, page 33, line 3, at end insert—

‘(3A) Regulations under this paragraph may not be used to prescribe fees or charges that go beyond that which is necessary for recovering the direct cost of the provision of a service to the specific person (including any firm or individual) who is required to pay the relevant fee or charge.”

This amendment would prevent delegated powers from being used to levy taxes.

Amendment 153, page 35, line 8, at end insert—

‘(3) Modification of subordinate legislation under sub-paragraph (2) may not be made for the purposes of—

(a) creating a fee or charge that does not replicate a fee or charge levied by an EU entity on exit day, or

(b) increasing a fee or charge to an amount larger than an amount charged by an EU entity for the performance of the relevant function on exit day.”

This amendment would prevent Ministers using the power for public bodies to alter fees and charges either to create a fee or charge that does not currently exist for the purposes of EU regulators, or to increase a UK charge to be higher than an existing EU fee or charge.

That schedule 4 be the Fourth schedule to the Bill.

[Mr Leslie]

New clause 17 relates to clause 12 —[Interruption.]