European Union (Withdrawal) Act

Lord Goldsmith of Richmond Park Excerpts

Wednesday 5th December 2018 Commons Chamber

[Zac Goldsmith (Richmond Park) (Con)]

It is often said and has been said today, particularly by strong remainers, that we cannot possibly know why each of the 17.4 million or so people voted for Brexit. That is obvious, because there are any number of reasons why people voted leave, but we can be confident that few of them did so in the hope that we would end up with a deal like the one we are debating today. In a legalistic sense, the withdrawal agreement removes us from the EU, but for all intents and purposes its effect is to bind us to the rules of the EU while removing our ability to influence those rules.

I will not focus specifically on the transition period today, although it is certainly true that the EU is given vast, possibly unprecedented, powers over the UK during that time, and that is uncomfortable, but it could well be necessary. The issue is with what happens afterwards. It is also possible that, during the transition period, we will be able to agree a comprehensive free trade agreement with the EU and, as a consequence, we may be able to avoid the backstop, but that seems incredibly unlikely. The backstop effectively keeps us in the customs union and it subjects us to EU rules, with no UK say at all in framing those rules.

We have heard today from numerous speakers that the backstop would divide Northern Ireland from the rest of the UK and would prevent us from striking meaningful new free trade agreements with other countries. The Attorney General gave a magnificent performance in Parliament a couple of days ago, in which he described the backstop in three words: undesirable, unattractive and unsatisfactory.

But the biggest concern about the backstop is that we cannot leave it without the permission of the EU, which is not disputed. The question, then, is what incentive there is for the EU to negotiate in good faith. What would stop the backstop becoming a trap, by becoming the long-term basis for the UK-EU relationship? Given that any EU country could veto our departure from the backstop, the likelihood of being stuck in the backstop is surely very high indeed. We would have to wait until each and every EU country had its fill before agreeing finally to let us out. Yes, we could leave the backstop, as we have heard again and again, if we could prove that the EU is not acting in good faith, but what on earth does that even mean in practical terms?

The withdrawal agreement has united leavers and remainers in an extraordinary manner. I shared a platform a few weeks ago with the right hon. Member for Twickenham (Sir Vince Cable), my constituency neighbour, and it was the first time in two years that we have agreed on something relating to the EU.

We have known for some time that this deal has virtually no chance of making it through Parliament. We know that it jeopardises the Conservative party’s relationship with the DUP, which is critical to keeping the Government going. So it is odd that the Government continue so vehemently to flog what is so obviously a dead horse.

I do not agree that the choice is between this deal, no deal and no Brexit, and I do not agree with those people who gleefully hold up this deal as proof somehow that Brexit is impossible or a fantasy. All it really proves is that those in charge of conducting the negotiations have not succeeded. Mostly they have not succeeded because they are miserable about the referendum result and have treated the exercise as disaster management. They set out to look at all the risks of Brexit—of course there are risks in such a transition—but they have failed to look for the opportunities as well.

We are one of the biggest economies in the world. We are geographically well placed to continue playing a big role in world affairs. Our language is the global language. Our judiciary is trusted. Despite all the rubbish that is happening at the moment, our democracy remains the envy of the world. Our legal system provides more certainty and clarity than pretty much anywhere else in the world. And people want to live, work and raise families here.

Had we never joined the EU in the first place, does anyone honestly believe that it would not be biting off our hand to agree a comprehensive free trade agreement today? Of course it would. There is still time to pursue the option that Brussels was always expecting, and that makes the most sense for the world’s fifth largest economy: the foundation of a comprehensive free trade agreement based on mutual respect and mutual recognition.

There are many in this House who share my views about the deal but whose answer is to press for a second referendum, which would be madness. There was a consensus at the time of the referendum that the outcome would be honoured. Solemn promises from the Prime Minister were echoed on both sides of the House.

We all remember some people brashly saying that it did not matter how people voted because the EU would never let us out anyway. I remember those people being dismissed as if they were lunatics, but that did happen in Denmark, France and the Netherlands, and I think it happened twice in Ireland. I was one of the people who dismissed those concerns as conspiracy theories. How extraordinary and how depressing that there is now a real chance those people could have been right all along.

I understand that some people remain mortified by the outcome of the vote, and of course this place is filled with extremely clever people who could potentially find a clever way of stopping Brexit one way or another, but it would demonstrate a remarkable lack of wisdom. A failure to honour the referendum would surely cause an irreparable breakdown in the relationship between the people and the authorities. It would usher in a new era of extreme politics.

There is no reason why the UK should be immune to the trends that are plaguing almost every other country in Europe: in France, where Le Pen leads in the polls; in Germany, where the Alternative für Deutschland, founded in only 2013, is now the second biggest party; in Austria, where the Freedom party is part of the Government; and in Italy, Spain, Sweden, Greece and so on.

If the gut fear that so many people have, the feeling that the political elite simply cannot be trusted, is utterly and completely confirmed, where will those mainstream voters go? It is madness. It could possibly, potentially, perhaps be justified if something truly seismic had happened, but it has not. Millions of pounds have been poured into a campaign to undermine the referendum and make people fear every aspect of Brexit, but the polls have barely moved; they are still within the margin of error. I believe the Government are going to lose this vote next week, and I am afraid to say that I hope they lose it. Then, either this Prime Minister or, if she will not do it, another Prime Minister must take this deal back to the EU and change it.

[Catherine West (Hornsey and Wood Green) (Lab)]

It is pleasure to follow the hon. Member for Richmond Park (Zac Goldsmith), who I know prizes the environment highly, although he did not mention it in his speech, perhaps because it might not have gone along with his argument today, as he is a leaver.

[Zac Goldsmith]

I thank the hon. Lady for her kind words. She is right to say that I did not mention it, but I have given three lengthy speeches about why Brexit, if done properly, would be a boon—a great thing—for the environment.

[Catherine West]

I beg to disagree, but I will mention the environment later in my short speech, and it is a pleasure to follow the hon. Gentleman.

I wanted to start by talking about the language we have been using in recent days. The particular term that has caused a lot of concern in my constituency is “queue jumpers”, and I was pleased to hear that the Prime Minister apologised for that in the House the day before yesterday. We know that so many EU citizens in my constituency have been worried by that term. My right hon. Friend the Member for Tottenham (Mr Lammy) and I share the London Borough of Haringey, where 42,000 EU citizens are resident. They are friends, colleagues, NHS workers and neighbours, and they are a valued part of our diverse community. It is important that we in this House do not forget the importance of having that respectful debate, despite our differences of opinion and views.

Obviously, the economy has to be mentioned in relation to this deal, because many have warned about the danger of this deal. In particular, we know that the Governor of the Bank of England has said that all of the assessments identify significant negative outcomes for the economy, resulting in hard-working families facing food price hikes of 10%, businesses facing increased friction when trading and the country as a whole facing yet another recession. I find it difficult to believe that anybody could vote for a deal that could lead to another recession, given that we have not really recovered from the one in 2008, following the global financial crash.

Equally, we have no firm or clear commitments on participation in Europol and Eurojust, and several concerns about security arrangements, which have been highlighted by not only my right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott), but others. We know that human trafficking, international crime, drug smuggling, terrorism and illegal immigration are all issues that are tackled most effectively through deep and integrated international co-operation, which is, logically, done in particular with our closest neighbours.

On geopolitics, just a few weeks ago we marked the centenary of the armistice. It is not stretching things too far to bring that into this debate and say just how moving it was to see the German President lay a wreath at the Cenotaph. It was a reminder of the importance of internationalism, and the specific role the EU has played in maintaining peace across the continent and promoting that ideal worldwide. We speak about NATO, defence and security over and over again in this Chamber, but we all know that it is the people-to-people contact, the country-to-country contact, the Erasmus students and the internationalism that underpins that security and makes that relationship meaningful. At a time when the liberal order is once again under threat, with the rise of an expansionist Russia, a volatile American foreign policy and the far right once again on the march on the streets of Europe, as the hon. Member for Richmond Park mentioned, now is not the time to distance ourselves from our European friends.

It is abundantly clear that this deal cannot command a majority in this House, for the reasons I have set out, as well as others. Likewise, we all know that the destination of no deal will not be accepted by a majority of hon. Members. It is pleasing to see so many Members, regardless of which side of the EU referendum debate they are on, say today that no deal would be an act of vandalism. So where does that leave us? Like many Members from both sides of the House, I have continued to make the case for a second vote. The hon. Member for Richmond Park is quite right to say that we must respect the referendum result and must not be patronising about why people voted the way they did. In the same way, once the democracy switch is flicked, the only way to unflick it is to flick it off.

Earlier in the debate, the hon. Member for Totnes (Dr Wollaston) made a valuable contribution. If someone needs a hip replacement, they go to see the surgeon, and in consenting to the operation they know exactly what they are getting. A second meaningful vote for people would really help us Members of Parliament to make the decision. It would be completely different if we had a Parliament in which there was an overwhelming majority and it was clear as a bell, but given that the result was so close in June 2016 and that we are living through such unusual times in the House of Commons, it is important that the people assist us to make this crucial decision.

I welcome the fact that the shadow Chancellor, my right hon. Friend the Member for Hayes and Harlington (John McDonnell), and the shadow Brexit Secretary, my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer), have said that a second vote has not been taken off the table. I look forward to progress on that position.

On multiple occasions, the Prime Minister has refused to consider the option of a second referendum, on the basis that the decision was made in 2016, but nothing ever stands still in politics. As we go forward and see that each week we are losing £500 million from our economy, it is important to be a little more decisive and provide the opportunity, quite quickly, to have a second vote. We can then put the issue to bed and focus on other key issues, including the NHS, schools funding and universal credit—all the things that we know our constituents want us to get a wriggle on with.

I recognise the result of the referendum. As mentioned in my intervention on the hon. Member for Ribble Valley (Mr Evans), I have serious concerns about the way Vote Leave ran the campaign. I should emphasise that the illegitimate use of social media, which the Digital, Culture, Media and Sport Committee is now looking into, along with the questionable use of political donations and the question marks over whether some of the funds used may have come from abroad, are all crucial to our democracy. Each time we have a democratic exercise, we learn more from it. It is crucial that if we ask the public a further question on this issue, we get it right, maintain a positive tone and ensure that we have the best standards of democracy. I look forward to hearing other contributions and hope that we eventually get that second vote.