European Union (Withdrawal) Act

Mark Harper Excerpts

Wednesday 5th December 2018 Commons Chamber

[Mr Mark Harper (Forest of Dean) (Con)]

One of the things we are seeking to do as we leave the European Union is to make sure that we do not have a hard border between Northern Ireland and the Republic of Ireland. The way I think we should solve that—I think this is the Government’s position—is to have a free trade agreement. The problem I have is the backstop in the withdrawal agreement.

The Prime Minister was clear that a backstop that treated Northern Ireland differently and put a border in the Irish sea was unacceptable and not something any British Prime Minister could sign off. I am afraid to say that she has done exactly that. I was not 100% convinced of that, based on my own analysis of the withdrawal agreement. I am just a humble accountant, not an expert lawyer. This morning, however, I read the legal advice—the letter from the Attorney General to the Prime Minister about the legal effect of the protocol. Paragraph 7 is plain and clear:

“NI remains in the EU’s Customs Union, and will apply the whole of the EU’s customs acquis, and the Commission and the CJEU will continue to have jurisdiction”

over it, and:

“Goods passing from GB to NI will be subject to a declaration process.”

That means that, if a company in my constituency wins an order with a business in Northern Ireland—in our own country—it will have to have the deal signed off by a British bureaucrat, and if our rules in Great Britain have deviated from those in Northern Ireland, it may be told that it cannot ship that order to a part of our own country. I do not find that acceptable. I think the Prime Minister was right when she said that no UK Prime Minister should sign off such a deal. I still stick to that, which is why I will not be able to support the withdrawal agreement as it is currently set out. This is the first time in my 13 years in this House that I will not be able to support my party. I regret that. I also regret being put in a position where, in order to hold to the promises that we made in our general election manifesto to the people of our country last year, I am forced to vote against a proposition put before this House by my Prime Minister. But I think it is important in politics that we keep our promises because that is how we maintain the trust of the British people. Breaking our promises is not something we should do.

Furthermore, the backstop is also of concern for those who may not be concerned about Northern Ireland because of the indefinite nature of it. The Attorney General set out earlier this week the indefinite nature of the customs union if the backstop is triggered. I fear that that will critically weaken our negotiating position as we negotiate the future trade relationship, which I agree with my right hon. Friend the Member for Preseli Pembrokeshire (Stephen Crabb) is the thing that is really important. But if we cripple our negotiating position, we will end up with a very bad future relationship, which will stick with us not just for years, but potentially for decades.

The legal advice we have now seen—published this morning—is, again, clear. The Attorney General makes it clear that

“despite statements in the Protocol that it is not intended to be permanent, and the clear intention of the parties that it should be replaced by alternative, permanent arrangements, in international law the Protocol would endure indefinitely until a superseding agreement took its place”.

He also makes it clear that there is no mechanism that will enable us to leave the UK-wide customs union “without a subsequent agreement” and that

“remains the case even if parties are still negotiating many years later, and even if the parties believe that talks have…broken down and there is no prospect of a future relationship agreement.”

[Sir Robert Syms (Poole) (Con)]

If in this country somebody had a contract of employment where only one of the parties could end the agreement, or if they had a business contract where only one party could end the agreement, it would be indenture and would be struck down by the British courts, yet we are contemplating an international treaty where that is the case.

[Mr Harper]

I completely agree with my hon. Friend. That is not a contract I would be willing to sign and I am afraid that is why I cannot sign up to this withdrawal agreement. It is also the case that the withdrawal agreement will hand over about £39 billion in an unconditional way. I think that most people who carry out negotiations generally do not hand over all the money until they have a deal. We should make the money conditional on both getting a good deal and getting a good deal on a timely basis. If we were to do that, we would get a good deal on a timely basis.

There may be before the House amendments to the motions and extra words may be added to the political declaration, but what we are being asked to vote on is a legally binding treaty—the withdrawal agreement. Unless that is changed, words added to the political declaration and any extra words on the motions before this House are legally meaningless. I do not think they are capable of persuading colleagues who are concerned about the withdrawal agreement that they have significantly changed the position.

[Stephen Crabb]

My right hon. Friend is making a clear and compelling speech. Given that it has been pretty clear for 12 months that the withdrawal agreement would include a Northern Irish backstop and that that would have some teeth to it, and that there was no way that the EU or the Irish Government were going to agree to a backstop with an end date because then it would not be a backstop, how does he propose that we overcome that problem? What does voting down the deal next Tuesday do to make a solution to the problem he sets out any more likely?

[Mr Harper]

First, there were two aspects to the joint report that was signed. We have delivered one of them in the withdrawal agreement. The other one was about ensuring that unfettered access to the United Kingdom market remained in place. That may well be true for Northern Ireland businesses, but it is not true for businesses in Great Britain. So we have not delivered, according to the Attorney General’s advice, on that joint report in this withdrawal agreement.

The Irish Government, the British Government and the EU have all said that they do not want to see a hard border or infrastructure—we are all committed to that and we are all supposed to be committed to reaching a deal on a future relationship—so I do not see any need to have the backstop in this deal. It is clear to me that, if the backstop remains in the deal, the Prime Minister will not be able to get it through the House. If the Cabinet’s deal is defeated—this is the Cabinet’s agreement, not just the Prime Minister’s—the Prime Minister should go to the European Council at the end of next week and say that any deal with the backstop will not be passed by this House and that they should think again. I think they will reflect on the fact that, if the fifth largest economy in the world and a close defence and security partner is leaving the EU, they have a choice: do we leave with a good, positive relationship on which we can build in the months and years to come, or do we leave with a spirit of rancour and discord? That is something our European partners will have to reflect on. I hope that, if they reflect on that, they will reach a wise and sensible decision and we can reach a sensible agreement.

My final point is aimed more at my Conservative colleagues. Because of the importance of Northern Ireland, my colleagues need to reflect on the fact that, if the deal were voted through next week, it is my belief, having listened carefully to what they have said, that the relationship between our Democratic Unionist party allies and the Prime Minister would be fractured beyond repair and what we saw yesterday, when we were defeated three times in this House, will be a state of affairs repeated on a number of occasions day after day after day. I think we would be in office but unable to govern our country effectively. Colleagues need to think about that.

It is not too late for the Prime Minister to think again, to come before the House before the vote on Tuesday and to say that she is going to change the withdrawal agreement and deliver that message to our European partners. If she does that and the withdrawal agreement is changed, I for one will happily support the Government, and I believe that the majority of MPs in this House will do so. It will unify our party and bring our DUP allies back with us. If she does that, she will have my support. If she does not, I regret that, for the first time in my 13 years in Parliament, I will be unable to support the leader of my party and the Prime Minister of my country.