European Union (Withdrawal) Act
Mark Hendrick Excerpts(5 years, 10 months ago)
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Dr Fox
I will make some progress. I am cognisant of the fact that some 80 Members are down to speak in tonight’s debate.
In coming to these deliberations, the House should also be under no illusion that the United Kingdom could somehow retain the status quo of its EU membership. This is not possible. It was not possible even before the referendum was called, because the EU itself is changing. The EU is committed, let us remember, to ever closer union. Even since the referendum, there have been calls to move to qualified majority voting in areas from VAT to common foreign policy. These may indeed be right for those who wish to move towards greater integration, but they are not the right course for our country. Remaining in the European Union would be either to tie the United Kingdom into a more integrationist future or to create ever more tension and friction between ourselves and our European partners.
Sir Mark Hendrick (Preston) (Lab/Co-op)
Can the Secretary of State tell the House whether he believes that a deal with the United States would be one of the easiest in human history?
Dr Fox
No one who has ever done a negotiation with the United States would use the word “easy” to describe it. That is something that comes across rather quickly to anyone who has had to deal with the United States trade negotiators. It is different, however, from negotiating a trade agreement with the European Union, the difference being that if we are looking at a free trade agreement with the United States, we have to diminish the regulatory and legal differences to get closer to a trade agreement. With the European Union, we begin from identity of regulation and legislation on our trading relationship, which should technically make it much simpler.
What we do not want to do is introduce unnecessary friction and tension. Sadly, that is something that both the Labour leader and the hon. Member for Brent North (Barry Gardiner), the shadow Trade Secretary, as well as the rest of the Opposition, have failed to understand.
As has been made clear on numerous occasions, there could be no joint decision making on trade agreements if the UK is outside the EU in the way that the Labour party pretends there can be. There would be no fully independent trade policy as part of the EU customs union, and the Labour party has absolutely no chance—none, zilch, zero—of negotiating a better deal than the one we have now. There is no need to take my word for it. In response to accusations that Labour’s trade policy was “total fantasy”, Jean-Claude Piris, the long-serving former director general of the EU Council’s legal service, said:
“Obviously this is ruled out. It is contrary to the basic EU principle of autonomy of decision making. Don’t even think about it!”
The Labour party clearly has not thought about it to any satisfactory degree.
Labour’s policy, in so far as I understood it following the Leader of the Opposition’s interview yesterday on “The Andrew Marr Show”, is that Labour intends to hold a general election and potentially another referendum, including all the legislation that would be required for that, all within 72 days of tomorrow’s vote in order to carry out their fantasy policy proposals. It is a total shambles for an Opposition. If they think they could take that to the British public in a general election, they are even more foolish and naive than I had previously considered them to be.
Sir Mark Hendrick (Preston) (Lab/Co-op)
The Prime Minister, in interpreting the outcome of the referendum and handling negotiations with the EU, has fought to keep everyone in the dark for most of the past two years. It was only late on in the process, when beginning to look at negotiating the withdrawal agreement, that she came forward with the so-called Chequers plan. The plan was clearly meant to strike a balance between what her Brexiteer Back Benchers would accept and what she felt she could successfully negotiate with the European Union. The final outcome clearly satisfies the latter—hence the deal, which has enraged a large proportion of her own party and certainly the vast majority of Opposition Members, who want a much closer economic and political relationship with the EU. That is not currently on offer.
If the Prime Minister had sought to engage with Parliament over the past two years rather than simply saying what she felt the referendum meant to her, and if she had informed Parliament towards the end about what she was doing, we would not be in the mess we are in today. Any progress on this matter will require consensus across the House, and not the take-it-or-leave-it approach amounting to blackmail that the Prime Minister is trying to pursue. The political declaration following the withdrawal agreement is deficient in terms of its commitment to the UK and the single market, and it also contains no mention of the customs union. To vote for this deal tomorrow would be to approve an approach to the negotiation of a trade deal in which the likely outcome with regard to the single market is unknown and in which the customs union has clearly been ruled out. This is clearly leading to a hard Brexit.
As other Members have said, the clock is running down and we have little time to come up with an alternative before 29 March. It is therefore essential that the Government seek an extension to article 50 to give us more time or, if necessary, even revoke article 50 until Parliament or the people of this country have finally decided what sort of an arrangement with the European Union this country should have. The people of this country who voted in the referendum in June 2016 could not have known all the consequences of their vote at the time, or the likely impact on jobs and prosperity in this country. Any politicians who tried to warn them of this were described as scaremongers or pursuers of “Project Fear”. Much of what the remain campaign said at the time has either become true—including a heavily devalued pound, the flight of capital from the country and job losses in key industries—or it is on the way to becoming true, should we leave on 29 March.
When the Prime Minister’s deal is rejected at the end of this debate tomorrow evening, we will be in a situation in which, in the past, a Prime Minister would have considered resigning or calling a general election. I do not expect either of those events to take place, because this Prime Minister’s track record is one of stubbornness and disregard. However, I do expect her to come forward sometime soon after with her plan B, which must include either the extension or revocation of article 50. In addition, there must be a genuine attempt to involve Parliament in finding a way forward that can form the basis of further discussions with the European Union around realistic arrangements for UK access to the single market and membership of a customs union. The European Union has said that this deal is the final deal and it will not negotiate another one, but it would say that, wouldn’t it? If Parliament can come to a consensus and the Prime Minister can respect that consensus, the EU must give serious consideration to that consensus. The Prime Minister should continue to work on that basis. If she cannot do so, she should call a general election and let the people decide.
European Affairs
Mark Hendrick Excerpts(6 years, 8 months ago)
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Sir Mark Hendrick (Preston) (Lab/Co-op)
It is a pleasure to follow the hon. Member for Eddisbury (Antoinette Sandbach), whose thinking in some respects is very similar to mine.
Unfortunately, we are in a situation in which a Conservative Government find themselves in the unenviable position of not having a majority in Parliament while there are big divisions among their Back Benchers. They have an arrogant disregard for the practical realities they face, particularly with regard to their negotiation stance with the EU27 on Brexit. From “Brexit means Brexit” to “deep and special relationship”, and now “managed divergence”, it is clear that the Prime Minister is trying to find forms of words that will hold her party together, rather than producing a firm negotiating stance that is clearly understood by the EU and has a reasonable chance of success.
The marriage of convenience between the Conservative party and the Democratic Unionist party can be sustained only by the additional payment of £1 billion to Northern Ireland and an agreement over not having a hard border between Northern Ireland and the Republic of Ireland. This marriage is predicated, obviously, not only on a payment from the Exchequer to Belfast, but on the understanding that the free movement of goods, services and people across the border between the north and south of Ireland can be negotiated successfully with the EU27 without the UK having access to the single market or being in the customs union. Currently, that seems highly unlikely at best, and impossible at worst.
Without an agreement on access to the single market, as well as some agreement on a customs union, it is difficult to see how the Democratic Unionists can avoid a hard border. Current indications from Brussels give the impression that the EU27 will not be willing to agree on an open border unless there is some agreement in those two areas. All in all, the Government have a huge mountain to climb, are badly equipped to do so, and seem to think that the solution is to placate their own Back Benchers, rather than carrying out serious negotiations with our European neighbours.
It is now 21 months since the referendum and there is still little agreement between the EU and the UK on many key issues. The leave campaign promised that an extra £350 million a week could be spent on the NHS if we left the European Union. We now find a Government with a Foreign Secretary who was one of the leaders of the leave campaign and who said that the EU could “go whistle” when it became clear that the UK had to pay to leave the European Union to meet obligations that had already been agreed with the EU. On the contrary, the Government have now agreed to pay £40 billion to £50 billion to exit the EU. That is in sharp contrast to the £350 million a week that was going to come back into the NHS.
The so-called “sufficient progress” that was claimed to have been made in the first phase of Brexit still overlooks the details of what would be required to deal with a hard border with Ireland and to guarantee citizens’ rights in a manner acceptable to the UK and the EU. Within the phase 2 negotiations that should focus on the framework of a future relationship, we find that the EU is focusing on a “framework” while the UK talks about a “future relationship”. Little seems to be agreed about whether the transitional deal can be extended beyond two years, and a date of October this year to formalise talks on a transition is far too late to give businesses throughout the UK any sort of certainty about how they can continue to conduct business with companies in the EU27 states.
My view is similar to that of the hon. Member for Eddisbury: the UK should have adopted a negotiating stance of realising an outcome similar to the position of Norway, which has access to the single market despite the fact that it is not a member of the EU. On top of that, I would have liked to have seen a discussion about a customs union that would be far better than Turkey’s, which we could have negotiated with the EU27 in good faith. However, we have a Prime Minister who says that we do not want to be in the single market or the customs union. She wants a bespoke trade deal just for the UK, but she seems oblivious to the fact that such a proposal would seriously undermine the European single market and is therefore totally unacceptable to the EU.
The introduction of the concept of “managed divergence” seems to be more about managing the diverse range of views among Conservative Back Benchers than managing emerging differences between EU and UK regulations. The Chequers Brexit awayday, which was held to achieve a truce between the warring factions of the Conservative party, resulted in a negotiating stance of “ambitious managed divergence”. That form of words satisfied both the Brexiteers and the remainers, but it will find no support in the EU27 when these hard-headed negotiations finally get going.
The EU wants the Prime Minister to come forward with her vision of a future relationship between the EU and the UK. The managed divergence she talks about is known as the “three basket” approach, because it has three tiers: a core tier, where the UK would agree to align fully with EU regulations and adopt new rules automatically; a middle tier, where there would be a form of managed mutual recognition of rules, such as for environmental protection; and an outer tier, where the UK would be free to diverge from EU rules with no consequences for market access, whether or not those areas are in the single market’s acquis. The notion that the EU will be willing to accept three baskets of regulations in its trading arrangements with the UK is delusional and makes the British Government themselves look like a basket case.
This whole Brexit catastrophe is like watching a car crash in slow motion, except that the driver, the Prime Minister, is holding her hands over her eyes and trying to convince the passengers—her own party and the public—that everything will turn out fine. It can only result in humiliation for the Prime Minister when it is made clear that managed divergence is not acceptable and that this inflexible attitude towards the single market, the customs union and, for that matter, the European Court of Justice cannot continue. One can envisage the outcome being a hard Brexit. That hard Brexit is the favoured option of some of the Brexiteers in her party, but it could destroy any hope of a soft border between the north and the south of Ireland.
The Prime Minster should stiffen her resolve and tell her recalcitrant Back Benchers that our trading relationship with the EU is still important, even though we are leaving the EU. She should get down to serious negotiations that will preserve jobs and businesses up and down this country, instead of leading us off a cliff edge that will result in a WTO-style agreement.