EU Withdrawal Joint Committee: Oversight

Martin Whitfield Excerpts
Wednesday 20th March 2019

(5 years ago)

Commons Chamber
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Kwasi Kwarteng Portrait Kwasi Kwarteng
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What I would say to my hon. Friend in respect of his question is that we were in the EU for 46 years. During that time we were absolutely and totally 100% under the jurisdiction of the EU. The withdrawal agreement essentially seeks to get a tunnel, or a pipe, away from that jurisdiction into a situation where we have left the EU absolutely. Now, my own understanding is that this is a wholly unique set of circumstances. In that respect, the withdrawal agreement seeks to be transitional—it is trying to get from state a to state b—so it is understandable that we will not be able to get immediate freedom, if that is how he would put it, but the withdrawal agreement substantially gets us from one state to another. If it is endorsed, I think we will be able to proceed in an orderly way out of the EU.

Martin Whitfield Portrait Martin Whitfield (East Lothian) (Lab)
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The Minister speaks about mutual consent, but where there is mutual consent there are never any problems. The problems come when that consent breaks down. With the Joint Committee, is it not correct that, surely, where mutuality of consent breaks down the final arbiter will be the European Court of Justice, irrespective of why the arguments arise?

Kwasi Kwarteng Portrait Kwasi Kwarteng
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That refers to circumstances that relate to EU law. There will be other points of dispute that do not involve EU law. It is clear that after the end of the implementation period the Court’s jurisdiction will be restricted.