European Union (Withdrawal) Bill

Mike Gapes Excerpts

Wednesday 13th June 2018 Commons Chamber

[James Cartlidge]

Not for the first time, I want to talk about the EEA. Just to be absolutely clear, the EEA arrangement is distinctly inferior to the bespoke, deep trade relationship that we would like to negotiate under what I would call plan A, which is the Prime Minister’s policy. Equally, however, it is distinctly superior to WTO rules, if we fail to get a deal and we need a fall-back position. I have always set out that view.

I just remind everyone of a key point that we might have overlooked. People say that they would not want free movement to continue after we leave the EU but, whatever happens, it will be continuing through the transition, and we will not even have an emergency brake, a vote or a say. Even an EFTA member will have a say through co-determination rights in the EEA. It also has to be said that the issue would still be under the jurisdiction of the ECJ, rather than the EFTA court, which is a non-political court.

I have always very much argued that we should support the Prime Minister because we want to get that bespoke deal, and I still believe we will get it—it is the best option available to this country, for all the reasons that have been set out, particularly by those who campaigned to leave. It would be very odd if someone took the view that I have and then, just on the eve of an important negotiation, voted to completely change the Government’s negotiating stance. We should be backing the Prime Minister to achieve that deal. The question is what would happen if we did not have one later in the year, and I sincerely hope that we do not get to that point. I simply warn colleagues not to trash this option too much. It is not so much about burning bridges; we could be concreting over the only escape hatch credibly left to us if we get into a crisis.

Let me just address the immigration point, because the hon. Member for Stoke-on-Trent Central (Gareth Snell) raised it in his very good speech. When I intervened on my hon. and learned Friend the Solicitor General, he confirmed that if we end free movement in this country, we also end the fact that we legally restrict unskilled immigration to people from the European Union and, effectively, open it up to 90% of world’s population. That is a legal fact; we will no longer discriminate. Although we will “control” it, it is non-EU immigration that is now rising sharply. EU migration is falling sharply. Why is it falling sharply? In my view, and from what I hear from employers—this is a very welcome thing—it is because the economies of Poland and Romania are growing, and the well-qualified people who have come here to work on farms and so forth are getting good jobs back in their own countries. My hon. Friend the Member for Shrewsbury and Atcham (Daniel Kawczynski), who is of Polish descent, is agreeing, and that is certainly the situation I have found.

We in this Chamber need to debate unskilled immigration: whether we open it up to everyone, whether we have a visa system and whether we ourselves expect to need visas when we travel within Europe. The EEA is a good backstop, but it is not the ideal long-term position, which is why we should vote to support the Prime Minister today.

[Mike Gapes (Ilford South) (Lab/Co-op)]

Two years ago, we were told that the EU’s unity would shatter, that we would be able to pick off individual countries and get a deal, and that the German manufacturing industry would change the German Government’s position. The reality is that the European Union has kept a consistent position throughout the negotiations. Why? Contrary to the belief of the right-wing Rexiteers and the ideological Lexiteers—we do have some—the European Union is a rules-based, treaty-based organisation for which the four freedoms of the single market are integral.

The idea that we can cherry-pick our relationship with a bespoke British deal, whereby we get the benefits of access to the single market without being a participant in the single market, is an illusion. Whether we have a red cake with great big red cherries or a blue cake with great big blue cherries, the fact is that we will not be able to eat that cake, because we cannot get a better deal or as good a deal as we have in the single market once we have left the European Union.

The reality is that the belief that we could somehow have a bespoke deal that is as good as what we have now was always a fantasy, and the reality is now coming to a head. Because we wasted so much time after triggering article 50, we have ended up in a position where the clock is ticking very, very dangerously. We still have time to stop this process. We still have time to put any deal—if we do get a deal—to the people. But at the end of the day, if we in this Parliament do not assert our control, we will face disaster.

I support Lords amendment 51 on the EEA simply because I think we need a backstop. I predict that we will come back to that issue in the future. I cannot support the Labour Front-Bench amendment to that amendment, because it would take out the EEA, and I will therefore abstain on it.

[David Duguid (Banff and Buchan) (Con)]

I rise to talk about Lords amendment 32. Unlike some of my fellow Scots who sit on the Opposition Benches, I will not pretend to speak for all of Scotland in this debate, but I will speak for my constituents, 54% of whom voted to leave the European Union. That should come as no surprise to those familiar with my constituency and its fishing communities. A University of Aberdeen study conducted before the EU referendum reported that 92% of British fishermen across the UK planned to vote leave. In a YouGov poll after the referendum, 79% of voters across the UK—not just fishermen—who expressed an opinion believed that the UK should leave the common fisheries policy. Some 16% agreed to a two-year transition period, and only 6% were in favour of remaining in the CFP.

I support Lords amendment 32, but I would like to clarify what it means for our fishing industry. The amendment does not in any way compromise control over our waters. We will still be leaving the CFP. We will not be subject to the European Fisheries Control Agency and neither will we be required to align with current or future EU fishing regulations. Although the amendment avoids the prevention of the UK replicating EU law if we so require, the UK Government’s ability to diverge from the EU and to pull out of EU agencies, including in areas such as fisheries or agriculture, should not be ignored or forgotten in the wake of the amendment.

The amendment stipulates that nothing in the Bill will prevent the UK from replicating in domestic law any EU law made after Brexit, or from continuing to participate in, or have a formal relationship with, EU agencies. More importantly, it does not require the UK to align with the EU or to participate in new agencies, and nor does it introduce a presumption that the UK will do so. It does not change the fact that the UK will automatically leave the CFP and regain its exclusive economic zone as an independent coastal state when we leave the EU.