European Union (Withdrawal) Acts
Debate between Nick Boles and Steve Barclay(5 years ago)
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Nick Boles (Grantham and Stamford) (Ind)
My right hon. Friend does not want to answer the question from the right hon. Member for Wantage (Mr Vaizey), so I will. If the Letwin amendment passes, and the Government bring forward the Bill at the start of next week and that Bill passes before 31 October, we will leave on 31 October without a delay. If the Letwin amendment fails, and the Government bring forward the Bill and some people in the ERG, such as the hon. Member for Basildon and Billericay (Mr Baron), suddenly discover that they prefer the idea of a no-deal Brexit and the Bill fails, we will leave on 31 October with no deal.
Stephen Barclay
The problem with the hon. Gentleman’s argument is that it is at odds with the argument put forward by the right hon. and learned Member for Beaconsfield (Mr Grieve), who says that we need to pass this amendment to have more scrutiny and delay and to take much longer, yet the hon. Gentleman says that we need the amendment to be able to leave on —[Interruption.]
EU: Withdrawal and Future Relationship (Motions)
Debate between Nick Boles and Steve Barclay(5 years, 7 months ago)
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Stephen Barclay
I will come to the hon. and learned Lady’s motion to revoke in due course. I will take the motions in the order that Mr Speaker selected them. Turning to motion (L) from the hon. and learned Member for Edinburgh South West, which deals with revoking article 50 after a vote on no deal on the penultimate sitting day before exit day, it has long been the Government’s policy not to revoke article 50, and that position remains the same.
Motion (D) comes from my hon. Friend the Member for Grantham and Stamford (Nick Boles). He is a good friend, and I know that he tabled it in the spirit of trying to seek a solution for the House, but the fact that the labelling of his suggestion has been through so many different terms—Norway for now, Norway, Canada, EEA-plus, Norway-plus—draws attention to the point made by my hon. Friend the Member for Croydon South (Chris Philp), which is that there are several problems with the proposal. To take issue with two specific points, paragraph (1)(b) refers to
“continuing status as a party to the European Economic Area Agreement”,
but I gently say that that is factually incorrect. The United Kingdom is a member of the EEA only through its membership of the EU, and therefore—[Interruption.] My hon. Friend the Member for Grantham and Stamford shakes his head, but that is the clear position of Her Majesty’s Government.
Stephen Barclay
Given that it is my hon. Friend, I will take one further intervention.
Nick Boles
I will be brief. My right hon. Friend is correct to say that this is a legally disputed point. There are lawyers who agree with him, but I can cite Sir Alan Dashwood, QC, the leading silk on EU law, and George Peretz, QC, the leading silk on EFTA law, who both disagree with him.
Stephen Barclay
As a former respected Minister, my hon. Friend will know that I am stating the clear position of the Government Law Officers. The same point also relates to the meat of motion (H), because line 5 states that we need to give notice to leave the EEA, which is not the case.
The second issue with motion (D) is that paragraph (1)(e) states that freedom of movement can be restricted to those “genuinely seeking work” or those with “sufficient resources”. Again, that is just incorrect. The existing position as a member of the EU28 is that controls can be put in place, but that has not happened because of how the UK operates. We do not have a registration or ID system or an insurance-based health system, so there are reasons why such controls are not used. With respect, the proposal is a fig leaf to disguise the fact that his solution requires the continuation of freedom of movement.