United Kingdom’s Withdrawal from the European Union

Nick Thomas-Symonds Excerpts

Friday 29th March 2019 Commons Chamber

[Nick Thomas-Symonds (Torfaen) (Lab)]

Members of this House secured a proper meaningful vote for a purpose. It was so that this House would be able to make an informed judgment on the future of our whole country. The point was to know not only the terms of the withdrawal but what the future relationship would look like—a future relationship that would shape our economy and our constituents’ jobs and livelihoods for decades to come. To consider those two things together is vital; it is what this House should rightly expect, and what has always been promised, because it is central to the whole process.

Article 50 itself says:

“the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union.”

If we look at the withdrawal agreement, article 184 specifically refers to the political declaration and even identifies the particular document.

In their letter to the Prime Minister of 14 January, Presidents Juncker and Tusk said this:

“As for the link between the Withdrawal Agreement and the Political Declaration, to which you make reference in your letter, it can be made clear that these two documents, while being of a different nature, are part of the same negotiated package. In order to underline the close relationship between the two texts, they can be published side by side in the Official Journal in a manner reflecting the link between the two as provided for in Article 50”.

It is also what the Prime Minister herself has always said. On “Sophy Ridge” on 21 November last year, this was her view:

“we agreed the withdrawal agreement in principle last week, the withdrawal agreement goes alongside the future relationship, it’s the future relationship that actually delivers, if you like, on people’s concerns in the withdrawal agreement.”

[Neil O'Brien (Harborough) (Con)]

rose—

[Nick Thomas-Symonds]

I will give way in a moment. I will just finish this part of my speech.

The Prime Minister continued:

“Getting that future relationship right is necessary but nothing’s agreed until everything is agreed.”

She is not known for her flexibility, so, unsurprisingly, on 14 January in the House, she said again:

“the link between them means that the commitments of one cannot be banked without the commitments of the other.”

[Simon Hoare (North Dorset) (Con)]

rose—

[Nick Thomas-Symonds]

Let me finish this section.

The Prime Minister went on:

“The EU has been clear that they come as a package. Bad faith by either side in negotiating the legal instruments that will deliver the future relationship laid out in the political declaration would be a breach of their legal obligations under the withdrawal agreement.”—[Official Report, 14 January 2019; Vol. 652, c. 826.]

How many times have I heard the Attorney General argue from the Dispatch Box, when we have spoken about the backstop and the future relationship, about the importance of reasonable endeavours and good faith in ensuring that we secure a future trade agreement in good time? Yet the Government have now decided to remove from our consideration in the motion today one of the documents against which we can judge bad faith.

[Alex Chalk (Cheltenham) (Con)]

The fact is that the withdrawal agreement would be accepted by the European Union—that is the first point. The second point is that it sorts out the implementation period and the money and, crucially, that it guarantees citizens’ rights for my constituents, EU nationals and Brits abroad. Which of those factors does the hon. Gentleman actually disagree with? The answer is none.

[Hon. Members]

Answer!

[Nick Thomas-Symonds]

I will answer. We used to say that the political declaration was so vague that it was a blindfold Brexit. However, we also now know, because the Prime Minister has made it clear that she intends to leave office, that rather than this just being a blindfold Brexit, the Tory party is asking us not only to be blindfolded but to be led into a different room by a different Tory Prime Minister. Let us be clear: this will be a Prime Minister ultimately chosen by Conservative party members, who constitute a tiny part of the wider electorate. The Tory party can talk about the national interest, but it is not in the national interest for the future of our country to be decided by a Tory leadership contest.

[Mary Creagh (Wakefield) (Lab)]

I thank my hon. Friend for giving way. He is making excellent points and, in the process, demolishing the premise of the Attorney General’s request to the House today. The Attorney General did not take my intervention, but in his speech he promised mechanisms and processes to Parliament to guarantee a future say. We acted in good faith on section 13 of the European Union (Withdrawal) Act 2018, which put both these things together. With the Government today undermining that mechanism, why should we trust a word the Attorney General says?

[Nick Thomas-Symonds]

My hon. Friend is absolutely right. Let me be clear: Labour Members will never leave a Tory Prime Minister free to rip up workers’ rights and protections and to put the jobs and livelihoods of our constituents at risk in a Brexit that would be driven by ideology. As my hon. Friend set out, the motion before us today is clear, and the Attorney General is clear, that it does not even pretend to meet the requirements of section 13 of the European Union (Withdrawal) Act.

[Martin Whitfield (East Lothian) (Lab)]

In the cul-de-sac of certainty that the Government are announcing today, is it not possible that they might seek to appeal or revoke section 13 at some date, which would get them out of their problem?

[Nick Thomas-Symonds]

Given the Government’s conduct in negotiations in recent years, who knows? We can rule very little out.

[James Cartlidge (South Suffolk) (Con)]

I am grateful to my five-a-side colleague for giving way. Will he kindly tell us: which bits of the withdrawal agreement does he disagree with?

--- Later in debate ---

[Nick Thomas-Symonds]

We have always been clear: the two documents—the declaration and the withdrawal agreement—have to be taken together. The chicanery of this Government in trying to separate them does them no credit whatsoever. The Government can seek to blame others because they cannot carry out the statutory approval process in their own legislation, but we are here today because this Government have manifestly failed on their central policy over the past two years. The handling of the negotiations has been frankly disastrous.

The Prime Minister took office in July 2016. It was then that she could have tried, after the referendum, to build a cross-party consensus on the way forward. The Prime Minister did not. She called a general election in June 2017; she lost her majority. Knowing then that she was leading a minority Government, again, she could have reached out across this House, and she did not.

[Gloria De Piero (Ashfield) (Lab)]

People outside this Chamber will rightly wonder what on earth is going on today, so can my hon. Friend confirm, for the benefit of my constituents and the rest of the country, that the Labour party has voted repeatedly for Brexit, but for a different deal—for a Brexit that supports and protects jobs and workers? If the Conservatives would move their red lines a bit, we could honour the result of that referendum, as we all want to do.

[Nick Thomas-Symonds]

For months and months, my right hon. Friend the Leader of the Opposition, the shadow Brexit Secretary and many, many others have made it clear to the Prime Minister that if only she would change her red lines, we could reach a consensus on the way forward.

[Joanna Cherry (Edinburgh South West) (SNP)]

Does the hon. Gentleman agree that what we have heard today from the Attorney General is an attempt to dress up political shenanigans as a requirement to secure legal certainty, when in actual fact what the Government are trying to do is solve the Tory party’s political problems so that they can usher in an unelected right-wing Prime Minister to negotiate—[Interruption.] Shut up! [Interruption.]

[Joanna Cherry]

Perhaps hon. Members on the Government Benches would like to go and join the mob outside. What this is about today is an attempt to solve the Conservative party’s political problems and usher in a right-wing, unelected Tory Prime Minister to negotiate a Canada-style free trade agreement and a workers’ rights-free Singapore-style economy.

[Nick Thomas-Symonds]

We talk about political chicanery today, and the hon. and learned Lady is absolutely right. Remember, as well, that today’s was a non-binding motion. I appreciate that you have not chosen any amendments, Mr Speaker, but even if you had, they would not have been binding in any event and the Government could have wriggled out of them in due course.

--- Later in debate ---

[Jim McMahon]

It is entirely conceivable that the motion could be voted through today, but then when we are required to bring forward the meaningful vote, the exact same legislation could be voted down. What type of constitutional crisis would that create?

[Nick Thomas-Symonds]

My hon. Friend is absolutely right. This is promoting uncertainty rather than providing certainty.

[Simon Hoare]

rose—

[Nick Thomas-Symonds]

I will give way to the hon. Gentleman, but then I must make some progress.

[Simon Hoare]

I am very grateful to the hon. Gentleman for giving way. It was the EU Council itself that separated these two strands of the process. Both strands have to be delivered. The letter that he referred to from Presidents Tusk and Juncker, while referring to both parts of the package, in no way suggested that they had to be voted upon on the same day or simultaneously. May I put it gently to the hon. Gentleman that he is dancing on the head of a pin to provide a fig leaf?

[Nick Thomas-Symonds]

The hon. Gentleman should read section 13 of the EU withdrawal Act, which he voted for and which is very clear that the two documents have to be approved together.

[Several hon. Members rose—]

[Nick Thomas-Symonds]

I am going to make some progress; I have given way a number of times.

The Prime Minister signed off the withdrawal agreement and the political declaration in November. She was originally supposed to hold the meaningful vote on 11 December. Since the day she took the decision to abandon that vote—the day before it was due to take place—109 days have passed. She knew then that the deal was going to be defeated by a substantial margin, but she ploughed on. On 15 January, the Government suffered the biggest defeat in parliamentary history, by a margin of 230 votes, on the first meaningful vote. Two weeks later, on 29 January, the Prime Minister promised the House that she would change the withdrawal agreement:

“What I am talking about is not a further exchange of letters but a significant and legally binding change to the withdrawal agreement. Negotiating such a change will not be easy. It will involve reopening the withdrawal agreement”.—[Official Report, 29 January 2019; Vol. 653, c. 678.]

At this late stage in negotiations, any withdrawal agreement would have required the backstop. It was always totally unrealistic for the Prime Minister to pretend that she could drop the backstop entirely or make substantive changes to the withdrawal agreement, yet she wasted weeks and weeks on this fruitless pursuit, including voting for the amendment in the name of the hon. Member for Altrincham and Sale West (Sir Graham Brady), which required the Northern Ireland backstop to be replaced by “alternative arrangements”. Those arrangements have not been secured and they could never have been secured.

On 12 March, the Government suffered the fourth largest defeat in parliamentary history, by a margin of 149 votes, on the second meaningful vote. And now the Government are trying to carve out the withdrawal agreement, in a last-ditch attempt to save a botched deal that has failed to even come close to commanding the support of a majority of this House. This Prime Minister has recklessly run down the clock. She knows that her deal is unacceptable and she has failed time and time again to listen and to change course.

Too often this Government have ignored motions of this House. It took Parliament to fight for a meaningful vote on the two documents, the withdrawal agreement and the political declaration, to be considered together. To suggest that they should be considered separately now is to go back on what the Government have been saying about the importance of the link between them for months and months.

[Gareth Snell]

I thank my hon. Friend for giving way. As always, he is giving a fine performance at the Dispatch Box highlighting the Labour party’s position, but could I seek from him two points of clarity? As was made clear by my hon. Friend the Member for Ashfield (Gloria De Piero), the Labour party has on numerous occasions put forward what we consider to be an acceptable form of Brexit. If the Prime Minister were to relent on her red lines and accept that form of Brexit, and the Labour party were to consider that acceptable, can he confirm for me whether the Labour party would still consider that deal as requiring a confirmatory public vote? Secondly, when this deal fails this evening, our choice on 12 April will be no deal or a lengthy extension. Can he outline for me what length of extension the Labour party will be seeking and for what purpose?

[Nick Thomas-Symonds]

The purpose of the extension is always the critical issue. Let me just say, in respect of the issue of a—[Interruption.]

[Mr Speaker]

Order. Mr Seely, calm yourself. Your attempt to intervene was politely rejected. Do not holler across the Chamber, man. Calm yourself—Zen.

[Nick Thomas-Symonds]

I say to my hon. Friend that we have raised the idea of a comprehensive customs union for months and months. That has not been properly considered because of the Prime Minister; it is nothing to do with the Opposition. Let me be clear: we will never mortgage all our futures on the outcome of a Conservative party leadership contest which most Members have no control over at all and would have to sit back and watch.

Without the clarity and protections that we need in the political declaration, we should not approve this withdrawal agreement. Today’s vote is a shoddy gimmick from a desperate Government trying to hide away from the reality that a meaningful vote on the political declaration and the withdrawal agreement still needs to be brought back to the House. For months and months, the Prime Minister’s deal has simply created division and discord when we needed consensus on the way forward. The national interest is in building consensus for a future that protects the jobs and livelihoods of all our constituents. That is why the House should reject this motion.