Progress on EU Negotiations

Owen Paterson Excerpts

Thursday 22nd November 2018 Commons Chamber

[The Prime Minister]

This political declaration asserts the sovereignty of both sides of the agreement—the United Kingdom and the European Union—because that is exactly what will persist. We will be a sovereign nation. We will no longer be under the jurisdiction of the European Court of Justice. There are circumstances where a point that is being looked at—for example, in arbitration—is considered to be a matter of the interpretation of European Union law. There is one body that interprets European Union law: that is the European Court of Justice. What we make clear is that, in those circumstances, the arbitration panel may ask the European Court of Justice for an opinion on the interpretation of European Union law; the arbitration panel will then consider its decision in the light of that opinion.

[Mr Owen Paterson (North Shropshire) (Con)]

I am grateful to the Prime Minister for her movement in paragraphs 26 and 27, taking on board our proposals to use on the Irish border modern techniques and processes used elsewhere, but—there is a big but in this—as long as the backstop exists in a legally binding document, there is a danger that, should talks fail, the backstop becomes accepted and we have the horror of being in the customs union, the horror of Northern Ireland being split off under a different regime. As I saw in Washington this week, if we cannot control our tariffs and our regulatory regime, we cannot do free trade deals with other countries. At this late stage, will she consider withdrawing the backstop from the legally binding draft document and replacing it with the draft trade facilitation chapter and border protocol that we gave her earlier in the week, and making that legally binding so it could become the new backstop?

[The Prime Minister]

As I have indicated, I am grateful to my right hon. Friend and to my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith) for the work they have been doing on this issue.

In the withdrawal agreement we negotiated a specific reference to alternative arrangements that enables us to work up those alternative arrangements such that they will be, as the name suggests, an alternative to the arrangements for the backstop, or would enable us to come out of the backstop if we had started down that route.

I continue to say to my hon. and right hon. Friends, and to Members of this House more widely, that it is the firm determination of this Government, and indeed it is the determination of the European Union, that we will work to ensure that we have the future relationship arranged and able to be in place by 1 January 2021. It is not the case that there is a sense in which the backstop is automatic. The backstop is not automatic. There are alternatives to the backstop, and the United Kingdom can choose those alternatives. There are pros and cons to those alternatives and, when the time comes, obviously the choice will measure those pros and cons, but what matters is that it will not be the case that the only way to deal with the interim period is through the backstop; it can be dealt with by alternative arrangements, or by an extension to the implementation period.