European Union (Withdrawal) Act 2018

Pat McFadden Excerpts

Tuesday 29th January 2019 Commons Chamber

[Hilary Benn]

I fear that my hon. Friend is right, as the Prime Minister will find out. She will have to return to the House, I suspect, and say, “I am sorry, but I could not get the thing to which some Members object removed.” I simply say that if Members do not want Northern Ireland and the rest of the United Kingdom to have different rules, and if they want to ensure that, in all circumstances, goods can flow freely without tariffs, delays, paperwork or checks then it is the political declaration that needs to be changed.

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

rose—

[Hilary Benn]

I will give way, but then I want to make progress.

[Mr McFadden]

In supporting amendment (n), the Prime Minister has driven a coach and horses through the deal that she asked us to endorse a fortnight ago. If my right hon. Friend is right that she cannot secure legal change in the withdrawal agreement, what can she come back with on 13 February?

[Hilary Benn]

Well, in truth, it is very hard to see what she can come back with if my right hon. Friend is correct in his assessment. It is odd, to put it very gently, that we are spending so much time on the backstop, which is something that the Government signed up to more than a year ago, when we really should be debating the most important issue: the future of our relationship with our European neighbours. The reason why the defeat was so large, certainly in relation to those on the Opposition Benches, is that we are not prepared to sign up to a deal that, far from giving the nation certainty about the future of that relationship, has shrouded it in fog and mist that is entirely of the Government’s own making. My preferred approach, as Members will probably know, is to be part of the European economic area and a customs union. Other Members have different views, which is why I put down the amendment calling for indicative votes as recommended by the Select Committee. Although the Prime Minister today appeared to be unenthusiastic about indicative votes, she spent most of her speech hoovering up indicative suggestions, mainly from those on her own Benches. I gently say to her that, one day, she may find herself climbing into the “little rubber life-raft”—to quote a former Prime Minister—of indicative votes. Until that central issue is addressed and until the Government are honest with the House about the choices that we have to make, we will continue to remain in our current state—businesses will continue to remain uncertain about their future and, frankly, the public will continue to ask us, “What on earth is going on?” That brings me to the amendments that seek to prevent us from leaving the EU without an agreement in just 59 days’ time.

--- Later in debate ---

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

The Prime Minister came along this afternoon and encouraged Parliament to drive a coach and horses through the agreement that she spent two years concluding and hour after hour at the Dispatch Box defending. She had a choice when the House rejected that agreement a couple of weeks ago. She could have tried to form a coalition across the House for common ground, but instead she chose to throw her lot in with the ERG to try to revise the backstop—something she has repeatedly said could not be done. She made it clear today that she is talking not just about the future political declaration but about legal change to the withdrawal agreement itself.

It should be remembered that this backstop is not some foreign imposition. The commitment to no hard border arises out of commitments that we have made as a country and that we repeated in the December 2017 phase 1 agreement with the European Union, but now we are committed to watering it down or doing something to undermine it.

I speak today to support the amendments tabled by my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), the right hon. and learned Member for Beaconsfield (Mr Grieve), my hon. Friend the Member for Leeds West (Rachel Reeves) and the right hon. Member for Meriden (Dame Caroline Spelman), which try to avoid no deal. There are two reasons why I think we should do that.

The first is responsibility. Leaving the European Union without a deal in place would have extremely damaging consequences for the country, and it is our duty as responsible politicians to try to avoid them. There has been a legion of warnings, so let me just mention a couple.

Last week, the chief executive of Airbus, which directly employs 14,000 people in the country and sustains many tens of thousands more jobs, including many in Wolverhampton’s valuable aerospace cluster, warned that leaving on the basis of no deal would be a disaster, and the ideology behind it was “madness”. For his pains, he was attacked on the basis of his nationality. What has happened to our politics when that is what happens?

Also last week, the Road Haulage Association warned of chaos in transport if we go down the no-deal route. Just yesterday, Britain’s major food retailers warned of both shortages of food and higher prices for consumers if no deal happens. Who will pay the price for that? Our constituents on low incomes, who cannot afford higher food prices, will pay, as a result of right-wing nationalist ideology.

[David T. C. Davies]

I visited the port of Holyhead with at least one of the right hon. Gentleman’s colleagues on Monday. They said that it was time that MPs dampened down the hysteria about no-deal Brexit, and that they were quite prepared for it. That is what the officials in the port of Holyhead said to us yesterday.

[Mr McFadden]

I am quoting the chief executive of Airbus, the Road Haulage Association and the country’s major food retailers. These are not my warnings—these are their warnings.

There was a time when such things would have carried some weight, but we are in a time when our politics has so changed that such warnings are simply dismissed as irrelevant. Even worse, there are voices who almost lust for the chaos. I believe that, as responsible politicians, we should not will an end that brings about job losses or rising prices for our constituents. It is not the rich, right-wing ideologues who will pay the price. It is people who work in the manufacturing industry and people who need affordable food prices in the shops.

There is a second reason to avoid no deal. There is the argument that somehow we just need to get this thing over the line; that people are bored of Brexit, and they just want this done. That is irresponsible. It is simply not the case that we will be able to stop talking about this on 30 March, because all the big questions about the future remain unanswered. They have not been left for another day because that is in the national interest; they have been left for another day because to make the fundamental choice would upset one part of the Conservative party and would mean the slaying of the Brexit unicorns.

Of course it is tempting to tick the box and get a deal—any deal—over the line. There is maybe part of us that wishes to say to our constituents, “We have delivered you Brexit, and if it turns out to be not what you wished, well, that is not our problem.” That is an irresponsible illusion. We do no service to the public if we try to pull the wool over their eyes in exchange for a quiet life for ourselves in the short term. I understand the temptations of it, because of course some people are angry and frustrated, but many more will be angry if we are not candid with them about the Brexit future ahead.

The second reason to avoid no deal and to have an extension is therefore the opportunity to give clarity on the future ahead. We have not done that so far. The Prime Minister’s strategy is to avoid that for party reasons, to run down the clock and to have all the questions answered later. We have a greater duty to the country and our constituents, and that is the reason to avoid the strategy of running down the clock and to use an extension for the purpose of giving clarity about the country’s future, on the basis of the reality of Brexit and not the irreconcilable promises made about it thus far.

Leaving the European Union

Pat McFadden Excerpts

Monday 21st January 2019 Commons Chamber

[The Prime Minister]

The political declaration sets out the framework for the negotiations in the future, but that has to be negotiated into legal text and, as I am sure my right hon. Friend knows, there are elements within that text which have not identified absolutely a particular position. In response to an earlier question, I referred to the balance between checks at borders and regulatory alignment. That is obviously a matter for the future negotiations.

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

The Prime Minister has set out today, and on many occasions in recent weeks, her implacable opposition to any kind of public vote to establish public consent to the terms on which we leave the European Union through a referendum. Is she as implacably opposed to a general election?

[The Prime Minister]

If the right hon. Gentleman had heard the speech that I made last week in the no-confidence debate, he would know that I made it absolutely clear that I do not believe that a general election is in the national interest at this time.

European Council

Pat McFadden Excerpts

Monday 17th December 2018 Commons Chamber

[The Prime Minister]

As I indicated in my statement, we will bring the vote back in the second week in January. It is our intention that the debate will start in the previous week, the first week of January. As I said earlier, I have listened to the House. Had I not listened to the House and started the work to try to get further assurances, I suspect hon. Members would have raised that issue. It is right that I and the Government are doing exactly what we said we would, which is work with the EU for those further political and legal assurances.

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

We now know what the plan is. Having failed to win support for the deal in Parliament and having failed to get any meaningful change to it at the EU Council last week, the Prime Minister now simply wants to run down the clock and intimidate Parliament into choosing between a bad deal and the disaster of no deal. I put it to the Prime Minister that it is wrong to threaten and intimidate Parliament in this way. More importantly, it is reckless to take options off the table, as she has tried to do today, that could prevent the disaster of no deal for the country.

[The Prime Minister]

Whatever the point at which this House faced the meaningful vote, it will be a decision for Members of this House as to whether to accept the deal or—[Interruption.] There are some who would prefer to see action taken so that we do not leave the European Union—I think that would be wrong. What I believe is right is that we deliver on the referendum. The question will be for Members of this House as to whether they accept that responsibility, and to come to a decision. At the moment, there have been lots of ideas around this House about what should happen, but no alternatives that actually deliver on the referendum in a way that protects jobs. That is what the deal does, but it will be a decision for individual Members of this House to bear the responsibility that they have.

Exiting the European Union: Meaningful Vote

Pat McFadden Excerpts

Tuesday 11th December 2018 Commons Chamber

[Sir Bernard Jenkin]

Let us now dispose of the dangerous idea that there can be some disingenuous second people’s vote to try to force remain back on to the agenda. Who with any authority suggested in 2016 that the question would be only a dry run?

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

Boris.

[Sir Bernard Jenkin]

No, he did not.

The House of Commons voted by 544 votes to 53 to give a clear choice of remain or leave to the voters. The 2016 referendum was the people’s choice. Before there is a fresh motion, I gently remind the House, as one who campaigned for and voted leave and on behalf of the majority who voted in the referendum, that we voted leave and we want leave. Despite all the false warnings that a leave vote would wreak havoc on the economy, a majority of us voted to leave. We represent at least 400 of the constituencies represented in this House. We also represent a broad cross-section of society.

--- Later in debate ---

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

The Minister today, and the Prime Minister yesterday, talked about the importance of honesty in the debate. I agree, but my contention is that a lack of honesty and candour about the reality of what the Government are trying to do has been largely responsible for their ending up in this position.

Let us take the issue of the backstop. The backstop is only there if a treaty is not agreed that does the same job as the backstop, which is to ensure such a degree of customs and regulatory alignment that there is no need for a hard border between Northern Ireland and the Republic of Ireland. Have the Government really been honest about what that means for any treaty that is agreed instead of the backstop? Have they been candid about that? I do not think so. Do we really think that the Government have been candid and honest with themselves, their own Back Benchers or the country about the implications of what they agreed to this time last year, when they agreed that the backstop or something like it would be there? I do not think so.

What the Government agreed was such a degree of alignment, which is now beginning to be reflected in the withdrawal agreement and the political declaration, that instead of taking back control as the referendum was supposed to do, people can now see that this is an enormous transfer of sovereignty from the UK to the European Union. It sets a future for us as huge European rule takers. I agree with the Minister about honesty and candour, but I do not think it has been there.

The second point is about process and trust. I do not want to repeat the exchanges during the urgent question earlier, but there is now a real suspicion that what the Government will try to do is not bring forward an early resumption of the debate, but instead run down the clock, so that this decision is not made on the basis of the merits of the withdrawal agreement and the political declaration, but rather set against the disaster of no deal. To do that is simply to hold a gun to Parliament’s head. Are the Government really going to say, “If you don’t vote for what we propose, we are due to start stockpiling food”? That is hugely irresponsible with the public, industry and business.

The final point about honesty is this: the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office, the right hon. Member for Aylesbury (Mr Lidington) says we have to face up to the implications of the alternatives. The challenge I put to him and to his fellow Ministers is to ensure that Parliament can vote on those alternatives. I agree with him: we should be responsible for the consequences of them.

Exiting the European Union

Pat McFadden Excerpts

Monday 10th December 2018 Commons Chamber

[The Prime Minister]

Yes, I am very happy to say to my right hon. Friend that we have indeed been stepping up the action that has been taken. Since I said that, Her Majesty’s Revenue and Customs has taken action in writing to over 140,000 businesses, and the Department of Health and Social Care has written to pharmaceutical companies, for example, on the potential impact of no deal on medicines and devices.

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

The Prime Minister has come to the House to talk to us about honesty on the day when she is trying to pull a vote which she said would not be pulled in order to try to change a deal which she said could not be changed. Is it not time to be honest about the commitments that this country has made to no hard border, to the Good Friday agreement and to not doing huge damage to our economy? She can talk to the European Union about the backstop all day, but any deal that respects those commitments will require us to sign up to a set of common European rules over which we will no longer have any say by dint of the fact of Brexit. Is it not time to be honest both with her Back Benchers and the public about this, instead of trying to square unsquarable circles or even worse, hide the facts of this fundamental choice until after we are out?

[The Prime Minister]

We are committed to no hard border between Northern Ireland and Ireland. We are committed to the Belfast/Good Friday agreement. We are committed to a deal which actually delivers on the protection of people’s jobs and livelihoods. That is the deal that we have negotiated. The right hon. Gentleman refers to the issue of how one can operate on a trading basis with the European Union in relation to rules that the European Union set. Of course, what the Government set out was a proposal, and this is reflected in the balance identified in the political declaration—that if you want to restrict, reduce, or remove customs checks, it is necessary to make commitments in relation to the obligations that you are willing to sign up to. What we proposed in the proposal that the Government put forward in the summer was to do just that, but to ensure that Parliament had a lock on those votes—but of course, there would be a consequence, and we were honest that there would be a consequence if Parliament chose not to accept those rules. That is being open with people about the consequences of their decisions.

Progress on EU Negotiations

Pat McFadden Excerpts

Thursday 22nd November 2018 Commons Chamber

[The Prime Minister]

My hon. Friend has clearly made a careful study of the withdrawal agreement. He will know from the withdrawal agreement that the process that will take place is that, if we are in the backstop and believe we have alternative arrangements—whether the future relationship or another arrangement—that mean the backstop is no longer necessary, that will be a matter initially to be discussed between the United Kingdom and the European Union through the Joint Committee. It would be possible then, if there were no agreement and there was concern about good faith in relation to this, for that matter to be arbitrable before the arbitration panel. Of course, it is not for me to set out the sort of decision that the arbitration panel will take; it would be for it, at that point in time, to determine whether either side had been failing to act in the way in which it was intended.

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

In sector after sector, these proposals represent a downgrading of UK power and influence compared with what we have now. That is one side of the equation here, but I want to ask the Prime Minister about the other side of the equation. Can she look the House in the eye and say that these proposals will make the country economically better off than continuing with our current arrangements?

[The Prime Minister]

I do not agree with the first part of the right hon. Gentleman’s question. I believe that actually, as an independent state outside the European Union, the United Kingdom will continue to play a very key role in a number of multilateral organisations around the world, such as the United Nations and NATO. More than that, we have already started to extend our partnership to countries around the world where we have not had the same extent of partnership as a member of the European Union and to look forward to us outside the European Union. I think the right hon. Gentleman has probably asked me the question about the economics previously. Outside the European Union, I believe it is important for us not only to have a good trade relationship with the European Union—that is what this deal delivers—but to be able to develop those trade relationships around the rest of the world.

EU Exit Negotiations

Pat McFadden Excerpts

Thursday 15th November 2018 Commons Chamber

[The Prime Minister]

I can give my right hon. Friend the assurance that obviously we have the step of the European Union Council in finalising the deal, but a deal, when finalised, will indeed be brought to Parliament. As I suggested earlier, it will be for every Member of this House to determine their vote in the national interest.

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

The Prime Minister has carried out her mission on this with no small sense of duty, but it has been a failure, and it has turned out to be a humiliation. This was sold to the people as taking back control, but the promises of the right-wing nationalists who drove this have been shown to have turned to dust. Instead, we are being asked to sign over control of vast swathes of our economy with no say over them while paying tens of billions for the privilege. Is it not the case that far from taking back control, this is the biggest voluntary surrender of sovereignty in living memory, and that it is time to think again?

[The Prime Minister]

My answer to the right hon. Gentleman’s question is no. He referred to the £39 billion, which, of course, was the financial settlement that is in the withdrawal agreement, which is part of the overall package of the withdrawal agreement and the future relationship. The future relationship that we are negotiating with the European Union is designed—and the outline political declaration makes this clear—to deliver on exactly the issues that mattered to the British people when they voted for Brexit. Of course, as I have said many times in the House, nothing is agreed until everything is agreed.

October EU Council

Pat McFadden Excerpts

Monday 22nd October 2018 Commons Chamber

[The Prime Minister]

On the term “people’s vote”, we must accept across this House that we gave the people a vote on this issue, there was a people’s vote, people voted in larger numbers than they had done before and they voted to leave the European Union. My hon. Friend, like me, will I am sure be concerned about ensuring that the people actually can have some faith in their politicians, and that means our politicians delivering on the vote of the people, not telling them to think again.

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

Can the Prime Minister give the House an example of a greater voluntary surrender of sovereignty than the transition deal that she now proposes to extend?

[The Prime Minister]

First, I am not standing here proposing to extend the transition period or the implementation period. What I am doing is saying, how can we ensure that we have a choice of backstop options to ensure there is no hard border between Northern Ireland and Ireland in the unlikely circumstances that such a backstop is required? That is the basis on which this other proposal has been put forward, alongside the proposal for a UK-EU-wide customs territory, such as the Government first put forward in June.

EU Exit Negotiations

Pat McFadden Excerpts

Monday 15th October 2018 Commons Chamber

[The Prime Minister]

I still believe that no deal is better than a bad deal. I am still working for what I believe is the best outcome for the UK, which is a good negotiated deal with the European Union for the future, but of course, we continue with our no-deal preparations. As my right hon. Friend will know, the negotiations on the financial settlement have already taken place. We are clear about the importance of linking the withdrawal agreement to the future relationship, such that we cannot find ourselves in a limbo situation and that we are able to see that future relationship committed to by the European Union and put in place. As I say, I want to see it put in place on 1 January 2021.

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

The issue over the Irish border is a direct result of the wilful dismissal of its importance before the referendum campaign and the wilful disregard of its importance by leading Brexit advocates since the referendum. They now advocate a Canada-style free trade agreement. Will the Prime Minister confirm that she rejects a Canada-style agreement as being completely unsuitable for the UK not only because of the huge economic damage it would do to industries dependent on multinational supply chains but because it would result in a hard border, which would break commitments that this country has made?

[The Prime Minister]

Of course, what we have seen from the European Union is that a Canada-style deal is not available or on offer for the whole of the United Kingdom; it is only on offer for Great Britain, with Northern Ireland effectively carved out from the rest of the United Kingdom. The proposals that the Government have put forward following the discussions that the Cabinet had in July at Chequers are focused on a free trade deal with frictionless trade at its heart. A Canada-style deal does not deliver on frictionless trade and therefore does not deliver the absolute guarantee of no hard border between Northern Ireland and Ireland or, indeed, frictionless trade at our other borders.

Oral Answers to Questions

Pat McFadden Excerpts

Wednesday 12th September 2018 Commons Chamber

[The Prime Minister]

I reassure my right hon. Friend that the Home Secretary has been looking at this issue, and the Cabinet Secretary is looking at this. We are committed to publication, but the form of that is currently being considered.

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

Q13. Yesterday, Her Majesty’s inspectorate of probation issued a devastating report on its findings relating to the murder two years ago of my constituent Lisa Skidmore. The report sets out catastrophic failures on the part of the probation service to act on warnings about the behaviour of her killer, Leroy Campbell—a lifelong violent sex offender—and concludes that Lisa’s murder was entirely preventable. Lisa Skidmore was a young woman with her whole life in front of her. Her family have been left completely heartbroken by her loss. She was let down in the most appalling way by a service that is there to monitor offenders and protect the public. In this case, it failed to do so, with the most devastating consequences. Can I ask the Prime Minister what she and the Ministry of Justice can do in response to this report, to prevent something like this from happening again?

[The Prime Minister]

The right hon. Gentleman has raised what was an absolutely devastating case—it was a horrific crime, and devastating for Lisa’s family. I understand that my hon. Friend the prisons Minister has met the family of Lisa Skidmore and apologised for the failings in this case. But as the right hon. Gentleman says, this should not have happened.

I understand that some action has already been taken and that two members of the probation service have been suspended. While nothing can be done to bring back Lisa or minimise the impact that this has had on her family, Dame Glenys Stacey has been asked to conduct an independent review to look at what can be done to prevent such tragedies from happening again—to do as the right hon. Gentleman has said: make sure that this never happens to anybody else.