EU Withdrawal Agreement: Legal Advice

Debate between Paul Masterton and Peter Grant

Tuesday 13th November 2018 Commons Chamber

[Peter Grant]

I am grateful to my hon. Friend for his comments. My views are perfectly clear: I do not think there is such a thing as a Brexit deal that can come close to being as good a deal as we have just now. If that argument is not going to be rerun—if we are not going to get a chance to correct the mistakes that have been made in the past—so be it, but it is my responsibility, and the responsibility of all of us, to make sure that the Brexit that is agreed is the least damaging that is possible.

I know that some Government Members will be concerned—some have already raised concerns—about setting a dangerous precedent. May I remind them that the Government’s mantra for months has been that this is an unprecedented situation? In an unprecedented situation, precedents do not apply. How can what we do in response to an unprecedented situation set a precedent for what happens next, unless the Government propose to hit us with more unprecedented disasters through their own blundering incompetence?

[Paul Masterton (East Renfrewshire) (Con)]

Earlier this year, when the Lord Advocate was asked to release some of the legal advice that he gave to the Scottish Government, Mike Russell stood in the Scottish Parliament and said that that would not be done because it would set a very dangerous precedent, repeating much the same justification that we have heard today. Will the hon. Gentleman explain why those justifications made by the Scottish Government were acceptable, but when those same justifications are made by the UK Government, they are objectionable?

[Peter Grant]

As the hon. Gentleman knows perfectly well, the two situations are not only not identical but significantly different. Members of the Scottish Parliament were not about to be asked to cast a binding and final vote on the most important decision they would ever take, to take part in a vote that could have cost £2,300 for every family in the country, or to agree to something that would take 9% off the economy. They were not about to be asked to vote on anything, so the two situations are significantly different.

I am glad, however, that the hon. Gentleman raises the example of Scotland, because the “Scottish Ministerial Code” explicitly recognises that there will be exceptional circumstances when it is in the balance of public interest to disclose legal advice—either in its entirety or in part—that has been given to Ministers. Having raised the question of Scotland, the hon. Gentleman has actually destroyed one of the biggest arguments that those on his own side make. If the argument is—[Interruption.]

European Free Trade Association

Debate between Paul Masterton and Peter Grant

Wednesday 7th February 2018 Westminster Hall

[Peter Grant]

As I said, our best option is to respect the wishes of the 62% not to be dragged out of the European Union, but if that option is taken off the table—

[Paul Masterton]

indicated dissent.

[Peter Grant]

I note that Scottish Conservatives want to pooh-pooh the idea that 62% of the population of Scotland can just be ignored. My concern about EFTA is not that I do not like what it offers, but that it does not offer nearly as much as we have now. In particular, it does not involve membership of the customs union.

Switzerland does not have what it regards as a hard border with the European Union. Apart from its border with Liechtenstein, it is completely surrounded by land borders with EU countries, but most people travelling in and out do not notice anything like a hard border. Nevertheless, it estimates that approximately 2% of vehicle traffic is stopped and searched. Applying that model to the only land border that the United Kingdom will have with the European Union would result in 200 stop-and-searches a day near the border on the island of Ireland. That is simply not acceptable, and it cannot be allowed to happen.

Even the most favourable—or least unfavourable—scenario for leaving the customs union is likely to create significant security problems in Ireland. It is not just about having a hard border. We have an agreement on all sides that there will be no infrastructure on the Irish border, but it is very difficult for somewhere inside the customs union to have a border with no infrastructure whatever with somewhere outside it. There will be significant repercussions for the whole of Ireland if the United Kingdom leaves the customs union.