UK’s Withdrawal from the EU Debate

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Department: Cabinet Office

UK’s Withdrawal from the EU

Richard Graham Excerpts
Wednesday 27th February 2019

(5 years, 3 months ago)

Commons Chamber
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Richard Graham Portrait Richard Graham (Gloucester) (Con)
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Will my right hon. Friend give way?

David Lidington Portrait Mr Lidington
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No. I am conscious that I am disappointing a number of hon. Friends and other hon. Members, but otherwise there is a danger that my speech and associated interventions are going to take up pretty well all the time available for debate today.

I will move on to amendment (k) and then amendment (a). Amendment (k), in the name of the leader of the Scottish National party in Westminster, wills certain ends without any means. It asserts a determination not to leave the European Union without a withdrawal agreement and future framework under any circumstances and regardless of any exit date. It is therefore asserting a power to override what is actually in the European Union treaties but can have no effect in terms of European law and the implications of the article 50 process. While I understand the political motives behind amendment (k), the problem with it is that it ignores the legal reality that, once article 50 has been triggered, the only ways in which to avoid what the amendment seeks to avoid are to agree a deal or to revoke article 50 altogether and commit this country permanently—in good faith, to use the terms of the Court of Justice judgment—to membership of the European Union for the future. For those reasons, the Government cannot accept it.

I have also seen and studied the amendment tabled in the name of the Leader of the Opposition. I would urge Opposition Members to look at what my right hon. Friend the Prime Minister said in her reply to the right hon. Gentleman, because on each of the five points detailed in the amendment, I believe the Government’s deal provides the right answer for the people of the United Kingdom. Let me briefly take each of those five points in turn. First, the amendment instructs Ministers to seek a permanent—

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Keir Starmer Portrait Keir Starmer
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I am going to press on. I will just make some progress. I will give way in just a minute. I do not criticise the Minister for the Cabinet Office, because he quite rightly took interventions from a number of Members who really did want detailed answers, but I am going to try to make some progress. Otherwise, between the two of us, we really are going to get to the wind-ups before we anyone else has got in.

Let me move on to closer alignment with the single market. This part of the Brexit debate is too often ignored. How do we protect our service sector, which is of course 80% of our economy and 80% of our jobs? The second part of this package is also needed, alongside a customs union, to prevent a hard border in Northern Ireland. We recognise that if we are going to have closer alignment with the single market we need that to be underpinned by shared institutions and that would require accepting common obligations. What they are would be a matter of negotiation and how we stay aligned would be part of the negotiations. I am not pretending that that would be trouble-free.

The Minister for the Cabinet Office said that that is effectively there in the political declaration, as close as you can get. It is worth going back to the political declaration that the Prime Minister has put before us, because what it actually says is that we should achieve

“a level of liberalisation in trade in services well beyond the Parties’ World Trade Organization (WTO) commitments”.

Well, you cannot aim much lower than that. To quote the former UK permanent representative, that is

“about as unambitious as it can get.”

The third part of the amendment is

“dynamic alignment on rights and protections”.

That means UK standards keeping pace with evolving standards across Europe. Why is that needed? Because we cannot allow UK workers or consumers to see their rights lag behind those in the EU after we leave, or frankly, to allow future Governments to erode those rights. Again, the Minister for the Cabinet Office says, “Well, that is effectively there in the political declaration, or has been promised by the Prime Minister.” There is a world of difference between keeping up with evolving rights and a non-regression clause that simply says they will not drop behind a frozen level, so the answer from the Government simply is not strong enough. They are promising only non-regression—to freeze, not to keep pace. That is a world of difference, and it is no wonder that the trade unions were never going to sign up to that proposal.

Yesterday, the Prime Minister said, “Well, don’t worry. What we’ll do is that every time there is an evolution of rights in Europe, we’ll come back here and see whether this House wants to keep up,” but she did not say, “My Government will vote to do so.” That would make a material difference, but she did not, so neither we nor working people are going to fall for that one.

The fourth and fifth elements are clear

“commitments on participation in EU agencies and funding programmes”

and an

“unambiguous agreement on the detail of future security arrangements, including access to the European Arrest Warrant.”

I do not doubt the Prime Minister’s commitment on this. I worked with her when she was Home Secretary and I know how seriously she takes it, but I also know that the political declaration does not say that there has been any progress towards replica arrangements for the European arrest warrant. With the Prime Minister back in, I think, 2012 or 2013, we looked at what would happen if we fell out of the European arrest warrant arrangements and what the old extradition treaties were, and we were horrified by what we saw. Outside the European arrest warrant, it takes about 10 years to extradite someone from a country such as Italy to this country, and there are real-life examples of that. Using the European arrest warrant, it takes about 40 or 50 days. These are material differences and there is nothing in the political declaration along those lines. I understand the technical problems with Schengen and so on, but one of the barriers has been the determination that the European Court should have no role in anything at all in future, thus blocking progress in this area.

I am not pretending that the plan—the alternative—that we have set out is easy or painless to negotiate. I have never pretended that it will be the easiest negotiation in history, but I know that that kind of deal—delivering a close economic relationship with the EU—would prevent a hard border in Northern Ireland, reduce the pressure on the backstop and could be negotiated. The EU has said as much in recent weeks. We have heard in meetings with EU counterparts and in public that the customs union/single market alignment proposition is credible. The EU has said that it is a promising basis for negotiations, and to quote Michel Barnier:

“If the United Kingdom chooses to let its red lines change…then the European Union would be ready immediately to...respond favourably.”

I think it could be achieved. If the Prime Minister is serious about reaching out to the Opposition, she should engage with that proposal. It is clear from her response to the Leader of the Opposition and her blind insistence on seeking further changes to the backstop that that is not her intention, so today we put that plan to the House and ask for Parliament to help in delivering the basis for a credible Brexit offer.

Richard Graham Portrait Richard Graham
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I have been listening with some interest to the right hon. and learned Gentleman’s explanation of the five bullet points that are so important in the Leader of the Opposition’s amendment, but most of them are fundamentally to do with the future phase of negotiations and are not specifically to do with the withdrawal agreement Bill. I am therefore still puzzled about what the major difference is between his party and the Government and why it cannot agree with the Government to secure the withdrawal agreement and get it through Parliament.

Keir Starmer Portrait Keir Starmer
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I think I acknowledged earlier that these points go predominantly to the political declaration and not the withdrawal agreement. Those two documents cannot be separated because they go together. [Interruption.] Well, an example of that is the customs union. The political declaration says that it builds on the withdrawal agreement; we cannot treat them as two separate documents, and the legislation that we will be voting on does not allow us to vote on them separately. But on the general proposition—do we accept that, for example, the backstop, whatever our concerns about it, is inevitable? The answer is yes. I said that when I stood here two weeks ago, and I make that clear again today.

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Stephen Gethins Portrait Stephen Gethins
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It has been extraordinary. As usual, my hon. Friend makes an excellent point about how the Government have tried to take powers away. They have tried to take votes from us and they have tried to take away our ability to hold them to account in a way that they just could not get away with in the European institutions, whether they like it or not.

On the lack of planning and that vote leave on a blank piece of paper, I think Donald Tusk was being restrained when he said that there is a special place in hell for those who backed Brexit without a clue about how to get there. For all those snowflakes who feigned outrage about his remarks, this is a man who fought the communists—he was living under a Soviet vassal state at that point, unlike others—and who stood up for and was arrested for his beliefs, yet when he points out the blindingly obvious, he gets dragged over the coals for it. What outrage. It was faux outrage.

Stephen Gethins Portrait Stephen Gethins
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I will give way if the hon. Gentleman can possibly justify it.

Richard Graham Portrait Richard Graham
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I honestly do not think that Slovenia has anything to do with today’s discussion of the withdrawal agreement. The amendment proposed by the SNP, which is what the hon. Gentleman should be referring to, talks about this House being

“determined not to leave the European Union without a withdrawal agreement”,

so will he confirm that the SNP will support the Government deal, which will be on the table before 12 March?

Stephen Gethins Portrait Stephen Gethins
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It is extraordinary: I have not even mentioned Slovenia yet, but the hon. Gentleman knows the reference I am making. I know he is a decent Member and has served his country well in the diplomatic service, and I know he will have been embarrassed by the Foreign Secretary’s recent remarks. I want to talk about—[Interruption.] I am a Front-Bench speaker. I want to talk about the UK’s standing in the world of which we are still a part for the time being.

There are those who are quite content to compare the EU with the USSR and cannot handle these remarks from Donald Tusk. Just at the point when we need friends and influence around the world—as the hon. Member for Gloucester (Richard Graham), who works so hard on these things, knows full well—we are losing them. Let us look at some of the reactions to that. Carl Bildt, the former Swedish Prime Minister, said that Britain used to be a nation

“providing leadership to the world. Now it can’t even provide leadership to itself.”

Latvia’s ambassador to London said:

“Soviets killed, deported, exiled and imprisoned hundreds of thousands of Latvia’s inhabitants after the illegal occupation in 1940, and ruined lives of three generations, while the EU has brought prosperity, equality, growth, and respect.”

I ask Members to please reflect on what our closest friends and allies are telling us. Asked to respond to Hunt’s remarks when he compared the EU with the Soviet Union, the European Commission’s chief spokesman, said:

“I say respectfully that we would all benefit, in particular foreign affairs ministers, from opening a history book from time to time.”

The Foreign Secretary clearly did not listen. He doubled down when he went to Slovenia and referred to it as a “Soviet vassal state” to which the former Speaker of the Slovenian Parliament said:

“The British foreign minister comes to Slovenia asking us for a favour while arrogantly insulting us.”

At a time of crisis, the greatest crisis that the UK has faced since the second world war, we are led by political pygmies who do not understand the history of those countries that are closest to us, never mind the history of the nations of these islands. They have turned the UK into the political basket case of Europe. There is utter astonishment and bewilderment in Brussels and elsewhere at the UK’s decline. There is also astonishment in Scotland at what is going on down here, even by those who, unlike me, backed the Union.

The right hon. Member for Broxtowe (Anna Soubry) was right to raise a point of order last night and I listened to it carefully. I am glad that, because of her work, we got the no-deal papers released, and I thank her for it. It has to be said that the document was pretty flimsy, a very small document. There is much more to the Scottish Government’s document. Their analysis, which they were happy to publish a long time ago without having to be forced, has shown that any form of Brexit will be damaging for Scotland’s economy. The deal will be damaging to Scotland’s economy, which is why we cannot vote for it, but a no-deal Brexit could result in a recession worse than that in 2008, causing Scotland’s GDP to fall by up to 7%, and unemployment to rise by around 100,000.

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Richard Graham Portrait Richard Graham (Gloucester) (Con)
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Following the long-running British soap, “Carry On Brexit”, is testing for everyone. However, tonight things have changed, in ways that I do not think the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) quite realised. He said that nothing will change, and that this will not work. In fact, a lot has changed, and I believe that it can work. Let me explain why.

The outstanding issue between the Government and the EU is restricted to an insurance policy for the Northern Ireland border that both sides have said they would not wish to trigger. It cannot be beyond the wit of the UK’s and EU’s diplomatic skills to resolve this issue. When the Exiting the European Union Committee was in Brussels a month ago, I summarised a way through that amounts to a legally binding annexe with a backstop review clause, ensuring that we cannot be locked into the customs union indefinitely against our will. That led to revised advice from the Attorney General and triggered support from the Democratic Unionist party of Northern Ireland and from the European Research Group on this side of the House.

There was no objection to that in Brussels but simply a question about whether such changes would pass in the House of Commons. None of us will know that until the votes are counted, but such changes should—I believe would—be the catalyst for success, urged on by a recognition of what would happen should Parliament not approve the withdrawal agreement Bill and then vote, under the Prime Minister’s commitment, to proceed without a deal. There can be no doubt about the result of that.

We may not have the support of all my colleagues, judging from the speeches of my hon. Friends the Members for Stone (Sir William Cash) and for South Dorset (Richard Drax), but paradise is not for this world. What matters today, therefore, are the amendments proposed. I believe the Letwin-Cooper and Spelman-Dromey amendments will not be moved, and the Costa amendment has been accepted. As a signatory to amendment (b), tabled by my hon. Friend the Member for South Leicestershire (Alberto Costa), I know that the EU has the same difficulty in agreeing to the same commitment to the rights of UK citizens in the EU as we have to EU nationals here, because it does not have the authority to do so over the 27 member states’ sovereignty. However, the European Parliament’s Brexit co-ordinator, Guy Verhofstadt, has clearly said that the European Parliament will not accept uneven citizens’ rights when it considers the withdrawal agreement Bill and will therefore oblige the European Union to ensure reciprocity. I am therefore pleased that the Government have accepted the spirit and direction of this Conservative-led amendment.

That leaves us with amendment (k), tabled by the right hon. Member for Ross, Skye and Lochaber (Ian Blackford), which has been made redundant by the Government’s commitment to a vote on no deal if the withdrawal agreement is not approved, and amendment (a), tabled by the Leader of the Opposition. The right hon. and learned Member for Holborn and St Pancras’ explanation of amendment (a) was, in my view, weak. None of his points referred directly to citizens’ rights, money and Northern Ireland—the three ingredients of the withdrawal agreement. Everything that he mentioned is sketched out in the political declaration and will be negotiated in detail during the transition period, as he knows. I therefore cannot see any reason why Labour Members, elected on a similar manifesto to Government Members, should not support the Government on the withdrawal agreement Bill.

My message is clear: the Government and the European Union must resolve the backstop issue, to relieve and reduce the already increased uncertainty of citizens and businesses across Europe, as soon as possible. Having done so, Labour should continue to talk with the Government, because the differences between our manifesto, which seeks a customs arrangement, and theirs, which calls for a customs partnership, should surely not be insurmountable. Everyone—especially those who have emailed me to suggest that no deal is no problem—should read the Government’s recently released analysis. It would be a problem. We must support the Bill.