UK Exit from the European Union

Robin Walker Excerpts

Monday 17th October 2016 Westminster Hall

[The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)]

It is a pleasure to serve under your chairmanship, Mr Walker. May I also thank the hon. Member for Sedgefield (Phil Wilson) for his earlier chairmanship of this wide-ranging debate? When studying these petitions, I recognised there was a wide range of views reflected in them. My hon. Friend the Member for Sutton and Cheam (Paul Scully) did an excellent job of reflecting on those views in his introduction. As we have seen, the debate has gone even wider in some respects, touching on a number of things beyond even the six petitions we are debating.

I thank the hon. Member for Darlington (Jenny Chapman) for her kind welcome and assure her that I take the responsibilities she referred to very seriously. As someone who, like probably the majority of Members in the Chamber, campaigned on the remain side in the referendum, but who now recognises that we have to reflect on the mandate of the British people and deliver on that, I am determined to make sure we do that in a way that addresses some of the concerns that I and other Members raised during that campaign, but that delivers on what the British people have voted for.

As others have pointed out, it is a healthy development in our democracy that petitions that receive substantial support should be debated in Parliament. This is not the first petitions debate we have had; indeed, we have had some excellent debates already on issues such as the devolved Administrations and on having a second referendum. I am sorry that my hon. Friend—sorry, the hon. Member for Swansea West (Geraint Davies); he was my friend when we served together on the Welsh Affairs Committee—was not there for the debate on the second referendum, because he might have been the only speaker in that debate to support what the petition called for. There were 13 speakers, including many from Labour and the Scottish National party, who all accepted that rerunning the referendum was not the right approach. Perhaps we missed his eloquent advocacy on that occasion.

[Geraint Davies]

I did not speak in that debate because I was speaking on behalf of socialists from 47 countries, as a member of the Socialist Group in the Council of Europe in Strasbourg. I spoke about the monstrosity and disaster of Brexit—the hon. Member for Sutton and Cheam (Paul Scully) was there as well—and explained the reason we might need a second referendum, if what is negotiated by the Minister and his Department does not resemble in the slightest the reasonable expectations of those who voted to leave.

[Mr Walker]

I am grateful for that illustration of the hon. Gentleman’s views, but I think it is important that, in responding to this debate, I focus on the six petitions before us today, which were described with typical eloquence by the hon. Member for Foyle (Mark Durkan) as a “six pack”, with a wide variety of flavours.

To cover the full Government response, let me first reiterate the Government’s approach to this important process. It is a process we have only one opportunity to get right, so it is right to take the correct amount of time over it. We have been consulting with a broad range of stakeholders following the referendum result, which it is right to do, as my hon. Friend the Member for Sutton and Cheam pointed out. We are consulting with the devolved Administrations, with the overseas territories and crown dependencies, with businesses and with other interest groups to build a national consensus across the whole of the United Kingdom on our negotiating position. We will continue to involve the devolved Administrations in preparing the UK’s position.

The Secretary of State for Exiting the European Union and the rest of the ministerial team have already heard from a wide variety of sectors and stakeholders. We will also be holding a series of roundtables in the coming weeks on a variety of topics, including aviation, life sciences, financial services, agriculture and fisheries and many more. Engagement will continue through a range of bilateral meetings, visits across the United Kingdom, and the Joint Ministerial Council, which engages senior figures from the devolved Administrations. That process is about building an informed and strong negotiating position for the whole UK, and I do not share the pessimism of the hon. Member for Swansea West on that position. I would gently point out, to a colleague for whom I have great respect, that the petition he spoke to, which had 4 million signatures, was not advocated or defended by any Member who spoke in that debate and does not appear to have the support of his own Front-Bench team or many Members of the House.

Three of the petitions we are discussing today concern article 50, when we will invoke it and how. Let me be clear: the British people have voted to leave the European Union, and their will must be respected and delivered on, but the process for leaving the EU and determining our future relationship is complex. I acknowledge that the largest petition we are debating—as my hon. Friend the Member for Sutton and Cheam pointed out, it is the only one that would have reached the attention of the Petitions Committee on its own—calls for us to exercise article 50 with immediate effect. However, by not triggering article 50 immediately after the referendum—as the leader of the Labour party, the right hon. Member for Islington North (Jeremy Corbyn), originally suggested—we have given ourselves the time to develop a UK-wide negotiating strategy and to avoid setting the clock ticking until our objectives are clear and agreed.

It is also right that the Government should not let things drag on too long. We have had pressure both internally, as we can see from the petition, and externally, from some of our counterparts on the continent, who are clear that they want us to get on with the process. As the Prime Minister made clear, we will trigger article 50 before the end of March next year. That should reassure those who, as my hon. Friend the Member for Sutton and Cheam probably rightly said, signed the petition thinking article 50 might never be invoked that we are getting on with the process and preparing the ground to make sure we can do that in the most effective way possible.

[Geraint Davies]

If I could ask for some clarification about the timing, is the objective of the Minister’s Department to try to reach certain negotiating goals, which are private at the moment, before the March deadline? If they do not reach those goals, is there any flexibility to manage the deadline in order to maximise the benefits for the British people, or is it just a hard Brexit—“You get what you get; that’s tough”?

[Mr Walker]

I am grateful for the hon. Gentleman’s intervention, but as for setting out negotiating goals, he should be clear about what the Commission and Council have said about the article 50 process: that they do not want negotiations before it has started. Of course we need to prepare the strongest possible position for the UK, and we will engage where we can to make sure we set the terms for those negotiations, but it is not possible to pre-negotiate any particular deal ahead of the formal article 50 process, so I think he is perhaps setting unrealistic expectations.

[Geraint Davies]

Will the hon. Gentleman give way?

--- Later in debate ---

[Mr Walker]

No; I think the hon. Gentleman has had plenty of opportunity to speak already.

In terms of Parliament’s involvement—this is important; the hon. Member for Darlington rightly challenged us to make sure Parliament has an important role to play—we had an excellent debate last Wednesday, in which there was wide agreement that parliamentary scrutiny will play an important role in this process. I welcome the Opposition’s acceptance of the Government’s amendment, which made it clear that we should come forward, engage with the House and listen to the views of the House, but also ensure that we do nothing to prejudice the Government’s negotiating position—if I can paraphrase it that way. That was a sensible compromise in the debate last week.

As hon. Members will be aware, the Government’s position is that triggering article 50 is a prerogative power that can be exercised by the Government. My hon. Friend the Member for Morley and Outwood (Andrea Jenkyns) spoke about her work in the campaign to let Britain decide, and that is certainly a campaign I recognise. Even though I ended up on the remain side of the argument, I voted early on in my career for the British people to have their say through a referendum. Trusting the people has been a key part of the Government’s policy and the right approach to take. It is notable that the European Union Referendum Bill achieved cross-party support and passed through both Houses—I think by six to one. Parliament was clear, as were the Government, that it was for the people to decide whether to remain in the European Union or to leave, which the Government’s leaflet set out clearly, as my hon. Friend the Member for Sutton and Cheam pointed out.

However, Parliament will clearly have a role in ensuring we find the best way forward. The Department for Exiting the European Union will consider the detailed arrangements to provide for that. We have already enjoyed a number of excellent debates in both this Chamber and the main Chamber. While I am grateful to the hon. Member for Glasgow North (Patrick Grady) for his suggestion that this Chamber be renamed, I think it might be early in the day for that.

[Jenny Chapman]

I am grateful to the Minister for his response to my query about the role of Parliament, but he is still being rather vague. He has said that his Department will come back with some more clear ideas about how Parliament will be involved. When should we expect that?

[Mr Walker]

My right hon. Friend the Secretary of State has set out that he is approaching the usual channels to ask how that can be done. We have had some queries about Government time. We would certainly like to look into that and see how it can be dealt with. I am about to come to the important role of the European Communities Act 1972 repeal Bill and the role Parliament will have to play in that. It is clear from the cross-party views expressed in last week’s debate that Parliament has an important role to play in scrutiny as we prepare for this process.

The second largest petition we are dealing with today calls for the immediate repeal of the European Communities Act 1972. The Prime Minister and the Secretary of State for Exiting the European Union have set out that we will introduce primary legislation in the next parliamentary Session that, when enacted, will repeal the European Communities Act 1972 on the day we leave the European Union. The Bill will transfer current EU law into domestic law, while allowing for amendments that ensure we have a functioning statute book at the point at which we leave the European Union.

Repealing the ECA now, as some have suggested—although nobody has suggested it in this debate—without having a withdrawal agreement in place would simply not work. It would be a breach of international and EU law to withdraw unilaterally from the EU. Such a breach could create a hostile environment in which to negotiate either a new relationship with the remaining EU member states or new trade agreements with non-EU countries. We are clear, therefore, that while ECA repeal is a necessary part of the process, it should be consequent to the legally correct article 50 process.

The hon. Member for Great Grimsby (Melanie Onn) mentioned her proposed Bill on workers’ rights. We will need to engage with that at the appropriate time, but I direct her to the clear statement from the Secretary of State on 10 October, in which he said:

“I have given an undertaking that there will be no reversal of the protection of workers’ rights, as has the Prime Minister. Indeed, she has gone beyond that and said that there will be an expansion of that protection.”—[Official Report, 10 October 2016; Vol. 615, c. 66.]

The Prime Minister has set out the ambition of enhancing the workers’ rights we have. We will come to debate the Bill proposed by the hon. Member for Great Grimsby at the appropriate time, but we should certainly ensure we enshrine those rights as we move forward in this process.

[Melanie Onn]

On the point about bringing forward legislation and amendments to ensure that law will be functional, does that not risk opening the gates to other areas of legislation and going beyond making the law functional in this country? It could put some of our legislation at risk from further debate by people who might not support some European legislation.

[Mr Walker]

Whenever a Bill is put before Parliament, there is an opportunity for further debate about the premises of that Bill, but the Government’s intention in this process is to translate the existing body of law. The advice we have taken to date, which is not necessarily the final advice, is that European Court of Justice jurisprudence would continue to apply in domestic law unless or until it is overturned following withdrawal. I hope that provides the hon. Lady with some assurance. We will debate that issue at another time.

Free movement was one of the key issues debated in the EU referendum. I recognise the point made by the hon. Member for Darlington that we cannot necessarily read into the result of the referendum every possible interpretation. I also welcome her statement that the Labour party wants to engage in this debate. That represents significant progress from where we have sometimes been in the past. As the Secretary of State and the Prime Minister have made clear, as we conduct our negotiations, it must be a priority to regain more control of the number of people who come here from Europe. The precise way in which the Government will control the movement of EU nationals is yet to be determined, and we are carefully considering the options open to us.

I recognise many of the views expressed today. My hon. Friend the Member for Sutton and Cheam made it clear that we will want to continue to attract the brightest and the best. In my own Department, we have plenty to keep us occupied and to be working on. This will not be our decision in isolation. The whole range of Government, including other Departments such as the Home Office and the Treasury, will want to look at this, and we will want to come up with a system that works.

As the Prime Minister has said, there is no single silver bullet that is the answer to dealing with immigration. We have to look at the whole range of issues, from the rules we have for people coming into the country to how we deal with abuse of the system. That will be an important part of our considerations.

[Jenny Chapman]

While the Minister is on the topic of immigration, has his Secretary of State enabled him to say anything about EU nationals currently resident and working here?

[Mr Walker]

I will reiterate what the Secretary of State has said: it is absolutely his intention to secure the rights of EU nationals who are currently working here, but we must also secure the rights of British nationals working in the EU. That will be a priority as we go into the negotiations. I can reassure Members that Parliament will continue to have a very important role in scrutinising this and the Government’s further policies on immigration.

Finally, I come to the idea of having a new bank holiday called independence day. There have been a number of references to the film of that name. Alas, I am afraid that the Government have no current plans to create another permanent UK bank holiday. Tempting though it might be, an independence day would face fierce competition from the likes of Saint George’s day, Trafalgar day and many more. Within this context, it is hard to commit to 23 June over its many rivals. Unfortunately, it is just too costly, in the view of the Department for Business, Energy and Industrial Strategy, to introduce another holiday at this stage. When that Department analysed the impact of an additional holiday for the diamond jubilee, it was found to cost employers more than £1 billion.

We had questions from two Northern Irish colleagues—the hon. Members for South Down (Ms Ritchie) and for Foyle—about the position of the UK Government with regard to the Good Friday agreement, or Belfast agreement, and subsequent agreements of that sort. That is not the subject of this debate, but I refer them to the detailed evidence that the Secretary of State for Northern Ireland and I gave to the House of Lords EU Select Committee last week. I assure the hon. Member for Foyle that the UK Government stand by all their commitments under the Good Friday agreement and subsequent agreements. I have been out with the Secretary of State to the Republic of Ireland, where we had very good and useful talks on a number of matters of shared interest. I assure the hon. Gentleman that we will continue to work as closely as we can with the devolved Administrations and our friends in the Republic of Ireland.

To sum up, I reassure Members that the Government are committed to getting the best deal for Britain, and that the Department is working hard to develop our negotiating position as we prepare to commence the formal process of exiting the EU. Our instructions from the British people are clear, and we must move ahead. This debate has provided a valuable opportunity to discuss some of the issues and the process, but what is most important is that we make a success of our negotiations. I welcome the role that this debate will play in supporting that. As my hon. Friend the Member for Sutton and Cheam said, we must create certainty for businesses and investors as we go through this process, and I am confident that we will continue to do that.