Legislating for the Withdrawal Agreement

Robin Walker Excerpts

Monday 10th September 2018 Commons Chamber

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

It is a pleasure to listen to the whole debate and to be able to make some points at the end. I note the rare lack of the constraint of a time limit, but I do not intend to detain the House too long. I am mindful of the right hon. Member for Carshalton and Wallington (Tom Brake), who promised us a short speech—something the whole House was ready to cheer on—only for his promises to turn out as honest as the average Liberal Democrat election leaflet.

[Tom Brake]

I welcome the fact that the Minister welcomes the fact that he has 40 minutes in which to speak. It means that I can be guaranteed an answer to the three questions I put to him twice in an earlier exchange.

[Mr Walker]

The right hon. Gentleman raised lots of questions, many of which have been answered previously. I refer him to the answer that my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) gave when he said he could not envisage motions of the House that would not be amendable. Of course we will have parliamentary scrutiny and debate, but the House has repeatedly voted against the concept of a second referendum, which the right hon. Gentleman supports, and will, I suspect, continue to do so.

As has been pointed out, there have been some unusual agreements between the Opposition Front Bench and my hon. Friend the Member for Stone (Sir William Cash), for instance, on some aspects of the debate. There has been wide-ranging discussion about the future partnership, the Chequers agreement and so forth, but the debate has focused on legislation for the withdrawal agreement and, indeed, on the White Paper.

I particularly enjoyed the powerful contribution from my hon. Friend the Member for Redditch (Rachel Maclean), who—as her constituents, my near neighbours, often tell me—is always a breath of fresh air. We also heard some thoughtful comments from the hon. Member for Hartlepool (Mike Hill), who gave some of the reasons why his constituents had voted Leave and why he did not believe that a second referendum was appropriate. I share the passion felt by my hon. Friend the Member for Stirling (Stephen Kerr) about our precious Union, and his confidence in the success of this country. My hon. Friend the Member for Chelmsford (Vicky Ford) spoke a great deal of sense, as she always does.

The withdrawal agreement Bill is a vital step in the delivery of the outcome of the referendum. Its purpose is simple and straightforward: to give effect to the agreement that we will have reached with the EU, an agreement that we fully intend to reach in the coming weeks—and it is interesting to note that, during our debate, there have been confident predictions from Michel Barnier that an agreement can indeed be reached within that period.

The Bill will be introduced only once the vote on the final deal has been held. It will therefore be the means by which Parliament’s decision—and, more important, the decision of the British people to leave the EU—is delivered in our law. As we heard from the Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Fareham (Suella Braverman), Royal Assent will have to take place before exit day if the withdrawal agreement is to have domestic legal effect. It is precisely because the window of passage is constrained that we published the White Paper in July.

I found it slightly extraordinary that the hon. Member for Rhondda (Chris Bryant) simultaneously criticised us for publishing a White Paper on legislation that was not yet complete, and called for more pre-legislative scrutiny. The whole purpose of the White Paper—and, indeed, of the debate—is to ensure that Parliament can have its say. We wanted to maximise Parliament’s ability to express its views on the Bill, including before its introduction, and I welcome the wide range of passionately held views that we have heard today.

There are some key themes on which I want to reflect, and the first is that of parliamentary scrutiny. We recognise that parliamentary scrutiny has a vital role to play in the exit process. Having heard from the Chair of the European Scrutiny Committee, my hon. Friend the Member for Stone—sadly, he is no longer in the Chamber —and a number of other long-standing members of his Committee, I can say it is important that we are discussing a White Paper that Parliament has had time to consider before legislation is published. It follows more than 250 hours of parliamentary debate on the Bill that became the European Union (Withdrawal) Act 2018, to which the hon. Member for Greenwich and Woolwich (Matthew Pennycook) referred, 110 ministerial statements to both Houses of Parliament, and more than 40 appearances before Select Committees by Ministers in my Department since July 2016.

Members on both sides of the House have rightly highlighted the importance of providing certainty for not only EU citizens in the UK, but UK nationals in the EU. The parts of the agreement that have already been agreed will safeguard the rights of those individuals and their families. The withdrawal agreement Bill will be the primary means by which the rights of EU citizens will be underpinned in the UK. It will give certainty to EU citizens living here on rights of residency, and on access to healthcare, pensions and other benefits. That means that EU citizens will continue to be able to lead their lives broadly as they do today. Let me reiterate our message, and the message that the Prime Minister has sent to EU citizens:

“we want you to stay; we value you; and we thank you for your contribution”

to our country. That was echoed by my hon. Friends the Members for North East Somerset (Mr Rees-Mogg) and for Redditch.

The Bill will ensure that EU citizens can rely on the rights set out in the withdrawal agreement, and can enforce them in UK courts. It will also establish an independent monitoring authority to oversee the UK’s implementation of the citizens’ rights deal, providing further reassurance for citizens that their rights will be protected.

The hon. Member for East Lothian (Martin Whitfield) asked about the mutual recognition of professional qualifications. We have reached agreement on a number of areas. I can reassure the hon. Gentleman that regarding the citizens’ rights agreement, articles paragraphs (1) and (2) of article 27 of the withdrawal agreement provide for ongoing administrative co-operation in respect of MRPQ. We will return to that issue in our ongoing conversations about the future relationship.

I also listened carefully to the points made—with appropriate passion, I think—by the hon. Members for Greenwich and Woolwich (Matthew Pennycook) and for Darlington (Jenny Chapman) on Northern Ireland. We have been clear from the start of this process that we will deliver on all our commitments in that regard—not only on the reciprocal rights of British and Irish citizens, the common travel area and the absence of a hard border, but those other areas of north-south co-operation to which the hon. Gentleman referred. As my right hon. Friend the Secretary of State has confirmed in this House, we expect the withdrawal agreement Bill to implement our commitments on Northern Ireland, including the backstop. The hon. Member for Glenrothes (Peter Grant) referred to, and quoted from, the joint report. We stand by all our commitments in that report. Like my hon. Friend the Member for Stirling, I echo the hon. Gentleman’s comments about and good will towards the hon. Member for Motherwell and Wishaw (Marion Fellows). All Members send her our good wishes and condolences.

The status of EU citizens in this country in the event of no deal was raised a number of times, although it is not really the topic of the debate. Providing certainty for citizens has been a priority for both parties to the negotiations. We do not want or expect a no-deal outcome, but should we be unable to reach a full agreement with the EU, the Secretary of State has made it clear that the prospect of us not moving swiftly to secure their legal position or having people removed from this country is far-fetched and fanciful—it simply would not happen. As we have heard, these individuals make valuable contributions to our communities and our economy, and we would not want to lose them. That sentiment was echoed by those of all viewpoints in the referendum debate.

I am pleased to observe a degree of support across the House, especially from my hon. Friends the Members for Gordon (Colin Clark), for Chelmsford and for Redditch, for the implementation period. Colleagues clearly recognise the need to provide citizens and businesses with certainty as we leave the EU. They should have to prepare for only one set of changes—I hear that day in, day out from businesses. It is notable that when the agreement on the implementation period was reached in March, the CBI said it would help to protect living standards, jobs and growth. The Federation of Small Businesses said it would help protect small businesses from a damaging cliff edge and the Scotch Whisky Association said it would provide welcome reassurance.

I want to provide clarity on several points about the implementation period. First, it is strictly time-limited. That is the case owing to necessity—if it were not time-limited, it would be not a transitional period, but a permanent relationship. That time-limited nature will be reflected in the Bill, with the relevant provisions sunsetted so that they expire at the end of December 2020. Some queries were raised about the domestic legal basis for the implementation period. Let me assure the House that the European Union (Withdrawal) Act 2018, a vital piece of legislation, will continue to play the role that Parliament intended. The amendments made to that Act by the withdrawal agreement Bill will be technical. They will simply defer some parts of the Act, such as the domestication of EU law into retained EU law, so that they take effect at the end of the implementation period rather than on 29 March, when we leave the EU. That will ensure that the Act can operate in the correct context and that Parliament’s time in scrutinising legislation has been well spent.

This means that the European Communities Act will still be repealed in March 2019. However, it will be necessary to ensure that EU law continues to apply in the UK during the implementation period as it does now. That was what we agreed in the discussion on the implementation period. That will be achieved by way of a transitional provision whereby the Bill will amend the European Union (Withdrawal) Act 2018 so that the effect of the European Communities Act is saved for a time-limited implementation period. Exit day as defined by that Act will remain as 29 March 2019. This approach will provide legal certainty to businesses.

I listened carefully to the arguments made by my hon. Friend the Member for North East Somerset about a different approach on legislation during the implementation period, but the agreed terms for that period require us to keep pace with changes to EU law, the majority of which will already have been initiated and subjected to scrutiny. That will be an essential component of maintaining terms of trade on the same basis.

I want to reassure the House that, as the Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Fareham, said, the UK will be able to strike new trade deals with partners around the world during this period. I look forward to seeing these opportunities unfold. We will be able to negotiate and sign such trade deals during that period, to come into force immediately afterwards.

We have had a lively debate on the financial settlement, with analogies made to shopping, to bars and to golf clubs. The negotiated financial settlement will clearly continue to be of great importance to Members, and they are absolutely right to raise it and to want to scrutinise it. I emphasise that the withdrawal agreement covers the UK’s financial commitments to the EU and the EU’s financial commitments to the UK. It provides certainty to current recipients of EU funding, including farmers, businesses and academics, with the UK continuing to receive payments due under the current EU budget plan. We are a country that honours our obligations, but let me be clear that if one side fails to live up to its commitments, there will be consequences for the deal as a whole, and that includes the financial settlement. As my hon. Friend the Member for North East Somerset pointed out, nothing is agreed in these negotiations until everything is agreed, and I can assure him that this country will always say no to wasting taxpayers’ money.

I emphasise that both sides are committed to agreeing the framework for the future relationship alongside the withdrawal agreement. It is our firm view that the withdrawal agreement itself must include a commitment requiring the framework for the future relationship to be translated into text as soon as possible. The Government will pay careful attention to the points that have been made during this debate on the scrutiny of the financial settlement.

A number of hon. Members mentioned devolution and the withdrawal agreement Bill. I want to reiterate, and to state firmly, that we are committed to working with the devolved Administrations to ensure that the Bill works for all parts of the UK. I am pleased with the engagement that has taken place with them to date—through, for instance, the ministerial forum. As my hon. Friend the Under-Secretary said, such engagement has happened at ministerial and official level. It has been positive and constructive, and I know that at one of the most recent meetings of the forum, the devolved Administrations were able to welcome the fact that they had been given advance notice of the White Paper and that information had been shared with them.

[John Redwood]

Before the Minister finishes talking about the money, will he tell us a bit more about how conditionality will be defined and enforced?

[Mr Walker]

I have already touched on that point in my comments. Clearly we need the framework for the future relationship alongside the withdrawal agreement. When Parliament votes—both on the meaningful vote and on the withdrawal agreement Bill—it will want to see that we are getting value for money. That is something that our negotiating counterparts are clearly aware of, and I refer my right hon. Friend to the comments that I made earlier.

As my hon. Friend the Member for Chelmsford noted, today is Gibraltar day, and I am sure that the whole House will join me in extending our warmest wishes to the people of Gibraltar. The Bill does not cover Gibraltar, because it is responsible for passing its own EU exit legislation, but the UK Government are committed to fully involving Gibraltar as we leave the EU together, to ensure that its priorities are understood. The primary forum is the Joint Ministerial Committee (GEN)—Gibraltar European Union negotiations—which I chair, and I want to reassure the people of Gibraltar that we will never enter into arrangements under which they would pass under the sovereignty of another state against their wishes, or enter into a process of sovereignty negotiations with which Gibraltar was not content. As the Prime Minister has said, we joined the EU together and we are leaving together, and from next year we step forward into a new chapter of our history together.

I reiterate my thanks to all Members who have spoken in the debate. This legislation is vital to our smooth and orderly exit from the EU. It will protect the rights of EU citizens in this country, pay the negotiated financial settlement and give effect to the implementation period. The White Paper provides further clarity and certainty to people and businesses about how we will implement the final agreement we reach with the EU in UK law. I welcome the views that we have heard from both sides of the House and I look forward to continuing to work with Parliament in preparing for our withdrawal. My hon. Friend the Member for Stirling put it so well when he said that people want to see us deliver a successful Brexit for the whole of the United Kingdom, and that is what the White Paper and the Government are focused on delivering.

Question put and agreed to.

Resolved,

That this House has considered legislating for the withdrawal agreement.