Leaving the EU: Implementation

John Bercow Excerpts

Monday 29th January 2018 Commons Chamber

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

Just this afternoon, the European Union finalised its directives setting out its negotiating position on the implementation period. On Friday, the Secretary of State for Exiting the European Union made a speech setting out the UK Government’s position. Formal negotiations on this very issue are therefore due to start this week.

As the Secretary of State said on Friday, we will be seeking a strictly time-limited implementation period to allow a smooth and orderly exit from the European Union. This builds on the Prime Minister’s announcement, in her Lancaster House speech in January last year, that there would be a “process of implementation” once the article 50 period ended. It has been supported by businesses both here and in the European Union, which will have to make only one set of changes as we exit the EU. During this period, the UK will be outside the EU. We will have left on 29 March 2019.

This is an absolute necessity. The EU can only legally conclude our future partnership once we are outside it. Such an agreement on the future partnership will require the appropriate legal ratification, which will itself take time. That will need to happen during an implementation period. However, if such a period is to work, both sides must continue to follow the same stable set of laws and rules without compromising the integrity of the single market and the customs union, to which we will maintain access on current terms. Both sides should approach this period in the spirit of our future partnership. That means each side committing itself to taking no action that would undermine the other.

During the implementation period, we will still make our voice heard. We will have to agree on a way of resolving concerns if laws are deemed to run contrary to our interests, and if we have not had our say. We will agree on an appropriate process for this temporary period, so that we have the means to remedy any issues through dialogue as soon as possible. All that will be provided for in the withdrawal agreement that we reach with the EU, which will have the status of a new international treaty between the UK and the EU. We will no longer be formally part of the EU treaties during this period.

As the Secretary of State said on Friday, we have made it clear that during this period we will be able to negotiate and sign our own free trade agreements. Here at home, we have already announced that we will present a withdrawal agreement and implementation Bill, which will provide for domestic implementation of the withdrawal agreement and the implementation period. We have made it clear that as we leave the EU in March 2019, we will repeal the European Communities Act 1972. That will be done through the European Union (Withdrawal) Bill, which recently received its Third Reading in the House of Commons and will shortly be discussed in the other place.

[Mr Speaker]

I call Paul Blomfield. [Interruption.] But not before we have heard from Sir William. I was simply seeking to build up an air of anticipation of the hon. Member for Sheffield Central (Paul Blomfield).

[Sir William Cash]

I am deeply grateful, Mr Speaker.

Given the document to which the Minister has just referred, which was issued by the European Union to the United Kingdom about two hours ago, can the Government reconcile their policy of leaving the European Union with their own implementation proposals during the transitional period? Furthermore, will this apply when EU laws are imposed on us when we will have no say in either the European Council or the European Parliament, and when our courts will be obliged to apply European Court case law without having a judge in that Court?

Do the Government intend to make a new EU treaty? How long is the so-called strict time limit? Given that we are leaving the EU, and therefore the customs union and the single market, and ending the provisions relating to freedom of movement, will the Government reject this new EU ultimatum, including the statement that the European Court of Justice will continue to apply to the UK? Will the Minister reject the idea of the enforcement mechanism set out in the document? Will he reject the suggestion that the European acquis will apply in relation to the United Kingdom, as well as the notion in the document that European Union law will continue to apply to the UK during the transitional period with direct effect and primacy?

Under these arrangements, we will be required to remain in the customs union and the single market, with all four freedoms, and to continue to comply with EU trade policy. Will the Government reject the assertion about the European Union acquis, so that we will not be made subject to supervision and control proceedings under European Union law?

In short, do the Government reject this Council decision as inconsistent with our leaving the EU, which we are entitled to do under EU law itself and article 50 of the Lisbon treaty and which was achieved through the enactment of the arrangements for withdrawal that was supported by 499 Members of this House?

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

Order. Let us hear from the voice of North East Somerset. I call Mr Jacob Rees-Mogg.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

How does my hon. Friend square paragraph 4 of the European Union’s guidelines, which requires the phase 1 agreement to be respected in full and implemented in legal terms, with the idea that nothing is agreed until everything is agreed?

--- Later in debate ---

[Stephen Kinnock]

On a point of order, Mr Speaker.

[Mr Speaker]

I will take this point of order now because I understand that it relates to the exchanges that have just taken place. Let’s hear it.

[Stephen Kinnock]

Thank you, Mr Speaker. As you will have heard during this session, I asked the Minister a perfectly reasonable question. Unfortunately, he chose to respond by impugning my motives and questioning my patriotism. I assure him that I speak only in what I see as the national interest and the interests of my constituents. I therefore ask him to retract those comments and apologise, and we will leave it at that.

[Mr Speaker]

I said that I would hear the hon. Gentleman. The Minister is not under any obligation to respond, although he may if he wants to.

[Mr Walker]

I am very happy to give a quick response.

[Mr Speaker]

Quick is good—much to be said for it.

[Mr Walker]

I did not mean to impugn the hon. Gentleman’s motives. I would only point out that he was reading directly from the EU’s negotiating guidelines and that today we are, of course, discussing the UK’s policy.

[Stephen Kinnock]

That is not an apology.

[Mr Speaker]

No, it is not an apology. It is an explanation. But we will leave it there.