EU Withdrawal Joint Committee: Oversight

John Bercow Excerpts

Wednesday 20th March 2019 Commons Chamber

[Several hon. Members rose—]

[Mr Speaker]

There is nothing disorderly, but I must say that I am saddened to see the hon. Member for North East Somerset (Mr Rees-Mogg) holding, until he just put it away in his pocket, his mobile telephone. I have long been conscious that the hon. Member possesses, and indeed uses, such a mobile phone. However, it does conflict very, very, very heavily with my image of the hon. Gentleman as the embodiment of tradition and as someone who thinks that the 17th century is indecently recent.

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

Regrettably, I was explaining why I was delayed for a 2 o’clock appointment—so that I would have the pleasure of being in the Chamber to listen to this important urgent question. My apologies for being unduly modern. I hope, Mr Speaker, you will follow in my footsteps of antiquity as a general rule.

To come to the gist of the question, I wonder whether it is correct that the Joint Committee will be subject to article 4 of the treaty, which means that any rulings it provides are senior law in the United Kingdom and therefore could overwrite statute law—making Henry VIII powers, which have been a matter of some controversy in this House, seem relatively minor?

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[Kwasi Kwarteng]

I admire my right hon. Friend’s brevity and succinctness.

[Mr Speaker]

I am sure that the right hon. Member for New Forest West (Sir Desmond Swayne) will regard it as the encomium of all encomiums to have tribute paid to him by the junior Minister; he may well feel so uplifted by the tribute that he wishes to have it framed. However, I say gently to the Minister that his tribute suffers from one notable disadvantage: despite its generosity, it offered no answer to the question.

[Mr Laurence Robertson (Tewkesbury) (Con)]

The Minister has referred several times to the devolved Administrations, but he will be aware that the Northern Ireland Assembly has not sat for over two years, so how does he think the Joint Committee will take note of the thoughts coming from the Province on what is, of course, one of the big issues of the whole agreement?

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[Kwasi Kwarteng]

With regard to the Joint Committee, if we assume that the implementation period lasts until the end of 2020, as is set forth in the agreement, there will certainly be ministerial involvement—Ministers will be involved—in, I suspect, every meeting of the Joint Committee. With regard to devolved matters, I know that my hon. Friend, in another capacity, is an extremely active MP who represents the interests of his constituents, and he and other colleagues across the House will be fully engaged in devolved matters, as has already been the case.

[Mr Speaker]

I call Mr Marcus Fysh.

[Mr Marcus Fysh (Yeovil) (Con)]

Thank you, Mr Speaker, and very well done for granting this urgent question. I have been really concerned about this matter for a long time.

I want to talk about the mutual consent provision in article 166. Effectively, in certain circumstances, it gives the EU a hard veto over what the decisions are. The Minister said that no negotiation was planned, but we know that the customs procedure embedded in the plans for a backstop, should we be unable to agree a subsequent agreement, is admitted by the UK Government and the EU to be unworkable in its current form, is non-compliant with the Union customs code and is incomplete with respect to matters such as what happens to VAT at our borders or what happens with the export declarations. The customs procedure itself specifies that unilateral measures can be taken by the EU, should it not be satisfied with that procedure. The whole point is that these matters, and the rectification of these matters, are fundamental to the collection of taxes at our borders. There is no way in the world that we as a House should ever contemplate giving the EU power over how they are changed, as this provision does.

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[Several hon. Members rose—]

[Mr Speaker]

Order. I am most grateful to the Minister and colleagues. We now move on to an urgent question from Mr John Baron.