European Union (Withdrawal Agreement) Bill

Stephen Timms Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons & Money resolution & Programme motion & Ways and Means resolution
Friday 20th December 2019 Commons Chamber

[Hilary Benn]

The Bill that the last Parliament passed did not hamstring the Prime Minister, because he achieved a renegotiation. However, to be fair, all he did was accept 95% of his predecessor’s deal and replace the previous backstop with a backstop that had been offered the right hon. Member for Maidenhead (Mrs May), but rejected on grounds that were clearly set out by the current Prime Minister to the Democratic Unionist party conference in November 2018—namely, that he would never, ever accept a border in the Irish sea, which is what he has promptly now done, which reminds us that it is not always wise to take the Prime Minister at his word.

[Stephen Timms (East Ham) (Lab)]

I wonder whether my right hon. Friend has read the Government’s impact assessment for this Bill, which says at paragraph 241:

“Goods moving from Great Britain to Northern Ireland will be required to complete both import declarations and Entry Summary…Declarations,”

thereby flatly contradicting what the Prime Minister has been saying.

--- Later in debate ---

[Stephen Timms (East Ham) (Lab)]

I echo the final sentence of the hon. Member for Ribble Valley (Mr Evans) but not much else of what he said.

The Prime Minister was understandably very anxious to hold the general election before the Bill was scrutinised. As we go through the Bill in detail, the impact of his agreement on the UK will become apparent. The agreement will do a lot of damage to our constitution and to our economy, and Government Members will have a lot of explaining to do to their constituents as those impacts become apparent in the years ahead.

I want to raise two points. First, I want to deal briefly with an important subject that I raised with the Prime Minister in the House on 19 October. I asked him whether he understood the worries of manufacturing exporters, as set out by their organisation, Make UK, about new rules of origin checks and other red tape that his deal will impose on them. He answered:

“The reason I am not worried about that is that there are no new rules of origin checks.”—[Official Report, 19 October 2019; Vol. 666, c. 594.]

But that is not what his deal says. Paragraph 22 of the political declaration, which he negotiated, refers to

“appropriate and modern accompanying rules of origin”

for the proposed free trade agreement, in direct contradiction to what he said in the Chamber. Of course, the reality is that there will have to be rules of origin checks to stop products from countries outside Europe entering the European Union via a UK free trade agreement.

Secondly, I want to talk about a subject—it has been aired already in the debate—where again the Prime Minister’s statements contradict directly the agreement that he has negotiated. The withdrawal agreement’s protocol on Ireland and Northern Ireland—in paragraph 4 of article 5—states:

“The provisions of Union law listed in Annex 2 to this Protocol shall also apply…in respect of Northern Ireland.”

Annex 2 comprises 34 pages and lists what I count as 287 separate items of EU law that will continue to apply in Northern Ireland but not in the rest of the UK. The hon. Member for Ribble Valley was celebrating exiting the customs union, but of course Northern Ireland will not exit the customs union.

The first of those 287 items of EU law is the European Union customs code, which will continue to apply in Northern Ireland after the UK has left the EU, and that will have far-reaching consequences for Northern Ireland. I pay tribute to the hon. Members for North Down (Stephen Farry) and for Belfast South (Claire Hanna), who both made fine maiden speeches highlighting some of these issues. In an earlier intervention I quoted from the Government’s own impact assessment. Paragraph 241 states:

“Goods moving from Great Britain to Northern Ireland will be required to complete both import declarations and Entry Summary (ENS) Declarations because the UK will be applying the EU’s UCC—

the Union customs code—

in Northern Ireland.”

[Ian Paisley (North Antrim) (DUP)]

On the issues that the right hon. Gentleman has identified, does he agree that for any business in Northern Ireland—remember that 70% of our trade is with the rest of the United Kingdom—the codes that he has read out put a significant burden on doing business from Northern Ireland with the rest of our nation, and that should be changed if this goes ahead?

[Stephen Timms]

Undoubtedly the measure does that, but it is hardwired into the deal that the Prime Minister has done. What he means in claiming that there will be no checks across the Irish sea is anyone’s guess—just read the Government’s own documents. His statement is quite clearly untrue. The Treasury presentation on the Northern Ireland protocol that we have been reminded of makes the position clear:

“At minimum, this means that export summary declarations will be required when goods are exported from NI to GB, in order to meet the EU’s obligations under the SAFE framework.”

It continues, in a slide in the presentation headed “Economic Impact on NI”:

“Customs declaration and documentation and physical checks on W/E and E/W trade will be highly disruptive to the NI economy.”

That is the truth about where we are heading. There will be major damage to the Union between Northern Ireland and Great Britain. One of the ironies of this is that it has been directly facilitated by the party in this House whose raison d’être is to maintain the Union.

The agreement that is implemented in the Bill will damage the UK, it will put the continued existence of the UK in its current form at risk, and it will damage the UK economy. I shall oppose it, and those who support it today will have a lot of explaining to do to their constituents as the impacts unfold over the years ahead.

European Union (Withdrawal Agreement) Bill

Stephen Timms Excerpts

Committee stage & Committee: 2nd sitting: House of Commons & Committee: 2nd sitting
Wednesday 8th January 2020 Commons Chamber

[The Parliamentary Under-Secretary of State for Northern Ireland (Mr Robin Walker)]

Before I address the provisions we are debating, I wish to acknowledge the enormous hard work and professionalism of officials in the Department for Exiting the European Union, in which I had the privilege to serve for more than two years, and in the territorial offices in which I have served since, in bringing this Bill and the withdrawal agreement to the position they are in today. I pay tribute to all those in the devolved Administrations and the Northern Ireland civil service who have contributed to our work on EU exit and to ensuring that the whole UK is able to leave the European Union in an orderly way. The Bill may have been a long time in coming, but it is delivering on a mandate for the whole United Kingdom. It has been a privilege to work with colleagues from every part of the United Kingdom in preparing and delivering it.

I agree with the hon. Member for Bristol West (Thangam Debbonaire) about the importance of the Good Friday Belfast agreement. It is absolutely right that it has been a central focus of the exit process from the start. We do not need amendment 1 to state our firm commitment to both the Good Friday agreement and the principle of consent, or, indeed, my party’s absolute commitment to the United Kingdom.

I shall talk briefly to the purpose of clauses 18 to 37 and schedules 3 and 5 before I go into the detail of the amendments. As a Northern Ireland Minister, I make no excuses if most of my focus in respect of the amendments is on Northern Ireland. I am sorry not to have heard from more Northern Ireland colleagues so far; I shall try to make time to ensure that I can.

First, the clauses set out how EU law will be wound down at the end of the implementation period. Secondly, they enable the UK to fulfil its international obligations under the financial settlement. Thirdly, and crucially, they implement the regulatory, customs and other arrangements contained in the Northern Ireland protocol; protect rights and arrangements contained in the Belfast Good Friday agreement; and avoid a hard border. Fourthly, they update the European Union (Withdrawal) Act 2018 so that it operates as intended in the light of the withdrawal agreement. Fifthly, they allow UK courts to interpret UK laws and not to be inadvertently bound by historic European court cases. Sixthly, they provide a mechanism for Parliament to consider EU legislation that raises a matter of vital national interests, thereby increasing parliamentary scrutiny. Seventhly, they ensure that the Government are properly accountable for their work in the withdrawal agreement Joint Committee, and that Parliament should be informed on formal dispute proceedings that arise from the withdrawal agreement. Eighthly, they guarantee that we can ratify the withdrawal agreement on 31 January by ensuring that once the Bill receives Royal Assent there are no further parliamentary hurdles to ratification. Ninthly, they repeal unnecessary or spent enactments relating to EU exit.

I shall now address the amendments—

[Stephen Timms (East Ham) (Lab)]

rose—

[Mr Walker]

I am happy to take interventions as I address the amendments; perhaps the right hon. Gentleman will let me move on to that first.

I agree with what the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) said in an intervention about the importance of every part of the UK being heard. I recognise that many of the amendments are focused on securing Northern Ireland’s interests in the next phase of the Brexit process, and we absolutely recognise the support they have received from across the Northern Ireland business and political community. If and when the Executive are restored, the UK Government will be ready to consider commitments concerning the Executive’s role in future discussions with the European Union and to engage with them as we safeguard Northern Ireland’s integral place in the UK. The Government cannot accept any of the amendments to the clauses that implement the protocol on Ireland and Northern Ireland, for a number of reasons.

First, let me address new clauses 14, 15, 39 and 40, all tabled by the right hon. Member for Lagan Valley, as well as new clauses 63 and 13. At the outset, I should confirm that the protocol does not affect the constitutional status of Northern Ireland, which remains part of our political and economic union.

[Stephen Timms]

The Government’s impact assessment for the Bill states:

“Goods moving from Great Britain to Northern Ireland will be required to complete both import declarations and Entry Summary (ENS) Declarations”.

Is that statement correct?

[Mr Walker]

It is clear that there are reporting requirements in the functioning of the protocol, but, as is clearly set out in article 6 of the protocol, we want to ensure that we use the Joint Committee to reduce them and make sure that we have the absolute minimum burden. The protocol itself clearly gives the Government the ability to provide unfettered access. I shall address that in more detail as I go on.

Northern Ireland remains in the UK customs territory and can benefit from future trade deals that we strike with the rest of the world. The Prime Minister has repeatedly made it clear that the deal is good for businesses and individuals in Northern Ireland.

European Union (Withdrawal Agreement) Bill

Stephen Timms Excerpts

Consideration of Lords amendments & Ping Pong: House of Commons & Ping Pong
Wednesday 22nd January 2020 Commons Chamber

[Steve Barclay]

I shall make a little more progress before taking further interventions. I urge Members to reject both amendments.

I turn to Lords amendment 4, tabled by the noble Lord Dubs. Although the Government humbly disagree with the amendment, we recognise his sincerity about and dedication to this issue and the constructive scrutiny that he has provided on behalf of vulnerable children. The amendment would remove the provision that amends the European Union (Withdrawal) Act 2018 to require the Government to report on their policy on unaccompanied asylum-seeking children.

I can only say again, as I did in our previous debates, that the Government’s policy is unchanged. Delivering on it will not require legislation. The Government have a proud record on supporting the most vulnerable children. The UK has granted protection to more than 41,000 children since the start of 2010. In 2018, the UK received more than 3,000 asylum applications from unaccompanied children, and the UK deals with 15% of all claims in the EU, making us the country with the third highest intake in Europe. Indeed, in the year ending September 2019 the intake rose to more than 3,500.

[Stephen Timms (East Ham) (Lab)]

I am pleased that the policy has not changed, but why is the Secretary of State changing the legislation?

[Steve Barclay]

The right hon. Gentleman pre-empts the passage that I am just coming to.

As hon. Members will be aware, my right hon. Friend the Home Secretary wrote to the European Commission on 22 October on this very issue. The amendment in no way affects our commitment to seek an agreement with the EU. Primary legislation cannot deliver the best outcomes for these children, as it cannot guarantee that we will reach an agreement. That is why this is ultimately a matter that must be negotiated with the EU. The Government are committed to seeking the best possible outcome in those negotiations.