EU Withdrawal Agreement

Steve Barclay Excerpts

Tuesday 18th December 2018 Commons Chamber

[The Secretary of State for Exiting the European Union (Stephen Barclay)]

Notwithstanding the tone of the remarks by the right hon. Member for Ross, Skye and Lochaber (Ian Blackford), or indeed his conclusion asking the Prime Minister to stand down—in opening his remarks he asked the Prime Minister to stand here and reply—and notwithstanding the inherent contradictions at both the start and the end of his speech, I congratulate him on securing the debate. I recognise that this is an important issue and one on which I know, given that the Prime Minister took questions for two and a half hours yesterday, many Members wish to contribute. I shall therefore keep my remarks relatively brief, but I wish to address directly a number of the points raised by the right hon. Gentleman. He opened his speech by saying that there is a binary choice—

[Ian Blackford]

That’s what you are doing.

[Stephen Barclay]

I am slightly confused: I am simply quoting back to the right hon. Gentleman how he opened his speech, which he seems to be taking issue with. Members might be forgiven for having slightly lost the train of his argument, but let me remind them—

[Carol Monaghan (Glasgow North West) (SNP)]

rose—

[Stephen Barclay]

I understand why the hon. Lady does not want to hear her leader’s remarks quoted back, so will happily take her intervention.

[Carol Monaghan]

Does the Secretary of State understand the word “binary”? It means two parts, which means there are two choices. At the moment, the two choices open are deal or no deal. That is binary.

--- Later in debate ---

[Stephen Barclay]

I appreciate the hon. Lady’s pointing out the definition of “binary”. I was coming on to say that I think there is a third choice, to which the Prime Minister has repeatedly alerted the House: the risk of no Brexit at all. My point was that the right hon. Gentleman argued that there was a binary choice, while the substance of his remarks was to argue for a third choice. That seems to be an inherent contradiction in the case that he put forward. Notwithstanding that, he went on in the next section of his speech to talk about honesty. I do not think that the way to demonstrate honesty, particularly to the young electorate of which he spoke, is to say to that electorate, “We will give you a choice and respect that choice,” and then when the electorate deliver that choice to say, “Sorry, we are not actually going to honour that.” To me, that is not the way to approach a debate with honesty.

[Mr Nigel Evans (Ribble Valley) (Con)]

The referendum had the second largest turnout of any electoral exercise in the entire history of the United Kingdom, and we know that the result was a margin of 1.4 million, but when I listen to the Scottish nationalists speak it appears to me that not only do they want to say no to that result—the democratic wishes of the people of the United Kingdom—but to ignore completely the fact that more than 1 million Scottish people voted to leave the European Union. Does my right hon. Friend believe that they should have their voices heard as well?

[Stephen Barclay]

I very much agree with my hon. Friend. It is not just that SNP Members want to say no; they seem to say no to the decision of the electorate but yes to giving them a decision. They gave them a decision on the independence referendum but then said that they did not want to listen to it. There was then the decision on the EU referendum, but they say they do not want to listen to that, either.

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

Will the Secretary of State give way?

[Stephen Barclay]

Of course I will give way to the hon. Lady, but the point is that if one is talking of honesty and listening to the electorate, the starting point is to respect the decisions that the electorate take.

[Patricia Gibson]

Once again, we have a Tory Front Bencher or Prime Minister coming to the House and talking, because it suits them to talk, about the result of the referendum, but taking no cognisance of the fact that cheating occurred, according to the Electoral Commission, or of the fact that people were lied to about £350 million a week for the NHS. As the Secretary of State wants to talk about honesty, will he face up to the fact that people were lied to, as pointed out by the former Tory Prime Minister John Major?

[Stephen Barclay]

Far be it from me to keep pointing out contradictions, but the right hon. leader of the SNP began his remarks by saying that he wanted the Prime Minister to come to the Dispatch Box, and now we have interventions complaining about the fact that the Prime Minister has been coming to the Dispatch Box. If the hon. Lady would like to draw attention to the fact that the Government are committing an extra £20.5 billion a year to the NHS to ensure that it is fit for the future, I am grateful to her for doing so.

--- Later in debate ---

[Madam Deputy Speaker]

Order. [Interruption.] Order. We will have no more on this subject. The fact is that there are different interpretations of the actions of people in a Parliament other than this. I am satisfied that both sides have been heard, and that the facts are on the record. We will leave aside that point of order and allow the Secretary of State to continue with his speech.

[Stephen Barclay]

One could be forgiven perhaps for being confused over the SNP’s position on these matters, because no doubt the electorate are also confused. They were told in 2014 that there was a vote to listen to the Scottish people. The Scottish people duly spoke and said that they wanted to be a part of the United Kingdom, and now the position appears to be to no longer listen to the Scottish people and to ignore their views.

[Several hon. Members rose—]

[Stephen Barclay]

I shall take two more interventions and then I will make some progress.

[Douglas Ross (Moray) (Con)]

I thank the Secretary of State for giving way as I was not afforded the courtesy of being able to intervene on the right hon. Member for Ross, Skye and Lochaber (Ian Blackford). As he spoke about the 2014 referendum on Scottish independence, he set out to the House how great the White Paper was that the SNP had produced. The SNP no longer stands by its White Paper on Scottish independence. Does that not just show what the SNP is all about? It is not even worth listening to, because what it speaks about, not even it can defend.

[Stephen Barclay]

I am grateful to my hon. Friend for his intervention. It is perhaps not a surprise that, notwith- standing its 800 pages, one could finish reading it and still be left confused as to what the SNP’s position is.

[Mark Pritchard (The Wrekin) (Con)]

I am grateful to the Secretary of State for giving way. It is good to hear him have at least a few sentences before being interrupted by the SNP. Does he envisage any circumstances in which the Government might revoke article 50—a de facto extension of article 50—in order to give the Government more time to prepare for a World Trade Organisation-terms Brexit, or to prepare for a better deal given by Europe to the United Kingdom? Does he envisage any such circumstances within, perhaps, the next two months?

[Stephen Barclay]

I am grateful to my hon. Friend; he raises a point of substance. The point is that the court case was clear that one cannot revoke as a temporary measure with a view to the circumstances to which he alludes. That actually is not within the scope of what the court case says. I will come on to that if I get a chance to progress further in my remarks.

Let me pick up on a further point that the right hon. Gentleman made at the opening of this debate. He said that we should not be spending money on no-deal planning. Well, the reality is that I would prefer not to be spending money on no-deal planning.

[Ian Blackford]

On a point of order, Madam Deputy Speaker. I ask for your guidance, because I think it is important that we are all honest in this place. If anyone looks at the record, they will see that what I did say was that we are wasting money on no deal that should be invested in frontline services. The Secretary of State has a duty to make sure that he is correct.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. Again, I am not the adjudicator of whether what any Member says here is correct as far as other Members are concerned, but it is my duty and my intention to make sure that the facts and the truth are always on the record. I am quite sure that the Secretary of State will deal with that point.

[Stephen Barclay]

I am grateful to you, Madam Deputy Speaker, for your clarification. I am very happy to stand by that clarification. I thought that the substance of what the right hon. Gentleman was saying—I realise that there was a lot of confusion over his speech—was that he was not in favour of spending money on no deal preparations. I thought that was the kernel of his point. Perhaps he is in favour of spending money on no deal preparation.

[Ian Blackford]

indicated dissent.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

rose—

[Stephen Barclay]

I give way to my hon. Friend with pleasure.

[Alec Shelbrooke]

I am grateful to my right hon. Friend for giving way. Perhaps he can shed some light on the confusion that I feel following the right hon. Gentleman’s speech. He spoke of wanting a second referendum and a people’s vote, but he said that he did want no deal on it, and he did not want the deal on it. Can we have a referendum with just one question on it, which is to remain?

[Stephen Barclay]

My hon. Friend points to how one might achieve that unicorn, which is to end the uncertainty over the SNP’s position. Notwithstanding the fact that it is a waste of money to have multiple referendums—that waste of money is obviously acceptable whereas other ways of wasting of money are not—I simply draw the attention of the House to the fact that the best way to avoid incurring the cost of no deal is to back the Prime Minister’s deal.

[Alan Brown]

rose—

[Stephen Barclay]

I want to make some progress. I have taken a fair number of interventions. I did start by saying that I was very conscious that many Members would want to come in on the debate. The first two speeches have taken quite a bit of time, so I should probably crack on.

The responsible act of a Government is to prepare for the contingency of a no deal, but it is absolutely our priority to secure a deal, and that is what the Prime Minister continues to work day and night to do.

Let me make some progress. As the Prime Minister set out yesterday, we intend to return to the meaningful vote debate in the week commencing 7 January and to hold the vote the following week. As I will set out, that is consistent with our crucial next step of responding to the concerns expressed by MPs on the backstop and I make no bones about accepting, as the Prime Minister has done, that the deal that the Government secured was not going to win the support of the House without further reassurance, and that is the message that the Prime Minister has been clear about in her meetings and communications with EU leaders.

At last week’s European Council, the Prime Minister faithfully and firmly reflected the concerns of this House over the Northern Ireland backstop.

In response, the EU27 published a series of conclusions, making it clear that it is their

“firm determination to work speedily on a subsequent agreement that establishes by 31st December 2020 alternative arrangements, so that the backstop will not need to be triggered.”

The EU27 also gave a new assurance in relation to the future partnership with the UK to make it even less likely that the backstop would ever be needed, by stating that the EU

“stands ready to embark on preparations immediately after signature of the Withdrawal Agreement to ensure that negotiations can start as soon as possible after the UK’s withdrawal.”

EU leaders could not have been clearer; they do not want to use this backstop. The conclusions from the European Council go further than the EU has ever done previously in trying to address the concerns of this House. Of course, they sit on top of the commitments that we have already negotiated in relation to the backstop. Let us remember the real choice, which is between the certainty of a deal and the uncertainty of the alternatives.

[Rebecca Pow (Taunton Deane) (Con)]

Does the Secretary of State agree that the best way to provide security for the economy is to agree the deal? We heard a great deal from the right hon. Member for Ross, Skye and Lochaber (Ian Blackford) about jeopardising jobs and people losing jobs. If we agreed the deal and the Prime Minister could get some security over the backstop, it would provide the greatest security for jobs that we could give the whole nation, including the Scottish.

[Stephen Barclay]

I am sure my hon. Friend speaks for the vast majority of businesses in Taunton Deane and elsewhere in the United Kingdom that want the certainty of a deal, the benefits of an implementation period that allows businesses to continue trading as now until the end of 2020, and the many other benefits secured by this deal, including a skills-based immigration system, the protections for 3 million EU citizens living in the UK and over 1 million UK nationals living in the EU, an end to spending vast sums of money and control of our fishing policy.

[Anna Soubry]

I am very grateful to the Secretary of State for giving way; it is good of him to take so many interventions. By the way, I would like publicly to congratulate him on his appointment.

The difficulty with the argument about the so-called deal and trade is that we do not have the promised deal on trade. The promised certainty, particularly in relation to frictionless trade, is not in the withdrawal agreement, which is fixed in law and will be in the treaty, but in the political declaration, which can be ripped up by either side once we have left. The certainty that business is crying out for is unfortunately not delivered by the Prime Minister’s withdrawal agreement.

--- Later in debate ---

[Stephen Barclay]

My right hon. Friend speaks with great passion on this issue and she is right about the importance of certainty. First, many businesses particularly value the certainty of the implementation period that is delivered to 2020. Secondly, it was interesting that many people who were critical of the Prime Minister over the joint statement in December 2017, which was a political declaration, were critical on the basis that it was binding. Some of the same critics now criticise the political declaration reached alongside the withdrawal agreement because they argue that it is not binding. There is an inconsistency there.

What is clear, as the Attorney General has set out to the House in a series of statements and questions, is the legal wiring that exists between the withdrawal agreement and the political declaration, giving the framework on which the future economic relationship will be based. That will give us confidence as we move forward into the second phase.

[Wera Hobhouse]

The Secretary of State has just mentioned the political declaration last December. Clearly what was legally binding was the backstop, about which everybody is now very unhappy because the political declaration is not legally binding. The right hon. Member for Broxtowe (Anna Soubry) is absolutely right that that creates worry and uncertainty. The certainty is the backstop. The Government need to come clean and be honest with everybody—Conservative Members and the public—that the backstop is legally binding.

[James Heappey (Wells) (Con)]

At least we’re here!

[Stephen Barclay]

The hon. Lady is correct that a backstop will be required in any deal that is reached with the European Union, but as my hon. Friend the Member for Wells (James Heappey) commented from a sedentary position, on an issue of such importance to the Lib Dems, it is good that the hon. Lady—unlike any of her Lib Dem colleagues—is actually in the House to make that point with such conviction.

[Hilary Benn (Leeds Central) (Lab)]

I am very grateful to the Secretary of State for giving way; he is being characteristically generous.

We read that the Cabinet is now stepping up preparations for no deal, and the Government have quite rightly given a commitment to the more than 3 million European citizens here in the UK that their rights will be protected in that eventuality. Will the Secretary of State tell the House what assurance he or his predecessors have received from the other member states about the position of the 1.2 million Brits who may find themselves without rights in those circumstances?

[Stephen Barclay]

Let me first pay tribute to the right hon. Gentleman for his work through the Exiting the European Union Committee. He will be aware of a number of the public statements that have been made—for example, in respect of the French position on safeguarding the rights of UK nationals in Europe. However, he points to the wider point about the best way to secure the rights of our own nationals in the EU, which is through the deal that the Prime Minister has agreed.

The right hon. Gentleman will be familiar with the written ministerial statement that I tabled about the position of EU citizens in the UK, which this House has long debated. As a former Health Minister, I am very conscious of the hugely valuable role that EU citizens play in our NHS, as in many other parts of our business and public life. We have made that unilateral declaration, but the right hon. Gentleman is correct that that has not been offered in all the 27 member states. Obviously that is an area of focus for us. A number of statements have been made, but the deal is the best way of securing those rights for UK nationals.

When the Prime Minister entered into this negotiation, she was told that there was a binary choice between two off-the-peg models—what are colloquially known as the Canada option and the Norway option—yet she has secured a bespoke option. From listening to this House, we have heard loud and clear the concern about the backstop element of the deal, notwithstanding the fact that there is no alternative deal that would not bring a backstop. The right hon. Member for Ross, Skye and Lochaber is an experienced parliamentarian, but he must know that it is not an option for Scotland to remain in the single market when the people of Scotland voted to remain in the United Kingdom, and that United Kingdom is leaving the European Union.

The truth is that there are three deals on offer, including the deal that the Prime Minister has secured and the option of no deal, which is not desirable. It is worth pointing out to the House that although the Government are preparing extensively for the consequence of a no deal, not all the factors that affect a no deal are within the Government’s control, as the situation is affected by what businesses themselves do and what other member states do.

[Alan Brown]

Will the Secretary of State give way?

[Stephen Barclay]

I am conscious of time, so I want to wrap up.

Cabinet members met today to discuss how, as a responsible Government, we are preparing for that possibility, which—like it or not—remains a risk that this House runs if it does not support a deal.

[Owen Smith (Pontypridd) (Lab)]

I am very grateful to the Secretary of State for giving way; he is being very generous. He says that he does not seek a no-deal scenario, and I completely take him at his word, but he equally says that a responsible Government are preparing for that possibility. Can he remind the House how big a fall in our GDP there would be if we went down that route? I recall that it is around 10%. That is about £200 billion per annum. Is it responsible to even countenance that? I do not think it is.

[Stephen Barclay]

As the hon. Gentleman knows, the Treasury Committee looked at the economic impact of the various models, and the modelling of a no-deal scenario shows a far worse impact than that of a deal. That is exactly why we are seeking a deal.

Members need to accept that it is not enough for them to be opposed to things when the default position of being opposed to everything means that the risk of no deal increases. Advocating a further referendum is not a realistic option. One reason for that is the interplay with the timing of the European Parliament elections, which act as a significant constraint on the ability to have a second referendum. A second referendum would also be a significant risk to our Union, as it would be the excuse that the SNP and others would use to call for a second Scottish referendum.

This deal will come back to this House in the new year, when we have had time to respond to the concerns expressed to date and hold further discussions with the EU27. There is broad support across the House for much of the deal. It is a good deal, the only deal, and I believe it is the right deal to offer to the country. I hope that Members of this House will look again at the risks to jobs and services of no deal, and the risk to our democracy of not leaving, and will choose to back the deal when it returns to the House.