International Agreements

Steve Barclay Excerpts

Thursday 30th January 2020 Written Statements

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

The UK has strong partnerships with virtually every country around the world and aims to strengthen them as we leave the European Union.

During the UK’s membership of the EU, important aspects of these relationships have been governed through EU arrangements: through formal and informal co-operation and collaboration; dialogues; memoranda of understanding; regulatory arrangements; and in some cases through international agreements or treaties.

The Government have been committed to preserving the relationships governed by these agreements and arrangements. Accordingly, article 129 of the withdrawal agreement specifies that, for the duration of the transition period, the UK will remain bound by the obligations under existing EU-third country international agreements. In addition, the asterisk to article 129(1) provides for the EU to issue a notification to its treaty partners stating that the UK is to be treated as an EU member state for the purposes of those agreements.

Following signature of the withdrawal agreement on 24 January, the EU has now issued the notification described above to its treaty partners, as well as to the depositaries of multilateral agreements to which it is a party.

This notification provides an important platform for continuity. Some EU treaty partners may choose to respond publicly to the EU’s notification, but this is not a precondition for continuity provided a treaty partner intends the UK to be covered and continues to act accordingly.

If businesses or other stakeholders find that these arrangements, for whatever reason, are not being implemented smoothly, they should make their concerns known to the relevant UK authorities.

As of 1 February, the UK will also become bound by any obligations stemming from EU international agreements which are concluded or provisionally applied during the transition period. The Government expect that the arrangements above will also apply to such agreements.

To prepare for the end of the transition period, the Government will continue to work to transition those international agreements which are relevant and necessary, where there is mutual interest to do so. In some cases, this will be through a formal successor treaty between the UK and a third country or group of countries. In other cases, this will be through another type of arrangement, for example a memorandum of understanding.

I will be depositing a copy of the EU’s notification (in the form of a note verbale and covering letter) in the Libraries of both Houses.

[HCWS82]

Exiting the European Union

Steve Barclay Excerpts

Monday 27th January 2020 Written Statements

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

Signing of the withdrawal agreement

On Friday 24 January, the Prime Minister signed the agreement on the withdrawal of the United Kingdom from the European Union and European Atomic Energy Community. The Presidents of the European Commission and European Council signed the agreement on behalf of the European Union on the same date. The withdrawal agreement must now be ratified by both parties by 31 January to bring the agreement into force from the point when the United Kingdom leaves the European Union. Ratification by the EU will take place after the European Parliament has given its consent to the conclusion of the agreement, which is expected to happen on 29 January.

Following ratification by both parties, the agreement will enter into force at 23:00 GMT on 31 January in the UK (00:00 on 1 February in Brussels).

UK-EEA EFTA separation agreement

On Tuesday 28 January the UK, alongside representatives from the EEA EFTA States (Norway, Iceland and Liechtenstein) will also sign the UK-EEA EFTA separation agreement. First published in December 2018, this agreement protects the rights of our citizens who have chosen to call each other’s countries home, as well as resolving a small number of other issues arising from the UK’s exit from the EU. The UK-EEA EFTA separation agreement broadly mirrors the terms of the UK-EU withdrawal agreement.

The UK-EEA EFTA separation agreement will be provisionally applied by the UK from exit day. The UK-EEA EFTA separation agreement will be subject to parliamentary scrutiny processes under the Constitutional Reform and Governance Act 2010, and will enter into force in respect of the UK following ratification by the UK and at least one other party.

UKRep

Following the United Kingdom’s exit from the European Union, the United Kingdom’s representation to the European Union (UKRep) in Brussels will become a third country mission to the European Union. Formally, the mission will be titled the United Kingdom of Great Britain and Northern Ireland’s mission to the European Union and the European Atomic Energy Community. In practice, the mission will be referred to as the United Kingdom’s mission to the European Union, shortened to UKMis Brussels.

This change will take effect from 1 February 2020.

[HCWS61]

European Union (Withdrawal Agreement) Bill

Steve Barclay Excerpts

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

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

I beg to move, That this House disagrees with Lords amendment 1.

[Mr Speaker]

With this we may take Lords amendments 2 to 5, and Government motions to disagree.

[Steve Barclay]

Less than a fortnight has passed since we last debated the Bill in this House. Since then the House of Lords has sat for nearly 40 hours to debate more than 100 amendments. The noble Lords in the other place have asked this House to think again on five matters and I will address each in turn.

Turning first to Lords amendment 1 on citizens’ rights tabled by the noble Lord Oates, I know that noble Lords share the Government’s commitment to putting the rights and welfare of citizens at the heart of our withdrawal negotiations. The first part of the amendment establishes a declaratory system and the second part requires Ministers to bring forward regulations making provisions for those with declaratory rights to apply for a document evidencing their rights. This amendment would mean the successful EU settlement scheme in its current form would need to be abandoned, because there would be no need to register if people could later rely on a declaration that they were already in the UK. This would make null and void the 2.8 million applications and the 2.5 million grants of status that have already been completed. The Government would, under this amendment, also be unable to issue digital status to EU citizens without also issuing physical documents, including to those already holding a digital status under the current scheme. That would increase the risk of fraud and raises costs to Government and citizens.

[Anneliese Dodds (Oxford East) (Lab/Co-op)]

Surely the Secretary of State is aware that his own Ministers have also been stating that it might be possible for people to print off emails, for example, to provide that confirmation. There seems to be a huge number of mixed messages here. He will also be aware that many of those citizens are already being asked for that proof by employers. Surely the Government should deal with the system as it is actually being used, rather than his imagined reality of it, which is rather different.

[Steve Barclay]

The hon. Lady anticipates my next point, which is on the interplay between a physical document and the digital status, because, as she knows, digital status is more secure than any physical document could ever be, and furthermore all successful applicants receive a confirmation letter and can download secure share codes which can be printed or sent to anybody an EU citizen might need to show their status to in the future. The key is the number that is there, and digital status is the most secure, but of course people can print off the email that they receive.

The vote to leave included a desire for greater control of our borders. We need to be able to differentiate between EU citizens who arrived pre-exit and have rights set out in this Bill and EU citizens who arrive after we leave, who will be treated the same as the rest of the world under the forthcoming immigration Bill. Despite the good intentions, a declaratory status does not allow for that differentiation, so I urge Members to reject this amendment.

[Kate Green (Stretford and Urmston) (Lab)]

The Secretary of State will understand that there are, of course, some people for whom the challenge of applying for status is considerable, and the Government have said they will give reasonable consideration to those who have reason not to have applied by the deadline. One group that I and other colleagues are particularly concerned about is children looked after in the care system by local authorities, which do not in many cases have either the resources or the expertise to pursue applications for those children to obtain settled status. Will the Secretary of State assure the House that they will be protected, as they would be under a declaratory system?

[Steve Barclay]

The hon. Lady makes a fair point, and I know that she has taken a close interest in the issue over many years. As she will be aware, we have committed £9 million to work with vulnerable groups and to help sectors, including the one to which she refers, with using the settlement scheme, and we have introduced a grace period to allow additional time if there are reasons why people need to apply late.

The fact is that the scheme has no charge and almost 3 million people have applied. It is working well, but we have an outreach programme, which includes 57 organisations and money to address the hon. Lady’s point.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

The Government have previously disputed estimates from respected think-tanks that tens—probably hundreds—of thousands of European economic area nationals will fail to apply by the deadline and therefore lose their rights. Do the Government have their own estimate of the numbers? If they do not, how on earth can the Secretary of State dispute those figures?

[Steve Barclay]

That is in part why the Government have put a grace period in place; that reflects many previous debates in this House that included concerns raised by the hon. Gentleman and others about whether people might miss the deadline. Almost 3 million people have applied, which is a reflection of the fact that the scheme is working very effectively.

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)]

rose—

[Steve Barclay]

I shall make a little progress before taking further interventions.

I turn to their lordships’ amendments 2 and 3, on the interpretation of retained European Union law. Amendment 2, tabled by Lord Beith, would remove the power to set which courts may diverge from retained Court of Justice of the European Union case law, and how. Amendment 3, tabled by Lord Mackay, would insert a mechanism whereby any court thinking that CJEU case law should be departed from may ask the Supreme Court to decide.

The other place has one of the greatest concentrations of legal talent in the world, and it is only right that the Government’s intentions on such a sensitive matter should be examined by their lordships, and that challenging alternatives should be proposed. The Bill ensures that time is built in to allow consultation of the senior judiciary in all jurisdictions. It is worth repeating what my noble Friends Lords Callanan and Keen said: we will, of course, also consult the devolved Administrations.

In proposing amendment 3, the noble and learned Lord Mackay has made an interesting proposal, but the Government cannot accept this recreation of the CJEU’s preliminary reference procedure.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

As a fellow lawyer, my right hon. Friend will know the importance of the doctrine of binding precedence—stare decisis—to our common law system. That was what the amendments sought to deal with.

Anyone looking at the Lords Hansard will see that we were clearly close to a compromise with Lord Mackay, in which the necessary scheme to disapply EU law would be dealt with not necessarily by the Supreme Court but by courts of appellate jurisdiction. If we do not accept this amendment as it currently stands, will the Government try again to find a compromise when the matter goes back to the Lords? This is a fundamental principle on which we ought to be able to find agreement.

[Steve Barclay]

My hon. Friend speaks with authority and constructively about how the issue could be addressed. Let me reassure him that the Government do intend to consider and consult rigorously to ensure that CJEU case law is properly domesticated after the end of the implementation period.

Let me set out to the House, especially hon. and learned Members, that the power in clause 26 is sunset until the end of the year—the point at which courts will start interpreting retained EU law. Any change to the rules of interpretation will come in time for litigants and the courts. We will ensure that there is legal clarity at all times on the rules of interpretation.

[Mr David Davis (Haltemprice and Howden) (Con)]

I rise to support the proposal of my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), to go back to the Lords for a compromise on the matter. Of all the changes incorporated in the withdrawal Act in the past month or two, this is the weakest; it opens a swathe of problems for both Government and judiciary. Lord Mackay got very close to getting it right, and we should talk to him again.

[Steve Barclay]

I always listen intently to the constructive points put by my right hon. Friend, my predecessor but one. I draw his attention to the fact that we are committed to consulting the senior judiciary on our approach to this matter, which is my right hon. Friend’s underlying point.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Secretary of State says that he is going to consult the devolved Administrations. However, the problem is that at present the Government speak to them without taking any cognisance of their answers. Will he give me an assurance that when he consults with the devolved Administrations on this matter, he will not only listen but actually take their advice on board?

[Steve Barclay]

There was a meeting between Ministers and devolved Government representatives yesterday about taking on board the input of the devolved Administrations during our discussions on the next phase of negotiations. There have been instances in which my counterpart in the Scottish Government has paid tribute to one of the Ministers in the Department, for example, in the early consultation on the withdrawal agreement Bill. I appreciate that the hon. and learned Lady’s position will always be to desire more consultation and for the UK Government to take further note, but we are consulting and will continue to do so.

[Joanna Cherry]

I am grateful to the Secretary of State for giving way again. It is not that I desire more consultation, but that I want the British Government to take on board what the Scottish Government say—

[Joanna Cherry]

Effective consultation, as the hon. Gentleman says.

As the Secretary of State will know well, the difficulty is that the Cabinet Secretary Michael Russell, the most senior Scottish Government official with whom the British Government deal, is clear: he is listened to if he is lucky, but they never take his advice on board.

[Steve Barclay]

To say “never” contradicts comments that Mr Russell has himself made, but the hon. and learned Lady has made her point about consultation.

[Several hon. Members rose—]

[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.

[Christine Jardine]

Over the past three and a half years, there have been many arguments and debates about European citizens’ rights and their protection. Refugee children are among the most vulnerable in the world—surely none of us, regardless of the side of the argument we were on, wants their safety or the possibility of their being reunited with their families to be undermined in any way. Why, then, are the Government so determined to take such provision out of the Bill rather than going with the amendment, which would offer a guarantee and reassure everyone in the House?

[Steve Barclay]

For the reasons that I have alluded to; this is an issue that the Home Secretary is addressing.

[Several hon. Members rose—]

[Steve Barclay]

I give way to the previous Chair of the Home Affairs Committee—I am conscious that that election is still to come.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The Secretary of State has still given no reason. Why take the provision out of the 2018 Act? It is in previous legislation. There are loads of things in legislation through the decades that the Government say they disagree with, but amendments are not needed because they have said they disagree, and they do not remove those things from the statute book. That is what makes us suspect that he wants to remove it, because for some reason he thinks that it will restrict what he wants to do, and in the end, therefore, he will betray the commitments that have been made to the most vulnerable children. If not, he should keep the provision in the Act.

[Steve Barclay]

Let me address that head-on: the reason is that the purpose of the legislation is to implement in domestic law the international agreement that we have reached. That is what the withdrawal agreement Bill is doing and that is why we do not support the amendment. What drives the right hon. Lady’s concern is whether the protections will be in place for unaccompanied children. I draw her attention again to the Government’s record as one of the three best countries in the EU. The figures show that this country has the third highest intake and deals with 15% of all claims in the EU. That is the policy that the Government and the Prime Minister are committed to, and it is reflected in the Home Secretary’s approach.

[Gavin Robinson (Belfast East) (DUP)]

At this late stage in the Secretary of State’s comments, will he reflect again on Lords amendments 4 and 1? If what he says to the House is true, there is no principle at stake. If the policy and the determined will of the Government remain the same when it comes to unaccompanied child refugees, there is nothing to be lost. There was no strong defence of the Government position in the House of Lords. I urge him to consider this matter wholly and listen to voices across the House who believe that it would be better to see legislative provision than not.

[Steve Barclay]

I draw the hon. Gentleman’s attention to the comments that I have made: the policy has not changed and the Government’s commitment is reflected in the record, and that is why the amendment should be resisted.

Lords amendment 5 seeks to recognise the Sewel convention. The convention is already found in statute, in the Scotland Act 1998 and the Government of Wales Act 2006. However, the convention in no way limits parliamentary sovereignty. As hon. Members will recall from the Miller case, the Sewel convention is fundamentally political. It was found then not to be justiciable and to reflect it in this statute should not change that.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

The Prime Minister has made it clear that he thinks that the Union is important, as I do, but it is unprecedented that the Senedd, the Scottish Parliament and the Northern Ireland Assembly have refused consent for the Bill. The Welsh Government have made it very clear in refusing consent that it is because the UK Government can potentially force them to accept international obligations in the future relationship, which could impact on devolved competences. When we think about such things as the NHS, that will be absolutely crucial. Will the Secretary of State be clear whether he is going to work with—as well as just meeting and ticking the box—the devolved Administrations on the future negotiations, or is he going to impose this, generating further conflict and damage to the Union?

[Steve Barclay]

The hon. Gentleman and I both treasure the Union and want to work to ensure that it is preserved. To address his point, we had a meeting yesterday with devolved representatives, including the Welsh Government, to hear their input in the next phase. We are committed to working with the Welsh Government, among others, as we shape that negotiation.

As was noted in the other place, the issue that I was describing is not quite what the amendment turns on. As the noble Lord Callanan said when responding to this amendment yesterday:

“What matters is that the Government continue to uphold the Sewel convention”.—[Official Report, House of Lords, 21 January 2020; Vol. 801, c. 1074.]

We have done so in the passage of this Bill, including by ensuring that devolved Ministers will have a clear role in the functioning of the independent monitoring authority, particularly in their role in nominating to its board members with specialist devolved expertise.

On 17 January I wrote to Mike Russell and Jeremy Miles, my counterparts in the Scottish and Welsh Governments, to make clear the Government’s commitment to the legislative consent process and the enduring power and value of our historic partnerships. We are of course disappointed that the devolved legislatures have nevertheless not consented to the Bill.

[Wayne David (Caerphilly) (Lab)]

Will the Secretary of State give way?

[Steve Barclay]

I will take one more intervention, but the direction from the Chair is that I should allow other Members to speak in the debate and not take undue time.

[Wayne David]

Given the Secretary of State’s reference to the letter to the Welsh Government and the Welsh Minister, how does he square the circle of wanting, on the one hand, to reinforce the principles of Sewel and so on, but on the other, wanting to amend the legislation to withdraw the commitment?

[Mr Speaker]

Order. I am bit bothered about time. We have quite a few Members who want to make speeches. I remind Members that they cannot just walk in and put a question to the Minister—let us all work together for one another.

[Steve Barclay]

I was trying to be generous in taking interventions, but I will take your direction, Mr Speaker.

We very much respect the devolved Governments’ opposition to Brexit as a whole, but the legislative consent process should not be the place to show such disagreements; rather, it is for voicing concerns with parts of legislation that relate to devolved competences. The refusal of legislative consent in no way affects the Sewel convention or the Government’s dedication to it. However, as recognised by both Mike Russell and Lord Sewel, these are not normal times. Given those circumstances, I urge Members to reject this amendment.

We have covered significant ground in debating this Bill. Once passed, it will stand as an historic piece of legislation. I therefore hope that the House will respectfully disagree with their lordships’ amendments.

[Thangam Debbonaire (Bristol West) (Lab)]

I rise on behalf of the Opposition to explain why we oppose the Government on all five of their motions to disagree with their lordships.

On EU citizens’ rights, their lordships passed an amendment providing for, first, a declaratory system for gaining settled status and, secondly, for a physical document. The declaratory system would honour the previous Government’s pledges to EU citizens living here before we leave the EU that they would enjoy the exact same rights as before—we are just asking this Government to honour that. It would avoid the cliff edge of time limits—the grace period still means that there is a time limit—and pressures on people who have the legal right to be here but who, for various reasons, are being asked for yet more evidence or have only been given pre-settled and not yet settled status.

The Government talk of the 2.5 million people who have been granted status, but many of those who have applied for settled status and are entitled to it have been granted only pre-settled status, which does not give that promised certainty. Many people are not aware that they need to apply, particularly those who have been here since childhood. Others may not apply in time, for many good reasons. The Secretary of State says that late applications for good reasons will be considered, but we do not really know what good reasons will count. That does not give certainty.

The Minister in the other place argued that declaratory registration is not necessary because the current scheme addresses all problems, but it does not. The arbitrary time limit and the problems and delays in securing status all risk making some people who should be lawfully resident unlawfully resident past the time limit.

The physical document—the other part of the amendment—is vital. Surely we in this Chamber all know that internet signals are not reliable. People do not all have smartphones. Other categories of non-UK citizens have a physical document, so it is not surprising that the Residential Landlords Association say that it is deeply concerned about the lack of physical proof and that landlords are not, and should not be treated as, border police. In a perverse justification of the policy, Ministers have said that providing a physical document, as this amendment proposes, would make a future Windrush-style scandal more likely. On our understanding, it is the exact opposite.

European Union (Withdrawal Agreement) Bill

Steve Barclay Excerpts

3rd reading & 3rd reading: House of Commons
Thursday 9th January 2020 Commons Chamber

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

During the Committee stage this week and today on Third Reading we have had good debates on the withdrawal agreement Bill. This Bill will implement in UK law the withdrawal agreement between the United Kingdom and the European Union, ensuring that the UK departs the EU with a deal, getting Brexit done on 31 January, as we promised the British public we would. It will once and for all deliver on the mandate given to us not once but twice: in June 2016 and again in December 2019.

I would like to thank Members across the House who have contributed to the Committee stage over the last two years—two days. [Interruption.] Sometimes days can feel like years, but the new tone of this House obviously makes time seem to pass much quicker. I also add my thanks to the Clerks and officials in the Public Bill Office, who consistently provide invaluable support to Members in the House.

We have had three excellent maiden speeches in this debate, which also saw the very welcome return of my hon. Friend the Member for Ribble Valley (Mr Evans) to the Chair, continuing the Lancashire theme that we had at departmental questions. There was also the welcome election of the first female Chair of Ways and Means.

My hon. Friend the Member for Montgomeryshire (Craig Williams) gave an excellent maiden speech—although he does have the benefit of having done it before. He spoke with warmth and passion about his home seat. He rightly paid tribute to his much-loved predecessor, who has given 50 years so far of public service. Having worked closely with him as my special adviser in the Department, I know that he will champion Wales throughout his time in the House, and I look forward to resuming my conversations with him on agriculture, and I am sure on rugby as well.

The hon. Member for Putney (Fleur Anderson) gave a very good maiden speech, showing her passion for her constituency, and for the community groups and the community spaces with which she has worked. She referenced Clement Attlee and gave a speech that I am sure he would have been very proud to hear. She is right to highlight the value of the European Union citizens in her constituency. That is one of the safeguards that this Bill delivers, because we value their contribution not just in Putney but across the United Kingdom.

My hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds) gave a first-class maiden speech, which displayed his clear and detailed knowledge and experience of immigration issues, and indeed it was clear that he held the attention of the House. It signalled the valuable contribution that I know he will make to forthcoming debates.

We also had a number of very powerful speeches from some of the most experienced Members of the House. My right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) spoke of the importance of place and the people who have spoken within that place, and with his 30,000-plus majority they certainly have spoken very clearly on behalf of my right hon. Friend.

My right hon. Friend the Member for North Shropshire (Mr Paterson) spoke about the importance of democratic accountability and of restoring control over our fishing, an issue that he has championed throughout his time in this place. We will restore to this country the advantages of our spectacular marine wealth through this Bill.

My hon. Friend the Member for Stone (Sir William Cash) spoke of this as a great moment in our democracy and it being a tribute to the British people. I gently say to my hon Friend that it is also a tribute to him, who, despite criticism over the years, has stuck fast to his principles, and that is reflected in this Bill.

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

I entirely endorse that tribute. Under the Bill, and specifically under article 50, we will leave the European Union at 11 pm GMT on 31 January. As we leave at a precise specified time, those who wish to celebrate will need to look to a clock to mark the moment. It seems inconceivable to me and many colleagues that that clock should not be the most iconic timepiece in the world, Big Ben. Will my right hon. Friend make representations to the House of Commons Commission, whose decision it is, that Big Ben should bong for Brexit?

[Steve Barclay]

My right hon. Friend will know that my opposite number often talked of a clock ticking. He will also know that that decision is for the House authorities, but I am sure they will have heard the representations he makes. This is an important moment in our national story, and I am sure they will want to reflect that in the appropriate way.

My hon. Friend the Member for Chichester (Gillian Keegan) gave a very insightful speech, reflecting her detailed commercial expertise. She is particularly right to draw the attention of the House to emerging technologies as one of the key opportunities unlocked by taking back control of our trade policy. My hon. Friend the Member for Tiverton and Honiton (Neil Parish) spoke with the experience of a former Chair of the European Parliament’s agriculture committee. As a farming constituency MP myself, I know that when he talks about what the National Farmers Union calls the “utter madness” of the three-crop rule, dictating to our farmers what they can and cannot grow, he speaks powerfully of the opportunities that the Bill will unlock.

This evening, the Bill will pass to the other place with a very clear mandate from this House that now is the time to move forwards. I anticipate constructive scrutiny, as we would expect of the other place, but I have no doubt that their lordships will have heard the resounding message from the British people on 12 December and that they will have seen the clear will of this House as expressed by the sizeable majorities in the Committee votes. The other place has, on more than one occasion, shown itself capable of acting at remarkable speed when it considers that it is in the interests of democracy and votes in this House. Given that, it is my sincere hope that their lordships will now give due regard to the clear majorities in Committee and establish their endorsement of the Bill in a similar timely fashion.

The Bill will secure our departure from the European Union with a deal that gives certainty to businesses, protects the rights of our citizens and ensures that we regain control of our money, our borders, our laws and our trade policy. Once the Bill has been passed and the withdrawal agreement ratified, we will proceed swiftly to the completion of a free trade deal with the EU by the end of December 2020, as laid out in our manifesto, bringing the supremacy of EU law to an end and restoring permanently the sovereignty of this place.

The European Commission President yesterday gave what I thought was a very thoughtful speech at the London School of Economics, speaking of old friends and new beginnings. She expressed her desire to establish a future relationship that is “unprecedented in scope”. In our later meeting with the Commission President, the Prime Minister made it clear that we share her desire for a relationship based on our shared history, interests and values. That is what we intend to build as a consequence of the Bill.

Three years ago, Parliament entrusted the decision of our relationship with the EU to the British people. By passing the Bill, we will send a clear message that we have listened and we have acted. In doing so, we will restore trust in this House and in our democracy. Once Brexit is delivered on 31 January, we can turn our eyes towards our other national priorities: education and skills; making our country safer; investing in the future of our much-loved NHS; and levelling up all parts of the United Kingdom. This is what people care about. It is what this people’s Government cares about. Passing the Brexit Bill will unlock the time and energy to make those priorities a reality.

It is time to get Brexit done. The Bill does so. I commend the Bill to the House.

Question put, That the amendment be made.

Oral Answers to Questions

Steve Barclay Excerpts

Thursday 9th January 2020 Commons Chamber

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

18. What plans the Government have to mark the UK leaving the EU on 31 January 2020.

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

I begin by congratulating my hon. Friend on his election to the seat of Warrington South. I look forward to his advocacy on issues relating to our exit from the European Union. We stand ready to work with businesses up and down the country as we mark an important moment in our national history: leaving the European Union on 31 January.

[Andy Carter]

How will my right hon. Friend ensure that small businesses, which have been, and are, the engine of growth in my constituency, are able to share in the benefits of leaving the EU and in celebrating our departure on 31 January?

[Steve Barclay]

Before coming to the House, my hon. Friend was a champion of small businesses in Warrington, and I know he will continue to be so during his time in this place. The best way that we will support businesses in his constituency is by having control of our money, borders and laws. That is what our exit from the European Union does, and that is what he should rightly celebrate on 31 January.

[Hon. Members]

Hear, hear!

[Steve Barclay]

From the reaction of the House, it seems my hon. Friend has struck an extremely positive note in one of her first contributions. I again welcome her to the House. I know her constituency is famed for its beer, and I am sure that many Members would welcome those breweries celebrating this occasion in such a way, just as I would welcome the fantastic Elgood’s Brewery doing so, which sits in my constituency.

[Mark Logan]

Will my right hon. Friend consider the idea, as a lot of my constituents have, of commemorating this day of real constitutional importance by having an anniversary on the date every year?

[Steve Barclay]

I very much welcome my hon. Friend to his place, not least as a fellow Lancastrian; I am sure Mr Speaker knows of our Lancastrian pride. He brings an important suggestion. Again, it is all part of marking this significant moment in our national history.

[Daniel Kawczynski]

Will my right hon. Friend acknowledge that 31 January is a significant day not only for us here in the United Kingdom but for hundreds of millions of Eurosceptics across the continent of Europe who share concerns about the direction of travel of the European Union, including many citizens in my country of birth, Poland? Does he agree that it is important for us to celebrate this day very publicly, as a nation, to give a guiding principle to others in Europe that there is life outside the European Union?

[Steve Barclay]

My hon. Friend is right to draw attention to the fact that this is an important day not just for our own citizens but for many elsewhere who recognise the importance of this event in terms of democracy and respecting the democratic decisions that people take, rather than overturning them, as has sometimes been the intention in the past. He has always been a champion of close ties between the UK and Poland, and I think that whatever celebrations there are will continue in that vein.

[Hilary Benn (Leeds Central) (Lab)]

Do the Government’s plans for the end of this month still include the abolition of the right hon. Gentleman’s Department? If so, which Department and which Minister will take responsibility for the very important negotiations that are about to begin?

[Steve Barclay]

I pay tribute to the work of the right hon. Gentleman during his tenure as Chair of the Exiting the European Union Committee. He knows from his time in Government that machinery of government changes are announced in the usual way by the Prime Minister, and No. 10 has signalled that it intends to do so. He should also be aware, because we publicly stated it, that the Department will draw to a close to mark our exit. It is the Department for Exiting the European Union, and we will have exited and done the job of the Department when we leave on 31 January.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I welcome the Secretary of State back to this House. We have always got on very well, and he is much cleverer than me, but I do have a couple of degrees in economics. When the President of the European Commission comes here and says that in any deal, if we do not have free movement of labour we will not get free movement of goods and services, is that not something that we should all be very sad about as we leave the European Union?

[Steve Barclay]

I am always grateful to the hon. Gentleman for how he champions his constituents and raises thoughtful points. He is quite right to pick up on what I thought was a constructive speech from the European Commission President at the London School of Economics yesterday and to draw the House’s attention to it. What I took away from her speech was her language about wanting a very ambitious partnership—she referred to

“old friends and new beginnings”

and drew on her own time in London and how much she enjoyed it and valued the United Kingdom. She wanted to see a close partnership, whether on climate change, security or many other issues on which we have values in common with our neighbours.

[Patrick Grady (Glasgow North) (SNP)]

Will the Government confirm whether they are going to request the chiming of Big Ben to mark 11 pm on 31 January? This is not going to be a moment of celebration for many people across the UK; it will be a moment of considerable concern, not least for my constituents who are European Union nationals. Perhaps we should be asking the Government: if they do want to hear the bell chime, for whom will the bell toll?

[Steve Barclay]

I welcome this late conversion on the part of the Scottish National party to celebrating our exit and having Big Ben chime. As the hon. Gentleman will know, a decision as to whether Big Ben should bong or not is one for the House authorities and I would not dare to step into such terrain. The wider point, as I think the mood of the House has demonstrated, is that this is an historic moment and many Members of the House wish to celebrate it.

[Daniel Zeichner (Cambridge) (Lab)]

I urge the Government to be careful about the tone that is adopted at the end of January. They will appreciate that there are many who do not see this as a moment for celebration. In particular, may I ask the Secretary of State what measures are being put in place for the large numbers of non-UK EU nationals, of whom there are many in Cambridgeshire, who will feel particularly vulnerable at that point?

[Steve Barclay]

The hon. Member is absolutely right, and I hope that colleagues across the House will see that I always try to take a tone that reflects that. I have often talked about the fact that in my own family, notwithstanding my personal role, my eldest brother is an official working for a European institution. I know that many families were split on this issue.

To answer the hon. Member’s question directly, one thing that we have done is establish a £9 million fund to support outreach groups and charities. We have worked with embassies in particular. Within that £9 million, £1 million is specifically for the settlement scheme, as I am sure the Minister for Security detailed in Committee on Tuesday, and there have been 2.6 million or 2.8 million or so applications, so the scheme is working very effectively free of charge. But the hon. Member is right that some people will have concerns, and one thing that the European Union (Withdrawal Agreement) Bill does is guarantee the rights of citizens and address many of the concerns that some of his constituents have shared.

[Sir John Hayes (South Holland and The Deepings) (Con)]

In celebration of this important occasion in our nation’s history, will the Secretary of State arrange for Union flags to be flown from all public buildings across our kingdom? That would be a fitting tribute to the decision the British people made to leave the European Union. We will remain unafraid of our patriotism, unabashed about our departure and unwavering in our determination to make our future even greater.

[Steve Barclay]

I know that, like me, my parliamentary neighbour always takes pride in seeing our Union Jack flown, and any opportunity to do so is one that he and I would always celebrate. Given my right hon. Friend’s penchant for poetry, I cannot be alone in thinking that such an occasion might inspire him in due course to write something fitting.

[Tim Farron (Westmorland and Lonsdale) (LD)]

Even the most ardent supporter of Brexit will, I am sure, share a concern that the UK’s departure from the European Union might be depicted as representing insularity and nationalism. It is therefore important that we dispel that sense, and one way in which we could do so is to sign up long term to the vulnerable refugees resettlement scheme and, indeed, to accept in full the Dubs amendment and do our best by the most vulnerable people on this planet, child refugees.

[Steve Barclay]

I absolutely agree with the first part of the hon. Gentleman’s question. A big part of why I and many colleagues supported Brexit is that we want to be more outward-looking, global and international; we want to go after trade deals around the world and have autonomy.

On unaccompanied children and the Dubs amendment, we should not talk down the United Kingdom, which is currently in the top three EU countries in terms of the number of unaccompanied children it takes. It takes 15% of the entire total of unaccompanied children. We have a proud record, we have made commitments, and the Home Secretary wrote to the Commission in October on this issue. It is not necessary for it to be in the withdrawal agreement Bill itself. We have a proud record, and we should not talk it down.

[Mohammad Yasin (Bedford) (Lab)]

2. What plans the Government have to negotiate for dynamic alignment with the EU on employment rights after the UK has left the EU.

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

The Government have been clear that the future relationship will protect the UK’s sovereign right to regulate, and have no plans to align dynamically with EU employment legislation.

[Mohammad Yasin]

Since October, the withdrawal agreement Bill has undergone major changes, including the stripping out of previous commitments to workers’ rights. Will the Secretary of State publish a revised impact assessment so that he can be honest with the public about what his Government have in store for them with their hard Brexit plan?

[Steve Barclay]

The reality is that we actually go beyond Europe in many areas of workers’ rights, including maternity and paternity leave, and we should be proud of that. The hon. Gentleman asks specifically about the change to the withdrawal agreement Bill, but it does not affect the rights of workers. It should be for this Parliament to set the standards. In our manifesto, we committed to having high standards. The real question that should be asked is why a number of member states do not meet the standards set here in the United Kingdom.

[Liz Twist]

So far, the Prime Minister has taken workplace rights out of the withdrawal agreement in October and the withdrawal agreement Bill in December. What confidence can we have that workplace rights will be protected under this Government?

[Steve Barclay]

The hon. Lady says that as if she supported the Bill in October, but she did not. She did not support it when those things were in the clause, and now she is lamenting that they are out of the clause that she did not support. The reality is that the purpose of the withdrawal agreement Bill is to implement the international agreement that the Prime Minister has reached with the European Commission. Of course it is for the House, in the course of its business, to determine what standards it wants on workers’ rights, the environment and other areas. The Prime Minister was clear in the manifesto that we are committed to high standards in those areas. I think that is something that the hon. Lady and I can agree on.

[Mr Richard Bacon (South Norfolk) (Con)]

Does the Secretary of State agree that, contrary to what the hon. Member for Bedford (Mohammad Yasin) said, we need dynamic alignment like a hole in the head? The purpose of Brexit is to enable us to make our own laws and rules, set our own taxes and chart our own course.

[Steve Barclay]

My hon. Friend has championed Parliament’s taking control of these issues for many years, and he is absolutely right: it is for this House to determine the standards, and we should have confidence in its ability to do so.

[Craig Williams (Montgomeryshire) (Con)]

I thank the Secretary of State for his answer on dynamic alignment. As his Department winds up, I thank him personally for leading it with such professionalism, and I thank his team at DExEU.

On dynamic alignment, I ask my right hon. Friend to reflect on the fact that the Brexit vote was about this House being sovereign. For me, as a Welsh Member, that is the Union of the United Kingdom, and this House being sovereign over our alignment.

[Steve Barclay]

I extend a particularly warm welcome to my hon. Friend on his return to the House, and I thank him for his contribution to the Department during his tenure. He is right both in having confidence in this House setting high standards on workers’ rights and the environment, and in emphasising the importance of that from a Union perspective. Of course, Wales supported leaving, just as England did.

[Nick Thomas-Symonds (Torfaen) (Lab)]

Will the Secretary of State give an absolute guarantee that post Brexit, under a Conservative Government, there will never be a point at which workers in the EU27 enjoy stronger employment rights than they do here?

[Steve Barclay]

I am absolutely clear that we will deliver on our manifesto—[Interruption.] Members seem surprised that the Government want to deliver on our manifesto. The manifesto says that we are committed to having high standards. As I said earlier, the real issue is that, in a number of areas, EU standards are lower. The UK has three times the maternity entitlement: it has 52 weeks of maternity leave, 39 of which are paid, whereas the EU requires only 14 weeks of paid leave. That is the area that I urge the hon. Gentleman to focus on.

[Nick Thomas-Symonds]

A Government genuinely committed to workers’ rights would have given a straight yes to that question, but the Secretary of State did not. If he committed to dynamic alignment on workers’ rights, there would be nothing stopping the Government going beyond it in the years ahead. Should we be surprised by their lack of commitment? The Prime Minister said that the weight of employment law was “back-breaking”. Is not the truth that the Government will not end up with stronger rights for UK workers at the end of this Parliament?

[Steve Barclay]

I really do not think Opposition Members should be talking about a lack of commitment when it comes to the withdrawal agreement, given that their party leader was neutral on the issue during the general election. The reality is that the hon. Gentleman, like so many Members on the Opposition Benches, having said that he would respect the result of the referendum, went back on the manifesto commitment and did not do it. It is now time to listen to the electorate and deliver that. We are absolutely clear that in doing so, as we set out in our manifesto, we will maintain high standards on workers’ rights.

[Robert Largan (High Peak) (Con)]

3. What recent discussions he has had with the Secretary of State for Environment, Food and Rural Affairs on maintaining environmental standards after the UK leaves the EU.

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

I continue to have regular conversations with ministerial colleagues across Government on all aspects of exiting the European Union. The Government have been clear that we will not weaken our current environmental protections as we leave the European Union, and that we will maintain, and even enhance, our already high environmental standards.

[Robert Largan]

It is vital that we not only maintain but enhance our environmental protections, and that we enhance our natural environment. Can the Secretary of State assure the House that leaving the EU will not negatively impact on the Nature4Climate fund and the essential restoration of our peat moorlands, including in my constituency of High Peak?

[Steve Barclay]

I welcome my hon. Friend to his place. He is quite right to highlight the importance of those protections from a constituency perspective. I draw his attention to the £10 million that the Government have allocated for peatland restoration until March 2021, which I hope will give him comfort, alongside the environmental commitments set out in the Queen’s Speech, such as the independent monitoring of the targets that have been set, and the allocation of funding for that specific issue, which I know he has a close constituency interest in.

[Chris Loder]

The United Kingdom has some of the highest food standards, so will my right hon. Friend confirm that Her Majesty’s Government will not allow substandard agricultural or food imports after the UK leaves the EU, which it would otherwise be illegal to produce here in the UK?

[Steve Barclay]

I welcome my hon. Friend to his place —it is nice to have so many hon. Friends to welcome today. I am sure that, like me, he listened to “Farming Today” this morning and heard, in relation to the Oxford conference, a debate on how important it is to maintain high animal welfare standards on imports in any future trade deals. One of the odd points about this debate is that the Government are constantly asked whether we will maintain high animal welfare standards, notwithstanding our manifesto commitments to do so, but there is very little scrutiny of those areas in Europe that have lower standards. I am sure that we will explore the issue during the negotiations.

[Paul Blomfield (Sheffield Central) (Lab)]

The Secretary of State will know that the EU’s groundbreaking European green deal includes many policies with which UK alignment will be straightforward. Others will be more challenging. For example, the circular economy action plan will seek to change business models and set minimum standards for producers to prevent environmentally harmful products being placed on the market. He has talked about wanting to lead on environmental issues, so will the Government commit to adopting and keeping pace with the proposed minimum standards on sustainable production?

[Steve Barclay]

We are very happy to commit to world-leading environmental standards. One of the areas where we are doing so is through our hosting of COP26 in Glasgow, which will be key, and through standards—[Interruption.] I will come on to climate change, but that is integrated in our aspiration—[Interruption.] The hon. Gentleman is chuntering away, but I will move on to that. On the specific point about the green deal, he is right that the Commission President specifically referred to the green deal in her speech at the London School of Economics yesterday, and it is something that the Prime Minister and I discussed with her in our meeting. Again, it is an area where the UK has world-leading expertise. Look at our green finance, our green investment bank and the areas where the UK is in the lead. We look forward to working with the European Union on that as we move forward.

[Lia Nici (Great Grimsby) (Con)]

4. Whether the UK will be required to comply with (a) EU law and (b) rulings of the European Court of Justice after the UK leaves the EU.

--- Later in debate ---

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

I have regular discussions with Cabinet colleagues on citizens’ rights. The withdrawal agreement will protect the rights of EU citizens who arrive in the UK by the end of the implementation period. As of the end of November, we were already moving towards receiving 3 million applications to the EU settlement scheme.

[Wera Hobhouse]

Will EU nationals who fail to get settled status by the end of this year become our next Windrush generation, losing their driving licences and jobs, and ultimately facing deportation?

[Steve Barclay]

I am glad that the hon. Lady asks that question, because it lets me say: first, we have a grace period until June 2021 to address that issue; and, secondly, the declaratory scheme that she advocates would increase the risk of exactly the issue to which she refers.

[Andrew Bridgen (North West Leicestershire) (Con)]

Does the Secretary of State agree that the fact that 3.5 million EU citizens see the best future for themselves and their families as to remain living and working in post-Brexit Britain is a huge endorsement of our post-Brexit prospects? I wish that that confidence was shared by hon. Members on both sides of the House.

[Steve Barclay]

I urge Members on both sides of the House to support Third Reading of the withdrawal agreement Bill because it safeguards the rights of the 3 million EU citizens here, as it does those of the 1 million or so UK citizens in Europe. The Bill guarantees the rights of those EU citizens because we value the contribution they make to our homes, communities and businesses.

[Thangam Debbonaire (Bristol West) (Lab)]

Refusing to provide paper proof of status, rejecting Labour’s proposal to grant automatic status, granting only uncertainty inducing pre-settled status to people who have been here legally for years and the high cost of applying for citizenship—what part of all that does the Secretary of State believe makes our EU friends and neighbours living in the UK feel truly valued and welcome?

[Steve Barclay]

The hon. Lady appears to have missed the debate about these issues in Committee.

[Thangam Debbonaire]

No, I was here.

[Steve Barclay]

In which case the hon. Lady should well know that the specific issue of documentation versus digital was raised with the Minister for Security, who was clear that although there will be a letter to provide a document, it would have reference to the digital number. That issue was explored at length. She will also know that citizens do not lose any rights when they get pre-settled status, and that they then move on to settled status. Those issues were debated—that is what a Committee stage is for—and addressed by a Home Office Minister at that time.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

12. What discussions he has had with Cabinet colleagues on potential opportunities for (a) farmers and (b) the agricultural sector after the UK leaves the EU.

[Mel Stride (Central Devon) (Con)]

23. What discussions he has had with Cabinet colleagues on potential opportunities for (a) farmers and (b) the agricultural sector after the UK leaves the EU.

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

I continue to have regular conversations with ministerial colleagues on all aspects of exiting the European Union, including agricultural policy.

[Kevin Hollinrake]

Our farmers and food producers are required by domestic legislation to observe high standards for the environment, the workplace and animal welfare. Will the Secretary of State confirm that under future free trade agreements, tariff-free imports will be allowed only from producers that also observe those standards?

[Steve Barclay]

My hon. Friend is right to raise the issue, about which there has been a live discussion at the Oxford farming conference, as he will know. The UK has always been a leading advocate of open and fair competition. I assure him that we are absolutely committed to maintaining high standards through a robust domestic enforcement regime.

[Mel Stride]

As this is my right hon. Friend’s last question session as Secretary of State for Exiting the European Union, may I congratulate him on having served with such distinction?

I very much welcome the Government’s commitment to maintaining common agricultural policy levels of funding for our farmers, but during his remaining days in office, may I urge my right hon. Friend to liaise closely with the Secretary of State for Environment, Food and Rural Affairs to make sure that we come up with an excellent deal for our hill farmers, many of whom operate at a level of subsistence yet look after some of the most beautiful uplands in our land?

[Steve Barclay]

I am grateful for my right hon. Friend’s kind remarks. He is absolutely right to focus on hill farmers. As he will know, one of the aspects of the Agriculture Bill is the ability to target measures—for example, on the environment—at specific areas of agriculture. Key among those are hill farmers, whom I know he has always championed.

[Kerry McCarthy (Bristol East) (Lab)]

Farmers made it clear in Oxford this week that they simply do not trust the Government’s assurances. Will the right hon. Gentleman and the Secretary of State for Environment, Food and Rural Affairs give assurances that they will accept the equivalent of my former new clause 1 to the Agriculture Bill, when it comes back? That would ensure no lowering of standards. Will they also agree to the National Farmers Union’s request for a trading standards commission to scrutinise any future trade deals and make sure that farmers are protected?

[Steve Barclay]

If farmers did not trust the assurances, I am not sure whether another assurance would suddenly become trustworthy.

On the substance of the hon. Lady’s question, I refer her, for example, to the commitment to set up the office for environmental protection, which will be the single enforcement body. Above all, however, I refer her to this House: part of taking back control will be the House’s ability to scrutinise issues, such as the legitimate one that she raises, and to ensure that the Government meet the assurances that they have given.

[Mr Gregory Campbell (East Londonderry) (DUP)]

The Secretary of State will be aware of the importance of the agrifood sector in Northern Ireland. Will he assure the House, and the agrifood sector and associated businesses in Northern Ireland, that his departmental and Cabinet colleagues are very well aware of that importance and can minimise any threats and maximise opportunities as we leave the EU?

[Steve Barclay]

The hon. Gentleman is absolutely right about the importance of that issue. The former Chair of the Exiting the European Union Committee referred to the Department’s disbanding, but what is not disbanding is the expertise within it, which will be shared across Whitehall, including with the Northern Ireland Office. As the hon. Gentleman will know, when it comes to the implementation of the Northern Ireland protocol, that sector and how it plays into discussions within the Joint Committee will be extremely important. I am sure that he will contribute fully to that debate.

[Andrew Bowie (West Aberdeenshire and Kincardine) (Con)]

As in Northern Ireland, the agricultural sector is vital to the economy of Scotland, where food and drink account for 18% of international exports. What work is my right hon. Friend’s Department and the Department for International Trade doing to ensure that, in our future relationship with the European Union, the trade in agri-goods is as free and frictionless as possible?

[Steve Barclay]

My hon. Friend is right to highlight the importance of the food and drink sector—not least, for example, when we consider the Scottish whisky industry, which is key. From memory, the UK has 88 geographical indications, whereas Europe has over 3,000: from a negotiating point of view, the European Union obviously has more interest in that issue. From a Scottish point of view, however, the importance of the intellectual protection of Scottish whisky and salmon is huge. We are very alive to those issues.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

22. Scottish farmers and Scotland’s food and drink industry are completely reliant on existing EU arrangements. A no-deal crash-out would be disastrous for both sectors, so our relationship with the EU is critical. Also, trade deals with the US could undermine environmental standards: if there is a no-deal crash-out under World Trade Organisation rules, we will not be able to avoid cheap food involving poorer environmental standards coming from the States. That future relationship is important, as are the trade deals that the UK negotiates. Surely the Scottish Government need a statutory role in both those areas.

[Steve Barclay]

One of the most welcome things about the debate since the general election has been its more positive tone, and one aspect of that has been moving on from the language of no-deal crash-outs. The withdrawal agreement safeguards things such as citizens’ rights. It includes the Northern Ireland protocol and settles settlement. We therefore move into a different phase, in which the risks of no deal that the hon. Gentleman and many others spoke about no longer apply. That is the benefit of the Prime Minister’s deal and it is why the hon. Gentleman should support the withdrawal agreement Bill on Third Reading.

[Theo Clarke (Stafford) (Con)]

Can my right hon. Friend confirm whether the Government will introduce any changes to the seasonal agricultural workers scheme after the UK leaves the EU? Farmers in my constituency need certainty that they can hire the workers they require.

[Steve Barclay]

I know from representing a farming area myself the importance of seasonal workers. Obviously, that debate interplays with the expansion of investment in agritech, which brings benefits not only for productivity but in reducing demand. My hon. Friend will be aware that the Home Office has increased the numbers under the seasonal agricultural workers scheme to 10,000, but as part of designing our own approach to immigration and having control of our borders, we will be able both to address the concerns of the public at large and to mitigate any specific sectoral issues that apply, for example, to agriculture.

[Chris Bryant (Rhondda) (Lab)]

Fifty per cent of Welsh lamb is consumed elsewhere in the UK and 45% of it goes to the European Union, so Welsh hill farmers will probably be the most exposed of all if there is a no-deal Brexit at the end of this year. Will the Secretary of State do everything in his power to ensure that the Government do not sign off on a deal unless it ensures tariff-free access for lamb into the European Union?

[Steve Barclay]

The whole point of the deal—I hope the hon. Gentleman supports it on Third Reading—is that it ensures that we will leave in a smooth and orderly way. The specific issues of hill farmers are matters for both the negotiation and the Agriculture Bill. I am sure he, among others, will contribute to that debate.

[Mr Speaker]

Question 14. Karl MᶜCartney.

[Karl MᶜCartney (Lincoln) (Con)]

14. What recent discussions he has had with the Secretary of State for Environment, Food and Rural Affairs on (a) fishing and (b) marine policy after the UK leaves the EU.

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

I welcome my hon. Friend back to his place as a great champion of the constituency of Lincoln. We continue to have regular conversations with ministerial colleagues on all aspects of exiting the European Union, including fisheries and marine policy.

[Mr Speaker]

Topical questions. Nigel Mills. [Interruption.] Sorry—supplementary question, Karl MᶜCartney.

[Karl MᶜCartney]

And there was me saying I liked your socks.

The good city of Lincoln is not that close to the sea, but further to the Minister’s answer to Question 4, in percentage terms and considering everything we now know, how confident is my right hon. Friend not only that will we leave the common fisheries policy completely, but that we will then be in full control of our fishing areas and quotas, and therefore able to influence international total allowable catches?

[Steve Barclay]

I am 100% confident on those issues, because page 46 of the Conservative manifesto, which I know my hon. Friend knows in detail, makes it clear that we will leave the common fisheries policy and become an independent coastal state. For the first time in more than 40 years, we will have access to UK waters on our own terms, under our own control, and we will be responsible for setting fishing opportunities in our own waters.

[Nigel Mills (Amber Valley) (Con)]

T2. If he will make a statement on his departmental responsibilities.

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

Since our last departmental questions, we have contested the general election, where Brexit was the defining issue, and been given a renewed mandate by the British people to leave the European Union. As a result, we have been able to bring the withdrawal agreement back before the House. As was shown during its Committee stage this week, it is the will of this House that we now implement that decision.

That has been reflected, as referred to by the Chair of the Brexit Select Committee, the right hon. Member for Leeds Central (Hilary Benn), in the decision to disband the Department for Exiting the European Union, as its purpose will have been achieved. I would like to take this opportunity to place on the record my thanks to all the officials in the Department and across Whitehall who have worked so tirelessly over the last three years to achieve this result, and to thank all my colleagues who have served in ministerial roles in the Department.

Yesterday, the Prime Minister and I met the new European Commission President and the European Union chief negotiator to discuss our shared desire for what the President described as a unique partnership reflecting our shared values as friends and neighbours.

During the three years that the Department has been in place, it has had three Secretaries of State and three permanent secretaries but, since the first departmental questions, just one shadow Brexit Secretary. Throughout my interactions with the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), he has always been both professional and courteous while probing and challenging. Without wishing in any way to jinx his next steps, may I place on the record his contribution to the scrutiny of the Government, which I am sure will continue in whatever role he plays in the House moving forward?

[Nigel Mills]

Does the Secretary of State agree that close working between UK authorities and their equivalents on the continent is key to making our future relationship work? Now that we have nearly agreed an orderly exit, will he confirm that discussions between tax authorities in the UK and France on ensuring that customs processes are streamlined can start, and will not continue to be blocked by the European Commission?

[Steve Barclay]

It is not so much a question of whether those discussions need to start; they have started. In our contingency planning for an exit without a withdrawal agreement, there was a lot of discussion on how we would manage frictions at our borders, and much of that can be taken forward, such as the Treasury’s commitment to driving productivity and improving connectivity and flow through our ports. There is work on this already; my hon. Friend is quite right to draw attention to it, and we intend to build on it.

[Keir Starmer (Holborn and St Pancras) (Lab)]

I thank the Secretary of State for his kind words. I appreciate the relationship that we have had, and, in particular, his kindness when my father died at the tail end of 2018, which touched me personally. I welcome the hon. Member for Beaconsfield (Joy Morrissey) and all Members, but I strongly dissociate myself from the words of the Parliamentary Under-Secretary of State about the former right hon. and learned Member for Beaconsfield, who gave distinguished service in this House, including as Attorney General for the Government. I hope that there might be an opportunity to correct the record on that.

Yesterday, the Government voted down the Opposition’s amendment on unaccompanied child refugees. Our amendment would have preserved the victory that Lord Alf Dubs had campaigned for. I have always had a good personal relationship with the Secretary of State, but whatever he says about the wider issues, he must know that the Government have got this wrong. This could be his last Brexit oral questions; is he prepared to reconsider? I urge him to do so.

[Steve Barclay]

To understand the context, it is important to look at the commitment the Government gave to commencing negotiations on this issue, as reflected in the letter of 22 October from the Home Secretary to the European Commission. As was touched on in earlier questions, the Government have a strong record on this. They take 15% of unaccompanied child refugees; we are one of the top three EU countries in that regard. That commitment on granting asylum and supporting refugees remains; it is actually embedded in our manifesto, on page 23. In the European Union (Withdrawal Agreement) Bill, we return to the traditional approach, in which the Government undertake the negotiation and Parliament scrutinises that, rather than Parliament setting the terms, as happened in the last Parliament.

[Keir Starmer]

I am disappointed by the Secretary of State’s reply. Labour will continue to fight to protect the most vulnerable. We may not win many votes in Parliament just now, but we can win the moral argument. I urge everyone who cares about the issue to put pressure on the Government, and urge Ministers to rethink this disgraceful decision. A legal obligation on the Government has been converted into reliance on the Prime Minister’s word. Surely the Secretary of State can see why that gives rise to anxiety among Labour Members.

[Steve Barclay]

The shadow Brexit Secretary is right: there clearly has been anxiety among Labour Members, but I hope that he takes assurance from the explanation I gave that the commitment is unchanged. That is reflected in the letter of 22 October to the Commission from the Home Secretary, and in the manifesto. The policy is unchanged. It is right that the Bill should, as is traditional, implement the international agreement; that is what it will do.

[Sally-Ann Hart (Hastings and Rye) (Con)]

T3. In beautiful Hastings and Rye, we have two ancient fishing communities, one of which is the under-10 metre beach-launch fleet, which is, by its very nature, environmentally and ecologically responsive and sustainable. It is vital that this ancient fishing tradition be given room and opportunity to flourish. Can the Secretary of State confirm that specific attention will be given to our under-10 metre boats, so that they are given more autonomy and flexibility in a post-Brexit Britain?

[Matt Western (Warwick and Leamington) (Lab)]

T7. For many decades, our creative industries and particularly our performing arts have been a major export of the UK. Will the Minister explain what discussions he has had with the Secretary of State for Digital, Culture, Media and Sport about the impacts of Brexit—a hard no-deal Brexit, in particular—on the movement of our performing arts between here and Europe?

[Steve Barclay]

I welcome the fact that the hon. Gentleman has drawn the House’s attention to a sector that is extremely important to the potential of the UK. I have discussed the issue with my ministerial colleagues. As for his characterisation, part of the reason for the withdrawal agreement Bill, which I hope he will support on Third Reading, is to secure the rights of the 3 million EU citizens, many of whom contribute to the creative arts. Future policy, however, is for the immigration Bill, where we will design something that is targeted at talents, including the talents of those in the creative industries.

[Christian Wakeford (Bury South) (Con)]

T4. May I say how warming it is to be greeted by a fellow Lancastrian? Does my right hon. Friend agree that his Department should be commended for ensuring that this Government will deliver on the verdict and the will of the British people, in that we will leave the European Union on 31 January? With the closure of DExEU at the end of this month, perhaps he is a victim of his own success.

[Steve Barclay]

It must be a happy day, and one to celebrate, when there are so many Lancastrians in the House. My hon. Friend is right to draw attention to the achievements of officials within the Department who have worked so hard to support the Government in getting this deal. It is an important moment, and in part, the closure of the Department will enable us to take the expertise built up by officials over the past three years into those Departments that will be front and centre in the trade negotiations.

[Bambos Charalambous (Enfield, Southgate) (Lab)]

T8. Will the Minister confirm whether EU citizens who work and pay taxes in the UK post Brexit will be liable for the immigration health surcharge? Does he envisage similar charges being introduced for UK citizens living and working in the EU?

[Steve Barclay]

I am happy to guarantee to all those EU citizens living in the UK ahead of our exit that the withdrawal agreement Bill guarantees their rights, among which are their rights to healthcare. That is why I urge the hon. Gentleman to support the Bill on Third Reading.

[Damien Moore (Southport) (Con)]

T5. Will my right hon. Friend confirm that the UK will remain an open, dynamic and welcoming place for EU citizens to study in our world-class universities, and that Britain continues to lead the way with the internationally recognised quality of our higher education?

[Geraint Davies (Swansea West) (Lab/Co-op)]

The Secretary of State knows that Airbus contributes billions of pounds in taxation, employs tens of thousands of people and wants business continuity after a short transition period. Will he give an undertaking today that the European Union Aviation Safety Agency will continue as is—rather than us inventing new, bespoke regulatory systems for the sake of divergence—so that Airbus can plan ahead, invest and continue to make its contribution to our economy?

[Steve Barclay]

The hon. Gentleman correctly draws the House’s attention to an important issue, and one for the future negotiations. As he knows, however, in the political declaration there is scope for such participation. What was constructive and positive about the remarks of the President of the European Commission yesterday, which were reflected in the meeting with the Prime Minister, was the desire to build on that close partnership. The sort of areas where there will be detailed discussion will be on aircraft and other such sectors.

[Chris Loder (West Dorset) (Con)]

T9. Through the EU single market, our supermarkets lever enormous power on food supply chain prices. Leaving the single market is a huge opportunity for small farmers in this country. What steps will Her Majesty’s Government be taking to redress that imbalance and to ensure a fair price for our farmers, not only in West Dorset but across the United Kingdom? [R]

[Steve Barclay]

My hon. Friend is right to seize the opportunities that Brexit offers, and that is particularly the case in agriculture. He well knows that the bureaucracy of the common agricultural policy was an area of deep frustration, with things such as the three-crop rule dictating to farmers who farm more than 30 hectares what they can and cannot grow. We should be setting farmers free and giving them those opportunities. Through the Agriculture Bill, we will have the chance to seize those opportunities, and I know that my hon. Friend will be at the forefront of that for his constituents in West Dorset.

European Union (Withdrawal Agreement) Bill

Steve Barclay Excerpts

Committee stage & Committee: 1st sitting: House of Commons & Committee: 1st sitting
Tuesday 7th January 2020 Commons Chamber

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

I begin by wishing you, Sir Roger, and all Members of the House a happy new year.

The Bill implements the withdrawal agreement negotiated by the Prime Minister. It fulfils the will of the British people and will set the stage for our bright future outside the European Union. It lets us take back control of our laws, our money, our borders and our trade policy, and it delivers on the overwhelming mandate given to us by the British people to get Brexit done by the end of January.

Sir Roger, as you have just informed the Committee, I am, under your guidance, speaking to this group. I will speak to clauses 1 to 6, clause 33 and new clauses 4 and 36, noting that new clause 19 and amendment 25 have not been selected.

Clause 1 gives legal effect to the implementation period in domestic law. The implementation period ensures that common rules will remain in place until the end of this year, meaning that businesses will be able to trade on the same terms as now until a future relationship has been agreed. This provides certainty and stability for the duration of this time. During the implementation period, the effect of the European Communities Act 1972 will be saved and modified on a temporary basis to provide the necessary continuity. It will have a new purpose: to give effect to EU law as set out in the withdrawal agreement, to provide for the implementation period. As a result, businesses and citizens need prepare for only one set of changes as we move into our future relationship with the EU.

[John Redwood (Wokingham) (Con)]

Can my right hon. Friend give us an estimate of how much the implementation period will cost us, and will he reassure us that once we are out properly at the end of this year, there will be no future payments thereafter?

[Steve Barclay]

This will secure our membership for the period. One of the costs for businesses—one of the greater costs—would result from two sets of changes, without the comfort of an implementation period. The business community itself—of which I know my right hon. Friend is a great champion—said that it wanted an implementation period while the negotiation on the trade deal was being conducted to avoid the higher cost of two sets of changes.

The saving of the ECA will be repealed at the end of the implementation period, at which point the repurposed ECA will cease to have effect. Clause 1 is essential to achieving the terms agreed in the withdrawal agreement and ensuring the proper functioning of European Union law during the implementation period, and for that reason it must stand part of the Bill.

[Caroline Lucas (Brighton, Pavilion) (Green)]

I still do not think that the Secretary of State has made a clear enough case for why he would wish to tie the Government’s hands in such an unnecessary way and risk the disaster of no deal. Also, there could be perfectly constructive negotiations going ahead, which he would be prepared to throw away if they could not fit into the arbitrarily short time of 11 months. Will he tell us why he thinks it is worth running that risk, which is such a big risk for our businesses and for our economy?

[Steve Barclay]

I know that we have two days for the Committee stage, but it is very odd for someone who wants us to remain a member of the European Union to complain about the fact that we have an implementation period so that the business community does not face two sets of changes and so that we give businesses confidence for the rest of the year.

Clause 2 saves EU-derived domestic legislation for the implementation period. The last one and a half decades have seen a substantial amount of EU legislation that has required domestic legislation, both primary and secondary. That domestic legislation constitutes a large body of law, and to ensure that the law continues to work properly during the implementation period, we need to take several important steps. First, we must preserve the legislation to avoid its being impliedly repealed following the repeal of the ECA. If we do not save it, there will be a risk that it will either fall away or be emptied of meaning, which could mean that citizens and businesses were no longer protected by, or indeed able to rely on, existing rules.

The second essential purpose of the clause is to maintain the proper functions of the statute book for the duration of the implementation period. During that period, we will continue to apply this law, but we will not be part of the European Union. To ensure that that is reflected in the statute book, the Bill provides for time-limited glosses, or modifications, to new and existing EU-derived legislation. Those glosses make clear the way in which EU law terms and UK legislation should be read so that our laws continue to work during the implementation period. Let me give one example. All references to European Union citizens in the UK statute book will, as a general rule, be read as including UK nationals during the implementation period. These provisions will automatically be repealed at the end of the year when they are no longer needed.

[Chris Bryant (Rhondda) (Lab)]

I hope that the Secretary of State will be able to clarify whether that also applies to the European arrest warrant. Obviously, we will remain subject to it and able to take advantage of it during the implementation period, but at the end of that period, as a third party, we will simply not be able to enter into it. During the implementation period, will British subjects still be subject to the arrest warrant overseas?

[Steve Barclay]

Under clause 1, the implementation period ensures the continuity of the law. That is why it is saved, but modified. Clause 2, and the others in the group, deal with the technical terminology. Where there is a change in meaning, it means continuity. I see that the hon. Gentleman is frowning. The substance of my reply is yes, in that the Bill ensures continuity. The purpose of terms such as “European Union citizen” will have ceased because we will have left, but, on the other hand, the implementation in EU law will continue, allowing those terms to continue to be applied and any tidying up—any technical changes—to be applied. So this is a technical glossing and that is its purpose.

[Catherine West (Hornsey and Wood Green) (Lab)]

While the Secretary of State is on his feet discussing this, could he set out the exact position for EU nationals, because those of us who have up to 42,000 living locally are extremely concerned? There have been lots of discussions and tweets about this, so could he please just lay out exactly what the position will be not only during the next 12 months of the implementation plan but going forward?

[Steve Barclay]

The hon. Lady raises an important point. I do not want to stray too far into the second grouping in Committee, which is indeed on citizens’ rights and which the Security Minister will address, but what this Bill is doing is securing the rights of EU citizens within the UK and indeed the rights of UK citizens in the European Union, because we value the contribution that those EU citizens make to the UK. They have chosen to make their homes here and to bring up their families here, and their rights are protected. That is one of the reasons that I urge Members on both sides of the House to support this Bill.

[Sir William Cash (Stone) (Con)]

During the transitional period, laws will be made in the European Union that we will be expected to obey. Does my right hon. Friend agree, however, that clauses 29 and 38—one of which deals with the review of legislation through the auspices of the European Scrutiny Committee, where we will be affected by our vital national interests being undermined—provide good protection for the United Kingdom’s national interests? Secondly, does he agree that the question of parliamentary sovereignty in clause 38 will complement that by ensuring that the whole process of legislation under the withdrawal agreement will not affect the continuing sovereignty of the United Kingdom Parliament, and that this therefore effectively provides a double lock on the rights of this House as we leave the European Union?

[Steve Barclay]

My hon. Friend is absolutely right to signpost those two safeguards being put in place, in which he played a significant part, but I would say that there are three. I will come on to the third, if I may slightly push him by making that correction. He is right to say that the European Scrutiny Committee, under his chairmanship, will have the right to trigger debates and scrutiny. Secondly, he has championed the clause dealing with the sovereignty of Parliament, which is set out clearly in the Bill. The third element that I would draw to his attention, which is within this grouping, is our legislating for the Government’s manifesto commitment not to extend the implementation period. That will ensure that there is no extension of the implementation period and will therefore ensure that there is no risk of a further one-year or two-year period during which the issue about which he was concerned in relation to those two other clauses could arise. So there are three protections, and not just the two that he mentioned.

[Sir William Cash]

Very, very good!

[Steve Barclay]

I am pleased that my hon. Friend signals from a sedentary position that he is content with that.

Ultimately, clause 1 will ensure that there is continuity in our laws during the implementation period and that our law continues to operate properly. It is therefore essential and must stand part of the Bill.

[Karin Smyth (Bristol South) (Lab)]

The Secretary of State has commented about the sovereignty of this United Kingdom Parliament across the whole United Kingdom. At all stages in the future, as marked out by the Northern Ireland protocol and the exceptions to this Bill, the people of Northern Ireland will be subject to European Union law for a long time into the future, as far as we can see, so it is not correct, is it, to say that the sovereignty of the entire United Kingdom will be placed in this place?

--- Later in debate ---

[Steve Barclay]

We will debate at length tomorrow the provisions relating specifically to Northern Ireland, but there is a further sovereignty within the Bill in respect of Northern Ireland. I do not want to stray too far into that debate now, but there is a consent mechanism that pertains specifically to the Northern Ireland protocol, so there is a further sovereignty lock in that regard. However, that is a matter for the groupings that we will address tomorrow.

Turning to clause 3, we are confident that the list of so-called glosses set out in clause 2 works in all the cases that we have examined, and I pay tribute to the officials who have trawled the statute book in that regard. However, it is right that we, as a responsible Government, reserve the ability to nuance the impact of those technical changes should unforeseen issues arise during the implementation period. The power set out in clause 3 provides for that. The Bill gives five different applications for that power. Three relate to the glosses. The power can add to the glosses; it can make exceptions; and it can be used to make different provisions from the list, if for any reason we need to change a gloss in a specific case or set of cases. The power has two further applications: it can be used to tidy up the European Union (Withdrawal) Act 2018 and to cover any specific technical inoperabilities that may occur that have not been foreseen. It is appropriate, prudent and sensible that the Government are prepared in this regard, which is why those five elements are in the Bill.

[Joanna Cherry (Edinburgh South West) (SNP)]

Analysis by the Scottish Parliament Information Centre, which is the equivalent of the House of Commons Library and is therefore independent, notes that clause 3 empowers UK Ministers acting alone to make provision in devolved policy areas. The Government’s delegated powers memorandum states that they will not normally do so without the agreement of the relevant devolved Administration, but as the Secretary of State will be aware, the Sewel convention does not apply to delegated legislation. Does he therefore agree that this power shows that the Bill is indeed the power grab that the Scottish National party has always said it is? If it is not, why is it there at all?

[Steve Barclay]

The hon. and learned Lady is incorrect in saying that. First, this is an international agreement, which is a reserved matter—a matter for the United Kingdom. Secondly, these are glosses—technical issues—in terms of the tidying up that I set out, and they are tightly defined. Thirdly, the devolved elements are addressed by giving the devolved Assemblies the power, through clause 4, to do further glosses themselves.

[Joanna Cherry]

I am sorry, but the Secretary of State is simply wrong about that. On any legal analysis, it is quite clear that clause 3 gives UK Ministers acting alone the power to make regulations in relation to areas of devolved competence. I reiterate my question: why is that power there at all if the Government are not intending to use it to take powers away from the Scottish Parliament and other devolved Administrations?

[Steve Barclay]

Again, with great respect to the hon. and learned Lady, she is over-reaching in the interpretation that she is applying to clause 3. It is a technical provision that allows for technical changes—glosses to terminology —such as the example that I gave the Committee a moment ago of how EU citizens may be defined. The clause is for technical changes in unforeseen areas, rather than fundamental changes of powers. Indeed, we have given an equivalent power through clause 4, in respect of the ability of the devolved authorities to do exactly the same thing or very similar.

Clause 3 must stand part of the Bill to ensure that the statute book is maintained and that any unforeseen technical issues that arise in future are addressed. That is why clause 3 is required. It is not as the hon. and learned Lady characterises it; it is a technical provision for glosses for any issues that were unforeseen at the time of the Bill’s passage.

[Joanna Cherry]

Could I probe that a bit further? In clause 4, proposed new paragraph 11B specifically provides that Scottish Government—and indeed Welsh Government —Ministers cannot make any provision outwith devolved competence. However, there is no equivalent provision in clause 3 saying that the British Government cannot not use the powers to make regulations about devolved matters. If this is just technical, as the Secretary of State says, why will he not agree to include a similar qualification in relation to the British Government’s powers? If he will do so, could that perhaps be addressed in the House of Lords?

[Steve Barclay]

That is not something that I would urge the other place to address, because this is a provision to address unforeseen areas in which technical changes may be required in the tightly constrained areas set out in clause 3. The hon. and learned Lady turns to clause 4, which confers on the devolved authorities a broadly equivalent power to that set out in clause 3. Where legislating for the implementation period falls within devolved competences, it is right that legislative changes can be made by the devolved authorities, with which I am sure she would agree. Therefore, the change in clause 4 provides the devolved authorities with corresponding powers to those set out under proposed new section 8A(1) of the European Union (Withdrawal) Act 2018, as outlined in clause 3, so far as they are exercised within the devolved authorities’ competences.

--- Later in debate ---

[Catherine West]

Will the Secretary of State explain in clear language how he believes that will be played out at airports? Will there be several queues? Will there be one queue for everybody from European countries? I ask because many people ask me these questions in my surgery.

[Steve Barclay]

We will go into more detail on citizens’ rights when we discuss the second group of amendments, but clause 5 secures the legal effect to the protections that apply to citizens within the EEA EFTA states. One of the big questions on the Brexit discussions that we have heard repeatedly in this place has been, “To what extent will people’s rights be protected?” This Bill is doing that for EU nationals through clause 5, and clause 6 mirrors those protections in law for citizens of the EEA EFTA states. The hon. Lady touches on the arrangements for citizens’ rights, which are a separate issue, but this is about how legal protection will apply to those nationals.

Clause 6 gives effect in domestic law to the EEA EFTA and Swiss separation agreements in a similar way to the withdrawal agreement. This ensures that a Norwegian citizen living in the UK can rely on their rights in a UK court in broadly the same way as a Swedish citizen. It does so in the same way as clause 5.

We do not want a Norwegian, Liechtenstein, Icelandic or Swiss national to have any less certainty on their rights than an EU national here or, indeed, a UK citizen in Europe. Clause 6 also enshrines the legal certainty for businesses and individuals covered by the EEA EFTA agreement that article 4 of the withdrawal agreement provides. This clause, as presented, is vital to the UK’s implementation of the EEA EFTA and Swiss agreements, and it must stand part of the Bill.

Clause 33 prohibits the UK from agreeing to an extension of the implementation period. Page 5 of the Conservative manifesto says:

“we will not extend the implementation period beyond December 2020”,

and clause 33 says:

“A Minister of the Crown may not agree in the Joint Committee to an extension of the implementation period.”

It could not be clearer. This Government are determined to honour our promise to the British people and to get Brexit done.

Both the EU and the UK committed to a deal by the end of 2020 in the political declaration. Now, with absolute clarity on the timetable to which we are working, the UK and the EU will be able to get on with it. In sum, clause 33 will ensure that we meet the timetable set out in the political declaration and deliver on our manifesto promise. For that reason, the clause must stand part of the Bill.

[Chris Bryant]

I understand why clause 33 is in the Bill. As much as I am a remainer—I remain a remainer, and I will remain a remainer until my dying day—I none the less accept that the second referendum has now happened. That is the end of it.

My anxiety, however, was first expressed, in a sense, by the previous Prime Minister when she wrote the first letter of intent with regard to article 50, which stated that we would have trouble on security issues if we did not have a full deal by the end of the implementation period. I ask the Government to think very carefully about how we ensure that, by the end of this year, we have a security deal covering the whole range of security issues that face this country. I would argue that that is as important as the trade-related issues.

[Steve Barclay]

I welcome the constructive way in which the hon. Gentleman raises his concerns about security while recognising the general election mandate and how it plays into this clause and its reflection of the manifesto.

I draw the hon. Gentleman’s attention to two things. First, the withdrawal agreement commits both sides, including the European Union, to using their best endeavours to reach agreement. Secondly, the political declaration commits to a timescale of the end of 2020. That is why we are confident that this can be done to the timescale, and it is a reflection of the commitments given by both the UK and the EU in the withdrawal agreement and the political declaration.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

Does the Secretary of State agree that all things are possible when both parties to a negotiation are willing to proceed in good spirit? Indeed, in a briefing to EU politicians in November 2019, Michel Barnier said the timescale would normally be far too short but that Brussels would strive to have a deal in place by the end of 2020. It is clearly possible to do this deal for the end of 2020. Does my right hon. Friend agree that is the right approach to take?

[Steve Barclay]

I very much agree with my hon. Friend. Indeed, the Commission President will be meeting the Prime Minister tomorrow, and I will be meeting Michel Barnier, to act on that constructive spirit. Both sides have committed to the timescale.

I am conscious that the House is now in a different place, but many Members will recall that it was often said it was impossible to reach an agreement before, indeed, the agreement was reached.

[Sammy Wilson (East Antrim) (DUP)]

I welcome the fact that the Government are determined to bring this process to an end by December 2020, and I hope that that does concentrate minds in the EU. If the EU and the Government cannot come to an agreement by then, what are the implications for, first, the future arrangements and, secondly, the current withdrawal agreement, especially the provisions in Northern Ireland?

[Steve Barclay]

First, I believe we can and will do this, and, as I have indicated to the House, so does the EU, because it has committed, in the political declaration, to doing it. Secondly, a number of issues are addressed through this Bill: citizens’ rights, which the hon. Member for Brighton, Pavilion (Caroline Lucas) asked about in relation to her constituents, are protected through this Bill. People used to talk about a no-deal outcome, and one thing this Bill does is secure the protection of the 3 million EU citizens within our country, who are valued, and of the more than 1 million UK citizens there. The right hon. Gentleman has concerns about the Northern Ireland protocol, and I stand ready, as do my ministerial colleagues, to continue to discuss issues with him. We will debate that in more detail in Committee tomorrow, but, again, the Northern Ireland protocol is secured through the passage of this Bill. That puts us in a very different place from where many of the debates were in the previous Parliament in respect of concerns about no deal.

[Caroline Lucas]

I remind the Secretary of State that just last month the Commission President said that she has serious concerns about this timetable. All experts in trade are concerned that an 11-month period simply does not necessarily give the time to get a good deal done, so why is he signing up now to something he could postpone until at least June, when he will have a better sense of how negotiations are going? Why is he cutting off his nose to spite his face by saying now that he will not extend the implementation period?

[Steve Barclay]

I will move on, because new clauses 4 and 36 speak to the same point, but, in short, this is being done partly for the reasons I have already given the House in respect of what is set out in the political declaration, where there is a shared commitment, and partly because Members on my side of the House gave a manifesto commitment to stick to this timetable. I am sure the hon. Lady would be the first to criticise the Government if they made a manifesto commitment and then decided not to stand by it. So we are committed to the commitment we gave on the timescale, which is why we want to move forward with clause 33.

[Jonathan Edwards (Carmarthen East and Dinefwr) (PC)]

rose—

[Steve Barclay]

I will make a little progress and then, of course, I will come back to the hon. Gentleman.

New clauses 4 and 36 stand in the names of the Leader of the Opposition and the acting leader of the Liberal Democrats respectively. New clause 4 has been tabled by the Leader of the Opposition in an attempt to force the Government to extend the implementation period if a deal has not been agreed with the EU by 15 June. The new clause would also give Parliament a vote on any such extension. New clause 36 is similar in effect to new clause 4, but it would do this without having any parliamentary vote. It states that a deal is required on both economic and security matters by 1 June or an extension is mandated as a consequence of this legislation. The Opposition parties therefore want to amend the Bill to force further delay.

[Gary Sambrook (Birmingham, Northfield) (Con)]

Does my right hon. Friend agree that it is astounding that so many Opposition Members did not listen to the call in the recent general election from the people, who are fed up with continuous delays and extensions? The message they gave us on the doorstep was to get Brexit done so that we can all move on and start talking about other things, such as our NHS, schools and policing.

[Steve Barclay]

My hon. Friend is right to say that a very clear message was reflected in our mandate. To be fair to Opposition Members, I should say that I watched the shadow Brexit Secretary on “The Andrew Marr Show” and he did accept the need to move on. [Interruption.] I am giving credit to him, although I appreciate that he is engaged on other matters in his own party at the moment. My hon. Friend is absolutely right that there was a clear desire from the British public to get on to the other priorities to which he refers.

[Jonathan Edwards]

Is not the danger in setting this fixed date that the British Government will quickly have to make a decision about what they want to achieve in the second phase of Brexit? Are they going to go for close alignment? If so, they could possibly get the deal done in the year. But if they decide they are going to disalign, that will create difficulties, and the best we can hope for will be, if not a no-deal cliff edge, a bare-bones free trade agreement. That could be very bad news for the economy.

[Steve Barclay]

With respect to the hon. Gentleman, we see it as a win-win. The EU wishes to trade with the UK; we wish to trade with the EU. They are our neighbours and we want to have a constructive relationship, but at the same time people voted for change and they want to see change. The Government are committed to delivering, through the Bill, the change that the British public voted for.

[Vicky Ford (Chelmsford) (Con)]

Does my right hon. Friend agree that it is not only the British people who are fed up with seeing Parliament going round and round in circles on Brexit, which is why they voted for the Conservative party in the general election? People in many European countries just want to get on and get past Brexit. They want a trade deal with us; we should agree one quickly and move on.

[Steve Barclay]

My hon. Friend, who always speaks with authority as a former Member of the European Parliament, is absolutely right to understand that this is a desire not just of the British public but of many of our friends and neighbours in Europe, who want to see the debate move forward and therefore want to see this legislation delivered. That is why it is right that we have clause 1 and why the new clauses are inappropriate.

[Bob Blackman (Harrow East) (Con)]

Does my right hon. Friend agree that the negotiations with the European Union on the free trade agreement will be relatively easy on goods, but the negotiations on services will be much more complicated? That is mainly because on goods we have a balance of trade deficit with the European Union, but on services we have a balance of trade improvement.

[Steve Barclay]

I refer back to the remarks I made a moment ago about this being a win-win for both sides. Let me take a portfolio that I used to deal with as a Minister: financial services. It is in the interests of EU businesses to be able to access capital at the cheapest possible price. I see in his place my hon. Friend the Member for Wimbledon (Stephen Hammond), who has expertise in this regard; he knows that the expertise in respect of the global markets and the liquidity that London offers is of benefit not just to the rest of the world but to colleagues in European businesses. They want access to the talent of the constituents of my hon. Friend the Member for Harrow East (Bob Blackman) and many others, which is why it is in both sides’ interests to reach agreement. That is the discussion that the Prime Minister will have with the President of the Commission tomorrow.

[Stephen Hammond (Wimbledon) (Con)]

For those of us who have been clear about our opposition to no deal, the problem with new clause 4 is that in effect it takes away some of the certainty and benefits to business, because it opens up the possibility of an unended extension, and the problem with new clause 36 is that it is anti-democratic. Any colleagues who think that such provisions may need to be in place should recognise that they would undermine the whole purpose of the withdrawal agreement. The best way to stop no deal is to secure a deal.

[Steve Barclay]

My hon. Friend is absolutely right. I know that he engages extensively with the business community, and what the business community wants is the clarity and certainty that the Bill delivers, and it also wants an implementation period that has a clear demarcation in terms of time. That is what the Bill will deliver.

[Several hon. Members rose—]

[Steve Barclay]

I shall give way one further time to the right hon. Member for Leeds Central (Hilary Benn), who was the Chair of the Exiting the European Union Committee.

[Hilary Benn (Leeds Central) (Lab)]

The Secretary of State has expressed enormous confidence that a deal will be done by December; may I test that confidence a little further? Will he give the House an assurance today that there is no prospect whatsoever of the UK leaving without an agreement in December this year?

[Steve Barclay]

I have set this out very clearly. The right hon. Gentleman will have studied the Bill—he always does—and will know exactly what is in clause 33, which is a commitment to stick to the timetable set out for the implementation period, which we committed to in our manifesto. I would hope that he, as a democrat, would want a Government to adhere to their manifesto.

The reality is that, on 12 December, the British public voted in overwhelming numbers to get Brexit done by 31 January and to conclude the implementation period by December 2020, so that we can look forward to a bright future as an independent nation. Page 5 of our manifesto explicitly states that we will negotiate a trade agreement by next year—one that will strengthen our union—and that we will not extend the implementation period beyond December 2020. We are delivering on these promises that the British people have entrusted us to deliver, and the Opposition are interested only in further delay and disruption. I urge Labour and the Liberal Democrats not to press new clauses 4 and 36.

I look forward to hearing from Members across the House as we take the Bill through Committee. This Government are committed to delivering Brexit, and this Bill will enable us to do so.

[The Chairman of Ways and Means (Sir Roger Gale)]

Order. I should probably have indicated for the benefit of new Members, and will indicate now, that clause 33 will not be decided today. Although it is grouped with these amendments, it will be taken as a Committee of the Whole House decision tomorrow and may or may not be divided on. To make that clear, it will not be that we have forgotten it.

General Affairs Council

Steve Barclay Excerpts

Friday 20th December 2019 Written Statements

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

I want to make the following statement:

General Affairs Council, November 2019

The UK did not attend the General Affairs Council (GAC) in Brussels on 19 November 2019.

The UK Government have decided that from 1 September until exit day, UK Ministers and officials will only attend EU meetings where the UK has a significant national interest in the outcome of the discussions.

General Affairs Council, December 2019

Sir Tim Barrow, the UK’s permanent representative to the EU, attended the General Affairs Council in Brussels on 10 December 2019 to represent the UK. A provisional report of the meeting and the conclusions adopted can be found on the Council of the European Union’s website at:

https://www.consilium.europa.eu/en/meetings/gac/2019/12/10/#

Values of the Union in Hungary / Article 7 (1) TEU Reasoned Proposal

As part of the article 7(1) TEU procedure, the Council held a second hearing on Hungary, following the first hearing on 16 September. This hearing focused largely on the independence of the judiciary, freedom of expression and academic freedom in Hungary.

Rule of Law in Poland / Article 7(1) TEU Reasoned Proposal

The Council discussed the rule of law in Poland. The Commission provided an update to Ministers on the latest developments, including the recent judgments of the European Court of Justice concerning Polish rules on the retirement age of judges and public prosecutor, and the new Disciplinary Chamber of the Polish Supreme Court.

Preparation of the European Council on 12-13 December 2019 and European Council follow-up

Ministers continued preparations for the European Council on 12-13 December, and discussed draft conclusions. Sir Tim Barrow intervened to express the UK’s long-standing support for the EU’s ambition of climate neutrality by 2050. We welcomed the balanced conclusions that demonstrated the importance of EU climate leadership in reducing greenhouse gas emissions, promoting green growth, and in ensuring a just transition to a low-emission economy. Sir Tim Barrow also reiterated the UK’s continual support in finding an agreed solution to the current paralysis of the WTO’s mechanism for settling disputes, stressing the importance of language in respect to the WTO, and reinforcing that it was central to trade policy.

Multiannual Financial Framework

The Council held a policy debate on the next multiannual financial framework (MFF). Ministers discussed the Finnish presidency’s negotiating box, ahead of the 12-13 December European Council. The presidency agreed to a 25% target of the EU budget to support climate change initiatives.

European Semester 2020—Roadmap

As part of the preparation for the next European semester, the Croatian presidency presented the 2020 European semester roadmap. The roadmap’s objective is to ensure that all relevant Councils work in a co-ordinated manner, with the General Affairs Council designated as the forum for overseeing the process.

Legislative programming – Commission’s Work Programme for 2020 and multiannual programming

Ministers exchanged views on priorities for upcoming legislative work under the new Commission. The aim of the discussion was to provide comments to the Commission for the preparation of its 2020 work programme.

Conclusions on complementary efforts to enhance resilience and counter hybrid threats

The Council adopted, without discussion, European Council conclusions which set priorities and guidelines for EU co-operation of countering hybrid threats and enhancing resilience. The conclusions outline the need for a comprehensive approach to these threats, working across all relevant policy sectors to ensure alignment.

AOB: Enlargement

Under any other business, the Commission confirmed to member states that it would present its proposals on enlargement in January, under the new presidency.

[HCWS13]

Checks on Goods: Northern Ireland and Great Britain

Steve Barclay Excerpts

Thursday 24th October 2019 Commons Chamber

[Tony Lloyd (Rochdale) (Lab)]

(Urgent Question): To ask the Secretary of State for Exiting the European Union if he will make a statement regarding checks on goods moving from Northern Ireland to Great Britain and Great Britain to Northern Ireland under the current withdrawal agreement.

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

On 17 October, the United Kingdom and the European Union reached political agreement on a new withdrawal agreement and political declaration for the future relationship. That includes a revised protocol for Northern Ireland, which has been extensively debated in this House. The agreement is clear that Great Britain and Northern Ireland are one customs territory. Goods that are not at risk of moving to the European Union will attract no tariffs. These arrangements mean that Northern Ireland would remain in the UK’s customs territory and could benefit from the UK’s new trade deals with third countries. Goods moving from Great Britain to Northern Ireland that are destined for the European Union will have to comply with European Union rules. To ensure that the correct tariffs are applied and that goods comply with the rules of the single regulatory zone, some information will be needed on goods moving from Great Britain to Northern Ireland.

The deal also explicitly allows the United Kingdom to ensure unfettered market access for goods moving from Northern Ireland to Great Britain. There will be minimal targeted interventions designed to prevent, for example, trade in endangered species, which I would have thought the House agreed on. We will work with the European Union to eliminate those limited processes as soon as possible after Brexit. The most important point is that the arrangements automatically dissolve after four years unless a majority of the Northern Ireland Assembly in Stormont votes to keep them.

[Tony Lloyd]

Thank you, Mr Speaker, for granting this urgent question, which really does matter.

There is confusion at the very heart of government. Yesterday, the Prime Minister told the House there would be “no checks” and “no tariffs” between Northern Ireland and Great Britain; that is in direct contradiction to what the Secretary of State just told the House. It is in contradiction with the steadily progressing views expressed in different statements from the Secretary of State for Northern Ireland and the Justice Secretary, who said last night on “Newsnight” that there will be checks in both directions—from GB to Northern Ireland, and Northern Ireland to GB. The manifest confusion at the heart of government is compounded by the confusion for businesses in Northern Ireland—particularly small businesses—and the Northern Ireland civil service in planning for the long term. That is simply unacceptable. The Government were trying to ram the European Union (Withdrawal Agreement) Bill through the House in three days, but they themselves do not properly understand what they are doing. That is problematic, and we need absolute clarity.

While this is outside the Secretary of State’s immediate brief, there are other consequences. The House spent a long time arguing that there should be no hard border across the island of Ireland to prevent an impact on the nationalist community; we did not think we would now be talking about the impact on the Unionist community and political Unionism. The new Chief Constable of the Police Service of Northern Ireland said:

“whatever ends up as a Brexit deal, if there is one that could be perceived in a way that sort of threatens the security of the loyalist community...our concern is also the loyalist community has at times shown it can mobilise quickly, bring large numbers of people on to the streets and engage in public disorder in support of their cause.”

I hope that every Member takes that warning very seriously, because it is a profound warning from a senior and experienced police officer.

I have a number of specific questions for the Secretary of State. First, what overall impact assessment have the Government made for the Northern Ireland economy? What assessment have they made for trading ports and airports in Scotland, Wales and England? Her Majesty’s Revenue and Customs estimates that each declaration for shipments from Great Britain to Northern Ireland will cost between £15 and £56, and Border Force says that a “minimum amount” of electronic information will be required for movements from west to east. When will the Secretary of State be able to give certainty to businesses about what the checks will be and how they will be undertaken? If the Justice Secretary was right when he told “Newsnight” that there would be checks from Northern Ireland to Great Britain, when will we know the detail of what those checks will be, rather than their being superficially dismissed as of no importance?

In the end, the Government have to put an end to this confusion. Will the Secretary of State guarantee that he will make an early statement to the House about the full impact of the checks in both directions? Does he accept the warning of the Chief Constable about the potential impact and do the Government take that seriously? If so, what is their assessment? Finally, I have to ask about a political point, although it is an important one: does the Secretary of State believe that the Prime Minister himself at last understands the impact of his deal on Northern Ireland and on the relationship between Northern Ireland and the rest of our country?

[Stephen Barclay]

I know that the House and the hon. Gentleman take these issues very seriously. He raises some very legitimate points, which I will seek to address.

First and foremost was the hon. Gentleman’s concern about any hard border between Northern Ireland and Ireland. I am happy to give him assurances on that; it is a key part of what the Government have agreed. If he looks at the preamble to the Northern Ireland protocol, he will see clear commitments from the EU and the UK to the Belfast/Good Friday agreement. It states that

“nothing in this Protocol prevents the United Kingdom from ensuring unfettered market access for goods moving from Northern Ireland to the rest of the United Kingdom”.

The hon. Gentleman also raised a legitimate concern about the statement from the Chief Constable of the Police Service of Northern Ireland. The Government take it incredibly seriously, and the Secretary of State for Northern Ireland liaises closely with the Chief Constable and other senior officers. This is one reason why it is important to get the Executive back up and running, as I am sure the hon. Gentleman agrees. Part of the reason why the Government extended article 50, for which they were criticised at the time, was precisely that the previous Prime Minister took those concerns very seriously, and we have continued to work with the PSNI to address them. However, I remind the hon. Gentleman that one of the central concerns is the potential impact of no deal on the border, which is another reason it is important that the House comes together and agrees a deal, because that is the best way of safeguarding the Belfast/Good Friday agreement and addressing those concerns.

The hon. Gentleman asked about the comments of my right hon. Friend the Prime Minister. The Prime Minister was distinguishing between the paperwork required, which will be done digitally and is a single form, and the introduction of physical checks. In the coming months, we will work within the United Kingdom and with the European Union to discuss how to eliminate the limited administrative processes that there are. The hon. Gentleman will know that article 6 of the protocol requires further work through the Joint Committee to minimise any impact. That is an ongoing commitment.

The hon. Gentleman made a valid point about certainty for business. It is something we hear about in our engagement with businesses in Northern Ireland. It is important to reassure businesses that this is an administrative process—an electronic form—and something as part of bookings that will be done with the haulier as an aspect of the shipment of goods. It will involve fairly straightforward data about who is exporting, who is importing and the nature of the goods. That said, I am happy to have further discussions with him, because he does reflect concerns among businesses, particularly the small and medium-sized enterprises sector in Northern Ireland, about these arrangements.

The hon. Gentleman also asked when we would come back to the House with further updates. My right hon. Friend the Secretary of State for Northern Ireland is keen to continue to update the House, following his discussions on this issue and, more widely, about the restoration of the Executive. I will speak to my right hon. Friend about how we keep the House updated.

The issue is that these are administrative processes pertaining in particular to international obligations on things such as Kimberley diamonds and endangered species and to things that hauliers will be able to prepopulate in their IT systems. However, it is the case—the hon. Gentleman is right—that concerns have been expressed in Northern Ireland. Indeed, concerns have been expressed, which I very much respect, by our confidence and supply partners. Again, I very much offer to work with colleagues across the House on how we address the real concerns—the very real concerns—that I know they have to minimise any disruption that they are concerned about.

[Simon Hoare (North Dorset) (Con)]

The why is very clear—why a deal is important for the island of Ireland, and for Northern Ireland specifically—but may I say to the Secretary of State that that is not the case with the how and the what? Given the lack of absolute clarity from Ministers and indeed from HMRC, if the Government are serious about trying to sell this proposal to the communities of Northern Ireland, they are doomed to failure. May I urge that the Secretary of State, the Northern Ireland Secretary, the Prime Minister and the head of HMRC get together pretty quickly? In oral evidence yesterday, the Secretary of State for Northern Ireland referred to clauses of the Bill being brought forward. The communities need to see those in a timely fashion. We actually need to see draft documents about what these requirements would be. They are causing huge concern in Northern Ireland, and the Secretary of State will not be able to sell the deal unless within the next few days we have the clarity that will assuage very legitimate concerns.

[Mr Speaker]

Order. I accorded the hon. Gentleman some latitude in the light of his notable celebrity as the Chair of the Northern Ireland Affairs Committee, but a similar latitude cannot be widely extended. At this rate, lots of people will not get in, and it will be no good their whingeing about it—that is the reality.

[Stephen Barclay]

My hon. Friend, as the Chair of the Northern Ireland Affairs Committee, raises an important point about what reassurance can be given through the withdrawal agreement Bill to colleagues across the House to address some of these issues. I stand ready to discuss that with him, as I have offered to do with the shadow spokesman and others in the House, subject to the withdrawal agreement Bill proceeding, during its passage.

I remind the Chair of the Select Committee—of course he is very aware of this—that operationally these are issues that apply at the end of the implementation period, not when the withdrawal agreement is ratified, so there will be time for much more consultation with businesses in Northern Ireland to address the very legitimate questions that have been raised. Although it sometimes feels a bit longer, it was only last Thursday that the agreement was reached with the EU, and of course there are questions about what are often quite complex and technical arrangements pertaining to customs. Those are legitimate questions, and I stand ready to discuss them with businesses in Northern Ireland and also with my hon. Friend.

[Peter Grant (Glenrothes) (SNP)]

The Prime Minister had one job—to sort the Northern Ireland backstop—and he has made a pig’s ear of it. He has taken the parts of the backstop that many of his own colleagues and many in the Unionist community in Northern Ireland found unacceptable and put them centre stage, and he claims that to be a success. I and my SNP colleagues welcome anything that gives Northern Ireland businesses free access to markets in the Republic of Ireland. What is not acceptable is that our businesses in Scotland are then put deliberately at a competitive disadvantage.

What is worse is that the Prime Minister has attempted to do this not only without the consent of Northern Ireland but, as is now clear, against the almost unanimous opposition of all the communities of Northern Ireland, without any prior consultation even with the businesses that will have to live with the consequences of what he has done. Can the Secretary of State confirm reports that he has said that even people in Northern Ireland selling stuff on eBay to Great Britain will have to complete customs declarations? Did he say that or was he wrongly quoted in the Irish press?

Can the Secretary of State explain why it is a good idea for Northern Ireland to have closer customs links and trade links with the Republic of Ireland, but it is a bad idea for Scotland, Wales and England to have the same links? Can he tell us what assessment he or anyone in government has made about the economic impact on businesses in other parts of the United Kingdom, which will be left at a disadvantage compared with those in Northern Ireland? Finally, given that, in the view of Unionist politicians on both sides of the House, the deal potentially undermines the long-term future of Northern Ireland in the United Kingdom, if the Prime Minister is prepared to play fast and loose with one of the founding principles of his party, why should anyone trust the reassurances he gives us on an NHS about which he quite clearly could not care less?

[Stephen Barclay]

The hon. Gentleman asks some legitimate questions, but I think he finished with an unfair suggestion. The Prime Minister was always told that he would not be able to renegotiate a deal or replace the backstop and that he could not change a word of the withdrawal agreement, but he achieved those things and deserves to be commended for doing so.

The hon. Gentleman started by saying that the Prime Minister had one job, but when Members passed the Benn legislation, many of them were saying that the Prime Minister’s job was avoiding no deal. By voting against the withdrawal agreement and the programme motion, the hon. Gentleman has made no deal much more likely.

The clear message that I get from businesses in Scotland —certainly those that I speak to, alongside my hon. Friends—is that they want the clarity and certainty of a deal, and to move forward. They want one step of changes through the implementation period, not two. That is why so many businesses across Scotland want us to get on with this. Fishing communities in particular want us to take control of our independent coastal waters once again.

When the hon. Gentleman referred to eBay, I was not sure whether he was talking about my comments or those of another Secretary of State, but if he was asking whether I have commented on that issue, no, I have not. Another Cabinet member might have made such comments, and I will be happy to clarify that. The impact of no deal, and the ongoing uncertainty of not resolving this issue, is clearly having a negative impact on business. Even business leaders who supported the remain campaign, such as Sir Stuart Rose, are now saying, “Let’s get this done. Let’s get Brexit done. Let’s get on to the future trade agreement and move the country forward.” I hope that the hon. Gentleman will think again and enable the programme motion to go through.

[Several hon. Members rose—]

[Sir Desmond Swayne (New Forest West) (Con)]

What proportion of goods from non-EU countries are currently subject to physical checks on entering the UK and the Republic of Ireland?

[Stephen Barclay]

It is 1% from the rest of the world.

[Nigel Dodds (Belfast North) (DUP)]

Let us get this into perspective: Northern Ireland to Great Britain trade is worth £14 billion a year; trade from Northern Ireland to the European Union, including the Irish Republic, is £4.8 billion; and those figures are replicated the other way. Our trade with the rest of the UK is absolutely the most important by a long way. We need to avoid checks, and there will be checks, because we are going to have export declarations for trade from Northern Ireland to Great Britain. The Secretary of State now calls them “administrative processes”, but they are exit declarations that have to be checked. From Great Britain to Northern Ireland, there will be customs declarations, physical checks, tariffs on goods going to the European Union and entry summary declarations.

The Government’s own impact assessment states that there is the potential of

“reduced trade, business investment and consumer spending”

in Northern Ireland and that small businesses will be hit disproportionately. Let us have a bit of clarity and honesty in this House! The fact of the matter is that this will adversely affect the most important trade that we have in Northern Ireland—that is the point we have always made. No checks along the Irish land border, yes, but we cannot then have those checks in the Irish sea.

Please will the Secretary of State take seriously the point that the shadow Secretary of State made and the Chief Constable made today? You are in danger of causing real problems with the Belfast agreement, the St Andrews agreement, and the political institutions and political stability in Northern Ireland by what you are doing to the Unionist community. Please wake up and realise what is happening here. We need to get our heads together and look at a way forward that can solve this problem. Don’t plough ahead regardless, I urge you.

[Stephen Barclay]

I do take seriously the concerns raised by the right hon. Gentleman. Like the Secretary of State for Northern Ireland and indeed my right hon. Friend the Prime Minister, I stand ready to work with him to address those concerns. We are absolutely explicit in standing by the commitments of this Government, and there is a cross-party commitment to the Belfast/Good Friday agreement. The Northern Ireland protocol makes that explicit within the terms of the international agreement.

I absolutely accept the right hon. Gentleman’s point: the flow of trade from Northern Ireland to GB is three or four times more than the flow from Northern Ireland to Ireland. That is why the text makes it clear that there will be unfettered access. We need to work with him, where there are concerns, as reflected by the Chair of the Select Committee, to allay those concerns. Indeed, the text enables us to do so. Again, these are not issues that start on 1 November; these are issues that apply at the end of the application period. Even before we get into the actual articles, the preamble says:

“the application of the protocol should impact as little as possible on the everyday life of communities both in Ireland and Northern Ireland”.

So that is a commitment on both sides. We will work with him and with the Joint Committee on that. He well knows of our unique circumstances and that is why a unique solution is required, but I stand ready, as does the Prime Minister and the Secretary of State, to work with him to address the concerns he raises.

[Mr Mark Harper (Forest of Dean) (Con)]

I have listened very carefully to these exchanges. May I perhaps suggest to the Secretary of State that there is a solution here that requires Ministers getting a grip of officials? The starting point is that we want unfettered access. We only have to apply controls in strictly limited circumstances, so why do we not start with not having any businesses having to fill in forms and only having a requirement on businesses that present a risk of not complying with those strictly limited international obligations? That might well go some way to allaying the fears of our confidence and supply partners. I remind him—he does not need reminding as an experienced former Whip—that, if we had them with us, today we would be completing consideration of the Bill and be on track to leave the European Union next Thursday, and we are not.

[Stephen Barclay]

My right hon. Friend is right; as a former Whip, I do not need reminding of the importance of that, not least as he was my Government Chief Whip during my time in the Whips Office. Let me be clear. Officials across Whitehall, in getting the deal against a very tight timescale, worked phenomenally hard; they got it through by last Thursday. I wish to be clear and express the Government’s gratitude for the work that many officials did against very tight timescales, working with Taskforce 50 to get that deal through.

My right hon. Friend is right that we need to be clear about the impact of the administrative processes. In my response a moment ago, I alluded to the commitment that applies to the Joint Committee to mitigate those impacts. He will be aware that there are already processes around the transportation of goods—with ferries, dangerous goods obviously go on top of the deck—but we will work with hauliers to minimise any administrative processes. As I say, we will work with Members to do so.

[Hilary Benn (Leeds Central) (Lab)]

Under the agreement, if a Northern Ireland fishing vessel leaves a Northern Ireland port and returns to a Northern Ireland port with its catch, could tariffs apply at that point to the fish the vessel has caught if there is a risk that some of the catch might enter the European Union?

[Stephen Barclay]

It will be for the Joint Committee to determine to what extent there is a material risk of any leakage to the integrity of the single market. I think the example the right hon. Gentleman raises is not the sort of size of trade that I would expect to be a risk to the integrity of the single market. The rules say that no VAT would apply if that catch from the vessel was for use by consumers in Northern Ireland. His question, quite rightly, related to some of that catch then going into the EU and going into the EU single market. As is the norm, if goods go into the EU single market then VAT would apply—[Interruption.] But not automatically. It would be for the Joint Committee to determine to what extent it is a significant issue. Perhaps another example would be where food goes to Northern Ireland but goes into ready meals. Then it would be within scope. If it goes to Northern Ireland and is consumed in a restaurant in Northern Ireland, it would not. That is the sort of issue the Joint Committee will get into.

[Several hon. Members rose—]

[Mr Laurence Robertson (Tewkesbury) (Con)]

In no way dispelling the fears of the Unionist community, of which I would consider myself one, may I quote what the Library says on this matter:

“there are currently checks on animal products entering Northern Ireland from Great Britain including physical checks on livestock”?

While there is the potential for those to increase under this agreement, the agreement is not establishing a principle in that respect—that principle is already established.

[Stephen Barclay]

My hon. Friend speaks with great experience, and I know that he takes a very close interest in matters pertaining to Northern Ireland. He is absolutely right in respect of the single epidemiological zone that is the island of Ireland, pertaining to animal and plant health, but at the same time, I accept that there are concerns from a number of Members about what additional requirements will be needed. Those are valid concerns and we stand ready to work with them on those issues.

[Jim Shannon (Strangford) (DUP)]

Fish landed by Northern Ireland and UK fishing boats going east to west and west to east will be subject to landing tariffs that will be paid before landing. That is the information in the paperwork that I have seen. The Secretary of State stated yesterday at the Northern Ireland Affairs Committee that the Government will ensure that tariffs will be covered. I remind the Minister gently, but firmly, that there is nothing whatsoever in the small details that I have seen—the same papers that he has—that refers to that. This will cost Northern Ireland fishermen from Portavogie, Ardglass and Kilkeel, and indeed, all fishing boats in the UK. This withdrawal deal is absolutely rubbish. I used the word “codswallop” before—that is what it is.

[Stephen Barclay]

A moment ago, the right hon. Member for Belfast North (Nigel Dodds) raised the very correct point about the importance of the trade from Northern Ireland into GB, and how much more of that there was compared with trade from Northern Ireland into Ireland and the EU. The hon. Gentleman will be aware that, for those fishing vessels, as for other goods, there are no tariffs applied in terms of NI into GB, nor will there be any tariffs in terms of those who land their catch back into NI. We are dealing with a subset, which is where it goes into the EU.

[Sir William Cash (Stone) (Con)]

Does the Secretary of State acknowledge that the matters that are being discussed are a symptom of a very serious problem that we need to resolve by good will and negotiation and with regard to the constitutional status of Northern Ireland? In that context, I urge him to listen carefully to the arguments not only from those in the Democratic Unionist party, but from our Back Benchers who realise that this is a matter of such importance that it absolutely requires 100% attention from the Government.

[Stephen Barclay]

My hon. Friend rightly raises the point about the constitutional status of Northern Ireland. He will know that the text specifically says that there must be regard to

“maintaining the integral place of Northern Ireland in the United Kingdom’s internal market”,

and there is specific reference to its “constitutional status”, so he is absolutely right about that. He is also right in his recognition that these issues need to be addressed in the context of the future trading relationship that will be reached between the UK and the EU, and we have set out our ambitions for that. We are trying to address the period ahead of that, but we have the implementation period and we are confident that we can get a free trade agreement in place on the timescale that applies—to December 2020. That, as he rightly identifies, then addresses the points in his question.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The head of Border Force told the Home Affairs Committee yesterday that there would be checks and said that it is yet to be worked out in detail who would do them between Britain and Northern Ireland. A memorandum from the Home Secretary that we have published this morning rules out checks from Northern Ireland to Great Britain, but accepts that there is going to be a process from Great Britain to Northern Ireland. However, does the Secretary of State not accept that fudging the language on this is a serious problem when trust is needed? Will he clarify that enforcement will be needed if there is a process and, therefore, when he says “minimal targeted interventions”, that includes physical checks?

[Stephen Barclay]

The right hon. Lady has referred to the Home Secretary’s evidence to the Committee that she chairs. I understand that the Home Secretary wrote to her Committee this morning to clarify her comments. The right hon. Lady has indicated that she has had a chance to see that. I just put that on the record. As was referred to earlier, checks already apply in terms of rest of the world goods and the single epidemiological unit. Those are quite right. But underpinning all the detail that Members quite properly want to probe is the principle of consent. Any issues that apply will be subject to Northern Ireland. The key issue on that is that that aligns with the EU and the UK wanting to minimise any impact, because both sides know that the arrangements will be subject to a consent mechanism in the Northern Ireland Assembly in a way that did not apply to the backstop.

[Mr Marcus Fysh (Yeovil) (Con)]

Will my right hon. Friend commit himself to the use of maximum leverage in our future negotiations with the EU to ensure that this scenario does not come about in the first place and to maximum use of the simplifications available in the Union customs code to ensure that we do not have to have controls at the border itself?

[Stephen Barclay]

My hon. Friend is right. In some ways I can go further and better than that, in that the text actually requires both sides to work to minimise the concern to which he has referred. So I would not see it so much as requiring to put leverage on the EU. I think there is a common interest in minimising this, because the text requires it and because, as I said in my response to the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), the EU is incentivised to minimise the impact to ensure that the arrangements gain the consent of the Assembly in Northern Ireland.

[Mr Speaker]

Alistair Carmichael.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Thank you, Mr Speaker.

“We could not support any deal that creates a border of any kind in the Irish Sea and undermines the Union or leads to Northern Ireland having a different relationship with the EU than the rest of the UK, beyond what currently exists.”

Those are not my words, but the words of the former Secretary of State for Scotland and Ruth Davidson, the recently resigned leader of the Scottish Conservative party—an intervention that was described at the time by an unnamed Scottish Conservative spokesperson as “an article of faith” for the Scottish Conservatives. Can the Secretary of State tell the House: when did the Scottish Conservative and Unionist party lose its faith?

[Stephen Barclay]

I think that what has shaped these arrangements is something on which I hope the right hon. Gentleman and I can agree. There are unique circumstances in Northern Ireland. That does require a unique solution. There are already unique circumstances pertaining to the Belfast/Good Friday agreement. That is what the solution has put in place. He would, I think, be the first to criticise the Government if we proposed a solution that in any way compromised or involved infrastructure on the border between north and south. Therefore, that does require a degree of flexibility and creativity on all sides; that is part of a negotiation. It is to the credit of Taskforce 50 that, having for a long time said that the backstop was all-weather and all-insurance—having said that it could not be changed, that not a word could be amended—the taskforce did apply creativity and flexibility, and perhaps he should do so as well.

[Nigel Mills (Amber Valley) (Con)]

The Secretary of State has referred to electronic declarations for goods going from west to east. Is he planning to build a new system in the next 14 months, or is he planning to use an existing system such as CHIEF, the customs handling of import and export freight?

[Stephen Barclay]

My hon. Friend is right that this is a straightforward process. In terms of documentation, hauliers and the transportation of goods, often, a firm will be making the same journey to their supplier, which is why any impact of the administrative procedures will be mitigated over time and the systems will ease them. However, we will work with the Joint Committee to reduce the impact of those. That is exactly what the implementation period is for.

[David Simpson (Upper Bann) (DUP)]

I hope the Secretary of State will realise the difficulties that this will make for the agrifood industry in Northern Ireland; they will be massive. But I want to ask him a very straight question and I would appreciate a straight answer. My constituents are asking me this question, especially this week, when we have been inundated: why is it that the Conservative and Unionist party has done this in Northern Ireland? Are we the sacrificial lamb that was required in order to get the deal over the line?

[Stephen Barclay]

I know the hon. Gentleman reflects the very legitimate concerns in his constituency about some of the details, but I do not accept his characterisation of this. The strong representations we have had in government were on the need to safeguard the Belfast/Good Friday agreement, to ensure there was no infrastructure at the border in Northern Ireland, and to mitigate. Indeed, our commitment to Northern Ireland to address specifically the concerns he raises is reflected in another part of this package that has not been mentioned at all this morning, which is the new deal for Northern Ireland that the Secretary of State has been discussing with parties in the wider context of getting the Executive back up and running. It would be an odd position to suggest that the Conservative and Unionist party is not committed to Northern Ireland when indeed part of this package is a new deal which addresses the levelling up that the Prime Minister has committed to, in Northern Ireland and across the United Kingdom.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

It is quite understandable that hon. Members who represent Northern Ireland raise concerns about this issue, but is not the key point that these arrangements will be superseded by a future free trade agreement and that there are compelling reasons to think we can strike a deal that suits both sides, not least because of the impact on Ireland if we did not? Its GDP growth rate is currently 5%, but it will go into recession if we do not agree a UK-wide free trade agreement.

[Stephen Barclay]

As a senior business figure in his previous career, my hon. Friend understands both the dynamic impact from an economic point of view and also the terms of the agreement, which are exactly as he says: the free trade agreement will supersede these arrangements. These arrangements can be part of this, but the free trade agreement is where we will then take it forward.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

The Secretary of State has a very interesting definition of “unfettered”, because what we are talking about here are checks, charges and confusing processes on trade within our own country—within the United Kingdom—and that of course has huge implications not only for Northern Ireland, and for Scotland and England, but also for Wales. Can the Secretary of State answer the question that the Home Secretary did not answer yesterday in the Home Affairs Committee and the officials did not answer either: will UK Border Force officials be involved at any stage in the checks and processes that both he and the Home Secretary have referred to?

[Stephen Barclay]

The hon. Gentleman talked about this being within Great Britain. There are no requirements in the protocol pertaining to Great Britain. We will have control, and this is part of it being unfettered; we will have sole control as to how we wish to address this. [Interruption.] With respect, the hon. Gentleman asked the question, and I have been trying to give full answers— perhaps slightly too full in the view of the Chair. The simple answer is that there are no requirements in terms of Great Britain: we will have sovereign control, as a sovereign country.

[Richard Drax (South Dorset) (Con)]

As I understand it, a majority vote is required for Northern Ireland to escape the existing deal, which of course is a change from the cross-community agreement, and this has, I know, upset our friends and colleagues representing Northern Ireland. Can this be looked at, so that at least in December 2020 when we leave the EU Northern Ireland comes with us in whole?

--- Later in debate ---

[Stephen Barclay]

First, Northern Ireland will come with us: it will be part of the customs union, it will benefit from our trade deals, and we are absolutely committed to leaving, as the Prime Minister repeatedly says, whole and entire. My hon. Friend does raise a concern that has been raised on the Benches opposite in terms of the consent mechanism, but the concern is about giving one community a power of veto, not least because these are reserved matters pertaining to international relations that fall outside the scope of the Good Friday agreement. It is important to understand what the consent mechanism is applying to, and it is for that reason that it is by simple majority.

[Mr Gregory Campbell (East Londonderry) (DUP)]

The Secretary of State noted the comments of the Chief Constable, and we all want to avoid any descent into community disorder. He also acknowledged the scale of east-west commerce and business. Does he now acknowledge that what we need are not warm words or reassurances on what will follow, but to ensure that the text reflects the potential to grow the east-west business, and not to risk jeopardising it for the sake of north-south business?

[Stephen Barclay]

The hon. Gentleman and I would agree on the desire to grow that business, because economic ties underpin the democratic relationship that we have, and we both share a common desire to have a strong Union with Northern Ireland as a central component of that. There will be scope, both during the passage of the withdrawal agreement Bill and then in the implementation period, to look at the things that can be done to strengthen that. I would draw his attention, for example, to what we secured on state aid in Northern Ireland, where there is scope to look at the UK economy as a whole, which again enables us to ensure that Northern Ireland’s place in the United Kingdom is central to the decision making of this and any future Government.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

I welcome the tone of these exchanges, which seem to me very calm and very sensible and do recognise the concerns being expressed from Northern Ireland. I suggest that we need to separate two things—the symbolism of a process of compliance required between Northern Ireland and the rest of the United Kingdom, and the substance of the effect of that policy. It seems to me that all the questions are about the substance of compliance and that those are fears that possibly can be assuaged, and that we should seek to assuage, while recognising that there will still be deep concerns in the loyalist community in Northern Ireland about having any kind of agreement that requires that compliance.

[Stephen Barclay]

My hon. Friend absolutely captures a key point in terms of that distinction, and I very much agree with him. I would expect most firms to get intermediaries to complete the administrative process required for moving goods, so he is absolutely right in the distinction that he draws. Indeed, that is exactly what the implementation period would be used for—to address that distinction.

[Mr Clive Betts (Sheffield South East) (Lab)]

On exiting the EU, trade between the port of Rotterdam and England will be subject to checks. If the same goods go from other EU countries to England through the Republic of Ireland and Northern Ireland, will they be subject to the same checks, and if so, where will those checks take place?

[Stephen Barclay]

I visited the port of Rotterdam to discuss the arrangements that it is making. For goods coming from Rotterdam to, say, Northern Ireland and then on to Great Britain, any requirements are within the control of Great Britain and the UK; there are no requirements on that in the protocol. The hon. Gentleman knows that most of the time—this is what I was discussing with the port of Rotterdam—these issues are intelligence-led in any event. That is the case now and that will be the case in the future.

[Mark Pawsey (Rugby) (Con)]

On a very practical level, PTI Express Ltd is a haulage company based in my constituency, transporting goods to and from both Northern Ireland and the Republic, and it was very concerned about the threat to its business—about the prospect of no deal. Of course, that threat to its business has now been abated as a consequence of the vote in the House earlier in the week, but what arrangements should it put in place for future circumstances?

[Stephen Barclay]

I agree with my hon. Friend in part, in that I think the central concern of many businesses, as with those in his constituency, has been around no deal; but because of the decision that the House took on the programme motion, I would not say that has been abated. That is why my right hon. Friend the Chancellor of the Duchy of Lancaster has had to step up our no-deal preparation, Yellowhammer. The sooner we can reach a deal, the sooner we can address fully the concerns of my hon. Friend’s constituents, because he is quite right: many members of the business community are concerned about no deal. That is why they want this deal done and they want us to move forward.

[Gavin Robinson (Belfast East) (DUP)]

May I say that it is frustrating, to put it mildly, to hear that black is white and to hear contradictory comments that do not reflect the text in the withdrawal agreement or its outworkings? Can I say to the Secretary of State—I hope he takes this seriously—that this is fundamental for us? The sixth article of the Act of Union (Ireland) 1800 states that there will be

“No duty or bounty on exportation of produce of one country to the other.

All articles the produce of either country shall be imported free from duty.”

That is an article of the Act of Union between Great Britain and Ireland. That is how fundamental this is.

[Stephen Barclay]

What article 6 makes clear is that there will be unfettered access—[Interruption.] That is article 4, sorry—[Interruption.] I had actually lifted out the page from my folder. What is made clear is that there will be unfettered access and that the UK has sovereign control—[Interruption.] I was actually quoting it correctly, because article 6.1 of the withdrawal agreement states:

“Nothing in this Protocol shall prevent the United Kingdom from ensuring unfettered market access”.

My point is that article 6 allows for unfettered access, and that is exactly what the text says.

[Paul Masterton (East Renfrewshire) (Con)]

The UK Government have an unequivocal obligation to ensure unfettered access for Northern Ireland into the GB market. It is not good enough to say, “We will wait six months until the Joint Committee to try to sort this out,” because the trust is not there. There is nothing to stop the UK Government setting out now how they intend to achieve unfettered access, both through the future relationship that they want with the EU and a package of unilateral domestic measures that they could take to prevent any of these provisions from coming into force. When will we see those measures?

[Stephen Barclay]

Such issues can quite rightly be discussed in more detail during the passage of the withdrawal agreement Bill.

Just to correct things, I slightly misheard the hon. Member for Belfast East (Gavin Robinson), but I am happy to pick up his specific point following this discussion.

[Owen Smith (Pontypridd) (Lab)]

Peace and prosperity in Northern Ireland are far too important to be treated with the cavalier obfuscation that we have heard from the Secretary of State this morning. Can I take him back to the document that the Under-Secretary of State for Exiting the European Union, the hon. Member for Rochford and Southend East (James Duddridge), published on Tuesday night? Will he confirm that it says, between paragraphs 294 and 319, that £7.5 billion-worth of trade involving 20,000 businesses is in jeopardy as a result of checks and other issues at the border and that there is a risk that prices will go up for consumers in Northern Ireland? Will he confirm whether that is true and whether he thinks it is a good thing for his Government to do?

[Stephen Barclay]

It is misrepresenting the issue to say that such things are in jeopardy from a simple form—I have it here—that will need to be filled out. There are legitimate questions about administrative processes that we have been exploring in the House, and I stand ready to discuss them further, as does the Secretary of State for Northern Ireland. However, it does not help the debate to describe a fairly simple form pertaining to what goods are moving from whom to whom and what is contained in the cargo as putting our future trade with Northern Ireland in jeopardy.

[Adam Afriyie (Windsor) (Con)]

In addition to the symbolism of the issue, there is also a matter of practicality, given the limited number of businesses and transactions that may require declarations. Are the Government able to provide financial support or fiscal support to the limited number of affected businesses in Northern Ireland?

[Stephen Barclay]

My hon. Friend raises an important point. He will fully understand that as a Minister of the Crown it is not for me, on behalf of the Chancellor, to make fiscal commitments of that sort at this stage. However, my hon. Friend is opening up a wider discussion. As part of the new deal for Northern Ireland, as part of restoring the Executive and as part of the Joint Committee looking at how we can reduce the impact of any administrative processes, it is important to understand what the concerns are and what the Government can do to mitigate them.

--- Later in debate ---

[Catherine McKinnell (Newcastle upon Tyne North) (Lab)]

The raft of contradictory statements by senior members of the Government has caused nothing but confusion and anxiety for businesses over the past 24 hours. Given that the Prime Minister does not even seem to understand or be able to be straight about the impact of the Brexit proposals on the future of £18 billion- worth of trade within our own country, why on earth would anyone trust him to negotiate our future trading relationships with the EU or the rest of the world?

[Stephen Barclay]

The hon. Lady has previously raised a similar issue, saying that she did not trust the Prime Minister to get a deal. He has got a deal, and that deal includes unfettered access for those goods, which is why it will not be a threat to that trade. Quite rightly, where there are issues of concern—and particularly given the concern of the Chief Constable—we stand ready, both with the shadow Secretary of State and with others, to ensure that we work together to mitigate those concerns.

[Luke Graham (Ochil and South Perthshire) (Con)]

We have heard this morning that the impact on trade with the rest of the world will be around 1%. The Government are in danger of losing and turning what was a practicality point into a political point unless they provide clarity. Will they release a list of indicative goods to which the EU customs code is likely to apply, to provide that clarity for DUP and Conservative colleagues?

[Stephen Barclay]

I am happy to write to my hon. Friend to see what further clarity can be provided, but I refer to the answer I gave a moment ago. These issues will apply at the end of the implementation period, as opposed to when the withdrawal agreement is ratified.

[Several hon. Members rose—]

General Affairs Council October 2019

Steve Barclay Excerpts

Thursday 24th October 2019 Written Statements

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

I represented the UK at the General Affairs Council (GAC) in Luxembourg on 15 October 2019. A provisional report of the meeting and the conclusions adopted can be found on the Council of the European Union’s website at:

https://www.consilium.europa.eu/en/meetings/gac/2019/10/15/ id="47WS" class="column-number" data-column-number="47WS">

Enlargement and stabilisation and association of Albania and North Macedonia

The Council discussed enlargement and the stabilisation and association process as regards Albania and North Macedonia. The presidency recalled the conclusions of 18 June 2019 Council to revert to the issue no later than October 2019. However, the discussion concluded without resolution due to a lack of unanimity. The presidency issued procedural conclusions stating that the Council would return to the issue after the October European Council.

Preparation of the European Council on 17-18 October 2019: Conclusions and European Council follow-up

Ministers continued preparations for the European Council on 17-18 October. The presidency split the discussion into multiannual financial framework (MFF) and other agenda items. There was a lack of consensus among member states on the MFF proposal presented by the presidency. Leaders discussed EU priorities for the next five years; Turkey; and climate change.

AOB: Transparency seminar

The presidency briefed Ministers on the outcomes of the future of EU transparency seminar it held on 24 September in Helsinki.

[HCWS40]

European Union (Withdrawal Agreement) Bill and Extension Letter

Steve Barclay Excerpts

Monday 21st October 2019 Commons Chamber

[Jeremy Corbyn (Islington North) (Lab)]

(Urgent Question): To ask the Prime Minister if he will make a statement on the publication of the European Union (Withdrawal Agreement) Bill and his letter of 19 October to the European Council seeking an extension to the period provided under article 50.

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

Notice of the withdrawal agreement Bill was given to the House on Saturday. The Bill was handed to the House yesterday, as agreed with the House authorities. It will be introduced for First Reading at the start of the main business today. Publication of the withdrawal agreement Bill is therefore now being delayed by the Leader of the Opposition, because he has tabled this urgent question requesting publication of the withdrawal agreement Bill—genius.

The withdrawal agreement Bill could not be finalised until the European Council on Thursday 17 October, and then there followed an historic meeting of this House on Saturday 19 October. It has been introduced on the following sitting day, and, as you said a moment ago in response to a point of order, Mr Speaker, what could be sooner than the next sitting day? The sooner that this urgent question and the next urgent question are concluded, the sooner it will be available to Members.

In respect of the Prime Minister’s letter to President Tusk of 19 October, that was sent in compliance with section 1 of the Benn Act. The President of the European Council has accepted the request as valid and indicated that he is considering it and consulting member states.

[Jeremy Corbyn]

I do admire the Secretary of State for keeping a straight face while he gave that answer, and I am very grateful to you for granting this urgent question, Mr Speaker.

The Prime Minister has not deigned to grace us with his presence today, but I am reassured that, despite his pledge, he is not to be found anywhere in a ditch. I welcome the fact that the Prime Minister has sent a letter over the weekend to the EU President Donald Tusk to comply with the European Union (Withdrawal) (No. 2) Act 2019. As we have come to expect with this Prime Minister, this has been done with posturing and attempts to distract, but despite having told the British public over and over again that he would never do it, the letter has in fact been sent. Not only is the request legally necessary and prevents us crashing out of the EU with no deal, but the extension allows this House the space to scrutinise the Prime Minister’s Brexit deal. I pay tribute to all those Members who have worked hard to ensure that a no-deal Brexit is ruled out, and I will continue to work across the House to ensure that this continues to be the case.

The European Commission has confirmed today that Brussels is now considering the terms of an extension. Can the Secretary of State tell the House when he expects any extension to be granted? Can he categorically rule out the absolutely ridiculous reports yesterday that Conservative MPs are trying to amend the law to jail Members of Parliament alleged to have colluded with foreign powers? Does he, like me, fear for the hon. Member for Shrewsbury and Atcham (Daniel Kawczynski), who is telling everyone who will listen that he is trying to collude with the Polish and Hungarian Governments to veto any possibility of article 50 extensions?

This type of nonsense is doing nobody any good at all. If the Prime Minister wants to get his deal through, he should bring forward the withdrawal agreement Bill for scrutiny. Will he also bring forward an economic impact assessment, which has so far not seen the light of day? And will he allow this House ample time to scrutinise what this deal means to the communities that we all represent?

[Stephen Barclay]

I can tell the House what has been ditched—the right hon. Gentleman’s manifesto, with him moving from the commitment he gave to respect the referendum result to one that is now characterised by dither and delay. The Leader of the Opposition questions the letter from the Prime Minister. What the Prime Minister made clear was that we would abide by the law, and Lord Pannick, among many others, has confirmed that the Prime Minister has done so, so there is no question as to the commitment from him. Of course, the Leader of the Opposition disagrees with the action, but the position of the Prime Minister and his commitment to leaving on 31 October will not surprise any Members either of this House or of the European Council.

The Leader of the Opposition talks about collusion. In this House, we want to collude with the British public to respect the referendum result and to get Brexit done. When he talks about delay, he should answer this question: he wants a second referendum, as we know the shadow Brexit Secretary does, but how long is that going to take? How long will the primary legislation take? How long will the Electoral Commission requirements take? How long will he leave the House in purgatory? He gave a commitment that if we went past 31 October, there would be a general election, and yet on the “Andrew Marr” programme on Sunday, the shadow Brexit Secretary said that he wanted a further delay to have a second referendum. When will the Leader of the Opposition accept the Prime Minister’s challenge? When will he have a general election? Or are we to have, as the shadow Brexit Secretary said, more dither, more delay and more shirking of his responsibilities?

[Mr Kenneth Clarke (Rushcliffe) (Ind)]

Will my right hon. Friend try to ensure that the Government stop giving this sacred quality to the date of 31 October, which is a really rather silly point that has intruded into the extremely complicated arguments we are having? I would be quite happy if we concluded a withdrawal agreement along the lines the Prime Minister is proposing by 31 October, if we could do it properly, but the date was not selected by the British public or the British Government; it was a compromise in the EU between President Macron and the rest and was plucked out of the air. Will he agree that what matters is that we get the right withdrawal agreement, carried with the tenuous majority the Government may have, through Second Reading and Third Reading so that its form can be settled, and that we then proceed in a way that future generations, if we get it right—or even if we get it wrong—will regard as much more important than whether we made it by a particular day in October 2019?

--- Later in debate ---

[Stephen Barclay]

The date was set by the previous European Council, and it is not a unilateral decision for the UK Parliament whether that date is changed. Previously in the House the Father of the House said that what mattered was avoiding no deal. The Prime Minister has secured a deal that does that. What matters now is that we end the uncertainty for businesses and citizens, deliver on the deal the Prime Minister has negotiated—one agreed by the EU27 as well—and get Brexit done.

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

I congratulate the Leader of the Opposition on lodging the urgent question, but of course it was a question to the Prime Minister about his behaviour. Where is he? Where is his respect for the House? He was utterly humiliated by his defeat on Saturday, which saw the House reject his unfair and anti-democratic deal and has forced him to send a letter to the EU Council requesting an extension. But what did he do? He sent a letter not on headed paper and unsigned. Is he used to sending unsigned letters in his capacity as Prime Minister? If so, how many such letters has he sent? I want a direct answer, although I think we know the answer.

The Prime Minister’s behaviour lacks dignity and respect and is not becoming of any Prime Minister. Once again, he has shown himself to be unworthy of the office he holds. I have with me a copy of a joint letter sent from the First Ministers of Scotland and Wales to President Tusk, properly addressed, with their official letterheads and duly signed. The Prime Minister should take note: that is a lesson in how to behave. His actions show disrespect not only to the House but to the Court in Scotland and to President Tusk himself. Despite the Prime Minister’s childish game of sending a contrary letter, the SNP is pleased to see that the grown-ups in the room—namely, the European Council—are now considering an extension, which must be secured to protect our interests from the economic oblivion that would follow from a no-deal Brexit.

I join the Leader of the Opposition in expressing the Scottish National party’s outrage that the Prime Minister has instructed his Government to publish the withdrawal Bill without securing adequate time for parliamentary debate and scrutiny. Once again, this Conservative Government are showing disregard for democracy. It is absolutely imperative that representatives here are able to do their jobs and scrutinise this legislation, given the magnitude of its ramifications.

I say this to the Prime Minister, through the Secretary of State who is present: if he is not afraid of democratic debate, let him secure the extension, and let us have the time that we need for full scrutiny of the Bill. Let me also ask him this: if he is so sure that the people are with him, will he confirm today that he will seek support for the Bill from the Scottish Parliament, which must give consent first?

[Stephen Barclay]

The crux of the issue is that the Prime Minister has complied with the law, but it is right that alongside that, he has set out his well-known views, and that should not come as a surprise to the right hon. Gentleman any more than it should to any other Member. What is unworthy is to hold referendums and then ignore the results, which is the position of the right hon. Gentleman in terms of not just the 2014 referendum but the referendum of 2016.

More than 1,200 days have passed since the referendum, and the one thing that I do not think the House has lacked is opportunity to debate the issues contained in the withdrawal agreement Bill. The Bill will be published—it is with the House—in order for further debate to happen. It is time for the House to begin that debate, back the Bill, get Brexit done and get on to the domestic priorities: the record investment in our health service, the extra 20,000 police officers we are recruiting, and the levelling up of all parts of the United Kingdom as part of strong economic delivery.

[John Redwood (Wokingham) (Con)]

I am glad that the Government wish to base our future relationship with the EU on comprehensive free trade agreements, but will they get on with tabling one, and show urgency in trying to secure one? The sooner we can secure one, the more reassuring it will be for Northern Ireland; and the public, who are heartily sick of all this, do not want to waste another 15 months.

May I personally thank you, Mr Speaker, for avoiding groundhog day today? I heard all the arguments on Saturday, and I do not think that I need to hear them again.

[Stephen Barclay]

I agree with my right hon. Friend: we need to get on to the future relationship. The House has been endlessly debating the winding-down provisions, which are contained in the withdrawal agreement Bill. The political declaration sets out a clear framework for a best-in-class free trade agreement, and we need to pass the Bill in order to get on with that.

[Jo Swinson (East Dunbartonshire) (LD)]

The Prime Minister was withering in his criticism of the first Brexit deal, and yet he voted for it. He said that no Conservative Prime Minister should ever accept a border down the Irish sea, and yet he has done so. He said that he would never ask for an extension of article 50, and yet he sent a letter doing just that. If the Prime Minister is allowed to change his mind, surely the Government should give the public the opportunity to do the same by putting their Brexit deal to a people’s vote.

[Stephen Barclay]

I think it is somewhat ironic to hear a question about changing minds from a member of the Liberal Democrats, who were the first party to call for an in-out referendum, and who now want a people’s vote on the basis of ignoring the people’s vote that we have had.

[Sir William Cash (Stone) (Con)]

The urgent question was asked by the Leader of the Opposition, which was somewhat unusual. May I refer my right hon. Friend to a Bill that was introduced in 1997 in the name of the Leader of the Opposition, along with that of the right honourable Tony Benn? That Bill stated:

“Sections 2 and 3 of the European Communities Act 1972 are hereby repealed.”

It also stated that the European Court of Justice shall have no effect in the United Kingdom.

Does my right hon. Friend recall the number of times—which, as far as I am concerned, was indefinite—when the Leader of the Opposition went through the Lobby with me on every single instance relating to European matters? Does he accept that this demonstrates not merely a monumental U-turn, but a monumental lack of memory and lack of understanding of what the withdrawal Bill is all about, and of the referendum itself?

[Stephen Barclay]

My hon. Friend has always stuck to his principles; the reality is that the Leader of the Opposition cannot even stick to his own manifesto.

[Ms Angela Eagle (Wallasey) (Lab)]

Does the Brexit Secretary not agree that the Prime Minister has a problem with veracity? He told us that he would rather be dead in a ditch than sign the letter, and signed the letter. He told us that there would be no border in the Irish sea, and then he negotiated a border in the Irish sea. Why on earth should we ever believe a single thing this Prime Minister says?

[Stephen Barclay]

The Prime Minister did not sign the letter, so I think the issue of veracity was actually in the question.

[Mr John Whittingdale (Maldon) (Con)]

Does my right hon Friend agree that what the recipients of the letter and other EU member states, and indeed this country, want to know is whether the agreement that they have reached with the Prime Minister commands the majority support of this House, and how does he propose to explain to them that now, on a second day of the House of Commons meeting, we are still unable to discover that?

[Stephen Barclay]

I very much share my right hon. Friend’s frustration. That exactly is the question that will be posed in capitals; they have reached a deal with the Government and they want to see the UK leave in a smooth and orderly way. That is what their citizens want to see, it is what UK citizens in Europe want to happen, and the sooner we get on and do it the better.

[Hilary Benn (Leeds Central) (Lab)]

It is reported that the Secretary of State told the House of Lords European Union Select Committee this morning that under this agreement, goods leaving Northern Ireland for the rest of the United Kingdom will require an exit summary declaration to be submitted. Can he confirm for the House that such declarations have to be made when goods leave the customs territory of the European Union and, if so, how does that square with article 4 of the Northern Ireland protocol, which says that Northern Ireland is part of the customs territory of the United Kingdom? It is either part of the European Union or the United Kingdom; it cannot be both.

[Stephen Barclay]

What I was referring to in those remarks was in line with international obligations. Some practical information will need to be provided electronically on the movement of goods from west to east. However, the Government will be considering the process during the implementation period.

[Craig Mackinlay (South Thanet) (Con)]

May I just say on the Floor of the House now that I have zero respect—absolutely no respect—for the Benn surrender Act? I have no respect for the means by which it was brought to the House and the Order Paper taken over. I have no respect for the fact that it had four hours’ debate with one day’s notice. I have no respect for the manner in which—Mr Speaker, you were not in the Chair that afternoon—manuscript amendments were being debated before they were available. This was a shambolic Act brought by those who do not want to respect Brexit. The Government should be in control of the Order Paper, and if others do not want that, they can lay a vote of no confidence, but they will not.

I really wonder, Mr Speaker, what this urgent question is for: is it an argument that somehow the Government should have delivered a gold-trimmed letter on a sequinned velvet cushion to the Commission? Can the Secretary of State confirm that the letter has obviously been treated as genuine and is being dealt with in the appropriate way by the Council of Ministers—even though I would have much preferred it had the Government and the Prime Minister had ignored this shambolic Benn Act?

[Stephen Barclay]

As my hon. Friend knows, the Benn legislation was designed to prevent a no-deal exit. The Prime Minister was told that changing the backstop was impossible; he delivered it. He was told that the withdrawal agreement text could not be changed; he did so. We now have a deal that the House can pass; I hope Members across the House will do so with the withdrawal agreement Bill in order that we can leave on 31 October, as citizens and businesses around the country want us to do, and get on with it.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I hope the Secretary of State realises that I could never get angry with him. He and I have always had a very good relationship, and I trust him a very long way, but I beg him to talk to the Prime Minister about his philosophy of “Get on with it” and “We must get this done”. Does he not agree that it is our sacred duty not just to get on with it but to ensure that the deal and the quality of the deal will actually serve our constituents? They depend on us for their health, their welfare, their future and their prosperity, so we must take this business seriously and slowly. “Get on with it” is a nasty jibe. Stop it!

[Stephen Barclay]

First, I thank the hon. Gentleman for the kind words with which he prefaced his question. I have always enjoyed working with him on that basis. He is right to say that we need to get the detail right, but we also need to be clear as to the scope of the withdrawal agreement Bill. It is to implement the deal—the international treaty—that has been reached. It is not to determine the future relationship, which the House, through the withdrawal agreement Bill, will have a lot of opportunity to discuss and get right in the negotiation mandate. We need to implement the treaty through what has been agreed with the EU in the withdrawal agreement Bill, and then get on to the debate, which I look forward to having with the hon. Gentleman, on the terms of the free trade agreement as we move forward with that deal.

[Ben Bradley (Mansfield) (Con)]

I wonder whether my right hon. Friend shares my concern that two Front-Bench Members of Opposition parties have now said that it is not good enough simply to police the Prime Minister’s actions through the courts and that they now want to police his thoughts and opinions as well. That is quite a sinister preview of what life might be like under a Labour Government, if that were to happen. Can he confirm my understanding of the process for the following week, and perhaps give my constituents some clarity on the legislation? Will he confirm that if Opposition Members were to bring forward amendments that are incompatible with the agreement we have made with the European Union, they would not achieve their intended outcome and would simply frustrate and prevent us from passing a deal and leaving on time?

[Stephen Barclay]

On the detail of the next steps, my right hon. Friend the Leader of the House will make a business statement after the urgent questions, and I would not want to pre-empt that. On the wider point, my hon. Friend is absolutely right. The Prime Minister has met his legal obligation, and that has been recognised by the President of the European Court and the European Union. What we now need to do is implement the withdrawal agreement Bill, get Brexit done and get on to the free trade agreement that was referred to earlier.

[Joanna Cherry (Edinburgh South West) (SNP)]

I welcome the fact that, despite all the malarkey, green-ink letters and spin on Saturday night, the European Union has accepted the request for an extension. However, in the court action raised in Scotland—in which I acknowledge the support of Dale Vince—the Prime Minister, the Attorney General and the Advocate General have all assured the court that the Prime Minister will obey the Benn Act and asked the court to dismiss the action. Does it concern the Secretary of State that despite all those promises and assurances, the court has seen fit to continue the action to ensure that the Prime Minister keeps his promise?

[Stephen Barclay]

It is not for a Minister of the Crown to comment on any live court proceedings, but, to follow the lexicon of the hon. and learned Lady, what would be malarkey would be for claimants to send letters before the publication of the correspondence that addressed the issue that was sought in the earlier judgment.

[Neil O’Brien (Harborough) (Con)]

I have recently returned to the House after two weeks’ paternity leave following the birth of my beautiful son—[Interruption.] Even better, I have returned to find that the Prime Minister secured a wonderful Brexit deal, which I look forward to voting for—

--- Later in debate ---

[Mr Speaker]

Let me be the first to congratulate the hon. Gentleman on the birth of Arthur. We wish him a long, happy and healthy life. I had noticed the absence of the hon. Gentleman, and it is very good to welcome him back to the Chamber.

[Stephen Barclay]

There may have been delays in getting Brexit delivered, but I am delighted that Arthur has been delivered, and I am sure I speak for the whole House in offering our congratulations and wishing him every success for the future.

My hon. Friend is absolutely right to suggest that there is huge frustration up and down the country, not only among our constituents but among the businesses that want an end to the uncertainty. They want to see a deal reached, and they recognise that it is in the country’s interests to leave in a smooth and orderly way. They see that the Prime Minister has agreed a deal that has been brought to the House, and it is now for the House to pass the legislation to enable us to move forward and get on to the other priorities that we want to address.

[Ian Murray (Edinburgh South) (Lab)]

Since the Prime Minister brought back his deal on Thursday, I have received thousands of emails from constituents who are asking me to tell them what the impact of this deal will be on their jobs, their livelihoods and the future prosperity of their communities. I am unable to do so because the Government are refusing to publish an economic impact assessment. What is the answer for them? Will GDP go down? Will unemployment go up? What is the answer?

[Stephen Barclay]

The answer is to listen to the Governor of the Bank of England, who says that passing the deal will be a boost to our economy, because a huge amount of investment is ready to be released if we get this deal. Business voices up and down the country want a decision and want the UK to move forward in a smooth and orderly way, and the best way of addressing the hon. Gentleman’s constituents’ concerns is to get Brexit done.

[Charlie Elphicke (Dover) (Ind)]

At the Dover frontline, we have long been ready to leave the European Union in any eventuality—deal or no deal—but we now need certainty, because uncertainty is dragging on and becoming economically damaging. Has the Secretary of State received any representations from the Labour party as to how it will assist with getting on with Brexit, or has he only ever heard, as I have, that it simply wants to cancel Brexit and defy the British people?

[Stephen Barclay]

I absolutely agree with my hon. Friend that we need certainty, and the Prime Minister’s deal offers exactly that. What we have from those on the Opposition Benches is more dither, more delay, and a desire for a second referendum, but no clarity on how long that second referendum would take.

[Mr Chris Leslie (Nottingham East) (IGC)]

I understand the political reasons for the Minister’s reluctance around the Benn Act, but it is the law of the land. I am worried by what he said, because he seems to give the impression it is only about sending a letter, but it is about more than that. Section 1(4) of the Act requires that the Prime Minister “must seek to obtain” an extension. It is not just a matter of sending a letter; he must seek to obtain that extension, and that involves the Prime Minister using his best endeavours and good faith in trying—[Interruption.]

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[Stephen Barclay]

The reality is that this is Parliament’s letter, and the Prime Minister has sent Parliament’s letter. However, he has been clear that he will comply with the law, and he has complied with the law, which is reflected in the comments of figures such as Lord Pannick, but the Prime Minister is also entitled to express his views, which is exactly what he has done.

[Andrew Percy (Brigg and Goole) (Con)]

Lots of my constituents in east Yorkshire and north Lincolnshire think that what happened on Saturday was a Westminster bubble smarty-pants stitch-up to stop us leaving the European Union on 31 October, and—do you know what?—that is exactly what it was. The reason why 31 October is so important is that many people in this country, particularly across the north of England, have figured out what is going on in here. There has been an attempt to play for time—to delay, delay, delay—with one simple aim, which is to overturn the referendum result that people in here never accepted and never had any intention of accepting.

[Stephen Barclay]

My hon. Friend is absolutely right. The House said that it did not believe that the Prime Minister would get a deal, but he did get a deal. The House said that it wanted a meaningful vote, but when the opportunity was presented it was made a meaningless vote. It is time for those games to stop and for us to get a deal through. The opportunity to do that is to support the withdrawal agreement Bill, which legislates for the deal that the Prime Minister has reached.

[Catherine McKinnell (Newcastle upon Tyne North) (Lab)]

The Chancellor has responded to the Treasury Committee’s request of three months ago for updated economic analysis of the free trade agreement that the Government are pursuing. He acknowledged that the current economic analysis does not correspond with previous Government analysis, but he has not indicated any commitment to provide updated economic analysis. He appears to think it is acceptable for MPs to vote blindly on a potential free trade agreement. He either has something to hide, or he thinks that it is acceptable for MPs to be left in the dark.

[Stephen Barclay]

The reality is that the House will have opportunities to debate the negotiating mandate and to instruct how those negotiations are taken forward. Any modelling for the future will have to take on board the future direction of the Commission under the new leadership. It will have to consider what actions the UK Government will take in response, and it will have to model what will happen elsewhere in the world, such as in China and the US. The reality is that one cannot forecast these things, but it is right that the House will have an opportunity to negotiate and discuss these things as part of shaping the mandate for the future.

[Mr Peter Bone (Wellingborough) (Con)]

The Leader of the Opposition is slightly wrong to say that the letter takes a no-deal exit off the table. That is impossible, because it is up to the other nations of the European Union whether or not they grant an extension. The only definite way to take a no-deal exit off the table is, as someone once said, to vote for this deal, which is exactly what this House should do. [Interruption.] Does the Secretary of State agree?

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[Stephen Barclay]

I very much agree with my hon. Friend, and I am grateful to him for supporting the deal. This is Parliament’s letter, but as he says, the reality is that any extension would require the agreement of all 27 member states, which is outside Parliament’s control.

[Mr Speaker]

I am not quite sure from her expression whether the right hon. Member for Maidenhead (Mrs May) is welcoming the belated support of the hon. Member for Wellingborough (Mr Bone) or regretting the fact that it was not on offer at a rather earlier stage.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

I believe that one of the reasons why the Government wanted to bounce us on Saturday, and wanted to bounce us again today, is to hide some of the content and some of the revelations that will come out in the Bill, which will be published shortly. There will be great concern not only among Opposition Members but among others who take a very different position on Brexit.

I take the Secretary of State back to the question about customs declarations between Northern Ireland and the UK, which was raised by the Chair of the Exiting the European Union Committee, my right hon. Friend the Member for Leeds Central (Hilary Benn), who is no longer in his place. Will the Secretary of State confirm what he said to Lord Wood, that export declaration paperwork will have to be carried out and that firms in Northern Ireland will therefore have to carry out paperwork, whether digital or otherwise, to trade within their own country—within the United Kingdom? Will he also confirm whether that will apply going back in the opposite direction?

[Stephen Barclay]

As I said in response to the earlier question, I am happy to confirm that, in accordance with international obligations, there will be occasions when electronic information is needed for the movement of goods.

The hon. Gentleman talks about bouncing decision makers, but we have already had two extensions. The House has debated these issues endlessly. The first version of the withdrawal agreement was published as long ago as last November. The reality is that he does not want any Brexit. He wants a second referendum; he wants to remain; and he will do everything he can to frustrate Brexit.

[Robert Halfon (Harlow) (Con)]

Can we write another letter to the European Union saying that we utterly oppose a second referendum? Does my right hon. Friend agree that a second referendum would be a betrayal of the many thousands of Harlow voters and the millions of working people across the country who voted to leave? We should respect democracy and implement the result of 2016.

[Stephen Barclay]

I absolutely agree with my right hon. Friend. A second referendum would simply take us back to square one. It would create huge uncertainty and huge delay, and it would prolong the paralysis of this Parliament when we need a general election to let the people decide.

[Justin Madders (Ellesmere Port and Neston) (Lab)]

I return to the economic impact assessment, because the effect of all this on manufacturing, particularly in my constituency, is critical. I do not know whether the Government are unwilling or unable to release any information they have on this, but surely the Minister can see how important it is that we have all this information before we make any decisions. After all, he would not buy a house without looking at the deeds, would he?

[Stephen Barclay]

The point the hon. Gentleman is missing is that the free trade agreement has still to be negotiated, and what is causing damage to businesses in his constituency and elsewhere is reflected in the comments of people such as Lord Rose, a leader of the remain campaign who now recognises that what is damaging to business is the ongoing uncertainty. We need to bring that uncertainty to an end, and the hon. Gentleman’s continued refusal to vote for a deal—while opposing no deal—is prolonging the uncertainty and damaging the interests of businesses in his constituency.

[Eddie Hughes (Walsall North) (Con)]

Mr Speaker, I do not know whether you stayed tuned to “The Andrew Marr Show” after watching “Match of the Day” yesterday morning, but if you did, you would have heard my right hon. Friend the Member for Esher and Walton (Dominic Raab) say that Parliament cannot “muzzle” the Prime Minister. If he does not want an extension, he should be at liberty to tell the EU that. Does the Brexit Secretary agree?

[Stephen Barclay]

I very much agree. I do not think the Prime Minister’s view will come as a surprise to colleagues in Europe, as he has been clear from day one that he wanted a deal, despite many voices in this House suggesting otherwise, and that it is in the country’s interests to leave on 31 October. That remains his commitment, and it is exactly what the Government are committed to doing.

[Mr Speaker]

I think the hon. Gentleman was referring to a show at 9’o’clock on Sunday morning. I do periodically watch that programme—it is not top of my list of priorities, but occasionally I will observe it—but I am bound to say that it was a rather greater priority yesterday morning at 9 o’clock to be playing tennis.

[Peter Grant (Glenrothes) (SNP)]

As well as the unsigned letter that the Prime Minister refused even to grace with his name, he sent another letter, signed in his own name, saying, in effect, “Dear Donald, please ignore the first letter I’ve sent you. I sent it only to comply with an Act of Parliament.” If the purpose of that second letter was not to deliberately attempt to frustrate an Act of this Parliament, what on earth was the second letter for?

[Stephen Barclay]

As I have said in response to several questions, the Prime Minister is entitled to express his view, and that should not come as a surprise to the hon. Gentleman. The Prime Minister has complied with the law, and leading legal figures such as Lord Pannick accept that he has done so. In addition, he has set out his view, as he is entitled to do.

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I had not planned on speaking, but I just wanted to make a clear point that “Match of the Day” trumps anything else as far as I am concerned every time. Will my right hon. Friend explain something to me? It finally appears to be the Opposition’s position, although I am never clear whether that will change next week, that they want to have a second referendum. Will he explain what anybody could say to the British public when they say, “We didn’t trust you last time. Now you have to trust us that we will trust you again on a second referendum.” How could they possibly believe or trust British politicians again?

[Mr Speaker]

I must tell the right hon. Member for Chingford and Woodford Green (Mr Duncan Smith) that he shares that penchant with the late and great Anthony Crosland, who greatly enjoyed watching “Match of the Day”. He would often have colleagues around the dinner table in his home and they would be discussing political matters, but moments before “Match of the Day”, Crosland would make it very clear that all further political discussion must cease as he proposed to watch the programme. He would usually don a bobble hat while doing so.

[Stephen Barclay]

Perhaps we could have a similar tradition for the remaining duration of the rugby world cup, to which many Members from across the House would enjoy applying that maxim. My right hon. Friend is absolutely correct on the Opposition’s position. I appreciate that they have moved a lot and frequently, but if I take the position set out on Sunday by the shadow Brexit Secretary, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), it clearly was for a second referendum. That is odd, given that they do not trust the people with the first referendum. The question that the Leader of the Opposition is not answering and needs to answer is: how long does he expect the primary legislation to take? How long does he expect the question testing from the Electoral Commission to take? How long does he expect the operational preparations to take? How long does he expect the regulated campaign period to be for? If his position is to have a second referendum, we need answers to those questions, because he risks leaving this Parliament in paralysis because he is not answering how long he wants to delay Brexit for.

[Martin Whitfield (East Lothian) (Lab)]

Just to clarify the Secretary of State’s earlier statement about the Bank of England, the bank was, of course, comparing the current withdrawal agreement with a no-deal Brexit, rather than with the current economy. Will the Secretary of State answer my young constituents and say whether he has ever sent a letter that he has not had the courtesy to sign?

[Stephen Barclay]

As I think is the case with all MPs, there have been occasions when I have, for example, dictated letters to my parliamentary office, and they have been sent out as dictated and signed on my behalf.

[Jonathan Edwards (Carmarthen East and Dinefwr) (PC)]

When you mentioned your activities at 9 o’clock yesterday morning, Mr Speaker, I was rather hoping that you would say that the pressing engagement was a famous Welsh rugby victory in the quarter final of the world cup. It was slightly fortunate, but a famous victory none the less.

When it comes to the more complicated matter of the future trade relations, every single member state of the European Union, including some constituent parts, such as Wallonia in Belgium, will have to endorse the final free trade agreement. The withdrawal agreement and the political declaration make no mention of the British Government’s having to seek the consent of the Senedd in Cardiff or, indeed, of the Scottish Parliament. Why, as things stand, will Wallonia, a constituent part of the Belgian state, have more influence over the future FTA with the EU than Wales and Scotland will have?

[Stephen Barclay]

The hon. Gentleman raises an important point about how we engage with the devolved Assemblies as we take forward the negotiations. It is a fair point and one we are keen to address. I recognise that there have been concerns, particularly in respect of the first phase, about the effectiveness of the Joint Ministerial Committee discussions. One thing that I changed in my own Department was to ask officials to engage at official level much more. The Chancellor of the Duchy of Lancaster has spoken to the Scottish and Welsh Governments in the past day or so, and the Minister of State in my Department went up to Edinburgh for meetings, but the hon. Gentleman raises a fair point on which I am keen to work with him.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

On Saturday, Parliament voted by acclamation to pass the motion on the withdrawal agreement as amended. Will the Secretary of State confirm that when the withdrawal agreement Bill comes before the House for its various stages, the Government will respect it if the House decides to amend the Bill in certain different ways? We previously saw a Government commitment to respect the indicative votes; if we see a majority emerge in the House for amendments to the Bill, will the Government respect that?

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[Stephen Barclay]

The hon. Gentleman will get an opportunity to see the withdrawal agreement Bill once the two urgent questions are finished. On amendments, he will be aware that the scope of the Bill is quite wide, but what amendments are selected will always be for the Chair—the Speaker or, indeed, the Chairman of Ways and Means.

[Geraint Davies (Swansea West) (Lab/Co-op)]

The Secretary of State pretends that the Government are unable to make economic forecasts on a new Brexit deal, on the basis that things may change in the Commission or in the world economic environment, but of course the Treasury consistently makes forecasts on what the size of the economy would be relative to what it would be if we stayed in the EU versus various scenarios, so what he says is clearly false. The projection is that there would be a reduction in the size of our economy of approximately 5%. When will the Treasury and the Government come forward with a detailed analysis of how much poorer the poorest will be, how much more corporation tax businesses will have to pay when they face a huge burden of red tape, how the public accounts will be affected and what the impact will be? That way, people will be able to judge what is on the plate, having ordered it from the menu, and then vote again in a people’s vote, so that they get what they ordered from the menu rather than the Secretary of State’s garbage.

[Stephen Barclay]

I was just pointing out an economic reality. One can set out, as the Treasury frequently does, broad landing zones, but forecasts are inherently difficult because there are so many variables that shape what happens. To say with absolute certainty where things will be in 2033, which is where the forecasts would be trying to determine a precise landing zone, is open to a significant challenge. When the Treasury presented the cross-Whitehall analysis last November, we saw such challenge not only from Government Members; it was also there in the sort of questions that the hon. Gentleman and other Opposition Members were asking.