Legislating for the Withdrawal Agreement

Suella Braverman Excerpts

Monday 10th September 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for Exiting the European Union (Suella Braverman)]

I beg to move,

That this House has considered legislating for the withdrawal agreement.

It is a great pleasure to open this debate. The Government published the White Paper on legislating for the withdrawal agreement in July, and the Secretary of State made a statement subsequently. Over the summer, we have made further progress in the negotiations, and the vast majority of the withdrawal agreement has now been agreed. Progress has been made across a range of outstanding separation issues. At the same time, we continue to work on backstop arrangements to deal with issues relating to the border between Northern Ireland and Ireland. Let me reiterate: it is unacceptable for a customs border to be drawn along the Irish sea, as that would be a direct threat to the territorial integrity of this country.

[Chris Bryant (Rhondda) (Lab)]

On borders, can the Minister enlighten us? What passport queues will British citizens arriving in France, Germany and Spain next year use—EU ones or non-EU ones—and what passport queues will EU citizens use coming into the UK?

[Suella Braverman]

As the hon. Gentleman will hear in my speech, we are proposing an implementation period from March 2019 until the end of 2020 under which our immigration and customs rules will continue to operate broadly as they do now. I hope that that satisfies him.

[Chris Bryant]

rose—

[Suella Braverman]

I will make some progress, and if the hon. Gentleman still has outstanding questions, he can raise them with me later.

The House will be aware that the Government have also taken steps to prepare for the unlikely event of being unable to reach a deal with the EU and have published a series of technical notices to inform people, businesses and stakeholders of the steps they would need to take in this event. We do not want a no deal outcome; the Government’s priority is to achieve a deal with the EU, and I remain confident that a deal that the House can support is within our reach. That is what I am here to discuss today.

[Helen Goodman (Bishop Auckland) (Lab)]

The Minister says that the Government have published notices. Last week, the Secretary of State for Exiting the European Union told us in this House that the medicine notices covered stockpiling. I looked at them and could see no reference to stockpiling. In which notice is the stockpiling of medicines set out?

[Suella Braverman]

I gently remind the hon. Lady that no deal planning and the technical notices are not the subject of this debate. We are here to talk about the contents of the White Paper published before the recess, which covers the implementation period, the proposals for EU citizens and the financial settlement. That is what I am here to talk about, and I ask her gently to keep to the subject of the debate.

[Several hon. Members rose—]

[Suella Braverman]

I am going to proceed.

The EU withdrawal agreement Bill is a vital part of our exit. Its purpose is simple: to implement the agreement we reach with the EU in domestic law. It is the means by which we will protect the rights of EU citizens in this country, pay the negotiated financial settlement and enter into an implementation period that is strictly time limited to prepare for the future relationship. If Parliament votes in favour of the deal, we will introduce the withdrawal agreement Bill to give the withdrawal agreement domestic legal effect.

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

The Minister has asked us to focus on the subject of the debate, and she has just mentioned the supposed deal to be put to Parliament. Can she explain how on earth that deal will proceed, given that 80, supposedly, of her own colleagues—including members of her own European Research Group, such as her former ministerial colleague, the hon. Member for Wycombe (Mr Baker), and others—have said that they will vote against it? Is not the reality that the Prime Minister’s Chequers deal is dead, that we are heading for a disastrous no deal and that that is exactly why we need a people’s vote on the deal?

[Suella Braverman]

I disagree with the hon. Gentleman about a second referendum—it would be a complete betrayal of the voters, because we had that exercise and it was two years ago—and I am optimistic that we will strike a mutually beneficial free trade agreement with the EU that honours the result of the referendum, retains the territorial integrity of our country and enables a smooth withdrawal from the EU.

[Several hon. Members rose—]

[Suella Braverman]

I will make some progress and then come back to hon. Members.

If Parliament votes in favour of the deal, we will introduce the withdrawal agreement Bill to give the withdrawal agreement domestic legal effect. Any parliamentarian who is truly committed to delivering the people’s decision to leave the EU will, I believe, find cause to vote in favour of the Bill. The final content of the Bill will, of course, be subject to the outcome of the ongoing negotiations. We intend to introduce it as soon as possible after the negotiations have concluded and the deal has been approved by Parliament.

The Bill will need to be given Royal Assent before exit day if it is to give effect to the withdrawal agreement. It is precisely because this window of passage is constrained that we have published the White Paper. We want to maximise Parliament’s ability to express its views on the Bill, and that includes the period before its introduction.

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

Would the Bill need to be passed completely unamended? If an amendment were passed, would the British Government have to go back and renegotiate with the European Union?

[Suella Braverman]

The Bill will be introduced after Parliament has approved the terms of the final deal with the “meaningful vote”. In that context, the Bill will have a normal passage, like all other legislation. Of course, the views of parliamentarians will be welcome. The Bill can be amended, voted on and scrutinised in the normal way, but it will always be set in the context of Parliament’s approval of the final deal, which includes approval of the withdrawal agreement. Members will, I know, have taken the time over the summer recess to review this substantial document at greater length. Views and questions will have matured and crystallised, and I am therefore delighted to return to the topic today and listen to those views.

The Government’s objective in publishing the White Paper was to set out how we intend to legislate for the parts of the withdrawal agreement that have already been settled in negotiations: those relating to citizens’ rights, the implementation period and the financial settlement.

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

My hon. Friend has just referred to what has been agreed so far. Am I right in understanding that nothing is agreed until everything is agreed and that that remains an important principle?

[Suella Braverman]

My hon. Friend is absolutely right: nothing is agreed until everything is agreed. When I say that we have reached agreement with the EU on those sections—citizens’ rights, implementation and the financial settlement—I am talking about the legal text of the withdrawal agreement, which is in the form of a draft international treaty. Members will be familiar with the screeds of text that have been shaded in green. Progress has been made since the March European Council, which indicates agreement on the legal text and substance between the EU and the UK.

It would not have been appropriate for the White Paper to attempt to cover the parts of the withdrawal agreement on which negotiations have yet to be concluded. We will seek to keep Parliament informed as we make further progress, but let me make it clear that the withdrawal agreement Bill will be the primary means by which we give effect to the agreement, including any backstop arrangements for Northern Ireland and Ireland.

[John Redwood (Wokingham) (Con)]

Does the Minister agree that to help these very difficult negotiations with the EU, which does not like the Chequers proposals, it would be an extremely good idea, as a matter of urgency, to publish our tariff schedules for no deal, so that the EU can see what it would look like and so that those of us who want import substitution will know that they have a better opportunity?

[Suella Braverman]

I share my right hon. Friend’s passion for the prospect of our country’s leaving the EU and our prospects outside the EU, and he has considerable expertise on this issue. I hope that he will be heartened by the technical notices that have been published over the summer, which take a step forward in setting out how our preparations are evolving in relation to that aspect of a no deal outcome.

The Government are committed to working with the devolved Administrations to ensure that the Bill works for all parts of the UK. The Joint Ministerial Committee on EU negotiations has already discussed proposals for the Bill, and I look forward to continued engagement in the run-up to the Bill’s introduction and throughout its passage. Engagement has been constructive and positive, and we expect and intend that to continue.

We have also begun engagement with organisations and individuals on the Bill over the summer. I have held roundtables with academics, legal practitioners and civil society organisations, and I look forward to further engagement with a range of representative bodies this week. We will continue to work closely with all interested stakeholders to make sure that we get the legislation right, and I look forward to further hearing the views of Members tomorrow.

Let me now turn to the detail of the White Paper. Part 2 of the withdrawal agreement and chapter 2 of the White Paper set out the arrangements for EU citizens living in the UK and for UK nationals residing in the EU. A key step in the provision of a smooth and orderly exit from the EU is the provision of certainty for those individuals and their families. That is why reaching an agreement on citizens’ rights was the UK’s first priority in negotiating its withdrawal.

[Marsha De Cordova (Battersea) (Lab)]

If no withdrawal agreement is reached, there will be no protection of citizens’ rights. Does the Minister agree that she should take the lead from Labour and remove citizens’ rights from the negotiations and instead make sure these rights will be protected regardless of the final withdrawal decision?

[Suella Braverman]

For this Government to take Labour’s lead on anything to do with Brexit would be a serious derogation of our duty, because Labour does not have a plan and would completely let down this country if it was in charge of Brexit negotiations.

We have prioritised the position of EU citizens from day one of these negotiations. This agreement will safeguard these rights, and the withdrawal agreement will be the primary means by which the rights of EU citizens will be underpinned in the UK. Once enshrined in UK law, this agreement will give certainty to citizens on residency, access to healthcare, pensions and other benefits, so that EU citizens will continue to be able to live their lives broadly as they do today. Our message to EU citizens is clear: “We value you; we thank you for your contribution to our country, and we want you to stay.”

Central to the citizens’ rights agreement is the right for EU citizens to continue living in this country: EU citizens lawfully residing in the UK at the end of the implementation period will be able to stay, and I welcome the fact that, since the publication of the White Paper, the EU settlement scheme is now being piloted in the north-west of England. This is an important step in delivering certainty to individuals and their families currently living in the country.

The Bill will ensure that EU citizens can rely on the rights set out in the withdrawal agreement and can enforce them in UK courts. It will also establish an independent monitoring authority to oversee the UK’s implementation of the citizens’ rights deal, thereby providing further reassurance for citizens that their rights will be protected.

[Thangam Debbonaire (Bristol West) (Lab)]

The Minister seems to be saying that everything is certain and everything is sorted out and EU citizens should be reassured. Why then do EU citizens living in my constituency tell me that they do not feel so reassured? Could it possibly be the case that the Minister’s engagements over the summer did not include meeting EU citizens living in this country?

[Suella Braverman]

Of course I am saddened to hear that, but I do feel that the Government have put this on the record, made it very clear and carried out extensive outreach with diaspora groups and EU citizens’ representative bodies and have worked with our opposite numbers on the continent to ensure that both citizens residing in the EU and those in the UK affected by this are aware of their situations and what their rights are going forward.

The Bill, and the resulting piece of UK law, will cover only the arrangements applying to EU citizens in the UK; it is for the EU and its member states to implement these arrangements as they relate to UK nationals living in the EU. But let me reassure the House and the 800,000 UK nationals who have chosen to make their lives in other EU countries that both the UK Government and the Commission are clear that providing certainty for citizens is a priority. Once fully agreed, the withdrawal agreement will become part of EU law, and the reciprocal commitments and safeguards we have agreed with the EU regarding UK nationals will be upheld through legislation in member states.

[Stephen Kerr (Stirling) (Con)]

Does the Minister share my hope and expectation that responsible Members would take every opportunity to reassure EU citizens living in our constituencies that there is a secure future for them living and working in this country?

[Suella Braverman]

My hon. Friend is absolutely right. The Prime Minister herself has said, “We value your contribution; we thank you for your presence in this country; and we want you to stay,” and I am not quite sure which part of that Opposition Members fail to understand.

Under the withdrawal agreement, any administrative procedures introduced for UK nationals are required to be smooth, transparent and simple, to avoid unnecessary administrative burdens. The Government are working closely with the European Commission and individual member states to confirm the processes that will be in place. We will also be running an information campaign to let UK nationals know of any changes—for example, in how they should access services—and I would recommend that all UK nationals resident in the EU sign up for exit-related updates on gov.uk. They can also find a country-specific living-in guide for their member state of residence.

I should like to turn now to the implementation period. The Government are committed to providing certainty—

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

I am grateful to the Minister for giving way before she goes on to her next paragraph. I want to ask a question about family rights. Quite rightly, EU citizens have asked, “If my mother is very ill, could she come to the United Kingdom to be looked after?” Can the Minister give us clarification on the question of elderly parents who wish to join their children here in the UK who are currently EU citizens?

--- Later in debate ---

[Suella Braverman]

I encourage the hon. Lady to read the contents of the White Paper, which sets out in extensive detail the exhaustive and wide-ranging provisions covering EU citizens. Any Member who has constituents who are worried or anxious should please direct them to that document. It is agreed with the EU, and it sets out the basis of the immigration status and people’s access to benefits, pensions and healthcare. It should go far in reassuring constituents such as the hon. Lady’s that EU citizens who are currently in this country have the right to stay under the provisions that are agreed and set out clearly in plain English in this document.

[Stephen Doughty]

I want to ask the Minister a specific question. She talks about the assurances that have been given and why so many people are worried. There are 3.5 million EU citizens in the UK, not including any other family members. The Home Office has told the Home Affairs Committee that the app for registering will be available only on Android and will not be available for iPhones, which half the people in this country use, and that the biometric permits, which are already seriously delayed in the Home Office, are being printed on the same printers that the DVLA uses and are miles behind. How on earth can EU citizens have any confidence, when the Government have not made even the basic practical provisions for registering and for ensuring that those people can get their documentation?

[Suella Braverman]

That is precisely why the Home Office is leading a pilot of the settlement scheme in the north-west as we speak, to identify what is working for people and what is not. So far, that is proving to be successful and showing that there is a good uptake of the scheme, but of course it is still in its pilot stage. The Home Office is very much in dialogue with the people who are directly affected, to ensure that we iron out the scheme and make it as simple, as user-friendly and as easy to use as possible.

[Hilary Benn (Leeds Central) (Lab)]

One of the questions that the 1.2 million British people living in the EU are asking is what their entitlement will be to continuing medical care in the other member states in the event of there being no deal. What answer can the Minister give them?

[Suella Braverman]

We are working towards a mutually beneficial agreement. The terms of the withdrawal agreement are mutual, so they will apply equally to EU citizens in the UK and to UK citizens in the EU. In the event of no deal, we would make strenuous efforts to reassure the position of UK citizens in the EU so that they would be able to enjoy the rights that they enjoy today, but we would definitely have to work hard to agree that with individual member states in the EU.

I would now like to turn to the implementation period. The Government are committed to providing certainty and stability to businesses as part of a smooth and orderly exit, and we have been clear that they should only have to plan for one set of changes as the UK moves to the future relationship with our European partners. That is why we have agreed a strictly time-limited—

[Sir William Cash (Stone) (Con)]

In the context of the exchanges that we had in the European Scrutiny Committee last Wednesday with the Secretary of State, can the Minister throw some light on how people will know, when there are changes to the rulebook, what those changes are going to be? What certainty will that provide, when in practice those changes will be decided by 27 other member states behind closed doors and without even so much as a transcript?

[Suella Braverman]

My hon. Friend raises an important point. He will know as well as I do that Council directives and regulations that will come into effect in the UK during the implementation period are currently going through the scrutiny process in the EU, so we will have played a part in the development of many of those rules that might come into effect—

[Sir William Cash]

rose—

[Suella Braverman]

If I may finish my point, I will then give way. For rules where we feel that there may be an adverse effect or on which we have not had sufficient say, we are committed to enabling parliamentary scrutiny, and we are looking forward to discussing those options with Members.

[Sir William Cash]

My hon. Friend has just conceded that there will be a joint committee. She did not specifically say that, but that is how things will work in practice. I am talking about changes to the rulebook. If the 27 member states decide something and we accept it by way of international obligation, I do not see how we can prevent it. The parliamentary lock will simply be a farce.

[Suella Braverman]

When it comes to the implementation period, the withdrawal agreement, in its draft treaty form, contains agreed provisions on a joint committee. That committee could be a forum for resolving the issue to which my hon. Friend alludes. I hope that that provides some reassurance that there is an element of governance that commands some confidence and legitimacy in this process.

Significantly, from March 2019 and during the implementation period, the UK will not be a member state of the European Union. As a result, for the first time in 40 years, we will have the freedom we need to strike new trade deals with global partners—a freedom that builds on our long and proud history as a great trading nation and a champion of free trade with all parts of the world. Important work is already under way to maximise such opportunities. In July, the Department for International Trade launched consultations to inform the Government’s approach to trading with the US, Australia, New Zealand and potentially to seeking accession to the comprehensive and progressive agreement for the Trans-Pacific Partnership. I am excited that those opportunities for the UK are drawing ever closer.

To give effect to the implementation period in domestic law, the withdrawal agreement Bill must ensure that EU law continues to have the same effect in the UK as it does now for the duration of the implementation period. The House will be aware that the current mechanism by which EU law is brought into UK law is the European Communities Act 1972, which will be repealed on 29 March 2019 when we leave the EU as prescribed in the European Union (Withdrawal) Act 2018—a vital step in our exit. The Bill will require a strictly time-limited transitional provision so that the legal effect of the ECA is saved until 31 December 2020, at which point the implementation period will end. That will reflect the UK’s unique status as a country that has left the EU but which, for a strictly time-limited period, will continue to apply EU law as it does now, to the benefit of citizens and businesses.

[Jo Swinson (East Dunbartonshire) (LD)]

The Minister is talking about an implementation period, but is that not a misnomer? It is far from clear what we will actually be implementing. She is going to ask Parliament to sign off on a process when there is no detail of what our future trading relationship with the EU or anyone else is going to look like and when we will be giving up our negotiating power within the EU. Is it not just a step into the unknown?

[Suella Braverman]

I am disappointed that the hon. Lady is not here to welcome the implementation period, which has been welcomed by many businesses not only in her constituency, but throughout the UK, because it provides time and certainty. It is part of the withdrawal agreement, which is part of the final deal package, which is intricately linked to the future framework on the economic partnership. Together, they will be put to Parliament for the meaningful vote.

[Rachel Maclean (Redditch) (Con)]

Does the Minister agree that 90% of future global growth will come from countries outside Europe? Will she therefore clarify that we will be able to start to benefit from that potential growth by signing trade deals during the implementation period?

[Suella Braverman]

I welcome my hon. Friend’s optimism. She is absolutely right. During the implementation period, the UK will be able for the first time in 40 years to design and develop its own independent trade policy, with the freedom to sign, negotiate and ratify trade deals with countries outside the EU. That is an important benefit precisely because, as she says, 90% of global growth will come from outside the EU, and we need to maximise that for our businesses and our citizens.

The provisions in the Bill in no way diminish the importance of the EU (Withdrawal) Act, which colleagues on both sides of the House worked so hard to scrutinise. That Act remains vital to the exit process, and any changes made to it by the withdrawal agreement Bill will not change its purpose. It was not appropriate for the EU (Withdrawal) Act to account for an implementation period, as the Act needed to be passed without prejudice to negotiations to ensure a functioning statute book on exit day. Now that we have secured agreement on the implementation period, we must ensure it is given proper domestic legal effect, which includes deferring the point at which some of the Act takes effect.

The negotiated financial settlement covering the UK’s financial commitments to the EU and the EU’s financial commitments to the UK provides predictability to current recipients of EU funding, including farmers, businesses and academics, with the UK continuing to get receipts due under the current EU budget plan. This is an issue of great importance to the House. We are a country that honours its international obligations, but it is important to recognise that the financial settlement was reached on the basis of both sides’ commitment to reaching a deal. If one side fails to live up to its commitments, there will be consequences for the deal as a whole, which includes the financial settlement.

The withdrawal agreement Bill will include a standing service provision that allows the Government to make payments due under the financial settlement. Although the amounts to be paid will vary and are a function of the terms of the settlement, the Bill will only allow payments to meet the financial commitments required by the withdrawal agreement. Parliament will want to monitor those payments, and it will be important to ensure that the payment mechanism balances the Government’s legal responsibility to pay the financial settlement with Parliament’s duty to scrutinise.

[Tom Brake (Carshalton and Wallington) (LD)]

On the question of the financial settlement, does the Minister agree that it would be more honest for the Government, at the same time, to set out what the UK’s financial exposure to the European Union will be after the transition period? People would then be able to assess whether this actually represents value for money.

[Suella Braverman]

Characteristically, the right hon. Gentleman seeks to focus on the negatives and on the pessimistic view of Brexit for which he is well known. I do not sign up to his view of Brexit; I am very optimistic about the opportunities and the benefits that this country will stand to gain after we leave the EU and after the implementation period. I encourage him to put his pessimism aside and to get behind British businesses, to get behind British exporters and to get behind Britain.

[Chris Bryant]

Will the Minister get behind me? We are almost running out of time.

[Suella Braverman]

All right.

[Chris Bryant]

The Minister has just suggested that we might not end up paying the bill that has already been agreed, because nothing is agreed until everything is agreed. That therefore means there is no guarantee that there will be a transition period from next year. It also means that the Government must surely have some idea about which passport controls British citizens will use in Europe and which passport controls European citizens will use here. If not, they are completely irresponsible.

[Suella Braverman]

I admire the hon. Gentleman’s doggedness and his interest in passport queues. That information will be made public and will be set out by the Government in due course.

When it comes to the agreement, of course both sides are entering into an international treaty. Under customary international law, and under the convention that regulates international treaties, both parties will be bound by the duties to which they sign up. If one party fails to adhere to its obligations, the other party will have legal freedom to take appropriate countermeasures, which is what the UK retains in this international treaty negotiation. Both sides are committed to agreeing the framework of the future relationship alongside the withdrawal agreement, but it is our firm view that the withdrawal agreement itself must include a commitment requiring the framework for the future relationship to be translated into legal text as soon as possible. I am pleased that is now something we are taking forward in the negotiations, and the Secretary of State for Exiting the European Union has raised this issue personally with Mr Barnier.

I hope that I have made it clear today that the withdrawal agreement Bill is vital in delivering our exit from the EU. It will protect the rights of individuals and families, give effect to the time-limited implementation period, ensuring continuity and certainty for businesses, and provide the appropriate means for paying the financial settlement.

[Ian Murray (Edinburgh South) (Lab)]

In the trade section of her speech, the Minister talked as though the UK were completely excluded from world trade today, but in fact we are right at the heart of it through 65 bilateral trade deals between the EU and the rest of the world. Can the Minister tell us how many of those the UK will be involved in when we have left the European Union?

[Suella Braverman]

If the hon. Gentleman studies the legal text of the withdrawal agreement, he will see that we have agreed with the EU that its international trade agreements will continue to apply to the UK during the implementation period as though we were a member state. The reason that I am so passionate and optimistic about Brexit and proudly campaigned to leave the EU is that, once we leave the customs union and the constraints of the common commercial policy and the common external tariff, it will be for this Parliament and our country to determine the future of our global trade and build on our rich and prosperous history in that regard. I encourage the hon. Gentleman to support that opportunity.

We are committed to getting this right, and I am confident that Members in all parts of the House will be able to support the Government in delivering the next step in leaving the European Union.