PARLIAMENTARY DEBATE
UK/EU Future Economic Partnership - 5 March 2018 (Commons/Commons Chamber)
Debate Detail
In December, we agreed the key elements of our departure from the EU, and we are turning that agreement into draft legal text. We have made clear our concerns about the first draft that the Commission published last week, but no one should doubt our commitment to the entirety of the joint report. We are close to agreement on the terms of a time-limited implementation period to give Governments, businesses and citizens on both sides time to prepare for our new relationship, and I am confident that we can resolve our remaining differences in the days ahead. Now we must focus on our future relationship: a new relationship that respects the result of the referendum, provides an enduring solution, protects people’s jobs and security, is consistent with the kind of country that we want to be, and strengthens our union of nations and people. Those are the five tests for the deal that we will negotiate.
There are also some hard facts for both sides. First, we are leaving the single market. [Interruption.] In certain ways, our access to each other’s markets will be less than it is now. We need to strike a new balance. However, we will not accept the rights of Canada and the obligations of Norway.
Secondly, even after we have left, EU law and ECJ decisions will continue to affect us. The European Court of Justice determines whether agreements that the EU has struck are legal under the EU’s own law. If, as part of our future partnership, Parliament passes a law that is identical to an EU law, it may make sense for our courts to look at the appropriate ECJ judgments so that we both interpret those laws consistently—[Interruption] —as they do for the appropriate jurisprudence of other countries’ courts. However, the agreement that we reach must respect the sovereignty of both our legal orders. That means that the jurisdiction of the European Court of Justice in the United Kingdom will end. It also means that the ultimate arbiter of disputes about our future partnership cannot be the court of either party.
Thirdly, if we want good access to each other’s markets, it has to be on fair terms. As with any trade agreement, we must accept the need for binding commitments, so we may choose to commit some areas of our regulations, such as state aid and competition, to remaining in step with the EU’s.
Finally, we must resolve the tensions between some of our objectives. We want the freedom to negotiate trade agreements around the world. We want control of our laws. We also want as frictionless a border as possible with the EU, so that we do not damage the integrated supply chains on which our industries depend, and do not have—[Interruption.]
There are five foundations that must underpin our trading relationship: first, reciprocal binding commitments to ensure fair and open competition, so that UK business can compete fairly in EU markets and vice versa; secondly, an independent arbitration mechanism; thirdly, an ongoing dialogue with the EU, including between regulators; fourthly, an arrangement for data protection that goes beyond an adequacy agreement; and, fifthly, free movement will come to an end. But UK and EU citizens will still want to work and study in each other’s countries, and we are open to discussions about how to maintain the links between our people.
We then need to tailor this partnership to the needs of our economies, and we should be absolutely clear this is not cherry-picking. Every free trade agreement has varying market access depending on the respective interests of the countries involved. So if this is cherry-picking, then so is every trade arrangement. What matters is that our rights and obligations are held in balance.
On goods, a fundamental principle in our negotiating strategy is that trade at the UK-EU border is as frictionless as possible, with no hard border between Northern Ireland and Ireland. This means no tariffs or quotas, and ensuring that products only need to undergo one series of approvals in one country. To achieve this, we will need a comprehensive system of mutual recognition. That can be delivered through a commitment to ensure that the relevant UK regulatory standards remain as high as the EU’s, which, in practice, means that UK and EU regulatory standards will remain substantially similar in future. Our default is that UK law may not necessarily be identical to EU law, but it should achieve the same outcomes. In some cases, Parliament might choose to pass an identical law. If the Parliament of the day decided not to achieve the same outcomes as EU law, it would be in the knowledge that there may be consequences for our market access. And we will need an independent mechanism to oversee these arrangements, which I have been clear cannot be the European Court of Justice.
We also want to explore the terms on which the UK could remain part of EU agencies, such as those critical to the chemicals, medicines and aerospace industries. That would mean abiding by the rules of those agencies and making an appropriate financial contribution, and the UK would also have to respect the remit of the ECJ in that regard. Parliament could decide not to accept these rules, but with consequences for our membership and linked market access rights.
Lastly, to achieve as frictionless a border as possible and to avoid a hard border between Northern Ireland and Ireland, we also need an agreement on customs. The UK has been clear it is leaving the customs union. The EU has also formed a customs union with some other countries, but those arrangements, if applied to the UK, would mean the EU setting the UK’s external tariffs, being able to let other countries sell more into the UK, without making it any easier for us to sell more to them, or the UK signing up to the common commercial policy.
That would not be compatible with a meaningful independent trade policy, and it would mean we had less control than we have now over our trade in the world, so we have set out two potential options for our customs arrangement: a customs partnership where, at the border, the UK would mirror the EU’s requirements for imports from the rest of the world for those goods arriving in the UK and intended for the EU, or a highly streamlined customs arrangement, where we would jointly implement a range of measures to minimise frictions, together with specific provisions for Northern Ireland. Both would leave the UK free to determine its own tariffs, which would not be possible in a customs union.
Taken together, the approach we have set out on goods and agencies, and the options for a customs arrangement, provide the basis for a good solution to the very specific challenges for Northern Ireland and Ireland. My commitment to this could not be stronger: we will not go back to a hard border between Northern Ireland and Ireland; nor will we break up the United Kingdom’s own common market with a border down the Irish sea. As Prime Minister, I am not going to let our departure from the EU do anything to set back the historic progress made in Northern Ireland; nor will I allow anything that would damage the integrity of our precious Union. The UK and Irish Governments and the European Commission will be working together to ensure we fulfil these commitments.
That approach to trade in goods is important for agriculture, food and drink, but here other considerations apply. We are leaving the common agricultural policy and the common fisheries policy, and will want to take the opportunity to reform our agriculture and fisheries management and regain control of access to our waters. I fully expect that our standards will remain at least as high as the EU’s, but it will be particularly important to secure flexibility here to make the most of our withdrawal from the EU for our farmers and exporters. We will also want to continue to work together to manage shared stocks in a sustainable way, and agree reciprocal access to waters and a fairer allocation of fishing opportunities for the UK fishing industry.
On services, we have the opportunity to break new ground with a broader agreement than ever before. For example, broadcasting and financial services have never previously been meaningfully covered in a free trade agreement. We recognise that we cannot have the rights of membership of the single market, such as the country of origin principle or passporting, but we should explore creative options, including mutual recognition, to allow broadcasting across borders. My right hon. Friend the Chancellor will set out more detail on financial services later this week. We will also look to agree an appropriate labour mobility framework that enables travel to provide services in person, as well as continued mutual recognition of professional qualifications. Finally, our partnership will need to cover agreements in other areas, including energy, transport, digital, civil judicial co-operation, a far-reaching science and innovation pact, and cultural and educational programmes.
We cannot escape the complexity of the task ahead. We must build a new and lasting relationship, while preparing for every scenario, but with pragmatism, and calm and patient discussion, I am confident we can set an example to the world. Yes, there will be ups and downs over the months ahead, but we will not be buffeted by the demands to talk tough or threaten a walk out, and we will not give in to the counsels of despair that this simply cannot be done—for this is in both the UK and EU’s interests. As we go forwards, foremost in my mind is the pledge I made on my first day as Prime Minister: to act not in the interests of the privileged few, but in the interests of all our people, and to make Britain a country that works for everyone. My message to our friends in Europe is clear. You asked us to set out what we want in more detail. We have done that. We have shown we understand your principles. We have a shared interest in getting this right, so let us get on with it. I commend this statement to the House.
The Prime Minister’s speech on Friday promised to unite the nation, yet it barely papered over the cracks in her own party. Even her own Minister for the Cabinet Office said that it was only “an ambitious opening bid”, so who knows where we will end up? The European Union published a detailed legal document last Wednesday; despite the criticisms rightly made from across the House, where is anything comparable in detail and focus from the UK Government? The reality is that the speech failed to deliver any clear and credible solution to the problems we face. This Government’s shambolic approach to Brexit risks taking us down a dangerous road. This Government’s reckless strategy is putting our jobs and manufacturing industries at risk.
The Prime Minister’s only clear priority seems to be to tie the UK permanently to EU rules that have been used to enforce privatisation and block support for industry. [Interruption.] The Prime Minister now seems to be saying that we will lose some access to European markets and that Britain will be worse off. [Interruption.]
Does the Prime Minister now agree that the Brexit Secretary was wrong when he told the House of Commons in January last year that a Tory Brexit deal will deliver the “exact same benefits” as the single market and the customs union? If so, why has it taken her so long to say so?
In her speech, the Prime Minister said that she wants “good access”. Can she make it clear today whether that means tariff-free access? The Prime Minister said that she wants a “customs arrangement”, but does that cover all sectors of industry or just some? Which will be excluded, and with what consequences in terms of tariffs and other barriers? Does the Prime Minister still think that a good trade deal can easily be reached with the Trump presidency after its unilateral imposition of tariffs on steel and aluminium imports, which follows its disgraceful attack on Bombardier?
It is possible to retain the benefits of the single market and the customs union. The problem is that we have a Prime Minister who is being held hostage by the extremes in her Cabinet who are willing to sacrifice parts of British business and industry and willing to risk a hard border in Northern Ireland to carry on with their ideological crusade to shrink the state, slash investment and bring about an economic race to the bottom.
The Prime Minister said in her speech that, in areas like workers’ rights and the environment,
“we will not engage in a race to the bottom in the standards and protections…There is no…political constituency in the UK which would support this”.
That simply is not true. In the recent past, we have seen the Secretary of State for International Trade write:
“It is intellectually unsustainable to believe that workplace rights should remain untouchable”.
The Leader of the House has said:
“I envisage there being…no regulation whatsoever—no minimum wage, no maternity or paternity rights, no…dismissal rights, no pension rights”.—[Official Report, 10 May 2012; Vol. 545, c. 209.]
The Foreign Secretary has described EU-derived employment legislation as “back-breaking”, and in its leaked assessments, the exit analysis from the Department for Exiting the European Union stated that there could be opportunities for the UK in deregulating in areas such as the environment and employment law. There clearly is a political constituency that supports a race to the bottom on workplace rights: it is called the Cabinet.
On the crucial issue of Northern Ireland, the Prime Minister offered no real solution. Instead, she rehashed an already discredited Government idea to use a mix of technology and good will to ensure no hard border—an idea that the Brexit Secretary has already conceded is mere “blue-sky thinking”. Does the Prime Minister not understand that this is not just about cross-border paperwork and trade? There is also the issue of maintaining the social peace that has endured for 20 years. Will she condemn the ridiculous remarks made by the Foreign Secretary last week, when he not only compared the Irish border to that of Camden and Islington, but wrote her a letter saying it was not the British Government’s responsibility to prevent a hard border?
There are some things we do welcome in the Prime Minister’s statement—[Interruption.] I knew Members would be pleased. For one, it is clear that she has now abandoned her ridiculous red line regarding any role for the European Court of Justice, which opens the door to her welcome adoption of Labour’s position of the UK remaining a key part of the European Union agencies that are of benefit to this country.
As I set out last week, Labour’s priority is to get the best Brexit deal for jobs and living standards to underpin our plans to upgrade the economy and invest in every region and every community in this country. The Conservative Government’s reckless austerity is damaging our country, and the increasing sense of drift over Brexit risks increasing that damage. Now the Prime Minister admits that her Brexit plan will reduce our access to European markets and leave people worse off. We have had 20 months of promises, soundbites and confusion. However people feel about Brexit, it is clear to them that this Government are nowhere near delivering a good deal for Britain.
The right hon. Gentleman talks about workers’ rights and other standards. We have been very clear: this Government are not just maintaining workers’ rights, but enhancing them; and we are committed to maintaining high environmental standards. He asked whether we want a deal that was tariff-free. I gave him the statement in advance, so if he had read it, he would know that I referred to tariff-free access in my statement. He talks about ideological crusades, and I have to say that only person in this House—[Interruption.] Well, not the only person, because the shadow Chancellor is also on an ideological crusade.
There is a fundamental flaw at the heart of what the Leader of the Opposition has chosen as his approach towards the European Union and the post-Brexit relationship. He talks about free trade agreements with the European Union, yet he is clear that he would go against one of the key elements of ensuring that we could have such trade deals, notably the issue around state aid. He would tear up rules on state aid and fair competition, as he does not believe in fair competition—that is perfectly clear.
At the very beginning of the right hon. Gentleman’s remarks, he asked about the withdrawal agreement—the draft legal text on the withdrawal agreement that was published by the European Union last week—and he referred to my speech last Friday as if it was about the same thing. I have to tell him that it was not, actually, so may I just explain? There are three issues and three elements of the process at the moment. We are negotiating the final arrangements for the implementation period, which we hope will be agreed in March—we certainly intend that they will be. Alongside that, we are looking at the legal text of the withdrawal agreement—Michel Barnier has made it clear that, on his timetable, we would be looking at October for that—and we now want to start negotiations on the future economic partnership and the future security partnership.
The right hon. Gentleman talks about the European Court of Justice. The jurisdiction of the Court in the United Kingdom will end. We will bring back control of our laws to this Parliament—to this country—unlike the Labour party’s position, which is to remain in the single market and, in effect, remain under the jurisdiction of the ECJ. We will also take control of our borders, unlike the Labour party’s position—[Interruption.] Well, Labour Members do not seem to know what their position is. The Leader of the Opposition said that the Labour party would bring free movement to an end, but at the same time the shadow Brexit Secretary said that “easy movement” would continue. We know that Labour Members would not bring back control of money, because they have said that they would pay whatever it takes to the European Union regardless.
The right hon. Gentleman talks about delays. This Government are focusing on making a success of Brexit and on delivering for the British people, but Labour has nothing to offer. Labour voted against moving on the negotiations in the European Parliament. Labour Members twice voted against the Bill that delivers Brexit in this Parliament; now they have gone back on what they promised on the customs union; and over a week ago the shadow Chancellor said that Labour would keep “all options open” on whether or not to have a second referendum. This Government and this party are clear: there will be no second referendum. We are delivering for the British people, and we are going to make a success of it.
It is now over 18 months since the referendum. At a time when the United Kingdom should be putting the finishing touches to its negotiating position, this Government are still struggling to find paper on which to write down their wish list. It was nothing short of a humiliation for the Government last week that when the EU presented a draft legal text for withdrawal, the Prime Minister gave a speech expounding empty rhetoric one more time.
No single market and no customs union mean that there is no solution that would prevent a hard border in Ireland. The Government’s own analysis has revealed that growth would be hit by up to 9% in such an extreme scenario. Scottish Government analysis revealed that Scots could face a loss of £2,300 per person each year, with our GDP around £12.7 billion lower by 2030. That is the reality of the Government’s plans.
Last month, as the Prime Minister gathered with her Cabinet at Chequers, there was one glaring absence. Where was the Secretary of State for Scotland? Scotland’s voice was not heard at those crucial Cabinet discussions. There has been a flagrant disregard by this Government of the nations that make up the United Kingdom. The Scottish Secretary might not have been invited to Chequers, but rest assured that Members on these Benches will be in this Chamber, speaking up for Scotland at every opportunity—[Interruption.]
We will settle for nothing less than continued membership of the single market and customs union. Scotland voted to stay in the EU. We cannot—we will not—be ripped out of the single market and customs union against our will. We will defend the jobs that the Prime Minister is prepared to trade away. We in Scotland must determine our own destiny. We are a European nation and we intend to stay one. Will the Prime Minister finally recognise that staying in the single market and the customs union is the least damaging outcome for jobs and prosperity?
The right hon. Gentleman talks about timing. Like the Leader of the Opposition, he appears to have misunderstood the fact that the European Union set out at the beginning that there would be different phases to this negotiation. I was always straight with the House that I believed that citizens’ rights should be in the first phase. They were; we agreed that in December. Many people, including possibly the right hon. Gentleman—I cannot remember—were sceptical about whether we would get that deal. We did get that deal, and now we move on to the second phase of the negotiations.
May I say to the right hon. Gentleman that, yet again, he has tunnel vision on there being only one approach to take on a single market and a customs union? We will ensure that we get trade with the European Union that is tariff-free and as frictionless as possible; that there is no hard border between Northern Ireland and Ireland; and that this country will be able to run an independent trade policy, negotiating trade deals around the rest of the world.
Finally, the right hon. Gentleman talks about Scotland as an independent nation taking decisions. Yet again, I remind him that, from the point of view of Scotland’s economy, the most important thing is to be part of the United Kingdom.
“maintaining a largely invisible border on the island of Ireland.”
Regardless of the means that she has in mind for achieving that, is she able today to give a guarantee to businesses in Northern Ireland and the Republic that their manufactured goods and agricultural products will be able to cross the border without checks, controls or infrastructure when we leave the European Union?
We will not return to a hard border between Northern Ireland and Ireland. We want that free flow of goods, services and people to be able to continue—of course we are committed to the common travel area—and we also want the free flow of goods, services and people between Northern Ireland and the rest of the United Kingdom. That is why we took the position that we did on the proposal that came forward last week from the European Commission. That would have meant a border down the Irish sea, which is unacceptable.
Does my right hon. Friend, having made such a generous offer to the European Union, expect more generosity than it has shown so far? I think particularly of the aggression in the draft legal text of suggesting a solution to the Irish problem that would have been in contradiction to the confidence and supply agreement with the Democratic Unionist party, threatening the existence of the Government. Does my right hon. Friend think that it is right for the European Commission to behave in such a high-handed fashion?
“the same benefits in terms of that free access to trade.”
Does she regret that?
“seem to ignore…the real nature of global trade today…Our businesses wishing to trade with China or the USA build new facilities there”.
They do not
“send goods halfway around the globe…We…want…to share in existing EU arrangements”.
Why does the Prime Minister not start listening to the CBI and the chambers of commerce?
Much as I love gardening, I do not grow cherries, but if I did, I would want to pick them, and if I had a surplus I would want to trade them, openly and fairly. Does the Prime Minister agree that we need a balance, supporting a wider range of sectors than other free trade agreements? Does she agree that that is in both our interests and that we must have fair and open competition for everyone?
May I thank my right hon. Friend for two things in particular? The first is her absolute upholding of the United Kingdom—our United Kingdom—and our internal trade within our United Kingdom. The second is her point about the frictionless border. In my area of the west midlands, that is incredibly important. We are manufacturing exporters, and we rely on “just in time” deliveries to enable us to export our fine products around the world.
The Prime Minister has said that alignment is possible in two ways, either by having the same rules or by having the same consequences flowing from different rules. Which of those two categories will the automotive sector fit into, given that so many jobs in the country depend on it, not least in my constituency?
“a comprehensive free trade agreement and a comprehensive customs agreement that will deliver the exact same benefits as we have”.—[Official Report, 24 January 2017; Vol. 620, c. 169.]
It is clear from the Prime Minister’s speech last week and her statement today that that promise has been broken, unless she has invented some kind of Schrödinger’s customs union that we can be in and out of at the same time. Why should anyone else in the world trust this Government to negotiate trade deals in good faith when this Parliament cannot even trust assurances made by her Secretary of State at the Dispatch Box?
“is offering Britain a worse ‘Open Skies’ deal”
than the one we currently have as an EU member. Is that not a precursor to the hundreds of deals that the UK will have to negotiate once we leave the EU?
“The two Parties have carried out a mapping exercise, which shows that North-South cooperation relies to a significant extent on a common European Union legal and policy framework.”
Will she commit to publishing that mapping exercise?
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