PARLIAMENTARY DEBATE
EU Exit Negotiations - 17 October 2017 (Commons/Commons Chamber)
Debate Detail
While the negotiations have been tough at times, both Michel Barnier and I have acknowledged the new dynamic created by the Prime Minister’s speech in Florence. That momentum was maintained during October, and both negotiating teams have continued to work constructively together. Since June, we have steadily developed our shared political objectives. Nevertheless, there is still some way to go to secure our new partnership, but I am confident that we are on the right path.
I will now take the House through each of the negotiating issues in turn. On citizens’ rights, we have made further progress towards giving British citizens in the EU, and EU27 citizens in the UK, the greatest possible legal certainty about the future. Our legal orders will be distinct and different in the future. Last week, we explored how we will ensure that the rights we agree now will be enforced in a fair and equivalent way. We also explored ways in which we can fully implement the withdrawal treaty into UK law, giving confidence to European citizens living in the UK that they will be able to directly enforce their rights, as set out in the agreement, in UK courts.
The two sides also discussed ways of ensuring the consistent interpretation of our agreement. Although we have not yet arrived at single model to achieve that, we have explored a number of options. We should also not lose sight of the fact that we have made significant progress in that area since June. We have reached agreement on the criteria for residence rights, the right to work and to own a business, social security rights, rights for current family members, reciprocal healthcare rights, the rights of frontier workers, and the fact that the process for securing settled status in the UK will be streamlined and low cost. However, there are of course still some issues outstanding for both sides, including the rights: to continue to enjoy the recognition of professional qualifications; to vote in local elections; to onward movement as a UK citizen already resident in the EU27 and to return; to bring in future family members; and to export a range of benefits. In many of those areas, it is a straightforward statement of fact that our proposals go further and provide more certainty than those of the Commission, but both sides are trying to find pragmatic solutions. In the fourth round, we offered the guaranteed right of return for settled citizens in the UK in exchange for onward movement rights for British citizens currently living in the EU. We look forward to hearing the Commission’s response to that offer.
I recognise that there has been some concern regarding the new system that European citizens will have to use to gain settled status in the UK. While there will be a registration process, I confirmed last week that the administration process will be completely new, streamlined and, importantly, low cost. Furthermore, any EU citizen in the UK already in possession of a permanent residence card will be able to exchange it for settled status in a simple way and will not need to go through the full application process again. The tests associated with the process will be agreed and set out in the withdrawal agreement. As a result of our productive discussions, the Commission is also able to offer in return similar guarantees to British citizens in the EU. Those clarifications from both sides have helped to build further confidence.
This round also saw further detailed discussions on Northern Ireland and Ireland. In a significant step forward, we have developed joint principles on the continuation of the common travel area and associated rights. The joint principles will fully preserve the rights of UK and Irish nationals to live, work and study across these islands. They will also protect the associated rights to public services and social security. To provide legal certainty, the principles recognise that the withdrawal agreement should formally acknowledge that the UK and Ireland will continue to be able to uphold and develop bilateral arrangements.
Our teams have also mapped out areas of co-operation that function on a north-south basis, and we have started the detailed work to ensure that that continues once the UK has left the EU. We also agreed a set of critical guiding principles to protect the Belfast or Good Friday agreement in all its dimensions, and we are working on the necessary steps to make that a reality. Throughout the process, we have reaffirmed our commitment to the rights of the people of Northern Ireland to choose to be British or Irish, or both. I have set out before our shared determination to tackle the unique circumstances of Northern Ireland by focusing on creative solutions, and we have begun to do so. But we cannot fully resolve the issues without also addressing our future relationship. As the Prime Minister said in her statement to the House last week:
“We owe it to the people of Northern Ireland—and indeed to everyone on the island of Ireland—to get this right.”—[Official Report, 9 October 2017; Vol. 629, c. 43.]
On the financial settlement, discussions continued in the spirit fostered by the Prime Minister’s significant statements in her Florence speech. The Prime Minister reassured our European partners that they will not need to pay more or receive less over the remainder of the current budget plan as a result of our decision to leave. She reiterated that the UK will honour the commitments we have made during the period of our membership. Off the back of that, we agreed in the September round to undertake a rigorous examination of the technical detail on which we needed to reach a shared view. That work has continued. It has not been a process of agreeing specific commitments—we have been clear that that can come only later—but it is an important step, so that we will be able to reach a political agreement when the time comes.
Finally, on separation issues, we have continued to work through the detail on a range of issues, particularly areas relating purely to our withdrawal, such as nuclear safeguards, civil judicial co-operation, and privileges and immunities. While we have made good progress, the remaining issues are dependent on discussions about our future partnership. We are ready and well prepared to start those discussions.
Our aim remains to provide as much certainty as possible to businesses and citizens on both sides. I have made no secret of the fact that to fully provide that certainty we must be able to talk about the future. We all must recognise that we are reaching the limits of what we can achieve without considering our future relationship. The Prime Minister’s speech in Florence set out the scale of our ambition for the new partnership with the European Union. She also laid out our case for a simple, clear and time-limited period of implementation on current terms. At the European Council later this week, I hope the leaders of the EU27 will recognise the progress made and provide Michel Barnier with the mandate to build on the momentum and spirit of co-operation we now have. Doing so will be the best way of allowing us to achieve our joint objectives and move towards a deal that works for both the UK and the EU.
There has been much discussion of what will constitute sufficient progress. Let me be clear that sufficient progress, and the sequencing of negotiations, has always been a construct of the EU, not the UK. Negotiations require both parties not just to engage constructively, but to develop their positions in advance. For the UK’s part, I have always been clear that we will be conducting these negotiations in a constructive and responsible way. We have been entirely reasonable. The work of our teams and the substantial progress that we have made over recent months proves that we are doing just that, and we are ready to move these negotiations on. I commend this statement to the House.
No one should underestimate the seriousness of the situation in which we find ourselves. At the first hurdle, the Government have failed to hit a very important target, which leaves EU citizens in the UK and UK citizens in Europe in a continued state of uncertainty. There is insufficient progress on Northern Ireland, and it appears that the deadlock on the financial settlement is such that both sides are barely talking.
The Secretary of State says he is confident that we are now on the right track. I cannot fault him for his confidence in his own negotiating ambitions. The problem is that most of those ambitions have failed to materialise. One ambition was that the sequencing of talks would be the row of the summer and that he would not agree, but he agreed by coffee time on day one. His suggestion that sequencing and the concept of sufficient progress are EU constructs leaves out the fact that he agreed to them and signed up.
The Prime Minister and the Secretary of State were right to go to Brussels last night. Obviously, I would like to claim that was in response to the letter I wrote to the Secretary of State last Thursday, but even I recognise that would probably be over-claiming for my letter. Because of the seriousness of the situation, both sides—I include the EU—need to do whatever they can to break the impasse by Friday. More flexibility is needed on both sides by Friday.
I hear what the Secretary of State says about the Florence speech, which was an important speech, but he would be on stronger ground if what the Prime Minister said in Florence had not been immediately undermined by the self-interested antics of some Cabinet members. I also hear what the Secretary of State says about the statement of intent last night to accelerate the process. Given the glacial speed so far, it is not exactly a high ambition—a car going from 2 miles per hour to 4 miles per hour is accelerating, but it is still going slowly.
If we want investment in our economy to continue, and if we want businesses to stay here and others to come, we need to start talking about transitional arrangements now. Those transitional arrangements need to be on the same basic terms as now—in the single market and within a customs union. Every passing week without progress on transitional arrangements makes things worse for businesses, not better. We need to make progress this week, before December.
We also need to drop the nonsense about no deal. Only fantasists and fanatics talk up no deal. No deal is not good for the UK, is not good for the EU and is not what the Secretary of State wants, but he must now realise that the slow progress of these talks raises the risk of no deal.
We need the Secretary of State to answer these critical questions from the Dispatch Box today. What does he intend to do between now and Friday to deliver on the commitment to accelerate the talks? What words does he want to hear on Friday to evidence that progress? How confident is he, on a scale of one to 10, that he will hear those words? And what does he intend to do if he fails?
The simple truth is that there has been extremely productive activity in these negotiating rounds. Mr Barnier is going to the European Council on Friday to present his case, which I hope will argue for more progress both on transition and on the future relationship, but it is for him to make that persuasive case on the day. I know from my own visits across Europe, and Mr Barnier will also know this, that a large number of the 27 member states want to do the same.
The right hon. and learned Gentleman talks about talking up no deal. I cannot think of a time, a day, a moment when I have talked up no deal. We are in the middle of a negotiation, and we want to negotiate in good order and with good faith on both sides, but if we do not prepare for all outcomes, we will leave ourselves exposed to an impossible negotiation. We saw that again this weekend when he and the shadow Chancellor said, “Oh, we’ll pay in perpetuity for access to the single market. We’ll pay whatever it takes. £100 billion. £200 billion. Whatever it takes.”
The simple truth of the matter is that the right hon. and learned Gentleman carps and carps, but he has no options of his own.
About a year ago, the Prime Minister said that we cannot expect a running commentary, but in truth we would not have to run very fast to keep up with the negotiations. The right hon. and learned Member for Holborn and St Pancras (Keir Starmer) has already commented in similar terms to the BBC’s Laura Kuenssberg, but he might have added that, before pressing the accelerator, we should check whether we are heading towards or away from a cliff edge.
We have seen one humiliation after another for this Government. They tried to drive a wedge between the Commission and the 27 sovereign states from which it takes its mandate and authority, so will the Secretary of State assure us that the Government will stop playing these games and accept the Commission’s mandate, rather than attempting to undermine it and thereby undermine their own position? He claims that the UK is being reasonable, but is it reasonable to go in with red lines already firmly dug into the sand before the negotiations have even started? That does not look too reasonable to me.
The Secretary of State assures us that he has never talked up no deal, but he has not talked it down, either. Other influential voices in his party talk up no deal all the time. The Prime Minister still has not withdrawn her claim that no deal is better than a bad deal. Rather than just not talking up no deal, will the Secretary of State absolutely rule out no deal today as the worst of all possible deals?
Finally, on the rights of EU nationals living here, I had a distressing meeting last week with representatives of the Fife Migrants Forum. They told me of their first-hand experience of immensely talented, hard-working young people who have made Fife their home but who are now making plans to head back to Poland, Slovakia or wherever else, not because they do not like living in Scotland but because they do not think the United Kingdom will make them welcome. Will the Secretary of State commit to guaranteeing in law the rights of those citizens, rather than continuing to use them as negotiating capital?
To pick up the hon. Gentleman’s last point, about his Polish constituents, let me say that we also go to those Governments to explain precisely what we have on offer. There have been times in the past few months when the European institutions have not reflected what we intended to do. For example, in a perfectly legitimate and reasonable mistake, Guy Verhofstadt said that we were not going to give European citizens the right to vote in local elections. That was not true, so we corrected it directly with the Governments.
As for no deal, the issue is straightforward: we are intending, setting out and straining every sinew to get a deal. That will be the best outcome, but for two reasons we need to prepare for all the other alternatives. The first is that it is a negotiation with many people and it could go wrong, so we have to be ready for that. The second is that in a negotiation you always have to have the right to walk away: if you do not, you get a terrible deal.
“we cannot fully resolve the issues without also addressing our future relationship”.
He is obviously right in saying that, but is it not also the case that it is impossible to address the future relationship if talks do not take place? Will he therefore resist the siren voices who are tempting him to say that if there is no progress this week, we should get up and walk away? If we get up and walk away, we will never solve the issues that he talked about in his statement.
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