PARLIAMENTARY DEBATE
Brexit Negotiations and No Deal Contingency Planning - 4 September 2018 (Commons/Commons Chamber)
Debate Detail
On Friday, I was in Brussels for the fourth time since I became Secretary of State for a further round of talks with Michel Barnier. We had an extended discussion covering outstanding withdrawal issues, internal and external security and our future economic partnership. We have injected some additional pace and intensity into the negotiations as we reach the final phases. The vast majority of the withdrawal agreement has been agreed. When signed, the agreement will safeguard the rights of EU citizens in the UK and UK nationals in the EU, so they can continue to live their lives broadly as they do now; provide for a time-limited implementation period, giving businesses and citizens the certainty they deserve until we reach the new partnership; and allow for the UK to make an orderly and smooth transition as we move towards a future deep and special partnership with the EU. During August, we made further progress across a range of the outstanding separation issues, including protection of data and information, the treatment of ongoing police and judicial co-operation in criminal matters, and ongoing Union judicial and administrative procedures after exit. So the scope and the contours of the withdrawal agreement are now clear, subject to some further technical detail that we will of course continue to work on.
At the same time, we continue to work to complete a backstop to deal with the position of Northern Ireland and Ireland, as we committed to do in the December joint report with the EU. As the Government have made clear, the EU proposals are unacceptable, because they would create a customs border down the Irish sea. We are determined to reach a solution that protects the Belfast agreement and avoids a hard border on the island of Ireland. We will not permit a customs border down the Irish sea, which would put at risk the constitutional and economic integrity of the United Kingdom. And, of course, this can be done without compromising the EU’s core principles. Importantly, we look to meet our commitments to the people of Northern Ireland through our future partnership, so that no backstop would ever need to come into effect.
The White Paper we published in July has served as the basis for constructive discussions on our future relationship with the EU. I, my right hon. Friend the Prime Minister and other Cabinet colleagues have made visits across Europe, explaining our proposals and making the case for what we have put forward for our future relationship. I can tell the House that since the publication of the White Paper, Ministers have had more than 60 ministerial engagements with their counterparts across Europe. I met the French Europe Minister in Paris recently, and saw the Swedish Europe Minister and the Irish Foreign Minister in London. I also met Guy Verhofstadt, the European Parliament’s Brexit co-ordinator, last week. We have received a wide range of positive and constructive feedback.
Equally, just as we have presented our proposals in a spirit of compromise, so, too, they have proved challenging in some respects for some in the EU. But our friends across Europe are engaging seriously with our proposals on the substance. As my right hon. Friend the Prime Minister set out, we are committed to delivering on the vision in the White Paper and delivering a future relationship that will see the United Kingdom leave the single market and the customs union, an end to freedom of movement so the UK controls its own borders, the end of the jurisdiction of the European Court, and the UK and the EU meeting their shared commitments to Northern Ireland and Ireland in the way that I have already described.
At the same time, we want to build up the foundations of a bright, strong and enduring new relationship for the future, with frictionless trade across our borders; continued close co-operation on law enforcement and other security matters; the UK free to develop its own independent trade policy; and broader UK-EU co-operation, from research to student exchanges, in many of the areas that we prize on both sides. We approach these talks with ambition, pragmatism and energy. If our EU friends match us, we will strike a deal that is in the clear and overwhelming interests of both sides.
I would also like to update the House on steps the Government have taken over the summer to prepare for the unlikely event that we do not reach a deal with the EU. While we expect to reach a deal with the EU, while it remains the most likely outcome and while it remains our top and, indeed, our overriding priority, as a responsible Government we have a duty to prepare for any eventuality. So on 23 August, we published 25 technical notices intended to inform people, businesses and stakeholders about steps they need to take in the event of a no deal scenario. They build on the steady and patient work that has taken place over the past two years to prepare this country for life outside the EU, irrespective of the outcome of the negotiations. That work has included passing key bits of legislation to ensure a smooth Brexit, including the European Union (Withdrawal) Act 2018; recruiting the staff in Whitehall and our operational agencies so we have the teams in place; and preparing our institutional capacity, from the Competition and Markets Authority to the Information Commissioner’s Office.
The technical notices continue that same responsible, practical approach to preparing our country for Brexit. Among the technical notices, there is advice for businesses on some of the new processes they would be expected to follow when moving goods between the EU and the UK in a no deal scenario. Our technical notice on workplace rights sets out how workers in the UK will continue to be entitled to the rights they have under UK law. We have set out how, in the event of no deal, we would recognise the testing and safety approvals of existing medicines if they have been carried out by an EU member state regulator, to minimise any disruption to the supplies of medicines or medical devices from the EU.
Those notices are proportionate and measured, and they prioritise stability for our citizens, businesses, public bodies and NGOs. The 25 notices published in August were the first in a series of updates that we will be publishing over the coming weeks to keep stakeholders informed about what action, if any, they need to take.
Our approach acknowledges that there are some risks to a no deal scenario and demonstrates that we are taking action to avoid, minimise and mitigate those potential risks, so that we are equipped to manage any short-term disruption. While it is not what we want, a no deal scenario would bring some countervailing opportunities. We would be able to lower tariffs and negotiate and bring into effect new free trade deals straightaway. There would be the immediate recovery of full legislative and regulatory control, including over immigration policy, and, while we are mindful of our legal obligations, a swifter end to our financial contributions to the EU.
I will continue to meet regularly with Michel Barnier, confident that a deal is within our grasp if the ambition and pragmatism that we have shown are matched by our EU friends. But this House and the British people can rest assured that the UK will be ready for Brexit, deal or no deal, and prepared, whatever the outcome, so that this country goes from strength to strength. I commend this statement to the House.
I appreciate that the Secretary of State has to put a brave face on it, but there is no hiding the fact that the Government are in a real fix. There are two parts to that fix. The first is the reckless red lines set out by the Prime Minister two years ago, tearing us out of the customs union and single market with no European Court jurisdiction, which meant that a deal that safeguards our economy and avoids a hard border in Northern Ireland simply cannot be negotiated. The second part of the fix is the Chequers fudge, cobbled together nearly two years later. It satisfies no one and is being attacked from all quarters. It is obvious that something is going to have to give. The only question being asked up and down the country is, what is going to give?
Time is running out. The October summit is on 18 to 19 October. That is 44 days away. When the Secretary of State last updated the House in July, he said:
“Our expectation is to reach agreement in October.”—[Official Report, 24 July 2018; Vol. 645, c. 891.]
I note that he has not repeated that today. Can he account for that change? The reality, of course, is that no one now seriously expects the deal to be agreed by then, hence the talk of a special summit in November. The trouble with that is that even November only buys four extra weeks. It is impossible to see how the Chequers proposal could lead to a deal that would command a majority in Parliament in that time. Meanwhile, the confidence of businesses and working people in the Government’s ability to reach a deal sinks by the day.
Hence what we have seen is a summer of debate about no deal. There have been two sides to that debate. On one side is the Secretary of State talking up what he calls the “countervailing opportunities” of no deal—something he repeats today—and the Prime Minister saying that no deal would not be “the end of the world”, which is an interesting but hardly inspiring description. On the other hand, we have the Chancellor warning that there will be “large fiscal consequences” of no deal and the recently appointed Foreign Secretary saying it would be a
“mistake we would regret for generations”.
May I gently say to the Secretary of State that all his talk of no deal is not kidding anyone? Being told that we only need to stockpile medicines for six weeks and that there are no plans yet to deploy the Army to maintain food supplies has not reassured anyone.
There are obviously huge gaps in the Secretary of State’s no deal strategy, and there is no better example than Northern Ireland. I want to dwell on this for a moment, because once again the Secretary of State’s statement identifies the problem but offers no solution. The anxiety on both sides of the Irish border about the risk of no deal and the failure to agree a legally binding backstop is real. It is not a myth; it is shared by all communities. I have spoken to the Chief Constable of the Police Service of Northern Ireland, and I know how seriously he is taking this. For the former Foreign Secretary to say that this issue has been manipulated by the Irish and UK Governments is completely and, I am afraid to say, typically irresponsible, and I invite the Secretary of State to take this opportunity to dissociate himself from those remarks.
The technical notices that the Secretary of State mentioned—issued two weeks ago—are themselves revealing. When it comes to no deal and Northern Ireland, they say simply this:
“we stand ready to engage constructively”.
That is not a plan for no deal. The truth is that the Government have no idea how they will mitigate the impact of no deal when it comes to Northern Ireland. That is just not good enough. In December last year, the Government signed up to a solemn commitment to a backstop agreement in Northern Ireland. This House is entitled to know this afternoon how, in six weeks, the Secretary of State actually intends to keep that commitment.
The Brexit negotiations are in serious trouble. It appears from the Secretary of State’s statement that the Government’s strategy is simply to plough on regardless, to pretend everything is going to plan and to hope that, somehow, the dynamics of the negotiation and the arithmetic in this House will magically change. That is incredibly irresponsible. It will reassure no one. The Secretary of State is likely to face significant challenge from all sides this afternoon, and he knows it.
The Government must change course and put forward a credible plan that can break this impasse—one that can command the support of the House, protect jobs and the economy, and avoid a hard border in Northern Ireland. The Government have six weeks to get this right. More of the same will not do.
The right hon. and learned Gentleman has asked me at various points to comment on the newspaper commentary throughout the summer. Actually, I have been focused on the negotiation and getting the best deal for Britain.
On the negotiations themselves, may I just reassure the right hon. and learned Gentleman that progress is real on data sharing, criminal justice co-operation, passenger name record and Prüm data, and continuing fast-track extradition co-operation, which Michel Barnier and I talked about on Friday? Those are the areas one might think a former Director of Public Prosecutions would attach serious weight to, but there was not one mention of them at all.
On the outstanding separation issues, including data protection and cases going through administrative and judicial procedures when we leave, I would have thought that the right hon. and learned Gentleman might at least have paused to welcome some of the progress in those areas.
That is what the Government have been doing over the summer: making progress towards a deal that is within our sights. As for the right hon. and learned Gentleman, well, last week he said that Labour’s position is that a second referendum is “on the table”. I have to say that it is rare that I agree with the shadow Trade Secretary, who said that a second referendum would be “damaging” to the foundations of this country, but I think, in democratic terms, he is right about that.
I am afraid that that shows how frankly useless the Labour party would be, if it were ever in charge of Government, in terms of standing up for the United Kingdom in these negotiations. Nothing could be calibrated to weaken the UK’s negotiating position more than dangling the prospect of a second referendum, which would only invite the very worst terms.
On the technical notices, we are doing the responsible thing that any responsible Government would need to do: striving for the very best deal but preparing for all outcomes. The right hon. and learned Gentleman has not actually asked me a single question of substance about any one of the 25 notices that we have published.
In relation to Northern Ireland, he clearly has not read the technical notices, because they were referred to at various points where they are applicable and relevant to the individual sectoral notices. Again, I am afraid that the Labour party is demonstrating that it is not fit to govern. We have the leader of the Labour party admitting in an interview on LBC that he would accept any deal, however bad its terms, and the shadow Chancellor explaining that he would not set aside any money to deal with the worst-case scenario of a no deal Brexit. Yet again, I am afraid that the Labour party has shown that it would roll over in Brussels and fail to stand up for this country.
The Secretary of State’s statement runs to eight pages—1,297 words in the version received in advance—and yet certainly the first half of it tells us nothing, or next to nothing, that is new. There is a lot of repetition of the old mantras and the old wildly confident assertions, with little or no evidence to back any of them up. On citizens’ rights, there is nothing new; on Northern Ireland, there is nothing new; and on customs, there is nothing new, apart from the fact that Michel Barnier thinks that the customs element of the Chequers proposal is illegal and unworkable. The Prime Minister, in her pragmatic, constructive and helpful way, has said that the proposal is completely non-negotiable, so they can find common ground on that.
I assume that the positive and constructive feedback that the Secretary of State has received over the past few weeks does not include that from the plethora of former Ministers and former Secretaries of State, including the Prime Minister’s first choice for his job, who have been enthusiastically tweeting away with the hashtag #ChuckChequers. I would suggest that, before the Secretary of State starts to criticise Labour on its lack of unity on Brexit, it might help—although maybe he will not want to do this—if he cast a look behind him.
What analysis have the Government done of the costs to businesses, schools, colleges, universities and everyone else of taking the steps the Secretary of State is now advising us to take to prepare for a no deal Brexit? When will the Government publish their backstop to the Northern Ireland and Irish border question, which was promised nine months ago? Will the Secretary of State confirm that recognising and respecting Ireland’s sovereign decision to remain a full and integral part of the European Union means recognising that Ireland must and will respect EU legislation about the enforcement of its external border, whether it is deal or no deal?
Finally, instead of continuing to set unilateral, non-negotiable red lines, as happened before the negotiations had even started, will the Government finally accept that they got it wrong and that continued membership of the single market and the customs union will not only break the logjam in the negotiations and deliver the Brexit that the Vote Leave campaign promised people they would get if they voted to leave, but help to save at least some of the hundreds of thousands of jobs on these islands that are threatened by an ideologically driven hard Brexit?
In relation to my statement, the hon. Gentleman said that nothing had changed. I hope that tomorrow he will refer to Hansard and look at the areas of progress that I have described, because they are significant. They were described by me and Michel Barnier in Friday’s press conference and include the outstanding separation issues, some of which I accept are technical, such as the data protection regime and the administrative and judicial procedures, but we have made significant progress in those areas and we are making significant progress every week. If Members look at Michel Barnier’s comments —forget my own—in relation to data sharing, PNR, Prüm and Galileo, they will see that we have made progress in all those areas. I do not think it is quite right for the hon. Gentleman to suggest that nothing has changed. We make progress every week and a deal is within our sights.
“We are preparing to offer Britain a partnership such as there has never been with any other third country”.
The right hon. Gentleman is certainly right to raise those points when they are pushed back, but this is a negotiation. We continue to explain our proposals to Michel Barnier and to the other member states, and we are confident that we will make progress.
The fact is that there are people in this House, the European Union and the Irish Republic who are using the issue of the Irish border—and, more despicably, the Irish peace process and political process—either to thwart Brexit or to mould it in their own way. The reality is that this House would never accept any kind of backstop that created regulatory or other differences between Northern Ireland and the rest of the United Kingdom because that would constitutionally break up the United Kingdom. Will the Secretary of State reassure the House that he will stick to that going forward?
“not be pushed into accepting compromises on the Chequers proposals that are not in our national interest”.
Are we to infer from that that the Government are prepared to consider compromise on the Chequers proposals? If so, what sort of proposals does my right hon. Friend consider would be in the national interest?
As for Michel Barnier’s comments, on Friday he publicly reported good progress on the outstanding separation issues. On law enforcement co-operation, he said that
“we now have the elements to build a close and effective relationship between the European Union and the United Kingdom”.
On external security, he described
“a large convergence of views on… future cooperation”.
On support from member states, Angela Merkel said on 10 July that we have made good progress and that it is a good thing we have these proposals on the table. The Irish Taoiseach said:
“The Chequers statement is welcome. I believe it can input into the talks on the future relationship.”
We have also had the statements I described from the Latvian Foreign Minister, the Danish Finance Minister and the Polish Foreign Minister.
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