PARLIAMENTARY DEBATE
European Union (Withdrawal) Act - 12 March 2019 (Commons/Commons Chamber)
Debate Detail
That this House approves for the purposes of section 13(1)(b) of the European Union (Withdrawal) Act 2018 the following documents laid before the House on Monday 11 March 2019:
(1) the negotiated withdrawal agreement titled ‘Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community’;
(2) the framework for the future relationship titled ‘Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom’;
(3) the legally binding joint instrument titled ‘Instrument relating to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community’, which reduces the risk the UK could be deliberately held in the Northern Ireland backstop indefinitely and commits the UK and the EU to work to replace the backstop with alternative arrangements by December 2020;
(4) the unilateral declaration by the UK titled ‘Declaration by Her Majesty’s Government of the United Kingdom of Great Britain and Northern Ireland concerning the Northern Ireland Protocol’, setting out the sovereign action the UK would take to provide assurance that the backstop would only be applied temporarily; and
(5) the supplement to the framework for the future relationship titled ‘Joint Statement supplementing the Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom of Great Britain and Northern Ireland’, setting out commitments by the UK and the EU to expedite the negotiation and bringing into force of their future relationship.
It has been eight weeks since this House held the meaningful vote on the Brexit deal. On that day, Parliament sent a message: the deal needed to change. In response, the Government have worked hard to secure an improved deal that responds to the concerns of this House. I took the concerns of this House about the backstop to the EU and sat down with President Juncker and President Tusk. I spoke to every single EU leader, some on multiple occasions, to make clear to them what needed to change. My right hon. Friend the Secretary of State for Exiting the European Union worked tirelessly with his opposite number, Michel Barnier. My right hon. and learned Friend the Attorney General engaged in detailed legal discussion with his counterparts in the European Commission. The result of this work is the improved Brexit deal that is before the House today. I will go on to explain in detail what has improved about the deal since January and why I believe it deserves the support of every Member this evening.
First, I want to remind the House of the core elements of the deal on which these improvements build. The full reciprocal protection of the rights of EU citizens in the United Kingdom and of UK citizens elsewhere in the EU—delivered by the deal. The implementation period, which the hon. Member for North Down (Lady Hermon) has just referred to, to give everyone, especially businesses, the time to adjust and to eliminate a cliff edge when we leave—that implementation period is delivered by the deal. The full control over taxpayers’ money that comes from ending vast annual membership payments to the EU—delivered by the deal. The end of free movement and its replacement with a skills-based immigration system—delivered by the deal. The end of European Court of Justice jurisdiction in the UK, the end of the common agricultural policy for farmers, the end of the common fisheries policy for our coastal communities—all of these are delivered by the deal.
The closest possible economic relationship with our nearest neighbours outside the single market and the customs union, with our businesses able to trade freely and without any tariffs, quotas or rules of origin checks; protection for the just-in-time supply chains that provide the livelihoods of millions of families; the ability to strike our own free trade deals around the world—all delivered by the deal. The closest security partnership between the EU and any third country, so our police and security services can keep on keeping us safe in a world that contains many dangers—delivered by the deal.
By doing all of these things, the deal says and does something even more profound: it sends a message to the whole world about the sort of country the United Kingdom will be in the years and decades ahead. To our friends and allies who have long looked up to us as a beacon of pragmatism and decency, and to those who do not share our values and whose interests diverge from ours, it says this: the UK is a country that honours the democratic decisions taken by our people in referendums and in elections.
“the United Kingdom records its understanding that nothing in the Withdrawal Agreement would prevent it from instigating measures that could ultimately lead to disapplication of obligations”
in relation to the protocol.
We are a country where passionately held views do not stop us making compromises to achieve progress. We are a country that values both our national sovereignty and the unbreakable bonds of a shared history and an interdependent future that connect us to our friends and neighbours. A bad deal would be even worse than no deal, but best of all is a good deal, and this is a good deal.
Members acknowledged many of the benefits delivered by the deal, but none the less rejected it in January, so let me now set out what we have added to the deal on the table since the last vote. On the rights of EU citizens, we have waived the application fee, so that now there is no financial barrier for any EU nationals who wish to stay. As I have said before, they are our friends, our neighbours and our colleagues. They have added much to our country, and we want them to stay.
On the rights of workers and on environmental protections, assurances about the Government’s firm intentions were not enough, so we have committed to protecting those rights and standards in law. If the EU expands workers’ rights, we will debate those measures here in this Parliament, and this House will vote on whether we want to follow suit. This Parliament has already set world-leading standards, and after we leave the EU, we will continue to do so.
I know that, for many Members on this side of the House and also for the DUP, the biggest concern is about a more difficult issue that defies simple solution—the Northern Ireland backstop. It is a complex issue that reflects the complex history of these islands, and the long and difficult road that successive generations of British and Irish people have walked down to reach the peace and stability we have known for the last 20 years.
I have talked in detail about the backstop many times in speeches and statements in this House and in Northern Ireland. I have explained why an insurance policy to guarantee no hard border between Ireland and Northern Ireland is necessary. I know that there are a number of concerns about how it might operate—none greater than the fear that the EU might seek to trap us in it indefinitely.
Along with the Attorney General and the Brexit Secretary, I fought hard and explored every idea and avenue to address these concerns, including a time limit, a unilateral exit mechanism or the replacement of the backstop with alternative arrangements. However, the House knows how complex negotiations work and, ultimately, we have to practise the art of the possible, and I am certain that we have secured the very best changes that were available. As the hon. Member for North Down made clear earlier, it has been absolutely clear that this is the deal.
There are three elements to the improved deal on the backstop, and I want to go through all of those. The first is a joint instrument—not a further exchange of letters, but something with comparable legal weight to the withdrawal agreement. It provides a new, concrete, legally binding commitment that the EU cannot act with the intent of applying the backstop indefinitely. Doing so would breach the EU’s obligations under the withdrawal agreement and could be challenged through arbitration. Were the EU to be found in breach, the UK could ultimately choose to suspend the backstop altogether, with that suspension lasting unless and until the EU came into compliance with international law. In these circumstances, we could also take proportionate measures to suspend the payments of the financial settlement.
Just as important, the joint instrument gives a legal commitment that whatever replaces the backstop does not need to replicate it, providing it meets the underlying objectives of no hard border between Northern Ireland and Ireland.
Some colleagues were concerned that the political declaration says that the future relationship will build and improve on these arrangements. We now have a binding commitment that whatever replaces the backstop does not have to replicate them. The instrument also contains commitments on how the UK and the EU intend to deliver the alternative arrangements. Immediately after the ratification of the withdrawal agreement, we will establish a specific negotiating track on alternative arrangements to agree them before the end of December 2020.
The instrument also entrenches in legally binding form the commitments made in January’s exchange of letters between Presidents Tusk and Juncker and myself. These include the specific meaning of best endeavours, the need for negotiations to be taken forward urgently, the ability to provisionally apply any agreement, which reduces the risk of us ever going into the backstop, and a confirmation of the assurances made to the people of Northern Ireland.
I want to say a word about Gibraltar. The documents confirm the understanding reached between the UK and the EU on the interpretation of article 184 of the withdrawal agreement as regards the territorial scope of the future relationship. We will always stand behind British sovereignty for Gibraltar, and the UK Government negotiate for the whole UK family, including Gibraltar.
The second element we have negotiated is a UK-EU joint statement in relation to the political declaration.
The second element, the statement in relation to the political declaration, sets out a number of commitments to enhance and speed up the process of negotiating and bringing into force the future relationship. There is a new commitment that the negotiating track on alternative arrangements will consider not only existing facilitations and technologies, but also those emerging.
Thirdly, alongside the joint instrument on the withdrawal agreement, the United Kingdom Government will make a unilateral declaration relating to the temporary nature of the backstop. Such declarations are commonly used by states alongside the ratification of treaties. The declaration clarifies what the UK could do if it was not possible to conclude an agreement that superseded the protocol because the EU had acted contrary to its obligations. In those circumstances, the UK’s understanding is that nothing in the withdrawal agreement would prevent us from instigating measures that could ultimately lead to the disapplication of our obligations under the protocol. Were we to take such measures, the UK would remain in full compliance with its obligations under the Belfast-Good Friday agreement and to avoid a hard border on the island of Ireland.
There are considerable improvements on the deal the House considered eight weeks ago. In particular, there were three key issues raised by my hon. Friend the Member for Altrincham and Sale West (Sir Graham Brady). On the question of giving legal status to the assurances on the backstop, the joint instrument is a legally binding text at the same level as the withdrawal agreement, namely a treaty-level instrument. On alternative arrangements, we have an agreement that they will replace the backstop. This commitment is in the legal instrument, not just the political declaration. On the question of an end date, the core concern of colleagues was that we should not be trapped indefinitely in the backstop. The Attorney General has today changed his legal analysis to note that this risk has been reduced and that if the EU were to act in bad faith, short of its best endeavours, the backstop could be suspended or even terminated, and that this is a materially new legal commitment.
I know that some right hon. and hon. Members will still have concerns about the backstop, but real progress has been made. All of us should put out of our minds the idea that going round this again will get us any further forward. Responsible politics is about pragmatism, about balancing risk and reward. So Members across the House should ask themselves whether they want to make the perfect the enemy of the good.
First, the Government will legislate to give a restored Northern Ireland Assembly a vote on a cross-community basis on whether the backstop should be brought into force if there are delays in the trade talks. If Stormont does not support that, Ministers will be bound to seek an approach that would achieve cross-community support. That could, for example, be an extension of the implementation period. It has previously been the case that the understanding was that the choice would be between the backstop and the implementation period. The introduction of alternative arrangements, of course, brings another element into that, but there is that key commitment in relation to the Northern Ireland Assembly. If Stormont were to support an implementation period as the alternative, Ministers would be bound to seek an extension of the implementation period, assuming that that had achieved cross-community support.
Secondly, we will maintain the same regulatory standards across the United Kingdom for as long as the backstop is in force. This is a commitment that we have already made, but I can now tell the House that we will legislate to make this legally binding.
Thirdly, the Government will legislate to prohibit any expansion of north-south co-operation through the withdrawal agreement. That will remain a matter for the Northern Ireland Executive and Assembly in line with the Belfast agreement. At every stage of these negotiations, my determination has been to deliver a deal that works for every part of the United Kingdom, and that includes Northern Ireland.
Important though the backstop is, it was not the only concern that hon. Members had. Another was in regard to the political declaration, because, as the hon. Lady hinted at her in question, it provides for a spectrum of possible outcomes. Members asked how they could be confident about what sort of future relationship the Government would negotiate.
I am sure we can all learn lessons from how we approached this first phase of the negotiations as we move on to the second. For my part, I have no doubt that the Government do need to build a strong consensus in the House before we go on to negotiate the future relationship, not least to ensure that the process of ratification is smoother than that for the withdrawal agreement. That is why we have committed to giving a much stronger and clearer role for this House and for the other place during the next phase. It is not just about a consensus in Parliament, either; businesses, trade unions and civil society must all play a much bigger part, contributing their expertise in a collective, national effort to secure the very best future relationship with the EU. That new approach—
I set out to the House two weeks ago the specifics of what will happen if the deal is rejected tonight. We will first return tomorrow to consider whether the House supports leaving the European Union on 29 March without a withdrawal agreement and a framework for a future relationship. If the House votes against no deal, it will vote on whether to seek an extension of article 50.
I sincerely hope that the House does not put itself in that invidious position. We can avoid it by supporting what I profoundly believe is a good deal, and a substantially better deal than we had eight weeks ago, but if it comes to it, the choices will be bleak. In the long term, we could ultimately make a success of no deal, but there would be significant economic shock in the short term. Be in no doubt about the impact that would have on businesses and families. We would lose the security co-operation that helps to keep us safe from crime, terrorism and other threats, and we would risk weakening support for our Union.
I note that the right hon. Member for Ross, Skye and Lochaber (Ian Blackford) tabled an amendment seeking a second Scottish independence referendum. Polling shows that support for both Scottish independence and a united Ireland would be higher if we left without a deal, while, in the absence of institutions in Northern Ireland, a no deal would create a substantial problem of governance there.
Should the House reject leaving on 29 March without a deal and then support the Government’s seeking an extension to article 50, our problems would not be solved. An extension without a plan would prolong the uncertainty, threatening jobs and investment, yet, even as it did so, it would not change the debate or the questions that need to be settled. It would merely pass control to the European Union. They would decide how long an extension to offer, meaning we may not get what we ask for. They could even impose conditions on an extension. That could mean moving to a Brexit that does not meet the expectations of those who voted to leave, or even moving to a second referendum, with all the damage that would do to trust in our democracy. Equally, there is a risk that, having voted for an extension, the House still would not be able to agree a way forward and we would end up leaving without a deal.
If any of those things were to happen, it would be no good blaming the European Union. Responsibility would lie with this House for our failure to come together in the national interest to deliver on the vote of the British people.
Mr Speaker, it was not this House that—
It was not this House that decided it was time for the United Kingdom to leave the European Union; it was the British people. It falls to us to implement their decision—their desire for change and their demand for a better, more open, more successful future for our country. Today is the day that we can begin to build that future. This is the moment and this is the time—time for us to come together, back this motion and get the deal done. Only then can we get on with what we came here to do—what we were sent here to do.
Each and every one of us came into politics because we have sincerely held views about how to build a better Britain. Some have spent their political careers campaigning against the European Union and in favour of restoring sovereignty to this Parliament. For others, membership of the EU is one of the foundations of their vision of the UK’s place in the world. But we also came here to serve. We cannot serve our country by overturning a democratic decision of the British people, we cannot serve by prolonging a debate the British people now wish to see settled, and we cannot serve by refusing to compromise—by reinforcing instead of healing the painful divisions we see within our society and across our country.
The British people have been clear: they want us to implement the decision that they made nearly three years ago. So let us show what the House can achieve when we come together. Let us demonstrate what politics is for. Let us prove, beyond all doubt, that we believe democracy comes before party, faction, or personal ambition. The time has come to deliver on the instruction that we were given. The time has come to back this deal. I commend the motion to the House.
On 29 January, the Prime Minister backed an amendment tabled by the hon. Member for Altrincham and Sale West (Sir Graham Brady), which called for the backstop
“to be replaced with alternative arrangements”.
On 12 February, the Prime Minister said that the Government were seeking three potential changes to the backstop:
“a legally binding time limit… a legally binding unilateral exit clause”,
or
“the ideas put forward by the Alternative Arrangements Working Group”.—[Official Report, 12 February 2019; Vol. 654, c. 731.]
There is no unilateral exit mechanism, there is no time limit, and there are no alternative arrangements.
So let us be clear: the withdrawal agreement is unchanged, the political declaration is unchanged, the joint statement is a legal interpretation of what is in the withdrawal agreement, and the unilateral statement is the UK Government trying to fool their own Back Benchers, because the European Union has not even signed up to it.
The Government are having real problems, because they are trying to fool the people into believing that, somehow or other, the deal offered by the Prime Minister is the only one that is available. It is not, as they well know.
Let us look closely at the Government’s own motion. It is a case study in weasel words and obfuscation. It states that
“the legally binding joint instrument... reduces the risk the UK could be deliberately held in the Northern Ireland backstop indefinitely”.
There are two key words there, First, the joint instrument only “reduces” the risk rather than eliminating it, so it has completely failed to achieve its goal. I have an ally in believing that to be the case—no less a person than the Attorney General, who told the press at the weekend:
“I will not change my opinion unless we have a text that shows the risk has been eliminated.”
And indeed, his legal opinion today states that
“the legal risk remains unchanged”.
The Prime Minister has herself said on numerous occasions that the backstop is painful for both the UK and the European Union, and is something that neither side wishes to see applied. There has been no indication from the Prime Minister that there was ever a risk of our being deliberately held in the backstop in the first place.
Yet in her statement last night, the Prime Minister said that the joint instrument guaranteed that the EU could not act with the intent of applying the backstop indefinitely. The EU has never expressed that intent, and the Prime Minister has never accused them of having it. The Prime Minister has constructed one enormous great big gigantic attractive paper tiger, and then slain it. However, the substance already existed through article 178(5) of the withdrawal agreement, agreed in November. Truly, nothing has changed.
The Prime Minister also claims that the joint instrument entrenches the January exchange of letters in legally binding form. On 14 January, from the Dispatch Box, the Prime Minister told the House that those letters had “legal standing”, and would have
“legal force in international law".—[Official Report, 14 January 2019; Vol. 652, c. 833.]
We are back with smoke and mirrors—the illusion of change, when the reality is that nothing has changed. It is all is spin and no substance from the Prime Minister.
The statement in the Attorney General’s legal advice still holds. He said that the backstop would endure indefinitely until a superseding agreement took its place. That was the case in January, and it is the case today. I reiterate the view of the Attorney General: despite the theatre of the Prime Minister’s late-night declaration in Strasbourg, nothing has changed.
The Prime Minister has also attempted to convince Labour Members of this House about an equally empty promise on workers’ rights. She said last week in her speech in Grimsby that being aligned with the European Union on workers’ rights would mean that if it lowered its standards, we would have to lower ours. It is simply not true. European Union standards are a floor, not a ceiling: if the EU chose—I hope it never would—to reduce those minimum standards, that would not compel the UK to lower its standards. It is important to clarify that point because I am sure the Prime Minister had no intention of misleading anyone when she made it. However, being aligned to those standards means that if the minimum improved the UK would be compelled to improve, and indeed I would want us to go much further than the EU on many workers’ rights.
This was a bad deal in December when Labour decided to vote against it, it was a bad deal in January when it was rejected by the largest margin in parliamentary history, and it is the same bad deal now. We will be voting against this deal tonight for the reasons we set out when replying to the debate in December. It is a bad deal that will damage our economy, undermine our industries, irreparably harm our manufacturing sector, risk our national health service, damage our public services and harm our living standards, because it opens up the possibility of a race to the bottom—a bonfire of rights and protections. It provides no certainty on trade and customs arrangements in the future and risks people’s living standards.
What we put forward in the referendum campaign was a principle of remain in the European Union and reform. The result did not go that way; it went the other way. We have spoken up for the people of this country, who are frightened of job losses and frightened of the future for their industries and their communities. That is why we put forward what I believe to be a credible, sensible series of alternatives.
For the very reasons we set out in our letter to the Prime Minister of 6 February we believe there should be a permanent and comprehensive UK-EU customs union, close alignment with the single market, and, as I explained to my right hon. Friend the Member for Don Valley (Caroline Flint), dynamic alignment on rights and protections, as well as clear commitments on participation in EU agencies and funding programmes and, finally, unambiguous agreements on the detail of future security arrangements. That is because we want a Brexit that protects jobs, the economy and our industries, and those industries are suffering—no doubt about it. Growth is slowing, manufacturing is now mired in recession, investment is drying up, jobs are going, and thousands of workers fear for their future. The stress facing workers—EU nationals in the UK and indeed British nationals in Europe—is real; I met a group in Spain a couple of weeks ago who told me of their concerns, and they were pleased that we supported what is known as the Costa amendment.
We are deciding the future of our country. Each Member has to answer whether they believe this deal is good for their constituents. If this deal narrowly scrapes through tonight—I don’t think it will—we believe the option should be to go back to the people for a confirmatory vote on it. But we do not believe it should go through.
While there have been no calculations of the economic impact of the actual deal in front of us—something that should shame this Government—there is an estimate of the Chequers deal, which included a promise of “frictionless trade”, which the Prime Minister failed to deliver. But still, even with that more favourable outcome, the Government estimate that their own deal would make our economy and the people of this country worse off.
The documents in front of us offer no clarity.
The documents in front of us offer no clarity and no certainty. The political declaration says clearly that this could lead to a spectrum of possible outcomes. The 26 pages of waffle in the political declaration are a direct result of two things: the Prime Minister’s self-imposed, utterly inflexible and contradictory red lines, and the Government’s utter failure to negotiate properly, to engage with Members of this House or to listen to unions and businesses.
We only have this vote tonight—just as we only had the same vote on the same deal in January—because Labour Members demanded from the very beginning that Parliament should have a meaningful vote. I want to pay tribute to our shadow Brexit team, our shadow International Trade team, our shadow Attorney General and our shadow Solicitor General, who have done so much to ensure that Parliament has proper scrutiny over this process. The European Union (Withdrawal) Bill started out with Henry VIII powers that would have ridden roughshod over Parliament and over our ability to hold the Executive to account. It was the actions of our Front Bench, our teams and our Back Benchers that forced the situation so that we could have a meaningful vote in Parliament; otherwise, this would not have happened. The right to that scrutiny, to hold the Government to account and to ensure the interests of our constituents is absolutely vital. It is something that I have exercised to the full in my time in this House.
I believe that there is a majority in this House for the sort of sensible, credible and negotiable deal that Labour has set out, and I look forward to Parliament taking back control so that we can succeed where this Government have so blatantly failed. There are people all around this country at the moment who are very concerned about their future, their communities and their jobs. EU nationals are concerned about their very right to remain in this country, as is the case for British nationals living across the European Union. Parliament owes it to all of them to get some degree of certainty by rejecting the Prime Minister’s proposal and bringing forward what we believe to be a credible set of alternatives. Parliament should do its job today and say no to the Prime Minister.
I want to say one simple thing. People need to take into account exactly what uncertainty and real problems will come for workers as well as for businesses in the course of the next few years if this transitional period goes through. I speak as the Chairman of the European Scrutiny Committee when I say that there are 200-plus uncleared documents that are deemed not to be in the national interest, and that there will be more in the pipeline, including proposals relating to turning unanimity on tax policy into majority voting, as well as the financial transaction tax.
I strongly urge Members to bear in mind what the Prime Minister so rightly said about this issue at Lancaster House. She knows well enough how much effort I put into ensuring that the European Union (Withdrawal) Bill was drafted as it was, and that, in addition, it was enacted and got Royal Assent on 26 June. At that point, we were completely and totally at one. After that, in the run-up to Chequers and the withdrawal agreement, the first question I put to her was on 9 July, when I asked her how she could reconcile the Chequers proposals with the repeal of the 1972 Act under section 1 of the legislation that had been passed only 10 days before. I am absolutely convinced that that was an accurate assessment of the position.
A further point relates to the manner in which legislation comes through our Committee. Under the 1971 White Paper we were told that we would have a veto, yet it has been whittled away to extinction. The net result is that everything is now more or less done by consensus and/or by qualified majority vote. The European Scrutiny Committee analysis produced a few days ago suggests that the transition period could last until after the next general election—that is, to 1 January 2023—with an extension of the period under article 132 of the withdrawal agreement being highly probable. The worst possible situation is that we would end up being at the mercy of our competitors during that time. They would have no interest in giving us any of the benefits that might come out of the legislative pipeline when they themselves were making the laws and we were receiving them in the most humiliating circumstances in the history of our Parliament.
Never before in our entire history have we been legislated for by other member states. Indeed, it would be worse than that, because it would be done by a number of countries that would have no interest other than to put us at the mercy of our competitors. That would be absolutely catastrophic, and it is a fundamental reason why I am voting against this withdrawal agreement tonight.
When we had a similar situation with the ports regulation, the workers made their views plain by voting against it. The 47 ports employers and all the trade unions were against it, but it went through anyway. That will be the pattern, believe me. I have been on the European Scrutiny Committee for 34 years, and I have seen it. We have never turned down a proposal from the European Union over the entirety of those 34 years. It just does not happen.
Under article 4 of the withdrawal agreement, we are tying ourselves into the assumption that that is what is going to happen. Furthermore, the withdrawal and implementation Bill, which my right hon. Friend the Prime Minister has said will be introduced in a couple of days if the withdrawal agreement tragically goes through tonight, will mean that that primary obligation will be in primary legislation. That is what the Bill will say. It will also undermine the repeal of the 1972 Act and enable the Court of Justice of the European Union to disapply Acts of Parliament under article 4. I trust that people understand that when the Court has the right, by Act of Parliament, to disapply inconsistent Acts of Parliament, that will put even the repeal of the 1972 Act under section 1 of the European Union (Withdrawal) Act 2018 in grave jeopardy, as the European Scrutiny Committee’s report showed just the other day.
I have other concerns about state aid, whereby we will be unable under the backstop arrangements and the withdrawal agreement to incentivise our industries, enterprise zones, freeports and so on. That will lead to a severe denial of this country’s right to determine its own tax policy. Furthermore, the European Commission will be enabled under the withdrawal agreement and the backstop to continue to supervise the Competition and Markets Authority and, as I said, to affect the manner in which we can legislate.
For all those reasons, it is imperative that we do not allow the withdrawal agreement to go through. It undermines the referendum, and it is in denial of the Conservative party’s manifesto commitments and of this House’s right to legislate in line with the wishes of our constituents in general elections. The pragmatism to which my right hon. Friend refers is washed away by the question of principle that I have just mentioned. The truth is that we must vote against the withdrawal agreement, because it will affect defence, agriculture, fisheries and every single area relating to the entire range of EU treaties and laws. That is what will happen if we push the withdrawal agreement through tonight. We will be at the mercy of our competitors for several years—[Interruption.] I see my right hon. Friend shaking her head, but she knows perfectly well that what I am saying is true. It is clear that we will not be in control of our laws for a period of time.
On that note, I am prepared to say that I will vote against the withdrawal agreement, and I hope that many other Members will do likewise.
When standing for election for the Highlands and Islands in the European elections, Winifred Ewing said the following:
“This vast area—the largest seat in Europe—really must have a Scottish voice to speak up for it, with no priorities like the London parties and no diktats from London, just simply to speak up for the vast area and all the industries, all of which are under threat”.
Madame Ecosse—our trailblazer for Scotland’s voice being heard in Europe—strengthened our cultural ties and our communities’ opportunities by fighting for a strong voice for Scotland in the European Union. Winnie Ewing used her voice in Europe to attract funding to the highlands and islands that benefited local transport hubs and infrastructure. Winnie also chaired the European Parliament Committee on Culture and Education when the Erasmus programme was established in the late 1980s, which is why Scotland cherishes the opportunities that it brings to our students and to our country. To stand here today, with only 17 days to go until we exit the EU, and know that Scotland’s historical place in Europe is under threat is devastating.
“United in diversity” is the motto of the European Union, and it first came into use in 2000. It signifies how independent states came together in common endeavour to work for peace and prosperity. The beauty of the European project is that it has allowed us to work together while being enriched by the continent’s many different cultures, traditions and languages. We have been enriched by cultural diversity while the single market has granted economic opportunities to our citizens. We have only gained, not lost. In Europe, we learn from each other. Just last month, the Irish Seanad debated following in Scotland’s footsteps by introducing the baby box, which is a progressive policy that is benefiting the lives of citizens in Scotland. That is what the European Union has always been about: partnership to improve the lives of our nations and advance the opportunities for our citizens and our communities. Standing together, we have worked to protect our values of human dignity, freedom, democracy, equality, the rule of law and human rights. Our shared endeavour has been to build a society in which inclusion, tolerance, justice, solidarity and non-discrimination prevail.
The DUP has 10 duly elected Members, but it does not speak for the majority of people in Northern Ireland. Many businesses, many farmers, many fishermen, many people and many community leaders support the Prime Minister’s Brexit deal. What does the right hon. Gentleman think of the consequences not just for Scotland but for Northern Ireland? I respect his views on Scotland, but I need him to spell out the SNP’s thinking on the consequences for Northern Ireland of remaining within the United Kingdom, which I want it to do. I do not want dissident republican violence back on the border.
I hope this House overwhelmingly rejects the Prime Minister’s deal tonight, but tomorrow we must take our responsibilities and vote down no deal, which would be catastrophic. The Prime Minister could have done that months ago, and it is regrettable that we have had to wait until just over two weeks before we are supposed to leave before we can vote down no deal.
Once again, we listen to Conservative voices argue that we must leave our European destiny behind. I cannot countenance why we would leave behind those shared values and common endeavours. Our countries have come out of conflict and war and have come together. Our communities have thrived in times of peace. Collaboration and co-operation with our neighbours is delivering a new world of opportunity for all our citizens.
Despite the theatre of this place, where we poke and jar at each other, in truth today is painful, and I am deeply sad that we have reached this point of complete crisis. In homes across the United Kingdom our families, friends and communities are watching. In Amsterdam, Brussels, Berlin, Madrid, Dublin and Paris—I could go on—our friends and neighbours are watching. What must they be thinking? The historic achievement of the European project is unravelling, and for what? To replace partnership and stability with isolation and chaos.
Let us not beat about the bush: this battle began in the Tory party, and there it should have stayed. Euro- scepticism festered and consumed Tory Members and their party for decades until David Cameron rolled the dice, and where is he now? After he opened the box and spilled the Tory war on to the streets across the country, he abdicated all responsibility. The historical internal Conservative divisions have now divided the United Kingdom, and today Members must decide whether they will also abdicate responsibility and roll the dice, or whether they will act in the interests of their constituents by stopping the greatest act of self-harm to our economy.
We on the SNP Benches know our responsibilities, and we will not follow those who started the fire into the flames.
Will my right hon. Friend go back slightly and reflect, as I have, on the fact that it is five years this year—last month, in fact—since 100 people were gunned down by the then Yanukovych Government of Ukraine because they wished to join the European Union? He reflects on what people must think across the continent, and I can tell him that they are aghast at the way in which the previous speaker talks down the European Union, as the truth is that many aspire to join it because of the very advantages of economic prosperity and peace that my right hon. Friend outlines.
People may not see it on a camera, but while I am saying this the Prime Minister is sitting there laughing. She is laughing while those opportunities are being stolen—that is what is happening—from our future generations. It is an absolute disgrace that the Prime Minister would behave in the way she is. I will give her the opportunity to stand up and perhaps argue why it is right that our young people should be denied those opportunities and that we should act in a way that is taking away—[Interruption.]
After a late night in Strasbourg and with some careful packaging today, the Prime Minister thinks she can fool us the way she has fooled those on her own Benches. We will not be fooled—nothing has changed. The Attorney General’s legal advice is crystal clear: the Prime Minister has failed to secure a time limit or unilateral exit mechanism from the backstop. The changes secured by the Prime Minister will apply in the highly unlikely situation where the EU has acted in bad faith. That confirms that the Prime Minister’s strategy has been recklessly to run down the clock, attempting to blackmail Parliament to choose either her non-starter deal or a no-deal. This deal is not a new deal; it is the same deal, and it is the same bad deal for Scotland.
The events of the past 24 hours change nothing for Scotland. This is the same deal, the same Prime Minister and the same Tory party treating Scotland with contempt. It is the same disastrous deal that ignores the people of Scotland’s overwhelming vote for remain, and it will cost jobs and hit living standards. Does the Prime Minister have no respect for the Scottish Government, for the Scottish Parliament, for the people of Scotland? That fact is that today, for the Prime Minister, this is about her future and her party’s future—nothing more. This UK Government do not care about Scotland’s future, as they press forward with this Brexit bombshell, inflicting unprecedented socioeconomic and political harm. The supposed concessions are merely a fig leaf for a problem that the UK has created for itself. That fig leaf cannot disguise the fact that it was a bad deal in December and a bad deal in January, and it is still a bad deal today. This chaotic attempt to placate the extreme Tory Brexiteers serves only to prolong the chaos and uncertainty.
This is a blindfold Brexit that will take Scotland out of the single market, which is eight times the size of the UK, and leave people at the mercy of the Tories as they continue to tear themselves apart. This is a rotten deal that will lead our economy down the path of destruction without adequate protections. We know that the Brexit uncertainty is already damaging our economy to the tune of £600 per household per year. The economists have been crystal clear that the Prime Minister’s deal—this deal—is set to hit GDP, the public finances and living standards, and the Government have simply done nothing about it. Well, except for the Chancellor. He did at least have a moment of weakness and tell the truth on BBC Radio 4, when he admitted that this deal would make our economy smaller and that “in pure economic terms” there would be a loss. Like the SNP, even the Chancellor accepted the benefits of remaining in the European Union when he said that
“clearly remaining in the European Union would be a better outcome for the economy”.
Let me come back to the Chancellor. Here he is, ready to trot in behind the Prime Minister to deliver a blindfold Brexit that will send our economy into an unmitigated disaster. It is a shameful act of cowardice from the Chancellor, putting his party before people.
Instead of coming clean with Parliament and with the public, the Prime Minister asks us to vote blindly for this deal today. Despite numerous attempts to ascertain whether the Government have even conducted an economic analysis of the Prime Minister’s deal, they have still not published any analysis. What is the Prime Minister hiding? It is the height of irresponsibility for the Prime Minister to bring her deal to Parliament without providing the analysis of its impact. We know that her deal will cost jobs.
It is ludicrous for MPs to be asked to vote on a deal while completely blind to its economic consequences. Will the Prime Minister not end the shroud of secrecy and come clean with MPs and the whole of the United Kingdom? Analysis published on the London School of Economics website estimates that
“the Brexit deal could reduce UK GDP per capita by between 1.9% and 5.5% in ten years’ time, compared to remaining in the EU.”
The National Institute of Economic and Social Research has warned:
“If the Government’s proposed Brexit deal is implemented, then GDP in the longer term will be around 4% lower than it would have been had the UK stayed in the EU.”
That is the reality. Will Members on opposite Benches vote for a deal without knowing the consequences? Will they sleepwalk into disaster? I appeal to Members: do not do this as the consequences are too grave. What is coming down the line after today is unknown, but what is known points to chaos.
Even in the political declaration, the UK Government confirmed their intention to end free movement of people, which is vital to meet Scotland’s needs for workers in sectors such as health and social care. I met a young trainee vet in Portree in the Isle of Skye a week past Saturday. She is a young woman from Spain who wants to remain in Scotland, but when she qualifies as a vet, she will not meet the earnings threshold that would guarantee her the right to live in Scotland. Prime Minister, that is what leaving the EU is doing. It is denying opportunities to young people who want to make a contribution to our economy. It is shameful to see the hon. Member for Stirling (Stephen Kerr) shaking his head, because we will lose those opportunities to benefit our economy, and we will lose the social benefits that come from that in Scotland.
This deal will cause untold damage not just for the current generation, but for the next. This deal will make our people poorer, our businesses weaker and our economy smaller. We cannot let that happen. What is democracy if citizens cannot be allowed to change their minds? Members can sneer and jeer from the sidelines, as they have, but beneath their outward aggression, there is, I am sure, their conscience. If Members look to that they will know that no one can act in good conscience against the facts.
Members across the House know that Brexit is bad for Britain. It is bad for families, bad for business, bad for the economy, bad for co-operation and trade and bad for growth. I am in no doubt that the Scottish Tories are well aware of the consequences as they have been well outlined by academics, economists and many others. Brexit is bad for Scotland. Last week, I visited Edinburgh University. Some 26% of its academic community are from the EU. The vice-principal told me that mobility is the key and that the academic community is already expressing concern. The university has still been able to recruit, but the pool of candidates is becoming shallower because, quite simply, people do not want to come to Brexit Britain. That is the reality, Prime Minister, and it is this Government who are responsible for that.
The Prime Minister is playing a game of smoke and mirrors to save her own skin— not the future interests of people across the United Kingdom. She has renegotiated nothing. She promised legal changes to the withdrawal agreement. Nothing even close to that has been achieved. Let me remind the House. On 29 January, the Prime Minister was unequivocal:
“What I am talking about is not a further exchange of letters but a significant and legally binding change to the withdrawal agreement. Negotiating such a change will not be easy. It will involve reopening the withdrawal agreement—a move for which I know there is limited appetite among our European partners.”—[Official Report, 29 January 2019; Vol. 653, c. 678.]
But the EU27 have refused to reopen the withdrawal agreement. The fact remains that the EU27 have not reached any agreement with the UK in negotiations on changes to the backstop or the withdrawal agreement. The window dressing on the backstop is simply to allow members of the ERG to slide their support behind the Prime Minister and save the blushes of their extreme Brexiteers, but we now know from what has been in the media that even that has not worked.
The Irish Times journalist, Fintan O’Toole, noted last night the ridiculousness of the Government’s actions, when he tweeted:
“Very hard to see what’s really new in all of this. It’s the Withdrawal Agreement served with a side order of ‘this doesn’t mean what it doesn’t mean anyway’.”
Jo Maugham QC also commented in reference to the Prime Minister:
“Not only did she fail to get any changes to the Withdrawal Agreement. But she was also made publicly to agree that there are no changes to the Withdrawal Agreement.”
And a key player in the negotiations, the Irish Taoiseach Leo Varadkar, has noted that the extra layers are complementary to the deal, not a rewrite. Nothing has been changed except the fact that the DUP has been bought a new comfort blanket. Well, the SNP—unlike the DUP—cannot be bought.
The Prime Minister is so desperate that it is clear that she will go to any lengths to undermine the will of the House, which has already voted against this deal. Last week, we saw the Conservative Government offer bribe after bribe to Labour MPs. On Monday 4 March, the Government announced a £1.6 billion Brexit cities fund. The Government have still not confirmed whether any of this will come to Scotland, and I do not hear Scottish Conservative MPs standing up for Scotland on that. On Wednesday 6 March, the Government announced plans to give MPs the right to decide whether to enforce future EU changes on workplace rights and standards after the UK has left the EU. But Frances O’Grady of the TUC dismissed this, saying that the proposals
“come nowhere close to ensuring existing rights are protected. And they won’t stop workers’ rights in the UK from falling behind those in the rest of Europe.
Since January, we have seen the UK Government buying fridges in bulk to stockpile drugs, practising traffic jams on airfields and awarding ferry contracts to companies with no ferries. Let me remind the House that the Prime Minister lost the first meaningful vote by 432 to 202. This is the same deal. Nothing has changed. But this is not a binary choice before us; it is not a deal or no deal. There is still a way to protect our citizens.
I appeal to Members, particularly Scottish MPs, to stand with the SNP; reject the Government’s negotiated withdrawal agreement for the future relationship with the EU; recognise the resolutions of the Scottish Parliament and the Welsh Assembly of 5 March to oppose the UK Government’s exit deal; say that a no-deal outcome to the current negotiations on EU withdrawal would be completely unacceptable on 29 March or at any other time; acknowledge the endorsement of this House of the claim of right for Scotland on 4 July 2018, recognising the sovereign right of the Scottish people to determine the form of government best suited to our needs; recognise that Scotland should not be forced to leave the EU against its will; and ensure that this place, this Prime Minister and this shoddy Tory Government understand that the best future for Scotland lies in becoming, like so many of our neighbours, a full, equal, sovereign, independent member state of the European Union.
The Prime Minister has no mandate from Scotland for her deal. On 15 January, 83% of Scottish MPs voted against it. The Scottish Parliament and Welsh Assembly have voted on a historic joint motion, rejecting the Prime Minister’s deal and rejecting no deal. I remind the House and the Scottish Tories nestling on the Government Benches that 62% of the Scottish voters and every local authority in Scotland voted to remain in June 2016. Scotland’s decision must be respected. I appeal to Members to stand up for the interests of their constituents, and I appeal to Scottish MPs to do the right thing by standing up and fighting for Scotland. Scotland did not vote to leave and we will not be dragged out of the European Union against our will. We will not remain strapped to the sinking ship.
The First Minister has sought compromise at every opportunity. We in the SNP, in government in Edinburgh and here in the Commons, have sought every opportunity to compromise, but we have been dismissed by this Tory Government. Scotland has been treated with contempt—ignored, sidelined and often silenced. The Tories think they can do whatever they want to Scotland, but we will have the chance to vote on independence—to make Scotland a destination in Europe. Our First Minister has been clear. So I say to Members: stand with us. I say to the Prime Minister: give it up; extend article 50 and bring forward a second EU referendum. Her Government have utterly failed to negotiate a deal fit for the country. I say to the Leader of the Opposition: he almost got off the fence; is it not time he got off it properly? We have reached this critical point and still the Labour party is unwilling to act, rather than blow hot smoke. May I remind him that there is still a live motion of no confidence in this Government that has not yet been signed by the Labour Front Bench? We have the opportunity to end this madness and go back to the people. It is long past time that the Leader of the Opposition had some courage. What is he waiting for, or what is he running scared off?
We have an opportunity here today to do the right thing. The people we represent have given us their trust to do what is right for them, for their families and for their communities. Vote Leave was a farce. It pumped lies into the campaign. It sold the public a pup. People must have the right to change their minds, and we must have the courage, as political leaders, to give people the right to change their minds. While the world looks on in wonder at what on earth the UK is about to do, I ask that every Member recalls how much we stand to lose.
Let me say that we on these Benches will not allow our nation to be dragged out of Europe into the abyss. Scotland has a bright future, and that future is as an independent European nation. The right hon. Member for Haltemprice and Howden (Mr Davis), the ex-Brexit Secretary, noted at the weekend:
“There is no…treaty in the world…where a sovereign nation…can only leave when the other side says so. So that’s the key point, the ability to get out when we need to.”
The people of Scotland are sovereign under the terms of our constitutional framework, and they too should have the ability to get out of this mess—and, my goodness, we need to. So I ask Members to support the SNP. When we decide to call for action to have a referendum in Scotland, this House should respect that. We will not go down with the sinking ship. As Winnie Ewing famously said:
“Stop the world, Scotland wants to get on.”
I say to the people of Scotland: if we cannot save the United Kingdom from itself, now is the time to save Scotland—an independent Scotland at the heart of Europe.
My hon. Friend the Member for Stirling (Stephen Kerr) was quite right: 1 million people in Scotland voted to leave the European Union. Yes, more people voted to remain, but that is the whole problem with this debate—rather than anybody trying to solve this for the 100%, it has been about the percentage that people in this House identify with. That is why we have ended up in this situation.
There are five stages of grief: denial, anger, bargaining, depression and acceptance. I firmly believe that the country has, by and large, reached acceptance. Many Members of this House have reached acceptance of the referendum result, but some clearly have not, as we hear time and again. It is time to move on. It is time to draw the withdrawal phase of this EU exit to a conclusion. There are many other political issues that the country desperately needs us to be talking about and focusing on, and yet here we are, time and again debating the same issues. As the Brady amendment showed at the end of January, the issue is around the backstop, but we are all debating and falling out over a backstop that is an insurance policy that everybody hopes is never needed, to solve a problem—a hard border on the island of Ireland—that nobody wants to see.
For me, there are a number of tests of whether this withdrawal agreement should be approved tonight. I have set those tests out in a letter that I will send to my constituents shortly. Does the withdrawal agreement, if passed, lead to greater certainty? I believe the answer is yes. It will at least enable businesses and individuals in our constituencies to plan ahead, certainly with regard to the transition period. Does it deliver on the exit from the EU that the majority of the United Kingdom voted for in 2016? The answer is yes. It gets us closer to leaving the European Union. There are Members on both sides of the House who have campaigned for that for years, and yet they say they will not vote for the deal this evening.
Does the withdrawal agreement enable the governing party to carry on governing after 29 March and pass legislation? Yes, it does. If a stable majority were to pass the withdrawal agreement, would that mean we could pass the withdrawal implementation Bill and all the other legislation? And that is my problem with the challenge laid down by Opposition Members about why the Government do not make an appeal to them. Although I think a compromise and a consensus could be found in the House on a so-called softer Brexit, it will not lead to anything like a stable majority for future legislation. I have heard nothing that promises that from those on the Opposition Benches.
Changes have been secured to the withdrawal agreement that was considered in this House in the middle of January. I have been very happy to be part of the alternative arrangements working group, and I thank the Secretary of State for Exiting the European Union for his engagement. I started this process as something of a sceptic, but believing that compromise had to be found to make this work. There are alternative arrangements, on the basis of existing customs checks and processes, that can be put in place to ensure that there is no hard border on the island of Ireland.
There is no doubt that there is a danger in all of this—I say this as Chair of the Treasury Committee and as a former Treasury Minister—of thinking only about the numbers. The economy is of course incredibly important in securing the livelihoods and successful prospects of our constituents, but there are other issues, and the issue of sovereignty, independence and confidence in our democracy should not be underestimated.
I really fear that if this House does not approve the agreement tonight—Members who say, “Oh, I can’t support it for this reason or that reason”, are being very clever with the words and the way they are interpreting the legal advice—the damage done to trust in our democracy and in the power of an individual’s vote will be immense. As somebody who has been subject to abuse and threats because people feel threatened, I say to those who have not yet experienced it that I suspect it will be unleashed on all of us, and I do not see why we would want to put the country through that.
I will be brief because I know that many other right hon. and hon. Members want to speak in this debate. I have said before that it is very easy to remain in our entrenched positions and to keep saying the same things over and over again. However, I challenge hon. Members on both sides of the House to think about whether now is the time—and we have heard that my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) could vote for the agreement tonight—to say that we will change our positions.
Actions and votes have consequences, and if this withdrawal agreement is not passed this evening, we may move on tomorrow to a debate about no deal and we may then move on to a debate about the extension of article 50. There will be those in this House who want to have those debates, either because they think no deal is a good thing, or because they think they can take it off the table and potentially put the option of remaining on the table.
A short extension of article 50 would be worse than useless, creating more uncertainty and instability in this country, so I urge right hon. and hon. Members, particularly on these Benches, who have said so far today that they have made up their mind or that they might vote against the agreement, “Please think again”, because the beneficial consequences of passing this withdrawal agreement tonight will be enormous, and I think the public will thank us for it.
I am tempted to say, “Here we go again.” After the flurry of activity and effort—I pay tribute to Ministers who have been working hard over the past couple of months—some people may have had their minds changed by the documents produced last night, but it seems that many others have not.
The one thing I want to say on the documents is this: the withdrawal agreement remains in place, the backstop remains in place, there is no unilateral exit mechanism for the United Kingdom and there is no time limit. While it may be possible to suspend the backstop, in order to do that the United Kingdom has to persuade the arbitration panel that we have a case. If the arbitration panel is then to turn suspension into disapplication, we have to persuade it that the reason for the problem is that there is a lack of good faith on the part of the European Union.
It is pretty safe to say that the EU would say, “No, it’s not a lack of good faith; we just don’t think your alternative arrangements work. We think they would undermine the integrity of the single market and the customs union.” The moment it says that, that engages questions of the application of EU law, at which point the panel has to refer the matter to the Court of Justice of the European Union, whose judgment on these questions will be binding on everyone, including the United Kingdom.
Frankly, proving bad faith, in my view as a non-lawyer, is going to be pretty darn difficult, so we are left with paragraph 19 of the Attorney General’s letter to the Prime Minister today, which says that if we cannot reach agreement because of intractable differences,
“no internationally lawful means of exiting the Protocol’s arrangements”
will exist.
If the deal is defeated tonight, tomorrow will be another day. I have little doubt that the House of Commons will vote against leaving the European Union with no deal—we can debate all those matters tomorrow. I still do not know how the Prime Minister is going to vote. Can I just offer her some advice? She used to say that no deal is better than a bad deal, but she now argues that her deal is in fact a good deal. Well, if it is in fact a good deal, it cannot be a bad deal, so, by definition, no deal is now worse than her deal. Therefore, if logic means anything, the Prime Minister ought to come through the Lobby with me and many others tomorrow to vote against no deal. No deal would be the worst possible outcome for the country.
If leaving with no deal is defeated, we will come on to the question of an extension, which will be the subject of Thursday’s debate. However, we have to use an extension for a purpose—that is very clear. For me, the purpose must be, first, to see whether it is possible for the House of Commons to reach agreement on an alternative way of leaving the European Union. Is there support for a customs union? Is there support for a Norway-style arrangement?
If we are able to reach agreement on an alternative way forward, the second choice the House of Commons will have to make is whether we should go back to the British people to ask them, “Is that what you wanted?”—especially if we did end up approving something like Norway and the customs union. We could argue that that is rather different from what was argued for by the leave campaign during the original referendum. I suppose the central question on that choice, a point which has been made by others today, is whether the electorate have the right to change their mind and, in the same breath, the right not to change their mind. It would be the people’s choice.
The final point I want to make, because time is short, is to say this about sovereignty, which is really at the heart of the referendum, of the decision we have to make as a House of Commons, and of the choice that we as Members wrestle with in trying to decide how to cast our vote. Last week, I met a group of parliamentarians from North Macedonia. We talked about our troubles to do with EU membership. They said to me, “75% of the people of North Macedonia are really keen to join the European Union and NATO.” I asked them why. They replied with three words: stability, opportunity, progress. Whatever else can be said in this debate, Mr Speaker, you cannot apply those words to our country in its current condition.
The Prime Minister, in opening her speech today, said that the deal says something about our country and what it has delivered. I would say to her that it certainly does say something, because her deal has delivered instability, it will entrench a loss of opportunity and it is not progress. It is going backwards. There is further proof of that today. What has Nissan announced? That production of the Infiniti car in Sunderland will end. The long, slow decline of British car manufacturing, which was once the jewel in our manufacturing industry, has, I am very sorry to say, well and truly begun.
This goes to the heart of the mess that we are in, which is not the backstop—we have spent hours on the backstop—but the fact that, after two-and-a-half years of internal argument during which the Government have refused to make choices, the political declaration is so vague that we have no idea where we are going. The Prime Minister also said on the political declaration that we should look at all the things her deal has delivered. I simply say to her: no, it has not. It is not legally binding and there is no certainty. A new Prime Minister could come along in a month, a year or two years and say, “Forget all that. I am now taking the country in a different direction.” That is the reason I will not vote for this deal tonight.
The Prime Minister ended her speech by saying let us demonstrate what politics is for. I would simply say to her that whatever it is for, it is not this agreement.
We find ourselves in a very unusual circumstance. Unless a country is defeated in war and the Parliament has to meet so that MPs have to surrender provinces that are being annexed by a neighbouring power, it is very unusual for Members of Parliament to be asked, on a fundamental issue, to vote against their own opinion. Yet the evidence has been overwhelming, in the past two and a half years since the Brexit referendum took place, that there is a very substantial majority in this House who consider that there is no form of Brexit that is better than remaining in the European Union. That includes many colleagues on this side of the House who have, for reasons of judgment or loyalty—it does not really matter which—decided that they will support the Government this evening. I talk to them and they tell me that they accept that that is the case.
My right hon. Friend the Prime Minister makes a powerful case when she says that this is necessary because of the decision in the referendum in 2016. She tells us that if we were not to do it, it would diminish faith in the democratic process. I am certainly mindful, as I am the recipient of many emails from angry people, that there are many people who voted in that referendum who did not otherwise normally participate in the electoral processes of this country at all—probably about 10% of the electorate. So one has to recognise their strength of feeling.
If I felt that, by voting for and supporting a deal and a future that I think is going to be completely third rate compared with remaining in the European Union, we could bring closure to this debate because there was some unanimity of purpose—either across the House or even within my party, of which I have been a member now for about 43 years—I would have to seriously consider doing it, despite my own strong judgment that we are about to make a serious and historic mistake.
The problem, however, is that that is simply not the case. There is no unanimity. Take one example from today. In my view, the backstop is a red herring. The point is: what are we going to do with Brexit when we have it? Do we intend to stay aligned roughly within the sort of European regulatory and tariff framework, or do we intend, as some of my right hon. and hon. Friends wish, to strike out for broad horizons? If we do, it does not matter if we do not have the backstop, because actually, the Good Friday agreement precludes us from doing that for Northern Ireland, unless we intend to carve it out and leave it effectively in a European economic area. Such is the price of folly in having allowed a referendum to take place where those advocating leave dealt with it in purely abstract terms. No one—I plead guilty to this as well—was willing to think through, even when we prepared and passed the European Union Referendum Bill, the consequences of what a vote to leave would actually mean and how we could possibly implement it.
Far from bringing closure, we will simply initiate yet another round of very sterile debate against a background where our economy will be damaged, our national security will be impaired and we will find ourselves consistently at a disadvantage. I realise that some of my hon. Friends do not agree with that. They see a bright future ahead if they can just carry out their plans, but I do not see those plans coming to fruition. Indeed, I do not even see at the moment how the withdrawal agreement Bill that will have to follow this approval is likely to get through the House when some of my colleagues, such as my hon. Friend the Member for Stone (Sir William Cash), start to look at the details. So, with reluctance and sadness, I cannot allow this further ratchet in the destruction of our country to take place.
We are also failing to assess the realities of devolution and the fact that with four nations making up the United Kingdom, there are now four identities that we have essentially disrespected. Even if we were entitled to—[Interruption.] Yes, we have. We have essentially disrespected them in terms of working out the consequences of what the referendum was likely to do. As a Unionist, I worry about the future of my country, because I see the Union as fundamental to our prosperity and collective existence.
I am afraid that I cannot vote for the deal, and we will have to take the consequences of the further difficulties that will follow. I do not look on those with any sense of cheerfulness at all, but I would be utterly, utterly going against my instincts and my judgments if I were to facilitate a process of further self-mutilation for our country, which is what I believe we are currently embarked upon. We should pause, reflect, and above all, I repeat it again—
We have all heard a lot of general rhetoric about this issue, so I want to home in one particular aspect of the economics of it—the nature of the single market and how it originated. Thirty-five years ago, there was an insight in this country around the Prime Minister of the time, Mrs Thatcher. I do not know whether it was her or her advisers who saw that the future of business and trade rested on two s’s—standards and services—and that the traditional preoccupation with tariffs and quotas was of course very relevant, particularly for agriculture and manufacturing, but the future lay in another area.
For three decades, successive Governments—Conservative, coalition and Labour—have beavered away trying to create this structure of a single market, recognising the importance of those key drivers. That has been done on two levels. It was attempted at a global level through the World Trade Organisation, which is often called in aid by Government Members. That achieved virtually nothing, because the World Trade Organisation is essentially a weak organisation that brings together countries with massively divergent standards. It was also pursued through the European Union, with very great success.
One of the central problems of Brexit is that it potentially unravels much of the regulatory framework that has been put in place over those three decades. I have a very simple example, which gives us an indication of what is coming down the track. It actually relates to one of the Government’s success stories. The Government have been trying to roll over the 30 or 40 association agreements we have with the European Union. It would be disastrous if they were not rolled over. Quite a few important countries, including Japan and Korea, are making it very clear that they are not willing to get a move on, as the Foreign Secretary instructed them to, but one of the countries that did is Switzerland.
Switzerland is an interesting case. It is a British success story, with rapid growth in exports of 40% over five years. Britain has a big trade surplus with Switzerland. That is all under the existing arrangements. The Secretary of State for International Trade presented the roll-over agreement as a great success, and indeed it was. It is one of the few things that has actually worked for the Government in this area. But when some of the trade federations affected by the agreement started unpicking it, they noticed that it is not the same agreement that the European Union had.
Central to the European Union agreement was that it brought together about 19 key technical standards across the European Union and Switzerland, which enabled European countries to trade on a common basis. In the revised agreement, there are only five such standards. The companies in the UK that will have to deal with Switzerland in the future will do so at a competitive disadvantage. I have no way of knowing how important that is or how many jobs are at stake, but that small experience will be reproduced on a massive scale as Brexit proceeds, and we should take note of it.
All the costs associated with the unravelling of the single market will be compounded by the loss of the customs union—I know that the Labour party has given that priority, and it is important, but it is not as important as the single market—and also by uncertainty. Had the Government done what they promised to do, which was to have a clear picture of the endgame before they completed Brexit, all that uncertainty would have gone. British firms with a time horizon of more than two years will now be afflicted by massive uncertainty about whether to invest in this country, and many of them will not do so. The future is wholly uncertain.
The combination of those factors has major economic consequences. I have taught economics for many years and worked in it for many years, and I know that it is not a precise science. However, one of the most fundamental principles of economics, going back to Adam Smith—and, indeed, before—is that if you put up barriers to trade, you make yourself poorer. That will now be compounded many times over.
In addition to all the economic costs, there is the unravelling of the collaborative arrangements. One of the best institutions in my constituency is an organisation called the National Physical Laboratory, which is a centre for key metrology standards. Alan Turing did much of his professional work for it, and I attended and spoke at its annual dinner a few days ago. The people who work there are absolutely horrified at the breaking up of their scientific network, and their inability now to attract European staff. That is being replicated in campuses, universities and scientific institutes across the country.
The European Investment Bank has hardly been discussed here. Crossrail, which has been one of the big innovations in London in recent years, was substantially financed by it, but it is now being dismantled. Those are some examples of the damage that has been done, and that is why the Government must go back to the public and put the deal to them. If they cannot get their deal through Parliament, they must give the people the final say.
Here we go again. It is groundhog day. We are faced with the same bad deal for our country’s future. In February, we provided the Prime Minister with guidance on what was needed to gain the support of the House. The Malthouse compromise was just that—a compromise to find the middle ground and secure a deal. I respect the Prime Minister’s attempts to improve the deal, but it has been a failure, and since the EU is refusing to improve it, we need to just leave. We need to leave the European Union on 29 March and deliver on the referendum promise.
After weeks of negotiations, all that we have is an agreement that has not changed the working of the backstop, but simply supplements it. These changes only limit the risks posed by the backstop; they do not remove those risks entirely. As a sovereign country, we need the ability to leave the backstop unilaterally. We should not have to ask the EU for permission to forge our own future. The agreement is not about taking back control of our own destiny; it is about surrendering control. As the Attorney General has said,
“the legal risk remains unchanged”,
and if the legal risk remains unchanged, the bad deal remains unchanged.
So what next? Where do we go from here? It may seem strange to some, but I propose that we keep our promises and leave the European Union without a bad deal. According to Hansard, the Prime Minister has said more than 120 times that the UK should leave the EU on 29 March. When today’s vote is defeated, the best option left for the UK is to go to WTO rules, just as the Prime Minister has indicated previously.
This deal remains a bad deal for the reasons that I have mentioned, but let us not forget the other issues. If this deal were to pass in its current form, we would still be subject to decisions from the ECJ—decisions that would directly impact on our laws and subsequently our sovereignty. Additionally, we must still pay the European Union the £39 billion just for the right to leave; no, that is not good enough. The Prime Minister has been right all along that no deal is better than a bad deal, and if this place considers her deal to be a bad deal today then we need to leave without a deal.
We need to invest the £39 billion in our own country.
We need to invest in skills and the new cutting-edge industries of tomorrow. We need to reinvigorate our fishing industries and allow our hard-working fishermen to keep their catch. We need to invest in education and the next generation, invest in policing so that we have safer communities, and invest in our businesses to help them during the transition. It is time we had confidence in our people and in our country and invested in its future, and it is time to deliver what the British people voted for.
Trust takes years to build, seconds to break, and forever to repair. Let us stick to our word: let us keep our promises and deliver on the referendum result. Let us build faith, not tear it down. Let us look beyond the borders of the EU and trade globally. And let us finally take back control.
This withdrawal agreement sets the blueprint for our country’s final deal with the EU. We have given far too many concessions, and it is time to stand up and say “No more.” We must deliver what we promised, and this evening I will be voting against this withdrawal agreement. We need to send a strong message to the EU that Britain deserves better.
But the reason why I will not be voting for this deal is not just because of a blindfold Brexit, which is effectively what this is about—the fact that we do not have the certainty that British business is absolutely demanding. What we do know, however, is that the deal as it stands in the political declaration would make my constituents, and indeed all the constituents of every right hon. and hon. Member, less well off, and I did not come into this place to vote for something in the full knowledge that it would make people less well off. [Interruption.] I would be very grateful if the heckling from a Bench near me turned into an intervention, which I would happily take.
Let us address the real issues that face this House tonight. Let us look at the failings of the withdrawal agreement, and let us look now at a way out of it, as it seems likely that yet again this agreement will fail to pass in this House.
The Independent Group tabled an amendment; I am sorry it was not selected, Mr Speaker, but of course I understand why. However, at least it set out a timetable and provided a coherent alternative, and I believe that is what the people of this country are now crying out for. They want clarity, they want certainty, and they want a way forward.
I also believe that the only way out of this mess is to take the matter back to the British people, as my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) as ever beautifully and eloquently explained in the arguments he advanced. Now we know what Brexit is like, it is perfectly right and acceptable that it should be able to go back to the British people. People are entitled to change their mind, and of course the young people who would bear the heaviest burden of Brexit are entitled, I would argue, to have a say.
What I say to former colleagues on the Government Benches is this: they will be voting—those of them who are doing so—for a withdrawal agreement in absolute knowledge and certainty of the following. As outlined by this Brexit Government—because that is what they are, a Brexit Government—who have done the assessments into all the various ways of delivering Brexit, whatever way we do it will leave this country less prosperous and our constituents less well off. Being a Brexit Government, and the party of Brexit, will not be a badge of honour to be worn next to the blue rosette; it will end up being a badge of shame.
At some stage, people are going to have to make good the huge deficit that will exist. I shall give the House an example. Almost every Saturday, I am proud to go out with the Nottingham people’s vote campaigners, mainly in Nottingham but also in other parts of the county. I recently met a woman who explained why she had voted for Brexit. I understood her complaint about a system that she thought was not working for her when it came to housing. She thought it was the fault of immigrants. I explained that her complaint was nothing to do with immigration, and that immigrants had benefited our country in many ways over many centuries. Nevertheless, in her mind she somehow thought that Brexit was going to make good the problems in her life. If we do leave the European Union—God forbid that we should leave without a deal, the most irresponsible of all the options; the Business Secretary was right to say that it would be “ruinous”—how is that woman going to see her life transformed? She will not be better off economically. How is she going to benefit from the sovereignty that is suddenly going to be recaptured by our country? How is her life going to be improved? And who is going to make good the deficit and disappointment that she will undoubtedly face?
I think that is why so many right hon. and hon. Members on the Labour Benches, especially on the Back Benches, have come round to the view that the only way through this mess is to take it back with honesty and conviction to the people. I pay tribute to Labour Members such as those in Sunderland and the hon. Member for Redcar (Anna Turley) who represent leave constituencies but who have had the courage go out and speak to the people they represent, in all weathers, to make their case and to lead them, and to convince them that the best way through this mess is now to go back to the people.
People understand that they were lied to. They were tricked and conned by the leaders of leave, some of whom sit in this place. Those leaders will not lose their jobs. They will not find themselves worse off. They will not bear the burden. The people who will bear the burden are the people in this country who voted leave, and especially those who work in the manufacturing sector. They will see their jobs put at risk. They will see the future of their children and grandchildren blighted. It is the leaders of leave who should take responsibility, yet almost every one of them has walked away from their ministerial position while still scooping up all the benefits that they get outside this House through the articles they write, through their inherited wealth and through their gold-plated pensions. They will never be held responsible, but it should be to their eternal shame that they have caused such damage and deep divisions in this country. They should speak to people, just as I speak to my own constituents whose skin is brown and who find themselves being told to go home and being spat at and abused. That did not happen before this appalling referendum.
When we talk about Brexit, the one thing we now need to do is find a way to heal these terrible divisions. Somebody needs to address that, but it will not be done through more dishonesty. We will do it with honesty and with courage. We must say to the British people, “We have made a mistake. Let us bring this back to you so that you can make good the harm that we have done.”
The element that has not been mentioned at any time so far in this debate is the 17.4 million people who followed a very clear direction. The right hon. Lady and I were part of a party that made this promise in 2015: “If you vote for a Conservative Government, we will give you an in/out referendum. It will be a one-off, with no holds barred. You will decide.” The subsequent European Union Referendum Bill was passed by a very large majority in this House, making it absolutely clear that we the MPs were going to give the people the right to decide. We said, “You will decide, and we will implement whatever you decide.” The 17.4 million people ignored the ludicrous “Project Fear” and the £9 million leaflet dumped in every household that bombarded them with propaganda. They ignored all that. They wanted to “take back control”.
I was in Whitchurch, the town where I was born, and clearly remember people coming off a building site late in the evening saying, “It’s about them. It’s about them, isn’t it?” I said, “What are you talking about?” and they said, “We can get rid of you, Mr Paterson. We can vote you out, but we cannot get rid of them.” They knew exactly what they were voting for. They were voting for the right to remove their rulers. Those who pass bad laws, levy taxes and spend their money badly here can be removed at a general election. That is what this is about.
We see time and again that we are up against a constitutional conundrum. We have had referendums on the European Community, Scotland, Northern Ireland, Wales and the alternative vote and, conveniently, the people obediently and politely delivered the result that the establishment wanted each time. This time, however, to the horror of the political establishment represented across all the Benches here, the commercial establishment, including the Confederation of British Industry, and the media establishment, the people have gone against their will. We have a real constitutional conundrum. Everyone in this House must recognise that they have to deliver what the people voted for. I look at the shadow Secretary of State for Exiting the European Union. If he wants to get into power, he must recognise that, of the first 100 marginal seats that Labour has to win, 78 of them are for leave—73 of them strongly for leave. Labour Members had better recognise that they are in this as much as those on the Government Benches.
I am in the ERG. We are called extremists. I have been called a member of Momentum by the Father of the House, who is sadly not in his seat. We were called ultras, I think, on the “Today” programme. However, we are actually loyal Conservatives, because our Prime Minister interpreted the leave vote to mean that we should leave the single market, the customs union and the remit of the European Court of Justice. Sadly, this evening’s proposal does not deliver that.
This is a bad agreement. Laws will be cooked up by 27 nations, and we will not be present. When I was Secretary of State for Environment, Food and Rural Affairs, I worked closely with the EU on common agricultural policy reform. We worked closely with allies, whether Germany, Hungary, Italy or whatever, but this time laws will be imposed on us, and if we do not impose those laws to the satisfaction of the European Commission, we can get taken to the ECJ and fined. If the deal goes through and if I come to this House in a year’s time to discuss an issue of great concern to my constituency, such as agriculture or food, and to complain about a law, the Minister will have every right to say, “The right hon. Gentleman voted for that. What is he complaining about?”
The hon. Lady comes from Northern Ireland, and it is extraordinary that we have allowed a section of the UK to be hived off into a new entity called “UK(NI).” The most fundamental principle of the Belfast agreement, as she well knows, is the principle of consent. We have huge admiration for the noble Lord Trimble, one of the co-architects who received the Nobel prize for the extraordinary achievement of getting Unionists to vote for the Belfast agreement, which was very much based on trust that the principle of consent would be respected and that the status of Northern Ireland could never be changed without the consent of the people. At the stroke of a pen, something called “UK(NI)” will be created, which is a clear breach of the Belfast agreement and of the Acts of Union of 1801.
We are promised the right to do trade deals. I was at the Office of the United States Trade Representative in Washington twice in the autumn, and the USTR is clear that we will not be allowed to do trade deals so long as we do not control our tariff regime or our regulatory regime. Under this proposal, we will not have control of either.
There are huge advantages to trading with the outside world. I do not agree with the right hon. Member for Twickenham (Sir Vince Cable), because the European Union itself says that 90% of world growth will be outside the European Union. We have drawn down from 61% of our trade being with the EU to about 45%, and we are heading to 35%. The future is phenomenal, and it is about trading with the growing economies outside the European Union—we also have the best possible relations with countries inside the European Union—and we can do it by triggering article 24 of the general agreement on tariffs and trade and showing a serious intent to do a free trade deal down the road. If there is a proper exchange of documentation, paragraph 5(c) of article 24 would give us a “reasonable length of time”—that could be up to 10 years—to negotiate.
All the “Project Fear” spookery about tariffs is for the birds. We can go ahead on the basis of article 24. Outside this place, people come up to me time and again to say, “We want to see the vote delivered. Why don’t you just get on with it?” It is now for the Government to deliver rapidly and make sure that we leave on 29 March by using article 24.
Here we are, another fortnight later and another grand finale vote on the Government’s withdrawal agreement, this time with the addition of last-minute semantically creative but significance-light legal documents. We are just 17 days away from the toxic shock of no deal, an outcome that would unconscionably harm the Welsh economy, yet the British Government continue to gamble with the livelihoods of the people of Wales. No one in Wales voted for food and medicine shortages, no one voted to destroy Welsh agriculture and, of course, no one voted to make themselves poorer.
As my Plaid Cymru colleagues and I have said time and again, this withdrawal agreement will be damaging. Plaid Cymru will never support a withdrawal agreement that takes Wales out of the single market and customs union, harming Welsh businesses and workers, as it would do. We will not support any attempt to remove the right of Welsh people to live, work and study in other European countries, as my daughter has done in Paris. In our heart of hearts we know this. Conservative Members and Labour Members all know that we are denying people and we are tying ourselves in knots as to how we justify that. As harmful as the Prime Minister’s deal would be for Wales, leaving without a deal is a worst-case scenario. We cannot countenance it as an option. Indeed, let us remind ourselves that it has already been overwhelmingly rejected by this House, as well as by the National Assembly for Wales.
The substance of this debate has never made sense to me. It has centred on a fabricated theoretical concern about a hypothetical backstop never intended to be used. For the extreme right-wing of the Conservative party to be peddling myths about fantastical problems the backstop might, in some blue moon, cause is one thing, but for the official Opposition to be embroiled in the minutiae of that same debate and to be using the same arguments as the Democratic Unionist party is another; it is an unnecessary distraction and a confusion.
What farmers, factory workers and families in Wales need is clarity. For all the withdrawal agreement’s misgivings, what the backstop does offer is, for once, some degree of clarity—it is an insurance policy, after all. But everything else about the withdrawal agreement is a mirage of clarity. Adopt it and the clarity of the political declaration disappears over the horizon as a mirage. The best way to achieve clarity is, of course, to extend article 50, but an extension of three, six or even nine months will do nothing to dissipate the fog of uncertainty. Article 50 must be extended until the end of the transition period, negating the need for this deceitful withdrawal agreement and for any British backstop. A 21-month extension would keep the UK in the EU until the end of the EU’s multi-annual financial framework, give this Government time properly to agree the final relationship with the EU and, crucially, allow time to put this to the people through a referendum.
I have been struck by the irony of people talking about concerns for democracy and about it being an affront to democracy that we would ask for another referendum. The Government took the country to a general election only 25 months after the 2015 general election. It is now 32 months and more since the referendum. Democracy is a resort it suited the Government to use in that short period, so I ask: why is it not suitable to use it now? The people’s vote must of course include an option to remain an EU member state, a position that polls show is supported by more than half the people of Wales—if only it were honest-heartedly supported by the Labour party, too. If we take the scales from our eyes, we will see that the concentration of wealth in London and south-east England got us into this Brexit mess and the concentration of power is trapping us in it. As far as I can see, giving people a final say on our future is the only remaining answer. Democracy is not a one-off event. Nor is it the privilege of only one generation. Democracy, through a people’s vote referendum, will be our salvation.
Ordinarily, a manifesto promise is taken through this House, with a Green Paper, a White Paper, First Reading and so on. The manifesto commitment is calibrated and then eventually delivered. The negotiation has been the process through which we have been going with our manifesto commitment.
I could vote for this deal if there was a vision for the future of this country at the heart of it. I could vote for this deal if there was a sense of where we were going at the heart of it. I could vote for this deal if, as many expected, it would improve on the current deal. Reading the newspapers at the moment, I find it depressing how many commentators are saying to us, “The grim reality is that MPs must hold their nose and vote for this.” Someone said today that this is a “grotesquely flawed” deal, but MPs should still vote for it. We are being encouraged to recommend for our constituents something that we blatantly know is not really in the country’s interest. One thing that leavers and remainers all agree on is that had the deal before us been put to us and there had not been a referendum, none of us would recommend it to our constituents as the right path for the future of our country.
We have this misleading cliché today that we just have to get on with it, as though the result is somehow immaterial so long as we do. That gives me cause for extreme concern about supporting the deal. Let me make two principal points. First, as far as I can understand it, the backstop is there to try to solve an impossible problem: we want to take control of our borders but we want the other side to have an open border. The back- stop exists now because after months and years of negotiation, we have not found a solution to that problem. If those who, like my right hon. Friend the Member for Loughborough (Nicky Morgan), say that alternative arrangements could solve the problem genuinely believe that such arrangements could, they need not fear the backstop.
The truth is that dealing with these alternative arrangements on their own will not address the need for the backstop. The side deal that the Prime Minister has come back with improves things to some extent, but the EU has no need to act in bad faith because it knows that, between now and 2020, we will keep going round the same loop, trying to find alternative arrangements. If we are not careful, we may still end up in that backstop, which is why there is such serious concern.
My second point is on the political declaration.
My right hon. Friend the Member for Loughborough said that there is no point in discussing the political declaration. She said that all we need to do is vote for the withdrawal agreement, and discussions on the political declaration will come later. We in this House must get real about what the meaningful vote and the withdrawal agreement mean two to three steps down the line.
The issue with the political declaration is that, after 29 March, we have no idea what happens. We have no strategy and no plan. What the Prime Minister has said is that she will consult this House on a mandate for negotiation, but if her red lines still exist, how will this House agree on a mandate for negotiation as far as the political declaration and our future are concerned? I cannot see how that is possible given that, today, we know that there is no majority for any of those options in this House.
We know that there are some in this House who would rather that we diverge as far from the EU as we can and go cap in hand to an America First President for that free trade deal. Is there a majority for that in this House? We are setting sail, or we are being encouraged to set sail, with no idea about the future. By August, we will have to decide what our negotiating position is for the 21-month period, because another clock starts ticking after 29 March. The longer that we take to work out our negotiating position, the more we eat into our own negotiating time. Very quickly, this House will have to decide whether it wants to get closer to the EU, whether it wants to diverge a bit more, or whether it wants to be somewhere in the middle. Whenever anyone asks this question, they are told, “You are trying to frustrate Brexit.” The truth is that leaving somewhere and going somewhere are not the same thing. We can all leave this Chamber, and two of us could go in completely different directions. We need to understand where we are going, which is why, for me, extending article 50, pausing and reflecting and working that out, is important.
The scene that we have seen over the past few months of Brexit Ministers having to buy a frequent pass on the Eurostar to go to Brussels to secure a concession will be played out time and time again, because we will have left with our hands tied behind our back and everything we want will come at a price. How would we have taken control on behalf of our constituents if that is what happens?
Back in January when we were debating this matter, I said that the Government had no majority, no authority, and no longer served any useful purpose. If that was debatable in January, it is now an absolute certainty. I am afraid that the debate we are having only reflects the mess that the Government have got themselves into on this issue.
I want to be brief so I will not repeat a lot of the things that have already been said. I just want to make a couple of remarks about where the public are at and where they were at the beginning of this process, which leads on to the debate about whether a consensus is possible. I do not mean this in any critical way, but the right hon. Member for Loughborough (Nicky Morgan) called for consensus, the hon. Member for Morley and Outwood (Andrea Jenkyns) called for consensus, and—in a slightly different way—the hon. Member for East Surrey just made a plea for a kind of consensus. The difficulty is that they all mean something entirely different. The right hon. Member for Loughborough means a consensus around the Prime Minister’s deal, the hon. Member for East Surrey wants a pause so that we can think about whether other options could be considered, and the hon. Member for Morley and Outwood basically wants us to come out without a deal. In each case, there is no possible basis for consensus.
When we started this process, I noticed that there were three different strands of opinion in my constituency, and Knowsley is not unique in that. The first strand was made up of people who voted to leave and wanted to leave on any basis it was possible to achieve, including without any kind of a deal. Secondly, there were those who agreed more with me than with anybody else, who felt that we had made a historic mistake in voting to leave in the referendum and were looking for a way to reverse that process. Finally, there was a group of people in the middle who simply wanted to get on with it, although they were not specific about what it was they wanted to get on with, other than the fact that they wanted to leave the European Union—and the Prime Minister has built her entire negotiating strategy around that one group.
The difficulty is that that one group, which is also reflected in this House, cannot definitely be said to be on one side or the other when it comes to any specific deal. Yes, these people want to leave, but they do not necessarily want to leave on any terms put in front of them, and they certainly do not want to be part of a deal that makes them, their families and their communities worse off. The problem is that any solution has to involve a strategy that brings at least two of those three groups along with it, but I am afraid to say that what the Prime Minister is offering at the moment does not bring any one of those groups along fully, as we will see reflected in the Division Lobby tonight.
It would be reasonable to challenge me on what I think should happen. All I can say is that at the beginning of this process, after we triggered article 50, I would have voted for a deal that I thought would not do too much damage to my constituents; that is where I started from. Frankly, I am now at the point where I will vote, if I get the opportunity over the coming days, for no deal because I think that it would be disastrous for my constituency and our country. [Hon. Members: “Against no deal.”] Sorry, I will vote against no deal; that was a Freudian slip. I will also vote for a second referendum if the opportunity arises, and I will certainly vote for the extension of article 50. We have to get somewhere with this. If we do not, the only option left will be to say to the people, “Is this what you really want?” And we are rapidly reaching a point where that is probably the only option left.
But whatever the Government tried to do, they have not, I am afraid, succeeded. Though I congratulate the Prime Minister and the Attorney General on their efforts, the result is that, like Adam and Eve in the Garden of Eden, they have sewed an apron of fig leaves that does nothing to conceal the embarrassment and indignity of the UK. As the Attorney General confirmed in his admirably honest advice, the backstop does not just divide our country in fundamental ways—it ties our hands for the future and sets us on a path to a subordinate relationship with the EU that is still, despite what we were told yesterday, clearly based on the customs union and on large parts of the single market.
I want to stress this point. I really cannot accept the repeated assertion by the Attorney General in his very powerful speech this afternoon that there is a minimal legal risk of us being trapped in the prison of the backstop, because it is now more than a year since I stood in Downing Street—in No. 10—and was told that there was a minimal legal risk that we would even have to enter the backstop. That is not a view that I believe could now be plausibly defended by the Government.
I am afraid that this deal has now reached the end of the road. If it is rejected tonight, I hope that it will be put to bed and we can all face up to the reality of the position and the opportunity that we have. What we need to do then—now—is to behave not timorously but as a great country does. We have broadly two options. We can either decide, if the EU is unwilling to accept the minor changes that we propose, that we will leave without a deal—yes, I accept that that is, in the short term, the more difficult road, but in the end it is the only safe route out of this and the only safe path to self-respect—or we can decide to take a route that will end in humiliation by accepting arrangements with the EU that seem to limit disruption in the short term but will leave us as an EU protectorate with many important rules set elsewhere.
Members have asked, “What’s the worst that could happen?” I will give two examples, but there is any number of rules and regulations. The financial services industry would be subject to laws set by its leading competitors, which is emphatically not what the City wants. The Commission has already made it clear that it wants to use the passerelle clause of the existing treaty to bring in qualified majority voting on taxation. We would be subject to that, under a qualified majority vote in which this country would not participate. I urge Members to think hard and to see that that predicament would be democratically intolerable. We would have to tell our constituents that they had no power or influence in setting some of the rules that govern our country.
The most powerful argument that has been made this afternoon is the threat that some Members are apparently ready to hijack the long-standing rules of the House in order to take our constitution hostage, with Parliament to direct the Executive in international relations. That upends hundreds of years of constitutional practice and makes a nonsense of relations between Parliament and the Government. I believe it would lead to an even greater gap between people and this place. Let us abandon that project of dismantling our constitution in the name of making this country an effective colony of the EU.
Instead, we should take what now seems to be the more difficult route but is, in the end, the only one that preserves our self-respect, which is to leave as we are required by law on 29 March and to become once again an independent country able to make our own choices. I am not in favour of crashing out, as many call it. The Malthouse compromise indicates the way forward—the UK observes single market rules and customs duties and restrains our right to compete for a period of three years while we negotiate a free trade deal. I believe the EU would be open to that.
As we come to the final stages, it is vital that we retain our freedom of manoeuvre and do not rule out no deal. A delay will achieve nothing except to compound the uncertainty for business. Now is the time to behave as what we are—the fifth biggest economy in the world, the second biggest military power in NATO and, by many counts, the most influential cultural and intellectual force in Europe—and not to accept what I believe would be a humiliation and the subordination of our democracy.
I make no apology for voting against this deal— 62% of people living in Scotland voted against leaving the European Union, and 72% of my constituents in Edinburgh South West voted against leaving the European Union. Quite frankly, if I were to vote for this deal, I would probably be strung up from the nearest lamppost as soon as I got home, because my constituents feel extremely strongly about this. They do not want to be taken out of the European Union, and they are very angry about being taken out of the European Union against their will.
Many of my constituents work in the second biggest financial sector in the United Kingdom. Many of my constituents work in two of the best universities in Scotland—Edinburgh Napier University and Heriot-Watt University—and many work in businesses that are already opening offices abroad. I am aware of at least one significant business in my constituency that is moving out of Edinburgh and the UK completely as a result of Brexit.
I make no apology for voting against the deal because I know—not because it is my opinion, but because the evidence I have heard over the last two years in the Exiting the European Union Committee tells me so—that this deal will make Scotland poorer and that it will make Scotland a less safe place to live. I know that this deal will remove Scotland from a single market of 500 million people and attempt to keep us, in some sort of hostage-like situation, in an internal market of only 60 million, in which we really do not have a proper say in the rules and regulations.
I know that this deal will place Scotland at a potentially serious competitive disadvantage compared with Northern Ireland. I know that this deal and the ending of free movement, combined with this Government’s hostile environment, will mean a fall in the working and tax-paying population of my country, which will adversely affect my country’s future and my country’s economy.
“From Carrickmacross to Crossmaglen,
There are more rogues than honest men.”
I am not suggesting that that is the case any longer, and I am not suggesting that that is because the right hon. Member for Uxbridge and South Ruislip visited. Joking aside, however, as somebody with an Irish mother and a family who still live in the Republic, albeit very close to the border, and who run businesses close to the border, I am acutely aware of the threat that this deal—this Brexit—poses to the peace process and the threat it poses to the economy on the island of Ireland, so I do not say that I do not understand why the backstop is there.
I said earlier today what I feel about the measly assurances the Prime Minister spent two months getting from Brussels. I know there are many people in this Chamber who have very good reason to be concerned that there should be a backstop if the deal goes ahead. However, I still make no apology for voting against this deal, because voting against this deal does not mean no deal; it gives us the opportunity to do what we should have done all along when we realised what a disaster this was, which was to hold a second referendum given that the people across the United Kingdom know the reality of Brexit—not the promises made by the right hon. Member for Uxbridge and South Ruislip, which are unable to be fulfilled, but the reality of Brexit. I believe that if people see the reality of Brexit and the reality of remain, they will choose remain.
I am also voting against this deal because I know that, if this deal goes through, what will happen is that we will simply move into another lengthy period of even more difficult negotiations, with no guarantee whatsoever that any trade deal will be reached at the end of the negotiations. Even if there is, I know from the evidence that any trade deal reached will not be advantageous to my country.
The Prime Minister has said:
“I have been clear throughout the process that my aim is to bring the country back together.”— [Official Report, 26 February 2019; Vol. 655, c. 167.]
I simply do not accept that. This process has not been about the national interest; it has been about keeping the Conservative and Unionist party together and keeping the Prime Minister in power for as long as possible.
To return to my point: when the Prime Minister says her aim is to bring the country back together, I do wonder which country she is talking about. The United Kingdom is a union of three nations—Scotland, England and Wales—and the Province of Northern Ireland. It is not one nation; it is a union of three nations and one province. Yet, the Prime Minister has taken no steps whatever—
The Prime Minister has taken no steps whatever to try to bring Scotland into the tent in her discussions on Brexit. Instead, she has repeatedly disrespected the will of the Scottish people, as expressed through their Parliament —most recently last week when, together with the Welsh Senedd, it overwhelmingly rejected this deal.
The Prime Minister likes to sit laughing, rolling her eyes, pulling faces and encouraging others to do so when my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) speaks, but she needs to remember that he speaks as the leader of the biggest party in Scotland—the party in this House that has more seats there than all the other parties put together. However, most importantly, when he speaks, he is articulating the majority view in Scotland, which is clear opposition to this deal and a desire to remain. [Interruption.] People can chunter away from a sedentary position as much as they like, but that is the reality.
The other reality is that, two years ago, in March 2017, by a majority of 69 to 59, the Scottish Parliament voted to hold another independence referendum in the event that Scotland was taken out of the EU against her will. I have no doubt that that will happen, and I have no doubt that this time we will win, because now people know the truth: they know that Scotland is not an equal partner in the UK, they know that Scotland is not treated with respect in the UK and they know that this deal is rotten.
I will be brief. I rise to say that I will be supporting the deal this evening. I supported the deal the last time we voted on it, and I supported it for a number of reasons. Parts of it represented compromises for me and did not reflect fully what I would have wanted at this stage of the Brexit process. However, overall, it represented a reasonable, pragmatic approach to the article 50 process.
The other reason I supported the deal last time was that I supported the original backstop. I did not support the subsequent vote on the so-called Brady amendment—I did not support the strategy of trying to knock the backstop out of the withdrawal agreement. I actually think that the backstop is there for good and right reasons, which reflect noble purposes. I am sorry, but colleagues on whichever side of the House who say that Brexit has nothing whatever to do with the Good Friday agreement and the peace process in Northern Ireland display an ignorance about what has been achieved in Northern Ireland in the last 20 years. Peace in Northern Ireland is simply the biggest achievement of our politics in the United Kingdom in the last 50 years, and it should be incumbent on all of us to defend it. I am afraid that, back in 2016, the way in which Brexit would affect Northern Ireland and the difficult, complicated border issue there was an afterthought; we did not invest enough time in thinking that through and coming up with a solution. The backstop is there for a very good reason.
I never accepted the narrative that has grown in recent months on the Government side of the House and among some on the Opposition Benches that the backstop is some kind of entrapment mechanism. I regard that as a conspiracy theory. I tested this view with Ministers in Europe when I visited with the Exiting the European Union Committee, as well as on individual visits. I talked to independent trade and legal experts here in the UK who also reject the conspiracy theory that the backstop has been cooked up as an entrapment mechanism between a tricky Irish Government and a malevolent EU Commission to somehow lock the UK long term into an arrangement that we do not want.
The proper way of seeing the backstop is as a concession. The backstop in the withdrawal agreement reflected an ask that we made. It did not reflect the original form of the backstop. We wanted it to be a UK-wide backstop, rather than Northern Ireland-specific. We were granted that, and that is how people view it on the other side of the channel: they see it as a concession that they made to us. In effect, it was an achievement of our diplomacy and our negotiating that the final version of the backstop reflected something that we asked for. Rather than being defended as the fruit of our efforts, however, it has been trashed with the conspiracy theory that it was some kind of entrapment mechanism. There are two golden rules when one is a Minister: do not trash your civil servants, and do not trash your own achievements and homework. It does feel that we have rather done that to the withdrawal agreement we negotiated.
I say to my colleagues who have still not been convinced to support the deal that all of us on the Government Benches shared in the joint responsibility of triggering article 50 to begin the process that would lead to a negotiated outcome. What did we think was going to emerge from that process? An agreement that looks very much like the one that is in front of us. It would not have mattered who else was in Downing Street. With the greatest respect, whether it was my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson) or any Opposition Member, it would not have changed the fundamental shape and form of the withdrawal agreement that emerged at the other end of the article 50 process. It is not the personality in Downing Street—whether they are a true believer or not—that has shaped this withdrawal agreement. The withdrawal agreement has been shaped by our red lines, but also by a number of fixed variables that we cannot escape from when discussing Brexit.
The Northern Irish border is one of those fixed variables. Another is the hard choices and compromises that need to be made on trade: the level of market access and whether we have pure frictionless trade, balanced against the extent of the obligations we are willing to take on. One of the failings on our side, collectively, since the referendum is that we have not properly explained to the British public some of those choices and compromises, so there is still fantasy swirling around that Brexit can deliver all the benefits and none of the obligations. But the fantasy is not on offer. What is on offer is just a set of very difficult and unattractive choices. I genuinely believe that the deal in front of us represents the very best of those choices. There are strengths and merit to the deal in front of us. I encourage and implore my colleagues, on the Government Benches and on the Opposition Benches, who genuinely believe in delivering a responsible Brexit to support the deal.
I recall one particular leaflet that was delivered to every household during the referendum campaign. One of the warnings in it, among some of what many of my colleagues would regard as scaremongering, was a prescient one of the potential of 10 years or more of negotiation and wrangling over what Britain’s future relationship would be with the EU. It feels very much as though here we are in year three, and we are still in the baby steps of quite a long process. If colleagues of mine want to see quicker, more purposeful progress, they will support the deal this evening.
Finally, I do a lot of mountain climbing in Scotland and in Wales. Every year, people set off on a sunny day up mountains wearing a pair of trainers, armed with a slice of Kendal mint cake, thinking that they are going to get to the summit. They get up there, the weather is not as good as they wanted, they do not have a map and they are not equipped properly. They might argue among themselves about what the right direction is, and eventually they need rescuing off the mountain. It feels a bit like that is perhaps where we are heading, but mountain rescue is not going to come for us. The solution to get off the mountain is in our hands, and that solution is to pass the deal tonight.
I echo many of the serious concerns that Opposition Members have raised about the Prime Minister’s deal or no deal, and the hugely negative impact that those scenarios will have on our communities, where a Tory Brexit will be devastating. The Prime Minister’s legal guarantee changes nothing. While we have heard lots of debate and emphasis on that today, quite rightly, I wish to concentrate my contribution on the human impact that is at play.
I will start by looking at my home town and constituency of Bradford, and the destruction that ideological Tory policies and the Government’s austerity cuts have brought upon our communities in Bradford in the last decade. We see rampant poverty gripping the city, with more than half the children living in my constituency in poverty according to the End Child Poverty campaign, and with not a week going by that I do not have a worried parent in my constituency advice surgery telling me how they are struggling even to clothe or feed their children because of the desperate poverty that they live in. We see poor educational attainment, with far too many children leaving school without enough GCSEs and far too many unable to go university. We see abysmally low wages, with people in Bradford paid less than the national average, or even the regional average.
We see insecure jobs and more and more people forced to take on zero-hours contract roles that do not pay the bills and do not offer the protection that they need. We see cuts to local government funding that have crushed advice centres, libraries, community halls and other services that people rely on and that are vital to the fabric of community life. We see an underfunded NHS, with our hospitals creaking as they are forced to do more with less, and staff underappreciated and underpaid. We see uncertain futures, with no hope of tomorrow being better than today and no bright future for our children.
Do I think that the Prime Minister’s deal or no deal is the right choice and that it will offer people in Bradford a better future? Not at all, because let me be clear: it is the Prime Minister and this Tory Government who have left us in such a state, because it is their austerity that is driving Bradford into the ground, not the EU. We were promised by the leave campaign that everything would be fantastic—that there would be millions more for the NHS, that the economy would be fine and that wages would be higher—but the stark reality is that those promises have failed to materialise and that a Tory Brexit will only devastate our communities further.
A Tory Brexit will help the Government to strip away workers’ rights—rights we have fought hard for and depend upon—and allow them to continue their relentless pursuit of deregulation to make it easier for people to lose their jobs, their holidays and their representation. It will grind down our economy in Bradford and Yorkshire, which exported £9.7 billion of goods—goods that create thousands of jobs but depend on free and unhindered access to the continent—to the EU in 2017. It will hit wages and the pockets of working people as the economy shrinks, jobs are lost and even food prices rise. It will allow the Government to continue their ideological austerity drive, with money set aside for the regions by the EU not coming back to the north but being spent in the south and the Tory shires. Ultimately, it will worsen poverty, as rights are watered down, jobs are lost, wages shrink and austerity continues.
People in Bradford have suffered for years under this Tory Government, who have enacted ideologically driven policies and forced poverty on our communities, so why should they trust a Tory Brexit? A Tory Brexit is not the answer for people in Bradford, and nor is a Tory Government, full stop. I cannot support an outcome that would leave people in Bradford worse off. I cannot allow our communities to be dragged further into the spiral of deprivation, social injustice and poverty.
The focus of this debate, and of most of the debate in the past 24 hours and previously, has been the legalities of the backstop and of our exiting it. Ultimately, we should care about the real-world risk of being trapped in the backstop, but that has been discussed very little. What are the actual chances that we will be trapped in the backstop, not from a legal point of view but from a political point of view? Is it likely that we will find ourselves in that position? I think it is perfectly possible to argue that it is highly unlikely.
First, I agree with my right hon. Friend the Member for Preseli Pembrokeshire (Stephen Crabb) that our being in the backstop would not benefit the EU at all. The EU would not want us to remain in the backstop because, for instance, while we were in it, we would have many of the benefits of the single market without paying into the EU. The idea that the EU wishes to trap us in the backstop is simply a wrong analysis.
Secondly, we would have several hurdles to jump before we ever got into the backstop. We would only start to consider it as a possibility if a trade deal were not ready. We now have further legal certainty about the efforts to ensure that the trade deal will be ready. It would only start to become a possibility if the implementation period were not extended. That is an alternative. It would only start to become a possibility if alternative arrangements were not completed. Again, we now have more certainty about the preparations for those alternative arrangements. We should stop talking about the backstop as though we are certain to get into it and certain to be trapped.
Let me say first of all that anyone who is clinging to the hope that no deal could still happen, and is intending to vote against this deal to achieve it—it appeared to me that my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson) was thinking of doing that—should forget it, because it is clear that the House will not allow no deal. Whether one supports that move or not, it is about to be taken off the table as an option. We therefore face the clear and present danger that, if this deal does not go through, Brexit will be diluted, seriously delayed, or ditched altogether. That may be what Labour Members want—there is a whole cadre of them who want a second referendum, and others who want to cause difficulty for the Government—but one thing is clear: on these Benches, you cannot talk about gaining control and taking back control, only immediately to cede control to the House of Commons and lose any further control we have to shape the kind of Brexit that we would like. If Conservative Members do not like the deal as it is currently constituted, let them spend the next few months discussing, and then voting on, and then being outvoted on, whether they want a Norway arrangement in which we would become a rule taker, or whether they want a permanent customs union rather than the temporary one for which the backstop provides. That is what Labour Members want, and that is what the House of Commons will give us, whether my hon. Friends like it or not. That is the downside. That is the risk that they are now running: Brexit diluted, seriously delayed, or ditched altogether.
The choice is clear. We can have damaging uncertainty as a result of further delay, anger in the country that we have not implemented the decision that the country took, and the risk—of which my hon. Friends should be perfectly well aware—that the impasse will lead to a general election. Conversely, there is a huge upside to getting this deal through. We avert the risk of no deal, although I think that that is about to be averted altogether. We leave, as promised, on 29 March or shortly after. Business confidence and investment return—and we know that businesses are sitting on cash at present—because we have an implementation period and certainty for those businesses. Resources are released for public services. If the deal does not go through tonight, the Chancellor will have to make it clear tomorrow that he must hold on to cash in the event of uncertainty and of no deal becoming a possibility. If the deal goes through, that cash could be released for public services, which every Member in the House would like to happen.
There are Members who voted to trigger article 50 and who voted for the referendum. Although they did that within the last two years, they are determined to oppose this deal because, in reality, they have reached a position in which they want to oppose or dilute Brexit.
Let me say to my hon. Friends that this not a moment to choose ideological purity above pragmatism. This is a pragmatic deal, which recognises that while 17.4 million people—the majority—did vote to leave the European Union, 16.1 million voted to remain, and we have to compromise. It will be a compromise not with the European Union, but with the country: a sensible compromise which recognises that in leaving we must carry the public with us, and carry business confidence with us.
I say to Members that they have a second chance now to support this deal, and if they really want to deliver Brexit, they should do so.
I have been consistent throughout. I believe that the result of the referendum has to be respected. A belief in the central importance of democracy and the dire consequences for progressive politics if we were to ignore or attempt to subvert the result mean that we must leave. Holding a second referendum would, irrespective of its result, fuel a dangerous right-wing populism in our politics that would be likely to lead to long-term right-wing Governments in this country. However, the basis on which we leave and engage with the EU in future is all-important. It will shape our destiny for a generation. It must protect our economy, the standard of living of our constituents and our security. We also have a solemn duty to preserve the United Kingdom, which should only ever change through explicit public consent, and to protect the peace in Northern Ireland, which remains fragile—we should never forget that.
The deal we are being asked to support tonight was overwhelmingly rejected back in January largely, but not exclusively, because of the Northern Ireland backstop. The Brady amendment passed by this House gave the Government a clear instruction that the backstop must be replaced in the withdrawal agreement by alternative arrangements; this has not happened. Some propose a time limit; this has not happened. Others wanted us to be able to unilaterally leave the backstop if negotiations fail; again, this has not happened. So none of the conditions laid down by the vast majority of the original deal’s opponents has been met, and this has been starkly underlined by the Attorney General’s legal advice of this morning.
As I have said, I believe we do have a duty to implement the referendum result and leave the EU, and I will only support a minimum extension to article 50 which would ensure that we were not obliged to participate in European elections. Therefore, I will be willing to consider supporting this agreement, for all its perfections, if only the Government were willing to be clear about their aspirations for our future relationship. For the sake of trade, jobs and living standards, that has to include a customs arrangement of some kind with the EU. That could, but need not, be membership of the customs union itself. Not only is that the best way of securing economic stability, but it would guarantee that the backstop is consigned to the dustbin of history. The best means of achieving this is Common Market 2.0, with the UK moving into the EFTA pillar of the EEA and joining a comprehensive arrangement with the EU, maintaining a common external tariff with frictionless trade and no hard border in Ireland. We would seek to maintain the closest possible economic relationship with the EU without the political integration which the majority in this country opposed very clearly in the referendum.
The time has come to put this, along with other potential solutions, to the House so we can indicate where a majority can be secured. We know what the majority are against; the time has come for the majority in this place, free from the constraints of party Whips, to make it clear what they are for. That would truly be acting in the national interest.
Throughout the negotiation process I have always believed that the result of the referendum must be delivered. It is simply not enough to say that we respect the result of the people’s vote on 23 June 2016 and then ignore it. In that referendum the British people instructed the Government to leave the European Union, and the agreement that the Prime Minister has negotiated implements that vote effectively, ending the free movement of people, stopping the vast annual payments from the UK to the EU, and freeing the UK from the common agricultural policy and the common fisheries policy.
I personally voted to remain, and have always been conscious of the fact that a majority of my constituents—57.3%—voted to remain, while recognising and remembering that over 40%, a significant minority, voted to leave. One of the problems with the entire withdrawal process is that without compromising no side—whether leave or remain, for no deal or for a second referendum—would have been entirely and perfectly happy with terms of the deal whatever agreement the Prime Minister had brought back from Brussels. However, the referendum presented voters with an unambiguous choice to remain in the EU or to leave, and the consequences of either decision were conveyed to the electorate extensively.
We rightly place our focus on a strong economy, but the vote was not just about economics. The referendum result brought to the surface of political debate people’s sense of identity as well as their concerns about immigration, free trade and the EU’s democratic deficit. However, events over the past few months have shown that the political discourse is frozen, and that is what we need to deal with. Many of us have been waiting for that decisive moment when we can have clarity on the future direction of travel. In my view, this withdrawal agreement provides the clarity that we need to move to the next stage of the negotiations—the implementation period—and to lay the foundations for a comprehensive free trade agreement with our European partners. The implementation period will provide Governments, businesses and people on both sides of the channel with the time to put in place the new infrastructure that will be integral to the arrangements that the Prime Minister has recently secured.
I am one of the 27. No, not the EU27, but the 27 Members of Parliament representing Greater Manchester constituencies. I am therefore particularly interested in gaining the certainty that we need and in continuing the growth of our northern economy. There is nothing that businesses fear more than uncertainty. They need to know the direction of economic travel so that they can plan for future investments. That is hugely important for my constituency, for Greater Manchester and for the economy of the north of England.
The Government’s commitment to the northern powerhouse is translating into record levels of investment across the region and, most importantly, into jobs. Greater Manchester’s local industrial strategy reinforces the region’s ambition to establish the country’s first Tech Nation hub, and a report from Ernst & Young reveals that Manchester has been ranked as the best performing city outside London for attracting foreign direct investment projects, with a 17% increase in projects since 2017. The digital sector is the leading sector influencing those figures. Many companies are now comparing Manchester to California’s silicon valley, because of the huge expansion of Manchester’s tech hub. Further evidence of the city’s confidence in this sector is Amazon’s decision to open a new office in the centre of Manchester, creating 600 digital jobs.
However, we can continue this success only by laying the foundations for an orderly, smooth Brexit. This agreement provides the basis on which we can leave while giving people and businesses the certainty that they need. I understand that some people in Cheadle and elsewhere in the north, as well as some colleagues here in the House, want to reject this deal in the hope that that will force either a no-deal Brexit or a second referendum leading to the UK remaining in the EU. Both cannot be winners, however; both cannot be right at the same time. For any hon. Member who genuinely does not wish to stop Brexit, this is the best and only deal. The EU has made it clear that it will not change the terms of the agreement. Whatever our views on the nature of the future relationship, that relationship can be negotiated only when a withdrawal agreement has been passed. This is the only withdrawal agreement. If we do not agree to this motion today, we risk having no Brexit at all. I am backing this agreement to take us out of the European Union into a more global future, and I am anticipating a positive, optimistic future for our country.
This last-minute deal, which really has not changed much, is just the latest chapter in the Tory party’s Brexit divisions and melodrama. When the Prime Minister says that she is listening to Parliament, she is actually listening to hard-line Tory Brexiteers and her confidence and supply partners, the DUP. When she says that she is acting in the national interest, she is actually putting her party’s interests above the prosperity of our constituents. She encourages us to come together, but she has done little to reach out across the House to appeal to Labour Members and other Opposition MPs. When it comes to the deal tonight, this is the first time that I can remember in British history that a PM and Chancellor have recommended a course of action that, according to their own economic analysis, will make people worse off and our economy smaller. The people did not vote in the 2016 referendum to be poorer, and I cannot in all conscience vote for a deal that makes my constituents poorer and the country less safe.
Secondly, as the right hon. Member for Preseli Pembrokeshire (Stephen Crabb) said in his eloquent contribution, the Government have not levelled with people about the trade-offs and hard choices that should be made on Brexit. For example, Brexiteers claimed that trade deals with the US, India, Japan, Australia and New Zealand will boost our prosperity, but there is not a shred of evidence that those trade deals—even if agreed quickly and in our favour, on which the International Trade Secretary is not exactly doing a great job—would result in more jobs and investment than we would lose if we loosen our ties with the EU, which is our most important market and the destination of most of our exports. That is why it was so foolish of the Prime Minister to make leaving the customs union and the single market her red lines from the word go. If only she had dropped those red lines, she may have managed to build true cross-party consensus for an alternative deal.
The irony of today’s debate is that it is all about reassuring hard-line Brexiteers that the UK will be able to pull out of the backstop, which is in essence about the UK leaving the customs union. However, just-in-time manufacturers in the food, automotive and aerospace industries, which employ tens of thousands of people across the country and thousands in my constituency, have stressed time and again the importance of frictionless trade and the customs union with the EU and of avoiding no deal. Supermarkets have warned that a no-deal scenario and any delays at the border would put food prices up, and the car and aerospace industries have warned that delays at the border will destroy just-in time manufacturing. Indeed, because of the threat of no deal we have seen companies big and small already taking decisions to put investments on hold. We have had bad news from Nissan in Sunderland and terrible news about Honda, and BMW has said that no deal would lead it to shift production elsewhere. As my right hon. Friend the Member for Leeds Central (Hilary Benn) said, the car industry should be the jewel in the crown of our economy, but the Government’s irresponsible actions are putting that at risk.
Thirdly, I am not prepared to vote for a blindfold Brexit. The political declaration is vague and non-binding. We were told by Tory Brexiteers a couple of years ago that the trade agreement with the EU would be the “easiest in human history” but as Ivan Rogers, the UK’s former permanent representative to the EU, so eloquently put it only the other day:
“We cannot live in glorious isolation. Talk to the Swiss and to the Norwegians—they live in a permanent state of negotiation with the EU.”
To those who say that we should vote for the deal tonight so that we can get things over and done with and move on because people are fed up, I say that boredom is not a good reason for taking an important decision about the future of our country. The negotiations will go for years and years and years.
I hope that the deal is defeated tonight, and I hope that we then vote against no deal tomorrow. It would be the height of irresponsibility. We have heard the right hon. Member for Uxbridge and South Ruislip (Boris Johnson) and the hon. Member for Morley and Outwood (Andrea Jenkyns) actually recommending a no-deal Brexit, which would be catastrophic for jobs, livelihoods and the wider economy, but do not take that from me; take it from Jaguar Land Rover and from businesses up and down the country.
I will simply respond to the quite extraordinary comment of my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson), of whom I am a great admirer. He was a very good Mayor of London. However, we have to appreciate that he is the primary spokesman and advocate for the idea that basically we should now leave on WTO terms, and many thousands of people in my party look to him and admire him for that and think he is right, yet I asked him the most basic question about the WTO today and he got it wrong. In my view, he did not understand it.
My point is that when it comes to WTO tariffs, if we go to a WTO no deal, which many Conservative Members who vote against this deal tonight will want, we have to understand there are only two choices. We are not taking back control of other countries, only this one, so we cannot affect the tariffs levied on our exports; we can only control the tariffs on our imports. It is the devil and the deep blue sea. We can either have a policy of WTO most favoured nation tariffs on imports, which could mean inflation of up to 20% on many foodstuffs and other consumer goods, or we can take the approach I understand we will be announcing tomorrow if this deal is defeated, which is to have nil tariffs on most imports. That is described as unilateral free trade but, in my view, it is not unilateral free trade but the unconditional surrender of British industry and British farming.
I want to talk about British farming, because I understand that, within the schedule we are poised to announce tomorrow if we lose this vote, arable farming—wheat—will be set with a nil import tariff. That is not a minor detail in South Suffolk, because there are currently no shipments of wheat booked out of the port of Ipswich after 29 March. That is not “Project Fear” but absolute reality, because the WTO tariff on wheat is €95, or £80, a tonne. The max to be had for milling wheat is £180 a tonne. Nobody is going to buy that. Even if we get quota, it is €12 a tonne, but we will not get it because under the WTO—guess what?—although we may come to deal with the EU on quota, New Zealand, our other friends in the Commonwealth, Australia and the United States are protesting against it in the WTO. People have to understand that the WTO ain’t no panacea.
But there is a way we can influence the tariffs on our exports, which will otherwise be very high, and it is old-fashioned: we make a deal with other countries, because we cannot directly control them. We do not have sovereignty over their tariffs, so we make a deal. Under the deal before the House, the good news is that we will continue tariff-free and quota-free trade with our largest market. Let us be honest, some of my colleagues will vote against the deal because they are getting the same emails I do, which say, “Go for WTO. Go for no deal.” They have to understand that that means that we, as Conservatives, would be saying that within a matter days the desirable outcome is the return of tariffs—and all the red tape that comes with tariffs—and non-tariff barriers across the whole of British industry. Do we think that is a good idea, as the party of enterprise? It is madness, and it will be damaging and destructive.
Here is the good news. People talk about why we voted for Brexit and all the issues around sovereignty, and I profoundly believe, because I am by nature an optimist, that if we get a sensible deal—if this vote passes —we will be successful, and I will briefly explain why. We may be the fifth largest economy, but we are 22nd or 24th in GDP per head according to the World Bank and the International Monetary Fund. We are low ranking because we do not have the sort of sustainable growth in exports that gives the higher GDP per head that our competitors enjoy.
If we take a sensible deal that secures our industrial base so that we have some industry to make those trade deals, then and only then, once we have sorted out the border, can we start making those trade deals. We will become more export-oriented and, if we control immigration sensibly, including from outside the EU, we will eventually see higher GDP per head. To really get that, we need the investment to come with it. That needs certainty, which means voting for this deal, being confident and being optimistic about the negotiations that follow on the FTA. It means backing Britain and saying, “Do you know what? We can do this. We are confident. We don’t fear the backstop. It is a risk, but we don’t fear it. We are confident.”
I believe that if we pass the vote tonight, we will be a very successful country.
So we find ourselves with this deal today, but I have to say that it is not all about the backstop; some of us believe passionately that the Good Friday agreement should be defended and it should not just be left to other leaders across the EU27 to make that case. There are problems with this deal: parting with £50 billion of taxpayers’ money in exchange for no certainty on the future of what will come next; and the £40 billion a year in lost public service revenues that we are going to see for our schools, hospitals and other public services because of the austerity that will be created by that Brexit deal. We have the spring statement from the Chancellor tomorrow, when this will be the elephant in the room. The Chancellor will not talk about the Brexit effect on the public finances and the shadow Chancellor probably will not either—it will all be ignored.
There is a better plan, which is simply for Parliament to grow up, get a grip and decide on what terms of Brexit should be offered to the public in a public vote. We should of course extend article 50 at the European summit on 21 March to facilitate the time and allow us to go back to the public. That was precisely the amendment that the independent group tabled for today, and I hope that at some point this week we will be able to vote on this question of a public vote. After all, a people’s vote was the policy of the Labour party at its conference.
Has there ever been a time in our politics when we have been worse served by the leaderships of our main political parties? I commend those Back Benchers, some with very different views from mine, who have tried their best to navigate towards a solution. Many hon. and learned Members have put their backs into finding a solution, but they have found that the intransigence and tribalism of party politics has stubbornly stood in their way. We know that the Prime Minister is a prisoner of the ERG right wing on her side, but my patience with what was and has been going on in the Labour party has ended. I could no longer stay in the Labour party, standing by with its leadership enabling a Brexit that I know will hurt the livelihoods and jobs of our constituents. I say to my friends—
I took legal advice—I am grateful to Professor Peter Willetts, the emeritus professor of global politics at City, University of London—and eventually suggested to the Government that they use the device of a conditional unilateral declaration. It was met with some scepticism at first, but the campaign continued, and I am delighted that the Government have now issued a unilateral declaration.
The shadow Brexit Secretary and the Leader of the Opposition made it clear today that they believe the unilateral declaration is not watertight because the EU has not signed up to it. That is simply not true under international law. We are perfectly entitled under international law to interpret the treaty in the way that the parties appear to want to interpret it, which is that the backstop should be temporary. Once one of these conditional interpretative declarations—that is the term of art used—is issued, it can cease to have effect only if the other party to the treaty refuses to ratify that treaty. Not only has the EU not refused to ratify the treaty, but it has not objected to our declaration.
Our declaration makes it absolutely abundantly clear that there is nothing to stop us exiting the backstop if discussions break down. We do not have to prove a lack of good faith by the EU; we have simply stated in our unilateral declaration that there is nothing to stop us exiting the backstop if discussions break down. In paragraph 14 of the Attorney General’s report, he says that this is
“a substantive and binding reinforcement”
of our rights.
Now, of course there is a risk, but life is full of risks, and against the minimal risk of our being trapped in the backstop, which I believe to be minimal because we have issued the unilateral declaration and because of the stated desire of the parties, there is a much greater risk for us Brexiteers that tomorrow Parliament will block no deal, and that the next day Parliament will vote to extend article 50. For those of us who believe in Brexit and in delivering the will of the people, that is a far greater risk than the fairly small risk of our being trapped in the backstop forever. I appeal to my fellow Brexiteers: you may not like the deal, and it is not perfect, but it delivers Brexit. Let’s go for it.
For us, it has never been about the backstop, because we understand that this is a necessary consequence of a commitment that the UK Government have made to having no hard border, and we should value that commitment and we should value the Good Friday agreement. For all the energy in the discussions with the European Union since November, those discussions have been about the wrong question. The question should have been about not the backstop, but the future of our relationship with the European Union.
Our main objections to this agreement are that it leaves this country less empowered than we are at the moment, that it leaves us poorer than we would be otherwise, and, most of all, that there is no clarity on the future. The Prime Minister said so today. What is the answer to the car industry or the aerospace industry that says, “What does the future hold for us?” What is the answer to a young person who says, “What will happen to my rights in the future?” The Prime Minister told us today, after three years, that the answer is that there will be a spectrum of different outcomes. That is the answer: a spectrum of different outcomes. That is not good enough.
We have heard plenty about elites and the people in this debate, but there is nothing more elitist than driving through a withdrawal agreement while deliberately keeping from the people the true nature of the future relationship between the European Union and the United Kingdom after that happens, and that is precisely the strategy of the Government. Let me say to Ministers that if they lose the vote tonight and we are in the position of looking at an extension of article 50, let us not have a sterile debate about whether that is for one month, two months or a particular number of weeks. Let it be for a purpose. Let us recast this process so that we can level with the public about the choices that Brexit entails. Let us lay them out, all their pros and cons. We know the pros and cons of remaining; it is time that the choices and the trade-offs of leaving are laid out before the public. That is the opportunity of extending article 50, not simply another few weeks of the same parliamentary merry-go-round.
This House voted to trigger article 50, which gave a two-year notice period for us to leave, and it passed the European Union (Withdrawal) Act, which had the date when we leave in it. It is a failure of our politics and of leadership that we are in this position today where the choice before us tonight is, as far as I am concerned, an impossible choice: a choice between the deal, which is not a deal and does not deliver on our promises to the people of this country, and voting down a deal and risking all sorts of alternatives from those who want to thwart and delay Brexit and prevent it from ever happening.
It will only be when the history books of this period are written and the real truth comes out that we will fully appreciate what happened. All the people who have sought to undermine the Prime Minister in her negotiations, and the hindrance that that has caused, are directly responsible for why we are here today. There are also those who have maintained that no deal should be taken off the table, which has completely undermined our negotiating position, and those who have supported a second referendum, which has sent a message to the EU, saying, “If you give the UK a terrible deal, it will vote it down in another referendum and decide to stay in the EU.” The truth will come out one day, and then we will know exactly what has gone on to undermine these negotiations, but we are where we are tonight.
Here we are, 20 minutes before the vote, and I still do not know how to vote; I am still in a quandary. The choices before us tonight are between two wrongs—two things that I do not want to happen. It is an impossible choice. I will make a decision and vote tonight, but it is a choice that I do not want to make. One option—if you will excuse my language, Mr Speaker—is a turd of a deal, which has now been taken away and polished so that it is a polished turd, but it might be the best turd that we have before us. The alternative would be to stop Brexit all together, as some propose, and the risk of that happening is very real. That would be a complete denial of the people. When this House voted for a referendum, we put the decision in the hands of the people. We said, “You will make this decision and we will implement it.” The fact that we are where we are today is a failure of our politics, and every one of us needs to take responsibility for the British public’s view of this place today.
As I am faced with this impossible choice tonight, I just trust that we will deliver on the referendum and keep our word to the British people, and that—one way or another—we will leave at the end of this month.
We have listened to the debate over the past few months, and can extract many anomalies that go to the heart of the constitutional problem we find ourselves with today. There is a real risk that this Parliament is becoming a hollow Parliament—a Parliament that the Executive hold so low that they will not dare open negotiations with it, and whose votes the Executive choose to follow or choose not to follow. It is a Parliament that some right hon. and hon. Members have, in the very recent past, suggested be adjourned until after Brexit, and one to which the Executive will not grant Opposition days for fear of being forced to follow the will of the people’s elected representatives. It is a Parliament that the people look at and, like so many generations before, are starting to despair at. But I warn the Executive that this Parliament will bite back.
There is no majority for this identical deal, there is no majority for no deal and there is no majority to authorise this Executive to throw us over an economic cliff, to damage our culture, our communities and our future generations, and to lose respect for this country around the world and the respect that this country has for itself. If those who lead cannot act in the best interests of our country on the evidence that lies before us—not some historical prejudice—they should not be surprised if this Chamber bites back.
So here we are, finding ourselves with a meaningful vote in March. The right hon. Member for Loughborough (Nicky Morgan) mentioned the people’s vote, and said that it would risk breaking democracy and our politics. But it is interesting that we do not hear about the fraud, the investment and the attempts to buy votes in the original referendum. Why is that not damaging our democracy and our politics? It begs the question: what intellectual humility is needed to say that what the Government are doing is wrong, and to look at the facts that influence current thinking? I hope that it is not history, because history will judge this folly severely.
My predecessor had the pleasure of sitting in the Chamber for six hours to speak and vote when we went into the forerunner of the European Union—the organisation that we watched being created after world war two not for trade, but to keep the peace. Today we have heard from hon. Members about the Belfast/Good Friday agreement, which is about not trade, but keeping the peace. It is about keeping communities living, working and enjoying each other’s pleasure.
I will vote against the deal tonight not because of the Good Friday agreement, and not because of what was said about the economics during the referendum—that we were all going to be so much better off—but because of the young people in East Lothian whose futures are being damaged by this decision. There are people who say that there are hard Brexiteers and hard remainers, and that the reality lies somewhere in the middle. Well, tonight I declare my interest as a hard remainer, because that is where I think the future of East Lothian, the future of Scotland and the future of the United Kingdom is best suited.
The mood in the debate today has been lively at times, but also sombre. Members have clearly been contemplating what is likely to happen tonight. The theme has been clear, and has focused on what the Prime Minister said she could deliver—namely, legally binding changes to the backstop. As has been said many times in the debate, on 12 February the Prime Minister outlined her three options for achieving those legally binding changes to the backstop: either a legally binding time limit, a legally binding unilateral exit clause, or the ideas put forward by the alternative arrangements working group. Those commitments—those promises—have been repeated many times by the Prime Minister and by other Cabinet Ministers, so much so that for many Members of this House, not least Conservative Members, this has become a matter of trust. These were promises made by the Prime Minister to them, to Parliament, and to the country.
I have repeatedly raised the question of expectations—the concern that the Prime Minister was raising expectations that she could not fulfil. When I said that last week and the week before, Conservative Members challenged me, saying that I was not optimistic enough when I said that I did not think there were going to be legally binding changes. It is now obvious that the expectations, having been raised, have not been fulfilled and the promises have not been kept.
Among the problems for the Prime Minister and the Government has been that they have been living day to day, week to week—avoiding defeat today by promising something tomorrow. That was what happened on 10 December when the vote was pulled—the Government avoiding defeat by promising assurances on the backstop. It is what happened on 29 January when the Government voted for the so-called Brady amendment requiring that the backstop be replaced. It happened on 12 February when that promise was made about legally binding changes; and it happened two weeks ago when, facing possible defeat on a crucial motion, the promise was made that we would have the meaningful vote today, a vote on no deal tomorrow, and a vote on extension the day after. They were all promises made to avoid defeat today—promises for tomorrow. But as tonight’s vote is likely to show, today has caught up with tomorrow. There can be no more buying time.
I appreciate that in the last 24 hours, the Prime Minister has valiantly tried to argue that she has delivered on her promises and that there are significant changes, but that claim has been tested in argument in this House. There was always a temporary right to suspend the backstop under the withdrawal Act if the arbitration panel found a breach of good faith. That is not new—it has been there since 25 November. There was always a commitment that the backstop would not have to be replicated. That has been there since 14 January in the letter from Presidents Tusk and Juncker.
The announcement that the letter is legally binding was made last night, but the Prime Minister made it clear that the letter had legal force on 14 January, for the first vote. “Legal force” and “legally binding” are the only difference; it is dancing on the head of a pin. That claim has been tested in this debate, and the Attorney General delivered his opinion earlier, with the key conclusion in paragraph 19 of his advice being that there is “no internationally lawful means” of exiting the backstop, “save by agreement.” He could not have been clearer. The Attorney General made much play of the difference between political and legal issues, but the problem for the Prime Minister is that she promised legal changes.
The Father of the House challenged the Leader of the Opposition on the question of the backstop, and rightly so. I make it clear: we have always accepted the need for a backstop. Nobody likes the backstop, but it is inevitable. However, as the letter from President Tusk and President Juncker makes clear, the withdrawal agreement and the political declaration
“are part of the same negotiated package.”
“the Withdrawal Agreement and the Political Declaration…are part of the same negotiated package.”
Anybody who has read the legislation that we are voting under tonight will appreciate that the Government cannot move forward unless both the withdrawal agreement and the political declaration together are voted on tonight. It is a cheap point to simply say, “Well, since you accept that there is a backstop, you should vote for this tonight.” I will not accept it.
It is not just about the technical fact that the withdrawal agreement and the political declaration have to be voted through together. It is also about the fact that what happens today, given the promises, is as much about trust as it is about substance. I have never doubted the difficulty of the Prime Minister’s task or the way that she has gone about it. She has been right to refuse to listen to those who are casual and complacent about the need to avoid a hard border in Northern Ireland. But the reality is that the deal the Prime Minister has put before this House is deeply flawed. The future relationship document is flimsy and vague. It is an options paper. It is the blindest of Brexits.
I heard what the Prime Minister said today—she has said it before—about not being able to negotiate a trade agreement with the EU until we have left, and that is right. But she and I know what she promised: a comprehensive and detailed political declaration, ready to be implemented. That is why it was called an implementation period, not a transition period. That commitment to a detailed political declaration was made at the Dispatch Box by Brexit Secretaries on a number of occasions. This deal is not that; it is an abject failure. It does not protect jobs, living standards or rights. It will not deliver frictionless trade. The deal has already been rejected once by this House. It has been rejected by the Scottish Parliament and the Welsh Assembly. It is opposed by the TUC and the entire trade union movement. Every Opposition party in this House, and I suspect a good many Conservative Members, will oppose it tonight. This is a sorry outcome after two years of negotiations.
Mr Speaker, I want to end with this. I have been in the role of shadow Brexit Secretary for two and a half years; it often feels longer. Many predictions were possible back then, but I could not possibly have foreseen the scale of the calamity now upon us. The truth is that the Prime Minister has spent 24 months negotiating the deal, but the deal arrived at is a desperate attempt to keep her divided party together. It has failed even in that endeavour, and I believe it will be rejected by this House. This is a difficult moment for this House and for the country. We in this House should take no joy in the events that have unfolded. After tonight, the House will need to come together and find a way out of the mess that the Prime Minister and this Government have created.
Eight weeks ago, Parliament made it clear that, despite the benefits delivered by the deal, the deal must change. The Government have listened to the concerns of the House, and they have done that. They return to present a revised package, which my right hon. Friend the Prime Minister, my right hon. and learned Friend the Attorney General and I are putting to the House, that signals a moment in time when we can move forward and when the country can move forward. It delivers the certainty our businesses need, the guarantees our citizens seek and the protections requested across the House on workers’ rights and environmental standards. On Gibraltar, as the Chief Minister himself has said on many occasions, the Prime Minister has been absolutely clear that we stand behind British sovereignty for Gibraltar and that will never change. Above all, a vote for the deal tonight will deliver a wider global message that, when this country votes, respecting strongly held differences of opinion, its Parliament acts on that public vote.
In recent weeks, the Prime Minister and senior members of the Government have engaged widely: from trade unionists such as Len McCluskey to businesses, EU leaders, many colleagues across the House and even—on one occasion, when he finally got round to it—the Leader of the Opposition. Tonight, the Government present a package of measures that will extinguish the risk of no deal and remove the democratic threat posed by no Brexit. The fear of being trapped in the backstop and of the EU using its leverage in negotiations have been repeatedly raised in previous debates. I do not believe that the EU ever intended to approach our future relationship in bad faith. Indeed, it is a slight irony that those who say they are European suggest that the backstop and the EU acting in bad faith is a concern of theirs. It is certainly not my experience of dealing with them. We share values and we want to trade together, but we have to address that risk.
However, I think the issue to which my hon. Friend alludes is the exceptional circumstances that might change the basis on which the UK might enter into an agreement. For the clarity of the House, if the United Kingdom took the reasonable view, on clear evidence, that the objectives of the protocol were no longer being proportionately served by its provisions because, for example, it was no longer protecting the 1998 agreement in all its dimensions, the UK would first, obviously, attempt to resolve the issue in the Joint Committee and within the negotiations.
However, as the Attorney General said in the House today, it could respectfully be argued, if the facts clearly warranted it, that there had been an unforeseen and fundamental change of circumstances affecting the essential basis of the treaty on which the United Kingdom’s consent had been given. As my hon. Friend will know, article 62 of the Vienna convention on the law of treaties, which is reflective of the customary international law, permits the termination of a treaty in such circumstances. It would, in the Government’s view, be clear in those exceptional circumstances that international law provides the United Kingdom with a right to terminate the withdrawal agreement. In the unlikely event that that were to happen, the United Kingdom would no doubt offer to continue to observe the unexhausted obligations in connection, for example, with citizens’ rights. I hope that addresses the concern that was raised.
“can only inform…a political decision”.
Tonight, the House faces a political decision. We have a strong message from our business community that wants certainty. We have a message from our citizens who want to know their rights are protected. We are a country that stands by its legal obligations, which is why we will settle the financial settlement. But the reality is that we face a fork in the road. It is time to choose. It is time to support this deal. It is time for our country to move forward. I commend the motion to the House.
Question put,
The House proceeded to a Division.
Two weeks ago I made a series of commitments from this Dispatch Box regarding the steps we would take in the event that this House rejected the deal on offer. I stand by those commitments in full. Therefore tonight we will table a motion for debate tomorrow to test whether the House supports leaving the European Union without a deal on 29 March. The Leader of the House will shortly make an emergency business statement confirming the change to tomorrow’s business.
This is an issue of grave importance for the future of our country. Just like in the referendum, there are strongly held and equally legitimate views on both sides. For that reason I can confirm that this will be a free vote on this side of the House.
I have personally struggled with this choice, as I am sure many other hon. Members will. I am passionate about delivering the result of the referendum, but I equally passionately believe that the best way to do that is to leave in an orderly way with a deal, and I still believe that there is a majority in the House for that course of action.
I am conscious also of my duties as Prime Minister of the United Kingdom of Great Britain and Northern Ireland, and of the potential damage to the Union that leaving without a deal could do when one part of our country is without devolved governance. I can therefore confirm that the motion will read:
“That this House declines to approve leaving the European Union without a Withdrawal Agreement and a Framework on the Future Relationship on 29 March 2019; and notes that leaving without a deal remains the default in UK and EU law unless this House and the EU ratify an agreement.”
I will return to the House to open the debate tomorrow and to take interventions from hon. Members. To ensure that the House is fully informed in making this historic decision, the Government will tomorrow publish information on essential policies that would need to be put in place if we were to leave without a deal. These will cover our approach to tariffs and the Northern Ireland border, among other matters.
If the House votes to leave without a deal on 29 March, it will be the policy of the Government to implement that decision. If the House declines to approve leaving without a deal on 29 March, the Government will, following that vote, bring forward a motion on Thursday on whether Parliament wants to seek an extension to article 50. If the House votes for an extension, the Government will seek to agree that extension with the EU and bring forward the necessary legislation to change the exit date, commensurate with that extension.
But let me be clear: voting against leaving without a deal and for an extension does not solve the problems that we face. The EU will want to know what use we mean to make of such an extension, and this House will have to answer that question. Does it wish to revoke article 50? Does it want to hold a second referendum? Or does it want to leave with a deal, but not this deal? These are unenviable choices, but thanks to the decision that the House has made this evening, they are choices that must now be faced.
It is the duty of the Prime Minster, and of the Government, to act in all our national interests, and that means ruling out no deal. Then, we in the Scottish National party will be prepared to engage in discussion with the Government on securing an extension to article 50 that is long enough to enable this issue to be put back to the people. This afternoon, the First Minister of Scotland told the Prime Minister that in the event that the deal was voted down again, we would engage constructively on sensible proposals. Those proposals must include another EU referendum. Mr Speaker, can you advise me on what options are open to the House to bring such proposals forward swiftly in the interests of time? We have a responsibility to end the uncertainty for all our constituents and all our businesses.
Let me just say this: I hope it will be helpful to the House if I indicate, as I did in respect of today’s proceedings when I addressed the House last night, an advisory cut-off time of 10.30 am on Wednesday for manuscript amendments to tomorrow’s motion. My strong expectation, and I think I heard it, is that the motion for tomorrow, in accordance with normal practice, will be tabled tonight before the close of business, and there should be an opportunity for manuscript amendments up to 10.30 am tomorrow.
Amendments that reach the Table Office before the rise of the House tonight will appear on the Order Paper in the usual way, as those that were tabled before the close of business last night appeared on the Order Paper today in the usual way. The Table Office, which by the way we thank for its prodigious endeavours at this difficult time, will arrange the publication and distribution of a consolidated amendment list as soon as possible after 10.30 am on Wednesday, including all the manuscript amendments. I will announce my selection of amendments in the usual way at the beginning of the debate.
I hope that is helpful both to the right hon. Lady and, for that matter, to all colleagues.
If there are no further points of order, we can now conveniently come to the business statement by the Leader of the House.
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