PARLIAMENTARY DEBATE
New Partnership with the EU - 17 January 2017 (Commons/Commons Chamber)
Debate Detail
I would like to update the House on the Government’s plans for exiting the European Union. Today, the Prime Minister is setting out a plan for Britain. It is a plan to ensure that we embrace this moment of change to build a confident, global trading nation that seizes the new opportunities before it, and a fairer, stronger society at home, embracing bold economic and social reform. It is a plan that recognises that the referendum vote was not one to pull up drawbridges and retreat from the world, but rather a vote of confidence in the UK’s ability to prosper and succeed.
It is a plan to build a strong, new partnership with our European partners while reaching beyond the borders of Europe, too, forging deeper links with old allies and new ones. Today we set out 12 objectives for the negotiation to come. They answer the questions of those who have been asking what we intend while not undermining the UK’s negotiating position. We are clear that what we seek is that new partnership: not partial EU membership, not a model adopted by other countries, not a position that means we are half-in, half-out. Let me address each of our aims in turn.
First, we will provide certainty wherever possible while recognising that we are about to enter a two-sided negotiation. We have already made announcements about agriculture payments and student funding. Our proposal to shift the acquis—the body of EU law—into UK law at the point of exit is designed to make the process as smooth as possible. At the point of exit, the same rules and laws will apply, and it will then be for this Parliament to determine changes in the country’s interests, for we also intend to take control of our own laws and end the authority of the European Court of Justice in the UK. Laws will be made in this Parliament, and in the devolved Assemblies, and interpreted by our judges, not those in Luxembourg.
We will aim to strengthen the Union between our four nations. We will continue to engage with the devolved Administrations, and we will ensure that as powers are returned from Brussels to the UK, the right powers come to Westminster and the right powers are passed to Edinburgh, Cardiff and Belfast. Another key objective will be to maintain the common travel area between the UK and the Republic of Ireland. No one wants to see a return to the borders of the past.
In terms of immigration, we will remain an open, tolerant nation. We will continue to welcome the brightest and the best, and to ensure that immigration continues to bring benefits in terms of addressing skills shortages where they exist, but we will manage our immigration system properly, which means that free movement to the UK from the European Union cannot continue as before. We want to guarantee the rights of EU citizens who are already in this country and already make such a great contribution to our society, in tandem with similar protections for the rights of UK citizens in EU countries. We would like to resolve that issue at the earliest possible moment.
UK law already goes further in many areas than EU minimums, but as we shift the body of EU law into UK law we will ensure that workers’ rights are not just protected but enhanced. In terms of trade, we want to build a more open, outward-looking, confident nation that is a global champion for free trade. Membership of the EU’s internal market means accepting its four freedoms, in terms of the movement of goods, services, capital and people, and complying with the EU’s rules and regulations. That would, effectively, mean not leaving the EU at all, so we do not propose to maintain membership of the EU’s single market. Instead, we will seek the broadest possible access to it through a comprehensive free trade agreement with the EU. We want it to cover goods and services and to be as ambitious as possible.
This is not a zero-sum game. It should be in the interest of both the UK and the EU. It is in all our interests that financial services continue to be provided freely across borders, that integrated supply chains are not disrupted and that trade continues in as barrier-free a way as possible. Although we will seek the most open possible market with the European Union, we also want to further trade links with the rest of the world, so we will deliver the freedom for the UK to strike trade agreements with other countries. The Department for International Trade has already started to prepare the ground and it is clear there is enormous interest around the globe in forging new links with the UK.
Full membership of the EU’s customs union would prohibit new international deals, so we do not intend to remain part of the common commercial policy or to be bound by the common external tariff. Instead, we will seek a customs agreement with the EU with the aim of ensuring that cross-border trade remains as barrier-free as possible. Clearly, how that is achieved is a matter for negotiation.
The UK is one of the best places in the world for science and innovation, with some of the best universities in the world, so we must continue to collaborate with our European allies. When it comes to crime, terrorism and security, we will aim to further co-operation with EU countries. We will seek practical arrangements in these areas to ensure that we keep our continent secure and defend our shared values.
Finally, in terms of our exit, we have said repeatedly that it will be in no one’s interests for it to be disorderly, with any sort of “cliff edge”—the words used by the Opposition—as we leave the European Union. We intend to reach broad agreement about the terms of our new partnership with the EU by the end of the two-year negotiation triggered by article 50, but then we will aim to deliver an orderly process of implementation. That does not mean an unlimited transitional period where the destination is not clear, but time for both the UK and EU member states to prepare for new arrangements, whether that be in terms of customs arrangements, the regulation of financial services, co-operation over criminal justice, or immigration controls.
Those are the aims and objectives we set today for the negotiation to come. Our objectives are clear: to deliver certainty and clarity wherever we can; to take control of our own laws; to protect and strengthen the Union; to maintain the common travel area with the Republic of Ireland; to control immigration; to protect the rights of EU nationals in the UK and UK nationals in the EU; to protect workers’ rights; to allow free trade with European markets; to forge new trade deals with other countries; to boost science and innovation; to protect and enhance co-operation over crime, terrorism and security; and to make our exit smooth and orderly. That is the outline of an ambitious new partnership between the UK and the countries of the EU.
We are under no illusions: agreeing terms that work for both the UK and the 27 nations of the European Union will be challenging, and no doubt there will be bumps on the road once talks begin. We must embark on the negotiation, however, clear that no deal is better than a bad deal. As the Prime Minister has made clear today, the UK could not accept a punitive approach, so let me be clear that we do not expect that outcome.
We are confident that if we approach the talks in a spirit of good will, we can deliver a positive deal that works for the mutual benefit of all. It is absolutely in our interests that the EU succeeds, and it is absolutely in the EU’s interests that we succeed too. That will be one of our central messages: we do not want the European Union to fail; we want it to prosper politically and economically, and we will seek to convince our allies that a strong new partnership with the UK will help it to do that.
Our approach is not about cherry-picking; it is about reaching a deal that fits the aims of both sides. We understand that the EU wants to preserve its four freedoms and chart its own course. That is not a project that the UK will now be a part of, so we will leave the single market and the institutions of the European Union. We will make our own laws and decisions about immigration. Let me be crystal clear, if there has been any doubt: the final deal agreed between the UK and the EU will be put to a vote in both Houses of Parliament before it takes effect.
To conclude, we are leaving the European Union but we are not leaving Europe. We will continue to be reliable partners, willing allies and close friends with our European neighbours. We will be ready for any outcome, but we anticipate success, not failure. The UK will embrace its new place in the world with optimism, strength and confidence.
For many months Labour has been demanding the fullest possible access to the single market, emphasising the risks of leaving the customs union, arguing for a collaborative relationship with our EU partners, and emphasising the need for transitional arrangements and to entrench workers’ rights. Today the Prime Minister has rightly accepted those in her plan, and I acknowledge that, but she has given little detail about how that is to be achieved, and there are some unanswered questions and big gaps. In truth, it is a half-in, half-out plan.
Let me give an example. The Prime Minister says that she does not want the jurisdiction of the European Court of Justice, but she wants a comprehensive trade agreement. Sooner or later, she and others will have to face up to the fact that any such agreement will have a disputes resolution clause, and that will have to be independent of this country; it will not be by reason and resolution in the High Court in London according to English law. She has avoided fronting up to some of these essential questions.
If the Prime Minister achieves all that she has set out to achieve, she will fall far short of the hard Brexit that many businesses and trade unions have feared—the Brexit of no deal, a bare trade agreement, out of any customs union and at arm’s length from our EU relations. It is good that she has ruled out that hard Brexit at this stage. However, as she knows, setting out ambitions is the easy bit; delivery is much more difficult. She is taking the precarious course of taking the UK out of single market membership and changing the customs arrangements. That will cause concern to businesses, as the Secretary of State knows, and trade unions. The Prime Minister should have been more ambitious.
However, I accept that form follows function, so let me set out in terms what Labour will hold the Prime Minister to account for, as far as trade is concerned: tariff-free access to the single market; access to the single market unencumbered by impediment—that is what was in the exchange of letters with Nissan, and it is what all businesses want, and what all trade unions want for those dealing in goods and services; alignment of regulatory bodies to avoid dual bureaucracy or, worse, divergence; and a deal that works for goods and services. That is the test we set out today, the test we will return to throughout the negotiations, and the test to be applied when a deal is reached. That is why the concession on a vote at the end of the negotiations is significant. We have been demanding that for months, and it has not been given before today. It is significant because it means that we can ensure that those tests are met throughout the process and at the end.
The sting in the tail in this morning’s plan was the threat to destroy the economic model that has been in place for many decades if that ambition is not reached. That is a very serious threat. That model—a shared model on which there has been consensus for decades across this House—is designed to share prosperity, protect workers’ rights and improve living standards. There is no mandate for reckless disregard of that model and of so much of what this country stands for. The Prime Minister described that as resulting in self-harm for the EU. It would be an act of huge self-harm for the UK to abandon the economic model that we have had in place for so many years. It is also totally inconsistent with any meaningful commitment to workers’ rights and a fairer society. That threat—that sting in the tail—undermines the ambition in the plan that I recognise.
Let me touch on wider issues. The UK and the EU have hugely benefited from our collaborative work in the fields of criminal justice, anti-terrorism, research, medicine, science, technology, arts and culture, and much else. We should be seeking to preserve that collaboration, not destroy it, yet the Prime Minister said today:
“We do not seek to hold onto bits of membership as we leave.”
Let me give some examples of the bits that she should seek to retain—
It was the previous Prime Minister who got us to this place without any forethought or planning. This Prime Minister has now chosen a risky implementation plan. She owns the consequences now, in 2019 and beyond.
The hon. and learned Member for Holborn and St Pancras (Keir Starmer) is a very talented man, and his questions were as forensic as we would expect. He asked about membership of the single market, so we answered that. We laid out the claims on the customs union, which was another of his questions. He asked for detail to scrutinise the plan to see where we are going. Within the context of not undermining our negotiation, that is entirely what we have tried to do. I had hoped to see some Opposition Members support what we think is a responsible, thoughtful but realistic plan that takes on board the instruction that we have been given by the British people to take us out of the European Union, but in a way that preserves our interests as best we can, whether security interests, economic interests or whatever.
Let me deal with some of the specific points raised by the hon. and learned Gentleman. I will put aside my disappointment at the tone. He says that a free trade agreement will need to have a disputes resolution procedure. So it will; they nearly all do. It does not have to be the European Court of Justice, though. We can agree that he has just got the thrust of it wrong. As for the other things: tariff-free, I agree; impediment-free, I agree. Alignment of regulation? That may well be necessary in some aspects, but we will see as the negotiation develops. On goods and services, I agree. The hon. and learned Gentleman is not putting up any hurdle that, frankly, we do not intend to cross ourselves.
Now, on this question of threats, this was not a threat. It was the Chancellor saying in an interview, “Well, if you go down the route of a punitive approach, this is the consequence and this is what will happen.” Nations defend themselves. Nobody says it is what we want to do. It is specifically not what we want to do. We want the freest, most friendly possible relationship we can get, and that is what we will set out to do.
The other areas, including questions on matters such as criminal justice, home affairs issues and so on, will develop as we go through the negotiation. The Prime Minister is a very distinguished ex-Home Secretary—the longest-lasting Home Secretary in modern times—and she has as good a grip of our home affairs needs as the ex-Director of Public Prosecutions has. He can take it as read that we will, over time in this House and, most particularly, in the negotiating chamber with the Europeans, address all the issues he raised. I happen to think that they will have as much interest in resolving those issues as we do. The negotiation is predicated on us doing what is in the interests of everybody: ourselves, the Europeans and all our neighbours in our part of the globe. That is what we intend to do and what we intend to deliver on.
We know with certainty that Brexit means hard Tory Brexit. We do not know what it might be disguised as, but we know what it will be. Will the Secretary of State accept, even at this late stage, that the promises that he and Prime Minister made must be honoured? Exactly how does he propose to recognise the 62% remain vote in Scotland and the overwhelming—nay, unanimous—view in Scotland that our membership of the single market and free movement of people into and out of Scotland are essential for our wellbeing? Has he actually read the Scottish Government’s paper, “Scotland’s place in Europe”?
“the preservation of our precious Union at the heart of everything”.
In that spirit, may I ask the Secretary of State whether those parts of the country that are net beneficiaries of funds from the EU, such as Wales and Cornwall, will continue to get that level of funding so that they, too, can take advantage of the great opportunities ahead?
“may take in elements of current single market arrangements in certain areas”.
She continued:
“If so…it is reasonable that we should make an appropriate contribution.”
Will the Secretary of State today confirm that the Government are considering continuing to make a financial contribution on that basis to the EU?
Does the Secretary of State for Exiting the EU recognise that I, and thousands of others in Northern Ireland, will not be leaving the EU willingly? We recognise the very significant benefits that have flowed from EU membership. We hold EU passports and we intend to retain them. What arrangements will he make to accommodate the people like me and the 70% of my constituents who voted to remain in the EU and intend to retain the benefits? Will he, while he is at it, perhaps tell us how he intends Northern Ireland to have its voice heard at Joint Ministerial Committee meetings and in the negotiations generally over the next three months?
I do not want to go back to that very hard type of border, but the border is porous in South Armagh, and there is 300 miles of porous border. If we are not going back to the borders of the past, are the British Government proposing to outsource our immigration control to the Irish Government when it comes to Limerick, Dublin and Shannon? What are the British Government going to do? I hope that some light is thrown on this in this debate today, because I am so tired of hearing that soundbite: “No one wishes to return to the borders of the past.”
The question of when powers over rights are transferred or devolved after the great repeal Bill will be a key political issue. No one in Northern Ireland will trust the House of Commons with the dilution of rights before powers are devolved when any attempt to improve them can be vetoed by the Democratic Unionist party, as we have seen in the past. It would be like asking Attila the Hun to mind your horse.
I am most grateful to the Secretary of State for the experience of the last one hour and 46 minutes in which we could treat of these matters, and I am advised that no fewer than 84 Back-Bench Members had the opportunity to question the right hon. Gentleman. I hope there has been a decent exploration of the issues, and I congratulate the right hon. Gentleman on the strength of his knee muscles.
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