PARLIAMENTARY DEBATE
Brexit Negotiations - 11 December 2017 (Commons/Commons Chamber)
Debate Detail
I want to pay tribute to my right hon. Friend the Secretary of State for Exiting the European Union and our whole negotiating team for their calm and professional approach to these negotiations. We have argued robustly and clearly for the outcomes we seek: a fair and reciprocal deal that will guarantee the rights of more than 3 million EU citizens living in the UK and 1 million UK nationals living in the EU, so that they can carry on living their lives as before; a fair settlement of the accounts, meeting our rights and obligations as a departing member state in the spirit of our future partnership; and a commitment to maintain the common travel area with Ireland, to uphold the Belfast agreement in full and to avoid a hard border between Northern Ireland and Ireland while upholding the constitutional and economic integrity of the whole United Kingdom. Let me set out for the House the agreements we have now reached in each of these areas.
More than 3 million EU citizens make an extraordinary contribution to every part of our economy, our society, our culture and our national life, and I know that EU member states similarly value the contribution of the 1 million UK nationals living in their communities, so from the outset I have made protecting citizens’ rights my first priority. But for these rights to be truly reciprocal, they need to be interpreted consistently in both the UK and the EU.
The European Union started by wanting all EU citizens’ rights to be preserved in the UK by a prolongation of EU law. They said these rights should not require any UK process to implement them, and that they should be supervised by the Commission and enforced by the European Court of Justice. Those proposals were not acceptable. When we leave the European Union, our laws will be made and enforced here in Britain, not in Luxembourg. So the EU has accepted that we will incorporate the withdrawal agreement into UK law, and citizens’ rights will then be enforced by our courts—where appropriate, paying due regard to relevant ECJ case law, just as they—[Interruption.] Wait for it: where appropriate, paying due regard to relevant ECJ case law, just as they already decide other matters with reference to international law when it is relevant.
In the interests of consistent interpretation of citizens’ rights, we have agreed that where existing law is not clear, our courts—and only our courts—will be able to choose to ask the ECJ for an interpretation prior to reaching their own decision, but this will be a very narrow remit and in a very small number of cases, and unlike now the courts will not be obliged to do so; this will be voluntary. The case itself will always be determined by the UK courts, not the ECJ, and there will also be a sunset clause, so after eight years even this voluntary mechanism will end.
The end point of this process is very clear. EU citizens living in the UK will have their rights enshrined in UK law and enforced by British courts, and UK citizens living in the EU will also have their rights protected. The jurisdiction of the ECJ in the UK is coming to an end. We are taking control of our own laws once again, and that is exactly how it should be.
Let me turn to the financial settlement. Following some tough conversations, we have agreed the scope of our commitments and the principles for their valuation. We will continue to pay our net contributions under the current EU budget plan. During this time, our proposed implementation period will see us continuing to trade on current terms, and we will pay our fair share of the outstanding commitments and liabilities to which we committed during our membership. However, this is conditional upon a number of principles we have negotiated over how we will ultimately arrive at a fair valuation of these commitments, which will bring the actual financial settlement down by a substantial amount. This part of the report that we agreed on Friday, like the rest of it, is also subject to the general reservation that nothing is agreed until everything is agreed. This means we want to see the whole deal now coming together, including the terms of our future deep and special partnership, as I said in Florence.
These are the actions of a responsible nation honouring the commitments that it has made to its allies, having gone through those commitments line by line, as we said we would. It is a fair settlement for the British taxpayer, who will soon see significant savings compared with remaining in the European Union. It means we will be able to use that money to invest in our priorities at home, such as housing, schools and the NHS, and it means the days of paying vast sums to the European Union every year are coming to an end.
Our departure from the European Union presents a significant and unique challenge for Northern Ireland and Ireland, so it is absolutely right that the joint report makes it clear that we will uphold the Belfast agreement in full. This agreement, including its subsequent implementation agreements and arrangements, has been critical to the progress made in Northern Ireland over recent decades. Our commitments to those agreements, the principles that underpin them, the institutions they establish, and the rights and opportunities they guarantee remain steadfast. The joint report reaffirms our guarantee that there will be no hard border between Northern Ireland and Ireland. So much of daily life in Northern Ireland depends on being able to cross the border freely, so it is right that we ensure that no new barriers are put in place.
We have also been absolutely clear that nothing in this process will alter our determination to uphold the constitutional and economic integrity of the whole United Kingdom. It was right that we took time last week to strengthen and clarify the joint report in this regard, listening to Unionists across the country, including the Democratic Unionist party. On Friday, I reinforced that further by making six principled commitments to Northern Ireland.
First, we will always uphold and support Northern Ireland’s status as an integral part of the United Kingdom, consistent with the principle of consent. As our Northern Ireland manifesto at the last election made clear, the Government I lead will never be neutral when it comes to expressing our support for the Union.
Secondly, we will fully protect and maintain Northern Ireland’s position within the single market of the United Kingdom. This is by far the most important market for Northern Ireland’s goods and services, and Northern Ireland will continue to have full and unfettered access to it.
Thirdly, there will be no new borders within the United Kingdom. In addition to there being no hard border between Northern Ireland and Ireland, we will maintain the common travel area throughout these islands.
Fourthly, the whole of the United Kingdom, including Northern Ireland, will leave the EU customs union and the EU single market. Nothing in the agreement I have reached alters that fundamental fact.
Fifthly, we will uphold the commitments and safeguards set out in the Belfast agreement regarding north-south co-operation. That will continue to require cross-community support.
Sixthly, the whole of the United Kingdom, including Northern Ireland, will no longer be subject to the jurisdiction of the European Court of Justice.
As the joint report makes clear, our intention is to deliver against these commitments through the new deep and special partnership that we will build with the European Union. Should this not prove possible, we have also been clear that we will seek specific solutions to address the unique circumstances of the island of Ireland. Because we recognise the concerns felt on either side of the border, and we want to guarantee that we will honour the commitments we have made, we have also agreed one further fall-back option of last resort. If we cannot find specific solutions, the UK will maintain full alignment with those rules of the internal market and the customs union that, now or in the future, support north-south co-operation, economic co-operation across the island of Ireland and the protection of the Belfast agreement. The joint report clearly sets out that cross-community safeguards and consent are required from the Northern Ireland Executive and Assembly for distinct arrangements in that scenario, and that in all circumstances, Northern Irish businesses must continue to have full and unfettered access to the markets in the rest of the United Kingdom on which they rely. So there can be no question about our commitment to avoiding barriers both north-south and east-west.
We will continue to work with all Northern Irish parties and the Irish Government in the second phase of the talks, and continue to encourage the re-establishment of the Northern Ireland Executive so that Northern Ireland’s voice is fully heard throughout this process.
Finally, in my Florence speech I proposed an implementation period to give Governments, businesses and families the time they need to implement the changes required for our future partnership. The precise terms of this period will be for discussion in the next phase of negotiations. I very much welcome President Tusk’s recommendation that talks on the implementation period should start immediately and that it should be agreed as soon as possible.
This is not about a hard or a soft Brexit. The arrangements we have agreed to reach the second phase of the talks are entirely consistent with the principles and objectives that I set out in my speeches in Florence and at Lancaster House. I know that some doubted we would reach this stage. The process ahead will not be easy. The progress so far has required give and take for the UK and the EU to move forward together, and that is what we have done. Of course, nothing is agreed until everything is agreed, but there is, I believe, a new sense of optimism now in the talks, and I fully hope and expect that we will confirm the arrangements I have set out today in the European Council later this week.
This is good news for people who voted leave, who were worried that we were so bogged down in tortuous negotiations that it was never going to happen, and it is good news for people who voted remain, who were worried that we would crash out without a deal. We are going to leave, but we will do so in a smooth and orderly way, securing a new deep and special partnership with our friends while taking back control of our borders, money and laws once again. That is my mission. That is this Government’s mission. On Friday we took a big step towards achieving it. I commend this statement to the House.
This weekend, Cabinet members have managed to contradict each other. Some have managed to go even further and contradict themselves. We respect the result of the referendum, but due to the Government’s shambolic negotiations it is getting increasingly difficult to believe this is a Government who are even capable of negotiating a good deal for Britain. These negotiations are vital for people’s jobs and for our economy. Our future prosperity depends on getting them right. So let us hope that today we can elicit some uncharacteristic clarity from the Prime Minister.
First, on the financial statement, can the Prime Minister confirm the figure quoted by the Secretary of State for Exiting the European Union that we will pay between £35 billion and £39 billion in exit payments? After this weekend’s confusion, can the Prime Minister clarify whether this payment is conditional on securing a final deal, as the Brexit Secretary said, or whether it is an obligation for the UK to pay, as the Chancellor said? If it is conditional, how much is it? When can the Prime Minister publish a full breakdown of the settlement, and does she agree that the settlement should be audited by the National Audit Office and the Office for Budget Responsibility? Does she yet have any indication of what level of ongoing payments the UK will make to the EU for ongoing participation in joint EU programmes and ongoing membership of EU agencies?
Secondly, on the issue of citizens’ rights, can the Prime Minister confirm that the Government have agreed that the European Court of Justice will oversee the deal on EU citizens’ rights for the next eight years, and that the UK courts will have “due regard” to ECJ decisions indefinitely? Can she therefore update the House on her red line that there will be no future role for the ECJ? What will that mean for trade negotiations?
Importantly for British citizens living in EU countries, can the Prime Minister confirm that the Government’s negotiations mean that they will maintain all their existing rights indefinitely? Will she confirm today that UK pensions will continue to be paid and uprated for all British citizens?
Thirdly, on the complex question of the Irish border, there are again conflicting statements—this time between the Brexit Secretary and, of course, the Brexit Secretary. Can the Prime Minister confirm whether the deal reached last week is legally enforceable? Article 46 of the agreement seems pretty clear that it
“must be upheld in all circumstances, irrespective of the nature of any future agreement between the European Union and the United Kingdom.”
What does regulatory alignment mean? Does it mean the exact same rules, or different rules with similar outcomes? If it is the latter, who will adjudicate on whether those different rules are similar enough? Which policy areas are covered, and how long will regulatory alignment last? Is it only for the transition—the implementation period, as the Prime Minister calls it— or is it permanent?
Finally, on deadlines, the Government wasted time on phase 1, partly with a general election that I am sure the Prime Minister now regrets calling. The Government originally aimed for phase 1 negotiations to be complete in October. Then everything was ready for an announcement last Monday. Ultimately, we saw a rather fudged agreement late last week. Has this experience given the Prime Minister reason to consider dropping the unnecessary exit date of 29 March 2019 from the European Union (Withdrawal) Bill? I am sure the whole House—indeed, I think probably the whole country—would rather get the best possible deal a little bit later if it meant a better deal for people’s jobs and the economy.
The second phase of negotiations will have a huge impact on our relationship with our largest trading partner. The Brexit Secretary committed to deliver the “exact same benefits” as now. Does that remain the Government’s aim? I assume it does, as the Prime Minister has just said that the UK will maintain full alignment with the rules of the internal market and the customs union.
I have left the trickiest question till last. Can the Prime Minister explain what the Brexit Secretary actually meant when he said that he wanted to have trade relationships in the future that are CETA-plus-plus-plus? Can she explain what on earth he was talking about? [Interruption.] The Foreign Secretary is trying to bring clarity to the situation. I wish the Prime Minister well in adjudicating that debate.
I hope the next crucial phase of negotiations is not punctuated by the posturing, delays and disarray that have characterised the first phase. I am sure the whole country would welcome clarity from the Prime Minister on exactly what has just been agreed.
The right hon. Gentleman talks quite a lot about alignment. I set out our objectives for the Brexit negotiations very clearly in my Lancaster House speech, and I set them out further and in some more detail in the speech I gave in Florence. Meanwhile, the Labour party has had 12 different Brexit plans. In fact, the right hon. Gentleman has had so many Brexit plans he cannot even reach alignment with himself.
To answer the right hon. Gentleman’s questions, he started off by saying he wanted to uphold the referendum result. Later in his comments, however, he said he did not want to accept the leave date of 29 March 2019. We are leaving the European Union on that date. That is what the British people voted for, and that is what the Government are going to put in place.
The right hon. Gentleman asked about the financial settlement. We have agreed the scope of commitments, and methods for valuations and adjustments to those values. The calculations currently say that the valuation would be £35 billion to £39 billion, so the answer to his question is yes. He asked whether that was conditional on securing a deal. It is clear in the joint progress report, and I have repeated it in my statement just now, that the offer is on the table in the context of us agreeing the next stage and the partnership for the future. If we do not agree that partnership, then the offer is off the table.
The right hon. Gentleman asked how much we were going to pay into joint programmes. That is all part of the negotiation in phase 2, and it will be negotiated depending on the programme and depending on the agency, should we wish to remain part of it. He asked whether I would confirm that the European Court of Justice would oversee the rights of EU citizens for the next eight years. The answer to that is no, because it will not be overseeing the rights of EU citizens for the next eight years. I made it absolutely clear that citizens’ rights would be determined by the courts here in the UK. The right hon. Gentleman asked about the legal nature of that agreement. It will be brought into law in this country in the withdrawal and implementation Bill that will be presented to the House. He asked about the payment of pensions for UK citizens. Yes, that will continue. He asked whether the arrangements that were in place in relation to citizens’ rights in the ECJ would have an impact on other parts of the deal. Paragraph 41 of the joint report makes it very clear that this in no way prejudges discussions on other elements of the withdrawal agreement.
The right hon. Gentleman asked about alignment. What is necessary is that we have the same objectives. We may reach those objectives in different ways, but what we need to ensure—and this is not a theological argument; it is about the practical decisions that need to be made—is that the trade across the border between Northern Ireland and Ireland can continue, and that is what we will be looking at. The Taoiseach and I have been very clear in our discussions: we both believe that we should be working to ensure that that can be achieved through the overall agreement between the UK and the EU, and that is indeed what we should be aiming for.
The right hon. Gentleman asked about the trade deal, and about CETA-plus-plus-plus. We have always said that we are not looking for a deal that is Norway, and we are not looking for a deal that is CETA. What we are looking for is a deal that is right for the United Kingdom. Sadly, we know what a Labour approach to these negotiations would mean. It would mean paying the European Union billions of pounds every year in perpetuity. It would mean following EU roles with no say on them. It would mean no divergence whatsoever from EU rules in the future. It would mean zero control of immigration. I have to say to the right hon. Gentleman that that would not make a success of Brexit; it would be no Brexit at all.
Will the Prime Minister confirm that “nothing is agreed until everything is agreed” is a well-known phrase which means that details can be revisited once you have sorted out what the ultimate destination is, but which does not mean that you are going to tear everything up and start all over again on EU citizens and paying money and regulatory convergence if something goes wrong in the future? Will she confirm that we have settled the rights of EU citizens, that we know how we are going to calculate the financial obligation that undoubtedly falls on this country because of past commitments by British Governments, and that open borders do require some regulatory alignment in any country in the world if we are to have an open border—and we are committed to an open border between the Republic of Ireland and Northern Ireland, which in part, of course, means between the United Kingdom and the European Union?
My right hon. and learned Friend made the point at the end about trade deals, and he is absolutely right that in any trade agreement there is a necessity for both sides to agree certain regulations, rules and standards on which they will operate. This will be no different from that; it will be different only in the sense that we are already operating on—mostly—exactly the same rules and regulations as the European Union, so we start from a slightly different place than we would do if we were negotiating with another country.
“The commitments and the principles...are made and must be upheld in all circumstances”.
This morning, the Secretary of State hit the radio waves to reveal that the deal is “more than legally enforceable”. So, for the avoidance of any doubt, can the Prime Minister tell the House today that in no circumstances will we be returning to a hard border between Northern Ireland and the Irish Republic? Let us make that commitment in this House today.
Last week, we had the humiliating scene of the Prime Minister being forced out of the original deal by the DUP, and rushing back to London. The Government had to rewrite the agreement so as to reach the DUP’s approval. We really have to wonder who is running the UK: is it Arlene Foster or the right hon. Member for Maidenhead?
While Members on the SNP Benches welcome both sides moving into phase 2 negotiations, the next phase will be significantly tougher and it is essential that all Governments across the UK are fully involved in the negotiations on the UK’s future relationship with the EU—something that has not happened to this point. The provisions relating to Northern Ireland in the agreement raise major new questions over proposed UK-wide frameworks. Let me be clear: any special arrangements for Northern Ireland must now be available to all nations of the UK. The SNP will continue to speak with one loud and clear voice. The Prime Minister must commit today to keeping the UK in the single market and the customs union; to do otherwise would be catastrophic for jobs, workers’ rights, people’s incomes and living standards.
The right hon. Gentleman asks about the circumstances and anything that relates to Northern Ireland being given to Scotland. Northern Ireland is, of course, in a different position from Scotland: it is the only part of the UK that has a land border with a country that will remain in the European Union, and it is in fact already the case that there are a number of unique and specific solutions that pertain to the island of Ireland, such as the common electricity market and the single phytosanitary area. Various resolutions have already been put in place to recognise that physical relationship between Northern Ireland and Ireland.
The right hon. Gentleman asks yet again for the UK to stay in the single market and customs union. I said, again, in my statement that we will be leaving the single market and the customs union, and we will be doing that because we will be putting in place the vote that took place in 2016 to leave the EU. I repeat to the right hon. Gentleman: he talks about the statement I have made and the commitments of this Government, but it would be good for him to stand up and say he supports, as I have in this statement, the continued constitutional and economic integrity of the whole United Kingdom.
“the United Kingdom will maintain full alignment with those rules of the Internal Market and the Customs Union which, now or in the future, support North-South cooperation, the all island economy and the protection of the 1998 Agreement.”
Given that those words are prefaced by the words:
“In the absence of agreed solutions,”
can the Prime Minister please confirm to the House today that this crystal-clear commitment will apply in all circumstances, including if no trade deal is reached with the European Union?
“negotiations in the second phase can only progress as long as all commitments undertaken during the first phase are respected in full and translated faithfully in legal terms as quickly as possible.”
When are we going to get the legislation?
“may wish to participate in some Union budgetary programmes…post-2020”
as a third country. Is it likely that those programmes could include co-operation on the three S’s—security, scientific research and student exchanges?
“I will be cutting the best deal for the United Kingdom—all parts of it.”—[Official Report, 26 October 2016; Vol. 616, c. 281.]
On Sunday, the Brexit Secretary said that he would seek a trade deal that would be Canada-plus-plus-plus. Will the Prime Minister therefore identify the particular sectors referred to under “plus-plus-plus”?
“to do all it can to remain within or as close as possible”
to the EU’s rule book for the sector, the exports of which are worth £50 billion a year. What reassurance will the Prime Minister give to the association?
“In the absence of agreed solutions, the United Kingdom will maintain full alignment with those rules of the Internal Market and the Customs Union which, now or in the future, support North-South cooperation, the all-island economy and the protection of the 1998 Agreement.”
In making that undertaking, can the Prime Minister provide the reassurance that British people, businesses and public services are looking for—that she has finally closed the door to the disastrous no-deal scenario that so many Government Members have advocated?
The Prime Minister will know that many people in this country want us to get on with leaving the European Union, so what guarantee can she give that I will not have to suffer another significant birthday before that is achieved?
“You’re either in the customs union or you’re outside of it. It’s like you can’t be a little bit pregnant, so either there is customs clearance required or there isn’t”.
He is right, is he not?
“nothing is agreed until everything is agreed”,
which is in the joint progress report. It is language used by the European Union in relation to the negotiations going forward. One issue for EU citizens here has been the ease of the process of applying for settled status. The Home Office is developing that process and will bring it forward. It is very clear that it will be a very easy and light-touch process, so that nobody need have fears about the arrangements they will have to go through.
Last week the Irish Government showed the UK Government what effective negotiation looks like. Given that there was zero mention of any devolved Government in her 10-minute statement, may I ask the Prime Minister why the Irish Government have more influence on the UK’s position than the democratically elected Scottish Government?
“upheld in all circumstances, irrespective of the nature of any future agreement between the European Union and the United Kingdom.”
Can the Prime Minister confirm that that is absolute?
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