Agreements with Iceland, Liechtenstein, Norway and Switzerland

Steve Barclay Excerpts

Thursday 20th December 2018 Written Statements

[The Secretary of State for Exiting the European Union (Stephen Barclay)]

The UK has reached agreement with Iceland, Liechtenstein and Norway (the “EEA EFTA states”), and separately with Switzerland, to resolve the issues arising with those states from the UK’s exit from the European Union. The Government have been clear that their first priority as part of securing a smooth and orderly exit from the EU was to provide certainty for citizens. As such, we announced in February that we were seeking agreements with these countries, similar to the UK’s withdrawal agreement with the EU.

The EEA EFTA states participate in the single market and other EU-led initiatives. As a result, the agreement with them also addresses a small number of the other separation issues that we have agreed with the EU in the withdrawal agreement.

The EEA EFTA agreement will cover:

Citizens’ rights. As with part two of the withdrawal agreement, the agreement ensures that citizens falling within scope will have broadly the same entitlements to work, study and access public services and benefits as now.

Goods on the market, public procurement, intellectual property, and data protection. Provisions in this agreement broadly mirror the arrangements set out in the withdrawal agreement. Where necessary, small technical adaptations have been made, in line with existing technical differences between EU law and the EEA agreement.

Ongoing judicial proceedings. This will allow UK lawyers to continue to appear before the EFTA court in cases which are ongoing at the point of exit.

Police and criminal justice. These provisions broadly mirror the arrangements set out in the withdrawal agreement, but for the smaller subset of police and criminal justice matters in which Norway and Iceland participate.

Governance arrangements. As for EU citizens under the withdrawal agreement, EEA EFTA citizens will be covered by the Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA). A joint committee consisting of the UK and the EEA EFTA states will be established to oversee this agreement.

The agreement reached with the Swiss Confederation will lay out the arrangements for citizens when the current EU-Swiss free movement of persons agreement ceases to apply between the UK and Switzerland. This supports the ending of free movement after we leave the EU. The terms of this agreement protect the rights of Swiss citizens in the UK and UK nationals in Switzerland, ensuring that they can continue to contribute to their communities and live their lives broadly as they do now.

Together, these agreements will protect over 50,000 UK citizens living in these countries and nearly 30,000 citizens from these countries in the UK.

It is also the Government’s intention that the rights of these citizens would be protected in the event of a no-deal outcome with the EU. The citizens’ rights agreement with Switzerland already addresses this. We are discussing a separate citizens’ rights agreement with the EEA EFTA states for a no-deal scenario.

I will be depositing these agreements and explainers today in the Libraries of both Houses. The Government intend to sign both agreements before exit day and legislate for them through the EU (Withdrawal Agreement) Bill. Both agreements are subject to ratification processes in each of the relevant states, including the provisions of the Constitutional Reform and Governance Act (CRaG) 2010 in the UK.

[HCWS1220]

EU Withdrawal Agreement

Steve Barclay Excerpts

Tuesday 18th December 2018 Commons Chamber

[The Secretary of State for Exiting the European Union (Stephen Barclay)]

Notwithstanding the tone of the remarks by the right hon. Member for Ross, Skye and Lochaber (Ian Blackford), or indeed his conclusion asking the Prime Minister to stand down—in opening his remarks he asked the Prime Minister to stand here and reply—and notwithstanding the inherent contradictions at both the start and the end of his speech, I congratulate him on securing the debate. I recognise that this is an important issue and one on which I know, given that the Prime Minister took questions for two and a half hours yesterday, many Members wish to contribute. I shall therefore keep my remarks relatively brief, but I wish to address directly a number of the points raised by the right hon. Gentleman. He opened his speech by saying that there is a binary choice—

[Ian Blackford]

That’s what you are doing.

[Stephen Barclay]

I am slightly confused: I am simply quoting back to the right hon. Gentleman how he opened his speech, which he seems to be taking issue with. Members might be forgiven for having slightly lost the train of his argument, but let me remind them—

[Carol Monaghan (Glasgow North West) (SNP)]

rose—

[Stephen Barclay]

I understand why the hon. Lady does not want to hear her leader’s remarks quoted back, so will happily take her intervention.

[Carol Monaghan]

Does the Secretary of State understand the word “binary”? It means two parts, which means there are two choices. At the moment, the two choices open are deal or no deal. That is binary.

--- Later in debate ---

[Stephen Barclay]

I appreciate the hon. Lady’s pointing out the definition of “binary”. I was coming on to say that I think there is a third choice, to which the Prime Minister has repeatedly alerted the House: the risk of no Brexit at all. My point was that the right hon. Gentleman argued that there was a binary choice, while the substance of his remarks was to argue for a third choice. That seems to be an inherent contradiction in the case that he put forward. Notwithstanding that, he went on in the next section of his speech to talk about honesty. I do not think that the way to demonstrate honesty, particularly to the young electorate of which he spoke, is to say to that electorate, “We will give you a choice and respect that choice,” and then when the electorate deliver that choice to say, “Sorry, we are not actually going to honour that.” To me, that is not the way to approach a debate with honesty.

[Mr Nigel Evans (Ribble Valley) (Con)]

The referendum had the second largest turnout of any electoral exercise in the entire history of the United Kingdom, and we know that the result was a margin of 1.4 million, but when I listen to the Scottish nationalists speak it appears to me that not only do they want to say no to that result—the democratic wishes of the people of the United Kingdom—but to ignore completely the fact that more than 1 million Scottish people voted to leave the European Union. Does my right hon. Friend believe that they should have their voices heard as well?

[Stephen Barclay]

I very much agree with my hon. Friend. It is not just that SNP Members want to say no; they seem to say no to the decision of the electorate but yes to giving them a decision. They gave them a decision on the independence referendum but then said that they did not want to listen to it. There was then the decision on the EU referendum, but they say they do not want to listen to that, either.

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

Will the Secretary of State give way?

[Stephen Barclay]

Of course I will give way to the hon. Lady, but the point is that if one is talking of honesty and listening to the electorate, the starting point is to respect the decisions that the electorate take.

[Patricia Gibson]

Once again, we have a Tory Front Bencher or Prime Minister coming to the House and talking, because it suits them to talk, about the result of the referendum, but taking no cognisance of the fact that cheating occurred, according to the Electoral Commission, or of the fact that people were lied to about £350 million a week for the NHS. As the Secretary of State wants to talk about honesty, will he face up to the fact that people were lied to, as pointed out by the former Tory Prime Minister John Major?

[Stephen Barclay]

Far be it from me to keep pointing out contradictions, but the right hon. leader of the SNP began his remarks by saying that he wanted the Prime Minister to come to the Dispatch Box, and now we have interventions complaining about the fact that the Prime Minister has been coming to the Dispatch Box. If the hon. Lady would like to draw attention to the fact that the Government are committing an extra £20.5 billion a year to the NHS to ensure that it is fit for the future, I am grateful to her for doing so.

--- Later in debate ---

[Madam Deputy Speaker]

Order. [Interruption.] Order. We will have no more on this subject. The fact is that there are different interpretations of the actions of people in a Parliament other than this. I am satisfied that both sides have been heard, and that the facts are on the record. We will leave aside that point of order and allow the Secretary of State to continue with his speech.

[Stephen Barclay]

One could be forgiven perhaps for being confused over the SNP’s position on these matters, because no doubt the electorate are also confused. They were told in 2014 that there was a vote to listen to the Scottish people. The Scottish people duly spoke and said that they wanted to be a part of the United Kingdom, and now the position appears to be to no longer listen to the Scottish people and to ignore their views.

[Several hon. Members rose—]

[Stephen Barclay]

I shall take two more interventions and then I will make some progress.

[Douglas Ross (Moray) (Con)]

I thank the Secretary of State for giving way as I was not afforded the courtesy of being able to intervene on the right hon. Member for Ross, Skye and Lochaber (Ian Blackford). As he spoke about the 2014 referendum on Scottish independence, he set out to the House how great the White Paper was that the SNP had produced. The SNP no longer stands by its White Paper on Scottish independence. Does that not just show what the SNP is all about? It is not even worth listening to, because what it speaks about, not even it can defend.

[Stephen Barclay]

I am grateful to my hon. Friend for his intervention. It is perhaps not a surprise that, notwith- standing its 800 pages, one could finish reading it and still be left confused as to what the SNP’s position is.

[Mark Pritchard (The Wrekin) (Con)]

I am grateful to the Secretary of State for giving way. It is good to hear him have at least a few sentences before being interrupted by the SNP. Does he envisage any circumstances in which the Government might revoke article 50—a de facto extension of article 50—in order to give the Government more time to prepare for a World Trade Organisation-terms Brexit, or to prepare for a better deal given by Europe to the United Kingdom? Does he envisage any such circumstances within, perhaps, the next two months?

[Stephen Barclay]

I am grateful to my hon. Friend; he raises a point of substance. The point is that the court case was clear that one cannot revoke as a temporary measure with a view to the circumstances to which he alludes. That actually is not within the scope of what the court case says. I will come on to that if I get a chance to progress further in my remarks.

Let me pick up on a further point that the right hon. Gentleman made at the opening of this debate. He said that we should not be spending money on no-deal planning. Well, the reality is that I would prefer not to be spending money on no-deal planning.

[Ian Blackford]

On a point of order, Madam Deputy Speaker. I ask for your guidance, because I think it is important that we are all honest in this place. If anyone looks at the record, they will see that what I did say was that we are wasting money on no deal that should be invested in frontline services. The Secretary of State has a duty to make sure that he is correct.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. Again, I am not the adjudicator of whether what any Member says here is correct as far as other Members are concerned, but it is my duty and my intention to make sure that the facts and the truth are always on the record. I am quite sure that the Secretary of State will deal with that point.

[Stephen Barclay]

I am grateful to you, Madam Deputy Speaker, for your clarification. I am very happy to stand by that clarification. I thought that the substance of what the right hon. Gentleman was saying—I realise that there was a lot of confusion over his speech—was that he was not in favour of spending money on no deal preparations. I thought that was the kernel of his point. Perhaps he is in favour of spending money on no deal preparation.

[Ian Blackford]

indicated dissent.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

rose—

[Stephen Barclay]

I give way to my hon. Friend with pleasure.

[Alec Shelbrooke]

I am grateful to my right hon. Friend for giving way. Perhaps he can shed some light on the confusion that I feel following the right hon. Gentleman’s speech. He spoke of wanting a second referendum and a people’s vote, but he said that he did want no deal on it, and he did not want the deal on it. Can we have a referendum with just one question on it, which is to remain?

[Stephen Barclay]

My hon. Friend points to how one might achieve that unicorn, which is to end the uncertainty over the SNP’s position. Notwithstanding the fact that it is a waste of money to have multiple referendums—that waste of money is obviously acceptable whereas other ways of wasting of money are not—I simply draw the attention of the House to the fact that the best way to avoid incurring the cost of no deal is to back the Prime Minister’s deal.

[Alan Brown]

rose—

[Stephen Barclay]

I want to make some progress. I have taken a fair number of interventions. I did start by saying that I was very conscious that many Members would want to come in on the debate. The first two speeches have taken quite a bit of time, so I should probably crack on.

The responsible act of a Government is to prepare for the contingency of a no deal, but it is absolutely our priority to secure a deal, and that is what the Prime Minister continues to work day and night to do.

Let me make some progress. As the Prime Minister set out yesterday, we intend to return to the meaningful vote debate in the week commencing 7 January and to hold the vote the following week. As I will set out, that is consistent with our crucial next step of responding to the concerns expressed by MPs on the backstop and I make no bones about accepting, as the Prime Minister has done, that the deal that the Government secured was not going to win the support of the House without further reassurance, and that is the message that the Prime Minister has been clear about in her meetings and communications with EU leaders.

At last week’s European Council, the Prime Minister faithfully and firmly reflected the concerns of this House over the Northern Ireland backstop.

In response, the EU27 published a series of conclusions, making it clear that it is their

“firm determination to work speedily on a subsequent agreement that establishes by 31st December 2020 alternative arrangements, so that the backstop will not need to be triggered.”

The EU27 also gave a new assurance in relation to the future partnership with the UK to make it even less likely that the backstop would ever be needed, by stating that the EU

“stands ready to embark on preparations immediately after signature of the Withdrawal Agreement to ensure that negotiations can start as soon as possible after the UK’s withdrawal.”

EU leaders could not have been clearer; they do not want to use this backstop. The conclusions from the European Council go further than the EU has ever done previously in trying to address the concerns of this House. Of course, they sit on top of the commitments that we have already negotiated in relation to the backstop. Let us remember the real choice, which is between the certainty of a deal and the uncertainty of the alternatives.

[Rebecca Pow (Taunton Deane) (Con)]

Does the Secretary of State agree that the best way to provide security for the economy is to agree the deal? We heard a great deal from the right hon. Member for Ross, Skye and Lochaber (Ian Blackford) about jeopardising jobs and people losing jobs. If we agreed the deal and the Prime Minister could get some security over the backstop, it would provide the greatest security for jobs that we could give the whole nation, including the Scottish.

[Stephen Barclay]

I am sure my hon. Friend speaks for the vast majority of businesses in Taunton Deane and elsewhere in the United Kingdom that want the certainty of a deal, the benefits of an implementation period that allows businesses to continue trading as now until the end of 2020, and the many other benefits secured by this deal, including a skills-based immigration system, the protections for 3 million EU citizens living in the UK and over 1 million UK nationals living in the EU, an end to spending vast sums of money and control of our fishing policy.

[Anna Soubry]

I am very grateful to the Secretary of State for giving way; it is good of him to take so many interventions. By the way, I would like publicly to congratulate him on his appointment.

The difficulty with the argument about the so-called deal and trade is that we do not have the promised deal on trade. The promised certainty, particularly in relation to frictionless trade, is not in the withdrawal agreement, which is fixed in law and will be in the treaty, but in the political declaration, which can be ripped up by either side once we have left. The certainty that business is crying out for is unfortunately not delivered by the Prime Minister’s withdrawal agreement.

--- Later in debate ---

[Stephen Barclay]

My right hon. Friend speaks with great passion on this issue and she is right about the importance of certainty. First, many businesses particularly value the certainty of the implementation period that is delivered to 2020. Secondly, it was interesting that many people who were critical of the Prime Minister over the joint statement in December 2017, which was a political declaration, were critical on the basis that it was binding. Some of the same critics now criticise the political declaration reached alongside the withdrawal agreement because they argue that it is not binding. There is an inconsistency there.

What is clear, as the Attorney General has set out to the House in a series of statements and questions, is the legal wiring that exists between the withdrawal agreement and the political declaration, giving the framework on which the future economic relationship will be based. That will give us confidence as we move forward into the second phase.

[Wera Hobhouse]

The Secretary of State has just mentioned the political declaration last December. Clearly what was legally binding was the backstop, about which everybody is now very unhappy because the political declaration is not legally binding. The right hon. Member for Broxtowe (Anna Soubry) is absolutely right that that creates worry and uncertainty. The certainty is the backstop. The Government need to come clean and be honest with everybody—Conservative Members and the public—that the backstop is legally binding.

[James Heappey (Wells) (Con)]

At least we’re here!

[Stephen Barclay]

The hon. Lady is correct that a backstop will be required in any deal that is reached with the European Union, but as my hon. Friend the Member for Wells (James Heappey) commented from a sedentary position, on an issue of such importance to the Lib Dems, it is good that the hon. Lady—unlike any of her Lib Dem colleagues—is actually in the House to make that point with such conviction.

[Hilary Benn (Leeds Central) (Lab)]

I am very grateful to the Secretary of State for giving way; he is being characteristically generous.

We read that the Cabinet is now stepping up preparations for no deal, and the Government have quite rightly given a commitment to the more than 3 million European citizens here in the UK that their rights will be protected in that eventuality. Will the Secretary of State tell the House what assurance he or his predecessors have received from the other member states about the position of the 1.2 million Brits who may find themselves without rights in those circumstances?

[Stephen Barclay]

Let me first pay tribute to the right hon. Gentleman for his work through the Exiting the European Union Committee. He will be aware of a number of the public statements that have been made—for example, in respect of the French position on safeguarding the rights of UK nationals in Europe. However, he points to the wider point about the best way to secure the rights of our own nationals in the EU, which is through the deal that the Prime Minister has agreed.

The right hon. Gentleman will be familiar with the written ministerial statement that I tabled about the position of EU citizens in the UK, which this House has long debated. As a former Health Minister, I am very conscious of the hugely valuable role that EU citizens play in our NHS, as in many other parts of our business and public life. We have made that unilateral declaration, but the right hon. Gentleman is correct that that has not been offered in all the 27 member states. Obviously that is an area of focus for us. A number of statements have been made, but the deal is the best way of securing those rights for UK nationals.

When the Prime Minister entered into this negotiation, she was told that there was a binary choice between two off-the-peg models—what are colloquially known as the Canada option and the Norway option—yet she has secured a bespoke option. From listening to this House, we have heard loud and clear the concern about the backstop element of the deal, notwithstanding the fact that there is no alternative deal that would not bring a backstop. The right hon. Member for Ross, Skye and Lochaber is an experienced parliamentarian, but he must know that it is not an option for Scotland to remain in the single market when the people of Scotland voted to remain in the United Kingdom, and that United Kingdom is leaving the European Union.

The truth is that there are three deals on offer, including the deal that the Prime Minister has secured and the option of no deal, which is not desirable. It is worth pointing out to the House that although the Government are preparing extensively for the consequence of a no deal, not all the factors that affect a no deal are within the Government’s control, as the situation is affected by what businesses themselves do and what other member states do.

[Alan Brown]

Will the Secretary of State give way?

[Stephen Barclay]

I am conscious of time, so I want to wrap up.

Cabinet members met today to discuss how, as a responsible Government, we are preparing for that possibility, which—like it or not—remains a risk that this House runs if it does not support a deal.

[Owen Smith (Pontypridd) (Lab)]

I am very grateful to the Secretary of State for giving way; he is being very generous. He says that he does not seek a no-deal scenario, and I completely take him at his word, but he equally says that a responsible Government are preparing for that possibility. Can he remind the House how big a fall in our GDP there would be if we went down that route? I recall that it is around 10%. That is about £200 billion per annum. Is it responsible to even countenance that? I do not think it is.

[Stephen Barclay]

As the hon. Gentleman knows, the Treasury Committee looked at the economic impact of the various models, and the modelling of a no-deal scenario shows a far worse impact than that of a deal. That is exactly why we are seeking a deal.

Members need to accept that it is not enough for them to be opposed to things when the default position of being opposed to everything means that the risk of no deal increases. Advocating a further referendum is not a realistic option. One reason for that is the interplay with the timing of the European Parliament elections, which act as a significant constraint on the ability to have a second referendum. A second referendum would also be a significant risk to our Union, as it would be the excuse that the SNP and others would use to call for a second Scottish referendum.

This deal will come back to this House in the new year, when we have had time to respond to the concerns expressed to date and hold further discussions with the EU27. There is broad support across the House for much of the deal. It is a good deal, the only deal, and I believe it is the right deal to offer to the country. I hope that Members of this House will look again at the risks to jobs and services of no deal, and the risk to our democracy of not leaving, and will choose to back the deal when it returns to the House.

Points of Order

Steve Barclay Excerpts

Monday 10th December 2018 Commons Chamber

[Mr Speaker]

The Secretary of State might choose to respond, and I think it quite proper that he should be able to do so.

[The Secretary of State for Exiting the European Union (Stephen Barclay)]

Further to that point of order, Mr Speaker, what I was making clear was the similarity in position between that taken by Her Majesty’s Government and that by the Commission. Similar arguments were made by the Commission to those of the Government. Indeed the European Commission raised doubts as to whether the proceedings were admissible. That was the point that I was seeking to make to the House and I am very happy to clarify any comments if that is helpful

[Joanna Cherry]

rose—

[Joanna Cherry]

Further to that point of order, Mr Speaker. It really is very simple. If the Secretary of State looks at paragraph 38 of the Court’s judgment, he will see the position taken by the Council and the Commission. If he looks at paragraph 43, he will see that the UK Government did not take a position. Now, I know that we are in a parallel universe here at the moment, but is the Secretary of State seriously disputing what the judgment says? If not, will he simply acknowledge that I am right about this and he is wrong?

[Stephen Barclay]

Further to that point of order, Mr Speaker. As I say, there is a similarity in positions. We can all cherry-pick different bits out of the judgment in isolation. What matters is the substance of the article and the substance of this. There was a similarity in the points raised and that is what I made clear.

[Mr Speaker]

To the hon. and learned Member for Edinburgh South West (Joanna Cherry), who effectively asked me what restitution was available to her in the event that the Secretary of State did not clarify the matter to her satisfaction—that is to say, did not issue a correction—I would simply say that on this point, we have to leave it there. It is not for me to seek to insist on a correction; that is not within the power of the Chair. Perhaps I may say, in a moderately jocular spirit as we approach the festive season, that for my own part—this view may be more widely shared by colleagues—I greatly welcome the free legal advice provided by the hon. and learned Lady, as she is a QC, not least in the light of the fact that she referred to QCs earlier and the fact that their services tend not to come cheap.

EU Exit: Article 50

Steve Barclay Excerpts

Monday 10th December 2018 Commons Chamber

[The Secretary of State for Exiting the European Union (Stephen Barclay)]

With permission, Mr Speaker, I will make a statement on the judgment issued by the European Court of Justice this morning on the Wightman case.

Today, the European Court of Justice has delivered its judgment on the question of the revocability of an article 50 notice. The Court has found that the UK has the right, in accordance with its constitutional requirements, unilaterally to revoke the notification of its intention to withdraw from the EU. We note the judgment from the European Court, the role of which is to provide rulings on the interpretation of EU law. The judgment clarifies the law, but it does not in any way change our policy. That the Government know this course is possible, just as many undesirable actions are possible, does not change the fact that such an approach is hypothetical and the Government have no intention of doing so.

The Government’s firm and long-held policy is that we will not revoke the article 50 notice. That position has not changed. To do so, or to hold a second referendum, would be to undermine the result of the 2016 referendum and the professed will of this House to give effect to that result. The House voted to hold the referendum and promised to deliver it. Five hundred and forty-four Members of this House voted to give the British public their say, with just 53 opposed. Almost three quarters of the electorate then took part in the 2016 referendum, resulting in 17.4 million votes to leave the European Union. That is the highest number of votes cast for anything in UK electoral history, making this referendum the biggest democratic exercise in our history. The House then voted again to empower the Prime Minister to notify under article 50, and voted yet again to repeal the European Communities Act 1972.

The Government remain focused on their task, on their mandate and on delivering a deal that honours the 2016 referendum result. We will be leaving the EU on 29 March 2019. I commend this statement to the House.

[Jenny Chapman (Darlington) (Lab)]

I thank the Secretary of State for advance sight of his statement.

Yesterday, Andrew Marr asked the Secretary of State whether the meaningful vote was going to be delayed, and the Secretary of State said:

“The vote is on Tuesday. That is what we’re focused on.”

I know he is the new boy on the block and is very keen to impress his new boss but, like his two predecessors, I fear he has been left out of the loop. Seeing as we all have a bit more time this evening and tomorrow, can I ask when he learned that the meaningful vote would not take place tomorrow?

It has been reported that the requirement for the Government to make a statement to this House on no deal by 21 January will no longer apply following the Prime Minister’s decision to defer the vote. Can the Secretary of State clarify whether this is or is not the case? If he has not already done so, will he seek legal advice on this matter and make an urgent statement to the House tomorrow? The Government’s incompetence is not an excuse to threaten this country with no deal.

Turning to the substance of the Secretary of State’s statement, this is an important and clear judgment from the European Court of Justice and it makes three points. First, that article 50 can be unilaterally and unconditionally revoked. Secondly, that doing so would mean the terms of our European Union membership are unchanged. Thirdly, that revocation could bring the withdrawal procedure to an end. We welcome the clarity this ruling has brought.

The Government sought to block the case from even being heard by the European Court. Can the Secretary of State confirm how much taxpayers’ money was spent on trying to obstruct this predictable decision? Can he also make it clear that, if article 50 is extended due to the Government’s failure to negotiate a deal by the end of March, the Court ruling states that the UK could still unilaterally revoke article 50?

We have always been clear that the revocability of article 50 is a political matter, not a legal one. Today’s ruling underlines that. This country is yearning for political leadership from Ministers. Is it not the case that a Government cease to function when they are too scared to put votes to this House? This is a Government in name only.

[Stephen Barclay]

The Prime Minister addressed the first point in full detail over the course of two and a half hours. On the substance of the remarks by the hon. Member for Darlington (Jenny Chapman), she will know the judgment is very clear that revocation would need to be unequivocal and unconditional. The question for her and for the Labour Front Bench is how serving such a notice could be in any way compatible with the manifesto on which Labour stood at the last election. Labour made a clear commitment to its electorate, many of whom voted to leave, that it would not seek to revoke article 50 and that it would honour the terms of the referendum. The Government’s policy has not changed. What Labour needs to address is whether its policy has changed.

It is a matter of policy that we will not revoke article 50, and therefore this is a hypothetical question. Of course the Government made their case, as they always will, in the courts, but our policy has not changed. The question for the Labour Front Bench is: has theirs?

[Mr Kenneth Clarke (Rushcliffe) (Con)]

As I have listened to today’s proceedings, the chances of the Government ever getting their withdrawal agreement approved by this House seem to me to be quite slight. I cannot think of any assurances the Prime Minister will get in Brussels that would change that most unfortunate situation.

I am sad that the whole thing has not been contrived to save the House from my making a speech tomorrow, in which I would have supported the withdrawal agreement. The situation is grave because, with no withdrawal agreement, we are going towards 29 March and we will leave with no agreement at all, because there are no signs of any alternative emerging. Article 50 has to be looked at.

Does my right hon. Friend agree that article 50 could only be suspended for two or three months? There are legal problems in deferring it any longer. Although the majority of Members regard themselves as bound by the opinion poll, or referendum, we held in 2016, in which absolutely none of the circumstances we are now talking about were remotely discussed with the public before the vote was taken, is it not obvious that the Government should start considering revoking article 50 to save us from the disastrous consequences of leaving with no deal? It would be disastrous for our economy, our businesses, our employment and many other things. If anybody can ever put this shambles back together again and wants to resume the process of leaving the European Union, they could go ahead and see if a future House of Commons is more receptive than this one has been.

[Stephen Barclay]

rose—

[Mr Speaker]

Order. Before the Secretary of State replies. Can I just say to the right hon. and learned Member for Rushcliffe (Mr Clarke) that I hope he derives some succour from knowledge of the fact that he has, at least, delivered a fair share—it is not for me to say precisely what share—of the speech to which he would have treated the House tomorrow if he had had the opportunity to do so?

[Stephen Barclay]

I am sure that I and many in the House would have much enjoyed hearing the remarks of my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke). To be fair, he has always been consistent. He did not vote for the referendum, and he has always taken the view that this House should decide, but many others in this House did vote for the referendum, and they also voted by a very substantial majority to trigger article 50.

The crux of the issue is that the Government’s policy has not changed. We are not going to revoke article 50, but if the Labour party is flirting with doing so, it needs to square that with the manifesto on which it stood at the last election.

[Joanna Cherry (Edinburgh South West) (SNP)]

I thank the Secretary of State for his statement.

I am proud to be one of the six Scottish parliamentarians who took this action through the Scottish courts and all the way to the Court of Justice of the European Union. I did it with an SNP colleague, two Labour colleagues and two Scottish Green colleagues, which shows the strength of cross-party working and what can be achieved when the Opposition work together. I also thank Jo Maugham, QC—he was also one of the petitioners —the Good Law Project and those who crowdfunded this litigation.

The UK Government fought us every inch of the way, including attempting an unconstitutional appeal to the UK Supreme Court. No appeal to the Supreme Court lies in Scots law for an interim decision of the Inner House, so quite a lot of money was wasted on that unconstitutional appeal.

I have a number of questions for the Secretary of State. First, why were the Government so desperate to prevent parliamentarians and the public from knowing what we now know, which is that article 50 can be revoked and we can stay in the European Union on our current terms and conditions? I invite him again to answer the question asked by the hon. Member for Darlington (Jenny Chapman). How much taxpayers’ money was spent attempting to keep this House and the public in the dark? I sat through a fair number of the court hearings, and I can tell hon. Members and the public that the UK Government had a veritable array of silks lined up on a daily basis, which does not necessarily come cheap.

The Secretary of State keeps saying that the question is hypothetical. If he has read any of the judgments of the Court of Justice or the Scottish courts, he will see that it has been ruled that the question is not hypothetical. It has been ruled that it is not for the UK Government to decide whether to revoke article 50 and that, as a matter of the British constitution, it is for this House to do so. Does he accept the view of Scotland’s most senior judge, the Lord President, Lord Carloway, that constitutionally it is for the House of Commons to revoke article 50, not the Government? The Secretary of State also says it is not Government policy to revoke article 50, but can he tell us what Government policy is at present? It is not at all clear to me today.

Finally, if the Prime Minister really does believe in this deal and that it is such a great deal for the United Kingdom, why do she and her Government not have the courage of their convictions and put it to a vote so that people across the United Kingdom can choose between it and remaining in the European Union on our current terms and conditions?

[Stephen Barclay]

The hon. and learned lady started by asking why the Government took this position. The position taken by the Government was the same position as taken by the Commission—

[Joanna Cherry]

On a point of order, Mr Speaker.

[Mr Speaker]

Order. We cannot have a point of order at this stage. I will come to the hon. and learned Lady at a suitable juncture, and she will have an opportunity to make her point.

[Stephen Barclay]

We will come further to that point.

The second point the hon. and learned Lady made was that legal fees are not cheap. She needs to answer, therefore, why a case was brought on something that clearly is not Government policy and that the Government have no intention of applying. Therefore, it is a hypothetical case; this is something that the Government do not intend to pursue.

The hon. and learned Lady also asked what Government policy is on this issue. The Government’s policy is extremely clear: it is to deliver on the biggest democratic vote in our country’s history and ensure that we leave on 29 March next year.

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I do not think many people were really in much doubt that this was going to be the judgment of the Court; it was always pretty clear, and I was a little surprised that we spent any time on it. Notwithstanding that, it is intriguing that the Court has managed, arguably for the first time, to have an advocate-general’s opinion, followed four or five days later by the full Court’s decision—I can remember, when in government, spending three or four years waiting for the Court to come to a judgment. Does my right hon. Friend think this may have something to do with the fact that there could have been a vote tomorrow? There is a delicious irony, is there not, in the fact that we can revoke article 50 but we cannot revoke our backstop? Does he not find that funny?

[Stephen Barclay]

My right hon. Friend is correct to draw attention to the fact that this was an expedited process. The typical length of time for such cases is three to six months, and on this occasion it was just over two months, but that was a reflection of the fact that the Scottish Court requested that proceedings be dealt with on this expedited basis, and the President of the Court agreed with that request.

[Hilary Benn (Leeds Central) (Lab)]

For two years, the Prime Minister has told the House that the only alternative to a withdrawal agreement is leaving the European Union with no deal. Can the Secretary of State confirm that today’s ruling by the European Court means that there are now two potential ways in which that could be avoided? The first is by extending article 50, and the second is by revoking it. Therefore, the Prime Minister’s threat—it would be disastrous for the country anyway—no longer has any credibility in law, does it?

[Stephen Barclay]

On the first point, the judgment from the Court today does not cover extension—that is addressed in article 50. It was about revocation, not extension.

Actually, I think the Prime Minister has always been clear that there is an alternative, which is to go back on the referendum result and have no Brexit. The Government do not support that option, which is why one is then left with the choice of the deal, with the certainty that the Prime Minister offers, or the uncertainty of no deal.

[Dr Julian Lewis (New Forest East) (Con)]

Will the Minister confirm that under no circumstances whatever will the 29 March exit date be altered?

[Stephen Barclay]

As I said in my statement, the Government are clear that we will not be revoking article 50, and we are committed to leaving the European Union on 29 March next year.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

If the Government do not come forward with their future plan before Christmas, Government Departments and businesses across the country will be shifting staff and huge amounts of resources into preparing for no deal. To prevent that from happening, will the Secretary of State now rule out no deal and commit to seeking an extension of article 50?

[Stephen Barclay]

As I said in an earlier answer, the judgment of the Court does not actually deal with extension; that is a separate point. It deals with revocation, and it is that to which my statement refers. I am very happy, Mr Speaker, to stray into areas beyond the statement, such as no deal, but I do not want to fall foul of a ruling from the Chair, and I want to focus on the issue of revocation.

[Mr Speaker]

Well, it is principally about revocation, as the Secretary of State rightly states. Matters that appertain to article 50 would obviously be thought to be within scope. If it were thought that a Member were out of order, I would have received advice to that effect, and the House will have noted that I have not—I have received no such indication at all. I know that the Secretary of State—he is a most courteous individual—would not for one moment suggest that he should be the arbiter of scope. He can tell us what is in his statement, but he cannot tell us what should be raised by other Members. As I say, I have had no indication that anything that has been said so far has been in any way disorderly, but I am always alert, and if I find something that is, I shall rule on it accordingly.

[Henry Smith (Crawley) (Con)]

Further to the question from my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith), it is certainly interesting that the ECJ has been able to hand down this judgment with great speed. The Brexit Secretary is far too diplomatic to agree with me that it is, of course, a political court. However, will he say that this is yet another reason why we need to comprehensively leave the European Union, including the jurisdiction of the ECJ?

[Stephen Barclay]

I agree with my hon. Friend that the Prime Minister has always been clear that we are coming out of the jurisdiction of the European Court. That is a key part of the deal that she has secured, and it is a key part of us delivering on our commitment to take back control of our money, borders and laws.

[Mr Ben Bradshaw (Exeter) (Lab)]

The Secretary of State has been asked twice now how much British taxpayers’ money has been wasted fighting this case, and he has failed to answer. He could show the House some courtesy by answering that question. If he does not know the answer, he should just say so. However, is he honestly telling the House that if it instructed the Government to revoke article 50, they would simply ignore the will of the House?

[Stephen Barclay]

As the right hon. Gentleman will understand from his time as a Minister, the judgment was only today, so some of those costs for lawyers’ fees are still to come in. Costs such as that are declared, as is always the case, in the Department’s accounts. That is the standard way in which such accounts are itemised. This was a judgment that was reached today.

[Rachel Maclean (Redditch) (Con)]

Does the Secretary of State agree that it seems from the contributions of Opposition Members that it may now be their position to seek to revoke article 50? Will he confirm that it remains the Government’s policy—and that I can go back and tell my constituents in Redditch categorically—that we will not seek to revoke article 50?

[Stephen Barclay]

I am happy to give my hon. Friend that assurance.

[Angela Smith (Penistone and Stocksbridge) (Lab)]

Will the Secretary of State confirm that, in the circumstance that this House voted to revoke article 50, his Government would go along with the view expressed by the House and recognise the House’s sovereignty?

--- Later in debate ---

[Stephen Barclay]

The reality is that this judgment has just been reached today. We will need to take it away and consider what the legal implications are. The hon. Lady will know that the triggering of article 50 was subject to significant legal dispute and discussion. We will need to analyse this to understand what the implications are.

[Vicky Ford (Chelmsford) (Con)]

It is in everybody’s interests to try to find an amicable solution. Can the Secretary of State confirm the rumours going around on social media that the Prime Minister is due to meet the Dutch Prime Minister in the morning and to have further discussions with Michel Barnier and team during the week?

[Stephen Barclay]

It is for the Prime Minister to address whom she will be having discussions with, in the usual way. The key issue in terms of this statement is that this Government have no intention of changing their policy on article 50.

[Mr Chris Leslie (Nottingham East) (Lab/Co-op)]

The Government fought against this case tooth and nail, every stage of the way. Will the Minister now accept that it is clear to the British public that they have the right to stay in the EU if that is their choice, with no Schengen, no euro—they can keep the opt-outs. We can keep all our current privileges of European Union membership. Is it not wrong that Ministers fought against the hon. and learned Member for Edinburgh South West (Joanna Cherry), the right hon. Member for Carshalton and Wallington (Tom Brake) and myself, as petitioners in this case, for which we had to take significant personal financial risk? We put our necks on the block to prove to our colleagues that they have the right to make this decision on behalf of our constituents if they seek to do so. Will the Minister now at least acknowledge that the Government expended public money to contest this case and they were wrong to contest it?

[Stephen Barclay]

I very much respect the position the hon. Gentleman takes and has consistently taken on his desire for a second referendum, but the people did have a people’s vote in 2016 and this Government are committed to honouring it—the Prime Minister addressed that in her remarks. On his second point about whether the Government spend money pursuing their policy in the courts, that was the approach when he was a Minister and it has been the approach of all Governments that I can recall.

[Mr Peter Bone (Wellingborough) (Con)]

The Minister, with his excellent skill, is pumping out the Government line on article 50. He did that on Sunday on television, and we all believed him then—I expect he believed what he said then—but the Government changed their mind on that. So how do we know they are not going to change their mind on article 50?

[Stephen Barclay]

My hon. Friend and I have known each other a long time. The policy of the Government has been clear on article 50, and we made that clear in the case. I hope that the criticism from Opposition Members about the fact that the Government fought this case gives him some reassurance as to our commitment to that point.

[Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)]

The public watching this will be disappointed that the Secretary of State has not been able to share with this House how much his Government have spent on the case thus far. It will only require one of us to put in a parliamentary question tomorrow to get some sort of answer. I listened to him, and he said that he notes the judgment. Can he confirm that the Government accept the judgment? Will he also confirm that he will not be going to the Scottish courts to overturn this ruling?

[Stephen Barclay]

Of course the Government accept the judgment of the Court, as would always be the case. As for whether we will look to appeal in the Scottish court, this judgment was reached today and we will need to consider that in due course.

[Luke Graham (Ochil and South Perthshire) (Con)]

Today’s judgment does provide more clarity to the debate, but I think my right hon. Friend would agree that many parties here will use it to drag us back, to keep us in purgatory and to try to frustrate our country and the Brexit process. Will he please give the House some assurances that after the delay today we will get certainty in the coming weeks, which my constituents and so many of my local businesses so badly need?

[Stephen Barclay]

My hon. Friend is absolutely right to say that businesses up and down the country want certainty, and that is what is on table; we have the certainty of the Prime Minister’s deal versus the uncertainty of no deal or the risk of going back on the biggest vote in our country’s history. I am happy to give him that assurance, and that is why this House should back the Prime Minister’s deal—it gives businesses the certainty they seek.

[Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

The Public Accounts Committee has produced eight reports in the past year raising serious concerns about the Government’s preparedness for Brexit, whether there is a deal or not. I did not vote to trigger article 50, partly for that practical reason, but also because of my love of the EU. The Secretary of State is a thoughtful man and a former member of the PAC, so does he really believe it is possible to deliver Brexit by 29 March? Surely this ruling— even if I were to agree with the Government’s policy—gives them a way of negotiating and taking us forward in a much more measured way.

[Stephen Barclay]

First, let me pay tribute to the hon. Lady for her work as Chair of the PAC, for which she is respected across the House, and for her consistency on this point. She rightly says that she did not vote for article 50, and I understand her position. As the Prime Minister set out this afternoon, the Government have done a huge amount of no-deal planning to prepare, but not all of that is within their control. For example, it relies on the response of businesses to technical notices and on the response of other member states. The Government, through the Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Daventry (Chris Heaton-Harris), the no-deal Minister, have done a huge amount to prepare for no-deal planning, but obviously some of these issues are outwith the Government’s control.

[Tom Brake (Carshalton and Wallington) (LD)]

First, may I, too, welcome the cross-party nature of this legal case and take this opportunity to thank the legal team who helped me and the hon. Member for Nottingham East (Mr Leslie)? By the sounds of it, we may need their help again, as the Minister has not ruled out appealing. I must admit that the timing of this judgment was exquisite. Can the Secretary of State confirm that even if the Prime Minister tries to run down the clock to seek to force no deal on the House, thanks to this judgment Parliament could, at any point until 29 March, stop the Brexit process—or could do so if people vote to stay in the EU after a people’s vote?

[Stephen Barclay]

There was a time when the right hon. Gentleman used to believe in the democracy bit of the Liberal Democrat name. He will recall that this House voted in favour of triggering article 50, with 498 for to 114 against. One would hope that as a democrat, he would respect that decision.

[Chris Bryant (Rhondda) (Lab)]

I did not vote to trigger article 50 because I did not think that the Government knew what it was about, and lo and behold we now know that they did not know what it was about. Is not the real danger of delaying making a decision now that businesses up and down the land will have to make enormous contingency plans against the danger of no deal? That will involve wasted money and will lower productivity in this country. The Government will be hard-pressed to get the legislation through in time for 29 March, so I give the Minister one tiny bit of advice: stop making categorical statements, because so far every one of those he has had to make he has had to withdraw afterwards. I bet he will end up withdrawing this one when he issues the revocation of article 50.

[Stephen Barclay]

It is always interesting to have advice from the hon. Gentleman. He talks about giving businesses certainty. What they want is the certainty of a deal that will give us a period up until the end of 2020 to leave in good order, which he says he is against. Yet there is a lack of certainty here, because he stood on a manifesto that said he would honour the referendum result—[Interruption.] He is signalling that he did not stand on that manifesto, but I thought he stood as an official Labour party candidate. If he is saying he stood on a different manifesto from his Front Benchers he should have made that clear to his electorate.

[Owen Smith (Pontypridd) (Lab)]

The Government have spent the past two years saying that article 50 could not be revoked, but we know now that that is not true. They spent the past two weeks saying that we were definitely going to have a vote tomorrow on their Brexit deal, but we know now that that is not true. Is the Secretary of State not worried that the country might start to mistrust the Tories on Brexit?

[Stephen Barclay]

What is clear is that on the key issue of whether the referendum result is respected, we are clear in this House that it is our policy to deliver it—we are committed to leaving on 29 March. To protect the jobs in the hon. Gentleman’s constituency and the supply of goods, and to give businesses the confidence to invest, we need to give businesses a deal. It is the Prime Minister’s deal that delivers that.

[Peter Grant (Glenrothes) (SNP)]

First, I warmly congratulate my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry) and her colleagues on this thoroughly deserved and epoch-making victory. May I gently advise the Secretary of State that it is not a good look for a Minister and a Government who claim to abide by the rule of law to seek to impugn the motives of the winners in a serious court case, or to appear to agree with colleagues who want to impugn the professionalism and integrity of the court that has delivered the verdict?

The Secretary of State has confirmed that the judgment does not change the law but clarifies it, and that it does not change Government policy. Does it change the Government’s understanding of the law? He has carefully avoided the question that has been asked twice, which I will ask a third time: how much has this cost the British taxpayer? Was that money spent because the Government were badly advised and thought they could win, or was it spent criminally negligently by a Government who knew they were going to lose and continued to spend our money just for the hell of it?

[Stephen Barclay]

I have answered the question about the money several times. The Court judgment was reached just today, so not all the costs associated with the case will have accrued as yet. We will need to work that out in the normal way. The hon. and learned Member for Edinburgh South West (Joanna Cherry) will know about that from her time practising at the Bar. Again, I have already answered the question about respecting the process. We respect the Court’s decision, but the facts of the matter do not change, and they are that this Government are committed to honouring the referendum, we will ensure that we leave on 29 March next year, and we have absolutely no intention of revoking article 50.

[Kate Hoey (Vauxhall) (Lab)]

On behalf of the millions of Labour supporters who voted to leave, I welcome the Government’s commitment to not revoking article 50. Does the Secretary of State agree that many of the people who want to see it revoked really just want to reverse the decision of the 17.4 million? By legal means or by any means, they want to stop the British people getting what they voted for.

[Stephen Barclay]

The hon. Lady hits the nail on the head: that is the intention of some Members. To be fair, some Members are quite explicit about that. The point I am alluding to is whether that is now the official policy of those on the Labour Front Bench, because it is at odds with what Labour voters were told at the most recent general election.

[Martin Whitfield (East Lothian) (Lab)]

Purely hypothetically, will the Secretary of State say whether it is in the national interest to have no deal or to revoke article 50?

[Stephen Barclay]

Instead of getting into hypotheticals, I would rather deal with reality. [Interruption.] Members on the Opposition Benches may wish to go down the hypothetical route, but I would rather deal with the reality, which is that we had the biggest vote in our country’s history, and at the most recent general election two parties stood on manifestos that said they would deliver on that vote. Any revoking of article 50 would be a huge betrayal to those voters, including those referred to by the hon. Member for Vauxhall (Kate Hoey) in her question a moment ago.

[Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

I congratulate my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry) on her work. Is it not a great irony that the ECJ has given us much vaunted controls, but we still have Tory Brexiteers complaining? The UK now has a choice: either revoke article 50, or we in Scotland will have our second independence referendum, as Scotland voted to remain. Will the Government table a motion to revoke article 50, or do we in the Scottish National party get going with indyref 2? When they crash the economy, we are getting the lifeboat out of here.

[Stephen Barclay]

It was a good attempt to shoehorn the indyref debate into the one on this referendum, but the reality is that the hon. Gentleman’s party lost in that referendum. That is why it is a UK decision and the referendum in 2016 was on the basis of a United Kingdom decision. He might not like democracy—he might not like the way the vote goes—but unfortunately his side lost in 2014. One would have thought that he might have come to terms with that four years on.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I know that the Secretary of State is quite new in his post, but has he looked at the impact of today’s events on the financial markets and the value of the pound? Has he met, as I have today, a major manufacturing company with worldwide markets that is desperately worried about staying in the United Kingdom? Does he not realise that many people think we are on the cusp of an economic and financial meltdown now—not in the distant future, but now? The revocation of article 50 could help to sort that out.

[Stephen Barclay]

As I am sure that you, Mr Speaker, and the House recall, the hon. Gentleman voted to trigger article 50. He himself voted for it, so if he is now saying that he has changed his mind, perhaps that is the sort of uncertainty about which the financial markets have expressed concern. They look to the House for a response that will deliver them certainty for their investment and see Members like the hon. Gentleman changing their mind.

[Jo Stevens (Cardiff Central) (Lab)]

Today marks exactly 900 days since the outcome of the referendum in 2016. The Secretary of State says that there will be no article 50 revocation, but if between this morning and this afternoon the Prime Minister can change her mind about us having a vote tomorrow, why will his Government not allow the people to have a vote in a second referendum?

[Stephen Barclay]

One would have thought, after 900 days, that we would be clear as to what the Labour party’s policy is. It is still unclear as to whether the Leader of the Opposition thinks that we can stop Brexit or not—he said it could not be stopped and then his shadow Brexit Secretary, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), said that it could—and he was unclear as to how he would vote in a second referendum. It is unclear today whether he would actually seek to revoke article 50 and go back on the manifesto commitment that he gave.

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

Were the Government to act on today’s legal judgment, it would mean no backstop, no hard border between Northern Ireland and the Republic of Ireland, and no need for any border down the Irish sea with new trade barriers between Northern Ireland and the rest of the United Kingdom. The Secretary of State’s problem is that last week he said to the Exiting the European Union Committee that the vote tomorrow would go ahead, but it will not, and the Government said that the deal was not renegotiable, but they are now trying to renegotiate it, so why should we believe him when he says that the Government’s policy is that we will not revoke the article 50 notice, when we could not believe them on those other two matters?

[Stephen Barclay]

What the right hon. Gentleman omitted from that question was that his own constituency voted to leave and he himself voted to trigger article 50. It is a little rich to come to the Chamber to say that there is inconsistency when he himself voted to trigger article 50 and is now suggesting that we should revoke the very article that he voted to trigger.

[Liz McInnes (Heywood and Middleton) (Lab)]

Given the delay to the meaningful vote and the fact that there is no clarity at all as to the timescale from now on, how confident is the Secretary of State really that we will leave the EU with a deal on 29 March 2019?

[Stephen Barclay]

Very.

[Stewart Malcolm McDonald (Glasgow South) (SNP)]

At the weekend, the Secretary of State said that the vote this week would definitely be happening, and in response to my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry) he wrongly said that the Commission had taken the same view as the Government in the article 50 case. Either he is auditioning for a minor part in an Orwell production, or he is hopelessly out of his depth. Which is it?

[Stephen Barclay]

I thought we were going to wait for the point of order to deal with the substance of the comments of the hon. and learned Member for Edinburgh South West (Joanna Cherry), but we can deal with that now. The point is that the European Commission did raise doubts about whether the proceedings were admissible, and that was the case that the Government put. It was our view that it was hypothetical and we raised similar doubts. We put these issues to the Court and the Court formed its view. There is no inconsistency there.

[Danielle Rowley (Midlothian) (Lab)]

Hundreds upon hundreds of my constituents have contacted me in the past few weeks, and even more have done so today, after this ruling. They hoped that I would speak tonight and represent them in the debate on the withdrawal agreement, but I will not be able to do that now. They have many different opinions on Brexit, but the one thing that unites them is their frustration at the lack of clarity and at things being changed. Now, after I told them that I would speak in the debate tonight and vote tomorrow, that is not happening. Can the Secretary of State say anything to reassure my constituents, or does he agree with quite a lot of them that under this Government the agreement is doomed?

--- Later in debate ---

[Stephen Barclay]

The hon. Lady says that she wants certainty; it is the certainty of a deal and leaving in good order that is what most businesses—most of the people who employ people in jobs—want to see, and that is what the Government are offering.

[Andy Slaughter (Hammersmith) (Lab)]

Like his predecessors, the Secretary of State is kept in the dark about a lot, but he must know when he was first told that tomorrow’s vote was off. We know that it was not yesterday, when he said the vote would be on Tuesday. Did he know it was off when at 11.07 this morning the Prime Minister’s spokesman said that it was definitely on? Or did he know only when the conference call with the Cabinet happened at 11.30?

[Mr Speaker]

I will let the Secretary of State respond, but then let us get back to the revocation of article 50.

[Stephen Barclay]

I will take your guidance, Mr Speaker. I think the Prime Minister covered the chronology this morning.

[Helen Goodman (Bishop Auckland) (Lab)]

In July 2016, I asked an urgent question on whether Parliament’s agreement was needed to trigger article 50 and the Minister did not know the answer. After everything that has happened, is the Secretary of State saying today that he does not know whether the decision to revoke article 50 is purely for the Executive or for Parliament?

[Stephen Barclay]

No, it is quite the opposite. What I am saying is that we have a very clear Government policy, which is that we will not revoke. We are absolutely clear on that and that is where the Government stand.

[Geraint Davies (Swansea West) (Lab/Co-op)]

Is the Secretary of State aware of the case of Wilson and others v. the Prime Minister currently in the High Court, which argues that the EU withdrawal Act empowers the Prime Minister to trigger article 50 based on an advisory referendum and, if that referendum is found to be legally flawed, which it was because of the leave campaign, then the advice is void and, in the case of a general election, that would be ruled void? Therefore, will he look at that ruling, take guidance from it and, if they find in favour, revoke article 50, which they will be asking for?

[Mr Speaker]

Order. I am not sure whether the case is currently in the High Court—I do not know whether I heard correctly the hon. Gentleman’s reference to court proceedings—but if that be so, the Secretary of State will want to weigh his words carefully in any response that he gives us. If there are current legal proceedings, I know that he will be cautious.

[Stephen Barclay]

I always take your guidance on these matters, Mr Speaker. The point of substance is that, regardless of where the court case is or is not, the Government’s policy is firm, as I have already set out.

[Jim Shannon (Strangford) (DUP)]

Does the Minister not see the absurdity or the irony of the ruling today, which underlines the absolute sovereignty of the UK to make constitutional decisions, being debated on the same day as the Prime Minister tried to sell us a deal which removes sovereignty from the UK with reference to Northern Ireland? Will he return to the PM and press on her that an assurance is not satisfactory and only a legal change in the withdrawal agreement as it pertains to Northern Ireland will be acceptable?

[Stephen Barclay]

I know that the hon. Gentleman takes these issues very seriously and I am always happy to discuss points with him further. However, this was a hypothetical issue taken before the courts because it is not Government policy to revoke. So it has been an interesting court case but it does not, for one iota, change the intention of this Government, which is to maintain their policy of not revoking article 50.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

Irrespective of one’s view on the second referendum or the people’s vote, what is at stake here is a very important constitutional principle. We are not here to debate the Government’s policy on the revocation of article 50. We are here asking the question of whether, if Parliament were to vote to revoke article 50, the Government would honour that vote. So further to the questions from my hon. Friends, can we have an answer to that question—yes or no?

[Stephen Barclay]

That is a question for Parliament. It is for Parliament to decide what it does or does not do. My role as a Minister is to answer on behalf of the Government. That is what I am doing and it is the Government’s clear policy—it has not changed; I say that again—that we will not revoke. The question for Opposition Members is: are they potentially going to look to revoke article 50? That is what people want to know, particularly, as the hon. Member for Vauxhall alluded to, those people who voted for a Labour manifesto that said that it would honour the referendum result.

[Wayne David (Caerphilly) (Lab)]

If the European Council unilaterally decided to say that it wanted to extend the implementation period for article 50, would the Government automatically oppose that?

[Stephen Barclay]

Again, we have covered this several times. The Court case dealt with the issue of revocation; it did not deal with the issue of extension. Extension requires the consent of the other EU27 countries. That is an unchanged position from the Court. It is outside the jurisdiction of this case.

[Thangam Debbonaire (Bristol West) (Lab)]

The Secretary of State keeps telling us that the Prime Minister’s deal offers certainty, but the Prime Minister has removed the opportunity for us to vote on that certainty tomorrow. He has said that he will not revoke article 50. We on the Labour Benches are opposed to no deal because we know that that is a bad deal, but will he not admit now that refusing even to countenance revoking article 50 is tantamount to holding a no-deal Brexit gun to our collective heads?

[Stephen Barclay]

Again, we risk straying beyond the scope of the statement, but the point is that the Prime Minister made it clear that we will have a vote, so it is delayed; it is not withdrawn.

[Clive Efford (Eltham) (Lab)]

In the event that the House votes down the deal in the meaningful vote and that there is no majority in the House for no deal, in order to deliver on the will of the House, will the Government consider suspending article 50?

[Stephen Barclay]

Part of the difficulty for the House of working out the will of the House is that Opposition Members keep changing their minds. [Interruption.] I am sure—[Interruption.]

[Mr Speaker]

Order. I want to hear the Secretary of State’s mind—or the contents of it—and what he wants to say.

[Stephen Barclay]

I am sure that it will come as a huge surprise to you, Mr Speaker, and to other Members that the hon. Gentleman himself voted to trigger article 50. Having triggered it, he now seems to want to revoke it.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

It is the will of this House that there is a no-deal Brexit and the Government’s policy is also that, so the Secretary of State is perhaps premature in saying that it is not Government policy to revoke article 50. Surely, if faced without option, where there is only going to be a no-deal Brexit, ruling that out of hand would be supremely reckless for the Government.

[Stephen Barclay]

Again, the Prime Minister covered this at length. It is simply not the case that it is the Government’s policy to have a no-deal Brexit. The Government’s policy is to have a deal. That is what the Prime Minister set out in around two and a half hours of debate this afternoon and the hon. Gentleman is simply misquoting what is the Government’s policy.

Oral Answers to Questions

Steve Barclay Excerpts

Thursday 6th December 2018 Commons Chamber

[Mr Ranil Jayawardena (North East Hampshire) (Con)]

1. What recent discussions he has had with the Secretary of State for International Trade on the implications of EU withdrawal negotiations for potential trade agreements with third countries after the UK has left the EU.

[The Secretary of State for Exiting the European Union (Stephen Barclay)]

I have had a number of discussions with my right hon. Friend the Secretary of State for International Trade, as we build on the political declaration’s recognition of an independent free trade policy. As with the withdrawal agreement, we will be free to negotiate, sign and ratify free trade agreements during the implementation period.

[Mr Jayawardena]

On a personal level, may I welcome my right hon. Friend to his new position? Britain must seize its amazing opportunity to forge a new role in the world as a beacon of free trade, and an important part of that is implementing not only primary but secondary legislation. Will the Secretary of State update the House on the progress of primary and secondary legislation, and say when some of it will come forward?

[Stephen Barclay]

My hon. Friend is correct to focus, with his keen eye, on the importance of secondary legislation, and significant progress is being made. To date, we have laid before Parliament more than 220 statutory instruments out of a target of 700. We have made significant progress, and my hon. Friend is right also to look to the opportunity that we will have as an independent free trade nation.

[Hilary Benn (Leeds Central) (Lab)]

May I join the hon. Member for North East Hampshire (Mr Jayawardena) in welcoming the Secretary of State to his first appearance at questions to the Department for Exiting the European Union? When he and Oliver Robbins appeared before the Exiting the European Union Committee on Monday, the question was raised about what will happen to the 40 or so trade agreements to which we are party because of our membership of the European Union and which relate to about 70 countries. We were told that the EU has said that it intends to inform those countries that they ought to interpret those deals as continuing to apply to the UK during the transition period, but Mr Robbins said that that is “not the same” as a guarantee. What assurances can the Secretary of State give to businesses that trade under those arrangements in many parts of the world if our own negotiators say that there is no guarantee that the deals will continue to apply?

[Stephen Barclay]

I thank the right hon. Gentleman for his kind remarks. He is right—we did explore that issue in Committee—and the point is about the significant progress that has been made in our bilateral discussions with those countries. He is right to say that that is not an absolute guarantee—that was the point made by Mr Robbins—but significant progress is being made.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

Further to the question from my right hon. Friend the Member for Leeds Central (Hilary Benn), contracts in those trade agreements are worth more than £73 billion of exports and about £74 billion of imports. That is a serious matter for businesses in the Secretary of State’s constituency, and mine, that might be trading under those agreements. In the event of no deal, we will lose those agreements from 30 March next year. Is it time that he and the Government made a statement to the House, to set out in detail the implications for UK businesses of losing access to those trade agreements, which we have been part of negotiating over the past 45 years?

[Stephen Barclay]

The hon. Lady and I explored that point in Committee, and it is not the case that in the event of no deal we would lose those agreements, because we are having those bilateral discussions. She points to a wider point, however, which is that the deal on the table from the Prime Minister is the way to deliver the certainty that our country needs and what the business community wants. That is why it is the right deal, the only deal and the deal the House should support.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I welcome the Minister to his new post, and I hope he stays around long enough to realise how complex the world is in terms of international trade. Will he look forensically at what really happened with Bombardier, which was part of a complex supply chain? He does realise—does he not?—that no deal is as good as staying in the European Union.

[Stephen Barclay]

I feel that I should look to the hon. Gentleman when it comes to sticking around, because he is a good model for many of us in the House. He is right to mention the importance of Bombardier. Notwithstanding points that have been raised from a constitutional perspective—I know colleagues in the Democratic Unionist party have raised that issue—the head of Bombardier in Northern Ireland made it clear that the deal that the Prime Minister has secured from the European Union is the right deal for Bombardier and for Northern Ireland.

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

9. What estimate he has made of the volume of new legislation required in the event that the UK leaves the EU without a deal.

[The Secretary of State for Exiting the European Union (Stephen Barclay)]

We continue to put the legislative building blocks in place to deliver our exit, and we have made good progress in passing the required primary legislation, including on nuclear safeguards and sanctions. As I said earlier, we are laying exit-related statutory instruments before Parliament.

[Mr Cunningham]

Will the UK be ready for a no-deal Brexit by 30 March 2019 if the withdrawal agreement is voted down next week?

[Stephen Barclay]

Given that in politics one is sometimes asked for short answers, I feel that I should stop my answer with the word “yes”. Yes, we will be ready. This is an opportunity to pay tribute to the work that the Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Daventry (Chris Heaton-Harris), is doing on no-deal planning; a significant amount of work has been done. Let us not lose sight of the fact that the situation will also be very challenging: there is a huge amount to do as part of that no-deal planning. So yes, we will be ready, but significant work will be required.

[Dr Huq]

I thank you for hosting the Patchwork Foundation MP of the year awards last night, Mr Speaker; I thank the organisation for the great work it does for people of non-traditional backgrounds.

The Prime Minister and her Ministers continue to prove Danny Dyer right, who talked of the “mad riddle” of Brexit. They pose their deal, no deal or no Brexit. What concrete assurances can they give the university representatives I met yesterday about what happens to their millions of euros of monthly research funding if we crash out with no deal on 1 April? The last they heard was a letter from the now long-departed hon. Member for Orpington (Joseph Johnson)—he, they, I and the majority of my constituents want no Brexit.

[Stephen Barclay]

It might surprise you, Mr Speaker, but I was not able to join your social gathering last night.

[Mr Speaker]

Neither was I!

[Stephen Barclay]

We are both dealing with the complexity of the issues.

On the substance of the point raised by the hon. Lady, I should say that this is the very essence of why we need the certainty that the deal offers. The alternatives that she points to are the uncertainty of no deal or of a second referendum. I know she desires a second referendum, given a number of questions she has put to the Prime Minister, but that would bring uncertainty to our democracy and politics.

[Joanna Cherry (Edinburgh South West) (SNP)]

If, or when, the withdrawal agreement is voted down next week, no deal is not the only option. There is a third option—to revoke article 50. We know what the Advocate General said earlier this week. Is the Secretary of State aware that the Grand Chamber of the Court of Justice of the European Union will give its final opinion—the opinion of 26 judges—on this issue at 8 am on Monday? MPs will therefore have the answer to the question whether article 50 can be unilaterally revoked. Can the Secretary of State confirm that he will be coming to the Chamber, in the wake of that decision, on Monday afternoon, to make a statement about the implications of the judgment of the Grand Chamber?

[Stephen Barclay]

The hon. and learned Lady has discussed these issues with the Attorney General on a number of occasions. Obviously, I cannot prejudge the court case, but the position of Her Majesty’s Government is very clear: we will not be revoking article 50, and there is a reason for that. The Commission has a very similar view: if someone could revoke, in essence they could go to the last day of a judgment and then revoke and retrigger the process. That would make a mockery of the two-year period for article 50 and that is why we do not think that is the right position.

[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

The Office for Budget Responsibility’s analysis of the recent Budget suggested that there could be an underspend of up to £400 million in the £1.6 billion Brexit funding pot that the Chancellor allocated back in March to prepare for leaving the EU. Will the Secretary of State tell the House precisely how much of that Brexit funding pot has not yet been spent?

[Stephen Barclay]

Such is the Labour party’s desire to spend that the idea of any underspend is anathema—there is always a desire to spend more and spend more again. As the Chancellor has made clear, the Budget money will be allocated to deliver on the no-deal plans. The significance of those plans is recognised in government and all the requests that have been made have been discussed in the usual way and gone through the usual Treasury clearing process.

[Matthew Pennycook]

Given that the Department’s role is now largely confined to domestic preparations for exit, many will find that answer deeply troubling. But it is not surprising that no-deal preparations are not being taken seriously, because they have been a bluff from the start. Yesterday, the Chancellor told the Treasury Committee that the infrastructure works needed to prepare the port of Dover for an exit on World Trade Organisation terms would take years, not months. With 113 days left, will the Secretary of State now take this opportunity to rule out a no-deal Brexit once and for all—before this House does it for him?

[Stephen Barclay]

The hon. Gentleman has clearly not read the transcript of my session at the Select Committee. What he will see from that is that the role of the Department is not constrained to merely the domestic side, although that is of huge significance. We are also focused on moving forward on the political declaration and looking to the future. Yes, the withdrawal agreement deals with the winding-down of our relationship of over 40 years with the European Union, but we are also focused on taking forward the political declaration to deliver on the future trading relationship that we want with our closest trading neighbour.

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

3. What recent discussions he has had with the Secretary of State for Scotland on the potential effect on the Scottish economy of the proposed abolition of the free movement of people between the UK and the EU after the UK leaves the EU.

--- Later in debate ---

[The Secretary of State for Exiting the European Union (Stephen Barclay)]

I have regular discussions with my right hon. Friend the Home Secretary and, as he has said, the Government will shortly publish an immigration White Paper setting out the details of our future immigration system.

[Diana Johnson]

As immigration was one of the key issues of the 2016 referendum, is it not a complete failure of Government that we will not have that White Paper before we vote next Tuesday? Can the Secretary of State say what he believes will happen with the crisis in our social care workforce once Brexit happens?

[Stephen Barclay]

The hon. Lady is correct that it was a key area of debate during the referendum, and that is why it is also one of the key wins that the Prime Minister has secured in the withdrawal agreement. She has made it clear that freedom of movement is coming to an end and that we will put in place a skills-based system, so that we can recruit on the basis of what our economy needs, whether that is in social care, health or other sectors such as fintech. We can recruit on the basis of skills, rather than nationality. It is one of the key wins secured by the Prime Minister, and that is why this is a good deal.

[Paul Blomfield (Sheffield Central) (Lab)]

As the Secretary of State has acknowledged, those campaigning for Brexit made controlling immigration central to their case. The Government have put it top of the 40 reasons to back the Brexit deal. Yesterday was assigned for Parliament to debate the issue, but the Home Secretary was unable to give any indication of the Government’s plans. The promise to publish the White Paper before Tuesday has been broken, apparently because Ministers have deeply conflicting views and cannot agree a policy. Blindfold on our future economic relationship and blindfold on migration, how can they expect the House to support them on Tuesday?

[Stephen Barclay]

The exact opposite is the case. The clarity of the Government’s objective on immigration is signalled by the way that in the withdrawal agreement we have control of the way forward. That is why we will be able to take forward a skills-based system. It is for the Home Office to set out through the White Paper its approach. That is what it will do shortly, as I said a moment ago.

[David Duguid (Banff and Buchan) (Con)]

11. What recent discussions he has had with the Secretary of State for Environment, Food and Rural Affairs on fishing policy after the UK leaves the EU.

--- Later in debate ---

[Richard Graham (Gloucester) (Con)]

12. What recent discussions he has had with the Secretary of State for International Trade on potential policy options in the event that a trade agreement between the UK and the EU is not finalised by the end of June 2020.

[The Secretary of State for Exiting the European Union (Stephen Barclay)]

DExEU Ministers and officials hold regular discussions with the Department for International Trade on EU exit and trade matters. We are working at pace to ensure that the necessary arrangements for our future partnership are in place for December 2020.

[Richard Graham]

Being in the customs union with the European Union means that we cannot negotiate our own independent free trade agreements. If negotiating our future trade relationship with the EU required us to extend the transition period by a year, that could be seen as negative, but the reality is that negotiations with most major countries, such as China and the US, will take time to conclude. Does my right hon. Friend therefore agree that extending the transition period by a year would be better for securing independent free trade agreements than being stuck in an indefinite backstop?

[Stephen Barclay]

I know that my hon. Friend has considerable experience, particularly on issues such as China, in which I know he takes a deep interest. The key point is that it will be a sovereign choice for the UK whether it extends the implementation period. He alludes to the fact that significant work is already going on. For example, the economic and financial dialogues the Treasury has with countries such as China, India and Brazil lay the groundwork for much of the trade discussions that colleagues in the Department for International Trade are concluding.

[Clive Efford (Eltham) (Lab)]

The Secretary of State for International Trade promised that he would have 40 trade deals ready to sign the day after we leave the European Union. What assessment has the Secretary of State for Exiting the European Union made of his right hon. Friend’s progress on that?

[Stephen Barclay]

I am both pleased and encouraged by the progress that my right hon. Friend the Secretary of State for International Trade is making. The point is that, through the deal that the Prime Minister has negotiated, we now are in a position where we can pursue an independent trade policy. That is clear on page 1 of the political declaration. Part 5 of the political declaration sets out a clear timetable to put momentum into the discussions in order that we can not only negotiate and sign during the interim period but get to that future trade agreement with the European Union, which will allow us to start those trade agreements with the rest of the world.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

13. What discussions he has had with representatives of the agricultural sector on Government contingency planning on the UK leaving the EU without a deal.

--- Later in debate ---

[Ronnie Cowan (Inverclyde) (SNP)]

20. What plans he has to meet representatives of the devolved Administrations to discuss the UK leaving the EU.

[The Secretary of State for Exiting the European Union (Stephen Barclay)]

It is not just what you say, but what you do that matters. My very first meeting as Secretary of State was with the Scottish and Welsh Governments, and I hope that underlines my personal commitment to that dialogue. As the Prime Minister committed on Tuesday, we will continue to engage with the devolved Administrations on the detailed positions on the future relationship.

[Ronnie Cowan]

The Secretary of State will be aware that the Scottish Parliament voted to reject the withdrawal agreement. Will he respect the democratic will of the Scottish Parliament and recognise the result of that vote?

[Stephen Barclay]

I seem to recall that the democratic will of the people of Scotland was to remain within the United Kingdom. Having taken that correct decision, they will be the first to recognise that the referendum was a UK decision.

[Priti Patel (Witham) (Con)]

T1. If he will make a statement on his departmental responsibilities.

[The Secretary of State for Exiting the European Union (Stephen Barclay)]

Eleven days ago, the Government published the EU withdrawal agreement and the political declaration on the future relationship between the UK and the EU. We have achieved a deal with the EU that delivers on the referendum, that the nation can unite behind and that Parliament should back.

[Priti Patel (Witham) (Con)]

I welcome the Secretary of State to his new role on the Front Bench. Will he explain or elaborate on the work he is doing across Government to enhance connectivity post Brexit for international trade across the county of Essex and in our regions to get the economic growth that is required and to expand our ports and airports to ensure that our trade not only flows but increases when we leave the EU?

[Stephen Barclay]

My right hon. Friend makes an extremely important point, and I am very conscious of it in the East Anglia region. The border delivery group is working with Departments to ensure that plans are in place to engage fully with traders in advance of exit and indeed, it has visited each of the 135 port and airport locations. My right hon. Friend brings considerable experience to the subject and I am happy to meet her to discuss it further.

[Keir Starmer (Holborn and St Pancras) (Lab)]

I welcome the Secretary of State to his place and genuinely wish him well in his role.

On 15 October, the Prime Minister made an important point from the Dispatch Box to reassure MPs who were worried about the backstop arrangement. She said that

“if the EU were not to co-operate on our future relationship, we must be able to ensure that we cannot be kept in this backstop arrangement indefinitely.”—[Official Report, 15 October 2018; Vol. 647, c. 410.]

Does the Secretary of State agree?

[Stephen Barclay]

I thank the right hon. and learned Member for his generous welcome. I also take the opportunity, as I did on Monday night—although technically it was Tuesday morning—to pay tribute to him for serving as shadow Secretary of State throughout this period. On the core of his question about the UK’s ability to exit from the backstop, he will know, as a former lawyer, that the legal process is clear in terms of the role of the Joint Committee and the arbitration, and that there is legal wiring in the withdrawal agreement that requires the EU to act in good faith. Those issues were explored in much more detail with the Attorney General on Monday, but in short I very much agree with the Prime Minister because there is a legal connectivity between the withdrawal agreement and the backstop arrangement.

[Keir Starmer]

That is a very sensible position. The Secretary of State suggests that he agrees with the Prime Minister that, if the EU does not co-operate, we cannot be kept in the backstop indefinitely. The problem is that the Attorney General’s legal advice, which was published yesterday states, in terms,

“in international law, the”

backstop

“would endure indefinitely.”

He went on to say:

“This remains the case even if parties are still negotiating many years later, and even if the parties believe that the talks have clearly broken down”.

That is the complete opposite of what the Prime Minister said she intended to achieve.

[Stephen Barclay]

The right hon. and learned Gentleman makes the same point in essence as my very distinguished predecessor, my right hon. Friend the Member for Esher and Walton (Dominic Raab), about where the balance of risk sits. The right hon. and learned Gentleman quoted the Attorney General, so it is worth drawing the House’s attention to exactly what the Attorney General said on that point. [Interruption.] Well, he quoted part of what the Attorney General said, but my right hon. and learned Friend said more than what has been quoted in isolation, and the right hon. and learned Gentleman will be the first to accept that when considering these issues, one looks at the whole, not selective comments. The Attorney General said:

“I do not believe that we are likely to be entrapped in the backstop permanently”.—[Official Report, 3 December 2018; Vol. 650; c. 552.]

However, he also said that

“the matters of law affecting the withdrawal can only inform what is essentially a political decision”.—[Official Report, 3 December 2018; Vol. 650, c. 546.]

It is a question of where one assesses the balance of risk to be. I looked at that very issue when I considered the matter. The Attorney General has addressed that, as is reflected in his comments to the House on Monday.

[Mr Philip Hollobone (Kettering) (Con)]

T4. Will my parliamentary neighbour, the Minister for no deal, confirm for the benefit of our constituents in Northamptonshire that the Government have advanced plans in place to ensure a smooth Brexit in the event of no deal?

--- Later in debate ---

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

T2. The German owner of the Barden factory in Plymouth has announced that the precision ball bearing plant and 400 jobs will go, and it blames Brexit for the closure. Will the Secretary of State join me and Plymouth’s Conservative MPs in encouraging Barden’s German owner, Schaeffler, to change its mind and keep this profitable plant open?

[Stephen Barclay]

I pay tribute to the hon. Gentleman for his approach of working with other Plymouth MPs, my hon. Friends the Members for Plymouth, Moor View (Johnny Mercer) and for South West Devon (Mr Streeter). I recognise the importance of this to the three constituencies, and I am happy to raise the issue with my right hon. Friend the Secretary of State for Defence. We recognise the importance of Barden as a firm, and I am happy to work with the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) and his constituency neighbours as we take the issue forward.

[Craig Tracey (North Warwickshire) (Con)]

T5. The majority of my constituents and I voted to leave the EU primarily to take back control of our sovereignty, and I am struggling to reconcile that with the proposed Northern Ireland backstop and our inability to leave it unilaterally. What reassurances can my right hon. Friend give me following the publication of the Government’s legal advice yesterday?

[Stephen Barclay]

I am very happy to reassure my hon. Friend. A number of the safeguards have been debated at some length in the House, including safeguards on extending the implementation period, on the undesirability of the backstop to the EU27 and on the due legal process. Given the commitments in the withdrawal agreement, the due process that applies, in terms of the joint committee and the arbitration, would follow. There are clear safeguards in the text that the Prime Minister has negotiated as part of the wider achievements that have been secured in delivering on the referendum. There is an independent coastal approach, and we are coming out of the common fisheries policy and having a skills-based immigration system.

[Dr Paul Williams (Stockton South) (Lab)]

T3. I welcome the Secretary of State to his post. The North East England chamber of commerce is briefing that, because this deal fails to nail down certainty, it threatens investment and jobs, and businesses in the north-east do not support it. Why is he asking this House to support a deal that will threaten my constituents’ jobs?

[Stephen Barclay]

If there is an outlier to which the hon. Gentleman refers—I always enjoyed our dealings in my previous ministerial role, given his health expertise—the overwhelming feedback we have received from business is its support for the deal and its desire to see the implementation period. Business does not want the uncertainty of crashing out, but it also does not want the uncertainty of a second referendum.

[Steve Double (St Austell and Newquay) (Con)]

T8. The legal position of legislation passed by this House is that we will be leaving the EU on 29 March 2019, deal or no-deal. The events of this week, and I suspect next week, make a no deal outcome more likely, so will the Secretary of State ensure that all Government Departments now make ready and prioritise their preparedness for no deal? Does he agree that for the Government not to do that would be a dereliction of duty?

[Stephen Barclay]

My hon. Friend will appreciate that a key focus for me since taking on this role has been to review the work on the state of readiness and to ensure that those discussions are held with Cabinet colleagues. That is exactly what I am doing, and it is supported by the excellent work of the Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Daventry (Chris Heaton-Harris).

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

T6. As the Secretary of State for stockpiling, can he explain to me how he will maintain a supply of the medical radioisotope technetium, given that its precursor has a half-life of less than three days?

[Leo Docherty (Aldershot) (Con)]

Will the Government consider a parliamentary lock to the backstop?

[Stephen Barclay]

I very much hear the point that my hon. Friend makes. As I am sure he is aware, I am meeting colleagues and listening to concerns, including those on the backstop. Obviously, we also need to be mindful of the imperative of the guarantee that we have given to the people of Northern Ireland, which was given for a reason, in terms of the peace process and ensuring that we honour the obligations that have been given to the people of Northern Ireland.

[Mr Speaker]

I call Helen Goodman. She is not here. Oh dear, where is the hon. Lady? I hope she is not indisposed.

--- Later in debate ---

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

The Government’s own analysis shows that my constituents will be worse off under this deal, but the Secretary of State argues that they will gain sovereignty and future trade agreements. Can he explain precisely in engineering terms how supply chains between the north-east of England and north-west France, for example, can be replaced by ones with the mid-west of America or Western Australia?

[Stephen Barclay]

The hon. Lady usually speaks on business matters with great experience, but it is a misreading of the economic analysis to suggest that her constituents will be poorer or less well-off. The issue within the economic analysis is what the impact will be on the rate of growth; it is not whether people will be worse off than they are today. One key achievement of the Prime Minister’s deal is that it keeps open the option of frictionless trade, because it moves from the binary choice that was initially offered, of either a Canada-style or Norway-style deal, and recognises a bespoke option.

Citizens' Rights

Steve Barclay Excerpts

Thursday 6th December 2018 Written Statements

[The Secretary of State for Exiting the European Union (Stephen Barclay)]

Citizens have always been our priority in the negotiations for our departure from the EU. The withdrawal agreement will provide certainty to around 3 million EU citizens in the UK and almost 1 million UK nationals in the EU, enshrining their rights in international law. The Government are clear that the reciprocal deal with the EU as set out in the withdrawal agreement is the only way to fully protect the rights of both UK nationals in the EU and EU citizens in the UK. The withdrawal agreement gives these citizens certainty that they can go on living their lives broadly as now.

Today, the UK Government are demonstrating their continued commitment to put citizens first. The “Citizens’ Rights—EU citizens in the UK and UK nationals in the EU” policy paper sets out the details of our offer to EU citizens in the UK in the unlikely event of a no-deal scenario, removing any ambiguity over their future.

Without the withdrawal agreement, the UK Government cannot guarantee the rights of the 1 million UK nationals living in the EU. I am therefore urging the EU and member states to reciprocate this offer and protect the rights of UK nationals resident in the EU in a no-deal scenario. I am pleased that some countries are already taking steps to do so. I have instructed ambassadors and heads of missions to raise this with their host Governments.

In an unlikely no-deal scenario the Government are committing to protect the rights of EU citizens and their family members resident in the UK by 29 March 2019, so that they can continue to work, study and access benefits and services on the same basis as now.

As there would be no agreed implementation period, EU citizens and their family members resident here by 29 March 2019 would have until 31 December 2020 to apply for a status under the EU settlement scheme. The process will be simple and streamlined.

Without the reciprocity provided for by the withdrawal agreement, we have decided in a small number of important areas that it is appropriate that the rights of EU citizens are brought in line with those of UK nationals, to bring fairness back into our immigration system. For example, in respect of rights to family reunification, we plan that EU citizens resident here by exit day would be able to be joined in the UK by their existing close family members, such as a spouse, under existing EU law, until 29 March 2022, after which point the future UK immigration rules would apply to such family reunion.

The Government recognise the uncertainty UK nationals in the EU will face in a no-deal scenario. The UK cannot act unilaterally to protect all of the rights of UK nationals in the EU, which is why we have always prioritised reaching a reciprocal agreement with the EU and why the deal we have negotiated is the best way forward. However, where it is in our control, we will support UK nationals through this unlikely outcome, such as through bilateral arrangements on healthcare, as reflected in the recently introduced Healthcare (International Arrangements) Bill.

If UK nationals in the EU were unable to continue to live their lives in the EU as they do now in a no-deal scenario and returned to the UK to live, there are a number of steps the Government would consider to address concerns that they have raised. This includes access to healthcare, education, benefits, and housing. We recognise that these would be an important part of a transition back to life in the UK.

We will continue to provide updates to UK nationals in the EU on gov.uk and through our network of embassies, consulates and high commissions. The Government will continue to press the EU and member states to reciprocate this offer and secure these rights as soon as possible for all UK nationals in the EU.

Let me reiterate that the withdrawal agreement is in the mutual interest of all our citizens. It is the only way for the Government to guarantee the rights of UK nationals in the EU.

I will be depositing the policy paper “Citizens’ Rights—EU citizens in the UK and UK nationals in the EU” in the Libraries of both Houses.

[HCWS1152]

Exiting the European Union: Publications

Steve Barclay Excerpts

Wednesday 28th November 2018 Written Statements

[The Secretary of State for Exiting the European Union (Stephen Barclay)]

Today I am laying before Parliament the following documents intended to facilitate parliamentary scrutiny ahead of the vote on the final deal:

EU Exit: Taking back control of our borders, money and laws while protecting our economy, security and Union. This sets out how the deal we have reached with the EU delivers on the referendum result and works in the national interest.

EU Exit: Long-term economic analysis. This is the economic analysis that the Government committed to on the floor of the House on 30 January 2018. A document titled “EU Exit: Long-Term Economic Analysis Technical Reference Paper”, which sets out further details on the methodology used, is also being published on www.gov.uk and copies will be deposited in the Libraries of both Houses.

EU Exit: Assessment of the security partnership. This assessment compares the future UK-EU security partnership as set out in the political declaration with a no-deal scenario.

A further document, setting out the Government’s legal position on the proposed withdrawal agreement, is expected to be published on Monday 3 December. The Attorney General will also make an oral statement to the House of Commons on Monday 3 December.

[HCWS1118]