Asked by: Theresa Villiers (Conservative - Chipping Barnet)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, what progress the Government is making on negotiating alternatives to the Northern Ireland backstop in the draft EU Withdrawal Agreement.
Answered by Robin Walker
The European Council has been clear that the Withdrawal Agreement cannot be reopened.
However, in the light of engagement with the working group of which colleagues were a part, the Prime Minister has secured a legally binding commitment that both sides will aim to replace the backstop with alternative arrangements by December 2020.
A specific negotiating track will be established to take that work forward at pace in the next phase. The Government will make available £20m of funding to support the development, testing or piloting of ideas that emerge, where the Government believes it would be helpful.
Asked by: Theresa Villiers (Conservative - Chipping Barnet)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to paragraph 5 of the White Paper, The future relationship between the UK and the EU, Cm 9593, what the proportionate implications will be for the operation of the future relationship.
Answered by Suella Braverman
In areas where the UK had committed to maintain a common rulebook with the EU, the Joint Committee would need to agree on whether a proposed EU rule change should be incorporated into the agreements, and there would be a process for the UK Parliament to be consulted on this. If the UK and the EU could not agree, the Joint Committee should consider all other possibilities and endeavour to maintain the functioning of the relevant agreement, including the possibility to recognise the equivalence of legislation. If this was not possible after a defined period and an imbalance was created, proportionate and where possible localised rebalancing measures could be proposed, for instance, requesting financial compensation. Where there was no agreement over these measures, or they were not possible, the relevant part of the future relationship could be suspended
In areas where there is a common rulebook, there could be proportionate implications for the operation of the future relationship from the decisions taken by Parliament about what legislation it chooses to adopt in the future. For instance, if the UK and the EU had agreed to add a rule change to the agreements, and if the UK Parliament decided not to give effect to this change in domestic law, it would be in the knowledge that it would breach the UK's international obligations, and that the EU could raise a dispute and ultimately impose non-compliance measures on the UK. As set out in the White Paper, the type of measures that could be imposed for different sorts of breaches would be technical, but could include financial penalties or suspension of specific obligations.
Asked by: Theresa Villiers (Conservative - Chipping Barnet)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to paragraph 34 of Chapter 4 of the White Paper, The future relationship between the United Kingdom and the European Union, Cm. 9593, published on 12 July 2018, what actions the Joint Committee will be empowered to take in the event of significant divergences between the interpretation of agreements by the courts of the UK and the EU.
Answered by Chris Heaton-Harris - Secretary of State for Northern Ireland
The proposed role of the Joint Committee is set out in Chapter 4 of the White Paper. It will be responsible for the functioning of the overarching institutional framework, which will encompass most of our agreements with the EU. It will do so through regular and structured dialogue, and by making decisions in order to manage any issues, and mitigate any disputes that might arise, including where significant divergences in interpretation had been identified.
If a dispute were to arise due to a significant divergence, a formal dispute could be raised in the Joint Committee. In some areas, it may be escalated to independent arbitration if a resolution cannot be reached in the Joint Committee.
Asked by: Theresa Villiers (Conservative - Chipping Barnet)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to paragraph 34 of Chapter 4 of the White Paper, The future relationship between the United Kingdom and the European Union, Cm. 9653, published on 12 July 2018, what actions the Joint Committee will be empowered to take in the event of significant divergences between the interpretation of agreements by the courts of the UK and the EU.
Answered by Chris Heaton-Harris - Secretary of State for Northern Ireland
The proposed role of the Joint Committee is set out in Chapter 4 of the White Paper. It will be responsible for the functioning of the overarching institutional framework, which will encompass most of our agreements with the EU. It will do so through regular and structured dialogue, and by making decisions in order to manage any issues, and mitigate any disputes that might arise, including where significant divergences in interpretation had been identified.
If a dispute were to arise due to a significant divergence, a formal dispute could be raised in the Joint Committee. In some areas, it may be escalated to independent arbitration if a resolution cannot be reached in the Joint Committee.
Asked by: Theresa Villiers (Conservative - Chipping Barnet)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, which the EU rules are which are referred to in paragraph 42 of Chapter Four of the White Paper, The future relationship between the United Kingdom and the European Union, Cm. 9593, published on 12 July 2018, which would be interpreted by the Court of Justice of the European Union under the proposals contained in that paragraph.
Answered by Chris Heaton-Harris - Secretary of State for Northern Ireland
UK courts would pay due regard to CJEU case law in only those areas where the UK continued to apply a common rulebook. The common rulebook will cover goods including agri-food, where those rules are necessary to provide for frictionless trade at the border.
Where the UK agrees to retain a common rulebook with the EU, it will be important for businesses and citizens here and in the EU that those areas are interpreted and applied consistently. The UK has therefore proposed that it would commit by treaty that its courts would pay due regard to CJEU case law, insofar as this was relevant to the matter before them. This is a recognition of legal fact - no other court can bind the EU on the meaning of EU law.
However, these rights would be enforced in the UK by UK courts and in the EU by EU courts.
No longer will courts in the UK be able to refer cases to the CJEU, including in cases involving individuals and businesses. And at present, the UK is bound by all CJEU decisions - hundreds of decisions every year which have direct effect in the UK, whether the case originated in the UK or not. This will no longer be the case.
Asked by: Theresa Villiers (Conservative - Chipping Barnet)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to paragraph of Chapter Four of the White Paper, The future relationship between the United Kingdom and the European Union, Cm. 9593, published on 12 July 2018, which the rules are which would be interpreted by the Court of Justice of the European Union under the proposals there set out.
Answered by Chris Heaton-Harris - Secretary of State for Northern Ireland
UK courts would pay due regard to CJEU case law in only those areas where the UK continued to apply a common rulebook. The common rulebook will cover goods including agri-food, where those rules are necessary to provide for frictionless trade at the border.
Where the UK agrees to retain a common rulebook with the EU, it will be important for businesses and citizens here and in the EU that those areas are interpreted and applied consistently. The UK has therefore proposed that it would commit by treaty that its courts would pay due regard to CJEU case law, insofar as this was relevant to the matter before them. This is a recognition of legal fact - no other court can bind the EU on the meaning of EU law.
However, these rights would be enforced in the UK by UK courts and in the EU by EU courts.
No longer will courts in the UK be able to refer cases to the CJEU, including in cases involving individuals and businesses. And at present, the UK is bound by all CJEU decisions - hundreds of decisions every year which have direct effect in the UK, whether the case originated in the UK or not. This will no longer be the case.
Asked by: Theresa Villiers (Conservative - Chipping Barnet)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to paragraph 35 of Chapter Four of the White Paper, The future relationship between the United Kingdom and the European Union, Cm. 9593, published on 12 July 2018, which the actions are that the Joint Committee will be empowered to take in the event of significant divergences between the interpretation of agreements by the courts of the UK and the EU.
Answered by Chris Heaton-Harris - Secretary of State for Northern Ireland
The proposed role of the Joint Committee is set out in Chapter 4 of the White Paper. It will be responsible for the functioning of the overarching institutional framework, which will encompass most of our agreements with the EU. It will do so through regular and structured dialogue, and by making decisions in order to manage any issues, and mitigate any disputes that might arise, including where significant divergences in interpretation had been identified.
If a dispute were to arise due to a significant divergence, a formal dispute could be raised in the Joint Committee. In some areas, it may be escalated to independent arbitration if a resolution cannot be reached in the Joint Committee.
Asked by: Theresa Villiers (Conservative - Chipping Barnet)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to paragraph 7 of Chapter Four of the White Paper, The future relationship between the UK and the EU, Cm. 9593, published on 12 July 2018, what the arrangements are for ensuring that the UK's future relationship with the EU is adaptable and can change over time.
Answered by Robin Walker
The UK has proposed joint institutional arrangements that provide for proper democratic accountability, which allow for the relationship to develop over time, managing cooperation effectively and enabling the UK and the EU to address issues as they arise.
As set out in Chapter 4, Paragraph 8 this proposal draws on precedents from other international agreements. The precise nature of these arrangements are subject to negotiation.
Asked by: Theresa Villiers (Conservative - Chipping Barnet)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to paragraph 7 of Chapter Four of the White Paper, The future relationship between the UK and the EU, Cm. 9593, published on 12 July 2018, what the mechanisms are that will be adopted for future termination of agreements with the EU.
Answered by Robin Walker
The UK has proposed joint institutional arrangements that provide for proper democratic accountability, which allow for the relationship to develop over time, managing cooperation effectively and enabling the UK and the EU to address issues as they arise.
As set out in Chapter 4, Paragraph 8 this proposal draws on precedents from other international agreements. The precise nature of these arrangements are subject to negotiation.
Asked by: Theresa Villiers (Conservative - Chipping Barnet)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to paragraph 7 of Chapter Four of the White Paper, The future relationship between the UK and the EU, Cm. 9593, published on 12 July 2018, what the mechanism will be which allows the provisions of agreements with the EU to be reviewed.
Answered by Robin Walker
The UK has proposed joint institutional arrangements that provide for proper democratic accountability, which allow for the relationship to develop over time, managing cooperation effectively and enabling the UK and the EU to address issues as they arise.
As set out in Chapter 4, Paragraph 8 this proposal draws on precedents from other international agreements. The precise nature of these arrangements are subject to negotiation.