European Union (Withdrawal Agreement) Bill

Hilary Benn Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons & Money resolution & Programme motion & Ways and Means resolution
Friday 20th December 2019 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

It is a great pleasure to follow the right hon. Member for Basingstoke (Mrs Miller). I agree with her argument that we need to be able to disagree agreeably, as I think President Obama once put it.

If the Secretary of State is looking for some consolation for his Department being abolished at the very moment that we leave the European Union, let me tell him that it will also mean that he will no longer have the untrammelled joy of appearing before the Brexit Select Committee. I thank all Members who have served on the Committee and our wonderful team of Clerks and advisers, who have supported us with their expertise.

At the heart of this Bill is a gamble—a gamble with our nation’s economy. The Prime Minister has so much confidence in the Government’s ability to finalise a new relationship with the European Union by this time next year that this Bill will prevent, by law, any extension of the transition period beyond December 2020. If he succeeds, his gamble will have paid off—although I wonder how detailed an agreement he will manage to achieve in that time—but if he fails, the cliff edge of a no-deal Brexit beckons in just 12 months’ time.

The pillar on which that confidence is built is the argument that because we have been aligned with the European Union for the past 40 or so years, that deal should be easy to reach. That argument would have force only if the Government were planning to stay as closely aligned to the other 27 member states and their rules, but we know that that is not the case. The Government want to move away from European rules and regulations. Indeed, the Prime Minister said it today: no alignment with EU rules. As that intention becomes clear to our EU negotiating partners, it will make the negotiations not simple, but much more complicated.

No doubt the Bill will be passed today. The question that the House has to address is: can a deal be completed when, as we have just heard, it took Canada seven years to reach an agreement? Can it be completed in 12 months, when we know that we have to negotiate not just tariffs and quotas and rules of origin, but services—80% of the British economy is built on the service sector—data, aviation, medicine safety, co-operation on consumer rights, security, access to databases that have helped to keep us safe from terrorism, which we will lose if we do not get this right, foreign policy, co-operation on climate change, and a long list of other matters of huge importance for the British economy and British society?

[Tim Loughton (East Worthing and Shoreham) (Con)]

The right hon. Gentleman has spent the last 12 months claiming that the Prime Minister never wanted to get a deal, and then he got one, and that the Prime Minister was not serious, and therefore he had to produce a Bill to hamstring Parliament and stop it progressing. Can he admit, just for once, that we have a deal—a deal that is going to happen this year—and use all his expertise and good services to rally round this Parliament, this Government and this country to make sure that we agree it by the end of year, so that we can all move on at last?

[Hilary Benn]

The Bill that the last Parliament passed did not hamstring the Prime Minister, because he achieved a renegotiation. However, to be fair, all he did was accept 95% of his predecessor’s deal and replace the previous backstop with a backstop that had been offered the right hon. Member for Maidenhead (Mrs May), but rejected on grounds that were clearly set out by the current Prime Minister to the Democratic Unionist party conference in November 2018—namely, that he would never, ever accept a border in the Irish sea, which is what he has promptly now done, which reminds us that it is not always wise to take the Prime Minister at his word.

[Stephen Timms (East Ham) (Lab)]

I wonder whether my right hon. Friend has read the Government’s impact assessment for this Bill, which says at paragraph 241:

“Goods moving from Great Britain to Northern Ireland will be required to complete both import declarations and Entry Summary…Declarations,”

thereby flatly contradicting what the Prime Minister has been saying.

--- Later in debate ---

[Hilary Benn]

My right hon. Friend makes an extremely powerful point. We have been told repeatedly that there will be no border in the Irish sea; there is now going to be a border in the Irish sea. That will have consequences for the way in which trade is conducted.

This Bill is also a gamble because of the clause that says that no Minister is able to apply for an extension. Quite why the Government need to legislate to prevent something from happening that they have already made clear they have no intention of allowing to happen—an extension to the transition period—escapes me, but I gently point out to the House that the point of no return will be next June. Under the withdrawal agreement, if a further extension has not been agreed between the parties by then—and the Government are ruling it out—there will be no possibility of extending the period. I say to the Government that they will need to be really, really confident about how the negotiations are going by June next year—not very far away—if they are to be certain that they will not need that additional time to get what they want.

There is no doubt that the Prime Minister is looking for a hard Brexit, because a free trade agreement of the type he has put before the British people—and for which, I grant him, he has won a mandate—has already been assessed by the Government as the second worst outcome for the economy after a no-deal Brexit. It is extraordinary that the House has still not been presented with an economic assessment of the single most important decision that we are going to take and the nature of the future relationship—nothing; silence. History will record that that was an act of irresponsibility.

I say to the House—in particular to new Members on both sides, whom I congratulate on their election—that, as these negotiations unfold, businesses that we represent will be coming to us; they will want issues to be raised in the negotiations and will be concerned about the outcome of the negotiations. Some of the things they are looking for will not be consistent with the policy that the Government have set out. This should not be about ideology; it is about the practical implications of having thrown away—because that is what Brexit does—the best trading relationship we have with any countries in the world. It is about what kind of new long-term arrangements will be put in place, on which our jobs, our factories and our communities depend. If the Government get it wrong, it will be a question not of getting Brexit done but of some industries being done over by Brexit.

[Matt Western (Warwick and Leamington) (Lab)]

rose—

[Hilary Benn]

I give way for the last time, in view of the time available.

[Matt Western]

My right hon. Friend is making such a powerful speech. Does he not agree that the great concern for this place has to be that it was promised that we would take back control? The greatest deceit of all is the fact that there will be no scrutiny in this place of any element of the trade deals and the impact they will have on our economy.

[Hilary Benn]

I agree with my hon. Friend: that is a matter of great regret.

I come to my final point. Our leaving the European Union will create great cheer on the Government Benches, just as it will sadden many of us on the Labour side. The divisions it has created will not easily be healed: many people still think that this is a terrible mistake that will weaken our economy and our influence in the world.

In the modern age, it is how we use our sovereignty that will determine how well we can advance our interests and protect our citizens. If we have learned anything from the events of recent times, it is that if we are to deal with the great challenges we face as a world—climate change, the movement of people around the globe, threats to peace and security, making sure that the global economy works in the interests of all—we can do it only by working together. We are about to walk away from one of the most important relationships that enables us to do that. I say to the Government that we will hold them to account as the process develops and unfolds.

[Mr Speaker]

I make an appeal to Members: if we all take nine minutes, quite a few of you are not going to get in. Please—I have given an informal limit to give a bit of flexibility, but do not take advantage of Members who come later.

European Union (Withdrawal Agreement) Bill

Hilary Benn Excerpts

Committee stage & Committee: 1st sitting: House of Commons & Committee: 1st sitting
Tuesday 7th January 2020 Commons Chamber

[Steve Barclay]

I shall give way one further time to the right hon. Member for Leeds Central (Hilary Benn), who was the Chair of the Exiting the European Union Committee.

[Hilary Benn (Leeds Central) (Lab)]

The Secretary of State has expressed enormous confidence that a deal will be done by December; may I test that confidence a little further? Will he give the House an assurance today that there is no prospect whatsoever of the UK leaving without an agreement in December this year?

[Steve Barclay]

I have set this out very clearly. The right hon. Gentleman will have studied the Bill—he always does—and will know exactly what is in clause 33, which is a commitment to stick to the timetable set out for the implementation period, which we committed to in our manifesto. I would hope that he, as a democrat, would want a Government to adhere to their manifesto.

The reality is that, on 12 December, the British public voted in overwhelming numbers to get Brexit done by 31 January and to conclude the implementation period by December 2020, so that we can look forward to a bright future as an independent nation. Page 5 of our manifesto explicitly states that we will negotiate a trade agreement by next year—one that will strengthen our union—and that we will not extend the implementation period beyond December 2020. We are delivering on these promises that the British people have entrusted us to deliver, and the Opposition are interested only in further delay and disruption. I urge Labour and the Liberal Democrats not to press new clauses 4 and 36.

I look forward to hearing from Members across the House as we take the Bill through Committee. This Government are committed to delivering Brexit, and this Bill will enable us to do so.

European Union (Withdrawal Agreement) Bill

Hilary Benn Excerpts

Committee stage & Committee: 2nd sitting: House of Commons & Committee: 2nd sitting
Wednesday 8th January 2020 Commons Chamber

[Mr Walker]

The hon. Lady talks about assessments of future deals. The place in which to do that is not legislation that is focused on implementing the withdrawal agreement. I am afraid that it is simply not the case, as it was in the last Parliament, that the political arithmetic means that the Opposition can tie the Government up with all sorts of commitments and assessments. We need to ensure that we get the best deal for our economy, our health and our country, and it is right that we move forward by accepting the withdrawal agreement, legislating through the Bill and focusing on the next stage.

[Hilary Benn (Leeds Central) (Lab)]

As the Minister will be well aware, new clause 1 bears a marked resemblance to clause 31 in the previous version of the Bill. The Prime Minister said to the House on 22 October, talking about the now disappeared clause 31, that

“the intention is to allow the House to participate actively and fully in the building of the future partnership”—[Official Report, 22 October 2019; Vol. 666, c. 840.]

and the clause set out a whole process for doing that, so why was it a good idea to have that in the version of the Bill produced in October, but now it has apparently become completely unnecessary and terribly onerous for the Government?

[Mr Walker]

The answer to the right hon. Gentleman’s question is perhaps in some of the exchanges we had during that debate, when I was reaching out to him to suggest that he ought to support our orderly withdrawal from the European Union so that we could get on to the next phase of negotiations. Since then, we have had a general election that provides a clear mandate for this Government to take us forward, to deliver the withdrawal agreement, and to get into that next phase of negotiations. I think we need to focus on that.

We have are already engaged extensively with the devolved Administrations in our preparations for the negotiations, and we will of course continue to involve all parties, including those in Northern Ireland, as we begin those negotiations. Indeed, this speaks to the absolute necessity and the vital urgency of restoring a functioning Executive in Northern Ireland as soon as possible. The Government will support Parliament in scrutinising the negotiations. We have made a clear commitment in this Bill to Parliament’s scrutiny of the withdrawal agreement Joint Committee. To that end, clause 30 provides that when disputes arise, they must be reported to Parliament. Further, clause 34 states that only a Minister will be able to act as the UK’s co-chair of the withdrawal agreement Joint Committee, and clause 35 ensures that all decisions must be made by a Minister in person. That Minister will be accountable to Parliament. We therefore believe that new clause 47 should not be pressed.

The Government fully recognise the important role that devolved Administrations will play in ensuring that our independent trade policy delivers for the whole of the UK. It is the responsibility of the UK Government to negotiate on behalf of the United Kingdom, and it is vital that we retain appropriate flexibility to proceed with negotiations at pace. However, we have been clear that the devolved Administrations will remain closely involved. Therefore, there is no need to make provisions in statute when the Government are already working tirelessly to ensure that the views and perspectives of devolved Administrations are given full consideration in the United Kingdom’s trade policy. As such, I would urge hon. Members not to press new clause 64.

European Union (Withdrawal Agreement) Bill

Hilary Benn Excerpts

Consideration of Lords amendments & Ping Pong: House of Commons & Ping Pong
Wednesday 22nd January 2020 Commons Chamber

[Thangam Debbonaire]

Yes, the hon. Gentleman is absolutely right.

[Hilary Benn (Leeds Central) (Lab)]

My hon. Friend will be aware that the Brexit Select Committee in its former incarnation recommended a physical document. Many Members will have had this experience: constituents apply for further leave; employers say, “Prove you have leave”; they are told by the Home Office, “Apply to the checking service”; lots of employers refuse to do that, and as a result our constituents lose their jobs. Is that not precisely the kind of reason we need a physical document?

[Thangam Debbonaire]

My right hon. Friend is exactly right. I ask Government Members to imagine a future constituency surgery in which they are asked to explain to their constituents who are EU citizens why they have been denied a physical document or settled status or have experienced delays in getting that status changed, and have thus been refused a job or a home—because their MP refused to back this amendment. Their constituents will ask, “Why did you vote this way?” and they will need a good answer.