2 James Cartlidge debates involving the Attorney General

United Kingdom’s Withdrawal from the European Union

James Cartlidge Excerpts
Friday 29th March 2019

(5 years, 1 month ago)

Commons Chamber
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Nick Thomas-Symonds Portrait Nick Thomas-Symonds
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Given the Government’s conduct in negotiations in recent years, who knows? We can rule very little out.

James Cartlidge Portrait James Cartlidge (South Suffolk) (Con)
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I am grateful to my five-a-side colleague for giving way. Will he kindly tell us: which bits of the withdrawal agreement does he disagree with?

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William Cash Portrait Sir William Cash
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I have great respect for the hon. Lady. I will only say that we have had this debate before and we differ on the matter. Of course I want to see the Good Friday agreement retained, because it has been a tremendous triumph, and I in no way wish to disparage that. However, there are very serious questions about the constitutional status of Northern Ireland as a result of the backstop. I have heard hon. Friends—good friends of mine—who themselves may have changed their minds on whether to support the withdrawal agreement, repeatedly objecting to the backstop. We have had the distinguished Attorney General and Solicitor General opining on the subject. We have had some very interesting outcomes. However, the reality is that the backstop is an insuperable impediment to the House agreeing to the withdrawal agreement.

James Cartlidge Portrait James Cartlidge
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My hon. Friend talks about opting back into the European Communities Act, which we all know is what will happen in the transition, but there is a key word there: “transition.” Does he accept that the risk of defeating the withdrawal agreement today is that we will stay in the European Communities Act forever?

European Union (Withdrawal) Bill

James Cartlidge Excerpts
Wednesday 13th June 2018

(5 years, 10 months ago)

Commons Chamber
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Robert Buckland Portrait The Solicitor General
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I say to our friends and colleagues in the SDLP—I think in particular of Margaret Ritchie, the former Member for South Down, who, as we know, is rather unwell, and who was a dear friend and colleague prior to the election—that I must respectfully disagree with them on this issue. A commitment to the EEA is, I am afraid, a problem in the sense that I have outlined—it is a gateway to the four freedoms.

I want to deal with the issue of Liechtenstein and other countries. Liechtenstein has, of course, negotiated an immigration quota system, but it is a country of only 37,000 people. It is probably less than half the size of most of our constituencies. I do not see a permanent exemption on free movement being afforded to a country of the size of the United Kingdom, and that is why the intervention from the right hon. Member for Don Valley (Caroline Flint) was so important. For all those reasons, we cannot accept amendment (a) or the original Lords amendment on the EEA.

James Cartlidge Portrait James Cartlidge (South Suffolk) (Con)
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One consequence of free movement is that we restrict unskilled migration to Europe. Is it not the case that if we no longer have free movement but have a single immigration system, unskilled migration will, by definition, have to be open to people from anywhere?

Robert Buckland Portrait The Solicitor General
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My hon. Friend is quite right, and that is why we need to create a system that does not discriminate between EU and non-EU countries.

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Gareth Snell Portrait Gareth Snell
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It will come as no surprise to Labour Members that, when we divide this evening, I shall not be voting for Lords amendment 51; in fact I shall be voting; to remove it from the Bill. I do not believe that the European economic area is the answer to the problems we face. I have been very clear with my constituents at every opportunity that the problems we have in Stoke-on-Trent were not caused by the European Union, but a continuation of a Europe-lite version will not be their salvation either.

On the customs union, I fully support the work that Labour Front Benchers have been doing to secure a proper trading relationship for goods with the European Union once we have left. Our trade deal with South Korea is vital to the ceramics industry, and it is only by continuing those arrangements after exit day that we will be able to sustain growth in that very important industry in my city.

What I do not understand is those who now advocate that we can have some sort of customs union plus EEA membership. I am aware that Monsieur Barnier came out last night and said that that was possible, but as far as I am aware, nobody in this House today has spoken to the members of the European Free Trade Association to ask whether that is something that they are willing to wear. Many Labour Members have recently rightly argued that those who join a club late and then seek to fundamentally change its rules of association should not do so, and it is wrong that we should take that approach into the European Free Trade Association with the intention of trying to change the way it has operated for many years.

No one I have heard this afternoon has advocated joining the EEA without some form of change, whether that be to freedom of movement, the terms and conditions or the way we trade. If we do not believe that the EEA is the right model for us, why do we advocate hitching ourselves to it after exit day? Unpicking ourselves from the EEA will be much more difficult than getting the bespoke deal here and now that practically all of us have spoken about this afternoon. My right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) made that point when she said that there are elements of the EEA that simply would not work.

There has been much talk about articles 112 and 113 of the treaty around EFTA and the EEA allowing us to put a brake on immigration. Article 112 talks about severe and extreme societal, environmental or economic situations being taken into account for a time-limited period only. It does not address the concerns regarding immigration that were raised with me on the doorstep in Stoke-on-Trent during the general election. I take umbrage at Members who seek to suggest that people such as me and my right hon. Friend the Member for Don Valley (Caroline Flint) raise the issue of immigration simply because we are opposed to it. I want a firm and fair immigration system that allows those from Poland as well as Pakistan to come here, work hard, do their bit and pay their taxes.

James Cartlidge Portrait James Cartlidge
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Not for the first time, I want to talk about the EEA. Just to be absolutely clear, the EEA arrangement is distinctly inferior to the bespoke, deep trade relationship that we would like to negotiate under what I would call plan A, which is the Prime Minister’s policy. Equally, however, it is distinctly superior to WTO rules, if we fail to get a deal and we need a fall-back position. I have always set out that view.

I just remind everyone of a key point that we might have overlooked. People say that they would not want free movement to continue after we leave the EU but, whatever happens, it will be continuing through the transition, and we will not even have an emergency brake, a vote or a say. Even an EFTA member will have a say through co-determination rights in the EEA. It also has to be said that the issue would still be under the jurisdiction of the ECJ, rather than the EFTA court, which is a non-political court.

I have always very much argued that we should support the Prime Minister because we want to get that bespoke deal, and I still believe we will get it—it is the best option available to this country, for all the reasons that have been set out, particularly by those who campaigned to leave. It would be very odd if someone took the view that I have and then, just on the eve of an important negotiation, voted to completely change the Government’s negotiating stance. We should be backing the Prime Minister to achieve that deal. The question is what would happen if we did not have one later in the year, and I sincerely hope that we do not get to that point. I simply warn colleagues not to trash this option too much. It is not so much about burning bridges; we could be concreting over the only escape hatch credibly left to us if we get into a crisis.

Let me just address the immigration point, because the hon. Member for Stoke-on-Trent Central (Gareth Snell) raised it in his very good speech. When I intervened on my hon. and learned Friend the Solicitor General, he confirmed that if we end free movement in this country, we also end the fact that we legally restrict unskilled immigration to people from the European Union and, effectively, open it up to 90% of world’s population. That is a legal fact; we will no longer discriminate. Although we will “control” it, it is non-EU immigration that is now rising sharply. EU migration is falling sharply. Why is it falling sharply? In my view, and from what I hear from employers—this is a very welcome thing—it is because the economies of Poland and Romania are growing, and the well-qualified people who have come here to work on farms and so forth are getting good jobs back in their own countries. My hon. Friend the Member for Shrewsbury and Atcham (Daniel Kawczynski), who is of Polish descent, is agreeing, and that is certainly the situation I have found.

We in this Chamber need to debate unskilled immigration: whether we open it up to everyone, whether we have a visa system and whether we ourselves expect to need visas when we travel within Europe. The EEA is a good backstop, but it is not the ideal long-term position, which is why we should vote to support the Prime Minister today.

Mike Gapes Portrait Mike Gapes (Ilford South) (Lab/Co-op)
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Two years ago, we were told that the EU’s unity would shatter, that we would be able to pick off individual countries and get a deal, and that the German manufacturing industry would change the German Government’s position. The reality is that the European Union has kept a consistent position throughout the negotiations. Why? Contrary to the belief of the right-wing Rexiteers and the ideological Lexiteers—we do have some—the European Union is a rules-based, treaty-based organisation for which the four freedoms of the single market are integral.

The idea that we can cherry-pick our relationship with a bespoke British deal, whereby we get the benefits of access to the single market without being a participant in the single market, is an illusion. Whether we have a red cake with great big red cherries or a blue cake with great big blue cherries, the fact is that we will not be able to eat that cake, because we cannot get a better deal or as good a deal as we have in the single market once we have left the European Union.

The reality is that the belief that we could somehow have a bespoke deal that is as good as what we have now was always a fantasy, and the reality is now coming to a head. Because we wasted so much time after triggering article 50, we have ended up in a position where the clock is ticking very, very dangerously. We still have time to stop this process. We still have time to put any deal—if we do get a deal—to the people. But at the end of the day, if we in this Parliament do not assert our control, we will face disaster.

I support Lords amendment 51 on the EEA simply because I think we need a backstop. I predict that we will come back to that issue in the future. I cannot support the Labour Front-Bench amendment to that amendment, because it would take out the EEA, and I will therefore abstain on it.