EU: Withdrawal and Future Relationship (Motions)
Debate between James Cartlidge and Steve Barclay(5 years, 1 month ago)
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Stephen Barclay
As a former respected Minister, my hon. Friend will know that I am stating the clear position of the Government Law Officers. The same point also relates to the meat of motion (H), because line 5 states that we need to give notice to leave the EEA, which is not the case.
The second issue with motion (D) is that paragraph (1)(e) states that freedom of movement can be restricted to those “genuinely seeking work” or those with “sufficient resources”. Again, that is just incorrect. The existing position as a member of the EU28 is that controls can be put in place, but that has not happened because of how the UK operates. We do not have a registration or ID system or an insurance-based health system, so there are reasons why such controls are not used. With respect, the proposal is a fig leaf to disguise the fact that his solution requires the continuation of freedom of movement.
Stephen Barclay
I am conscious that 47 Members want to speak, so I will press on. I am sure that we will have a further debate before too many days have passed.
Turning quickly to motion (J) in the name of the Father of the House, my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), my concern is that it would open up a role for the courts given that it would be for them to adjudicate on whether the suggestion of a comprehensive UK-wide customs union has been met in our negotiating mandate.
Motion (O) is referred to by some hon. Friends as the Malthouse compromise—Malthouse plan B in this case—and it would involve paying for an implementation period. However, the EU’s clear position is that that proposal would be regarded as the UK reneging on an agreed fair settlement, which it has repeatedly said it is unwilling to accept.
As for the flaws of motion (K) from the Leader of the Opposition, we have been around these houses so many times that we do not dwell on them. Paragraph (a)(iii) refers to “dynamic alignment” but we have already committed to temporary alignment when it comes to implementing EU workers’ rights. Again, the motion also does not address the fact that the Opposition appear to accept the withdrawal agreement but seem reluctant to say so.
In conclusion, the motions before the House represent a range of suboptimal solutions that either do not deliver on the referendum result or do so in a way that would not deliver the benefits of the Prime Minister’s deal. That is why the deal remains the best method to deliver on the biggest vote in our history in a way that protects business and citizens’ rights.