European Union (Withdrawal) Act

Lady Hermon Excerpts

Tuesday 15th January 2019 Commons Chamber

[The Attorney General]

I understand the force of what my hon. Friend says, but precisely the same prevails in numerous EU countries. For the purposes of regulation, the Canary Islands are treated as a third country to Spain. It is not for the purposes of regulation alone—single market regulations alone. There are examples all around the world of where there are regulatory differences between individual parts of the jurisdiction of sovereign states.

[Lady Hermon (North Down) (Ind)]

On a previous occasion, in early December, in what I thought was a magnificent performance, Attorney General, you used a very striking description of the backstop. You described the backstop as an “instrument of pain”—

[Mr Speaker]

I did not.

[Lady Hermon]

You are quite right, Mr Speaker. The Attorney General described the backstop as an instrument of pain. He said it was

“as much an instrument of pain to the European Union as…to the United Kingdom.”—[Official Report, 3 December 2018; Vol. 650, c. 555.]

That is very strong language indeed—an “instrument of pain” for the European Union. Will the Attorney General take some time to explain that in detail? I think that would be very helpful.

[The Attorney General]

I am immensely obliged to the hon. Lady because that is precisely what I want to move on to.

If we accept, and I urge this House to accept, that effectively 90% of this withdrawal agreement—some 450 of the 585 pages—in fact settles these crucial outstanding matters, which no sensible person could doubt require to be settled in order to effect our departure, that leaves the two grounds of objection that have been advanced—I listen with great care to speeches from Members on the Opposition side of the House—to this agreement and declaration, so may I come to those two grounds? Before I do, I simply say that there are some typical misconceptions about the withdrawal agreement. For example, it is said that the Court of Justice of the European Union retains jurisdiction over our courts once the time-limited obligations have wound down that the withdrawal agreement settles. It does not. It does not. It does not. It does not. How many times do I have to say it to my hon. Friends? [Hon. Members: “More.”] It does not! The fact of the matter is that once—once—these obligations have wound down, the CJEU will have no jurisdiction over the resolution of disputes between individuals, citizens, businesses in our country. This is what our people voted for and we, by adopting this withdrawal agreement, can give it to them.

Secondly, it is said that we will be permanently bound by EU rules. But we will not. The fact of the matter is that the withdrawal agreement’s obligations are inherently time-limited. Once they have wound out, the EU rules will no longer have effect in this country.

--- Later in debate ---

[Nick Thomas-Symonds]

No, I am not.

Let me be clear: this backstop provides only a bare bones customs union, and that is why we cannot support it.

[Lady Hermon]

May I inform the hon. Gentleman—I am sure he already knows—that the vast majority of farmers, businesses, fishermen and community leaders in Northern Ireland strongly support this deal negotiated by the Government? I heard his warm words about his support for the Good Friday agreement, but actions speak louder than words. Voting down the Brexit deal tonight will be a clear signal that the Labour party does not care about the consequences for the Good Friday agreement.