European Union (Withdrawal) Act 2018 Debate

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Department: Cabinet Office

European Union (Withdrawal) Act 2018

Lady Hermon Excerpts
Tuesday 29th January 2019

(5 years, 3 months ago)

Commons Chamber
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Theresa May Portrait The Prime Minister
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I will give way to the hon. Member for North Down (Lady Hermon) and then I will make some progress.

Lady Hermon Portrait Lady Hermon (North Down) (Ind)
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I am grateful to the Prime Minister for allowing me to intervene at this early stage.

The Prime Minister is trying to encourage this House to vote for an amendment that uses the words

“alternative arrangements to avoid a hard border”

on the island of Ireland. Forgive me, Prime Minister, if I say that those words are nebulous. They are nebulous; the Prime Minister has a duty to spell out to this House before we vote what those alternative arrangements are, and how on earth the other 27 EU member states are expected to agree to this revised arrangement before Brexit date on 29 March.

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Lord Clarke of Nottingham Portrait Mr Clarke
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Absolutely. We will not debate the constitutional history, but people are trying to invoke the strictest interpretation of Standing Orders going back to attempts in the late 19th century to stop the Irish nationalists filibustering, which brought the whole thing grinding to a halt. Now we are saying that as this Parliament has the temerity to have a range of views, some of which are not acceptable to the Government, Standing Orders should be invoked against us to discipline us. Anyway, I will not go back to that, but I agree with my right hon. Friend.

The other thing that I shall vote for is another thing that supports the Prime Minister’s stated ambition for the long-term future of the country: open borders and free trade between ourselves and our markets in the EU, as demanded by our business leaders, our trade union leaders, and, I think, most people who have the economic wellbeing of future generations at heart. I think the only known way in the world in which we can do that is to stay in a customs union, and also to have sufficient regulatory alignment to eliminate the need for border barriers. I do not mind if some of my right hon. and hon. Friends prefer to call the customs union a “customs arrangement” or if they care to call the single market “regulatory alignment”. I do not feel any great distress at their use of gentler language to describe these things. Nevertheless, something very near to that is required to deliver our economic and political ambitions.

It is also the obvious and only way to protect the permanent open border in Ireland. We do not need to invent this ridiculous Irish backstop if the whole United Kingdom is going into a situation where it has an open border with the whole European Union in any event. The Irish backstop was only invented to appease those people who envisaged the rest of the British Isles suddenly deciding to leave with no deal before we had finished the negotiations in Europe. Well, let us forget that. Let us make it our aim—it will not be easy but it is perfectly possible—to negotiate, probably successfully, with the other 27 an open trading economic and investment relationship through the single market and the customs union.

Lady Hermon Portrait Lady Hermon
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I am very grateful to the Father of the House for allowing me to intervene. I just want to say ever so gently that in his very nice tribute to the hon. Member for North Down, I think he might have accidentally referred to the lady as an Irish Member of this House. No, I am very much a British Member of this House. However, he is absolutely right that I feel passionate about protecting the Belfast agreement—the Good Friday agreement—and the peace that it has delivered in the past 20 years across Northern Ireland and across the whole United Kingdom. The backstop was there to protect that peace, and I am very sorry that the Prime Minister has moved away from that today.

Lord Clarke of Nottingham Portrait Mr Clarke
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I apologise to the hon. Lady, but I must explain to her that I refer to her and her colleagues as Irish Members of Parliament in the same way that I would refer to myself as an English Member of Parliament, or perhaps to a colleague as a Welsh or Scottish Member of Parliament. [Hon. Members: “Northern Irish.”] She is Northern Irish. I can assure her that not only do I agree entirely with the views she just expressed about what we are seeking here, but I am as keen a Unionist as she is, and I do not wish to see the break-up of the present United Kingdom. I think that she and I are in total agreement.

The other thing I would support, which arises in the context of one of the amendments we are talking about, is that the Government obviously should no longer resist this House having indicative votes. It is absurd that we have been trying to get a debate and a vote on some of the more obvious things for months now, and as time goes on, the Government are still trying to make it difficult to have a vote on them. When we have the votes, no doubt the Government and the Opposition will start imposing three-line Whips on everybody to take a narrow focus, trying to take us all back towards the failed withdrawal agreement or the rather confused Labour party policy and ensuring that we shoot down every other sensible proposition. There are quite a lot of sensible propositions flying around the House that are superior to the policy of the Government so far and certainly superior to the policy of the Leader of the Opposition. Indicative votes enable us in the time available—to shorten delay further—to give an expression of will and an instruction to the Government about the nature of the long-term arrangements that we want.

To go back to where I started, the circumstances at the moment mean that we have to strive to restore confidence in our political system, our political institutions and, above all, this House of Commons and ensure that an outcome of that kind emerges, because if this shambles goes on much longer, I hate to think where populism and extremism will take us next in British democracy.

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Graham Brady Portrait Sir Graham Brady
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My right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) made it very clear that he welcomed some of the changes that have taken place, as well as the debate that we are having, but that was not a dramatic procedural change; I am talking about things that go right to the heart of how this place is run. As Mr Speaker will recall, many years ago I had the pleasure of serving on the Select Committee on Reform of the House of Commons, which became known as the Wright Committee, and I have a long history of interest in reform of Parliament. I am very proud of changes that we achieved, and we sought to achieve others as well. However, I warn colleagues of the danger of doing these things without considerable forethought and consideration; we are often stuck with changes for many years or decades, and they can have unintended consequences.

I shall speak briefly to my amendment (n). I tabled it having seen the agreement reached at Chequers and the progress made towards a withdrawal agreement that clearly not all of us could embrace with great enthusiasm. It became obvious to me, for a variety of reasons, including the fact that we do not have an overall majority in the House of Commons and the complexity of the arrangements, that it would be necessary to compromise. As we worked towards the withdrawal agreement, I thought we might reach a point at which there was a compromise that we could embrace, if only with a lack of huge enthusiasm. However, there was in the withdrawal agreement one compromise too far. It was not, it is important to say, the whole concept of a backstop. The compromise too far was the possibility that, as brought forward, the backstop arrangement, which was explicitly never intended to be other than temporary, could become a permanent arrangement, and so lock in a situation in which Northern Ireland was treated differently from the rest of the United Kingdom perpetually and in which the whole United Kingdom was locked in the customs union in perpetuity. That is why I could not support the withdrawal agreement when we voted two weeks ago, and I know it was the most important, but not the only, reason why so many Conservative colleagues—and, I think, Democratic Unionist colleagues—were unable to bring themselves to support the agreement.

After the defeat of the agreement by such a big majority, the fashionable idea took hold that there was simply nothing that the House could agree—no majority for any arrangement that could possibly deliver the result of the referendum and take us out of the European Union in an orderly fashion. I do not believe that that is true. I hope to demonstrate with amendment (n) that there is an agreement that can win majority support in the House of Commons. By voting for the amendment, we can send the Prime Minister back to Brussels to negotiate, having strengthened her hand.

Lady Hermon Portrait Lady Hermon
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rose—

Graham Brady Portrait Sir Graham Brady
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I would very much like to give way to the hon. Lady, but I have used up my two allowed interventions.

We can send the Prime Minister back in a strengthened position, able to say that she has a real mandate from this House, and to ask for real change.

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Lady Hermon Portrait Lady Hermon
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I have waited very, very patiently, but I have run out of patience. I would like the Secretary of State to explain to this House exactly what the alternative arrangements are. It is a straightforward question and we are entitled to a straightforward answer.

Steve Barclay Portrait Stephen Barclay
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That will be part of the negotiation that we will discuss in terms of the technical issues. What is not in doubt is that our commitment is shared by the hon. Lady, who has criticised Labour Members who, unlike the sister parties of the Labour movement in Northern Ireland, have not backed this deal or reflected the will of either the Labour movement in the south or that in the north. The fact is that they have walked away from the deal, even though the deal is the way to secure our steadfast commitment, which my right hon. Friend the Prime Minister repeated today, to ensuring that no hard border returns to Northern Ireland.