UK’s Withdrawal from the European Union

Lady Hermon Excerpts

Wednesday 13th March 2019 Commons Chamber

[Michael Gove]

Obviously there is a diversity of views in this House, but I agree with my hon. Friend that it is in the interests of British farming, and indeed our broader environment, that we do not leave on 29 March without a deal. This is one of the reasons why I am making these arguments at the Dispatch Box now.

There are also political challenges in leaving on 29 March without a deal. As my hon. Friend the Member for South Leicestershire (Alberto Costa) pointed out, during the referendum campaign we argued that we should leave with a deal. I am also conscious that, while our mandate was clear, it is also the case that with a 52:48 result, we need to take into account the hopes and concerns of those people who did not vote to leave the European Union. The Prime Minister’s deal does that; it does more than that. Many people who voted to remain—including Members of this House in my party and in others—have accepted the result and wish us to leave in order to honour that mandate. However, they do not want us to leave on 29 March without a deal. There would inevitably be political strains and pressures consequent on leaving without a deal on 29 March that no Minister can afford to ignore.

More than that, it is important to stress that there are also significant constitutional challenges. It is the case, as several hon. Members have pointed out, that a majority of voters in Scotland and in Northern Ireland voted to remain in the EU, but we voted as one United Kingdom, and we voted to leave. It is striking that support for the Union in Scotland has risen since the vote—[Hon. Members: “It’s gone down!”] Well, we only need look at the ranks of Scottish Conservative MPs, who turfed out the partitionist part-timers of the SNP, to see which way the tide was flowing—[Interruption.] They don’t like it up ’em.

[Lady Hermon (North Down) (Ind)]

The Secretary of State will be well aware, as will other Members, that Northern Ireland has not had a functioning Assembly for over two years. We have had no Ministers in Northern Ireland for over two years. This House, including the Members of the Democratic Unionist party, must therefore give due weight to the serious warning issued last week by the head of the Northern Ireland civil service, David Stirling, about the grave consequences for Northern Ireland of a no-deal Brexit.

[Michael Gove]

The hon. Lady, for whom I have enormous respect, is absolutely, 100%, totally right. Of course, it is up to this House to take that decision, but it is the case, whatever the position in Scotland—there can be no doubt that leaving without a deal would impose additional pressures on our precious Union—that there would be particular pressures on Northern Ireland if we leave without a deal on 29 March. As the hon. Lady points out, Northern Ireland has been without a devolved Government for two years and, in the absence of the Stormont institutions, my right hon. Friend the Secretary of State for Northern Ireland has introduced legislation and guidance to empower Northern Ireland’s civil servants, including the wholly estimable David Stirling, to continue to take decisions that are in the public interest. That arrangement is sustainable at the moment, but it is the sincere hope of myself, my colleagues in Government and, I believe, almost everyone across the House that we can restore the Northern Ireland Executive.

However, it is also clear that the current situation, with no Executive, would be difficult to sustain in the uniquely challenging context of a no-deal exit. If the House voted for no deal, we would have to start formal engagement with the Irish Government about further arrangements for providing strengthened decision making in the event of that outcome. That would include the real possibility of imposing a form of direct rule. That is a grave step, and experience shows us that it is hard to return from that step, and it would be especially difficult in the context of no deal.

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[Keir Starmer]

I am aware that other Members wish to intervene. I am not being rude, but I really must press on.

[Lady Hermon]

Will the right hon. and learned Gentleman allow me to intervene?

[Keir Starmer]

I will give way to the hon. Lady, for obvious reasons.

[Lady Hermon]

That is very gracious of the right hon. and learned Gentleman, and no surprise; it is characteristic of him. He has been a great friend to Northern Ireland. He mentioned Northern Ireland earlier in his comments, but he did not spend enough time talking about his assessment of the constitutional risk faced by Northern Ireland if—heaven forbid—the United Kingdom were to leave the European Union without a deal. Will he reflect upon his assessment of that risk?

[Keir Starmer]

I am grateful to the hon. Lady for the opportunity to do so, because there is high anxiety in Northern Ireland, and indeed across Ireland as a whole—across all different communities—about the prospect of no deal. The people of Northern Ireland know that the open border is a manifestation of peace, and there is great concern that if anything happens at the border, that could put back the good work that has been done over the past 20 years. That anxiety is being debated while some of those elected to this House are not here to make known the views of those whom they were elected to represent. I do not say one way or another whether that voice should be here, but it is not in this debate. The Northern Ireland Executive are not functioning, so the constitutional circumstances that prevail in Northern Ireland, for a variety of reasons—I am casting no judgment—are such that there could hardly be a worse time to have this discussion. It has turned into a discussion about the very future of the island of Ireland. That is why I am impatient with those who think that we could somehow deal with the issue with a drone and a camera, because we could not.

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[Damian Green]

The one point in that intervention I agreed with is that we are in a very strange place at the moment. I think the whole House can agree with that.

[Lady Hermon]

rose—

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

Will my right hon. Friend give way?

[Damian Green]

I will allow one more intervention—the hon. Lady.

[Lady Hermon]

I am most grateful to the right hon. Gentleman for allowing me to intervene. I would like him to explain in some detail whether or not the proposals that he is asking the House to vote on tonight protect the Good Friday/Belfast agreement in all its parts, and particularly the consent principle, which is guaranteed in the withdrawal agreement—the Prime Minister’s Brexit deal—on page 307.

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[George Eustice]

No, I will not give way.

We may be ordering the Prime Minister to go cap in hand to the European Union to beg for an extension to article 50, and we do not know what counter-offer it may make. It may demand that that extension must be for two years, and it may demand a large financial charge for that extension. It may even say that it will not give an extension, but that it is open to us to revoke article 50. Members in this House may face a very difficult, very uncomfortable decision in just a couple of weeks’ time.

I believe that we must be willing, if necessary, to take our freedom first and talk afterwards. We know that the European Union—I worked closely in a lot of the preparations for no deal—is already seeking what is, in effect, an informal nine-month understanding.

There have been a number of points over the past two years when I think the Government could have reappraised their approach to the negotiations. Personally, it became clear to me a year ago, at the point at which the implementation period was agreed, that our negotiations were getting into a little bit of trouble, and that we were in danger of drifting along a path of least resistance, only to find that we had an agreement that Parliament would not accept. At about that time, something else interesting happened.

[Lady Hermon]

I am extremely and sincerely grateful to the hon. Gentleman for giving way. Can I take it that he has made a point of speaking to the Chief Constable of the Police Service of Northern Ireland, who has warned consistently about the dangers of no deal, of a hard Brexit and of a hard border on the island of Ireland?

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[Mr Duncan Smith]

I agree completely with my hon. Friend. That is my point on the concept of no deal versus managed exit. That is how I would refer to the process: we do it either by a completely upfront withdrawal agreement, or by a series of agreements. My point is that it is about managing the process of leaving.

That is why I put my name to amendment (f), which was tabled by my right hon. Friend the Member for Ashford (Damian Green). I fully agree that it is not perfect but it seeks to find a way in which hon. Members with completely different views can come together, recognising that the people voted to leave and that our job is to deliver that. Is there a way to deliver it if there is not the chance of an agreement?

[Lady Hermon]

Will the right hon. Gentleman give way?

[Mr Duncan Smith]

Forgive me, but I will not give way. I am sure the hon. Lady will ask the same question. The answer is that I have not spoken to the Chief Constable of Northern Ireland, but I take very serious consideration of that issue.

I do not believe that the Government’s deal is dead. What made it almost impossible for some of us to vote for was the Attorney General’s paragraph 19, which seemed to contradict the Deputy Prime Minister’s comments the night before. That is why the Malthouse compromise has gone forward. It covers both categories—making the deal, or being unable to make the deal—and that will allow us to reach an agreement.

The key is finding a way to replace the backstop as it exists now with alternative arrangements, which are listed in amendment (f)—I will not go through them now. My right hon. Friend the Member for Ashford is correct to say that we have essentially asked for four elements, behind which lie a great deal more detail that has been discussed in a series of meetings with my right hon. Friends on the Treasury Bench. We reached what I thought was a pretty good agreement. I credit the Prime Minister and others for having bound in those alternative arrangements. They were not bound in absolutely but they did make big progress in the deal she laid on the table, which will help enormously, because if we replace the backstop with the Malthouse alternatives, we get rid of the risk of the backstop being an imprisonment or an entrapment. It would become customs arrangements that allow all sides, including Dover and Calais, to trade successfully without too many problems. That is really the point.

I know that some of my colleagues are concerned—rightly—about extending for the sake of it. I am not in favour of that. In any case, I believe that will be rejected by the European Union because there needs to be a purpose. The point of the extension we propose is to meet the practicalities of getting the arrangements in place ready for the process of managed withdrawal without a withdrawal agreement. I would not vote for an extension with no purpose because all we will do is kick the can do the road, as the Prime Minister has said, ending up with exactly the same decisions to make only a few months later.

I recommend the Malthouse process because it allows us to manage the process of leaving carefully with practical solutions, as my right hon. Friend the Member for Ashford laid out. It allows us a period of time in which to create that. I recommend it to my hon. and right hon. Friends and Opposition Members. If we come together and vote for amendment (f), we offer two things: the opportunity to get an arrangement that allows us to leave with a withdrawal agreement or, in the event of not having such an agreement, we can manage the process of leaving in a way that takes away the fear of having no deal.