European Union (Withdrawal) Act

Lord Hammond of Runnymede Excerpts

Monday 14th January 2019 Commons Chamber

[Barry Gardiner]

The hon. Gentleman is extremely courteous and always punctilious about the truth of what is said in this Chamber. I simply stated the fact that the Prime Minister had said it was impossible to renegotiate but that, when she faced defeat, she tried to do what she herself had said was impossible.

The Government could have used some of this time to respond to the Treasury Committee by providing proper economic assessments containing an analysis of the Northern Ireland backstop and setting out the short-term economic impact of the Prime Minister’s proposed deal. On 11 December, the Committee published its report on the withdrawal agreement and the political declaration. It concluded:

“The White Paper scenario, which is akin to the Chequers proposal, represents the most optimistic and generous reading of the Political Declaration, insofar as it is consistent with it at all. It does not represent the central or most likely outcome under the Political Declaration. Therefore, it cannot be used to inform Parliament’s meaningful vote on the Withdrawal Agreement. The information provided includes no analysis of the Backstop, and there is no short-term analysis of any of the scenarios, including on public finances and on regional and sectoral job losses and gains. The Government has only provided long-term analysis, which does not show how the economy will transition to a new trading relationship, or the path taken by inflation and unemployment”.

The Chair of the Committee, the right hon. Member for Loughborough (Nicky Morgan), commented:

“The aim of this report is not to recommend how MPs should vote, but to ensure that MPs are as informed as possible when it comes to choosing a division lobby. Yet the Government has made this difficult to achieve. The Committee is disappointed that the Government has modelled its White Paper, which represents the most optimistic reading of the Political Declaration, rather than a more realistic scenario. The Committee is also disappointed that the Treasury has not analysed the backstop and fails to include short-term analysis of any of the scenarios, including impacts on public finances and on regional and sectoral job losses or gains.”

In the Chancellor’s letter responding to the Committee, he revealed that

“there is not yet sufficient specificity on detailed arrangements for modelling purposes, and therefore the provisions of the backstop have not been included in the analysis.”

Indeed! Members are being asked to take one of the most important decisions for our country on the basis of inadequate financial information, and it is precisely this lack of specificity that has left Members across the House unable to have confidence in the Prime Minister’s deal.

[The Chancellor of the Exchequer (Mr Philip Hammond)]

Will the hon. Gentleman acknowledge that the cross-Government modelling to which he refers looked at the situation 15 years out? Of course it does not reflect the inclusion of the backstop. The backstop, if it were used, would be a temporary arrangement, so it is completely irrelevant to the stable state 15 years out.

[Barry Gardiner]

Of course it was right to look at the 15-year long-term assessment. Nobody is disputing that. Indeed, I will quote later from precisely that analysis. The problem is—and this is not just my criticism but the all-party Treasury Select Committee’s criticism—that these crucial elements of how we will transition to the future relationship have not been analysed or presented to the House.

--- Later in debate ---

[The Chancellor of the Exchequer (Mr Philip Hammond)]

This has been a wide-ranging and interesting debate that has exposed clearly the different and passionately held views on all sides of the wider argument about Brexit. In my contribution to this debate on 6 December, I set out the economic case for a deal, the damage that would be likely to result from disruption of cross-border supply chains in a no-deal scenario, and how a deal would deliver a dividend for the UK economy in terms of both economic growth and the public finances. Those arguments remain valid, and you will be relieved to hear, Mr Speaker, that I do not intend to repeat or elaborate on them.

We have heard arguments in favour of the full range of options for both exit mechanics and the future relationship between the UK and the EU. Indeed, I think I heard pretty much the full range within the speech of the hon. Member for Brent North (Barry Gardiner). At one moment, I thought he might be on the brink of applying for associate membership of the European Research Group.

A large group of my hon. Friends recognised in their contributions the logic of the Prime Minister’s deal and the need for a compromise so that we can move on as a country. My hon. Friends the Members for Stafford (Jeremy Lefroy), for Thirsk and Malton (Kevin Hollinrake), for Harborough (Neil O’Brien), for Chichester (Gillian Keegan), for Waveney (Peter Aldous), for Gloucester (Richard Graham), for Hitchin and Harpenden (Bim Afolami), for Taunton Deane (Rebecca Pow), for Elmet and Rothwell (Alec Shelbrooke), for North West Norfolk (Sir Henry Bellingham), for Maidstone and The Weald (Mrs Grant) and for Halesowen and Rowley Regis (James Morris), and my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald), all made that point. I think my right hon. Friend the Member for Chelsea and Fulham (Greg Hands) was in that category as well.

My hon. Friend the Member for North West Norfolk probably summed it up best when he said that he himself would like “a 100% Brexit” but recognised that only 52% voted for it, so that to unite the country we all have to compromise. This is a time for individual sacrifice in the greater good.

Two of my hon. Friends were a little more blunt in their contributions: my hon. Friend the Member for Monmouth (David T. C. Davies) and my right hon. Friend the Member for Chesham and Amersham (Dame Cheryl Gillan) recognised explicitly that their motive for voting for the Prime Minister’s deal was a fear that the alternative might be no Brexit at all.

[Peter Kyle]

The Chancellor is praising other people for compromise, but if the deal is defeated tomorrow, will he stick to that principle and will he compromise further with other people who are expressing other views, particularly those of us who think that the public should be brought back into this discussion?

[Mr Hammond]

The deal that the Prime Minister has presented to Parliament very clearly is a compromise between the views of people on both sides of this argument. It will not deliver 100% of what anybody wants, and the Prime Minister herself has recognised that only this afternoon.

I want to mention my right hon. Friend the Member for New Forest West (Sir Desmond Swayne), because I think he summed up what is still a dilemma for many—that the middle is being squeezed from both sides—and I wish him well in his consideration of these important issues over the next 24 hours.

Opposition Members made many points. A group of them—the hon. Members for Rotherham (Sarah Champion), for Gedling (Vernon Coaker) I think, for Blackpool South (Gordon Marsden), for Scunthorpe (Nic Dakin) and for Merthyr Tydfil and Rhymney (Gerald Jones)—while clearly rejecting the Prime Minister’s deal, which I acknowledge, were all I think signalling that they would wish to be able to support a deal and to find a way forward, explicitly recognising that no one is going to get everything that they want.

I listened carefully to the contributions and the concerns that were expressed, and I believe that the architecture of the Prime Minister’s deal is capable of accommodating such concerns if that is what we as a nation want to do. It is in that spirit that the Government have accepted the amendment proposed by the hon. Members for Bassetlaw (John Mann) and for Don Valley (Caroline Flint). However, we must distinguish between adjustments to the negotiated future relationship and seeking to renegotiate the withdrawal agreement—something that is simply not deliverable. I shall return to that theme later.

A number of hon. Members on the Opposition Benches—the hon. Members for Bath (Wera Hobhouse), for Aberdeen North (Kirsty Blackman), for Midlothian (Danielle Rowley), for Edinburgh West (Christine Jardine) and for Huddersfield (Mr Sheerman)—simply wished to turn back the clock and pretend that this whole thing had never happened. I urge hon. Members expressing that view to consider carefully the wider consequences for our political system if that were to happen. I would say to Scottish colleagues who expressed that view that their arguments would be more powerful if they could show an ability to consider the consequences for the UK as a whole, as well as the consequences for Scotland.

I thought the hon. Member for Manchester Central (Lucy Powell) made a crucially important point, which is that the House needs to find a way to show what it is for, not just what it is against. She went on to make, I think, the sole pitch of the evening for the Norway model.

[Joseph Johnson]

Has the Chancellor by any chance read the powerful letter in today’s Financial Times from the former EU Financial Services Commissioner, Jonathan Hill? He said that he had yet to meet anybody who felt that the Norway model would work for the UK’s financial services industry. In fact, he felt that EEA members had so little influence on the EU’s rule making for financial services that they were grateful if anybody even replied to any of their correspondence.

[Mr Hammond]

I have been making effectively the same point myself for about the last year. We concluded that the EEA model would not work for Britain’s most important sector, financial services. The deal that the Prime Minister has negotiated has within it good and strong provisions for financial services and will be a much better result for the financial services industry than the EEA model would be.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

rose—

[Mr Hammond]

I will give way briefly to the hon. Gentleman and then I must make some progress.

[Lloyd Russell-Moyle]

Will the Chancellor explain to us, then, how this deal gives our country more say in how Europe defines its financial services, which we will want to continue to trade with, compared with what we currently have as members?

[Mr Hammond]

Without wishing to digress too far, the simple point is this. Under an EEA model, the whole of the UK financial services sector and all its sub-sectors would be subject to European Union regulation in perpetuity, without any ability to opt out. Under the model that we have agreed with the European Union under this deal, we will be able to seek equivalence where it is right for us to do so and not to seek equivalence where it is clearly not in our interest to do so, for example in the insurance sector.

A group of my hon. Friends—my hon. Friends the Members for North West Leicestershire (Andrew Bridgen), for Bournemouth West (Conor Burns), for North East Somerset (Mr Rees-Mogg) and for Fareham (Suella Braverman)—made the case for what I will call an ideological Brexit: leaving with no deal and without any fear of the consequences. I profoundly disagree with them, but I respect their arguments. They are sincerely made and genuinely held.

A further group of my hon. and right hon. Friends—my right hon. Friends the Members for Chingford and Woodford Green (Mr Duncan Smith) and for Uxbridge and South Ruislip (Boris Johnson) and my hon. Friends the Members for York Outer (Julian Sturdy), for South Dorset (Richard Drax) and for Amber Valley (Nigel Mills)—made the case for getting a better deal and, implicitly, if that was not achievable, leaving without a deal. I have to say that getting a better deal is not a realistic outcome at this stage in the process. I will return to that theme in just a moment.

Finally, the argument was made by my hon. Friends the Members for Orpington (Joseph Johnson), for Bracknell (Dr Lee) and for Totnes (Dr Wollaston) and by the hon. Members for Ilford North (Wes Streeting), for Walthamstow (Stella Creasy), for Hammersmith (Andy Slaughter), for Stroud (Dr Drew) and for Westminster North (Ms Buck) for a second referendum. Most of those Members were clear that, in arguing for a second referendum, what they are hoping to achieve is a reversal of the Brexit decision.

With just 73 days left before we leave the European Union, we have to recognise the basic architecture of the process we are engaged in, the constraints within which we are operating and the nature of the decision we are faced with. We in this Parliament have essentially three routes open to us over the next few weeks: a negotiated deal where both the divorce arrangements and the future relationship, as well as how we manage the process in an orderly way, are agreed with the EU, with an implementation period guaranteeing a smooth transition; an exit with no deal and no transition, where key elements of the divorce such as the financial settlement will ultimately be determined by the courts, where protections for citizens will be unilateral, with an abrupt end to single market access and other privileges of membership for both businesses and citizens, and where there will be no agreed framework for managing the process of resolving disputes, with all the attendant risks of disruption that that will bring; or the third option, a revocation of the article 50 notice and no Brexit at all.

[Wes Streeting]

I am grateful to the Chancellor for giving way. Throughout this process he has been far and away the coolest head around the Cabinet table, constantly advocating for the economic interests of the deal over some of the hotheads, many of whom left the Government. So why on earth, at this late stage, is he still countenancing the prospect of no deal? How can he justify spending billions of pounds on preparing for a no deal that he does not want, that the Prime Minister does not want, that this House does not want, that the country does not want and that businesses do not want? It is fuelling uncertainty, it is adding to anxiety and it is costing the taxpayer. It is reckless and irresponsible. Why on earth is a serious person such as the Chancellor still persisting with this absolute fantasy? It is a disgrace. Rule it out!

[Mr Hammond]

Mr Speaker, we are engaged in a debate here and, whether the hon. Member likes it or not, a number of my colleagues have advocated the merit of a no-deal exit. I have made it very clear that I do not agree with them, but I respect their position because it is a sincerely held position, consistently expressed. While I do not agree with them, I will vigorously defend their right to express their point of view.

Those are the three possible outcomes from where we are now.

[Stella Creasy]

Will the Chancellor give way?

[Mr Hammond]

I will not give way; I need to make some progress.

It is clear to me that the majority of this House is opposed to no deal, for very good reason in my view. When the British people voted narrowly to leave the EU, they did so at the end of a campaign that had emphatically promised them a better life outside the EU. Like the vast majority of us in this House, I won my seat at the general election on a manifesto pledge to deliver on that referendum decision. So although I did not make those promises, I feel bound to ensure that we not only deliver Brexit but do so in a way that makes good on the promise of greater prosperity. A no-deal Brexit would not do that and would therefore, in my view, be seen as every bit as much a betrayal as no Brexit at all.

[Stella Creasy]

I thank the Chancellor for giving way. He has just said that it is right for this country to do Brexit in a way that would bring prosperity. Will he say which of the Brexit scenarios, which his Department has done the figures for, show this country being better off?

[Mr Hammond]

It is very clear, and I have had the discussion in the Chamber many times, that the closer our relationship with the European Union, the closer the trading partnership we are able to maintain and the less friction there is in our trading relationships, the greater our prosperity and our economic growth will be. A no-deal Brexit would not do that.

I believe we have an obligation to deliver Brexit, and to do it through a negotiated deal that protects Britain’s jobs and Britain’s businesses. At the other extreme, a revocation of article 50 would indeed be seen as a betrayal. It would reinforce disillusion with the political system and it would seriously risk fuelling populism at a time when we in this country can least afford it.

[David T. C. Davies]

Will my right hon. Friend confirm that all the statistics, which are being thrown around somewhat inaccurately by some in this Chamber, show that under every and any scenario Britain will be better off? It is simply a case of how much better off—that is what we are arguing about.

[Mr Hammond]

My hon. Friend is of course right. A number of hon. Members have appeared to suggest in their remarks that we might be absolutely worse off in certain circumstances. The analysis the Government have published shows that that is clearly not the case. The country will be better off. The economy will grow in every modelled outcome. The question is merely by how much.

I believe the great majority of right hon. and hon. Members have either come or will come to the same conclusion as me: that the only Brexit that will protect our economy for the long run while honouring the referendum decision is a negotiated, orderly agreed Brexit, with an implementation period to allow a smooth process from our membership of the EU to a future close partnership with the EU that protects the vital trade, economic security and cultural links between the UK and our neighbours—in short, a deal.

[Lucy Powell]

I thank the Chancellor for his generous comments earlier about my contribution. To be clear—I say this to offer an olive branch to the Government—the EEA, Norway-plus, common market 2.0 option would involve us voting for the withdrawal agreement, but with a different political declaration that would more closely align us with the single market and the customs union. He might want to think about that before dismissing it.

[Mr Hammond]

The hon. Lady acknowledges something that the Chancellor of the Duchy of Lancaster said in his contribution a couple of days ago. It is important for us to remember that any form of negotiated solution requires a withdrawal agreement, and that has to include provisions around the financial settlement, citizens’ rights and the Irish border. The EU has made it clear that it is not prepared to renegotiate the withdrawal agreement that has already been negotiated.

I am not suggesting that all those who recognise the need for a deal support the Prime Minister’s deal. I know that that is not true, but I want to make the case that this deal can provide a way forward for all those who support a deal. I want to explain why those who call for a deal, but not this deal, as a number of Members from all parts of the House have done—people who dream of a negotiated arrangement without the Irish backstop or of single market access without the entry fee and without free movement of people—are simply dreaming, because the deal that is on the table represents the high water mark. A withdrawal agreement is a necessary precondition to any negotiated deal with the EU and to any form of transition or implementation period. Without a withdrawal agreement, the EU will not negotiate any form of future relationship.

On citizens and money, we have reached good outcomes in the withdrawal agreement. On the Irish protocol, clearly none of us is comfortable with the temporary backstop arrangement, which is why all of us—the UK Government, the Irish Government and the EU—will be seeking to avoid its use under any circumstances and have committed to using our best endeavours to ensure that it will never be used and that in the unlikely event that it is, it is replaced by new arrangements as rapidly as possible. It is not a trivial point that the backstop fundamentally challenges the EU’s core principles.

We should be in no doubt, either, that the EU means what it says about the withdrawal agreement not being open for renegotiation. If we want a negotiated future relationship of any kind—I say this to the hon. Member for Manchester Central—it will be based on the withdrawal agreement that is before the House tonight.

[Sir John Hayes]

We have heard once again that the backstop is undesirable and no one wants it. We have heard that it is temporary and an insurance policy. Every insurance policy is time-limited. If neither side wants it and everyone acknowledges that it is temporary, why can we not put a date on it and end it at a particular time? Surely that is not unreasonable.

[Mr Hammond]

I do not know how much engagement my right hon. Friend has with the insurance industry, but it would baulk at the notion that an insurance policy is time-limited. If someone is covered by an insurance policy against the acquisition of some terrible disease, such as asbestosis, it may be 10 or 20 years later that they discover they are a sufferer. They would expect the insurance put in place to cover them. The European Union and the Irish Government are very clear that the withdrawal agreement is negotiated on the basis that the backstop provides an absolute reassurance that in every circumstance, the Irish border will remain open.

The Prime Minister said earlier this evening that her deal is a compromise, and she was clear in her Lancaster House speech at the outset of the process that achieving an agreement would require compromise. The political declaration that has been achieved has exceeded our expectations in the commitments that the EU has made: an agreement to construct the closest economic relationship between the EU and any advanced economy in the world; a free trade area for goods with no tariffs, no fees, no charges and no quantitative restrictions; a commitment to an ambitious relationship on services and investment, including financial services, building on the most ambitious achievements of EU trade deals; and agreement to further co-operation across a wide range of sectors, from transport to energy and data. It provides a strong basis on which to negotiate the legal text of our future partnership agreement, and the Prime Minister has made it clear that we expect Parliament to play a prominent role as we shape the political declaration into a legally binding text.

[Alison Thewliss]

Despite what the Chancellor has just set out, the reality is that nothing he has described tonight will be as good as the situation we have now as an EU member state.

[Mr Hammond]

It is a balance, and I have personally come to the conclusion that the damage that would be done to our political system, the resulting instability and the economic consequences mean that the economic cost of going back would outweigh the economic cost of going forward. I am sorry if the hon. Lady does not agree, but I can assure her that I have thought very long and hard about this.

Those who believe, as his tests suggest the Leader of the Opposition does, that it is possible to have the exact same benefits of being in the EU while being out of it—[Interruption.] I know that the shadow International Trade Secretary agrees with me, because he wrote so in The Guardian this morning. Those people are simply wrong. I recognise that there are people on the Conservative Benches who have a principled objection to the Prime Minister’s deal. I respectfully disagree with them, but I recognise that their motives are honourable.

I wish that I could be as charitable about the Leader of the Opposition and the shadow Chancellor. They say they reject the Prime Minister’s deal because they want a strong and collaborative future relationship, but the Prime Minister’s deal delivers that. They say they want fair management of migration in the interests of the economy and communities, but the Prime Minister’s deal delivers that too. They insist on measures to defend rights and protections and to protect national security and on the capacity to tackle cross-border crime and to deliver for all regions and nations of the UK, but the Prime Minister’s deal does all those things already. The only one of the Labour leader’s tests that the Prime Minister’s deal does not meet is the demand that Britain should receive, as a non-member, the exact same benefits of membership—[Interruption.] I did not say the same thing. Even the Leader of the Opposition must be able to work out that such a demand could never be delivered, and of course that is why he made it. I say to him that it is time to put the national interest first, to stop chasing unicorns and to start engaging in the real debate.

The deal before the House honours our pledge to implement Brexit, delivering control of our borders, laws and money, while also fulfilling our vision for a future partnership with the EU that will support Britain’s prosperity and security in the years ahead. In short, it delivers the Brexit promised in the referendum. That makes it a remarkable achievement—a compromise that everyone in the UK can get behind, however they voted in the referendum. The ability to compromise and find a way through is, after all, one of our great strengths as a nation—it is what gives our society its resilience. It is a characteristic that has been less in evidence in the Brexit debate over the last couple of years, but one that we need to rediscover as a matter of urgency.

No one is going to get exactly the Brexit they want, but in this deal we have a way forward that everyone can live with. Time is not on our side. We as a House now need to move swiftly and decisively to get behind the deal, to make the tough choices needed to simultaneously deliver the Brexit people voted for, protect our economy and our national security and give people the brighter future they were promised. Neither no deal nor no Brexit will allow us to come together as a nation and move on. Both would leave a sizeable proportion of the population feeling cheated and betrayed. The deal is the compromise that can bring the whole nation together, and I commend it to the House.