Asked by: Priti Patel (Conservative - Witham)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to paragraph 83 of the Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom, under which circumstances the Court of Justice of the European Union will (a) have jurisdiction, (b) make binding judgements and (c) make judgements that carry influence in the UK after 29 March 2019.
Answered by Chris Heaton-Harris
The UK and the EU agreed in the Political Declaration that the closer and deeper the partnership on law enforcement and judicial cooperation in criminal matters, the stronger the accompanying commitments. These may include the alignment of rules and the mechanisms for disputes and enforcement, including the role of the Court of Justice of the European Union (CJEU) in the interpretation of Union law.
As per the White Paper, the UK has always made clear that a deep and ambitious level of cooperation on internal security will also need to be underpinned by clear safeguards, such as robust governance arrangements, data protection arrangements and the protection of individual rights.
Furthermore, as the Prime Minister has always stated, we will respect the remit of the CJEU where we participate in an EU agency.
Asked by: Priti Patel (Conservative - Witham)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to the Draft agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, for what reasons it was agreed under article 3 of annex 2 that UK tariffs and rules shall align with those of the EU.
Answered by Robin Walker
The agreed Protocol guarantees that even in the unlikely event that the UK’s future relationship with the EU is not in place by the end of the implementation period, the UK will have a sovereign choice whether to bring into effect a temporary single UK-EU customs territory or to extend the implementation period for a short period of time until the new economic relationship is in place.
The single customs territory option replaces the EU’s proposal for a Northern Ireland-only customs ‘backstop to the backstop’ with a UK-wide solution. It would guarantee no tariffs, quotas or rules of origin between Northern Ireland and the rest of the UK, or between the UK and the EU. As such, the agreed position safeguards the economic and constitutional integrity of the United Kingdom and ensures people and businesses that rely on an open border between the Northern Ireland and Ireland can continue living their lives and operating as they do now.
Both the UK and the EU are committed to developing alternative arrangements to replace the backstop.The Political Declaration is clear that this includes looking at how facilitative arrangements and technologies can avoid a hard border. The UK and EU are legally obliged to use their best endeavours to conclude such an agreement by 31 December 2020.
Asked by: Priti Patel (Conservative - Witham)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to the publications entitled, Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom and Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, on what matters the Court of Justice of the European Union will exercise (a) jurisdiction, (b) binding judgements and (c) judgements that effect the UK after 29 March 2019.
Answered by Chris Heaton-Harris
The Prime Minister has been clear that the jurisdiction of the Court of Justice of the European Union (CJEU) will end as we leave the EU.
The Withdrawal Agreement ensures that the UK’s membership of the EU is wound down in an orderly way. It establishes a time-limited implementation period that provides a bridge to the future relationship, allowing businesses to continue trading as now until the end of 2020. As the implementation period is designed to ensure continuity and certainty for citizens and businesses, EU institutions, including the CJEU, will retain their current functions in respect of the UK.
After the implementation period, the CJEU will have jurisdiction, and the Commission will be able to bring infraction proceedings, only within the limited terms defined in the Withdrawal Agreement, which relate to the UK’s time as a Member State, the application of the implementation period, or the winding down of the application of EU law. Beyond that, UK courts will no longer be able to refer questions to the CJEU, other than for a time-limited period on the important matter of citizens rights and on very specific aspects of our exit from the EU budget. Disputes between the UK and the EU will not be resolved by the CJEU, but by a Joint Committee of the parties and an independent arbitration panel. The CJEU’s role will be strictly limited to the interpretation of EU law, consistent with the principle that the court of one party cannot determine disputes between the two.
In Northern Ireland, were the backstop to come into effect, the CJEU’s role would be strictly limited to interpreting and enforcing those small number of areas in which EU law would apply. However, as the Withdrawal Agreement and Political Declaration make absolutely clear, we do not want or expect the backstop to be needed - and even if it were ever to come into effect, it would be strictly temporary.
Asked by: Priti Patel (Conservative - Witham)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to the publications entitled, Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom, and Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, on what matters the Court of Justice of the European Union will exercise (a) jurisdiction, (b) binding judgements and (c) judgements that influence the UK after 29 March 2019.
Answered by Chris Heaton-Harris
The Prime Minister has been clear that the jurisdiction of the Court of Justice of the European Union (CJEU) will end as we leave the EU.
The Withdrawal Agreement ensures that the UK’s membership of the EU is wound down in an orderly way. It establishes a time-limited implementation period that provides a bridge to the future relationship, allowing businesses to continue trading as now until the end of 2020. As the implementation period is designed to ensure continuity and certainty for citizens and businesses, EU institutions, including the CJEU, will retain their current functions in respect of the UK.
After the implementation period, the CJEU will have jurisdiction, and the Commission will be able to bring infraction proceedings, only within the limited terms defined in the Withdrawal Agreement, which relate to the UK’s time as a Member State, the application of the implementation period, or the winding down of the application of EU law. Beyond that, UK courts will no longer be able to refer questions to the CJEU, other than for a time-limited period on the important matter of citizens rights and on very specific aspects of our exit from the EU budget. Disputes between the UK and the EU will not be resolved by the CJEU, but by a Joint Committee of the parties and an independent arbitration panel. The CJEU’s role will be strictly limited to the interpretation of EU law, consistent with the principle that the court of one party cannot determine disputes between the two.
In Northern Ireland, were the backstop to come into effect, the CJEU’s role would be strictly limited to interpreting and enforcing those small number of areas in which EU law would apply. However, as the Withdrawal Agreement and Political Declaration make absolutely clear, we do not want or expect the backstop to be needed - and even if it were ever to come into effect, it would be strictly temporary.
Asked by: Priti Patel (Conservative - Witham)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to the Draft agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, to which international organisations, agencies, conferences and forums the provisions of article 129 relate.
Answered by Chris Heaton-Harris
Article 129 of the Withdrawal Agreement sets out how the UK and EU should cooperate under the European Union’s External Action, including in international organisations, during the Implementation Period. It applies to all international organisations where the UK and EU are actors. This includes the UN and its agencies, and other international bodies, such as OECD and OSCE. The UK will remain an active and effective international player. We will continue to have a strong independent voice in the UN as a P5 member, and across a range of other UN bodies, agencies and in other international fora. The Withdrawal Agreement will not change this position.
Asked by: Priti Patel (Conservative - Witham)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to the Draft agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, for what reasons it was decided that the UK shall harmonise its commercial policy applicable to its customs territory with the common commercial policy of the EU.
Answered by Chris Heaton-Harris
The agreed Protocol on Ireland/Northern Ireland, in the Withdrawal Agreement, guarantees that even in the unlikely event that the UK’s future relationship with the EU is not in place by the end of the Implementation Period, there will be no hard border between Northern Ireland and Ireland.
The Prime Minister was always clear that there could be no customs border down the Irish Sea, which would see a division of the customs territory of the UK. As a result, the UK proposed a UK-wide customs arrangement, which has been secured in the Withdrawal Agreement. In order for the UK-wide customs arrangement to function, it requires the UK to align with the relevant aspects of the Common Commercial Policy. In this scenario, the UK would be able to negotiate, ratify and sign trade deals, and to bring into effect those elements that do not affect the Protocol - just as the government’s technical paper on this set out in June this year. Both sides have been clear that the backstop is an insurance policy which we do not expect to use, and if needed, is explicitly temporary.
Asked by: Priti Patel (Conservative - Witham)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to article 127 of the Draft agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, under what circumstances the UK will be able to refuse to be bound by the Union law imposed by that article; and what steps it will be possible to take to remedy situations in which Union law during the transition is not in the UK national interest.
Answered by Kwasi Kwarteng
We have provided for a time-limited implementation period precisely to give businesses and citizens certainty. This means that common rules will remain in place until the end of the period, allowing businesses to trade on the same terms as now up until the end of 2020.
It takes on average two years for significant new rules to pass through the EU, and it is therefore very unlikely that significant legislation will pass during the implementation period.
Asked by: Priti Patel (Conservative - Witham)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to the Draft agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Union and the European Atomic Energy Community, for what reason the provisions in Article 174 granting the Court of Justice of the European Union the jurisdiction to provide an interpretation of Union Law and of the Agreement was included.
Answered by Kwasi Kwarteng
Under the Withdrawal Agreement, if there is a dispute which involves a question on the interpretation of EU law, the panel will not decide on that question, but request the CJEU to give a ruling on it. It will, however, still be for the arbitration panel to rule on the dispute itself.
Under the EU Treaties, the CJEU is the only body which can deliver interpretations of EU law which bind the EU and its Member States. If the arbitration panel was empowered to interpret EU law and bind the EU and its Member States to this interpretation, it would be considered unlawful by the CJEU and prevent the EU from being able to sign up to such a provision.
Asked by: Priti Patel (Conservative - Witham)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to the Draft agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, for what reason it was agreed that the Court of Justice of the European Union can continue to exercise jurisdiction over the United Kingdom from (a) after the UK withdrawal from the EU on 29 March 2019, (b) at the end of the transition period and (c) after the transition period.
Answered by Kwasi Kwarteng
The Prime Minister has been clear that the jurisdiction of the Court of Justice of the European Union (CJEU) will end as we leave the EU.
The Withdrawal Agreement ensures that the UK’s membership in the EU is wound down in an orderly way. It establishes a time-limited implementation period that provides a bridge to the future relationship, allowing businesses to continue trading as now until the end of 2020. As the implementation period is designed to ensure continuity and certainty for citizens and businesses, EU institutions, including the CJEU, will retain their current functions in respect of the UK. After the implementation period, UK courts will no longer be able to refer questions to the CJEU, other than for a time-limited period on the important matter of citizens rights and on very specific aspects of our exit from the EU budget. Disputes between the UK and the EU will not be resolved by the CJEU, but by a Joint Committee of the parties and an independent arbitration panel. The CJEU’s role will be strictly limited to the interpretation of EU law, consistent with the principle that the court of one party cannot determine disputes between the two.