European Union (Withdrawal) Act

Robert Syms Excerpts

Wednesday 5th December 2018 Commons Chamber

[Mr Mark Harper (Forest of Dean) (Con)]

One of the things we are seeking to do as we leave the European Union is to make sure that we do not have a hard border between Northern Ireland and the Republic of Ireland. The way I think we should solve that—I think this is the Government’s position—is to have a free trade agreement. The problem I have is the backstop in the withdrawal agreement.

The Prime Minister was clear that a backstop that treated Northern Ireland differently and put a border in the Irish sea was unacceptable and not something any British Prime Minister could sign off. I am afraid to say that she has done exactly that. I was not 100% convinced of that, based on my own analysis of the withdrawal agreement. I am just a humble accountant, not an expert lawyer. This morning, however, I read the legal advice—the letter from the Attorney General to the Prime Minister about the legal effect of the protocol. Paragraph 7 is plain and clear:

“NI remains in the EU’s Customs Union, and will apply the whole of the EU’s customs acquis, and the Commission and the CJEU will continue to have jurisdiction”

over it, and:

“Goods passing from GB to NI will be subject to a declaration process.”

That means that, if a company in my constituency wins an order with a business in Northern Ireland—in our own country—it will have to have the deal signed off by a British bureaucrat, and if our rules in Great Britain have deviated from those in Northern Ireland, it may be told that it cannot ship that order to a part of our own country. I do not find that acceptable. I think the Prime Minister was right when she said that no UK Prime Minister should sign off such a deal. I still stick to that, which is why I will not be able to support the withdrawal agreement as it is currently set out. This is the first time in my 13 years in this House that I will not be able to support my party. I regret that. I also regret being put in a position where, in order to hold to the promises that we made in our general election manifesto to the people of our country last year, I am forced to vote against a proposition put before this House by my Prime Minister. But I think it is important in politics that we keep our promises because that is how we maintain the trust of the British people. Breaking our promises is not something we should do.

Furthermore, the backstop is also of concern for those who may not be concerned about Northern Ireland because of the indefinite nature of it. The Attorney General set out earlier this week the indefinite nature of the customs union if the backstop is triggered. I fear that that will critically weaken our negotiating position as we negotiate the future trade relationship, which I agree with my right hon. Friend the Member for Preseli Pembrokeshire (Stephen Crabb) is the thing that is really important. But if we cripple our negotiating position, we will end up with a very bad future relationship, which will stick with us not just for years, but potentially for decades.

The legal advice we have now seen—published this morning—is, again, clear. The Attorney General makes it clear that

“despite statements in the Protocol that it is not intended to be permanent, and the clear intention of the parties that it should be replaced by alternative, permanent arrangements, in international law the Protocol would endure indefinitely until a superseding agreement took its place”.

He also makes it clear that there is no mechanism that will enable us to leave the UK-wide customs union “without a subsequent agreement” and that

“remains the case even if parties are still negotiating many years later, and even if the parties believe that talks have…broken down and there is no prospect of a future relationship agreement.”

[Sir Robert Syms (Poole) (Con)]

If in this country somebody had a contract of employment where only one of the parties could end the agreement, or if they had a business contract where only one party could end the agreement, it would be indenture and would be struck down by the British courts, yet we are contemplating an international treaty where that is the case.

[Mr Harper]

I completely agree with my hon. Friend. That is not a contract I would be willing to sign and I am afraid that is why I cannot sign up to this withdrawal agreement. It is also the case that the withdrawal agreement will hand over about £39 billion in an unconditional way. I think that most people who carry out negotiations generally do not hand over all the money until they have a deal. We should make the money conditional on both getting a good deal and getting a good deal on a timely basis. If we were to do that, we would get a good deal on a timely basis.

There may be before the House amendments to the motions and extra words may be added to the political declaration, but what we are being asked to vote on is a legally binding treaty—the withdrawal agreement. Unless that is changed, words added to the political declaration and any extra words on the motions before this House are legally meaningless. I do not think they are capable of persuading colleagues who are concerned about the withdrawal agreement that they have significantly changed the position.

--- Later in debate ---

[Sir Robert Syms (Poole) (Con)]

This will surprise you, Mr Speaker: I am old enough to have voted in the 1975 referendum, and I voted yes to stay in the common market. But what I voted for then changed rather substantially over the years, and I became somewhat concerned about the way the EU had developed. When it came to the last referendum, I was for leave—on balance, but I think that was the right decision. The truth of the matter is that it was not to do with what was on the side of a bus, but that most of our citizens have had to live with the EU over several decades. There was just that general feeling that the EU was not very responsive to their needs. The British people have a certain native common sense that tells us that we could do better on our own. Compared with the 1970s, when Britain was a rather depressing place, Britain is doing really well in the world, and it has been doing over the past 20 years. The reality is that it was a vote of confidence in this country from the British people. We can do a lot better. We can be an open, flexible, dynamic economy in the world.

Leaving the EU was always going to be a messy business, because any kind of divorce is, and there are compromises to be made. I give credit to the Prime Minister for the work that she and the negotiators have done. It is a difficult job and probably a thankless one, and it will be even more thankless next Tuesday when we get the House’s decision. There are some good things in the agreement and I could agree with a lot of it as a compromise to see us out of the EU, but as a Conservative Unionist, I find the Irish backstop very difficult to deal with.

I do not want to treat any area of the United Kingdom differently from my own constituency. There is a danger of our getting hung up in that arrangement. The advice of the Attorney General is very clear. The Prime Minister needs to go back to the EU and say, “Deal on providing that we have a date to the backstop.” If there is a date, many people’s fears about our getting hung up in the arrangement and not being able to do deals would disappear. We have already heard that there is no intent either north or south of the border to establish a hard border. My fear is that the backstop will be used as a device during the negotiations over trade and over fish—as President Macron has already said—to screw the British down and give us a bad deal.

[Antoinette Sandbach (Eddisbury) (Con)]

I am very grateful to my hon. Friend for giving way. Given that he supported the Common Market, does he accept that there may be an alternative, such as an EEA-EFTA style deal, that would give us back the fisheries, remove the need for the backstop and provide the kind of reassurance that he seeks?

[Sir Robert Syms]

It would not be my favourite choice, but it may well be a choice that the House will have to consider depending on how we end up next year.

The reality is that I hope we can finesse the current agreement. Ultimately, the EU must accept that the backstop is unacceptable to Parliament. If it accepts that, there is a fairly good chance that the deal will go through. The deal, without the backstop, might be rather better than the EFTA proposals. We will have to see how the Prime Minister does. When there has been to-ing and fro-ing between member Governments of the EU, referendums and agreements, it is not unheard of for Governments to go back to the EU and say, “Our people will not wear it, think again.” It would take only some very modest changes to get the deal done. I hope that the Prime Minister listens to what the House says next Tuesday. I am afraid that I will be voting against the deal in its current form, but I will be receptive to modification of the backstop and then I hope that we will be in a position in which we can move on.

I am unhappy about voting against my Government. I have been a Member of Parliament for more than 20 years. Since coming into government in 2010, I have voted against the Government only once. This will be the second time. I hope that I never have to do it again because I believe that politics is a team game and I want my team to win and I want the Prime Minister to do the best for our nation. Unfortunately, though, I am a Conservative and Unionist and the backstop is something that I cannot accept.