EU Exit Day Amendment

Debate between Robin Walker and William Cash

Wednesday 27th March 2019 Commons Chamber

[Mr Walker]

I know that my right hon. Friend is a keen legal eagle, as well as an experienced former Minister in this Department, but of course the Government are confident of their legal position in the decisions that they have taken.

The power was specifically included in the EU withdrawal Act because parliamentarians envisaged a situation in which extension could be required. As the then Under- Secretary said, the Government had had discussions with Back Benchers and were grateful that they tabled their amendments, which

“provide the Government with the technical ability to amend the date, but only if the UK and the EU unanimously decide to change the date at which treaties cease to apply to the UK, as set out in article 50.”—[Official Report, 20 December 2017; Vol. 633, c. 1155.]

[Sir William Cash (Stone) (Con)]

Will the Minister report to the House the outcome of this afternoon’s meeting of the Joint Committee on Statutory Instruments? Did the Committee consider the question of vires, as is within its Standing Orders?

[Mr Walker]

I did not catch the whole of my hon. Friend’s question, but I am confident that the Joint Committee on Statutory Instruments has had a chance to look at the matter, and I welcomed its report at the beginning of my speech.

Let me be clear with the House that the power in the EU withdrawal Act can only be used to redefine exit day to the new day and times that the treaties will cease to apply in the UK. To specify any other day would not be a legal use of that power. It is critical that the House approves this instrument for the simple reason that the extension of article 50 has been agreed and is therefore legally binding in international law.

I understand that some Members have been of the view that we are still set to leave the EU on 29 March, but that is not legally the case. Owing to the agreement between the UK and the EU to extend article 50, the UK will remain a member state of the EU until at least 11 pm on 12 April as a matter of international law. If this instrument were not to pass, therefore, it would not change that fact, but it would lead to confusion across our statute book from 29 March.

Future Relationship Between the UK and the EU

Debate between Robin Walker and William Cash

Wednesday 18th July 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)]

It is a pleasure to follow the hon. Member for Sheffield Central (Paul Blomfield). He talked about what people had been saying two years ago; of course, the leader of his own party was saying two years ago that we should just trigger article 50 and damn the consequences, and we should not worry about planning and preparing.

The White Paper sets out the right Brexit deal—which will deliver on the result of the referendum, and take back control over our money, laws and borders—and makes detailed proposals for a principled and pragmatic Brexit. I thank Members on both sides of the House for their contributions today, and for the many congratulations to my new Secretary of State, to which I add my own. I pay tribute to my hon. Friend the Member for Wycombe (Mr Baker). He will not be surprised that I disagree with much of his analysis, but I recognise his dedication and his passion for this subject. I thank him for his work in our Department, and for his constant courtesy to all our officials.

My right hon. Friend the Member for Sutton Coldfield (Mr Mitchell)—who notified me that, unfortunately, he would have to leave early—spoke about deep divisions on the referendum, but also about the need for people of good will to work together and come together to deliver a successful outcome. I have always believed in that, and it is exactly what we must do in relation to the constructive proposals in the White Paper.

I listened carefully to the right hon. and learned Member for Holborn and St Pancras (Keir Starmer). Both he and the hon. Member for Pontypridd (Owen Smith) included colourful political commentaries in their speeches, but I think that, coming from a party that has experienced 103 Front-Bench resignations, those should be taken with a pinch of salt. He actually had very little to say about the topic of this debate. What he said about the White Paper was based on taking snippets out of context, which I do not think is a helpful or constructive way to debate.

We talked about the proposal for a free trade area in goods. This would be enabled by a common rulebook for goods, including agri-food; participation in EU agencies that provide authorisation for goods in highly regulated sectors; and the phased introduction of a new facilitated customs arrangement. The arrangement would remove the need for customs checks and controls between the UK and the EU as if they were a combined customs territory, enabling the UK to control its own tariffs to trade with the rest of the world and ensure that businesses pay the right tariff or no tariff. Put simply, it means neither the UK nor the EU imposing tariff barriers on one another that do not exist today.

The hon. Member for Birmingham, Northfield (Richard Burden) spoke passionately about the automotive sector. I believe this is an approach that many in the automotive sector, including those I met over lunch today from Bosch, actually welcome and support. They have said that they would want to get a good hearing in EU member states. In combination with no tariffs on any goods moving between the UK and the EU, these arrangements will avoid new friction at the border and protect integrated supply chains that span both territories. We have heard from a wide range of international and multinational businesses that they would support that approach, but, crucially, as my right hon. Friend the Member for East Devon (Sir Hugo Swire) said, it is one that would deliver for many UK small and medium-sized enterprises that are part of the supply chains. We should never forget the importance of those SMEs.

We heard concerns from Government Members about the common rulebook and parliamentary sovereignty. The UK has played a crucial role in shaping the rules over the past 40 years. They do not change very regularly. They are relatively stable and are supported by a large share of our manufacturing, agricultural and farming businesses.

[Sir William Cash]

Will the Minister give way?

[Mr Walker]

I cannot. I am afraid I do not have the time to give way.

High standards in food and product safety are something all our constituents value. As we saw around debates on the TTIP negotiations, our constituents are unlikely to want any trade deal or arrangement that lowers standards. As my hon. Friend the Member for Basildon and Billericay (Mr Baron) pointed out, both the Government and Opposition parties were elected on a promise that we would be able to strike international trade deals. That is a very important point. Our proposals, unlike those from the Opposition, will allow the UK to negotiate new international trade agreements in line with our priorities and interests, including on goods, services and investment. This could include arrangements with the United States, Australia and New Zealand. The UK will explore accession to the comprehensive and progressive agreement on the Trans-Pacific Partnership, consistent with our future relationship with the EU and domestic priorities. In that context, my right hon. Friend the Trade Secretary recently announced the first public consultations on our future trade agreement negotiations with global partners, which we were not able to do in the TTIP context because that was a negotiation conducted on our behalf by the European Union. I sat on the Business, Innovation and Skills Committee with the hon. Member for Sheffield Central when we scrutinised those proposals at one remove.

I have talked a little about goods. I want to address the important point on services raised by my hon. Friend the Member for Bromley and Chislehurst (Robert Neill). We want a comprehensive but different deal on services and digital, which allows us to exercise greater regulatory freedom in an area where the UK is a world leader. This will not involve adopting a common rulebook for services, as proposed for goods. Instead, we are seeking an ambitious deal for services, which will, among other things, minimise new trade barriers to service provision, allow UK firms to establish in the EU and cover mutual recognition of professional qualifications. On financial services, we are proposing a new economic and regulatory partnership in financial services. That makes sense because, unlike goods, services are not affected by frictions at the border. They are not subject to tariffs or customs. Unlike the vast majority of manufactured goods and agri-food products, most services are not subject to specific standards and regulatory frameworks. The UK is a world leader in services and in the regulation of services. I suspect we will continue to be so.

The Government’s proposals deliver a balance—the right hon. Member for Leeds Central (Hilary Benn) called for a balance—that respects the result of the referendum and the decision of the UK public to take back control of the UK’s laws, borders and money, while supporting growth and maintaining security co-operation. Importantly, they safeguard the constitutional and economic integrity of the UK while reclaiming the UK’s sovereignty. They protect our economic interests, supporting supply chains and jobs all over the UK, and delivering global opportunities for trade.

The UK will leave the European Union in March. The proposals in the White Paper mean that as we leave we will be a close friend, ally and partner of the EU and a major market for it. Our economy will continue to be strong.

Question put and agreed to.

Resolved,

That this House has considered the future relationship between the United Kingdom and the European Union.

Leaving the EU: Implementation

Debate between Robin Walker and William Cash

Monday 29th January 2018 Commons Chamber

[Sir William Cash (Stone) (Con)]

(Urgent Question): To ask the Secretary of State for Exiting the European Union if he will make a statement on the Government’s proposals for the implementation of their policy on leaving the European Union.

[The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)]

Just this afternoon, the European Union finalised its directives setting out its negotiating position on the implementation period. On Friday, the Secretary of State for Exiting the European Union made a speech setting out the UK Government’s position. Formal negotiations on this very issue are therefore due to start this week.

As the Secretary of State said on Friday, we will be seeking a strictly time-limited implementation period to allow a smooth and orderly exit from the European Union. This builds on the Prime Minister’s announcement, in her Lancaster House speech in January last year, that there would be a “process of implementation” once the article 50 period ended. It has been supported by businesses both here and in the European Union, which will have to make only one set of changes as we exit the EU. During this period, the UK will be outside the EU. We will have left on 29 March 2019.

This is an absolute necessity. The EU can only legally conclude our future partnership once we are outside it. Such an agreement on the future partnership will require the appropriate legal ratification, which will itself take time. That will need to happen during an implementation period. However, if such a period is to work, both sides must continue to follow the same stable set of laws and rules without compromising the integrity of the single market and the customs union, to which we will maintain access on current terms. Both sides should approach this period in the spirit of our future partnership. That means each side committing itself to taking no action that would undermine the other.

During the implementation period, we will still make our voice heard. We will have to agree on a way of resolving concerns if laws are deemed to run contrary to our interests, and if we have not had our say. We will agree on an appropriate process for this temporary period, so that we have the means to remedy any issues through dialogue as soon as possible. All that will be provided for in the withdrawal agreement that we reach with the EU, which will have the status of a new international treaty between the UK and the EU. We will no longer be formally part of the EU treaties during this period.

As the Secretary of State said on Friday, we have made it clear that during this period we will be able to negotiate and sign our own free trade agreements. Here at home, we have already announced that we will present a withdrawal agreement and implementation Bill, which will provide for domestic implementation of the withdrawal agreement and the implementation period. We have made it clear that as we leave the EU in March 2019, we will repeal the European Communities Act 1972. That will be done through the European Union (Withdrawal) Bill, which recently received its Third Reading in the House of Commons and will shortly be discussed in the other place.

[Mr Speaker]

I call Paul Blomfield. [Interruption.] But not before we have heard from Sir William. I was simply seeking to build up an air of anticipation of the hon. Member for Sheffield Central (Paul Blomfield).

[Sir William Cash]

I am deeply grateful, Mr Speaker.

Given the document to which the Minister has just referred, which was issued by the European Union to the United Kingdom about two hours ago, can the Government reconcile their policy of leaving the European Union with their own implementation proposals during the transitional period? Furthermore, will this apply when EU laws are imposed on us when we will have no say in either the European Council or the European Parliament, and when our courts will be obliged to apply European Court case law without having a judge in that Court?

Do the Government intend to make a new EU treaty? How long is the so-called strict time limit? Given that we are leaving the EU, and therefore the customs union and the single market, and ending the provisions relating to freedom of movement, will the Government reject this new EU ultimatum, including the statement that the European Court of Justice will continue to apply to the UK? Will the Minister reject the idea of the enforcement mechanism set out in the document? Will he reject the suggestion that the European acquis will apply in relation to the United Kingdom, as well as the notion in the document that European Union law will continue to apply to the UK during the transitional period with direct effect and primacy?

Under these arrangements, we will be required to remain in the customs union and the single market, with all four freedoms, and to continue to comply with EU trade policy. Will the Government reject the assertion about the European Union acquis, so that we will not be made subject to supervision and control proceedings under European Union law?

In short, do the Government reject this Council decision as inconsistent with our leaving the EU, which we are entitled to do under EU law itself and article 50 of the Lisbon treaty and which was achieved through the enactment of the arrangements for withdrawal that was supported by 499 Members of this House?

[Mr Walker]

My hon. Friend is right to draw the House’s attention to the fact that Members on both sides of the House have voted to respect the referendum and that the UK should be exiting the EU in accordance with the vote in that referendum. My hon. Friend is a long-standing champion of this issue, and I make it clear that the UK will be leaving the EU on 29 March 2019. We will then have a strictly time-limited implementation period, which will be as short as is practicable—we currently expect it to be in the region of two years.

The answer to my hon. Friend’s first question is yes, but we must make sure that we reconcile these issues through the negotiations to come. He would not, I know, expect me to speak on behalf of the EU and its directives today; I am speaking as a Minister of the Crown, and we enter these negotiations seeking the interests of the UK and making sure that we exit the EU in a smooth and orderly way.