Westminster Hall

Debate between Tobias Ellwood and Christopher Chope
Wednesday 1st March 2017

(7 years, 8 months ago)

Westminster Hall
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Christopher Chope Portrait Mr Christopher Chope (in the Chair)
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Order. I call the Minister.

Tobias Ellwood Portrait The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr Tobias Ellwood)
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Further to that point of order, Mr Chope. We seek your guidance. Would it be in order for there to be another 15 points of order, each elaborating in different ways on the importance of our holding this debate, to allow my hon. Friend the Member for Hendon (Dr Offord) extra time to arrive, or would that be out of order?

Christopher Chope Portrait Mr Christopher Chope (in the Chair)
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It would be out of order. The Minister puts a straight question, and the answer is a straight one: it would be out of order to try to abuse the process. The rules are quite clear. If the hon. Member for Hendon, who was due to be here at the beginning of the debate at 9.30 am, is not here, I have no alternative but to suspend the sitting.

EU Membership (Audit of Costs and Benefits) Bill

Debate between Tobias Ellwood and Christopher Chope
Friday 26th February 2016

(8 years, 8 months ago)

Commons Chamber
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Tobias Ellwood Portrait Mr Ellwood
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It is not my description. Provocatively, my hon. Friend is putting words in my mouth. We can step back from this particular issue to all the other issues, saying that in each case Britain would have the ability—in fact, we would have the obligation—outside the EU to step up and do all that work as well, whether it be on sanctions on Iran or any other relationships. The question is: on our own, can we exert greater leverage on a country such as Iran, which continues to have a proxy influence in Bahrain, Damascus and Syria, Baghdad and Iraq, and Yemen and Sana’a, or would we have more leverage and power by leading from within the EU? That applies right across the board.

Christopher Chope Portrait Mr Chope
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I am grateful to my hon. Friend for the way in which he is responding to the debate. May I ask him about the Syrian refugees? I think our Prime Minister and our Government have the right idea in saying, “Let’s take the refugees from the area of the theatre, rather than encouraging them to make the dangerous journey to Europe.” Why does my hon. Friend think the European Union has not been prepared to listen and respond positively to that common-sense approach from our Government?

Tobias Ellwood Portrait Mr Ellwood
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I am not sure that is quite correct. Federica Mogherini, who leads on these matters for the European Union, is very much in alignment with that view. We discussed these things in Rome recently when we looked at Syrian and Iraq matters. My hon. Friend is right to say that there are a number of challenges—first, the genuine Syrian refugees caught up in the region. We should pay tribute to Lebanon, Turkey, Jordan, Saudi Arabia and other countries, for the massive burden that they have taken on. We have chosen to support those refugees who are most vulnerable. The challenge that has come across Europe comes not just from Syrians. Mixed in with them are Afghans and others from Africa, taking advantage of the patterns of migratory flow. We have said that if we open our doors to them, we are likely to encourage more. That is why we have been very firm.

The consequence is that thousands are still coming in across Europe every day and we need a solution to deal with that. If my hon. Friend visits Greece now, he will see the scale of the challenge there. On beaches that should be for holidaymakers, there are migrant camps and individuals everywhere, some in transit and some having put up a temporary home. EU countries are affected by that, which is why collectively we need a better solution.

Central to that is solving the problem so that people do not feel they want to turn their back on their country, thereby making it all the weaker. Many of the people who can make it and are making it to Europe are the ones with mobile phones, the ones who are fed and have a family. I do not doubt that they are going through an horrific time, but many of them are educated and if they depart from Syria, they deny it the doctors, nurses and engineers that will be needed once the guns fall silent and the country starts to rebuild itself.

Tobias Ellwood Portrait Mr Ellwood
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The first thing that has to be acknowledged is that the normal processes in place across Europe for dealing with refugees applying for status are going to be tested, because of the scale of the migration that we are dealing with. Under Germany’s current rules, they would have to wait a number of years—eight years, I think, but I stand to be corrected—before they can gain a passport. If they have a criminal record, they will not get a passport. So there is automatically a delay in the process of securing a passport. The German analysis is that in such a time frame, many will hope to return home or to remain in Germany. We need to keep the problem in context. If they are in Germany, have a German passport and receive benefits there, why would they want to come to the UK? These are big questions, but they are for further down the line. They should not be ducked. The scale of what we are dealing with is unprecedented since the movement of populations after the second world war.

I should just mention that much of the focus of the Syria conference that took place in the Queen Elizabeth II Conference Centre was on some of those questions as well. We raised an unprecedented amount of money—$11 billion was pledged in one day—from the international community. I spoke at one of the non-governmental organisation conferences, and much of the energy was focused on how the European Union deals with such challenges. If I am honest, the EU could be regarded as a fair weather organisation: when economies are doing well, that is all fine and good, but when something such as Ukraine comes up, that is when the mechanics of bringing countries together to achieve consensus has yet to be tested. That is where the European Union is having to learn far faster than NATO, which, from a security perspective, had the machinery in place to be able to react to these events on a more regular basis. None the less, my hon. Friend raises an important point.

I just want to talk a little about the consequences of exit, which is what this Bill is all about. In fact, as I mentioned earlier, we would have to delay the referendum. There is a trigger notice in article 50, which would prompt negotiation. A country cannot simply walk out of the European Union, nor can it tear up its membership card as one can do, presumably, with a political party. It needs to apply to leave, and in the good old European Union way there is a process to be followed. That process can last up to two years. It also requires the support of the 27 members, and that can take time. With all this, there is a question for those who are advocating departure: if the process were to last more than 24 months, what happens to businesses and where do they fit in? What will happen to deals, negotiations and reputations? How does the City of London continue to attract business if there is a question mark over the departure date—and that is before we have even considered what we might be entering into.

Michael Howard’s comments were referred to this morning. He talked about renegotiating to get back in. So, let us say that a country manages to get out of the EU in two years, it then might have to begin negotiations to get back in again. It took Switzerland eight years to consolidate its deal. That is time consuming. Arguably, the process can be faster. We are a far bigger country than Switzerland or Norway, so the process could be expedited. Again, there will be delays. There is a question mark over where we actually stand and what our relationship is.

It is just worth mentioning article 49, which does not get as much press as article 50 in the European treaty. It says:

“Any European State which respects the values referred to in Article 2 and is committed to promoting them may apply to become a member of the Union.”

Article 49 is all about what a country does to regain its membership. It says:

“The European Parliament and national Parliaments shall be notified of this application.”

All the national Parliaments then have a debate and discussion about a future British application.

“The applicant State shall address its application to the Council, which shall act unanimously after consulting the Commission and after receiving the consent of the European Parliament”.

So the country needs unanimous support. If one country were to say to us, “No, you can’t come back in on those terms” then we are stuck. Also, anybody who knows the European Parliament knows that it has myriad views.

It goes one to say that the European Parliament

“shall act by a majority of its component members…The conditions of admission and the adjustments to the Treaties on which the Union is founded, which such admission entails, shall be the subject of an agreement between the Member States and the applicant State.”

I could go on, but I think that the message is clear. There are an awful lot of hurdles to clear to complete the process. It is not a simple process.

Christopher Chope Portrait Mr Chope
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My hon. Friend seems almost pleased to paint such a grim and complex scenario, but does he accept that that is only one possible scenario? Can he tell us what contingency plans the Government are making at the moment so that leaving the European Union after the vote on 23 June is much more straightforward and that there will not be all the problems that he is talking about?

Tobias Ellwood Portrait Mr Ellwood
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We will have to wait until 24 June to see whether what that crystal ball says is correct. I am not painting a scenario; it is in article 49 of the Lisbon treaty. That is what we must honour and what we signed up for. We do not have a choice in that matter—that is how it is.

Christopher Chope Portrait Mr Chope
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Does my hon. Friend accept that, under international law, it is open to any country that is party to a treaty to denounce that treaty? We could choose to denounce the treaty, repeal the European Communities Act 1972, and not do anything else.

Tobias Ellwood Portrait Mr Ellwood
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I will contemplate and reflect on what my hon. Friend has said, but my immediate reply is that we must honour the international law to which we have signed up. A nation must first consider article 50—that is about departure and getting out, which I always said is not an easy process—and then article 49, which states how we can get back into the treaty.

Let us pause for a second and think of the countries that are queuing up to join the EU. I was involved a little in encouraging Bosnia to meet the necessary requirements to be accepted into the European Union, and there is also Serbia and other countries. There is a long list of countries that want to become members of the European Union, or have some kind of status—it does not have to be full membership; it could be something similar to the arrangements of Norway or Switzerland. One argument could be that Britain has to get into line—

Christopher Chope Portrait Mr Chope
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indicated dissent.

Tobias Ellwood Portrait Mr Ellwood
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My hon. Friend shakes his head. I hope that were that horrible scenario ever to take place, recognition would be given to Britain’s place in Europe, but other countries could quite rightly say, “Hang on a minute, We have dedicated teams looking at us. Why should Britain jump the gun?”

--- Later in debate ---
Tobias Ellwood Portrait Mr Ellwood
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I will heed the advice and encouragement, because other issues have been raised that we must also touch on. Let me be clear: there is a fair bit of bureaucracy to be gone through, but even securing a free trade agreement with the European Union would require a process to be followed and would not happen overnight.

Christopher Chope Portrait Mr Chope
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The Minister says that we would need a free trade agreement, but does he accept that when we leave the European Union, the default position will be the World Trade Organisation rules that ensure free trade?

Tobias Ellwood Portrait Mr Ellwood
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Let me come on to free trade, because those issues were raised in the debate and perhaps I can answer my hon. Friend’s point. The European Union is our main trading partner and, as has been said, that trade is worth more than £500 million a year. That is half our total trade in goods and services. However, we can still trade with the rest of the world as well, and the EU has free trade agreements with more than 50 countries—that is alongside the 28 countries in the single market. Around 45% of Britain’s exports are designed for the single market itself, while 56% go to the single market and to countries the EU has free trade deals with. [Interruption.] I will give way to somebody if they would like to give me a break so that I can clear my throat.

Tobias Ellwood Portrait Mr Ellwood
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I am grateful for that intervention—from a number of angles—and my hon. Friend makes an important point.

We have dealt with the delays, so I will move on to TTIP’s impact on the health service, which hon. Members raised. Many hon. Members have received emails on this subject questioning what the situation is. I should make it clear that TTIP poses no threat to the NHS whatever. It cannot force the UK to privatise public services, and any suggestion to the contrary is irresponsible and, indeed, false. The Prime Minister, the European Commission and the US Government have made that clear. The NHS—indeed, public services—will not be privatised through the trade deal, nor will the deal open NHS services to further competition or make irreversible any decisions on the provision of NHS services that are taken by the UK Government. I hope that that makes the position clear in answer to the many emails many of us have had on this issue—in fact, there might even be a 38 Degrees campaign on this.

Christopher Chope Portrait Mr Chope
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I hear the assertion the Minister makes from the Dispatch Box, but it seems to be totally at odds with the opinion of leading counsel with which we have been circulated.

Tobias Ellwood Portrait Mr Ellwood
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That is why these debates are helpful. I can only make clear what the Government’s position is. I can also ask the Minister for Europe to place a letter in the Library to set out in more detail what the consequences would be. Given the number of emails, there is clearly huge interest in this matter across the country, so I am pleased to have this opportunity to address it.

Guidance to the civil service was mentioned. The example was given of the fishing Minister’s dilemma in being unable to participate fully in the debate on the European Union. Of course, he can participate fully, but to clarify—the Prime Minister also responded on this issue at Prime Minister’s Question Time—the Government have a clear position, which is to recommend to the country that people vote to remain members of a reformed European Union.

Quite exceptionally, Ministers are being allowed to depart from the normal rules on collective responsibility, in order to dissent from the official Government position on the referendum question. However, the civil service exists—we cannot get away from that—and it is there to support the Government of the day and the policy agreed by the Government of the day. The letter published by my right hon. Friend the Prime Minister, and subsequently extended by formal guidance from the Cabinet Secretary to civil servants, does no more than give effect to that.