European Union (Withdrawal) Act Debate

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Department: Cabinet Office
Tuesday 4th December 2018

(5 years, 4 months ago)

Commons Chamber
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Theresa May Portrait The Prime Minister
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The economic analysis that was produced by the Government last week made it very clear that within the political declaration is a spectrum on which the balance of obligations in relation to the rights of access—the balance of obligations on checks at the border in relation to market access—must be addressed. It is clear that that will be ambitious, and we will continue to work for frictionless trade, which is indeed what was put forward in the White Paper in the summer. However, it was only right and proper that in our economic analysis we indicated a midpoint on that spectrum, which gave an indication to people of the impact of trade barriers should they be put up.

Yvette Cooper Portrait Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
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I thank the Prime Minister for giving way—she is being very generous—but does she not understand that by over-claiming what is in the political declaration, she is undermining trust? She is asking for our trust in her, and in the UK, to determine what will happen in future, because so little is resolved. Not only on the spectrum on the economics, but also on the security issues, she is over-claiming. She suggested to my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty) that she had effectively secured agreement to SIS II, but she knows that she has not, because she tried to do so. Paragraph 87 of the political declaration does not refer to SIS II; it simply says that “the Parties” will “consider” the arrangements, and if we are lucky we will get something that will “approximate”. That is not the same as SIS II, and the Prime Minister knows it. Will she be straight with the country and with Parliament about the political declaration?

Theresa May Portrait The Prime Minister
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I have said this to Members before, and I will say it again. There is a difference between ensuring that we have the security capabilities that we need in the future, and simply saying that we will be doing that in a particular way. What paragraph 87 makes clear is the intent to have

“exchange of information on wanted or missing persons and objects and of criminal records, with the view to delivering capabilities that, in so far as is technically and legally possible, and considered necessary and in both Parties’ interests, approximate those enabled by relevant Union mechanisms.”

Theresa May Portrait The Prime Minister
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No; I am sorry.

This is a fundamental issue which has underpinned the approach to these negotiations. We could have approached the negotiations by saying, “We are going to take the models that already exist, and in all cases we are going to say that we have to be in those models in exactly the same way as we are today.” What we have said is that we look to ensure that we can have the capabilities that we have where we need those capabilities, and that is exactly what we are delivering—

Yvette Cooper Portrait Yvette Cooper
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Will the Prime Minister give way on that point?

Theresa May Portrait The Prime Minister
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No. I am sorry.

That is exactly what we have in the political declaration.

--- Later in debate ---
Yvette Cooper Portrait Yvette Cooper
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I am hugely grateful to the Prime Minister for giving way, but she tried to get exactly the same thing: she tried to get SIS II. She should be honest with the House, and say that she tried to get SIS II and failed. She got other things, but I ask her to tell us whether she tried to get SIS II.

John Bercow Portrait Mr Speaker
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I am sure the right hon. Lady will want to make it clear that she is not suggesting that the Prime Minister has been other than honest. She is presumably encouraging forthrightness, is she?

Yvette Cooper Portrait Yvette Cooper
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I certainly am encouraging forthrightness. I would not challenge the Prime Minister’s integrity, because I know that she has worked immensely hard on this, but I am asking her to give accurate information to the House. Will she tell us whether she tried to get SIS II, rather than pretending that she was trying to get parallel capabilities?

Theresa May Portrait The Prime Minister
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We are clear about the capabilities that are currently available to us as a member of SIS II and within ECRIS. It is still open to us to seek to have the same relationship in relation to SIS II and ECRIS as we currently have, but we want to ensure that we have the capabilities that underpin SIS II and ECRIS.

I am tempted to say that the right hon. Lady might like to cast her mind back to the time when I was Home Secretary and she was shadow Home Secretary, and I stood at this Dispatch Box moving the motion that ensured that we could rejoin 35 measures on justice and home affairs matters, including SIS II and ECRIS, while she, I seem to recall, was working with my right hon. Friend the Member for North Somerset (Dr Fox) to prevent the Government from rejoining those measures.

If this deal is passed, the task ahead of us will be to turn this ambitious political declaration into our new legal agreement with the EU. [Interruption.] No, I am going to make more progress, and the next section of my speech might be of interest to Members of this House. In doing so, I want to build the broadest possible consensus both within this House and across the country. So for the next stage of negotiations we will ensure a greater and more formal role for Parliament. This will begin immediately as we develop our negotiating mandate, building on the political declaration ahead of 29 March 2019. The Government will consult more widely and engage more intensively with Parliament as we finalise the mandate for the next phase of the negotiations. Ministers will appear before Select Committees between now and March in each relevant area of the political declaration from fisheries to space to foreign policy. So Members across the House will be able to contribute their expertise to the detailed positions we take forward with the EU, and the whole House will be consulted on the final version of that full mandate. We will also provide the devolved Administrations with a similar degree of detailed engagement. We will undertake targeted engagement with business and civil society to help inform our detailed negotiating positions.