Yesterday Theresa May made a statement in the House of Commons following the Chequers deal on leaving the EU. During the debate Bill Cash made the following intervention:
On Friday at Chequers, the Cabinet agreed a comprehensive and ambitious proposal that provides a responsible and credible basis for progressing negotiations with the EU towards a new relationship after we leave on 29 March next year. It is a proposal that will take back control of our borders, our money and our laws, but do so in a way that protects jobs, allows us to strike new trade deals through an independent trade policy and keeps our people safe and our Union together.
Before I set out the details of this proposal, I want to start by explaining why we are putting it forward. The negotiations so far have settled virtually all of the withdrawal agreement, and we have agreed an implementation period that will provide businesses and Governments with the time to prepare for our future relationship with the EU. But on the nature of that future relationship, the two models that are on offer from the EU are simply not acceptable.
First, there is what is provided for in the European Council’s guidelines from March this year. This amounts to a standard free trade agreement for Great Britain, with Northern Ireland carved off in the EU’s customs union and parts of the single market, separated through a border in the Irish sea from the UK’s own internal market. No Prime Minister of our United Kingdom could ever accept this; it would be a profound betrayal of our precious Union. And while I know some might propose instead a free trade agreement for the UK as a whole, that is not on the table, because it would not allow us to meet our commitment under the Belfast agreement that there should be no hard border between Northern Ireland and Ireland.
Secondly, there is what some people say is on offer from the EU: a model that is effectively membership of the European economic area, but going further in some places, and the whole of the UK remaining in the customs union. This would mean continued free movement, continued payment of vast sums every year to the EU for market access, a continued obligation to follow the vast bulk of EU law, and no independent trade policy, with no ability to strike our own trade deals around the world. I firmly believe this would not honour the referendum result, so if the EU continues on that course, there is a serious risk it could lead to no deal. This would most likely be a disorderly no deal, for without an agreement on our future relationship, I cannot see that this Parliament would approve the withdrawal agreement with a Northern Ireland protocol and financial commitments, and without those commitments, the EU would not sign a withdrawal agreement.
A responsible Government must prepare for a range of potential outcomes, including the possibility of no deal, and given the short period remaining before the conclusion of negotiations, the Cabinet agreed on Friday that these preparations should be stepped up. But at the same, we should recognise that such a disorderly no deal would have profound consequences for both the UK and the EU, and I believe that the UK deserves better.
The Cabinet agreed that we need to present the EU with a new model, evolving the position that I had set out in my Mansion House speech, so that we can accelerate negotiations over the summer, secure a new relationship in the autumn, pass the withdrawal and implementation Bill and leave the European Union on 29 March 2019.
The friction-free movement of goods is the only way to avoid a hard border between Northern Ireland and Ireland and between Northern Ireland and Great Britain, and it is the only way to protect the uniquely integrated supply chains and just-in-time processes on which millions of jobs and livelihoods depend. So at the heart of our proposal is a UK-EU free trade area that will avoid the need for customs and regulatory checks at the border and protect those supply chains. Achieving this requires four steps. The first is a commitment to maintaining a common rulebook for industrial goods and agricultural products. To deliver this, the UK would make an up-front sovereign choice to commit to ongoing harmonisation with EU rules on goods, covering only those necessary to provide for frictionless trade at the border. This would not cover services, because that is not necessary to ensure free flow at the border, and it would not include the common agricultural and fisheries policies, which the UK will leave when we leave the EU.
The regulations covered are relatively stable and supported by a large share of our manufacturing businesses. We would continue to play a strong role in shaping the European and international standards that underpin them, and there would be a parliamentary lock on all new rules and regulations, because when we leave the EU we will end the direct effect of EU law in the UK. All laws in the UK will be passed in Westminster, Edinburgh, Cardiff and Belfast. Our Parliament would have the sovereign ability to reject any proposals if it so chose, recognising that there would be consequences, including for market access, if we chose a different approach from the EU.
Secondly, we will ensure a fair trading environment. Under our proposal, the UK and the EU would incorporate strong reciprocal commitments relating to state aid. We would establish co-operative arrangements between regulators on competition and commit to maintaining high regulatory standards for the environment, climate change, social and employment, and consumer protection.
Thirdly, we would need a joint institutional framework to provide for the consistent interpretation and application of UK-EU agreements by both parties. This would be done in the UK by UK courts and in the EU by EU courts, with due regard paid to EU case law in areas where the UK continued to apply a common rulebook. This framework would also provide a robust and appropriate means for the resolution of disputes, including through the establishment of a joint committee of representatives from the UK and the EU. It would respect the autonomy of the UK’s and the EU’s legal orders and be based on the fundamental principle that the court of one party cannot resolve disputes between the two.
Fourthly, the Cabinet also agreed to put forward a new business-friendly customs model—a facilitated customs arrangement—that would remove the need for customs checks and controls between the UK and the EU because we would operate as if a combined customs territory. Crucially, it would also allow the UK to pursue an independent trade policy. The UK would apply the UK’s tariffs and trade policy for goods intended for the UK and the EU’s tariffs and trade policy for goods intended for the EU. Some 96% of businesses would be able to pay the correct tariff or no tariff at the UK border, so there would be no additional burdens for them compared with the status quo and they would be able to benefit from the new trade deals that we will strike. In addition, we will bring forward new technology to make our customs systems as smooth as possible for businesses that trade with the rest of the world.
Some have suggested that under this arrangement the UK would not be able to do trade deals. They are wrong. When we have left the EU, the UK will have its own independent trade policy, with its own seat at the World Trade Organisation and the ability to set tariffs for its trade with the rest of the world. We will be able to pursue trade agreements with key partners, and on Friday the Cabinet agreed that we would consider seeking accession to the comprehensive and progressive agreement for trans-Pacific partnership.
Our Brexit plan for Britain respects what we have heard from businesses about how they want to trade with the EU after we leave and will ensure we are best placed to capitalise on the industries of the future in line with our modern industrial strategy. Finally, as I have set out in this House before, our proposal includes a far-reaching security partnership that will ensure continued close co-operation with our allies across Europe while enabling us to operate an independent foreign and defence policy. So this is a plan that is not just good for British jobs but good for the safety and security of our people at home and in Europe too.
Some have asked whether this proposal is consistent with the commitments made in the Conservative manifesto. It is. The manifesto said:
“As we leave the European Union, we will no longer be members of the single market or customs union but we will seek a deep and special partnership including a comprehensive free trade and customs agreement.”
What we are proposing is challenging for the European Union. It requires the EU to think again, to look beyond the positions that it has taken so far, and to agree a new and fair balance of rights and obligations. That is the only way in which to meet our commitments to avoid a hard border between Northern Ireland and Ireland without damaging the constitutional integrity of the UK and while respecting the result of the referendum. It is a balance that reflects the links that we have established over the last 40 years as some of the world’s largest economies and security partners. It is a bold proposal, which we will set out more fully in a White Paper on Thursday. We now expect the EU to engage seriously with the detail, and to intensify negotiations over the summer so that we can get the future relationship that I firmly believe is in all our interests.
In the two years since the referendum we have had a spirited national debate, with robust views echoing around the Cabinet table, as they have around breakfast tables up and down the country. Over that time I have listened to every possible idea and every possible version of Brexit. This is the right Brexit. It means leaving the European Union on 29 March 2019; a complete end to free movement, and taking back control of our borders; an end to the jurisdiction of the Court of Justice of the European Union in the UK, restoring the supremacy of British courts; no more sending vast sums of money each year to the EU, but instead a Brexit dividend to spend on domestic priorities such as our long-term plan for the NHS; flexibility on services, in which the UK is world-leading; no hard border between Northern Ireland and Ireland, or between Northern Ireland and Great Britain; a parliamentary lock on all new rules and regulations; leaving the common agricultural policy and the common fisheries policy; the freedom to strike new trade deals around the world; an independent foreign and defence policy—but not the most distant relationship possible with our neighbours and friends; instead, a new deep and special partnership. It means frictionless trade in goods; shared commitments to high standards, so that together we continue to promote open and fair trade; and continued security co-operation to keep our people safe.
This is the Brexit that is in our national interest. It is the Brexit that will deliver on the democratic decision of the British people, and it is the right Brexit deal for Britain. I commend this statement to the House.
Sir William Cash (Stone) (Con): How does my right hon. Friend reconcile the Chequers statement with the recent repeal of the European Communities Act 1972 under the European Union (Withdrawal) Act 2018 and with the European Court of Justice and with democratic self-government in this country?
The Prime Minister: We have, as my hon. Friend says, repealed the 1972 Act, but we have also ensured that we will take EU laws into UK law at the point at which we leave the European Union, such that we see a smooth and orderly Brexit. In the future, the European Court of Justice will not have jurisdiction over the United Kingdom, and this Parliament will make sovereign decisions. The decision as to whether Parliament is willing to accept the deal that has been negotiated will be made when the meaningful votes in the withdrawal and implementation Bills come before the House. Thereafter, it will be up to this Parliament to decide whether it agrees with any changes to the rules or any laws that this Parliament wants to pass. That is sovereignty—taking back control of our laws. That is what I believe people want and that is what we will do.