Sir Edward Leigh
MP for Gainsborough · Conservative · United Kingdom
“Those of us who love the Jewish people and faith know that the reason why they have overcome all the empires that have tried to destroy them is that they are primarily people of the book and not the sword, but what is happening in the west bank is violent and egregious.”
“I am grateful to the Secretary of State for looking again at Lincolnshire. I made the point to her predecessor that the proposal for a Greater Lincolnshire authority was, in the eyes of many people, just a gerrymander. Will she look again at it and stop dividing West Lindsey and North Kesteven in half?”
“If the centre does not take action, nasty extremes will take over. The fact is that we are in acute danger. These people can now launch from anywhere on the north French coast and are escorted to our shores. Frankly, we are being invaded, and the public are completely fed up.”
“May I congratulate the Prime Minister on what he said about Ukraine and on how he conducted himself there? Our enemies should know that this House is completely and utterly united in standing behind the Ukrainian people.”
“What concerns me is the jobs of my constituents who work at Scunthorpe. That is all I am worried about; I have no ideological objection. If it is what is needed now, fair enough. As long as the blast furnaces are totally uneconomic because of high energy costs, however, it can only be a sticking plaster.”
“One of the poorest wards in the entire country is Gainsborough south-west ward. Why is the Secretary of State splitting West Lindsey in half? Why is he taking Scampton away from Gainsborough? It makes no sense. Why is he cutting away the nuclear fusion site from Lincoln?”
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“The Government could then carry on to the next general election, when we could really put the spotlight where it needs to be: on the disaster that would befall this country if the shadow Chief Secretary gets anywhere near power.”
“Let us remember that the present Leader of the Opposition execrated the Governments led by Tony Blair and Gordon Brown, saying that they were right-wing stooges of capitalism, and he is the man who now wants to lead us on what would be the road to ruin. He would open the gates and unleash mass immigration. In the end, we would not have a better health service, better education or better investment; we would have only economic chaos and mismanagement. Conservative Members must look laser-like at the alternatives, but we also have to put our own house in order. My advice to my hon. Friends is, frankly, to get on with Brexit and to vote for the Prime Minister’s deal. The economic clouds would lift; the pound would shoot up; and investment would increase.”
“Although this Parliament is staring at the detail of the various Brexit solutions, all the various outcomes pale into insignificance compared with the threat posed to this country by a Government led by the Leader of the Opposition. Conservative Members of Parliament need to point the finger again and again at what will happen if this Government go and the Labour party takes over under its present management. One cannot meet a Labour MP who does not say in private that they are scared stiff by a Government led by the Leader of the Opposition. What would happen if the present Leader of the Opposition took over? I predict that there would a few months of dramatic spending increases and everybody would be happy. In the end, however, the country and the economy would be crashed.”
“I rise to support the Chief Secretary to the Treasury, who is rather a heroine and is leading a one-woman campaign to try to keep public spending down. It is all very well to call for more public spending—I use the NHS exclusively and value the work of those who care for me and my family—but only patients would suffer were we dramatically to increase health spending in line with Labour party policy. There would be a dramatic decline in productivity and no obvious increase in good healthcare. The shadow Chief Secretary to the Treasury spoke for nearly 20 minutes, but it was interesting that there was little about the Labour party’s plans.”
“If RAF Scampton is to close, which everyone in Lincolnshire naturally opposes, in deciding where the Red Arrows should go, will the Secretary of State bear in mind that we have three excellent airfields—Waddington, Coningsby and Cranwell—and, above all, wonderful airspace, and that we should not move the Red Arrows to an inferior county like Yorkshire?”
“Has the Prime Minister noted the fourth section of the European Council conclusions, which states: “Any unilateral commitment, statement or other act should be compatible with the letter and the spirit of the Withdrawal Agreement”? In noting the words “any” and “should” and the tense of this conclusion, does the Prime Minister conclude with me that it would be legally enforceable and allowable for the United Kingdom to give further interpretation on a unilateral declaration to reassure colleagues on our ability to exit the backstop?”
“I am not sure the Minister has answered the crucial question put to him. In order to comply with the Speaker’s ruling and have a chance of getting meaningful vote 3 through the House, there has to be a substantial change in the offer. The EU will not carry on negotiating, so the only way to do that is to do so unilaterally by way of declaration. Will the Minister comment on that? Will he make it absolutely clear today, on behalf of the whole Government, not just the Prime Minister, that three years after the referendum it would be utterly intolerable were we still to be in the EU during the European elections? I want him to give an absolute commitment today that the Government would rather resign than be privy to such an appalling betrayal of the people’s trust.”
“I do not want to be too courteous, Mr Speaker, because Quentin Letts may accuse me of being your toady and crony. This is a serious point of order. You may recall that I asked you on Tuesday about your ruling on the Government not bringing back the same motion and whether, if they change it substantially, with a unilateral declaration, that will change something. I read all over the media last night that some people called “Cooper-Boles” are bringing back an amendment. Apart from the presumption that you would select that amendment, surely under your ruling, it would have to be substantially different, would it not?”
“So let’s be bold, let’s be decisive, and let’s get this vote into Parliament.”
“Or not. May I urge the Government to be bold and decisive in order to comply with your ruling, Mr Speaker, and to change the wording significantly so that we can have the vote that we all want? May I suggest that one way forward is by way of the unilateral declaration? A unilateral declaration can of course be changed unilaterally: we do not need the EU to agree. I suggest that we should try to persuade our colleagues in Northern Ireland that, by beefing up this declaration, we can ensure it is not necessary to prove bad faith; we just have to prove that negotiations have broken down and then we can exit the backstop. Also, it should be conditional; we sign up to this treaty on condition that the declaration is not refused by the EU. All we need to prove is that it does not ratify.”
“Traditionally, Conservative Governments have held the line that parents have an unfettered right to withdraw their children from sex education. Under the proposals, it will for the first time be possible at certain ages for that parental veto to be overridden. What I want from the Minister, if I may ask for this, is a commitment that it will be used very rarely, that the headteacher will have to justify his actions, that it will only be used in certain circumstances where it is definitely in the interests of the child, perhaps because of some behavioural issue, and that it will not be taken as a matter of course that the veto of parents is being overridden.”
“What if the Government were to beef up or change its unilateral declaration, so that the motion that they brought back to the House was substantially different? I mention that as another way forward. I am trying to be helpful, so that we can both be true to your ruling, Mr Speaker, and allow the House to come to a decision as soon as possible, because I for one rather hope that this extension will concentrate the minds of my Brexiteer colleagues.”
“If, as we hear, the Government are applying for an extension, which we are told might be quite lengthy, I would have thought that that was a fundamental change of circumstance, and you have yourself alluded to the fact that an SI would have to be brought to the House to implement that. I therefore wonder whether, if the Government were then to bring forward a motion, that might be a reason and an opportunity for you to make a judgment that that change was sufficiently meaningful to allow you to change your ruling and allow the Government motion to go forward. There is another way. You may be aware, Mr Speaker, that I have argued for some time that the Government should use the concept of a unilateral declaration, and this has now been laid by the Government.”
“On a point of order, Mr Speaker. You have told the House that, under the convention dating from 1604, you would not be prepared to allow the Government to bring back the motion. I make no comment on that; I just mention it by way of introduction. However, we have also heard from the Opposition spokesman, the hon. Member for Greenwich and Woolwich (Matthew Pennycook), that it is likely that under the Act there must be further opportunities for debate, and the motion will be amendable. I sense that the House wants to come to a conclusion; therefore, this point of order is designed to try to be positive and both follow your ruling, Mr Speaker, and not disagree with it and allow the House to come to a decision.”
“May I ask the Minister for Women and Equalities whether some MPs are more equal than others? Back Benchers—the poor bloody infantry—have to traipse through the Lobby for every three-line Whip, but Cabinet Ministers can sit brazenly on the Front Bench and then slope off in their limousines after betraying the people and the Prime Minister.”
“May we have a debate on the Vienna convention on the law of treaties? The law is complex, and it is difficult in the big debates to get more than a few minutes to describe it, but the Vienna convention may well provide an exit route out of this impasse, because a state can abrogate part of a treaty if there is a change of the circumstances that are the basis of consent. I tabled an amendment to the first meaningful vote, and since then I have been talking about the idea of a unilateral declaration, but these are complex matters and we need to discuss them in full. Perhaps that would allow the Attorney General to come back with a different opinion so that more of our colleagues can vote for the Prime Minister’s deal.”
“For the reasons that my right hon. Friend the Minister has given, it is obvious that we have to try to get through a deal that the Attorney General can sign off. I am not asking the Minister to give a detailed legal opinion, but will he note that the unilateral declaration, which we have now lodged, gives us an opportunity to beef up the declaration and to make it clear that we do have a unilateral right of exit from the backstop? If we could do that, I am sure that we could reassure colleagues, particularly those in the Democratic Unionist party, and make progress.”
“Sadly, in his undoubted wisdom the Speaker did not select amendment (g) in my name, which instructs the Government to keep no deal on the table during negotiations with the EU. Will my right hon. Friend confirm that it is still the policy of Her Majesty’s Government to keep no deal on the table, as otherwise how will we get a better deal?”
“So can the Attorney General now use the word “conditional” to reassure the House?”
“I thank the Attorney General for being so patient when I have been working on this unilateral declaration for the past two months and I thank him for including it in the final agreement, but may I ask him a detailed question because the devil is in the detail? There is no doubt, having worked with academic opinion, that a unilateral declaration is absolutely binding as long as it is deposited at the time the treaty is ratified. The unilateral declaration makes it clear that there is nothing to stop the UK leaving the backstop if talks break down, but it has to be a unilateral, conditional, interpretative declaration; that is what international law states. We are signing and agreeing to this withdrawal agreement only on condition—that is why the word “conditional” is important—that, if the talks break down, we can exit.”
“May I ask a question of the Prime Minister about the unilateral declaration? I thank her for listening, as I have been trying to make this case for the past two months. There was a question I put to the Attorney General that I think has now been answered. Am I right in saying that the unilateral declaration states that there is nothing to stop the United Kingdom leaving the backstop if talks break down? It is a very clear unilateral statement: if talks break down, am I right in saying that the EU has to prove good faith? It is a unilateral declaration, and we do not have to use the word “conditional” because the EU has not objected, and if we lay this declaration at the time of ratification, it is binding on the EU.”
“Now, of course there is a risk, but life is full of risks, and against the minimal risk of our being trapped in the backstop, which I believe to be minimal because we have issued the unilateral declaration and because of the stated desire of the parties, there is a much greater risk for us Brexiteers that tomorrow Parliament will block no deal, and that the next day Parliament will vote to extend article 50. For those of us who believe in Brexit and in delivering the will of the people, that is a far greater risk than the fairly small risk of our being trapped in the backstop forever. I appeal to my fellow Brexiteers: you may not like the deal, and it is not perfect, but it delivers Brexit. Let’s go for it.”
“Once one of these conditional interpretative declarations—that is the term of art used—is issued, it can cease to have effect only if the other party to the treaty refuses to ratify that treaty. Not only has the EU not refused to ratify the treaty, but it has not objected to our declaration. Our declaration makes it absolutely abundantly clear that there is nothing to stop us exiting the backstop if discussions break down. We do not have to prove a lack of good faith by the EU; we have simply stated in our unilateral declaration that there is nothing to stop us exiting the backstop if discussions break down. In paragraph 14 of the Attorney General’s report, he says that this is “a substantive and binding reinforcement” of our rights.”
“I took legal advice—I am grateful to Professor Peter Willetts, the emeritus professor of global politics at City, University of London—and eventually suggested to the Government that they use the device of a conditional unilateral declaration. It was met with some scepticism at first, but the campaign continued, and I am delighted that the Government have now issued a unilateral declaration. The shadow Brexit Secretary and the Leader of the Opposition made it clear today that they believe the unilateral declaration is not watertight because the EU has not signed up to it. That is simply not true under international law. We are perfectly entitled under international law to interpret the treaty in the way that the parties appear to want to interpret it, which is that the backstop should be temporary.”
“I voted Brexit, and so did my constituency, by 62% to 38%. It always seemed to many of us that our job was to try to deliver the decision of the people, but we were aware that unfortunately we were in a minority in Parliament and might have to compromise. It became clear to many of us months ago that the EU was unwilling to unpick the agreement. It also become abundantly clear that we could not get the deal through Parliament. So, what was the way forward? It seemed to me that there was some sort of logical way forward, because the two parties themselves had agreed that the backstop should only be temporary. If the backstop proved not to be temporary, could we not, under the Vienna convention or international law, unilaterally escape from it?”
“May we Back Benchers record our thanks for the magnificent commitment and work of the head of the Commonwealth over 60 years? It is truly astounding. Our debates about free trade deals go round in circles. At the beginning of the 20th century, we were talking about imperial preference. Many of us were rather disappointed that in 1972, when we joined what is now the European Union, the Commonwealth was treated somewhat shabbily. May I have a commitment from the Government that they will work full time—as the Government of an independent country that is able to engage in a free trade deal outside the European customs union—to make the Commonwealth the greatest free trade area in the world?”
“It is a very useful instrument and the House should pay the closest attention to it.”
“The hon. Member for Brighton, Pavilion (Caroline Lucas) has alluded to the Adjournment debate that I had a few weeks ago on this issue of the conditional interpretative declaration, which I have been pressing the Government to use for some time. Can my right hon. Friend confirm that, under international law, such an interpretative declaration does indeed have the full force of international law, it is legally enforceable, it has exactly the same weight as the withdrawal agreement and the advantage of it is that it allows us to make a statement that the backstop is indeed temporary, or has a time limit, and it is now up to the EU if we have made such an interpretative declaration to refuse to ratify the treaty? A mere protest is not good enough, so this has full legal force.”
“Surely, never has something so important, namely Brexit, been put at risk in preventing something that will never happen, namely a hard border in Northern Ireland. Why will the EU, the Irish Republic and the United Kingdom Government simply not attach an instrument to the withdrawal agreement, making it clear that we will never impose a hard border in Northern Ireland? That can be achieved in time and with good will, first with customs arrangements, then with a free trade deal backed by technology. It is so simple—let us do it.”
“Earlier, the hon. Gentleman said that the Secretary of State was being used as a human shield. Is he aware that many Conservative Members have considerable sympathy with the Secretary of State? We believe he has been urging his colleagues for the past two years to undertake contingency planning for no deal but was frustrated by other people, perhaps in the Cabinet, who did not want to do that. If mistakes are to be made because these decisions have been taken at the last moment, it is not the fault of the Secretary of State, but he is too much of a gentleman to argue that in his own defence.”
“Away from the party games, we all know that the problems in the British transport system are so intractable that any Secretary of State would face them. Many Conservative Members think that if the rest of the Cabinet had listened to my right hon. Friend the Transport Secretary two years ago and started no-deal planning at the time, not only would the EU have taken us seriously and offered a much better deal, but we would not have made the mistakes that have clearly been made. It is not the Transport Secretary’s fault.”
“Further to that point order, I just wanted to remind the House that the Procedure Committee has ensured in its report that estimates days now actually deal with estimates and talk about money, whereas before, when I rose to talk about estimates, I was ruled out of order. We are now holding an inquiry into setting up a Budget Committee, so the House is trying to make progress on getting better oversight of public expenditure. This is just to inform you, Mr Speaker.”
“On a more positive note, in order to get the withdrawal agreement through, which we should all want, does my right hon. Friend agree that it is not necessary to unpick it? Under international law, we could have a conditional interpretative declaration stating that the backstop is not permanent. If we get that and if the Attorney General changes his mind, will my right hon. Friend join me in urging all my Brexiteer colleagues to vote for this agreement, because the choice is no longer perhaps between an imperfect deal and no deal, but between an imperfect deal and no Brexit?”
“How does that square with what Edward Timpson, the then Minister for Vulnerable Children and Families, said during the passage of the Children and Social Work Bill? He said: “We have committed to retain a right to withdraw from sex education in RSE, because parents should have the right, if they wish, to teach sex education themselves in a way that is consistent with their values.” —[ Official Report , 7 March 2017; Vol. 622, c. 705.]”
“As far as I am concerned, the best form of sex education is—to coin a phrase—to respect and love your neighbour as yourself whatever their sexuality, just as you would respect and love them regardless of their race, ethnicity or anything else. How boring life would be if we were all the same. This very diversity sums up why all previous Conservative Governments have recognised that religious people, and indeed non-religious people, have their own justifiable formal belief about the best way to teach sex education. All previous Conservative Governments, therefore, have given an untrammelled right to parents to remove their children from sex education, but here, in certain circumstances, that right has been transferred to the headteacher—a fundamental shift of power to the state.”
“They simply do not want to unpick the agreement. Indeed, they have made that clear many times.”
“Were we to be stuck in a customs union, it would be a complete betrayal of voters and the referendum mandate, not to mention the Government’s solemn commitments to implement Brexit. Given the current state of play, it looks as though there are four options at hand. The ideal solution is for the backstop to be withdrawn and the protocol to be withdrawn from the withdrawal agreement. A new protocol could be submitted committing the UK and the EU to sorting out a trade facilitation agreement using electronic documentation, trusted trader schemes and remote electronic monitoring of cross-border traffic, with no hard border or any kind of physical infrastructure. It is not impossible to get such an agreement in place by 29 March, but it is unlikely, unfortunately, given the strong opposition within the EU to changing the agreed text.”
“The proposed agreement deals only with the direct questions of how to disentangle ourselves from the European Union’s institutions. On 29 January, the Commons endorsed the amendment tabled by my hon. Friend the Member for Altrincham and Sale West (Sir Graham Brady) requiring that the backstop be replaced with alternative arrangements, and that is what we are negotiating in Brussels at the moment. The weaknesses of the backstop are manifest. There are legitimate fears that, if negotiations for a permanent UK-EU relationship break down, we may find ourselves legally obliged to be stuck in a customs union without end. Indeed, we have read my right hon. and learned Friend the Attorney General’s opinion, which worries many people.”
“I am sure that my bona fides as a Brexiteer are established. The proposed agreement with the EU consists of four legal documents. I want to use this Adjournment debate—a quiet moment for reflection away from the political hurly-burly—to go into this matter in some legal detail. The main agreement deals with citizens’ rights, companies being able to fulfil existing contracts, court cases being finalised and so on. These are the sensible and just features of an amicable parting of ways. Equally, we welcome the two protocols providing for continuing co-operation with Cyprus over our sovereign base areas and with Spain concerning Gibraltar. It is the protocol on Ireland, known as the backstop, which causes immense problems.”
“In the 1970s, we were told that it was a common market—a mere economic relationship. Of course, given our geographical proximity, a great deal of economic integration and co-ordination makes sense. We want to facilitate trade so that our workers and businesses can grow in prosperity together. But the EU was always a project for a political union that the people of this country never fully understood or assented to. It has been clear to me, and to many, since the Maastricht treaty that the EU’s trajectory and the desires of the British people were moving in entirely different directions. I questioned Maastricht from inside the Government in 1993 and was sacked for doing so—a fate that I hope does not befall the present Minister—and I voted for Brexit in 2016, as did 62% of my constituents in Lincolnshire.”
“On 23 June 2016, the voters of the United Kingdom gave their instructions to the Government by a majority of over 1 million. Since then, it has been both the duty and the policy of the Government to implement the result of this people’s vote—a vote which the people were promised was a full and final decision, and which the overwhelming majority of Members of Parliament promised to enact. In passing the withdrawal agreement, the Government may find it valuable to use an instrument of international law called a conditional interpretative declaration to clarify our understanding of the temporary nature of the backstop. I have been a passionate critic of our relationship with the European Union for decades. There has been a fundamental difference between what the EU has always been and what we were told it was.”
“Conditional interpretative declarations cannot negate any part of a treaty. That is a vital part of what I am arguing. I am not trying to negate any part of the withdrawal agreement. These declarations can only constrain the meaning given to part of a treaty. A state’s declaration when ratifying a multilateral treaty does not stand in the way of that state remaining a party to the treaty. With a conditional interpretative declaration to a bilateral accord, the outright rejection of the declaration by other parties means the treaty would not come into force. I am going to go into this in more detail in a moment.”
“Guideline 1.2 defines an interpretative declaration as “a unilateral statement, however phrased or named, made by a State or an international organization, whereby that State or that organization purports to specify or clarify the meaning or scope of a treaty or of certain of its provisions.” A conditional interpretative declaration is a more forceful variant of this instrument of international diplomacy whereby the United Kingdom would assert that its consent to be bound by the withdrawal agreement is dependent upon the interpretation that the backstop has an end date. Lest one think that interpretative declarations are just a back-door way of applying a reservation to a bilateral treaty, it should be clarified that their applicability is much less extensive than that of a reservation.”
“Even if the other three options were pursued, whether individually, sequentially or simultaneously, the conditional interpretative declaration would be useful to have on hand already if the first three options ceased to be viable, or if the EU would not negotiate on that basis. As international law provides that the rules for declarations follow the rules for reservations, it is useful to consult the United Nations International Law Commission’s “Guide to Practice on Reservations to Treaties”.”
“There is a long-established practice of countries making unilateral statements when they ratify a treaty clarifying how they interpret the wording of a particular aspect of the treaty. The United Kingdom can interpret the wording in the agreement that the backstop is “intended to apply only temporarily” as meaning it must have an end date. What else is temporary? It has an end date, so it must end after a specified period. Such a declaration would be subject to the same rules that are applicable to reservations—another term of art in international law—but would not be a reservation itself, as these cannot be applied to bilateral treaties.”
“That leaves us with a fourth option: a clear time limit—it would be difficult to arbitrate about that, as we would have reached the time limit or we would not—or an end date for the backstop, which can be obtained by a conditional interpretative declaration. That is what I am now talking about. I am not sure that in these debates we have had, because of the short time limits that we have been given, anybody has had the time to go into the legal background to this, so it is important that we put it on the record. As far as I know, my understanding of international law is correct, but of course, we have the Minister and my hon. Friends here, and they can put their own viewpoint forward. At least we can get this debate on the record. Let me try to explain.”
“Indeed, the Prime Minister has said many times that she does not even want the backstop to come into force. Unfortunately, but understandably, there is not enough trust in the Commons to rely on that happening. Thirdly, there is the suggestion of a unilateral exit mechanism. It would be contained within the withdrawal agreement, which would be renegotiated, but the EU is unlikely to agree to any amendment that allows the UK to exit from the backstop if negotiations have broken down, without the EU’s consent. That is where we are at present. Even if such a thing were agreed, the EU could easily prevaricate and deny negotiations had broken down. That is why I made the point earlier that it is important that nothing is subject to international arbitration.”
“We all know that the unfortunate thing is that the current deal cannot get through Parliament because people do not trust the EU not to spin things out, but the EU says that it will not unpick the agreement. That is why everyone says that there is an impasse. I am not sure that that is entirely correct. I think there is a way of proceeding. I was saying before the hon. Gentleman’s intervention that we could get an agreement and get rid of the backstop altogether, but that is unlikely given the EU’s attitude. Secondly, there is a reasonable possibility that even without any amendments to the current agreement, “alternative arrangements” could start to operate on the Northern Irish border during the transition period. These would supersede the protocol and make it irrelevant before it could even be applied.”
“I entirely agree with that. I have been working on this issue with international lawyers for some weeks precisely to try to implement what the Democratic Unionist party wants, first because that is the way to get this through Parliament and secondly because I agree with it. I agree with the DUP. In fact, I agree with the DUP on most things. If the hon. Gentleman will be patient, I will try to outline a legally enforceable way in which we can time-limit the backstop. That is terribly important. It has to be clear cut, legally enforceable and, above all, not subject to any kind of arbitration that is in any way in the hands of the EU. I am trying to get to where the DUP is, and if the hon. Gentleman will listen, I hope that I can help him out with a way forward. In fact, I hope that I can help out the EU and our Government.”
“Friend has said and find a way around it.”