Brexit: Negotiations — House of Lords, 2018-11-22
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): I thank the noble Baronesses for their comments and shall try to cover the points they made. They both mentioned new arrangements in judicial co-operation in certain areas, particularly in relation to matrimonial matters and parental responsibility. I can also say that the UK intends to accede to the Lugano convention and looks forward to discussing its application with the EU and other contracting states in due course The noble Baroness, Lady Ludford, asked about financial services, and the political declaration indeed contains important detail about co-operation. In particular, we have agreed to consultation mechanisms relating to the adoption, suspension and withdrawal of equivalence decisions. It also notes that both parties will keep their respective frameworks under review to ensure that they can continue to function effectively for both sides. We have agreed to negotiate new arrangements for financial services that provide for greater co-operation and consultation than is possible under existing third-country frameworks The noble Baroness, Lady Smith, talked about a blind Brexit, but in fact the political declaration sets out a clear vision for the UK’s future relationship with the EU and provides instructions for negotiators that will deliver a legal agreement by the end of 2020 covering an economic partnership, a security partnership and specific agreements on cross-cutting co-operation Both noble Baronesses talked about our security partnership, and the political declaration provides for UK co-operation through PNR, Prüm, Europol and Eurojust in future, but also ensures that the UK and EU’s future relationship will deliver capabilities approximate to those currently enabled by relevant EU mechanisms. The noble Baroness, Lady Smith, asked in particular about the European arrest warrant. Again, the declaration is clear that effective and streamlined surrender arrangements will be established, akin to the European arrest warrant and the EU’s arrangements with Norway and Iceland The noble Baroness, Lady Smith, also asked about the adequacy framework, and we have always said that we believe that the EU’s adequacy framework provided the right starting point for the arrangements that the UK and EU should agree on data protection, but that, reflecting the strength of the relationship, we wanted to go beyond an adequacy arrangement. We will therefore continue to consider additional arrangements, including co-operation between regulators, so our ambition remains The noble Baroness, Lady Ludford, asked about the ECHR, and I can say once again that we are committed to the framework of the ECHR Both noble Baronesses asked about agencies. Where we want to continue co-operation with EU agencies—I think that the EMA and ECA were mentioned—we will certainly work with our European partners to explore it. If we have such a relationship, we have also made it clear that we will make an appropriate financial contribution I assure the noble Baroness, Lady Smith, that we continue to push for onward movement for EU nationals. Unfortunately, the EU did not want to include that in the political declaration, but we intend to return to it during the detailed talks on the future arrangements. In terms of next steps, once the political declaration has been endorsed by the Prime Minister and leaders of the EU member states, we will move from negotiating under Article 50 to negotiating under Article 218 of the TFEU. That can legally begin only once the UK has left the EU The noble Baroness, Lady Ludford, asked about building on the single customs territory. What we mean by that is that in designing our long-term arrangements, we will make use, where appropriate, of what we have included in the withdrawal agreement. For example, we want to ensure that no tariffs, quotas, or checks on rules of origin are maintained for what is provided for under that agreement, but the text is also clear that whatever is agreed in our future partnership must recognise the development of an independent UK trade policy The political declaration also recognises that the UK may choose to align with the EU’s rules in relevant areas and that the application of checks and controls will depend on the UK’s commitment, including on the level of alignment. It recognises that both sides wish to be as ambitious as possible, but obviously we need to agree the balance of that as part of the forward negotiations. Once again, I must say to my Liberal Democrat colleagues that we will not be having a second vote. We have already had a people’s vote, and they voted to leave the EU.