EU Withdrawal Joint Committee: Oversight — House of Commons, 2019-03-20
Topic: International Affairs
Mark Gino Francois (Conservative, Centre-right): Thank you, Mr Speaker, for granting this urgent question. The Prime Minister is due to attend the critical European Council tomorrow and Friday. However, despite the imminence of those crucial negotiations, very few Members of Parliament in this House are even aware of the extensive powers of the EU-UK Joint Committee contained within the withdrawal agreement. It is very important that those powers are brought to the attention of the House before the Prime Minister attends the Council tomorrow, hence my request this morning The Joint Committee is designed to oversee all aspects of the operation of the agreement and, crucially, managing and supervising the implementation and operation of the future relationship. Its potentially wide-ranging powers are contained in articles 164 to 166 of the withdrawal agreement and its rules of procedure, which are an integral part of the treaty found at annex VIII, almost literally at the back of the 585-page document; there is, in fairness, an annex IX The decisions of the Committee have full force in international law, equivalent to the treaty itself, as guaranteed in article 166. The Committee can meet in private. It does not have to publish its agenda, any minutes or even a summary of its minutes and can be chaired by two unelected civil servants, nominated by either side, rather than by Ministers. Under its rules of procedure, the two co-chairmen, acting outside normal meetings, can even make legally binding decisions in its name by an exchange of notes, without any recourse to or consent from Parliament. Rule 9 of the rules and procedures, on decisions and recommendations, clearly states on page 565 of the treaty: "1. In the period between meetings, the Joint Committee may adopt decisions or recommendations by written procedure, if the co-chairs decide to use this procedure. The written procedure shall consist of an exchange of notes between the co-chairs 2. Where the Joint Committee adopts decisions or recommendations, the words ‘Decision’ or ‘Recommendation’, respectively, shall be inserted in the title of such acts. The Secretariat shall record any decision or recommendation under a serial number and with a reference to the date of its adoption." That is almost exactly the same procedure that is used for notifying and recording EU regulations and directives. Despite all of that, this Committee has hardly ever been mentioned in Parliament, and few Ministers have ever referred to it directly throughout the extensive debates we have had during this Session on the whole issue of Brexit. Crucially, the Joint Committee is contained in the treaty, and therefore has the force of international law behind it, but it is outside the backstop, which is perhaps why it has received less attention than other aspects of the withdrawal agreement to date I believe that this has been extremely cleverly drafted to hand control of future elements of this country’s destiny deliberately to unelected civil servants, rather than to Ministers—civil servants who are unanswerable to this House of Commons in the way that Minister are. Those involved have thought of everything, as rule 12 of annex VIII is entitled "Expenses", and it even lays out how they can reclaim their expenses. At present, Parliament seems blissfully unaware of the ability of the Joint Committee to take legally binding decisions relating to any future aspect of the treaty or the future relationship, in effect, above Parliament’s head There are clear issues of accountability to Parliament that, as far as I am aware, have never really been debated in the House at all. I ask the Minister to confirm that everything I have said is true, and if any of it is not true, will he point out what and why? If it is true, which it is, will he explain what checks and balances this House has over the operation of the Joint Committee?