Wednesday 12 December 2018

Brexit and my MP - Part 35

So this is the response I received.

Gosh! Thanks!



Draft EU Withdrawal Agreement (6 December 2018)

My thanks again to everyone for continuing to keep in touch with me about Brexit. You may well have had an email before, but just to sum up, the people who have contacted me fall into 3 broad categories: those who are happy to leave without a deal, those who support the current draft Withdrawal Agreement, and those who would like a second referendum.

I know some people believe that leaving the EU on World Trade Organisation (WTO) rules would be a price worth paying and that, although the economy would face a downturn, the recovery would not take as long as some are forecasting. Although I do not believe all the economic forecasts (economists often give quite a wide variation of views), I am yet to be convinced that this would be a responsible path to take. I remain of the view that leaving without a deal would create an economic downturn, and the subsequent social cost would be too high for some parts of the country to bear.

I now understand that it is likely to be possible to rescind Article 50 and return to the situation prior to the referendum of 2016. The European Court of Justice (ECJ) is yet to make a decision on whether the UK can do this unilaterally, i.e. without the agreement of other Member States. However, the Advocate General issued his opinion this week that: ‘the Member State which has activated Article 50 TEU in order to withdraw from the European Union may ‘deactivate’ it when its will changes’. I understand that this is only advisory, however it is likely that the UK will have a clear statement over the coming days from the ECJ about whether it can unilaterally rescind Article 50.

I continue to have grave concerns about a second referendum. However, if Parliament were unable to form a majority view then a second referendum may be the only responsible way forward. A second referendum could include: the opportunity to rescind Article 50; leaving the EU on WTO rules; or indeed the draft Agreement we have before us today. I have doubts whether the enabling legislation could get through Parliament until, and unless, Parliament is deadlocked, and another referendum would undoubtedly infuriate many.

However, I feel Parliament has a duty to try and resolve this matter. There is much speculation about what will happen over the next week and I will endeavour to keep you in touch with events as they emerge. Do always use the link www.parliamentlive.tv/Commons if you would like to follow the debate. There are 8 hours of debate each day and depending on whether there are urgent questions or Government statements, the debates will start at: 10:30am on Thursday; 3:30pm on Monday; and 12:30pm on Tuesday.

Many people have raised concerns about the so-called backstop in the draft Agreement, in particular about the open-ended nature of the backstop and also concerns about Northern Ireland. I understand that the words “best endeavours” have a long legal history. However, there is still some question about what would happen next. It is possible that it isn’t in practise enforceable in any meaningful way. The advice that I have been given is that the backstop is not a comfortable position for both the UK and the EU, and that this will be sufficient to ensure we do not stay in the backstop for long.
I have little optimism that the EU will agree variations on the draft Agreement that would be meaningful. So even if the EU agreed to an extension to Article 50 it would be unlikely that this would be for the purpose of changing the deal currently on offer.

This is the most important vote the House of Commons will take in my time as an MP. I will take my time to decide how to vote, bearing in mind the views of the people in Guildford, and the best interests of the country. My position in Government will not affect how I vote. I will accept the consequences whatever they might be, to do what I think is right. I have asked and will continue to press for a free vote on the draft Agreement.

There is no doubt that how I vote will not please everyone, but I can assure you that I am giving this issue a great deal of attention and time, to make quite sure I have all the best information available from the Government, the views of my constituents and any independent advice that is available to me.

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