Franklin, Andrews, Kramer & Edelstein

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The British people will be in control if they dislike the Brexit deal

MICHAEL GOVE 8 DECEMBER 2017 • 9:30PM
http://www.telegraph.co.uk/news/2017/12/08/british-people-will-control-dislike-brexit-deal/

On 23 June 2016 the British people resolved to leave the European Union and take back control of our laws, our borders and our money. No political decision has ever had a bigger mandate in our history. More than seventeen million of us voted to declare independence.

In March this year, the Prime Minster began the process for the UK's formal withdrawal from the EU by triggering Article 50. Her decision was backed by an overwhelming majority of us in the House of Commons. We ensured that the decision of the British people would be honoured - we would be outside the EU by the end of March 2019, reclaiming our freedom as a sovereign nation.

Since the referendum, the British Government has been focused on how to implement the decision of the British people. Yesterday, after a series of complex and lengthy negotiations with the EU, we have reached a primary agreement that sets the scene for phase two.

This first phase was concerned with achieving agreement on three fundamental issues. These issues formed the required baseline before discussions on the future trade relationship between an independent UK and the EU could take place.

Thanks to the Prime Minister's tenacity and skill, we've achieved a breakthrough on these issues. But it's important to remember that the offer we're making is dependent on securing what we want in the next stage of negotiations. Nothing is agreed until everything is agreed. Everything we have proposed is provisional on achieving a final deal with the EU which is mutually beneficial. Under the Prime Minister’s leadership, I am confident we will secure that prize.

The first issue we had to resolve before making further progress was securing a financial agreement. And the UK has approached this issue in the spirit of a friend and ally of the EU 27 committed to showing generosity and solidarity. That is why we have been determined that, as we leave the EU, other nations should not be out of pocket. So we have offered to meet those commitments we entered into as an EU member, before we took the decision to leave.

That still leaves us making a big saving in EU contributions in this Parliament, and securing an even bigger Brexit bonus in years to come. As the Prime Minister has made clear, from the day we leave, we will then be able to spend more on our own domestic priorities such as housing, education and the NHS.

This agreement also addresses the rights of the three million EU citizens living in the UK and the million British citizens living in the EU. Achieving certainty for all those who have chosen to make the UK their home was of paramount importance, as was securing the rights of British citizens abroad.

On this issue the UK and EU are protecting each other’s interests by accepting that EU citizens, who feel their rights have been infringed, can bring their case to a court in the UK where it will be for British judges to decide the answer, having regard to EU law. Should our judges feel the case law is unclear they may apply for a ruling from the ECJ. But it will be a voluntary process, with British judges making the decision to make a referral. And, in any case, the ECJ's role will end after eight years.The Prime Minister has secured her explicit goal to end the jurisdiction of foreign courts and restore the supremacy of our laws.

The third area where agreement was required was the question of the relationship between Northern Ireland and the Irish Republic. As a Unionist I'm pleased that this agreement recognises that the integrity of the UK was paramount to any agreement and must be absolute.

The agreement also makes clear that the best way of preserving the progress we've seen on the island of Ireland in the last twenty years is through a deep and comprehensive free trade agreement between the UK and the EU. It's in Ireland's interest, and our own, that we work together to accelerate progress on that trade deal. As an admirer of the huge strides Ireland has made in recent decades and a minister committed to supporting farmers and food producers on both sides of the Irish Sea, I will do everything I can to get a deal that works for us all.

The agreement also acknowledges that, in the absence of a trade deal, we will respect the need to maintain the gains secured by the Belfast Agreement. And we'll ensure Northern Ireland stays aligned with the Irish Republic in those areas necessary to keep effective cross-border cooperation.

Crucially, however, the UK Government has made clear that in those areas the UK continues to reserve the right to meet shared goals by our own means. That is in the spirit of the Belfast Agreement. We have different currencies, duties and laws on each side of the border but a shared commitment to foster co-operation in a defined set of areas. Neither side wants to frustrate commerce or fetter the existing ability of people to enjoy the common travel area covering all our islands. But we are different nations and the integrity of the UK is inviolable. That principle of alignment over goals but the ability to diverge over how we get there is a crucial distinction.

I've always believed that we should show the maximum flexibility in this negotiating phase so we can then exercise the maximum freedom as a nation at the end. Now that we are entering the second phase of these negotiations, we are a significant step closer to exercising the freedoms and grasping the opportunities of leaving the EU, freedoms and opportunities the Prime Minister has articulated so compellingly and persuasively.

Outside the EU we take back control of our laws. At the end of the two-year transition period the UK will be able to pass laws that strengthen our economy and enhance our environment, with full freedom to diverge from EU law on the Single Market and Customs Union.

We will have the freedom to negotiate and sign trade agreements with other countries around the world, and to regulate our own international trade policy without being fettered by EU law or the jurisdiction of the ECJ.

We will also be able to reform our immigration policy in respect of newly arriving EU citizens, again free from the constraints of EU law or the jurisdiction of the ECJ. In short, we will take back control of our borders.

The British people will be in control. By the time of the next election, EU law and any new treaty with the EU will cease to have primacy or direct effect in UK law. If the British people dislike the arrangement that we have negotiated with the EU, the agreement will allow a future government to diverge.

In securing this deal, the Prime Minister has demonstrated that together the UK and EU can overcome what others have described as insurmountable obstacles. She has put Britain on a hopeful path towards a better future. We can secure a full and comprehensive free trade agreement with the EU, while also forging new trade relationships with other countries, driving economic growth across the world.

We can establish a deep and special partnership with all the European nations, as a steadfast ally on security and an energetic collaborator on science and technology. But above all, we will be strengthening our democracy - by honouring the referendum result and giving control of our country back to its citizens.

http://www.telegraph.co.uk/news/2017/12/08/british-people-will-control-dislike-brexit-deal/