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www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary DEBATE PACK CDP-0073 (2020) | 1 June 2020 The EU's Mandate for Negotiating a New Partnership with the UK Compiled by: Nigel Walker Tim Robinson Subject specialists: Stefano Fella Graeme Cowie Main Chamber Thursday 4 June 2020 The proceedings of this debate can be viewed on Parliament.tv. Contents 1. Background 2 1.1 Summary 2 1.2 Parliamentary scrutiny during transition 2 1.3 Report and debate on the EU’s negotiating mandate 3 1.4 UK and EU negotiating objectives 4 1.5 The negotiations so far 5 1.6 Publication of UK texts and letter to Michel Barnier 6 1.7 Timeline and transition period 6 2. Press and media articles 8 3. PQs 10 4. Other Parliamentary material 16 4.1 Statements 16 4.2 Urgent Question 29 4.3 Debates on select committee reports 29 4.4 Select Committee oral evidence sessions 29 5. Further reading 31 The House of Commons Library prepares a briefing in hard copy and/or online for most non-legislative debates in the Chamber and Westminster Hall other than half-hour debates. Debate Packs are produced quickly after the announcement of parliamentary business. They are intended to provide a summary or overview of the issue being debated and identify relevant briefings and useful documents, including press and parliamentary material. More detailed briefing can be prepared for Members on request to the Library.

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Page 1: The EU's Mandate for Negotiating a New Partnership with the UK€¦ · 1 Similar arrangements must be made in the House of Lords if its EU Select Committee publishes a report of the

www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary

DEBATE PACK

CDP-0073 (2020) | 1 June 2020

The EU's Mandate for Negotiating a New Partnership with the UK

Compiled by: Nigel Walker Tim Robinson Subject specialists: Stefano Fella Graeme Cowie

Main Chamber Thursday 4 June 2020

The proceedings of this debate can be viewed on Parliament.tv.

Contents 1. Background 2 1.1 Summary 2 1.2 Parliamentary scrutiny

during transition 2 1.3 Report and debate on

the EU’s negotiating mandate 3

1.4 UK and EU negotiating objectives 4

1.5 The negotiations so far 5 1.6 Publication of UK texts

and letter to Michel Barnier 6

1.7 Timeline and transition period 6

2. Press and media articles 8

3. PQs 10

4. Other Parliamentary material 16

4.1 Statements 16 4.2 Urgent Question 29 4.3 Debates on select

committee reports 29 4.4 Select Committee oral

evidence sessions 29

5. Further reading 31

The House of Commons Library prepares a briefing in hard copy and/or online for most non-legislative debates in the Chamber and Westminster Hall other than half-hour debates. Debate Packs are produced quickly after the announcement of parliamentary business. They are intended to provide a summary or overview of the issue being debated and identify relevant briefings and useful documents, including press and parliamentary material. More detailed briefing can be prepared for Members on request to the Library.

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1. Background

1.1 Summary The debate is the first to take place on the basis of the new power given to the European Scrutiny Committee (ESC) in section 13A of the European Union (Withdrawal) Act 2018 to review EU legislation made or proposed during the post-exit transition period and to put forward a motion to be debated and voted on if the ESC is of the opinion that the law in question “raises a matter of vital national interest to the United Kingdom”. The legislation in question is the Council Decision establishing the EU’s negotiating mandate (adopted on 25 February 2020) for the EU-UK future relationship negotiations. The UK Government published its negotiating objectives on 27 February. The negotiations began on 2 March. However, planned negotiating rounds in mid-March and early April did not take place because of the coronavirus outbreak. Negotiations resumed in late April by video conference. Negotiating rounds so far have not resolved the major differences between the two parties on key issues, including the EU’s proposed “level playing field” commitments, fisheries, police and judicial co-operation, and governance.

1.2 Parliamentary scrutiny during transition While the UK was an EU Member State, the European Scrutiny Committee (ESC) assumed a role in domestic Parliamentary scrutiny of EU legislation (including decisions of EU institutions). This role lapsed when the UK left the EU on 31 January 2020.

However, the ESC was given a new statutory role in the context of the transition period by the EU (Withdrawal Agreement) Act 2020. Section 29 of that Act inserts new section 13A into the EU (Withdrawal) Act 2018. Under this new arrangement, the ESC can force a debate to take place on the floor of the House of Commons if certain conditions are met. These conditions are that:

• the ESC has published a report in respect of any EU legislation made, or which may be made, during the implementation period;

• the report states that, in the ESC’s opinion, the EU legislation raises a matter of vital national interest to the UK;

• the report confirms the ESC has taken such evidence as it considers appropriate as to the effect of the EU legislation and has (if appropriate) consulted relevant Departmental Select Committees with an interest in the EU legislation; and

• the report has set out the wording of a motion to be moved in the House of Commons (to allow a debate to take place)

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If this happens, a Minister must, within 14 Commons sitting days of the report being published, make arrangements for the motion to be debated and voted on in the House of Commons.1

Section 13A creates a parallel role for the House of Lords EU Committee, requiring a debate and vote in the House of Lords where similar conditions are met.

1.3 Report and debate on the EU’s negotiating mandate

The definition of “EU legislation” in section 13A includes an “EU decision”. Since the EU’s negotiating mandate is underpinned by a Council Decision the ESC can report and require a debate to take place on it.

In its First Report of Session 2019-21 (agreed on 11 March 2020), the Committee set out its view that the Council Decision and Annex establishing the EU’s negotiating mandate (adopted on 25 February 2020) raised matters of vital national interest to the UK. Before deciding whether to put forward a motion under section 13A(1)(c) of the 2018 Act, the Committee consulted 24 Select Committees which it considered were also likely to have an interest. Twenty-three responded, with 21 providing a substantive response. A summary of the key issues raised by those Committees, as well as their full responses, were published in the European Scrutiny Committee’s Fifth Report of Session 2019-21 (reported to the House on 30 April 2020), along with the motion to be debated and voted on in the House on 4 June.

As required by the Act, the report states the Committee’s opinion that the decision “raises matters of vital national interest to the UK” and that relevant Departmental Select Committees have been consulted. The form of motion proposed by the Committee was:

That this House, having regard to the constitutional and legal functions enshrined in the European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020, urges the Government to conduct its negotiations with the European Union with the fullest possible transparency to facilitate essential parliamentary scrutiny; also urges the Government to make regular progress reports on the negotiations, including on stakeholder contributions to the consultation on The Future Relationship with the EU: the UK’s Approach to Negotiations, and to address the issues identified by the European Scrutiny Committee in its Fifth Report of Session 2019–21, HC 333, as matters of vital national interest.

The motion represents a statement of opinion of the House of Commons and would not (in itself) have any legal consequences for the negotiations if adopted.

1 Similar arrangements must be made in the House of Lords if its EU Select Committee

publishes a report of the same kind.

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A similar debate took place in the House of Lords on 16 March 2020, after the Lords EU Committee exercised its parallel powers under the Act.

1.4 UK and EU negotiating objectives Following the Council Decision establishing the EU’s negotiating mandate on 25 February, the Government published its negotiating approach in a command paper, The Future Relationship with the EU: the UK’s Approach to Negotiations, on 27 February.

The EU negotiating directives propose an economic partnership, a security partnership and co-operation on other issues within a single overarching governance structure. This would have a dispute resolution system in which the Court of Justice of the EU (CJEU) provides interpretations of questions of EU law.

Both the EU and UK agree on the aim of zero-tariff and zero-quota trade between the UK and EU. The EU is, however, only prepared to grant this “privileged” access to its market if the UK agrees to “robust” level playing field commitments and an agreement on fisheries providing continuity in access to UK waters.

The EU’s proposal for a security partnership provides for termination of law enforcement and judicial co-operation if the UK were to denounce the European Convention on Human Rights or abrogate domestic law giving effect to it.

The UK command paper proposes a suite of agreements, with agreements on fishing, aviation, nuclear co-operation and law enforcement and judicial co-operation, separate to its proposed free trade agreement. These agreements would have their own distinct governance arrangements.

The Government rules out regulatory alignment with the EU, jurisdiction of the CJEU and supranational control over the UK in any area of the proposed agreements. In particular, the UK will not agree to be bound by “level playing field” obligations, such as, for example, rules on government subsidies to industry, workers’ rights and environmental protection. On fisheries it proposes annual negotiations with the EU and rejects continuity in terms of EU access to UK waters.

On the proposed security partnership, the Government says that the agreement should not specify how the UK or EU protect and enforce human rights within their legal systems. While the EU has proposed that the security partnership also encompasses foreign affairs and defence co-operation, the Government does not view co-operation in these areas as requiring a treaty framework.

The UK and EU negotiating positions are analysed in more detail in the Commons Library briefing paper 8834, The UK-EU future relationship negotiations: process and issues.

Commons Library briefing paper 8920 The UK-EU future relationship negotiations: summary of positions includes tables comparing the UK and EU positions across the range of issues.

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The negotiating positions in some specific sectors are analysed in the following briefing papers:

Commons Library briefing paper 8852 The UK-EU future relationship negotiations: Level playing field

Commons Library briefing paper 8927 Fisheries: UK-EU future relationship negotiations

Commons Library briefing paper 8832 The UK-EU future relationship negotiations: Transport

1.5 The negotiations so far The negotiations on the future UK-EU relationship began on 2 March 2020. The initial terms of reference for the negotiations published at the end of February envisaged five rounds of negotiations up to the middle of May 2020, with further rounds to be mutually agreed. The high-level UK-EU meeting envisaged for June 2020 would be an opportunity to take stock of progress “with the aim of agreeing actions to move forward in negotiations”.

The European Commission published a draft treaty text on 18 March covering all aspects of the EU’s envisaged future relationship with the UK. This is analysed in Commons Library briefing paper 8923 The UK-EU future relationship: the March 2020 EU draft treaty and negotiations update

The UK also tabled texts covering some of its proposed suite of agreements, including a free trade agreement. These were not made public and the Government asked the European Commission not to share these texts with the Member States.

Lockdowns across Europe in the wake of the coronavirus outbreak meant that the originally planned second and third round of negotiations did not take place. On 15 April, the two lead negotiators, David Frost (UK) and Michel Barnier (EU) met by videoconference and announced a new schedule of negotiations. This would involve three new rounds to take place by videoconference in the weeks commencing 20 April, 11 May and 1 June.

Following the second round of negotiations, Mr Barnier said that the UK had “refused to engage seriously on a number of fundamental issues. He referred to a lack of progress on four issues where the positions of the two sides continued to differ: i) level playing field; ii) governance; iii) police and judicial co-operation; and iv) fisheries.

A UK Government statement referred to promising convergence in some trade and related issues. But it said that there would be no progress on level playing field and governance provisions until the EU dropped its insistence on imposing conditions on the UK which are not found in the EU’s other trade agreements and “do not take account of the fact that we have left the EU as an independent state”.

In evidence to the House of Lords’ EU Committee on 5 May, the Chancellor of the Duchy of Lancaster Michael Gove said that the

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Government would be willing to drop the objective of a “zero tariff, zero quota” free trade agreement and accept some tariffs if this meant not signing up to the level playing field arrangements the EU wanted.

In his statement following the third round, Mr Frost said that the main obstacle was the EU’s “novel and unbalanced proposals” on the level playing field. He said these were not based on precedent. Similarly, he said the EU’s demands on fisheries were “manifestly unbalanced” and did not respect the UK’s future status as an independent coastal state.

In his statement following the third round, Mr Barnier rejected the UK suggestion that there could be some tariffs, similarly to those found in the EU-Canada agreement, without there being level playing field provisions. He also said this would require a much more lengthy negotiation of each tariff line, requiring an extension to the post-Brexit transition period. He said that the negotiations on different topics were linked with agreement in one area requiring agreement in others. He said that some of the UK’s requests went beyond what could be found in the EU’s other free trade agreements.

The fourth round of negotiations takes place from 2 to 5 June.

1.6 Publication of UK texts and letter to Michel Barnier

The UK Government published the ten draft treaty texts it has tabled in the negotiations on 19 May. The Government also published a letter from David Frost to Michel Barnier sent on the same day. Mr Frost said that the UK treaty texts were based on precedent from existing EU agreements with third countries. He contrasted these with examples of where the EU was not willing to replicate commitments found in these other agreements and was making additional demands.

In his response, Mr Barnier said he did not think such an exchange of letters was “necessarily the best way to discuss on substantial points”. He said the EU would “not accept cherry picking” from past agreements and that its principal reference point was the Political Declaration (PD) agreed with the UK Government in October 2019.

For a fuller overview of the negotiations so far and the exchange of letters between Mr Barnier see Commons Library briefing paper 8923 The UK-EU future relationship: the March 2020 EU draft treaty and negotiations update

1.7 Timeline and transition period The loss of negotiating rounds, the switch to negotiating by videoconference and the diversion of resources and political attention towards addressing the coronavirus outbreak has increased concerns about the viability of the timeline for concluding an agreement. However, in his evidence to the House of Commons Future Relationship Committee on 27 April Michael Gove suggested that the coronavirus crisis “should concentrate the minds” of EU negotiators.

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The Scottish and Welsh Governments, the Scottish National Party and Liberal Democrats and several other organisations have called for an extension to the post-Brexit transition period in order to give more time to negotiate an agreement. The transition period ends on 31 December 2020, but the Withdrawal Agreement (WA) provides for an extension of the transition period for up to two years if agreed by the end of June 2020. The Government has legislated to prohibit itself from seeking an extension and continues to reiterate that it will not do so.

The timeline and the process for extending the transition if the UK Government changes it position on this are discussed in more detail in Commons Library briefing paper 8929 UK-EU future relationship negotiating timetable: extending the transition.

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2. Press and media articles The following is a selection of press, media and research articles relevant to this debate. Please note: the Library is not responsible for either the views or the accuracy of external content. UK would not extend Brexit transition period if asked, top negotiator David Frost says after Michel Barnier letter Politics Home Matt Honeycombe-Foster 27 May 2020 EU ready to ease fisheries demands in Brexit talks Reuters Gabriela Baczynska 26 May 2020 No sign Britain wants EU trade talks to succeed: EU trade chief Reuters 7 May 2020 Brussels and Britain clash over climate conditions in trade deal Financial Times Jim Brunsden 6 May 2020 Coveney fearful of another crisis point in Brexit talks RTÉ 5 May 2020 David Frost must face the same scrutiny as other Brexit negotiators Institute for Government Tim Durrant 30 April 2020 Fishing rights threaten to stall Brexit talks Financial Times Peter Foster and Jim Brunsden 14 April 2020 Brexit: UK plan to agree trade deal by December is fantasy, says EU Guardian Daniel Boffey 8 April 2020 UK-EU talks on post-Brexit relations 'in deep freeze' Guardian Daniel Boffey 26 March 2020

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Pressure to delay Brexit talks as coronavirus crisis grows Guardian Jennifer Rankin 19 March 2020 5 takeaways from the first round of Brexit talks Politico Barbara Moens 6 March 2020 UK–EU future relationship: UK and EU mandates Institute for Government Joe Owen, Georgina Wright, Alex Stojanovic, Haydon Etherington and Maddy Thimont Jack 28 February 2020 So Long, and Say Thanks for All the Fish Foreign Policy Keith Johnson 28 February 2020 Brexit: UK negotiating objectives for trade with EU, in a nutshell Guardian Lisa O'Carroll 27 February 2020 The EU-UK Negotiations and the Mandate of the European Commission Brexit Institute Giovanni Zaccaroni 27 February 2020

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3. PQs UK Relations With EU 12 May 2020 | 41419 Asked by: Caroline Lucas To ask the Minister for the Cabinet Office, with reference to the press statement by Michel Barnier following the second round of future relationship negotiations with the United Kingdom published on 24 April 2020, what recent (a) social, (b) economic, (c) labour and (d) environmental impact assessments the Government has undertaken of the effect of not reaching a deal with the EU by the end of the transition period. Answering member: Penny Mordaunt | Cabinet Office The UK has struck a deal with the EU and that will form the basis of our relationship with the EU going forwards. There is no danger of the kind of legal rupture and uncertainty that would have occurred if we had left the EU without a deal. The outstanding question is how deep our trading relationship can be in future and what kind of pragmatic collaboration we are looking for in other areas. It’s in our and the EU’s interests to have a future relationship which keeps goods flowing, services being provided, and business being done. Negotiations with the EU on the form that relationship will take are ongoing. We will continue to keep Parliament informed with appropriate analysis at appropriate times. EU Withdrawal Agreement: Covid-19 04 May 2020 | 675 c414 Asked by: Wes Streeting Everyone will understand that we have left the European Union and everyone will understand that the impact of covid-19 might have an impact on the timetable for negotiating our future relationship, so why will the Minister not give businesses the reassurance they need that if the Government need more time, they will take more time? Is it dogma; is it vanity; or is it paranoia? Answered by: Michael Gove | Cabinet Office The hon. Gentleman provides a helpful list of conditions, but it is none of those. It is plain prudence. Were we to perpetuate our membership of the European Union-lite through the transition period, we would end up spending more taxpayers’ money, which could be spent on the NHS. We would have to accept new EU rules that might constrain our ability to fight covid-19 and to deal with other crises, and we would, of course, be unfortunately and unfairly trespassing on the EU’s need to concentrate on other vital priorities.

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European Union: Future Relationship 28 Apr 2020 | 803 cc178-181 Asked by: Baroness Hayter of Kentish Town To ask Her Majesty’s Government what progress has been made in the negotiations on the future relationship with the European Union. Answered by: Lord True | Cabinet Office My Lords, last week, the United Kingdom and the EU had a full and constructive negotiating round. It was conducted remotely by video conference and there was a full range of discussions across all the issues on the basis of extensive legal texts provided by both sides. We now need to move further forward in a constructive fashion. Asked by: Baroness Hayter of Kentish Town I thank the Minister for that. As he said, there were 40 sessions of negotiations last week , but I am afraid that we heard from both sides about the difficulties and the lack of progress. There was even a slight hint of bad faith—this at a time when there are dire consequences to our trade and finance because of Covid. Given that the Government’s chief negotiator is not a Minister and so is not answerable to Parliament, can this Minister, the noble Lord, Lord True, confirm that the Government are genuinely prioritising a deal, as envisaged in the political declaration? Will he give serious consideration to releasing the legal texts that he has mentioned to assist the House in its work? Can he also say whether the Prime Minister’s original Brexit blueprint has in any way changed in the light of the new economic circumstances? Answered by: Lord True | Cabinet Office My Lords, there were several questions there, but it is always welcome to hear from the noble Baroness. The Government are determined to reach a constructive and amicable relationship with the EU, to maintain that and to reach an amicable agreement. These negotiations have only just begun. There were good areas of convergence in the first discussions, as well as areas of disagreement; that is normal in a negotiation. On legal texts, we have always said that we would consider whether it is appropriate to publish certain documents during the course of negotiations and whether it is useful to make them available more widely. However, those decisions will be taken at the appropriate time. […] Asked by: Baroness Ludford On what basis do the Government believe that they will have full access to EU security operations and databases such as Europol and the Schengen Information System, an ambition that has been labelled as “cherry picking on speed” by a spokesman for one of the parties in the coalition Government of Germany, which will have the EU presidency from July? Are the Government relying on a belief that the EU will compromise on its legal rules on data protection, human rights and the European Court of Human Rights or, in the words of Mr Gove yesterday, that they will set aside their principles?

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Answered by: Lord True | Cabinet Office No, my Lords, the Government are negotiating in good faith. We are in the first stages of this negotiation and that is the course we will continue to pursue. I have rather more confidence in the good faith of both sides than is implied in the question put by the noble Baroness. […] Asked by: Lord Wallace of Saltaire My Lords, seven months ago the Government presented to Parliament the political declaration setting out the framework for the future relationship which did not talk about a free trade area, but rather about, “an ambitious broad, deep and flexible partnership” Including “foreign policy, security and defence and wider areas of co-operation.” The paper presented to us by the Government in February set out a much narrower free trade agreement, as the Minister has just said. It says nothing about a wider partnership. Should we now accept that the declaration made last October is no longer a reference point for the Government’s negotiations? Answered by: Lord True | Cabinet Office My Lords, the Government have set out their negotiating objectives before Parliament and in talks with the European Union. The Government are seeking to negotiate in good faith on the basis of those documents. […] Asked by: Lord Polak My Lords, Mr Barnier said that the EU would not agree to an economic partnership without a long-term solution on fisheries—publicly grandstanding, not negotiating. A future fisheries agreement should not leave the UK at a disadvantage compared with the likes of Norway and Iceland. Does my noble friend agree that, with the right attitude on both sides, it is possible to deliver a trade deal before the end of the transition period, a deal formed on the back of the clear democratic vote just last December? Answered by: Lord True | Cabinet Office Yes, I certainly agree with my noble friend, and the Government believe that that will be possible. The Government are asking nothing of the European Union that it has not agreed in free trade agreements with other nations. On fisheries—I should declare an interest as a descendent of six generations of fishermen—the Government’s position is that Britain will be an independent coastal state; we will make our own arrangement but we will negotiate with all parties, as is done with Norway, on the future use of what will be our waters.

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Government Departments: Brexit 08 Apr 2020 | 32247 Asked by: Stephen Farry To ask the Minister for the Cabinet Office, how many civil servants are working on the (a) negotiations for and (b) planning of the future relationship with the EU, broken by down (a) department and (b) grade. Answering member: Penny Mordaunt | Cabinet Office The Task Force Europe team in No 10 consists of 48 civil servants (as at 20 March) across all civil service grades. The Unit works closely with colleagues from across Whitehall on negotiations on our future relationship with the EU. Gibraltar 01 Apr 2020 | HL2805 Asked by: Lord Hoyle To ask Her Majesty's Government what steps they are taking to ensure that Gibraltar has access to any opportunities that arise from the UK’s departure from the EU Answering member: Baroness Sugg | Foreign and Commonwealth Office The United Kingdom is negotiating the future relationship with the EU on behalf of the whole United Kingdom family, including Gibraltar. We continue to work with the Government of Gibraltar, in keeping with the mature and modern constitutional relationship which Gibraltar enjoys with the United Kingdom, and we will remain steadfast in our support for Gibraltar, its people and economy. UK Relations with EU 23 Mar 2020 | HL2421 Asked by: Lord Bowness To ask Her Majesty's Government under which part of The Future Relationship with the EU: The UK’s Approach to Negotiations (CP211), published in February, and in which group of the Terms of Reference on the UK–EU future relationship negotiations, published on 28 February, they intend to seek mutual recognition between the UK and EU member states on (1) the European Health Insurance Card, (2) drivers' licences, and (3) disabled blue badges. Answering member: Lord True | Cabinet Office As set out on 28 February in Annex A of the Terms of Reference on the UK–EU future relationship negotiation, 11 negotiating groups have been established. The arrangements relating to future healthcare cooperation will be discussed in the group entitled ‘Mobility and Social Security

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Coordination’ including those that provide temporary healthcare cover for tourists, short-term business visitors and service providers. The transport arrangements set out in the UK’s Approach to Negotiations will be covered in the ‘Transport’ group. Driving licences are a member state competence and we intend to conclude bilateral agreements to secure recognition of UK licences for visiting drivers (commercial and private) as well as exchange for UK licence holders who relocate to the EU. Reciprocal recognition of blue badges operates across the EU on the basis of goodwill between member states. We’ve asked UK local authorities to continue to recognise EU blue badges and we hope that member states will do the same. UK Relations with EU 4 Feb 2020 | 1166 Asked by: Hilary Benn To ask the Minister for the Cabinet Office, what plans he has to encourage civil society dialogue as set out in paragraph 125 of the Political Declaration agreed with the EU. Answering member: Chloe Smith | Cabinet Office We want a relationship with the EU which is based on friendly cooperation between sovereign equals, and centred on free trade. We will have a relationship with our European friends inspired by our shared history and values. The Political Declaration sets out the potential scope of the future relationship. This is now a matter for negotiations. Department for Exiting the European Union: Closures 6 February 2020 | 11512 Asked by: Valerie Vaz | Shadow Leader of the House To ask the Leader of the Leader of the House, which Government Department is responsible for answering the Exiting the European Union Select Committee following the closure of the Department for Exiting the European Union. Answered by: Jacob Rees-Mogg | Leader of the House As my Right Hon Friend the Prime Minister set out to the House (https://hansard.parliament.uk/commons/2020-02-03/debates/20020316000004/DepartmentForExitingTheEuropeanUnionClosure) the Department for Exiting the European Union (DExEU) closed on 31 January. Those of its functions which are still required have been transferred to relevant government departments. The administration of the closure of DExEU is being carried out by the Cabinet Office.

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The Government department responsible for answering written questions will depend on the subject of the question. Questions can be transferred between departments to ensure that they are answered by the relevant department. The Government department responsible for answering oral questions will depend on the subject of the question. Once the Exiting the European Union Select Committee members are nominated and it is fully constituted, the Committee may wish, in the first instance, to take up any questions it has with the Cabinet Office.

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4. Other Parliamentary material

4.1 Statements Northern Ireland Protocol: UK Approach 20 May 2020 | 676 cc591-601 The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove): With permission, Mr Speaker, I will make a statement on the Government’s approach to implementing the Northern Ireland protocol as part of the withdrawal agreement with the European Union. The protocol exists to ensure that the progress that the people of Northern Ireland have made in the 22 years since the Belfast/Good Friday agreement is secured into the future. The Belfast agreement is built on the principle of consent. It was ratified by referendums in both Northern Ireland and Ireland, and the agreement is crystal clear that any change in the constitutional position of Northern Ireland within the United Kingdom can come only if the majority in Northern Ireland consent to any change. The vital importance of consent is recognised in the provision for any alignment in the protocol to be disapplied if Northern Ireland’s political representatives conclude that it is no longer desirable. Embedding that recognition of consent in the protocol was intrinsic to its acceptance by the Government. Therefore, for the protocol to work, it must respect the needs of all Northern Ireland’s people, respect the fact that Northern Ireland is an integral part of the customs territory of the UK, and respect the need to bear as lightly as possible on the everyday life of Northern Ireland. Although there will be some new administrative requirements in the protocol, these electronic processes will be streamlined and simplified to the maximum extent. As the European Commissioner’s own negotiator, Michel Barnier, has spelled out, the protocol’s procedures must be as easy as possible and not too burdensome, in particular for smaller businesses. As is so often the case, but not always, Monsieur Barnier is right. The economy of Northern Ireland is heavily dependent on small and medium-sized enterprises. Subjecting traders to unnecessary and disproportionate burdens, particularly as we wrestle with the economic consequences of covid-19, would not serve the interests of the people of Northern Ireland, for whom the protocol was designed. The protocol text itself is explicit that implementation should impact as little as possible on the everyday life of communities. In that context, it is important for us all to recall that the clear majority of Northern Ireland’s trade is with the rest of the United Kingdom, so safeguarding the free flow of goods within the UK’s internal market is of critical importance to Northern Ireland’s economy and people. Today, we are publishing a Command Paper that outlines how the protocol can be implemented in a way that would protect the interests of the people and the economy of Northern Ireland, ensure the effective working of the UK’s internal market, and also provide appropriate

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protection for the EU single market, as well as upholding the rights of all Northern Ireland’s citizens. Delivering on these proposals will require close working with the Northern Ireland Executive, underscoring once again the significance of the restoration of the Stormont institutions in January. I would like to put on record my gratitude for the constructive approach that has been shown by Northern Ireland politicians, including by the First Minister and Deputy First Minister, as well as by hon. Members from across this House. There are four steps we will take to ensure the protocol is implemented effectively. First, we will deliver unfettered access for NI producers to the whole of the UK market. Northern Ireland to Great Britain goods movements should take place as they do now. There should not be export declarations or any other processes as goods leave NI for GB, and we will deliver on unfettered access for Northern Ireland goods through legislation by the end of this year. Secondly, we will ensure that there are no tariffs on goods remaining within the UK customs territory. In order to ensure that internal UK trade qualifies for tariff-free status, there will need to be declarations on goods as they move from Great Britain to Northern Ireland, but these systems will be electronic and administered by UK authorities. It will be for our authorities to determine any processes that are required, using the latest technology, risk and compliance techniques to keep these to an absolute minimum. That will also allow us to deliver on our third key proposal, which is that implementation of the protocol will not involve new customs infrastructure. We acknowledge, however, as we have always done, that on agrifood and live animal movements, it makes sense to protect supply chains and the disease-free status of the island of Ireland, as has been the case since the 19th century. That will mean some expansion of existing infrastructure to provide for some additional new processes for the agriculture and food sector, but these processes will build on what already happens at ports such as Larne and Belfast, and we will work with the EU to keep these checks to a minimum, reflecting the high standards we see right across the UK. There is no such case, however, for new customs infrastructure, and as such there will not be any. Fourthly, we will guarantee that Northern Ireland businesses will benefit from the lower tariffs that we deliver through new free trade agreements with third countries. This ensures that Northern Ireland businesses will be able to enjoy the full benefits of the unique access that they have to the UK and EU markets. These four commitments will ensure that, as we implement the protocol, we give full effect to the requirements in its text to recognise Northern Ireland’s place in the UK and in its customs territory. As we take the work of implementation forward, we will continue to work closely with the First Minister and the Deputy First Minister, with Northern Ireland MPs from across parties, and with the business community and farming groups that have provided such valuable feedback for our approach.

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Of course, we have already guaranteed, in the “New Decade, New Approach” deal, that the Northern Ireland Executive have a seat at the table in any meeting where Northern Ireland is being discussed and the Irish Government are present. Alongside that, there will be a new business engagement forum to exchange proposals, concerns and feedback from across the community on how best to maximise the free flow of trade, and we will ensure that those discussions sit at the heart of our thinking. We recognise that there will be a wide range of voices and responses to our Command Paper. We will listen to these respectfully while we continue to put our own case with conviction at the Joint Committee. Our approach will of course continue to be informed by extensive engagement with businesses, politicians and individuals right across communities in Northern Ireland. We stand ready to work with the EU in a spirit of collaboration and co-operation so that a positive new chapter can open for Northern Ireland and its people in every community, and it is in that spirit that I commend this statement to the House. Negotiations on the UK's future relationship with the EU: update 19 May 2020 | HCWS245 The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove): The Government has made a commitment to update Parliament on the progress of our future relationship negotiations with the EU. This statement provides an update on the third round of negotiations. It also notes that the UK’s draft legal texts are being made public today. Negotiators from the UK and the EU held discussions through video conferencing on 11 – 15 May 2020 for the third round of negotiations on the UK-EU future relationship. This was a full and constructive negotiating round, covering the full range of issues with both sides discussing full legal texts. The round was opened by the UK’s Chief Negotiator, David Frost, and by the European Commission’s Chief Negotiator, Michel Barnier, in a plenary session on 11 May. There were then discussions across all the issues and the session closed with a further plenary on 15 May. Discussions covered all workstreams including: • Trade in Goods – Market access and rules of origin, trade

remedies, customs, technical barriers to trade and SPS. • Trade in Services –Investment, temporary entry for business

purposes, professional qualifications, professional and business services, financial services and digital.

• Fisheries – Discussion on control and enforcement, conservation and sustainable exploitation, and scientific evidence, all principally on the basis of the draft Fisheries Framework Agreement provided to the EU the previous week.

• Transport – Aviation and aviation safety, road haulage and passenger transport.

• Energy – Civil nuclear cooperation, gas and electricity trading, climate change and carbon pricing.

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• Mobility and Social Security Coordination – Including the UK’s legal text on social security coordination.

• Law Enforcement and Criminal Justice – UK presentation of the UK Law Enforcement Treaty with detailed discussions on operational capabilities.

• Thematic cooperation – Covering health security; asylum and illegal migration; unaccompanied asylum-seeking children; cyber security; and security of information.

• Participation in Union Programmes - General terms for UK participation in programmes, including provisions for financial contribution.

• “Level Playing Field” - Including subsidies, competition policy, and trade and sustainable development.

• Horizontal Issues - Governance arrangements, territorial scope. Discussions showed that a standard Comprehensive Free Trade Agreement, with other key agreements on issues like law enforcement, civil nuclear, and aviation alongside, all in line with the Political Declaration, could be agreed without major difficulties in the time available. However, there remain some areas where we have significant differences of principle – notably fisheries, governance arrangements, and the so-called “level playing field”. It remains difficult to reach a mutually beneficial agreement while the EU maintains an ideological approach. In order to facilitate discussions in the fourth Round and beyond, the Government is today making publicly available the draft legal texts we have shared with the Commission and which have formed the basis of our discussions, together of course with the EU’s draft Agreement. The UK texts are fully in line with the Government’s document “The Approach to the Future Negotiations” published on 27 February. Copies of the legal texts have been placed in the House Library and they are also available on GOV.UK. This Government remains committed to a deal with a Free Trade Agreement at its core. We look forward to the fourth Round beginning on 1 June. Negotiations on the UK's future relationship with the EU: update 28 Apr 2020 | HCWS209 The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove): Negotiators from the UK and the EU held discussions through video conferencing on 20 – 24 April 2020 for the second round of negotiations on the UK-EU future relationship. Prior to the Round both sides shared legal texts, on the basis of which there were some clarificatory discussions in order to ensure that the Round was as well prepared as possible. The UK has shared the following texts: a full draft Free Trade Agreement, and separate draft Agreements on energy, law enforcement and criminal justice cooperation, air transport, air safety, civil nuclear, and social security

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coordination. In accordance with normal negotiating practice, the Government has not made these texts public, but keeps this issue under close review and would be ready to do so at a moment when it helped the negotiating dynamics. This was a full and constructive negotiating round, with both sides adapting positively to the new remote ways of working. The round was opened by the UK’s Chief Negotiator, David Frost, and by the European Commission’s Chief Negotiator, Michel Barnier, in a plenary session on 20 April. There were then discussions across all the issues and the session closed with a further plenary on 24 April. Discussions covered all workstreams including: • Trade in Goods – market access and rules of origin, trade

remedies, customs, technical barriers to trade and SPS. • Trade in Services – Cross-border trade in services, investment,

temporary entry for business purposes, professional qualifications, professional and business services, financial services and digital.

• Fisheries – discussion on control and enforcement, conservation and sustainable exploitation, and scientific evidence.

• Transport – Aviation and aviation safety, road haulage and passenger transport.

• Energy – Civil nuclear cooperation, gas and electricity trading, climate change and carbon pricing.

• Mobility and Social Security Coordination – including the UK’s legal text on social security coordination.

• Law Enforcement and Criminal Justice– UK presentation of the UK Law Enforcement Treaty with detailed discussions on operational capabilities.

• Thematic cooperation – Covering health security; asylum and illegal migration; cyber security; and security of information.

• Participation in Union Programmes - General terms for UK participation in programmes, including provisions for financial contribution.

• So called Level Playing Field - Including subsidies, competition policy, and trade and sustainable development.

• Horizontal Issues - Governance arrangements, territorial scope. Discussions showed that there was some promising convergence in the core areas of a Free Trade Agreement, but there remain some areas where we have significant differences of principle – notably fisheries, the so-called “level playing field”, and governance and dispute settlement. Progress in these areas will require the EU to engage with the political realities of the UK as an independent state. This Government remains committed to a deal with a Free Trade Agreement at its core. We look forward to negotiating constructively in the next Round beginning 11 May.

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European Union: Future Relationship 27 Feb 2020 | 672 cc467-484 The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove): With your permission, Mr Speaker, I would like to make a statement on the Government’s approach to our future relationship with the European Union. Now that Britain has left the EU, we are entering a new chapter in the history of these islands. This Government have honoured the clearly expressed wish of the British people. Their instruction to us, their servants, to secure our departure from the EU has been followed. The votes of 17.4 million people—more than have ever voted for any democratic proposition in our history—were implemented on 31 January and we are now on a new journey. As a sovereign, self-governing, independent nation, we will have the freedom to frame our own laws, control our own borders, lower all our taxes, set our own tariffs, determine our own trade relationships, and ensure that we follow the people’s priorities on security, the economy, and democratic accountability. Over the next nine months, we will negotiate a new relationship with our friends and partners in the EU based on free trade and friendly co-operation. We have today published the approach for these negotiations, and copies of the document, “The Future Relationship with the EU”, were made available to Members in the Vote Office from 9.30 am. Talks with the EU on our future relationship begin next week. It is our aim to secure a comprehensive free trade agreement as well as agreement on questions such as fisheries, internal security and aviation. We are confident that those negotiations will lead to outcomes that work for both the UK and the EU, but this House, our European partners, and, above all, the British people should be in no doubt: at the end of the transition period on 31 December, the United Kingdom will fully recover its economic and political independence. We want the best possible trading relationship with the EU, but in pursuit of a deal, we will not trade away our sovereignty. The Government’s vision for the UK’s future relationship with the EU was outlined with crystal clarity by the Prime Minister during the general election campaign, and the election result comprehensively confirmed public support for our direction of travel. In his speech in the Painted Hall in Greenwich on 3 February, the Prime Minister laid out in detail how we will reach our destination. The first principle of our approach is that we wish to secure a relationship based on friendly co-operation between sovereign equals. We respect the EU’s sovereignty, autonomy and distinctive legal order, and we expect it to respect ours. We will not accept or agree to any obligations where our laws are aligned with the EU or the EU’s institutions, including the Court of Justice. Instead, each party will respect the other’s independence and the right to manage its own borders, immigration policy and taxes. The second and allied principle of our approach is that we will seek to emulate and build on the types of relationship that the EU already has with other independent sovereign states. We will use precedents already well established and well understood to ensure that both sides’

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sovereignty is respected. By using already existing precedents, we should be able to expedite agreement. We will seek functional arrangements that the EU will recognise from its many other relationships. Our proposal draws on existing EU agreements such as the comprehensive economic and trade agreement with Canada, the EU-Japan economic partnership agreement and the EU-South Korea free trade agreement. That approach should enable us to move swiftly towards the goal envisaged in the political declaration agreed last October, in which both sides set the aim of concluding a zero-tariff, zero-quota free trade agreement. As well as concluding a full FTA, we will require a wholly separate agreement on fisheries. We will take back control of our waters as an independent coastal state, and we will not link access to our waters to access to EU markets. Our fishing waters are our sovereign resource, and we will determine other countries’ access to our resources on our terms. We also hope to conclude an agreement on law enforcement and judicial co-operation in criminal matters, so that we can work with the EU to protect their citizens and ours from shared threats, but we will not allow our own legal order to be compromised. By taking back full control of our borders, we can implement measures to make the British people even safer, and we can tackle terrorism and organised crime even more effectively. We also wish to conclude a number of technical agreements covering aviation and civil nuclear co-operation, which will help to ensure continuity for the UK on its new footing as an independent sovereign nation. Securing agreement on all those questions should not, in principle, be difficult. We are, after all, only seeking relationships with the EU that it has with other nations—relationships that respect the interests and the sovereignty of both partners. It is in that light that we should view discussions about what has been termed the “level playing field”. It has been argued that EU demands in this area will make full agreement difficult, yet there is no intrinsic reason why requirements that both parties uphold desirable standards should prejudice any deal. The United Kingdom has a proud record when it comes to environmental enhancement, workers’ rights and social protection. In a number of key areas, we either exceed EU standards or have led the way to improve standards. On workers’ rights, for example, the UK offers a year of maternity leave, with the option to convert it to parental leave, so that both parents can share care. The EU minimum is just 14 weeks. On environmental standards, we were the first country in the world to introduce legally binding greenhouse gas emission reduction targets through the Climate Change Act 2008. We were also the first major global economy to set a legally binding target to achieve net-zero greenhouse gas emissions across the economy by 2050. We will not dilute any existing protections. Indeed, as the Environment Bill debated yesterday demonstrates, we wish to go further and faster than the EU in improving the natural environment. We do not need the EU’s permission to be a liberal nation leading the world in the fight against climate change and for social progress. That is why the UK Government seek an FTA with robust protections for the environment and labour standards, but we do not see why the test of suitability in

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those areas should be adherence to EU law and submission to EU models of governance. The EU does not apply those principles to free trade agreements with other sovereign nations, and they should not apply to a sovereign United Kingdom. Some argue that we must accept EU procedures as the benchmark because of the scale of UK trade with the EU, but the volume of UK trade with the EU is no greater than the volume of US trade with the EU, and the EU was more than willing to offer zero-tariff access to the US without the application of EU procedures to US standard setting. The EU has also argued that the UK is a unique case, owing to its geographical location, but proximity is not a determining factor in any other FTA between neighbouring states with large economies. It is not a reason for us to accept EU rules and regulations. We need only look at the United States-Mexico-Canada agreement for an example of a trade agreement that does not require regulatory alignment to one side’s rules or demand a role for one side’s court. Geography is no reason to undermine democracy. To be clear, we will not be seeking to align dynamically with EU rules on EU terms governed by EU laws and EU institutions. The British people voted to take back control, to bring power home and to have the rules governing this country made by those who are directly accountable to the people of this country, and that is what we are delivering. The negotiations are due to begin next week, led by the Prime Minister’s sherpa, David Frost, and I would like to end by looking ahead optimistically to the coming months. There is ample time during the transition period to strike the right deal for the UK. We hope to reach a broad agreement ahead of the EU Council’s high-level summit in June, whereupon we will take stock. We know that our proposals are measured and our approach is fair. We know what we want to achieve. We are ready to go, and this Government are committed to establishing a future relationship in ways that benefit the whole UK and strengthen the Union. We are committed to working with the devolved Administrations to deliver a future relationship with the EU that works for the whole UK, and I take this opportunity to reassure colleagues that our negotiation that will be undertaken without prejudice and with full respect to the Northern Ireland protocol. This Government will act in these negotiations on behalf of all of the territories for whose international relations the UK is responsible. In negotiating the future relationship between these territories and the EU, the UK Government will seek outcomes that support the territories’ security and economic interests, and reflect their unique characteristics. As the Prime Minister committed to do on Second Reading of the European Union (Withdrawal Agreement) Act 2020, we will keep Parliament fully informed about the negotiations, and colleagues will be able to scrutinise our progress. This Government are delivering on our manifesto commitments with energy and determination. This Government got Brexit done, and we will use our recovered sovereignty to be a force for good in the world

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and a fairer nation at home. We want and we will always seek the best possible relationship with our friends and allies in Europe, but we will always put the welfare of the British people first. That means ensuring the British people exercise the democratic control over our destiny for which they voted so decisively. That compact with the people is the most important deal of all, and in that spirit, I commend this statement to the House. Approach to our Future Relationship with the European Union 27 Feb 2020 | HCWS129 The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove): Today the UK Government has published a Command Paper “The Future Relationship with the European Union: the UK’s approach to negotiations”. Copies have been placed in the Libraries of the both Houses. This paper sets out our vision of the future relationship with the EU. This is based on a comprehensive Free Trade Agreement, or FTA, plus separate agreements on fisheries, law enforcement and judicial cooperation in criminal matters, aviation, energy, and others. We are seeking the type of trade agreement which the EU has already concluded in recent years with Canada and other friendly countries. Our approach is based on friendly cooperation between sovereign equals. It represents our clear and unwavering view that the UK will always have control of its own laws and political life, legal autonomy, and the right to manage its own borders, immigration policy and taxes. This Government is committed to establishing the future relationship in ways that benefit the whole of the UK and strengthen our Union. We believe that this overall approach is a fair and reasonable one. UK / EU relations 3 Feb 2020 | HCWS86 The Prime Minister (Boris Johnson): This statement sets out the Government’s proposed approach to the negotiations with the EU about our future relationship. Further details on this and other trade negotiations will be made available to Parliament as the process develops. The Government wishes to see a future relationship based on friendly cooperation between sovereign equals for the benefit of all our peoples. There is complete certainty that at the end of 2020 the process of transition to that relationship will be complete and that the UK will have recovered in full its economic and political independence. The Government remains committed in all circumstances to securing all those benefits for the whole of the UK and to strengthening our Union. The question for the rest of 2020 is whether the UK and the EU can agree a deeper trading relationship on the lines of the free trade

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agreement the EU has with Canada, or whether the relationship will be based simply on the Withdrawal Agreement deal agreed in October 2019, including the Protocol on Ireland / Northern Ireland. In either event the UK will be leaving the single market and the customs union at the end of this year and stakeholders should prepare for that reality. The Government will work hard to achieve a balanced agreement that is in the interests of both sides, reflecting the wide range of shared interests. Any agreement must respect the sovereignty of both parties and the autonomy of our legal orders. It cannot therefore include any regulatory alignment, any jurisdiction for the CJEU over the UK’s laws, or any supranational control in any area, including the UK’s borders and immigration policy. This points to a suite of agreements of which the main elements would be a comprehensive free trade agreement covering substantially all trade, an agreement on fisheries, and an agreement to cooperate in the area of internal security, together with a number of more technical agreements covering areas such as aviation or civil nuclear cooperation. These should all have governance and dispute settlement arrangements appropriate to a relationship of sovereign equals. Future cooperation in other areas does not need to be managed through an international Treaty, still less through shared institutions. The UK will in future develop separate and independent policies in areas such as (but not limited to) the points-based immigration system, competition and subsidy policy, the environment, social policy, procurement, and data protection, maintaining high standards as we do so. Cooperation on foreign affairs and related issues is of course likely to be substantial, but does not in itself require a joint institutional framework. In its negotiations with the EU, the Government will be acting on behalf of the UK Crown Dependencies and Overseas Territories: the whole UK family. The UK proposes to agree similar arrangements with the EFTA states. Further information is set out below. Unless otherwise stated, it should be assumed that the UK’s aspiration and level of ambition is to reach agreement on provisions which are at least as good as those in the EU’s recent trade agreements, such as those with Canada or Japan. 1. Free Trade Agreement

A free trade agreement between the UK and EU should reflect, and develop where necessary, existing international best practice as set out, inter alia, in FTAs already agreed by the EU. It should cover the following areas: National Treatment and Market Access for Goods There should be no tariffs, fees, charges or quantitative restrictions between the UK and the EU. There should be a protocol setting out

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appropriate and modern rules of origin, in order to facilitate trade between the parties to the greatest extent possible. Trade Remedies The agreement should enable the UK to protect its industry from harm caused by unexpected surges in imports of goods or by unfair trading practices, while making the appropriate commitments to transparency, due process and proportionate use of trade remedies. Technical Barriers to Trade There should be provisions to address regulatory barriers to trade in goods, providing for cooperation on technical regulation, standards, conformity assessment procedures and market surveillance, building on the WTO Technical Barriers to Trade Agreement. Annexes to the agreement could include provisions facilitating trade in specific sectors, such as organic products, motor vehicles, chemicals and pharmaceuticals, as well as mutual recognition agreements focusing on conformity assessment, with full coverage of the relevant sectors. Sanitary and Phytosanitary Measures The UK will maintain its own autonomous sanitary and phytosanitary (SPS) regime to protect human, animal and plant life and health and the environment, reflecting its existing high standards. In certain areas it may be possible to agree equivalence provisions to reduce practical barriers to trade at the border. Customs and Trade Facilitation Facilitative customs arrangements, covering all trade in goods, should be put in place in order to smooth trade between the UK and the EU. These should ensure that both customs authorities are able to protect their regulatory, security and financial interests. Cross-Border Trade in Services and Investment Significant provisions on trade in services are an essential component of a comprehensive FTA. Accordingly, the Agreement should include measures to minimise barriers to the cross-border supply of services and investment, on the basis of each side’s commitments in existing FTAs. In areas of key interest, such as professional and business services, there may be scope to go beyond these commitments. There should be measures to support digital trade, building on the most recent precedents. Temporary Entry for Business Purposes (Mode 4) As is normal in a Free Trade Agreement, the agreement should include significant reciprocal commitments on the temporary entry and stay of individuals, so that both EU and UK nationals can undertake short-term business trips to supply services. This is of

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course without prejudice to the future points-based immigration system. Regulatory Framework There should be measures that reduce unnecessary barriers to trade in services, streamlining practical processes and providing for appropriate regulatory cooperation. Mutual Recognition of Professional Qualifications The Agreement should provide a pathway for the mutual recognition of UK and EU qualifications, underpinned by regulatory cooperation, so that qualification requirements do not become an unnecessary barrier to trade. Financial Services The Agreement should require both sides to provide a predictable, transparent, and business-friendly environment for financial services firms, ensuring financial stability and providing certainty for both business and regulatory authorities, and with obligations on market access and fair competition. Given the depth of the relationship in this area, there should also be enhanced provision for regulatory and supervisory cooperation arrangements with the EU, and for the structured withdrawal of equivalence findings. Road Transport There should be reciprocal commitments to allow EU and UK road transport operators to provide services to, from and through each other's territories, with associated rights, underpinned by relevant international agreements and commitments, and ensuring the necessary cooperation on monitoring and enforcement. Competition Policy, Subsidies, Environment and Climate, Labour, Tax The Government will not agree to measures in these areas which go beyond those typically included in a comprehensive free trade agreement. The Government believes therefore that both Parties should recognise their respective commitments to maintaining high standards in these areas; confirm that they will uphold their international obligations; and agree to avoid using measures in these areas to distort trade.

2. Agreement on Fisheries

The UK will become an independent coastal state at the end of 2020 and any agreement must reflect this reality. The UK will, like Norway, Iceland and the Faroe Islands, have annual negotiations with the EU on access to waters and fishing opportunities, and will consider a mechanism for cooperation on fisheries matters.

3. Agreement on Internal Security Cooperation

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Protection of citizens is the highest duty of any Government. The UK believes it is in the UK’s and EU’s mutual interest to reach a pragmatic agreement to provide a framework for law enforcement and judicial cooperation in criminal matters between the UK and the EU, delivering strong operational capabilities that help protect the public. The detail of such an agreement must be consistent with the Government’s position that the CJEU and the EU legal order must not constrain the autonomy of the UK's legal system in any way.

4. Other Areas of Cooperation

The Government believes there is mutual benefit in an air transport agreement covering market access for air services, aviation safety and security, and collaboration on air traffic management. The UK is ready to work to establish practical provisions to facilitate smooth border crossing arrangements, as part of independent border and immigration systems, and on social security coordination. All such arrangements should be reciprocal and of mutual benefit. The UK is ready to discuss cooperation on asylum, including family reunion, and illegal migration. The UK is ready to consider participation in certain EU programmes, once the EU has agreed the baseline in its 2021-2027 Multiannual Financial Framework, and taking into account the overall value to the UK of doing so. Finally, there are certain areas where the UK considers agreement is self-evidently in the interest of both sides, and where early progress is a test of the constructive nature of the negotiating process. For example, there should be rapid agreement that the UK and the EU would list each other for trade in live animals, animal products, seeds and other plant-propagating material. There should be rapid progress towards a Civil Nuclear Agreement, given the implications for both sides of not doing so and the clear benefits of cooperation. Similarly, the UK would see the EU’s assessment processes on financial services equivalence and data adequacy as technical and confirmatory of the reality that the UK will be operating exactly the same regulatory frameworks as the EU at the point of exit. The UK intends to approach its own technical assessment processes in this spirit.

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4.2 Urgent Question Future Relationship with the EU: Negotiations 19 May 2020 | House of Commons | 676 cc502-512 Urgent question on the third round of the negotiations on the UK's future relationship with the EU.

4.3 Debates on select committee reports Beyond Brexit (European Union Committee Report) 12 May 2020 | House of Lords | 803 cc619-658 Lords motion to consider the thirty-fifth report of the European Union Committee on Beyond Brexit: How to Win Friends and Influence People (HL 322). Agreed to on question. European Union: Negotiations (European Union Committee Report) 16 Mar 2020 | House of Lords | 802 cc1281-1347 Lords motion that this House agrees with the conclusion of the European Union Select Committee, that the Council Decision authorising the opening of negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland, published in draft on 3 February 2020, and adopted in amended form by the General Affairs Council on 25 February 2020, raises matters of vital national interest to the United Kingdom. Amendment to the motion withdrawn. Original motion agreed to on question.

4.4 Select Committee oral evidence sessions House of Commons: Progress of the negotiations on the UK’s Future Relationship with the EU. 27 May 2020 | Future Relationship with the European Union Select Committee When available, a full transcript of this evidence session will be available on the Committee’s publications page; meanwhile you can watch the session on Parliamentlive.tv. Progress of the negotiations on the UK’s Future Relationship with the EU. 27 Apr 2020 | Future Relationship with the European Union Select Committee | HC 203 2019-21 Progress of the negotiations on the UK's future relationship with the EU. 17 Mar 2020 | Future Relationship with the European Union Select Committee HC 203 2019-21

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Progress of the negotiations on the UK's future relationship with the EU. 11 Mar 2020 | Future Relationship with the European Union Select Committee | HC 203 2019-21 House of Lords: Progress of UK-EU future relationship negotiations 28 May 2020 | Select Committee on the European Union When available, a full transcript of this evidence session will be available on the Committee’s publications page; meanwhile you can watch the session on Parliamentlive.tv. Progress of UK-EU future relationship negotiations 05 May 2020 | Select Committee on the European Union

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5. Further reading Commons Library briefing papers Fisheries: UK-EU future relationship negotiations, CBP-8927, 28 May 2020 The UK-EU future relationship: the March 2020 EU draft treaty and negotiations update, CBP-8923, 27 May 2020 The UK-EU future relationship negotiations: Transport, CBP-8832, 26 May 2020 The UK-EU future relationship negotiations: summary of positions, CBP-8920, 20 May 2020 Select Committee reports The EU’s mandate for negotiating a new partnership with the UK: outcome of Select Committee consultation, European Scrutiny Committee, 6 May 2020 The EU’s mandate for negotiating a new partnership with the UK: outcome of Select Committee consultation, Fifth Report of Session 2019–21, European Scrutiny Committee, HC 333, 30 April 2020 Report pursuant to section 29 of the European Union (Withdrawal Agreement) Act 2020: Council Decision authorising the opening of negotiations with the United Kingdom of Great Britain and Northern Ireland for a new partnership agreement, 8th Report of Session 2019–21, European Union Committee, HL Paper 32, 5 March 2020 UK Government paper The Future Relationship with the EU: The UK’s Approach to Negotiations, HM Government CP211, February 2020 EU publication ANNEX to COUNCIL DECISION authorising the opening of negotiations with the United Kingdom of Great Britain and Northern Ireland for a new partnership agreement, Council of the European Union, 25 February 2020

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DEBATE PACK Number CDP-0073 (2020) 1 June 2020

About the Library The House of Commons Library research service provides MPs and their staff with the impartial briefing and evidence base they need to do their work in scrutinising Government, proposing legislation, and supporting constituents.

As well as providing MPs with a confidential service we publish open briefing papers, which are available on the Parliament website.

Every effort is made to ensure that the information contained in these publicly available research briefings is correct at the time of publication. Readers should be aware however that briefings are not necessarily updated or otherwise amended to reflect subsequent changes.

If you have any comments on our briefings please email [email protected]. Authors are available to discuss the content of this briefing only with Members and their staff.

If you have any general questions about the work of the House of Commons you can email [email protected].

Disclaimer This information is provided to Members of Parliament in support of their parliamentary duties. It is a general briefing only and should not be relied on as a substitute for specific advice. The House of Commons or the author(s) shall not be liable for any errors or omissions, or for any loss or damage of any kind arising from its use, and may remove, vary or amend any information at any time without prior notice.

The House of Commons accepts no responsibility for any references or links to, or the content of, information maintained by third parties. This information is provided subject to the conditions of the Open Parliament Licence.