Oral Answers to Questions

Tom Brake Excerpts

Thursday 27th April 2017 Commons Chamber

[Mr Walker]

We recognise the importance of regulatory oversight and mutual regulatory understanding as we move towards a comprehensive trade agreement with the European Union. One thing I have learned while doing this job is the huge respect in which UK regulators are held around the whole of Europe. I think we have some of the best financial regulators in the world.

[Tom Brake (Carshalton and Wallington) (LD)]

What assessment has the Minister been able to make of the loss of the European Banking Authority and the impact that it might have on the financial services sector?

[Mr Walker]

The future of European agencies is of course a subject for the negotiations to come, but I have no doubt that the UK will continue to be a global centre both for financial services and for leading the conversation about the regulation of financial services in the years to come.

Oral Answers to Questions

Tom Brake Excerpts

Thursday 9th March 2017 Commons Chamber

[Mr Walker]

As we have said, we have not made the final decisions about repatriation. That is something we will want to discuss with the devolved Administrations, as I think the Welsh Government have suggested. The Treasury has already made important guarantees that cover devolved Administrations as well as Government Departments.

[Tom Brake (Carshalton and Wallington) (LD)]

In devising plans for Brexit and involving the devolved Administrations, Ministers will have drawn on the advice of a large number of UK and foreign consultancy firms such as Accenture. The Press Association and others want to know how much this has cost. Will the Minister confirm the spend to date on the likes of Accenture, PwC, City legal firms and others in supporting the Government on Brexit?

[Mr Walker]

I am sure all that type of information will be disclosed in the usual way when the Department reports its accounts.

European Union (Notification of Withdrawal) Bill

Tom Brake Excerpts

3rd reading: House of Commons & Committee: 3rd sitting: House of Commons & Report stage: House of Commons
Wednesday 8th February 2017 Commons Chamber

[Caroline Lucas]

I am pleased to follow the hon. Member for Fareham (Suella Fernandes), not least because I would like to disagree with several of the points she made—I am sure she will not find that surprising. She says that she finds the Prime Minister’s attitude to EU nationals “appropriate”. I find it deeply inappropriate, and so do the EU nationals themselves, who simply want certainty about their future in this country. The Prime Minister’s refusal to guarantee that now, when she has the ability to do so, is cruel and, frankly, immoral. We are talking about people’s lives, which are not commodities to be traded in some wider bargain. The Prime Minister could and should guarantee to people who have made their lives here in good faith that of course they can stay. The idea that it is appropriate to do otherwise is out of order.

[Tom Brake (Carshalton and Wallington) (LD)]

Is the hon. Lady aware, as I am, of EU nationals holding senior positions in UK institutions already leaving the country and of EU nationals being interviewed for senior positions but asking searching questions about what Brexit means for them and their families?

[Caroline Lucas]

I completely agree. I was talking to the vice-chancellor of one of the universities in my constituency the other day and hearing that already staff were wondering about their future and whether it was worth leaving. Some of them feel unwanted, despite having made a massive contribution to our society and communities. That is why, again, I think that the Government’s attitude is incredibly irresponsible.

I want to talk in particular about my amendment 38 on the environment. I am so pleased that we have at least a few moments to talk about the impact of Brexit on our wider environment and on sustainability. So many of us have been trying to raise these issues for a long time, because they are massively significant, and I know that the Chair of the Environmental Audit Committee was waiting hopefully yesterday to make some interventions, based on some of the evidence that we heard in that Committee about the environmental impacts of Brexit. They are deeply worrying, and I would particularly like to focus on the issue of the monitoring and enforcement of environmental legislation once we leave the EU.

Exiting the EU: New Partnership

Tom Brake Excerpts

Thursday 2nd February 2017 Commons Chamber

[Mr Davis]

I agree with him entirely on both counts.

[Tom Brake (Carshalton and Wallington) (LD)]

Does the Secretary of State accept that the best way to continue the benefits of the common systems and frameworks that enable UK and EU businesses to trade would be to stay in the single market and rejoin the European Free Trade Association? Does he also accept that, for UK businesses to have continued access to the single market, there will need to be mechanisms to ensure that UK regulations do not diverge from EU regulations? Can he explain what happens to sovereignty then?

[Mr Davis]

The answer to the right hon. Gentleman’s first question is no, because, again, membership of EFTA would put us within the reach of European regulations and the European Courts. Frankly, that would take away what influence we do have. We have laid out in the White Paper what is the best relationship, which is a customs agreement and a free trade agreement. Bear in mind that we are starting from a position of identity. He makes a good point about maintaining that identity, and we will publish proposals on that in due course, but this is what we are going to do. It is perfectly possible to go the route I am talking about without rejecting the decision of the British people on 23 June last year.

European Union (Notification of Withdrawal) Bill

Tom Brake Excerpts

2nd reading: House of Commons
Wednesday 1st February 2017 Commons Chamber

[Tom Brake (Carshalton and Wallington) (LD)]

Thank you, Madam Deputy Speaker—perfect timing.

I hope that I am wrong, but I believe that the decision that the country took on 23 June will result in the biggest self-inflicted wound since our disastrous intervention in Iraq. That wound is festering and it will leave the UK permanently economically weaker, even after it has healed. I believe that, when Members of Parliament believe that a course of action is going to be a catastrophe, they have a duty to harry, assail and oppose the Government, not to acquiesce.

I respect those who voted to leave. They had, and have, genuine grievances about a lack of jobs or education prospects, and concerns about the changes they see in our society, including concerns about immigration. The Brexiteers claimed that leaving the EU would address those concerns by stopping the cancellation of urgent hospital operations—paid for, presumably, by the tsunami of cash that was going to come to the NHS post-Brexit—improving teacher shortages in our schools and boosting housing supply. It will not do any of those things. In fact, it will make them worse. I doubt that even the leave campaign’s most prominent pledge, to reduce immigration substantially, will be achieved. Why would it be? After all, the Prime Minister has spent many years seeking to reduce the level of non-EU immigration, and nothing changed there.

What leaving the EU will do with certainty is diminish us as a nation and reduce our influence and international standing. That has already happened. Brexit has forced our Prime Minister, a born-again hard-line Brexiteer, to line up with Trump—indeed, to walk hand in hand with him. While European leaders and Canada condemned his Muslim ban, our Prime Minister’s initial response was to say, “Not my business.” Worse, she immediately offered him, with indecent haste, a state visit—far quicker than any other US President—which I am sure had absolutely nothing to do with her desperation to secure a trade deal, any deal, with the protectionist Trump.

In “The Art of the Deal”, Trump says:

“The worst of times often create the best opportunities to make good deals.”

To translate that for Conservative Members, the worst of times for the UK create the best opportunity for a good deal for the US.

Jobs are at risk. Six months after the vote, there is still no analysis of how many jobs will be lost after we come out of the single market.

[David T. C. Davies]

Will the right hon. Gentleman give way?

[Tom Brake]

I will not give way.

The Liberal Democrat position is very clear: the people voted for departure, not the destination. Now the Government must give them a chance to vote on the destination. If that guarantee were forthcoming tonight, I would vote with the Government.

European Union (Notification of Withdrawal) Bill

Tom Brake Excerpts

Tuesday 31st January 2017 Commons Chamber

[Mr Davis]

My hon. Friend is exactly right. I said last week that I view the terms hard Brexit and soft Brexit as propaganda.

[Tom Brake (Carshalton and Wallington) (LD)]

Does the right hon. Gentleman agree that the people need to be better informed about the impact of Brexit? At what point are the Government going to publish their analysis of the impact on jobs of our leaving the single market?

[Mr Davis]

The assertions that people like the right hon. Gentleman made in the run-up to the referendum have turned out to be universally untrue so far, so I do not think he is in a position to lecture us on this matter.

I turn now to the reasoned amendment tabled by the Member for Moray (Angus Robertson). As I have already said, the Bill simply seeks to deliver the outcome of the referendum, a decision the people of the UK have already made. They will view dimly any attempt to halt its progress. The Supreme Court’s judgment last week made it clear that foreign affairs are reserved to the UK Government. The devolved legislatures do not have a veto on the UK’s decision to withdraw from the European Union. However, that does not mean we have not paid a great deal of attention to them. We have consistently engaged with the devolved Administrations through the Joint Ministerial Committee on European Negotiations and the Joint Ministerial Committee plenary. The latter met yesterday in Cardiff, and the meeting was attended by the First Ministers of all the devolved Administrations. In addition, and independent of those meetings, I have had bilateral meetings with the devolved Administrations, and there have been 79 official-level meetings to discuss the interests of each of the devolved Administrations.

Article 50

Tom Brake Excerpts

Tuesday 24th January 2017 Commons Chamber

[Mr Davis]

As ever, my hon. Friend speaks for England.

[Tom Brake (Carshalton and Wallington) (LD)]

We are all trying to get the best deal for our constituents. That is why the Liberal Democrats will seek to amend the article 50 Bill to give people their first say on the terms of the UK’s future relationship with the European Union, and on Government plans to crash out of the single market and the customs union, inflicting huge damage on families and businesses up and down the country. Why do the Government not take this opportunity to boost their democratic credentials and simply agree to such a popular vote?

[Mr Davis]

I would ask the right hon. Gentleman to exercise his brain on this matter. The consequence of putting a second referendum at the end of the negotiation is to invite every single member of the European Union who does not want us to leave to propose the worst possible deal, in the hope that we will change our mind. We are not going to do that.

The Government's Plan for Brexit

Tom Brake Excerpts

Wednesday 7th December 2016 Commons Chamber

[Tom Brake (Carshalton and Wallington) (LD)]

The hon. Member for Harwich and North Essex (Mr Jenkin) asked what kind of judiciary we want. Well, we want a judiciary that is independent and will not be brow-beaten by the likes of the Daily Mail.

We should thank Labour for initiating this debate today. When the Leader of the House, standing in at Prime Minister’s questions, was asked about this, he took credit on behalf of the Government for the debate taking place today. The Government cannot share the credit for this debate, although they should, of course, have initiated such a debate in their own time.

Labour may take some satisfaction from securing from the Prime Minister a promise to publish a rather sketchy plan before article 50 is invoked, but in the words of the hon. Member for North East Somerset (Mr Rees-Mogg), this is thin gruel. How many hours before article 50 is invoked will the plan be published? Will there be any time to debate it, challenge the Government on it or vote on it? Will the plan be a White Paper or a Green Paper? Will it amount to anything more than “Brexit means Brexit”, “no running commentary” and now “a red, white and blue Brexit”, another meaningless phrase to add to the lexicon of Brexit platitudes that masquerade as policy?

Where is the guarantee that the people will be able to vote on the destination as well as the departure? The right hon. Member for Chingford and Woodford Green (Mr Duncan Smith) said in his speech earlier that destination and departure are the same thing. I do not know about him, but when I catch a train, I do not arrive at the same place at the end of my journey. Why do people need a vote on the destination as well as on the departure? Because whatever rough outline of a deal the Government manage to secure towards the end of the two years of negotiations after article 50 has been invoked, we can be certain that a majority will not be happy. The 48% clearly will not be happy; what of the 52%?

[John Redwood]

Has the right hon. Gentleman taken the trouble to listen to the statements, to come to the several debates that the Government have put on and to read the Prime Minister’s very full speech on the subject at the party conference and all the other statements that made it very clear what our negotiating aim is—good access to the single market and the freedom of this country back again.

[Tom Brake]

No doubt that is the position that the right hon. Gentleman has adopted today, and he may have done so consistently over a number of months, but there are many others here in very senior positions who adopt a different position on a daily basis.

[James Heappey (Wells) (Con)]

Will the right hon. Gentleman give way?

[Tom Brake]

No. I will continue because I know that others who have been waiting a very long time also want to speak in the debate.

How many of the 52% will be happy if, for instance, the Government secure a deal that requires the UK to pay a substantial amount to the EU budget—not just the relatively small sums that might be required to stay in, for instance, Erasmus or Horizon 2020, but the larger amounts that might be required to secure privileged access to the single market? That is why the Government are going to need public support on this issue, and that is why the Liberal Democrats have tabled an amendment that would allow people to have a say on the final deal.

As I stated, there is no indication of what the plan will actually include, yet we as Members of Parliament are expected to bind ourselves to triggering article 50, no matter what, at an arbitrary date. The High Court has made it clear that Parliament must have a proper role in this process, and that does not mean signing away any right to scrutiny in exchange for the shallowest of promises from a Government that cannot hack any questioning of their motives, strategy or direction. We will not allow ourselves to be bullied into this, and all Opposition parties—and some Members, I hope, on the Government Benches—should resist that. The Liberal Democrats will vote against the Government amendment and the motion, if amended. We cannot support a parliamentary stitch-up that would deny the people a vote on the final deal and straitjacket Members of Parliament in an arbitrary timetable.

I call on the Labour party to remember that it is the official Opposition; it should not cave in to Conservative attempts to deny the public a final say on the most important question facing the country in a generation—it should not be muzzled. It is now clear that the Liberal Democrats are the real Opposition to the Conservative Brexit Government. We are striving to keep Britain open, tolerant and united.

Oral Answers to Questions

Tom Brake Excerpts

Thursday 20th October 2016 Commons Chamber

[Mr Walker]

The Government are firmly committed to improving the UK’s air quality and cutting harmful emissions. That is why we have committed more than £2 billion since 2011 to increase the uptake of ultra-low emission vehicles, to support greener transport schemes and to set out a national plan to tackle pollution in our towns and cities.

[Tom Brake (Carshalton and Wallington) (LD)]

I have visited the Institute of Cancer Research. It wants to develop a London cancer hub, which I hope the Government will support, and, if that development happens, it expects to be able to develop two new cancer drugs in five years. One of its concerns is that 30% of its postgraduates come from the European Union. What guarantees can the Minister give that these essential London workers will be able to continue in post, and indeed that the institute will be able to recruit from the EU in the future?

[Mr Walker]

I refer the right hon. Gentleman to my earlier answer to the Chair of the Science and Technology Committee. We want to continue to attract the brightest and the best, and we will certainly make sure—I have already engaged with cancer charities and a wide range of voluntary organisations—that we take concerns into account as we have conversations with the Home Office and other Departments about the UK’s future immigration policy.

EU Referendum Rules

Tom Brake Excerpts

Monday 5th September 2016 Westminster Hall

[John Penrose]

I completely agree. The outcome, although definitive—there was an overall majority of well more than 1 million votes—was still uncomfortably narrow, and 48% of the population were on one side. Democratically, we therefore need to go through a healing process as an entire country to repair that damage, but wishing that it were otherwise will not change the historical fact of the result and the fact that the rules were as fair as Parliament could make them after extensive debate.

The referendum, with those rules, was intended to put the question of our EU membership to rest once and for all. If it had been an unfair referendum and the rules had been slanted in one direction or the other, it would have completely failed in that central aim. Far from drawing a line under the issue forever, we would have faced a “neverendum,” with both sides banging on about Europe for decades. I doubt that anyone could invent something more divisive, distracting or, frankly, soul-destroyingly boring if they tried.

[Tom Brake (Carshalton and Wallington) (LD)]

Will the hon. Gentleman give way?

[Mr David Lammy (Tottenham) (Lab)]

Will the hon. Gentleman give way?

--- Later in debate ---

[Tom Brake]

I thank the hon. Gentleman. Does he think that the outcome of the referendum will ensure that people do not bang on about Europe for the next five or 10 years?

[John Penrose]

I will respond merely by saying that I hope that the period of banging on about Europe will be much shorter than it would be if we had more referendums about it in the future. I had thought that the right hon. Member for Tottenham (Mr Lammy) wanted to intervene—[Interruption.] Clearly there were two minds with but a single thought.

The danger of requiring a super-majority is that it would be seen as a coded attempt by disappointed pro-Europeans to rerun the original referendum because they did not like the result. I supported the remain campaign, but even I think that a rerun would be a huge mistake. Whichever side we were on at the time, I hope that all of us here are democrats first, last and always.

[John Penrose]

I completely agree. Every time either the Lib Dems or the Labour party win a local council by-election, I am convinced that everyone has taken leave of their senses, but as a democrat I respect the result and accept it. I am sure everyone here would do the same, no matter which side of a particular debate they are on.

[Tom Brake]

I wonder whether the hon. Gentleman would like to respond—perhaps this is not for this debate but for another—to the emails that we have all had from people who have called for an independent body to assess the claims made during the course of a referendum campaign. Would he support that?

[John Penrose]

I worry about such proposals, because they could create a vehicle for making vexatious claims during a campaign as a way of trying to smear the opposition, whether they were making legitimate or illegitimate comments. The whole point about democratic campaigning in any election, as we all know well, is that if someone says something that we regard as an egregious slur on us, or our party, or on reality—it does not matter—the answer is not to run to the lawyers but to get out there and explain to the voters why what has been said is entirely wrong.

The country has voted to leave the EU. Whether we in this room individually agree with it or not, the decision has been made. If we now decide that we will not leave after all, and that we will hold another referendum instead, the outrage at an out-of-touch political class, deaf to the desire of the people who elected them, will be absolutely shattering.

--- Later in debate ---

[Mr Lammy]

I am not going to give way, because I think I should make progress.

I have described the scale of the challenge for Parliament, and the truth is that if we are doing that we will not be doing other things.

[Tom Brake]

Will the right hon. Gentleman give way?

[Mr Lammy]

I have said that I should make some progress. Others have got to get in to make important contributions.

The other point is that uncertainty is bad for business and our economy. Last week a survey by Lloyds found that business confidence has dropped to its lowest level since December 2011. Uncertainty in Government is also bad news. If the whole of Whitehall is focused on trying to work out Brexit and then on trying to deliver it, where will the capacity be to tackle many other urgent issues that the country faces—the crisis in the NHS, youth unemployment, infrastructure and the rebalancing of the economy? Last week massive cuts to apprenticeships were announced. We need working-class young people to move into apprenticeships. How are we going to achieve those things when every Department is consumed with the subject of Brexit?

I am here on behalf of my constituents, and that is why I am very clear about the issue. Ordinary working people on low incomes will suffer the most in the man-made recession to come. As always, people who are living pay cheque to pay cheque, just about keeping their heads above water and making ends meet in insecure jobs will bear the brunt of any economic downturn. When unemployment rises tax receipts will fall. NHS spending, wages and investment will fall, and after years of austerity the Government will not have the money for a fiscal stimulus, or to provide a proper welfare safety net. People have been talking about agricultural areas. In counties such as Norfolk, which relied on EU subsidies, some people have been asking “Are we still going to get the EU subsidies?”

--- Later in debate ---

[Tom Brake (Carshalton and Wallington) (LD)]

I start by picking up on a couple of points made by the right hon. Member for Tottenham (Mr Lammy). He referred to apprenticeship cuts, and I think issues about apprenticeships and training drove many people in the north, for instance, to vote for Brexit. The fact that the Government are now cutting apprenticeships funding will exacerbate the problem.

The right hon. Gentleman also referred to legislation. I wonder whether he would like to speculate on whether, in practice, when Ministers are presented with the opportunity to delete, I think, 7,000 pieces of EU-related legislation, they will actually want to do that in preference to promoting whatever the key project within their Department is, whether that is reforming the health service or education reforms. I suspect that the legislation is going to sit there for a very long time, because Ministers will have no interest whatsoever in getting rid of it.

To come to the subject—I am sure you will not allow me to deviate for much longer, Mr Gray—I congratulate the hon. Member for Weston-super-Mare (John Penrose) on focusing exclusively on the subject of the petition. I will do so perhaps slightly more loosely than him, but I will focus on the issue of the second referendum.

I agree with the hon. Gentleman that there is a strong case for a debate about what could happen in future referendums if there is not a strong majority for constitutional change or a significant turnout. We could look at that matter again. The issue before us today, however, is whether there should be a second referendum following the one that has just taken place. My starting point is that there should not be a second referendum simply for the purpose of overturning that referendum, notwithstanding the fact that, I am afraid, I think the leave campaign lied blatantly throughout the campaign. I accept that the remain campaign perhaps also over-egged the pudding with some claims that were made, but the leave campaign lied particularly on the issue of the NHS, with the pledge of £350 million per week for the NHS when we left the European Union. I wrote to the Secretary of State for Health about that and got a response from the Minister of State, the hon. Member for Ludlow (Mr Dunne), who said:

“Firstly, neither the Department nor its Ministers were involved in making or endorsing the statement that additional funding would go towards the NHS if the UK were to leave the EU.”

So if anyone was in any doubt, the Department of Health has made it clear that it is not expecting to get any more money as a result of our departure from the EU.

[Kwasi Kwarteng]

For the sake of fairness, I think we should say that there were outrageous claims from both sides, and I want to spell them out for the record. A punishment Budget—the most restrictive Budget since 1936— did not happen as a consequence of us voting to leave. I am also still waiting for house prices in London to fall by 20% so that I can actually buy a property.

[Tom Brake]

I say to the hon. Gentleman that we are only two months away from the referendum having taken place. Rather than saying everything is hunky-dory, he might want to wait a little bit longer to see whether everything is going according to his plan.

I do not believe that there should be an immediate second referendum, because I do not think we can have a never-ending referendum, as the hon. Member for Weston-super-Mare said. However, as the right hon. Member for Tottenham indicated, we must consider what will happen once article 50 has been triggered and the UK Government have spent up to two years identifying what they want to secure from the European Union on trade and other aspects of the negotiations. I imagine that the end of that process will probably be in about three years’ time, because I do not think the Prime Minister will invoke article 50 at the beginning of next year. It will possibly be mid-year, or even towards the end of next year. Two years from then and three years from now, once the Government have identified what they are seeking to secure from the EU, I would be very surprised if the British public did not feel that there was a need for them to have their say on the outcome of those negotiations before the two-year period was exhausted and the UK exited the European Union.

On the subject of article 50, I was surprised that for the people on the Brexit side who campaigned so heavily for sovereignty during the campaign—sovereignty was apparently key to many of their concerns—all of a sudden sovereignty was not such a big issue after all when Parliament asked to be given the sovereign right to debate and vote on triggering article 50. I ask them to check whether they are being entirely consistent in the arguments they are deploying. We should be allowed not only to debate article 50, as has been suggested, but to vote on it. My personal position is that article 50 goes hand in hand with Brexit. Having accepted the vote, I would find it difficult to try to block article 50, because the two things are connected. We cannot vote to leave and then try to block article 50—those things are, in effect, a package.

There will be protracted negotiations. Incidentally, I hoped that we would hear something during the first statement from the Secretary of State for Exiting the European Union about what he has been able to negotiate over the summer holidays. I had to leave his statement to get here, but 15 minutes in, we were still at the level of platitudes. There was absolutely no substance whatsoever to the statement that he was delivering. I do not know what he has done for the past two months—maybe he went off and had a long holiday—but certainly he has not been focusing on what Brexit means. We know that Brexit means Brexit, but that is a completely vacuous statement.

I hope that I have kept to the subject, Mr Gray, which is the issue of a second referendum. If the UK Government have secured in their discussions with the EU substantial protection of the rights of EU and UK citizens whose position is completely unclear and who want clarity; if they have secured substantial freedom of movement and the continuation of the UK in the single market; if they have maintained the environmental standards that the EU has, in some cases, enforced in the UK; if law enforcement and judicial co-operation continue as they are currently maintained at an EU level—the Secretary of State said in his statement that the Government wanted to expand on that area, which is welcome; if we have secured the protection of Erasmus; and if the travel and tourism benefits we derive from being in the European Union and the rights of the City are maintained, I am confident that if that package were put to a second referendum about three years from now, the British people would feel it was one of substance and one they would be willing to support.