European Union (Withdrawal) Bill

Tom Brake Excerpts

Thursday 7th September 2017 Commons Chamber

[Mr Davis]

In a moment.

These powers allow Ministers to make those changes to ensure that the statute book works on day one. This will be a major shared undertaking across the United Kingdom.

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

rose—

[Stephen Timms (East Ham) (Lab)]

rose—

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[Mr Davis]

If the hon. Gentleman will be patient, I will come later in my speech to the detail of that and how that process will work.

[Tom Brake]

Will the Secretary of State take this opportunity to confirm that the Government will not use this Bill to make policy changes?

[Mr Davis]

Again, I will go into that in some detail. There is one exception to this, but the primary aim behind the Bill is to maintain policy as it is now. The only exception to that is under the withdrawal arrangements, and that will be time-determined and limited. I will detail that in a second.

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

There were some excellent speeches after the Secretary of State’s. Things went slightly downhill after that but things started to look up with the maiden speech by the hon. Member for Canterbury (Rosie Duffield). I have just one slight criticism: she did not mention Barham in her list of villages, which is one I know very well. I thank the right hon. and learned Member for Beaconsfield (Mr Grieve) for his speech and his reference to the monstrosity that is this Bill.

The Liberal Democrats believe that Parliament must be given comprehensive sovereignty and scrutiny over this process. This opinion is widely supported, not just by many Members on both sides of this House but by organisations such as the Law Society, which states that the Bill

“must respect parliament’s role in making and approving changes to UK law”.

Parliament must drive the future of the United Kingdom and of Brexit, not Ministers using Executive—indeed dictatorial—powers to exercise total control over the legislative process. The Government’s decision to provide just two days for Second Reading means that Members will have just five minutes in which to make their points and eight days in Committee for a Bill that unravels 40 years of closer EU co-operation, shows the extent to which Parliament is held in contempt by Ministers.

The Secretary of State and other Ministers might be quick to dismiss Lib Dem criticism of the Bill, but before they do I would encourage them to think back to 2008 and the by-election triggered by the Secretary of State, the catalyst for which was Labour’s highly illiberal plan to increase pre-charge detention from 28 to 42 days. A build-up of attacks on our civil liberties led him along that by-election path and there is a widely held view, which I share, that this Bill represents a major attack on parliamentary sovereignty and therefore a present and future risk to our civil liberties. I am not alone. A legal expert at Bryan Cave, commenting on the Bill, said that it will give

“powers allowing ministers to fast-track the implementation of certain EU laws into domestic law through regulations without parliamentary debate.”

Liberty’s analysis is that the Bill

“could be used by Ministers to ride roughshod over UK citizens’ human rights”

leaving

“gaping holes where our rights should be.”

There are similar concerns from the Fawcett Society that the Bill could be used to alter UK laws on equality and human rights without parliamentary scrutiny.

Indeed, some Government Members, if they pride themselves on holding consistent views, should also be alarmed. Thirteen Government Members and five from these Benches, some of whom are here today, wrote to The Daily Telegraph in January 2016, stating:

“Whatever one’s views on the EU debate, many will agree that parliamentary sovereignty should be the key focus in any renegotiations.”

They now have an opportunity to demonstrate by their actions rather than their words that they value parliamentary sovereignty more highly than ministerial expediency. Will any of them have the courage of their convictions, or did their commitment to parliamentary scrutiny have an expiry date of 23 June 2016?

The truth is that the Bill was always going to be a sow’s ear, because the Government started the negotiations without clear objectives or outcomes in mind so the Bill had to cater for any eventuality or scenario, deal or no deal. What started with democracy must not end with a stitch-up by Ministers. The Liberal Democrats believe that the people, as well as politicians, must have a meaningful vote on the final deal. If they do not accept the deal negotiated by the Prime Minister and her Cabinet, they should have the option to remain a member of the European Union. The Bill must provide for this, but instead it denies Members of Parliament our right and duty to scrutinise and takes powers away from devolved Governments. It gives unbridled power to Ministers and makes a mockery of Brexiteers’ rallying cry of “Take back control of our laws.” It must be resisted at every turn.

Oral Answers to Questions

Tom Brake Excerpts

Thursday 7th September 2017 Commons Chamber

[Mr Davis]

Yes, my right hon. Friend is quite right. The simple truth is that membership of the European Free Trade Association, for example, which would be one way to retain EEA membership, would do exactly that: it would keep us within the acquis, and it would keep us within the requirements of free movement, albeit with some limitations, but none of those have worked so far. In many ways, it is the worst of all outcomes. We did consider it—I gave it some considerable thought, maybe as an interim measure—but it seemed to me to be more complicated, more difficult and less beneficial than other options.

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

The Secretary of State has given an equivocal answer on whether there might need to be a vote on the EEA. Will he consider whether we should also have a vote on the settlement bill and, indeed, on the cost of the Nissan deal set out in the rather heavily redacted letter I have here?

[Mr Davis]

Well, the heavily redacted letter was not from me, so I am not entirely sure what the right hon. Gentleman is referring to, but the answer, generally, is no.

EU Exit Negotiations

Tom Brake Excerpts

Tuesday 5th September 2017 Commons Chamber

[Mr Davis]

My right hon. Friend is exactly right, and one of the things I have picked up going around the European Union countries is that most of those nations also understand that fact very plainly. That is particularly true of those on the North sea littoral—Holland, Belgium and France, which I have mentioned, and Denmark—which all know that the impact of no deal on their economies would be dramatic, and more dramatic than for us.

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

Petulant references to the EU blackmailing the UK do not help our negotiating stance; in fact, they increase the risk of our crashing out of the EU. In those circumstances, does the Secretary of State still agree with himself on the need for a decision referendum, which would allow people to vote on the terms of the deal or to stay in the EU?

[Mr Davis]

The right hon. Gentleman has had great difficulty understanding the distinction between mandate referendums and decision referendums down the years. I suggest he goes back and reads the speech properly, because he is just wrong and he does not understand it—

[Tom Brake]

I have read it.

[Mr Davis]

If he has read it, I fear he has some other problem.

Brexit and Foreign Affairs

Tom Brake Excerpts

Monday 26th June 2017 Commons Chamber

[Mr Davis]

Security considerations pretty much always predominate when it comes to the control of immigration and control of migration generally, and there will be no difference in this case. We obviously treat the security of all our citizens, and all our allies’ citizens, as paramount. There should be, for instance, a broad security agreement covering all aspects of our current collaboration, including defence, foreign policy, justice, home affairs, law enforcement and counter-terrorism, which should be supported by continued co-operation and open access in highly regulated areas such as aviation, financial services, data, transport and nuclear.

We recognise that such a wide-ranging partnership will require fair and uniform implementation. It must also be long-lasting. That is why we must ensure that mechanisms exist to manage the evolution of our regulatory frameworks to maintain a fair and open trading environment and minimise non-tariff barriers.

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

rose—

[Stephen Doughty]

Will the Secretary of State give way, on that point?

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[Mr Davis]

I congratulate my hon. Friend on what I think is her maiden intervention. It was delivered brilliantly, as I would expect, and she is exactly right. We want a deep, special, bespoke arrangement to maximise our trade opportunities.

As I was saying, the 90% growth outside the European Union means that our relative share of trade in the EU has gone down. In services, for example, we are now 60% outside the EU and 40% inside it, and all of this is without preferential trade agreements for much of our trade. Just so that the House understands, the best academic data that I could find show that creating a new trade agreement increases the amount of trade by about 28%. If the House wants an individual parable, in the first seven years of its operation, the North American Free Trade Agreement increased trade by 40%. These are really significant items of policy that we can exercise.

[Tom Brake]

rose—

[Mr Davis]

I see the right hon. Gentleman looking at me, so I shall give way to him.

[Tom Brake]

On the question of academic research, can the Secretary of State confirm what the most recent research says about the cost to the British economy of coming out of the single market and the customs union?

[Mr Davis]

That research would depend on what the actual deal was. It is madness to make an estimate without knowing what the deal is. If the deal involves a comprehensive free trade area with no tariffs and no non-tariff barriers, there will be zero effect. It is rather daft to try to cite some non-existent academic issue.