Exiting the EU: New Partnership
David Davis Excerpts(7 years, 3 months ago)
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The Secretary of State for Exiting the European Union (Mr David Davis)
With permission, Mr Speaker, I shall make a statement on the Government’s plans for exiting the European Union.
Today we are publishing a Government White Paper on the UK’s exit from, and new partnership with, the European Union. The Government have made clear that they will honour the choice made by the people of the United Kingdom. On 23 June 2016, the United Kingdom will leave the European Union—no, that is wrong. On 23 June 2016, the people voted for the United Kingdom to leave the European Union. It is just as well that I corrected that; I should have read this first, shouldn’t I? [Laughter.] Don’t worry, we have two more years to go—two years of this!
The House is currently considering a straightforward Bill that will give the Prime Minister the authority to trigger article 50 of the treaty on European Union and begin the negotiation over our exit. The Bill is not about whether or not we leave the EU, or even about how we do so; it is about implementing a decision already taken by the people of the UK in last year’s referendum. However, we have always said that we will detail our strategic aims for the negotiation and seek to build a national consensus wherever possible. The White Paper sets out those aims and the thinking behind them. It confirms the Prime Minister’s vision of an independent, truly global UK, and an ambitious future relationship with the EU.
That vision is based on the 12 principles that will guide the Government as they fulfil the democratic will of the people of the UK: providing certainty and clarity where we can as we approach the negotiations; taking control of our own laws and statute book; strengthening the Union by securing a deal that works for the whole of the UK; maintaining the common travel area and protecting our strong historic ties with Ireland; controlling immigration from the European Union; securing the rights for EU citizens already living in the UK and the rights of UK nationals living in the EU; protecting and enhancing existing workers’ rights; ensuring free trade with European markets, while forging a new strategic partnership with the European Union, including a bold and ambitious free trade agreement and a mutually beneficial new customs agreement; forging free trade agreements with other countries across the world; ensuring that the United Kingdom remains the best place for science and innovation; co-operating in the fight against crime and terrorism; and, finally, delivering a smooth and orderly exit from the EU. Those 12 objectives amount to one goal: a new, positive and constructive partnership between Britain and the European Union that works in our mutual interest. All of them are key, but let me highlight some of the specific issues in the White Paper.
The White Paper reiterates our firm view that it is in the UK’s interest for the EU to succeed politically and economically. That cannot be said too firmly: we want the EU to succeed politically and economically. We therefore approach the negotiation to come in the spirit of good will and working towards an outcome in our mutual benefit.
We recognise the EU’s principle of the four freedoms, so the UK will leave the single market. Instead, we seek a new strategic partnership, including a bold and ambitious free trade agreement and a mutually beneficial new customs agreement that should ensure the most free and frictionless trade in goods and services that is possible. That will be to our mutual benefit. As the White Paper notes, we export £230 billion of goods and services to the EU, while importing £290 billion of goods and services from the EU every year.
The White Paper also sets out how, after we leave the EU, the UK will look to significantly increase its trade with the fastest growing export markets in the world. Although we cannot sign new trade deals while we are still members, we can prepare—we are preparing—the ground for them. This means updating the terms of our membership of the World Trade Organisation, of which the UK was a founding member—it was GATT, the general agreement on tariffs and trade, in the first instance. Modern free trade agreements require mechanisms to resolve disputes and to provide certainty for businesses on both sides, so the White Paper examines the precedents in this area and makes it clear that we will negotiate an arrangement that respects UK sovereignty.
We recognise the need to provide clarity and certainty wherever we can during a period in which some uncertainty is inevitable. We will therefore bring forward another White Paper on the great repeal Bill, which will lay out our approach in detail. This legislation will mean the repeal of the European Communities Act 1972, while converting existing EU law into domestic law at the point of exit. That means that the position we start from—a common regulatory framework with the EU single market—is unprecedented. This negotiation will not be about bringing together two divergent systems, but about finding the best way for the benefits of the common systems and frameworks that currently enable UK and EU businesses to trade with and operate in each other’s markets to continue when we leave the EU.
The White Paper also sets out that we will take control of our own laws, so that they are made in London, Edinburgh, Cardiff and Belfast, and ensure that we can control the number of people coming to the UK from the EU. The jurisdiction of the European Court of Justice in the UK will come to an end. It will be for Parliament and the devolved legislatures to determine significant changes to reflect our new position.
I have said at this Dispatch Box that there will be any number of votes on substantive policy choices. To that end, the White Paper makes it clear that we expect to bring forward separate legislation in areas such as customs and immigration.
Delivering a smooth, mutually beneficial exit, while avoiding a disruptive cliff-edge, will be the key. A never-ending transitional status is emphatically not what we seek, but a phased process of implementation for new arrangements—whether immigration controls, customs systems, the way we operate and co-operate on criminal and civil justice matters, or future regulatory and legal frameworks for business—will be necessary for both sides.
As the White Paper says, the time needed to phase in new arrangements in different areas may vary. As one of the most important actors in global affairs, we will continue to work with the EU to preserve UK and European security, fight crime and terrorism, and uphold justice. We must work more closely, not less, in those areas.
We will continue to seek to build a national consensus around our negotiating position, so we are talking all the time to business, civil society, the public sector and representatives of the regions. We have engaged the devolved Administrations in this process. While no part of the UK can have a veto, we are determined to deliver an outcome that works for the whole of our country. We continue to analyse the impact of our exit across the breadth of the UK economy, covering more than 50 sectors —I think it was 58 at the last count—to shape our negotiating position.
To conclude, the referendum result was not a vote to turn our back on Europe. It was a vote of confidence in the UK’s ability to succeed in the world and an expression of optimism that our best days are still to come. Whatever the outcome of our negotiations, we seek a more open, outward-looking, confident and fairer UK that works for everyone. The White Paper is available on the Government website. I have arranged for copies to be placed in the Libraries of both Houses.
Keir Starmer (Holborn and St Pancras) (Lab)
Normally I would thank the Secretary of State for early sight of his statement, but this statement says nothing. A week ago at Prime Minister’s questions, the Prime Minister said that there would be a White Paper. Yesterday she said that there would be a White Paper tomorrow, and the Secretary of State now makes a statement saying that there is a White Paper, but as the White Paper was not delivered until a few minutes ago, how can meaningful questions be asked about it?
For months we have been calling for a plan; that was refused on the basis that there would not be a running commentary. Then the Government agreed to a plan but delivered a speech. They were forced to concede under pressure that there would be a White Paper, but now a White Paper has been produced too late in the day for us to ask meaningful questions of the Secretary of State in this session. That is completely unacceptable.
The first fight on Brexit is very clear: it is a fight about giving this House a meaningful role in holding the Government to account. The Government had to be forced by the Supreme Court to involve Parliament at all in the article 50 process. They have been forced to produce a White Paper, and they have been forced to concede a final vote. Before Christmas, the Secretary of State was standing at the Dispatch Box refusing to confirm that there would be a vote in this House at the end of the exercise.
The decision to leave was taken on 23 June last year. What matters now are the terms agreed under article 50, and the nature and extent of our new relationship with the EU. In her Lancaster House speech, the Prime Minister adopted a risky approach—a wish list with gaps, inconsistencies and an unacceptable fall-back position. Now we need time to debate this White Paper properly in this House and a vote on its contents.
On the question of votes, from flicking through the White Paper, I see that all that is said about the final vote, at paragraph 1.12, is that the final deal that is agreed will be put to
“a vote in both Houses of Parliament.”
We have tabled amendments for consideration next week that seek a meaningful vote—a vote in this House before a vote is taken in the European Parliament. Without such a vote, all hon. Members will have to watch on their screens the European Parliament debating our deal before we get to express any views about it. That is completely unacceptable and it demeans this House.
Finally, I note from a perusal of the White Paper that there is nothing that progresses the situation of EU nationals in this country. We have been calling time and again for unilateral action to be taken before article 50 is triggered, yet the White Paper disappoints on that front.
Mr Davis
Let me start with the purpose of the White Paper: to inform all the debates—not just today’s—in the coming two years. The shadow Brexit spokesman is exactly right: what matters above all else is not the amour propre of the Labour party or whatever, but the terms that we get for this negotiation. That is about the future of Britain, and it is what this House should care about first and foremost.
The hon. and learned Gentleman talks about a meaningful vote, but I have not yet quite understood what he means by that. I have been here long enough to have voted thousands of times in this House and I have never yet voted on something that I considered not meaningful. Every vote in this House is meaningful.
There will be a meaningful vote at the end. The hon. and learned Gentleman makes much of the time that this has taken, but I have been saying for a long time to the Select Committee—its Chairman is not here—that it was inconceivable that we would not have a meaningful vote at the end of this process.
The hon. and learned Gentleman’s last point was on EU nationals. I have a track record of defending the interests of people who are under pressure. Indeed, the last thing—pretty much—the leader of his party did was to go with me to Washington to get the last Brit out of Guantanamo Bay. I am not going to be throwing people out of Britain, and for the hon. and learned Gentleman even to suggest that is outrageous. Let me say this to him: I want the European Union nationals here to have all the rights they currently have, but I also want British citizens in Europe to have their rights. We owe a moral debt to EU nationals here, but we owe a moral and legal debt to the citizens of Britain abroad. We will protect both.
Sir William Cash (Stone) (Con)
I deeply welcome my right hon. Friend’s statement and the White Paper, which is most emphatically in our national interest. Tomorrow, the Heads of Government of the 27 other member states will convene in Malta, where they propose to make a declaration about their vision for the future of Europe. President Tusk’s letter of 31 January does not bode well. Will my right hon. Friend encourage the 27 to recognise that by promoting ever closer, more centralised and unreformed political union, they are creating the very circumstances that they claim to want to avoid and depriving themselves of the trust of the citizens they claim to represent? They are effectively going in the wrong direction.
Mr Davis
My hon. Friend has led on this issue for about 30 years and has always had an honourable, straightforward and insightful view of the European Union. We have said that we are going to be a full member until the moment we leave, and that means being a responsible member. We will exercise our influence over what we think is the best interest of the European Union until the moment we leave, because we want the European Union to be strong, stable and effective. In these times of difficult international relations, we need the EU as an anchor, and that is the policy that we will pursue.
Stephen Gethins (North East Fife) (SNP)
I thank the Secretary of State for his statement. He is not a man of few words, but he is perhaps a man of few meaningful words. This is just another panicked U-turn. When it comes to European matters, it is not much of an achievement to be the second most chaotic party in the Chamber. The Government have had seven months in which to pull this together, yet we got the White Paper only a minute before the Secretary of State got to his feet to make his statement. I concede that he is more experienced than I am, but it is striking that we are getting the White Paper after Second Reading of the European Union (Notification of Withdrawal) Bill and two sitting days before its Committee stage. How are we to question him about the White Paper when we are given it just before he gets to his feet? I believe that that shows an astonishing disrespect for Parliament. He would not have put up with this were he not on the Government Front Bench.
What are the Government afraid of? They do not want to give us any opportunity for scrutiny, so there must be something they are afraid of. They do not have the courage of their convictions. Scotland voted to remain as the blue in the red, white and blue Brexit, so are the civil servants having to pull together all these last-minute policy changes? The Secretary of State said in his statement that the devolved legislatures would face “significant changes”. Does that mean that a legislative consent motion will now be required? This is a mess; it is a bourach. It is going to have an impact on each and every one of us, and people deserve better.
Mr Davis
The hon. Gentleman says that this has taken seven months, but we have been in the European Union for 40 years. This is about reversing—well, not reversing but amending—and dealing with 40 years’ accumulated policy and law. He mentioned Second Reading, but that Bill will trigger the process. It does no more than to put into effect the people’s decision of 23 June last year, so I cannot see how he thinks the publication of the White Paper after Second Reading is problematic. There will be any number of occurrences in this House when the 50-odd Scottish National party Members will have a chance to hold the Government to account, to make their views known on policy, and to put forward the interests of Scotland, whether during the passage of the great repeal Bill or that of the other primary and secondary legislation that will follow on from it. I do not think he can complain about an absence of democracy in this respect.
Several hon. Members rose—
Mr Speaker
Order. Needless to say, people who were not here at the start of the statement should not be standing. That goes without saying; it is an established feature of our proceedings.
Mr Davis
My right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith) is another Member of this House who has given a great deal of time and dedication to this issue. On migration, it is my job to bring the decision back to the House, but it is not my job to make the decisions thereafter. However, it is clear to me that the policies for controlling migration after our exit will be designed to further our national interest. Britain is a science superpower. We are the leading scientific centre in Europe, and as a result we will want to encourage the competition for talent to come here. The same will apply in finance, engineering, medicine and all the other areas in which skills are at a premium. We will want to attract those people, so we do not expect our policies to have any deleterious effects on industry at all.
Helen Goodman (Bishop Auckland) (Lab)
The Secretary of State has said that we will have meaningful votes on a range of things. How can it be, then, that paragraph 8.43 of the White Paper commits us to leaving the customs union, which will have a devastating effect on manufacturing, without any analysis of the effects and with no impact assessment?
Mr Davis
Let me just finish my answer. The point is made in the policy paper that we want to have a customs agreement. That will follow directly as a result of the free trade agreement. If we are successful in getting low or zero tariffs in the free trade agreement, and no non-tariff barriers, we should succeed in getting a customs agreement that reflects that, and that makes it very straightforward to continue trading with Europe.
Sir Peter Bottomley (Worthing West) (Con)
I think it would be wise to get to the end of the negotiations before we draw any conclusions on what conclusions we have come to. That would be the meaningful way to do it, although I think that those who use the word “meaningful” four times in a speech are being rather meaningless. The key point is that what we are after is the same thing that European Union members are after—arrangements that are good for them, good for us and good for the world.
Mr Davis
My hon. Friend is exactly right. That is the aim of our policy. He is also right to suggest that, at the end, the House will be able to hold the Government to account and make a meaningful decision about the policy, but that will not be the only opportunity. There will be many points along the way when we will debate every policy issue that arises from the process—from customs agreements to immigration. The House will be very much in control of that.
Chris Leslie (Nottingham East) (Lab/Co-op)
In the 60 seconds that my hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) had to look through the White Paper, he was spot on to zone in on the obfuscation on page 11 about the lack of a meaningful vote for Parliament at the end of the process. There is no point in having a vote after the Secretary of State has already signed things off with the European Union, treating Parliament as some sort of afterthought. Will he rule out now the Government showing such contempt for Parliament?
Mr Davis
This is my sixth statement to the House in less than six months—[Interruption.] Let me finish. The House will have the opportunity to vote on any number of pieces of legislation before we get to the end and then will have a vote to decide whether what it gets is acceptable. I cannot see how it can be made more meaningful than that.
Sir Edward Leigh (Gainsborough) (Con)
On page 49 of the White Paper, the Government state:
“We have an open mind on how we implement new customs arrangements with the EU”.
It is important to be admirably clear so that everyone knows where we stand, so will the Secretary of State confirm for the avoidance of doubt that we are not only leaving the EU and the single market, but definitely leaving the customs union?
Kate Hoey (Vauxhall) (Lab)
I welcome the principles in the White Paper, particularly around protecting and enhancing existing workers’ rights. Will the Secretary of State confirm that there is nothing to negotiate with the other EU countries on workers’ rights because they already exist in our law and will be protected? The people who have been going around saying that such rights are threatened should be told that they are not.
Mrs Theresa Villiers (Chipping Barnet) (Con)
I urge the Secretary of State to give priority to the matters in chapter 6 of the White Paper on securing the rights of EU nationals. I have in mind a constituent who is an EU national and who has sadly been receiving cancer treatment for many years. I am anxious to be able to give her certainty as soon as possible that she will continue to have access to the NHS.
Ian Paisley (North Antrim) (DUP)
“The end is not yet and the best is yet to be,” is a benediction that any Presbyterian on the Ulster Bench will welcome—even the Wee Frees who have clambered on at the end. I welcome the White Paper that the Secretary of State has produced today, in particular the three chapters that refer to the Union, to strengthening the relationship with the Republic of Ireland and to fighting and combating terrorism. Is he familiar with the commentary of Dr Ray Bassett, the former Irish ambassador and diplomat? He made it clear that Ireland’s position should now be about forging a new relationship with the United Kingdom, because the other 26 parts of the EU do not really listen to Ireland.
Mr Davis
I am not familiar with that commentary, but I welcome the hon. Gentleman’s view about the chapter on the relationship with Ireland. One of the most important parts of the last seven month’s preparation has been striking a relationship with Ireland that ensures that we underpin the peace process, maintain the stability of Northern Ireland, keep an open border, and so on. It is incumbent on the British Government to be as helpful as we can to the Irish Government because they are in the most difficult position, so that is what we are doing.
Geoffrey Clifton-Brown (The Cotswolds) (Con)
Paragraph 8.43 of the White Paper makes it clear that we want to leave the customs union so that we can negotiate free trade agreements “around the world.” If we leave the customs union, we will be bound by an external tariff unless we negotiate otherwise. Is that the correct position?
Mr Davis
Generally speaking, a most favoured nation arrangement applies under WTO rules, but countries are generally allowed to make free trade agreements at whatever level they seek. We want to ensure that as many of the existing EU free trade agreements carry straight over, which will also be lower than MFN rates.
Alison McGovern (Wirral South) (Lab)
Given the old-age dependency ratio and its importance for the public finances and given the absence of the concrete information in paragraph 5.9 of the White Paper, what level of net migration to our country does the Secretary of State anticipate across future years?
Mr Davis
The Government’s policy is that migration will be at a sustainable level. The point to understand here is that such decisions are made on a year-by-year basis. It is not Government policy to make the British economy suffer as a result of labour or talent shortages or anything else. It is perfectly proper for a Government to want to control their own migration policy and not leave it open-ended. The solution to the problem the hon. Lady cites is not just not managing the problem.
Mr Bernard Jenkin (Harwich and North Essex) (Con)
When the Government serve notice on the European Union under article 50, will they take that opportunity to frame the negotiation by making it clear that we expect to agree the framework of our future relationship, as specified in article 50? Otherwise, we will effectively be negotiating the divorce arrangements in the dark, and the European Union would not be observing the principle of sincere co-operation.
Mr Davis
My hon. Friend refers to the need to negotiate ongoing arrangements in parallel with the departure arrangements. As he says, article 50 refers to having regard to ongoing arrangements, and a negotiation on departure arrangements cannot be concluded before the ongoing arrangements have been concluded. I have already made that point to Michel Barnier, my opposite number, and I think the Prime Minister has made that point to a number of her opposite numbers around the European Union. This will be the first issue that we need to resolve at the beginning of the negotiations, so my hon. Friend is quite right.
Nick Smith (Blaenau Gwent) (Lab)
Will Parliament get a vote on the Government’s intended final deal before the deal is struck with the European Union?
Ben Howlett (Bath) (Con)
I want to put it on the record that I am extremely pleased that the White Paper has been published, and I thank the Secretary of State and his team for listening to hon. Friends and our calls for a White Paper. Will he join me in sending a message to my constituents to feed in their views? In the spirit of listening to his hon. Friends, will he also clarify whether the Government will consider formal reporting back to the House?
Mr Davis
I am not quite sure what my hon. Friend means by formal reporting. I have visited the Exiting the European Union Committee once and will be appearing in front of it again, and this, as I said, is my sixth statement to the House. We come to the House at every possible opportunity to tell Members what is going on. There will be subsequent debates, including substantive debates on policy. There will undoubtedly be other Brexit debates—more are planned already—so there is no question that the House will not be fully informed. That we are somehow not paying attention to the Opposition is an illusion—a chimera—that they like to run out. We have given them a White Paper and answers about the customs union and the single market. I do not know how much more open I can be without being dissected.
Kirsten Oswald (East Renfrewshire) (SNP)
The Government seem to be in a constant state of delayed reaction, but we finally have the White Paper. It contains a statement on strengthening trade with the world that reads like a tweet, and a conspicuous amount of space that is totally blank. Does that reflect the Government’s thinking on Brexit?
Mr Davis
The Government’s thinking on Brexit is very clear. If someone disagrees with it, that does not mean that it does not exist. That is the problem that SNP Members have had all the way through this process. They just do not like it—[Interruption.] Sure, half a page is blank. Wonderful. I think that is the case in every book I own.
William Wragg (Hazel Grove) (Con)
I welcome the White Paper and hope that it heralds unity both in our party and in the country on our approach to leaving the European Union. May I therefore commend to all Members yesterday’s speech by my right hon. Friend the Member for North East Bedfordshire (Alistair Burt)? He was the epitome of grace and magnanimity.
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.
Jack Lopresti (Filton and Bradley Stoke) (Con)
Will my right hon. Friend inform the House of how the legislation, and the White Paper in particular, will hopefully help to protect and enhance Gibraltar’s unique position and of the progress he is making towards a free trade deal between us and Gibraltar? I understand that such a deal can happen before we leave the EU.
Mr Davis
The Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Worcester (Mr Walker), gave evidence to the House of Lords on precisely that—indeed, on all the dependent territories—and it can be taken as read that we will rigorously protect their interests.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
The Secretary of State observes that the UK was a founding member of the WTO, but he forgets that we were the driving force behind the completion of the single market. Does he understand how angry British business is that he has abandoned the single market before negotiations even start?
Mrs Anne-Marie Trevelyan (Berwick-upon-Tweed) (Con)
Can the Secretary of State confirm that we will be coming out of the Prüm framework and building a new relationship on data sharing to fight crime and terrorism that ensures that my constituents’ most personal data are no longer subject to the ECJ?
Mr Davis
As we are coming out of the European Union, that will happen almost by definition, but that is not to say that we will not be making new arrangements. The Prüm framework covers data exchange, DNA and so on, and it is very clear in our minds that we will be making new arrangements to keep terrorism, crime and so on under control. We will no doubt protect my hon. Friend’s constituents from the ECJ.
Mr Clive Betts (Sheffield South East) (Lab)
The Local Government Association has been asking for meetings with Ministers about the impact of these processes on councils and on how more powers can be devolved, yet in the Secretary of State’s statement I did not hear a single reference to local councils. I cannot see a single reference in the White Paper, having read through it very quickly. Will he now commit the Government to having meaningful discussions with the LGA, and will he commit to the principle of subsidiarity, too?
Mr Davis
There is only so much I can do in a limited statement. The Minister of State has already met the LGA, and he has sent out invitations to local councils so that he can talk to them. In the last statement, or maybe in the one before, I said that I am willing to meet the mayors of the various regions of the country after they are elected in the next round. It must be taken as read that we are not putting the regions to one side. The very first public meeting I had after becoming Secretary of State was with people in Blackburn, Lancashire.
Bob Stewart (Beckenham) (Con)
There are three British ambassadors in Brussels. Does my right hon. Friend think that the staff of our ambassador to the European Union will be enhanced, or indeed might his post be scrapped, after we leave the European Union?
Mr Davis
I assume that my hon. Friend is talking about our permanent representative to the European Union, who has 120 brilliant staff, and they all work for me. I do not know what our representational arrangements will be, but he is referring to an ambassador to Belgium, an ambassador to NATO—I assume—and an ambassador to UKRep. We will undoubtedly have close relationships with the European Union thereafter, so it will be a pretty sizeable embassy I should think, but it will not be what it is now.
Heidi Alexander (Lewisham East) (Lab)
Our current membership of the single market is governed by the European economic area agreement. The Government contend that we are a member of the EEA by virtue of our membership of the EU—that may or may not prove to be the case—but can the Secretary of State be clear about the implications of our domestic legislation in that regard, specifically the European Economic Area Act 1993? Will the Government repeal that Act? If so, when? Will we get a vote?
Mr Davis
As it stands—as far as I can see, having gone through this quite carefully—once we are outside the EU, the question of whether we automatically cease to be a member of the EEA becomes a legal empty vessel. We will look at that. If we do propose to withdraw from the EEA, we will come back and tell the House.
Sir Desmond Swayne (New Forest West) (Con)
When European subjects have come to my surgery to talk about their rights, they have left in agreement that those rights must go hand in hand with the rights of UK subjects living in their own country. I hope the Secretary of State has got the message.
Mr Davis
I have got the message and, incidentally, so have the leaders of most of the countries with the most people here. They also understand that we have to protect the rights of British people at the very same time as we protect the rights of their citizens. There is no question that it is not going to happen. The question is when it will happen, and we are trying to do it as quickly as possible.
Danny Kinahan (South Antrim) (UUP)
We welcome the White Paper, particularly chapter 4 on our links with Ireland, including on trade, security and the wish for unfettered access, but at the Select Committee on Northern Ireland Affairs this week a customs specialist said that, for trading in goods, there will have to be border points either between Northern Ireland and Ireland or, much worse, between Scotland and England and the island of Ireland. Will the Secretary of State guarantee that we are not going to have hard borders of that type?
Mr Davis
We are not going to have hard borders. I will take the question on two different levels. First, the common travel area has existed since 1923 and, in that respect nothing will change. On goods, there will be the softest, most invisible and most frictionless border we can find. There is a lot of technology these days, ranging from automatic number plate recognition through to the tagging of containers, with trusted trader arrangements across the border, and such things operate between Norway and Sweden, the US and Canada, and so on—countries with very amicable relations and very open borders—and we will do the same with Ireland.
Dr Andrew Murrison (South West Wiltshire) (Con)
The White Paper is an impressive document, for which I thank the Secretary of State—the Venn diagram on page 48 is particularly insightful. He will know that the European Union has concluded a pathetically small number of free trade agreements with other countries, but there are some. Will he confirm that there will either be a continuity arrangement with those countries on Brexit or that the agreements will be the basis for an accelerated relationship with those very few countries?
Mr Davis
My right hon. Friend the Secretary of State for International Trade has already been in touch with the most important countries to us—South Korea and others like it—and they all seem very keen both to maintain grandfather rights and to improve on the deals and make them much more tailored and specific to both our interests.
Wayne David (Caerphilly) (Lab)
The White Paper says that the great repeal Bill
“will preserve EU law where it stands at the moment before we leave the EU.”
The White Paper goes on to say that it foresees two pieces of primary legislation, but that:
“There will also be a programme of secondary legislation under the Great Repeal Bill to address deficiencies in the preserved law”.
What deficiencies does the Secretary of State have in mind?
Mr Davis
As the great repeal Bill will pass through European law—the acquis communautaire—in its original wording, it might refer to European institutions when it should refer to British institutions. For example, it might say that local government has to publish its procurement contracts in the Official Journal of the European Union, which would no longer be appropriate—it would be more appropriate to publish them on the Government website. Secondary legislation will be principally aimed at such technical concerns. Major areas of policy change will primarily be addressed in primary legislation, which is why we cited those two examples.
Rishi Sunak (Richmond (Yorks)) (Con)
I very much welcome my right hon. Friend’s constructive approach. In that light, I draw his attention to a report by the European Parliament’s Committee on Economic and Monetary Affairs, which highlighted European businesses’ financial reliance on the City, expressed concern if that access were to be disrupted and urged negotiators to approach the issue in a constructive and open fashion.
Margaret Ferrier (Rutherglen and Hamilton West) (SNP)
Remarkably, the White Paper does not contain a single reference to Eurojust or any real indication of our future co-operation with the EU on criminal justice matters. That raises the question: if something so significant has been omitted, what else is missing? Never mind a White Paper, this is a lightweight paper.
Mr Davis
The hon. Lady worked hard to get her soundbite out. The White Paper contains a whole section on justice and home affairs, and we have made it very plain, over and over again—I even said this in my statement at the beginning—that we intend to maintain closer co-operation with Europe, not have less co-operation, on security, crime and intelligence matters. We must understand that Europe has a great deal to gain from this, because we are the intelligence superpower in Europe—we have the most powerful intelligence agencies—and therefore on things such as tackling crime and terrorism we are very important to them, as we think they are to us, too.
Glyn Davies (Montgomeryshire) (Con)
Significant discussion has already taken place between the Prime Minister and the Welsh Government following last June’s referendum, and there has been discussion in the Welsh Parliament, and I very much welcome that. In the interests of UK unity, Wales’s interests must be taken into account, including through discussion of this White Paper. Will the Secretary of State guarantee Wales’s involvement and that it will continue to feature in all our discussions? We accept, of course, that there can be no veto.
Mr Davis
My hon. Friend is absolutely right in what he says, and this has been our approach. We have had a number of meetings of the Joint Ministerial Committee, two of them chaired by the Prime Minister and three of them chaired by me. We have been to Wales to see the Welsh Government to talk about some of these issues. My right hon. Friend the Minister of State is appearing before the Welsh Parliament—
The Minister of State, Department for Exiting the European Union (Mr David Jones)
The Committee.
Mrs Madeleine Moon (Bridgend) (Lab)
If we are leaving the single market and the customs union, will the Secretary of State give a guarantee to my workers at Ford and at Tata Steel, who make the steel for Nissan cars? Two thirds of both Ford and Nissan cars are exported to the EU, so will he guarantee that they will have tariff-free access to the EU markets? Or is this only a promise to negotiate and seek?
Mr Davis
This is a negotiation, but if the hon. Lady reads the White Paper, she will see that it sets out that European exports of goods and services to us total £290 billion, whereas ours to them are worth £230 billion. So they clearly have a strong interest—as strong an interest as we do—in tariff-free goods access, because for them goods are a much bigger part of it as well. The disparity is more than £60 billion, so there is every reason to expect that we will succeed in what we are intending to do, which is protect the jobs of her constituents.
Martin Vickers (Cleethorpes) (Con)
My right hon. Friend will recall that at last week’s Brexit questions I asked about the seafood sector, and I can tell him that it will be particularly pleased with the comment in paragraph 8.16 giving it full support. However, he will also be aware of the long-standing grievance of the fishing communities up and down the country following their being sold out in the original negotiations. Will he reiterate yet again that that will not occur on this occasion?
Martin Docherty-Hughes (West Dunbartonshire) (SNP)
The Secretary of State makes much of the process and joked that we might be at this for another two years, yet in that time the unelected and unaccountable House of Lords will have more influence on the implementation of the White Paper, and the negotiations and relationships that we must forge for trade agreements, than the Governments of Scotland, Wales and Northern Ireland. How does that strengthen the Union?
Mr Davis
That is simply not the case. As I just said, we have regular monthly meetings with the Scottish Government, the Welsh Government and the Northern Ireland Executive—when they are in play—and we are taking what they say very seriously. We will not agree with everything they say, as the hon. Gentleman well knows. The Scottish Government’s paper was presented at the last meeting and there were areas of agreement on employment protection and on environmental protection, but disagreement on the concept of a “carve out” on the single market and a discussion about how the devolution would work. That hardly constitutes not paying attention to the Scottish Government.
Dr Tania Mathias (Twickenham) (Con)
I welcome this White Paper and I am glad the Government have listened to Members. EU nationals play a vital part in our universities, workplaces and families. Although I support the need for some control on freedom of movement, will he ensure in negotiations that workers, students and family members find that our borders remain open if they are from the EU? After all, control does not mean arbitrary restrictions.
Mr Davis
Absolutely, control does not mean slamming the door. As I said, it is in the UK’s interest to keep attracting talent, and if we attract talent, we attract the families—that goes without saying. Earlier, I was asked whether I could promise something that is to be negotiated, but this is something we will decide in this House, for the first time, in a couple of years’ time.
Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
One crucial and reasonable question for the Secretary of State to answer is: how does he see frictionless, unfettered trade with the EU continuing after we have signed free trade deals with other countries? Surely the greater the divergence between ourselves and the single market in external tariffs and standards, the greater their need at some point to impose customs checks on us.
Mr Davis
Obviously, we need to seek to maintain some sort of standard parity, be it by a measure of equivalence or by something else, depending on the product. The area where the deals outside and the deals with the European Union conflict is on rules of origin. We will have to have a good rules of origin scheme, just as any other free trade area has. For example, the Canadian treaty has specific rules of origin and we will need to do the same. But that is a very small burden by comparison with the sorts of things people are worrying about, if we get the customs agreement we seek.
Mr Christopher Chope (Christchurch) (Con)
When, if ever, does my right hon. Friend think the EU will issue an equivalent White Paper, setting out with equal clarity the agreed negotiating objectives of the 27 other members?
Liz McInnes (Heywood and Middleton) (Lab)
I know that today is groundhog day, but why are we exiting the customs union in order to recreate the customs union?
Mr Davis
It is to create a customs agreement; it is in order to enable us to develop free trade agreements with that huge portion of the world where there is very fast growth and we have a strong market presence. Some 40% of our trade, or as much as we have with the EU, is with areas where we do not have free trade agreements. So this is a very large area and it is growing, sometimes twice as fast as the EU is. We are taking this approach for the future opportunities. People often talk about the implications of the referendum for young people, but the biggest implication is the prospect of jobs in the future, many of which will come from global markets, not just European ones.
Mr Nigel Evans (Ribble Valley) (Con)
A lot of the politicians in EU states say that they are against torture, but do they not recognise that the fact that they are not willing to come to a deal with my right hon. Friend about EU citizens being allowed to stay, live and work here and British citizens being allowed to stay, live and work in the EU countries is a form of mental torture and trauma that they are perpetrating upon them? Will he redouble his efforts to get this deal done as quickly as possible and to make the announcement as quickly as possible? If only one or two countries are holding out, for whatever reason, will he be prepared to name and shame them, so that their citizens here can bring pressure upon them to get that deal done?
Mr Davis
I will certainly do the first half; I will certainly redouble my efforts, although they are pretty intense in any case, to ensure that this happens quickly. My hon. Friend is right that we are talking about just a few countries. I suspect their reasoning is the communautaire reasoning of not starting anything before the negotiations start, and I hope this will be rapidly resolved thereafter.
Dr Julian Lewis (New Forest East) (Con)
Does not the fact that so many Members from both sides of the House who wanted us to remain in the European Union nevertheless last night voted to trigger article 50 set a fine example that Members of the unelected upper House would do very well to follow?
Mr Davis
I was sitting there calculating whether my right hon. Friend’s question today was longer than his speech yesterday, and I think it was.
Yes, I hope Members in the upper House do pay attention. The Bill is a manifestation of the will of the people—nearly 17.5 million people—and I would expect the upper House, which quite properly has its place and its rights, to respect that will.
European Union (Notification of Withdrawal) Bill
David Davis Excerpts(7 years, 3 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for Exiting the European Union (Mr David Davis)
I beg to move, that the Bill be now read a Second time.
Given your admonishment, Mr Speaker, and indeed the state of my voice, I give the House warning that I will not take very many interventions. I will take some, but not my normal two dozen.
The Bill responds directly to the Supreme Court judgment of 24 January, and seeks to honour the commitment the Government gave to respect the outcome of the referendum held on 23 June 2016. It is not a Bill about whether the UK should leave the European Union or, indeed, about how it should do so; it is simply about Parliament empowering the Government to implement a decision already made—a point of no return already passed. We asked the people of the UK whether they wanted to leave the European Union, and they decided they did. At the core of this Bill lies a very simple question: do we trust the people or not? The democratic mandate is clear: the electorate voted for a Government to give them a referendum. Parliament voted to hold the referendum, the people voted in that referendum, and we are now honouring the result of that referendum, as we said we would.
Mr Davis
Not at the moment.
This is the most straightforward possible Bill necessary to enact that referendum result and respect the Supreme Court’s judgment. Indeed, the House of Commons has already overwhelmingly passed a motion to support the triggering of article 50 by 31 March. We will respect the will of the people and implement their decision by 31 March.
Clause 1(1) simply confers on the Prime Minister the power to notify, under article 50 of the treaty on European Union, the United Kingdom’s intention to withdraw from the European Union. Clause 1(2) is included to make it clear that the power to trigger article 50 may be conferred on the Prime Minister regardless of any restrictions in other legislation, including the European Communities Act 1972. Together, these clear and succinct powers will allow the Prime Minister to begin the process of withdrawal from the European Union, respecting the decision of the Supreme Court. This is just the beginning—the beginning of a process to ensure that the decision made by the people last June is honoured.
Philip Davies
Given that triggering article 50 is an inevitable consequence of the result of the referendum, does the Secretary of State agree that although it may be honourable for MPs who voted against having a referendum in the first place to vote against triggering article 50—that would be entirely consistent—it would be entirely unacceptable for those who voted to put this matter to a referendum to try to renege on the result of that referendum?
Mr Davis
If the right hon. Gentleman will forgive me, I want to make a little bit of progress, and I will then give way to him.
I draw hon. Members’ attention to the explanatory notes to the Bill, which set out the application of the Bill to Euratom. The Bill also gives the Prime Minister the power to start the process to leave Euratom. The Bill makes it clear that in invoking article 50, we will be leaving Euratom, the agency established by treaty to ensure co-operation on nuclear matters, as well as leaving the European Union. This is because, although Euratom was established in a treaty separate from the EU agreements and treaties, it uses the same institutions as the European Union, including the European Court of Justice. The European Union (Amendment) Act 2008 makes it clear that in UK law membership of the European Union includes Euratom. That is why article 50 applies to both the European Union and to Euratom.
Chris Philp (Croydon South) (Con)
I received an email yesterday from Professor John Wheater, the head of physics at Oxford University, who had the very dubious pleasure of being my tutor for four years in the mid-1990s. He is concerned about the implications for his fusion research programme of our leaving Euratom. Is there any way in which we could postpone leaving Euratom by a year or two, and if that is not possible, what assurance will the Secretary of State give Professor Wheater and his colleagues?
Mr Davis
The first thing I would say to my hon. Friend is that there is a two-year timetable, so we are still two years out from this. The Prime Minister has also said very clearly in her industrial strategy and in her speech on Brexit that we intend to support the scientific community and to build as much support for it as we can. When we engage in negotiations after March, we will negotiate with the European Union with the aim of creating a mechanism that will allow the research to go on.
Mr Speaker
Order. I do not want to have to keep saying this, because I know it is very tedious. I know that the Secretary of State is a most attentive Minister, but may I appeal to him not to keep turning around and looking at people behind him? It is incredibly frustrating for the House. I know that is the natural temptation. [Interruption.] I am sure that he has made a very valid point, but it suffered from the disadvantage that I could not hear it.
Alex Salmond
The question from the hon. Member for Croydon South (Chris Philp) is an illustration of the fact that the consequences of the Bill go much further than the Secretary of State is telling us. Is not the reason why the Government find themselves in a position of such abasement to President Trump that they have decided to abandon the high ground of the single marketplace, without so much as a negotiating word being spoken? That is why they are desperate to do a deal with anybody on any terms at any time. Why did the Secretary of State lead this country into a position of such weakness?
Mr Davis
That is almost exactly the opposite of the case. Since the right hon. Gentleman picks up on Euratom, let me make the point in rather more elaborate detail. Euratom passes to its constituent countries the regulations, rules and supervision that it inherits, as it were, from the International Atomic Energy Agency, of which we are still a member. When we come to negotiate with the European Union on this matter, if it is not possible to come to a conclusion involving some sort of relationship with Euratom, we will no doubt be able to reach one with the International Atomic Energy Agency, which is possibly the most respectable international body in the world. I am afraid he is wrong on that.
John Woodcock (Barrow and Furness) (Lab/Co-op)
Will the Secretary of State give way?
Mark Pritchard (The Wrekin) (Con)
Brexit affords huge opportunities for international trade for global Britain, and part of that global trade is with the single European market. Although there may be access to the full market—hybrid access—will the Secretary of State confirm that anything that introduces new taxes, tariffs or duties on British goods is not in our national economic interests?
John Woodcock
May I urge the Secretary of State and the Government to keep an open mind on Euratom? There is a danger that years of uncertainty will put at risk the 21,000 new jobs slated to come in as part of the Moorside development, as well as many others across the UK?
Mr Davis
The hon. Gentleman made his point very well, and I take it absolutely. He is right that a lot of jobs are involved, as are our standing in the scientific community and our international reputation, as well as individual projects, such as the Joint European Torus project and ITER—the international thermonuclear experimental reactor—all of which we will seek to preserve. We will have the most open mind possible. The difficulty we face is of course that decisions are made by unanimity under the Euratom treaty, so we essentially have to win over the entire group. We will set out to do that, and we will do it with the same aims that he has described. Absolutely, yes: I give him my word on that matter.
Mr Davis
No, not for the moment.
The Prime Minister set out a bold and ambitious vision for the UK, outlining our key negotiating objectives as we move to establish a comprehensive new partnership with the European Union. This will be a partnership in the best interests of the whole of the United Kingdom, and we will continue to work with the devolved Administrations to make sure that the voices of Scotland, Wales and Northern Ireland continue to be heard throughout the negotiation process. I will come back to this point in more detail, so, if I may, I will take interventions on it a little later.
I made a statement to this House on 17 January about the negotiations ahead of us and I do not propose to repeat it, save to say that our aim is to take this opportunity for the United Kingdom to emerge from this period of change stronger, fairer, more united and more outward-looking than ever before. I also set out our 12 objectives for those negotiations. They are: to deliver certainty and clarity where we can; to take control of our own laws; to protect and strengthen the Union; to maintain the common travel area with the Republic of Ireland; to control immigration; to protect the rights of EU nationals in the UK and UK nationals in the European Union; to protect workers’ rights; to allow free trade with European markets; to forge new trade deals with other countries; to boost science and innovation; to protect and enhance co-operation over crime, terrorism and security; and to make our exit smooth and orderly. In due course, the Government will publish our plan for exit in a White Paper in this House and in the other place. [Interruption.] I hear the normal, noisy shouts from the shadow Foreign Secretary asking when. I will say to her exactly what I said to her in my statement last week: as soon as is reasonably possible. It is very hard to do it any faster than that.
On 17 January, the Prime Minister also made it clear that this House and the other place will have a vote on the deal the Government negotiate with the EU before it comes into force. Ahead of that, Parliament will have a key role in scrutinising and shaping the decisions made through debate in both Houses, and the work of Select Committees, including the Exiting the European Union Committee, whose Chair, the right hon. Member for Leeds Central (Hilary Benn), is in his place.
Ministers will continue to provide regular updates to Parliament. Further, since our proposal is to shift the entire acquis communautaire—the body of EU law—into UK law at the point this country leaves the EU, it will be for Parliament to determine any changes to our domestic legislation in the national interest. But as the Prime Minister said, to disclose all the details as we negotiate is not in the best interests of this country. Indeed, I have said all along that we will lay out as much detail of our strategy as possible, subject to the caveat that it does not damage our negotiating position. This approach has been endorsed by the House a number of times.
David Morris (Morecambe and Lunesdale) (Con)
I thank my right hon. Friend for being generous with his time. Does he not agree that there is no such thing as hard Brexit or soft Brexit? There is just Brexit, and we are going to make a success of it.
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.
Ian Blackford (Ross, Skye and Lochaber) (SNP)
I am grateful to the Secretary of State for giving way. Does he not accept that the people of Scotland voted to remain within the European Union, and that respect has to be shown to the Scottish people, the Scottish Government and the Scottish Parliament, which empowers the Government to act in our interests? Why will he not negotiate to allow Scotland to remain with access to the single market as we demand?
Mr Davis
I remind the hon. Gentleman that there was another referendum a little while ago, which was about the people of Scotland deciding to stay within the United Kingdom. That is what they are doing and that is what we expect them to continue to do.
The Prime Minister has committed to bring forward a White Paper setting out the Government’s plan and I confirm that it will be published in the near future. Guaranteeing UK citizens’ rights in the EU, and EU citizens’ rights in the UK, is one of the objectives set out by the Prime Minister. We have been, and remain, ready to reach such a deal now—now—if other countries agree.
Finally, there has been continual parliamentary scrutiny of the Government on this process: I have made five oral statements in the House of Commons; there have been more than 10 debates, including four in Government time; and over 30 Select Committee inquiries. We will of course continue to support Parliament in its scrutiny role as we reach the negotiating stage.
Dr Alasdair McDonnell (Belfast South) (SDLP)
Does the Secretary of State accept that Northern Ireland voted to stay in the European Union? In fact, my constituency voted 70%, on a 70% turnout, to remain. Does he accept that we do not have a devolved Administration at the moment? Does he have any plans to recognise the situation in Northern Ireland and the damage that has already been done to the Northern Ireland economy, in particular our agricultural economy?
Mr Davis
The position of Northern Ireland, the peace process and all related issues were obviously at the forefront of the Prime Minister’s mind when she went there as one of her first visits as Prime Minister. It will be at the forefront of my mind, which is why we have, without any qualification whatever, guaranteed the retention of the common travel area. On continuing representation, although there is no Executive individual Ministers stay in place, as is the norm with Governments during election times. I wrote to the Executive a week or so ago asking them to send a representative to each of the Joint Ministerial Committee meetings. They have done so, and they have made a serious and significant contribution to the meetings. We are taking very seriously the analysis they have provided of industries in Northern Ireland, including special issues such as the single Irish energy market. They are the sorts of issues that we have put front and centre in the list of negotiating points to deal with. The hon. Gentleman may absolutely take it as read that we take protecting Northern Ireland very seriously.
We have been clear that there must be no attempts to remain inside the EU, no attempts to re-join it through the back door, and no second referendum. The country voted to leave the European Union and it is the duty of the Government to make sure we do just that.
Finally, we remain committed to the timetable set out by the Prime Minister to trigger article 50 no later than 31 March. We will provide plenty of time for debate and scrutiny of the Bill, but it is equally vital that right hon. and hon. Members move swiftly to adopt this proposed legislation, in keeping with the Prime Minister’s timetable for triggering article 50 by the end of March. The House voted in favour of that timetable in December, and it is providing certainty both at home and in the Europe Union.
I conclude by saying this: the eyes of the nation are on this Chamber as we consider the Bill. For many years, there has been a creeping sense in the country—and not just in this country—that politicians say one thing and then do another. We voted to give the people the chance to determine our future in a referendum. Now we must honour our side of the agreement: to vote to deliver on the result. So, we are considering that very simple question: do we trust the people or not? For generations, my party has done so. Now that question is before every Member of this House. The Bill provides the power for the Prime Minister to begin that process and honour the decision made by the people of the United Kingdom on 23 June last year. I commend it to the House. Trust the people.
Points of Order
David Davis ExcerptsThursday 26th January 2017
(7 years, 3 months ago)
Commons ChamberRead Full debate European Union (Notification of Withdrawal) Act 2017 View all European Union (Notification of Withdrawal) Act 2017 Debates Read Hansard Text Read Debate Ministerial Extracts
Madam Deputy Speaker
Further to that point of order, I call Mr Secretary Davis.
The Secretary of State for Exiting the European Union (Mr David Davis)
Further to that point of order, Madam Deputy Speaker. Of course, if I am wrong, I apologise. I will send the right hon. Gentleman the quote that I gave from The Scotsman at that time.
Oral Answers to Questions
David Davis Excerpts(7 years, 3 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Thangam Debbonaire (Bristol West) (Lab)
The Secretary of State for Exiting the European Union (Mr David Davis)
I ask the House to forgive my voice. It is just wear and tear, not emotion.
The Prime Minister’s speech set out a comprehensive plan that includes all our central negotiating objectives. She confirmed yesterday that we will publish the plan in a White Paper. It will answer key questions that have been asked on our approach to the single market, the customs union and the type of trading relationship we are seeking. It will be widely welcomed as a serious and ambitious vision of a new, positive and constructive partnership for Britain and the European Union that will be good for Britain and good for the rest of Europe.
Thangam Debbonaire
I thank the Secretary of State for that answer, but will he please explain to the aerospace industry, the health service, the universities and other major employers in my constituency, which account for thousands of jobs, how they should have confidence in this country’s ability to negotiate beneficial trade deals when we have barely any specialist trade negotiators and we have had no experience of negotiating trade agreements for decades?
Mr Davis
It does not help the hon. Lady’s own industries, which are very important, if she talks them down. Let me say to the Opposition that it is not only the Government who think this deal is eminently achievable. Just recently, a former EU Trade Commissioner said that the trade deal between the UK and EU can be done in a “very reasonable” period of time—[Interruption.] Let me get to the point. He said:
“I am reading everywhere that it takes five, six, seven…years to do a trade negotiation… Yes that’s true—but it’s not for technical reasons, it’s because you can’t get an agreement. Technically you could make an agreement within a very reasonable period of time because we know each other.”
The point he was making is that there is not a technical constraint, and there are quite enough negotiators in Whitehall to do the job we are talking about.
Mr Peter Lilley (Hitchin and Harpenden) (Con)
Will the White Paper highlight the words of article 50, which says that the Union must
“negotiate and conclude an agreement…taking account of the framework for its future relationship”
with the UK? It is therefore impossible to start negotiations unless one has an outline agreement on what that framework should be. Only two frameworks are possible— a continuation of free trade, or a move to trading on most favoured nation terms. Will we press our partners to clarify that right at the beginning of the negotiations?
Mr Davis
We already have done. In my one meeting with Mr Barnier, he talked about a sequential approach, which does not seem practical to me. It really is not possible to reach an outcome on either of the negotiations without a clear idea of the trade aspect of the negotiations. My right hon. Friend’s description is pretty accurate. I have said in terms that we intend all of this to be concluded within the two years.
Hilary Benn (Leeds Central) (Lab)
The Government say they want nothing further to do with the European Court of Justice but, as the Secretary of State well knows, in any new free trade agreement with the 27 member states there will have to be a legal arbitration mechanism whose rulings we will be obliged to implement. If the European Court of Justice is not acceptable, what court would be?
Mr Davis
It would not necessarily be a court. The right hon. Gentleman is quite right that most international—[Interruption.] Listen to the answer. Most international trade agreements have an arbitration mechanism, and that mechanism is normally preceded by a mediation mechanism, which is used more often. In the case of the Canada arbitration mechanism, for example, three people—one from each side and one neutral—are appointed by agreement. It is a fall-back if agreement cannot be reached, and it is a simple arbitration mechanism. There is all the difference in the world between a simple arbitration mechanism and a Court that reaches into every nook and cranny of your society.
Anna Soubry (Broxtowe) (Con)
I very much thank the Secretary of State for the part that I know he played in securing the White Paper, which has been welcomed across the House and is good news. Will he now tell us when it might be published and how much time this place will have to debate it?
Mr Davis
Of course, the decision to publish the White Paper was a decision solely of the Prime Minister, but it is nice to be able to agree with myself from six months ago. On the timing, the Prime Minister said yesterday that it would be published in due course. We will be as expeditious as we can, but it takes time. My right hon. Friend has been in government, and she knows that there is a procedure for these things and it takes time, but we will not waste time in producing it for the House.
Stephen Gethins (North East Fife) (SNP)
I hope that the Secretary of State gets his voice back because he will need it over the next couple of weeks. Does he think that we should be able to see the White Paper before we consider legislation?
Mr Davis
He is. The article 50 legislation is about carrying out the will of the British people—the decision was taken on 23 June. There will be much more legislation after that, which will relate to policy and the maintenance of European law. There will be the great repeal Bill, but also other new primary legislation arising from all that. The White Paper will certainly be before all that and, as I said, I will be as expeditious as possible.
Stephen Gethins
Mr Speaker, you will be aware of how helpful the House of Commons website is. It says:
“White Papers are policy documents produced by the Government that set out their proposals for future legislation.”
Given that article 50 is a significant piece of legislation and this House deserves to scrutinise it, will the Secretary of State commit to publishing the White Paper before the Committee stage—I will give him next week, but before the Committee stage?
Mr Davis
As I said, we will be as expeditious as we can. However, I reiterate that article 50 legislation is about putting in place only the beginning of the procedure that was decided by the British people last year. That is not really conditional on the other policy aspects of this but, as I said, I will be as expeditious as I can.
Mr Steve Baker (Wycombe) (Con)
In welcoming this decision, may I ask my right hon. Friend which, if any Select Committee Chairmen have expressed an interest in having the White Paper published with the intention of scrutinising it?
Jenny Chapman (Darlington) (Lab)
I am concerned by some of the responses of the Secretary of State, who seemed to be bursting with enthusiasm for the White Paper. Now it seems that we may not get it as soon as we need it. Given the level of interest in the legislation and the amendments that will be tabled, we need the White Paper before the Committee stage of the Bill. Will he make sure that we get it?
Jenny Chapman
Well, the Secretary of State can work as fast as he can I suppose, but we need the White Paper before the Committee stage. When we get it, will it be a cut-and-paste of the Prime Minister’s speech, or will we have assessments of the financial impact of different options on this country?
Mr Davis
As I said at the beginning, the Prime Minister’s speech—one of the clearest expositions of national policy that I have heard in many years—answered all the questions that the Opposition and the Brexit Committee raised other than those that would actively undermine our negotiating position. The Opposition, of course, tabled a motion that said, “We will not undermine our negotiating position.” It is right that they expect us to obey the rules of the House, but they should do so, too.
Mr Speaker
Colleagues, may I point out that there are a lot of questions on the Order Paper that I am keen to reach, but exchanges at the moment are quite ponderous? We need to speed up a bit.
The Secretary of State for Exiting the European Union (Mr David Davis)
Flexibility is important in such complex negotiations, which will require imagination on both sides, and not everybody will be able to know everything at every stage. That is why we have to set out our strategic aim for a new partnership with the EU, encompassing a bold and ambitious trading relationship, and it is also why we will not get drawn into setting out every detail of our negotiating strategy or laying out red lines. Doing so would tie the Government’s hands and make it harder for us to achieve the right deal for the UK, which I presume is what everybody in the House wants.
Michael Gove
My right hon. Friend the Member for Hitchin and Harpenden (Mr Lilley) reminded the House that article 50 requires the EU to take account of any future relationship that an independent Britain might have with it as we negotiate the declaration of our independence. Does my right hon. Friend the Secretary of State agree that as we negotiate our independence, we should also show generosity to the EU27 by continuing to offer them access to our market on a free trade basis?
Helen Goodman (Bishop Auckland) (Lab)
The Secretary of State has repeatedly said that he can maintain flexibility and give the House a say through the great repeal Bill, but that only covers things in legislation. When will the House be able to consider the value of the EU agencies and the cost of setting up new UK ones?
Mr Davis
That is precisely the sort of thing that might well come up in legislation. In dealing with these EU agencies, we will seek the best outcome in each case for the relevant sector. When doing so, we will of course talk to the House about the costs and benefits of various options, but we will do that when it is appropriate for the House to know, not while we are in the middle of the detailed negotiations.
Charlie Elphicke (Dover) (Con)
In seeking a clean Brexit, we will want to be as flexible as possible in negotiating the continuation of our membership of a free trade area, but does the Secretary of State agree that such an agreement might not be forthcoming and that therefore we must be prepared for a situation in which some form of duties might be necessary? Does he also agree that it is perfectly possible in the modern era, with digital technology, to have the border as a part of the journey, rather than a hard border of old?
Chris Bryant (Rhondda) (Lab)
Mr Davis
I am not going to say definitely no to the hon. Member for Rhondda (Chris Bryant); on the contrary. He knows my prejudices—I think that is probably the right word—but it is for Parliament to decide what Parliament wants to do. The essential responsibility for the negotiation is quite properly the Government’s, and the Opposition—indeed, everyone in the House—will hold us to account for that. Nevertheless, the hon. Gentleman is right that there is a role for Parliaments to talk to other Parliaments about the joint interests of their constituents, and in that respect he has my support.
Callum McCaig (Aberdeen South) (SNP)
Stuart Blair Donaldson (West Aberdeenshire and Kincardine) (SNP)
The Secretary of State for Exiting the European Union (Mr David Davis)
We will make the status of EU nationals in the UK, and of UK nationals in the EU, a priority for the negotiations. I think that we can all agree that this is the right and fair thing to do. The Prime Minister has already set out that we tried to achieve an early agreement on this issue with our EU partners. We will continue to do so. We also want to ensure that our immigration framework operates in the best interests of all parts of the United Kingdom, and we are working closely with the devolved Administrations to achieve that. For example, the Joint Ministerial Committee, which I chair, carefully considered the Scottish Government’s paper “Scotland’s Place in Europe” last week. We have made it clear that we intend to protect the existing rights enjoyed by UK and Irish nationals when in the other state, and to maintain existing border arrangements provided by the common travel area. None the less, immigration is a reserved matter.
Stuart Blair Donaldson
If the Government are not going to guarantee residency rights for EU nationals, may I ask what assessment have they made of the impact on the economy and public services of an exodus of EU nationals and the return of thousands of retired British immigrants?
Mr Davis
We do not intend to pursue a policy that will lead to that. There is a real issue at the heart of this, but the process is not helped by the slightly holier than thou stance of the Scottish National party. Perhaps the House should be reminded of the words of Nicola Sturgeon during the independence referendum in 2014. She said:
“We have set down a robust and common sense position. There are 160,000 EU nationals from other states living in Scotland, including some in the Commonwealth Games city of Glasgow. If Scotland was outside Europe”—
after independence—
“they would lose the right to stay here.”
I will deal with the issue properly.
Mr Christopher Chope (Christchurch) (Con)
Can my right hon. Friend explain why so many EU nationals who start off in Scotland end up in England?
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
The Prime Minister will today meet an American President who champions torture and is proud to discriminate against Muslims. Does the Secretary of State agree that it is therefore even more important that this Government should send the strong moral message that goods and chattels are bargaining chips, but human beings are not? Will he confirm the residency rights of EU nationals?
Mr Owen Paterson (North Shropshire) (Con)
At a conference on Brexit in Berlin at the weekend, the uncertainty facing EU nationals who are resident in the UK was made very clear. The Prime Minister’s comments were immensely welcome. Would it be possible for this issue to be resolved as rapidly as possible in the negotiations?
Mr Davis
The Prime Minister has made it plain that she has already tried to get agreement among all the member states. Most of them agree, but one or two of them do not, and we have to keep pressing, as we will, to resolve this as quickly as possible. I hope that EU nationals who are currently here will take heart from what we are saying. Our intention is to give them the guarantees that will also apply to British citizens abroad.
Mr Douglas Carswell (Clacton) (UKIP)
The Secretary of State for Exiting the European Union (Mr David Davis)
The Prime Minister’s speech set out the negotiating priority to ensure that the UK is one of the best places in the world for science and innovation. As part of the negotiations, the Government will discuss with EU member states how best to continue co-operation in the field of clinical trials. In respect of the hon. Gentleman’s question, the UK successfully applied sustained pressure to reform the current directive in the best interests of patients and business. We will follow the EU rules until the point of exit, and those new rules will come into effect shortly. The great repeal Bill will convert EU law as it applies, including EU regulations, into domestic law on exit. If needs be, we can reform the regulations after that.
Mr Carswell
Given the harmful effect of EU directives on clinical trials and science in the UK, when the time comes to write our own rules will the Secretary of State undertake to listen to some of the clinical practitioners and scientists, not just the big corporate vested interests whose business model depends on having an army of lobbyists in Brussels?
Mr Davis
The short answer is absolutely. The hon. Gentleman is right that the original clinical trials directive was a very poorly drafted piece of EU regulation that has certainly increased the burden of undertaking such trials and, if I remember correctly from my own constituency, particularly small trials. [Interruption.] Yes, and those are exactly the sort of people he is talking about. Their views will be taken very seriously in the new regime after leaving.
Mr David Nuttall (Bury North) (Con)
Since the referendum both the US biotech company Alnylam and GlaxoSmithKline have announced that they are making very substantial investments in the UK. Does my right hon. Friend agree that this demonstrates that, even after we leave the European Union, we will still be a very competitive place for biotech companies to do business?
Mr Davis
My hon. Friend is exactly right. I recently went to see some of those biotech companies in Cambridge, and one of the problems with people who talk the country down and talk these industries down is that they underestimate the extent to which pharmaceuticals, life sciences, finance and software are fantastically powerful British industries in which we already have a huge critical mass of talent, which will continue into the future.
Sir Simon Burns (Chelmsford) (Con)
The Secretary of State for Exiting the European Union (Mr David Davis)
The Prime Minister was clear in her speech that she wants to guarantee the status of EU citizens who are already in Britain and our nationals in the EU as early as she can. As I have said, she has already tried to get mutual agreement, and we will continue to try to get it.
Sir Simon Burns
Does my right hon. Friend agree that that answer is extremely welcome because there is genuine and widespread concern on this issue? What problems is he encountering with a few member states that are stopping a reciprocal agreement being arrived at now?
Mr Davis
Truth be told, I am not 100% sure of the actual problems. In the run-in to these negotiations, the Commission and some member states have taken a very stern stance on no negotiation before notification, and they may think that such an agreement is trying to pre-empt that. That is not the intention; the intention is to act in the interests of European citizens, which after all should be the principal aim of the European Union.
Wes Streeting (Ilford North) (Lab)
Those problems notwithstanding, there are many talented people from the European Union who have made an enormous contribution to the economy and the cultural life of our country. Surely the right hon. Gentleman agrees that he does not need an agreement with other EU member states. There is going to be an agreement, and he would get a lot of good will from the public and from our partners across the European Union if he unilaterally made that commitment today.
Mr Davis
I thank the hon. Gentleman for the tone in which he put his question, but we have a dual responsibility. We have a responsibility within our own country to maintain a high moral stand in what we do—I see this as a moral question—and, on the other hand, we also have a responsibility to our citizens abroad, and it is a legal responsibility as well as a moral one. We will get this resolved, and I give him an undertaking that we will resolve it as fast as we possibly can.
Vicky Foxcroft (Lewisham, Deptford) (Lab)
The Secretary of State for Exiting the European Union (Mr David Davis)
We recognise that the large majority of trade agreements involve some form of dispute resolution or enforcement mechanism, and there are a range of models for dispute resolution mechanisms in international trade agreements. We have been clear that we will bring an end to the jurisdiction of the European Court of Justice in the United Kingdom. The dispute resolution mechanisms adopted as part of our future trading relationship with the EU and other international parties will be a matter for negotiation.
Vicky Foxcroft
The Prime Minister has said that she wants a comprehensive free trade agreement with the EU and that, in future, our laws will be interpreted by British judges in British courts, but every comprehensive free trade agreement has some sort of independent trade dispute resolution mechanism. Does the Secretary of State agree that this sort of inconsistency needs to be ironed out by rigorous parliamentary scrutiny of the Prime Minister’s plan?
Mr Davis
It is not an inconsistency but a lack of understanding on the part of the Opposition. As I have said, there are a range of models and a large number of international trade agreements with arbitration mechanisms, but they are just that. They are agreed arbitration mechanisms; they are not mechanisms that bring the influence of the European Court into all parts of British society—that is what is going to be resolved by leaving the European Union.
Craig Williams (Cardiff North) (Con)
William Wragg (Hazel Grove) (Con)
The Secretary of State for Exiting the European Union (Mr David Davis)
As the Prime Minister said, we will put the final deals agreed between the UK and the EU to a vote in both Houses of Parliament. We have always said that we will observe the constitutional and legal obligations that apply to the final deal. As I have said many times, we will keep the House informed throughout the process.
William Wragg
Will my right hon. Friend confirm that both Houses of Parliament will have several opportunities to vote on a wide range of legislation determining substantial policy decisions as we exit the EU?
Mr Davis
My hon. Friend is absolutely right. The article 50 Bill will be introduced imminently. A great repeal Bill is to be introduced in the next Session—an important piece of legislation that will ensure that all EU law is converted into UK law, including on issues such as workers’ rights and environmental regulations, which I would have thought would matter to the Opposition. There will be subsequent legislation on those and other issues. But that is just the beginning. Exiting the European Union will give this Parliament control of its own laws again. Decisions on policy will be taken here, not in the European Union, and we will be back to being a free country again.
Mr Speaker
I call Brendan O’Hara. Where is the chappie? Extraordinary fellow. Tasmina Ahmed-Sheikh.
The Secretary of State for Exiting the European Union (Mr David Davis)
The Government will shortly introduce a straightforward Bill to enable us to trigger the EU exit mechanism. The question is not about whether we should leave—that decision was taken on 23 June—but about respecting the referendum result and doing what the majority of people in the country want: to get on with the job of making a success of our new position in the world. The Prime Minister has been clear about what she seeks to achieve and has set out a bold, ambitious plan to build a global Britain that the whole UK can get behind.
Ms Ahmed-Sheikh
In the Prime Minister’s speech at Lancaster House on 17 January, she promised to
“put the preservation of our precious Union at the heart of everything we do.”
Given that we are told that this is a Union of equals, what formal role will be given to the devolved Administrations when the UK negotiates its new relationship with the EU?
Mr Davis
The formal role is already in place. We have a Joint Ministerial Committee at which the Scottish Government is represented, and representatives from the Northern Ireland Executive and the Welsh Government also attend. We have had three meetings so far and have another meeting on Monday in Cardiff and another in early February. We are taking formally the papers submitted by the Scottish and Welsh Governments, and we will take them on board. The point that we have made throughout the process is that the negotiation is sophisticated and complex and will be difficult. It must be done under a single banner, but it will be done in a way that reflects and protects the interests of all parts of the United Kingdom.
Chris Davies (Brecon and Radnorshire) (Con)
Keir Starmer (Holborn and St Pancras) (Lab)
Now that we have a commitment to a White Paper, the role of Parliament in the article 50 process needs to be determined, which is why Labour will seek to table an amendment to the proposed article 50 Bill to require the Secretary of State to lay before the House periodic reports, at intervals of no less than two months, on the progress of the negotiations under article 50. Will the Secretary of State commit now to the principle of periodic reports? [Interruption.]
Mr Davis
From behind me I hear, “Like he’s not going to do that.” The hon. and learned Gentleman says two months. Since September, over five months, I have made five statements in front of this House, participated in 10 debates, and appeared in front of a number of Select Committees. That process will continue. I suspect that two months will be a rather unambitious aim.
Keir Starmer
The role of Parliament at the end of the exercise will also be important. The Prime Minister has said that MPs will have a vote on the final agreement. Will the Secretary of State today state categorically that MPs in this House will have no less involvement in the process and no less a say over the final article 50 agreement than MEPs in the European Parliament?
Jeremy Lefroy (Stafford) (Con)
Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)
Mr David Davis
That is all very well, but the complete premise of the question is wrong. That is not what the Health Secretary said; he was misreported and misinterpreted. What I will say to the hon. Lady is this: what we will be doing is, first, putting the clinical safety of the British people at the front of the priority list, and then looking after the interests of British industry, particularly biosystems and life sciences, in which we are a world leader now and will continue to be after we leave.
Ben Howlett (Bath) (Con)
As chair of the all-party group on rare, genetic and undiagnosed conditions, I know that the issue of clinical trials is a big one for patients, as they are concerned that exiting the EU will mean that nothing will replace those trials. Will my right hon. Friend assure the House and those patients that the trials will be replicated as soon as we leave the EU?
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
In response to an earlier question, the Secretary of State said that we needed both flexibility and imagination in tackling these complex negotiations. My manufacturing sector and my university want competence, and they are worried about the competence of the team sitting on that Government Front Bench to carry out the negotiations thoroughly.
Mr Davis
I had better deal with this one.
Interestingly, if we look at the response around Europe to the Prime Minister’s speech about competence, we see, for example, that the Spanish Secretary of State for Foreign Affairs, whom I saw only a couple of weeks ago, welcomed it widely and said that we had an eminently achievable aim in everybody’s interests.
Robert Courts (Witney) (Con)
In my constituency, we are lucky to see the excellent Airbus A400M as it flies from RAF Brize Norton. Does my right hon. Friend agree that this is an excellent example of defence co-operation between Britain and her European allies, and that such defence co-operation will continue when this country leaves the European Union?
Article 50
David Davis Excerpts(7 years, 3 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for Exiting the European Union (Mr David Davis)
With permission, Mr Speaker, I will now make a statement on the Government’s response to today’s judgment by the Supreme Court.
This Government are determined to deliver on the decision taken by the people of the UK in the referendum granted to them by this House to leave the EU, so we will move swiftly to do just that. I can announce today that we will shortly introduce legislation allowing the Government to move ahead with invoking article 50, which starts the formal process of withdrawing from the EU.
We received the lengthy 96-page judgment just a few hours ago, and Government lawyers are assessing it carefully, but this will be a straightforward Bill. It is not about whether or not the UK should leave the EU. That decision has already been made by the people of the UK. We will work with colleagues in both Houses to ensure that this Bill is passed in good time for us to invoke article 50 by the end of March this year, as my right hon. Friend the Prime Minister has set out. That timetable has already been supported by this House.
Let me go through the issues step by step. The Government’s priority following the European Union referendum has been to respect the outcome and to ensure it is delivered in the interests of the whole country. This House voted by six to one to put the decision in the hands of voters, and that Bill passed in the other place unopposed. So there can be no going back: the point of no return was passed on 23 June last year. The Government have always been clear that we must leave by following the process set out in article 50 of the treaty on European Union. People want and expect us to get on with implementing the decision that was made.
Let me now turn specifically to the process for invoking article 50 and the issues that arise from today’s Supreme Court judgment. The Government’s view, which we argued in both the High Court and subsequently the Supreme Court, was that it was constitutionally proper and lawful for the Government to begin to give effect to the decision of the people by the use of prerogative powers to invoke article 50. Today, the Supreme Court has agreed with the High Court’s judgment that the prerogative power alone is insufficient to give notice under article 50, and that legislation is required to provide the necessary authorisation for this step.
In addition, the Supreme Court considered the roles of the devolved legislatures in the process of triggering article 50. On this, the Supreme Court ruled—and I quote from the summary:
“Relations with the EU and other foreign affairs matters are reserved to UK Government and parliament, not to the devolved institutions.”
The summary goes on to say:
“The devolved legislatures do not have a veto on the UK’s decision to withdraw from the EU.”
I will come back to our collaboration with the devolved Administrations later in this statement.
The Government have been giving careful thought to the steps that we would need to take in the event of the Supreme Court upholding the High Court’s view. First, let me be clear that we believe in and value the independence of our judiciary, the foundation on which the rule of law is built. So, of course, it goes without saying that we will respect the judgment. Secondly, as I have already made clear, the judgment does not change the fact that the UK will be leaving the European Union, and it is our job to deliver on the instruction that the people of the UK have given us.
Thirdly, we will within days introduce legislation to give the Government the legal power to trigger article 50 and begin the formal process of withdrawal. It will be separate from the great repeal Bill that will be introduced later this year to repeal the European Communities Act 1972. It will be the most straightforward Bill possible to give effect to the decision of the people and respect the Supreme Court’s judgment. The purpose of the Bill is simply to give the Government the power to invoke article 50 and begin the process of leaving the European Union. That is what the British people voted for, and it is what they would expect. Parliament will rightly scrutinise and debate this Bill, but I trust that no one will seek to make it a vehicle for attempts to thwart the will of the people or to frustrate or delay the process of our exit from the European Union.
Fourthly, our timetable for invoking article 50 by the end of March still stands. That timetable has given valuable certainty to citizens and businesses in the UK and across Europe. It is understood by our European partners, and provides a framework for planning the negotiation ahead. This House itself backed the timetable by a majority of 373 in December, so we look forward to working closely with colleagues in Parliament to ensure that the legislation on article 50 is passed in good time to allow us to invoke it by the end of March, as planned.
The Government’s fifth and final principle for responding to this judgment is to continue to ensure that we deliver an exit that is in the best interests of the whole of the United Kingdom. The Supreme Court has ruled clearly in the Government’s favour on the roles of the devolved legislatures in invoking article 50. But while that provides welcome clarity, it in no way diminishes our commitment to work closely with the people and Administrations of Wales, Scotland and Northern Ireland as we move forward with our withdrawal from the European Union.
Let me conclude with a word on what today’s judgment means for the UK and the nature of our democracy. I know that this case, on an issue of such importance that arouses strong views on all sides, has not been without controversy, but the Court was asked a question, a proper, thorough and independent process was gone through, and it has given its answer in law. We are a law-abiding nation; indeed, the UK is known the world over for the strength and independence of its judicial system. We will build on this and our many other strengths as we leave the European Union. We will once again be a fully independent, sovereign country, free to make our own decisions.
The Prime Minister has already set out a comprehensive plan, including our core negotiating objectives. She has been clear that we want a new, positive and constructive partnership for the UK and the EU—a partnership that will be good for the UK and for the rest of Europe.
Today, we are taking the necessary step to respect the Supreme Court’s decision by announcing a Bill. It will be up to this Parliament to respect the decision that it entrusted to the people of the United Kingdom—a decision that the people took on 23 June. I commend this statement to the House.
Mr Speaker
Order. The right hon. Gentleman should resume his seat. The House is in an understandably excited and excitable state. What I want to say to colleagues is that they do not need to look into the crystal ball when they can read the book. Members should know by now that I always want to facilitate the fullest possible questioning and scrutiny, and it is right that that should happen, but it is also right that, when the Secretary of State is responding to questions, he is given a fair and courteous hearing.
Mr Davis
The Prime Minister was aiming to carry out the will of the people—all 17.4 million of them—in the national interest. That was what she was doing. Let me pick up on the point that the hon. and learned Gentleman quite properly raised: the issue of our judges. I think that I mentioned at length three times in my statement that this is a nation of the rule of law, a nation to which the independence of the judiciary is important, and a nation that is watched by other countries as an example for themselves. Of all the people he could criticise, I do not think that I am at the front on this issue.
Similarly, on the parliamentary process, there has been an interesting litany through this whole process over the past six or seven months. Every time I get up, I say that I will give the House as much information as possible subject to not undermining the national interest or our negotiating position. That is what we have done and that is what we will continue to do—not just through this Bill, but through the great repeal Bill, subsequent primary and secondary legislation, and the final vote at the end, which we have promised.
The hon. and learned Gentleman mentioned membership of the single market, putting to one side of course that that membership means giving up control of borders, laws and rules, on all of which the Labour party is singularly incapable of even making a decision let alone coming up with a policy. He also talked about a plan. Last week, the Prime Minister gave a 6,500-word, closely argued speech that has been recognised across the country and around Europe as the epitome of clarity with clear objectives, aims and ambitions for this country, so I do not take that point at all.
On scrutiny more generally, we have now had, I think, five statements, 10 debates, and some 30 different Select Committee inquiries. I hardly think that all that in six months represents an absence of scrutiny of a central Government policy. The hon. and learned Gentleman does not often surprise me, but for the ex-Director of Public Prosecutions to say that taking a matter to the Supreme Court is a waste of time strikes me as quite extraordinary. I have made this point several times over the past few months: once the process has started, a reason for taking it the full distance is to get the most authoritative and clearest possible guidance on a major part of our constitution. Yet again, the hon. and learned Gentleman has not advanced the knowledge of the House very much, but I look forward to the contributions of other Members.
Mr Kenneth Clarke (Rushcliffe) (Con)
Has my right hon. Friend had the opportunity to note that my recently published memoirs are cited with approval in paragraph 195 of the judgment? Does he share my surprise that that is a minority dissenting judgment?
More seriously, does my right hon. Friend accept that parliamentary sovereignty has always meant that Governments of the day pursue broad policy objectives in the national interest and quite willingly submit them to the judgment of the House, through both debates and votes, and that they proceed with broad policy objectives only when they have the support of a majority in the House of Commons? Will he give me the Government’s assurance that the Bill will be drafted on the basis that it improves opportunities for Parliament to give or withhold its consent to major policy objectives and that the Government will pursue that approach in future years? Having one vote right at the end of the process, when the House will be told that it either takes the deal that the Government have or goes into the alternative chaos of having no agreements with the EU or anybody else, is not a good substitute for the normal tradition of Parliament consenting to the policy aims of the Government of the day.
Mr Davis
My right hon. and learned Friend and I have been skirmishing over this issue for, I think, some 30 years, always with good humour, and I hope to respond to him in the same vein today. He repeated on television earlier today that characterisation of what the Government are proposing, so let us look at it. As I said, we have already had 10 debates and vast numbers of other arguments, but this is what is going to happen: first, we will have a Bill to authorise the triggering of article 50; then we will have a great repeal Bill whereby we go through the entire corpus of European law as it applies to the United Kingdom, which I should think will go on for a considerable amount of time; and then we will have primary legislation on major policy changes and secondary legislation, all put before both Houses. There will not be just one vote. At the end of the process, we will have the vote that eventually decides whether or not the House supports the policy we propose. Let me make it plain: that policy will be aimed solely at advancing the interest of the United Kingdom—getting the best possible negotiated outcome that we can achieve, having taken on board the informing debate of this House of Commons throughout the entire two years running up to it.
Stephen Gethins (North East Fife) (SNP)
First, I welcome the judgment and anything that strengthens parliamentary scrutiny of this process. There was a time, back in the dim and distant past, when the Secretary of State was a great champion of parliamentary scrutiny, so I am sure that, deep down inside, he welcomes the judgment as well.
I wonder why the Government fear parliamentary scrutiny. Is it because they might be found out? Is it because we will find out that the emperor in these circumstances has no clothes? They talk of democracy, but I gently remind the Secretary of State that in Scotland at the general election, the Conservatives got their worst result since 1865. They have one MP.
We are told today that this is a political decision, and as a political decision on the role of the devolved Administrations I hope that this Parliament and this Government will continue not to legislate on areas that are the responsibility of the Scottish Parliament without its consent. Today’s judgment said that this process should enhance devolution. If that is the case, will the Secretary of State tell us today that no powers will be returned from the Scottish Parliament to Westminster during the course of this process, and will he seek consent from the Scottish Parliament before legislating in areas over which it has responsibility?
Mr Davis
Again, I am surprised. I would have thought that, of all people, the Scottish National party attached great importance to the results of elections to the Scottish Parliament, in which last time the Scottish Conservative party came second under the estimable Ruth Davidson.
To the main point of the hon. Gentleman’s question, I want to make two responses. First, the process we have gone through with all the devolved Administrations—the joint ministerial process—has been going on for some months now, and at the very last monthly meeting we had a presentation from Mike Russell, the Scottish Government Minister, on the Scottish Government’s proposals. We disagreed with some and agreed with some absolutely—for example on the protection of employment law—and some we will debate in the coming weeks and months, most particularly on the point the hon. Gentleman raised: the question of devolution and devolved powers.
The hon. Gentleman knows that I am a devolutionist. I can say to him firmly that no powers existing in the devolved Administrations will come back, but there will be powers coming from the European Union and we will have to decide where they most properly land, whether that is Westminster, Holyrood or wherever. The real issue there is the practical interests of all the nations of the United Kingdom—for example, preserving the single market of the United Kingdom and the United Kingdom’s ability to do international deals. There is a series of matters that are just as important to the ordinary Scot as they are to the ordinary English, Welsh or Northern Irish citizen, and that is what we will protect.
Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)
The very fact that this was a split judgment shows that our right hon. Friend the Prime Minister was absolutely right to take the case all the way to get a full decision. I ask the Secretary of State to resist our right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) and not to overcomplicate this matter. After all, the question is: should the Government trigger article 50? I urge the Secretary of State, when he brings the Bill to Parliament, to keep it short, to keep it simple and, most of all, to keep it swift?
Mr Davis
Well, we will certainly keep it straightforward. My right hon. Friend is right: this was—is—a unique circumstance in many ways. It is unique in terms of the importance to the United Kingdom, but also unique in the fact that it is carrying out the will of 17.5 million people who voted directly—something that has never happened before in our history—so it was important to take the matter to the Supreme Court to get the full judgment. I give him this undertaking: I will do everything in my power to make sure that the measure goes through swiftly, and that while it is properly scrutinised, it is a simple and straightforward Bill that delivers the triggering of article 50 by 31 March.
Hilary Benn (Leeds Central) (Lab)
Having argued in court that Parliament should not decide on the triggering of article 50 and lost, will the Secretary of State accept the unanimous recommendation of the Select Committee on Exiting the European Union—and in the process agree with himself before he got his present job—and now publish a White Paper on the Government’s objectives so that they can be considered alongside the legislation that he has just announced? If the Government do not do so, they will be showing a lack of respect for this House of Commons.
Mr Davis
I do not often disagree with myself, but let me say this to the right hon. Gentleman: the speech given last week by the Prime Minister was the clearest exposition of a negotiating strategy that I have heard in modern times. It laid out clearly what we judge the national interest to be and how we intend to protect it, what we want to do, and what we hope does not happen and how we will avoid that. I do not see that this Government have avoided answering any question, whether from his Committee or from Opposition Front Benchers. The only questions that we have been unable to answer are those that it would be to the disadvantage of the country to answer, because that would undermine our negotiating strategy.
Let me give the right hon. Gentleman one example. A couple of weeks ago, my opponent, as it were, the hon. and learned Member for Holborn and St Pancras (Keir Starmer), said on Channel 4, “What we want to know is whether the Government will pay for access to the single market and how much they’ll pay.” If anything would undermine the negotiating position, that would. It is precisely that sort of thing that we are going to avoid. We will continue to give information to the House. I gave the Brexit Committee an undertaking that we will give at least as much information as will go to the European Parliament—indeed more, I think. We will continue to keep the House informed throughout the entire process, which is not going to be over in a few weeks—it will last two years—and the House will be as well informed as it has been on any matter of such importance.
Sir William Cash (Stone) (Con)
The Supreme Court this morning ruled that the form of the Bill is
“entirely a matter for Parliament.”
The judgment also indicated that the issues before the Supreme Court have nothing to do with the
“political…merits of the decision to withdraw, the timetable and terms of so doing, or…any future relationship between the UK and the EU.”
Will my right hon. Friend confirm that, in relation to any potential amendments, the Bill itself will be short and tightly drawn to give effect exclusively to the Supreme Court decision?
Mr Davis
The short answer is yes. My hon. Friend cites paragraph 122 of the decision and the Court’s commentary. The purpose of the Bill is to meet the requirements of the Supreme Court to deliver the instruction from the nation at large and to do so in the national interest. That entails a straightforward, easily comprehensible Bill so that the country at large can see what Parliament is doing and what decision it is visiting on the Government.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I agree with the Secretary of State that Parliament must respect the result of the referendum, but I hope that he agrees that the Government do not have a blank cheque from either Parliament or the public on what kind of Brexit they now pursue. He says that there will be votes in the process. Given that the Government have said they are ruling out being in the customs union, the common external tariff and the common commercial policy, and that, as he knows, there are strongly held views on different sides about the impact that that will have on our manufacturing industry, which will be crucial to our future, can the right hon. Gentleman say when he will give Parliament a vote on that decision?
Mr Davis
I would say a couple of things to the right hon. Lady. First, we are asked on the one hand to tell the House what our plan is, and then we are told, “Oh, but we don’t like that, so we want a debate or a White Paper”—[Interruption.] No, it is fine; I perfectly understand the argument. The simple truth is that there will be any number of votes—too many to count—in the next two years across a whole range of issues. For example, I can see the sort of issue she is raising coming up in the great repeal Bill, in subsequent primary legislation, and perhaps even in subsequent major secondary legislation as well. I am quite sure there will be a number of votes on that subject in the next two years.
John Redwood (Wokingham) (Con)
If someone votes against sending the article 50 letter, are they not voting against restoring the very parliamentary sovereignty that they call in aid? Do not the British people want a proper Parliament, rather than a puppet Parliament answering to Brussels, and does that not require sending the letter soon?
Kate Hoey (Vauxhall) (Lab)
Does the Secretary of State accept my view that the public want us to get on with this and actually carry out what they voted for? Does he also accept that while they will not look lightly on amendments that are tabled, particularly by parties that actually want another referendum, to delay things unnecessarily, they do perhaps want amendments that clarify the situation and make us all more aware of the Government’s intentions?
Mr Davis
The hon. Lady, as ever, goes right to the heart of the matter. The public will not view well attempts to thwart, delay or confuse this process. They will view well attempts to elucidate what is going on, to promote the national interest, to help the negotiating position and so on, and that is entirely what the Government are going to do.
Anna Soubry (Broxtowe) (Con)
There is a genuine desire, I believe, for people to come together, to support the Government, to build a consensus and to get the best deal possible. The reality is that we have abandoned the single market and the free movement of people without any debate in this place, never mind a vote.
Anna Soubry
Well, there was one question on the paper: leave or remain. We are leaving the European Union—that is accepted.
I take my right hon. Friend the Secretary of State as a man of his word. When I voted for the two-part motion in December, I did not agree with triggering article 50 at the end of March, but I voted for the motion in the spirit that we would have a plan—I would like a White Paper—that we could debate. That would bring us together. What does my right hon. Friend have to lose by having a debate on a White Paper?
Mr Davis
Let me say this to my right hon. Friend, who passionately holds a well-formed view on these matters. First, in terms of bringing people together, a large part of the Prime Minister’s speech was aimed at creating a sense of this country that everybody can get behind, ranging from the protection of employment rights through to our role in the world, all of which is very important. Secondly, the Prime Minister laid out an incredibly clear future and a future approach for us, so I think that she did everything one could ask of a Prime Minister to deliver on our undertakings.
My right hon. Friend the Member for Broxtowe (Anna Soubry) talks about things that were not on the ballot paper. What was on the ballot paper was leaving the European Union. I am afraid that it is very difficult to see how we can leave the European Union and still stay inside the single market, with all the commitments that go with that. What we have come up with—I hope to persuade her that this is a very worthwhile aim—is the idea of a comprehensive free trade agreement and a comprehensive customs agreement that will deliver the exact same benefits as we have, but also enable my right hon. Friend the Secretary of State for International Trade to go and form trade deals with the rest of the world, which is the real upside of leaving the European Union.
Mr Pat McFadden (Wolverhampton South East) (Lab)
Last week in her speech, the Prime Minister said:
“the Government will put the final deal that is agreed between the UK and the EU to a vote in both Houses of Parliament, before it comes into force.”
The article 50 negotiation is not the final deal—the final deal is the future trading agreement between the UK and the EU—so can the Secretary of State confirm that Parliament will get a vote on both the article 50 agreement and, as the Prime Minister said, the final deal? What will happen if Parliament says no to the terms of either of those agreements?
Mr Davis
The answer to the right hon. Gentleman’s overall question is yes—we are standing by both those votes and we will continue to do so. But I reiterate again that the point is that they will not be the only votes; there will be a large number of other votes in between. Labour Members can ignore it till the cows come home, but the simple truth is that they are going to have many, many, many votes on many different policy areas after extensive debate on primary legislation. So the answer is that Parliament will have a great influence on this process, and it will have the final say. That is democracy in action.
Mr Owen Paterson (North Shropshire) (Con)
Further to that last reply, my right hon. Friend has given us admirable clarity on article 50 and the timetable. Could he give us a little more information on his current thoughts about the timetable for the great repeal Bill?
Mr Davis
That Bill will be in the Queen’s Speech, it will be presented to the House very soon thereafter and I expect it to be debated extensively. I think that it will be the centrepiece and the start of a major debate about the nature of this country and the future, so it is important to get it in front of the House very early.
Caroline Lucas (Brighton, Pavilion) (Green)
The final vote offered by the Government on the negotiated package will not be meaningful unless they also guarantee that, if there is a vote against the withdrawal treaty, we will have an option to continue talks with the EU for a better deal, rather than simply falling out with no deal at all. Can the Secretary of State guarantee that we will have that vote in time for such further discussion to happen?
Mr Davis
That is of a piece with those arguments that say that we want to have a second referendum so that we can revisit this. What it does is to give a prize to somebody who is trying to put up the worst possible negotiation for us. There are plenty of members of the European Union that want to force us into changing our mind and going back inside, and we do not want to do anything that allows or encourages that to happen. The hon. Lady is not right to say that the vote is meaningless; for a start, the Select Committee and the Opposition both asked for it. In addition, it will be—I repeat this again—the last of many, many, many votes and debates on major legislation.
Dr Julian Lewis (New Forest East) (Con)
Hard Brexit means saying that one is going to leave the European Union and actually doing it. Soft Brexit means saying that one is going to leave the European Union and remaining in all but name. Which course do the Government intend to follow?
Emma Reynolds (Wolverhampton North East) (Lab)
Can the Secretary of State guarantee that this House will have the ability to scrutinise and vote on the agreement between the UK and the EU27 at the same time as that agreement is put before the European Parliament?
Mr Davis
I repeat again that the House will have that opportunity over and over and over again, on a whole series of primary legislation and secondary legislation and, finally, with the vote itself. I have not given a great deal of thought to how the timing of that will coincide with the European Parliament, but I will do so and write to the hon. Lady.
Mr Dominic Grieve (Beaconsfield) (Con)
My right hon. Friend will be aware that in the course of the court case the Government laid great stress on the irrevocability, in their opinion, of article 50. In those circumstances, I am sure he can understand that the problem facing the House is that in triggering article 50, that irrevocability has to be matched against the excellent words of my right hon. Friend the Prime Minister in setting out a plan that envisages a future relationship with the European Union from outside of it. Will he therefore keep in mind that the debate on article 50 is likely to be greatly facilitated if the ideas expressed by the Prime Minister are put into a White Paper, or similar document, to which reference can be made in the triggering of article 50, without fettering the Government’s discretion in their negotiations thereafter, because ultimately, as he may agree, this comes down to an issue of trust? If the Government can build that trust, they will greatly facilitate their task, and, if I may say so, those such as myself who wish to help them in what they are trying to achieve.
Mr Davis
My right hon. and learned Friend—my old friend—tempts me down a certain route, but I will answer him in these terms. In the case, the argument put by the Government did not depend on the irrevocability or otherwise of the legal issue in front of us; it depended on the fact that we view the irrevocable moment as being 23 June last year, and that it is not in the gift of the Government to change their mind, so we have already passed the point of no return. In terms of information, I have said over and over again that I will provide what information I can, and as much information as I can, without undermining our negotiating position, and I will continue to do so throughout the article 50 process and beyond.
Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)
We all know that negotiations are two-way processes, and we accept that our European partners may not be able to agree on anything until the German and French elections are out of the way. In the meantime, however, there is a logic to why article 50 should be triggered by the end of March. It has to do with a two-year process, so that by the time of the next European elections we will have completed the process. It is important to remind not just colleagues in this House but probably colleagues in the other House that there is a logic to an end of March date.
Mr Davis
The right hon. Lady, as ever, gets to the point of the matter. There are many reasons for triggering by the end of March. There are the rather obvious ones: the public want us to get on with it, and that includes remainers as well as leavers in terms of the original vote. There are practical reasons of business uncertainty: the longer we spin this out, the more difficult it is for businesses and workers in terms of their own futures. She is also right that it fits very neatly, as a sort of sweet spot, into delivering an outcome that is in our interests within the European timetable. The House should understand that there are roughly 15 elections between now and the end of the process, and then there is the European parliamentary election, which, if we get too close to it, could compromise the vote at the end. There is a whole series of reasons why the end of March is incredibly important. It is not an arbitrary date—it is designed to uphold the strength of the negotiations, so she is right on the nail.
Alistair Burt (North East Bedfordshire) (Con)
As one who campaigned to remain in the European Union, I welcome the decision of the Court today, which gives me the opportunity to say that I accept the result of the referendum and I will vote for the Bill triggering article 50. Let me also say, at the risk of repetition, that it would help still further the authority of the House, and the authority with which the Prime Minister goes into the negotiations, if the Secretary of State took on board the unanimous view of the Select Committee, and the view expressed by its Chairman and others, that the way in which the Prime Minister set out the plan, with her clarity of expression, is only enhanced, and that the work of the House, which is endorsed by the Supreme Court judgment, is equally enhanced by the publication of a White Paper, with the opportunity to debate and cover a number of things that the Bill cannot itself cover.
Mr Davis
I thank my right hon. Friend for the tone of his very good question. The issue here is not information. I have said over and over again that I will provide as much information as is consistent with the House’s previous motions on this, while not undermining our negotiating position, and that is what we will do. We will provide as much information as possible, but people should bear in mind that the article 50 Bill is going to be presented quite quickly to the House, so we do not have a great deal of time either.
Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)
Today’s Supreme Court ruling is a victory for transparency and openness, but a half-hour speech by the Prime Minister outside this House, with a couple of questions for the media, is no substitute for parliamentary scrutiny. Will the Secretary of State please take on board the views of Members in all parts of this House and bring forward a White Paper, which will unite this House in order to forge a way forward?
Mr Davis
I have been at this Dispatch Box, on statements alone, five times in the past five months, and I am at great risk of boring the House. I will just repeat to the hon. Lady what I have said already: we will deliver the maximum possible information and the maximum possible debate.
Nicky Morgan (Loughborough) (Con)
This House should be grateful to both the Supreme Court and the High Court for asserting parliamentary sovereignty and allowing us to have a say on the article 50 process. I agree with my right hon. Friend the Member for North East Bedfordshire (Alistair Burt), who has said that he will vote in favour of article 50—I will too. In the spirit of the question by my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith), who called for a swift passage of the Bill—I agree with him—does the Secretary of State agree that when the House voted for the motion in December, it was not just in relation to the 31 March deadline but in relation to the publication of a plan? I suggest to him that the passage of the Bill will be swifter if a White Paper is published and debates happen on that, too, and the article 50 process is separate.
Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
In 2014 in Scotland, we were told we were a powerhouse Parliament and an equal Parliament in the UK. We know from this morning that we are not the equal of Wallonia and Belgium, and we will not be consulted on Brexit. With the turbo-charged cowardice of the leader of the Labour party, it is clear that Scotland will now be taken out against our will. As the UK Government pursue Brexit, Scotland must take the opportunity of an independence referendum. Meantime, as the Scottish Parliament is not being consulted, will at least the views of Scottish Members of Parliament in this House be taken into account and respected?
Mr Davis
My answer to the hon. Gentleman—another old friend—is, “Of course.” I have spent a very great deal of time speaking directly to the Scottish Government, and the Welsh Government and the Northern Irish Executive too. I consider it incredibly important that in this process we protect the interests of the people he represents—the people of Scotland—in this negotiation.
Crispin Blunt (Reigate) (Con)
I welcome the Secretary of State’s commitment to giving as much information as he can to the House and its Committees. Given that, could he explain why the Government are not providing any evidence to the Foreign Affairs Committee’s inquiry into the practical consequences of leaving the European Union after two years with no agreement in place—an outcome that is a distinct possibility, and one over which the Government cannot command the outcome? Surely it would be best for the country and for every single company in the land that will be affected by this to understand the consequences as clearly as possible, so that they can plan for it.
Mr Davis
As I said, we will provide as much information as we can. However, this is a question of a negotiation, and we do not know where the end game will be. Even the rather stark example that my hon. Friend cites might have different aspects. He is presumably talking about the trade aspect, but there is also, for example, justice and home affairs. There are so many different things to assess that it would be, frankly, nothing more than an exercise in guesswork at this stage.
Ms Angela Eagle (Wallasey) (Lab)
Today the Government have been humiliated in the Supreme Court. They have been taught a lesson about the real meaning of parliamentary sovereignty and taking back control. Will the Secretary of State now accept this verdict in the spirit, as well as the letter, of the ruling and finally concede that this House needs votes along the way, not simply debates without votes, and proper parliamentary scrutiny so that together, working across this House, we can bring the country to the best possible deal in the interests of all our areas up and down this country?
Mr Davis
I will say two things. First, I really recommend that the hon. Lady reads the judgment, rather than trying to interpret it or put her own blush on it: read the detail of it. It is a very good judgment and a very sound judgment, as I said in my opening statement. As for giving continual votes and continuous information, I have been saying that all day today.
Sir Edward Leigh (Gainsborough) (Con)
The Bill should be brief and the outcome simple; that is a point of principle. Is the Secretary of State aware that if the Opposition parties combine to constrain the Government’s negotiating hand—for instance by insisting on staying in the single market, which would mean effectively remaining in the EU—many of us believe that we should have an immediate general election and put the matter to the people? That might concentrate the minds of those in the Labour party.
Mr Davis
My hon. Friend is asking me a question that is way above my pay grade, to say the least, and the person whose pay grade it is has left. The point I would make to my hon. Friend is this. I would hope that every Member of this House saw it as their duty to their constituents to deliver the best outcome. That is precisely what the Government’s strategy is—to deliver the best outcome for Britain in this negotiation.
Sammy Wilson (East Antrim) (DUP)
I am pleased that the case that was presented to hand a veto to the Northern Ireland Assembly—a blatant attempt to overturn the result of the referendum—has failed. Could the Secretary of State tell us, now that the Northern Ireland Assembly has been collapsed by Sinn Féin, what arrangements there will be to have the issues that concern Northern Ireland raised prior to negotiations and during negotiations?
Mr Davis
With respect to the hon. Gentleman’s first point, it is notable that while there was an 8:3 judgment on the rest of the issue, the Court was unanimous on not allowing the Northern Ireland Executive a veto. In terms of maintaining, not so much a relationship but an understanding of the issues that relate to Northern Ireland, last week when we had a Joint Ministerial Committee I wrote to the Northern Ireland Executive to ask them to continue to send Ministers to represent the interests of Northern Ireland. Although the First Minister and Deputy First Minister disappear, as it were, in the interim, Ministers stay in post, just as in any other Administration. Last week, they did turn up, and I will continue to extend an invitation to that end. If that does not work, we will find some other bilateral way to proceed. The hon. Gentleman must take it as read: I view it as near the top of my priorities, if not actually my top priority, to preserve the situation in Northern Ireland, to preserve the border in its current state without hardening it, and to preserve the interests of the Northern Irish people.
Mr Peter Bone (Wellingborough) (Con)
No Bill that goes through parliamentary scrutiny does not become, as a result, a better Act of Parliament. Could the Secretary of State announce when we will get a business statement, so that we know the timetable for the proposed Bill? I hope that we will have a day for Second Reading. I urge him to say that ample time will be given to the Committee stage, so that the House can properly scrutinise the Bill before it goes to the Lords.
Mr Davis
On my hon. Friend’s last point, that would certainly be my intention. On the first point, there will be a business statement on Thursday anyway. Bear in mind that we are talking about a 96-page judgment. The point, as I have said before, of going right to the Supreme Court was to ensure that we got an authoritative, detailed final judgment on what we need to do and how we need to do it, and we need to study it carefully. That will take a little bit of time, but not very much, and we will come back to the House as soon as possible thereafter. It is entirely possible that Thursday’s business statement may cover that.
Alison McGovern (Wirral South) (Lab)
The Secretary of State keeps talking about certainty, but given the Prime Minister’s statement specifically on the customs union, my constituents working in the manufacturing supply chain have nothing but uncertainty about their jobs. So what exactly is wrong with the suggestion made by the right hon. and learned Member for Rushcliffe (Mr Clarke) that the Government bring forward their policy on Brexit for a vote in this House?
Mr Davis
The hon. Lady talks about certainty. A two-year negotiation is going to take place, and there is nothing we can or should do to collapse that. That means that there is a limit to the extent to which we can introduce certainty. By the way, I had not mentioned it until then in this discussion. There will be debate after debate. On article 50, there will be debate on the policy. On the great repeal Bill, there will be debate on the policy. In several subsequent pieces of primary legislation, there will be debate on the policy. There will be no shortage of debate or votes.
Sir Desmond Swayne (New Forest West) (Con)
Any obligation placed on the Government’s negotiating position during the passage of the Bill may subsequently be subject to judicial review, with consequent delay. I hope that my right hon. Friend will judge the intentions that have been announced to amend the Bill in that light.
Helen Goodman (Bishop Auckland) (Lab)
Further to the question asked by the hon. Member for Wellingborough (Mr Bone), when the Labour Government legislated for the Lisbon treaty, Parliament had 25 days, including 11 days in Committee of the whole House, to debate it. There are 66 days before 31 March. How many days is the Secretary of State planning to give us?
Mr Davis
I will say two things. First, was it not the Lisbon treaty on which Labour promised a referendum, which we never got? Selling a false bill of goods is not a very good example to Parliaments around the world. This is article 50. This is the triggering process only —nothing more than the triggering process. There will be vast quantities of legislation—much more than on the Lisbon treaty—between now and the conclusion.
Mr Jacob Rees-Mogg (North East Somerset) (Con)
Has my right hon. Friend noticed that those who now wail parliamentary sovereignty mean the yoke of Brussels; when they say scrutiny, they mean delay; and when they say respect, they mean condescension? Does he agree with me that the British people have voted and we must legislate?
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.
Mr Steve Baker (Wycombe) (Con)
Today we uphold the rule of law by respecting the Supreme Court judgment. Does my right hon. Friend agree that both Houses of Parliament must now respect the result of the referendum by swiftly passing into law this necessary Act?
Chris Leslie (Nottingham East) (Lab/Co-op)
The Secretary of State can see the phenomenal interest in the House in this issue, and he should not be afraid of scrutiny. My hon. Friend the Member for Bishop Auckland (Helen Goodman) asked how many days he would commit to proper scrutiny on the Floor of the House of all the issues surrounding article 50. Can he accept that this Bill is more important than the Bills on the Lisbon treaty and the Maastricht treaty, and that any attempt to curtail the opportunities for this House to scrutinise the issues would betray the Government’s fear of proper debate?
Mr Davis
Let me say two things to the hon. Gentleman. I do not think that I have ever run away from scrutiny. I have spent more time at the Dispatch Box than any other Secretary of State in the last five months. In terms of what he says about the importance of the Bill, of course it is important, and indeed I want as much time as we can possibly get for it to be discussed; but that is a matter, as I said, for the usual channels to discuss.
Many people who see the Bill as incredibly important—perhaps more than it really is—are seeing it as some sort of point of no return. The point of no return was passed on 23 June last year. This is simply carrying out the instructions of the British people. We will do so under the full scrutiny of Parliament and under the authorisation of Parliament, and we will give time for that; but do not conflate that with the whole process of the negotiation. It will take much, much more time than was given to Lisbon, because that number of pieces of primary legislation will take more time.
Mrs Anne Main (St Albans) (Con)
The right hon. Member for Carshalton and Wallington (Tom Brake) talked about our democracy—in fact, he is the only representative of his political party in the Chamber—but would it be very undemocratic, in my right hon. Friend’s opinion, for him to go down to the House of Lords and encourage 120 unelected Members of the House of Lords to play ping-pong and mess about with the Bill? We must deliver what the British people have asked for.
Lady Hermon (North Down) (Ind)
The Supreme Court has ruled very clearly today that the devolved legislatures do not have legislative competence and capacity in relation to the United Kingdom leaving the European Union. Therefore, it must follow logically that the procedure called EVEL, but known by its long title as English votes for English laws, should not be applicable when we come to the great repeal Bill. EVEL as a procedure is deeply divisive in this House, and it is demeaning to Members who represent Wales, Scotland and Northern Ireland. Given that the Secretary of State has said—and I believe him—that every effort will be made by this Government to hold together the United Kingdom, it would be helpful if the Brexit Secretary clearly ruled out the use of EVEL on the great repeal Bill?
Mr Jonathan Djanogly (Huntingdon) (Con)
Will triggering article 50 be adequate to release us from other related treaty obligations under the 1972 Act, such as our membership of the European economic area?
Chris Bryant (Rhondda) (Lab)
There is no reason why the Government should not get their Bill through all the proper stages in this House and in the other House by the end of March. When the business managers come knocking and say, “We should condense the processes and have several different stages on the same day”, may I urge the “old” Member who flourished for 20 years on the Back Benches to return and fight hard for this House, saying, “We will do the process properly”?
Mr Speaker
I do not think the right hon. Gentleman has another birthday until December—I think his birthday is 23 December—so he has a long time to wait: nothing to worry about.
Victoria Atkins (Louth and Horncastle) (Con)
Today, British judges in the highest court in the land decided a point of historic constitutional importance that is unprecedented in law. It was right to seek the judgment of the Supreme Court to enable it to “discover” the law, as we lawyers euphemistically call it. Crucially, the Supreme Court recognised the limits of its constitutional powers when it left the form of that legislation to this Parliament. Is this not our constitution thriving in action, and does it not bode well for the future?
Mr Davis
My hon. Friend is exactly right. Her question goes to the point that I have made previously at the Dispatch Box which is that that is why we took the case all the way to the Supreme Court. By the way, it was not just about the role of the House of Commons on article 50; it was also, of course, about the role of the devolved Administrations, which had in any event to go to the Supreme Court.
Mr David Winnick (Walsall North) (Lab)
Is the Secretary of State aware that many of us warmly congratulate the judges in the Supreme Court and the High Court on upholding parliamentary sovereignty, which the Government to a large extent tried to bypass in triggering article 50? The judges are not the enemies of the people but the defenders of parliamentary democracy.
Mr Dominic Raab (Esher and Walton) (Con)
I welcome the statement by the Secretary of State. I also welcome paragraph 122 of the Supreme Court ruling, which narrows the scope of the rather opaque High Court ruling and allows us to pass a short, sharp Bill to trigger article 50. Does he agree that it is the responsibility of every democrat in both Houses to give effect to the will of the British people by passing the Bill without delay?
Mr Davis
I agree with my hon. Friend. For my part, I will endeavour to make the Bill as straightforward and as comprehensible as possible. I say that not just for speed, but because the public will be watching us. The public will want to know what we are voting on and to be able to understand it, so nothing will be opaque. We will aim to present a straightforward, simple Bill that we will take through as fast as is consistent with proper scrutiny.
Hannah Bardell (Livingston) (SNP)
Paragraph 151 of the Supreme Court ruling says:
“The Sewel Convention has an important role in facilitating harmonious relationships between the UK Parliament and the devolved legislatures.”
What will the Secretary of State do to ensure that there is a harmonious relationship? Does he agree with the ruling, and will he produce a White Paper, as the SNP has proposed, and actually write something down, which he did not do ahead of the EU referendum?
Mr Davis
If I remember correctly, that section ends with the phrase, “nobody has a veto”—no devolved Administration has a veto. In terms of involving and looking after or trying to help assist the interests of the devolved Administrations and the people they represent, we have a whole process in place with the Joint Ministerial Committee, which does nothing but consider these matters. It considers the interests of the nations of the United Kingdom to ensure that none of their special interests, none of their special political situations and none of their special economic situations is harmed in any way.
Mr Christopher Chope (Christchurch) (Con)
There have been a couple of references to paragraph 122 of the Supreme Court judgment. It says:
“There is no equivalence between the constitutional importance of a statute…and its length or complexity.”
It adds:
“A notice under article 50…could…be very short”.
Does my right hon. Friend agree that that is a very important message for Opposition Members?
Liz Kendall (Leicester West) (Lab)
The Prime Minister said that
“no deal…is better than a bad deal”,
but ending up on World Trade Organisation rules could be the worst possible deal, hitting businesses and families hard. May I press the Secretary of State: will there be a vote in this House at the end of the trade negotiations—not just the article 50 process, but the trade negotiations—so that Parliament can decide what is in Britain’s national economic interest?
Mr Davis
I will correct the hon. Lady slightly: there will not be a simple trade negotiation. The European Union pretty much always insists that nothing is agreed until everything is agreed, so justice and home affairs, security matters and a whole series of other issues will be tied into it. But, yes, there will be a vote at the end of it. We have already agreed to that.
Mrs Sheryll Murray (South East Cornwall) (Con)
There has been a lot of talk by some Opposition Members of second referendums on article 50. Will my right hon. Friend reassure my constituents, the majority of whom voted to leave, that he will categorically rule out any second referendum?
Mr Davis
Yes is the answer. I am afraid I take the view that to suggest that somehow the British people did not know what they were doing the first time so must have a chance to get the answer right is, bluntly, patronising, undemocratic and improper. Rightly, that view is held by one of the smallest parties in this House. The answer is that I will not under any circumstances support a second referendum.
Hywel Williams (Arfon) (PC)
The Welsh Labour Government and Plaid Cymru, as the official Opposition, have come together in good faith to establish our Brexit aims, which were published yesterday as a White Paper. Why will the Secretary of State not do likewise?
William Wragg (Hazel Grove) (Con)
Mr Speaker,
“joy shall be in heaven over one sinner that repenteth”.
Does my right hon. Friend share my delight that those who were previously happy for sovereignty to be dispatched to Brussels now believe in the sovereignty of the United Kingdom Parliament?
Paul Flynn (Newport West) (Lab)
The Supreme Court’s judgment is welcome in that it establishes that the will of this House is sovereign and superior to the royal prerogative, but it is unwelcome in that it seeks to take back from Wales, Scotland and Northern Ireland powers that had been devolved to them. Will the Secretary of State promise that the special needs of Wales, which will be hit more severely by withdrawal from the single market than England, will be considered and that we will have not just a red, white and blue Brexit, but a red, white and green Brexit that meets the will and the needs of Wales?
Mr Davis
I will say two things. First, I think that the hon. Gentleman misreads the judgment. It does not talk about taking back powers back from the devolved Administrations at all, as far as I can see. As I said to the hon. Member for Arfon (Hywel Williams), the interests of the people of Wales, as far as the Welsh Government view them, have been put into a paper that has been submitted to the Joint Ministerial Committee and will be debated at the next meeting of its European negotiating arm.
Mr Shailesh Vara (North West Cambridgeshire) (Con)
The Supreme Court judgment was decisive in its position on the devolved Assemblies. Given that, does my right hon. Friend agree that now is the time for the stateswomen and statesmen of the devolved Assemblies to respect the decision of the Supreme Court and work constructively with the Government for the greater good of the United Kingdom, of which they are very much a part?
Gloria De Piero (Ashfield) (Lab)
I will vote to trigger article 50, but I also have a duty to scrutinise the Government’s deal to ensure that it does not make my constituents poorer. As taxpayers, my constituents have a right to know how much the appeal to the Supreme Court cost them. Will the Secretary of State tell us?
Mr Davis
On the latter point, I do not have that number in my mind, but I can—[Hon. Members: “Oh!”] Well, I don’t. I have been studying the judgment today. I will provide the hon. Lady with that number as soon as I can. That will happen quickly. I am quite sure that the Supreme Court judgment will have been expensive on one level, because lawyers are expensive, as the Labour spokesman would tell us. I am sure that he is a much more expensive lawyer—that is the greatest compliment I can pay him.
To make a more fundamental point, when we are dealing with something as important as this—I do not think anybody in the House questions the importance of the constitutional decision that has been made today—it is incredibly important that it is done on solid ground, with proper authority and in a way that the Government can interpret properly to deliver the right outcome. I have made that point across this Dispatch Box more than once. Frankly, it will therefore be worth whatever we have paid for it.
Mr Philip Hollobone (Kettering) (Con)
I commend my right hon. Friend for being the right man in the right place at the right time. Sixty-one per cent of the people of Kettering voted to leave the European Union. They will take comfort that there is nothing in today’s judgment that will delay the process, and they will like the fact that their Member of Parliament will obey their instructions and vote to trigger article 50. I commend it to all other Members to do the same.
Mark Durkan (Foyle) (SDLP)
The judgment’s terms tell us that we should not rely on mere political convention for legal adherence or political confirmation on key matters. That being so, Sewel will be meaningless in the context of the great repeal Bill. Does the Secretary of State recognise that the key constitutional precept of the Good Friday agreement—the principle of consent and the democratic potential for a united Ireland—will have to be explicitly included in any new UK-EU treaty in order to fully reflect the principle that those issues are a matter for the people of Ireland, without external impediment, and to properly reflect the terms of today’s Supreme Court judgment?
Mr Davis
I will not reiterate the facts of the Supreme Court judgment on the Northern Irish aspect. The hon. Gentleman can read those much more authoritatively in the judgment. I have said to him before in this House and reiterate to him again that there is more than one guarantee in this matter. The British Government are determined to preserve the peace settlement and all that underpins it; the Irish Government are determined to underpin it; and so is the Commission. I will say something nice about the Commission in this regard. When I spoke to Michel Barnier, my opposite number, he reminded me that he was involved in the original peace process. All the parties to this matter therefore have a vested interest in delivering what the hon. Gentleman wants.
Stephen Hammond (Wimbledon) (Con)
You will recall last week, Mr Speaker, my right hon. Friend extolling the fact that he liked to please his boss. He also said earlier what a wonderful speech she made last week. I say to him that he could unify the whole of this side of the House by publishing a White Paper based on that excellent speech. I am sure that that would make him even more popular with our boss.
Owen Smith (Pontypridd) (Lab)
I agree with the Secretary of State that the Prime Minister was very clear in her speech last week that we are leaving the single market and likely the customs union. Before the referendum, his Government said that that would cost the British people £66 billion or roughly half the cost of the NHS per year. Do the Government stand by that estimate or is there a different estimate today? If so, will he tell us what it is?
Mr Davis
I will say two things. First, Andy Haldane, the deputy governor of the Bank of England, has talked about a Michael Fish moment for economic forecasters. The hon. Gentleman might deliberate on that the next time he wants to ask a question like this. Secondly, economic models and forecasts are only as good as the assumptions that go into them. The point that the Prime Minister made last week was not just that we would not be a member of the single market, but that we would seek the freest and most barrier-free access in the interests of the people of Wales and others. That is what we will seek, but the negotiation is not complete yet. That is our aim and if we succeed, it will be hugely valuable for the people of Wales.
Mims Davies (Eastleigh) (Con)
The EU referendum saw a 72% turnout and a clear vote to leave the European Union, showing the strongly held will of the British people. Does my right hon. Friend agree that the Liberal Democrats’ call for a second referendum—one Liberal Democrat Member was here today, but he is not here now—shows that they do not care about the public’s view unless they get their way?
Mr Davis
Looking across the Chamber, I am tempted to ask, “What Liberal Democrats?”. As my hon. Friend said, there was only one of them here, which shows just how seriously they take this incredibly important issue. I think the public at large will take the view that the Liberal Democrats are trying to use this matter for their own political purposes, not for the national interest.
Heidi Alexander (Lewisham East) (Lab)
There have understandably been a lot of questions today about process, but there is an emerging Brexit reality in the country for which this Government are responsible. A thousand jobs are going from London to Paris with HSBC, and Toyota, Lloyd’s of London, UBS and Nissan are all reviewing their operations. Exactly how many jobs are the Government prepared to lose to other European countries while we negotiate our exit from the EU?
Mr Davis
I could stand here for 10 minutes naming companies, such as Apple, Google, Microsoft and McDonald’s, that have decided to be here. We have pretty much the highest employment and lowest unemployment rates for some considerable time, completely contrary to the pessimistic predictions of many people after the Brexit result. If we want a demonstration of how wrong the establishment of Britain got this, we need only look at those numbers.
David Rutley (Macclesfield) (Con)
Exiting the EU is unchartered territory, and there will naturally be uncertainties and challenges along the way, so what steps are the Government taking to communicate with British businesses in order to build confidence and foster economic growth in the months ahead?
Mr Davis
I can send my hon. Friend the details, but the number of meetings is beyond counting; we have had meetings with manufacturing, aviation, tourism, finance and banking, insurance and so on. Not just my Ministers but Ministers across Government are talking to their own client industries, as it were, to ensure they know what their concerns are, what the opportunities are and what policy measures we have to take to maximise the opportunities and mitigate any concerns. It took a few months, but people are beginning to see the opportunities, rather than the concerns, which represents an incredibly important change in mood in our country.
Mike Gapes (Ilford South) (Lab/Co-op)
The Secretary of State has twice said that the point of no return was on 23 June, and he has ruled out a White Paper and a vote on the plan. Does he agree that neither the words “customs union” nor “single market” were on the ballot paper? If the House decides, at some point after article 50 has been triggered, that it does not wish to proceed with the process, would we leave automatically or is it reversible?
Mr Davis
First, I have listened to people talking about what was not on the ballot paper. It is rather like saying, “You said you were going to sell the car, but you didn’t say you were going to sell me the engine and tyres as well.” These elements—the common external tariff barrier, the common commercial policy, the role of the European Court of Justice, and so on—are components of the EU, which the public voted to leave. Secondly, the hon. Gentleman misquotes me. I have said that there will be any number of votes and debates in the coming two years, many of them about the issues he talks about.
Robert Jenrick (Newark) (Con)
I fully support the words from all quarters in support of our judges, who are the best, most inscrutable and highest-quality I have seen anywhere in the world, but does my right hon. Friend agree that those warm words need to be matched by action from all Members? In particular, just as the Government accept the verdict, should not Members accept the words of the Supreme Court that a small Bill can have the same power as a larger one, and should not those from some of the devolved parts of the UK accept the verdict, too? On the cost, does he agree that, if he is publishing the cost of the Government’s action, we should ask the devolved Assemblies, particularly that in Scotland, to publish how much taxpayers’ money they spent joining the action?
Mr Davis
As I said on the costs, I will provide the numbers; there is no problem with doing that. I would make the point, however, that we did not bring the case, of which the cost is a direct outcome. I am not one of those—[Interruption.] Animal noises from the Opposition notwithstanding, I am not one of those who criticise the people who brought the case; I think they brought a very important constitutional case, which is why I said, whatever it cost, it was worth doing. Let no one say to the Government, however, “Why did you appeal the case?”. We did so because a massively important constitutional issue was at stake, and my hon. Friend is right that we should all take it very seriously, take it as the status of our law today and obey it accordingly.
Pete Wishart (Perth and North Perthshire) (SNP)
Scotland is supposed to have the most powerful devolved Parliament in the world, and the Scotland Acts tell us now that it is permanent and that the Sewel convention is embedded in law, but we now know, of course, that the Scotland Acts are barely worth the vellum they are written on. The Secretary of State says he is listening to Scotland—that is great, he has said it several times today—but when will he act? If he does not accept the very reasonable proposals we put to him, the Scottish people will quickly ask what the point is of our being here at all.
Mr Davis
If I remember correctly, the Supreme Court said of the Sewel convention that it was not for the judges to decide. I listened last week as the Scottish Government Minister presented at great length the arguments in their paper. As I said earlier to one of the hon. Gentleman’s colleagues, there are bits we disagree with and bits we absolutely agree with—for me, the most obvious one is the protection of employment law, which I take very seriously and on which we are absolutely in the same place. I and others on the Joint Ministerial Committee discussed with the Minister the issue of devolution, and the clear point was that no existing devolved powers were to be retracted. Of course, that is not going to happen, but we also have to think, in rational terms and in the interests of the Scottish people and citizens of the UK more widely, about where the best place is to make decisions. In most cases, I would prefer to devolve powers, but in some circumstances that is not practical. We have to do what is right for the people, not what suits our political interest.
Richard Drax (South Dorset) (Con)
I am confident that every Member will vote to trigger article 50—for which of us would dare thwart the will of the people? Does my right hon. Friend share my concern, though, about the implications of the case for a Government’s decision to go to war, for example? Could that now be challenged by a member of the public?
Mr Davis
No, I do not think my hon. Friend is right. It is a 96-page judgment, so we have to go through the detail, but the major part of the case was confined to two aspects—the implications specifically for the European Communities Act and for those treaties that have an effect on the domestic legal rights of citizens—and I do not think that the decision to go to war falls within either. He raises more broadly, however, an important point. We are in an era when the exact reach of the royal prerogative has to be established and understood. Once we are in complete command of our own future, we will have to know what the Government can and cannot do, what we have to do in conjunction with Parliament and where we have to go back for authorisation. That is one reason we are taking our time to read the judgment.
Diana Johnson (Kingston upon Hull North) (Lab)
The Secretary of State has mentioned a few times that this is a massive exercise in democracy. I put it to him that a useful tool in a participatory democracy is issuing White Papers. I do not understand why he has set his face against doing that, given that we are about to make the most important decision for many generations and trigger article 50.
Mr Davis
The Chairman of the Select Committee, who is not here, said his Committee wanted a plan as quickly as possible—before the middle of February; I said it would be difficult to turn out a full White Paper before then. One of the virtues of delivering the plan via a prime ministerial speech of some length was that we could do it quickly, we could make it very clear and everybody could understand it. It also got coverage around the world in a way that no other medium could have. People remind me—and sometimes tease me, of course—of my history as an activist for parliamentary rights. The important point is that we are here only because we represent our constituents’ interests.
I have tried—I keep reiterating this phrase—to provide as much information as possible. Let us take the plan with respect to what was asked for by Labour Front-Bench Members and the Select Committee. They asked, “What are we going to do about the single market?” and hopefully that is now plain. They asked, “What are we going to do about the customs union?”, and hopefully that is now plain. They asked, “What are we going to do about justice and home affairs?”, and hopefully that is now plain. They asked, “What role is seen for Britain in the world?”, and hopefully that is now plain, too. Of course, what we cannot do is say what the outcome of the negotiation will be. We cannot give that level of certainty, but we can certainly give a level of certainty, as we have and as we will, as to what the aims and strategic objectives are. We have done that.
Ben Howlett (Bath) (Con)
I, too, welcome today’s judgment by the Supreme Court, and I would like to lend my support to the Supreme Court judges. I hope that we do not see any repeat in tomorrow’s newspapers of the bile that was directed towards the High Court judges last year. Although I welcome the Prime Minister’s speech last week, which focused on a comprehensive free trade agreement, I have received thousands of emails and correspondence from my constituents all wanting to have their say on this issue. After all, 70% of them voted to remain inside the European Union. Does my right hon. Friend therefore agree—as other colleagues have said, and without wishing to make him repeat himself—that the best way to do this and to ensure that my constituents’ views are heard is via the use of a White Paper?
Mr Davis
I am afraid that my hon. Friend has failed in not making me repeat myself. Plainly, the House has determined that I would fail miserably in “Just a Minute”, or whatever the quiz is called where people are not allowed to repeat themselves. I reiterate that it is the facts that matter and the plan that matters and answering Parliament’s questions that matters. We have done all those things. We will continue. I will continue to provide whatever information I can without compromising our negotiating position—I will do that.
Danny Kinahan (South Antrim) (UUP)
I thank the Secretary of State for his answer to the hon. Member for East Antrim (Sammy Wilson), when he said that he had written to the Northern Ireland Executive. Does he recognise that the Northern Ireland Executive have collapsed after just eight months and may not have the confidence of the people of Northern Ireland? They had no joint plan. Will the Secretary of State ensure that he writes to all parties and includes everyone, so that we get something that will tell all of us where we are going? We accept the result. We need a quick resolution, but we must all be included. Will he do that?
Mr Davis
The hon. Gentleman raises an interesting point. Before I answer directly, let me say that I have, of course, sought to get the parties in the Executive to continue to send a Minister to the Joint Ministerial Committee, but that is only one mechanism; there are others. I think that the Prime Minister will be speaking to the Taoiseach next week, so the Irish Government interest will be represented. I will, of course, talk to others more directly. I went to Northern Ireland early on in my time in this job. I am inclined to say yes to the hon. Gentleman—I will write to him—but let me consider the issue carefully, so that I do not land myself in some problem. The reason I say that and the reason I am being cautious is that an election is now under way, and I have to be wary of the British Government appearing to meddle in any aspect of the election. Let me, therefore, pause and think about that. I will do what I judge to be in the best interests of Northern Ireland. The hon. Gentleman must take that as my promise.
Several hon. Members rose—
Lucy Frazer (South East Cambridgeshire) (Con)
The Supreme Court, at the beginning of its judgment, on its very first page, said in terms that it wanted to emphasise that the case had absolutely nothing to do with the terms of withdrawal, the arrangements for withdrawal or the details as to any future relationship with Europe. In those circumstances, does the Secretary of State agree that all that the Supreme Court decided was that, before pulling the trigger, there needs to be authorisation by Act of Parliament? Under the terms of the judgment at least, there is no obligation to set out the details of any deal.
Margaret Ferrier (Rutherglen and Hamilton West) (SNP)
Today’s judgment states that, notwithstanding new legislative constraints,
“withdrawal from the EU will enhance the devolved competence”.
I asked the Secretary of State this same question just last week and was dismayed to find that he was able to provide only his presumptions. Can he now provide concrete examples of which types of powers will be devolved to the devolved Administrations, following our exit from the European Union?
Mr Davis
I rather suspect that the hon. Lady misquotes me from last week. What I said, or what I should have said, was that some elements of the powers coming back from the European Union will go to the devolved Administrations, that some will stay in the centre, but for a number we are going to have to debate the matter and decide. That will happen in the first instance in the Joint Ministerial Committee and then at Cabinet.
Several hon. Members rose—
Matt Warman (Boston and Skegness) (Con)
Although the Secretary of State should take seriously amendments proposed to the forthcoming Bill in good faith, I invite him to give short shrift to those who seek to use amendments to derail or delay a vital process.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
The Secretary of State has already attempted to sideline Parliament by appealing this case and by refusing to publish a White Paper, so can he be very clear: will the Bill be drafted in such terms as to allow not just amendments, but substantive amendments? Yes or no?
Nadhim Zahawi (Stratford-on-Avon) (Con)
In any negotiation, it is worth thinking about the other side. Lord Hill, who knows a thing or two about Europe, came to give evidence to our Select Committee on the best strategy for negotiation. He said that it is now to come together because the decision has been made; otherwise, we would be sending mixed messages to our interlocutors. Does the Secretary of State agree?
Peter Kyle (Hove) (Lab)
A moment ago, the Secretary of State reminded us that our job is to do what is in the best interest of our constituents. The city I represent has 8.5 million visitors each year, has two universities and has an economy that includes the head offices of EDF and Amex. If I do not believe that, between now and March, the guarantees offered by this Government will protect everything that is great about my city, surely the right hon. Gentleman would agree with me that I cannot support this timescale.
Kevin Foster (Torbay) (Con)
I am sure that the Secretary of State will agree that it is strange that many seem to be unaware that legislative changes will be needed on a range of issues as we leave and not just on the point about article 50. Does he agree distinctly that, if people try to use tricks of procedure in this House or anywhere else to try to frustrate article 50, they will fuel the scepticism that pushed people to vote leave?
Neil Gray
Thank you, Mr Speaker. Given that a legislative consent motion is now apparently a political decision and there is no impediment to the Government bringing one forward, will the Secretary of State advise us whether the Government had a legislative consent contingency in place before the Supreme Court ruling and why on earth he would rule out bringing one forward now?
Mr David Nuttall (Bury North) (Con)
Can my right hon. Friend reassure my Bury North constituents, a majority of whom voted to leave, that he will allow nothing to get in the way of ensuring that the Bill that he has announced will be passed as quickly as possible?
Ian Blackford (Ross, Skye and Lochaber) (SNP)
The Secretary of State said in his statement that the Government are determined to deliver on a decision taken by the people of the United Kingdom but Scotland, of course, the country that we on the SNP Benches represent, voted to remain within the United Kingdom and the Scottish Government have been empowered by the Parliament to make sure that we remain within the single market. Why is the Secretary of State acting against the best interests of the Scottish people? Will he not understand that, if he refuses to accept our will, our only option—
Chris Green (Bolton West) (Con)
The World Trade Organisation has done a fantastic amount of work to reduce trade barriers around the world, and it is the basis of our trading relationship with the United States of America, where we have a trade surplus. Does my right hon. Friend agree with me that this provides a great foundation for a trade deal with the EU, and that it is now for the EU to do something better than that?
Susan Elan Jones (Clwyd South) (Lab)
The Secretary of State has spoken a great deal about listening to the devolved nations, but will he listen to what they have to say about the importance of unfettered access to the single market?
Martin Vickers (Cleethorpes) (Con)
Can my right hon. Friend assure the 70% of my constituents who voted for Brexit that he has a contingency plan to ensure that, if the upper House were to attempt to thwart or delay the Bill, we would meet the March deadline?
Alan Brown (Kilmarnock and Loudoun) (SNP)
The Secretary of State talks about not thwarting the will of the people. Will he finally recognise that 62% of people in Scotland voted to stay? The Scottish Government are not asking for a veto; they are asking for a compromise that would allow Scotland to maintain membership of the single market. When will the Secretary of State work with them to achieve that?
Steve McCabe (Birmingham, Selly Oak) (Lab)
I do not want to frustrate the process, but is the Secretary of State saying that the referendum result is the only factor that should govern the article 50 vote? Is that not tantamount to signing a blank cheque and setting aside the views of our constituents?
Mr Davis
When a question begins “I do not want to frustrate the process, but”, it tells us something in its own right.
The Government are seeking authorisation to trigger the start of the negotiation, which is what the British people voted for last year. End of story. That is not the only issue, but it is the most important issue.
Ronnie Cowan (Inverclyde) (SNP)
This judgment rode roughshod through the Sewel convention. Can the Secretary of State assure me that he will seek meaningful discussions with the Scottish Government which will respect and reflect the desire of the Scottish electorate to remain in the EU?
Lilian Greenwood (Nottingham South) (Lab)
The country voted to leave the EU, but my constituents did not vote for a cut in their living standards. There are genuine and serious concerns about the impact on our economy, manufacturing, higher education and research if the UK leaves the EU without a deal and falls back under World Trade Organisation rules. What assessment has the Secretary of State made of the risks of leaving with no deal in place, and will he publish that assessment so that it can be subjected to proper scrutiny?
Mr Davis
There were a great many forecasts of how terrible things would be if the people voted for Brexit. They were all undilutedly wrong: every single one was wrong. Our strategic aim is to secure a comprehensive free trade agreement, not to fail to do so, and that is what will protect the hon. Lady’s constituents if she is willing to pay attention to it.
Ms Margaret Ritchie (South Down) (SDLP)
The Secretary of State has said that he wants to preserve the interests of the people of Northern Ireland, and that he understands the peace settlement. We are currently engaged in an election process, which will be quickly followed by negotiations of which Brexit will form an important part. In discussions with the Taoiseach and with the Irish Government, will the Secretary of State ensure that special status for Northern Ireland is considered thoroughly in those negotiations?
Mr Davis
A whole series of special circumstances apply. When I first visited Northern Ireland after taking up my present post, what came up were matters such as the importance of the border and the single energy market, and we will continue to pay attention to those matters. If the hon. Lady will forgive me, I am going to be very careful about answering questions because of the ongoing election process, but I think she should take it as read that we take this issue very seriously indeed.
Peter Grant (Glenrothes) (SNP)
The Secretary of State for Scotland, who is no longer in the Chamber, told the House on at least five occasions that the Sewel convention had been placed on a statutory footing by the Scotland Act. Today the Supreme Court said that that was not the case. Which of those contradictory judgments currently holds the confidence of Her Majesty’s Government?
Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)
Surely the ruling confirms that “Brexit means Brexit” has been totally inadequate as any sort of explanation to Parliament or its people. The devil is often in the detail, particularly the Tory detail, and surely that detail ought to be provided in the form of a White Paper.
Patrick Grady (Glasgow North) (SNP)
I noted that the judgment was issued during the Court’s Hilary term. I hope that someone will explain to the Trump Administration exactly what that means.
Can the Secretary of State tell us why it is right for unelected peers to have a greater say in the article 50 process than elected Members of the devolved institutions?
Mr Davis
I am trying to think what the significance of Hilary term is, except in the context of the Chairman of the Exiting the European Union Committee. I am afraid that I did not hear half the hon. Gentleman’s question, so I shall have to write to him. [Hon. Members: “It was about the Lords.”] I could not hear that either. I will answer later.
Kirsty Blackman (Aberdeen North) (SNP)
There are rules in place which ensure that Parliament can scrutinise legislation as it passes through the House. Will the Secretary of State commit himself to ensuring that those rules remain in place, and that there will be two clear weekends between the Bill’s First and Second Readings?
Steven Paterson (Stirling) (SNP)
The Scottish Government have published the details of their proposals for maximising an ongoing relationship with the European Union. Does the Secretary of State recognise that refusing to publish a White Paper is tantamount to political cowardice?
Tommy Sheppard (Edinburgh East) (SNP)
I am becoming increasingly concerned about the way in which supporters of the Government’s view are trying to delegitimise the opinions of others by suggesting that their intention is to thwart the decision to leave the European Union. May I ask the Secretary of State to confirm, having read the statement of the Scottish Government’s position, that no part of that document suggests that Scotland, or indeed any other part of the United Kingdom, should do anything other than leave the European Union?
Mr Davis
After receiving that document I was very careful not to criticise it publicly, because I wanted to have that debate. I was chairing the Joint Ministerial Committee, so I did not want to, as it were, colour my chairing of it.
As I have said before, the document falls into three categories. There are bits which I did not think would work, there are bits that are subject to debate—especially those relating to devolution issues—and there are bits where we are absolutely on the same page, on matters such as employment law. However, elements of this paper will run into problems not just with the United Kingdom Government, but with other members of the European Union. It was criticised by the Spanish Europe Minister, and it was criticised implicitly by senior Norwegians on the European Free Trade Association front. I do not think that it can be held up as the ideal model for a perfect outcome.
Mr Speaker
I am grateful to the Secretary of State, to the Opposition spokespersons, and to all 84 Back Benchers who took part in this important series of exchanges.
New Partnership with the EU
David Davis Excerpts(7 years, 3 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for Exiting the European Union (Mr David Davis)
I say to the hon. Member for Cardiff South and Penarth (Stephen Doughty), who has just made a point of order, that I spent many years sitting on the Opposition Benches—
Mr Davis
Not making that point, but making a rather more pertinent one, which was that we did not have the opportunity at all to interrogate Mr Tony Blair after he had been on the radio and television. But today is a parliamentary day and I wish to share with Parliament what I think are some important points.
I would like to update the House on the Government’s plans for exiting the European Union. Today, the Prime Minister is setting out a plan for Britain. It is a plan to ensure that we embrace this moment of change to build a confident, global trading nation that seizes the new opportunities before it, and a fairer, stronger society at home, embracing bold economic and social reform. It is a plan that recognises that the referendum vote was not one to pull up drawbridges and retreat from the world, but rather a vote of confidence in the UK’s ability to prosper and succeed.
It is a plan to build a strong, new partnership with our European partners while reaching beyond the borders of Europe, too, forging deeper links with old allies and new ones. Today we set out 12 objectives for the negotiation to come. They answer the questions of those who have been asking what we intend while not undermining the UK’s negotiating position. We are clear that what we seek is that new partnership: not partial EU membership, not a model adopted by other countries, not a position that means we are half-in, half-out. Let me address each of our aims in turn.
First, we will provide certainty wherever possible while recognising that we are about to enter a two-sided negotiation. We have already made announcements about agriculture payments and student funding. Our proposal to shift the acquis—the body of EU law—into UK law at the point of exit is designed to make the process as smooth as possible. At the point of exit, the same rules and laws will apply, and it will then be for this Parliament to determine changes in the country’s interests, for we also intend to take control of our own laws and end the authority of the European Court of Justice in the UK. Laws will be made in this Parliament, and in the devolved Assemblies, and interpreted by our judges, not those in Luxembourg.
We will aim to strengthen the Union between our four nations. We will continue to engage with the devolved Administrations, and we will ensure that as powers are returned from Brussels to the UK, the right powers come to Westminster and the right powers are passed to Edinburgh, Cardiff and Belfast. Another key objective will be to maintain the common travel area between the UK and the Republic of Ireland. No one wants to see a return to the borders of the past.
In terms of immigration, we will remain an open, tolerant nation. We will continue to welcome the brightest and the best, and to ensure that immigration continues to bring benefits in terms of addressing skills shortages where they exist, but we will manage our immigration system properly, which means that free movement to the UK from the European Union cannot continue as before. We want to guarantee the rights of EU citizens who are already in this country and already make such a great contribution to our society, in tandem with similar protections for the rights of UK citizens in EU countries. We would like to resolve that issue at the earliest possible moment.
UK law already goes further in many areas than EU minimums, but as we shift the body of EU law into UK law we will ensure that workers’ rights are not just protected but enhanced. In terms of trade, we want to build a more open, outward-looking, confident nation that is a global champion for free trade. Membership of the EU’s internal market means accepting its four freedoms, in terms of the movement of goods, services, capital and people, and complying with the EU’s rules and regulations. That would, effectively, mean not leaving the EU at all, so we do not propose to maintain membership of the EU’s single market. Instead, we will seek the broadest possible access to it through a comprehensive free trade agreement with the EU. We want it to cover goods and services and to be as ambitious as possible.
This is not a zero-sum game. It should be in the interest of both the UK and the EU. It is in all our interests that financial services continue to be provided freely across borders, that integrated supply chains are not disrupted and that trade continues in as barrier-free a way as possible. Although we will seek the most open possible market with the European Union, we also want to further trade links with the rest of the world, so we will deliver the freedom for the UK to strike trade agreements with other countries. The Department for International Trade has already started to prepare the ground and it is clear there is enormous interest around the globe in forging new links with the UK.
Full membership of the EU’s customs union would prohibit new international deals, so we do not intend to remain part of the common commercial policy or to be bound by the common external tariff. Instead, we will seek a customs agreement with the EU with the aim of ensuring that cross-border trade remains as barrier-free as possible. Clearly, how that is achieved is a matter for negotiation.
The UK is one of the best places in the world for science and innovation, with some of the best universities in the world, so we must continue to collaborate with our European allies. When it comes to crime, terrorism and security, we will aim to further co-operation with EU countries. We will seek practical arrangements in these areas to ensure that we keep our continent secure and defend our shared values.
Finally, in terms of our exit, we have said repeatedly that it will be in no one’s interests for it to be disorderly, with any sort of “cliff edge”—the words used by the Opposition—as we leave the European Union. We intend to reach broad agreement about the terms of our new partnership with the EU by the end of the two-year negotiation triggered by article 50, but then we will aim to deliver an orderly process of implementation. That does not mean an unlimited transitional period where the destination is not clear, but time for both the UK and EU member states to prepare for new arrangements, whether that be in terms of customs arrangements, the regulation of financial services, co-operation over criminal justice, or immigration controls.
Those are the aims and objectives we set today for the negotiation to come. Our objectives are clear: to deliver certainty and clarity wherever we can; to take control of our own laws; to protect and strengthen the Union; to maintain the common travel area with the Republic of Ireland; to control immigration; to protect the rights of EU nationals in the UK and UK nationals in the EU; to protect workers’ rights; to allow free trade with European markets; to forge new trade deals with other countries; to boost science and innovation; to protect and enhance co-operation over crime, terrorism and security; and to make our exit smooth and orderly. That is the outline of an ambitious new partnership between the UK and the countries of the EU.
We are under no illusions: agreeing terms that work for both the UK and the 27 nations of the European Union will be challenging, and no doubt there will be bumps on the road once talks begin. We must embark on the negotiation, however, clear that no deal is better than a bad deal. As the Prime Minister has made clear today, the UK could not accept a punitive approach, so let me be clear that we do not expect that outcome.
We are confident that if we approach the talks in a spirit of good will, we can deliver a positive deal that works for the mutual benefit of all. It is absolutely in our interests that the EU succeeds, and it is absolutely in the EU’s interests that we succeed too. That will be one of our central messages: we do not want the European Union to fail; we want it to prosper politically and economically, and we will seek to convince our allies that a strong new partnership with the UK will help it to do that.
Our approach is not about cherry-picking; it is about reaching a deal that fits the aims of both sides. We understand that the EU wants to preserve its four freedoms and chart its own course. That is not a project that the UK will now be a part of, so we will leave the single market and the institutions of the European Union. We will make our own laws and decisions about immigration. Let me be crystal clear, if there has been any doubt: the final deal agreed between the UK and the EU will be put to a vote in both Houses of Parliament before it takes effect.
To conclude, we are leaving the European Union but we are not leaving Europe. We will continue to be reliable partners, willing allies and close friends with our European neighbours. We will be ready for any outcome, but we anticipate success, not failure. The UK will embrace its new place in the world with optimism, strength and confidence.
Keir Starmer
Mr Speaker, let me give three examples without the details: the European Aviation Safety Agency, which deals with safety; the European Medicines Agency; and Europol, which I worked with for many years. Those are the bits of the EU that we should be seeking to retain, not throw away.
It was the previous Prime Minister who got us to this place without any forethought or planning. This Prime Minister has now chosen a risky implementation plan. She owns the consequences now, in 2019 and beyond.
Mr Davis
When we started down this route, I said to the House that the Government had been given a national instruction that we would attempt to interpret in the national interest. That seemed to me to be the right approach. Rather than a 52/48 approach, it is an approach that encompasses everybody’s interests. I hope that we have done that today.
The hon. and learned Member for Holborn and St Pancras (Keir Starmer) is a very talented man, and his questions were as forensic as we would expect. He asked about membership of the single market, so we answered that. We laid out the claims on the customs union, which was another of his questions. He asked for detail to scrutinise the plan to see where we are going. Within the context of not undermining our negotiation, that is entirely what we have tried to do. I had hoped to see some Opposition Members support what we think is a responsible, thoughtful but realistic plan that takes on board the instruction that we have been given by the British people to take us out of the European Union, but in a way that preserves our interests as best we can, whether security interests, economic interests or whatever.
Let me deal with some of the specific points raised by the hon. and learned Gentleman. I will put aside my disappointment at the tone. He says that a free trade agreement will need to have a disputes resolution procedure. So it will; they nearly all do. It does not have to be the European Court of Justice, though. We can agree that he has just got the thrust of it wrong. As for the other things: tariff-free, I agree; impediment-free, I agree. Alignment of regulation? That may well be necessary in some aspects, but we will see as the negotiation develops. On goods and services, I agree. The hon. and learned Gentleman is not putting up any hurdle that, frankly, we do not intend to cross ourselves.
Now, on this question of threats, this was not a threat. It was the Chancellor saying in an interview, “Well, if you go down the route of a punitive approach, this is the consequence and this is what will happen.” Nations defend themselves. Nobody says it is what we want to do. It is specifically not what we want to do. We want the freest, most friendly possible relationship we can get, and that is what we will set out to do.
The other areas, including questions on matters such as criminal justice, home affairs issues and so on, will develop as we go through the negotiation. The Prime Minister is a very distinguished ex-Home Secretary—the longest-lasting Home Secretary in modern times—and she has as good a grip of our home affairs needs as the ex-Director of Public Prosecutions has. He can take it as read that we will, over time in this House and, most particularly, in the negotiating chamber with the Europeans, address all the issues he raised. I happen to think that they will have as much interest in resolving those issues as we do. The negotiation is predicated on us doing what is in the interests of everybody: ourselves, the Europeans and all our neighbours in our part of the globe. That is what we intend to do and what we intend to deliver on.
Sir William Cash (Stone) (Con)
I am sure that my right hon. Friend will acknowledge that the Prime Minister’s speech is principled, reasonable and statesmanlike. The 27 member states’ Heads of Government said only a few weeks ago at the last Council summit that there would be no access to the single market unless we accepted all the four freedoms. Does my right hon. Friend agree that that presents a difficulty? Will he accept, therefore, that it is essential that we clear that with the other member states on the basis of principle, reasonableness and statesmanship?
Mr Davis
I have tried throughout the past six months not to respond to the sometimes emotional comments from various people around the continent. I am slightly surprised in my hon. Friend, however, because he of all people would pull me up if I confused access to the single market with membership of the single market. Pretty much every country in the world that is not subject to sanctions has access to the single market. We will have access to the single market. The question is about the terms. My job and the job, frankly, of everybody, including the Opposition, is to persuade our opposite numbers in Europe that it is also in their interests that we all have equal access to each other’s markets, and that is what I intend to do.
Peter Grant (Glenrothes) (SNP)
I thank the Secretary of State for the advance copy of his speech, and for recognising the correct place to make this statement; it certainly was not at Lancaster House. Today, the Prime Minister and the Secretary of State have completed an unholy trinity of worthless Westminster promises to the people of Scotland. They promised to take account of the 62% remain vote in Scotland and to consider all options for Scotland’s future. They have broken that promise today. They promised during the referendum campaign and in their election manifesto that leaving the EU does not mean we have to leave the single market. Today they are breaking that promise. As for the promise they made in 2014 that remaining in the United Kingdom would guarantee Scotland’s place in Europe—well, we all know where that has gone. I hope the Secretary of State will pass the message back to his boss that if she insists on giving Scotland only one option to remain in the European Union, Scotland will take that option.
We know with certainty that Brexit means hard Tory Brexit. We do not know what it might be disguised as, but we know what it will be. Will the Secretary of State accept, even at this late stage, that the promises that he and Prime Minister made must be honoured? Exactly how does he propose to recognise the 62% remain vote in Scotland and the overwhelming—nay, unanimous—view in Scotland that our membership of the single market and free movement of people into and out of Scotland are essential for our wellbeing? Has he actually read the Scottish Government’s paper, “Scotland’s place in Europe”?
Peter Grant
Given that he is nodding, will he give an undertaking that the paper will be properly and thoroughly discussed at the Joint Ministerial Committee meeting next week? Finally, will he give an undertaking that before any non-returnable steps are taken, the Parliaments of all our devolved nations will be given a chance, even on an advisory basis, to consider the Government’s plans before they are implemented?
Mr Davis
It has been my privilege to chair the Joint Ministerial Committee on EU Negotiations on which Mike Russell broadly represents the Scottish Government’s position. I gave him an undertaking that we would debate that paper at the next JMC (EN), as it is known in Whitehall jargon, and that is what we will do. I have been very careful not to comment publicly on it because, as I said, we want to give it the most open debate possible. There are parts of it with which I disagree and parts with which I agree. On the question of the protection of workers’ rights or the maintenance of our terrific universities, I am entirely on side with the paper. I suspect that Mr Russell might be surprised by how pro-devolution I am. Nothing will be taken away from the devolved Administrations and, indeed, we have to decide what passes to them from the European Union. That will be a rational debate based around the interests of the United Kingdom and of Scotland. The hon. Member for Glenrothes (Peter Grant) must take it as read that we will take very seriously the idea that we do not allow any part of the United Kingdom or any nation of the United Kingdom—Scotland, Wales, Northern Ireland or England—to lose out in this process. We are determined in that.
Anna Soubry (Broxtowe) (Con)
I will continue to campaign for our membership of the single market and to make the positive case for immigration because I believe in the free movement of people from the European Union, but may I make it very clear that I welcome the Prime Minister’s—I nearly said Her Majesty’s—speech and the statement made by the Secretary of State? It is realistic and provides much-needed clarity. The tone is to be hugely welcomed as it marks a genuine desire to bring about a consensus and to reunite our country. In that spirit, would my right hon. Friend commit—this is not unreasonable—to putting those 12 objectives into a White Paper and bringing it to this House so that we can finally debate the single market, the customs union and the free movement of people? So far, we have not and many of us feel that Parliament has been deliberately precluded from all this.
Mr Davis
First, on my right hon. Friend’s slip of the tongue, I often make the same mistake; it is probably why I am where I am. [Laughter.] Look, I will go to the substance of my right hon. Friend’s request. The Prime Minister and I have tried today to answer all the questions we are able to without undermining the negotiation. Regarding debates in the House and in this Chamber, I can see entirely a place for debating the very things my right hon. Friend mentioned, and that is what I will seek to get.
Edward Miliband (Doncaster North) (Lab)
The Secretary of State and the Prime Minister have both more or less admitted today what has been obvious for months—that it will take more than two years to have a trade deal with the EU ready to go. But there follows a crucial question for many businesses up and down the country, which is what the arrangements will be when we leave the EU and that trade deal is not yet complete. From listening to the Secretary of State and reading the Prime Minister’s speech, we are none the wiser what that will be. Will the Secretary of State enlighten us on that crucial point, which matters hugely to families and businesses?
Mr Davis
I will correct one or two things the right hon. Gentleman got wrong about what I said. He is wrong to interpret what I said as any suggestion that we will not be able to negotiate this outcome in the timetable in front of us. I said the issue was that we would look at implementation issues, because they may well take time. I cited some of them—borders, customs and various other aspects that might take time to put into effect. It will be in the joint interests of the European Union and ourselves to put those in place. But more widely, I cannot think how I could have been clearer. I have answered every single question, with one exception, that the Labour spokesman put to us. I have tried to answer as many as I can of the ones the Select Committee put to us. We have been very clear. I do not think anybody out there will believe the Labour party now when it says, “We don’t know what the negotiating strategy is.” It is as plain as a pikestaff, and the right hon. Gentleman should recognise that.
Mr Andrew Tyrie (Chichester) (Con)
The Prime Minister has indeed given clarity: we are leaving the single market, and we are leaving the customs union. But further to the point that has just been asked, in the implementation phase the Prime Minister has proposed after article 50—that period of adjustment to a deal—will all the detailed terms already have been finalised, or are the details of the so-called bold and ambitious deal, as she put it, to be worked out during the implementation phase?
Mr Davis
My right hon. Friend wrote a very wise paper, which I referred to in a previous exchange here. He will recognise that the negotiating balance changes at the end of the two-year period, so it is very important that we conclude the deal by then. The implementation is a different matter; it may take time, and it does take time, but we cannot control that, whether we are putting in place a new customs arrangement or whatever it might be. So there are practicalities there, and it is the practicalities that will drive this.
Hilary Benn (Leeds Central) (Lab)
While the Prime Minister has made things clearer today, and I welcome, in particular, the commitment that Parliament will have a vote on the final deal and that the Government will seek transitional arrangements—both things that the Select Committee called for in its first report—there is one big issue where there is still uncertainty for businesses, and that is the continuation of tariff-free and barrier-free trade. Given the Government’s unequivocal commitment today to that goal, will the Secretary of State tell the House whether, if remaining in the customs union turns out to be the only way of ensuring that—because what we ask for is not necessarily what we will get—that is what the Government will do to honour that commitment to British businesses?
Mr Davis
What the Government will do is abide by the instruction given to them by the British people, and that instruction was to leave the European Union. I am afraid that is inconsistent with membership of the market. But what we have said in terms is that we intend to deliver the very thing the right hon. Gentleman says British business is uncertain about, and that is tariff-free and barrier-free access to the European market.
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
May I, too, welcome the increased clarity the Prime Minister has brought to the EU debate today? I just hope that the 27 remaining countries in the EU will take this opportunity to embrace the positive spirit in which this plan has been put forward. The Prime Minister said in her speech that she was putting
“the preservation of our precious Union at the heart of everything”.
In that spirit, may I ask the Secretary of State whether those parts of the country that are net beneficiaries of funds from the EU, such as Wales and Cornwall, will continue to get that level of funding so that they, too, can take advantage of the great opportunities ahead?
Mr Davis
The aim of our entire strategy is to improve the economic prospects of the country, and to do that for everybody. Our Prime Minister has been very forward in talking about the benefits for all. One of the things that has passed almost unremarked but was, in fact, remarkable was the speed with which the Treasury stepped in very early on—on universities, farming and structural funds. It made a decision in four weeks, in the middle of August—something I cannot remember in my lifetime in this Parliament, which is quite long. I think my right hon. Friend can take it as read that we will do everything possible to make sure that all parts of the United Kingdom benefit from this policy.
Mr Douglas Carswell (Clacton) (UKIP)
I applaud the Prime Minister’s speech and her vision of a liberal Brexit. Can the Minister confirm that, where mutual co-operation is needed between the EU and the UK after we have left, such as on intelligence sharing, arrangements will be put in place on the basis of bilateral treaties, rather than supranational legislation with us as the supplicant?
Mr Davis
One of the things the Prime Minister has made plain is that we are not the supplicant, either in this negotiation or in what follows. Britain is the intelligence superpower in Europe; we are critical to the defence of Europe from terrorist threat, and we are critical to the military support of Europe and to dealing with migration, with our Navy at work. Those things will continue; they are very often on a bilateral basis anyway, but they will be done on a treaty basis that is equal to both sides.
Sir Edward Leigh (Gainsborough) (Con)
I think we should loyally support the Government. [Laughter.] Will the Secretary of State confirm that insisting on controlling our own borders and insisting on doing international trade deals are inconsistent not just with membership of the European Union but with the customs union and the single market? So I agree that, after the welcome tone of today’s speech, it is not hard Brexit—it is full Brexit.
Mr Davis
With respect to my hon. Friend’s opening remarks, my health is fragile these days, so will he be careful about making such assertions about supporting the Government? However, it is plain that we have endeavoured to put together the option that gives the best outcome for Britain while obeying the decision of the people. That is what we have done, and it will work.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
The Prime Minister, in the first part of her speech, made a welcome commitment to enhance and protect workers’ rights, but at the end she was threatening to take them away, undercut the rest of Europe and rip up the British economic model if we do not get what we want. Can the Secretary of State now withdraw that threat and be clear that Britain will not do that, because if the Government are prepared to rip up workers’ rights as soon as the negotiations get difficult, how can we trust them to ensure that the rest of Britain’s interests are protected if the negotiations get difficult?
Mr Steve Baker (Wycombe) (Con)
The Governor of the Bank of England recently told the Treasury Committee that the financial stability risks to the eurozone are greater than those faced by the UK. Will the Secretary of State undertake to offer the European Union a full agreement to ensure that, through the withdrawal agreement, the eurozone continues to enjoy access to the City of London?
Mr Davis
The Governor and my hon. Friend make a very good point. The existence of the City of London ensures a pool of liquidity and an almost bottomless source of low-cost finance for most of the industries of Europe, so countries have every interest in doing the deal we have described. I reiterate that that is what we are relying on: that it is in everybody’s interests to do this—economically, socially and in terms of financial stability.
Andy Burnham (Leigh) (Lab)
As the Secretary of State knows, I support reforming freedom of movement, but in a way that does least damage to the economy, and particularly the regional economy. I see in the Prime Minister’s speech today that she makes specific mention of protecting the interests of Cardiff, Edinburgh, Belfast and the City of London, but there is no mention at all of the north-west of England, Greater Manchester or, indeed, any English region. Rather than leaving these crucial decisions to a London-centric, right-wing clique around the Prime Minister, is it not time now to open up this debate, give Greater Manchester a voice in it and establish a Brexit committee for the nations and regions?
Mr Davis
If the right hon. Gentleman is not careful, I shall invite him to jump on the M62 and come to visit me at my home in Yorkshire—that right-wing bastion in the north of England. What I would say to him is this: as he might imagine, I am acutely conscious of the needs of the north, and what I am intending to do—I had not intended to announce it today, but I will, since he has asked—after the mayoral elections is to get all the mayors of the north to come and have a meeting in York to talk about precisely that.
Sir Desmond Swayne (New Forest West) (Con)
It is a magnificent plan, but before the Secretary of State negotiates it, may I urge on him enormous patience, because our partners will first want to discuss the money —the division of the assets and liabilities?
Mr Pat McFadden (Wolverhampton South East) (Lab)
Today’s speech is a result of what we get when immigration policy is allowed to dictate economic policy rather than considering these crucial questions of immigration and economics together. The Prime Minister set out a plan to leave the European Union but did not set out a plan to keep anything like the current access to our biggest single market for jobs, businesses and trade. During the referendum campaign she said that pulling out of the single market would mean a loss of investors and going backwards on international trade. So what economic assessment did the Government make of the impact of today’s speech on jobs, trade and prosperity— or was the speech made without any such assessment at all?
Mr Davis
First, the outcome of the referendum last year was not principally about immigration, although a very large part of it was; it was principally about control of our country. If we talk to the people who voted, they would say that that is what they were concerned about, and that is what this is about. Since I was party to the writing of this speech, I can tell the right hon. Gentleman that we had the economic future of the country, the security of the country, the sovereignty of the country and our part in the world all squarely in our sights when we wrote it.
Alex Chalk (Cheltenham) (Con)
My right hon. Friend made it clear in his statement that “no deal is better than a bad deal”. In the unlikely—I am sure—event that we were to get a bad deal and the House were to vote against it, what would be the impact on our status within the European Union?
Mr Davis
The referendum last year set in motion a circumstance where the UK is going to leave the European Union, and the vote will not change that. We want to have a vote so that the House can be behind and support the policy that we are quite sure it will approve of when we get there.
Kate Hoey (Vauxhall) (Lab)
I welcome the Prime Minister’s speech today in the sense that it gives certainty to the millions of Labour supporters who voted to leave and now know that, “Taking back control”, is not just a slogan but actually means something. Will the Secretary of State assure us that in this interim period before we leave the EU, we will continue to work to negotiate trade deals with other countries—some of which might be nearly finished—so that we are ready to go when we actually leave?
Mr Davis
Of course we will do that; the hon. Lady is entirely right. We are constrained by a thing called the duty of sincere co-operation, which requires us not to do things that jeopardise actions by the European Union, so if the European Union currently has a trade deal in negotiation, we have to be very careful about how we impact on that. Of course we cannot actually sign anything until the day we leave, but I have a very strong suspicion that there will be a lot of things ready to sign on the very next day.
Mr Kenneth Clarke (Rushcliffe) (Con)
I apologise, Mr Speaker, for being unavoidably rather late in the Chamber. While I welcome the tone of the Prime Minister’s statement today and the commitments to free trade, internationalism and so on, which are very welcome, does my right hon. Friend agree that when he is negotiating free trade agreements or customs unions with any other country or group of countries, the parties both agree to be bound by sets of rules which neither of them is going to change? Any agreement involves submitting to some means of resolution of disputes, be it arbitration, a court of law, or the World Trade Organisation rules. What I do not understand when reading the Prime Minister’s statement or listening to my right hon. Friend is which country in the world is going to enter into a trade agreement with this country on the basis that the rules are entirely what the British say they are going to be on any particular day and that if there is any dispute about the rules, it is going to be sorted out by the British Government. [Hon. Members: “More!”]
Mr Davis
Opposition Members have a very short memory. I can forgive my right hon. and learned Friend because he did not hear the very first question, which was on exactly this point. I answered it in the same way that I am going to answer this one, which is to say that of course there will be agreements between us and they will be arbitrated by an organisation that we agree between us—not normally the European Court of Justice.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
Can the Secretary of State be absolutely crystal clear about this: do his statement and the Prime Minister’s speech today represent the totality of the plan promised to Parliament, and will there be a White Paper—yes or no?
Heidi Allen (South Cambridgeshire) (Con)
I am very pleased to hear that priorities include allowing EU citizens to stay here and allowing us still to access the vital skills that we need, especially for science and innovation. While appreciating that the Prime Minister’s negotiation cannot be open for all to see and that no running commentary will be possible, will the Secretary of State commit to listening to the globally recognised scientific organisations in my constituency, because their needs and requirements must be reflected in our negotiating aims?
Mr Davis
Broadly, yes. My hon. Friend is the Member for South Cambridgeshire. I was in Cambridge only just before Christmas to speak to a number of high-tech organisations—one of which was ARM, but a number of others as well, including some pharmaceutical ones—with the direct intention of informing exactly how we approach some of these complex matters in the negotiation.
Sammy Wilson (East Antrim) (DUP)
The Government took a wise decision to inform our EU partners that in the event of intransigence during our negotiations to establish a new partnership, we would not take it lying down and would use the fiscal and legislative levers at our disposal to ensure that Britain’s economic case was represented properly. Is the Secretary of State surprised at the casual way in which the Opposition have dismissed the use of these levers on the basis that it might start a trade war? Does he not accept that the sure way of getting intransigence from the EU is to throw away this economic deterrent that we have at our disposal?
Mr Davis
I am mildly disappointed but not surprised. What is perhaps surprising is that whenever we hear somebody threaten some sort of punishment sanction, the Opposition never say a word. This is something in the national interest, and every single member of our nation stands to gain by that.
Mr Dominic Raab (Esher and Walton) (Con)
I welcome the detailed plan set out by the Prime Minister for a post-Brexit Britain that means that we are a self-governing democracy and a firm friend to Europe but also with a global perspective. Does my right hon. Friend agree that it is absolutely vital that this is a positive vision, because that is how we can unite the country and make sure that Britain goes from strength to strength?
Mr Davis
My hon. Friend—my old friend—goes right to the heart of this. The purpose of this, and the reason we addressed the questions put by the Opposition, was that we wanted to get people behind a vision of Britain that will be in everybody’s interest—north and south; England, Scotland, Wales and Northern Ireland; every part of the country, rich and poor—and that is what we intend to do.
Stella Creasy (Walthamstow) (Lab/Co-op)
In 45 minutes, the Prime Minister has not delivered a plan—she has delivered a Pandora’s box. Let us talk of just one example raised by my right hon. Friend the Member for Leeds Central (Hilary Benn). The Prime Minister said that she wants us to leave the common commercial policy and the common external tariff but to have associate membership of the customs union—a type of membership that does not yet exist and that nobody else has. Can the Secretary of State tell us exactly what this means for deals like the Nissan deal on which thousands of jobs depend, or any others that are in train—or simply, what cake it is that he wants to have and eat this time?
Mr Davis
First, Nissan has decided to enlarge its investment in Britain, so it is clearly persuaded of this circumstance. Secondly, we have said from the beginning that the relationship—the new partnership—that we want to have with the European Union will be unique; it will be brand new. It is unique in many ways. Let me give the hon. Lady one example. In the trade deal that we are seeking to arrive at, we will have the same standards of production applying to all of Britain that apply to the European Union now. There is no other trade deal in the world like that. The same thing applies to the customs agreement. We are in a position where currently we have no customs barriers, so why should we not have a completely frictionless one when we get to the end of the deal?
Dr Tania Mathias (Twickenham) (Con)
Does the Secretary of State agree that having a strong, fair and global Britain must include showing support for EU nationals currently living and working in our communities? To that end, does he agree that we should unilaterally guarantee their rights, which would demonstrate our good will with a clear statement of intent?
Mr Davis
What we have done is to seek at the earliest possible opportunity to try to establish with the national Governments of those EU nationals an agreement covering those EU nationals, about whom we care deeply, but also British citizens for whom we have legal and moral responsibility—the point to remember is that we have a legal and moral responsibility for our own citizens—and those nations have not yet taken up the offer.
Keith Vaz (Leicester East) (Lab)
Further to the point made by the hon. Member for Twickenham (Dr Mathias), the speech contains the word “guarantee”, so there is a commitment from the Government that they want to do this. However, with 3.5 million EU citizens living in our country, what will be the cut-off date—23 June, the date we trigger article 50 or the date that we leave? Certainty is extremely important, and work needs to be done on the basis of when people arrived because a number of EU citizens will have arrived without passports, but with identity cards.
Mr Davis
The right hon. Gentleman will know, as the long-standing ex-Chairman of the Home Affairs Committee—it published a report on this, and put up three dates—that this is strictly a matter for the Home Office to initiate and to set policy on. However, the aim is clear: we do not want people who came to this country in good faith to feel fear or concern about their future. We want to be able to guarantee their future in terms of not just residency rights, but all the other things that go with it, such as welfare support and so on, and that is what we intend to do. He will forgive me if I do not pick a date out of the air, because he knows what would happen: that would create an instant problem either with a sudden rush of people arriving or concerns for those who arrived after that date, and I do not wish to make this any more difficult for people—very good, decent, productive people—than I want to.
Ben Howlett (Bath) (Con)
I, too, welcome the Prime Minister’s tone and her outlined objectives as she enters into the Brexit negotiations. I am also pleased that she has listened to her hon. Friends across the Government Benches about putting that to a vote in Parliament. Does my right hon. Friend agree that to ensure the Government are in tune with the will of Parliament, a full debate on the single market is desperately overdue? Does he agree that we should aim for a 0% tariff agreement with the European Union, so that Britain can be the best friend and neighbour of our European partners? To do anything else would certainly make my constituents, and I think Britain, poorer.
Sarah Olney (Richmond Park) (LD)
Once the UK has left the EU, there will be a £9 billion hole in EU finances. Given reduced resources, why do the Government believe that the EU will prioritise negotiating a trade deal with the UK over more lucrative markets, such as the US or China?
Mr Davis
I am afraid that the hon. Lady is wrong about the more lucrative markets. Once we are outside the European Union, we will be the largest market for the European Union, and it does not want to lose what it already has, which is the massive trade deficit—in their direction, as it were—that is very important for many millions of jobs on the continent.
Dr Daniel Poulter (Central Suffolk and North Ipswich) (Con)
I warmly welcome the statement by my right hon. Friend and the speech by the Prime Minister earlier. I am sure my right hon. Friend is aware of the importance of the British university sector for research, jobs and growth. That sector is particularly challenged by the process of exiting the European Union in relation to the workforce and many of the grants that it gets from the European Union. Will my right hon. Friend commit to prioritising working with the university sector to make sure it has a viable and strong future in a post-Brexit world?
Mr Davis
We are already doing that. As I mentioned to my hon. Friend the Member for South Cambridgeshire (Heidi Allen), I was in Cambridge just before Christmas with that very much in mind. Let me reiterate the point—I know I have previously made it from the Dispatch Box—that my job is, as it were, to bring back control of immigration policy to the UK, but hon. Members should not assume that we will do anything other than interpret that immigration policy in the UK’s national interests. We are a science superpower, and that science superpower status depends on our access to talent—our ability to get people to come and work in our universities, win Nobel prizes and do what they do very well here—and that is very much square and centre in what we are attempting to achieve.
Ms Angela Eagle (Wallasey) (Lab)
The Secretary of State was an early advocate of a White Paper. Downing Street has made it clear that there will be no White Paper, and that the Prime Minister’s speech is all we are going to get. Is he disappointed by that, and will he go back and ask her to think again so that we can have meaningful debates, with votes, ahead of the final agreement?
Mr Davis
Frankly, the hon. Lady should read the speech. It is almost 7,000 words of very closely argued strategy on our approach to the European Union. It answers all her questions that we can answer at this stage, and that is what we set out to do. We set out to help Parliament with its decisions, and I think that is what we have done.
Lucy Frazer (South East Cambridgeshire) (Con)
The hon. and learned Member for Holborn and St Pancras (Keir Starmer) suggested that the European Court of Justice would retain jurisdiction over disputes in respect of the trade deal. Given that the Canada trade deal contained an arbitration clause, does the Secretary of State think that that is absolutely necessary?
Caroline Lucas (Brighton, Pavilion) (Green)
May I suggest to the Secretary of State that his Government’s threat to turn Britain into a corporate tax haven floating off the edge of Europe is not what people voted for on 23 June, and that people also did not vote to wreck our environmental protections? Will the Government therefore introduce a new environmental protection Bill, as advocated by the Environmental Audit Committee, so that vital safeguards for nature are neither quietly dropped through secondary legislation, nor bargained away in the rush to conclude new trade deals, for example with the US?
Mr Peter Bone (Wellingborough) (Con)
In the Secretary of State’s long and distinguished political career, did he ever think that in his political lifetime a British Prime Minister would make such a splendid speech on the EU, totally in line with the British people?
Chris Bryant (Rhondda) (Lab)
Russia has been up to its usual tricks in trying to stir up trouble between Serbia and Kosovo this week, and it is of course trying to face down the United States of America and, for that matter, other members of NATO on the border with Poland and Estonia. I believe that the bedrock of our national security is NATO—I hope my party does, too—but on coming back from the EU, successive Foreign Secretaries, Home Secretaries and Prime Ministers have come to this House and said that they are proud to have been able to make sure that the EU keeps strong sanctions in place against Russian territorial aggression. How will we be able to do that in future when we have left the European Union?
Mr Davis
We will be able to do that by bilateral negotiation, but let me go back to the fundamentals of what the hon. Gentleman said. He is right that we need to contain Russian expansionism, and that that is an important part of this country’s role in the world. One of the most important parts of what was an incredibly important speech was where the Prime Minister made it very plain that we will continue to be a good global citizen and a good European citizen, particularly on matters of regional security.
James Morris (Halesowen and Rowley Regis) (Con)
I welcome today’s statement and the clarity it brings. In the black country and the wider west midlands economy, businesses have driven export growth, particularly outside the European Union. Does the Secretary of State agree that any agreement on access to the single market must not constrain the ability of west midlands exporters to continue to ply their trade outside the EU and grow their exports?
Mr Davis
My hon. Friend makes a point that goes to the heart of the approach to the customs union. The reason we are not going to be a part of the common commercial policy is to enable us to make the deals that enable black country industrialists to make the maximum out of international trade.
Hannah Bardell (Livingston) (SNP)
EU workers in Scotland contribute £7.5 billion to our economy, not to mention the huge contribution they make to our social fabric. What is the Secretary of State going to do to protect their rights and Scotland’s place in Europe, which they voted for by a majority in the EU referendum?
Mr Davis
There is a part of the Scottish Government’s report that relates to this issue. As I said to one of my colleagues earlier, we will not be managing the immigration policy or migration policy in a way that harms the national interest. That means not causing labour shortages or shortages of talent and so on. That applies not just globally, but to each nation state of the United Kingdom.
Victoria Atkins (Louth and Horncastle) (Con)
I welcome the Prime Minister’s plan for Britain and her speech today. I represent a rural constituency that has a long history—and future—of agriculture. Will my right hon. Friend assure the House that agriculture will be central in any trade negotiations, and that the high quality of food standards for which British farming is famed will be a key principle in those negotiations?
Stephen Timms (East Ham) (Lab)
On rethinking immigration policy, will Ministers consider allowing EU citizens to come to the UK if they have a firm job offer in the UK as part of the quid pro quo for barrier-free access to the single market, which the Secretary of State said is his goal?
Mr Davis
If I remember correctly from the Prime Minister’s speech, she made the point that this is not at all a policy to shut out Europeans; it is a policy to deliver the best interests of the United Kingdom and the best interests of the European Union. We will therefore keep that in mind.
David Rutley (Macclesfield) (Con)
I welcome the Prime Minister’s speech and her plans. Does my right hon. Friend agree that his negotiations will be greatly enhanced by his commitment to working with British business, and that the Government’s commitment to shaping a modern industrial strategy with British business will provide a clear vision for our post-Brexit economic future?
Mr Davis
The two policies, the industrial policy and the negotiating policy with the European Union, fit together hand in glove. My hon. Friend is quite right. We have paid an enormous amount of attention to business, finance, manufacturing, aviation, energy and so on—every single sector; 51 different sectors—to get the best possible deal that suits all of them. We will continue to do so.
Mr Chuka Umunna (Streatham) (Lab)
Trading with the EU under WTO rules would be vastly inferior to our current arrangements, with 10% tariffs on cars, 13% tariffs on clothes and up to 40% tariffs on the agricultural produce the hon. Member for Louth and Horncastle (Victoria Atkins) was talking about. For the sake of clarity, will the Secretary of State be absolutely clear: does the Prime Minister’s commitment to an interim implementation arrangement amount to the Government ruling out leaving the EU with no deal at all, and amount to the Government ruling out ending up trading under WTO rules, because that would be very, very damaging for jobs and businesses in this country?
Jeremy Lefroy (Stafford) (Con)
I welcome the Prime Minister’s tone this morning in the building formerly known as Stafford House. Does the Secretary of State agree that the issue of no cliff edge and of a really well worked out implementation plan is incredibly important, not just for businesses but for the entire economy and all the people of the United Kingdom—and, indeed, of the EU?
Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)
If we are looking for things that unite us and enable us to exit the European Union more smoothly, may I suggest to the Secretary of State that he starts talking to the Home Office and to Ministers who deal with universities to find a way to properly remove the numbers of international students from the immigration figures?
Mr Davis
Having explained earlier how I got the job by being oleaginous to the boss, I think answering that question would lose me the job because that is a matter for the Home Office. As I said earlier in answer to other questions, the right hon. Lady can be sure that the operation of the immigration policy after we depart the European Union will be in the national interest. That includes in the interest of our incredibly powerful and effective university sector.
Alec Shelbrooke (Elmet and Rothwell) (Con)
As the shadow Minister said, this is not a hard Brexit and nor is it a soft Brexit. This is a plan for Britain on Brexit. The pound is up almost 3% since the Prime Minister’s announcement this morning, so I urge my right hon. Friend not to give in to the voices opposite who want a constant commentary, but to carry on the very clear strategy, laid out since he took the post, of making announcements when there is something to announce. The markets today prove that that stability works.
Mr Davis
I am slightly loth to pin the entire effectiveness of the strategy on the currency markets, although I have to say that the two speeches have managed to move the pound by a total of 5%. I have made more money on that than in the rest of my entire industrial career! But I take the point. This is a very important issue and we must not give a running commentary on it. However, the Opposition had a point: clarity is worth while and that has been demonstrated today.
Phil Wilson (Sedgefield) (Lab)
The Prime Minister said in her speech that we are leaving the single market and that she is going to negotiate a free trade agreement with the EU. She said that the free trade agreement
“may take in elements of current single market arrangements in certain areas”.
She continued:
“If so…it is reasonable that we should make an appropriate contribution.”
Will the Secretary of State today confirm that the Government are considering continuing to make a financial contribution on that basis to the EU?
Mr Davis
The hon. Gentleman should have listened to the questions, when the Prime Minister elaborated and pointed out that there are elements of the European Union where it is to our benefit—some of the research arrangements and so on. We are not in the business of going into great detail beyond that. As I have said before, we are not closing doors but nor are we committing to things at this point.
Richard Drax (South Dorset) (Con)
Well done the Prime Minister; well done my right hon. Friend. Does he share my optimism that access to the European markets will not be affected by our departure? The millions of European workers will not allow their politicians or their bureaucrats to threaten their livelihoods simply to punish the United Kingdom.
Dr Alasdair McDonnell (Belfast South) (SDLP)
I commend the right hon. Member for Broxtowe (Anna Soubry) for her sanity and common sense, and the right hon. and learned Member for Rushcliffe (Mr Clarke) for bringing a degree of integrity to the discussion.
Does the Secretary of State for Exiting the EU recognise that I, and thousands of others in Northern Ireland, will not be leaving the EU willingly? We recognise the very significant benefits that have flowed from EU membership. We hold EU passports and we intend to retain them. What arrangements will he make to accommodate the people like me and the 70% of my constituents who voted to remain in the EU and intend to retain the benefits? Will he, while he is at it, perhaps tell us how he intends Northern Ireland to have its voice heard at Joint Ministerial Committee meetings and in the negotiations generally over the next three months?
Mr Davis
Since the beginning of this process—since I took up my post—we have put the preservation of the stability and the interests of Northern Ireland pretty much at the top of the tree of the negotiations, particularly on issues such as maintaining an open border and preserving the economic basis of Northern Ireland, which is very dependent on trade with the Republic of Ireland. On the JMC, I do not know if it has gone yet but yesterday I approved a letter to the Northern Ireland Executive—although the next Government are now subject to an election, most Ministers are still in place—asking that during the interim period they send representatives, whether ministerial or otherwise, so that we are always across the interests of Northern Ireland. The hon. Gentleman must take it as read that I am absolutely committed to maintaining the stability, peace and prosperity we have got used to in the last several years.
Mr Jonathan Djanogly (Huntingdon) (Con)
As the Secretary of State said, giving up our membership of the EU and the single market is not incompatible with our negotiating access to the single market, either in whole or in part, but has he yet considered the red lines he might put down on what we pay for such access?
Mr Davis
I have considered them, but the idea that I might talk about them is another matter. There is a naive belief in modern politics that we have to establish, in some butch way, red lines. If we were to establish a red line, we would invite those with whom we are negotiating to make that red line very expensive. I do not therefore intend to get into the business of laying out red lines here, there and everywhere; I intend to get the best possible outcome for the country.
Dame Rosie Winterton (Doncaster Central) (Lab)
The Prime Minister has said we will be leaving the jurisdiction of the European Court of Justice, but will the Secretary of State, who has been a strong advocate of human rights, confirm that we will not be leaving the European convention on human rights?
Tom Pursglove (Corby) (Con)
I wholeheartedly welcome my right hon. Friend’s statement and that of the Prime Minister. Steel production is hugely important in Corby and east Northamptonshire, so will he pledge to continue to consult widely on the future of the steel industry to make sure we get these arrangements right, because this is a vital and strategically important industry for our country?
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
The Secretary of State talked about bumps in the road, but this threatens to be a head-on car crash for Wales, where trade with Europe supports 200,000 jobs. Does the Secretary of State have any idea how many jobs will be lost in Wales as a result of the Government’s chosen path?
Stephen Hammond (Wimbledon) (Con)
I believe that the Prime Minister’s plan is a pragmatic one setting out our ambition to continue to attract the best talent, to have access to the single market and to ensure a phased implementation. It certainly recognises the ambitions of the financial services industry. Will my right hon. Friend confirm to the House that he will follow the Prime Minister’s lead, put the needs of the financial services industry at the forefront of his negotiations and secure mutual recognition and equivalence in those negotiations?
Mr Davis
Following my earlier oleaginous comments, of course I will follow the Prime Minister’s lead. Yes, financial services are an enormously important industry, supporting—along with all the associated service industries that support it—1.9 million jobs, so we will treat it as incredibly important. It also generates a great deal of revenue for the Treasury, however, so even if I did not pay attention to it, I am sure the Chancellor would.
Catherine McKinnell (Newcastle upon Tyne North) (Lab)
Some 58% of north-east exports are destined for the EU—10% more than the UK average—which leaves our region the most exposed to leaving the single market, so will the Secretary of State say what assessment he has made of the risks and what conversations he has had with business organisations and others in the north-east to ensure that our voice is heard in these discussions and that the jobs that depend on our access to the single market are not put at risk?
Mr Davis
I am not a southerner, so the hon. Lady will understand that I come at this with a slightly different view from some. Companies such as Nissan clearly took a view too. I want to make it clear to the hon. Lady that the aim of this strategy is to deliver the maximum possible access to the EU marketplace, as well as access to other global marketplaces. Those two things will be to the benefit of the north-east as much as anywhere else.
Amanda Milling (Cannock Chase) (Con)
Nearly 70% of my constituents voted to leave the EU, so I very much welcome the Prime Minister’s speech today and my right hon. Friend’s statement outlining the plan for delivering exit. On trade, will he outline in a little more detail how the Government will ensure that businesses such as those in Cannock Chase can make the most of global trade opportunities as we exit the EU?
Mr Davis
Strictly speaking, my hon. Friend should address that question to the Department for International Trade. One element of its work involves negotiating new deals, but the other involves facilitating access to those markets, particularly for medium-sized businesses—the ones where we underperform—so it will be doing that as well.
Margaret Ferrier (Rutherglen and Hamilton West) (SNP)
The second of the Prime Minister’s Brexit principles is that leaving the EU will mean that our laws will be made in Westminster, Edinburgh, Cardiff and Belfast. In the spirit of principle 1, which is that the Government will provide certainty wherever they can, will the Secretary of State now provide details to the House of what further devolution—the right powers, as he called them—there will be to the devolved Administrations following our exit from the EU?
Mr Davis
First, not a single power will come away from the devolved Administrations—[Interruption.] Yes, but if one were to listen to people sometimes, one might think we were going to strip the Scottish Parliament of powers, which is not true. Secondly, on the hon. Lady’s specific question, I can give the principles but not the details at this stage: my presumption is that we will devolve wherever possible, so long as it does not undermine the UK single market, which is incredibly important to Scotland—about five times more important than the European single market—so long as it preserves the Government’s ability to carry out international negotiations and so long as we can meet international standards. Those are very important. Subject to that, however, I am on her side in terms of devolving.
Jason McCartney (Colne Valley) (Con)
I totally agree with my right hon. Friend that the UK is one of the best places for innovation and science, not least because we have many world-class universities, including in my hometown of Huddersfield. Is that not exactly why our European allies will be eager to build a strong new relationship?
Steve McCabe (Birmingham, Selly Oak) (Lab)
No deal might be better than a bad deal, but is not the reality that no deal means that, despite their best efforts, the British Government have been unable to conclude what they regard as a satisfactory outcome to the negotiations, leaving us therefore with what the other 27 members want to impose on us, and does that not sound like a pretty bad deal?
Craig Mackinlay (South Thanet) (Con)
I am sure that the Secretary of State shares my enthusiasm for the clarity in the Prime Minister’s speech today on her vision for a global Britain, and freedom from the customs union and the constraints of single market membership, but how will he impart that same enthusiasm to our EU friends and partners as we approach this future in order that they might realise it is as good for them as it is for us—that it is a positive-sum game?
John Mann (Bassetlaw) (Lab)
EU procurement rules have led to the privatisation of parts of the health service, including part of the ambulance service in the east midlands. Will the Secretary of State guarantee that when these negotiations are concluded and put in front of Parliament, we will have the opportunity, if we so choose, to renationalise the entirety of the health service, and indeed the rail industry, without EU procurement rules getting in the way?
Henry Smith (Crawley) (Con)
I very much welcome the Prime Minister’s speech today, and indeed my right hon. Friend’s statement. Over the weekend, the New Zealand Prime Minister visited London and expressed a desire for a trade deal, and US President-elect Trump also wants a swift deal with the UK. There seems to be some confusion, so can my right hon. Friend confirm that we cannot negotiate global free trade deals if we remain members of the customs union?
Alan Brown (Kilmarnock and Loudoun) (SNP)
The 12-point fantasy wish list includes the UK doing away with free movement, coming out of the customs union and leaving the single market, yet we are to maintain a common travel area and free movement with Ireland. How can that work for Ireland, when we are constantly told that such arrangements would not be possible between Scotland and England?
William Wragg (Hazel Grove) (Con)
My right hon. Friend is the man with the plan. [Interruption.] Opposition Members may mock if they wish, but will my right hon. Friend ensure that those wanting a running commentary will not get their way in wrecking the negotiation?
Lady Hermon (North Down) (Ind)
The Secretary of State and indeed the Prime Minister are very keen to repeat that no one wants a return to the borders of the past between Northern Ireland and the Republic of Ireland. Of course no one wants a return to those borders, with Army patrols and all the rest of it, but the reality is that we cannot have a return to the border of the past because we do not have the Army watchtowers. They have gone, but dissident republicans have not; they have murdered two prison officers in the last four years in Northern Ireland, so this is a really serious issue.
I do not want to go back to that very hard type of border, but the border is porous in South Armagh, and there is 300 miles of porous border. If we are not going back to the borders of the past, are the British Government proposing to outsource our immigration control to the Irish Government when it comes to Limerick, Dublin and Shannon? What are the British Government going to do? I hope that some light is thrown on this in this debate today, because I am so tired of hearing that soundbite: “No one wishes to return to the borders of the past.”
Mr Davis
The first thing to say is that there is, of course, an open border now. I do not wish to give the hon. Lady soundbites, but there are other open borders in Europe—though perhaps not in places with quite the same security issues—such as those between Norway and Sweden, where customs and excise work across the border, but it is frictionless. That is what we would aim for. On the security front, the hon. Lady’s question is more one for my right hon. Friend the Secretary of State for Northern Ireland.
Gareth Johnson (Dartford) (Con)
Some 44% of our exports go to the European Union. Does the Secretary of State agree that in many respects, that figure is part of the problem, given that just 7% of the world’s population live in the EU? Does he agree that today’s decision to come out of the single market gives us a wonderful opportunity to be more global and international with our trading partners? [Interruption.]
Mr Davis
Yes, it is a really difficult one. My hon. Friend will know better than me that over the last 16 or 17 years, the balance of our exports to Europe and the rest of the world has almost turned around. It was about 60:40 in favour of Europe 20 years ago; it is now almost 60:40 the other way. That reflects the much higher growth rates in global markets than in the European Union. This is one of the opportunities arising from our exit from the European Union.
Kerry McCarthy (Bristol East) (Lab)
The Prime Minister has come up with this wish list and a threat of a scorched earth policy of slashing taxes and protections, and inevitably public services, if she does not get what she wants. Many of the Secretary of State’s colleagues would regard that as an ideal scenario—as the economic model that they would love to see implemented—so how will he square those things during the negotiations, and ensure that we hold out for the best deal, rather than this deal, which would be absolutely terrible for this country?
James Cartlidge (South Suffolk) (Con)
Whether we like it or not, it is a statement of economic fact that a large part of our economy is heavily dependent on hard-working, unskilled migrants from the European Union. Does my right hon. Friend accept that there is still likely to be some unskilled migration into this country after we leave the EU? If so, will it be the case, as at present, that unskilled migrants can come to this country legally only from the EU, or will our migration system be global, too?
Mr Davis
My hon. Friend is right that a level of unskilled migration is likely to continue. Where from and how it is to be controlled will be matters for the new immigration policy, which will be under the control of this House—a point to which I keep returning. My job is to return the policy here; it will then be the job of this House to make the right decision in the British national interest, and I am sure that it will.
Matt Warman (Boston and Skegness) (Con)
My constituency voted, as Members know, more strongly than anywhere else in the country to leave the European Union, and I know that many people in Boston and Skegness will welcome the clarity and tone of today’s announcement. Does the Secretary of State agree that when the people of Boston and Skegness voted for this country to be able to control its immigration policy and do our own trade deals, they were voting knowingly to leave the customs union and the single market?
Mr Davis
I do not want to get into trying to interpret everybody’s inner thinking, but the simple truth is that advocates on both sides of the argument made it plain during the campaign that they thought leaving the European Union meant leaving the single market. I cannot think that the decision was made in ignorance.
Albert Owen (Ynys Môn) (Lab)
The Secretary of State has said that maintaining the common travel area between the Republic of Ireland and Northern Ireland is an objective, and he has mentioned the history, but for the first time ever, one partner will be a member of the European Union and one will not. Can he give some clarity to people such as myself, who are by a porous border with the Republic of Ireland, on whether the common travel area will mean the free movement of people, or the free movement of people, goods and capital? Many people who travel do so with goods under these arrangements. Will Welsh ports be subject to customs?
Mr Davis
Let me pick up both parts of the question. The hon. Gentleman is right: only one of the two countries in the area will be in the European Union. I discussed that issue with Mr Barnier, and the point that came across very clearly was that the European Union is very proud of its position in the peace process and does not want to jeopardise it. I believe that the terms of the 1949 Act will apply, whereby Irish citizens will be treated the same as British citizens and vice versa.
Robert Jenrick (Newark) (Con)
I am loth to disagree with my parliamentary neighbour, my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke)—people are trying to build a statue of him in my constituency, but I put that to one side—but I cannot think of a single trade treaty between the EU and another country that uses the European Court of Justice to organise its dispute issues. Every treaty that the EU has ever signed, as far as I am aware, uses either an international arbitration system or the World Trade Organisation, so there is absolutely no reason why my right hon. Friend and the Government could not achieve that in our negotiations.
Mr Speaker
It would be good if it were a speaking statue. I fear that otherwise it will not fully capture the richness of the right hon. and learned Member for Rushcliffe (Mr Clarke).
Mr Davis
My hon. Friend the Member for Newark (Robert Jenrick) is right. I cannot imagine that most countries doing deals with the European Union would agree that the European Union’s own court could make the judgment; the judgment would of course be made by an independent court, and generally is.
Helen Hayes (Dulwich and West Norwood) (Lab)
The Secretary of State has confirmed that my constituents who are EU nationals will still be used as bargaining chips to secure the rights of United Kingdom nationals living in the EU. The uncertainty is already having an impact on our NHS, universities and the construction sector, among other sectors of our economy. Why will the Secretary of State not retain the moral high ground, confirm the rights of EU nationals living in the UK and their status as valued members of our community and important contributors to our economy and public services, and then seek to hold EU countries to the same high standard of decision making as regards the rights of UK nationals?
Mr Davis
The point about dealing with people as a block is that it makes no one a bargaining chip. The trouble is that once we start separating groups, we will turn the remainder into a bargaining chip, and that is absolutely what we must not do. We have a legal responsibility to our citizens. That being said, I have said many times, in every public forum in which I speak about this subject, that we are determined to secure a good, guaranteed position for those people. They should not worry. We just need to get all the other countries lined up to agree with us to do that. We wanted to do it earlier, and we tried to, but we have not been able to do it yet. We will do it as soon as we can.
Mr Andrew Turner (Isle of Wight) (Con)
Will my right hon. Friend explain what will happen to fisheries?
Martin Docherty-Hughes (West Dunbartonshire) (SNP)
It is a pity that the Secretary of State was unable to be present for the statement by the Secretary of State for Northern Ireland. If he had been present, he would have recognised that the White Paper—that is what the Secretary of State for Exiting the European Union called it—is a catastrophe. Will he assure us that the Ireland Act 1949, which he has mentioned and on which I have pressed him several times, will not be revoked either before or after Brexit, and that the United Kingdom Government will confirm that they will not impose a hard border with their closest European Union member, Ireland?
Daniel Zeichner (Cambridge) (Lab)
When Switzerland voted in 2014 to restrict immigration, its future participation in key EU research programmes was thrown into doubt. Just a few weeks from the deadline, it has reached a compromise that allows it full participation, in return for free movement with some tweaks. Our science, research and university sector demands no less. Today, however, the Prime Minister offered no more than an aspiration: she offered no plan at all for the sector. Two years of uncertainty will do huge damage. Just how much damage to one of our key sectors are the Government prepared to countenance?
Mr Davis
As nonsense questions go, that pretty much takes the biscuit. We have made very plain indeed what we intend in this regard. We are a dominant scientific power in the European Union. We have worked night and day to ensure that we guarantee the position of students and research grants, and we will continue to do so. If the hon. Gentleman plays that down, he will harm the very sector that he is supposedly trying to protect.
Neil Gray (Airdrie and Shotts) (SNP)
Given that nearly everything that has been said by the Prime Minister and the Secretary of State today is incompatible with the Scottish Government’s “Scotland in Europe” compromise document, how do the UK Government plan to honour the promise to take those proposals seriously, unless they now plan to explore all options to support continuing Scottish membership of the single market?
Mr Davis
As I said in an earlier answer, that paper will come before us in a few days’ time. It has, of course, more than one component. The hon. Gentleman talks as though it were only about the so-called—opt-out, do they call it? But it also contains questions about devolution, and the treatment of employment and immigration, all of which we will discuss at that time. We will treat those questions seriously, as we always have.
Joanna Cherry (Edinburgh South West) (SNP)
At the weekend it was reported that Michel Barnier, the EU’s negotiator, was prepared to contemplate a special deal for the City, and the UK Government have indicated in the past that they might look at special sectoral deals for the City and for Nissan. Does the Secretary of State accept that there is scope for the differentiated deal that the Scottish Government seek if he and his Prime Minister have the political will to support it?
Mr Davis
This is very unusual for the hon. and learned Lady, but she has not quite got Michel Barnier’s statement right. What he is reported to have said, although I think he subsequently denied it, is that he saw that there would be risks to the financial stability of the European Union if it did not maintain open access for the City of London. The hon. and learned Lady was also wrong in saying that we had talked about special deals for any sector. We have not. [Interruption.] The aim of the British Government is to ensure that the whole economy succeeds as a result of this policy, not just one part of it; and that includes Scotland.
Wes Streeting (Ilford North) (Lab)
The Secretary of State says that no deal is better than a bad deal, but what he has not made clear is that no deal is a bad deal. Given that the Chancellor told the Treasury Committee that the Prime Minister should enter the negotiations with the widest possible range of options available, why have the Government today chosen to rule out the best possible deal with the European Union, which is membership of the single market, membership of the customs union, and, as a result, free-flowing goods and trade with the largest single market in the world on our own doorstep and access for British businesses to half a billion customers?
Mark Durkan (Foyle) (SDLP)
Brexit is a bigger factor in the political discoloration in Northern Ireland at the moment, partly because common membership of the EU and its institutions was absolutely germane to the Good Friday agreement. The Secretary of State needs to recognise that any negotiations that follow these elections and precede the restoration of our institutions will involve returning to and renewing fundamentals of the Good Friday agreement. That means that people will be looking at strand 2, and the need to ensure that the island of Ireland can work and be worked as part of the European economic area in the future.
The question of when powers over rights are transferred or devolved after the great repeal Bill will be a key political issue. No one in Northern Ireland will trust the House of Commons with the dilution of rights before powers are devolved when any attempt to improve them can be vetoed by the Democratic Unionist party, as we have seen in the past. It would be like asking Attila the Hun to mind your horse.
Mr Davis
I am not entirely sure that I understand the reference, but one of the reasons why I wrote to the Northern Ireland Executive was to ensure that we had representation in the Joint Ministerial Committee during the election process. I do not foresee the removal of any rights, and, as I said to a Labour Member earlier, this is one area in which we expect a great deal of co-operation from the European Commission to secure an outcome that will be beneficial for everyone.
Mr Mark Hendrick (Preston) (Lab/Co-op)
Will the Secretary of State tell the House why on earth the other 27 members of the European Union should give the UK the benefits of single market membership without the costs? A bespoke deal that provides barrier-free and tariff-free access to the single market sets a precedent, and offers other EU states an incentive to leave the European Union. How is that good for them?
George Kerevan (East Lothian) (SNP)
The Prime Minister ended her speech this morning on a very gracious note: she said that the victors in the Brexit debate in the UK should be magnanimous towards those who lost. I put it to the Secretary of State that magnanimity means accepting that Scotland wants to stay in the single market and that the discussions from now on should at least leave the door open to that ask from Scotland.
Mr Davis
As I said earlier, and as I have said to Mike Russell, I have not commented publicly on the report even though I have read it in detail because I want to have an open discussion about it later. That does not mean that we are going to agree on everything, but we are going to treat it with respect.
Kate Green (Stretford and Urmston) (Lab)
The EU is in the process of concluding international trade deals with, for example, Japan and Canada, which the UK Government have warmly supported, believing they will be good for the UK economy; I understand that the UK Government estimate that the Japanese deal could be worth £5 billion annually to the British economy. How quickly can those deals be replaced when we leave the EU, and what modelling have the Government done of the potential cost to our economy if they cannot quickly be replaced with new deals?
Mr Davis
There is little point in modelling what is not going to happen. For many of the most important deals for us, the expectation is that we will get, as it were, an immediate transfer, and then we will start talking about improving the deals between us. Not all EU trade deals have been that beneficial for Britain, and we could certainly improve some of them.
Tom Elliott (Fermanagh and South Tyrone) (UUP)
I noted the Secretary of State’s assertion about controlling our own laws and ending the authority of the European Court of Justice in the United Kingdom, and I want to put it on the record that I support that proposal. When that takes place, what will be the authority or standing of any decision relative to the United Kingdom that has already been taken by the Court?
Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
Free trade in goods is much easier to achieve than the free flow of services where non-tariff barriers are the problem. How will the Government seek to ensure the continued success over time of UK financial service exports to Europe when we no longer get a say in the regulatory harmonisation that has facilitated that success so far?
Mr Davis
The hon. Gentleman may have noticed that last week TheCityUK, which obviously has an interest in the area he refers to, was talking about mutual recognition and external equivalence, as it were, rather than passporting. We have not arrived at a conclusion on that yet, but he is right that the goods side of it will be easier. That is partly because the single market is very incomplete in services. However, notwithstanding that, we have been very successful in this area, and he may take it as read that we will continue to facilitate that success.
Ian Paisley (North Antrim) (DUP)
The Secretary of State will know that my constituency had the largest leave vote in Northern Ireland, and one of the largest in the United Kingdom by dint thereof. Will he confirm that he will not fall for some flawed, special status, hokey-cokey, half-in, half-out arrangement that is currently being sought by some people, and instead give my constituents absolute clarity and certainty that the Brexit deal will apply to all of Northern Ireland in the same way as it will apply to the people in his constituency?
Mr Davis
Yes, it will apply across the whole United Kingdom I think, but, as I have said, I am trying not to prejudice other discussions. What I will say to the hon. Gentleman is this: in what we are doing in this negotiation, the interests of Northern Ireland and his constituency will be at the forefront of our thoughts.
Tommy Sheppard (Edinburgh East) (SNP)
Three quarters of my fellow citizens in the great city of Edinburgh voted not to turn their back on the EU, Mr Speaker, so you will forgive me if I wholeheartedly do not welcome today’s statements. However, I welcome the Secretary of State’s now repeated suggestion that he will take seriously the proposals of the Scottish Government, so let me press him on this matter. Some in his party have said that there can be no differential arrangements in the regions and nations of the United Kingdom post-Brexit on principle, even when it can be demonstrated that they will benefit the UK as a whole. Does he share that view, or will he consider proposals on their merits?
Mr Davis
I have said already that we will respect the view of the Scottish Government on this, but I have also said that that does not mean that we will agree on all parts. Let me mention one practical issue that I, if nobody else, have to deal with. The leading Norwegian members of EFTA have said that the aspect the hon. Gentleman refers to will not work for them, and the Spanish Europe Minister has said that it will not work for them either. We clearly have a few hurdles to get over before that becomes a runner.
Stewart Malcolm McDonald (Glasgow South) (SNP)
The new Britannic isolation that the Government now seek must not be at the expense of EU nationals in this country—or indeed, I accept, UK nationals in Europe. The Secretary of State has said that he has tried to resolve this issue and wanted to do so some time ago, so can he tell us exactly what the problem is? What barrier is in the way that is stopping him resolving that, and how do we best get it lifted?
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
The Prime Minister’s fixation with leaving the jurisdiction of the European Court of Justice clearly jeopardises the extent of our ongoing co-operation in EU justice and home affairs issues, which she says she values. If those ambitions collide, surely the Secretary of State will agree that security co-operation must trump leaving the European Court’s jurisdiction.
Callum McCaig (Aberdeen South) (SNP)
“No deal is better than a bad deal”: I am slightly perplexed by that. How could a negotiated deal possibly be worse than something that the Secretary of State refers to as a “cliff edge”? Is he really that bad at negotiation?
Patrick Grady (Glasgow North) (SNP)
Of all the laws and regulations that will be democratically repatriated to this Parliament by the great repeal Bill, which is the first that the Secretary of State himself would like to see reformed or repealed? When the great repeal Bill goes through, can he guarantee that the rights of this Parliament to scrutinise legislation will be maintained and the great repeal Bill will not be the great power grab?
Mr Davis
On the question about the first one to repeal, I do not really have a favourite, but I will tell the hon. Gentleman the last one: the protection of the employment rights of United Kingdom citizens both in Scotland and in the rest of the UK, because I made the promise from the first day in this job that that is one thing we are not going to change.
The Government's Plan for Brexit
David Davis Excerpts(7 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Keir Starmer
I have made it absolutely clear that nothing in today’s motion precludes any party, including my own, from tabling an amendment to proposed legislation, if there is proposed legislation, and voting on it. I am astonished that some Members are willing to pass up the opportunity to have a vote in the first place and to restrict our ability to debate amendments.
The Secretary of State for Exiting the European Union (Mr David Davis)
I do not want to break the hon. and learned Gentleman’s flow, but I want to make a factual point. Will he please answer the question that has just been put to him? Given that he supports the amendment, does he think it reasonable that some want to frustrate and slow down the article 50 process?
Keir Starmer
I have made it absolutely clear—and I will make it absolutely clear again—that the purpose of the motion calling for a plan is not to frustrate or delay the process. That is not why we are calling for a plan. This presents a challenge for the Government, because they now need to produce a plan in good time to allow the proper formalities and processes to be gone through. The timetable is more of a challenge for the Government than it is for the Opposition.
Keir Starmer
I think it is pretty straightforward and I have said this on a number of occasions. I fully accept that the Government will enter into confidential negotiations for a number of months and that producing a plan should not undermine that process. This is not the first time that I have said that; I have said it repeatedly. Some argue that we should not produce a plan because saying anything might undermine the negotiations, but I do not accept that. I do, however, accept that there is a level of detail and of confidential issues and tactics that should not be disclosed, and I have never said otherwise.
I want to put the contrary proposition, to see how comfortable Members really are with it. Absent of a plan and of our knowing the objectives and starting position, the Government would then negotiate for two years without telling us any of that detail. Are any Members of this House content not to know any of that between now and March 2019? Hands up who does not want to know that and is happy to say, “I don’t need to know. Whatever you are negotiating is fine by me.”
Mr David Davis
The hon. and learned Gentleman is an experienced lawyer, so I am sure that putting up Aunt Sallies is old hat to him. Given that he thinks that the alternative is telling the House nothing, I ask him what he thinks of these comments, which I have made eight times to this House:
“As I have said several times in debates that the hon. Gentleman has attended”—
this was in response to the hon. Member for Kilmarnock and Loudoun (Alan Brown)—
“I will make as much information public as possible without prejudicing our negotiating position.”—[Official Report, 20 October 2016; Vol. 615, c. 952.]
Keir Starmer
I heard that point being made and I understand and respect the Secretary of State’s position on this issue and his history on issues of scrutiny and accountability. I also understand why he feels uncomfortable not disclosing the information that can be disclosed, but the motion moves the issue on and makes it clear that there will be a plan, while, of course, preserving that which needs to remain confidential.
I acknowledge that the Secretary of State made those comments and that he has said on more than one occasion that, when the Government have reached a judgment on the customs union—I assume that he also means when they have reached a judgment on the single market—they will make that position public. I therefore anticipate that the Secretary of State has no difficulty with a plan that sets out the position on the single market, the customs union, transitional measures and the like, because that is the direction of travel that I have understood him to be going in. The plan commits him to it and puts it in the framework of scrutiny and accountability that will come with proposed legislation on article 50, but I do acknowledge what he has said.
Mr David Davis
I thank the hon. and learned Gentleman for that acknowledgment, but let me pick up on the issues that he has raised. There may be circumstances in which the criteria and aims are clear, but the individual policy is not. There may be several options and it might be in our negotiating interests to keep more than one of them open. Surely that does not necessarily require that we specify in detail any individual line of pursuit.
Keir Starmer
I understand the Secretary of State’s point. To some extent, we will probably return to this debate as and when the plan materialises, but it is important there is no mischaracterisation. Asking for a plan setting out the objectives is not to seek to undermine the UK’s negotiating hand, nor is it to seek a running commentary. It is, in fact, to seek to have clarity, scrutiny and accountability.
Keir Starmer
Yes; good. We are working with our European colleagues on that issue, but that is after article 50 has been triggered. We are discussing what comes before. Of course, there are stages in the process. The plan is important because it is the start of the process: it sets the scene and the direction of travel. Once article 50 has been triggered, MEPs will be involved in the process, because they have a vote at the end of the exercise. I acknowledge that the Secretary of State has said on a number of occasions that whatever information they have, we will have. I should jolly well hope so. The idea that MEPs would be provided with more information about the negotiations than us would be wrong in the eyes of everyone in the House. The Secretary of State made that commitment early on, and it was the right commitment to make. He will not be surprised to learn that I intend to hold him to that every step of the way. I am sure that we will meet at the Dispatch Box to discuss precisely that.
Keir Starmer
I have not finished dealing with the intervention from the hon. and learned Member for South East Cambridgeshire (Lucy Frazer). This is about what happens before the negotiations in the run-up to article 50. There will then be a two-year tunnel of negotiations. Then there is what happens at the end. MEPs will have a vote, and if they vote down the deal there will be no deal. I have no doubt that the Secretary of State will concede that we will have a vote in the House, because the idea of MEPs voting, but not the House, on the final deal is wrong in principle. He might be able to indicate now that there will be a vote at the end of the process on the deal, in the same way that MEPs will have a vote, as that would be helpful for this side of the House.
Mr David Davis
I apologise for intervening again, but we have said that procedures under the Constitutional Reform Act 2005 will apply. That is straightforward. I have said that at least three times to the House.
The hon. and learned Gentleman has asserted that there is no vote between whatever happens as a result of the court case and the ratification process. The great repeal Bill will be presented to the House during that two-year period, and after that there will be a series of consequential legislative measures, some primary, some secondary, and on every measure the House will have a vote and say.
Keir Starmer
I acknowledge that, but my response is exactly the same as my previous response. The timetable for the great repeal Bill applies after article 50 has been invoked, so that does not help us with the plan and the starting position. That is why this part of the process has to be gripped now, because what happens between now and 31 March really matters to the starting position. I accept that after that the great repeal Bill will be introduced and debated, and no doubt there will be votes on its provisions, but essentially it is a Bill that indicates what will happen at the end of the process, rather than a Bill that deals with the plan—the starting position—or the process.
The Secretary of State for Exiting the European Union (Mr David Davis)
I beg to move an amendment, at end add:
“, consistently with the principles agreed without division by this House on 12 October; recognises that this House should respect the wishes of the United Kingdom as expressed in the referendum on 23 June; and further calls on the Government to invoke Article 50 by 31 March 2017.”
Before I speak to the amendment, let me make a few factual remarks to the Labour spokesman, the hon. and learned Member for Holborn and St Pancras (Keir Starmer). He ended by saying that there is no mandate for hard Brexit. To be honest, I do not know what hard Brexit means. The mandate was to leave the European Union. We should keep that in mind. He quite properly raised the issue of Northern Ireland. It is simply because I am standing at the Dispatch Box today that I am not chairing a joint ministerial committee of the devolved Administrations on exactly these issues. There has been considerable progress on that; I can brief him on that, if he does not know about it. Some of it, almost by definition, is confidential. He should take it as read that the process has been going on for some time and is quite well advanced.
The hon. and learned Gentleman raised the issue of the Budget Responsibility and National Audit Act 2011. He may remember that I was a Chairman of the Public Accounts Committee, and I am reasonably familiar with National Audit Office and OBR operations. The condition that applies to any information that we put in the public domain—that it will not bias or undermine the negotiation—applies equally here; if we were to give information to the OBR, there would be the same telegraphing of what we are doing. It would be very inappropriate for another reason as well. This is a negotiation, not a policy statement, so where we are aiming for—I think we may be on the same page on this—may not be the exact place we end up, and I think he would understand that.
Keir Starmer
To be clear, I was not making the argument that the OBR required confidential information, the disclosure of which would undermine negotiations; my point was simply that the plan must be sufficiently detailed to let the OBR do its job in a way that lets it provide the scrutiny it is supposed to.
Mr Davis
I take that point. As I make progress through what I have to say, I will explain why, in some respects, that is not practical.
This debate is very similar to the last Opposition day debate Labour chose to have on Brexit, and it really is the last clause of the motion that extends beyond that. The Government and I certainly can accept the motion with the amendment that whatever plan we set out is consistent
“with the principles agreed without division by this House on 12 October”,
and that the House
“recognises that this House should respect the wishes of the United Kingdom as expressed in the referendum on 23 June; and further calls on the Government to invoke Article 50 by 31 March 2017.”
Geraint Davies (Swansea West) (Lab/Co-op)
Will the Secretary of State give way?
Mr Davis
No, I am going to make a bit of progress. I will give way later. I normally like the badinage with the Opposition, but I have to make some progress on quite an important argument.
Dance on a pin as the shadow spokesman may, that is what the Opposition are signing up to: the Government invoking article 50 by 31 March 2017. Let us be clear about that. It has always been our intention, as I said in my intervention on him, to lay out the strategy in more detail when possible, provided it does not undermine the UK’s negotiating position.
Mr Davis
If my right hon. and learned Friend will wait a little while, I will, of course, give way to him.
In fact, I have said that categorically in front of this House and the other House on a number of occasions, including just last week, and I am happy to confirm it again today. Our amendment also lays out an important challenge to those on the Benches opposite who say that they respect the result of the referendum, but whose actions suggest that they are looking for every opportunity to thwart and delay this. We will see today if they are willing to back the Government in getting on with implementing the decision made by the people of the United Kingdom. However, before I address the motion in terms, I will give way to my right hon. and learned Friend.
Mr Grieve
May I emphasise to my right hon. Friend that the motion must require Parliament to support the triggering of article 50 by means known to the law? He will doubtless agree that, as the law stands, that requires primary legislation. While it is possible for private Members’ Bills to be introduced, in reality it will be the Government’s duty to introduce legislation if they wish to proceed, and to do that in a timely fashion that enables proper debate on it.
Mr Davis
My right hon. and learned Friend, the ex-Attorney General, should know better than to tempt me to comment on a court case that is taking place as we stand here, so I will not do that, but as he well knows, we will obey the rule of law; we will obey what the Court finds. We will ensure that we do the right thing. As the spokesman for the Opposition said, one of the reasons we are waiting on the outcome is to get precisely right what it is this House has to do.
Geraint Davies
On the timing set out in the amendment, does the Secretary of State not accept that, given that the French election is in May and the German election is in October, nothing will be achieved in that timeframe? If we trigger in March, there will be negotiating time lost in the two-year window. Article 50 should therefore be triggered in the autumn, in November, with time for a referendum on the exit package, so that people can decide on the final deal.
Mr Davis
No, I do not accept that. Between now and the possible end of the negotiating process, if it goes the full distance, there are 15 elections, and of course we have already had two events this weekend: a referendum and another election. There is no point in the period when there is no election under way, so it is simply not possible to meet the hon. Gentleman’s requirement.
Mr Nigel Dodds (Belfast North) (DUP)
Is the crucial issue here not that, whatever the caveats entered by the shadow Minister, anyone voting for this amendment tonight will find it impossible to justify to the public any reneging, any going back or any procrastination—anything after 31 March that seeks to delay the triggering of article 50? That is the reality of the situation.
Mr Clarke
Quite apart from the legalities of the situation, we have to address the political question of the Government’s accountability to this House for their important policies. This word “plan” is being used in an extremely vague way, and could cover some of the vague assertions that Ministers have been making for the last few weeks. Will the Secretary of State accept that the House requires a description—published in a White Paper, preferably—of the strategic objectives that the Government will pursue and that the Government should submit that strategy to a vote of the House? Once it has the House’s approval, they can move to invoke article 50.
Mr Davis
My right hon. and learned Friend is at least straightforward in what he says; he does not really agree with the outcome of the referendum. My view on this—I agree with him to some extent—is very clear. He has said that the word “plan” is vague; I think that what I have said already to this House, in terms of giving all possible information, subject to it not undermining negotiations, is actually more comprehensive. But it is not that we are not going to allow the House votes. First, we cannot do that as a Government, even if we wanted to. Secondly, as I have said, there will be a considerable amount of legislation during the negotiation, which will, in some respects, confine us.
Several hon. Members rose—
Mr Speaker
Order. The Secretary of State is clearly not giving way at present—a point that is so blindingly obvious that only an extraordinarily clever person could fail to grasp it.
Mr Davis
You make my point, Mr Speaker.
It is widely accepted that the negotiation of our departure from the European Union is the most important and most complex negotiation in modern times, and it is overwhelmingly important that we get it right; I think that is common ground. It is normal even for basic trade negotiations to be carried out with a degree of secrecy. Indeed, the European Commission recognises this in its own approach to transparency in such negotiations, in which it says:
“A certain level of confidentiality is necessary to protect EU interests and to keep chances for a satisfactory outcome high. When entering into a game, no-one starts by revealing his entire strategy to his counterpart from the outset: this is also the case for the EU.”
The reason for this is to retain room for manoeuvre, including the ability to give and take, to trade off different interests, to maximise the value of concessions, and to do so without always giving the other side advance notice. We must retain the ability to negotiate with a high degree of agility and speed; the more complex the negotiation, the more parties to it, and the more time-pressured it is, the more important that is.
Any trade negotiation—and this is more than a trade negotiation—is difficult and complex. This negotiation will be another step up beyond that, for a number of reasons. First, it is about more than just trade. While that is an incredibly important part of it, our new relationship with the EU will also encompass our continued co-operation in areas such as security, justice and home affairs. Secondly, it is not merely a bilateral negotiation, but one involving about 30 different parties with a number of different interests. Thirdly, while considering our exit, Europe must also consider its own future. We have been clear that we want a stable and secure European Union—a vital partner for the UK at a time of very serious global challenges. Finally, the political scene in Europe is not set, but is changing—the point I was making. During the period of our negotiations, there are at least 15 elections and other political events that could change the backdrop to our exit process. The combination of these factors and their interplay will mean a changing climate for what are already complicated talks.
Mr Davis
In a moment.
We will need to find a way through a vast number of competing interests to manage our exit from the Union, so that our people benefit from it—that is the aim of this exercise: for our people to benefit from it.
To do that, the Government must have the flexibility to adjust during negotiations. It is like threading the eye of a needle: if you have a good eye and a steady hand, it is easy enough, but if somebody jogs your elbow, it is harder. If 650 people jog your elbow, it is very much harder.
Mr Pat McFadden (Wolverhampton South East) (Lab)
The Secretary of State has just read out a list of reasons not to disclose the Government’s plan and negotiating objectives, but the right hon. and learned Member for Rushcliffe (Mr Clarke) called—rightly in my view—for a White Paper on the Government’s intentions. If the Secretary of State does not agree with him, will he at least agree with himself, because he called for the same thing before he was appointed to the job? Why was a White Paper the right thing to do in July, but not now?
Mr Davis
I really ought to make the people who raise this point, which has been made about five times in this House, read out what I actually said, which was that this is one negotiating option among several. The right hon. Gentleman says that I have just been giving reasons for not outlining negotiating objectives, but that is not true—I will come back to why in a minute. There is a reason not to lay out in detail some of the trade-offs and some of the options that we do have to keep to ourselves until we are in the negotiating chamber. I make this point more generally to the House. During the course of the Amsterdam treaty, we had difficult negotiations to carry out, and I kept the House up to date with every bit of that, but that was done at the right time—the appropriate time—and not when it undermined the national interest, which is the problem here.
Sir Edward Leigh
Does my right hon. Friend accept that one can be an honest Brexiteer who wants to get this through, while still wanting to proclaim parliamentary sovereignty? That is a perfectly logical point of view. I happen to agree that we want to get article 50 through without any wrecking amendments that unduly tie the Government’s hands, but can he give a commitment that in addition to votes on the great repeal Bill, when we have a final deal, the matter will come to this House for ratification?
Keir Starmer
This is important, so can the Secretary of State say in terms that there will be a vote on the final deal in this House? I understand what he says about the underpinning statutes, but can he say simply, for the record, that there will be a vote on the final deal in this House?
Chris Bryant
The 2010 Act says that a Government cannot ratify a treaty until such time as they have laid the treaty before the House and 21 sitting days have passed. It does not guarantee a vote. In fact, since 2010 the Government have on several occasions refused to allow a vote on treaties even when they have been asked for by the Opposition. Is the Secretary of State now specifically saying that the Government will guarantee a vote at such a point?
Mr Jacob Rees-Mogg (North East Somerset) (Con)
Will my right hon. Friend clarify the point that any vote in this House at the end of the process would merely be on the deal and could not reverse the fact that we had left the European Union.
Mr Davis
If my hon. Friend will forgive me, I will make a bit more progress for a few moments and keep him in mind.
All this does not mean that parliamentary scrutiny is not very important—of course it is. I, of all people, would be last to argue that. That is why I have already given three oral statements to this House and answered more than 350 parliamentary questions. It is why Ministers from my Department and I have already appeared before Select Committees on 10 occasions—I will be appearing in front of the Brexit Committee in a week. It is why the Government announced a series of themed debates, with workers’ rights and transport already discussed, and another debate coming up before Christmas. There have also been more than 15 debates about this in the other House.
However, there is no doubt that the way in which we handle and disclose information is important to the negotiating process. Needless to say, I have given a great deal of thought to how we achieve accountability at the same time as preserving the national interest. That was why at the first parliamentary Committee hearing I appeared before—I think it was the House of Lords Select Committee—I volunteered an undertaking that British parliamentarians would be at least as well served, in terms of information, as the European Parliament. As I said to the Opposition spokesman, I have said on several other occasions that we will provide as much information as possible—subject, again, to that not undermining the national interest. This is a substantive undertaking, but it must be done in a way that will not compromise the negotiation.
Helen Goodman (Bishop Auckland) (Lab)
The Secretary of State repeats that what he is doing is—he thinks—in the national interest, but he must have heard from industrialists, as Labour Members have, that the uncertainty and lack of clarity from Ministers means that people are putting back projects and not investing. That is why the growth rate is down and the public finances are in such a mess.
Mr Davis
We heard during the campaign about how the economy was going to collapse, but I seem to have noticed in the past few months that really it is doing very well indeed, thank you very much. This nay-saying—this talking down the country—is, frankly, the least desirable part of the Opposition’s behaviour.
Sir Gerald Howarth
May I say how strongly I support my right hon. Friend? My right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), who is of course a very great national treasure, called for us to set out our strategic vision, but surely this Government have set out that strategic vision with great clarity: we want to recover control of our borders, make our own laws, keep our own money, engage in free trade, and leave the European Union. What could be more strategic than that?
Mr Davis
My hon. Friend is, of course, exactly right, and that brings me rather neatly to the next thing I want to say.
Opposition Members have tried to pretend that we have told them nothing, but that simply demonstrates the old adage that none are so deaf as those who will not hear. We have also been clear that we will set out more as we approach the negotiations.
Mr Davis
I will give way in a moment.
As the Prime Minister said in October, although we will not be giving a running commentary—Opposition Members love that phrase—we will give clarity whenever possible and as quickly as possible. As she told the House earlier this month,
“Our plan is to deliver control of the movement of people from the European Union into the United Kingdom.”—[Official Report, 16 November 2016; Vol. 617, c. 230.]
That was the first point made by my hon. Friend the Member for Aldershot (Sir Gerald Howarth). I have also been clear about what this involves. Free movement of people cannot continue as it is now, but this will not mean pulling up the drawbridge. We will operate the immigration system in our national interest, with a view to winning the global battle for talent. Labour Members do not like this, partly because they cannot agree on their own policy. In the past few weeks, we have heard at least three different positions on the future of free movement from shadow Front Benchers—[Interruption.] The Opposition spokesman probably thinks there are more, as he is challenging me. It is therefore no surprise that they do not want to talk about it, but this is an important, substantive decision that reflects the will of the British people.
Similarly, the Prime Minister has said that we intend to remove the UK from the jurisdiction of the European Court of Justice. That is part of the promise to recover control of our own laws. Some Labour Members do not like this because they suggest that the ECJ is the principal guarantor of basic British rights and freedoms. I have to say that that shows an astonishing lack of knowledge of our own history, in which British people fought to create and preserve those freedoms. I suppose it is unsurprising that the party that attempted to impose on Britain the most draconian piece of law in modern times—90 days’ detention without charge—has little understanding of the proper origins of freedom and the rule of law.
Mr MacNeil
As part of our determination to find out some knowledge from Ministers, it was asked several times at today’s Prime Minister’s questions whether the UK would want to be in the customs union or not. Can the Secretary of State for Brexit let us know what his policy is? Can he give us something substantive? Is it a case of in the customs union or not in the customs union, because this was not on the ballot paper? The people did not vote to leave the customs union.
Mr Davis
What was on the ballot paper, and what I think a million Scots voted for, was leaving the European Union—[Interruption.] I will come back, do not worry. I am not going to sidestep the question; I never do.
The simple truth is that, as the Prime Minister said—I am a Minister of the Government, remember—this is not a binary option. There are about four different possibilities, and we are still assessing them. I have given an undertaking to the Opposition spokesman that I will notify the House in detail when we come to that decision.
Mr Davis
I will make some progress and then I will give way again in a moment. There are some among the Labour party who think that leaving the jurisdiction of the ECJ will undermine employment law. Again, that shows a sorry ignorance—employment protection in the UK does not derive principally from the ECJ.
Mr Davis
No.
Nevertheless, to prevent any misrepresentation or misunderstanding, the Government have announced that they will not erode employment protections, so there can be no doubt about the situation. Labour talks about employment rights, but the Government have made clear guarantees and are bringing forward the great repeal Bill to ensure that the rights that are currently enjoyed are maintained.
Anna Soubry
I am grateful to my right hon. Friend for giving way. On the customs union matter, did I hear him correctly? Is he saying that the Government will decide whether we will seek to remain in it or out of it, and that then the House, or rather the Opposition, will be told what the Government’s decision is, but we in this place will have no say in it?
Mr Davis
My right hon. Friend was not listening; she probably made up her question before she heard the last paragraph. I said that there would be no law changed in this country without the approval of the House of Commons.
Let me come back to the issue of customs union, since it is important. There are several options on customs union. One is shown by Norway, which is in the single market but not in the customs union. One is shown by Switzerland, which is neither in the customs union nor in the single market, but has a customs agreement. A whole series of options exists, and we will come back to the House about that when we are ready.
On my right hon. Friend’s other point, she intimated that because I gave the undertaking to the Opposition spokesman, it was somehow to the Opposition, not the House of Commons. Any undertaking made from this Dispatch Box is to the whole House of Commons, and she should understand that.
A further area in which our aims have been made very clear is justice and home affairs. As I said in the House last week, our aim is to preserve the current relationship as best we can, consistent with our broader aims. That clearly extends to areas such as security and law enforcement. Even after we leave the EU, the UK and the EU will face common threats, from terrorism to organised crime. As such, I believe that there is a clear mutual interest in continued co-operation in these areas. The security of Europe will remain of paramount importance to us, meaning that we will continue to co-operate as we do now with our European partners to help to maintain it.
As for the area that has dominated the debate so far—trade and the European market—the Government have been as clear as is sensible at this stage. We have said that we seek the freest possible trading arrangements, in respect of both tariffs and non-tariff barriers. The Government’s view is that the best deal is most likely to be achieved by a negotiated outcome.
Mr Davis
One moment. There is a range of means of arriving at a deal and there is a range of outcomes, and it does not make sense to box ourselves in. I am a believer in free trade, and I want to see the freest trade possible with the European Union and also with the rest of the world. We will be a global and outward-looking nation and a leading advocate for free trade. We want to be able to embrace the opportunities of Brexit—I know that the shadow Chancellor agrees with that, although it apparently makes my opposite number “furious”—but we want to maintain the best relationship possible with the European Union.
Mr Davis
Not at the moment. We have made our aims clear on immigration, on the ECJ, on workers’ rights and, in fact, on European Union legislation more broadly. We have clear aims on justice and home affairs, on security and, finally, on trade. It is important that the House understands what we are aiming for, but it is also important that we do not close off options before we absolutely have to. Just this weekend the leader of the Opposition suggested that he would seek to tie the hands of the Government regarding certain outcomes, such as a particular status in terms of the European market. To do so would seriously undermine the national interest, because it would undermine our ability to negotiate freely.
As I said at my first appearance at the Dispatch Box in this role, Parliament will be regularly updated and engaged. Keeping in mind those strategic aims and the fact that to reveal our position in detail or prejudge the negotiations cannot be in the national interest, we will set out our strategic plans ahead of the triggering of article 50. It is well documented that when we have decided to trigger article 50, the Government will notify the European Council. As I have said on several occasions, the House was always going to be informed in advance of the process. We are happy to support the spirit of today’s motion, with the vital caveat that nothing we say should jeopardise our negotiating position.
The Government amendment underlines the timetable for our departure, affirming the Prime Minister’s intention to notify by 31 March. Many Opposition Members pay lip service to respecting the result of the referendum, while at the same time trying to find new ways to thwart and delay. The shadow Cabinet cannot even decide whether it respects the will of the people. We are well aware of the desire of my opposite number to keep his “options open” with regard to a second referendum—the most destructive thing we could do for our negotiating position at the moment.
Stephen Gethins (North East Fife) (SNP)
I thank the shadow Secretary of State for his speech and for giving us the opportunity to debate this subject today. As we have said, we are keen to continue to work with him and his colleagues, and indeed with Members from across the House, where that is possible. We appreciate the remarks that he made about devolved Administrations, but, given where we are and given the Government’s comments, that is not enough for us, and neither is what has been set out.
It is 167 days—almost six months—since the referendum. We have 113 days to go until the 31 March deadline that the Government have set themselves, so we are almost two thirds of the way there. To talk about a glacial pace of progress might be something of an overstatement. So far, the Government have told us nothing. We have been told about soft Brexit, hard Brexit, grey Brexit, and, earlier today, a red, white and blue Brexit. Perhaps we will be getting a continental Brexit, to keep our European partners on side, or even a deep-fried Brexit. We are not entirely sure. Given the timetable, it will not be a Christmassy Brexit for whoever is trying to plug the gaps in the Government’s plans.
There has been an impact, and a significant number of questions remain unanswered. They are not just questions that float out there; they go to the very heart of the Government’s negotiating position. What exactly are the Government telling their negotiating partners, if anything? Are the Government telling them that the single market is important and that we need to maintain membership of it? Have the Government listened to their Scottish leader, who said of the single market that
“the over-riding priority is to retain access to it”?
Do the Government agree with her on that? What about the rights of EU nationals? European nationals call this country their home. They call Scotland, England, Wales and Northern Ireland their home, and I hope that they will continue to do so. What a huge contribution they have made and continue to make. They deserve better than this continued uncertainty.
We all benefit from freedom of movement, and I hope that we will all continue to benefit from it. A large number of our industries also benefit from it, not least the food and drink industry. Scotland has suffered over the years from emigration; we have benefited more than most from freedom of movement, as I know the Secretary of State is well aware. We want to keep it. It benefits us and it will continue to benefit us. It benefits us not only financially but culturally, by enriching our communities and bringing in the people who enrich our society.
Mr David Davis
The hon. Gentleman and I do not differ on many of these points, but allowing people access to any part of the United Kingdom, and access to work in particular, is not achieved only by an absolute rule on freedom of movement. Control of our borders by our Government would presumably be operated in the UK national interest. Why does he expect that to punish Scotland? It would not do so.
Stephen Gethins
The Secretary of State makes the point. Why not give Scotland—it needs the powers—some of the responsibility for immigration?
On that very point, the Vote Leave campaign, of which the Secretary of State was a member—a full and active member—did not promise much. It is good to see that the right hon. Member for Surrey Heath (Michael Gove) is in his place, for was it not he who said that Scotland could have control over immigration if we voted to leave the European Union? I would be delighted to hear about their plans when the Under-Secretary winds up.
Oral Answers to Questions
David Davis Excerpts(7 years, 5 months ago)
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Andrew Rosindell (Romford) (Con)
The Secretary of State for Exiting the European Union (Mr David Davis)
Withdrawing from the EU means decisions on how we spend taxpayers’ money will be made in the United Kingdom. We will strike a deal in the best interests of United Kingdom taxpayers. It is the job of my Department to bring back control over issues such as money, law and borders. As we do so, it will be up to this House and this Government to make the decisions.
Andrew Rosindell
I do not expect the Secretary of State to reveal his negotiating position today, but will he accept that on 23 June the British people voted to restore control over the money that we have paid to the European Union? They want that money spent in the United Kingdom, not subsidising Brussels.
Mr Davis
I understand entirely where my hon. Friend is coming from. Indeed, as he well knows, I have a great deal of sympathy with that viewpoint. Of course we intend to respect the decision of the British people and what underpins it. As he rightly says, it would be irresponsible to set out red lines or to make unilateral decisions at this stage, but it must be made clear that we want decisions over how taxpayers’ money is spent to be made in this House.
Wayne David (Caerphilly) (Lab)
This is a general question, so it provides the Minister with plenty of scope to give some sort of response. Will the Government consider making any contribution in any shape or form for access to the single market?
Mr Davis
I note that the first half of the hon. Gentleman’s question was probably aimed more at you, Mr Speaker, than at me. The simple answer we have given previously—it is very important, because there is a distinction between picking off an individual policy and setting out a major criterion—is that the major criterion here—[Interruption.] I will answer him if he lets me do so. The major criterion is that we get the best possible access for goods and services to the European market. If that is included in what he is talking about, then of course we would consider it.
Mr Peter Bone (Wellingborough) (Con)
One of the decisions that I suppose the Government have to make is when we will stop paying money to the European Union, or whether we then ask for it back. One way to negotiate could be to say, “Well, any money we’ve paid to the European Union after 23 June should come back to us.” Is that not one of the positions we could take?
Hilary Benn (Leeds Central) (Lab)
In a week in which it has been reported that the Foreign Secretary told EU ambassadors that he does not agree with the Government’s policy on free movement and that a Dutch Member of Parliament attended a Downing Street briefing on the Government’s Brexit plans, does the Secretary of State understand why the House is getting a little fed up with being told nothing? If he does, will he tell us when the Government will come forward with their plans for Brexit, including for what will happen regarding any future contributions to the European Union after we have left?
Mr Davis
As the right hon. Gentleman knows, I am appearing in front of his Committee on 14 December. His Committee has already visited my Department, and we are seeking to help it as much as we can. As a previous Secretary of State for International Development and Cabinet Minister, he also knows full well that the probable success of the negotiations greatly depends on our ability to manage information and to keep secret until the last minute what needs to be kept secret.
As for the other things from this week that the right hon. Gentleman mentioned, they are all based on a presumption that a scribbled note in Downing Street is actually anything like Government policy. It is not.
Matthew Pennycook (Greenwich and Woolwich) (Lab)
EU Brexit negotiators have been clear about their intent to pursue the UK for an exit bill of anything up to €60 billion based on an expansive interpretation of our liabilities under the EU budget. That is a colossal sum of money and the British public deserve to know from their Government how accurate it is. Will the Secretary of State tell the House how much his Department estimates that it will cost to settle our outstanding liabilities as part of any future withdrawal agreement?
Mr Davis
May I start by welcoming the hon. Gentleman back? I understand that he has a new member of his family, on which the whole House will join me in congratulating him. [Hon. Members: “Hear, hear.”] We have seen an opening bid from the European Union. That is what it is. It is nothing more than the maximum price for departure from the Union. If he will forgive me, I am not going to engage in chipping away at that bid; we will start from scratch when we go through the door after March when the negotiations start.
Heidi Alexander (Lewisham East) (Lab)
The Secretary of State for Exiting the European Union (Mr David Davis)
At home, we are carrying out an extensive programme of sectoral analysis on the key factors that affect our negotiations with the European Union. We are working closely with the devolved Administrations, Parliament and a range of other stakeholders, as we have already heard from the Minister of State. The House should understand that we are also working with every Department to ensure a full range of opportunities.
In Europe, we are undertaking wide-ranging engagement, led by the Prime Minister. I have met representatives of the European Commission and the European Parliament, as well as Ministers and other officials from several European member states.
Heidi Alexander
I am not entirely sure how that answer related to my question, but it was certainly full of flannel. It seems that we are no further forward with a plan to leave the EU than we were five months ago. Will the Secretary of State tell me when the Government are going to drop the pretence that Brexit can mean continued tariff-free access to the single market and an end to freedom of movement? The British public deserve better than that embarrassing charade.
Mr Davis
I am interested to hear the hon. Lady’s supplementary question, which she obviously prepared earlier—[Interruption.] This has been the Labour line for some time. It is really interesting that Labour Members cannot agree among themselves on whether they agree with their Front-Bench spokesman or with their shadow Chancellor. We are four to five months from the triggering of article 50. That will be point at which the negotiations start and it will be clear where we are going.
Alistair Burt (North East Bedfordshire) (Con)
Does my right hon. Friend agree that there is quite a bit of room between the phrase “Brexit means Brexit” and a full detailed dossier of negotiation? Does he note that more than one witness to the Exiting the European Union Committee and several Members of Parliament believe that, in order to provide some clarity and deal with some of the current uncertainty, there is room for the Government to publish in advance something on their high-level objectives, which will be known to the EU and to all of us the moment article 50 is triggered? Will he consider that with great urgency?
Mr Davis
Of course I will consider anything my right hon. Friend comes forward with in this area; I know it is a matter of great importance to him. Let me say this: “Brexit means Brexit”, an interesting phrase at the beginning of this exercise, is a long way short of what we have already said, which is that we are aiming to achieve the maximum possible free access to the market and that we need to respect all the implications of the referendum. In between those things, in an important area that nobody seems to talk about, justice and home affairs, we have made it very clear that we want, as far as is possible, to replicate what we already have. We have had a great deal of parliamentary discussion about this matter already and we are going to have a great deal more between now and the triggering of article 50, including the appearance before the Select Committee and so on. So he can expect to know a very great deal about this at the time we get there. I made one particular undertaking at the first Select Committee I attended, the Lords one, which was that this House would be kept at least as well informed as the European Parliament.
Stephen Gethins (North East Fife) (SNP)
It could be argued that we have made some progress on what the Government’s plans are this week. Once the Secretary of State gets round to moving on from scribbled notes to typed-up notes, will he pass them to the House? Will he tell us whether he briefed the Foreign Secretary before his latest trip, and is freedom of movement still a priority for this Government?
Mr Davis
Let me pick up on the last point first. What I have seen in the papers this morning strikes me as completely at odds with what I know about my right hon. Friend the Foreign Secretary’s approach to this matter. He believes clearly—he made this clear during the leave campaign, which he was a much more major part of than I was—that some immigration is useful. We all agree on that, but it is not the same as thinking that free movement of people as it now stands is a good idea—it is a problem. On the other aspects of the forward planning, the hon. Gentleman should know—I assume he talks to his opposite number on the Joint Ministerial Committee EN, the Committee that co-ordinates the approaches of the three devolved Administrations—that a great deal of work has been taking place on these matters and all of it is in typed script; none of it is scribbled on a bit of paper.
Stephen Gethins
So what we take from that is: yet more bumbled diplomacy from the Foreign Secretary. On what the Minister of State said about regions being European constructs, I hope he was not referring to the ancient European nation of Scotland or the ancient European nation of Ireland. The Secretary of State will be aware of the First Minister’s successful trip this week, so what lessons does he take from Ireland and the fact that the number of passport applications has gone up by 50% in that country?
Mr Davis
One lesson I take from it is that if the parties on the Opposition Benches—all of them—continue to frighten people, that is what the response will be. The hon. Gentleman should know, in terms—we have said this over and over again—that we wish to provide the maximum protection for both European citizens here and British citizens abroad. Just so he does not forget this, let me say that the Polish Prime Minister—not just the British Prime Minister—accepted earlier this week in public that both of those matters matter.
Several hon. Members rose—
Michael Tomlinson (Mid Dorset and North Poole) (Con)
On article 50, does the Secretary of State agree that it is right to appeal from the High Court, that it is inevitable that this would end up in the Supreme Court and that this constitutional point needs to be resolved?
Keir Starmer (Holborn and St Pancras) (Lab)
The Prime Minister and the Secretary of State have repeatedly said that there will be no running commentary on their article 50 plans, yet there is one. It is being provided by leaked memos, notes caught on camera and the near-constant comments of the Foreign Secretary to anyone who will listen to him. This is serious because it is damaging the prospects of the negotiations getting off to a good start. The Secretary of State must realise that this is going to continue throughout the two years unless and until he discloses to this House the basic plan the Government are adopting. So my question is simple: when is he going to do so?
Mr Davis
The answer is the same one I have given the hon. Gentleman before to exactly the same question, which is that we have already set out the strategic aims—he knows that. He is also aware that we do not want to cut down the options available on things such as the old issue of market access. At this stage, we do not wish to go into great detail on the justice and home affairs front, on which I suspect that we absolutely agree, because we want to get the best possible outcome for Britain. The dominating factor here is not what is in the newspapers, but what is the best outcome for Britain in the long run.
Keir Starmer
The question was when will we see the plan. On 7 November, when the Secretary of State was last at the Dispatch Box, he was asked whether the Government were intending to keep the UK in the customs union. He answered by saying:
“We will make that judgment in due course and make it public in due course.”—[Official Report, 7 November 2016; Vol. 616, c. 1269.]
There are now just 121 days left until the end of March next year. Time is running out. Another simple question is: when does the Secretary of State intend to honour his commitment and make the Government’s position on the customs union clear?
Mr Davis
One hundred and twenty one days is a long time in policy terms, I am afraid. The simple truth is that there is one chance in this negotiation. This is unlike almost anything else that comes in front of this House. With everything else, we can come back and repeal it, change it or amend it later. This is a single-shot negotiation, so we must get it right, and we will get it right by doing the analysis first and the notification second. I will do that. I will meet my promise to the hon. and learned Gentleman—there is no doubt about that—but he will just have to wait until the analysis is complete.
Alison McGovern (Wirral South) (Lab)
Sir Edward Leigh (Gainsborough) (Con)
The Secretary of State for Exiting the European Union (Mr David Davis)
The Prime Minister set out the timetable for triggering article 50 by the end of March 2017. We will soon put before Parliament the great repeal Bill, which will remove from the statute book the European Communities Act 1972 and bring back sovereignty to this Parliament.
Sir Edward Leigh
Those of us who campaigned for 30 years to take back control did not campaign for this elected House of Commons to be bypassed. My view is that we should have produced that Bill to trigger article 50. There should be a full debate on Second Reading, and let hon. Members who want to vote against it take the consequences. My right hon. Friend will not agree with that, but will he agree with this: that if he loses the court case, there will be no further faffing about, no delay, no draft Bill; he will produce a Bill within days, there will be a full debate—for at least two days—and then this House will get a chance to vote on article 50?
Mr Davis
I understand my hon. Friend’s impatience after, as he says, 30 years of campaigning, but there have been 40 years of membership of the Union and it takes some time to decide on the best way of removing us from the Union in the way that people want. On the court case, it is not just a yes/no outcome in December/January. The actual nature of the Bill may be influenced by the outcome, but within that context, yes, we will carry on as rapidly as we possibly can.
Mr Pat McFadden (Wolverhampton South East) (Lab)
With reference to delivering Brexit in a timely manner, the Secretary of State will be aware that there is a two-year timescale once article 50 is triggered. Is it the Government’s policy that both the Brexit negotiations and the future trade arrangements should be agreed within that two-year period, or are they open to a transitional arrangement if that is not possible?
Mr Owen Paterson (North Shropshire) (Con)
As I know from talking to businesses up and down the country, whether they voted to leave or to remain, there is overwhelming consensus—they want get on with this. Uncertainty is the one threat, as opposed to the comically inaccurate forecasts, which have been proved completely wrong, by the remain side. Can the Secretary of State confirm that whichever way the appeal goes in the Supreme Court—the Government do have very good arguments—there will still be time to pass the necessary legislation, if required, and to stick to the timetable of triggering article 50 by the end of March?
Alex Salmond (Gordon) (SNP)
I congratulate the Government on the sophistication of their approach to Brexit. Deploying the Foreign Secretary to declare his undying support for free movement of labour is a masterly addition to the policy of chaos and confusion at the heart of the Government’s strategy. If 121 days is a long time in politics, how many days before 31 March will the Government narrow down their range of policies to one and tell us what it is? [Interruption.]
Craig Whittaker (Calder Valley) (Con)
The Secretary of State for Exiting the European Union (Mr David Davis)
We take parliamentary scrutiny of the Department’s work extremely seriously, and I am delighted to be appearing before the new Select Committee on Exiting the European Union on 14 December. Department for Exiting the European Union Ministers and officials have made 10 appearances before Select Committees since the Department was established and before our own Select Committee was formed. But it is right that we do not overstep our remit and that Ministers across Whitehall—this is a cross-Whitehall operation—are accountable to their own Committees, including in relation to European Union exit.
Paul Flynn
To curb the Secretary of State’s manic optimism, would it not be beneficial for him to get a dose of reality from the Welsh Affairs Committee, which went to Aberystwyth this weekend? Somebody came to me and said, “My company has decided after the referendum not to expand here in Ceredigion but to relocate in Dublin.” Is it not right that the Minister should come, not to tell us what he is doing but so that we can pass on to him the fact that industry is collapsing post-referendum?
Mr Davis
The hon. Gentleman should perhaps make his point about industry collapsing to Google, Facebook, Microsoft, Nissan, GSK, Jaguar Land Rover and the rest. To come to his substantive point, we consider every request from Select Committees on its individual merits. There are probably something of the order of 30 ongoing projects at the moment. Frankly, if we appeared in front of every Select Committee on all those, we would not have any time to do any negotiation or planning at all.
Lucy Frazer (South East Cambridgeshire) (Con)
Emma Reynolds (Wolverhampton North East) (Lab)
The Secretary of State for Exiting the European Union (Mr David Davis)
We are seeking to ensure a smooth and orderly exit from the European Union, and it would not be in the interests of either side—Britain or the European Union—to see disruption. To that end, we are examining all possible options, focusing on the mutual interests of the UK and the European Union.
Emma Reynolds
The Prime Minister recently told the CBI conference that we want to avoid a cliff edge. Further to the answer that the Secretary of State gave to my right hon. Friend the Member for Wolverhampton South East (Mr McFadden), and given that our EU partners have so far refused to commit to parallel negotiations on our future arrangements alongside those on article 50, what is the plan if we cannot start, let alone conclude, those negotiations within two years? Will we be forced off that cliff and on to World Trade Organisation rules and tariffs, with all the consequences for jobs and investment that business has warned of?
Mr Davis
The substance of the hon. Lady’s question is incredibly important and, as she has said, the Prime Minister addressed it at the CBI. She addressed it again yesterday and that is why she has said that we want a smooth and orderly exit. How that occurs will be affected by a number of things. The hon. Lady has mentioned the structural issue relating to whether the negotiation is done in parallel or in series. We do not accept the series approach. We have made that plain to the European Union, and we need to deal with that before we come to the detailed question of whether there is a transition or not.
On transition itself, I make this important point. The Select Committee Chairman, the right hon. Member for Leeds Central (Hilary Benn), is sitting next to the hon. Lady. Transition, when it is raised by various people, will mean different things. For example, when the Europeans talk about it, it effectively means a much longer negotiation period, while other people are concerned about matters such as financial stability. There are different issues that need to be dealt with in a different way.
Mr Speaker
I do not know why the right hon. Gentleman says that he needs to make an important point; all points made by Secretaries of State ought to be important, as should the points made to them.
Patrick Grady (Glasgow North) (SNP)
UK money through the European Union funds important international development projects all over the world. As part of any transitional arrangements, will the Secretary of State make sure that those continue to be supported and that the plug is not pulled when or if the UK finally leaves?
Mr Davis
There is no “if” about it. There is a “when.” I say that to the hon. Gentleman quite firmly, because that is part of the problem that the European Union has had in engaging on the process so far. Many of them want to see this not happen and they have to face up to that so we get the right answer.
The hon. Gentleman raises a significant issue. I have not addressed it in detail myself, but I will do so. Will he forgive me if I write to him on this matter, because it is sufficiently important that I think I should do so?
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
Helen Hayes (Dulwich and West Norwood) (Lab)
The Secretary of State for Exiting the European Union (Mr David Davis)
Clearly something has disappeared from the file. The question is about—
Mr Speaker
Order. I do not wish to disorientate the right hon. Gentleman, but it had been an earlier ambition on his part, as communicated to my office, to group this question with question 22. I hope that he is still happy with that vaulting ambition.
Ruth Cadbury (Brentford and Isleworth) (Lab)
Mr Davis
Thank you, Mr Speaker, for the on-stage prompt.
The question is about European nationals. The Government’s aim is clear: we wish to guarantee the rights of European nationals at the same time as we guarantee those of British citizens abroad. We raised that matter with the Polish delegation—the Polish Prime Minister and others who came to the UK this week—and they agreed that both matters have to be dealt with at the same time.
Helen Hayes
Every week since 23 June, I have met EU nationals who live in my constituency. They are part of our community, many are working in vital roles in our NHS and public services, and they are deeply distressed by the uncertainty that this process is causing them and their families. Will the Secretary of State unilaterally confirm their right to live in the UK and to continue playing their vital role in our communities?
Mr Davis
May I say two things to the hon. Lady? It is a serious issue and I accept that she takes it seriously, as we all do. As I said last time—I hope this gets promulgated—the majority of European nationals already have the right indefinitely to remain because of the time they have been here, or if they have been here for two and a half years, they will certainly have that before we leave. More to the point of what she said, we discussed the matter with the Poles and several other European countries, and they accept in terms—indeed, the Polish Prime Minister said it in public two days ago—that this has to be dealt with at the same time as British citizens abroad because they, too, will feel a nervousness and we must not leave them hanging.
Ruth Cadbury
I also have many constituents who are EU citizens actively contributing to our community and our economy, and they are worried about their future here. This Government have the power to give them certainty and to find the best way to ensure reciprocal guarantees for UK citizens in other EU countries. Is it fair to use one group of people to hold another to ransom?
Mr Davis
The phrase, “holding people to ransom” is mightily unhelpful to the whole argument. Our whole strategy is designed to avoid holding anybody to ransom and to ensure that everybody who should have rights gets them recognised at the same time. I am afraid that the arguments in the European domain in the last week have reinforced that viewpoint. As the Prime Minister said yesterday, it demonstrates that we are taking the right approach. If it were up to us, we would have this resolved in months, but we have to get agreement with the European Union, too.
George Kerevan (East Lothian) (SNP)
The Secretary of State for Exiting the European Union (Mr David Davis)
Last week, the Chancellor delivered the autumn statement and, thanks to work done since 2010, the fundamentals of the UK economy are strong and we approach EU exit negotiations from a position of strength. Of course there will be ups and downs during the process, but the hard data since the referendum have been far better than many expected or predicted, and growth is forecast to be steady. In the third quarter, UK GDP grew by a half per cent., employment reached an all-time record high, business investment rose by 0.9% and retail sales grew by 1.9%. In the three months to October, companies from Jaguar Land Rover to GlaxoSmithKline have increased investment. The UK is well placed to deal with challenges that may arise from exiting the EU, and ready to seize the opportunities, too.
George Kerevan
At the annual general meeting of the all-party parliamentary group on wholesale financial markets and services on Tuesday night, the Chancellor of the Exchequer gave a very public endorsement of a transitional regime for the financial sector beyond the two-year Brexit negotiations. On a scale of one to 10, how closely does the Secretary of State agree with the Chancellor?
Mr Davis
On a scale of one to 10, I will give that number when I hear what the Chancellor says myself, rather than hear that routed through the hon. Gentleman. The substantive point—transition—is material. We have said that the first thing to determine is the endpoint and the outcome. Whether we need a transition will be dictated by that in the first instance. As I said earlier to the hon. Member for Wolverhampton North East (Emma Reynolds), what transition means is itself a moot point.
Mr Peter Bone (Wellingborough) (Con)
Paul Blomfield (Sheffield Central) (Lab)
May I return to the question of EU nationals? Home Office figures released this morning indicate that the number applying for permanent residency in the UK has increased by 50% in the quarter since the referendum. The Brexit Secretary keeps returning to the question of people’s opportunity to apply for leave to remain. Does he not recognise that that process is not automatic, costs money, is complex and is not guaranteed? Will he not simply do what the British public want and give them the right to stay?
Mr Davis
Frankly, the hon. Gentleman allows me to reiterate the important point I made earlier. [Interruption.] I will get to the issue of leave to remain. By the time we get to the end of the process, five out of six European nationals who are here already will have the automatic right. The hon. Gentleman got that wrong—when it comes down to it, it is effectively automatic. After six years, people get the right to citizenship, which is important.
The hon. Gentleman is right that we would like to resolve this in a fast, expeditious and comforting manner for the individuals concerned, but we have a responsibility to 1 million British citizens abroad, and we must protect them as well.
Nigel Huddleston (Mid Worcestershire) (Con)
Mary Creagh (Wakefield) (Lab)
Mr David Davis
That will be part of the great repeal Bill. If there is any amendment, I would think it would be done through primary legislation in the House.
Mr David Nuttall (Bury North) (Con)
Roger Mullin (Kirkcaldy and Cowdenbeath) (SNP)
Mr David Davis
I recommend to the hon. Gentleman the comments of the shadow Chancellor, who said that Britain should grasp the opportunities available and use Brexit to transform society. Sadly, the shadow Brexit Secretary does not help.
Helen Goodman (Bishop Auckland) (Lab)
The OBR, the IMF, the Bank of England, the National Institute of Economic and Social Research and the London School of Economics all say that Britain’s share of world exports will fall post-Brexit. Does that not show how empty the Government’s rhetoric is about us being a global leader in world trade?
Mr David Davis
The hon. Lady should be very wary about taking economic assumptions underpinning a forecast as a statement of what is going to happen. The outcome after the Brexit process is over will depend very much on the deal we strike. That will be a good deal and there will be an increase in the amount of world trade we take.
Mrs Maria Miller (Basingstoke) (Con)
Major pharmaceutical investors, such as Eli Lilly in my constituency, use a common EU system for medicine regulation in clinical trials to help British patients to gain access to the best treatments in the world. What work is the Minister doing to ensure that the decades-long co-operation with the EU is maintained after Brexit not just for the benefit of companies but for the benefit of patients?
Ms Margaret Ritchie (South Down) (SDLP)
What priority has the ministerial team given to achieving continued tariff-free access and continued membership of the single market?
Mr David Davis
Those are two different things. As I said earlier, we give very high priority to both tariff-free access and access without tariff barriers, at least no more than there are already—there are plenty. That may or may not include membership of the single market, but it is achievable by a number of different methods.
Martin Vickers (Cleethorpes) (Con)
The fishing industry has never fully recovered from the sell-out in the original negotiations to enter Europe. Can Ministers assure me that the fishing industry will have a much higher priority in this set of negotiations?
Kate Green (Stretford and Urmston) (Lab)
Businesses across a range of sectors in my constituency are concerned about their ongoing ability to attract and retain skilled labour as a consequence of Brexit. Will the Secretary of State say what he is doing both to reassure businesses that in future there will be the opportunity for skilled labour to migrate to this country, and to retain people who are already considering leaving now?
Mr David Davis
The function of my Department and this strategy is to bring back the control of migration to the British Government and the British Parliament. That will be exercised in the national interest. That means that we would expect to see pretty free movement of highly talented labour and, in other aspects of the economy, it is not in the national interest to cause labour shortages. Therefore, businesses should be aware that this is not shutting the door; it is taking back control.
Michael Tomlinson (Mid Dorset and North Poole) (Con)
On reciprocal rights for United Kingdom and EU citizens, does the Secretary of State agree that the Prime Minister is absolutely right to be seeking an early resolution, and to be already speaking with individual member states?
Deidre Brock (Edinburgh North and Leith) (SNP)
Since 2014, Scottish small and medium-sized enterprises have received over €21 million in funding through Horizon 2020. What assurances can the Minister give that firms will be eligible for equivalent funding before and after 2020?
Sammy Wilson (East Antrim) (DUP)
The Prime Minister, in an attempt to set the right tone for negotiations, has offered an early agreement on the status of EU nationals living in the UK. Is the Secretary of State disappointed that, in a petulant post-referendum response from the EU Commission, this offer has been refused, and will he assure us that, should this hard line continue, there will be no lack of resolve on the Government’s part to detach us from the chains of the EU?
Mr David Davis
The Government will not be so easily put off, although the hon. Gentleman is quite right. It would have been better if we had got a better response from the EU—but I will not say anything rude about those involved. One of the interesting disciplines of the next two years is that I will be polite to everybody.
Simon Danczuk (Rochdale) (Ind)
A major retailer has raised with me whether they would continue to invest in the north-west because of potential tariffs. What comfort can the Minister give to such businesses?
Mr David Davis
Interestingly, one of the first business meetings I had was in Blackburn, at the invitation of the former MP for the area, Jack Straw. We are clear that we are seeking tariff-free, barrier-free access, and we—I certainly, as a northern MP—have the interests of industry throughout Britain, particularly the north, very much in mind.
Several hon. Members rose—
Article 50
David Davis Excerpts(7 years, 6 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for Exiting the European Union (Mr David Davis)
With permission, I would like to make a statement on the process for invoking article 50. The Government’s priority at every stage following the European Union referendum has been to respect the outcome of that referendum and to ensure it is delivered on. To leave the European Union was the decision of the British people. It was taken after a 6:1 vote in this House to put that decision in their hands. As the Government told voters:
“This is your decision. The government will implement what you decide”—
no ifs, no buts. So there can be no going back; the point of no return was passed on 23 June.
Implementing the decision to leave the EU means following the right processes. We must leave in the way agreed in law by the UK and other member states, which means following the process set out in article 50 of the treaty on European Union. We have been clear about the timing. There was a good reason why the Government did not take the advice of some in this House on 24 June and trigger article 50 immediately. Instead, the Prime Minister was clear that she would not invoke article 50 before the end of this year. That gives us time to develop a detailed negotiating position, but we have also said that the process should not drag on and that we intend to trigger article 50 by the end of March next year.
Let me now turn to the issues at hand this week. Legal action was taken to challenge the Government on the proper process for triggering article 50. We have always been of the clear view that this is a matter for the Government, and that it is constitutionally proper and lawful to give effect to the referendum result by the use of prerogative powers. As I have said, the basis on which the referendum was held was that the Government would give effect to the result of that referendum. That was the basis on which people were asked to vote.
Our argument in the High Court was that decisions on the making and withdrawal from treaties are clear examples of the use of the royal prerogative, and that Parliament, while having a role in the process, which I will come on to, has not constrained the use of the prerogative to withdraw from the EU. Our position in the case was that the Government were therefore entitled to invoke the procedure set out in article 50. The Court has, however, come to a different view. It held that the Government do not have the prerogative power to give notice under article 50 without legislation authorising them to do so.
The Court said that the starting point was that the Crown does not have power to vary the law of the land using its prerogative powers unless Parliament legislated to the contrary. It held that the European Communities Act 1972 brought rights arising under EU law into the law of the United Kingdom, and that the Crown has no prerogative power to withdraw from the EU because the effect of withdrawal would be to take away those rights.
Let me be clear about this: we believe in and value the independence of our judiciary, the foundation upon which our rule of law is built—[Interruption.] I have to say to the Opposition that I have a little more background in protecting that independence than they have, in view of the previous Government. We also value the freedom of our press. Both those things underpin our democracy.
The Government disagree with the Court’s judgment. The country voted to leave the European Union in a referendum approved by an Act of Parliament. Our position remains that the only means of leaving is through the procedure set out in article 50, and that triggering article 50 is properly a matter for the Government using their prerogative powers. As a result, we will appeal the High Court’s judgment at the Supreme Court.
Given our appeal, it would not be appropriate to comment further on the details of the legal arguments—I am sure that the House understands this—but let me say a brief word about the process of the appeal. We have taken two necessary procedural steps. First, the Government have been granted a certificate to bypass the Court of Appeal and leapfrog the case to the Supreme Court. This will ensure that, when we lodge our appeal, it will be heard directly in the Supreme Court without further delay. Secondly, we will this week apply for substantive permission to appeal to the Supreme Court. It is likely that any hearing will be scheduled in the Supreme Court in early December. We would hope that the judgment would be provided soon after. This timetable remains consistent with our aim to trigger article 50 by the end of March next year.
We are now preparing our submissions to the Supreme Court in the usual way. As I have said, it would not be proper to go into those in great detail here today, but the core of our argument will remain that we believe that it is proper and lawful for the Government to trigger article 50 by the use of prerogative powers.
Of course, litigation is also under way in Northern Ireland. It is considering a number of specific issues linked to Northern Ireland’s constitutional arrangements. The High Court in Belfast found in the Government’s favour on these points. A hearing is being held in Belfast tomorrow to consider whether an appeal by the claimants in that case should also leapfrog to the Supreme Court, and whether the issues that overlap with the English courts should remain stayed pending the outcome of the hearing in the Supreme Court. Again, it would not be appropriate for me to say more at this stage, except that in the event of any appeal in the Northern Ireland litigation, the Government will robustly defend their position. For the avoidance of doubt, our view is that the legal timetable in relation to this case in the event of an appeal should also be consistent with our commitment to notifying under article 50 by the end of March next year.
I have said that because of our appeal, I will not go into detail on the points that were raised in the High Court’s judgment, but let me set out some fundamental principles for how we move ahead. First, our plan remains to invoke article 50 by the end of March. We believe that the legal timetable will allow for that. Secondly, the referendum result must be respected and delivered. The country voted to leave the European Union in a referendum provided for by an Act of Parliament. There must be no attempts to remain inside the EU, no attempts to rejoin it through the back door and no second referendum. The country voted to leave the European Union and it is the duty of the Government to make sure that we do just that. Parliament had its say in legislating for the referendum, which it did in both Houses, with an overwhelming majority in this House and cross-party support. The people have spoken and we intend to act on their decision.
Thirdly, irrespective of the ongoing court process, there is an important role for Parliament. Parliament will have a central role in ensuring that we find the best way forward, and we have been clear that we will be as transparent and open as possible. There have already been a number of debates and parliamentary statements on Brexit, and the Prime Minister has pledged that that process will continue before article 50 is invoked. I informed the House in October that there would be a series of debates on Brexit in Government time—the first will take place today—and that is on top of a number of other debates and opportunities for scrutiny. The new Exiting the European Union Committee has been established, and it provides another place for parliamentary scrutiny of our withdrawal from the EU. If I remember correctly, its members will be visiting my Department tomorrow.
The Government will introduce legislation in the next Session that, when enacted, will repeal the European Communities Act on the day we leave the EU. This great repeal Bill will end the authority of EU law and return power to the United Kingdom. We have made it clear that European Union law will be transposed into UK law at the time we leave, providing certainty for workers, businesses and consumers. We intend that this Act of Parliament will be in place before the end of the article 50 process.
It is important to remember that article 50 is the beginning of the process, not the end. As the Prime Minister has made clear, there will be many opportunities for Parliament to continue to engage with the Government once article 50 has been invoked. When negotiations have concluded, we will observe in full all relevant legal and constitutional obligations that apply. However, there is a balance to be struck between parliamentary scrutiny and preserving our negotiating position, which was why the House unanimously concluded last month that the process should be undertaken in a way that respects the decision of the people of the United Kingdom when they voted to leave the EU on 23 June, and does not undermine the negotiating position of the Government as negotiations are entered into. We will give no quarter to anyone who, while going through the motions of respecting the outcome of the referendum, in fact seeks to thwart the decision of the British people.
We are disappointed by the Court’s judgment in this case and we will appeal against it in the Supreme Court. None of this in any way diminishes our determination to respect and deliver the outcome of the referendum, and to notify under article 50 by the end of March next year. We are going to get on with delivering on the mandate to leave the European Union in the best way possible for the UK’s national interest—best for jobs, best for growth, and best for investment.
Keir Starmer (Holborn and St Pancras) (Lab)
I thank the Secretary of State for advance sight of his statement. This is the third statement that he has made to the House in just a few months. Nobody could accuse him of not being willing to turn up to the Dispatch Box; it is just that each time he does so, we leave none the wiser about the Government’s basic approach to the negotiation. Today was no different; he has not even made clear what will happen if the Government lose their appeal. I was going to say it is all process and no substance, but I realised I said that last time and that I am in danger of repeating myself—there are only so many times I can say, “Is that it?”
What we do know is that last week was not a good week for the Government. On Thursday, the High Court ruled the Prime Minister is acting unlawfully in seeking to use prerogative powers to invoke article 50. The Court had to remind the Prime Minister that only Parliament can make and repeal laws, and it is because the Prime Minister is seeking to use prerogative powers to change the European Communities Act that the judgment went against her. Only Parliament can do that. As the Court had to make clear to the Prime Minister, when it comes to legislation, Parliament is sovereign. That sovereignty matters.
The Government have approached their task in the wrong way and their approach is now unravelling, and I am afraid to say it is unravelling in the most divisive and ugly way. In the aftermath of the High Court judgment, we saw a series of appalling personal attacks on the judges, including the suggestion that they are “enemies of the people”. Some of us have worked in countries where judges do as the Executive tell them, and believe you me it is highly corrosive of democracy. Robust comment on, and criticism of, court judgments is right in a country that respects free speech, but we all have a duty to stand up for the rule of law and the independence of the judiciary. The Lord Chancellor has a special duty to do so because, by convention, judges do not engage in public debate and are thus unable to defend themselves. Yet the Lord Chancellor has been too slow and too reluctant to do her duty. It was disappointing that the Secretary of State did not take this opportunity to put on record the Government’s clear and unambiguous condemnation of personal attacks on our judges, and I ask him to do so now.
Turning to the approach that the Secretary of State has set out, it is clear that the Government intend to appeal last week’s ruling. Clearly, legally, they are entitled to do so, but would it not be better for the Government to stand back and ask whether it is right to continue with the approach they are taking? No one expects the Government to reveal the detail of their negotiating hand, but there are big headline issues that matter to everyone in every part of the UK. What relationship with the single market are the Government aiming for? What is the opening stance on the customs union? How do the Government envisage our future co-operation with EU partners in combating terrorism and serious crime? Do the Government have a plan for transitional arrangements in March 2019? These basic questions require clear answers.
Labour has repeatedly made it clear that we accept and respect the outcome of the referendum—[Interruption.] I have said that every time I have stood at this Dispatch Box. There is a mandate to leave. We will not frustrate the process by voting down article 50, but we cannot have a debate in a vacuum. The future relationship of the UK with our EU partners is at stake. The future relationship of the UK in the world is at stake. The Prime Minister simply cannot keep all this to herself. The Government need to act in the national interest—build a consensus; act not for the 52%, but for the 52% and the 48%; and put the country first. I call on the Secretary of State to abandon the furtive Executive approach that has been taken so far and to commit to a course of action that respects the role of Parliament and provides for proper scrutiny and challenge—to commit to a course of action most likely to deliver the right outcome for all of us and for generations to come.
Mr Davis
The hon. and learned Gentleman finishes by calling me “furtive”, having started his contribution by commending me for the number of times I have appeared at the Dispatch Box—an interesting idea. I thank him for his reply none the less. I shall respond to his points in a moment, but let me first say that I am determined to work constructively with Opposition Members who want to make a success of Brexit. I have said that the Government will be as open and transparent as possible as we approach these vital negotiations—this must be the 20th time I have said that—and that Parliament will be closely and repeatedly engaged in the process of exit.
The hon. and learned Gentleman suggests that his party respects the referendum result and is not seeking to undermine the decision of the British people, but I have to say that the approach being taken by certain Opposition Members rather gives the game away. The shadow Foreign Secretary, the hon. Member for Islington South and Finsbury (Emily Thornberry), has declared that what the referendum result—the biggest democratic mandate for a course of action achieved by any Government—needs is an “injection of democracy”. The hon. Member for Pontypridd (Owen Smith) has suggested that Labour would amend any article 50 Bill to bring about a second referendum.
The right hon. Member for Sheffield, Hallam (Mr Clegg), the former Deputy Prime Minister, who is in the Chamber, suggested after last week’s result that his party would seek to amend any legislation on triggering article 50 to allow for a second referendum on our new relationship with the EU. He did not like the first answer given by the voters, so he is seeking to put the question all over again in the hope of getting a different one. These are not constructive proposals to enable Britain to make a success of Brexit. I am sorry to say that they look increasingly like attempts to thwart and reverse the decision that was taken on 23 June—[Interruption.]
Mr Speaker
Order. Mr Bacon, I always regard you as a cerebral denizen of the House, not the sort of person who would point across the Chamber. That is profoundly discourteous and very un-Bacon-like, if I may say so.
Mr Davis
As we are speaking of cerebral issues, Mr Speaker, I shall return to the hon. and learned Member for Holborn and St Pancras (Keir Starmer). I read in the Financial Times that he recently attended a private event in Parliament at which he was hailed as
“the man who’ll make sure we stay in the EU”.
Apparently he winced at that because he
“does not want expectations to get out of hand.”
We have had a weekend of Labour confusion. The Leader of the Opposition suggested he might seek to block the triggering of article 50 if various conditions were not met. A few hours later, the deputy leader said that that was not right. I heard the hon. Member for West Bromwich East (Mr Watson) on the radio this morning and he now appears to be suggesting a different approach. He says that triggering article 50 should be conditional on our going into this negotiation with all our cards face up for everyone on the other side of the table to see.
I have said repeatedly that we will be as open as we possibly can be. Indeed, we have set out our strategic aims for the negotiation again and again. I have told the House before—I do so again today—that they are: to bring back control of our laws to Parliament; to bring back control of decisions over immigration to the United Kingdom; to maintain the strong security co-operation we have with the EU; and to establish the freest possible market in goods and services with the EU and the rest of the world. But there are none so deaf as those who will not hear.
We will not achieve a good outcome, however, if the negotiation is being run by 650 people in the House of Commons and nearly 900 in the other place. No negotiation in our history has been run in that way. Indeed, if Parliament insists on setting out a detailed minimum negotiating position, that will quickly become the maximum possible offer from our negotiating partners, and the talk of a second referendum from some Opposition Members will simply encourage the EU27 to impose impossibly difficult conditions in the hope that the British people will change their minds. In other words, their whole approach is designed to wreck the negotiations.
So, Parliamentary scrutiny—yes. Telling the Prime Minister which cards to play and forcing her to disclose her hand to those she will be negotiating with—no. That will not be the approach taken by our EU counterparts. The European Commission states in a public document on how its negotiations are conducted:
“The negotiations and their texts are not themselves public...A certain level of confidentiality is necessary to protect EU interests and to keep chances for a satisfactory outcome high. When entering into a game, no-one starts by revealing his entire strategy”.
I will consider any suggestions that the shadow Secretary of State constructively has to make. We have said that we want as broad a consensus as possible, but we will not do anything to compromise Britain’s negotiating position or give grounds to those who want to thwart the result of the referendum.
The shadow Secretary of State did raise another point that I do not want to let pass. He accused the Lord Chancellor of failing to defend the judiciary. I do not accept that. I have the quote in front of me and the Lord Chancellor said:
“The independence of the judiciary is the foundation upon which our rule of law is built and our judiciary is rightly respected the world over for its independence and impartiality.”
I have been in this House for a little while. Over the past decade or so—since about 2004—there have been a number of occasions when I was sitting on the Opposition Benches that the Labour Home Secretary of the day criticised by name and in terms individual judges. I never did that. I did not attack him because I thought he was doing something he believed in—even if he was wrong. Nevertheless, I certainly never ever undermined the judges when I was in that position. A little later in that decade, Mr Peter Hain was threatened with prosecution for criticising judges, and I led the campaign to stop that prosecution, so I will take no lessons from Labour on this subject.
Mr Speaker
As usual, I want to accommodate the enormous interest of the House in this important statement and will strive to do so, but I must say to the House that questions and answers must be brief from now on.
Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)
Does my right hon. Friend recall that during the passage of the European Union Referendum Act 2015 the then Foreign Secretary, now the Chancellor, made it unequivocally clear that the purpose of the Bill that was being passed into law was to give to the British people the absolute right to decide whether we stayed in or left the European Union? At no stage was that unclear. Does my right hon. Friend therefore deplore all those, including 70 Opposition Members, who now say that that decision does not stand and that we should fight to stay in the EU regardless of the public’s decision?
Mr Davis
My right hon. Friend is quite right. The then Foreign Secretary said in terms to this House, “This is giving the decision to the British people.” The Government of the day also spent £9 million circulating a leaflet saying just that: the decision was the public’s to take and that the Government would implement it.
Stephen Gethins (North East Fife) (SNP)
I thank the Secretary of State for early sight of his statement. We are about to embark upon one of the greatest constitutional upheavals that the United Kingdom has ever experienced. It will have an impact on almost every Government Department and every area of responsibility of the devolved Administrations. That means that scrutiny of the work of the Executive by the legislature is now more important than ever and should not be done on a nod and a wink. Just as the judges did their job in upholding the rule of law, so should this place have a full role in scrutinising the Government’s work.
Will the Secretary of State tell us whether a White Paper or any other preparatory materials for a Bill are being produced? Furthermore, will he acknowledge that democracy no longer begins and ends here and that there will be a significant impact on the devolved Administrations? Will he therefore tell us what meaningful involvement those Administrations will have over and above a hotline that takes 36 hours to answer?
Finally, the Secretary of State mentioned what he believes. Does he agree, and has he told his boss the Prime Minister, that we could have saved this Government, their lawyers and Ministers, and High Court judges a lot of time and effort had Parliament approved the Parliamentary Control of the Executive Bill that he brought before the House on 22 June 1999? It would have clearly restricted the use of the Crown prerogative until
“the assent of the House of Commons has first been obtained”,
including
“to exercise executive powers not conferred by statute”.
Mr Davis
I thank the hon. Gentleman for that. I have to say that I am a little surprised at his comments on the devolved Administrations and their involvement, as the very first thing the new Prime Minister did was visit the First Minister of Scotland to discuss exactly the issue we are talking about today. This week, we are having the second Joint Ministerial Committee meeting, at which Scotland’s Government will be represented.
Sir William Cash (Stone) (Con)
Does my right hon. Friend agree that the European Union Referendum Act 2015 and the Lisbon treaty Act of 2008 are both constitutional Acts—sovereign Acts—of the first order? Does he also agree that not only did the 2015 Act expressly and clearly give the voters the absolute right to leave the EU, but the 2008 Act also clearly intended that the Government would give notice to leave under article 50, and that the Government stated that both before and after the referendum?
Edward Miliband (Doncaster North) (Lab)
The Government have at various times in the past few months said that they wanted to unify the country, heal our divisions and build a national consensus, and all of us, in each part of this House—leave and remain—should want to see that. But how is it remotely possible to build that national consensus unless the Government are far more transparent with the country and this House of Commons about their plan for the Brexit negotiations?
Mr Davis
It is not possible by trying to thwart the will of the people by all sorts of parliamentary games, but what I will say to the right hon. Gentleman is this: I agree that we want to unify the people of Britain about a common position, but in truth there are very few differences across this divide. When I looked at what the Leader of the Opposition said on Sunday, I thought I could agree with at least two thirds of it. I do not think the divide is quite as wide as the right hon. Member for Doncaster North (Edward Miliband) thinks.
John Redwood (Wokingham) (Con)
Will the Government remind the Supreme Court that prerogative powers have regularly been used by Ministers over the past 44 years to introduce and change British law by accepting European decisions and regulations, without any referendum cover? Will they also give all the abundant evidence that this was not an advisory referendum to that same Court?
Mr Nick Clegg (Sheffield, Hallam) (LD)
Is the Secretary of State aware that the Governments of the day, of different political persuasions, published White Papers on their negotiating priorities ahead of the Amsterdam treaty, the Nice treaty, the constitutional treaty and the Lisbon treaty, and that Maastricht treaty negotiations were preceded by two whole days of debate under John Major’s Government and a vote in this House? Can the Secretary of State explain to the House why an approach involving Parliament’s prerogatives of scrutiny is appropriate for amendments to EU treaties but not appropriate to the much larger endeavour of pulling the UK out of the EU altogether?
Mr Davis
What the right hon. Gentleman forgets of course is that we have announced already, right at the beginning of this process, that we will introduce the great repeal Bill, which will lead to an enormous length of debate in this House on exactly what powers will be kept and what powers will remain—most will remain. After that, there will be other Bills, I should think, that will also deal with the individual elements of the negotiation, which will inform the House, with the House having the right to both amend and vote on them. So I do not see what he is complaining about.
Anna Soubry (Broxtowe) (Con)
Our country is deeply divided. In my county of Nottinghamshire, hate crime is 18% higher today than it was a year ago. Is it not important that, in everything that we say and do in the years and months ahead of us, we watch the language and make sure it is temperate, and that we involve everybody? Seventeen million people voted to leave the EU and 16 million of us voted for us not to leave the EU, and most of us have accepted that we are now going to leave the EU. In that spirit of bringing our nation together, in the interests of everybody, will my right hon. Friend now take this opportunity unequivocally to condemn the language and the vilification of our judges, including the homophobic abuse of one of our judges? Will he now please set the tone for us to work together?
Mr Davis
I wholeheartedly deplore the threats and the violent language used against the individual who I think launched this judicial case—that is utterly to be deplored. The point of division when one defends free speech is the point at which it encourages violence. In that respect, I absolutely agree. Hate crime is despicable, and those sorts of assaults are despicable.
Hilary Benn (Leeds Central) (Lab)
The Secretary of State indicated last Thursday that, in all probability, legislation would be required to trigger the article 50 process if the judgment is upheld. Is that still his view? If so, will he give the House an assurance that, before that legislation is brought before the House, the Government will have published their negotiating objectives for the great endeavour on which the nation is about to embark. Whether people voted for or against remaining in the European Union, what all of them want to know now is: do the Government have a plan? The more he stands at the Dispatch Box and does not reveal one, the more worried people become.
Mr Davis
First, on the question of legislation, the actual outcome will depend on what the Supreme Court judges rule. What I was commenting on was the state as of the hearing or declaration last week. On the negotiation, as I have said before, we will be as open as possible subject to the overwhelming national interest of preserving our negotiating position. It is no good creating a public negotiating position, which has the simple effect of destroying our ability to negotiate—full stop.
Michael Gove (Surrey Heath) (Con)
The independence of our judiciary is a very precious thing and it must be respected. The independence of our free press is also a very precious thing, and it must be respected. The fact that 17.4 million people—a majority of the British people—voted for our national independence is a precious thing and that must be respected. Will my right hon. Friend guarantee to me that he will not allow the efforts of the right hon. Members for Sheffield, Hallam (Mr Clegg) and for Doncaster North (Edward Miliband) or indeed any Member of the other place to thwart the mandate that this Government have been given in order to ensure that we can take back control of our laws, our money, our trade and our sovereignty?
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
The Secretary of State’s words about the independence of the judiciary were welcome, but he will know that the Secretary of State for Communities and Local Government said last week that the High Court decision was an attempt to frustrate the will of the British people. Does he agree that that was a deeply unhelpful thing for him to say, particularly at a time when the UK Independence party is calling for democratic and political control of judges—that was this morning—and when we all have a strong responsibility to ensure that the process of Brexit strengthens democracy and the rule of law in Britain and does not undermine and subvert it?
Mr Davis
I did not hear the Secretary of State for Communities and Local Government speak. I have seen—[Interruption] Wait a minute. I have seen some of the reportage of it. I say to the right hon. Lady that we can respect the judiciary’s independence and disagree with the conclusion that it arrived at—that is perfectly proper within our country.
Crispin Blunt (Reigate) (Con)
Will my right hon. Friend confirm that, like the European Parliament under article 50, this Parliament will have a vote on any prospective deal with the EU 27 at the end of the negotiations, and that although it is very important that he informs his negotiating position by consulting all shades of opinion and interest in the country and in this House, our decision will be at the end of this process, not at the beginning?
Mr David Davis
My hon. Friend is right. I have said to the House on a number of occasions that we will—I have used the same formula—obey all the laws and conventions. He will know that that includes, for example, the Constitutional Reform and Governance Act 2010 and other Acts, including the European Union Act 2011. Before then, as I have said already, we will have the great repeal Act, which will be a major Act debated at length in this House, with possible consequential legislation, which may also be amendable. There is both a ratification process at the end and an amendment process along the way.
Ian Paisley (North Antrim) (DUP)
I thank the Secretary of State for the advance copy of his statement and for the regular meetings that he is having with Members in the devolved Assemblies and Members from the devolved regions about this important matter. He can be assured that on the Ulster Bench the Government’s fixity of purpose is supported. Have last week’s events been a reminder that the courtroom is not the place for Britain to conduct its politics? Does he foresee any circumstances in which this case could end up in the European courts, and is there a contingency plan to address that matter?
Dr Julian Lewis (New Forest East) (Con)
If the result had gone the other way, leavers like me would have unequivocally accepted it—[Interruption.] That is absolutely the case. Therefore the same should be expected of hon. Members who were defeated by the referendum result. Given that they all say that they would vote for article 50 in a vote in the House of Commons, why do we not hold such a vote straight away on a straightforward resolution, so that we can see whether that is sincere or whether they are as cynical as their reaction to the true statement that I made seems to suggest?
Mr Pat McFadden (Wolverhampton South East) (Lab)
The basis of the judgment last week was that rights conferred by legislation cannot be taken away by royal prerogative. The Secretary of State said in the wake of that judgment that it was his understanding that therefore legislation would be needed to give effect to the judgment. Is that still his understanding, or does he think that the judgment can be given effect without legislation?
Mr Davis
As the judgment stands, that is my understanding. Basically, the right hon. Gentleman is right. What the court said, in effect, was, “You cannot remove rights without legislative power, and to give the Government legislative power, you have to have legislation”, but remember, we are now waiting on the Supreme Court outcome, which may be different.
Mrs Theresa Villiers (Chipping Barnet) (Con)
Some 105 years ago it was a Liberal Government who established the supremacy of the elected over the unelected Chamber, so would it not be a scandalous state of affairs if Lib Dem peers were to use a parliamentary vote to frustrate the will of the people of this country?
Frank Field (Birkenhead) (Lab)
Is not the pressure on us, not on the judges? At elections the people give us sovereignty to exercise on their behalf, and at referendums we return that sovereignty to them. Woe betide us if we do not abide by that. Will the right hon. Gentleman hazard a guess as to how many remainers’ turkeys will vote for Christmas in next May’s election?
Nicky Morgan (Loughborough) (Con)
Is there not a way to cut through the debate and to start to heal the rift between Parliament and the people? The Secretary of State has an opportunity this afternoon to say that there will be a one-line Bill authorising the triggering of article 50, which would be introduced to this House and then pass through the House of Lords. I would urge him to bring that Bill forward soon to test the will of this House and the House of Lords, which I think will approve the passing of that Bill, and we can then get on with negotiating the exit.
Caroline Lucas (Brighton, Pavilion) (Green)
In 2010, responding to a House of Lords constitutional affairs report, the Government Minister asserted:
“Under the UK’s constitutional arrangements Parliament must be responsible for deciding whether or not to take action in response to a referendum result.”
Can the Secretary of State explain what has happened since 2010 to change the Government’s view on that?
Mr Davis
What happened in 2015 was that the Government Minister responsible, the Foreign Secretary, said to the House of Commons that this gives the decision to the British people—full stop, no ifs, no buts. The Government then published a number of documents saying the same thing over and over again. If we betray the people by not responding to that properly, I think it will be very difficult to ever make a referendum matter again.
Mr Owen Paterson (North Shropshire) (Con)
I am delighted with the certainty my right hon. Friend has that we are sticking to the current timetable, but he will have noticed that those who voted to remain are putting out a false narrative that we now have a choice between soft Brexit or hard Brexit. Will he please confirm that the biggest majority in British history voted to take back control, and that means making our own laws in our own Parliament?
Karl Turner (Kingston upon Hull East) (Lab)
The Attorney General, who is helpfully sitting next to the Secretary of State, will know that the Government failed in the European Union Referendum Bill to set out how notification under article 50 would be given in the event of a leave vote. Consequently, the courts have had to intervene. So should the Secretary of State not come to the Dispatch Box and condemn the hysterical, vicious, personal attacks on our independent judiciary and condemn some of the comments from those on his own Front Bench?
Mr Bernard Jenkin (Harwich and North Essex) (Con)
Is my right hon. Friend aware that some people have been describing this moment as some kind of constitutional crisis? I will be inviting the constitution Committee of the House of Commons to take an interest in this crisis, if it is a crisis. In the meantime, may I commend my right hon. Friend, and indeed the whole Government, for taking a cool and calm approach to this? May I invite him to pursue the appeal to the Supreme Court, because the present judgment leaves unanswered a number of questions that need to be resolved? May I also say that it is quite possible that the Supreme Court may choose to exercise its independence by reversing the decision of the High Court?
Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)
The Government’s handling of this situation does not inspire confidence at any level: Ministers cannot convince the High Court that their actions are lawful, they are fearful that they cannot persuade Parliament that their negotiating strategy is the right one, and they cannot even agree a UK-wide strategy that involves all the devolved Parliaments. On what basis are we expected to believe that this Government can persuade our partners in the EU that we should get a good deal from Brexit?
Mr Jacob Rees-Mogg (North East Somerset) (Con)
While it would be improper for Ministers to criticise judges, though not judgments, and disorderly for this House to criticise judges, except under a specific motion, is it not absolutely right that our press are free, fearless and outspoken, because there may be less happy times when judges need to be held more firmly to account?
Mr Douglas Carswell (Clacton) (UKIP)
It is now more than four months since a clear majority voted to leave. In a spirit of constructive engagement, and further to what the right hon. Member for New Forest East (Dr Lewis) said, may I suggest that Secretary of State bring a motion, as opposed to a Bill, before the House ahead of the Supreme Court hearing in January, because doing so might underline where the balance of opinion lies both in this House and in the unelected place?
Sir Oliver Letwin (West Dorset) (Con)
Does my right hon. Friend agree that nothing in the High Court judgment in any way constrains the ability of Parliament to determine its own procedures, and that, in light of that, it would be possible for both Houses of Parliament to amend their procedures in such a way as to bring forward a Bill and to pass it, long before the Supreme Court judgment?
Emma Reynolds (Wolverhampton North East) (Lab)
Does the Secretary of State agree with the view expressed by some of his colleagues that the High Court ruling was “clearly an attempt to frustrate the will of the people”?
Sir Desmond Swayne (New Forest West) (Con)
Will the Secretary of State celebrate the fact that parliamentary sovereignty is now embraced even by those who campaigned to leave it in Brussels?
Chris Leslie (Nottingham East) (Lab/Co-op)
Of course we should all accept the outcome of the referendum, but that does not necessarily mean that we all have to agree on the detail or that we should rush ahead with triggering article 50—particularly in March, ahead of the German and French elections, and before the Government have even developed a plan. As we now know that if the Secretary of State loses the Supreme Court judgment we are likely to have a Bill—primary legislation—he should entertain the idea of an amendment that considers triggering article 50 after the summer, not before September, so that we have the time to get this right.
Mr Andrew Tyrie (Chichester) (Con)
The Prime Minister is currently in India attempting to begin negotiations on a trade deal that the UK may, in the event, not have the authority to conclude—not, that is, unless the Government have already quietly decided to leave the customs union. Will the Government give at least some indication of when they will set out their negotiating position on the core objectives of whether we remain in the customs union, whether we are attempting to retain full access to the single market, and whether we intend to retain passporting for our financial services?
Mr Davis
As my right hon. Friend well knows, the issue of the customs union is a complex one. There are many different configurations. Turkey is inside the customs union but outside the single market, Norway is inside the single market but outside the customs union, and Switzerland is outside the customs union and partly inside the single market. We have to make a judgment on what is best for Britain in toto, in terms of its access both to the European market and to the rest of the world. We will make that judgment in due course and make it public in due course.
Stephen Kinnock (Aberavon) (Lab)
Does the Secretary of State agree that nobody is above the law, not even his own Government?
Stephen Crabb (Preseli Pembrokeshire) (Con)
On the subject of devolved Administrations, does my right hon. Friend agree that the Welsh Labour Government’s announcement that they will now seek to join the legal challenge to the article 50 process at the Supreme Court is entirely unnecessary and opportunistic, and that, rather than seek to impede or complicate what should be an orderly exit from the European Union, the Welsh Labour Government and the Labour party in this place should spend more time talking to their own voters about why they turned out so overwhelmingly to vote for Brexit?
Mark Durkan (Foyle) (SDLP)
Since the referendum result, there has been a carnival of reaction that has been in part vicious and pernicious, and that is now verging on the seditious with regard to the rule of law. The Prime Minister seems to want to just crowd surf that mood, wrapped in the royal prerogative. Would it not be better for this Chamber to move beyond yet another episode of roaming commentary and to give real consideration to the precepts and purposes that will inform negotiations? Does the Secretary of State recognise that it is not just UK constitutional interests that are at stake? Irish constitutional dimensions need to be taken care of, too.
Mr Davis
I referred to the Northern Irish case, which the Government won, and the decision about whether to leapfrog it will be made tomorrow. I am entirely aware that this is a very wide constitutional issue that has to be resolved properly. That is one of the reasons I am resisting calls to do something before the Supreme Court rules on the issue. That is the proper place for the decision to be taken.
Robert Neill (Bromley and Chislehurst) (Con)
I am glad that the Secretary of State has characterised the decision as being a judgment. The judges were asked to answer a legal point of significant importance and they did so, rightly and faithfully, in accordance with their oath. Does he, therefore, agree that it is important for our reputation after we have left the European Union that all of us speak up for the independence of the judiciary and, above all, that we do not regard freedom of expression in the press as any excuse for personal, abusive and, frankly, disgraceful innuendo being raised against individual members of Her Majesty’s judiciary? That undermines us all.
Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)
Of course, there should be absolutely no doubt that this House complies with the rulings of the Supreme Court and that we will do whatever is required by the law to trigger article 50, but article 50 gives expression to the result of the referendum. Does the Secretary of State agree that this House would do well to remind itself that, if the referendum had been a general election, 401 of the 632 English, Welsh and Scottish constituencies would have voted to leave?
Nick Herbert (Arundel and South Downs) (Con)
Since we clearly must respect the decision of the British people, and since it is also clear that the majority of Members of this House, including me, would vote to trigger article 50, surely the real question is the substantive one about what kind of Brexit will be pursued. Why is it that the former Government were able to set out a White Paper on their objectives ahead of the Lisbon treaty negotiations, but that this Government are saying that they will not set out a similar document in respect of these much more important negotiations?
Mr Davis
I guess I was the part-author of the White Paper ahead of the Amsterdam treaty, and our aims were put only in very broad terms. In those terms, we already have our broad aims. They are very plain: control of laws, control of borders, maintenance of our security and the maximum possible access to free markets, both in Europe and elsewhere. Those are the broad aims. In terms of detail, I have just been asked about the customs union. As I have said, when we get to the point of being sure of where we are going on that—[Interruption.] I am glad that Labour Members are all very sure about that, since they do not seem to have looked at any of the numbers at all. The national interest requires that we make sure what the outcome is before we attempt to achieve it. That is a very small negotiating lesson.
I do not think that I want to commit at this point, but let me say this. I have said over and over again in this process that we will be as open as possible, consistent with maintaining our negotiating stance. I mean that. I have stood up for that principle through decades in this Parliament, and I will not stop standing up for it just because I am standing here.
Catherine McKinnell (Newcastle upon Tyne North) (Lab)
Last week’s ruling was not about overturning the referendum, but it did recognise that this issue will affect every man, woman and child in this country and that therefore their democratically elected representatives should have a role in making sure that the Government get the best deal for everybody. Without greater transparency, how can the Government provide the reassurance that they are representing not just 52% or 48%, but the whole country?
Mr Davis
The hon. Lady makes a good point, in that the aim of the Government is to carry out the national instruction, because that is what it was, in the national interest. At the risk of repeating myself, I have said that we will be as open as it is possible to be while maintaining that national interest, which means a degree of confidentiality in the early stages of negotiation. Parliament will have plenty of opportunities both to scrutinise the legislation and to amend it before it takes effect.
Mr Mark Harper (Forest of Dean) (Con)
I was very pleased that the Secretary of State started his remarks by saying that he wanted to respect the decision. It seems to me that the confusion among many is that they think that the decision the British people took on 23 June was conditional on some kind of deal; it was not. I was on the remain side of the argument, but I accept unconditionally the decision of the British people. We are leaving. The task at hand for the Government is to negotiate with our partners for the best trade deal, the best access to the markets and the best security arrangements. I am confident that the Prime Minister will do so. Too many Opposition Members think that leaving is conditional; it is not.
Mr Chuka Umunna (Streatham) (Lab)
Gina Miller, who brought the case, has been subject to death threats. She has been attacked for being foreign-born. She has been subject to racial abuse and threats of sexual violence simply for exercising her rights as a British citizen. As has been mentioned, the judges in her case have been attacked simply for doing their job and not dancing to the tune of the Executive. Does the Secretary of State believe that whether we voted leave or remain, we can all agree that these vicious and deplorable attacks are not what our country is about or in keeping with British values? On that point, in relation to the judiciary, if our judges are intimidated and harassed and we have marches on our courts, that takes our country down a very dangerous avenue indeed.
Mr Davis
I have already commented on the judges, but let me comment on the treatment of Gina Miller. I have said that I deplore—I cannot find words strong enough, frankly, to say how much I detest—the attacks on her. I have not seen them directly, but they sound to me to be effectively criminal attacks, because incitement of violence, threats of violence and racial abuse are all crimes.
Mr Christopher Chope (Christchurch) (Con)
May I press my right hon. Friend further on the idea of allowing both Houses of Parliament to vote early on a resolution calling on the Government to exercise article 50 before 31 March? Surely to do so would respect the judgment in the High Court, because that judgment made it clear that this House is sovereign; and, as a sovereign House, we should decide how to exercise that sovereignty.
Stella Creasy (Walthamstow) (Lab/Co-op)
Independent judges are vital to our democracy because they keep Governments honest and ensure that they cannot overrule the rule of law. The right hon. Member for Broxtowe (Anna Soubry) is right that language matters. The Secretary of State talks about keeping his cards close to his chest, as though he was playing a late-night game of poker, but he must understand that people are exercised, whether they voted to leave or to stay, because they know the stakes he is playing for are their lives. The British public deserve to know whether there are any nasty surprises ahead. Will he now be honest about his Government’s red lines, so he is not left red-faced with the British public?
Mr Davis
It is not a late-night game of poker; it is a devil of a lot more important than that. The simple truth is: when you go into a negotiation of this nature and you publicise your minimum negotiating objectives, you make them your opponent’s maximum negotiating objectives and you increase the price. I am afraid a commitment to parliamentary accountability—I share such a commitment with everybody else in the House—is not an excuse for naivety in negotiation.
Philip Davies (Shipley) (Con)
If the referendum was no more than advisory, it makes one wonder why some people who now claim it was only advisory campaigned so hard during the referendum campaign. Triggering article 50 is just the start of the process, so if the Supreme Court does not overturn the perverse decision of the High Court, does my right hon. Friend expect the Labour party to agree to triggering article 50 without any conditions? Given that it was made perfectly clear in the Conservative party manifesto at the last election that we would have a referendum and honour the result of the referendum whatever the outcome, does he expect the House of Lords to honour one of the conventions of this place, which is that it should not stand in the way of a manifesto promise?
Mr Davis
I am responsible for many things, but the Labour party’s stance is not one of them. Frankly, that is just as well, given that it had three of them—three different stances—over the weekend. As I understand it, the approach taken by my Labour opposite number is that conditions will be attached to the approval of triggering article 50. That does not reflect the will of the people at all—just the reverse.
Angela Smith (Penistone and Stocksbridge) (Lab)
Does the Secretary of State not accept that the judgment given by the Supreme Court could come as late as January? Does he not accept that, nevertheless, the debate about what the Government think Brexit should look like does not have to be constrained by the court judgment, and could start tomorrow if the Government had the political will? Does he not accept that the best way of doing that would be to table a White Paper as soon as possible?
Mr Davis
The hon. Lady has not listened to my responses to earlier questions. Yes, she is right in one respect: the judgment may come as late as early January. The expectation is that the case will be held in early December, and I suspect that it will take two to three weeks for the judgment to be written up. I think the proper role of the Government is to await and to respect the judgment from the Supreme Court—full stop.
Mrs Sheryll Murray (South East Cornwall) (Con)
Does the Secretary of State agree, despite the arguments of Labour Members and of some Conservative Members, that no successful business deal has ever been done when the hands of the negotiator have been tied, and that the best way to take this forward is to allow the Prime Minister to negotiate without boxing her in?
Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
Following the UK Government’s decision to challenge the High Court judgment, the Welsh Government have announced that they will seek legal representation in the Supreme Court hearing, because of the impact of the use of prerogative powers on the legislative competence of the National Assembly for Wales. Surely the UK Government should now take a step back, take a deep breath and, instead of trying to steamroller through Brexit, fully engage with this Parliament and the national Parliaments of Wales, Scotland and Northern Ireland.
Sir Edward Garnier (Harborough) (Con)
Having worked with my right hon. Friend for many years in this place, both in opposition and in government, I have absolutely no doubt whatsoever about the truth of his suggestion about the value of the independence of the judiciary. Will he accept that the referendum gave the Government permission to leave the European Union—and that is going to happen—but the referendum did not give the Government a power they do not have?
Seema Malhotra (Feltham and Heston) (Lab/Co-op)
I add my support to the principle of—and the urgent need to clarify and state—the independence of the judiciary, and its importance for our rule of law. I believe that it is to our shame that we are having this discussion at all, and that it is incumbent on every Member of this House, and of the media, to uphold the language and the high standard of debate that this country needs and deserves. If the Secretary of State wants the best deal for the country and the best chance of success in negotiations, does he not think that the Prime Minister will be helped by going into those negotiations with a united country, a thorough debate that is public and transparent, and the vote of support of Parliament behind her?
Mr Davis
I reiterate that the independence of the judiciary is one of the fundamental pillars of our democracy, as is a free press and a number of other freedoms that are sometimes uncomfortable for people, I am afraid. Of course it would help to have the support of the House, and there will be plenty of opportunities for that to happen. During the great repeal Bill debates there will be a great deal of opportunity for all parts of this House and the other place to vote on the measures put before them. That will provide some support for the Government.
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
One of the complexities of article 50 is that there are no transitional arrangements. I know that the Secretary of State understands that there are genuinely held fears about people’s rights. Will he confirm that, notwithstanding the outcome from the Supreme Court, cases referred to the Court of Justice of the European Union either before article 50 is invoked or before the final date of the UK’s departure from the EU will be heard by that court and, more importantly, that any decision by that court, however long it takes, will remain binding in the UK?
Heidi Alexander (Lewisham East) (Lab)
This summer, the country was failed by an embarrassing, misleading and, at times, toxic debate about the EU that all too often inflamed rather than illuminated. Legislation before article 50 is triggered could help lift us out of this quagmire, giving the issue the sort of thorough scrutiny and sensible debate it deserves. Why will the Secretary of State not commit to a Bill and a programme motion that allows each and every one of us to set out our views on the principle of triggering article 50, the terms on which it should be invoked and the process thereafter?
Sir Gerald Howarth (Aldershot) (Con)
Will my right hon. Friend confirm that invoking article 50 changes not one word of English law, but is simply the process of sending a letter formally notifying the EU of the people’s vote to leave, and that failure to do that would be a betrayal of the British people that they would not lightly forgive?
Gavin Robinson (Belfast East) (DUP)
Further to that, the Secretary of State should take some comfort from the fact that the High Court in Belfast reaffirmed the view of the Northern Ireland Attorney General that not one comma or full stop of our devolved settlement will be amended by the triggering of article 50. Given that, and the fact that devolved arrangements are subject to the will not only of this House but of this Government and that constitutional arrangements and external relations are reserved matters, does he agree that this decision will be taken as a nation by this nation as a whole?
Mr Peter Bone (Wellingborough) (Con)
While I understand the Government’s desire to proceed with the court case—there is a principle of law—is it not a good idea, which we have heard from both sides of the House today, urgently to put a resolution to the House that can be voted on, which would help the courts to decide Parliament’s view on article 50?
Mike Gapes (Ilford South) (Lab/Co-op)
The Secretary of State has referred to the timetable for article 50. Once it is triggered, we have a maximum of two years. Does he agree that, if we do not have agreement towards the end of that period, we face a ticking clock, which weakens our position? Is there merit in the suggestion in today’s Financial Times, which apparently the Prime Minister is considering, to have a transitional arrangement of several years afterwards? Is it not time that hon. Members debated that?
Heidi Allen (South Cambridgeshire) (Con)
I believe that acceptance of the High Court ruling would have offered a symbolic and inclusive hand to those of us who voted to remain. Inclusion is a part—a key ingredient—of the Prime Minister’s strategy of bringing the country back together and we all need to come along on this journey. The Government have chosen not to do that, but can we agree that the judiciary have an important role to play in our constitution and should be allowed to do so independently, with our respect? This is what grown-up sovereignty feels like.
Mr Davis
I do not recognise the first part of my hon. Friend’s comments and I do not see how the Government have refused to be inclusive. We have taken input on vast amounts of policy from large numbers of people who voted or campaigned for remain, so I do not think her description is remotely true.
Mr David Hanson (Delyn) (Lab)
Will the Secretary of State tell the House how much taxpayers’ money he is expending on the court case, the appeal and future action to stop this House having a say on the important issues of the single market, employment rights and prisoner transfer agreements, which all matter, even if we have accepted the will of the referendum, as my hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) has said?
Mr Davis
All those figures will be published in due course, but the right hon. Gentleman is wrong about one thing: I have given in terms an undertaking to the House that there will be no dilution of employment rights as a result of our leaving the European Union. He has not been paying attention.
Mr Jonathan Djanogly (Huntingdon) (Con)
The High Court judgment noted:
“The Government accepts that a notice under Article 50 cannot be withdrawn once it has been given.”
Why did the Government simply accept that? If they had maintained that triggering could be reversed by Parliament, would not Parliament remain sovereign, despite the Executive taking the decision to trigger article 50?
Mrs Emma Lewell-Buck (South Shields) (Lab)
I would be the first to admit that I am no legal expert, but throughout campaigning on the EU referendum I was clear with my constituents that Parliament would very likely have a vote on these matters. Have the Government been disingenuous with the public from day one, or are they completely unsure of the existing constitutional law of the country they govern?
Mr Steve Baker (Wycombe) (Con)
Is it not the case that, at various times and in various ways, the Government have given clear indications of their direction of travel on legal supremacy, migration policy, trade policy, reciprocal rights and regulatory continuity? To go further on what has been said and to tie the Government’s hands would be to act against the national interest.
Chris Bryant (Rhondda) (Lab)
The Secretary of State accepts that he could publish a Bill next week and we could have it on the statute book long before the judges have done their business, so the reason for taking the decision to the next stage is not to expedite it but some other. I can only presume that it is because, somehow or other, this man—the Secretary of State—a man who has always fought for Parliament, is suddenly fighting for the prerogative rights of the Crown.
Chris Bryant
No, the Secretary of State is fighting for the prerogative rights of the Crown. Would it not be a phenomenal irony if the people who clamoured to bring back control to this country handed it from Parliament to Ministers and the Crown?
Conor Burns (Bournemouth West) (Con)
There are far too many Members of both this place and the other place, including my right hon. Friend’s opposite number at lunchtime today, who are taking to the airwaves to tell us that they fully respect the result of the referendum and then go on to insert that very important word “but”. Will my right hon. Friend use this occasion to explain, from the Dispatch Box, to those at this end and the other end that there are no buts on Brexit?
Stephen Timms (East Ham) (Lab)
Why will the Government not seek the agreement of Parliament to their basic broad objectives for Britain’s future relationship with the European Union before article 50 is triggered?
Mr Davis
I really like the right hon. Gentleman. I am a great admirer of him and what he has done in his life. I will say this to him: we have made a great deal of information available one way or another and we are going to make more available. The simple truth is that nobody on the Labour Benches appears to recognise that serious decisions are being taken in the public domain. They just do not like them.
Mr Philip Hollobone (Kettering) (Con)
Who will be leading the Government’s case to the Supreme Court? Will it be the Secretary of State, the Attorney General or the Prime Minister? Or can we expect all three?
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
I am glad the Secretary of State is having a jolly time over this, but when I spoke to my constituents over the weekend, whether they voted to remain or to leave—I respect both votes—they were all deeply concerned about the sinister turn of events in the commentary in the media. Will the Secretary of State be absolutely clear on whether it is acceptable to call judges enemies of the people? Will he be equally clear that someone’s sexuality does not preclude their ability to make legal judgments or to hold the highest offices in the land?
Mr Davis
The latter point is self-evidently the case, but let me say this to the hon. Gentleman. Over the decades, I have fought battles on both the independence and rights of the judiciary and the freedom of the press. They are both important, and they are particularly important when one does not like what they say.
Helen Whately (Faversham and Mid Kent) (Con)
Earlier this afternoon, the hon. and learned Member for Holborn and St Pancras (Keir Starmer) said that no one expects the Government to reveal their negotiating hand. Then, however, he set out a series of negotiating positions he would like the Prime Minister to reveal. Does my right hon. Friend agree that rather than trying to tie the hands of the Prime Minister, Members of both Houses of Parliament should put the national interest first and let the Prime Minister get on with the job of getting the best deal for Britain?
Mr Davis
My hon. Friend has absolutely nailed the flaw in the case of the hon. and learned Member for Holborn and St Pancras. Their case is to say, “We only want you to tell us a little bit, and a little bit more, and a little bit more.” Eventually, the whole thing will be in the open and no negotiation will be possible. She is exactly right.
Owen Smith (Pontypridd) (Lab)
The country will have noted that seven times now the Secretary of State has refused to comment on, or certainly to condemn, the statement on “Question Time” by his colleague on the Front Bench, the Secretary of State for Communities and Local Government, the right hon. Member for Bromsgrove (Sajid Javid), that clearly impugned the integrity and impartiality of the High Court judges. I do not anticipate that he will do that, so will he instead condemn the comments by another politician who has urged people to march on the Supreme Court in order to intimidate it? Will he use this opportunity to ask the country not to do that?
Mr Davis
Well, actually, I think in both cases the hon. Gentleman has misquoted the individuals. I will say two things about a recommendation to march. The right to demonstrate is another of our freedoms. One of the great things about our Supreme Court—indeed, all our courts—is that it would not matter how many people marched. It would not move its judgments by one comma and we should be proud of that.
Lucy Frazer (South East Cambridgeshire) (Con)
The hon. and learned Member for Holborn and St Pancras (Keir Starmer) suggested that the Government should abandon their appeal. Does the Secretary of State think that that would be sensible given that the Northern Irish court, albeit looking at a slightly different question, accepted the logic of the argument that article 50 does not of itself change individual rights, which was at the heart of the divisional court’s decision?
Mr Davis
My hon. and learned Friend makes an important point that lies at the heart of the argument. She is quite right. The plaintiffs in the Northern Ireland case may appeal, but that case is not the same as this one, although it does have a relationship with it. It is therefore very important that if that appeal is allowed and expedited—even if it is not expedited—the cases are heard properly and together.
Carol Monaghan (Glasgow North West) (SNP)
My hon. Friend the Member for North East Fife (Stephen Gethins) mentioned the Secretary of State’s Parliamentary Control of the Executive Bill. Does the right hon. Gentleman still agree with the content of that Bill?
James Duddridge (Rochford and Southend East) (Con)
My right hon. Friend has come under quite a degree of criticism for not being more revealing and transparent about the Government’s position. In fact, he is told that he is holding his cards close to his chest. I think that this warrants greater investigation. Will my right hon. Friend agree to meeting me and cross-party group of Members in the Department for a game of poker? They can put their cards on the table; we can keep our cards to our chests—and the money can go to Southend charities!
Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)
My constituent Christopher voted to leave the European Union, but he told me:
“I did not vote to suspend the rule of law, nor to forgo the protection of Parliament as a bulwark against tyranny.”
Does the Secretary of State accept that people on both sides of the Brexit debate are appalled by the Government’s approach so far? Will he just get on and accept the judgment that was made last week?
Mr Davis
I do not know what the hon. Lady thinks she is talking about. First, we made our case in court. We are going to appeal, as is entirely proper in an important constitutional case such as this, and we will respect the outcome of that appeal. In what respect is that somehow suspending the rule of law?
Oliver Dowden (Hertsmere) (Con)
The High Court’s position is very straightforward: parliamentary consent is required to invoke article 50. Does my right hon. Friend agree that our response should be equally straightforward: give that consent without haste and without any conditions that seek to fetter the Prime Minister’s negotiating position?
Mr David Winnick (Walsall North) (Lab)
I accept that Labour Members’ criticism of the procedure adopted by the Government is fully justified, but given some of the comments made by Government Members, let me make it absolutely clear that although I was on the remain side in the referendum, I accept the electorate’s decision without qualification. There can be no question but that, whatever the procedure, article 50 must be invoked. The British people made the decision by a majority—it does not matter that it was a narrow majority—so we should accept it. That is democracy.
William Wragg (Hazel Grove) (Con)
The judges are not enemies of the people, but the enemies of democracy would be Members of this House who sought to frustrate the triggering, or adulterate the substance, of article 50. Will my right hon. Friend assure me that he will not allow those still oscillating among the five stages of grief to derail our leaving the EU?
Geraint Davies (Swansea West) (Lab/Co-op)
Does the right hon. Gentleman accept that we have negotiating power only prior to triggering article 50 and that, after that, the 27 remaining EU member states are free to determine our fate and to say, “Like it or lump it”? Would it not therefore be right to delay the triggering of article 50 until we have a clear idea of what that means for costs, the economy and migration, so that the British people can then judge in another referendum whether the exit package represents a fair reflection of what they voted for in principle and whether they want to leave on those terms, with a default position of staying in the EU?
Mr Davis
I will make two points to the hon. Gentleman. First, under the mechanisms of the European treaty, the only point at which negotiations can formally start is when article 50 is triggered. Secondly, the notion that a two-year timetable is somehow problematic is true only if countries are unprepared when they go into the process. Ultimately, there will be costs on both sides if we do not get a deal and, as a result, I would expect everyone to behave rationally and get that deal.
Suella Fernandes (Fareham) (Con)
Delivering his judgment, the Lord Chief Justice said
“the court…is…dealing with a pure question of law. Nothing we say has any bearing on the question of the merits or demerits of a withdrawal by the United Kingdom from the European Union; nor does it have any bearing on government policy, because government policy is not law.”
Will my right hon. Friend confirm that Government policy is indeed to trigger article 50 before the end of March, to leave the European Union and to enact the great repeal Bill, and that the commitment of the Prime Minister and the Government is undiminished, regardless of the hearing in the Supreme Court?
Nick Smith (Blaenau Gwent) (Lab)
Why does the Secretary of State think his Conservative friend, the now resigned Member for Sleaford and North Hykeham, believed that Ministers had ignored Parliament since the Brexit vote?
Craig Mackinlay (South Thanet) (Con)
My understanding of parliamentary sovereignty is that it is a mixture of the will of this House, the views of the other place and the Crown in Parliament as exercised by the Government. Does my right hon. Friend agree that article 50 should be triggered and implemented as intended because the instruction has been given by the ultimate holders of sovereignty in this country—the British people?
Wes Streeting (Ilford North) (Lab)
A majority of voters and a majority of constituencies voted to leave the European Union, so of course Parliament will trigger article 50, but does the Secretary of State understand the difference between revealing his hand in negotiation and telling us what his opening position would be? In the past week we have seen the resignation of a Conservative MP because of the way in which the Government are handling their position and the Chairman of the Treasury Committee urging the Secretary of State to come clean about issues such as the customs union. If the Secretary of State did read the Financial Times, perhaps he would understand that his dithering and delay, and the lack of clear direction, are costing jobs and inward investment, and affecting the pound in people’s pockets today.
David T. C. Davies (Monmouth) (Con)
Having had to report to the police disgraceful death threats that were made to me over the last few weeks, may I ask whether the Secretary of State agrees that we must all condemn all forms of hate crime on both sides of the political argument, and that it is utterly wrong to try to suggest that people who voted for the independence of Great Britain are in some way responsible for the unrepresentative actions of a tiny minority?
Robert Flello (Stoke-on-Trent South) (Lab)
Three quarters of my constituents and the majority of this country have said that they want to exit. I agree that we must get on with it—unequivocally, for the benefit of the hon. Member for Monmouth (David T. C. Davies). Why, however, are we waiting for a decision that may well go against the Government? By all means let the Secretary of State pursue the case in court if he must, but let him bring a Bill to the House and let us vote on it. Let us vote to trigger article 50 at the right time, as the Government have set out, and let us pursue exit from the European Union. Why does he not just do it?
Mr Speaker
Order. I am not sure that the right hon. Member for New Forest West (Sir Desmond Swayne) yelling “Answer” from a sedentary position quite constitutes the sort of knightly behaviour that we have come to expect of him.
Richard Drax (South Dorset) (Con)
If the courts have banged their metaphorical gavel on our prerogative powers, does my right hon. Friend share my concern that they may do so again regarding, for example, a decision to go to war?
Martin Docherty-Hughes (West Dunbartonshire) (SNP)
I am sure that the Secretary of State will be glad to hear that I am delighted with the outcome of the referendum—the industrial working-class of West Dunbartonshire and the entire nation of Scotland voted to remain—but my constituents share a concern already brought to the Floor of the House by me and the hon. Member for Foyle (Mark Durkan) about our relationship with our closest neighbour and our border with the sovereign nation of Ireland. This concerns the Ireland Act 1949, and I have had no answer from the Secretary of State. The Government talk about the common travel area, but there is no answer to this question yet. Will the Secretary of State say now on the Floor of the House that there will be no change to the rights of Irish citizens as dictated by the Ireland Act 1949?
Mr Davis
That is a very specific question; forgive me if I have not answered it before. I will write to the hon. Gentleman, but I think the answer is that there will be no change. The aim, as I have said to him before, is that common travel area rights both ways—including the rights to vote, to work and so on—will continue, but I will write to him about the detail.
Robert Jenrick (Newark) (Con)
If the Government do bring forward a Bill to trigger article 50 and any Member tries to amend it in any material way that binds the hands of the Prime Minister, does the Secretary of State agree that the British public would lose out? They would get a worse deal on our exit, so nobody who truly believes in our national interest would do that?
Mrs Madeleine Moon (Bridgend) (Lab)
Does the Secretary of State accept that people voted to leave or to remain for all sorts of reasons? When they read that question on the ballot paper, however, very few of them wanted to vote to reduce the power of the judiciary to hold the overweening power of the Executive to account. Very few of them voted to reduce parliamentary democracy and the right of Parliament to discuss Government policy. Is it not therefore right that the Government come back to this House and seek authority to trigger article 50?
Charlie Elphicke (Dover) (Con)
Does the Secretary of State agree that it is extraordinary to see Labour Members saying that Parliament should decide on article 50 and all matters Brexit when just a few short weeks ago they piled in to defeat a Bill that I brought to this House that would have provided for exactly that? Is that not double standards and doublespeak from Labour Members, including the shadow Secretary of State on this morning’s “Today” programme? Is it any wonder that the people of Britain think that Labour Members are seeking to subvert the will of the British people and to defeat the mandate of the masses, and that they have lost touch with the hard-working classes of modern Britain?
John Glen (Salisbury) (Con)
Will the Secretary of State explain how any Prime Minister could be expected to negotiate effectively for the best outcome for this nation if the other side knows her objectives, aims, plans and goals before she sits down at the negotiating table?
Bill Esterson (Sefton Central) (Lab)
I presume that one of the reasons the Secretary of State used to believe in publishing a White Paper was that he wanted to ensure that business had confidence in the economy of this country. He will know that in the past week both the Japanese and Indian chambers of commerce have expressed grave concern about the current uncertainty and the situation’s impact on the confidence of international investors. Why does he not go ahead with publishing his White Paper and set out a plan so that international investors can have the confidence they need to continue investing in this country?
James Cartlidge (South Suffolk) (Con)
After all the questions that we have heard, I am slightly surprised that my right hon. Friend still wants to go ahead with his appeal. It must be blindingly obvious to him that a short Bill committing us to invoking article 50 would receive a huge majority on Second Reading. Will he reflect on the powerful statement that that would send to our EU partners and to those in the other place, if it happened?
Mr Davis
I note that my hon. Friend adds the condition “if it happened”. There are issues here that are political, constitutional and legal, and we need to resolve all of them. The best way to do that is to take this case to its full course, and that is what we will do. The Supreme Court of the United Kingdom will make the decision.
Margaret Ferrier (Rutherglen and Hamilton West) (SNP)
Yesterday my party colleague Mike Russell MSP spoke of how the Scottish National party has a triple mandate to protect Scotland’s place in Europe: from our manifesto commitment at the 2016 Holyrood election; from the 62% who voted to remain; and from the Scottish Parliament’s vote to protect our place in Europe. We in the SNP are fully committed to safeguarding Scotland’s place in Europe. Does the Secretary of State accept our overwhelming mandate, or is he willing to disregard the democratic will of the people of Scotland?
Mr Davis
The decision in the referendum was taken at the United Kingdom level. If, in the Scottish independence referendum, the hon. Lady’s side had had a majority but, say, half of Scotland had voted against, would she have said that that had invalidated the referendum result? I do not think so. I do not think that any smaller group than the whole of the United Kingdom can invalidate or veto the referendum.
Mr Julian Brazier (Canterbury) (Con)
I echo the view expressed by my hon. Friend the Member for South Dorset (Richard Drax) about the possible implications of this judgment for areas such as defence. Does the Secretary of State agree that while the independence of the judiciary is indeed a crucial pillar of our independent constitution, it is only one of a number of them? Does he also agree that for the judiciary to interfere between Parliament and the Executive would break frightening new ground?
Mr Davis
Well, no. As I have said, we are taking this case to the Supreme Court for a reason. We are a Government who operate under the law. My hon. Friend has a point in that there has been a degree of judicial activism in modern times, but I do not think that this case is susceptible to that analysis.
Marcus Fysh (Yeovil) (Con)
Does my right hon. Friend agree that the interests of the people depend on the Prime Minister and her balanced Cabinet having the maximum flexibility and authority to negotiate and conclude new arrangements with the EU as soon as possible, and that a second referendum would guarantee a bad deal, lost jobs and further divisions in our society?
Alan Brown (Kilmarnock and Loudoun) (SNP)
The Secretary of State obviously does not challenge his speechwriter much, because nothing changes from statement to statement. The High Court has just made a judgment on something that, at one time, he was fully in agreement with. So, for the third time of asking, will he tell us why he now disagrees with the Bill that he tried to bring forward? It was not about going to war; it was about the Crown prerogative not being exercised without the assent of the House.
Mr Speaker
Order. Just before the Secretary of State responds—which I am disinclined to facilitate him doing—I must just say that although I appreciate that repetition is a common phenomenon in politics and not in itself to be deprecated, there is a bit of a tendency on the Scottish National party’s Benches to keep asking him about matters for which he is no longer responsible. The questioning is to the Secretary of State in his capacity as Secretary of State for Exiting the European Union, not in his capacity as someone who previously expressed views from the Back Benches or elsewhere in an earlier incarnation.
Michael Tomlinson (Mid Dorset and North Poole) (Con)
The independence of the judiciary must be supported and upheld and—I do not say “but”; I say “and”—the Court itself recognised that the case had both political and legal aspects, and that they must be assessed elsewhere, namely in this place. Will the Secretary of State therefore reassure my constituents that he will respect the will of the people and lead us out of the EU?
Wendy Morton (Aldridge-Brownhills) (Con)
For a moment I thought I was going to be the last contributor, Mr Speaker. May I bring us back to the fact that on 23 June we had a single vote on a single political question? People across the country made their view clear. Does my right hon. Friend agree that it was a direct decision to leave the EU? Therefore, we in this place should be doing all that we can to ensure that article 50 is triggered as soon as possible, and that the Prime Minister is able to negotiate the best possible deal for our country.
Tom Pursglove (Corby) (Con)
You left it a long time to put me out of my misery, Mr Speaker. I am struggling somewhat, because we hear from Opposition Members and some in the country that, on the one hand, we need certainty for businesses—I agree with that and so do Ministers—and then, on the other hand, that they want to drag the whole process out with talk of next summer for invoking article 50. Has my right hon. Friend got on any better than I in understanding and deciphering exactly where they are coming from?
Mr Davis
Listening to my hon. Friend’s question, I am reminded of the biblical comment that the first should be last and the last should be first. He asks a first-class question. He is right that it is impossible to work out what they are trying to do unless one assumes that they are trying to foil the interests of the British people.
Oral Answers to Questions
David Davis Excerpts(7 years, 6 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Stephen Hammond (Wimbledon) (Con)
The Secretary of State for Exiting the European Union (Mr David Davis)
The Chancellor and I are both determined to ensure we get the best possible deal for our financial services sector—a crucial part of our economy—and not just for the City of London but for the country more widely. Two thirds of financial services jobs are outside the capital, including 150,000 in Scotland. We are determined to ensure that this UK-wide industry continues to thrive. The Chancellor and I have met to discuss this, and, as one would expect, agree that financial services will be of great importance in these negotiations, that we must remain in a position to attract the brightest and the best in the global battle for talent, and that we will seek the best possible terms of trade for our financial services in the European market. We are also working together to maximise opportunities for financial services arising from our exit from the European Union. We have already met representatives of the financial services industry and expect to do so again as we shape our negotiating position.
Mrs Villiers
Will my right hon. Friend make securing agreement on a transitional period for financial services an urgent priority for Brexit negotiations to avoid the risk that firms feel they have to start making decisions to change their businesses now based on a worst-case scenario because compliance obligations mean that they cannot wait to see what the final deal will look like?
Mr Davis
We are seeking to ensure a smooth and orderly exit from the European Union, and it would not be in the interests of either side—Britain or the European Union—to see disruption. To that end, we are examining all possible options, as one would expect. We are approaching these negotiations in good faith and with good will towards our negotiating partners—we hope the same applies in reverse—focused on the mutual interests of the UK and the EU, including financial stability. I would say that having London as the No. 1 global financial centre sitting at the heart of the global capital markets is not just in the UK’s interest but in the European Union’s interest. I am confident that everyone will see the value of not undermining that.
Stephen Hammond
In his answer to my right hon. Friend the Member for Chipping Barnet (Mrs Villiers), the Secretary of State talked about all possible options. Yesterday in the Treasury Committee, I asked the Chancellor whether he accepted the likely need for transitional arrangements. Has my right hon. Friend met regulators to discuss systemic risk, and major financial institutions to discuss loss of business, if those transitional arrangements are not put in place?
Hilary Benn (Leeds Central) (Lab)
We look forward to hearing from the Secretary of State once the new Select Committee has been established. May I press him on transitional arrangements, which are absolutely fundamental to the task in hand? He will be only too well aware that uncertainty about our future trading relationships, including for the financial services industry, is the major concern of business. Can he give the House an assurance that if we have not been able to negotiate a new trade and market access agreement with the European Union by the end of the article 50 process, the Government will seek a transitional arrangement, because if they do not say that now the business uncertainty will continue, and businesses may begin to take decisions because they do not know what the future holds?
Mr Davis
I congratulate the right hon. Gentleman on his new post. I am very pleased that he is the Chairman of the Brexit Committee, and look forward to a great deal of discussion with him on these subjects. He is quite right—we have to treat as absolutely central to what we do maintaining the stability of the City but also of the European financial markets, which have been a little fragile over the past few years. We will therefore do anything necessary. In the financial sector, as in other sectors, at the point of exit from the European Union, all the standards, conventions and regulations will be identical, so the transition should be capable of being managed very clinically. We will do everything necessary to maintain that stability.
Mr Pat McFadden (Wolverhampton South East) (Lab)
Can the Secretary of State confirm, in relation to press reports earlier this week, that the Government may in future pay the European Union, in some form or another, for access for financial services? Is it the Government’s position that under no circumstances will they in future pay for market access for financial services?
Mr Davis
I do not comment on leaks. I am not going to comment on that newspaper report or, indeed, on its veracity or otherwise. On the accountability of Government activity, I said during last week’s debate that I want to be as accountable and open as possible with the House of Commons, but the Labour party accepted enthusiastically the amendment to the motion, which said that we would do nothing to undermine or prejudge our negotiating position, and that is what we will do.
Mr Philip Hollobone (Kettering) (Con)
Rather disgracefully, the Treasury did its best to play a prominent role in the remain campaign, including the release of a highly dodgy dossier predicting economic doom and gloom. Is my right hon. Friend confident that the Treasury has now caught up with the result of the referendum and that it is singing from the same page as his Department?
Mr Davis
I am afraid that I do not agree with my hon. Friend. The simple truth is that the Treasury is looking at all the options, just as we are. Forecasts of the sorts that he described are contingent entirely on the assumptions that are put under them. If a lot of deleterious assumptions are made, they will result in a deleterious outcome. If serious policies are introduced to correct any of the risks and maximise the opportunities, they will result in a very much better outcome, and that is what we will do.
Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)
The Secretary of State has said that he does not want to discuss leaks, but it is important that we get factual information out there. According to the Financial Times, the Government are to spend billions on keeping the City of London in the single market. Will the Secretary of State confirm what steps he is taking to ensure that the people of Scotland get a similar deal?
Mr Davis
As I have said, I do not comment on leaks, but what I will say is this: I said at the beginning that a very large number of financial services jobs are outside London and many of them are concentrated in Scotland. It has been a fundamental part of Scotland’s advantage down the years to have strong financial services, and we will do every bit as much to protect Scotland as we will to protect London.
Stephen Timms (East Ham) (Lab)
Tens of thousands of jobs in Britain depend on euro-denominated clearing. The United States has secured equivalence for its clearing houses. How confident is the Secretary of State that euro-denominated clearing will be permitted in the UK after we have left the European Union?
Mr Davis
The right hon. Gentleman identifies a very important point, as I would expect from him, and that is certainly one of our major aims. I reiterate the point that I made to the new Chairman of the Brexit Committee: we start at the point we leave with absolute equivalence, because we meet all of the requirements at that point, and I would seek to ensure that that was maintained.
Keir Starmer (Holborn and St Pancras) (Lab)
The discussions on financial services are intended, as I understand it, to build consensus on the Government’s plans. Eight days ago, the Government gave a clear commitment from the Dispatch Box that
“there should be a transparent debate on the Government’s plans for leaving the EU”.—[Official Report, 12 October 2016; Vol. 615, c. 414.]
Yesterday I wrote to the Secretary of State to ask a very simple question: when will the plans be made available? That is an important question because we need time to debate and scrutinise the plans before article 50 is invoked, and no doubt the new Brexit Committee will want to see them. The Secretary of State replied promptly to my letter, but failed to answer that central question, so I ask him again: when will the Government plans for leaving the EU be made available to this House?
Mr Davis
I could not have been clearer that I consider engagement with Parliament on the process of exiting the EU to be of paramount importance. That was the whole thrust of my speech in last week’s debate and of everything I said previously to various Select Committees and to the House. That is why I supported the Opposition’s motion last week that
“there should be a full and transparent debate on the Government’s plan for leaving the EU”.
That was the hon. and learned Gentleman’s wording.
It has always been our intention that Parliament should be engaged throughout. However, the House also agreed a vital caveat that such a process must respect
“the decision of the people of the UK when they voted to leave the EU on 23 June and does not undermine the negotiating position of the Government”.
There will be a balance to be struck between transparency and good negotiating practice, and I am confident that we can strike that balance. Over the course of the coming—[Interruption.] Whether it is six months or less, I do not know, but over the course of the coming period before the triggering of article 50, much information will be put out and I think that the House will be in no doubt about our aims and strategic objectives.
Keir Starmer
The question was: when will the plans be made available? For the second time, it has not been answered. The plans are important not only so that this House can hold the Government to account, but so that some certainty can be provided. There has been so much evidence of uncertainty. I met representatives of the Council, Commission and Parliament in Brussels yesterday, and it is absolutely clear that the Prime Minister’s words about Brexit at her party conference have been widely interpreted as an indication that she wants the UK to leave not just the single market, but the customs union. I have no doubt that that will come up in her discussions in Brussels this evening, but will the Secretary of State assure the House that that is not the Government’s starting position for the article 50 negotiations?
Mr Davis
Actually, it is a good example of the reason why we are taking our time to come to a conclusion on this. [Laughter.] No, these matters have serious implications, whichever way we go with them. Being inside the customs union gives some advantages but cuts off, to some extent, free trade areas around the rest of the world. Being outside the customs union creates some handicaps but opens up those other benefits. That decision is not part of what the Prime Minister has said to the European Union.
Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
The Secretary of State for Exiting the European Union (Mr David Davis)
The Government continue to undertake a wide range of analysis covering all parts of the UK to inform the UK’s position for the upcoming negotiation with the European partners. A key part of that understanding is the differences across the UK. The Welsh economy has particular strengths in aerospace, automotive, higher education, electronics, steel and agriculture, for example. It is important that we understand the impacts and the opportunities for all parts of the Welsh economy.
I visited Cardiff on Tuesday this week, when I met the First Minister and the Finance Minister, and I am grateful to them for giving me time on their Budget day. I also met university vice-chancellors in a separate meeting. Wales has a particular reliance on a range of EU funding—more so than much of the rest of the UK—on which the Chancellor has already offered a number of guarantees.
Jonathan Edwards
As the Secretary of State will be aware, the Welsh economy produces a substantial trade surplus of more than £5 billion per annum as a result of our membership of the single market, the customs union and the associated 53 international global trade deals. The UK as a whole, on the other hand, has a massive deficit of nearly £120 billion. Does the Secretary of State acknowledge, therefore, that the Government’s favoured policy of leaving the single market, the customs union and the associated 53 international global trade deals—a hard Brexit—will have a significant effect on Wales?
Mr Nigel Evans (Ribble Valley) (Con)
Many businesses in Wales are wondering how EU directives that have been signed but not yet enacted—some may not be enacted until 2017 or 2018—will impact on them. At what stage will the Government say that directives are no longer applicable in the UK?
Mr Davis
My hon. Friend makes an important point, which goes to the heart of the previous question about maintaining stability and confidence. We have said in terms that the great repeal Act will put into domestic law all the acquis as it exists at the point at which we depart. Everything that is in European law at that point goes into British law.
Nick Smith (Blaenau Gwent) (Lab)
In Blaenau Gwent, the successful dips company Zorba Foods faces a bigger bill for bringing its ingredients into the country. With petrol prices going up, the falling pound is making every step of the journey to the dinner plate much more expensive. What are the Government doing to help businesses that are faced with a steep increase in costs and families who are faced with higher food bills?
Mr Davis
It is not the place of the Government to judge what is the right and wrong exchange rate. The hon. Gentleman is quite right to say that the exchange rate has gone down quite notably, but that gives both advantages and disadvantages. It has already changed, for example, the success of various industries in exports and some other domestic industries. We hope—more than that, we intend—that the balance will work out to everybody’s advantage in the long run.
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
Yesterday, I was delighted to hear the Under-Secretary of State for Wales confirm that the Treasury will underwrite the approximately £110 million that is due to come from the EU regional development fund for the electrification of the valleys lines in Wales if that money has not come through before we exit the European Union. In his discussions with the First Minister, was the Secretary of State able to give him greater clarity about all the funds that come into Wales from the EU? Businesses require that stable background against which to operate.
Mr Davis
My right hon. Friend picks up on a very important point. Wales is more dependent on European funding at the moment than many other parts of the country. One of the set of things the Government have done to protect people from any instability is to underwrite very quickly—the Treasury undertook to do this in August—the existing structural funds. The Welsh Government were cognisant of that and welcomed it, particularly as they—as I said, I visited them on budget day—were able to make their budgets balance. From that point of view, the Government will continue to look at any areas where financial risk is induced as a result of our departure and the possible severance of EU funds as we leave.
Nigel Mills (Amber Valley) (Con)
Nigel Huddleston (Mid Worcestershire) (Con)
The Secretary of State for Exiting the European Union (Mr David Davis)
Since the referendum, the Government have met companies from every sector of the British economy, including tourism, to discuss the risks and opportunities. I believe that as we build an ever more outward-facing, agile economy, with firms trading more widely across the world, there is enormous potential for the UK to be an even better place to do business. We are meeting representatives of business regularly, and the detailed analysis shared with us by many of them is informing the preparations for the negotiations.
On tourism specifically, foreign visitors contribute £22 billion to our economy, and the industry as a whole supports some 1.6 million jobs. A record 3.8 million people visited the UK in July. My right hon. Friend the Culture Secretary has met industry leaders to discuss our exit from the EU, and we debated this matter in Westminster Hall last week. As the Prime Minister has said, we are confident our exit presents opportunities for growth in tourism, and we will work closely with the industry to realise this.
Nigel Mills
Businesses in Amber Valley say that what would help them most in deciding what investment to make in the coming years is some clarity about what our overall trading position with the EU will be. They are nervous that waiting two and a half years for that will not be helpful. When does the Secretary of State think they will be able to understand at least what the big picture will be?
Mr Davis
At the strategic level, businesses should be able to understand that very clearly now. We have some very clear strategic aims: we will respect the views of the British people—I know my hon. Friend campaigned on our side—to bring back control over our laws and bring back control of immigration; we will aim to maintain our consideration of security exactly as it is now; and on the market front, we are seeking the most open possible market with the European Union.
Nigel Huddleston
I thank the Secretary of State for his comments about engaging with the tourism industry. As he said, we are achieving record visitor numbers and record spend. To sustain this growth, should we investigate marketing the UK even more aggressively overseas, taking advantage of the weak pound, with increased budgets for VisitBritain, for example?
Mr Davis
I congratulate my hon. Friend on the excellent debate he held last week, and indeed on his excellent speech on this subject. He is right that the industry continues to thrive, with 3.8 million people visiting the UK. I am quite certain—I am sure he will look at Hansard later—that my right hon. Friend the Secretary of State for International Trade will take up his point about promoting Britain abroad as a place to visit.
Mr Ben Bradshaw (Exeter) (Lab)
Does the Secretary of State agree with the International Trade Secretary that we should leave the European customs union, or with the Business Secretary and the Chancellor that we should not do so?
Emma Reynolds (Wolverhampton North East) (Lab)
The Secretary of State talks about a smooth transition, but the truth is that businesses are concerned we will have to fall back on WTO rules. Our European partners have so far refused to say that they will enter trade talks alongside our article 50 negotiations. What will the Government and the Secretary of State do to avoid the cliff edge in March 2019, when we leave the EU, of our falling out of the EU single market and back on WTO rules?
Mr Davis
The hon. Lady says that our European partners have said that. Some of them have said it, but that was some time ago, and they are now starting to read what article 50 actually says. Article 50 implies that there will be parallel negotiations. That is what we will have because, as she quite rightly says, we need to conclude them within two years to avoid any cliff edge.
Lucy Frazer (South East Cambridgeshire) (Con)
Mr Davis
My hon. and learned Friend might remember that I said in my conference speech that to take part in the global competitive economy we have to win the global battle for talent, too. My task is to bring back to the UK the right to decide who can come to Britain; the Government’s task will be to exercise that right in the national interest. Clearly, it will not be in the national interest to restrict the movement of talent—the free movement of brainpower, as it were—so she can be confident that we will not be limiting highly intelligent, highly capable people’s access to universities.
Stephen Gethins (North East Fife) (SNP)
Will the Secretary of State tell us what assessment his or any other Department has made of the impact of leaving the EU on the economy, and when he will make that available to this House?
Mr Davis
We currently have in place an assessment of 51 sectors of the economy. We are looking at those one by one, but the aim at the end is that this will inform the negotiating approach so that no one gets hurt. Given the hon. Gentleman’s context, I should mention that we are also doing that assessment in a way that will throw up whether something has an impact on the individual nations of the United Kingdom, as well as on the UK as a whole.
Stephen Gethins
I obviously welcome that new information from the Secretary of State, but the Fraser of Allander Institute has already told us that this will cost up to 80,000 jobs in Scotland alone. The CBI, the British Chambers of Commerce and the Institute of Directors have warned about the impact of limiting freedom of movement. They have done their homework, Secretary of State. You did not do your homework during the Vote Leave campaign, when you had a blank piece of paper to campaign on. If the Secretary of State is going to Scotland, he will need to do better than that. When will that assessment be published?
Mr Speaker
I have always done my homework, and I strongly resent any suggestion to the contrary.
Mr Davis
I venture to suggest that if you did your homework, Mr Speaker, you would not have it marked by the hon. Gentleman.
I have not seen the Fraser of Allander report, so would be grateful if the hon. Gentleman directed me to it. One thing about these reports is that they all base themselves on single assumptions. We need to look at those assumptions to see whether they are realistic, and that is what we will do. There have been a large number of forecasts of the effect of Brexit. Some are very pessimistic about certain aspects of policy that we do not intend to allow to happen. I will look at that particular report carefully and talk to him about it after I have done so.
Matthew Pennycook (Greenwich and Woolwich) (Lab)
The US Chamber of Commerce, which represents companies with investments in the UK worth almost $600 billion, warned our ambassador in Washington last week that to retain and attract those investments in the years ahead we will require access to the single market. Will the Secretary of State tell the House whether he accepts the figure I have given and, if he does not, how much US business investment he thinks will be at risk if this Government do not secure access to the single market?
Mr Davis
One reason—although only one—why we are seeking to maintain the most open and barrier-free access possible to the European market is to encourage foreign direct investment. We have had discussions with a number of countries, including the US; indeed I met a US congressional delegation that came here whose members were very enthusiastic about Brexit. There are many views about this.
Wayne David (Caerphilly) (Lab)
Ms Margaret Ritchie (South Down) (SDLP)
The Secretary of State for Exiting the European Union (Mr David Davis)
The Prime Minister is clear that we want the most open and free access possible. All countries have access to the single market; the question is on what terms and to what extent. We are seeking a bespoke outcome on terms of trading with and operating within the European market. As one of the world’s largest economies, we are confident that we will negotiate the right deal for England, Scotland, Wales and Northern Ireland. We are acutely aware of the significant trading links between Ireland and Northern Ireland, and we are determined to ensure a smooth transition. Disruption is in no one’s interest.
Ms Ritchie
The Secretary of State’s answer suggests that nothing has yet been set in stone. With that in mind and given the importance of membership of the single market to the all-Ireland economy, will the Secretary of State commit to exploring ways in which Northern Ireland can remain in the single market, because of its importance to our business, in the eventuality that Britain leaves?
Mr Davis
What I will commit myself to—I have already committed to this—is extensive work to ensure that we keep an open border between the north and the south, maintain the common travel area, and maintain the most effective open market that we can achieve. Within that, I do not intend to specify any particular outcome at this point.
Mr Steve Baker (Wycombe) (Con)
The remain campaign was perfectly clear that we have to leave the single market. [Hon. Members: “Do you mean the leave campaign?”] No, I mean the remain campaign. Are not the really important questions whether the French wish to sell us wine without tariffs, whether the Germans wish to sell us cars without tariffs, and whether the whole of Europe wishes to continue its current level of access to the City?
Mr Davis
My hon. Friend makes a very important point. When the Prime Minister is at the European Council tonight and tomorrow, she will reiterate what we have said many times already: we want an outcome that is successful for both the United Kingdom and the European Union. As my hon. Friend suggests, if the UK and the EU do not achieve an open, free and barrier-free trading relationship, it will be harmful to many European countries and harmful to European financial stability, and no one wants that.
Helen Goodman (Bishop Auckland) (Lab)
Were we to leave the customs union, the businesses exporting 44% of our exports to the EU would face extra costs for compliance with the rules of origin, which the OECD estimates at 25%. Does the Secretary of State not agree that membership of the customs union is even more important than membership of the single market?
Mr Davis
As I said earlier, these matters are assessed very carefully, but perhaps the hon. Lady should look at various other countries around the European Union, although they are all smaller than us, so they are not really good models. There is Turkey, which is inside the customs union and outside the single market; there is Norway, which is inside the single market and outside the customs union—actually it manages to trade with Sweden very easily—and there is Switzerland, which is outside both the customs union and the single market. What we are looking for is the best balance to achieve the best outcome.
Mr Peter Bone (Wellingborough) (Con)
Obviously the Minister cannot speculate on how the negotiations will go, but the one thing we do know is that we have already had a Brexit dividend. With the pound falling by 15.2% against the euro, our exports are so much cheaper and our imports are so much more expensive that more jobs will come into this country and more goods will be produced here, which is a very good thing.
Mr Davis
It is not for this Minister, at any rate, to comment on what is the appropriate or right level of the pound. However, as my hon. Friend says, this has its disadvantages in terms of the effect on inflation, but some serious advantages in terms of our trading capability, and those are much bigger even than the tariffs that people talk about.
Several hon. Members rose—
Margaret Ferrier
Mr Davis
What I can undertake to do is to ensure that we secure the freest and most open possible trading arrangement with Europe. That is what matters, not titles such as “single market”, “hard Brexit” or “soft Brexit”—all those amazing terms that people come up with. We want the maximum possible access, which will encourage job growth, wealth growth and revenue growth in this country.
Philip Davies (Shipley) (Con)
Membership of the single market means accepting EU laws, having to accept rulings from the European Court of Justice, probably still making contributions to the EU budget, and accepting free movement of people, all of which flies in the face of what the British people voted for in the referendum. Is not the only question of principle that is at stake the question of whether the EU wants to continue its tariff-free trade with the UK or if it wants to commit economic suicide?
Neil Parish (Tiverton and Honiton) (Con)
Angela Smith (Penistone and Stocksbridge) (Lab)
The Secretary of State for Exiting the European Union (Mr David Davis)
A large component of the people who voted to leave the EU could be characterised as the British industrial working class. It is no part of my brief to undermine their rights—full stop. As a Government, we have been clear that we will do nothing to undermine workers’ rights. All law in this area at the time of exit will be brought under UK law as part of the great repeal Bill, ensuring continuity.
Angela Smith
The 2000 part-time workers regulations implemented the EU directive that guarantees that the rights of part-time workers are equal with those of their full-time colleagues. Will the Secretary of State guarantee that those rights will not be removed or diluted in any way when the UK leaves the EU?
Mark Durkan (Foyle) (SDLP)
On that point, employment law is a devolved matter in Northern Ireland, so under the great repeal Bill will that competence be automatically devolved, or will it be held in some sort of holding room here before it is devolved?
Tommy Sheppard (Edinburgh East) (SNP)
David T. C. Davies (Monmouth) (Con)
The Secretary of State for Exiting the European Union (Mr David Davis)
The Prime Minister has made it clear that she will trigger article 50 by the end of March 2017. It is in everyone’s interests that we take time to establish a UK approach and clear objectives for negotiations. Equally the Prime Minister has been clear that there will be no unnecessary delay. We have also been clear that we will trigger when the time is right for Britain and we will certainly, where possible, give people and businesses in Britain and other European countries the time to consider for themselves what the outcome will amount to. That is what we are doing.
David T. C. Davies
Does my right hon. Friend agree that this Government are absolutely right to deliver the Brexit that 17.2 million people voted for, and to do it in a responsible fashion that allows it to deliver the great deal for Britain that we know it is going to deliver?
Sir William Cash (Stone) (Con)
Is my right hon. Friend aware that in the last 24 hours the House of Lords has reported that there should be a vote in this House
“to debate and approve the negotiating guidelines, at least in outline”?
Does he accept that Parliament as a whole, including the House of Lords, has to not only respect, but also accept, the verdict of the British people and furthermore that it is for this elected House to determine its own procedures, standing orders and votes?
Anna Soubry (Broxtowe) (Con)
As my right hon. Friend will know, a very important court case has been heard in the High Court in the last week. What plans has he drawn up, including legislation, in the event that he loses that case and that therefore it will be this place, including the House of Lords, that will trigger article 50, not the Government using the royal prerogative?
James Berry (Kingston and Surbiton) (Con)
The Secretary of State for Exiting the European Union (Mr David Davis)
Last week I updated the House on our progress towards leaving the EU. I have been clear that the Government’s overarching aims are bringing back control of our laws to Parliament, bringing back control of decisions over immigration to the UK, maintaining the strong security co-operation we have with the EU, and establishing the freest possible market in goods and services with the EU and the rest of the world.
The great repeal Bill will end the primacy of EU law. It will minimise uncertainty and return sovereignty to the institutions of the United Kingdom, because that is what the referendum was all about—taking control.
We will work to ensure the UK’s exit from the EU serves the interests of the whole country, from citizens to businesses. We will reap the opportunities exit provides all over the world and deliver an orderly and smooth transition, but I have been clear, as has the Prime Minister, that we will not be providing a running commentary on the negotiations; that would not be in our interests. Parliament will however be fully and properly engaged, as will the devolved Administrations.
We want to build a national consensus around our position and discuss our options with a range of stakeholders. Last week, I committed to a series of debates so that the House can air its views and we look forward to engaging with the new Select Committee. I congratulate again the right hon. Member for Leeds Central (Hilary Benn) on his election as Chair of that Committee.
James Berry
From the Mill bakery next door to my constituency office to the wards of Kingston hospital, thousands of EU citizens work and live in Kingston, and they are very welcome. What process does my right hon. Friend have in mind for ensuring their rights are protected post-Brexit, as well as the rights of British ex-pats living in the EU, something that none of the 27 Heads of State is yet to guarantee?
Mr Davis
As the Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Worcester (Mr Walker) has made clear already, we want to be able to guarantee the rights of all those European migrants in the UK. Many of them are already in the position of having indefinite leave to remain, or will have by the time we leave in two and a half years’ time or thereabouts, so we are talking about a small fraction of those people, but nevertheless we take this incredibly seriously and we will seek to get the agreement with the other European countries that we will uphold their rights and British citizens’ rights abroad as soon as possible.
Jenny Chapman (Darlington) (Lab)
I don’t know about you, Mr Speaker, but the British people have had enough of being misled over these issues. Will the Secretary of State tell the House and the country whether his plan—as it evolves—will involve this country agreeing to continue to make payments to the European Union after we have left it?
Jenny Chapman
I look forward to being able to ask the Secretary of State a question with a straight face in anticipation of getting a straight answer. Could he perhaps try to tell the House and the country how much he estimates will need to be spent on settling legacy commitments prior to the completion of Brexit? The Financial Times estimates—this is not a leak; it is an analysis—that our historical liabilities could cost up to £20 billion.
Mr Davis
I have no trouble keeping a straight face when dealing with the Opposition. I am afraid that, from time to time, they do things that are seriously not in the country’s interests. Let me quote a rather more authoritative source than the Financial Times. The European Commission has guidelines on how it handles negotiations and what it puts in the public domain beforehand. It states:
“The negotiations and their texts are not themselves public. This is entirely normal for trade negotiations, not just those involving the EU. There are several reasons for this. A certain level of confidentiality is necessary to protect EU interests and to keep chances for a satisfactory outcome high. When entering into a game, no-one starts by revealing his entire strategy to his counterpart from the outset: this is also the case for the EU.”
The Opposition are trying to put us in a disadvantaged position with the European Union, and that is not in the national interest.
Sir Desmond Swayne (New Forest West) (Con)
Tulip Siddiq (Hampstead and Kilburn) (Lab)
Mr David Davis
Most EU funds will be guaranteed post-departure by the Treasury, as we said in August. After that, the decision will be one for the British people, the British Parliament, the British Government and the relevant Department. I am sure that they will take on board what the hon. Lady has said.
Alison McGovern (Wirral South) (Lab)
Given the Secretary of State’s answer to Question 1 on financial services, I am sure he is well aware that Merrill Lynch has 1,000 staff in Chester and that Santander has more than 1,000 staff in Bootle. However, he has staff only in London and Brussels. Will he therefore commit to base staff from his Department in every region of England so that businesses can share their views directly with them?
Mr David Davis
This is not about the allocation of staff. If I put one staff member in every region, only one will be left in Whitehall. The simple truth is that we have been around from Belfast to Blackburn to the port of Tilbury and many other places in the UK and will continue to do so throughout the process, both up until the point at which we trigger article 50 and thereafter.
Mrs Maria Miller (Basingstoke) (Con)
Mr Davis
I reiterate that my Department’s task is to bring decisions back to the United Kingdom so that the British Government and the British Parliament can make them in the interests of the United Kingdom. My right hon. Friend can be absolutely sure that those interests will not be interpreted into somehow denying staff to the NHS—just the reverse.
Alan Brown (Kilmarnock and Loudoun) (SNP)
The Secretary of State said yet again that there will be no running commentary on the negotiations. Yesterday, the Chancellor announced plans to protect financial services workers over other EU nationals. Did the Secretary of State agree that strategy with the Chancellor or is it just proof that the Government do not have a clue what they are doing?
Several hon. Members rose—
Jeremy Lefroy (Stafford) (Con)
I am, Sir. Will the Secretary of State reassure many factories in the west midlands and my constituency that the smooth, tariff and hassle-free operation of supply chains is of the utmost importance to him?
Nick Thomas-Symonds (Torfaen) (Lab)
In a written answer to me yesterday, the Secretary of State for Wales talked about the full engagement of the devolved Administrations in Brexit negotiations. The best way to protect Wales’s interests would be to put the First Minister in the Government’s negotiating team. What good reason is there not to do so?
Mark Pawsey (Rugby) (Con)
Companies in the supply chain to the motor industry, such as Automotive Insulations in my constituency, have benefited from multinational investment in the sector in recent years. What recent discussions have taken place to reassure the sector that the UK is a great place in which to invest?
Kirsty Blackman (Aberdeen North) (SNP)
People in Scotland are scared about being left on a relatively small island without the protection of the EU and with perpetual Tory Governments in charge of employment law. Will this Government commit to fully devolving employment law so that we can better protect our workers?
Mr Davis
I have to say that it was this Minister who gave the commitment that we would not undermine or in any way reduce the protection available to British workers’ employment rights in all the nations of the United Kingdom. Tomorrow, I am meeting Mike Russell, the Scottish National party’s representative, in Glasgow to discuss this sort of thing.
Fiona Bruce (Congleton) (Con)
Will Ministers reassure farmers in my constituency that in reviewing agricultural and environmental regulations they will have at the forefront of their minds the need for our farmers to produce the high-quality food that they do in a profitable way, just as any other business does?
Mr Adrian Bailey (West Bromwich West) (Lab/Co-op)
Both Nissan and Jaguar Land Rover have made it clear that access to the single market is crucial to their future investment decisions in this country. What discussions has the Minister had with those companies to give them reassurance that access to the single market is the Government’s highest priority?
Mr David Davis
More important than me, the Prime Minister had a meeting with Nissan only this week, and the communiqué that came out after it was extremely positive on both sides.
Martin Vickers (Cleethorpes) (Con)
Brexit has been widely welcomed by leaders of the fishing industry in the Grimsby-Cleethorpes area. The industry was badly let down in the original negotiations in the 1970s. Can my right hon. Friend assure me that that will not be the case on this occasion?