EU: Future Relationship White Paper

David Jones Excerpts

Thursday 12th July 2018 Commons Chamber

[Dominic Raab]

Let me reassure the hon. Gentleman. As set out in my earlier remarks, and indeed in the White Paper, we are striving, in good faith and with good will, with some innovation and principle, but also with a practical approach, to get the best deal for the UK, but one that is also likely to be acceptable and achievable with our EU partners and friends. We are preparing for every eventuality, but I can reassure him that, as I have always said, the optimum outcome will be to deliver a deal that is good for this country and good for the EU.

[Mr David Jones (Clwyd West) (Con)]

I, too, congratulate my right hon. Friend on his well-deserved appointment. I am sure that he will understand that I have not yet had the opportunity to read the White Paper in the degree of detail that I would have liked. Nevertheless, I see from page 11 that the role of the European Court of Justice is preserved through a joint reference procedure as the interpreter of EU rules. Can he say how that is compatible with the removal of the United Kingdom from the jurisdiction of the ECJ? As a practical matter, what right of audience would British advocates have, given that the UK will no longer be a member of the European Union?

[Dominic Raab]

I thank my right hon. Friend. In relation to the ECJ, there is provision for reference where that is necessary for the consistent interpretation of the law. That could only be done through the joint committee to which he refers agreeing, so the UK would have a veto over that—it would have to be with UK agreement. It could also be done by an arbitration panel, but—he will know this—what makes international arbitration different from accepting ECJ jurisdiction is that we would have arbitrators on those panels, so it would be done with their agreement as well. This is not the same as having jurisdiction over disputes; it is making sure, where it is in the UK’s interests—and it will be—that there is consistent application of the common rules that we want to work effectively.

Oral Answers to Questions

David Jones Excerpts

Thursday 14th June 2018 Commons Chamber

[Suella Braverman]

I think that the hon. Lady’s interpretation is incorrect. The Government are making—[Interruption.] Let us look at the progress the Government have made. We have agreed an implementation period. Led by the Prime Minister, we secured agreement in December on EU citizens, and we are now in the phase of talking about the exciting future relationship with the European Union. I am looking forward to the opportunities and success that will be led by this Government, not the predictions of failure.

[Mr David Jones (Clwyd West) (Con)]

10. What preparations his Department is making for withdrawal from the EU without a deal.

[The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Steve Baker)]

It is in everyone’s interests to secure a good deal for both sides and we are increasingly confident that that can be achieved. As my right hon. Friend will be aware, we continue to implement plans for all scenarios. Some delivery has already become evident; more will become public over the coming weeks and months. As an example, I congratulate my colleagues in the Department for Business, Energy and Industrial Strategy, who have made progress on our preparations for exiting Euratom. The Nuclear Safeguards Bill has completed its passage through Parliament, and international agreements have been signed with the International Atomic Energy Agency and the USA, helping to ensure continuity as we leave Euratom.

[Mr Jones]

I am pleased to hear that prudent preparation is being made for leaving without a deal. Does my hon. Friend accept, however, that to provide reassurance to business and the wider public—not to mention to inform our interlocutors in Brussels—the nature and extent of that preparation should be more widely communicated?

[Mr Baker]

I hear my right hon. Friend’s case and I agree that it is prudent for all Departments to prepare for all possible outcomes. We will continue to engage with business to reduce uncertainty wherever we can. Over the next few weeks and months, our preparations for what is an unwanted contingency will become increasingly visible to him and the country.

Oral Answers to Questions

David Jones Excerpts

Thursday 3rd May 2018 Commons Chamber

[Mr Davis]

There are two models. The streamline model essentially uses conventional techniques used around the rest of the world, including electronic pre-notification, the use of authorised economic operators and a whole series of other technical mechanisms. The alternative proposal—the new customs partnership—is a brand-new idea; it has never been tested anywhere in the world and involves, essentially, charging the common external tariff when goods enter the country and then rebating that. Both approaches have merits and virtues, and both have some drawbacks, and that is why we are taking our time over this discussion.

[Mr David Jones (Clwyd West) (Con)]

Given that membership of the European Union necessarily means being in the single market and the customs union under the jurisdiction of the European Court of Justice, does my right hon. Friend agree that, to keep faith with the British people, this Parliament has a positive duty to ensure that upon withdrawal we cease to be subject to all those arrangements?

[Mr Davis]

My right hon. Friend is correct: what we are doing, after all, is carrying out the judgment of the referendum, which was to take back control of borders, laws and money. During the referendum, both sides made it very plain that real removal from the EU means real removal from the customs union and the single market.

Oral Answers to Questions

David Jones Excerpts

Thursday 15th March 2018 Commons Chamber

[Mr Davis]

The right hon. Gentleman’s stance is fascinating, because the customs union proposal that the Labour party recently came up with induces exactly the risk that people will have access to our markets without our necessarily having complementary access to theirs. Indeed, that was the view espoused by the shadow Secretary of State for International Trade not long ago.

[Mr David Jones (Clwyd West) (Con)]

I wish my right hon. Friend every success in the negotiations which, as he said, will reach an important stage next week. Will he confirm that it remains the Government’s position that no deal is better than a bad deal, and that all necessary resources—financial and otherwise—will continue to be deployed with an eye to such an eventuality?

[Mr Davis]

Yes, and interestingly my right hon. Friend’s question links to that asked by the hon. Member for Glasgow North (Patrick Grady) about whether some people on the continent think that letting us get a good deal would be a bad thing for the future of the European Union. Were people to turn that into a punishment deal, plainly no deal would be better than that. We are, of course, allocating the necessary resources, as the Chancellor has said.

Leaving the EU: No-deal Alternatives

David Jones Excerpts

Wednesday 21st February 2018 Westminster Hall

[Mr David Jones (Clwyd West) (Con)]

As my hon. Friend knows, membership of EFTA-EEA connotes membership of the single market, which was rejected by the British people when they voted to leave the European Union. Is it her proposal that membership of EEA-EFTA also be put to the British people in a referendum?

[Antoinette Sandbach]

I am interested by my right hon. Friend’s comments. The quote that I referred to at the beginning of my speech—

“Britain will have access to the Single Market”—

came from the Vote Leave paper, “‘Leave’ looks like...”. So I would argue that the British public were promised that we would stay in the single market by Vote Leave.

Oral Answers to Questions

David Jones Excerpts

Thursday 1st February 2018 Commons Chamber

[Mr Davis]

I think that is the first time I have seen the hon. Gentleman in alliance with my hon. Friend the Member for the 19th century.

[Mr David Jones (Clwyd West) (Con)]

15. If the Government were regrettably to accept the EU’s negotiating guidelines, so that the United Kingdom remains subject to the jurisdiction of the European Court of Justice during any implementation period, what arrangements would be put in place to safeguard Britain’s interests, given that there will be no British judges?

[Mr Davis]

As my right hon. Friend well knows, we are going into negotiation on this matter almost as we speak. During that period, my primary concern is any new laws coming into effect over which we have had no say, and we will aim to set up arrangements to ensure that they do not harm the United Kingdom.

Leaving the EU: Economic Analysis

David Jones Excerpts

Tuesday 30th January 2018 Commons Chamber

[Mr Baker]

I encourage Members to google the hon. Gentleman’s name on The Sun website. They will find a wonderful picture of him, during the referendum, standing next to a poster proclaiming that the leave campaign wanted to leave the single market. He made the point at the time—[Interruption.] He certainly did, and anyone can go and find it on The Sun website. The point was made at the time, and the public chose.

It would not be possible to honour the decision of the British people if we allow the European Union to set the UK’s tariffs and if we become people in a political purgatory of perpetual rule taking from the European Union without any democratic say. It is the desire of this Government that our country should continue to be a democracy. For that reason, we will leave the European economic area and the customs union.

[Mr David Jones (Clwyd West) (Con)]

Does my hon. Friend agree that our post-referendum experience illustrates the danger of publishing incomplete and inchoate economic analyses? We were told prior to the referendum by the Treasury that we would enter immediate recession if we voted to leave. The International Monetary Fund told us that the economy would contract by as much as 9.5%. Both were made to look extremely foolish.

[Mr Baker]

My right hon. Friend is exactly right, and he might have added to that catalogue of failures of the economics profession the failure to see the financial crisis. It is time for economists to re-examine their methods, for the reasons I indicated earlier. I am grateful to him for putting those past failures on the record.

Leaving the EU: Implementation

David Jones Excerpts

Monday 29th January 2018 Commons Chamber

[Mr Walker]

I do not agree with the right hon. Gentleman’s characterisation. He is right that many business sectors have spoken out for an implementation period, and they share the Prime Minister’s vision of an implementation period that is a bridge to our future relationship, but those businesses also regularly speak about the opportunities they see in the UK having its own independent trade policy.

[Mr David Jones (Clwyd West) (Con)]

My hon. Friend has now indicated twice that he anticipates the implementation period will be in the region of two years. Given that uncertainty is the greatest enemy of business confidence, does he not think it would improve business confidence, and indeed assist in the negotiations, if he were to make it absolutely clear that the implementation period will not exceed two years?

[Mr Walker]

My right hon. Friend speaks with great expertise on these matters. It will be in the interests of the UK and the EU to reach agreement on the exact period of this implementation period as soon as possible, but it is important that we enter this negotiation by trying to give ourselves sufficient flexibility to achieve success.

European Union (Withdrawal) Bill

David Jones Excerpts

3rd reading: House of Commons & Report stage: Second Day: House of Commons
Wednesday 17th January 2018 Commons Chamber

[Sir William Cash]

The European Scrutiny Committee, of which I have the honour to be Chairman, has been holding inquiries into the fundamental constitutional implications of the Bill, including clause 5. As is now shown on its website, I have had correspondence with the Prime Minister on its behalf since December. The provisions I refer to would empower the courts, for the first time in our Westminster-based legislative history, to disapply Acts of Parliament. This is no theoretical matter. Indeed, we are advised that such disapplication is likely to apply to a whole range of enactments, including those relating to equality, terrorism, data protection and many other matters.

I raised this massive constitutional issue, as I regard it, in Committee on 14 and 21 November, including by reference to the authoritative statements made by the late Lord Chief Justice Bingham in chapter 12 of his book on the rule of law and the sovereignty of Parliament. Let us bear in mind that he is one of the most authoritative judges in recent generations. He says:

“We live in a society dedicated to the rule of law; in which Parliament has power, subject to limited, self-imposed restraints, to legislate as it wishes; in which Parliament may therefore legislate in a way which infringes the rule of law;”—

I repeat, “infringes the rule of law”—

“and in which the judges, consistently with their constitutional duty to administer justice according to the laws and usages of the realm, cannot fail”—

I repeat, “cannot fail”—

“to give effect to such legislation if it is clearly and unambiguously expressed.”

In that book, he publicly criticised the attitude of Baroness Hale, who is now President of the Supreme Court, and Lord Hope of Craighead for suggesting that the courts have constitutional authority as against an Act of Parliament.

Lord Bingham also specifically approved the analysis of what he described as the “magisterial” authority of Professor Goldsworthy, whom he quoted as follows:

“the principle of parliamentary sovereignty has been recognised as fundamental in this country not because the judges invented it but because it has for centuries been accepted as such by judges and others officially concerned in the operation of our constitutional system. The judges did not by themselves establish the principle and they cannot, by themselves, change it… What is at stake is the location of ultimate decision-making authority… If the judges were to repudiate the doctrine of parliamentary sovereignty, by refusing to allow Parliament to infringe on unwritten rights, they would be claiming that ultimate authority for themselves.”

He went on to state that they—the judges—would then be transferring the rights of Parliament to themselves as judges. He says:

“It would be a transfer of power initiated by the judges, to protect rights chosen by them, rather than one brought about democratically by parliamentary enactment or popular referendum.”

That is the basic principle.

Members of this House and the House of Lords, including former Law Lords and members of the Supreme Court, are themselves deeply concerned about—

[Mr David Jones (Clwyd West) (Con)]

Lord Neuberger, who is the former President of the Supreme Court, has also expressed concern about the perceived illegitimacy of judges overturning Acts of Parliament. Is my hon. Friend concerned that the power in clause 5 to disapply Acts of Parliament might result in a worrying politicisation of the judiciary that I would have thought would be unwelcome not only to hon. Members but to the judges themselves?

[Sir William Cash]

I am indeed. I am grateful to my right hon. Friend, who also serves on the European Scrutiny Committee. The provisions I refer to would be express provisions. Therefore, the question of principle is fundamental and will also, no doubt, be taken up in the House of Lords. Furthermore, former Law Lords and members of the Supreme Court have expressed their concerns.

The European Scrutiny Committee’s unanimous view when we met this morning was that Parliament as a whole needs a solution that confirms the principle of parliamentary sovereignty along the lines of declarations of incompatibility under the Human Rights Act 1998, as I indicated in my correspondence with the Prime Minister, whose letter I received on 9 January. To take this forward, may I ask my hon. Friend the Minister to intervene to give me and the House an assurance that when the Bill is in the House of Lords, the Government will constructively engage with the European Scrutiny Committee, with any other Committees of both Houses and with the advice of the Attorney General and the Lord Chancellor to explore and find a proper solution to the constitutional issues I have raised in the national interest?

EU Exit Negotiations

David Jones Excerpts

Tuesday 5th December 2017 Commons Chamber

[Mr Davis]

Effectively—[Interruption.] As someone behind me says from a sedentary position, it was 24 June 2016. I cannot remember the exact date when that specific decision was taken, but it reflects the judgment of the British people.

[Mr David Jones (Clwyd West) (Con)]

Does my right hon. Friend agree that maintaining the integrity of our country requires that there should never be any internal borders, economic or otherwise, within the territory of the United Kingdom?

[Mr Davis]

Yes, my right hon. Friend is absolutely right.