The Government's Plan for Brexit

Keir Starmer Excerpts
Wednesday 7th December 2016

(7 years, 4 months ago)

Commons Chamber
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Keir Starmer Portrait Keir Starmer (Holborn and St Pancras) (Lab)
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I beg to move,

That this House recognises that leaving the EU is the defining issue facing the UK; notes the resolution on parliamentary scrutiny of the UK leaving the EU agreed by the House on 12 October 2016; recognises that it is Parliament’s responsibility to properly scrutinise the Government while respecting the decision of the British people to leave the European Union; confirms that there should be no disclosure of material that could be reasonably judged to damage the UK in any negotiations to depart from the European Union after Article 50 has been triggered; and calls on the Prime Minister to commit to publishing the Government’s plan for leaving the EU before Article 50 is invoked.

For months, Labour has been pressing the Prime Minister and the Government to set out their plan for Brexit. For months, the Prime Minister and a succession of Ministers have refused to do so, either in writing or from the Dispatch Box. Facing defeat on today’s motion, the Government have now caved in—last-minute amendments tell their own story and everybody knows it. This is a victory for common sense. I thank those from various Opposition parties who backed putting pressure on the Government to disclose their plan, and I thank the Conservative Members who, rightly, want to see far more detail about the approach their Front Benchers are intending to take.

Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
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Does the hon. and learned Gentleman acknowledge that, by accepting the Government’s amendment to his otherwise very good motion, he is falling into a Tory trap of binding his party to supporting the invoking of article 50 by March, which is an unrealistic and increasingly arbitrary date?

John Bercow Portrait Mr Speaker
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Before the hon. and learned Gentleman responds, may I politely say that the intervention is absolutely legitimate but this is a helpful guide: if Members who are hoping to speak intervene more than once, in accordance with very long-standing practice they will be relegated on the list? That is only fair if I am to try to secure equal opportunities for all Members.

Keir Starmer Portrait Keir Starmer
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I am grateful for that intervention, and I assure the hon. Lady that I shall come to that important point in due course.

I have seen the overnight briefings, which will no doubt be repeated today from the Dispatch Box, that the Government always intended to publish their plan, but an eleventh-hour concession is an eleventh-hour concession. I have faced the Secretary of State on many occasions and asked for a plan, and he has refused on every occasion, so nobody is going to fall for that.

None Portrait Several hon. Members rose—
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Keir Starmer Portrait Keir Starmer
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I am going to make some progress, if I may. The focus is now where it ought to be: on the substance, not the process. The terms upon which we leave the EU will define us and our country for many years, and this House and the public are entitled to know the approach the Government are intending to take.

Keir Starmer Portrait Keir Starmer
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I will make a bit of progress and get to dealing with the amendment.

Today’s victory is important, and so is the timing. As we debate this motion, the Government’s appeal is being heard in the Supreme Court. We need to remind ourselves that the Government are arguing that this House should have no say on the question of invoking article 50—that is the argument they are presenting in the Supreme Court; through that argument, they want to remove the prospect of a vote granted by the High Court a few weeks ago. That is the core of their argument and the purpose of their appeal: to remove that vote from us. That is what they are seeking to achieve, but that would be to avoid scrutiny and avoid accountability. If the Government succeed in that appeal, this motion will be very important, because it puts grip into a process that would otherwise have none. We will only have a plan to discuss because we will not be getting a vote.

Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
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However, if the Government fail at the Supreme Court, there will have to be a legislative process. This is not a legislative process today, is it?

Keir Starmer Portrait Keir Starmer
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I am grateful for that intervention and I am coming precisely to that point, so I will press on.

None Portrait Several hon. Members rose—
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Keir Starmer Portrait Keir Starmer
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I am going to get to the amendment, so that I can make my position clear on that, and then I will take interventions.

A plan will now have to be prepared, debated and subjected to scrutiny, whether or not we have a vote. That is a good thing for anybody who believes in parliamentary scrutiny. If, however, the Government lose their appeal, there will need to be article 50 legislation in the new year; a motion of this House will not suffice.

I pause here to deal with the Government amendment, on which I want to make this clear to all Members: today we are not voting to trigger article 50 or to give authority to the Prime Minister to do so. It is most certainly not a vote for article 50. Unless the Supreme Court overrules the High Court, only legislation can do that.

Nor does today’s motion preclude Labour or any other party tabling amendments to the article 50 legislation and having them voted on. The motion, as amended, would be an indication that the purpose of calling for a plan is not to frustrate the process or delay the Prime Minister’s timetable. That is what is made clear by the motion and the amendment taken together. Labour has repeatedly said it will not frustrate the process, and I stick by that. That is why the Government should prepare their plan and publish it in time for this House to consider it when it debates and votes on the article 50 legislation. The timetable in the amendment is in fact there to put pressure on the Government, because a late plan would clearly frustrate the purposes and intentions of this motion. I put the Government on notice that I will not be slow to call them out if they do not produce a timely plan.

Peter Bone Portrait Mr Peter Bone (Wellingborough) (Con)
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I do not want the shadow Secretary of State to inadvertently mislead the House. We already have legislation before this House—the Withdrawal from the European Union (Article 50) Bill—which has had its First Reading and will get its Second Reading on 16 December, unless someone objects.

Keir Starmer Portrait Keir Starmer
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I am grateful for that intervention and understand the point, but let us see what happens on 16 December. The Secretary of State has made it clear on a number of occasions, understandably, that in addition to the main point of the appeal so far as the Government are concerned, which is to take away any right to vote on invoking article 50, there is a secondary intention, which is to get greater clarity on the type of legislation that may be needed in the new year. I anticipate that it is that Minister legislation that we will address before too long, but I do, of course, acknowledge the private Member’s Bill.

Jim Cunningham Portrait Mr Jim Cunningham (Coventry South) (Lab)
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I am glad that my hon. and learned Friend has made it clear that it is not our intention to frustrate the article 50 process, because the Government and their supporters have been putting it around that we are somehow trying to sabotage any decision on it.

Keir Starmer Portrait Keir Starmer
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I am grateful for that intervention, because what we have seen is the characterising of anyone who questions the Government’s approach as frustration. That is the wrong characterisation and it is to be avoided. Having accepted today’s amendment, I hope that I will not be intervened on the whole time by Members saying that this is an attempt to frustrate. The plan needs to be produced in good time and with sufficient detail for us to debate it, but the purpose is not to frustrate the overall process or to delay the timetable that the Prime Minister set out some time ago.

Jonathan Edwards Portrait Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
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If the hon. and learned Gentleman accepts the Government’s amendment, is he not effectively giving unilateral support to whatever plan they decide to present, which means that Opposition Members will not be able to perform their parliamentary role of scrutinising the Executive?

Keir Starmer Portrait Keir Starmer
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I understand the hon. Gentleman’s concern, but that is not the case, and I will make that point in a moment.

Julian Lewis Portrait Dr Julian Lewis (New Forest East) (Con)
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Does the shadow Secretary of State agree that, if the Opposition support, or at least do not oppose, the Government’s amendment, it would be completely unacceptable and totally inconsistent for them to do anything in the new year to delay the triggering of article 50 beyond 31 March?

Keir Starmer Portrait Keir Starmer
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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.

David Davis Portrait The Secretary of State for Exiting the European Union (Mr David Davis)
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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 Portrait Keir Starmer
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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.

None Portrait Several hon. Members rose—
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Keir Starmer Portrait Keir Starmer
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I am going to make some progress. I have taken a lot of interventions.

The Government must now prepare their plan and publish it. I put the Government on notice that, if they fail to produce a plan by the time we debate proposed legislation on article 50—assuming that we do debate it and that the Government do not win their appeal—amendments will be tabled by the Opposition and, possibly, Government Members, setting out the minimum requirements of a plan. In other words, we are not going to have a situation where the Government seek a vote in a vacuum or produce a late, vague plan.

Richard Fuller Portrait Richard Fuller (Bedford) (Con)
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I congratulate the hon. and learned Gentleman, because he is playing on a very difficult wicket. The motion states

“that there should be no disclosure of material that could be reasonably judged to damage the UK”.

Does he therefore believe that this plan should be a series of hints, an explanation of principle or specific priorities? It would be helpful to know what he means by a plan.

Keir Starmer Portrait Keir Starmer
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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.”

David Davis Portrait Mr David Davis
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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 Portrait Keir Starmer
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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.

David Davis Portrait Mr David Davis
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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 Portrait Keir Starmer
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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.

None Portrait Several hon. Members rose—
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Keir Starmer Portrait Keir Starmer
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I am going to make progress.

The minimum requirements of a plan are fivefold. The first—I have begun to touch on this—is the need for enough detail and clarity to end the circus of uncertainty that has been going on in recent weeks on issues such as the single market, paying for access to the single market, the customs union and transitional arrangements. The pattern and rhythm of those exchanges over the past few days and weeks is clear for all to see. One member of the Cabinet says one thing one day; another member of the Cabinet says something else on a different day; then a spokesperson says that no decision has been made. We have seen that pattern over and over in the past few weeks. That uncertainty causes anxiety across the UK, in businesses, among working people, and in our nations and regions. It has to end, as it causes more damage to the process than anything else at the moment. The House, the public, businesses, working people, the media and our communities are entitled to know the basis on which the Government intend to negotiate their future.

Lucy Frazer Portrait Lucy Frazer (South East Cambridgeshire) (Con)
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The hon. and learned Gentleman said that the alternative to having a plan was no information until 2019. Does he accept that in the debate on 12 October he asked the Secretary of State whether we would have the same information as the European Parliament, where there is a mandatory obligation to inform the European Parliament of the negotiations? My right hon. Friend said very clearly that the answer was yes.

Keir Starmer Portrait Keir Starmer
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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 Portrait Keir Starmer
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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.

David Davis Portrait Mr David Davis
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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 Portrait Keir Starmer
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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.

Dominic Raab Portrait Mr Dominic Raab (Esher and Walton) (Con)
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I understand why the shadow Minister is pressing the Government for their plans and I understand why he is setting out his red lines. I do not understand why he wants to enshrine that in legislation. The only reason for doing that is so that the Labour party can set up the Government to be sued later. Is that not the truth—will he come clean? It is wrecking tactics by any other name.

Keir Starmer Portrait Keir Starmer
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The answer to the question is no.

None Portrait Several hon. Members rose—
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Keir Starmer Portrait Keir Starmer
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I am going to make progress—I have taken a lot of interventions.

The second requirement of a plan is that it must have enough detail to allow the relevant parliamentary bodies and Committees, including the Exiting the European Union Committee, chaired by my right hon. Friend the Member for Leeds Central (Hilary Benn), to scrutinise the plan effectively. The Committee’s terms of reference include examining the Government’s objectives, so the plan must have sufficient detail to allow parliamentary bodies to conduct scrutiny effectively.

None Portrait Several hon. Members rose—
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Keir Starmer Portrait Keir Starmer
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I am going to press on. Thirdly, the plan must provide enough detail to enable the Office for Budget Responsibility to do its job properly. As Members across the House know, the Budget Responsibility and National Audit Act 2011 sets out the role of the OBR: it is the duty of the OBR to examine and report on the sustainability of the public finances. Its charter states:

“The OBR’s published forecasts shall be based on all government decisions and all other circumstances that may have a material impact on the fiscal outlook.”

The Government are responsible for all policy decisions and policy costings, but it is for the OBR to provide independent scrutiny and certification of the Government’s policy costings. It states whether it agrees or disagrees with the Government’s costings, or whether it has been given insufficient time or information to reach a judgment. It is an important check and balance in the system on the spending of public money and on costings.

In its response to the autumn statement this year, the OBR made the following comment on assumptions about the cost of Brexit. In the foreword to the response, it said that it asked the Government for

“a formal statement of Government policy as regards its desired trade regime and system of migration control, as a basis for our projections”

on Brexit.

“The Government directed us to two public statements by the Prime Minister that it stated were relevant”.

The OBR was trying to do its job and obtain sufficient information to carry out its statutory functions, and has asked the Government for the relevant information. It has been directed to two public statements by the Prime Minister. In its report this year, the OBR said:

“Perhaps understandably, the Government’s response leaves us little the wiser as regards the choices and trade-offs that the Government might make during the negotiations”.

It is perhaps understandable in the early stages why that may be the case—I concede that, and this is not intended to be a cheap shot based on the OBR report—but it is important that the OBR should be able to do its job properly over the next two years or more. Unless it has sufficiently clear objectives, it cannot do so. It is wrong in principle for the OBR to be disabled from discharging its functions properly. There should be enough detail for that scrutiny to be carried out.

Fourthly, the plan must have enough detail to enable the relevant authorities in Scotland, Wales and Northern Ireland to be assured that their particular and specific concerns are addressed. Other Members will speak about those concerns far more authoritatively than I can, but they include concerns about the single market and, in Northern Ireland, concerns about the border and related issues. The detail must be sufficient for those authorities to be assured that their concerns are understood and are being addressed. Over the past few weeks, I have visited Northern Ireland, Wales and Scotland to speak to the devolved Governments as well as to businesses, trade unions and the public in meetings. I can assure the House that “Brexit means Brexit” does not come close to answering the concerns I heard or to addressing the huge, complex challenges that Brexit will pose across the UK.

Fifthly, the plan must have enough detail to build genuine consensus. That is an important point, because the future of this country is bound up with the negotiations, and it is wrong in principle for the Government to act solely for the 52%—to base its approach on the 52% or a group within the 52%. The vote on 23 June was not a vote to write those that voted to remain out of their own history. They have a right and an interest in these negotiations and they have a right to have a Government who give weight to their interests as well as the interests of the 52%. I have said this before and I will say it again: the Government must act not for the 52% or the 48% but for the 100%, acting in the national interest. That can be achieved only if we have a national consensus.

Crispin Blunt Portrait Crispin Blunt (Reigate) (Con)
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I am fascinated by the focus on the plan and the amount of work that the hon. and learned Gentleman will invite the OBR to do. He does understand, surely, that no plan survives engagement with the enemy. [Interruption.] That is a military metaphor from assaults. Our negotiating hand is clear, and it is clear that it is not compatible with the position taken by our 27 partners. This will all change in the course of the negotiations, and we will have to leave it to the Government to make those decisions.

John Bercow Portrait Mr Speaker
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Order. I recognise that the hon. Gentleman is an illustrious Member of the House as Chair of the Foreign Affairs Committee, but even so the intervention was too long.

Keir Starmer Portrait Keir Starmer
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On reflection, the hon. Gentleman may think that he did not use the right word in describing our partners as “the enemy”.

That brings me to a footnote, but an important footnote. Some of the language and tone that has been adopted by the Government and their Front Bench is not helping the prospects for a good outcome. [Interruption.] I hear the comment that that is disingenuous. I have been to Brussels. I have spoken on a number of occasions to those who will be involved in the exit, and they are not particularly amused by jokes about Prosecco; they are not particularly interested or amused by references to “cake and eat it”. They want a professional, constructive set of negotiations, and some of the comments that are being made about them and their real purposes are not helping the prospect. We have a shared interest across this House in getting these very difficult negotiations off to the best possible start, and comments along the way that are unhelpful or disparaging of our EU partners are simply not helping.

None Portrait Several hon. Members rose—
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Keir Starmer Portrait Keir Starmer
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I will press on.

Until now, the Prime Minister’s two mantras that “Brexit means Brexit” and that there will be “no running commentary” on negotiations tell us nothing about the type of Brexit that the Government propose. I am not sure that the recently coined “red, white and blue” Brexit takes us any further forward. The question that everybody wants answered is, will it be the hard Brexit suggested in the Prime Minister’s party conference speech, or the vaguer form suggested by Cabinet Ministers when they speak of possible payments into the EU budget and provide welcome guarantees to Nissan about the prospect of arrangements that are free of tariffs or bureaucratic impediments? These are two different versions of our future that will be negotiated over the next few years, and we need to know which version we are running with, and we need a consensus.

Chris Leslie Portrait Chris Leslie (Nottingham East) (Lab/Co-op)
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My hon. and learned Friend is right to insist on a plan. It is important that we do not stand in the way of the will of the British people in the referendum, but does he accept that there are many people in all parts of the House who have some doubts and misgivings about the timing of the invoking of article 50? Many people think that 31 March is simply too soon—that we are rushing into it—and that as we will not start negotiations until after the German elections, we may get only a year of negotiations. Does my hon. and learned Friend accept that there is risk in that timetable?

Keir Starmer Portrait Keir Starmer
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I am grateful for that intervention. I do understand the concerns about the timetable and I think they are shared across the House. It is a tight timetable. I accept that the purpose of the plan, or the motion, is not to frustrate or delay the process. I know that the Secretary of State equally wants to keep to that timetable, but it is an exacting timetable and it is incumbent on the Government to make sure that the deadline is met by ensuring that the plan is available as soon as possible in January 2017.

None Portrait Several hon. Members rose—
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Keir Starmer Portrait Keir Starmer
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I shall press on, if I may.

The question on everybody’s lips is, is it the hard Brexit sketched out at the party conference, which was read by those in Brussels as meaning outside the single market, outside the customs union and an arm’s length relationship with our EU partners, or is it a more co-operative, collaborative approach with our partners? I understand, and I can hear from the statements, that there is disagreement on the other party Benches about this, but we cannot go into the negotiations with that disagreement still raging. We need to go in with consensus.

I will say this loud and clear: there is no mandate for hard Brexit; there is no consensus for hard Brexit.

Edward Leigh Portrait Sir Edward Leigh (Gainsborough) (Con)
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Will the hon. and learned Gentleman give way?

Keir Starmer Portrait Keir Starmer
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No. I have given way a number of times.

In the past few months I have travelled across the UK to hold meetings with a wide range of interested parties, such as businesses large and small, different nations and regions, trade unions, working people and local communities on the question of the terms on which the UK should exit the EU. I know that the Secretary of State and his team have been engaged in the same exercise. We have been to some of the same places and regions and spoken to some of the same people. The overwhelming evidence is that they do not want hard Brexit. There is not a consensus out there for hard Brexit. If we are to reach a consensus, it must be genuine consensus that works for everybody.

The ball is now in the Government’s court to produce a timely plan that meets these requirements. That will be the start of scrutiny and accountability, not the end. If the Government fail to produce a timely and sufficiently detailed plan, they should expect further challenge from the Opposition, and I put the Secretary of State on notice that that is what we will do. Only legislation, not today’s motion, can allow the Prime Minister to trigger article 50. That will have to be debated and subject to the full and proper procedures in this House, as the Secretary of State accepts. The motion makes it clear that although Labour will not frustrate the article 50 process, it does intend to shape the debate and head off hard Brexit.

David Davis Portrait The Secretary of State for Exiting the European Union (Mr David Davis)
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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 Portrait Keir Starmer
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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.

David Davis Portrait Mr Davis
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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.”

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David Davis Portrait Mr Davis
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In fact there is a law that applies to this—the Constitutional Reform and Governance Act 2010—so we are, in effect, bound by that.

Keir Starmer Portrait Keir Starmer
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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?

David Davis Portrait Mr Davis
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All I can say is what I have said before: that is what I expect. It is as simple as that.

I want to pick up on the point about parliamentary scrutiny in a little more depth, if I may—

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David Davis Portrait Mr Davis
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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.

Keir Starmer Portrait Keir Starmer
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Will the Secretary of State give way?

David Davis Portrait Mr Davis
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No.

Today we will see whether the Opposition are prepared to back Britain and support our plan to follow the instruction of the British people and leave the European Union. The Government are absolutely determined to honour the decision made by the British people on 23 June.