Taxation (Cross-border Trade) Bill

Debate between Yvette Cooper and David Davis

3rd reading: House of Commons & Report stage: House of Commons
Monday 16th July 2018 Commons Chamber

[Yvette Cooper]

That is really flipped logic. The hon. Gentleman is effectively saying, “They do not have to do the checks because they can all just pay the tariffs.” Why on earth are we going through this whole process in the first place if all we are going to get is a tiny reduction in tariffs that no one will take advantage of in order to get any benefits?

[Mr David Davis]

The logic is actually very simple. Empirical evidence shows that in international trade, companies seek to claim their rebates and do what is necessary to avoid tariffs when a tariff is lower than 3%, not when it is above. What that tells us is that the cost of rules of origin administration is less than 3%. Companies are rational operators. The numbers that the right hon. Lady cited from a supposed Government study were wrong.

[Yvette Cooper]

I would caution the right hon. Gentleman against dismissing the rules of origin checks. There is a huge worry about the burden that they will impose on small businesses in particular. There is a big difference between large and small businesses in this regard. It might be worth large businesses claiming the money back because they can set up systems to do so, but for small businesses the process can be devastating. I am thinking particularly of the huge number of small businesses that have not yet traded outside the EU and for which rules of origin will be a new burden.

Why on earth would we want to add these additional burdens and checks on businesses that have not faced them before? I find myself in a very strange position. I, as a Labour MP, am arguing far more strongly and passionately against these additional burdens on businesses than those on the hard right of the Conservative party, who ought to be arguing against such burdens.

EU Exit Negotiations

Debate between Yvette Cooper and David Davis

Tuesday 5th December 2017 Commons Chamber

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

In the chaos that was yesterday, it did at least seem to be clear at 9 o’clock in the morning that the Government believed in the idea of regulatory alignment for Northern Ireland and for the Republic, but what is their position now? Have they now ditched any idea of regulatory alignment for Northern Ireland, or do they recognise that actually regulatory alignment is really important not just for the Good Friday agreement, but for businesses right across the United Kingdom? That is what the Secretary of State should be trying to achieve for all of us.

[Mr Davis]

I refer the right hon. Lady to the speech that the Prime Minister made in Florence, because in it she dealt with—[Interruption.] Clearly, if Opposition Members cannot read, that is not a problem. I refer the right hon. Lady to that speech, because in it the Prime Minister made a very plain case for the sorts of divergence that we would see after we left. She said that there are areas in which we want to achieve the same outcomes, but by different regulatory methods. We want to maintain safety, food standards, animal welfare and employment rights, but we do not have to do that by exactly the same mechanism as everybody else. That is what regulatory alignment means.

EU Exit Negotiations

Debate between Yvette Cooper and David Davis

Monday 13th November 2017 Commons Chamber

[Mr Davis]

No, I cannot quite confirm that. It will depend on when the withdrawal treaty is negotiated. It is the intention of the Union to try to negotiate that by October next year. Ideally, it will be before the conclusion.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I welcome the Government coming forward with a separate Bill for the withdrawal agreement. That is something on which I and the right hon. and learned Member for Beaconsfield (Mr Grieve) have tabled amendments. Can the Secretary of State clarify the timing? He just said that it was only in an ideal world that this withdrawal agreement Bill would come before Brexit day. There is a real problem if the Government think that they can simply use clause 9 provisionally to implement a withdrawal agreement through secondary legislation, while not having the withdrawal agreement Bill until after Brexit day. Will he confirm that the Government will bring the withdrawal agreement Bill to the House before Brexit day, not after?

[Mr Davis]

The right hon. Lady quite rightly corrects me for misspeaking slightly. “Ideal” was perhaps the wrong word. The right words are that it is our principal policy aim—that is what we are trying to do—but there is something that I cannot guarantee: if the Union does not come to a conclusion in negotiations, we cannot actually bring the withdrawal Bill before the House before we have a withdrawal agreement. That is the sequence that I am pointing to.

European Union (Withdrawal) Bill

Debate between Yvette Cooper and David Davis

Thursday 7th September 2017 Commons Chamber

[Mr Davis]

In a moment.

To do that, the first step the Bill takes is to preserve all the domestic law we have made to implement our EU obligations. That mainly means preserving thousands of statutory instruments that have been made under the European Communities Act, with subjects ranging from aeroplane noise to zoo licensing. It also extends to preserving any other domestic law that fulfils our European Union obligations or otherwise relates to the European Union.

Equally, the Bill converts European Union law—principally EU regulations, all 12,000 of them—into domestic law on exit day. It also ensures that rights in the EU treaties that are directly effective—that is, rights that are sufficiently clear, precise and unconditional that they can be relied on in court by an individual—continue to be available in UK law.

I have no doubt that there is much about EU law that could be improved, and I know that this Parliament will, over time, look to improve it. [Interruption.] Including the hon. Member for Caerphilly (Wayne David), who laughed just then. But that is not the purpose of this Bill. It simply brings European Union law into UK law, ensuring that, wherever possible, the rules and laws are the same after exit as before.

Just as important as the text of EU law is the interpretation of that law.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

Will the Secretary of State give way?

[Mr Davis]

In a moment.

For that reason, the Bill ensures that any question as to the meaning of retained law is to be decided on in UK courts in accordance with the Court of Justice’s case law and retained general principles of European Union law as they stood on exit day. That approach maximises stability by ensuring that the meaning of the law does not change overnight and that only the Supreme Court, and the High Court of Justiciary in Scotland, will be able to depart from retained EU case law. They will do so on the same basis on which they depart from their own case law. Any other approach would either actively cause uncertainty or fossilise EU case law for ever.

[Yvette Cooper]

rose—

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[Mr Davis]

Let me be clear: the absence of the charter will not affect the substantive rights available in the UK. As I have said before at the Dispatch Box, if an Opposition Member or anyone in the House—I am thinking of my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve); I will come to him in a minute—finds a substantive right that is not carried forward into UK law, they should say so and we will deal with it.

[Yvette Cooper]

rose—

[Mr Davis]

In the several months since I said that, no one has yet brought my attention to a right we have missed. It may be that that will happen in the next two minutes—I will start by taking the intervention of the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) and then come to my right hon. and learned Friend the Member for Beaconsfield.

--- Later in debate ---

[Yvette Cooper]

The Secretary of State will know that the key issue is not what Ministers say is the aim of the Bill, but what are the actual powers in it. So can he tell the House what safeguards there are anywhere in the Bill—in proposed statute—that would prevent Ministers from using clause 7, clause 9 or clause 17 to completely rewrite extradition policy in future, in relation to the demise of the European arrest warrant, without coming back to Parliament with primary legislation?

[Mr Davis]

I will come to the details in a moment, but there are a number of limitations, one of which is that we cannot impinge on the Human Rights Act 1998. That goes straight to the point that the right hon. Lady raises.

EU Exit Negotiations

Debate between Yvette Cooper and David Davis

Tuesday 5th September 2017 Commons Chamber

[Mr Davis]

On the day the shadow Brexit Secretary was on “The Andrew Marr Show” saying, if I remember his words correctly, that he was glad to have a unified party behind his current policy—policy No. 10, by the way—on that very same programme the right hon. Member for Don Valley (Caroline Flint) was saying exactly that: that the right hon. Gentleman was betraying Labour’s own voters. That is what the Labour party has to come to terms with. Its voters, more than anybody else, want us to leave. They voted for it and they want us to leave, and Labour had better deliver on it.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

Last year, UK agencies initiated 3,000 Europol investigations, yet with just 18 months until we are due to lose our Europol membership, our European arrest warrant and our security co-operation underpinnings we still have no idea what the Government want—is it to replace this, to extend it or to include it in a transition? There have been no announcements and there was not even any mention of it in the Secretary of State’s statement today. When are we going to get some substance on this serious issue about public safety and national security? When is he going to realise that this waffle is letting the country down?

[Mr Davis]

In my statement I discussed civil judicial co-operation and criminal judicial co-operation, which relate to the right hon. Lady’s question—or criminal judicial co-operation does, at least. The European Union will only negotiate on the ongoing relationship once it has decided there has been sufficient progress. At that point—I have said this in terms, and it was in the article 50 letter, the Lancaster House speech and the White Paper—we intend to negotiate a parallel arrangement, similar to what we have now, based on the structures we currently have, and we intend to maintain exactly what she says: the high level of co-operation on intelligence, counter-terrorism and anti-criminal work that we have had in the past.

Article 50

Debate between Yvette Cooper and David Davis

Tuesday 24th January 2017 Commons Chamber

[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.

New Partnership with the EU

Debate between Yvette Cooper and David Davis

Tuesday 17th January 2017 Commons Chamber

[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 Davis]

I will say to the right hon. Lady what I said to the head of the TUC only a couple of weeks ago: there is no circumstance under which we will rip up workers’ rights. That is my commitment from the beginning in this job, and it will be my commitment for as long as I am in it.

Article 50

Debate between Yvette Cooper and David Davis

Monday 7th November 2016 Commons Chamber

[Mr Davis]

I am happy to give my right hon. Friend that undertaking.

[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.

Exiting the European Union

Debate between Yvette Cooper and David Davis

Monday 5th September 2016 Commons Chamber

[Mr Davis]

My right hon. and learned Friend and I have debated this matter probably for nearly 30 years. Let me say this on the issue of anti-foreigner rhetoric. I agree entirely that the sort of unpleasantness that has sometimes arisen is to be wholly condemned—I repeat, wholly condemned. I certainly join my right hon. and learned Friend in condemning that rhetoric.

However, my right hon. and learned Friend then moved on to the issue of immigration. I do not think that when people are concerned about immigration, it is necessarily xenophobia. Economic, social and other pressures lead to people’s concern about the issue. Nor do I think that it is a simple trade-off. I do not think that an immigration control system that suits our country is necessarily one that will preclude a good trade relationship with the European Union. Trade relationships are beneficial to both sides, and we should not need to make a policy purchase in order to secure such a relationship. So, while I agree with my right hon. and learned Friend’s original proposal, I do not agree with his conclusion.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

As the Secretary of State will know, the business of his Department will be the most important issue that has faced our country for decades, and it is hugely important that we secure the best deal for Britain outside the European Union. No one expects him to have worked out all the answers yet, but we do expect him to be able to set out the outline of some kind of plan, and today we have heard nothing of that sort.

Let me ask the Secretary of State just one specific question. Has his Department even considered what the home affairs issues will be in the negotiations, and has he decided whether or not Britain will be staying in Europol? That decision will have to be made this year, not in many years to come. Has he decided whether we will be in Europol, yes or no?

[Mr Davis]

The right hon. Lady was an eminent member of the Cabinet, and, indeed, an eminent Front-Bench Member and shadow Home Secretary. I therefore take her question extremely seriously, as she does this issue. The simple answer is that the whole justice and home affairs stream is being assessed even as we speak, and the aim is to preserve the relationship with the European Union on security matters as best we can. The right hon. Lady will recall that last year a decision was made which laid aside about 100 measures that we did not want to be part of, but kept some others, including the European arrest warrant and one or two others—controversially, as she will remember. So yes, of course we are across that, and of course we are aiming to maintain it. That is the answer.

Data Retention and Investigatory Powers Bill

Debate between Yvette Cooper and David Davis

Tuesday 15th July 2014 Commons Chamber

[Yvette Cooper]

My understanding is that the Government do not keep metadata on UK citizens and that the data retention directive is about the information that companies hold, but I would certainly be very surprised if companies were able to separate out the billing data for MPs, for example, from that of any other British citizen. It would be startling if they were able to do so. My hon. Friend is right that one would expect things such as the data retention directive to cover not just MPs but all UK citizens in that way, but my point is that the Government cannot take for granted the need to restore the status quo. We need to debate it and we need reform.

My real concern about how the Government handled the issue is not only about the delay in introducing the legislation after the Court judgment in April and the limited time we have to debate it. It is bigger than that. It is about the Government’s failure to rise to the bigger challenge and debate of the past 12 months. They have said almost nothing in response to the Snowden leaks, to provide either reassurance or reform. They tried to limit the debate over the draft Communications Data Bill, drawing it too widely, and have never been clear about what they really wanted and needed to achieve. They have not faced the new challenges of the digital age and recognised the importance of changing technologies and expectations. They have not started a serious review of the legal framework or the powers and oversight needed. The Home Secretary made a speech a few weeks ago that set out some of the safeguards needed, but it has taken time for Ministers to do that.

[Mr David Davis]

The right hon. Lady is making an interesting point. Is not the implication of her last six sentences that the Labour party should support the sunset clause being brought forward to Christmas of this year, which would force the debate that she is asking for?

[Yvette Cooper]

I want to come on to that point in detail, because it is an important one. The wider considerations, the detailed review of the legislation and the public consultation that we need will take longer than just five months, and it is important that this is not simply about repeated sticking-plaster legislation. We need to have a sustainable debate about how to get the right kinds of reforms to sustain the framework for the longer term and, crucially, about how we get public consent in this.

In the US, they have had a public debate. President Obama led a debate on liberty and security after the Snowden leaks, setting up an independent review group last summer. His response robustly defended much of the work that the US agencies do as vital to national security, but he also recognises the need for stronger safeguards. Our system has many more legal safeguards than the US system. For example, our warrant system is much narrower than theirs, and rightly so. We also have strong public support for the work of our intelligence services and the police, but that is no reason to avoid the debate and hope that it will go away. That is what I believe that the Government have done since last summer.