The Secretary of State for Exiting the European Union (Mr David Davis)

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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.

The Leader of the House of Commons (Mr David Lidington)

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Further to that point of order, Madam Deputy Speaker. I completely concede that it is a perfectly reasonable request, and I will make sure that that happens.

The Minister of State, Department for Exiting the European Union (Mr David Jones)

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May I start by paying tribute to all the right hon. and hon. Members who have contributed to what my hon. Friend the Member for Sleaford and North Hykeham (Dr Johnson), in her excellent maiden speech, rightly called an historic debate? Members on both sides of the House, supporters of both leave and remain, have spoken with passion and sincerity, and there have been some outstanding contributions. Several times over the past two days we have seen this House at its very best. A wide range of issues have been raised during the debate. I will seek to address them in the time available to me, but I hope that hon. Members will forgive me if I do not address every single point made by every single speaker.

Let me be clear: what we are considering is the most straightforward Bill possible. The Bill is necessary to implement the referendum result and respect the judgment of the Supreme Court; it is positively not a vehicle for determining the terms of the broader negotiations that will follow. The Bill follows one of the largest democratic exercises in this country’s history. As pointed out by many hon. Members, an issue that has been central to political debate in this country for decades was finally put to the people of the United Kingdom, and the people made their decision.

We have heard repeatedly from hon. Members on both sides of this debate, on both sides of the House, that they fully respect and accept the referendum’s outcome. Today is an opportunity for all of us to demonstrate that respect by supporting this small but important Bill.

Mr Jones

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Given the time I have available, I will not give way; I hope the hon. Gentleman will forgive me.

A number of themes that I would like to touch on emerged in the debate. The first is the referendum itself. Parliament voted overwhelmingly to put this historic question to the people, and we must trust the people’s decision. There must be no attempt to remain inside the EU, no attempt to rejoin it through the back door and no second referendum, as a few hon. Members have urged. This country has voted to leave the European Union, and it is the duty of the Government and of this House to make sure we do precisely that.

Mr Jones

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In the time available, I cannot.

Secondly, I would like to touch on engagement with the devolved Administrations, which has figured strongly in this debate. Before and throughout the referendum campaign, it was clear that the outcome would apply to the whole United Kingdom, and that is what we are committed to delivering. We are committed to securing the best deal for the whole United Kingdom, in the interests of all its constituent nations and regions. My right hon. Friend the Prime Minister has made clear her determination to uphold and strengthen the Union, and we will continue to engage with the devolved Administrations through the established Joint Ministerial Committees. We understand that there are unique and diverse interests across the UK.

Mr Jones

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I do not know why the hon. Gentleman does not understand; I am not taking his intervention.

In particular, we are wholly committed to the Belfast agreement and its successors. We will work with the Irish Government to maintain the common travel area on the island of Ireland and not return to the borders of the past. We have received, and we are grateful for, the submissions from the Scottish and Welsh Governments, which are being considered.

That said, the Supreme Court was clear in its judgment that triggering article 50 is a reserved matter for this Parliament, and that the devolved legislatures do not have a veto. But we have been clear that we will work very carefully to ensure that as powers are repatriated from Brussels back to Britain, the right powers are returned to Westminster and the right powers are passed to the devolved Administrations of Scotland, Wales and Northern Ireland.

Many hon. Members raised the question of the status of EU citizens living and working in the United Kingdom. Let us be clear: this Government value and appreciate the role that they play in our economy and in our communities, and we are determined to provide as much certainty as we can, as soon as we can. My right hon. Friend the Prime Minister has been clear that guaranteeing UK citizens’ rights in the EU, and EU citizens’ rights in the UK, is one of our immediate objectives in the upcoming negotiations. Indeed, we stand ready to reach such a deal right now if the other countries of the European Union agree. To the EU citizens who are living, studying and working in the UK I say, “You will still be welcome in this country, as we trust our citizens will continue to be welcome in yours.”

Mr David Jones

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Moving on to the forthcoming negotiations, I want to repeat that although we are leaving the EU, we are not turning our back on Europe. We will be seeking a broad new partnership with the EU outside the single market, including a bold and ambitious free trade agreement. We will maintain strong relationships with our European partners as we work together on issues such as security, justice and migration.

Mr David Jones

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We have made clear commitments to protect workers’ rights, and will ensure that they keep pace with the changing labour market. Let me be as clear as it is possible to be: all the workers’ rights that are enjoyed under EU legislation will be preserved by the great repeal Bill and brought across into UK law. Let me also say that we have no plans to withdraw from the ECHR.

Let me deal with the question of Euratom. Euratom and the EU share a common institutional framework, including the European Court of Justice, a role for the Commission and decision making in the Council, making them uniquely legally joined. Triggering article 50 therefore also entails giving notice to leave Euratom. The nuclear industry is of key strategic importance to the UK, and we have been clear that this does not affect our intention to maintain close and effective arrangements relating to civil nuclear co-operation, safeguards and safety with Europe and the rest of the world.

Let me move on to the role of Parliament. My right hon. Friend the Prime Minister set out our plan for the United Kingdom’s withdrawal in her speech at Lancaster House, and she has confirmed that Parliament will have its say on the final deal we achieve with the European Union by putting that deal to a vote of both Houses. There has already been extensive scrutiny in both Houses, and we will publish our White Paper tomorrow, before Committee. The White Paper, however, is entirely separate from this Bill, which simply gives the Government the power to trigger the process of exit from the EU, in accordance with the instructions that we have received from the people of this country.

There has also been much debate over the past two days about the many opportunities that leaving the UK—[Interruption]—that leaving EU affords the UK. As my right hon. Friend the Prime Minister has said, we will be an outward-facing, bold and global country, seeking ambitious trade deals, forging new friendships and consolidating existing partnerships, and we will remain a tolerant and open country. The triggering of article 50 will start the process of our withdrawal from the European Union, and during that process, the House will have plenty of opportunities to debate and play a crucial role in scrutinising the great repeal Bill and related Bills to come. My right hon. Friend has set out a detailed plan for building a new partnership between an independent United Kingdom and the European Union in the years to come.

Let me say how much I agree with the hon. Member for Darlington (Jenny Chapman): the people have made their decision, and now we must strive for an outcome that, as she said, works not just for the 52% or the 48%, but for the 100%. All of us in this House must work together in the national interest, but let me repeat that tonight we are not voting on the outcome, nor on the wider issues, but simply to start the process. It is absolutely essential that Parliament moves quickly, under the timetable that this House voted for in December, to trigger article 50 by the end of March.

In short, this is a straightforward Bill that delivers on the promise made to the people of the United Kingdom to honour the outcome of the referendum. We must trust the people, and I commend this Bill to the House.

Question put, That the amendment be made.

The Minister of State, Department for Exiting the European Union (Mr David Jones)

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This short Bill has attracted a large number of new clauses that fall into a number of broad categories. I will first deal with the issue of parliamentary scrutiny, which has engaged the attention of a large number of hon. and right hon. Members. From listening to the debate, I am clear that there is actually a considerable amount of common ground across the Chamber. The Government also agree that parliamentary scrutiny is essential as we withdraw from the European Union. Indeed, the whole object of leaving the European Union is to ensure that our Parliament can take back our own laws. For that purpose, scrutiny is essential.

I recognise the thoughtfulness in the wording of many of the amendments that seek to formalise the mode of scrutiny, but it will probably surprise nobody that I will not accept any of them. This is a straightforward Bill that gives us the means to respect the result of the referendum and the judgment of the Supreme Court. As the Court made absolutely clear, this is about not whether we leave or the terms on which we leave, but simply the mechanics under which we trigger the process of leaving. In many cases, the amendments discussed today have virtually nothing to do with the Bill, and I resist them for two principal reasons. First, many are unnecessary in that what they seek to achieve is effectively already being done by the Government. No one can deny that the Secretary of State, as the hon. Member for Greenwich and Woolwich (Matthew Pennycook) recognised, has been assiduous in his engagement with Parliament. The process has been the source of intense scrutiny over the past seven months.

Mr Jones

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I will come to EU nationals later. As I explained a moment ago, I am currently dealing with the issue of scrutiny, not with the issue of EU nationals.

One can see from the Secretary of State’s record of engagement that he has given an oral statement on an almost monthly basis—far more than the bimonthly or quarterly updates to Parliament requested in the new clauses. Ministers from across Government have been at this Dispatch Box many times to debate our EU exit. The Prime Minister has given a statement after every Council, including one today. That is in addition to holding debates on the EU exit in Government time, and 15 appearances at Select Committees by Ministers and officials from all Departments.

Mr Jones

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I understand the hon. Lady’s point. However, it is not the case that everything will, as she puts it, “close down”. There will certainly be negotiations and it is important that they continue, to a certain extent, with privacy. At the same time, the Government have made it clear, time after time, that we fully appreciate the need for engagement with and scrutiny by Parliament, provided, of course, that it does not adversely affect the negotiations.

Mr Jones

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The British people have had their say very clearly: they have instructed this Parliament that they wish to leave the European Union. I know that the hon. Gentleman does not like that result, but that is the hard fact.

We have aimed at all times scrupulously to fulfil Parliament’s legitimate need for information, and we will continue to do so. As well as keeping Parliament informed, we will pay regard to all the motions passed on the outcome of negotiations associated with the Bill—as proposed in new clause 176—just as we have already paid regard to the motions passed on Opposition days on 12 October and 7 December.

On the provisions of new clause 3 concerning information sharing, the Secretary of State has been clear since the very early days following the referendum that he will keep Parliament at least as well informed as the European Parliament as the negotiations progress. The new clause asks us to reaffirm that position so that Parliament receives the same documents that the European Parliament or any of its committees receive from the Council or the Commission.

The Government are absolutely resolute that the House will not be at an information disadvantage compared with the European Parliament, but the new clause is flawed, simply because the United Kingdom Government may not be privy to what information is passed confidentially between the Commission, or the other EU institutions, and the Parliament. In the same way, the House would not expect the Government to pass all our documents relating to a highly sensitive negotiation to the other side.

What I can do, however, is confirm that the Government will keep Parliament well informed, and as soon as we know how the EU institutions will share their information, we will give more information on what Parliament will receive and on the mechanisms for that, including on the provision of arrangements for the scrutiny of confidential documents.

The second category of amendments and new clauses, which, again, I must resist, because they pre-judge the negotiations to follow, ask for formal reporting on myriad subjects or for votes on unilateral commitments. The exact structure of the negotiations has not yet been determined and may very well be a matter for negotiation itself. Therefore, setting an arbitrary reporting framework makes no sense at all. There will be times when there is a great deal to report on, and times when there is very little. The Prime Minister and the Secretary of State have already made serious undertakings as to how they will report to the House.

Mr Jones

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Clearly, we require, and we are looking to achieve, close co-operation with the European Union on security matters, but, again, these will be a matter for negotiation, and as the negotiations progress, we will keep the House informed.

The commitments that the Prime Minister and the Secretary of State have given are important. That is why the Government published the White Paper on our negotiating position last week, with an introduction by the Prime Minister, once again stating our clear aims for the negotiations. That includes, for example, the implementation phases referred to by hon. Member for Brighton, Pavilion (Caroline Lucas)—those are part of our objectives.

Mr Jones

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No, I will not give way, because I have little time.

The Secretary of State announced in the recent White Paper that there will be a further White Paper published on the great repeal Bill so that Parliament can be fully informed of the provisions of the Bill in good time. After that, the Government will continue upholding their commitment through the primary and secondary legislation that will undoubtedly be required.

New clauses that ask for specific reporting to Parliament after article 50 is invoked, including new clauses 3, 20, 22, 29, 51, 111 to 130, and 151—on our relationship with EU agencies, competition policy, environmental regulations, the UK renewables sector and virtually every other aspect of our relationship with the EU—are dangerous. They would bind us to an inflexible timetable of updates as we try to navigate a complex set of negotiations.

Mr Jones

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The hon. Gentleman makes an extremely important point. If these provisions were put into the Bill, there is no doubt that they would become justiciable, therefore leading to further delay. What this country requires at the moment is certainty and speed, and instead we would have uncertainty and delay.

Mr Jones

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I can go no further than what I have already said. Of course, transitional arrangements require bilateral agreement. We have already indicated that that is what we are aiming at, but it takes two to tango in this regard.

Amendment 78 would require the Foreign Secretary to publish a work programme for UKRep for the duration of the negotiating period. This is simply an attempt to delay notification by creating new obligations on and impediments for the Government.

I turn now to a matter that has, quite understandably, exercised a large number of colleagues. I want to refer to these amendments and new clauses in detail. They relate to the status of EU citizens. Providing certainty for this group of people is an important issue for the Government. That is why the Prime Minister, in her speech, made it one of our 12 priority objectives for negotiations.

Mr Jones

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I will not give way, I am afraid—I have very little time.

While these amendments call for different cut-off dates and vary in wording and terminology, they all share the same aim—to guarantee the status of EU nationals currently in the UK. The Government wholeheartedly agree with this aim. As my right hon. Friend the Prime Minister has said repeatedly, most recently this very afternoon, securing the status of EU nationals is one of the foremost priorities of this Government. We have stood ready to reach an agreement from the beginning, because it is not in anyone’s interest to allow any uncertainty over this issue to continue.

Mr Jones

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I will not give way because I have little time.

As the Prime Minister told the House this afternoon, the Government recognise that European citizens who are resident in the UK make a vital contribution both to our economy and to our communities. That contribution was highlighted very personally in the speech by my hon. Friend the Member for South Leicestershire (Alberto Costa). Without them, we would all be poorer, not least our important public services such as the national health service.

Mr Jones

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I will not give way any further.

This is less an issue of principle than of timing, with a few EU countries insisting that there can be no negotiation without notification, and that therefore nothing can be settled until article 50 is triggered. We could not be clearer about our determination to resolve this issue at the earliest possible opportunity, ensuring that the status of UK nationals in the EU is similarly protected. Some hon. Members have called for a unilateral guarantee now, but we have a very clear duty to UK citizens living in other EU member states, of whom there are about 1 million, to look after their interests and provide as much certainty as possible for their futures as well. Some hon. Members have suggested that we should, in effect, offer a unilateral guarantee to EU nationals in the UK while at the same time failing to achieve security for our own nationals abroad. That is a course that would carry the risk of a prolonged period of stressful uncertainty for them, which we are not prepared to accept. Only after we have passed this Bill into law can my right hon. Friend the Prime Minister trigger article 50—

Mr Jones

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I will take no further interventions; I am sorry. Only after the Bill has become law can my right hon. Friend the Prime Minister trigger article 50 and thus provide certainty not only to EU nationals living within our borders, but to our nationals overseas.

New clause 33 calls on the Prime Minister to set out a draft framework, especially with regard to the new immigration system, prior to notification. We have already set out in our White Paper that we will introduce an immigration Bill, and I reassure colleagues that Parliament will have a clear opportunity to debate and vote on the matter. The great repeal Bill will not change our immigration system; that will be done by a separate immigration Bill and subsequent secondary legislation. Nothing will change for any EU citizen, whether they are already resident in the UK or moving from the UK, without Parliament’s approval.

Mr Jones

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My hon. Friend makes an important point.

Mr Jones

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Bear with me. This will be a matter for negotiation in due course, but ultimately we must all be conscious of the fact that we are dealing with human beings—families, and people who are concerned about their futures and their careers. Not only do we have a duty in that regard, but there is a duty right across the European Union to protect the interests of those individuals.

Mr Jones

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I will give way in a moment. I can tell the House that I have discussed the matter on numerous occasions with my EU counterparts. They assure me that they fully understand that it is an issue of simple humanity that must be put at the top of the agenda when the negotiations commence. We must wait until the negotiations commence, and until they do, we must not make any concessions.

Mr Jones

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We owe the primary responsibility to our citizens in EU countries, but we also owe a duty to EU nationals in this country to ensure that their interests are protected. Frankly, this is a matter for their Governments, too.

This has been an interesting, lengthy and important debate, but I must resist all the new clauses and amendments.

The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)

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Thank you, Mr Hoyle. [Interruption.]

Mr Walker

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Thank you for your chairing of this debate, Mr Hoyle. [Interruption.]

Mr Walker

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This is a hugely important debate. [Interruption.]

Mr Walker

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Thank you, Mr Hoyle.

We have heard from all four corners of the United Kingdom. [Interruption.] Everyone who has spoken in the debate agrees on the importance of engaging closely with the devolved Administrations and legislatures as we embark on the forthcoming negotiations.

Mr Walker

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Engaging with the devolved Administrations and discussing their priorities is exactly what the Joint Ministerial Council on EU Negotiations was set up for. It brings together the constituent parts of the United Kingdom to discuss each Government’s requirement for the future relationship with the EU, and to seek a UK approach to and objectives for article 50 negotiations.

I recognise the spirit in which the hon. Member for Darlington (Jenny Chapman) presented her new clause, and I recognise her and her party’s dedication to the Union. However, the JMC is not a legislative or statutory body, and it would not be appropriate to change that in the way new clause 4 proposes. I say that not only for the reasons given by my right hon. Friends the Members for Forest of Dean (Mr Harper) and for West Dorset (Sir Oliver Letwin) and my hon. Friend the Member for Dover (Charlie Elphicke), but because it provides a neutral forum for confidential discussions, which this new clause would undermine.

When it comes to the new clauses and amendments, we take very seriously our responsibility to ensure that we get the best deal for every part of the United Kingdom—Scotland, Wales, Northern Ireland and indeed, as my right hon. Friend the Member for Wokingham (John Redwood) said, England—as well as for the UK as a whole.

Mr Walker

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I will give way to the hon. Gentleman, but I can give way only once.

Mr Walker

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The House voted for a programme Order, and that programme Order has been followed by the Chair.

We have not yet made final decisions about the format for direct negotiations with the European Union. That is a matter for the Prime Minister, representing the interests of the whole United Kingdom. Moreover, it is important to recognise that there are two sides to the negotiation, and we cannot say for certain how our side will progress until we know how the EU side will approach it. In the context of amendments 46, 55 and 88 and new clause 140, it is important to note that Supreme Court ruled—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 went on to state:

“The devolved legislatures do not have a veto on the UK’s decision to withdraw from the EU”.

While that provides welcome legal clarity, it in no way diminishes our commitment to working closely with the people and the devolved Administrations of Wales, Scotland and Northern Ireland as we move towards our withdrawal from the European Union.

I have made it clear that the Government will negotiate on the right approach for the whole United Kingdom. I pay tribute to the hon. Member for St Helens North (Conor McGinn), who made a passionate speech, and to the hon. Member for Foyle (Mark Durkan). They made important points about the significance of the Belfast agreement and its successors. I must emphasise to them that the position of the UK Government remains unchanged. Our absolute commitment to those matters is reflected in our White Paper, which mentions the Ireland Act 1949, as well as a commitment to the common travel area and our bilateral relations with the Republic of Ireland. While I accept all the points that the hon. Member for St Helens North made so well about the importance of respecting those agreements, I can assure him that the Government respect them, and I do not think that his new clauses are necessary.

We have heard a range of suggestions from Members on both sides of the House about how to engage the devolved Administrations and, indeed, every part of our United Kingdom. The Government will continue to do that through the JMC process, which is firmly established and which functions on the basis of agreement between the UK Government and the devolved Assemblies. We have also heard suggestions for huge constitutional reforms which are beyond the scope of the Bill. New clause 168 proposes that the Government establish a national convention on exiting the European Union. Amendment 91 requires a duty to consult representatives at every level of government, regions and the sectors.

I have already spoken about the role of the JMC, and Ministers throughout the Government are organising hundreds of meetings, visits and events involving businesses in more than 50 sectors across the United Kingdom. They are consulting a number of representatives, including the Mayor of London, who is mentioned in some of the amendments. New clause 168 would get in the way of those established processes, and the idea of a national convention would cause unacceptable delay to a timetable that the House has clearly supported.

We are committed to engaging closely with the devolved Administrations and all parts of the country to secure a deal that is in the best interests of the whole United Kingdom. However, as the Supreme Court ruled, relations with the EU are not a devolved matter, and no part of the UK is entitled to a veto. I urge Members not to press their new clauses and amendments, so that the Bill can make progress in the interests of the United Kingdom as a whole.

The Minister of State, Department for Exiting the European Union (Mr David Jones)

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I am grateful to the Secretary of State, and I think that this may be helpful—[Interruption.] Forgive me, the shadow Secretary of State. I hope that this will be helpful to him. He has mentioned the fact that the Government have made a commitment to a vote at the end of the procedure. Later, when I address the House, I will be outlining what I intend that vote shall be, but it may be of assistance to him now to know what is proposed. First of all, we intend that the vote will cover not only the withdrawal arrangements but also the future relationship with the European Union. Furthermore, I can confirm that the Government will bring forward a motion on the final agreement, to be approved by both Houses of Parliament before it is concluded. We expect and intend that this will happen before the European Parliament debates and votes on the final agreement. I hope that is of assistance.

Mr David Jones

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If it is of any assistance to the shadow Secretary of State and to the Committee, may I say that with your leave, Ms Engel, I hope to be able to speak immediately after him?

Mr Jones

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I had hoped to speak at the end of the debate, but it may be of assistance to the Committee if I deal with some of the matters that the shadow Secretary of State touched on. However, I do not want to go into the details of the various amendments that other hon. Members will no doubt wish to speak to. With your consent, Ms Engel, I will address them briefly at the end of the debate.

May I first repeat what I said to the shadow Secretary of State when I intervened on him a few moments ago? The Government have repeatedly committed from the Dispatch Box to a vote in both Houses on the final deal before it comes into force. That, I repeat and confirm, will cover not only the withdrawal agreement but the future arrangement that we propose with the European Union. I confirm again that the Government will bring forward a motion on the final agreement—

Mr Jones

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I will just finish the sentence, because it is rather important. The Government will bring forward a motion on the final agreement to be approved by both Houses of Parliament before it is concluded, and we expect and intend that that will happen before the European Parliament debates and votes on the final agreement.

Mr Jones

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I must preface what I am about to say by saying that we do not expect that we will not achieve such an agreement, but my right hon. Friend the Prime Minister has already made it clear that if we cannot come to an agreement, we will have to fall back on other arrangements. The Government have consistently been clear about that.

Mr Jones

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What the hon. Lady says is, of course, true. An agreement has to be negotiated by two sides, and it is always possible that we will not be able to achieve such an agreement, but I believe that we will. We have also made it clear that we see it as important that during the negotiations for the new arrangements, whatever they are, we consider what implementation period may be necessary following the agreements.

Mr Jones

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I fully appreciate the points that my right hon. and learned Friend is making. This is clearly going to be a complex, lengthy and difficult—

Mr Jones

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May I first deal with the point that my right hon. and learned Friend has made? After I have done so, I will come back to the hon. Member for Swansea West (Geraint Davies).

This will be a difficult and complex agreement, and the negotiation will, from time to time, be subject to reports to the House, to the Exiting the European Union Committee and so on. What we are proposing, and what I am committing to from the Dispatch Box, is that before the final agreement is concluded—the final draft agreement, if you like—it will be put to a vote of this House and a vote of the other place. That, we intend, will be before it is put to the European Parliament. That is as clear as I can make it.

Mr Jones

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I would have thought that, in the circumstance that this House had voted down the agreement, it would be highly unlikely that it would ever be put to the European Parliament. Of course, there are all sorts of scenarios to be considered.

Mr Jones

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Yes—before the agreement is finally concluded, in other words. That is the intention.

Mr Jones

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My right hon. Friend is right. Article 50 states that the negotiations for the withdrawal agreement should be set against the framework of the continuing relationship. On the face of it, a twin-track approach is envisaged in article 50.

Mr Jones

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It would depend on precisely what was agreed, but if there were no agreement at all, which I think is an extremely unlikely scenario, ultimately we would be falling back on World Trade Organisation arrangements. That is nothing new. It has been made very clear previously, including by my right hon. Friend the Prime Minister.

Mr Jones

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It is very hard to see what meaningful vote could be given if there had been no deal at all. Having said that, I have no doubt at all that in the absence of any agreement whatever, that absence of agreement would be the subject of statements to this House.

Mr Jones

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We are debating the issue at considerable length now. I have, on behalf of the Government, made what I believe is a serious commitment and it should be accepted as such. Frankly, in those circumstances, I see no need for a further amendment.

Mr Jones

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My right hon. and learned Friend makes a very fair point. As we proceed, we have to keep reminding ourselves that we are where we are because the United Kingdom has voted to leave the European Union. What we are seeking to achieve is a departure from the European Union on the best possible terms. I strongly believe that what the Government are proposing is as much as possible in terms of a meaningful vote at the end of the process.

Mr Jones

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I give way to the right hon. Member for Wolverhampton South East (Mr McFadden).

Mr Jones

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I think that I have already answered that extremely clearly. There will be a meaningful vote. The vote will be either to accept the deal that the Government will have achieved—I repeat that the process of negotiation will not be without frequent reports to the House—or for there to be no deal. Frankly, that is the choice that the House will have to make. That will be the most meaningful vote that one could imagine.

Mr Jones

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I will take one further intervention, from the hon. Member for Streatham (Mr Umunna).

Mr Jones

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I hear what the hon. Gentleman says, but frankly I cannot think of a greater signal of weakness than for the House to send the Government back to the European Union saying that we want to negotiate further. That would be seized on as a sign of weakness and therefore I cannot agree with it at all.

Mr Jones

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I would like to make further progress. I have taken a large number of interventions and I am sure that other hon. Members wish to speak.

Let me say this. It will be a meaningful vote. As I have said, it will be the choice between leaving the European Union with a negotiated deal or not. To send the Government back to the negotiating table would be the surest way of undermining our negotiating position and delivering a worse deal. In any case, we cannot unilaterally extend—

Mr Jones

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I give way for the final time to the right hon. Member for Leeds Central (Hilary Benn).

Mr Jones

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I will, if that will be of assistance to the right hon. Gentleman, although I did, in fact, read out the same words twice. I will read them again so that he fully understands the commitment that the Government have made. The Government have committed to a vote on the final deal in both Houses before it comes into force. This will cover both the withdrawal agreement and our future relationship with the European Union. I can confirm that the Government will bring forward a motion on the final agreement, to be approved by both Houses of Parliament before it is concluded. We expect and intend that that will happen before the European Parliament debates and votes on the final agreement.

Mr Jones

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I will not take any further interventions; I have already been more than generous.

I turn to the amendments. The shadow Secretary of State has referred to his new clauses 1, 18, 19, 28, 54, 110, 137, 175 and 182, which all seek, in one way or another, to ensure that Parliament will have a vote on the final deal that we agree with the European Union. Let me assure Members again, as I have said in answer to interventions, that the House will be involved throughout the entire process of withdrawal. Again, I remind the House of the extent of the Secretary of State’s engagement.

Mr Jones

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With huge respect, I am not entirely sure that the right hon. Gentleman understands the process. At the end of the day, the role of the European Parliament will be to grant or withhold consent to the deal agreed by the European Council, and there can be no assurance that there would be further negotiations. May I say that we are some considerable way away from that position. As I have said, as the negotiations proceed, there will be very many more opportunities—many, many more—for this House and the other place to consider the negotiations.

Mr Jones

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I am afraid not; I have already been very generous.

I was reminding the House of what the Secretary of State has already done in terms of engagement. He has made six oral statements and there have been more than 10 debates—four in Government time. More than 30 Select Committee inquiries are going on at the moment. Furthermore, there will be many more votes on primary legislation between now and departure from the European Union.

I suggest that the amendments that I have referred to are unnecessary. I reiterate that both Houses will get a vote on the final deal before it comes into force and I can confirm, once again, that it will cover both the withdrawal agreement and our future relationship. However, we are confident that we will bring back a deal that Parliament will want to support. The choice will be meaningful: whether to accept that deal or to move ahead without a deal.

Mr David Jones

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Thank you very much indeed, Ms Engel, for giving me a second bite of the cherry.

May I deal first with the points made by my right hon. Friend the Member for Chichester (Mr Tyrie), the Chair of the Treasury Committee? He asked direct questions that had been raised during the debate. I thought that I had answered them with some clarity, but I am happy to clarify further. First, he asked what this honourable House would be asked to approve. It would be the final agreed draft of the agreement before it was submitted to the European Parliament. He mentioned that we had indicated that we expected and intended that that would happen before the European Parliament debated the agreement. The reason why that formulation is used is that what the Commission does with the information it sends to the European Parliament is out of our hands. Although we would do our very best to ensure that the House voted first, we cannot control what the Commission does.

My right hon. Friend raised the issue of equivalence. Of course, the difference is that the European Parliament has a role prescribed for it in article 50, but this House does not. In practical terms, I suggest that a vote of this House would be a matter of significance. Finally, he raised transitional arrangements, which have been mentioned by a number of hon. Members. As the Prime Minister has already made clear, it is our intention, if necessary, to look to a period of implementation for whatever arrangement we arrive at with the European Union.

Mr Jones

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I will, briefly.

Mr Jones

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What we have sought to do today is to provide clarity, and I hope that, through my previous contribution and now, I am providing that clarity. It would indeed be the final draft agreement that we would contemplate being put before the House.

As I was saying, this has been an important debate and the quality of the contributions has been extremely high. As my right hon. Friend the Member for Broxtowe (Anna Soubry) said, we have to remember that this will be the most important negotiation that this country has entered into for at least half a century. It is therefore entirely right that the House should play an important part in the process of the negotiation of the agreement.

I have heard the words “rubber stamp” being used, but that is far from what the Government have in mind. We have every intention that, throughout the process of negotiation, the House will be kept fully informed, consistent with the need to ensure that confidentiality is maintained. I do not think that anyone would regard that as an unreasonable way forward. My right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) highlighted the need for reporting, and the Government intend to do that.

I should like to speak about a number of other measures that I have not dealt with previously, but which have attracted attention in the debate. New clause 18 would specify that any new treaty with the EU should not be ratified except with the express approval of Parliament. I can only repeat the commitment that I have made several times this afternoon at the Dispatch Box: there will be a vote on the final deal.

Mr Jones

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That is absolutely right. The suggestion that the Government would not keep the House informed is really unworthy, given that we have been scrupulous in doing so thus far.

New clause 110 is similar to new clause 18, but it also specifies that any new relationship would be subject to approval by a resolution of Parliament. I believe that the measure is unnecessary. It asks for a vote of each House on a new treaty or any new agreement reached with the EU, but I repeat again that there will be a vote on the final draft treaty and any other agreement. In any event, as my hon. Friend the Member for Esher and Walton (Mr Raab) pointed out, it calls for a vote before terms are agreed, leaving it open to the Commission to change its mind or position without any apparent recourse for this place.

Mr Jones

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I will not give way as I have very little time.

New clause 137 would require the Government to seek to negotiate a new agreement with the EU if Parliament rejects a deal. Again, I reject the measure. Although we are confident that we will achieve a deal acceptable to Parliament, if Parliament were to reject that deal, it would be a sure sign of weakness, as I have said, to return to the EU and ask for other terms. We would be likely to achieve only a worse deal. Furthermore, there is no obligation on the EU to continue negotiating with us beyond the two-year period specified in article 50.

New clause 175 would effectively require the Government to request that we remain a member of the EU if the terms were not approved by Parliament. Frankly, to do so would be to betray the outcome of the referendum, and the Government are not prepared to accept that. I must make it absolutely clear that the Government want Parliament to be engaged throughout this process.

Mr Jones

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That is absolutely ludicrous. The European Parliament’s role comes at the end of the process; it has oversight to the extent that it rubber-stamps the agreement or not.

New clauses 18 and 19 would require any new treaties agreed with the EU to be subject to the ratification of Parliament. We have always said that we will observe the constitutional and legal obligations that apply to the final deal, and that remains the case. As we have confirmed, the final agreement will be subject to a vote of this House before it is concluded.

Mr Jones

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For the very last time.

Mr Jones

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We will, of course, consider all the recommendations of the Select Committee and respond formally to its report in due course.

We approach the negotiations not expecting failure, but anticipating success. Let me remind Members that we are seeking in the Bill to do one simple, straightforward thing: to follow the instructions we received from the British people in the referendum. Remaining a member of the European Union is not an option. The process for leaving the EU is set out in article 50, and it is not within our power unilaterally to extend the negotiations.

New clause 99 envisages yet another Act of Parliament to approve the arrangements for our withdrawal and our future relationship with the EU. It would require yet another Act of Parliament for us to withdraw from the EU in the absence of a negotiated deal. The new clause is wholly otiose. While we are ready for any outcome, an exit without a trade agreement is emphatically not what we seek. However, let me be clear that keeping open the prospect of staying in the EU, as is envisaged by new clause 99, would only encourage the EU to give us the worst possible deal in the hope that we would change our mind.

Amendment 43 calls for a referendum on our membership of the European Union after we have negotiated a final deal. That was tabled by the Liberal Democrats.

This has been an important debate. We have considered the new clauses and amendments very carefully but, for all the reasons I have given, we reject them and invite Members not to press them to a Division.

The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)

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What a remarkable debate this has been. I congratulate the hon. Member for Glasgow North (Patrick Grady) on speaking for 58 minutes and for the ingenuity with which he made sure that the Committee heard so many Scottish voices. It will be clear to those who read the record that the voice of Scotland has been heard loud and clear in scrutinising this Bill.

I congratulate the hon. Member for Greenwich and Woolwich (Matthew Pennycook) on making a clear and concise speech. Indeed, other hon. Gentlemen in the Chamber could have learned from his conciseness.

Mr Walker

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I will come back to the hon. Lady later, because I suspect she wants to address environmental issues and I will come to those in my speech.

Our programme of analysis is important in enabling us to seize the opportunities and in ensuring that our EU exit is a smooth and orderly process. As we discussed yesterday, the Joint Ministerial Committee on exit negotiations was set up to develop a UK-wide approach to the forthcoming negotiations. I know that analysis has been and can be exchanged confidentially through that forum. The Committee should be in no doubt that policy relating to EU exit is underpinned by rigorous and extensive analytical and assessment work. As with all internal analytical work in government, it is not the standard practice to give a public commentary as the analysis develops.

We have said all along that we will lay out as much detail as possible on EU exit, provided that doing so does not risk damaging our negotiating position. The House voted on a motion that confirmed that there should be no disclosure of material that could damage the UK in negotiations. In any negotiation, information on potential economic or financial considerations is very important to the negotiating capital and position of all parties.

Most of the new clauses and amendments would require the Government to publish analysis or assessment work before the process of negotiating with our European Union partners begins and, indeed, before the Prime Minister provides a notification under article 50, as Government Members have pointed out repeatedly. Those include new clause 5, which stands in the names of the Leader of the Opposition and many other Members; new clause 49, which stands in the names of the hon. Member for Pontypridd (Owen Smith) and many other Members; and new clause 143, which stands in the name of the hon. Member for North East Fife (Stephen Gethins) and many other SNP Members; as well as more than 40 other proposals that I do not intend to list. The common requirement is that we publish information at a time when it could either delay the triggering of article 50 or jeopardise the UK’s negotiating position. That runs contrary to the approach that has already been accepted by this House. For that reason, I cannot accept those new clauses and amendments.

I want to touch briefly on amendments 24 to 26, which were tabled by the hon. Member for Ilford South (Mike Gapes) to ensure that the Government take account of our responsibilities to represent the interests of Gibraltar, the Crown dependencies and the overseas territories. I assure him that we are doing exactly that. The amendments are not necessary. I met the members of the Joint Ministerial Council for the overseas territories this morning to take their views on board in this process.

Mr Walker

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The hon. Gentleman makes a very fair point. I am very pleased to say to him that the very first debate I replied to as a Minister—the hon. Member for Glasgow North (Patrick Grady) was kind enough to name Westminster Hall “Brexit Minister Hall”, because of the number of debates we have had there on this issue—was on Gibraltar and the impact of leaving the European Union. Colleagues across the House represent the interests of Gibraltar extremely well. I have had regular and productive meetings with the Chief Minister of Gibraltar, Fabian Picardo, who has made sure that its voice is heard very clearly by the UK Government. All the Chief Ministers of the overseas territories are being consulted, as are the Crown dependencies.

As a former Parliamentary Private Secretary to the Secretary of State for Women and Equalities, I welcome the interest in new clause 98, which makes reference to the Equality Act 2010 and protected characteristics. We are, of course, assessing a wide range of impacts as we develop our negotiating position, and we will continue to do so throughout the negotiation period. The Equality Act already provides a strong framework to ensure that the UK is well placed to continue driving equality forward. I assure the Committee that all the protections covered in the Equality Act 2006 and the Equality Act 2010 will continue to apply once the UK has left the European Union.

The Prime Minister has been clear: we want the UK to emerge from this period of change stronger, fairer, and more united and outward-looking than ever before. We want to get the right deal abroad, but ensure we get a better deal for ordinary working people at home. In the White Paper, we set out our ambition to use this moment of change to build a stronger economy and a fairer society by embracing genuine economic and social reform.

New clauses 42 to 48 and new clause 187 were tabled by the hon. Member for Bishop Auckland (Helen Goodman) who, sadly, is no longer in her place. What they have in common is a requirement for the Government to publish impact assessments no later than 18 months after Royal Assent. We cannot know, however, that 18 months after Royal Assent we will not still be engaged in negotiations with the European Union. If we were, those negotiations might be at an important and decisive stage. The new clauses could significantly jeopardise our negotiating position, so I hope the hon. Lady will not press them.

Similarly, new clause 167, in the name of the hon. Member for Feltham and Heston (Seema Malhotra), requires publication no later than 12 months after Royal Assent, and new clause 17, in the name of the hon. Member for Nottingham East (Chris Leslie), specifies publication 30 days after the Act comes into force. In each case, I reiterate and amplify my previous objection that the United Kingdom might well be in the middle of negotiations with the European Union.

I turn now to the new clauses tabled by the hon. Member for Penistone and Stocksbridge (Angela Smith) and others, including new clauses 101, 102, 103, 106 and 107. I would be happy to give way to the hon. Member for Brighton, Pavilion (Caroline Lucas) on the matter of the environment at this point.

Mr Walker

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The hon. Lady raises very important points, which we will debate in detail when we come to the great repeal Bill. On Euratom, we absolutely want to continue to collaborate internationally to achieve the best and highest standards of nuclear safety, as well as to continue to work on nuclear research, where our country has been a global leader.

On the environment, the Prime Minister made very clear in her speech that Parliament will have the opportunity to debate and scrutinise any policy changes that result from our exit and the forthcoming negotiations. I have given evidence to the Environmental Audit Committee and have appeared before the House on a number of occasions. I have been clear that the UK will still seek to be an international leader on environmental co-operation. As part of the great repeal Bill, as the hon. Lady says, we will bring current EU law, including the current framework of environmental regulation, into domestic British law. We will ensure that that law has practical effect. This will preserve protections, and any future changes in the law will be subject to full parliamentary scrutiny. This House will therefore have the opportunity to debate this and other topics throughout the process.

That and future debates will no doubt draw on many assessments of what leaving the EU will mean for a wide variety of issues. The Government will also shortly be launching two closely linked Green Papers on food, farming and fisheries, and on the environment. They will be the next important stage in our dialogue on future policy with industry, environmental non-governmental organisations and the wider public.

No one can say what the final elements of the new agreement with the EU will be, and we do not know exactly how the timetable will work after negotiations are concluded. Parliament will have its say, but so too will others. Greater certainty will emerge as we go through the process, but for now there remain unknowns. For these reasons, we do not consider it wise or prudent to fix now in statute what the Government must publish at the end of a process that has not even begun or been timetabled. Doing so would constrain the flexibility of the UK Government at the end of the process and therefore potentially during negotiations. I come back to the simple purpose of the Bill—to allow the process of negotiation to begin and, in so doing, to respect the decision of the people of the UK in the referendum.

New clause 167, on young people, was also tabled by the hon. Member for Feltham and Heston, who unfortunately has had to leave us. I recently participated in a roundtable, along with colleagues from the Department for Culture, Media and Sport, with a wide range of young people from all over the country—from Scotland, Northern Ireland, Wales and England—to talk about their views on Brexit. It was interesting to hear from groups such as Undivided, bringing people together from both sides of the campaign to talk about the future. Every Member wants to focus on delivering a bright future for the young people of the UK, so I welcome the intention behind the new clause, but we can do that by coming together to represent the 100%, focusing on the future, getting the right deal for the UK in a new partnership with the EU and working together to deliver the opportunities those young people want.

Unfortunately, the new clause would require us to produce an economic analysis and so put us in the position of potentially giving information to the other side in the negotiations that could prejudice our position. The new clause also mentions the importance of Erasmus. The Government recognise the value of international exchange for students and are considering all the options for collaboration in education and training post-Brexit. In the spirit of looking to the future, however, we should not use the Bill to publish information that could undermine our negotiating position.

For all the reasons I have set out, I hope that hon. Members concerned will not press their amendments. We will produce careful assessments of the vast majority of these factors as we prepare for and take part in the negotiations, and we will use them as evidence to protect the national interests of the United Kingdom, but we cannot and should not commit to putting that information into the hands of the other side. Well intentioned as the amendments are, I urge the Committee to reject them so that we can get on with the Bill in the interests of the whole United Kingdom.

The Minister of State, Department for Exiting the European Union (Mr David Jones)

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indicated assent.

Mr David Jones

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rose—

Mr Jones

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I am grateful to the right hon. Gentleman for giving way. I have resisted intervening throughout the course of the debate, but I think I can help him to this extent: I do not know whether he was present during the wind-ups on Second Reading, but I informed the House that the Government have no plans to withdraw from the European convention on human rights.

Mr David Jones

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I have listened to a large number of very important contributions this afternoon from right hon. and hon. Members, and a large number of proposals have been considered. I hope that the Committee will forgive me if I say that I prefer—

Mr Jones

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I will give way once and no more.

Mr Jones

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I commend the hon. Gentleman for his enthusiasm and say that the House has voted for and adopted a programme motion.

Mr Jones

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That is what I was about to say. I would like to address all the amendments if I can, so I hope that the House will forgive me if I take no further interventions.

The amendments serve as a valuable reminder of the numerous important matters that will need to be considered and discussed throughout the process of negotiation. They seek to ensure that specific aspects of our future relationship with the European Union are prioritised by the Government. Let me take this opportunity to tell the House once again that we are committed to delivering the best possible deal for the whole of the United Kingdom. However, we can only set about delivering that deal after we have triggered article 50. It is not appropriate, therefore, to seek to tie the hands of the Government on individual policy areas at this stage; that could only serve to jeopardise our negotiating position.

I will do my best to respond to each of the amendments, given their broad scope, but for the avoidance of doubt, there is a common response to them all: elementally, this is a straightforward procedural Bill that serves only to give the Prime Minister the power to trigger article 50 and thereby respect the result of the referendum. As a consequence, these amendments are not for this Bill. Instead, they are for the many future debates that will take place in this House and the other place—

Mr David Jones

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Thank you, Ms Engel. The amendments will be debated at a later stage.

New clauses 2, 7, 100, 163 and 193, as well as amendments 32, 34, 40 and 55, would require the Prime Minister either to have regard to, or to set out in a report, a number of matters prior to triggering article 50. Those include, but are not limited to, the common travel area with the Republic of Ireland and the preservation of peace in Northern Ireland; tariff-free trade with the European Union; workers’, women’s, human, civil, social and political rights; climate change and environmental standards; and the British economy and economic model. The White Paper published last week sets out our strategic aims for the negotiations and covers many of the topics that hon. Members have addressed in these and other amendments.

With regard to the common travel area, for instance, we have already stressed that we are committed to working with both the Irish Government and the Northern Ireland Executive to recognise the unique economic, social and political context of the land border between the UK and Ireland. We have also made it clear that we are seeking a bold and comprehensive free trade agreement with the European Union that is as tariff-free and frictionless as possible.

On new clause 7, which concerns the preservation of EU tax avoidance measures, the Prime Minister has made it very clear that we will convert the acquis into British law, and that it will then be for the British Parliament to decide on any changes to that law, with appropriate scrutiny. Similarly, amendments 7, 9 and 38 to clause 1 and new clauses 16, 70 and 133 seek to require the Government to commit to a position on specific issues before triggering article 50. Amendment 7, for example, seeks to ensure that the UK continues to participate in EU common foreign and security policy after withdrawal from the European Union. A matter such as that cannot be resolved through unilateral action and, instead, must be clearly addressed through discussion with the other 27 member states of the EU. We have been clear that we want to see continued close co-operation on foreign and security policy with European partners, but those discussions can begin only after article 50 has been triggered.

New clause 16 is designed to ensure that the employment rights of those living or working in the UK will be unaffected by the Bill. The Government have made it clear that not only will there be no change to employment protections as a result of triggering article 50, but we will protect and enhance the rights people have at work.

Mr Jones

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No, I will not give way.

I am grateful for the contributions of Members to this Committee stage. The Bill respects the judgment of the Supreme Court. I urge right hon. and hon. Members to support both clauses of the Bill. Clause 1 gives the Prime Minister Parliament’s authority to notify the European Council of the UK’s intention to withdraw from the EU. It also makes it clear that this power applies notwithstanding the European Communities Act 1972; this is to address the Supreme Court’s conclusions on the status of the 1972 Act. I urge all right hon. and hon. Members who have tabled amendments not to press them to a Division, so that we can make progress with the Bill, start the process of withdrawal and work to deliver a deal that respects the vote of the British people in the referendum.