EU Exit Day Amendment

David Jones Excerpts

Wednesday 27th March 2019 Commons Chamber

[Mr Walker]

The hon. Lady makes a political point, which is not particularly appropriate for a debate on technical legislation. The instrument has been laid under the EU withdrawal Act to do just what I said. Section 20(4) of the Act contains a power to amend exit day through a statutory instrument.

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

The Minister mentioned that the European Council agreed an extension. There was a resolution of this House to seek to agree an extension, which I suggest amounts to an authority to negotiate. Has he been advised that that also amounted to an authority to conclude an extension? Did he get legal advice on that point?

[Mr Walker]

I know that my right hon. Friend is a keen legal eagle, as well as an experienced former Minister in this Department, but of course the Government are confident of their legal position in the decisions that they have taken.

The power was specifically included in the EU withdrawal Act because parliamentarians envisaged a situation in which extension could be required. As the then Under- Secretary said, the Government had had discussions with Back Benchers and were grateful that they tabled their amendments, which

“provide the Government with the technical ability to amend the date, but only if the UK and the EU unanimously decide to change the date at which treaties cease to apply to the UK, as set out in article 50.”—[Official Report, 20 December 2017; Vol. 633, c. 1155.]

No-deal EU Exit Preparations

David Jones Excerpts

Wednesday 20th March 2019 Commons Chamber

[Chris Heaton-Harris]

As a matter of fact, the best way to prevent that from happening is to vote for the Prime Minister’s deal.

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

My hon. Friend has acknowledged that the default position is that this country will leave the European Union on 29 March without a deal. Can he tell us in what circumstances the Government will conclude that a deal is impossible, and does he not accept the point made by my hon. Friend the Member for Basildon and Billericay (Mr Baron) that the public are entitled to reassurance in that regard?

[Chris Heaton-Harris]

I should like to think that we are giving some reassurance through the vast array of publicly available information on how we are preparing for no deal, and, indeed, through the ongoing advertising campaign that I described in my statement. In my personal view, leaving without a deal is—I know that some Members do not like this word—suboptimal. The optimal way of leaving is with a deal that takes no deal off the table completely. However, we are as ready as we can be at this point, and the huge amount of information that is in the public domain should give his constituents and mine the reassurance that they deserve. [Interruption.]

EU Withdrawal Joint Committee: Oversight

David Jones Excerpts

Wednesday 20th March 2019 Commons Chamber

[Kwasi Kwarteng]

On the hon. Gentleman’s first point, I would like to put it on the record that we have an extremely fine and professional body of civil servants. I think that that is undisputed in this House. On the second point, as I have said on a number of occasions, we hope and expect to have full involvement and engagement with the devolved Administrations.

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

Annex VIII of the withdrawal agreement provides that the Joint Committee will be co-chaired by a member of the European Commission and a Minister of the British Government or, alternately, a “high level official”. Given the hugely important role that this Committee will play in the governance of this country, does not my hon. Friend agree that, as far as the British side is concerned, the chairman or chairwoman should always be a Minister rather than an official, so that he or she is answerable to this House? Is he prepared to give an undertaking to this House today that that will always be the case—if, of course, the withdrawal agreement is ever concluded?

[Kwasi Kwarteng]

It is absolutely the intention of this Government to have ministerial responsibility, ministerial attendance, at meetings of the Joint Committee. We fully envisage that that will be the case.

European Union (Withdrawal) Act

David Jones Excerpts

Wednesday 9th January 2019 Commons Chamber

[Stephen Barclay]

My right hon. Friend brings me on perfectly to the next phase of my speech, which is about the role of Parliament, how we look at the decision on extending the implementation period, and how we avoid that. We will continue to work closely with Stormont, Holyrood and the Welsh Assembly, especially on the future frameworks, which will strengthen decision-making abilities and allow for decisions previously made at EU level to be made locally. Indeed, as I said, we want to learn from this and engage with Parliament in a much more targeted way. As the Prime Minister has made clear, the Government’s intention is to ensure a greater and more formal role for Parliament in the next stage of negotiations.

The withdrawal agreement provides that if the future relationship or alternative arrangements to supersede the backstop were not going to be ready by the end of 2020, either the Northern Ireland protocol would apply or the United Kingdom could seek to extend the implementation period for up to one or two years from the start of 2021, with any extension needing to be agreed by 1 July 2020. Should that situation arise, the view of Parliament would be crucial. I am pleased to say that we will accept the amendment tabled by my right hon. Friend the Member for East Devon (Sir Hugo Swire), which will cement Parliament’s role in that process by requiring a vote on whether to seek to extend the implementation period or bring the backstop into effect. On the point that my right hon. Friend the Member for Derbyshire Dales (Sir Patrick McLoughlin) makes, by accepting that amendment, we give Parliament much more of a say on this issue of concern about the triggering of the backstop.

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

rose—

[Suella Braverman (Fareham) (Con)]

rose—

[Stephen Barclay]

I will happily take interventions from two former Ministers, both of whom served with distinction in the Department for Exiting the European Union.

[Mr David Jones]

Does my right hon. Friend not accept that extending the transitional period would merely amount to kicking the can down the road, and that to solve the problem of the Irish backstop, which it is generally agreed across the House is the most repugnant element of this withdrawal agreement, what is needed is a rewording of the withdrawal agreement? Has he agreed a rewording of that agreement?

[Stephen Barclay]

No, because, as I have said on a number of occasions, whichever deal we have will need the elements we have talked about in respect of the withdrawal agreement, including a backstop. Let us not forget what that is about. It is about asking, because of the unique circumstances of Northern Ireland—because it is the only part of the United Kingdom with a land border, and because of its history in terms of the peace process—how we provide a guarantee. It is like insurance; one does not want to have to call on it, but how do we ensure that there is a guarantee to address the concerns that the hon. Member for North Down (Lady Hermon) set out?

EU Withdrawal Agreement: Legal Changes

David Jones Excerpts

Monday 7th January 2019 Commons Chamber

[Stephen Barclay]

I am grateful to the hon. Gentleman for acknowledging that we have a genuine plan for the NHS, and I pay tribute to the work of the Prime Minister and the Secretary of State for Health and Social Care on that.

On what people say to me and other Members, I am always slightly wary of that, because it is somewhat subjective, and people have a tendency to select the conversations that suit their argument, but the majority of comments I have had from constituents demonstrate a desire for us to get on with it, back the deal, move forward and end this period of divisiveness. That said, I am sure the hon. Gentleman will have had different conversations with different constituents.

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

My right hon. Friend has said that the withdrawal agreement, which we intend to recommence debating this week, represents the best deal and the only deal. Are we to infer from that that any legal assurances we may expect to receive from the European Union will stop short of a rewording of that agreement?

[Stephen Barclay]

My right hon. Friend, as an ex-Minister in this Department, will understand these issues extremely well. As I said in my opening remarks, we will update the House on the conversations the Prime Minister has had with European leaders in the debate starting later this week, and we will comment further on the nature of the assurances at that point.

European Union (Withdrawal) Act 2018: Statutory Obligations on Ministers

David Jones Excerpts

Tuesday 11th December 2018 Commons Chamber

[Mr Walker]

The right hon. Gentleman asks an important question, and I think I have already provided the answer. Let me just repeat the line towards the end of my statement in answer to this urgent question: in the unlikely and highly undesirable circumstances that, as of 21 January, there is no deal before the House, the Government would bring a statement to the House and arrange for a debate, as specified by the law. That answers his question precisely.

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

Section 13(2) provides that the meaningful vote should, so far as practical, be held before the European Parliament decides whether to consent to the withdrawal agreement. The withdrawal agreement has been concluded, but not approved. Will my hon. Friend assure the House that the meaningful vote will take place before the European Parliament makes that decision?

[Mr Walker]

Yes, I am happy to give my right hon. Friend that assurance.

EU Exit Negotiations

David Jones Excerpts

Tuesday 9th October 2018 Commons Chamber

[Dominic Raab]

All I will say to the hon. Gentleman is that we are ambitious for our post-Brexit relationship with the EU. The economic news from the Bank of England on GDP accelerating in growth terms and rising real wages is important. This is the moment to go into these negotiations with some economic self-confidence and political ambition. If we do that, this country’s best days lie ahead.

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

The Japanese Prime Minister recently declared that Japan would welcome the United Kingdom into the Trans-Pacific Partnership “with open arms”. Does my right hon. Friend agree that membership of the TPP is highly attractive and should be pursued? Does he also agree that membership of it is virtually impossible for so long as we remain part of the customs union?

[Dominic Raab]

My right hon. Friend makes a very important point. We want to pursue trade deals, whether with the US or Asia-Pacific countries, precisely because it is better than purely leaving on no deal and WTO terms. I certainly accept the premise and the assumption underlying his question, which is that we should not allow ourselves to remain in the customs union, because we would then avoid all the opportunities of Brexit that we need to grasp.

Brexit Negotiations and No Deal Contingency Planning

David Jones Excerpts

Tuesday 4th September 2018 Commons Chamber

[Dominic Raab]

In this negotiation, there are efforts—on both sides, in fairness: the EU side and UK side—to apply pressure. Honestly, I would not be listening to or referring to warnings or forecasts made by the other side in this negotiation; I would be showing a bit of mettle and standing up for this country.

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

On Sunday, the Prime Minister wrote that she would

“not be pushed into accepting compromises on the Chequers proposals that are not in our national interest”.

Are we to infer from that that the Government are prepared to consider compromise on the Chequers proposals? If so, what sort of proposals does my right hon. Friend consider would be in the national interest?

[Dominic Raab]

I congratulate my right hon. Friend on all the hard work that he has done to get us to this point, both ministerially and in the House, and on the no deal preparation. He is perhaps over-reading the Prime Minister’s words. We are very clear that we have set out a strong proposal that deals with all the outstanding issues on frictionless trade, but allows us to have an independent trade policy. It is good for the United Kingdom in those respects, but also good for the EU. We will be pressing for a resolution and swift conclusion of the negotiations in the coming months, around those proposals.

EU Withdrawal Agreement: Legislation

David Jones Excerpts

Tuesday 24th July 2018 Commons Chamber

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

May I commend my right hon. Friend for restating so robustly that the payment of any financial settlement will be conditional on an agreement on the future relationship with the EU? Will he confirm that the necessary flexibility to accommodate that conditionality will be built into the Bill?

[Dominic Raab]

My right hon. Friend heard what I said in my statement. The most important thing is that we are clear that there is no deal until the whole deal is done, and it will be important to establish that linkage in the withdrawal agreement directly.

EU: Future Relationship White Paper

David Jones Excerpts

Thursday 12th July 2018 Commons Chamber

[Dominic Raab]

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

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

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

[Dominic Raab]

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