European Union (Withdrawal) Acts

Debate between Keir Starmer and Anna Soubry

Saturday 19th October 2019 Commons Chamber

[Keir Starmer]

I am concerned about the position in Northern Ireland, and the Secretary of State quoted me on this earlier. It is true that I and the Labour party had reservations about the backstop—I am not sure that there were many people who did not have reservations about it—but on analysis, we thought that it was right for Northern Ireland and therefore, we focused our attention on the political declaration. I criticised it; I said what I thought was wrong with it. I was critical, for example, of the fact that it did not hardwire dynamic alignment of workplace rights, but ultimately, we thought that upholding the Good Friday agreement was more important and more significant.

I will also say this, because again, it is very important to read the small print: while it is true that the current deal says that Northern Ireland remains, as it were, in the UK’s customs territory, it goes on to explain that for goods going into Northern Ireland, the only ones that escape going effectively into the EU’s customs union are those that are at no risk of going beyond Northern Ireland and are not going into manufacturing, so the volume of goods that cross the border that truly are treated as if Northern Ireland is in the customs union is only that small category. The burden of proving that is on the person who is exporting. Can the Secretary of State, or anybody, explain how that can operate without very careful and extensive checks?

[Anna Soubry (Broxtowe) (IGC)]

The right hon. and learned Gentleman is making a powerful speech. He makes a good point about the backstop, because it was indeed a backstop: it was there in the last event, as it were. Does he agree that this is a new agreement, especially in relation to Northern Ireland? This is not a backstop; this is their future, and essentially it is in perpetuity. He is providing careful analysis to the House— I can see right hon. and hon. Members understanding and listening—but frankly the danger is that we will be bounced into a decision today with terrible consequences for our Union and our country.

[Keir Starmer]

I agree. I will develop that point in a moment, but I will take a further intervention first.

European Union (Withdrawal) Act

Debate between Keir Starmer and Anna Soubry

Monday 25th March 2019 Commons Chamber

[Keir Starmer]

I could not agree more. It is a matter of record that the Prime Minister did not want a vote even on triggering article 50, on which we got a vote only because of a Supreme Court decision. She did not want a meaningful vote, which we got, in the teeth of the Government whipping against it, only because we won a vote. It is true that, every time, the Government have whipped strongly against any amendments about objectives, including a very controversial whipping exercise in the summer that threw up a debate about maternity leave. The idea that the Government have been genuinely open to debate, and have been willing to listen to where the House is, is just not true. We really should have gone through this exercise two years ago, but I understand the argument that we are where we are and we now have to find a way forward, which is why we support amendment (a).

If we are to find a way forward, we need to be clear about what we are not prepared to do. There is no way forward that includes blaming Members of this House for the mess we are in. There is no way forward that includes whipping up a sense of the people versus MPs. There is no way forward based on the notion that Members on either side of the House who persistently and forcefully advance their views, whatever those views may be, are indulging in some kind of illegitimate exercise—they are not. They are making important points on behalf of their constituents and in the national interest. They are doing their job.

I heard the Prime Minister say earlier that she did not intend her comments last week to have that effect, and I am not sure what I am more concerned about: that she made the comments, or that she did not appreciate how they would be heard in the environment in which we live. Nor can we find a way forward based simply on the proposition of putting and reputting the same meaningful vote. The fact that we are even discussing meaningful vote 3, or even meaningful vote 4, only has to be said to be seen to be absurd. The deal has been roundly rejected twice. We now need to move on, and I hope we can begin that process tonight.

[Anna Soubry]

The right hon. and learned Gentleman will have listened with great care to what the Minister for the Cabinet Office said about the Government’s alternative if amendment (a) fails to win a majority. Does he share my concern that the Government would, in effect, only allow indicative votes on the political declaration? The assumption would be that the withdrawal agreement will go through and cannot be touched or amended. In that event, is this nothing more than a Government ruse to get the withdrawal agreement through via some back-door method?

[Keir Starmer]

I am grateful for the right hon. Lady’s intervention. I listened carefully to what the Minister for the Cabinet Office said in relation to the withdrawal agreement. This is no disrespect to him, because I do respect him, but trust in the Government is not where it should be. This is not to disrespect anyone sitting on the Government Front Bench, but when we voted to take a no deal off the table, and when we voted on an extension, we were voting on the basis of what he said from that Dispatch Box about a short extension, in the event that the meaningful vote failed, being reckless.

When the letter to President Tusk was written last week, some of us were therefore taken aback and did not think it reflected what this House had decided. That is now one of the problems in relation to this exercise, because there is a lack of trust. If amendment (a) is not passed this evening, we may find that we are not where we thought we would be when we get to Wednesday, Thursday and Friday—it would not be the first time.

The decision of the European Council to grant an extension to article 50 was a necessity and, in truth, the only way to prevent our leaving without a deal on 29 March, but, as I have said, any extension must be for a purpose, which is why we need to come together to decide that purpose. The Minister for the Cabinet Office said two weeks ago, and he elaborated on it today, that the Government would consult the other parties through the usual channels and work to provide a process by which the House could form a majority to take things forward. It seems that the Government agree with what amendment (a) intends to achieve. If it is passed, MPs will decide the options, which is right. The Government say that would give too much control to MPs, but then they say, “If it doesn’t go through, we will provide the time. As for the options, that should be for MPs.” If the Government are true to what they say, MPs will decide the options in any event, so the easiest thing would be for the Government simply to signal that they accept the amendment. We could then foreshorten the debate, move forward and start the discussion on how the process will actually work.

Amendment (d), in the name of the Opposition, seeks to achieve that purpose, and amendment (a), in the name of the right hon. Member for West Dorset (Sir Oliver Letwin) and others, does so, too. We will be supporting both amendments this evening.

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[Keir Starmer]

I certainly accept the proposition that the EU has said that the withdrawal agreement is not for reopening at any stage, and it has resisted that for month after month from the Government. But I remind myself and the House that in the letter that Presidents Tusk and Juncker wrote to the Prime Minister in January they were clear that the withdrawal agreement and the political declaration are part of the “same negotiated package”. I believe those were their words. I also remind myself and the House that under section 13 the withdrawal agreement and the political declaration go together. That does not mean that there are not different views on the agreement and on the declaration, but they are part of the same negotiated package.

[Anna Soubry]

rose—

[Keir Starmer]

I am going to make some progress now, because I wish to indicate that we would have supported amendment (c) and that we do support amendment (f), tabled by my right hon. Friend the Member for Derby South (Margaret Beckett). Amendment (f) addresses a different point, which is how to prevent a no-deal outcome and ensure that the House can shape the extension process. We thought we had cleared up those matters some weeks ago, but it is important that we come back to my right hon. Friend’s amendment so that we can reassert the position going forward.

Tonight really is about the opportunity to bring to an end the Government’s failed approach. For two years, they have not put forward a credible plan, or really listened to other alternatives. I used to say that the Prime Minister was surviving by the week, but I changed that to saying she was surviving by the day; now, she appears to be surviving by the hour to get through to Wednesday. Enough is enough. We cannot go on like this. The country deserves better. Parliament must take back control. We have the chance to do that tonight and we should do it.

Article 50 Extension

Debate between Keir Starmer and Anna Soubry

Wednesday 20th March 2019 Commons Chamber

[Keir Starmer]

The problem with the Prime Minister’s approach is that last week we voted on a motion that said she would seek a short extension if the deal was passed by today—that was in paragraph (2) of the Prime Minister’s motion—and it has not been put before the House today, and that she would seek a longer extension if that was not the case. So, there was an expectation that the Prime Minister would do the opposite of what she has done today. Equally important is that there is a growing expectation that the House needs to have time to decide what happens next. A different Prime Minister might have reflected on what happened last week and come to the House this week to say, “I recognise that my deal is not going to get through as it is and I, the Prime Minister, will provide a process of some sort, or ask the House to help me with a process of some sort, to decide where there is a majority, so that we can move forward.” That is what is being missed in the letter.

[Anna Soubry (Broxtowe) (Ind)]

As ever, the right hon. and learned Gentleman makes a powerful speech. He has given a description of what he would have expected the Prime Minister to do in the circumstances; what explanation does he put forward as to why the Prime Minister has not behaved in that way? Is it because she is stubborn, or is it because she is in the pockets of the European Research Group—the hard Brexiteers who are essentially running this country and this Brexit process? What does he think the explanation is?

[Keir Starmer]

The immediate concern is that the Prime Minister does not appear to be acting in accordance with her own motion of last week, but the deeper problem, which is what I am most concerned about, is that the Prime Minister still thinks that the failed strategy of the past two years, “My deal or no deal”—a blinkered approach with no changes and no room for Parliament—should be pursued for another three months. In other words, all she will do is use the three months in exactly the same way to bring back the deal over and over again—or as many times as she can without breaching the rules of the House—and try to force it through. That is the strategy that she has been pursuing throughout these negotiations and it has failed badly. We must not allow another three months to be used up on the same approach.

The letter sent by the Prime Minister this morning makes two requests to the Council—that it approves the documents agreed in Strasbourg on 11 March, and that it allows three months for the Prime Minister to get the same deal through Parliament. If I have read and understood the letter properly, I think the Prime Minister may be planning to bring the deal back on the basis that the documents that were before us last time have now been approved formally at the Council, and that some domestic arrangements have been agreed with possibly other parties, which means that she can then say that the deal can now be put to another vote, notwithstanding the fact that the documents on the table are exactly the same as the ones that we voted on last week. Obviously, that will raise the issue as to whether that is in accordance with the Standing Orders of the House, which will have to be addressed at the time.

The letter continues,

“it remains my intention to bring the deal back to the House.”

That is not a new deal, but the same deal. That is extraordinary, given how the House voted last week. It does not reflect the motion that was passed. Paragraph (2) of the motion clearly mentioned a short technical extension if the deal was passed by today—that was when the Prime Minister had the intention of bringing the deal back for today—or a longer extension if that was not the case.

--- Later in debate ---

[Keir Starmer]

I am not sure how another day with me at this Dispatch Box and us here discussing Brexit could be considered a happy day in anybody’s book.

[Anna Soubry]

The right hon. and learned Gentleman is being very generous in giving way. I am sure he is aware, though it may have escaped his note, that the Chancellor of the Duchy of Lancaster made the purpose of the Government’s motion very clear in his opening remarks on Thursday 14 March, and that it is recorded in column 562 of that day’s Hansard. As the right hon. and learned Gentleman has already told us, the Chancellor of the Duchy of Lancaster made it clear that the motion was to deal with this House approving the withdrawal agreement and a short extension, and he then said:

“If for whatever reason that proves not to be possible, we would be faced with the prospect of choosing only a long extension”—[Official Report, 14 March 2019; Vol. 656, c. 562.]

The Chancellor of the Duchy of Lancaster has said that more than once, and the purpose of the motion was extremely clear to the House.

[Keir Starmer]

I really do think it was clear to anybody who was in that debate. The Minister for the Cabinet Office also went on at least to hint that if the deal did not go through this week, he at least would be open to some sort of process by which the House could come to a different agreement and move forward; I think he indicated that that would be next week. Of course, on Monday we are due to vote and possibly amend the section 13 motion that the Government have to table as a result of the last meaningful vote failing.

UK’s Withdrawal from the European Union

Debate between Keir Starmer and Anna Soubry

Thursday 14th March 2019 Commons Chamber

[Keir Starmer]

I am grateful for that intervention, because it follows up on a theme I was trying to advance yesterday: how we go forward from here depends on the attitude of the Prime Minister and of the Government. At this stage, what I think a majority in the House want is a Prime Minister who says, “I now recognise that my deal has been heavily defeated twice, and in the spirit of finding a way forward I will drop my red lines and come up with a process by which the House can express views as to an alternative way forward.” If we cannot do that—this is the point I was trying to make yesterday—and if the Prime Minister does not facilitate that and put that process forward, the only thing that the House can do is try to force it on her, and that has constitutional ramifications.

I am not saying that that cannot be done, and I am not saying that it should not be done. It may have to be done, but—and this is a serious point for the Government —I think it would be better if the Prime Minister were to say today that she would in fact play her part in whatever the process needs to be to find a majority. I think that would be the first step forward. I said yesterday and I say it again: I actually think that should have happened two years ago, but that is as may be. Otherwise, we risk simply setting another clock ticking that then dictates in exactly the same way what happens—whether it is months or weeks, or however long it is. If we just do this all by a clock and without a purpose, we will not get anywhere.

[Anna Soubry]

I am listening to what the right hon. and learned Gentleman is saying with great care. It seems that the Opposition’s policy has now changed again. As I understood it from his party’s conference, having failed to get its own version of Brexit through, it would then seek a general election. If that failed, it would then back a people’s vote. Now it seems that his party’s policy is to compromise with the Government to facilitate Brexit. On that basis, could he confirm whether tonight, when the vote on amendment (h) is called, Labour will be voting for a people’s vote, abstaining, or voting against?

[Keir Starmer]

I am grateful for that intervention. I have said on a number of occasions that the Labour party supports a public vote and I played a very large part in the conference motion, but today is about the question of whether article 50 should be extended and whether we can find a purpose. [Interruption.] Hear me out, it is a very serious question and a very serious challenge, and I need to answer it. The right hon. Lady will know that many colleagues, in and out of this place, absolutely supportive of the cause that she supports—namely, a people’s vote—vehemently disagree with this amendment being tabled and voted on today.

The People’s Vote campaign—it is pretty clear where it stands—has issued a formal statement of its position, today, in response to amendment (h). It says that it has made it clear that it does not regard today as “the right time” to press the case for the public to be given a final say—[Interruption.] I am just answering the question—I am answering it fully and I want to do it properly. This is the People’s Vote campaign issuing a statement in response to this amendment:

“Instead, this is the time for parliament to declare it wants an extension of”

the “article 50” Brexit deadline

“so that, after two-and-a-half years of vexed negotiations, our political leaders can finally decide on what Brexit means.”

That is the official position of the People’s Vote campaign.

In addition, this will be the first time—[Interruption.] I am going to complete this answer. This will be the first time, I think, that I have quoted Alastair Campbell from the Dispatch Box. Whatever we could or could not say about Alastair Campbell, we cannot doubt where he stands on a people’s vote. He said today that it is:

“Wrong to press @peoplesvote_uk amendment…when the issue is”

essentially about “extension. I think” it is the

“wrong time and I fear the wrong reasons”—

[Interruption.] I am going to complete the answer. [Interruption.] I am going to complete the answer. Those pressing this amendment seem to be out of step with the vast majority of co-campaigners who are campaigning for exactly the same point. They may genuinely have a difference of opinion, but we will not be supporting amendment (h) tonight.

[Anna Soubry]

Shame on you! [Interruption.]

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

I am grateful to the right hon. and learned Gentleman for giving way. We are two weeks away from leaving the European Union, as things stand. We are where we are in terms of the amendments that are in front of us today. I would not necessarily have chosen to put down the amendment in the way that it has come forward, but I say to the right hon. and learned Gentleman—our friend and colleague on the Benches beside us—that we have the opportunity with the amendment today to express the views of people in the House of Commons that we must have a people’s vote. I implore him not to stand against the amendment today, or I am afraid that Labour will be found out for what they are: a fraud. They are participating in Brexit happening if they fail to back the people’s vote this afternoon.

UK’s Withdrawal from the European Union

Debate between Keir Starmer and Anna Soubry

Wednesday 13th March 2019 Commons Chamber

[Keir Starmer]

I will. Back in 2017, we made it clear that we would respect the outcome of the referendum, and we set out in our manifesto what we would seek to negotiate if we were elected into government, which was an agreement that would have the benefits of the customs union and the single market. However, in that manifesto, we also said as a party that we would reject the Government’s red lines, rip up the White Paper and reject no deal. We lost that election, and because we lost we voted to trigger article 50, notwithstanding how we had voted in the referendum, and we allowed the Prime Minister to start the negotiations. Consistent with our manifesto, we conditionally said what deal we would accept when it came back.

We have now got to a hopeless end, and it is a hopeless end. To lose by 230 votes eight weeks ago and then to lose by 149 votes is a hopeless end. The Government cannot just blame others for that; they need to look at themselves and ask why it happened. In those circumstances, both the things that we ruled out in our manifesto—the Prime Minister’s red lines and no deal—are the only things on the table, which is why we support a public vote, to protect against those outcomes. I am proud that we are doing that at this stage in the exercise, and it is obvious why we need to do so.

[Anna Soubry]

All of us who believe in a people’s vote are grateful to my right hon. and learned Friend—he is my friend, in a legal sense—for what he has said. Were such an amendment to be tabled, would he and his party now support it and get a people’s vote up and running?

[Keir Starmer]

Two weeks ago on Monday, the Leader of the Opposition made it clear that we would support an amendment to that end or put one forward ourselves. Obviously, the timing depends on discussions across the House and with others, but that is the clear position that we have put down.

European Union (Withdrawal) Act

Debate between Keir Starmer and Anna Soubry

Tuesday 12th March 2019 Commons Chamber

[Keir Starmer]

I engaged with that point, because it is important. I have dealt with it a number of times from the Dispatch Box. I have made it clear on a number of occasions that the Labour party recognises the need for the backstop. The problem is in the heart of the letter from President Tusk and President Juncker, where they say:

“the Withdrawal Agreement and the Political Declaration…are part of the same negotiated package.”

Anybody who has read the legislation that we are voting under tonight will appreciate that the Government cannot move forward unless both the withdrawal agreement and the political declaration together are voted on tonight. It is a cheap point to simply say, “Well, since you accept that there is a backstop, you should vote for this tonight.” I will not accept it.

It is not just about the technical fact that the withdrawal agreement and the political declaration have to be voted through together. It is also about the fact that what happens today, given the promises, is as much about trust as it is about substance. I have never doubted the difficulty of the Prime Minister’s task or the way that she has gone about it. She has been right to refuse to listen to those who are casual and complacent about the need to avoid a hard border in Northern Ireland. But the reality is that the deal the Prime Minister has put before this House is deeply flawed. The future relationship document is flimsy and vague. It is an options paper. It is the blindest of Brexits.

I heard what the Prime Minister said today—she has said it before—about not being able to negotiate a trade agreement with the EU until we have left, and that is right. But she and I know what she promised: a comprehensive and detailed political declaration, ready to be implemented. That is why it was called an implementation period, not a transition period. That commitment to a detailed political declaration was made at the Dispatch Box by Brexit Secretaries on a number of occasions. This deal is not that; it is an abject failure. It does not protect jobs, living standards or rights. It will not deliver frictionless trade. The deal has already been rejected once by this House. It has been rejected by the Scottish Parliament and the Welsh Assembly. It is opposed by the TUC and the entire trade union movement. Every Opposition party in this House, and I suspect a good many Conservative Members, will oppose it tonight. This is a sorry outcome after two years of negotiations.

[Anna Soubry]

Will the right hon. and learned Gentleman give way?

[Keir Starmer]

I will not give way, because I have just looked at the clock.

Mr Speaker, I want to end with this. I have been in the role of shadow Brexit Secretary for two and a half years; it often feels longer. Many predictions were possible back then, but I could not possibly have foreseen the scale of the calamity now upon us. The truth is that the Prime Minister has spent 24 months negotiating the deal, but the deal arrived at is a desperate attempt to keep her divided party together. It has failed even in that endeavour, and I believe it will be rejected by this House. This is a difficult moment for this House and for the country. We in this House should take no joy in the events that have unfolded. After tonight, the House will need to come together and find a way out of the mess that the Prime Minister and this Government have created.

EU Withdrawal Agreement

Debate between Keir Starmer and Anna Soubry

Tuesday 18th December 2018 Commons Chamber

[Keir Starmer]

The cries to support the deal would have a lot more authority if those on the Government Benches were supporting the deal. The Government are utterly split on this. Last Wednesday’s no-confidence vote exposed the fracture, and there is no point pretending it is not there.

Over the summer, the previous Brexit Secretary published 106 technical notices setting out the Government’s case for preparing for no deal. They did not get a huge amount of attention at the time, but it is worth reading and re-reading them, as my team and I have done, and as the Institute for Government has done. Those technical notices make it clear that the Government’s managed no deal would require the creation or expansion of 15 quangos, further legislation in 51 areas, the negotiation of 40 new international agreements with either the EU or other countries and the introduction of 55 new systems and processes. That is the analysis of the 106 technical notices—the Government’s own assessment.

The case I am making is that the argument that there should or could be no deal on 29 March is completely lacking in any viability whatsoever. The very idea that there could be legislation in 51 areas, 40 new international agreements, 15 new quangos and 55 new systems and processes in the next three months only has to be spelled out. That is not my assessment; it is the Government’s own assessment. It is not credible to pretend that that can be done by 29 March.

[Anna Soubry]

I have a great deal of respect for the right hon. and learned Gentleman, but not for the Opposition in this respect. He makes a good point—so are the Opposition now going to do their job of being an effective Opposition? By way of example, will we see an urgent question being asked in this place tomorrow about the Government’s plans for no deal? The Opposition have to put their money where their mouth is.

[Keir Starmer]

I respect the right hon. Lady, but what the Opposition do is a matter for us. It is not for the Government to give the Opposition advice on how to proceed with a no-confidence motion. If I am wrong, I will be corrected, but I think I heard her criticising us for not laying the motion last week so that she could get on and vote against it. I did not find that advice helpful in trying to come to a decision on how the Opposition should proceed.

Legislation on a proposed no deal would have to be passed by a Government who can no longer pass legislation, and these preparations now come with a £2 billion price tag. That is throwing good money after bad. I hope the Secretary of State will set out as soon as possible how that money will be spent, whether Parliament will have the chance to approve those measures and when no-deal legislation will be put before the House—at least in draft form, for us to see what it looks like and comment on it.

By now, the Government intended to have a deal agreed by the House. It is obvious that that is not going to happen. The Government need to get a grip and bring forward the vote. Let this House vote, then let us have a debate about the available and achievable options—and no deal cannot be one of them. I do not think for a minute that a majority in this House would countenance a no-deal Brexit. The price of delay will, as ever, be paid by the British people, businesses and communities, and that is a very sorry end to a year of failure.

EU Withdrawal Agreement: Legal Advice

Debate between Keir Starmer and Anna Soubry

Tuesday 13th November 2018 Commons Chamber

[Ms Angela Eagle]

rose—

[Anna Soubry (Broxtowe) (Con)]

rose—

[Keir Starmer]

I shall give way in just one minute. We are not calling for legal advice to be published in its draft form, or as it is given between now and then, or on a rolling basis.

--- Later in debate ---

[Anna Soubry]

rose—

[Keir Starmer]

I will give way to the right hon. Lady, and then I will deal with both interventions.

[Anna Soubry]

I thank the right hon. and learned Gentleman for giving way. Can he help us with this? Is this a motion that was drafted by the Office of the Leader of the Opposition, which has subsequently been changed quite dramatically at the Dispatch Box? Is it an intervention, yet again, by the shadow Secretary of State to make good the failings of the leader of his party?

[Keir Starmer]

As the right hon. Lady knows, I have great respect for her, but I really do not think that engaging in that kind of intervention is helpful in this serious debate.

In relation to the intervention of the right hon. and learned Member for Beaconsfield (Mr Grieve) and the general point, my response is this: this issue of the disclosability of legal advice has been discussed very much in the past two or three weeks. As soon as I started calling for it, I made it very clear, when I was pressed as to what procedures we would use to try to obtain the advice, that I did not want to use any. I invited the Government to indicate that they would disclose the advice in full rather than have this fight in the House, and therefore I declined, three weeks ago, to say what procedure we would use. I wanted the ball to be in the Government’s court. I wanted the Government to see the good sense in putting the legal position before the House, for all the exceptional reasons that have been set out, and the Government have not responded in kind. That is why we are here today with this Humble Address.

European Union (Withdrawal) Bill

Debate between Keir Starmer and Anna Soubry

Wednesday 13th June 2018 Commons Chamber

[Keir Starmer]

I am grateful for that intervention. I have not seen the news that is just coming through. If that is the case, it is extremely concerning. A strong message needs to go out from this House about the proper role of Parliament in the article 50 process and one that argues for the best possible outcome in terms of a close economic relationship with the EU.

[Anna Soubry (Broxtowe) (Con)]

rose—

[Keir Starmer]

I will give way—

[Keir Starmer]

I have already given way, so I cannot be accused of not giving way.

[Anna Soubry]

I thank the right hon. and learned Gentleman for giving way. We need to be very clear about this. Something may have happened, but I heard the Prime Minister saying very clearly from the Dispatch Box that an amendment would be forthcoming, that it would largely incorporate much of the amendment that my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) tabled yesterday, that discussions and negotiations are continuing, that that amendment will be tabled in the Lords in due course and that the job will be done on a meaningful vote involved for this House.

[Keir Starmer]

I am grateful for that intervention. I have not seen whatever news is coming out, but having observed the proceedings yesterday and the various interventions, it seems to me that what the right hon. and learned Member for Beaconsfield (Mr Grieve) was saying was very clear for us all to hear. He spoke about the specific paragraphs that were of huge importance, and we heard about what the proposed amendment in the Lords would contain. Obviously, we will have to wait and see what the wording is, but, from my point of view, as someone who was observing it, I thought that it was pretty clear what was being said from the Front Bench about what was likely to happen in the course of next week.

Government’s EU Exit Analysis

Debate between Keir Starmer and Anna Soubry

Wednesday 31st January 2018 Commons Chamber

[Vicky Ford (Chelmsford) (Con)]

rose—

[Anna Soubry (Broxtowe) (Con)]

rose—

[Keir Starmer]

I will give way in one minute, but may I just finish this point?

Having been a civil servant for five years and having engaged in risk assessments, I can say that the purpose of the exercise is to identify the risk, the size of the risk, and the likelihood of the risk. The fourth column, which is always the really important one, is what the Government will do to mitigate the risk. That is why these risk assessments are so important.

--- Later in debate ---

[Anna Soubry]

I thank the right hon. and learned Gentleman for giving way. Can he help us with this: has he established the status of these documents? From what I gather, these were not some loosely put together drafts of a document. Has he been able to establish whether these are the documents that were to be made available to members of the Cabinet—next week, I think, if not this week—under lock and key and subject to them not making notes? This is really important. Are these documents the ones that were deemed to be of such importance that the Cabinet should see them?

[Keir Starmer]

I am grateful for that intervention. I will answer it, and make a second point as I do so. This is a really important point. The second line of defence that was deployed yesterday for not releasing these documents was that they are not complete, they are at an early stage, and they are just evolving. As I recall it, that was exactly what was said about the first set of documents that we were trying to have released last year. We have heard that one before. I have not yet ascertained the status of the documents, but, as I understand it, they were being shown to key Ministers ahead of an important Cabinet Brexit Sub-Committee meeting next week. No doubt, the Minister will be able to confirm that. If those documents are in such a form that they can be shown to Ministers to brief them for an important meeting next week, they are certainly way past the stage of an early script that has not been approved.

Exiting the EU: Sectoral Impact Assessments

Debate between Keir Starmer and Anna Soubry

Wednesday 1st November 2017 Commons Chamber

[Keir Starmer]

I am grateful for that intervention. I was going to highlight just three sectors on the list: construction and engineering, where 2.9 million jobs are involved; medical services and social care, where 3 million jobs are involved; and pharmaceuticals, where 50,000 jobs are involved. So even taking just three of the 58 sectors, it is obvious why this is of such importance.

[Anna Soubry (Broxtowe) (Con)]

I agree with the right hon. and learned Gentleman and the Opposition that these impact assessments should be disclosed—they can be redacted—but we definitely disagree about the Labour party’s position. We must be very clear: it started off with the Leader of the Opposition saying article 50 should be triggered on the day after the referendum, and it has flip-flopped around since. I am delighted that the Labour party has now come across to my way of thinking: we should have a transition period, retaining our membership of the single market and the customs union. I hope that Labour will go further and say we need a final deal that includes the single market and customs union.

[Keir Starmer]

I hope to see the right hon. Lady in the Lobby with us later if that is how she feels about this motion.

I must say that there were at least five different versions of the Government position over the summer, and it is almost impossible to reconcile the Foreign Secretary’s approach with that of others in the Cabinet. Everybody knows it and is commenting on it. To claim there is unity in the Cabinet is a pretence.

European Union (Withdrawal) Bill

Debate between Keir Starmer and Anna Soubry

Thursday 7th September 2017 Commons Chamber

[Keir Starmer]

I will make this point and then give way.

Given that the clause is drawn so widely, one would expect an enhanced procedure or some other safeguards—surely not just ordinary old delegated legislation.

[Anna Soubry]

Will the right hon. and learned Gentleman give way?

[Keir Starmer]

I will make this point and then give way to several hon. Members.

What are the procedures? Are they enhanced? No. The opposite. Part 2 of schedule 7 deals with clause 9. It makes it clear that unless the delegated legislation creates a public authority, or the function of a public authority, affects a criminal offence or affects a power to make legislation, it is to be dealt with by—what? The negative procedure for statutory instruments, which means the least possible scrutiny: it means that the widest possible power, with no safeguards, will be channelled into the level of least scrutiny.

That is absolutely extraordinary. Let us be clear about what it means, because I am sure that the Secretary of State and others will say that notwithstanding the number of statutory instruments for which the schedule provides, they can be called up and annulled, and Parliament will have its say. I looked up the last time a negative-procedure statutory instrument had been annulled in the House, and it was 38 years ago. I do not know how many Members have been in the House for 38 years, but many of us will not have had that opportunity. So much for “taking back control”.

There is no point in the Secretary of State or the Prime Minister saying, “We would not use these powers: take our assurance.” If they would not use them, they are unnecessary, and if they are unnecessary they should not be put before the House for approval today.

--- Later in debate ---

[Anna Soubry]

rose—

[Keir Starmer]

I will give way to both the Members who have been trying to intervene.

[Anna Soubry]

Does the right hon. and learned Gentleman believe that under clause 9, what is being called “the divorce bill”—the amount of money that we may have to pay to the European Union when we leave—could be agreed by a Minister, or by the Government, without this place having any say in the amount that was paid?

[Keir Starmer]

If it did not come under clause 9, it would certainly come under clause 17.