European Union (Notification of Withdrawal) Bill

Lord Clarke of Nottingham Excerpts

Committee: 1st sitting: House of Commons
Monday 6th February 2017 Commons Chamber

[Wes Streeting (Ilford North) (Lab)]

rose—

[Mr Kenneth Clarke (Rushcliffe) (Con)]

rose—

[Mr Harper]

If I can finish my answer, I will of course take an intervention.

However, the British public did not agree with David Cameron and my right hon. Friend the Member for Tatton. Therefore, it seems clear that the public accepted that we would be leaving the single market. Leading campaigners on the leave side made exactly the same point. I will now give way to my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke).

[Mr Kenneth Clarke]

It is quite right that the then Prime Minister and Chancellor warned that leaving the EU would mean leaving the single market, but my recollection is that some leave campaigners just dismissed that as “Project Fear”. I particularly recollect that the current Foreign Secretary was totally dismissive of that argument and said that we would retain full membership of and full access to the market because Europe needed to sell us its Mercedes and prosecco wine. It is not true that everybody on the leave side acknowledged that we would put ourselves outside tariff and regulatory barriers.

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[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

Order. Before I call the next colleague, let me say that it will be obvious to the Committee that a great many people wish to speak. There are in excess of 50 new clauses and amendments to be discussed, and we have two hours and 45 minutes left to do so. I hope that Members will be courteous to others and keep their remarks as brief as possible. I appreciate that these are complicated matters, and it is good to have interventions and proper debate and discussion, but let us avoid repetition and rhetoric for its own sake.

[Mr Kenneth Clarke]

On a point of order, Mrs Laing. It is quite obvious that the programme order will not allow for proper debate by the vast majority of Members. I have never known a debate on any European issue be given such limited time before. Has anyone approached you and asked to re-address the programme order so that we can have the sort of sensible, protracted discussion of these issues that we have had almost to excess on previous occasions such as the debates on the Maastricht treaty?

[Mr Harper]

Further to that point of order, Mrs Laing. When I considered the Government’s programme motion, it seemed to me that for a two-clause Bill, two days—extraordinarily—on Second Reading and three full days of protected time to allow us to sit late where there are statements was, if anything, an excess of generosity.

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[Sir Hugo Swire]

I do agree, because this cuts both ways. It is cheap politicking to talk about bargaining chips—I do not think anyone is considering that—but this does require an early resolution. I was heartened when my right hon. Friend the Prime Minister said earlier today that she intended to address it early on, but it has to be a negotiation between the other countries of the EU and us. It is just as important to us, as British parliamentarians—as the British Government—to defend the rights of British citizens living overseas. There are a lot of them, and not all of them are particularly contributing to the society they are in. A lot of them are retired, so they are even more vulnerable, in a sense, than many of the EU workers who are here actively working. It is the first duty of this House to look after British citizens, wherever they may be, while also being aware that we have a duty to EU nationals at the same time.

It would be completely wrong in terms of our negotiating position to declare unilaterally that all EU nationals can, up to a certain date, continue to live here without fear or favour. That would be unwise until such time as we can extract a similar agreement from the other countries of the EU where British nationals have lived, sometimes for very many years.

[Mr Kenneth Clarke]

I am delighted to hear my right hon. Friend agree in ringing tones with what everybody has said so far, namely that absolutely nobody in this House wishes to cast any doubt on the right of EU nationals to continue living lawfully here if they are lawfully here now. Apparently, the only reason for his holding back—despite the fact that he entirely shares the sentiments of Opposition Members—is that he fears that if we declare that a Pole who has been living here for years can stay here, we will have thrown away our card and British nationals will be expelled by the Government of some unknown country. I have heard nobody suggest that any such country exists.

We have a pedantic problem of whether we can raise the matter before the process has started. If we just cleared the position of our EU nationals now, it would put the utmost pressure on every other country to clarify the thing as well. No one is going to take any reprisals against our British nationals.

[Sir Hugo Swire]

I hope my right hon. and learned Friend is right. He has not always been right about everything, although he has been right about quite a lot. He and I were on the same side of the debate, and I know that he regrets, as I do, the fact that in all the discussions about migration and immigration during the campaign, some rather irresponsible points were made repeatedly about who would be able to come here from the Commonwealth, when there was absolutely no suggestion that that was behind anyone’s thinking. However, I fundamentally disagree with him in that I do not think that we should do anything unilateral before we get an agreement about the rights of British nationals living in the rest of the EU.

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[Alberto Costa]

I do not see a need to force the Government to do that. It would be politically impossible for the Government to function responsibly and appropriately without giving us at least the same information that we will be receiving from the media and the European Parliament. Again, it is a matter of politics and we should not bind the hands of the Government in a statutory manner that could be justiciable. That is why I trust my Government to come back to the House with sensible updates, no different from the updates that the European Parliament receives, so that we can continue to debate and discuss the matter.

[Mr Kenneth Clarke]

My hon. Friend is on the right side of all these arguments, but he is a very trusting man. Does he not realise that the background to all this is that when the European Commission started negotiating the EU-US Transatlantic Trade and Investment Partnership, it took exactly the same line that the Government are now taking—that it could not possibly disclose any of these things as it would compromise the negotiations? The fact is that the European Parliament now gets the information because it was less trusting and is made of sterner stuff than this Parliament has so far proved to be. I do not think that that is in accordance with our parliamentary traditions.

[Alberto Costa]

I respect the judgments and comments of my right hon. and learned Friend. However, I read his recent article about his own thoughts on his first term in Parliament and how he would have dealt with a similar matter. I will leave it at that.

I have listened carefully to the valuable and honourable comments that have been made on this matter, particularly by Opposition Members, but I will support my Government and I will hold my Government to account in a way that I never see Opposition MPs from Scotland holding their Government to account.