Oral Answers to Questions

Lord Clarke of Nottingham Excerpts

Wednesday 9th January 2019 Commons Chamber

[The Prime Minister]

The Government are doing exactly what it is necessary and sensible for a Government to do, which is to make preparations for no deal and ensure that we test those preparations. I come back to the point that if the hon. Gentleman is worried about the consequences of no deal, he should back the deal.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

It seems plain to anyone who has listened to most of the debates in this House that there is no majority for any proposition on our future relationship with the European Union in this House of Commons, except the majority that is clearly against leaving with no deal. I propose to vote for the Prime Minister’s withdrawal agreement, but I doubt it will pass. If it is passed and we get into a transition, there is no majority or consensus on what the Government are supposed to negotiate for in the years that follow to settle our future political and economic relationships with Europe. The Prime Minister has to be flexible on some things, so if she loses the debate next Tuesday, will she consider moving to the obvious step in the national interest of delaying or revoking article 50, so that we have time to consider what the British actually want?

Oral Answers to Questions

Lord Clarke of Nottingham Excerpts

Wednesday 12th December 2018 Commons Chamber

[The Prime Minister]

It is important that we deliver on Brexit for the people of this country. I believe that we should do that with a good deal with the European Union, and I believe that that is what we have negotiated. I also believe, as my hon. Friend the Member for Aldershot (Leo Docherty) said from a sedentary position, that the worst thing for this country would be a Labour Government.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

At a time of grave national crisis on an issue that we all agree is of huge importance to future generations, can my right hon. Friend think of anything more unhelpful, irrelevant and irresponsible than for the Conservative party to embark on weeks of a Conservative leadership election?

[The Prime Minister]

My right hon. and learned Friend has raised an important issue. It is about the impact that the weeks of that campaign would have on the decision that the House has to take and that we have to take as a country in relation to leaving the European Union, because there is no doubt that the process would go beyond the legislated date of 21 January. That would mean that one of the first things that the new leader would have to do—were a new leader to come in—would be either to extend article 50 or rescind it, which would mean either delaying or stopping Brexit.

Exiting the European Union

Lord Clarke of Nottingham Excerpts

Monday 10th December 2018 Commons Chamber

[Mr Speaker]

Order. Before I look to the Father of the House, and then other colleagues, I want to say the following. Although the Government’s intention to halt the forthcoming debate at this inordinately late stage has been widely leaked to the media in advance, I felt it only appropriate to hear what is proposed before advising the House. Halting the debate, after no fewer than 164 colleagues have taken the trouble to contribute, will be thought by many Members of this House to be deeply discourteous. Indeed, in the hours since news of this intention emerged, many colleagues from across the House have registered that view to me in the most forceful terms.

Having taken the best procedural advice, colleagues should be informed that there are two ways of doing this. The first and, in democratic terms, the infinitely preferable way is for a Minister to move at the outset of the debate that the debate be adjourned. This will give the House the opportunity to express its view in a vote on whether or not it wishes the debate to be brought to a premature and inconclusive end. I can reassure Ministers that I would be happy to accept such a motion so that the House can decide.

The alternative is for the Government unilaterally to decline to move today’s business, which means not only that the House is deprived of its opportunity to vote upon the substance of the debate tomorrow but that it is given no chance to express its view today on whether the debate should or should not be allowed to continue.

I politely suggest that, in any courteous, respectful and mature environment, allowing the House to have its say on this matter would be the right and, dare I say it, the obvious course to take. Let us see if those who have assured this House and the public, over and over again, that this supremely important vote is going to take place tomorrow, without fail, wish to rise to the occasion.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

On the question of Europe, this House is divided not just into parties; it is divided into factions. It becomes clear that, at the moment, there is no predictable majority for any single course of action going forward. Does my right hon. Friend the Prime Minister agree that no other Governments are going to start negotiations with us on any new arrangement while the British continue to explore what exactly it is they can get a parliamentary majority to agree to?

Furthermore, we are strictly bound, quite rightly, to the Good Friday agreement and the issue of a permanently open border in Ireland. Does my right hon. Friend agree that it is particular folly for a large faction in this House to continue with their argument that we should insist to the other Governments that the British will have a unilateral right to declare an end to that open border at a time of their choosing? That is why the backstop remains inevitable.

[The Prime Minister]

I certainly agree. I think none of the alternative arrangements that have been floated and suggested in this House would actually command a majority of this House. My right hon. and learned Friend is also right that we retain our absolute commitment to the Belfast/Good Friday agreement and to the commitments that the United Kingdom Government made within that agreement. Any agreement that was being negotiated with the European Union, be that either of the other two options that are normally quoted—the Norway option in some form and the Canada option in some form—would require negotiation, could risk the possibility of there being a period of time when that relationship was not in place and, therefore, would indeed require a backstop.

European Union (Withdrawal) Act

Lord Clarke of Nottingham Excerpts

Tuesday 4th December 2018 Commons Chamber

[Jeremy Corbyn]

It really is not credible for the Government to come to this House with this deal, that does damage a great deal of our economic interests, that does reduce our powers to decide our relationships in the future, and that does damage our trade, and then say there is no alternative. This House will make its decision next Tuesday. I hope and expect this House will reject that deal. At that point, the Government have lost the confidence of the House. They should reflect on that. They have either got to get a better deal from the EU or give way to those who will. No wonder the former Minister of State for Universities, Science, Research and Innovation, the hon. Member for East Surrey (Mr Gyimah), resigned, saying that this deal will cost us

“our voice, our vote and our veto.”

[Mr Kenneth Clarke (Rushcliffe) (Con)]

If the right hon. Gentleman is so emphatic that we will not have a no-deal exit if we reject the Prime Minister’s deal, what deal does he suggest that we will put in place between now and March next year that will avoid it?

[Jeremy Corbyn]

Well, if the House rejects this deal, as I hope it will, it is then up to the Government to go back and negotiate something, like a new comprehensive customs union, which would be backed by both the TUC and the CBI, and which is necessary to defend jobs and also have access to a strong single market. We cannot be told that this is the only thing we can do. The process of negotiation is to be accountable. The Government will be held to account. I hope this deal is rejected, in which case we will force the Government to go back and negotiate.

--- Later in debate ---

[Boris Johnson]

I am afraid that that is a finely balanced question. [Interruption.] Much will depend on what happens after the vote on Tuesday. I believe that if we say what I propose, the EU will understand that the Government have found their resolve and are willing to be tough at last, and I believe that the EU will do a deal on those terms.

[Mr Kenneth Clarke]

rose—

[Boris Johnson]

I am going to anticipate the intervention of my right hon. and learned Friend. I bet I know what he is going to say. In case the EU does not agree, we must be absolutely emphatic now that we are preparing urgently for the possibility that we will indeed have to leave before we reach a final agreement.

[Mr Clarke]

What we are voting on is the withdrawal agreement, and three points that must be settled before the big, wide, grown-up negotiations start on the future relationship. There will be a very wide agenda over the next few years. My right hon. Friend is suggesting that we reject the withdrawal agreement now, in December, before we leave in March, and that we go back and say, “We are not going to pay our contribution to any legal liabilities and any continued access, and we are not at this stage going to guarantee an open border in Ireland.” Does he think there is the faintest chance of that being listened to seriously by any other member Government? If he gets his way, will he not doom us to rushing into a no-deal arrangement?

[Boris Johnson]

I do not agree with that at all. Obviously we should state what is agreed among all—that there will be no hard border in Northern Ireland. All sides agree on that. As for the legal liabilities to pay the £39 billion, they are, to say the least, contested. I believe it is additionally vital to do what we have failed to do so far, which is to show that we have the conviction and the willingness to leave without an agreement. Yes, I agree that that will mean a great national effort if it comes to that point, and yes it will mean that we have to make sure we get all the goods to our ports in addition to Dover, and ensure that the planes can fly and we address all the other questions.

G20 Summit

Lord Clarke of Nottingham Excerpts

Monday 3rd December 2018 Commons Chamber

[Mr Kenneth Clarke (Rushcliffe) (Con)]

As the Prime Minister apparently did discuss with President Trump the question of future trade arrangements with America, will she tell us whether the President indicated any area of the American market, such as public procurement or financial or other services, that he might be considering opening up to us? If he repeated his request that we should open ourselves up fully to food imports, did she explain to him that we are unwilling to abandon the European standards that we have developed over the years to accept lower standards set by Congress, as he wishes, and that he really must adjust to the fact that we cannot forfeit all our other overseas markets to allow him to export food to this country?

[The Prime Minister]

My right hon. and learned Friend has raised two aspects of a potential trade deal with the United States of America. I have made it very clear to a number of people, in relation to the issue of agricultural products, that this is not a question of our membership of the EU or our adoption of EU standards, but will be a question for everyone in this country about the standards that we want to continue to have in relation to those products in the future.

As for the issue of opening up the American market for public procurement and financial services, the working group that exists between us and the United States is looking at exactly that.

EU Exit Negotiations

Lord Clarke of Nottingham Excerpts

Thursday 15th November 2018 Commons Chamber

[The Prime Minister]

Let me pick up some of the points that the right hon. Gentleman made. First, he said that no deal was not an option, but then complained that we were not preparing for no deal. Actually, we have been preparing for no deal, and we continue to prepare for no deal, because I recognise that we obviously have a further stage of negotiation with the European Council and then, when that deal is finalised with the European Council, it has to come back to this House. So we will continue those preparations.

The right hon. Gentleman said that the withdrawal agreement is ill defined. Five hundred pages of detailed legal text on the withdrawal agreement is not an ill-defined withdrawal agreement. He complained that the withdrawal agreement does not refer to the implementation period. Of course, it does refer to the transition period, which is exactly the same period of time.

The right hon. Gentleman then talked about the whole question of the decision on the backstop and the implementation period as coming at the end of 2020. Well, if he looks again at the documents that have been produced, he will see that actually the decision will be taken in June 2020 as to whether it is likely that the future relationship will not be in place on 1 January 2021. At that point, it will be for the UK to decide whether it wishes to extend the implementation period for a limited period, or whether it wishes to go into the backstop.

The right hon. Gentleman is wrong to say that we have not dealt with the issue of the border down the Irish sea. We have dealt with that, as I was clear in this House that we would. It took some considerable time to persuade the European Union to move from its proposal for a Northern Ireland-only customs territory to a UK-wide customs territory, but we have achieved that.

In relation to the question of workers’ rights, there is reference to non-regression.

The right hon. Gentleman says that the outline political declaration does not refer to what we are proposing in terms of a free trade area for the future; in fact, the protocol explicitly does reference that. It sets out very clearly that we will be creating a free trade area between the United Kingdom and the European Union.

I am really not sure what document the right hon. Gentleman has read, because he said that there were no references to extradition, but there are indeed references to extradition. He also said that there was nothing about Europol, whereas there is an express reference that we will be including in the future document:

“Terms for the United Kingdom’s cooperation via Europol and Eurojust.”

I say to the right hon. Gentleman that there is indeed a choice before Members of this House: it is a choice of whether or not we go ahead with a deal that does deliver on the vote while protecting jobs, our security and our Union. Of course, what he wants is for us to stay in the single market and the customs union. That would not deliver on the vote of the referendum. We are delivering an end to free movement, coming out of the common agricultural policy and out of the common fisheries policy, and we are taking back control of our money, borders and laws. That is the right deal for Britain, and it is the deal that we will be putting forward before this House.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

It has always been a Brexiteer illusion that the country can leave the European Union treaties while selecting to retain all the benefits that we enjoy under the treaties and repudiating most, if not all, of the obligations. We have to face up to the fact that that is an illusion. Does my right hon. Friend the Prime Minister agree that the biggest single economic benefit—in fact most of the main economic benefits—that we have enjoyed from our membership over the last decades flow from the completely open border between the whole of the United Kingdom and the rest of the European Union and that upon that have been based huge flows of inward investment, the creation of just-in-time lines of supply and very many thousands of jobs in this country? So will she undertake not to change the present basis of that, which is the single market and the customs union, until we know what we are changing to and until we are satisfied that any change will retain those benefits and keep us completely open from any delays and costs caused by regulatory differences or anything else that would be created by moving away from where we are now? The economic future of this country will be threatened very considerably if we just decide, unilaterally, to walk out, as some of my colleagues seem prepared to recommend.

[The Prime Minister]

We have indeed heard from business a very clear message about the importance of frictionless borders, which is precisely why the proposal that the United Kingdom has put forward to the European Union is based on that concept of frictionless borders. The free trade area that we have put forward is precisely in that frame. My right hon. and learned Friend talks about remaining in the single market and the customs union. I do not believe that that is right for the future of the United Kingdom, because I do not believe that doing those things would deliver on the vote of the British people. There are various things that underpinned the vote. An end to free movement was crucial among those, and remaining in the customs union does not enable us to have an independent trade policy. I believe it is important that we do have an independent trade policy once we have left the European Union. We are negotiating the basis of our future trading relationship, but it is based on the concept of a free trade area and precisely the point that he makes about being able to move goods seamlessly across the border.

Points of Order

Lord Clarke of Nottingham Excerpts

Wednesday 14th November 2018 Commons Chamber

[Mr Speaker]

I am very grateful to the hon. Lady for her point of order. The candid answer is that I had been given to understand that there would be a statement on this matter, in all likelihood, tomorrow. Factually to respond to her, what I would say is that the Chair would be perfectly amenable to a statement before then. That is not, however, a judgment for me; it is properly a judgment for the Government. I understand what she says about people having commitments tomorrow—[Interruption.] Order. But it does seem to me a reasonable point to make in response that, if Members consider this to be a supremely important matter, they can potentially rearrange their diaries in order to be present. I am always in favour, as she knows, of statements sooner rather than later but, if I may so, I do not think we should have a great row about whether a statement is made today or tomorrow.

What I would like to say to Members is that when there is a statement to this House, in conformity with the practice I have applied for nearly nine and a half years from this Chair, there will be a full opportunity for Members in all parts of the House, and potentially expressing or representing all sorts of different points of view, to be heard. That is the way it has always been and, as far as I am concerned, that is the way it will continue to be.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

Further to that point of order, Mr Speaker. Although you say you have no role in this, do you not agree that, until very recently, it has always been the constitutional convention in this House that, when a Government announce a major policy, they do so, first of all, by a statement here in the House of Commons, usually simultaneously with the publication of a White Paper? With great respect, it is not just a question of Members having other commitments, or of convenience. We are slipping into a practice where Government policies are leaked in advance, then the Government brief the press and a great national debate breaks out, and then Parliament finally gets the opportunity to discuss it a day later. If you have any opportunity to discuss with the usual channels what the proper role of Parliament should be, I think your assistance would be greatly appreciated.

[Mr Speaker]

I am very grateful to the right hon. and learned Gentleman for that point of order. I am bound to say to him that my attitude has been that we have Cabinet government in this country. The policy is the policy of the Government only when it has been approved by the Cabinet. [Interruption.] Members can take their own view on whether I am right or wrong, but I am simply seeking to explain to the Father of the House that the premise on which I am working is that it will be Government policy if and only if, and only when, it has been approved by the Cabinet.

It therefore does not seem to me to be unreasonable, if the Cabinet is meeting this afternoon, for the House to hear a statement tomorrow. However, if it is possible for that statement to be made today, in the sense that a policy has been agreed, I am at the service of the House and I am in favour of a statement being made at the earliest possible opportunity. That point will have been heard on the Treasury Bench, and I am grateful to the Father of the House for his assistance in this important matter.

Oral Answers to Questions

Lord Clarke of Nottingham Excerpts

Wednesday 14th November 2018 Commons Chamber

[The Prime Minister]

As the hon. Lady is well aware, we are introducing universal credit because the previous system, the benefits system that we inherited from the Labour party, did not work. It left more than a million people living on benefits, trapped on benefits for up to a decade. What we are doing is ensuring that people are given more encouragement to get into the workplace, and that when they are in the workplace, work always pays. As I have said, we are seeing very good figures showing a significant reduction in the number of children in workless households.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

We are currently in the middle of a swirl of rumours about the proposed deal with the European Union, and a torrent of criticism from all the Government’s most ferocious critics. One of the rumours is that if the Cabinet agrees to the deal this afternoon, the Government propose to publish a White Paper setting out all the details later today.

Will the Prime Minister give an assurance that, if and when this deal is published, a statement will be made to this House of Commons when it is produced? It is this Parliament that will have to decide now what to do next, and we do not want Parliament to be consulted only after another 24 hours of rumours and criticism. We want to re-establish parliamentary sovereignty, and I wish the Prime Minister well in obtaining a majority for some course of action in future that is in the national interest.

[The Prime Minister]

There are, in fact, two stages—potentially two stages—in this process. As I said earlier today, the Cabinet will be looking at the draft agreements that the negotiating teams have produced, and will consider and determine what the next steps should be in the national interest, as my right hon. and learned Friend requests us to do. I can assure him that we will be looking at this in the national interest.

As I said, I will return to the House to explain the outcome of that, but I should also say to my right hon. and learned Friend that there is then the issue of ensuring—as we will—when a final deal is agreed with the European Union, that proper analysis is available to Members before the meaningful vote takes place, and that briefings on the details of the proposals that are laid are available to Members, so that, as he has said, Members are able to make their decision in the light of an understanding of the details of the deal that has been agreed.

Oral Answers to Questions

Lord Clarke of Nottingham Excerpts

Wednesday 10th October 2018 Commons Chamber

[The Prime Minister]

As I think the hon. Gentleman will know, modern slavery is an issue that I have taken a particular interest in and worked on. I am proud of the impact that our Modern Slavery Act 2015 is having, but, sadly, we continue to see people being effectively enslaved in this country. We are seeing more cases in which criminals are prosecuted, but we need to ensure that support is available. I certainly commend the Co-op, which he referenced, and other businesses that are working to help people who have been victims of modern slavery. My right hon. Friend the International Development Secretary tells me that when she chaired a session on modern slavery at the UN General Assembly, the role of the private sector was given particular prominence. We will continue to do all we can to ensure that we are dealing with modern slavery.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

It is obvious that the biggest task facing the Prime Minister this winter is, first, to obtain a compromise agreement with the other 27 European Governments on the terms of our withdrawal, and then to win the approval of a majority in this House for that same agreement, or something like it, in a meaningful vote on the terms of our departure. Does she equally accept that the maths makes it obvious that that majority can only be obtained if the agreement retains the support of the pro-European Conservative Back Benchers in this House and wins the support of a significant number of Labour pro-European Back Benchers? That would reveal that the hard-line Eurosceptic views of the Bennites on the Labour Front Bench and the right-wing nationalists in our party are a minority in this Parliament. Will she therefore proceed courageously on that basis in the formidable task that lies ahead of her?

[The Prime Minister]

We are working to ensure that we get a good agreement for the United Kingdom—an agreement that delivers on the vote that the people took in the referendum to leave the European Union, to bring an end to the jurisdiction of the European Court, to bring an end to free movement and to bring an end to sending vast sums of money every year to the European Union and that does it in way that protects jobs and ensures that there is no hard border between Northern Ireland and Ireland. We are working for that deal, and when we come back with a deal, I would hope that everybody across the whole House will put the national interest first and not only look at a good deal for the future of the United Kingdom, but remember that having given the decision on whether we stay in the European Union to the British people, and the British people having voted to leave, it is our duty to ensure that we leave.

Leaving the EU

Lord Clarke of Nottingham Excerpts

Monday 9th July 2018 Commons Chamber

[The Prime Minister]

The hon. Lady talks about disagreement, but the biggest disagreement is of course between the Liberal Democrats and the people of this country, who voted to leave the European Union.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

May I warmly congratulate the Prime Minister on the progress that she made at the weekend at Chequers? I wish her well during the difficult few days that no doubt lie ahead before we see, I trust, further details in the White Paper.

Is the Prime Minister now confident that the leaders of the other 27 European Governments involved will accept this as a reasonable starting position for negotiations, based on the realities of business and trade in the modern world? Will she ask them to speed up as far as possible the serious negotiations that must now begin, with no doubt some modest compromises on both sides before we reach a successful conclusion?

[The Prime Minister]

I reassure my right hon. and learned Friend that the responses I have received so far from other European Union leaders have been positive about the proposals we have put forward. Indeed, at the June European Council, the European Council at 27 agreed that we needed to increase the pace of the negotiations in the future.