The Government's Plan for Brexit

Bernard Jenkin Excerpts

Wednesday 7th December 2016 Commons Chamber

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I am glad that my right hon. and learned Friend now agrees that this Parliament should be supreme. In fact, Mr Blair did take the country to war on the royal prerogative, because the vote in this House was not law, but purely advisory. Is it not rather odd that we now have a Supreme Court that sees itself as a constitutional court able to direct that this House shall have to do something, which has always previously been our right? We are a supreme Parliament; we can stop Brexit if we want to.

[Mr Clarke]

It is not going to direct us at all. The Supreme Court is the authority—I am not, and my hon. Friend is not—for saying what, strictly speaking, the legal constitutional position is. This House then has its own political role in deciding how, within that framework, it is going to operate. The political practice for decades has been that these kinds of decisions are not taken on the basis of telling Parliament that it has nothing to do with it and that Members will not have a vote. On the basis of that argument, the Cameron Government would have proceeded with their intervention in Syria, which we decided that we did not want; they would not even have offered the Commons a vote before they proceeded. In this particular instance, no Government that I can recall would have had the nerve to come along to Parliament and say, “Oh, we are exercising the royal prerogative; we are not going to ask you.”

Finally, let me deal with the nature of accountability. I am not sure that the Government have yet wholly picked up the point, apart from the fact that they have to get out of being defeated on a motion in a Labour Supply day. We are told, “Oh, the Government will make statements.” Well, the Government have been making statements, in which the rather vague language of “a plan” is used. We will probably be told that the plan is to have a red, white and blue Brexit and that we are believers in free trade, whilst we are giving up all the conditions that govern free trade in the single market. Apparently, not only are we going to give up the European Court of Justice, which we have always used very successfully to resolve disputes, but we are going to have trade agreements with everybody else and not abide by the rules of those either, if we feel like it. We need a White Paper, a strategy, votes in this House and clarity on policy.

--- Later in debate ---

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I found the speech by the right hon. Member for Leigh (Andy Burnham) rather refreshing. I submit that democracy is an awesome thing. When the tide turns in the minds of the voters, it is refreshing to see their democratically elected representatives turning as well. I wish him well in advancing a humane case for a humane and sensible immigration policy.

We have to acknowledge that this is a fraught moment—for some, it is painful—in our history, as the hon. Member for Lewisham East (Heidi Alexander) demonstrated. We need to take on board the points made about healing divisions and adopting the right tone. The House should look at the continuum of our history: a whole millennium of this nation. Our successors will look back on this short period in which we were a member of the EU very differently. We have been in this organisation for only 43 years, which is a tiny span of our history. We debate it hotly now, but all the controversy will pass, and we will look back with much more equanimity than we feel today.

[John Redwood (Wokingham) (Con)]

Does my hon. Friend agree that as we bring the country together it is important that people do not look for possible or imaginary problems, because we want the strongest possible position to negotiate the best possible answer for the country, and we need to unite to do so?

[Mr Jenkin]

I wholly agree with my right hon. Friend.

The Latin monetary union was formed in 1865 in Europe and lasted for 62 years, but has been completely forgotten. It is never discussed. It came and went, and I think that we will come to see our EU membership, barely longer than a generation, in the same way.

There are two aspects to the motion. First, the Government will produce a plan—we all agree about that now. I do not think it came as a surprise that the Government conceded that point. Secondly, it seems that most Members will vote for the invocation of article 50 by 31 March 2017. We can demonstrate to the country that there is a great measure of consensus, but it prompts the question why there is a court case, and why the courts have chosen to become involved, particularly once the motion is carried. We do not need a court to tell the House that it is sovereign. The House could stop Brexit whenever it wanted, as it could stop anything else that a Government do if it chose to do so. It is unfortunate that a different kind of judiciary is developing, as I do not think that Parliament ever voted for that. We await the outcome of the Supreme Court ruling with respect and great interest to see if that is the kind of judiciary that we want.

[Mr MacNeil]

Does the hon. Gentleman share concerns about the headlong rush to trigger article 50? Given that there may be 12 months of negotiations, if there is no deal in place the UK might find itself trading under WTO conditions, which would not be beneficial, particularly in the agricultural sector but also in a whole host of other activities. Has he thought about the consequences? I think that industry is not suitably engaged and is not demanding from Government the conditions in which it wants the UK to trade after 2019.

[Mr Jenkin]

The hon. Gentleman will find that a great deal of industry is quietly preparing for the possibility that there will not be an agreement. It is much more adaptable than many of us in the House. It is much more able to deal with change than many of us in government. What we are seeking in the plan is less complexity and less uncertainty, because that is what preoccupies people. Some people are talking up the complexity—some people want more uncertainty—to try to make a point. However, we have an opportunity in the plan to have less complexity and less uncertainty. My right hon. Friend the Member for Hitchin and Harpenden (Mr Lilley) made it clear that the Prime Minister has cleared up a great deal of uncertainty, but that many in the opposition choose not to hear.

As for the aim of the article 50 agreement, it should be to put as little in the agreement as possible. If we want an agreement, let us not overload the process. Let us keep to the bare minimum. Let us try to shorten the timeframe. I was encouraged that Michel Barnier, the negotiator at the European Commission, wants to shorten the period of negotiations. Perhaps the European Commission is beginning to feel the pressure from business and people outside politics who want us to get on with this process, not drag it out and make it take 10 years or some of the more ridiculous suggestions.

We should be in a position to make a generous offer in our opening bid, which I expect to be included in the White Paper. It is worth reminding ourselves what the treaties invite the EU to do. Article 8 of the treaty on European Union states:

“The Union shall develop a special relationship with neighbouring countries, aiming to establish an area of prosperity”.

The EU should read its own treaties before it starts its negotiation. Article 3.5 says that in its relations with the wider world, the EU

“shall contribute to peace, security . . . mutual respect among peoples”

and

“free and fair trade”.

Our opening pitch should be very simple. We should make an offer—a zero/zero offer: we will give EU countries zero tariffs on their exports to our country, if they will give us zero tariffs on their imports from us. That is in everyone’s interest. It is in the interest of jobs on the continent and in the United Kingdom.

We should also offer an opportunity for mutual recognition of services agreements, so that we can continue trading in services, as we do now. That, again, would be in everybody’s interest. We want the European Union to have access to the global financial capital and we want to be able to trade in the European Union in the same way. Of course we will offer continued co-operation, as the Secretary of State said, in justice and home affairs, security and defence, and foreign policy. We want to be the good neighbours.

Finally, the repeal Bill can be simple, unless people choose to make it complicated to try to carry on scoring points. The European Communities Act is a few clauses long. We need a repeal Bill of only a few clauses, setting out the principles by which we leave. It is worth reminding ourselves that the Czech Republic and Slovakia were one country and within six months of deciding to split, they split, and they are better friends now than they ever were before. That is the kind of relationship that I look forward to having with our European partners. Let us move it along quickly. I hope that my right hon. Friend the Secretary of State will do a quicker deal and offer a quick Brexit in everyone’s interests, to reduce the uncertainty and keep things simple.