Exiting the EU: Sectoral Impact Assessments

Charlie Elphicke Excerpts

Wednesday 1st November 2017 Commons Chamber

[Keir Starmer]

I am surprised by that intervention, given the concerns expressed by the right hon. Member for Broxtowe, the right hon. and learned Member for Beaconsfield (Mr Grieve) and the hon. Member for Totnes (Dr Wollaston). The concern is shared on both sides of the House.

The intervention of the hon. Member for Harwich and North Essex (Mr Jenkin) is typical of what has been going on for 16 or 17 months. Every time somebody raises a legitimate question, it is suggested that they are somehow frustrating or undermining the process. It is not unlike the interventions I took a year ago when I suggested that the plan should be published. The interventions were exactly the same.

This is lockdown, a blanket ban. If the exemption for ministerial advice is being relied on, it is curious that it is not mentioned as the ground being relied on in the letter in response to the freedom of information request. That is why we have brought this motion to the House—

[Charlie Elphicke (Dover) (Con)]

rose—

[Keir Starmer]

I am going to press on.

You will have seen today’s Order Paper, Mr Deputy Speaker. Coming from someone who thinks that we should catapult Parliament into 21st century, the wording of our motion is a little odd. The motion borrows widely from parliamentary procedure used to require Ministers to lay before the House or a Committee a specific document. “Erskine May” says the following:

“Each House has the power to call for the production of papers by means of a motion...the power to send for papers by means of a motion for unopposed return extends to papers which are in the possession of Ministers or which Ministers have the authority to obtain.”

That procedure has widely been used for many decades—the Opposition Whips tell me it has been used for many centuries. If anyone doubts the procedure, they should see on page 3 of today’s Order Paper that the Home Secretary has used the same procedure in relation to a different report.

What is important about this procedure is that we believe this is a binding motion, and that makes it—we hope—impossible for the Government to pull their usual Wednesday afternoon trick of not voting on Opposition day motions or not taking any notice of them. That is why we have chosen the procedure that we have. But let me be clear: our motion does not require blanket publication without further consideration. Instead, it would require that the documents covered in the list should be provided to the Brexit Committee—or other Select Committees if the Government’s concern is that that is too limited and these things ought to go to all the Select Committees. We are very open to that discussion, but these documents should go to the Brexit Committee. Then it would be for that Committee—or any other Select Committee—to decide which documents should and should not be published. It would also fall to that Committee to decide in what form publication should occur.

Members may ask why we have chosen the Brexit Committee. We have done so because it is a cross-party Committee; it has a lot of expertise and support staff; and it has a Government majority, so the Opposition cannot be accused of being party political here. It is a trusted and responsible Committee.

--- Later in debate ---

[Mr Walker]

I am not going to speak for the Opposition Front-Bench team, but I take the hon. Gentleman’s concerns seriously, because what is being proposed needs to be checked against a number of significant issues relating to the national interest and, indeed, the responsibilities of Ministers of the Crown in respect of the information that we hold.

[Charlie Elphicke]

Will the Minister give way?

[Mr Walker]

If I may, I will give way to my hon. Friend in a moment.

The Government recognise that Parliament does have rights relating to the publication of documents, which is one of the reasons why we have always been as open as possible with Parliament. In this case, though, the Opposition have taken an approach based on an obscure parliamentary rule that has not been in general use for these purposes since the 19th century. When it has been used, it has been mostly to ensure the publication of information that is now provided to Parliament by the Government regularly and as a matter of course.

[Charlie Elphicke]

My hon. Friend is making a powerful and persuasive argument. I notice a flurry of activity on the Labour Benches while the Chairman of the Select Committee, the right hon. Member for Leeds Central (Hilary Benn), is asked to confirm his interest in this matter. Does my hon. Friend agree that the right process has not been followed? The right process would be for the Select Committee to discuss this, make the request and then come to this House to ask for the information. The Opposition should not try to short-circuit it. What they are doing is a misuse of the House’s processes.

[Mr Walker]

My hon. Friend makes his point powerfully. I am sure we will hear from the Chairman of the Select Committee in due course.

As the right hon. and learned Member for Holborn and St Pancras knows, Ministers have a clear obligation not to disclose information when to do so would not be in the public interest. In this case, the public interest is also the national interest. The key national interest here is to ensure the best possible outcome from our negotiations with the European Union. As he accepted earlier, putting all the information in the public domain could undermine our negotiating position. Furthermore, we must consider the importance of Ministers receiving unvarnished advice without the risks of it being published. That is particularly relevant in this case given that much of the development of this analysis has helped to inform advice to Ministers regarding our exit from the European Union. If the motion were to pass, we would need to reflect on these various constraints and conflicting responsibilities when it comes to passing information to the Exiting the European Union Committee.

I take note of the points that the right hon. and learned Gentleman made about looking at redaction or summary as an approach. Given the generosity of his approach in that regard, we will not be opposing the motion today. However, I do say that we need to look at the content of the analysis. As he quoted the Secretary of State’s comments before the Lords EU Committee yesterday, I point out that there has been some misunderstanding about what this sectoral analysis actually is. It is not a series of 58 economic impact assessments.

--- Later in debate ---

[John Redwood]

We can have a system of authorised economic operators, developing the existing system, and it will be quite easy to speed the lorries through, and if we still have to impose tariffs because there is no agreement, we will be able to do that electronically, without there being a lorry jam.

[Charlie Elphicke]

Does my right hon. Friend agree that the other side talk about queues at the port because they actually hope that Brexit will be a disaster for this country? They want to stop Brexit and they want the worst for this country. They should put Britain first.

[John Redwood]

My hon. Friend is absolutely right: it is always doom and gloom. It is always about what can go wrong.