Oral Answers to Questions Debate
Full Debate: Read Full DebateDavid Davis
Main Page: David Davis (Conservative - Goole and Pocklington)Department Debates - View all David Davis's debates with the Department for Exiting the European Union
(7 years, 9 months ago)
Commons ChamberI ask the House to forgive my voice. It is just wear and tear, not emotion.
The Prime Minister’s speech set out a comprehensive plan that includes all our central negotiating objectives. She confirmed yesterday that we will publish the plan in a White Paper. It will answer key questions that have been asked on our approach to the single market, the customs union and the type of trading relationship we are seeking. It will be widely welcomed as a serious and ambitious vision of a new, positive and constructive partnership for Britain and the European Union that will be good for Britain and good for the rest of Europe.
I thank the Secretary of State for that answer, but will he please explain to the aerospace industry, the health service, the universities and other major employers in my constituency, which account for thousands of jobs, how they should have confidence in this country’s ability to negotiate beneficial trade deals when we have barely any specialist trade negotiators and we have had no experience of negotiating trade agreements for decades?
It does not help the hon. Lady’s own industries, which are very important, if she talks them down. Let me say to the Opposition that it is not only the Government who think this deal is eminently achievable. Just recently, a former EU Trade Commissioner said that the trade deal between the UK and EU can be done in a “very reasonable” period of time—[Interruption.] Let me get to the point. He said:
“I am reading everywhere that it takes five, six, seven…years to do a trade negotiation… Yes that’s true—but it’s not for technical reasons, it’s because you can’t get an agreement. Technically you could make an agreement within a very reasonable period of time because we know each other.”
The point he was making is that there is not a technical constraint, and there are quite enough negotiators in Whitehall to do the job we are talking about.
Will the White Paper highlight the words of article 50, which says that the Union must
“negotiate and conclude an agreement…taking account of the framework for its future relationship”
with the UK? It is therefore impossible to start negotiations unless one has an outline agreement on what that framework should be. Only two frameworks are possible— a continuation of free trade, or a move to trading on most favoured nation terms. Will we press our partners to clarify that right at the beginning of the negotiations?
We already have done. In my one meeting with Mr Barnier, he talked about a sequential approach, which does not seem practical to me. It really is not possible to reach an outcome on either of the negotiations without a clear idea of the trade aspect of the negotiations. My right hon. Friend’s description is pretty accurate. I have said in terms that we intend all of this to be concluded within the two years.
The Government say they want nothing further to do with the European Court of Justice but, as the Secretary of State well knows, in any new free trade agreement with the 27 member states there will have to be a legal arbitration mechanism whose rulings we will be obliged to implement. If the European Court of Justice is not acceptable, what court would be?
It would not necessarily be a court. The right hon. Gentleman is quite right that most international—[Interruption.] Listen to the answer. Most international trade agreements have an arbitration mechanism, and that mechanism is normally preceded by a mediation mechanism, which is used more often. In the case of the Canada arbitration mechanism, for example, three people—one from each side and one neutral—are appointed by agreement. It is a fall-back if agreement cannot be reached, and it is a simple arbitration mechanism. There is all the difference in the world between a simple arbitration mechanism and a Court that reaches into every nook and cranny of your society.
I very much thank the Secretary of State for the part that I know he played in securing the White Paper, which has been welcomed across the House and is good news. Will he now tell us when it might be published and how much time this place will have to debate it?
Of course, the decision to publish the White Paper was a decision solely of the Prime Minister, but it is nice to be able to agree with myself from six months ago. On the timing, the Prime Minister said yesterday that it would be published in due course. We will be as expeditious as we can, but it takes time. My right hon. Friend has been in government, and she knows that there is a procedure for these things and it takes time, but we will not waste time in producing it for the House.
I hope that the Secretary of State gets his voice back because he will need it over the next couple of weeks. Does he think that we should be able to see the White Paper before we consider legislation?
He is. The article 50 legislation is about carrying out the will of the British people—the decision was taken on 23 June. There will be much more legislation after that, which will relate to policy and the maintenance of European law. There will be the great repeal Bill, but also other new primary legislation arising from all that. The White Paper will certainly be before all that and, as I said, I will be as expeditious as possible.
Mr Speaker, you will be aware of how helpful the House of Commons website is. It says:
“White Papers are policy documents produced by the Government that set out their proposals for future legislation.”
Given that article 50 is a significant piece of legislation and this House deserves to scrutinise it, will the Secretary of State commit to publishing the White Paper before the Committee stage—I will give him next week, but before the Committee stage?
As I said, we will be as expeditious as we can. However, I reiterate that article 50 legislation is about putting in place only the beginning of the procedure that was decided by the British people last year. That is not really conditional on the other policy aspects of this but, as I said, I will be as expeditious as I can.
In welcoming this decision, may I ask my right hon. Friend which, if any Select Committee Chairmen have expressed an interest in having the White Paper published with the intention of scrutinising it?
I am concerned by some of the responses of the Secretary of State, who seemed to be bursting with enthusiasm for the White Paper. Now it seems that we may not get it as soon as we need it. Given the level of interest in the legislation and the amendments that will be tabled, we need the White Paper before the Committee stage of the Bill. Will he make sure that we get it?
Well, the Secretary of State can work as fast as he can I suppose, but we need the White Paper before the Committee stage. When we get it, will it be a cut-and-paste of the Prime Minister’s speech, or will we have assessments of the financial impact of different options on this country?
As I said at the beginning, the Prime Minister’s speech—one of the clearest expositions of national policy that I have heard in many years—answered all the questions that the Opposition and the Brexit Committee raised other than those that would actively undermine our negotiating position. The Opposition, of course, tabled a motion that said, “We will not undermine our negotiating position.” It is right that they expect us to obey the rules of the House, but they should do so, too.
Colleagues, may I point out that there are a lot of questions on the Order Paper that I am keen to reach, but exchanges at the moment are quite ponderous? We need to speed up a bit.
Flexibility is important in such complex negotiations, which will require imagination on both sides, and not everybody will be able to know everything at every stage. That is why we have to set out our strategic aim for a new partnership with the EU, encompassing a bold and ambitious trading relationship, and it is also why we will not get drawn into setting out every detail of our negotiating strategy or laying out red lines. Doing so would tie the Government’s hands and make it harder for us to achieve the right deal for the UK, which I presume is what everybody in the House wants.
My right hon. Friend the Member for Hitchin and Harpenden (Mr Lilley) reminded the House that article 50 requires the EU to take account of any future relationship that an independent Britain might have with it as we negotiate the declaration of our independence. Does my right hon. Friend the Secretary of State agree that as we negotiate our independence, we should also show generosity to the EU27 by continuing to offer them access to our market on a free trade basis?
The Secretary of State has repeatedly said that he can maintain flexibility and give the House a say through the great repeal Bill, but that only covers things in legislation. When will the House be able to consider the value of the EU agencies and the cost of setting up new UK ones?
That is precisely the sort of thing that might well come up in legislation. In dealing with these EU agencies, we will seek the best outcome in each case for the relevant sector. When doing so, we will of course talk to the House about the costs and benefits of various options, but we will do that when it is appropriate for the House to know, not while we are in the middle of the detailed negotiations.
In seeking a clean Brexit, we will want to be as flexible as possible in negotiating the continuation of our membership of a free trade area, but does the Secretary of State agree that such an agreement might not be forthcoming and that therefore we must be prepared for a situation in which some form of duties might be necessary? Does he also agree that it is perfectly possible in the modern era, with digital technology, to have the border as a part of the journey, rather than a hard border of old?
I am not going to say definitely no to the hon. Member for Rhondda (Chris Bryant); on the contrary. He knows my prejudices—I think that is probably the right word—but it is for Parliament to decide what Parliament wants to do. The essential responsibility for the negotiation is quite properly the Government’s, and the Opposition—indeed, everyone in the House—will hold us to account for that. Nevertheless, the hon. Gentleman is right that there is a role for Parliaments to talk to other Parliaments about the joint interests of their constituents, and in that respect he has my support.
We will make the status of EU nationals in the UK, and of UK nationals in the EU, a priority for the negotiations. I think that we can all agree that this is the right and fair thing to do. The Prime Minister has already set out that we tried to achieve an early agreement on this issue with our EU partners. We will continue to do so. We also want to ensure that our immigration framework operates in the best interests of all parts of the United Kingdom, and we are working closely with the devolved Administrations to achieve that. For example, the Joint Ministerial Committee, which I chair, carefully considered the Scottish Government’s paper “Scotland’s Place in Europe” last week. We have made it clear that we intend to protect the existing rights enjoyed by UK and Irish nationals when in the other state, and to maintain existing border arrangements provided by the common travel area. None the less, immigration is a reserved matter.
If the Government are not going to guarantee residency rights for EU nationals, may I ask what assessment have they made of the impact on the economy and public services of an exodus of EU nationals and the return of thousands of retired British immigrants?
We do not intend to pursue a policy that will lead to that. There is a real issue at the heart of this, but the process is not helped by the slightly holier than thou stance of the Scottish National party. Perhaps the House should be reminded of the words of Nicola Sturgeon during the independence referendum in 2014. She said:
“We have set down a robust and common sense position. There are 160,000 EU nationals from other states living in Scotland, including some in the Commonwealth Games city of Glasgow. If Scotland was outside Europe”—
after independence—
“they would lose the right to stay here.”
I will deal with the issue properly.
Can my right hon. Friend explain why so many EU nationals who start off in Scotland end up in England?
The Prime Minister will today meet an American President who champions torture and is proud to discriminate against Muslims. Does the Secretary of State agree that it is therefore even more important that this Government should send the strong moral message that goods and chattels are bargaining chips, but human beings are not? Will he confirm the residency rights of EU nationals?
At a conference on Brexit in Berlin at the weekend, the uncertainty facing EU nationals who are resident in the UK was made very clear. The Prime Minister’s comments were immensely welcome. Would it be possible for this issue to be resolved as rapidly as possible in the negotiations?
The Prime Minister has made it plain that she has already tried to get agreement among all the member states. Most of them agree, but one or two of them do not, and we have to keep pressing, as we will, to resolve this as quickly as possible. I hope that EU nationals who are currently here will take heart from what we are saying. Our intention is to give them the guarantees that will also apply to British citizens abroad.
The Prime Minister’s speech set out the negotiating priority to ensure that the UK is one of the best places in the world for science and innovation. As part of the negotiations, the Government will discuss with EU member states how best to continue co-operation in the field of clinical trials. In respect of the hon. Gentleman’s question, the UK successfully applied sustained pressure to reform the current directive in the best interests of patients and business. We will follow the EU rules until the point of exit, and those new rules will come into effect shortly. The great repeal Bill will convert EU law as it applies, including EU regulations, into domestic law on exit. If needs be, we can reform the regulations after that.
Given the harmful effect of EU directives on clinical trials and science in the UK, when the time comes to write our own rules will the Secretary of State undertake to listen to some of the clinical practitioners and scientists, not just the big corporate vested interests whose business model depends on having an army of lobbyists in Brussels?
The short answer is absolutely. The hon. Gentleman is right that the original clinical trials directive was a very poorly drafted piece of EU regulation that has certainly increased the burden of undertaking such trials and, if I remember correctly from my own constituency, particularly small trials. [Interruption.] Yes, and those are exactly the sort of people he is talking about. Their views will be taken very seriously in the new regime after leaving.
Since the referendum both the US biotech company Alnylam and GlaxoSmithKline have announced that they are making very substantial investments in the UK. Does my right hon. Friend agree that this demonstrates that, even after we leave the European Union, we will still be a very competitive place for biotech companies to do business?
My hon. Friend is exactly right. I recently went to see some of those biotech companies in Cambridge, and one of the problems with people who talk the country down and talk these industries down is that they underestimate the extent to which pharmaceuticals, life sciences, finance and software are fantastically powerful British industries in which we already have a huge critical mass of talent, which will continue into the future.
The Prime Minister was clear in her speech that she wants to guarantee the status of EU citizens who are already in Britain and our nationals in the EU as early as she can. As I have said, she has already tried to get mutual agreement, and we will continue to try to get it.
Does my right hon. Friend agree that that answer is extremely welcome because there is genuine and widespread concern on this issue? What problems is he encountering with a few member states that are stopping a reciprocal agreement being arrived at now?
Truth be told, I am not 100% sure of the actual problems. In the run-in to these negotiations, the Commission and some member states have taken a very stern stance on no negotiation before notification, and they may think that such an agreement is trying to pre-empt that. That is not the intention; the intention is to act in the interests of European citizens, which after all should be the principal aim of the European Union.
Those problems notwithstanding, there are many talented people from the European Union who have made an enormous contribution to the economy and the cultural life of our country. Surely the right hon. Gentleman agrees that he does not need an agreement with other EU member states. There is going to be an agreement, and he would get a lot of good will from the public and from our partners across the European Union if he unilaterally made that commitment today.
I thank the hon. Gentleman for the tone in which he put his question, but we have a dual responsibility. We have a responsibility within our own country to maintain a high moral stand in what we do—I see this as a moral question—and, on the other hand, we also have a responsibility to our citizens abroad, and it is a legal responsibility as well as a moral one. We will get this resolved, and I give him an undertaking that we will resolve it as fast as we possibly can.
We recognise that the large majority of trade agreements involve some form of dispute resolution or enforcement mechanism, and there are a range of models for dispute resolution mechanisms in international trade agreements. We have been clear that we will bring an end to the jurisdiction of the European Court of Justice in the United Kingdom. The dispute resolution mechanisms adopted as part of our future trading relationship with the EU and other international parties will be a matter for negotiation.
The Prime Minister has said that she wants a comprehensive free trade agreement with the EU and that, in future, our laws will be interpreted by British judges in British courts, but every comprehensive free trade agreement has some sort of independent trade dispute resolution mechanism. Does the Secretary of State agree that this sort of inconsistency needs to be ironed out by rigorous parliamentary scrutiny of the Prime Minister’s plan?
It is not an inconsistency but a lack of understanding on the part of the Opposition. As I have said, there are a range of models and a large number of international trade agreements with arbitration mechanisms, but they are just that. They are agreed arbitration mechanisms; they are not mechanisms that bring the influence of the European Court into all parts of British society—that is what is going to be resolved by leaving the European Union.
As the Prime Minister said, we will put the final deals agreed between the UK and the EU to a vote in both Houses of Parliament. We have always said that we will observe the constitutional and legal obligations that apply to the final deal. As I have said many times, we will keep the House informed throughout the process.
Will my right hon. Friend confirm that both Houses of Parliament will have several opportunities to vote on a wide range of legislation determining substantial policy decisions as we exit the EU?
My hon. Friend is absolutely right. The article 50 Bill will be introduced imminently. A great repeal Bill is to be introduced in the next Session—an important piece of legislation that will ensure that all EU law is converted into UK law, including on issues such as workers’ rights and environmental regulations, which I would have thought would matter to the Opposition. There will be subsequent legislation on those and other issues. But that is just the beginning. Exiting the European Union will give this Parliament control of its own laws again. Decisions on policy will be taken here, not in the European Union, and we will be back to being a free country again.
I call Brendan O’Hara. Where is the chappie? Extraordinary fellow. Tasmina Ahmed-Sheikh.
The Government will shortly introduce a straightforward Bill to enable us to trigger the EU exit mechanism. The question is not about whether we should leave—that decision was taken on 23 June—but about respecting the referendum result and doing what the majority of people in the country want: to get on with the job of making a success of our new position in the world. The Prime Minister has been clear about what she seeks to achieve and has set out a bold, ambitious plan to build a global Britain that the whole UK can get behind.
In the Prime Minister’s speech at Lancaster House on 17 January, she promised to
“put the preservation of our precious Union at the heart of everything we do.”
Given that we are told that this is a Union of equals, what formal role will be given to the devolved Administrations when the UK negotiates its new relationship with the EU?
The formal role is already in place. We have a Joint Ministerial Committee at which the Scottish Government is represented, and representatives from the Northern Ireland Executive and the Welsh Government also attend. We have had three meetings so far and have another meeting on Monday in Cardiff and another in early February. We are taking formally the papers submitted by the Scottish and Welsh Governments, and we will take them on board. The point that we have made throughout the process is that the negotiation is sophisticated and complex and will be difficult. It must be done under a single banner, but it will be done in a way that reflects and protects the interests of all parts of the United Kingdom.
Now that we have a commitment to a White Paper, the role of Parliament in the article 50 process needs to be determined, which is why Labour will seek to table an amendment to the proposed article 50 Bill to require the Secretary of State to lay before the House periodic reports, at intervals of no less than two months, on the progress of the negotiations under article 50. Will the Secretary of State commit now to the principle of periodic reports? [Interruption.]
From behind me I hear, “Like he’s not going to do that.” The hon. and learned Gentleman says two months. Since September, over five months, I have made five statements in front of this House, participated in 10 debates, and appeared in front of a number of Select Committees. That process will continue. I suspect that two months will be a rather unambitious aim.
The role of Parliament at the end of the exercise will also be important. The Prime Minister has said that MPs will have a vote on the final agreement. Will the Secretary of State today state categorically that MPs in this House will have no less involvement in the process and no less a say over the final article 50 agreement than MEPs in the European Parliament?
That is all very well, but the complete premise of the question is wrong. That is not what the Health Secretary said; he was misreported and misinterpreted. What I will say to the hon. Lady is this: what we will be doing is, first, putting the clinical safety of the British people at the front of the priority list, and then looking after the interests of British industry, particularly biosystems and life sciences, in which we are a world leader now and will continue to be after we leave.
As chair of the all-party group on rare, genetic and undiagnosed conditions, I know that the issue of clinical trials is a big one for patients, as they are concerned that exiting the EU will mean that nothing will replace those trials. Will my right hon. Friend assure the House and those patients that the trials will be replicated as soon as we leave the EU?
In response to an earlier question, the Secretary of State said that we needed both flexibility and imagination in tackling these complex negotiations. My manufacturing sector and my university want competence, and they are worried about the competence of the team sitting on that Government Front Bench to carry out the negotiations thoroughly.
I had better deal with this one.
Interestingly, if we look at the response around Europe to the Prime Minister’s speech about competence, we see, for example, that the Spanish Secretary of State for Foreign Affairs, whom I saw only a couple of weeks ago, welcomed it widely and said that we had an eminently achievable aim in everybody’s interests.
In my constituency, we are lucky to see the excellent Airbus A400M as it flies from RAF Brize Norton. Does my right hon. Friend agree that this is an excellent example of defence co-operation between Britain and her European allies, and that such defence co-operation will continue when this country leaves the European Union?