European Union (Notification of Withdrawal) Bill

David Davis Excerpts

Tuesday 31st January 2017 Commons Chamber

[The Secretary of State for Exiting the European Union (Mr David Davis)]

I beg to move, that the Bill be now read a Second time.

Given your admonishment, Mr Speaker, and indeed the state of my voice, I give the House warning that I will not take very many interventions. I will take some, but not my normal two dozen.

The Bill responds directly to the Supreme Court judgment of 24 January, and seeks to honour the commitment the Government gave to respect the outcome of the referendum held on 23 June 2016. It is not a Bill about whether the UK should leave the European Union or, indeed, about how it should do so; it is simply about Parliament empowering the Government to implement a decision already made—a point of no return already passed. We asked the people of the UK whether they wanted to leave the European Union, and they decided they did. At the core of this Bill lies a very simple question: do we trust the people or not? The democratic mandate is clear: the electorate voted for a Government to give them a referendum. Parliament voted to hold the referendum, the people voted in that referendum, and we are now honouring the result of that referendum, as we said we would.

[Philip Davies (Shipley) (Con)]

Will the Secretary of State give way?

[Mr Davis]

Not at the moment.

This is the most straightforward possible Bill necessary to enact that referendum result and respect the Supreme Court’s judgment. Indeed, the House of Commons has already overwhelmingly passed a motion to support the triggering of article 50 by 31 March. We will respect the will of the people and implement their decision by 31 March.

Clause 1(1) simply confers on the Prime Minister the power to notify, under article 50 of the treaty on European Union, the United Kingdom’s intention to withdraw from the European Union. Clause 1(2) is included to make it clear that the power to trigger article 50 may be conferred on the Prime Minister regardless of any restrictions in other legislation, including the European Communities Act 1972. Together, these clear and succinct powers will allow the Prime Minister to begin the process of withdrawal from the European Union, respecting the decision of the Supreme Court. This is just the beginning—the beginning of a process to ensure that the decision made by the people last June is honoured.

[Philip Davies]

Given that triggering article 50 is an inevitable consequence of the result of the referendum, does the Secretary of State agree that although it may be honourable for MPs who voted against having a referendum in the first place to vote against triggering article 50—that would be entirely consistent—it would be entirely unacceptable for those who voted to put this matter to a referendum to try to renege on the result of that referendum?

[Mr Davis]

My hon. Friend makes his point in his own inimitable way. As he knows, I always take the view that people’s votes in this House are a matter for their own honour and their own beliefs.

[Alex Salmond (Gordon) (SNP)]

Will the Secretary of State give way?

[Mr Davis]

If the right hon. Gentleman will forgive me, I want to make a little bit of progress, and I will then give way to him.

I draw hon. Members’ attention to the explanatory notes to the Bill, which set out the application of the Bill to Euratom. The Bill also gives the Prime Minister the power to start the process to leave Euratom. The Bill makes it clear that in invoking article 50, we will be leaving Euratom, the agency established by treaty to ensure co-operation on nuclear matters, as well as leaving the European Union. This is because, although Euratom was established in a treaty separate from the EU agreements and treaties, it uses the same institutions as the European Union, including the European Court of Justice. The European Union (Amendment) Act 2008 makes it clear that in UK law membership of the European Union includes Euratom. That is why article 50 applies to both the European Union and to Euratom.

[Chris Philp (Croydon South) (Con)]

I received an email yesterday from Professor John Wheater, the head of physics at Oxford University, who had the very dubious pleasure of being my tutor for four years in the mid-1990s. He is concerned about the implications for his fusion research programme of our leaving Euratom. Is there any way in which we could postpone leaving Euratom by a year or two, and if that is not possible, what assurance will the Secretary of State give Professor Wheater and his colleagues?

[Mr Davis]

The first thing I would say to my hon. Friend is that there is a two-year timetable, so we are still two years out from this. The Prime Minister has also said very clearly in her industrial strategy and in her speech on Brexit that we intend to support the scientific community and to build as much support for it as we can. When we engage in negotiations after March, we will negotiate with the European Union with the aim of creating a mechanism that will allow the research to go on.

[Mr Speaker]

Order. I do not want to have to keep saying this, because I know it is very tedious. I know that the Secretary of State is a most attentive Minister, but may I appeal to him not to keep turning around and looking at people behind him? It is incredibly frustrating for the House. I know that is the natural temptation. [Interruption.] I am sure that he has made a very valid point, but it suffered from the disadvantage that I could not hear it.

[Alex Salmond]

rose—

[Mr Davis]

I give way to the right hon. Gentleman.

[Alex Salmond]

The question from the hon. Member for Croydon South (Chris Philp) is an illustration of the fact that the consequences of the Bill go much further than the Secretary of State is telling us. Is not the reason why the Government find themselves in a position of such abasement to President Trump that they have decided to abandon the high ground of the single marketplace, without so much as a negotiating word being spoken? That is why they are desperate to do a deal with anybody on any terms at any time. Why did the Secretary of State lead this country into a position of such weakness?

[Mr Davis]

That is almost exactly the opposite of the case. Since the right hon. Gentleman picks up on Euratom, let me make the point in rather more elaborate detail. Euratom passes to its constituent countries the regulations, rules and supervision that it inherits, as it were, from the International Atomic Energy Agency, of which we are still a member. When we come to negotiate with the European Union on this matter, if it is not possible to come to a conclusion involving some sort of relationship with Euratom, we will no doubt be able to reach one with the International Atomic Energy Agency, which is possibly the most respectable international body in the world. I am afraid he is wrong on that.

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

Will the Secretary of State give way?

[Mr Davis]

No.

Our aims are clear: we will maintain the closest possible nuclear co-operation with the European Union. That relationship could take a number of different forms, and it will of course be subject to negotiations that will start after we have notified.

[Mark Pritchard (The Wrekin) (Con)]

Brexit affords huge opportunities for international trade for global Britain, and part of that global trade is with the single European market. Although there may be access to the full market—hybrid access—will the Secretary of State confirm that anything that introduces new taxes, tariffs or duties on British goods is not in our national economic interests?

[Mr Davis]

The answer to that intervention is yes.

[John Woodcock]

May I urge the Secretary of State and the Government to keep an open mind on Euratom? There is a danger that years of uncertainty will put at risk the 21,000 new jobs slated to come in as part of the Moorside development, as well as many others across the UK?

--- Later in debate ---

[Mr Davis]

The hon. Gentleman made his point very well, and I take it absolutely. He is right that a lot of jobs are involved, as are our standing in the scientific community and our international reputation, as well as individual projects, such as the Joint European Torus project and ITER—the international thermonuclear experimental reactor—all of which we will seek to preserve. We will have the most open mind possible. The difficulty we face is of course that decisions are made by unanimity under the Euratom treaty, so we essentially have to win over the entire group. We will set out to do that, and we will do it with the same aims that he has described. Absolutely, yes: I give him my word on that matter.

[John Redwood (Wokingham) (Con)]

Will the Secretary of State give way?

[Mr Davis]

No, not for the moment.

The Prime Minister set out a bold and ambitious vision for the UK, outlining our key negotiating objectives as we move to establish a comprehensive new partnership with the European Union. This will be a partnership in the best interests of the whole of the United Kingdom, and we will continue to work with the devolved Administrations to make sure that the voices of Scotland, Wales and Northern Ireland continue to be heard throughout the negotiation process. I will come back to this point in more detail, so, if I may, I will take interventions on it a little later.

I made a statement to this House on 17 January about the negotiations ahead of us and I do not propose to repeat it, save to say that our aim is to take this opportunity for the United Kingdom to emerge from this period of change stronger, fairer, more united and more outward-looking than ever before. I also set out our 12 objectives for those negotiations. They are: to deliver certainty and clarity where we can; to take control of our own laws; to protect and strengthen the Union; to maintain the common travel area with the Republic of Ireland; to control immigration; to protect the rights of EU nationals in the UK and UK nationals in the European Union; to protect workers’ rights; to allow free trade with European markets; to forge new trade deals with other countries; to boost science and innovation; to protect and enhance co-operation over crime, terrorism and security; and to make our exit smooth and orderly. In due course, the Government will publish our plan for exit in a White Paper in this House and in the other place. [Interruption.] I hear the normal, noisy shouts from the shadow Foreign Secretary asking when. I will say to her exactly what I said to her in my statement last week: as soon as is reasonably possible. It is very hard to do it any faster than that.

On 17 January, the Prime Minister also made it clear that this House and the other place will have a vote on the deal the Government negotiate with the EU before it comes into force. Ahead of that, Parliament will have a key role in scrutinising and shaping the decisions made through debate in both Houses, and the work of Select Committees, including the Exiting the European Union Committee, whose Chair, the right hon. Member for Leeds Central (Hilary Benn), is in his place.

Ministers will continue to provide regular updates to Parliament. Further, since our proposal is to shift the entire acquis communautaire—the body of EU law—into UK law at the point this country leaves the EU, it will be for Parliament to determine any changes to our domestic legislation in the national interest. But as the Prime Minister said, to disclose all the details as we negotiate is not in the best interests of this country. Indeed, I have said all along that we will lay out as much detail of our strategy as possible, subject to the caveat that it does not damage our negotiating position. This approach has been endorsed by the House a number of times.

[David Morris (Morecambe and Lunesdale) (Con)]

I thank my right hon. Friend for being generous with his time. Does he not agree that there is no such thing as hard Brexit or soft Brexit? There is just Brexit, and we are going to make a success of it.

[Mr Davis]

My hon. Friend is exactly right. I said last week that I view the terms hard Brexit and soft Brexit as propaganda.

[Tom Brake (Carshalton and Wallington) (LD)]

Does the right hon. Gentleman agree that the people need to be better informed about the impact of Brexit? At what point are the Government going to publish their analysis of the impact on jobs of our leaving the single market?

[Mr Davis]

The assertions that people like the right hon. Gentleman made in the run-up to the referendum have turned out to be universally untrue so far, so I do not think he is in a position to lecture us on this matter.

I turn now to the reasoned amendment tabled by the Member for Moray (Angus Robertson). As I have already said, the Bill simply seeks to deliver the outcome of the referendum, a decision the people of the UK have already made. They will view dimly any attempt to halt its progress. The Supreme Court’s judgment last week made it clear that foreign affairs are reserved to the UK Government. The devolved legislatures do not have a veto on the UK’s decision to withdraw from the European Union. However, that does not mean we have not paid a great deal of attention to them. We have consistently engaged with the devolved Administrations through the Joint Ministerial Committee on European Negotiations and the Joint Ministerial Committee plenary. The latter met yesterday in Cardiff, and the meeting was attended by the First Ministers of all the devolved Administrations. In addition, and independent of those meetings, I have had bilateral meetings with the devolved Administrations, and there have been 79 official-level meetings to discuss the interests of each of the devolved Administrations.

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

I am grateful to the Secretary of State for giving way. Does he not accept that the people of Scotland voted to remain within the European Union, and that respect has to be shown to the Scottish people, the Scottish Government and the Scottish Parliament, which empowers the Government to act in our interests? Why will he not negotiate to allow Scotland to remain with access to the single market as we demand?

[Mr Davis]

I remind the hon. Gentleman that there was another referendum a little while ago, which was about the people of Scotland deciding to stay within the United Kingdom. That is what they are doing and that is what we expect them to continue to do.

The Prime Minister has committed to bring forward a White Paper setting out the Government’s plan and I confirm that it will be published in the near future. Guaranteeing UK citizens’ rights in the EU, and EU citizens’ rights in the UK, is one of the objectives set out by the Prime Minister. We have been, and remain, ready to reach such a deal now—now—if other countries agree.

Finally, there has been continual parliamentary scrutiny of the Government on this process: I have made five oral statements in the House of Commons; there have been more than 10 debates, including four in Government time; and over 30 Select Committee inquiries. We will of course continue to support Parliament in its scrutiny role as we reach the negotiating stage.

[Dr Alasdair McDonnell (Belfast South) (SDLP)]

Does the Secretary of State accept that Northern Ireland voted to stay in the European Union? In fact, my constituency voted 70%, on a 70% turnout, to remain. Does he accept that we do not have a devolved Administration at the moment? Does he have any plans to recognise the situation in Northern Ireland and the damage that has already been done to the Northern Ireland economy, in particular our agricultural economy?

[Mr Davis]

The position of Northern Ireland, the peace process and all related issues were obviously at the forefront of the Prime Minister’s mind when she went there as one of her first visits as Prime Minister. It will be at the forefront of my mind, which is why we have, without any qualification whatever, guaranteed the retention of the common travel area. On continuing representation, although there is no Executive individual Ministers stay in place, as is the norm with Governments during election times. I wrote to the Executive a week or so ago asking them to send a representative to each of the Joint Ministerial Committee meetings. They have done so, and they have made a serious and significant contribution to the meetings. We are taking very seriously the analysis they have provided of industries in Northern Ireland, including special issues such as the single Irish energy market. They are the sorts of issues that we have put front and centre in the list of negotiating points to deal with. The hon. Gentleman may absolutely take it as read that we take protecting Northern Ireland very seriously.

We have been clear that there must be no attempts to remain inside the EU, no attempts to re-join it through the back door, and no second referendum. The country voted to leave the European Union and it is the duty of the Government to make sure we do just that.

Finally, we remain committed to the timetable set out by the Prime Minister to trigger article 50 no later than 31 March. We will provide plenty of time for debate and scrutiny of the Bill, but it is equally vital that right hon. and hon. Members move swiftly to adopt this proposed legislation, in keeping with the Prime Minister’s timetable for triggering article 50 by the end of March. The House voted in favour of that timetable in December, and it is providing certainty both at home and in the Europe Union.

I conclude by saying this: the eyes of the nation are on this Chamber as we consider the Bill. For many years, there has been a creeping sense in the country—and not just in this country—that politicians say one thing and then do another. We voted to give the people the chance to determine our future in a referendum. Now we must honour our side of the agreement: to vote to deliver on the result. So, we are considering that very simple question: do we trust the people or not? For generations, my party has done so. Now that question is before every Member of this House. The Bill provides the power for the Prime Minister to begin that process and honour the decision made by the people of the United Kingdom on 23 June last year. I commend it to the House. Trust the people.