EU Exit Agreements
David Davis Excerpts(6 years, 11 months ago)
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The Secretary of State for Exiting the European Union (Mr David Davis)
The UK will exit the EU on 29 March 2019. We are currently negotiating the terms of our withdrawal and hope shortly to move on to the terms of our future relationship. This note sets out the role of Parliament in approving the resulting agreements and how they will be brought into force.
Background
There will be at least two agreements.
A withdrawal agreement will be negotiated under article 50 of the treaty on European Union (TEU) while the UK is a member of the EU. It will set out the terms of the UK’s withdrawal from the EU including an agreement on citizens’ rights, Northern Ireland and any financial settlement, as well as the details of any implementation period agreed between both sides.
Article 50(2) of the TEU sets out that the withdrawal agreement should take account of the terms for the departing member state’s future relationship with the EU. At the same time as we negotiate the withdrawal agreement, we will therefore also negotiate the terms for our future relationship.
However, as the Prime Minister made clear in her Florence speech, the European Union considers that it is not “legally able to conclude an agreement with the UK as an external partner while it is itself still part of the European Union”. This is because the EU treaties require that the agreement governing our future relationship can only be legally concluded once the UK is a third country (i.e. once it has left the EU). So the withdrawal agreement will be followed shortly after we have left by one or more agreements covering different aspects of the future relationship.
How will the withdrawal agreement be approved and brought into force?
The withdrawal agreement will need to be signed by both parties and concluded by the EU and ratified by the UK before it can enter into force. The UK approval and EU approval processes can operate in parallel.
The EU’s chief negotiator, Michel Barnier, has said that he wants to have finalised the withdrawal agreement by October 2018. In Europe, the agreement will then require the consent of the European Parliament and final sign off by the Council acting by a qualified majority. It will not require separate approval or ratification by the individual member states.
In the UK, the Government have committed to hold a vote on the final deal in Parliament as soon as possible after the negotiations have concluded. This vote will take the form of a resolution in both Houses of Parliament and will cover both the withdrawal agreement and the terms for our future relationship. The Government will not implement any parts of the withdrawal agreement—for example by using clause 9 of the European Union (Withdrawal) Bill—until after this vote has taken place.
In addition to this vote, the Constitutional Reform and Governance Act 2010 (CRAG) normally requires the Government to place a copy of any treaty subject to ratification before both Houses of Parliament for a period of at least 21 sitting days, after which the treaty may be ratified unless there is a resolution against this. If the House of Commons resolves against ratification, the Government can lay a statement explaining why they consider the treaty should still be ratified and there is then a further 21 sitting days during which the House of Commons may decide whether to resolve again against ratification. The Government are only able to ratify the agreement if the House of Commons does not resolve against the agreement.
If Parliament supports the resolution to proceed with the withdrawal agreement and the terms for our future relationship, the Government will bring forward a withdrawal agreement and implementation Bill to give the withdrawal agreement domestic legal effect. The Bill will implement the terms of the withdrawal agreement in UK law as well as providing a further opportunity for parliamentary scrutiny. This legislation will be introduced before the UK exits the EU and the substantive provisions will only take effect from the moment of exit. Similarly, we expect any steps taken through secondary legislation to implement any part of the withdrawal agreement will only be operational from the moment of exit, though preparatory provisions may be necessary in certain cases.
How will the agreement governing the UK’s future relationship with the EU be approved and brought into force?
As described above, the agreement governing our future relationship with the EU can only be legally concluded once the UK has left the EU. This may take the form of a single agreement or a number of agreements covering different aspects of the relationship.
Whatever their final form, agreements on the future relationship are likely to require the consent of the European Parliament and conclusion by the Council. If both the EU and member states are exercising their competences in an agreement, member states will also need to ratify it.
In the UK, the Government will introduce further legislation where it is needed to implement the terms of the future relationship into UK law, providing yet another opportunity for proper parliamentary scrutiny.
The CRAG process is also likely to apply to agreements on our future relationship, depending on the final form they take.
[HCWS342]
European Union (Withdrawal) Bill
David Davis ExcerptsTuesday 12th December 2017
(6 years, 11 months ago)
Commons ChamberRead Full debate European Union (Withdrawal) Act 2018 View all European Union (Withdrawal) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 12 December 2017 - (12 Dec 2017)
Anna Soubry
I very much agree with the hon. Lady. It is not right and it is not fair. It also, as she rightly identified, does not reflect leave voters. We have got ourselves into a ludicrous situation whereby a very small number of people in this place, in this Government, and indeed in the country at large, suddenly seem to be running the show. That is not right, because they do not reflect leave voters, who, overwhelmingly, are pragmatic, sensible people who unite with the overwhelming majority of people who voted remain and who, frankly, want us all to get together, move on, get the best deal, and get on with Brexit.
That, I think, is where the British people are. I think they are also uneasy, worried and rather queasy because of all the things that we have spoken about in this place. They now realise, as I think my hon. Friend the Member for East Worthing and Shoreham said, that it is very difficult, this Brexit. It is indeed difficult to deliver it, and many people thought from the rhetoric of the leave campaign that it would be oh, so easy. Indeed, others—such as the Secretary of State, who is beautifully arriving in the Chamber—believed that a trade deal would be done in but a day and a half.
I am being pragmatic, so I am not going to make any more such points; I am going to try to move the discussion on. But I urge all members of Her Majesty’s Government, especially those in the most important positions, to please reach out to the remainers—now often called former remainers—who made up the 48%. I urge those Government members not to tar us with the paintbrush that they may have used for many years, but to try to build a consensus. That means that the Government need to give a little bit more than they have given so far.
The reason why I support the single market, the customs union and the positive benefits of immigration is not that I am some treacherous mutineer. My hon. Friend the Member for East Worthing and Shoreham is hardly some sort of Brexit mutineer, but he is an excellent example of someone who quite properly tables a probing new clause because he is doing his job as a Member of Parliament. That is why amendments have been tabled by all manner of people, and they have been supported in a cross-party manner to a degree that apparently has not been seen for a very long time. That is commendable.
I am no rebel, because like many of my former Back-Bench colleagues who now sit on the Front Bench, I made it very clear to the good people of Broxtowe that I was standing as a Conservative but I did not endorse my party’s manifesto in relation to the single market and the customs union. Sitting on the Front Bench today are hon. Members who, in the past, stood quite properly in their constituencies as Conservatives while making it very clear that they did not support our party’s policy on the European Union and would campaign for us to withdraw. I make no criticism of that. I say, “Thank goodness,” because that is what we want in a good, healthy democracy. But it is ironic, is it not, that the Secretary of State has rebelled, I think, some 30 times on European matters?
Anna Soubry
He says, “More.” I do not criticise him for doing so. I bet he has never been called a Brexit mutineer—well, he would not have been called a Brexit mutineer, but I am as sure as anything that he has not been abused in the same way as other people who have had the temerity to table an amendment and see it through. The Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Wycombe (Mr Baker) rebelled, I think, some 30 times between 2010 and 2015. He and the Secretary of State will understand how important it is for us, having made our case clear to our electorate, to be true to the principles on which we stood and got elected. When we come here, if we do nothing else, we must surely uphold those principles—our mandate—by tabling amendments and voting for them.
If the Government are genuine about getting a good deal and healing the great divide—I very much hope that Ministers understand the damage that is still being caused to our country and the importance of healing the divide—they must reach out tomorrow, if not today, and do the right thing so that we get the right result. That will enable us to build on the consensus that broke out on Friday and move forward with delivering Brexit to get the best deal for everybody in our country.
EU Exit Negotiations
David Davis Excerpts(6 years, 11 months ago)
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Keir Starmer (Holborn and St Pancras) (Lab)
(Urgent Question): To ask the Secretary of State for Exiting the European Union if he will make a statement on progress of the Brexit negotiations between the UK and the European Union.
The Secretary of State for Exiting the European Union (Mr David Davis)
I start by apologising for my voice. Once again, I have acquired the single European cough, but I hope that it will pass.
Negotiations regarding our exit from the European Union are ongoing as we speak. Indeed, we are in the middle of an ongoing round. As such, I have to be a bit more circumspect than usual. We held further talks in Brussels over the past few days and progress has been made, but we have not yet reached a final conclusion. However, I believe that we are now close to concluding the first phase of the negotiations and moving on to talk about our future trade relations. There is much common understanding, and both sides agree that we must move forward together.
Our aims in this negotiation remain as they have always been. In particular, on the issue of Northern Ireland and Ireland, we have been clear that we want to protect all elements of the Good Friday/Belfast agreement to maintain the common travel area and to protect associated rights. We want to ensure that there is no hard border between Ireland and Northern Ireland. We recognise that, as we exit, we must respect the integrity of the EU single market and the customs union, but we are equally clear that we must respect the integrity of the United Kingdom.
There remain some final issues to resolve that require further negotiation and consultation over the coming days. Our officials are in continuous contact, and we expect to reconvene in Brussels later this week for further negotiations. I or the Prime Minister will formally update Parliament once this round of negotiations concludes, as I have done for every round so far. As was made clear by the comments from President Juncker and President Tusk yesterday, all parties remain confident of reaching a positive conclusion in the course of the week.
Keir Starmer
What an embarrassment. The last 24 hours have given a new meaning to the phrase “coalition of chaos”. Yesterday morning, No. 10 was briefing that a deal would be signed. There was high expectation that the Prime Minister would make a triumphant statement to the House. By teatime, we had a 49-second press conference saying that the deal was off. It is one thing to go to Brussels and fall out with those on the other side of the negotiating table; it is quite another to go to Brussels and fall out with those who are supposedly on our own side of the negotiating table. If ever there was a day for the Prime Minister to come to this House to answer questions, it is today.
But let us not be fooled that yesterday was just about choreography. There are two underlying causes of this latest and most serious failure. The first can be traced back to the Prime Minister’s conference speech in October last year, when she recklessly swept options such as the customs union and the single market off the table, and ruled out any role for the European Court of Justice, yet maintained that she could avoid a hard border in Northern Ireland. Well, yesterday the rubber hit the road. Fantasy met brutal reality. Labour is clear that there needs to be a UK-wide response to Brexit, so the question for the Government today is this: will the Prime Minister now rethink her reckless red lines and put options such a customs union and single market as back on the table for negotiations? If the price of the Prime Minister’s approach is the break-up of the Union and the reopening of bitter divides in Northern Ireland, that price is too high.
The second major reason for yesterday’s failure is that we have a Prime Minister who is so weak that the Democratic Unionist party has a veto over any proposal she makes. What precedent does it set when the Prime Minister is called out of negotiations at the 11th hour to be told by the DUP that the deal is off? What signal does that send to the EU about the Prime Minister’s ability to deliver Brexit?
Yesterday confirmed what we already knew: the DUP tail is wagging the Tory dog. This is now deeply serious, so what assurance can the Secretary of State give to the House that a deal will be agreed by the end of the week? Will he now drop the proposal for a fixed deadline in law for exit day of 29 March 2019? If ever there was an example of why that would be absurd, yesterday was it.
Mr Davis
Given my voice, I will wait it out, Mr Speaker.
Let us start with this issue of the single market and customs union. I am glad to see the shadow Chancellor in the Chamber, because he said earlier this year that remaining in the single market would be interpreted as “not respecting” the referendum result. The shadow International Trade Secretary—I cannot see him here—said that a permanent customs union is “deeply unattractive”. He said that as a “transitional phase”, it
“might be thought to have some merit. However, as an end point it is deeply unattractive.”
In fact, he described it rather later as “a disaster”. So much for Labour policy on this matter; we can see why it has changed 10 times in the course of the last year.
On the question with respect to the United Kingdom, I said in my response to the urgent question that I would be circumspect, and I intend to be. I am not going to go in for tit-for-tat comments—that would be very bad for our negotiations—but I will take the opportunity to rebut one falsehood I saw being stirred up by various of our political opponents yesterday: the suggestion that we might depart the European Union but leave one part of the United Kingdom behind, still inside the single market and customs union. That is emphatically not something that the UK Government are considering. So when the First Minister of Wales complains about it, the First Minister of Scotland says it is a reason to start banging the tattered drum of independence, or the Mayor of London says it justifies a hard border around the M25, I say they are making a foolish mistake. No UK Government would allow such a thing, let alone a Conservative and Unionist one.
Sir William Cash (Stone) (Con)
Does my right hon. Friend appreciate that, whether it is in relation to regulatory alignment in Northern Ireland, or in relation to citizens’ rights in respect of these negotiations, there is a serious danger that the European Court of Justice will get itself into every nook and cranny? There is no way in which it can be contained under article 344 of the treaty or, for that matter, in relation to the interpretation of all the matters I have just referred to.
Peter Grant (Glenrothes) (SNP)
On reflection, I think I prefer the phrase “the rubber has hit the road” to the one that I was going to use to describe yesterday’s fiasco.
It is no surprise that leadership contenders are now circling the Prime Minister. I can reveal that there is a vacancy coming up, because the Prime Minister is today being interviewed for the job of Scotland football manager, where her fantastic ability to snatch defeat from the jaws of victory could be put to very good use.
A Government who said they would bring sovereignty back to Parliament are now being controlled by someone who is not even a Member of this Parliament. A Government who refuse to give Parliament any say in the development of our negotiating position are now allowing that negotiating position to be dictated by the leader of a minority Parliament in the smallest of the four nations of this Union. I could not put it better than the shadow Minister: what a shambles; what a complete mess.
Will the Secretary of State now go back to “Scotland’s Place in Europe”, the document published by the Scottish Government that his Government rejected out of hand a year ago, and use that as a basis to produce a solution to an otherwise intractable problem? The fact is that the Government’s red lines are not compatible with each other, as the Brexit Committee concluded only last week. We were therefore unable to see how it is possible to reconcile leaving the customs union with avoiding a hard border between Northern Ireland and the Republic. Will the Secretary of State go back to that paper and use it as a basis for reopening negotiations?
Mr Speaker
Order. I think the hon. Gentleman has concluded his remarks. [Interruption.] The problem is that he has taken one and half minutes plus, and there is huge pressure on time, so I think we must now proceed.
Mr Speaker
Yes, that is only fair, as I allowed the hon. Gentleman to blurt out his question to allow the Secretary of State briefly to answer.
Mr Davis
I will answer very briefly. First, I am very surprised by the hon. Gentleman, of all people, being so dismissive of small nations. Secondly, the Scottish Government document to which he refers was read carefully, and many of its elements are consistent with our negotiating strategy, not least the aim of protecting employment rights. I really think he should recognise that.
Mr Owen Paterson (North Shropshire) (Con)
The Northern Ireland Statistics and Research Agency states that only 5% of Northern Ireland’s sales cross the border south and only 1.6% of the Republic’s exports go north. The Government paper, confirmed by the head of Her Majesty’s Revenue and Customs, says that that is easily surmountable without a hard border. The Belfast agreement confirmed Northern Ireland as an integral part of the United Kingdom with standard regulation throughout. We are going to leave the single market and the customs union. Will the Secretary of State confirm that this week the integrity of the United Kingdom comes first, and that, if necessary, no deal is better than a bad deal?
Mr Davis
My right hon. Friend makes his point well. I have already confirmed that the integrity of the United Kingdom comes first. That is why we have adopted the strategy of saying that the issue of maintaining a free border—an open border; a frictionless border—is best dealt with in the next phase: phase 2. Indeed, that is not just my view, but the view of the Taoiseach, who said on 20 August:
“I think the suggestion that”
has been made
“to a certain extent, is common sense. If we are able to have a trade agreement between the EU and UK then of course it will be much easier to sort out issues around any border between Ireland and Northern Ireland.”
I have suddenly realised that the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) has also said the same thing: “To be fair to David Davis, he is right on issues like Northern Ireland. There is only so far you can get before you move to the next phase.”
Several hon. Members rose—
Hilary Benn (Leeds Central) (Lab)
We all hope that the Government find a form of words that enables the negotiations to move on to phase 2, but do they not have to realise that the reason why there is this problem is because of their decision to leave the customs union and the single market? Given that the leader of the Scottish Conservatives and the Mayor of London have both suggested that whether it is convergence or no divergence, it should be applied to the whole of the United Kingdom, is it not time for the Government finally to recognise that they need to make a different decision if they are to avoid the imposition of a hard border in Northern Ireland?
Mr Davis
I am afraid that, uncharacteristically, the right hon. Gentleman is just wrong about that. I just read out the comment from the Taoiseach in August and a comment from his own Front-Bench spokesman about this subject, and I have set out the views of other Labour Front Benchers who are completely dismissive of being in the customs union in the long run. They are right, I am afraid, in this respect.
Anna Soubry (Broxtowe) (Con)
The British people are fed up to the back teeth with all this. They want a solution. It might be that regulatory alignment is the solution, but if it is good enough for Northern Ireland, it is good enough for the rest of the country. We are a Union, and we will not allow a deal for one part of our great Union and not for the other. May I gently say to the Secretary of State that there is a consensus in this place? Even though, when we had a debate on a motion, Labour Front Benchers, including the shadow Chancellor, voted against the customs union, we are—over here, over there and down there—as one. There is a solution. I do not care how we wrap it up in whatever fancy words, but if it conveys the effect on British business of the single market and the customs union, let us grab it, seize it, rub out the red lines, move on, work together, build a consensus, and get a deal for our nation.
Liz Kendall (Leicester West) (Lab)
The way to solve the border issue, to protect the Good Friday agreement and to hold our United Kingdom together is to stay in the customs union and single market. Is it not the case that the Government only have themselves to blame for choosing—choosing—to rule this option out when they do not have to, which is putting the future of our country at risk?
Mr Jacob Rees-Mogg (North East Somerset) (Con)
Does my right hon. Friend share my sense of gratitude to our friends in the Democratic Unionist party who have helped Her Majesty’s Government to stick to their own policy in these negotiations? Is it not essential that the red lines on maintaining the United Kingdom, and on regulatory divergence whence the benefits of leaving come, are indelible red lines?
Chris Bryant (Rhondda) (Lab)
Actually, there is not a consensus in this House about what should happen. The Government are making a choice. They are choosing a majority that is based on the DUP and trying to keep the Conservative party together, whereas in actual fact there is a vast majority in this House, in the country and in the House of Lords in favour of us staying in the customs union so that we keep the United Kingdom of Great Britain and Northern Ireland together and do not harm our trade. Why will not the Secretary of State just see that?
Mr Bernard Jenkin (Harwich and North Essex) (Con)
May I point out to my right hon. Friend what I know he will agree with: the consensus that we must deliver is the consensus that was delivered in the referendum vote last year; and that was not for some half-in, half-out solution now being advocated by Her Majesty’s official Opposition?
Mr Speaker
Order. I just make two points. First, there is a lot of noise in the Chamber. Members must be heard. Secondly, may I say very gently to the Secretary of State that I appreciate that he has trouble with his voice, but that accentuates the importance of his facing the House so that we can all hear him?
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
In the chaos that was yesterday, it did at least seem to be clear at 9 o’clock in the morning that the Government believed in the idea of regulatory alignment for Northern Ireland and for the Republic, but what is their position now? Have they now ditched any idea of regulatory alignment for Northern Ireland, or do they recognise that actually regulatory alignment is really important not just for the Good Friday agreement, but for businesses right across the United Kingdom? That is what the Secretary of State should be trying to achieve for all of us.
Mr Davis
I refer the right hon. Lady to the speech that the Prime Minister made in Florence, because in it she dealt with—[Interruption.] Clearly, if Opposition Members cannot read, that is not a problem. I refer the right hon. Lady to that speech, because in it the Prime Minister made a very plain case for the sorts of divergence that we would see after we left. She said that there are areas in which we want to achieve the same outcomes, but by different regulatory methods. We want to maintain safety, food standards, animal welfare and employment rights, but we do not have to do that by exactly the same mechanism as everybody else. That is what regulatory alignment means.
Mr John Baron (Basildon and Billericay) (Con)
The Secretary of State is absolutely right to remind the House that the only way of respecting the result of the referendum is by leaving the customs union and single market, which are part and parcel of the EU. Does he accept that in any negotiation there will be ups and downs, and that we should remember that both sides in this negotiation have agreed to the principle that nothing is agreed until everything is agreed?
Mr Davis
My hon. Friend is right, and that was part of the text that we discussed yesterday. Of course there will be ups and downs and pressure points—that is what negotiations are like. I have to tell the House that yesterday it was not London but Brussels that forecast an instant outcome. We had said that Monday’s discussion was a “staging post”, and we want to get to the outcome by 15 December—full stop.
Kate Hoey (Vauxhall) (Lab)
I am sure that millions of members of the public think that our Government are not being tough enough with the European Union, and that in these negotiations, we should say clearly that the EU is stopping the continued co-operation—[Interruption.]
Mr Davis
The hon. Lady makes a point that is, I am sure, supported by many members of the public. I said at the beginning of the process more than a year ago that I would be unusually courteous and polite to the other side in this negotiation. I will continue to be so, because that is the best way to advance the British cause.
Crispin Blunt (Reigate) (Con)
Yesterday’s difficulties demonstrate how hard it will be to get an overall agreement. If there is no trade agreement, there will be no transition period beyond 2019. Will the Secretary of State ensure that the necessary contingency planning takes place in case that happens, and that that planning includes identifying the best way of making sure that the border between the north and south of Ireland is as soft as possible?
Mr Davis
I think I said to my hon. Friend when he was Chair of the Foreign Affairs Committee that we had a great deal of contingency planning under way to deal with all options, from the option we are seeking—the free trade agreement—right down to the option we are not seeking, which is no agreement. That is the whole range, and we are looking at and planning for all those outcomes. More than 150 projects are already under way, and there will be more.
Nigel Dodds (Belfast North) (DUP)
It should come as no surprise that Dublin and the Irish Government wish to advance their interests. The aggressive and anti-Unionist way in which they have gone about doing so is disgraceful. It has set back Anglo-Irish relations and damaged the relationships built up within Northern Ireland in relation to the devolution settlement. That damage will take a long time to repair.
It should also come as no surprise that the Democratic Unionist party stands strong for the Union and stands strong for Northern Ireland’s place in the Union under the terms of the devolved settlement. We will not allow any settlement to be agreed that causes the political or economic divergence of Northern Ireland from the rest of the United Kingdom. To do so would be not only politically damaging, but economically catastrophic for everyone in Northern Ireland—Unionist, nationalist, remainer or Brexiteer.
The reality is that one of the good things that came out of yesterday was an agreement from Members on both sides of the House—from Labour and Conservative Back Benchers—as well as from Ruth Davidson, Carwyn Jones and everybody else, that the United Kingdom stands together and that nothing will happen that will cause the breakup of this great United Kingdom.
Antoinette Sandbach (Eddisbury) (Con)
Tens of thousands of jobs in my constituency are in sectors that are urging the Government to adopt regulatory alignment. May I therefore support the Prime Minister in making that offer to the European Union, on the condition that it applies, as others have said, to the whole United Kingdom?
Mr Davis
The presumption of the discussion was that everything we talked about applied to the whole United Kingdom. I reiterate that alignment is not harmonisation. It is not having exactly the same rules; it is sometimes having mutually recognised rules, mutually recognised inspection and all that sort of thing. That is what we are aiming at.
Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)
In his response to my hon. Friend the Member for Leicester West (Liz Kendall), the Brexit Secretary intimated that staying in the customs union and single market would betray the referendum result. No one told my constituents or the country before the referendum that Brexit would entail leaving the customs union and the single market. In the light of yesterday’s shambles, will the Brexit Secretary look again at the Government’s decision and move towards staying in the customs union and the single market?
Mr Davis
If the hon. Lady will forgive a factual correction, people certainly did. The Prime Minister at the time did so, as did the Chancellor at the time and, I think, the leaders of the leave and remain campaigns. I suggest that the hon. Lady looks at the records of “The Andrew Marr Show”, on which they all said that.
Sir Desmond Swayne (New Forest West) (Con)
May we return to the Prime Minister’s original intention that there would be no running commentary? This discussion is driving the Opposition into a state of apoplexy when strategic patience is required.
Mr Ben Bradshaw (Exeter) (Lab)
If the Secretary of State is serious about wanting a solution in the national interest that commands majority support in Northern Ireland, the rest of the United Kingdom and this House—I am delighted to say that that would seem to include my own Front Benchers—why does he not bring to this House a motion, on a free vote, on staying in the customs union and the single market?
Mark Pritchard (The Wrekin) (Con)
Does the Secretary of State believe that it is possible to leave the single market and the customs union, yet have UK regulatory alignment?
Joanna Cherry (Edinburgh South West) (SNP)
I understand that yesterday the Prime Minister had to withdraw her agreement to her own agreed text as a result of the DUP’s intervention. Does the Minister really think that it is acceptable for a British Prime Minister to have to conduct herself in such a way in international negotiations?
Stephen Crabb (Preseli Pembrokeshire) (Con)
Does my right hon. Friend agree that this discussion demonstrates that no workable solution to the border conundrum will satisfy the purists, wherever they stand in the debate? Does he therefore agree with the point made by Bertie Ahern and William Hague in recent days that the way through this is to show a much greater appetite for using technology-based solutions—[Interruption.] Does he agree that on the problems that technology cannot overcome, all sides will just have to show flexibility and adaptability about how rigidly they enforce and interpret their own principles and border rules?
Mr Davis
My right hon. Friend is absolutely on the nail, although what he said clearly did not go down very well with the luddite tendency in the Opposition. The other thing that is required is for us to get on to the second phase and talk about a free trade agreement, which will do more than anything else to facilitate this.
Mr Chris Leslie (Nottingham East) (Lab/Co-op)
Perhaps the Secretary of State could accept the constructive offer made by many hon. Members on both sides of the House. The right hon. Member for Broxtowe (Anna Soubry) and the hon. Member for Eddisbury (Antoinette Sandbach), as well as Opposition Members, have said that there is a majority in favour of the regulatory alignment that the Prime Minister proposed for Northern Ireland, the Republic and the rest of the United Kingdom. With a few exceptions, the Secretary of State would get a lot of votes from Opposition Members if he put that question. Why does he not just do so?
Mr Davis
We have talked at great length about what we mean by regulatory alignment—I have just done so today. It is not harmonisation, being in the single market, or having exactly the same rules; it is this House exercising its democratic right to choose our own laws in such a way as to maximise our ability to sell abroad. That is how it will work.
Sir Hugo Swire (East Devon) (Con)
Is it worth gently reminding the Taoiseach and the Government in Dublin how we behaved when they were in financial trouble and we helped bail them out? Is it also worth gently reminding them that, post Brexit, Irish nationals will continue to have the right to live and work in the UK? Finally, is it not worth gently reminding them that the UK is the most important economy to the Republic of Ireland? We wish to be good and productive neighbours, and they should enter into these negotiations with that long-term view in mind.
Mr Davis
I am sure that the Irish Government are conscious of all those things, but let me pick one point that my right hon. Friend made. When I last reported to this House—on 17 November, I think—I reiterated that the common travel area, which allows absolute freedom of movement between the two countries and absolute equality of treatment between our citizens, will remain in place, as will the constitutional protections allowing people from Northern Ireland to choose which nationality they wish to adhere to. We are protecting those rights very carefully.
Heidi Alexander (Lewisham East) (Lab)
I put it to the Secretary of State that his Government’s dogmatic insistence on pulling us out of the single market and the customs union threatens not only our future jobs, rights and prosperity, but the future territorial integrity of our country. When he looks back in a few years’ time and reflects on his role in creating this mess, how does he think he will feel?
Vicky Ford (Chelmsford) (Con)
Does my right hon. Friend agree that, as with the Ashes test match, the week is not yet over? It is in the interests of Ireland as well as the UK to avoid a no-deal Brexit and find the long-term strategic partnership, and therefore all parties need to keep talking.
Tom Brake (Carshalton and Wallington) (LD)
The Government’s sheer incompetence is turning the Brexit negotiations into a national humiliation. Is it not time that the Secretary of State agreed that staying in the single market and the customs union is the only way to solve the Northern Ireland border, and indeed by staying in permanently—I say that as much for the benefit of Labour Front Benchers as for his—and that he should give the people a vote on the deal, to secure popular support for that stance?
John Stevenson (Carlisle) (Con)
Will the Minister reassure me that when it comes to negotiations with the EU, the Government will pursue a flexible policy that includes the possibility of establishing a model similar to that of Norway or Switzerland, which would undoubtedly benefit the Irish issue?
Mr Pat McFadden (Wolverhampton South East) (Lab)
The Prime Minister’s humiliation yesterday, when she was forced to disagree with herself, shows that this is less a negotiation and more a set of decisions, and those decisions are being framed by the contradictory red lines that the Government have thrown out, without regard to the consequences, on a hard border, the single market and the customs union. The Secretary of State’s colleague Ruth Davidson said this morning:
“If regulatory alignment in a number of specific areas is the requirement for a frictionless border, then the Prime Minister should conclude this must be on a UK-wide basis.”
She is right, is she not?
Mr Peter Bone (Wellingborough) (Con)
Did you notice, Mr Speaker, that the shadow Minister, just at the end of his question, committed the Labour party to dropping 29 March 2019 as the date on which we come out of the European Union? Will the Secretary of State confirm that it is the Government’s policy that we are definitely coming out by 29 March 2019?
Alison McGovern (Wirral South) (Lab)
Will the Secretary of State confirm when the Cabinet took the decision that our country would leave the single market and the customs union?
Mr David Jones (Clwyd West) (Con)
Does my right hon. Friend agree that maintaining the integrity of our country requires that there should never be any internal borders, economic or otherwise, within the territory of the United Kingdom?
David Simpson (Upper Bann) (DUP)
The Secretary of State will know that the Democratic Unionist party and businesses in Northern Ireland have advocated a sensible Brexit deal with Northern Ireland, but does he also agree that the Republic of Ireland, through its intransigence, could risk everything and lose the most out of this?
Paul Masterton (East Renfrewshire) (Con)
Does my right hon. Friend agree that if regulatory alignment in certain specific areas is a requirement to solve the Northern Ireland border issue, then protecting the constitutional integrity of the United Kingdom requires that solution to be adopted UK wide?
Ms Angela Eagle (Wallasey) (Lab)
Yesterday, our Prime Minister was humiliated by having the rug pulled from under her by the DUP. Was she not naive even to attempt to do a deal of the sort she tried to do, knowing that the DUP would inevitably veto it? With the negotiations in such fantastic hands, will the Secretary of State now admit that the only way to move forward without a hard border in Northern Ireland, to protect the jobs of my constituents, is for us to stay in the customs union and the single market?
Richard Graham (Gloucester) (Con)
This urgent question is spectacularly badly timed, in the middle of talks to move to the next phase—[Interruption.] The truth is—
Richard Graham
I would never dream of it, Mr Speaker. My point was that many negotiations, if not most, come good towards the end. Therefore, rather than sledging the Government, I urge the Secretary of State and the Prime Minister to maintain their resilience and patience and see this through, which will require compromises on all sides to reach a good solution.
Chuka Umunna (Streatham) (Lab)
The Secretary of State talks about the will of the people, but of course the Government put leaving the customs union and the single market to the electorate at the general election and lost their majority. Can I ask him a very specific question? Clearly, there is no consensus on having an arrangement whereby only Northern Ireland is part of the single market and the customs union, and no business or Government I have spoken to think that technology is the answer. He has said that he does not think that keeping the UK overall in the customs union and the single market is the answer, so what does he believe is?
Mr Davis
A comprehensive free trade agreement, a customs agreement and all the associated regulatory alignment. While I am on my feet, let me pick the hon. Gentleman up on his comment about the result of the general election. I remind him that 85% of Members of this House were elected on manifestos that said we should leave the European Union.
Stephen Hammond (Wimbledon) (Con)
My right hon. Friend will of course know that the UK has a large surplus in services with the EU. Does he agree that, for the continued success of legal, professional and financial services post Brexit, not only mutual recognition, but UK-wide regulatory alignment with the EU will be necessary?
Lucy Powell (Manchester Central) (Lab/Co-op)
I am slightly confused now. Yesterday, the Government seemed to accept the principle that the only way to achieve no border or a soft border between Northern Ireland and the Republic of Ireland was through regulatory alignment. Does that principle still stand today? Do the Government accept that that is the only way to deliver the frictionless border?
Dr Andrew Murrison (South West Wiltshire) (Con)
What can be done to help our good friends, the Irish Government, to climb down from the position that they were unwittingly misled into adopting yesterday?
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
If the Secretary of State is so confident that we in this place, the media and the general public are misinterpreting what may or may not have been in the draft agreement, will he publish it to clear things up?
James Cartlidge (South Suffolk) (Con)
The EU Trade Commissioner, Cecilia Malmström, has today tweeted that when we leave, our existing free trade agreements will not be rolled over. That is obviously a significant point, so further to the question asked by my hon. Friend the Member for Carlisle (John Stevenson), does that not add weight at least to considering those trade models whereby we can negotiate our own trade deals globally, but remain part of those that the European Free Trade Association currently has?
Albert Owen (Ynys Môn) (Lab)
Yesterday, for the first time, the Secretary of State realised that the importance of the Irish border issue extends beyond the island of Ireland. To unite the United Kingdom, will he meet the Scottish and Welsh First Ministers to discuss regulatory alignment because it impacts on everyone? If he wants to unite the United Kingdom, he must do better.
Mr Davis
In response to the first half of the hon. Gentleman’s question, I recommend that he read Hansard for my statements here, which will prove that he is absolutely wrong. It is really quite a calumny.
As for the First Ministers, there is a body called the Joint Ministerial Committee, which includes representatives of all the devolved Administrations and meets regularly. Sadly, the Northern Ireland Executive are not there at the moment, which is one of the difficulties we have to deal with.
Richard Drax (South Dorset) (Con)
We leave the EU in 16 months. Will my right hon. Friend assure the House and the country that the EU delegates are well aware that we are preparing to fall back on World Trade Organisation rules if negotiations fail?
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
Does the Secretary of State think that it furthers the cause of the Union to refer to the actions of the First Ministers of Wales and of Scotland as “foolish”, as he did a moment ago? They are not foolish. When it comes to the single market and the customs union, they are absolutely right.
Bob Blackman (Harrow East) (Con)
One of the big prizes to be gained from being free of the European Union is enabling us, as a United Kingdom, to negotiate our own free trade deals across the world. Will my right hon. Friend confirm that nothing in these agreements will fetter our ability to do that?
Wera Hobhouse (Bath) (LD)
Will the Secretary of State accept that leaving the customs union was not on the ballot paper on 23 June 2016?
Chris Philp (Croydon South) (Con)
Given that in European negotiations nothing is agreed until everything is agreed, does the Secretary of State agree that any concessions that we may now make are contingent on reaching a satisfactory end state free trade deal in future?
Mike Gapes (Ilford South) (Lab/Co-op)
Will the Secretary of State tell us the difference between regulatory convergence and regulatory alignment?
Mike Wood (Dudley South) (Con)
Will the Secretary of State confirm that, in the negotiations, the Government still aim to conclude an agreement on an implementation phase as early as possible in the new year and that that agreement would similarly benefit the European Union?
Alan Brown (Kilmarnock and Loudoun) (SNP)
Despite trying to cave in on every EU ask so far, the Government have not been able to conclude the preliminary negotiations in 18 months, yet we are to believe that they will conclude the substantive negotiations in 15 months. They have not been able to agree a good deal with the DUP, yet we are to believe that they will get a good deal from the 27 member states. It is obvious that they do not know a good deal from a bad deal and we are heading towards a no-deal scenario, so when will they start planning and present transparent information on the implications?
Robert Halfon (Harlow) (Con)
Where are the Government, in terms of our post-club membership, on handing over a bill to the European Union? What is the amount that has been decided: £40 billion, £50 billion, more, or less?
Karin Smyth (Bristol South) (Lab)
The Irish issue has never been about wandering cows or static cameras. It is about what is written behind me: we have “more in common”. The Irish are our closest neighbours and that is the basis of the Good Friday agreement, which I am disappointed that the Secretary of State did not mention in his opening remarks.
I repeat the same question that I have asked the Secretary of State, the Prime Minister and other Ministers six times since January. When will the Prime Minister show courtesy to the people of Northern Ireland and put a date in her diary at least to visit? If she had been there and listened and talked to people, she might not have ended up in the farce that was yesterday.
Mr Davis
Let us start with the hon. Lady’s opening comments. She said that I did not mention the Northern Ireland agreement. I will read the paragraph from my opening statement: “In particular, on the issue of Northern Ireland and Ireland, we have been clear that we want to protect all elements of the Good Friday/Belfast agreement to maintain the common travel area and the protected associated rights.” So much for that. [Interruption.]
Michael Tomlinson (Mid Dorset and North Poole) (Con)
Despite the noise from many Opposition Members, is not it right that, at this stage of the talks, we are closer to an agreement than we have ever been, that that is a good thing—progress has been made—and that we should want to move on to talks about trade, which will be in our national interest and also in the EU’s interest?
Lady Hermon (North Down) (Ind)
Although I readily accept that there are 10 duly elected DUP Members in this House, nevertheless the DUP does not speak for or represent all the people of Northern Ireland. Will the Secretary of State therefore take a few moments to explain to the House, and particularly to all the people of Northern Ireland and the rest of the United Kingdom, the benefits for the whole country of the proposals the Prime Minister took to Brussels yesterday? I was profoundly embarrassed on her behalf.
Mr Davis
The aim for the whole country, as the hon. Lady says, is to maximise the trade benefits of being outside the customs union and the single market, while maintaining as much as possible the benefits we currently enjoy. That is the aim and that is what we are heading towards. I am pretty confident that that is what we will achieve.
Catherine McKinnell (Newcastle upon Tyne North) (Lab)
It is increasingly clear to anyone watching that the Government are incapable of focusing on anything but Brexit, and even then they are making a complete Horlicks of it. What reassurance can the Secretary of State give that the Government are ready to put country before party, not just on the border issue but on our crucial trade negotiations with the EU and the rest of the world?
Mr Davis
Is Horlicks a parliamentary word, Mr Speaker? I might use it in future. I am the Brexit Secretary, so that is of course what I focus on most of the time. The simple fact is that the free trade agreement the hon. Lady talks about is precisely what we are aiming for. It is exactly where we and Brussels want to get to as quickly as possible.
Mr Speaker
The word is certainly not unparliamentary. It could be said to constitute a form of advertising, but it is not disorderly.
Mr Speaker
Or indeed a euphemism, as the right hon. Gentleman pertinently observes from a sedentary position.
Andy Slaughter (Hammersmith) (Lab)
When will we have a decision on the rights of EU nationals in the UK? The Secretary of State has yet again forgotten about them amidst the current chaos. More than 3 million people are in limbo with regard to their future rights, including many Irish citizens to whom we have a particular and long-standing duty.
Mr Davis
We recognise that duty. Indeed, I have said from the Dispatch Box that we view it as a moral imperative. We have made plain that we are doing everything possible to ensure that they carry on with their lives as they do now. We have made that plain and I really wish the hon. Gentleman would not frighten people by taking the opposite view.
Stephen Timms (East Ham) (Lab)
The customs union was not on the ballot paper in the referendum. The Prime Minister was right yesterday to be willing to sign up to regulatory alignment between Northern Ireland and the EU. From the Secretary of State’s answers today, I think he is suggesting that regulatory alignment should apply to the whole UK. Will he confirm that that is the point he is making, and will he explain how he sees that being delivered?
Mr Davis
Of course the referendum question was a short question, but it was a very long campaign. In that campaign, both sides made it plain that being outside the union meant being outside the customs union and outside the single market. Both sides made that plain and, if need be, I can point the right hon. Gentleman to the television programmes on which that was said. I have explained to the House that regulatory alignment is not harmonisation. It is a question of ensuring similar outcomes in areas where we want to have trade relationships and free and frictionless trade. Anything we agree for Northern Ireland in that respect, if we get our free trade area, will apply to the whole country.
Matt Western (Warwick and Leamington) (Lab)
Will the Secretary of State confirm today that Brexit is the
“easiest thing in human history”?
If it is, how is it that the Government are incapable of making it so?
Helen Goodman (Bishop Auckland) (Lab)
Of course the British people voted to leave the European Union, but the common market is extremely popular with the public. We joined the customs union in 1973. Not only would staying in it help to resolve the Irish issues, it would boost British exporters across the country.
Wes Streeting (Ilford North) (Lab)
The Secretary of State says a vote to leave was a vote to leave the single market and the customs union, but that is not what leavers said. He says that the Conservative manifesto committed to pulling us out of both, but that is not what the majority of the public voted for. Is it not time to accept that he will have a majority in this House for a Brexit based on membership of the single market and the customs union, but that we will never give him a majority for a destructive hard Brexit?
Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)
The Prime Minister pushed the Secretary of State to one side to take personal responsibility for leading the negotiations yesterday. Why is she not here today to update the House? Did Arlene Foster say no?
Peter Kyle (Hove) (Lab)
The choices the Secretary of State has made have led him into a cul-de-sac where he now has to make a choice between honouring the spirit of the Good Friday agreement or pleasing the right wingers on his own side and the DUP. Which choice is he going to make?
Ian Paisley (North Antrim) (DUP)
May I thank the Secretary of State for proving yesterday that he can listen and that when he tells Europe no, he means no? We thank him on behalf of the Northern Ireland. Will he take the next available opportunity to speak to the Dublin Government and let them know that if they continue down this reckless path and do not get a trade deal with us, they will end up stumping up a further £1.5 billion in membership fees to the European Union? Better to move to a trade deal sooner rather than later.
Mr Davis
As I said, I am not going to go in for any tit-for-tat with other Governments. What I will say is that the hon. Gentleman is absolutely right that the best outcome for Ireland is a free trade deal and a customs agreement. That will preserve by far and away the largest portion of its trade and protect its economy. That is what we are trying to do.
Mr Adrian Bailey (West Bromwich West) (Lab/Co-op)
Yesterday’s events were a shambles that must undermine our credibility in our negotiations with the EU. However, if there are two positives, they are, first, the Government’s belated recognition of the importance of regulatory alignment with Europe in going forward; and secondly, the display of unity, with all parts of the United Kingdom demanding that what is good for one is good for all. Will the Secretary of State recognise the logic of that, change his position and negotiate on the basis of access to the single market and the customs union?
Mr Davis
First, the hon. Gentleman does not need to point out to a member of the Conservative and Unionist party the importance of the United Kingdom. Secondly, the Union does not require membership of the single market. As far as I remember, the United Kingdom existed well before we were a member of the single market.
Clive Efford (Eltham) (Lab)
Article 50 was designed to be harsh on the country that triggered it. Its author, Mr Giuliano Amato, a former Italian Prime Minister, described it as a
“safety valve that was there”
but should never be used. Are we not setting an unrealistic timescale and is it not time for us to seek to delay the implementation of leaving the European Union, so we can resolve issues around the customs union and the single market?
Alex Sobel (Leeds North West) (Lab/Co-op)
As Arlene Foster now seems to be running the rule over the Government’s EU exit negotiations, are we to expect that a Member from the DUP Bench will join the Secretary of State’s team in a confidence and supply arrangement?
Ruth Cadbury (Brentford and Isleworth) (Lab)
The Secretary of State says he is serious about delivering the best for the United Kingdom and that he thinks Brexit is a cinch. The EU Commissioners estimate that there are currently 142 areas of north-south co-operation that depend on EU law. Is the plan for Northern Ireland to remain aligned in each of those 142 areas, or more widely?
Paul Farrelly (Newcastle-under-Lyme) (Lab)
Presuming that the Government do finally make progress at some stage and we leave the single market, will the Secretary of State outline to the House what sort of agreement he expects to reach on UK access to the European market for services?
Daniel Zeichner (Cambridge) (Lab)
My hon. Friend the Member for Hammersmith (Andy Slaughter) rightly raised the issue of citizens’ rights. Thousands of people in my constituency, and millions across Britain and the EU, are worried about their futures. Last year, we were told that this would be sorted out swiftly and that it would be simple, but it turns out that it is much more complicated. What is the position now in relation to the jurisdiction of the European Court of Justice?
EU Exit Negotiations
David Davis Excerpts(7 years ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for Exiting the European Union (Mr David Davis)
With permission, Mr Speaker, I will update the House on negotiations between the UK and the European Union in November, reflecting our actions since the October European Council.
Both the UK and EU recognised the new dynamic instilled in the talks by the Prime Minister’s Florence speech. At the October Council, the 27 member states responded by agreeing to start their preparations for moving the negotiations on to trade and the future relationship that we want to see. The Council conclusions also called for work to continue, with a view to being able to move to the second phase of the negotiations as soon as possible. It is of course inevitable that discussions are now narrowing to the few outstanding, albeit important, issues that remain. Last week, our focus was concentrated on finding solutions to those few remaining issues. As we move forward towards the December Council, we have been clear with the EU that we are willing to engage in discussions in a flexible and constructive way in order to achieve the progress needed. To that end, our teams are in continuous contact—even between the formal rounds.
I will now turn to the three key ongoing areas of discussions and outline progress made last week on each of them. We have made solid progress in our ongoing discussions on Northern Ireland and Ireland. Key areas of achievement include continued progress in technical discussions on preserving north-south co-operation, agreed joint principles on the continuation of the common travel area and associated rights, and drafting further joint principles on how best we preserve north-south co-operation under the Belfast agreement to help guide the specific solutions to the unique circumstances in Northern Ireland. Both sides also remain firmly committed to avoiding a hard border, a point on which we have remained clear throughout. We also remain resolutely committed to upholding the Belfast or Good Friday agreement in all its parts and to finding a solution that works for the people of Northern Ireland and Ireland.
We have continued to hold frank discussions with our European Commission counterparts about all those issues, but we have also had to be clear with our counterparts that while we respect their desire to protect the legal order of the single market and customs union, that cannot come at the cost of the constitutional or economic integrity of the United Kingdom. As I have said, we cannot create a new border within the United Kingdom. This is an area where we believe we will only be able to conclude talks finally in the context of a future relationship. Until such time as we do so, we need to approach the issues that arise with a high degree of political sensitivity, with pragmatism and with creativity. Discussions on those areas will continue in the run-up to the December Council.
We have continued to make good progress on citizen’s rights, and both sides are working hard towards resolution of outstanding issues. Last week, to respond to the EU’s request for reassurances, we published a detailed description of our proposed administrative procedures for EU citizens seeking settled status in the UK. As our paper demonstrates, the new procedures will be as streamlined, straightforward and low-cost as possible. They will be based on simple, transparent criteria, which will be laid out in the withdrawal agreement. While there remain differences on the issues of family reunion and the export of benefits, we have been clear that we are willing to consider what further reassurance we can provide to existing families of EU residents here—even if they are not currently living together in the UK. I believe that that paves the way to resolving the remaining issues in this area, and that was acknowledged by the Commission on Friday.
There remain some areas where we are still seeking further movement from the EU, such as voting rights, mutual recognition of qualifications and onward movement for British citizens currently living in the EU27. In all three areas, the UK’s offer goes beyond that of the EU. Finally, the Commission has not yet matched the UK’s offer in relation to the right to stand and vote in local elections, which is a core citizen’s right that is nominally enshrined in the EU treaties. I have been disappointed that the EU has been unwilling to include voting rights in the withdrawal agreement so far. As a result, we will pursue the issue bilaterally with member states.
This week, we have also sought to give further clarity on our commitment to incorporate the agreement we reach on citizens’ rights into UK law. This will ensure that EU citizens in the UK can directly enforce their rights in UK courts, providing certainty and clarity for the long term. We have made it clear that, over time, our courts can take account of rulings of the European Court of Justice in this area to help to ensure consistent interpretation. However, as we leave the EU we remain clear that it is a key priority for the UK to preserve the sovereignty of our courts and, as such, in leaving the EU we will bring an end to direct jurisdiction of the ECJ.
It is not my intention to pre-empt the Committee stage of the European Union (Withdrawal) Bill, but what I say next has some relevance to it. It is clear that we need to take further steps to provide clarity and certainty—both in the negotiations and at home—regarding the implementation of any agreement into UK law. I can now confirm that, once we have reached an agreement, we will bring forward a specific piece of primary legislation to implement that agreement. It will be known as the withdrawal agreement and implementation Bill. This confirms that the major policies set out in the withdrawal agreement will be directly implemented into UK law by primary legislation, and not by secondary legislation under the withdrawal Bill. It also means that Parliament will be given time to debate, scrutinise and vote on the final agreement we strike with the European Union. The agreement will hold only if Parliament approves it.
We expect the proposed Bill to cover the contents of the withdrawal agreement, which will include issues such as an agreement on citizens’ rights, any financial settlement and the details of an implementation period agreed between both sides. Of course, we do not yet know the exact details of the Bill and are unlikely to do so until the negotiations are near completion. I should also tell the House that this will be over and above the undertaking we have already made to table a motion on the final deal as soon as possible after the deal is agreed, and that we still intend and expect such a vote on the final deal to happen before the European Parliament votes on it. There cannot be any doubt that Parliament will be intimately involved at every stage.
Finally, on the financial settlement—[Laughter.] I see laughter on the Opposition Benches, but actually this has been called for by Members on both sides of the House, so I hope that we get Labour party support for once.
Finally, on the financial settlement, the Prime Minister’s commitment in her Florence speech stands—our European partners will not need to pay more or receive less over the remainder of the current budget plan as a result of our decision to leave. The UK will honour the commitments we have made during the period of our membership, and this week we made substantial technical progress on the issues that underpin those commitments.
This has been a low-key but important technical set of negotiations, falling as it has between two European Councils. It is now about pinpointing the further technical discussions that need to take place and moving forward into the political discussions and political decisions. We must now also look ahead to moving our discussions on to our future relationship. For that to happen, both parties need to build confidence in both the process and, indeed, the shared outcome.
The United Kingdom will continue to engage and negotiate constructively, as we have since the start, but we need to see flexibility, imagination and willingness to make progress on both sides if these negotiations are to succeed and if we are to realise our new partnership.
I commend this statement to the House.
Keir Starmer (Holborn and St Pancras) (Lab)
I thank the Secretary of State for advance notice of his statement.
This is clearly a statement of two halves. First, the usual “Groundhog Day” report back on the negotiations in Brussels: a round of negotiations; a press conference at the end that leaves us wondering whether the parties were in the same negotiations; then both sides briefing the press in the days immediately afterwards; and then a statement from the Dispatch Box that assures no one, underlining the profound lack of progress.
We want the next statement to be different. We want the Secretary of State to return and inform the House that real progress has been made—a breakthrough, even. Last time we were promised acceleration. What now? And what is the plan if the December deadline is missed?
I recognise some of the difficulties. As the Secretary of State knows, I have some sympathy with the position he has set out on Northern Ireland. As we see from the Northern Ireland Budget Bill, which is before the House today, the political situation in Northern Ireland is fragile. The peace process is too precious to be put at risk by rushing a Brexit deal that does not have the support of all communities. There must be no return to a hard border, and Northern Ireland should not be used by either side in the negotiations for political point scoring—that is an important point.
The second half of the statement is not a report back at all. It is a recognition by the Government that they are about to lose a series of votes on the withdrawal Bill. Labour has repeatedly argued since the Bill was published in July that the article 50 deal requires primary legislation, including a vote of this House—a point that was made forcefully on Second Reading.
Now, on the eve of crucial amendments being debated, we have this statement under the cloak of a report back from Brussels—I do not think it fools anyone. The devil will no doubt be in the detail, but can the Secretary of State now confirm that the Government accept Labour’s argument that clause 9 should be struck from the withdrawal Bill altogether?
Then there is the question of transitional arrangements. It is blindingly obvious to anybody following these negotiations that a final deal with the EU, including a trade agreement, will not be completed by March 2019 and that transitional agreements on the same terms as now are in the public interest. That is what businesses want, it is what communities want and it is what Labour has been calling for, for many, many months. So can the Secretary of State confirm, on the back of the statement he has just made, that the Government will not stand in the way of sensible transitional arrangements on the same basic terms as we have now with the EU? Can he also confirm that the Government will not now be pushing amendments inconsistent with transitional arrangements? And can he confirm to this House that it will get a vote in the event that there is no deal? These questions have been pressing for months. This last-minute attempt to climb down brings them into very sharp focus, and we are entitled to clear answers.
Mr Davis
Yet more carping from the right hon. and learned Gentleman. He complains that the negotiations are not making as much progress as he would like, yet he allowed his Labour MEPs to vote against progress this time around. The question he needs to ask himself is, what would he be prepared to sacrifice in order to buy the good will of the European Commission? We are standing up for UK citizens being able to move around Europe, to use their professional qualifications, to vote in municipal elections. Is he seriously proposing that we let them down in the interests of suddenly rushing ahead? We are standing up for British taxpayers and not wasting their money, with a clear position that we will meet our financial commitments but only once we know more about our future relationship. Would he sell them out? We are using Brexit to restore the sovereignty of the British courts—would he let that go, too? Yes, he would, because he would give the European Court of Justice the right to dictate our laws in perpetuity.
Let me come back to the right hon. and learned Gentleman’s description; he says the second half of the statement does not arise from the negotiations. Well, yes it does, because one of the reasons for the Bill I have announced today is to provide European citizens with primary legislation that will put into British law the withdrawal agreement in toto. So this is as near as we can come to direct effect; it comes directly out of the negotiation. I hope that the next time I come to report to this House, we will get a little more support from the Labour party.
Mr Kenneth Clarke (Rushcliffe) (Con)
We will be debating tomorrow, I believe, a rather unhelpful new clause, first announced in The Daily Telegraph, which bears on the timing of all these processes. May I get my right hon. Friend to set out the Government’s intentions on these final processes and the role of Parliament? Can he give me a reassurance that Parliament will have a legally binding, meaningful vote, in which it will approve or disapprove of any final agreement, or lack of agreement, before we leave the European Union? Will he assure me that there will be time, in whatever circumstances, for the necessary legislation to be introduced, debated and passed, to implement in law, smoothly and properly, whatever it is Parliament has approved once the Government have made their proposals?
Mr Davis
I thank my right hon. and learned Friend for that question. First, yes, we will have a meaningful vote, as has been said from this Dispatch Box any number of times. What I have been saying today is that we are going to add to that, over and above the meaningful vote on the outcome—on the deal—legislation which puts it into effect. In other words, the House will be able to go through it line by line and agree it line by line.
Peter Grant (Glenrothes) (SNP)
I am grateful to the Secretary of State for advance sight of his statement. First, does he not appreciate that it is becoming increasingly clear that the only sensible solution in Northern Ireland is for Northern Ireland to remain in the customs union, and if that means the rest of us remain in the customs union as well, that must be what we do? He has already said that there cannot be a border between the two parts of Ireland, between Northern Ireland and the mainland UK, and between the Republic of Ireland and the European Union, so there cannot be a customs border anywhere between the UK and the European mainland without breaching important international treaties.
On citizens’ rights, I welcome the Secretary of State’s update on progress, but does he not accept that we are now well past the time when our constituents are entitled to absolute legal guarantees and that progress reports are not enough? People are still leaving our businesses, our health service and our social care services because they do not have confidence that there will be a deal in time for them to make their future here.
On the update on the financial settlement, would it be cynical to suggest that things will become a lot simpler when the Chancellor has got his Budget out of the way? Will the Secretary of State tell us what discussions he has had with the Chancellor about what measures might need to be in next week’s Budget to pave the way for a financial settlement in the weeks to come? Or is it the case that there will be no financial settlement in the Budget because the Government know that they could not get a Budget past their own Back Benchers if there was an admission that it included any contribution to the European Union?
Finally, on the announcement of new legislation, the withdrawal agreement Bill, I give credit where it is due: the Secretary of State has done the right thing by announcing this to the House. Some of his Cabinet colleagues could well learn from his example. Will he give us more clarity as to what the Bill will be about? I know that he cannot give us the detail, but when can we expect it to be published? Will it still simply be a question of take it or leave it—their deal or no deal? Will the House be given the opportunity to amend the Bill, as it must have the opportunity to amend any Bill, and thereby have the opportunity to attempt to amend the agreement?
Given that the Prime Minister is now only eight disgruntled Conservative MPs away from facing a vote of no confidence, why should anyone else have confidence in this Government to extricate us from the mess they have created when they are rapidly losing the confidence of their own Back Benchers?
Mr Davis
On the question about Northern Ireland, what I have said in terms, which is what I have said here in the House, is that there will be no internal border within the United Kingdom. That is an absolute fundamental because, apart from anything else, the Good Friday agreement—the Belfast agreement—requires the Government of Northern Ireland to operate on behalf of all communities, and at least one community in Northern Ireland would not accept a border in the Irish sea.
As for the border between Northern Ireland and Ireland, everybody has accepted that there must be no return to a hard border. Some of that is dealt with by the continuation of the common travel area, which has been around since 1923—in that respect, it is not new. In terms of the customs border, there is of course already a difference between levy and tax rates and excise rates north and south of the border, and we manage without a hard border. That is what we will continue to do.
With respect to the Budget, the hon. Gentleman is optimistic if thinks the Chancellor gives any of us more than a week of advance warning of his Budget. Of course, I have discussed with him the financial aspects of our relationship with the European Union at many meetings.
As for the new legislation, I do not think it is in the gift of the Government to put before the House primary legislation that is incapable of amendment. The nature of primary legislation is that it is always capable of amendment. Of course, we will have the practical limitations of having signed a deal and there may be implications because of that, but the whole thing will be put in front of the House.
Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)
I congratulate my right hon. Friend in being clear in his statement that, come 29 March 2019, as we leave the European Union, the European Court of Justice will no longer have direct authority here in the United Kingdom, thus dispelling the games being played out by the Opposition, as we heard this morning.
May I take my right hon. Friend back to what he said in his statement about the Bill and the motion? As I understand it, if we had a motion that was voted on but not passed, that would negate the idea of a Bill that could be amended. If there was a Bill and it was amended—as we were always told throughout the Maastricht negotiations and beyond—an amendment could not be accepted at the end of the day because the agreement would already have been made and thus an amendment would alter the agreement. Does not that potentially lead us into a situation in which we have a Bill that changes the agreement, but the other side does not wish to make those changes?
Mr Davis
With respect to the first half of my right hon. Friend’s question, if the original motion is put but not passed, the deal falls—full stop; in toto. He is quite right about the second part, but he will remember the Maastricht Bill and, as I remember it, there were quite a lot of amendments and quite a lot of votes on it. The House was able to express its view, but it did so in the light of the consequences.
Hilary Benn (Leeds Central) (Lab)
I welcome the Secretary of State’s announcement that there will be primary legislation to implement the EU withdrawal agreement. That is another recognition by the Government that they need to listen to the House of Commons. The question that I want to ask is about Northern Ireland. It is becoming increasingly clear that there is a contradiction between the Government’s clearly stated desire that there should be no return to a hard border—no customs border—and their determination to leave the customs union and the single market. As their proposals to try to square that circle have so far failed to persuade the Government of the Republic of Ireland about that hard border, what do the Government now propose to do about what is, after all, one of their central negotiating objectives?
Mr Davis
May I start by thanking the right hon. Gentleman for his opening comments? At the time we published the White Paper on what was then the great repeal Bill and now the European Union (Withdrawal) Bill, I said that we would listen to the House of Commons. Indeed, I said to the shadow Front-Bench team that if any rights were removed, we would endeavour to replace them, and any other changes similarly. On Northern Ireland, the circumstance that we face at the moment is that there is a range of permutations or possibilities depending on what the outcome is with respect to a free trade and customs agreement. If the Government achieve their primary policy of having a tariff-free, barrier-free free trade agreement, then a customs agreement following on from that would be very light touch, in which case it would be relatively straightforward to maintain a relatively invisible border. If that is not the case, I suspect that the alternatives would be expensive but not impossible.
Mr Owen Paterson (North Shropshire) (Con)
If the House of Commons votes down the new withdrawal Bill, will the consequence be that we will still leave on 29 March 2019, but without an agreement?
Kate Hoey (Vauxhall) (Lab)
I welcome the Secretary of State’s firm rebuttal of the ridiculous idea that Northern Ireland would be taken out of the rest of the United Kingdom and made to stay in a customs union. Does he also recognise that the Northern Ireland Affairs Committee recently met the head of customs in Switzerland, which is not in the EU, and the one thing that he said over and again was that there was nothing that could stop this from working if there was full co-operation on all sides? Is that not what this is really all about—if the Republic of Ireland do not want to have a hard border, that can happen?
Mr Davis
The hon. Lady is exactly right. That is true across the board. We were told that a free trade agreement was impossible to achieve, but the former EU Trade Commissioner, Karel De Gucht, said that, no, it was not impossible if the political will was there. The same is true in this case. If the political will is there, this can be done. I am quite sure that the political will is there both north and south of the border.
Sir William Cash (Stone) (Con)
Will the Secretary of State confirm that any such withdrawal Bill will take place after the European Union (Withdrawal) Bill has been enacted—in other words after 29 March 2019?
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I welcome the Government coming forward with a separate Bill for the withdrawal agreement. That is something on which I and the right hon. and learned Member for Beaconsfield (Mr Grieve) have tabled amendments. Can the Secretary of State clarify the timing? He just said that it was only in an ideal world that this withdrawal agreement Bill would come before Brexit day. There is a real problem if the Government think that they can simply use clause 9 provisionally to implement a withdrawal agreement through secondary legislation, while not having the withdrawal agreement Bill until after Brexit day. Will he confirm that the Government will bring the withdrawal agreement Bill to the House before Brexit day, not after?
Mr Davis
The right hon. Lady quite rightly corrects me for misspeaking slightly. “Ideal” was perhaps the wrong word. The right words are that it is our principal policy aim—that is what we are trying to do—but there is something that I cannot guarantee: if the Union does not come to a conclusion in negotiations, we cannot actually bring the withdrawal Bill before the House before we have a withdrawal agreement. That is the sequence that I am pointing to.
Anna Soubry (Broxtowe) (Con)
Well, it is all very interesting. As we know, the Government have now decided to table an amendment to put the Brexit leaving date into law, even though that has not been to the Cabinet and has not been subject to the usual write-around. Will the Secretary of State help us with this? He has told us about this new piece of legislation that will come forward and that we will all be able vote on and amend, and so on and so forth, in the normal way, but only if there is an agreement. Will he confirm that in the event of no agreement—no deal—this place will have no say and we will leave on the date that is in the Bill, without any say from this supposedly sovereign Parliament that voted to take back control?
Mr Leslie
Has not the Secretary of State just given the game away on what a sham this offer is? It is totally worthless to Parliament and essentially tries to buy people off by saying, “Look, we’re going to give you an Act to shape things.” In fact, it is a post hoc, after-the-horse-has-bolted piece of legislation. We might have left the European Union—the treaty and the deal would have been done—and Parliament could do nothing at all to shape the nature of the withdrawal agreement. The Secretary of State has to do much better than this. Parliament must have a say on the withdrawal agreement before we are thrown over the cliff edge.
Mr Davis
Let me repeat the probable sequence of events. If Mr Barnier hits his target and I hit mine, we will conclude the withdrawal agreement and associated agreements in the latter part of next year. He is aiming for October next year; that is his stated aim. If we do that, the withdrawal and treaty vote—the simple, in-principle vote—will first come to the House. As soon as possible thereafter, the withdrawal agreement Bill will come before the House. That is the sequence. It will be in plenty of time and we will be able to amend it at the time.
Sir Edward Leigh (Gainsborough) (Con)
Imagine the outrage there would be in Europe if the European Union decided to try to detach Catalonia from Spain. But what is the EU doing today? It is saying that it will have to detach Northern Ireland from the single market and customs union of the United Kingdom. Will my right hon. Friend say that the Conservative party is nothing if it is not the Unionist party and that there will be no amendment, no truck, no surrender and no appeasement regarding keeping Northern Ireland in the single market of the United Kingdom?
Mr Ben Bradshaw (Exeter) (Lab)
This is not quite clear: is the Secretary of State accepting the amendment in the name of the right hon. and learned Member for Beaconsfield (Mr Grieve) or is he asking the House to take it on assurance from the Dispatch Box?
Mr Dominic Grieve (Beaconsfield) (Con)
I greatly welcome my right hon. Friend’s statement in respect of there being a statute for us to implement the final deal, but if that is the case—unless my amendment were to be now accepted—it must be right that clause 9 becomes redundant. I do not see how it is acceptable that we should implement Brexit by means of clause 9 to have a statute after the date of our departure. My anxieties are greatly heightened by the extraordinary amendment tabled by the Government on Friday. If we run out of time, surely the answer is none of the suggestions that have been put forward; in fact, the answer is that the time has to be extended under article 50, so that all parties are able to deal with it. That is the mechanism provided, and surely that is the mechanism that the House and the Government should be following.
Alison McGovern (Wirral South) (Lab)
This does not make any sense. The Secretary of State has said on any number of occasions that a deal could be done right at the last moment. For the reasons just explained, will he be clear? He cannot hold that position—that a deal could be done right at the last moment—and support this amendment from the Government to nail down the specific date.
Mr Davis
If I may say so, “any number of occasions” was one occasion—in front of the Select Committee, when I was asked the explicit question what could happen to the negotiation in extremis. Since I was pointing to previous examples, it is hardly a statement of either intent or expectation—it certainly is not. As for the rest of the hon. Lady’s question, this is pretty straightforward. We are aiming to hit October. Mr Barnier is aiming to hit October. I hope that we both do. I certainly hope that we hit the target of being well before the departure date. The reason for the amendment to the Bill is that it reflects what European law tells us.
Dr Julian Lewis (New Forest East) (Con)
Is there any prospect of the excellent Sir James Dyson being invited to join our splendid team of negotiators?
Wera Hobhouse (Bath) (LD)
Will the Secretary of State clarify the Government thinking around an adjudication court, as mentioned this morning on Radio 4 by the right hon. Member for Chingford and Woodford Green (Mr Duncan Smith)?
Mr Speaker
No, but the Secretary of State has the confirmation from the right hon. Member for Chingford and Woodford Green (Mr Duncan Smith), wittering from a sedentary position, that it was very good. He said it not once, but twice—that should satisfy the Secretary of State, I feel sure.
Mr Bernard Jenkin (Harwich and North Essex) (Con)
May I invite my right hon. Friend to remind the House that 498 right hon. and hon. Members voted for the withdrawal Bill, in the full knowledge that, two years after notification had been served, we would be leaving the European Union? Is it not a little disappointing that they seem to be backtracking on their commitment to honour their promises to the British people?
Mr Pat McFadden (Wolverhampton South East) (Lab)
I welcome the Secretary of State’s retreat today in the face of impending votes on the withdrawal Bill, but why is he intent on holding a gun to this House’s head by presenting us with a choice only between the deal he negotiates and no deal at all? Surely, a meaningful vote and meaningful legislation would give this House the possibility of asking the Government to go back and amend the deal, including, as the right hon. and learned Member for Beaconsfield (Mr Grieve) said, by extending the timetable, if that is what is required?
Sir Oliver Letwin (West Dorset) (Con)
Will my right hon. Friend reassure those of us who increasingly believe that our strongest chance of ever achieving a deal is to be able to demonstrate to our EU counterparts that we are capable of managing exit without a deal that he will shortly publish a comprehensive and convincing account of how this country will manage affairs in the absence of any deal whatever?
Mr Davis
What I have said to the House many times over is that what my right hon. Friend alludes to is not the primary policy of this Government—the policy of this Government is to obtain a free trade deal—but he is quite right: in the event that such a thing did not happen, we would be able to make a good future for Britain. It is not the best future, though; it is not the best choice in front of us.
Joanna Cherry (Edinburgh South West) (SNP)
In Brussels last week, senior EU officials were very clear with members of the Select Committee that a transitional deal under article 50 means remaining in the single market, remaining in the customs union and remaining subject to the jurisdiction of the Court of Justice. Is it not about time that the Secretary of State explained that to his Back Benchers, so that Members such as the right hon. Member for Chingford and Woodford Green (Mr Duncan Smith) can avoid embarrassing themselves on legal matters on the radio? Will he also clarify that parts of the Bill, such as clause 6, will have to go if there is to be a transitional deal?
Sir Desmond Swayne (New Forest West) (Con)
If the Secretary of State were trying to sell me a car and I assured him that I was determined not to leave the showroom without buying one, does he imagine that that would strengthen my negotiating hand?
Stephen Kinnock (Aberavon) (Lab)
I am sure that the Secretary of State will wish to join me in congratulating his friends the Foreign Secretary and the Secretary of State for Environment, Food and Rural Affairs on the rekindling of their bromance. I wonder, though, whether they understand that the European Parliament has stated clearly that a transition deal
“can only happen on the basis of the existing European Union regulatory, budgetary, supervisory, judiciary and enforcement instruments and structures”.
Does the Secretary of State believe that Conservative Members understand that that will be the basis of the transitional arrangements?
Mr Davis
First, let me say to the hon. Gentleman a milder version of what I said to our Scottish nationalist colleague, the hon. and learned Member for Edinburgh South West (Joanna Cherry): he should not take just what the European Parliament says as the end of the exercise. However, he is of course right in one respect: a transitional arrangement will look very like what we have now, but it will not be membership, and it will allow us freedoms that we do not have now. It is critical to remember that as well.
Philip Davies (Shipley) (Con)
We have always known that the EU is desperate for the UK’s money, but it has now become so strapped for cash, it seems, that over the past few days it has resorted to the diplomacy version of aggressive begging. Will my right hon. Friend assure the House that the Government will not be intimidated by the threats and blackmail of the European negotiating team, because the Government will not be forgiven in a time of austerity if they pay more than is legally due for leaving the EU? Does he agree on that basis that we do not need to pay £10 billion a year net for a £90 billion trade deficit, because we can have one of those for nothing?
Tom Brake (Carshalton and Wallington) (LD)
When I recently met residents in Forkhill in south Armagh who were very badly affected during the troubles, they had no solution to the question of the Ireland-Northern Ireland border, and nor has anyone else who I have met since. Can the Secretary of State set out how it is possible for us to leave the customs union and for there still to be a frictionless, no-touch, no-control border between Ireland and Northern Ireland?
Mr Davis
We have published a whole paper on the subject. There is a whole range of options available for the country, including using trusted trader schemes, using electronic pre-notification and using exemptions for small businesses. There is a whole series of them that we have talked about at length—the right hon. Gentleman just has to read them.
Jeremy Lefroy (Stafford) (Con)
I congratulate the Secretary of State on the progress made in the past couple of weeks, but may I emphasise how important it is that we move on to the next stage in December? Businesses are really concerned that we have that moving on within the next two or three weeks. Can he reassure us on that?
Mr Davis
Yes, of course that is what we are aiming to do. One point that has become very clear in the negotiations is that matters such as the border between Ireland and Northern Ireland are soluble once we get on to the next stage, but really cannot be advanced as we stand. For many reasons, both economic and political, we want to make that advance as soon as possible.
Stephen Timms (East Ham) (Lab)
May I ask the Secretary of State about arrangements during the implementation period of two years or so after March 2019? The Prime Minister has already told us that the writ of the European Court of Justice will continue to run. The Secretary of State told the Select Committee that he hoped that, subject to a positive Council conclusion in December, the arrangements for the implementation period would be agreed by March 2018. Michel Barnier said the same to the Select Committee last week. Does that not put huge pressure on everybody involved to achieve a successful outcome to the December Council?
Mr Davis
I hope so. The right hon. Gentleman refers to “everybody involved”, and one of the major successes of the October Council was the fact that the Commission team—the so-called taskforce 50—was told to prepare for that. A moderately complex policy has to be put in place. It has a number of mildly contentious areas, so the team needs to be ready for it. The process is under way, and if we get the decision in December, we will deliver, I hope, on what I said to the Select Committee.
Crispin Blunt (Reigate) (Con)
Did my right hon. Friend understand, as I did, that the Opposition spokesman expressed sympathy for the Government’s position on the question of the Irish border, and identified that the Irish Republic’s success in getting the 27 members of the European Union to line up with its position on the customs union has placed the talks in an impossible position that, if this is not resolved over the next two weeks, may very well mean that they do not go forward? As my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) made clear, we therefore need to prepare.
Mr Davis
To be fair to the Labour spokesman, I think he was agreeing with the position laid out by the Government and that the issue is incredibly sensitive. I think he is being very responsible in that regard. My hon. Friend is right in one respect: if this process does not start early, and does not deliver a free trade area and a customs agreement, it will be much more difficult to resolve the border issue. We will still do so, but it will be much more expensive, much more difficult and politically more problematic. The best way to proceed is with fast progress in the next few weeks.
Chris Bryant (Rhondda) (Lab)
Tens of thousands of businesses in this country, including supermarkets, and importers and exporters who work across the whole European Union, rely on their ability, under EU law, to have one certificate of insurance for their lorries that will enable a lorry to go from Aberystwyth to Krakow or anywhere else in the European Union. Those businesses will soon be securing new insurance certificates, which will last for a further year. In other words, by the end of March, they need to know what the situation will be so that they can take out certificates of insurance for after Brexit, as the Secretary of State suggests. When will they have that certainty?
Kevin Foster (Torbay) (Con)
I welcome the Secretary of State’s statement and, in particular, the fact that there will be a Bill in this House. Will he confirm that that will be based on a treaty that we have signed with 27 other countries, and that although we could amend it here, the reality is that we cannot force 27 other countries to offer something that they are not prepared to offer?
Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
The Secretary of State said here today that Brexit “cannot come at the cost of the constitutional or economic integrity of the United Kingdom.” We know already that Brexit is indeed costing the economic integrity of the United Kingdom, but it now seems that the de facto policy of the United Kingdom Government is to partition Ireland, as they cannot leave the single market, and especially the customs union, without doing so. Does he have any idea when the EU27 might agree to the two-year extension period begged for by the Prime Minister in Florence to delay that position from arising? Perversely, framing the argument like that might strengthen the pleading for two more years.
Mr Davis
First, it is very strange to talk about harm to the integrity of the United Kingdom when we have the highest employment we have ever had in our history and the lowest unemployment in my adult lifetime. As for the transition period, it is not for negotiation, but to allow countries, Governments—our Government and EU Governments—and, most importantly, companies to accommodate changes in knowledge of what the deal is.
Stephen Crabb (Preseli Pembrokeshire) (Con)
How much detail does my right hon. Friend expect the deal to include on our future trading relationships with the EU? Does he share the view communicated to the Select Committee several times last week in Brussels that this deal is actually separate from the free trade agreement that will come later, and which will take longer and be more difficult to agree than the interim deal we are talking about this afternoon?
Mr Davis
I am afraid that I do not agree with Michel Barnier, if it was he who said that to the Committee. How can I put this? The ambitions of the Commission on this are lower than they should be. The simple truth is that nothing is agreed until everything is agreed, and we need to have something that is pretty binding before we are going to sign off the withdrawal agreement.
Angela Smith (Penistone and Stocksbridge) (Lab)
On that note, the Secretary of State made it clear in his statement that the implementation period and its details would be part of the legislation. Will the Secretary of State confirm that it is therefore absolutely clear that if the trade deal is not finalised by next October, there will be no guarantee whatsoever that such a Bill will come before Parliament until after March 2019 and until the trade deal is finalised with the EU?
Mr Peter Bone (Wellingborough) (Con)
In June 2016, the people of this country voted to come out of the EU, to end free movement, to stop paying the EU billions of pounds, to make our own laws in our own country and to be judged by our own judges. Are the Government going to deliver that by March 2019?
Jim Shannon (Strangford) (DUP)
I welcome the Secretary of State’s statement and the fact that he says he will not accede to the demands in the leaked EU paper that Northern Ireland should stay in the customs union and the single market, given the constitutional and economic implications of such a proposal. Does he agree that it would be in the interests of the Irish Government not to allow their future relationship with the United Kingdom of Great Britain and Northern Ireland to be dictated by EU negotiators, who have less interest in the needs of a small country such as the Republic of Ireland than they do in the European project?
Mr Davis
It is not for me to tell the Irish Government what they should do, but I would say that they share with us a determination to maintain no hard border. They obviously have an economic interest in the outcome because we are their biggest trading partner. They must have a very strong interest in a similar outcome to the one that we are seeking, and I hope they will reflect that in their conversations with the Commission.
Mr David Jones (Clwyd West) (Con)
I commend my right hon. Friend for his announcement that the implementation of the withdrawal agreement will be the subject of specific primary legislation. Does this not negate the accusation that the Government are intent on bypassing Parliament, and does it not underline the fact that the Government are intent on restoring our parliamentary sovereignty, which is, after all, the whole purpose of Brexit?
Mike Gapes (Ilford South) (Lab/Co-op)
The Secretary of State says that any agreement will hold only if Parliament approves it, but he has also said that we will have no opportunity to vote if we have no agreement. That means, does it not, that all this talk about taking back control and giving our Parliament more powers is absolutely untrue? What we are faced with is a choice of putting a gun to our own head and blowing it off.
Antoinette Sandbach (Eddisbury) (Con)
Will the Secretary of State clarify how, if the agreement happens only on the very last day in March and the Bill, which is intended to ensure we have a meaningful vote, comes forward after that date, the vote on it will be in any sense meaningful?
Mr Davis
When we had an urgent question on that about two weeks ago, I reiterated to the House the statement of my right hon. Friend the Member for Clwyd West (Mr Jones), the former Minister of State for Exiting the European Union, in which he said that a meaningful vote is one that allows people to say whether they want or do not want the deal.
Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
Transport and logistics experts are warning of the disastrous consequences of a hard border between Wales and the Republic of Ireland for the ports of Holyhead, Fishguard and Pembroke Dock. How is the Secretary of State ensuring that his decisions as part of the negotiations do not damage the competitiveness of Welsh ports, which employ thousands of people directly and indirectly?
Henry Smith (Crawley) (Con)
My right hon. Friend rightly says that he is negotiating with pragmatism. Has he detected any growing pragmatism in the unelected EU Commission as it—hopefully—realises that the trade surplus that the EU27 have with us could be under threat?
Catherine West (Hornsey and Wood Green) (Lab)
The Secretary of State often uses the words “creative”, “be creative” and “creativity”. Will he and his team come up with a more creative approach to settled status? It is upsetting many of my constituents, who have been resident for many decades and contributed an enormous amount. They feel that settled status suddenly puts them in a different arrangement. They entered with free movement and they feel they had a different treaty relationship, but now the rug is being pulled from under them. Please could he be creative?
Mr Davis
We have been quite creative so far. Many of those who have been here a long time are already permanent residents. One of the things the Italian Government persuaded me was worth doing is ensuring that people’s transition to the new permanent residence is completely frictionless, requiring no more than a photograph and a criminality check. We have given those who will still be making the application a two-year grace period beyond our departure, and we published a report last week to show that the process will be simple, straightforward and very cheap. Those things are designed to make people feel more secure, as I hope they do, because I reiterate that we value the contribution of the 3 million Europeans who are in this country today.
Mr William Wragg (Hazel Grove) (Con)
Does my right hon. Friend agree that although the UK should negotiate on every issue, if we are to secure this country’s future, nothing should be agreed until everything is agreed, to coin a phrase?
Several hon. Members rose—
Clive Efford (Eltham) (Lab)
I am grateful, Mr Speaker, for your contribution to my fitness regime.
If the House amends primary legislation in the form of the Bill to implement the withdrawal agreement, will the Secretary of State explain how he will convey that to the European Union, if we have retained sovereignty?
Mr Davis
I will not comment on the hon. Gentleman’s fitness regime—he is too far away from me to tell. If the House did as he describes, I guess that the Government would take that as an instruction to go back and speak to the European Union. Whether that would deliver any outcome, I do not know.
Michael Tomlinson (Mid Dorset and North Poole) (Con)
I warmly welcome the Secretary of State’s statement, especially his confirmation from the Dispatch Box that there will be a separate agreement and implementation Bill. Does he agree with me on two points: first, that any amendment to that effect in the Committee stage of the European Union (Withdrawal) Bill, which starts tomorrow, will be unnecessary; and, secondly, that this will ensure we have a meaningful vote, but one that does not undermine our negotiation?
Mr Simon Clarke (Middlesbrough South and East Cleveland) (Con)
Regarding the financial settlement that will eventually need to be worked out, does my right hon. Friend agree that although the British public will look favourably upon a settlement in the context of a comprehensive and ambitious free trade deal, there will be a genuine reluctance to make such a payment in the event that we are left with nothing by the EU?
Suella Fernandes (Fareham) (Con)
I welcome my right hon. Friend’s announcement that there will be a Bill on the withdrawal agreement and its implementation, which will enable vital parliamentary scrutiny. Does he agree that although parliamentary involvement is essential, it is not, and should never be construed as, an opportunity to reverse Brexit, to return the UK to the EU, or to go against the wishes of the British people that were expressed in last year’s referendum?
Craig Mackinlay (South Thanet) (Con)
I too met Monsieur Barnier in Brussels last week. I am sorry if I left him for the Secretary of State in anything like a bad mood. I perceive my right hon. Friend’s approach to be fair and reasonable, giving ground where necessary, but this is feeling a little like a one-way street. Does my right hon. Friend share my view that this unreasonable intransigence is becoming as wearing on him as it is on the British electorate?
Robert Jenrick (Newark) (Con)
The primary value of a transitional period is to give British businesses the time to adapt to new arrangements. It is not to extend the talks, because that would merely increase uncertainty and is an appalling negotiating tactic. Will the Secretary of State reassure us that he intends to agree a deal of such specificity that our businesses will know the nature of future arrangements prior to the point of departure?
Mr Davis
My hon. Friend goes right to the point. There are three reasons for the transition: one is for the British Government to be able to accommodate and another is so that foreign Governments can accommodate; but, as he says, the most important is to allow British businesses to accommodate in the knowledge of what they are accommodating to.
Richard Graham (Gloucester) (Con)
Every individual and organisation that the Select Committee saw in Brussels and Paris last week stressed that their absolute priority is people and citizens’ rights. Does my right hon. Friend therefore agree that when an agreement on citizens’ rights is reached, it should be announced and committed to in perpetuity by both sides to help 4.5 million citizens to get on with their lives? Does he agree that not to do so would raise the question of who is really putting people first?
Richard Drax (South Dorset) (Con)
Does my right hon. Friend agree that uncertainty is the weapon of the EU Commission and the remainer? I urge him to stiffen his resolve to ensure the will of the British people is kept.
Wendy Morton (Aldridge-Brownhills) (Con)
I am grateful to the Secretary of State for his statement, and particularly for the way he continues to update the House as we move towards delivering the will of the British people expressed on 23 June. On trade, which is really important, does he agree that both sides have a huge amount to gain from free trade with the absolute minimum of friction?
Andrew Bridgen (North West Leicestershire) (Con)
We have heard a lot of complaint from Opposition Members about the Government’s generous offer of a meaningful vote on whatever deal the Secretary of State can achieve. Will my right hon. Friend confirm that that is exactly the basis on which the European Parliament will vote, and will he tell the House whether UK Members of the European Parliament will vote on the deal?
EU Exit: Sectoral Analysis
David Davis Excerpts(7 years ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for Exiting the European Union (Mr David Davis)
Following the Opposition day debate motion on 1 November, the Government are making arrangements to respond to the motion which called on the Government to provide the Committee on Exiting the European Union with “impact assessments arising from” the sectoral analysis it has conducted with regards to the list of 58 sectors referred to in the answer of 26 June 2017 to Question 239.
As the Government have already made clear, it is not the case that 58 sectoral impact assessments exist. During the Opposition day debate the Parliamentary Under- Secretary of State told the House:
“there has been some misunderstanding about what this sectoral analysis actually is. It is not a series of 58 impact assessments.” —[Official Report,1 November2017; Vol.630, c. 887.]
I made the same point during my appearance before the House of Lords EU Committee on 31 October and to the House at DEXEU oral questions on 2 November.
The sectoral analysis is a wide mix of qualitative and quantitative analyses, contained in a range of documents developed at different times since the referendum. It examines the nature of activity in the sectors, how trade is conducted with the EU currently in these sectors and, in many cases, considers the alternatives following the UK’s exit from the EU as well as considering existing precedents. The analysis ranges from the very high level overarching analysis to sometimes much more granular level analysis of certain product lines in specific sectors. The analysis in this area is constantly evolving and being updated based on our regular discussions with industry and our negotiations with the EU. It is not, nor has it ever been, a series of discrete impact assessments examining the quantitative impact of Brexit on these sectors.
Given the above, it will take the Department, working with other Departments, time to collate and bring together this information in a way that is accessible and informative for the Committee. The Government are committed to providing the information to the Committee as soon as is possible. I have made plain to the House authorities that we currently expect this to be no more than three weeks.
As Ministers made clear during the Opposition day debate on this motion, there are a number of reasons why the Government believe that it would not be in the public interest for elements of the analysis, at least, to be released into the public domain.
The House of Commons has itself recognised that while Ministers should be as open as possible with Parliament, the Government also have an obligation to consider where it would not be in the public interest for material to be published.
Furthermore, it is important to recognise in some cases there may be confidential or commercially sensitive information in this analysis, and that in many cases this analysis has been developed to underpin advice to Ministers of the negotiation options in various scenarios. It is well understood—as was the case under successive administrations—that such advice to Ministers must remain private.
I have written to the Chair of the Committee on Exiting the European Union to set out the Government’s position as outlined above. I will also be meeting the Chair to discuss these issues further on 13 November.
[HCWS231]
Oral Answers to Questions
David Davis Excerpts(7 years ago)
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Vicky Foxcroft (Lewisham, Deptford) (Lab)
The Secretary of State for Exiting the European Union (Mr David Davis)
The Government have firmly committed to protecting workers’ rights and to extending those rights when that is the right choice for the United Kingdom. The European Union (Withdrawal) Bill will ensure that workers’ rights enjoyed under European Union law will continue to be available in UK law after we have left the European Union. However, we do not need to be part of the European Union to have strong protection for workers. The UK already goes well beyond EU minimum standards in a large number of employment areas.
Laura Pidcock
The Trade Union Act 2016 shows something different: the UK has some of the most restrictive trade union rights and freedoms in the western world, and even these could be compromised post-withdrawal. Will the Secretary of State give a cast-iron guarantee that my constituents in North West Durham will have as a minimum the same, if not more, workers’ rights when we have left the European Union?
Mr Davis
Yes, I can give that guarantee. The hon. Lady’s constituency voted overwhelmingly to leave the European Union, and it did that with open eyes. This assertion that our trade union rights and, more importantly, our employment law rights are somehow less good than in the rest of the European Union is simply untrue. My first meeting as Secretary of State was with the general secretary of the Trades Union Congress. The reason for that was that I knew her, because I had been co-operating with her on trade union law reform just a few months earlier. If the hon. Lady wants a single test of employment protection in the United Kingdom versus the European Union, she should look at the most fundamental right, which is the right to safety at work. We have one of the best records in the European Union for safety at work—much better than Germany, much better than Italy, much better than nearly all European countries.
Ian Mearns
I am very grateful to the Secretary of State for saying that he intends to extend workers’ rights when it is right to do so, but my great concern is that some in the Conservative party may see this as an opportunity to deregulate further the rights of our citizens at work. Will he look at doing away with employment tribunal fees, which prevent young workers, particularly women, from taking sexual harassment claims against their employers?
Mr Davis
The first thing to say to the hon. Gentleman is that in the first three speeches I made after taking this job, I made it very clear that we were not going to use departure from the European Union as a way of reducing employment rights.
In addition, independently of this process, the Prime Minister initiated the Matthew Taylor review. The point of that review was to report back on employment rights—security, pay, progression and training, as well as the balance of rights and responsibilities, representation, opportunities for under-represented groups, and new business models in the gig economy and such things. The Prime Minister actually intends to improve employment rights, not reduce them.
Vicky Foxcroft
I welcome the fact that the Secretary of State has said he wants to extend workers’ rights. With that in mind, will the Government look at the hard work done by my hon. Friend the Member for Great Grimsby (Melanie Onn), whose private Member’s Bill sought to enshrine workers’ rights in UK law immediately?
Mr Davis
The nature of the British constitution is that Parliament is always the last to decide—we cannot entrench anything in British law in perpetuity—so as a party and as a Government, we will be seeking to extend workers’ rights, and it will be in our control for us, as a Parliament representing our constituents, to do that.
Antoinette Sandbach (Eddisbury) (Con)
The European Union charter of fundamental rights contains protections —for example, equality and children’s rights—not contained in the European convention on human rights. Will the Secretary of State give this House a commitment that these rights will be protected as we leave the EU?
Mr Davis
I thank my hon. Friend for raising that point. I have said all along from the beginning—in fact, from the White Paper that presented what was then the repeal Bill and is now the withdrawal Bill—that we believe that all the rights enjoyed under the charter are rights that come either from European Union law, the ECHR, British domestic law or EU law that we are going to carry forward. I said to the shadow Secretary of State when the White Paper was presented that if any rights had been missed we would seek to put them back, so that is what we will do. We will of course discuss this at great length during the Committee and Report stages of the Bill. My undertaking to my hon. Friend is that we will protect all those rights.
Jeremy Lefroy (Stafford) (Con)
I know from personal experience that my right hon. Friend takes workers’ rights extremely seriously. However, one right that British workers may not have is the right to go and work in the EU without a visa. The idea of associate citizenship has been raised by the President of the European Parliament and others. Will my right hon. Friend look at that seriously so that British workers—particularly younger British workers—have the opportunity to work in the European Union without a visa, certainly for a limited, if not for an extended, period?
Mr Davis
It is nice to have a question from a co-conspirator from my freer days on this subject. Yes, we will look at these issues together. I have spoken briefly to Guy Verhofstadt about this, although not at great length, and I will be interested to hear from him what is being proposed. Of course we will listen to anything of this nature. The aim of this exercise is to be good for Europe and good for Britain, which means good for the citizens of Europe and Britain. That is what we intend to do.
Michael Tomlinson (Mid Dorset and North Poole) (Con)
Is this question not somewhat ironic, coming from the Labour party that voted against the withdrawal Bill on Second Reading—the very Bill that will protect workers’ rights? We do not need to be in the EU to protect workers’ rights; we pass legislation in this place to protect those rights, and will continue to do so.
Mr Davis
My hon. Friend is of course exactly right. I remember that the last time he asked a question on this subject he reminded the House that it was the Conservative party that introduced the first employment protection legislation, way before the Labour party was created, and it will still be doing that way after the Labour party is gone.
Peter Grant (Glenrothes) (SNP)
I am sure we all take great comfort from the Secretary of State’s assurances about the Prime Minister’s change of mind. What he now attributes to the Prime Minister is very different from what she said about workers’ rights as Home Secretary. Given that there is no intention whatsoever to reduce workers’ rights as a result of our leaving the European Union, will the Secretary of State undertake to table a Government amendment to the European Union (Withdrawal) Bill, so that the unprecedented powers given to Ministers in that Bill cannot by statute be used to reduce workers’ rights?
Mr Davis
The point I have made time and again about the powers in that Bill is that they are not intended to remove or reduce any law; they are intended to make all the laws practical, and that is what they will do. If we have not got it quite right, we will talk to everybody involved, in Committee and on Report, and ensure that we do get it right.
Peter Grant
As well as the potential threat to workers’ rights, there is a much wider threat in the Bill with the removal of the EU charter of fundamental rights from domestic legislation. Last week, the junior Minister was unable to give the Select Committee an example of anyone whose interests would be damaged by retaining that charter in domestic legislation. Will the Secretary of State tell us whose interests will be damaged if we just leave that charter in place?
Mr Davis
I have made this point over and over again. The charter of fundamental rights is essentially a list of existing rights and does not, as far as we can see, generate any new ones. I have said that if the shadow Secretary of State can identify a right that will be lost, we will put it back.
Matthew Pennycook (Greenwich and Woolwich) (Lab)
Of all the people the Prime Minister could have chosen to fill yet another vacancy in her Brexit team, last week she settled on someone who has openly called for the scrapping of the working time directive, the temporary agency work directive, the pregnant workers directive and, in his words,
“all the other barriers to actually employing people.”
What signal does the Secretary of State think Lord Callanan’s recent appointment sends to workers across the country about how this Government will approach maintaining their rights at work?
Matthew Pennycook
The public will rightly be suspicious about the commitments that the Secretary of State has given because they know that the sentiments that Lord Callanan expressed are widely shared on the Government Benches. There is an easy way to solve this: the Secretary of State could accept the amendments to the European Union (Withdrawal) Bill that provide for enhanced protection for workers’ rights, not just transposition. Will he think about making a commitment to that principle today?
Scott Mann (North Cornwall) (Con)
The Secretary of State for Exiting the European Union (Mr David Davis)
Article 50 of the treaty on European Union stipulates that the final withdrawal agreement should be concluded on behalf of the Union by the Council after obtaining the consent of the European Parliament. The European Parliament is entitled to a straight yes or no vote. It does not have the power to amend the withdrawal agreement between the UK and the EU. As the Prime Minister has said, we are confident that we will be able to conclude the negotiations and agreement in time to honour the voting commitments made in our Parliament and in the European Parliament. We do not approach these negotiations expecting failure; we are expecting success.
Mr Hollobone
Given that crazed Europhile MEPs such as Guy Verhofstadt are seeking to punish the United Kingdom for daring to vote to leave the European Union, and given that these same people are under the deluded impression that no deal would actually be worse for the UK than a bad deal, it seems likely that the European Parliament will seek to veto any such agreement. Should we not therefore redouble our efforts to prepare for a no-deal situation?
Mr Davis
The last time I used the phrase “Get thee behind me, Satan” in answer to a question about Guy Verhofstadt, he thought that I was calling him Satan, so I will stay off that one. Of course the European Parliament is very enthused about the institutions of the European Union, but when it comes to this vote, the deal that we have agreed with the European Union will be clear, and MEPs will have to reflect on their responsibilities to their constituents in their own countries. What he and I have always agreed is that the best outcome for everybody is a free trade arrangement that will help not just us but Holland, France, Germany and all the other 27 member states.
Stephen Timms (East Ham) (Lab)
The Under-Secretary of State for Exiting the European Union, the hon. Member for Wycombe (Mr Baker), told the Select Committee that the deal would cover permission to communicate personal data between the UK and the EU, so if there is no deal, there will no longer be a lawful basis for the large part of the British economy that depends on European data communications. Should we not therefore take steps now to secure a data adequacy declaration from the European Commission and, in the light of that, may I commend to the Secretary of State amendment 151 to the European Union (Withdrawal) Bill, which I tabled?
Mr Davis
It is always nice to get another preview of our upcoming consideration of the Bill.
When I was talking to the relevant Commons and Lords Select Committees in the past week or so, I made it plain that a so-called no deal is not probable; a deal is by far and away the most probable thing for our country’s future. However, even no deal is not likely to mean a complete blank slate, and I have talked about what is called a basic deal. In any event, I would expect there to be a deal for data, aviation, nuclear trade and a whole series of other areas where there are massive amounts to lose on both sides. In our contingency planning exercises, we are looking at all options, including the one that the right hon. Gentleman outlines, and we will have plans for that, too.
Will Quince (Colchester) (Con)
The Secretary of State for Exiting the European Union (Mr David Davis)
We have made great progress through five rounds of constructive negotiations, and we are now within touching distance of an agreement on citizens’ rights. Right hon. and hon. Members can track the progress of the negotiations through the joint table published by the United Kingdom and the European Union. Over two thirds of the most recent table is green, signalling areas of significant convergence. That progress has been built on further in the latest round of negotiations, where we reached agreement on the majority of key issues, including a broad framework for residents, all aspects of reciprocal healthcare arrangements, the vast majority of social security co-ordination, protection for frontier workers, and a commitment to incorporate anything agreed in the withdrawal agreement fully in UK law to enable citizens to rely directly on the terms of that agreement in the UK courts. With flexibility and creativity on both sides, we are confident that we will be able to reach a final agreement shortly.
Will Quince
I thank my right hon. Friend for that extremely comprehensive response. EU citizens living in Colchester are an important part of our local community. What assurances can my right hon. Friend give me and them that reaching an agreement on their rights before our departure from the EU will continue to be the utmost priority in our negotiations?
Mr Davis
I reassure my hon. Friend and his constituents that protecting the rights of EU citizens in the UK, and of UK nationals in the EU, is our first priority in these negotiations. As my right hon. Friend the Prime Minister has made clear repeatedly at the Dispatch Box, and again in her recent open letter to all EU citizens in the UK, we want people to stay and we want families to stay together. We continue to seek a reciprocal arrangement that will work in the interests of EU citizens in the UK, and of UK nationals in the EU. As I said before, we are confident that with flexibility and creativity we will be able to conclude the discussions on citizens’ rights swiftly.
Jim Shannon (Strangford) (DUP)
Will the Secretary of State outline the discussions he has had with the Department for Environment, Food and Rural Affairs and the Home Secretary about EU citizens’ rights in relation to the visa system for seasonal workers, who are desperately needed to ensure that farmers’ crops are brought in at the right time of the year.
Mr Davis
We have had a number of conversations about the labour market generally and about Northern Ireland in particular, because it is an important area with unique characteristics. We have commissioned the Migration Advisory Committee to produce a report that will cover this issue. However, if the hon. Gentleman has specific issues he wants to raise with me directly, I would be very happy to hear from him.
Nic Dakin (Scunthorpe) (Lab)
Eleanor Smith (Wolverhampton South West) (Lab)
The Secretary of State for Exiting the European Union (Mr David Davis)
We will build a bridge from our exit to our future partnership to allow business and people time to adjust, and to allow new systems to be put in place. It makes sense, therefore, for there to be only one set of changes. The Prime Minister’s Florence speech laid out our proposal for a strictly time-limited implementation period, based on the existing structure of EU rules and regulations, to provide certainty to individuals and businesses. The European Council has set out the possibility of such a period in its guidelines. We intend to get the form of the implementation period agreed as early as possible.
Eleanor Smith
The Chancellor has described the proposal for a transitional arrangement as a “wasting asset” for businesses: the arrangements will become less valuable the longer it takes to negotiate them, as they will cease to provide certainty about the future. Does the Secretary of State agree with that assessment? Will he therefore rule out lengthy negotiations over the terms of the transitional arrangements?
Mr Davis
The hon. Lady makes a good point. There are three reasons for the implementation period. One is to give businesses a significant amount of time after the decisions are made, so that they can make their decisions on the basis of clarity and certainty. The second is to give the Government time to prepare changes in the regulatory structures, regulations, customs and all the other things we have to do. The third is to give foreign Governments time to make accommodations too, because we will depend on, for example, French customs arrangements. Those are the three reasons. The first is, as the Chancellor says, a wasting asset if it goes on for very long—not immediately, but if it goes on for very long.
The European Council is, I think, on 13 or 14 December —anyway, it is in the middle of December. If it finds that there has been sufficient progress at that point, we will start straightaway and conclude as fast as we can. However, it is a negotiation and there are two sides to make the decision. The hon. Lady can take it as read that we will be as quick as we can on that to give as great an amount of certainty as early as possible to British business.
Mr Speaker
We are better informed as a result of the insistence of the right hon. Gentleman on including in his answer any consideration that might be thought, in any way at any time, to be in any degree material.
Alan Brown (Kilmarnock and Loudoun) (SNP)
In the event of a no deal, why would the EU agree to a transitional period?
Stella Creasy
The Secretary of State for Exiting the European Union (Mr David Davis)
I am glad it is not just me that makes those mistakes, Mr Speaker. I have been here a lot longer than the hon. Lady, so I have got less excuse. Since our last oral questions, the Prime Minister’s speech in Florence has provided a new dynamic for the EU negotiations. That was recognised at the EU’s October Council, where leaders confirmed the intention to begin their internal work on future partnership. We are ready for that discussion to begin as soon as they are. In the meantime, we are making good progress on a raft of separation issues—the financial settlement, Ireland and citizens’ rights—and I look forward to further hard work when I travel to Brussels to continue talks next week. As we do so, I will continue to engage with member states across Europe to talk about the deep and special partnership we seek to strike. To that end, I am meeting my counterparts from the Irish Government later today and others later next week.
Stella Creasy
I thank the Minister for showing that time does not always mean talent. I am hoping he can help answer a question that my constituents keep asking: how much is all of this going to cost us? Departments do not seem able to answer that, and I have been asking them. Some of them think they are not paying anything at all, whereas others think everybody else is paying. The Department for Business, Energy and Industrial Strategy says it has received extra cash to pay for the impact of the Brexit negotiations; the Department for Digital, Culture, Media and Sport says it does not know how much any of this is going to cost; the Department for Communities and Local Government says it is expecting the Treasury to pick up the tab; and the Ministry of Defence says it is not spending anything because it expects there to be a deal and so no funding is required. This is a bit of a mess, so can this Secretary of State commit to publishing, by Department, by year, details on how much money has been put aside for the cost of negotiations and whether that money is from the Department or from another budget?
Mr Speaker
Order. I know the hon. Lady is an academic doctor, but it is not necessary to treat Question Time as the occasion for the presentation of a thesis.
Mr Davis
The hon. Lady demonstrated the second half of her original quip; speed of wit does not equate to speed of question. The simple answer to her question is that, as we have already said, the Treasury is putting aside £250 million for contingency planning this year and a total of £500 million overall. That money will be spent where it is necessary, and that will change depending on the progress of the negotiations.
James Morris (Halesowen and Rowley Regis) (Con)
Mr Davis
My hon. Friend is right to say that this is about all the regions and all the nations of the United Kingdom—not simply the Black country, although that is very important. I have already seen the London Mayor to talk about London and northern mayors to talk about the north, and I am about to see Andy Street. We will continue our ongoing discussions with the regions of the UK, both through local government and the businesses in these sectors.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
Mr Davis
We are at the beginning of a negotiation, as the hon. Gentleman knows. [Interruption.] I cannot hear his heckle from a sedentary position. The Prime Minister has made it clear that the whole issue of security, counter-terrorism and foreign policy will make up a second treaty which we intend to put to the European Union. Every member state I have spoken to has welcomed that, so I expect that we will be able to make the Scottish Police Federation very happy.
Matt Warman (Boston and Skegness) (Con)
A superb event last night in this House celebrated the contribution of Lincolnshire’s great food sector. One question our fine producers asked was about their wish to have access to labour continue as free movement ends. Can the Secretary of State reassure those great businesses that he will continue to work with the Home Office to make sure that some version of a seasonal agricultural workers scheme continues as free movement ends?
Mr Davis
This is similar to the question put to me earlier about Northern Ireland, and I will make a final point to add to the one I made earlier about the Migration Advisory Committee looking at this. Throughout the past year I have said time and again that taking back control of migration does not mean a sudden stop on migration or migration being managed in such a way that damages the economy. So my hon. Friend can take comfort from that.
Jeff Smith (Manchester, Withington) (Lab)
Mr Davis
I was not here yesterday; by the sounds of it I missed a good debate, and one that would have suited my character, but there we are. I have already spoken to the Chairman of the Select Committee, the right hon. Member for Leeds Central (Hilary Benn)—he sends his apologies for not being present today; I think he has to be in Leeds—and I am organising discussions with him about how we handle the confidentiality of the documentation that we hand over. I reiterate the point made by the Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Worcester (Mr Walker), which is that these documents are not some sort of grand plan; they are data about the regulations and markets of individual sectors, which inform our negotiation. Of course we will be as open as we can be with the Select Committee—I fully intend to be.
Martin Vickers (Cleethorpes) (Con)
Has the Secretary of State been made aware of the evidence given by people from the aviation industry to the Transport Committee on Monday? They spoke positively about the future of their industry post-Brexit and were very satisfied with the Government’s approach. Talk of aircraft being grounded is nonsense.
Robert Neill (Bromley and Chislehurst) (Con)
The president of the European Free Trade Association court will visit London later this month. Will my right hon. Friend the Secretary of State take that opportunity to explore with him the potential that that court might offer a means of resolving potential legal disputes and other matters of resolution in a transitional future arrangement?
Mr David Davis
Actually, I have already met the president of the EFTA court. He has come to see me before and is a very—how can I say it?—enterprising individual who I think wants to get more business for his court. We will of course look at all options. I do not think the EFTA court is likely to be the one that we land with, but when we go through the whole question of arbitration mechanisms, which we will need to have, we will of course look at all options.
Afzal Khan (Manchester, Gorton) (Lab)
Michael Tomlinson (Mid Dorset and North Poole) (Con)
While aiming for an open free-trade arrangement with the EU, is it not simply sensible planning to prepare also for a no-deal scenario?
Mr David Davis
Yes, my hon. Friend is exactly right, and that is precisely what we are doing. As I said to a Labour Member earlier, we are planning for all options: the deal option; the bare bones, or basic deal; or the incredibly improbable no-deal option. We are prepared for all of them.
Jo Platt (Leigh) (Lab/Co-op)
Mr Philip Hollobone (Kettering) (Con)
There have been reports that senior current and former parliamentary figures have been engaged in private discussions with the EU’s chief negotiator and that some of those individuals are members of Her Majesty’s Privy Council. In the interests of transparency, have transcripts of those meetings been made available, and does the Secretary of State regard such extra parliamentary activity as helpful or a hindrance to the UK’s national interest?
Mr David Davis
There are no such records. As for helpful or a hindrance, let us say that it adds to the gaiety of nations.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
Rachael Maskell (York Central) (Lab/Co-op)
Mr Davis
I can say two things. First, let me deal with the premise of the hon. Lady’s question. We are in a position in which the European Council will come to a conclusion in the middle of December—I think that it meets on 13 and 14 December. I have said at this Dispatch Box today, while she was listening, that we will undertake the negotiation as fast as possible thereafter. How much more urgent we can be, I do not know.
David Hanson (Delyn) (Lab)
Will one of the Ministers give some early clarity over the issue of protected status for agricultural exports, including the 14 agricultural products in Wales worth more than £300 million?
Alison Thewliss (Glasgow Central) (SNP)
The young people of the Glasgow youth council are applying for Erasmus plus funding. I am sure that the Secretary of State would like to give them all his best wishes on their application. They are applying as part of the Year of Young People 2018. How will he ensure that that generation is not the last generation to benefit from freedom of movement across Europe?
Mr David Davis
First, I wish them well, through the hon. Lady. Secondly, Erasmus is one of the institutions that we may stay a member of—if we can negotiate that—as we leave.
Karin Smyth (Bristol South) (Lab)
The west of England economy contributes £10 billion to the Treasury. Is it conceivable that, in due course, we will understand what the impact of leaving is on the west of England economy? Can the Secretary of State add the people of the west of England to his list of those he will meet to discuss the impact?
Chris Bryant (Rhondda) (Lab)
The Government’s paper on foreign policy, defence and security after we leave the European Union suggests that there are many areas where we want to maintain a very strong relationship with the EU. The paper seems to suggest that we should have some kind of observer status at the relevant Council meetings afterwards. Would it not be bizarre for us not to have that if we are still engaged in things such as Operation Atalanta, Operation Althea and many other projects? Otherwise, the rules and the determination of how those projects should be progressed will be determined by people in a room that we are not able to access.
Mr David Davis
The hon. Gentleman makes a very good point. Indeed, I had dinner with the French Foreign Minister last week. Speaking to him, it was clear that member states see a very important role for Britain as a provider not just of military power, but of wisdom, skill, history, tradition and reputation.
Leaving the EU: Parliamentary Vote
David Davis Excerpts(7 years ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Keir Starmer (Holborn and St Pancras) (Lab)
(Urgent Question): To ask the Secretary of State for Exiting the European Union if he will make a statement on the Government’s policy of a meaningful vote in Parliament to agree the final withdrawal agreement with the European Union.
The Secretary of State for Exiting the European Union (Mr David Davis)
I thank the shadow Secretary of State for his question. We have been very clear right from the start of the process that there will be a vote in both Houses of Parliament on the final deal that we agree with the European Union. I reiterate the commitment my Minister gave at the Dispatch Box during the article 50 Bill, when he said:
“I can confirm that the Government will bring forward a motion on the final agreement, to be approved by both Houses of Parliament before it is concluded. We expect and intend that this will happen before the European Parliament debates and votes on the final agreement.”
Furthermore, he said:
“we intend that the vote will cover not only the withdrawal arrangements but also the future relationship with the European Union.”—[Official Report, 7 February 2017; Vol. 621, c. 264.]
These remain our commitments.
The terms of this vote were also clear. Again, as my Minister said at the time:
“The choice will be meaningful: whether to accept that deal or to move ahead without a deal.”—[Official Report, 7 February 2017; Vol. 621, c. 275.]
Of course this vote cannot happen until there is a deal to vote upon, but we are working to reach an agreement on the final deal in good time before we leave the European Union in March 2019. Clearly, we cannot say for certain at this stage when this will be agreed, but Michel Barnier has said he hopes to get a draft deal agreed by October 2018, and that is our aim as well. So we fully expect there will be a vote in the UK Parliament on this before the vote in the European Parliament and before we leave the EU. As we have said before, this vote will be over and above the requirements of the Constitutional Reform and Governance Act 2010.
We have also said many times that we want to move to talking about our future relationship as soon as possible. The EU has been clear that any future relationship and partnership cannot legally conclude until the UK becomes a third country, as the Prime Minister said in her Florence speech. As I set out in the Select Committee yesterday, our aim is to have the terms of our future relationship agreed by the time we leave in March 2019. However, we recognise that the ratification of that agreement will take time and could run into the implementation period that we are seeking. There can be no doubt: Parliament will be involved throughout this process.
Keir Starmer
What a mess! We get one thing one day and another thing the next. Yesterday, the Secretary of State was asked in the Brexit Committee, “Could the vote in our Parliament be after March 2019?” The answer he gave was, “Yes, it could be.” Later in the day the Prime Minister had a go at correcting him, and then his own spokesperson had to clarify his remarks. Today, he says that the vote will be before the deal is concluded. That is not good enough. May I remind him that the commitment he has just referred to, made at the Dispatch Box, that we would have a meaningful vote was made when the Government were on the verge of losing a vote on a Labour amendment to the article 50 Bill to give Parliament that vote? That commitment cannot now casually be dispensed with.
The text of article 50 is clear: there can be no deal until the European Parliament has approved it and voted on it. The nonsense we heard yesterday about “nanoseconds” has to be put in that proper context. It would be wholly unacceptable if time was found for the European Parliament to vote on the deal before it is concluded but time was not found in this House. Does the Secretary of State expect us to sit here watching on our screens the European Parliament proceedings while we are told that we do not have time? I do not think so. We need a cast-iron guarantee that that will not happen.
The Secretary of State has repeatedly asked us to accept his word at the Dispatch Box. Given the events of the past 24 hours, will he now accept the amendments tabled to the withdrawal Bill that would put into law a meaningful article 50 vote, so that we all know where we stand and do not have to repeat this exercise?
Mr Davis
I am afraid the right hon. and learned Gentleman altered the quotation from yesterday slightly. What the Chairman said, and I refer to exactly what he put to me, was that “it is possible”—possible—“that Parliament might not vote on the deal until after the end of March 2019. Am I summarising correctly what you said?” I said, “in the event we don’t do the deal until then.” That is the point I was making.
I will take up the right hon. and learned Gentleman’s point about the European Parliament, because I have said at the Dispatch Box and we have said that it is our intent and our expectation—those were the words used; I crafted them—that we will vote on this in this House before the European Parliament does. That stands. If it goes to the timetable that Mr Barnier expects, or wants to go to, which is October 2018, it is likely that the European Parliament will vote in December or January, under the normal processes that apply to that Parliament; it has a committee stage to go through first. We will vote on that and we will have it put before the House before then. There is no doubt about that. That undertaking is absolutely cast iron.
The issue that I raised yesterday, because I take it as a responsibility always to be as forthright and open as I can with the Select Committee, was to go through what has happened in the past in European Union treaty negotiations. This time, there is an expectation by the Commission; there is an incentive on the part of the various countries to get it done as quickly as possible; and there is our expectation and intention. None of the undertakings given at the Dispatch Box have in any sense been undermined. The issue here is one of practicality and what we control. What we control, we will run to give Parliament a proper and meaningful vote at the right time.
Mr Dominic Grieve (Beaconsfield) (Con)
I understand my right hon. Friend’s concern about hypothetical situations that might arise at the end of the negotiation, but is not the reality that if the negotiation leads to an agreement, it will be necessary for not only the European Parliament but ourselves to act in accordance with our constitutional principles in deciding to approve it? The only way we can do that properly is by statute in this House. In those circumstances, is not it rather fanciful to imagine that, having reached a deal with the European Union, it would hold us in some strange way to ransom because we pointed out that we needed the time to enact the necessary statute? That flies in the face of reality. It would just tone down the debate a little and introduce a bit of rationality if we understood that our European Union partners would expect us to reach our own conclusion in accordance with our own constitutional requirements.
Mr Davis
My right hon. and learned Friend has a point. As I understand it, the reason why Mr Barnier wants to conclude the negotiations, including that element of article 50 that refers to the future arrangements, by October is to enable that ratification process to take place. In that respect, I agree with my right hon. and learned Friend.
Mr Speaker
May I just ask the Secretary of State to face the House, because some colleagues could not quite hear?
Mr Speaker
I am always delighted to be faced by the right hon. Gentleman, but I think that privilege should be enjoyed by the House as a whole.
Peter Grant (Glenrothes) (SNP)
We have a withdrawal Bill that has not only been delayed, but just has not come to the House in any of the three or four weeks in which we expected it to, and we do not know when it will. We have the former UK ambassador to the European Union telling us that the Prime Minister’s approach to the negotiations is in danger of leaving the UK “screwed”. The negotiations are being led by somebody who thinks that Czechoslovakia is one of the countries with which we are negotiating, although unlike the Cabinet, Czechoslovakia is split into only two parts and they are still on amicable speaking terms. The Government refuse to publish the truth about the impact of Brexit, saying it is confidential, despite the fact that between 2013 and 2014 they published 16 different analyses of the potential impact of a yes vote in the Scottish independence referendum. The Prime Minister is having to make emergency trips to Europe to try to bail out her failing Secretary of State for Exiting the European Union.
Will the Secretary of State confirm that, for any vote to be meaningful, we must be in possession of the full facts? Will he therefore agree that Parliament will have sight of the Government’s recently produced analysis before a vote takes place, and will he confirm that the Administrations of the three devolved nations will be treated as equals, as the Government have promised, and that they will also have a timeous and meaningful vote before we leave the EU?
Mr Davis
Before I answer the hon. Gentleman’s substantive question, may I just correct him? He talked about Czechoslovakia. The Minister involved was correcting somebody else; he was not asserting a belief that that was who we were negotiating with. I would prefer that to be on the record.
Yes, with the full facts, absolutely; that is why the vote has to take place once the draft deal is concluded. At that point, we will know precisely what the withdrawal deal amounts to and what the framework for the future arrangement is.
Mr Bernard Jenkin (Harwich and North Essex) (Con)
Given the way the EU has delayed and delayed, it is not entirely unreasonable for my right hon. Friend the Secretary of State to think it will carry on delaying. Will he impress on Monsieur Barnier, however, that it would be much more preferable to conclude a deal as early as possible, because any implementation period will be of far less value if business cannot be certain it will be available to it sooner rather than later?
Hilary Benn (Leeds Central) (Lab)
The Secretary of State told the Committee yesterday that the Government’s aim was to conclude one agreement covering the divorce, the transitional arrangements and the new deep and special partnership with the EU, but he has also accepted that the last of these has to be agreed by a different process because that deal could not be finally concluded until we had left the EU. Given that it is likely to be a mixed agreement, only one Parliament objecting would mean it could not be concluded. In those circumstances, would that bring down the whole deal, and if so, is it not sensible to separate out the divorce and the transition, which would not require the consent of every Parliament of the 27, and the new deep and special partnership, which ought to be negotiated during the transition period?
Mr Davis
As I think I said to the right hon. Gentleman’s Committee yesterday, negotiating that during the transition would put us at a negotiating disadvantage. The House was promised, in respect of the approval of the negotiations, that all three elements—the divorce, as he terms it, the transition and the long-term arrangement—would be put to the House together. That is the best way to assess this whole thing. The hon. Member for Glenrothes (Peter Grant) said that the decision should be made on the whole facts—all the decisions, all the facts.
Nicky Morgan (Loughborough) (Con)
There is a way for the Government to put this matter completely beyond doubt and that is to accept amendment 7 to the withdrawal Bill tabled by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve). Reports have reached Government Back Benchers that the Secretary of State does not think that those Conservative Members who have signed the amendment are serious about supporting it if we need to. May I tell him that we are deadly serious? It would be better for all concerned if the Government were to adopt a concession strategy and have the withdrawal agreement secured by statute sooner rather than later.
Mr Pat McFadden (Wolverhampton South East) (Lab)
With the Under-Secretary of State for Exiting the European Union, the hon. Member for Worcester (Mr Walker), saying one thing from the Dispatch Box on 7 February and the Secretary of State saying not one but two things in the space of 24 hours yesterday, it is clear that ministerial assurances on this matter are not enough. Does the Secretary of State not agree that after the shambles of the last 24 hours, when he had to be rebutted by his own departmental spokesman, the only way to guarantee Parliament a meaningful say on and input into these most vital negotiations is to amend the European Union (Withdrawal) Bill accordingly?
Mr Davis
No, I do not agree with the right hon. Gentleman on that. His description of events is also wrong. It is one thing to give an undertaking, which is binding, and another to say that these are the probabilities and the difficulties that we face together, which is what I said yesterday. I treated the Exiting the EU Committee chaired by the right hon. Member for Leeds Central (Hilary Benn) with absolute respect in outlining what had happened previously—not what we expect, not what we intend, not what the Union intends, but what had happened previously and the risks that we have to take on board. We intend to meet all our undertakings, and I do not take it very well that the right hon. Member for Wolverhampton South East (Mr McFadden) suggests that we will not.
Sir Desmond Swayne (New Forest West) (Con)
How can we approve an agreement before we have an agreement?
Seema Malhotra (Feltham and Heston) (Lab/Co-op)
Hardly a day goes by without another example of the Government’s muddle about Brexit. Yesterday, the Secretary of State confirmed to me three times during the Select Committee proceedings that the vote could come after March 2019. This is not about leave or remain, but about the nation coming together for the big change ahead. Will he confirm what he understands by the term “meaningful”? Does it still mean a choice between leaving the European Union with a negotiated deal or not? If Parliament votes against a deal, what happens next? In the case of no deal, would the Government expect to leave the European Union without a vote of the UK Parliament, or would the Prime Minister seek further negotiating time? Is the vote meaningful if there is nothing that it can change? Has he taken into account the fact that, next year, the European Parliament will dissolve for elections? If we are delayed beyond October, will our deal not be left in limbo?
Mr Davis
I am afraid that I have lost count of the questions. As the hon. Lady is challenging the status of statements from this Dispatch Box, I will repeat this to her. The choice will be meaningful: whether to accept that deal or to move ahead without a deal. Full stop. That was the promise that was made.
Mr Peter Bone (Wellingborough) (Con)
I listened to the Chair of the Select Committee, and I want the House to know that he was expressing his view, and not the view of everyone on the Committee.
Mr Bone
Well, in the past, Sir, Select Committee Chairmen have come to this House to represent the Committee, not their own personal views. [Interruption.] I am diverging and wasting the House’s time. [Interruption.] Sorry, let me get to the point. I would like the Secretary of State to agree with Labour Members that, if we do not have agreement by October 2018, it will be impossible to do a deal. Will he go back to Brussels and say, “If we do not have a deal by 26 October 2018, there will not be a deal and we will be coming out without one”?
Several hon. Members rose—
Chuka Umunna (Streatham) (Lab)
The Foreign Secretary went around this country in a big red bus, saying that £350 million extra per week would go to the NHS if we voted to leave. That will not happen. The Environment Secretary said that the 3 million EU citizens in this country would be automatically granted the right to remain. That has not happened. This Secretary of State said that this House would get a vote on our withdrawal arrangements before we leave, and that does not look like it is guaranteed to happen either. Why should we believe anything that is said at this Dispatch Box? Clearly, we have to take what they say with a lorry load of salt.
Dr Sarah Wollaston (Totnes) (Con)
No deal would be a very bad deal indeed for this country. What if the House votes on the final deal and rejects it? Is the Secretary of State implying that those who voted against it would be saying that they would like to leave with no deal at all?
Mr Ben Bradshaw (Exeter) (Lab)
Sorry, but the answer is not good enough. This is a critical question. The Secretary of State says that if the House votes against the deal, which could be a bad one, the Government will move ahead without a deal. Does that mean that the only choice is to crash out on to World Trade Organisation terms, which would be an absolute disaster for our country, or does it leave open the option of the Government continuing to negotiate, seeking more time or even staying in on current terms?
Mr David Jones (Clwyd West) (Con)
Will my right hon. Friend confirm that it remains his intention and that of the Prime Minister to make regular reports to this House on the progress of the negotiations with the European Union? Does he agree that it is always open to this House to subject those negotiations to the minutest possible scrutiny, as this urgent question amply demonstrates?
Mr Davis
My right hon. Friend is, of course, right. He knows this subject rather better than most, given that I have been quoting him throughout my contributions today. During the course of the article 50 Bill, I made the point a number of times to the House that there will be many votes on many aspects of the deal—on the Bills before the House now such as the European Union (Withdrawal) Bill and the Nuclear Safeguards Bill, and on a number of other pieces of primary legislation. In addition, the undertakings to this Chamber were given over and above the Constitutional Reform and Governance Act 2010. I remind the House that that means that any treaty—there may well be a number, as the Chair of the Select Committee said—is subject to being denied ratification by a vote of this House. That point should not be forgotten.
Tom Brake (Carshalton and Wallington) (LD)
Does the Secretary of State accept that a meaningful vote will be a vote that allows Parliament to send the Government back to the negotiating table, rather than the false choice between a deal and no deal? If Parliament is offered a meaningful vote, the public should also be offered one—a vote on the facts.
Mr Philip Hollobone (Kettering) (Con)
There was a meaningful vote. It was in June 2016. On a 78% turnout, 61% of voters in Kettering voted to leave. People in Kettering are honest, straightforward and plain-speaking. Will the Secretary of State reassure them that we are leaving the European Union in March 2019?
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
The wording of amendment 7 to the European Union (Withdrawal) Bill is clear. It would require
“the prior enactment of a statute by Parliament approving the final terms of withdrawal of the United Kingdom from the European Union.”
Surely that should be of concern to us all across the House, whatever form of Brexit we want and whatever size of divorce bill we think is acceptable. It is a simple matter about Parliament having the right to have its say, and guaranteeing that on the face of the Bill. Will the Secretary of State agree to accept amendment 7 or table a very similar Government amendment—yes or no?
Mr Davis
I am not here to preview the Committee stage of the Bill, but let me say this to the hon. Gentleman. I take very seriously the views of the House in this matter, and I expect that there will be any number of votes—I have just referred to the Constitutional Reform and Governance Act as one element of that, but it will not be the only one—which will give the House very strong influence on the outcome of this negotiation.
Stephen Hammond (Wimbledon) (Con)
In his answer to the shadow Secretary of State, my right hon. Friend said that there would be a vote at the right time. Will he confirm that the right time is prior to a deal being signed and before we leave the European Union in March 2019?
Mr Davis
The right time has to be, first, when we have a draft treaty in front of us—not an actual treaty, because it will be prior to ratification by the European ratification process, starting with the European Parliament, and we have made that undertaking. It has to be after that is done, in order for the House to be informed. Otherwise, it will be as soon as possible, and as I have said, our intent and our expectation is that it will be before the European Parliament has its opportunity and, therefore, before the process goes ahead.
Chris Bryant (Rhondda) (Lab)
Surely the point is that a fait accompli is not a British concept in law. What the Government are trying to do, effectively, is present this House, Parliament and the country with a fait accompli—take it or leave it. If the Secretary of State were not a Government Minister now, I am sure he would be signing the amendment of the right hon. and learned Member for Beaconsfield (Mr Grieve). Just in case the Secretary of State loses his job between now and Committee stage, would it not be a good idea for him to declare now that he is going to sign up to that amendment?
Mr Davis
Will I be signing somebody else’s amendment? I am not sure—I think not. The processes we are going through are designed to give the House a great deal of input into this process. That includes, as was said earlier, the sequences of statements, appearances before Select Committees, urgent questions and the like. In addition to that, as I said—it was ignored, of course—the Constitutional Reform and Governance Act 2010 gives the House the outright ability to reject out of hand, if it chooses.
Tom Pursglove (Corby) (Con)
The truth is that we run a £70 billion trade deficit with the European Union. Does my right hon. Friend believe that that will help to focus minds and keep these discussions and deliberations on timetable?
Mr Davis
My hon. Friend is right, in that it drives the views of the member states in terms of what they want out of this negotiation. One of the things that is happening between now and December is that the Council will lay down its guidelines for this process, and particularly about future trade arrangement. In those guidelines, it may well be that the Council actually says something about the timetable, which will relate to the issues in front of the House.
Joanna Cherry (Edinburgh South West) (SNP)
Yesterday, the Secretary of State told the Exiting the EU Committee that he is seeking meetings with the leaders of various European Union regional Parliaments. Of course, he knows that they will have a vote on the final deal if, as he envisages, it is a mixed agreement. He said he particularly wanted to discuss trade issues with them. Will he confirm that he will involve the Scottish Parliament, the Welsh Assembly and the Northern Irish Assembly in relation to trade matters? Will he confirm that the Scottish Parliament, the Welsh Assembly and the Northern Irish Assembly will get a vote on the final deal, just as other regional and national EU Parliaments will?
Mr Davis
What I think I told the hon. and learned Lady yesterday was that, at the last Joint Ministerial Committee on European Negotiations—JMCEN—I talked about the economic impacts within each of the devolved Administrations, and I talked about information exchanges to influence the process.
Mims Davies (Eastleigh) (Con)
My right hon. Friend will be aware of the 18 Labour MEPs who recently voted to hold up these key EU negotiations, showing, frankly, a distinct lack of ambition about moving forward on the key issue—our trading agreements. We should be pulling together in the national interest to secure the best possible deal and outcome. That is what all our constituents want.
Mr Davis
My hon. Friend is right: this House should be pulling together in the national interest, but let me say this. I have never, ever accused my opposite number of being anything other than interested in the national interest—of course, he has a political interest. While I am at it, by the way, I should also say to the Chairman of the Exiting the European Union Committee that I took his views as his views, not those of the Select Committee as well. It is very important in this exercise that we keep things on a proper, stable, rational and patriotic level, and I think everybody does.
Paul Flynn (Newport West) (Lab)
Will the Secretary of State ignore the voices of manic optimism that seem to be compulsory among Conservative Members and agree that the choice that will be made on the final deal will be very, very different from the choice made on 23 June 2016? Does he not believe that well-informed second thoughts are always superior to ill-informed first thoughts?
Robert Courts (Witney) (Con)
Does the Secretary of State agree that since the Florence speech there has been a change of tone in EU capitals, and that Mr Barnier is far from alone in wanting to see progress towards a good deal as soon as possible?
Ian Murray (Edinburgh South) (Lab)
The Secretary of State can hardly be surprised that many people in this House think that the promises—the undertakings—he is giving on a meaningful vote are merely empty words, given the debacle of yesterday. May I therefore encourage him to put his money where his mouth is and put this into the Bill, so that we can move on to other issues? Can he give the House and the country one good reason why he would not put it into the Bill?
Jeremy Lefroy (Stafford) (Con)
I thank the Secretary of State for the tremendous amount of work that he and his team are doing to achieve the best possible outcome for the United Kingdom. I know that he, as a true parliamentarian, would expect us to vote on this matter before we leave the EU and not after. As the right hon. Member for Leeds Central (Hilary Benn) said, there are three issues: withdrawal; the transition, or implementation; and the final agreement. It should be quite possible to achieve the first two by sometime in the middle of next year, or hopefully earlier. On the third, a heads of agreement could perhaps be agreed on the European system of qualified majority voting so that it can come to this House and we know exactly what we are talking about even if all the details are not sorted out.
Mr Davis
As the Chairman of the Select Committee said, there are three components to this, but they are not unrelated, with article 50 itself taking into account the framework of the future relationship. We intend that they are broadly agreed at the same time and that they are conditional upon one another. That is because it would have a material impact on the negotiation to separate them completely. That is why we will bring the whole thing to the House. That was the undertaking given. Indeed, that was what was asked for during the passage of the article 50 Bill. With regard to the future relationship, of course, as the Prime Minister said in Florence, article 218 says that that agreement cannot be signed until we are a third country, in effect. It is also the case that there could well be more than one treaty, for reasons of interest and benefit to ourselves. The House will therefore have multiple occasions to look at that separately from the overall decision. That, I think, is in the interests of democracy.
Stephen Kinnock (Aberavon) (Lab)
The issue that we are debating today goes to the heart of the trust and confidence that the British people should have in our parliamentary democracy. The sad reality is that ministerial assurances are no longer good enough. The Secretary of State has said that he will not sign somebody else’s amendment, so why does he not table his own amendment to the withdrawal Bill to give this House and the British people the clarity and coherence that is so desperately needed?
Mr Davis
I say two things to the hon. Gentleman. He was in the Committee yesterday and he saw that I was answering questions as straightforwardly and factually as is possible. What I was describing were items of fact, not promises. His own Front-Bench colleague, my opposite number, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), said yesterday: “I don’t doubt assurances which are given at the Dispatch Box.” I think that is the proper approach to this.
Mr Nigel Evans (Ribble Valley) (Con)
I wish the Secretary of State well in his negotiations with Mr Barnier, and I pledge that I will do nothing that could ever be interpreted as trying to undermine those negotiations. We have had 11 referendums in this country since 1975. Can my right hon. Friend think of one in which we have gone against the wishes of the British people? Will he accept that, as a democrat, I am deadly serious that, at the end of this process, we will be leaving the European Union?
Mr Davis
There have been a few references by Opposition Members to my commitment to Parliament, but my commitment to Parliament is an indirect commitment to the democracy of the British people, and that is what matters here. Seventeen and a half million of them voted for this—a majority of more than 1 million. We have to take it seriously; we have to deliver the best outcome on that decision.
Several hon. Members rose—
Bob Blackman (Harrow East) (Con)
Under the terms of withdrawal from the European Union, the Government have announced a series of measures—a series of eight Bills that will be brought before Parliament and go through the parliamentary procedures. One of those Bills, dealing with an important aspect, is the immigration Bill. Do the Government intend to take that Bill through its parliamentary stages before we vote on the final deal, or will that Bill be brought before Parliament after we have agreed a deal? That could affect our negotiation strategy.
Sammy Wilson (East Antrim) (DUP)
I think the general public will be bemused at the contrived controversy that has developed here today, because even the most uninformed observer will know we cannot have a vote on an agreement until an agreement has been reached. Does the Secretary of State share my concern that a stand-alone unspecified transitional arrangement, plus the mixed message coming from this House on its willingness to respect the wishes of the people of the United Kingdom, are likely to encourage EU negotiators to delay any agreement, with the consequence that we continue paying money into the EU when we do not need to?
Mr Davis
I agree that there is a degree of contrivance in the fuss and noise coming from the Opposition—there is no doubt about that, but that is not new, I guess. As for the ongoing transition or implementation period, the hon. Gentleman is right. That is why I said that if we let the negotiation go into that period, we will be at a disadvantage, because the EU will presumably be receiving money, if that is the arrangement, and will want to spin out the time it does so as much as possible. We have to be practical and sensible if we intend to respect the will of the British people and deliver the best outcome for them.
Matt Warman (Boston and Skegness) (Con)
The Secretary of State will know that proportionately more people in my constituency than in any other in the country voted to get us out of the European Union. Does he agree that far more damaging than not having a meaningful vote in this House is the idea that we should have a second referendum, or indeed that we should talking about not leaving at all?
Kate Green (Stretford and Urmston) (Lab)
It is not just Members of this House who want to be absolutely assured that parliamentarians will have a meaningful vote. My constituents have understood all along that I would come here to vote to represent their best interests, and that that would make a difference. Although I am sure that the Secretary of State means what he is saying to this House today, any assurance for the future is meaningful only if it is on the face of the Bill, so I ask him either to accept amendment 7 or to table his own amendment to achieve the same outcome.
Kevin Foster (Torbay) (Con)
I am sure that the Secretary of State will have reflected on the fact that, unlike in many other trade negotiations, our starting point is that our regulatory position and much of our law are the same as those of the EU. Does he therefore agree that there is plenty of time not only for a full and frank negotiation resulting in a good and deep deal, but for a vote on it in this Parliament?
Mr Davis
Yes, my hon. Friend is exactly right: this is a unique trade negotiation, about which I will say two things. First, we already have open trade and, secondly, a vast amount of trade is already going on—it is worth something like €600 billion—so there is a strong vested interest in protecting that.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
May I say to the Secretary of State, in the friendliest of terms, that he should stop fudging? This vote is a complex matter and our constituents and the people of this country deserve clarity. We understand and sympathise with why he fudged yesterday, and that is why he is here today—because the nest of vipers behind him and in the Cabinet make him a fudger. Stop fudging and be honest with the British people! [Interruption.]
Mr Davis
I have known the hon. Gentleman a very long time and I always get nervous when he starts a question with, “May I say in the friendliest of terms?” We are having this discussion today precisely because I did not fudge yesterday. I told the Committee what I saw that the facts were, and that in no way changed our intent or, indeed, our commitment to the House.
Mr Speaker
There was a certain amount of harrumphing from a sedentary position from the right hon. Member for New Forest West (Sir Desmond Swayne), in response to which I simply observe, without fear of contradiction, that none of my parliamentary colleagues is a viper. However, I think it would be fair to say that that is a matter of taste rather than of order.
Martin Vickers (Cleethorpes) (Con)
Does the Secretary of State agree that if we are to have a meaningful vote on the final deal, it will be better if all Members engage constructively with the proceedings rather than seek to frustrate the will of the British people?
Wera Hobhouse (Bath) (LD)
Given the confusion yesterday, will the Secretary of State publish a written timetable of what he expects the sequence of decision making will be, both here in the UK and in the European Parliament? And just in case he is inclined to say no, why not?
Christian Matheson (City of Chester) (Lab)
There is a dangerous and sinister anti-intellectualism running through the Brexit ranks—we have seen more evidence of that this week. There is no substitute for facts, so if we are to have a meaningful vote, will the Secretary of State undertake to publish, before that vote takes place, his own Government’s impact assessments on the effect of Brexit?
Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
The UK Government have got themselves into an unnecessary muddle. As has been said, if there is a final deal, it will have to be ratified by the EU27, including national and regional Parliaments within EU states, and six months has been allocated to that process. In order to ensure that the future relationship works for every part of the British state, does the Secretary of State agree that the formal endorsement of the National Assembly for Wales, the Scottish Parliament and the Northern Ireland Assembly should be sought before any final deal is reached—or is it going to be a case of “Westminster knows best”?
Mr Davis
To answer the first half of the hon. Gentleman’s question, one of the reasons we said that we would put a draft deal to the House is that we wanted to give the House the first say, before the European Parliament and other European institutions came to it. This is a treaty for the United Kingdom.
Rachael Maskell (York Central) (Lab/Co-op)
In the Secretary of State’s discussions with Michel Barnier, what is the last date that this Parliament can have a meaningful vote before the European Parliament has its ratification vote?
Mr Davis
As I said earlier, what Mr Barnier is aiming for is October next year as the outcome for the draft agreement. If we hit that, the likely timetable, as I think I said to the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), would be for the European Parliament to address that in December, January or even later, and the undertaking I gave was that we will come to this House before then.
Alan Brown (Kilmarnock and Loudoun) (SNP)
The Secretary of State’s pledge is that a meaningful vote will be taken and that we will have full knowledge of all the facts. When will he issue the UK Government’s impact analysis showing the possible detriment to Scotland, so that I can explain to my constituents the reasons for casting the vote that I am going to cast?
Mr Davis
As I said in the Committee yesterday, at the last Joint Ministerial Committee we did actually discuss some of these matters with the devolved Administrations—at an official level—before we go into the negotiation, so that they can influence the negotiation, taking into account the impact by sector, by country.
Karin Smyth (Bristol South) (Lab)
I think we have learned that the Government will not accept amendment 7, in the name of the right hon. and learned Member for Beaconsfield (Mr Grieve), and that they will not table their own amendment, but can the Secretary of State at least guarantee that we will have a vote on a no deal strategy?
Mr Davis
The hon. Lady starts by attributing to me a lot of things I have not said. I have quite deliberately not got into the questions of what will be before the House in Committee; it will be appropriate at that point for the Minister dealing with it to respond at that stage. The meaningful vote will be as laid out in the undertaking to this House by my right hon. Friend the Minister of State at the time.
Jeff Smith (Manchester, Withington) (Lab)
The Secretary of State can keep parroting the words “the undertaking given to this House”, but that is meaningless unless we know what happens after a supposedly meaningful vote. When will he explain to us what he means by, “We move ahead without a deal”?
Mr Davis
I would have thought that would have been self-evident. What we intend, however, is that the House will have put to it by the Government the deal that we negotiate, which will be the best deal we can obtain for this country, respecting the decision of 17.5 million people. In other words, it will bring back control to this House; it will being back control to this country; it will deal with the borders issue; it will deal with money; it will deal with the future relationship. All that will be put to the House and the House will decide whether it approves of that or not.
Sir Desmond Swayne (New Forest West) (Con)
On a very germane point of order, Mr Speaker.
Leaving the EU
David Davis Excerpts(7 years ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for Exiting the European Union (Mr David Davis)
More than voted SNP.
Mr Baker
Yes, and we are seeking a deal that works for all parts of the United Kingdom.
We are conducting a wide range of analysis of not only our strengths and interests, but those of our negotiating partners. We will continue that analysis, and it will continue to inform our negotiating position.
Our plans have been carefully developed to provide the flexibility to respond to a range of negotiated outcomes and to prepare us for the unlikely eventuality of not securing a deal. Some of our planning has already become evident, and more planning will become public over the coming months.
EU Exit Negotiations
David Davis Excerpts(7 years, 1 month ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for Exiting the European Union (Mr David Davis)
With permission, Mr Speaker, I will update the House on the fifth round of negotiations with the European Union. In view of the fact that the October European Council is this week, I will also review the progress of the five negotiation rounds since June.
While the negotiations have been tough at times, both Michel Barnier and I have acknowledged the new dynamic created by the Prime Minister’s speech in Florence. That momentum was maintained during October, and both negotiating teams have continued to work constructively together. Since June, we have steadily developed our shared political objectives. Nevertheless, there is still some way to go to secure our new partnership, but I am confident that we are on the right path.
I will now take the House through each of the negotiating issues in turn. On citizens’ rights, we have made further progress towards giving British citizens in the EU, and EU27 citizens in the UK, the greatest possible legal certainty about the future. Our legal orders will be distinct and different in the future. Last week, we explored how we will ensure that the rights we agree now will be enforced in a fair and equivalent way. We also explored ways in which we can fully implement the withdrawal treaty into UK law, giving confidence to European citizens living in the UK that they will be able to directly enforce their rights, as set out in the agreement, in UK courts.
The two sides also discussed ways of ensuring the consistent interpretation of our agreement. Although we have not yet arrived at single model to achieve that, we have explored a number of options. We should also not lose sight of the fact that we have made significant progress in that area since June. We have reached agreement on the criteria for residence rights, the right to work and to own a business, social security rights, rights for current family members, reciprocal healthcare rights, the rights of frontier workers, and the fact that the process for securing settled status in the UK will be streamlined and low cost. However, there are of course still some issues outstanding for both sides, including the rights: to continue to enjoy the recognition of professional qualifications; to vote in local elections; to onward movement as a UK citizen already resident in the EU27 and to return; to bring in future family members; and to export a range of benefits. In many of those areas, it is a straightforward statement of fact that our proposals go further and provide more certainty than those of the Commission, but both sides are trying to find pragmatic solutions. In the fourth round, we offered the guaranteed right of return for settled citizens in the UK in exchange for onward movement rights for British citizens currently living in the EU. We look forward to hearing the Commission’s response to that offer.
I recognise that there has been some concern regarding the new system that European citizens will have to use to gain settled status in the UK. While there will be a registration process, I confirmed last week that the administration process will be completely new, streamlined and, importantly, low cost. Furthermore, any EU citizen in the UK already in possession of a permanent residence card will be able to exchange it for settled status in a simple way and will not need to go through the full application process again. The tests associated with the process will be agreed and set out in the withdrawal agreement. As a result of our productive discussions, the Commission is also able to offer in return similar guarantees to British citizens in the EU. Those clarifications from both sides have helped to build further confidence.
This round also saw further detailed discussions on Northern Ireland and Ireland. In a significant step forward, we have developed joint principles on the continuation of the common travel area and associated rights. The joint principles will fully preserve the rights of UK and Irish nationals to live, work and study across these islands. They will also protect the associated rights to public services and social security. To provide legal certainty, the principles recognise that the withdrawal agreement should formally acknowledge that the UK and Ireland will continue to be able to uphold and develop bilateral arrangements.
Our teams have also mapped out areas of co-operation that function on a north-south basis, and we have started the detailed work to ensure that that continues once the UK has left the EU. We also agreed a set of critical guiding principles to protect the Belfast or Good Friday agreement in all its dimensions, and we are working on the necessary steps to make that a reality. Throughout the process, we have reaffirmed our commitment to the rights of the people of Northern Ireland to choose to be British or Irish, or both. I have set out before our shared determination to tackle the unique circumstances of Northern Ireland by focusing on creative solutions, and we have begun to do so. But we cannot fully resolve the issues without also addressing our future relationship. As the Prime Minister said in her statement to the House last week:
“We owe it to the people of Northern Ireland—and indeed to everyone on the island of Ireland—to get this right.”—[Official Report, 9 October 2017; Vol. 629, c. 43.]
On the financial settlement, discussions continued in the spirit fostered by the Prime Minister’s significant statements in her Florence speech. The Prime Minister reassured our European partners that they will not need to pay more or receive less over the remainder of the current budget plan as a result of our decision to leave. She reiterated that the UK will honour the commitments we have made during the period of our membership. Off the back of that, we agreed in the September round to undertake a rigorous examination of the technical detail on which we needed to reach a shared view. That work has continued. It has not been a process of agreeing specific commitments—we have been clear that that can come only later—but it is an important step, so that we will be able to reach a political agreement when the time comes.
Finally, on separation issues, we have continued to work through the detail on a range of issues, particularly areas relating purely to our withdrawal, such as nuclear safeguards, civil judicial co-operation, and privileges and immunities. While we have made good progress, the remaining issues are dependent on discussions about our future partnership. We are ready and well prepared to start those discussions.
Our aim remains to provide as much certainty as possible to businesses and citizens on both sides. I have made no secret of the fact that to fully provide that certainty we must be able to talk about the future. We all must recognise that we are reaching the limits of what we can achieve without considering our future relationship. The Prime Minister’s speech in Florence set out the scale of our ambition for the new partnership with the European Union. She also laid out our case for a simple, clear and time-limited period of implementation on current terms. At the European Council later this week, I hope the leaders of the EU27 will recognise the progress made and provide Michel Barnier with the mandate to build on the momentum and spirit of co-operation we now have. Doing so will be the best way of allowing us to achieve our joint objectives and move towards a deal that works for both the UK and the EU.
There has been much discussion of what will constitute sufficient progress. Let me be clear that sufficient progress, and the sequencing of negotiations, has always been a construct of the EU, not the UK. Negotiations require both parties not just to engage constructively, but to develop their positions in advance. For the UK’s part, I have always been clear that we will be conducting these negotiations in a constructive and responsible way. We have been entirely reasonable. The work of our teams and the substantial progress that we have made over recent months proves that we are doing just that, and we are ready to move these negotiations on. I commend this statement to the House.
Keir Starmer (Holborn and St Pancras) (Lab)
I thank the Secretary of State for advance sight of his statement.
No one should underestimate the seriousness of the situation in which we find ourselves. At the first hurdle, the Government have failed to hit a very important target, which leaves EU citizens in the UK and UK citizens in Europe in a continued state of uncertainty. There is insufficient progress on Northern Ireland, and it appears that the deadlock on the financial settlement is such that both sides are barely talking.
The Secretary of State says he is confident that we are now on the right track. I cannot fault him for his confidence in his own negotiating ambitions. The problem is that most of those ambitions have failed to materialise. One ambition was that the sequencing of talks would be the row of the summer and that he would not agree, but he agreed by coffee time on day one. His suggestion that sequencing and the concept of sufficient progress are EU constructs leaves out the fact that he agreed to them and signed up.
The Prime Minister and the Secretary of State were right to go to Brussels last night. Obviously, I would like to claim that was in response to the letter I wrote to the Secretary of State last Thursday, but even I recognise that would probably be over-claiming for my letter. Because of the seriousness of the situation, both sides—I include the EU—need to do whatever they can to break the impasse by Friday. More flexibility is needed on both sides by Friday.
I hear what the Secretary of State says about the Florence speech, which was an important speech, but he would be on stronger ground if what the Prime Minister said in Florence had not been immediately undermined by the self-interested antics of some Cabinet members. I also hear what the Secretary of State says about the statement of intent last night to accelerate the process. Given the glacial speed so far, it is not exactly a high ambition—a car going from 2 miles per hour to 4 miles per hour is accelerating, but it is still going slowly.
If we want investment in our economy to continue, and if we want businesses to stay here and others to come, we need to start talking about transitional arrangements now. Those transitional arrangements need to be on the same basic terms as now—in the single market and within a customs union. Every passing week without progress on transitional arrangements makes things worse for businesses, not better. We need to make progress this week, before December.
We also need to drop the nonsense about no deal. Only fantasists and fanatics talk up no deal. No deal is not good for the UK, is not good for the EU and is not what the Secretary of State wants, but he must now realise that the slow progress of these talks raises the risk of no deal.
We need the Secretary of State to answer these critical questions from the Dispatch Box today. What does he intend to do between now and Friday to deliver on the commitment to accelerate the talks? What words does he want to hear on Friday to evidence that progress? How confident is he, on a scale of one to 10, that he will hear those words? And what does he intend to do if he fails?
Mr Davis
As ever, we get carping from the right hon. and learned Gentleman and not a single proposal or suggestion. It is interesting that he does not have another strategy, and we have a measure of that because he started by criticising the fact that citizens’ rights have not been resolved, whereas on Sunday he said, “I agree with David Davis, who says you cannot simply separate out the issues we are dealing with now and the later issues.” He talks about Northern Ireland in the same terms: “To be fair to David Davis, he is right on issues like Northern Ireland. There is only so far you can get before we move to the next phase.” When he has to appear reasonable on Peston he is very different from when he has to appeal to his Back Benchers here.
The simple truth is that there has been extremely productive activity in these negotiating rounds. Mr Barnier is going to the European Council on Friday to present his case, which I hope will argue for more progress both on transition and on the future relationship, but it is for him to make that persuasive case on the day. I know from my own visits across Europe, and Mr Barnier will also know this, that a large number of the 27 member states want to do the same.
The right hon. and learned Gentleman talks about talking up no deal. I cannot think of a time, a day, a moment when I have talked up no deal. We are in the middle of a negotiation, and we want to negotiate in good order and with good faith on both sides, but if we do not prepare for all outcomes, we will leave ourselves exposed to an impossible negotiation. We saw that again this weekend when he and the shadow Chancellor said, “Oh, we’ll pay in perpetuity for access to the single market. We’ll pay whatever it takes. £100 billion. £200 billion. Whatever it takes.”
The simple truth of the matter is that the right hon. and learned Gentleman carps and carps, but he has no options of his own.
Sir William Cash (Stone) (Con)
My right hon. Friend has said that in the discussions we have also explored ways in which we can fully implement the withdrawal treaty in UK law. Does that suggest he has in mind legislative enactment of the withdrawal treaty? When he talks about the role of the UK courts, does he mean that the enactment will be overseen by our courts, and not by the European Court of Justice?
Mr Davis
A range of models are available for how we bring the withdrawal treaty into British law—British law, not European law—and the key criterion I am applying is that it gives certainty to those EU27 citizens who are here now that their rights will be preserved. It will, of course, be adjudicated by British courts.
Several hon. Members rose—
Peter Grant (Glenrothes) (SNP)
I am grateful to the Secretary of State for advance sight of his statement.
About a year ago, the Prime Minister said that we cannot expect a running commentary, but in truth we would not have to run very fast to keep up with the negotiations. The right hon. and learned Member for Holborn and St Pancras (Keir Starmer) has already commented in similar terms to the BBC’s Laura Kuenssberg, but he might have added that, before pressing the accelerator, we should check whether we are heading towards or away from a cliff edge.
We have seen one humiliation after another for this Government. They tried to drive a wedge between the Commission and the 27 sovereign states from which it takes its mandate and authority, so will the Secretary of State assure us that the Government will stop playing these games and accept the Commission’s mandate, rather than attempting to undermine it and thereby undermine their own position? He claims that the UK is being reasonable, but is it reasonable to go in with red lines already firmly dug into the sand before the negotiations have even started? That does not look too reasonable to me.
The Secretary of State assures us that he has never talked up no deal, but he has not talked it down, either. Other influential voices in his party talk up no deal all the time. The Prime Minister still has not withdrawn her claim that no deal is better than a bad deal. Rather than just not talking up no deal, will the Secretary of State absolutely rule out no deal today as the worst of all possible deals?
Finally, on the rights of EU nationals living here, I had a distressing meeting last week with representatives of the Fife Migrants Forum. They told me of their first-hand experience of immensely talented, hard-working young people who have made Fife their home but who are now making plans to head back to Poland, Slovakia or wherever else, not because they do not like living in Scotland but because they do not think the United Kingdom will make them welcome. Will the Secretary of State commit to guaranteeing in law the rights of those citizens, rather than continuing to use them as negotiating capital?
Mr Davis
There were three questions there, which I will take in sequence. First, on separating the 27, nothing could be further from the truth; the worst thing for the UK would be for us to have to deal with fragmentary groups of the European Union, as we would never get an answer and that would lead us to the Walloon Parliament outcome on the Transatlantic Trade and Investment Partnership and the Canadian treaty, so we have not done that at all. However, we should also talk to each of the 27 to see what their own interests are, as those of Poland and Lithuania may differ from those of littoral states such as Holland or Belgium, and differ again from those of Spain and Italy. We talk to all of them on a continuous basis to make sure we know what they want.
To pick up the hon. Gentleman’s last point, about his Polish constituents, let me say that we also go to those Governments to explain precisely what we have on offer. There have been times in the past few months when the European institutions have not reflected what we intended to do. For example, in a perfectly legitimate and reasonable mistake, Guy Verhofstadt said that we were not going to give European citizens the right to vote in local elections. That was not true, so we corrected it directly with the Governments.
As for no deal, the issue is straightforward: we are intending, setting out and straining every sinew to get a deal. That will be the best outcome, but for two reasons we need to prepare for all the other alternatives. The first is that it is a negotiation with many people and it could go wrong, so we have to be ready for that. The second is that in a negotiation you always have to have the right to walk away: if you do not, you get a terrible deal.
Mr Owen Paterson (North Shropshire) (Con)
Today, a report estimated that should we move to a tariff regime, the German motor car industry alone could lose between 8,600 and 29,400 jobs. It is massively in the interests of the UK and our 27 partners that we establish reciprocal free trade based on a recognition of conformity of standards. In his conclusion, the Secretary of State says that he recognises that we have reached the limits of what we can achieve without consideration of our future relationship. When are our partners going to recognise that it is massively in their interests that we establish reciprocal free trade and start talking about our end trading relationship?
Mr Davis
My right hon. Friend makes a good point. Of course it is absolutely in everybody’s interest that we have an outcome that encourages free trade in all directions, across the EU and with us. The simple truth is that we are in a negotiation and they are using time pressure to see whether they can get more money out of us—that is what is going on, as is obvious to anybody. That will take some time, but I am sure we will get there in time to get a decent outcome for everybody.
Hilary Benn (Leeds Central) (Lab)
As evidence mounts that leaving the EU with no deal would involve an unacceptably high price, it is also clear that although the Prime Minister’s speech in Florence improved the atmosphere, it has not broken the logjam in the negotiations. Will the Secretary of State tell the House what the Government now propose to do or to offer so that the talks can move on to phase 2 and in particular to the nature of the transitional arrangements, for which British businesses are waiting because they urgently need to know that those arrangements will happen and what their terms may be?
Mr Davis
First, I say to the right hon. Gentleman that he should not jump to conclusions, as we have yet to hear the Council conclusions on Friday. Let us wait to see what they are before we make the next move; if I do, I probably will not make it from the Dispatch Box —I will probably make it in Brussels. On the implementation period, transition period or whatever he wants to call it, the Prime Minister has made it clear from this Dispatch Box that things will be as close as possible to where we currently are for up to or about two years. That was what her estimate was and I have no reason to differ from it.
Several hon. Members rose—
Dr Andrew Murrison (South West Wiltshire) (Con)
I am very grateful, Mr Speaker. What expectation does my right hon. Friend have that on Friday a decision will be made that sufficient progress has been made on the people issues of the island of Ireland, which would very much be welcomed, but that, given that any decision on goods and services across what we hope will continue to be a soft border cannot be made without second-guessing any future UK-EU relationship, this should be carried over into the next phase?
Mr Davis
My hon. Friend is right to say it is difficult to come up with a solution to create an invisible border if we do not know what the border around the rest of the United Kingdom will be. I think that, over time, the European Union has come to a similar view, although it may never have said so explicitly. I do not want to predict what the conclusions will say when they come out on Friday, but I suspect they will pay proper attention to the fact that we have made quite a lot of progress on Northern Ireland, possibly as much as we can.
Mr Pat McFadden (Wolverhampton South East) (Lab)
I have sympathy with the Secretary of State because he has to come here every month to report on negotiations that resemble the holding pattern at Heathrow airport, where the planes go round and round but never actually move forward. May I return him to this crucial issue of no deal? Members of his party have spent the past two or three days touring TV studios saying that they are relaxed about that outcome, yet the Resolution Foundation and the International Trade Policy Observatory have today published a report saying that it would mean added costs for families of between £250 and £500 per year, with the burden falling most heavily on families in the midlands and the north. Is he relaxed about that kind of additional burden on hard-working families?
Mr Davis
If I thought it reflected the reality, I would not be relaxed about it, but the simple truth is that it does not. It does not reflect the effect of free trade and the free trade deals, and it does not reflect what we would have to do in those circumstances. [Interruption.] The hon. Member for Bermondsey and Old Southwark (Neil Coyle), from a sedentary position—he has not been here very long and obviously thinks this is the way to do it—shouts that I am talking up no deal. No, I am not. I am dealing with scaremongering and I am knocking down scaremongering, so I think the answer there is no.
Anna Soubry (Broxtowe) (Con)
May I commend my right hon. Friend for his statement and the advance in the negotiations made by both him and the Prime Minister? Does he agree that it is not just within this House where there is no majority for no deal, but that by their vote on 8 June the British people did not give this Government any mandate for no deal, because not only would it be bad for everybody in England, Wales and Scotland, but it would be particularly bad for our friends in Northern Ireland?
Mr Davis
I would say two things to my right hon. Friend. First, the election gave us a bigger mandate than it gave the Opposition. Secondly, we are seeking to get a deal, as that is by far and away the best option. The maintenance of the option of no deal is both for negotiating reasons and for sensible security; any Government doing their job properly will do that.
Chris Bryant (Rhondda) (Lab)
If there is no deal, agricultural products from Wales will probably face tariffs in Europe, and European agricultural goods coming into the UK will face tariffs. That will dramatically increase the cost of family food budgets, which is wrong and bad for my constituents. The Secretary of State for Transport has a brilliant answer to this; he says that we are just going to grow more food. In order to grow more food in this country, will we not need agricultural workers from elsewhere in Europe and the common agricultural policy to remain? Might we not just be better off staying in the EU?
Mr Shailesh Vara (North West Cambridgeshire) (Con)
Those who threaten economic Armageddon if we leave the EU without a deal are, in effect, engaging in “Project Fear 2”. Does my right hon. Friend agree that “Project Fear 1” did not materialise and there is every possibility that “Project Fear 2” will not either?
Mr Davis
My hon. Friend is right about that. I am not a great believer in mathematical forecasting, but I can tell him that if he really wants to look at an independent view of what a World Trade Organisation outcome would look like, he could look at an OECD report out today, which says that growth will continue.
Mr Chris Leslie (Nottingham East) (Lab/Co-op)
The Secretary of State must be gutted that after not one, two, three or four, but five rounds of negotiation we still have not even a sign of this potential for a transitional arrangement, which is so essential for businesses. They are not necessarily thinking of the cliff edge in March 2019; that cliff edge is beginning at the end of this calendar year, when businesses are starting to look at relocating to other jurisdictions. Will he therefore tell us specifically, because this week’s European Council is mission critical, who he will be talking to between now and Friday to make sure we get that transition done this week?
Nicky Morgan (Loughborough) (Con)
The Secretary of State said in his statement that
“we cannot fully resolve the issues without also addressing our future relationship”.
He is obviously right in saying that, but is it not also the case that it is impossible to address the future relationship if talks do not take place? Will he therefore resist the siren voices who are tempting him to say that if there is no progress this week, we should get up and walk away? If we get up and walk away, we will never solve the issues that he talked about in his statement.
Caroline Lucas (Brighton, Pavilion) (Green)
With it looking increasingly likely that the Prime Minister’s claim that no deal is better than a bad deal might be put to the test, and with new research out today—not only the report mentioned by the right hon. Member for Wolverhampton South East (Mr McFadden) but the OECD report—indicating that that would result in an horrendous economic situation, will the Secretary of State assure the House of Commons that it will have a meaningful opportunity to vote on what would be a disastrous outcome of the current gridlocked negotiations? That vote is going to be crucial because this is not what the referendum was about.
Mr William Wragg (Hazel Grove) (Con)
Mr Juncker used the uncharacteristic analogy of ordering 28 beers; does my right hon. Friend agree that our moving into the second phase of negotiation on our future trading arrangements would be a welcome sign of a “Sober October” in which minds are clear and focused on what is in the best interests of both the UK and the EU?
Heidi Alexander (Lewisham East) (Lab)
Will the Secretary of State set out the implications of the Prime Minister’s Florence speech for the UK’s relationship with EU regulatory bodies such as the European Medicines Agency during transition? Will we in effect seek to remain a member of such organisations, despite our having formally left the EU?
Mr Davis
As the Prime Minister said in her Florence speech, we start by identifying the regulatory position, and the question is then how we manage divergence. Britain will bring the control of such matters back within its own shores, and we will then have a procedure between us by which we manage divergence.
Mr David Jones (Clwyd West) (Con)
I commend my right hon. Friend on the patience and good humour with which he conducts the negotiations. At what time does he think he will be obliged to inform the EU that that patience is not infinite and that if it continues to refuse to discuss the future relationship, which is after all prescribed by article 50 and which is something we want to do, we will assume that it is not serious about doing so and therefore consider other options?
Mr Davis
I think I learned patience and good humour from standing at the Dispatch Box and dealing with that lot on the Opposition Benches. The simple answer to my right hon. Friend is that I expect the EU to do what is in its own best interests. That is what normally happens in a negotiation and that is what will happen in this one. As my right hon. Friend the Member for North Shropshire (Mr Paterson) stated earlier, there are massive interests for the EU in getting a deal, and that is what will happen.
Emma Little Pengelly (Belfast South) (DUP)
I thank the Secretary of State for his statement. I particularly welcome the references to Northern Ireland and the related progress that has been made. Sadly, thus far, too much of the focus by too many has been on the obstacles to be overcome in relation to a hard border. Does the Secretary of State agree that the best approach is to get the best possible trading relationship with the Republic of Ireland, ergo minimising any obstacles to be overcome? Does he commit to keep emphasising that point to the Taoiseach, speaking for the United Kingdom of Great Britain and Northern Ireland on these matters?
Mr Davis
The hon. Lady is entirely right. It is important to the Republic of Ireland not only because it intends to maintain the peace process and an invisible border, but because the direct interests of the Republic of Ireland are in maintaining a very good trading relationship with the UK. I think the trade between us is worth around £1 billion a week, so the Republic of Ireland would not want to see that handicapped.
Rishi Sunak (Richmond (Yorks)) (Con)
Will my right hon. Friend confirm that the Government will initiate the implementation phase only if our final relationship with our European allies has been agreed, at least in principle, so that what is meant to be a transitory state of affairs does not become a permanent bridge to nowhere?
Mr Davis
There are two answers to my hon. Friend. First, we will try to get the nature of the implementation phase agreed as soon as possible so that, as the right hon. Member for Leeds Central (Hilary Benn) said, businesses can take it into account. Secondly, my hon. Friend is right that such a transition phase will be triggered only once we have completed the deal itself. We cannot carry on negotiating through it, because our negotiating position during a transition phase would not be very strong.
Mike Gapes (Ilford South) (Lab/Co-op)
The Secretary of State claimed that progress has been made on the questions of EU citizens here and British citizens living in other EU countries. Will he confirm that British citizens living in other EU countries will maintain the protections of the European Court of Justice for the foreseeable future, whether or not we are inside the EU?
Mr Marcus Fysh (Yeovil) (Con)
Is it sensible to allow the EU to focus on the nature of an implementation phase before we are clear about what the final relationship is? Would not it be a good idea at this point to have Crawford Falconer, who is very experienced in trade negotiations, involved in the negotiations with the EU in a principal position?
Mr Davis
Mr Falconer works at the Department for International Trade, of course, but we are in constant communication with him. With respect to the sequencing of decisions on the implementation phase and the ongoing relationship, my hon. Friend is correct in theory, but in practice we need the implementation phase to be decided early for it to be beneficial to a large number of companies. In his response to the statement, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) pointed out that some companies will have to make decisions at the end of this year or in the first quarter of next year so that they are able to carry out any necessary changes, so we want to get things under way as quickly as possible.
Helen Goodman (Bishop Auckland) (Lab)
Further to the question asked by my hon. Friend the Member for Lewisham East (Heidi Alexander), some representatives from the pharmaceutical industry came to see me last Thursday, and they are desperate for some clarification on future trading relations and regulation. If they do not get some certainty, investment is going to be put back or spent in other countries. Nobody thinks that we should give the EU a blank cheque, but can the Secretary of State not see that if arguing about every £5 billion takes so long that we lose more in GDP, it is not worth it?
Mr Davis
First, the Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Worcester (Mr Walker), had a meeting with the industry this morning, and not for the first time. I have met industry representatives a couple of times as well. Secondly, part of the point of the implementation phase is that it gives them an extra two years of decision making, and that is well within their decision cycle. Thirdly, as for giving a blank cheque, that is Labour’s policy.
Kelly Tolhurst (Rochester and Strood) (Con)
I very much welcome the update that my right hon. Friend has given the House. As we leave the EU, the talented people and their businesses will drive our economy forward, whatever the outcome of the deal, because that is what we do in British business. Does my right hon. Friend agree that it is now time for the EU to move on with trade discussions and that British businesses that operate throughout Europe should be lobbying the Commission and the member states in which they operate so that the EU moves forward and we can start to see some clarity and certainty?
Alan Brown (Kilmarnock and Loudoun) (SNP)
As I have told the House before, my wife is an EU citizen, and I can assure the Secretary of State that his comments today will not give her any more comfort about her settled status in the future. What EU citizens want are guarantees. On the process to which he has alluded, what does a streamlined system look like? What does low cost mean, because I am sure that his definition is different from that of my constituents? How many additional resources will be employed by the Home Office to put that system in operation?
Richard Drax (South Dorset) (Con)
The decision to leave the EU in its entirety has been made, and any other consequence will be a betrayal of that vote. Is it not right and logical that a no-deal option has to be on the table in the event that we are forced, through bad negotiation and lack of will on the other side, to stay in an organisation that we voted to leave?
Wes Streeting (Ilford North) (Lab)
The writing is on the wall and the warning signs are there for the economy, whether on growth, foreign direct investment, and the decisions that businesses are already taking in anticipation of there being no deal or no agreement on transition as soon as business needs it. Despite that, the Chancellor has been savaged not by the Opposition but by members of his own party for no reason other than drawing to the attention of this House and the public the risks associated with making a series of bad judgments, or indeed no judgments at all, about our future relationship with the European Union. Given that many firms, including manufacturing firms with supply chains in the EU, will be making irreversible decisions before Christmas about jobs and activity, what assurance can the Secretary of State give them this afternoon that there will be a transitional deal before manufacturing and every other sector are faced with a series of unpalatable decisions?
Mr Davis
One thing that I will say to the hon. Gentleman about his fantasy economics—I can put it no better than that—is that people like him have been talking down the economy for two years. They said that there would be recession in the economy immediately following a Brexit decision, but the reverse has been true: we have higher employment than we have ever had; lower levels of unemployment than we have had for 30 or 40 years; and the economy is growing as fast as it has done.
Will Quince (Colchester) (Con)
Will my right hon. Friend assist me? Not to countenance a no-deal scenario would surely be writing a blank cheque to the European Union. Is it, in his view, naivety in negotiating strategy or is it in fact a vehicle for those who wish us to stay within the European Union against the wishes of the British people?
Kerry McCarthy (Bristol East) (Lab)
The core cities represent nearly 20 million people in the UK and a significant sector of our economy. Michel Barnier is meeting them soon. Why, despite repeated requests, has the Secretary of State not met them?
Wera Hobhouse
Thank you, Mr Speaker. The Secretary of State has said in his statement that we have made further progress on certainties for EU citizens in this country. May I tell him what creates great uncertainty for people? Those EU nationals who have lived here for many years and now want to apply for British passports are being delayed because they have to apply for settled status first. Can he explain why those citizens cannot apply for British citizenship straight away, rather than being delayed, which causes yet more uncertainty?
Tom Brake
This is something that the Minister’s office will not have to leak to Guido Fawkes. Does the Secretary of State accept that some of the consequences of crashing out of the EU will be: destabilising the lives of millions of EU citizens in the UK and of UK citizens in the EU; gridlock at our ports; and a loss of investor confidence in sectors as varied as the creative industries, the automotive sector and the food and drink sector? Will he rule out once and for all the so-called no-deal option, even if it does appeal to some of the fanatics on his Back Benches, and work instead towards a solution that keeps the United Kingdom in the single market and the customs union permanently?
Mr Davis
The first thing that I point to is the right hon. Gentleman’s wonderful selective choice of fantasies—none of them is true. He has ignored the fact that inward investment in the UK was at record levels in the first half of this year. As he raises the point about how a letter of his came to the attention of Guido Fawkes—he did it in a point of order yesterday and has alluded to it again today—let me tell him that that letter came to me via a journalist who already had full knowledge of its entire contents. I am afraid that he has no apologies coming from me on that either.
Foreign Policy, Defence and Development: Future Partnership
David Davis Excerpts(7 years, 2 months ago)
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The Secretary of State for Exiting the European Union (Mr David Davis)
Today we are publishing the latest in the series of papers on the Government’s approach to the deep and special partnership the UK seeks with the EU. This paper sets out the Government’s vision for future UK-EU co-operation on Foreign Policy, Defence and Security, and Development.
Copies of this paper, and any further position and future partnership papers, will be deposited in the Libraries of both Houses.
[HCWS126]