EU Exit Negotiations

Debate between David Davis and Chris Leslie

Tuesday 5th December 2017 Commons Chamber

[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.

EU Exit Negotiations

Debate between David Davis and Chris Leslie

Monday 13th November 2017 Commons Chamber

[Mr Davis]

Yes.

[Mr Chris Leslie (Nottingham East) (Lab/Co-op)]

What was that?

--- Later in debate ---

[Mr Davis]

What I can say to my right hon. Friend is that if we do not have a withdrawal agreement, we cannot have a withdrawal agreement Bill—full stop.

[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.

EU Exit Negotiations

Debate between David Davis and Chris Leslie

Tuesday 17th October 2017 Commons Chamber

[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?

[Mr Davis]

We are in a negotiation. As the hon. Gentleman quite rightly points out, we have been talking for five rounds so far, and indeed I had another meeting with Mr Juncker and Mr Barnier last night. Let us just see what the European Council comes out with on Friday, shall we?

European Union (Withdrawal) Bill

Debate between David Davis and Chris Leslie

Thursday 7th September 2017 Commons Chamber

[Mr Davis]

Not for a moment. I will make some progress and come back to the hon. and learned Lady.

The conversion of EU law into UK law is an essential measure to ensure that the UK leaves the EU in the smoothest way possible. However, that action alone is not enough to ensure that the statute book continues to function. Many laws will no longer make sense outside the EU. If we were only to convert EU law into UK law, our statute book would still be broken. Many laws would oblige UK individuals, firms or public authorities to continue to engage with the European Union in a way that would be both absurd and impossible for a country that is not within the European Union. Other laws would leave the European Union institutions as key public authorities in the UK—a role they would not be able to perform or fulfil.

The problems that would arise without our making these changes would range from minor inconveniences to the disruption of vital services we all rely on every day. In practical terms, they would range from a public authority being required to submit reports on water quality to the European Union, to disruption being caused to the City by the removal of the supervision of the credit rating agencies entirely. It is essential that these issues are addressed before we leave the European Union, or we will be in breach of our duty as legislators to provide a functioning and clear set of laws for our citizens.

That is why the Bill provides a power to correct problems that arise in retained EU law as a result of our withdrawal from the European Union. This is clause 7, the so-called correcting power. Unlike section 2(2) of the European Communities Act—this goes straight to the point that the right hon. Member for Normanton, Pontefract and Castleford raised—which can be used to do almost anything to the statute book to implement EU law, the correcting power is a limited power. It can be used only to correct problems with the statute book arising directly from our withdrawal from the European Union. Ministers cannot use it simply to replace European Union laws that they do not like. It is designed to allow us to replicate as closely as possible existing European Union laws and regimes in a domestic context. It is also restricted. It cannot be used, for example, to create serious criminal offences, amend the Human Rights Act, or impose or increase taxation. We have ensured that it will expire two years after exit day so that nobody can suggest that it is a permanent attempt to transfer power to the Executive.

[Mr Chris Leslie (Nottingham East) (Lab/Co-op)]

Will the Secretary of State give way?

[Mr Davis]

No.

I accept that proposing a delegated power of this breadth is unusual, but leaving the European Union presents us with a unique set of challenges that need a pragmatic solution. Using secondary legislation to tackle such challenges is not unusual. Secondary legislation is a process of long standing with clear and established roles for Parliament.

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[Lady Hermon (North Down) (Ind)]

rose—

[Mr Leslie]

rose—

[Mr Davis]

I will give way to the hon. Lady.

EU Exit Negotiations

Debate between David Davis and Chris Leslie

Tuesday 5th September 2017 Commons Chamber

[Mr Davis]

I did raise that point in a rather jocular way about three or four months ago and all I got was laughter. The important point is this: the European Union has based its argument on legal necessity—we have to pay because that is what the law says. Our approach to that was not to make some sort of counter bid as it wanted us to do, but to go back and say, “Okay, let’s test that law.” Last week, it was given a two-and-a-half hour briefing on why we think the legal basis is flawed. To some extent, that is why the end of that negotiating round was tetchier than the one before.

[Mr Chris Leslie (Nottingham East) (Lab/Co-op)]

On the financial settlement, can the Secretary of State confirm that the Government will bring forward a separate and distinct vote in Parliament to authorise any billions of pounds of divorce bill from the European Union? I ask him because next Monday he is expecting the House—hon. Members will see this on the Order Paper—to vote for a money resolution, which authorises, in advance, any expenditure, and, worse, for a Ways and Means resolution, which authorises any tax. I do not think that he would accept that Parliament should be giving such a blank cheque in advance without knowing what the settlement is.

[Mr Davis]

I think the hon. Gentleman has got that wrong. The Bill does not cover separation payments. I ask him to bear in mind one other thing that we have said, which is that there will be a vote of this House on the final settlement. My expectation is that the money argument will go on for the full duration of the negotiation. The famous European line that nothing is agreed until everything is agreed will apply here as it will everywhere else, but there will be a vote in which the House can reflect its view on the whole deal, including on money.