Legislating for UK Withdrawal from the EU

Debate between David Davis and Desmond Swayne

Thursday 30th March 2017 Commons Chamber

[Mr Davis]

I am happy to see him, but not at half-past 2.

[Sir Desmond Swayne (New Forest West) (Con)]

That UK judges will be less creative is an open question. The notion of incorporating EU regulation, and indeed case law, gives me the collywobbles, but I assure my right hon. Friend of my support in the Division Lobby because he has bigger fish to fry.

[Mr Davis]

As the White Paper says, we made a very explicit decision that we would aim to make this a Supreme Court-level precedent—to reduce the number of courts that can deal with this to just the Supreme Court itself. The Supreme Court is fairly careful about changing its own precedent; indeed, it does so relatively rarely. We expect that to continue to be the case, but anything it does this House can change.

Oral Answers to Questions

Debate between David Davis and Desmond Swayne

Thursday 9th March 2017 Commons Chamber

[Mr Davis]

My right hon. Friend points exactly at the incredible inconsistency at the heart of the Scottish National party: it believes that it is fine to be ruled from Brussels, but not to be ruled from anywhere else.

[Sir Desmond Swayne (New Forest West) (Con)]

Given the huge identity of mutual interests that Scotland shares with the rest of the United Kingdom, will not a good deal for the United Kingdom shower all sorts of benefits that can be devolved on Scotland?

[Mr Davis]

My right hon. Friend highlights an important point: what matters in this negotiation is the outcome, not the mechanism. The Scottish Government have laid a great deal of emphasis on their own preferred policy of separate membership of the single market, but the simple truth is that what we want is a good outcome in terms of access to the single market for everybody in the United Kingdom, and that will achieve exactly the same aim in a different way.

Exiting the EU: New Partnership

Debate between David Davis and Desmond Swayne

Thursday 2nd February 2017 Commons Chamber

[Mr Davis]

As it stands—as far as I can see, having gone through this quite carefully—once we are outside the EU, the question of whether we automatically cease to be a member of the EEA becomes a legal empty vessel. We will look at that. If we do propose to withdraw from the EEA, we will come back and tell the House.

[Sir Desmond Swayne (New Forest West) (Con)]

When European subjects have come to my surgery to talk about their rights, they have left in agreement that those rights must go hand in hand with the rights of UK subjects living in their own country. I hope the Secretary of State has got the message.

[Mr Davis]

I have got the message and, incidentally, so have the leaders of most of the countries with the most people here. They also understand that we have to protect the rights of British people at the very same time as we protect the rights of their citizens. There is no question that it is not going to happen. The question is when it will happen, and we are trying to do it as quickly as possible.

Article 50

Debate between David Davis and Desmond Swayne

Tuesday 24th January 2017 Commons Chamber

[Mr Davis]

The hon. Lady talks about certainty. A two-year negotiation is going to take place, and there is nothing we can or should do to collapse that. That means that there is a limit to the extent to which we can introduce certainty. By the way, I had not mentioned it until then in this discussion. There will be debate after debate. On article 50, there will be debate on the policy. On the great repeal Bill, there will be debate on the policy. In several subsequent pieces of primary legislation, there will be debate on the policy. There will be no shortage of debate or votes.

[Sir Desmond Swayne (New Forest West) (Con)]

Any obligation placed on the Government’s negotiating position during the passage of the Bill may subsequently be subject to judicial review, with consequent delay. I hope that my right hon. Friend will judge the intentions that have been announced to amend the Bill in that light.

[Mr Davis]

As my right hon. Friend knows, I view everybody with great charity and generosity, and I will continue to do so.

New Partnership with the EU

Debate between David Davis and Desmond Swayne

Tuesday 17th January 2017 Commons Chamber

[Mr Davis]

If the right hon. Gentleman is not careful, I shall invite him to jump on the M62 and come to visit me at my home in Yorkshire—that right-wing bastion in the north of England. What I would say to him is this: as he might imagine, I am acutely conscious of the needs of the north, and what I am intending to do—I had not intended to announce it today, but I will, since he has asked—after the mayoral elections is to get all the mayors of the north to come and have a meeting in York to talk about precisely that.

[Sir Desmond Swayne (New Forest West) (Con)]

It is a magnificent plan, but before the Secretary of State negotiates it, may I urge on him enormous patience, because our partners will first want to discuss the money —the division of the assets and liabilities?

[Mr Davis]

I almost reiterate the answer I gave to the previous question, which is that I am from Yorkshire, and we are known to be just like the Scots but a lot less generous.

Article 50

Debate between David Davis and Desmond Swayne

Monday 7th November 2016 Commons Chamber

[Mr Davis]

The ruling of the Court is simply a judgment, no more, no less, and I do not see it in any political context.

[Sir Desmond Swayne (New Forest West) (Con)]

Will the Secretary of State celebrate the fact that parliamentary sovereignty is now embraced even by those who campaigned to leave it in Brussels?

[Mr Davis]

My right hon. Friend makes a point that I may agree with but dare not make myself.

--- Later in debate ---

[Robert Flello (Stoke-on-Trent South) (Lab)]

Three quarters of my constituents and the majority of this country have said that they want to exit. I agree that we must get on with it—unequivocally, for the benefit of the hon. Member for Monmouth (David T. C. Davies). Why, however, are we waiting for a decision that may well go against the Government? By all means let the Secretary of State pursue the case in court if he must, but let him bring a Bill to the House and let us vote on it. Let us vote to trigger article 50 at the right time, as the Government have set out, and let us pursue exit from the European Union. Why does he not just do it?

[Sir Desmond Swayne]

Answer!

[Mr Davis]

I am going to. First, because the triggering of article 50 should be done only when the policy work is complete, and it is not yet complete. Secondly, because the judicial timetable still allows us to meet the date of 30 March, which is the date that we are going to hit.

Oral Answers to Questions

Debate between David Davis and Desmond Swayne

Thursday 20th October 2016 Commons Chamber

[Mr Davis]

I have no trouble keeping a straight face when dealing with the Opposition. I am afraid that, from time to time, they do things that are seriously not in the country’s interests. Let me quote a rather more authoritative source than the Financial Times. The European Commission has guidelines on how it handles negotiations and what it puts in the public domain beforehand. It states:

“The negotiations and their texts are not themselves public. This is entirely normal for trade negotiations, not just those involving the EU. There are several reasons for this. A certain level of confidentiality is necessary to protect EU interests and to keep chances for a satisfactory outcome high. When entering into a game, no-one starts by revealing his entire strategy to his counterpart from the outset: this is also the case for the EU.”

The Opposition are trying to put us in a disadvantaged position with the European Union, and that is not in the national interest.

[Sir Desmond Swayne (New Forest West) (Con)]

T3. Are opportunities being identified for British business that will arise from our departure?

Next Steps in Leaving the European Union

Debate between David Davis and Desmond Swayne

Monday 10th October 2016 Commons Chamber

[Mr Davis]

As always, the right hon. Gentleman has asked a serious question, and I thank him for it. My job is to bring back control of these issues to the United Kingdom, which can then exercise that control in the way that Parliament and the Government see fit. What they negotiate thereafter is not a matter for me to speculate on, and I certainly would not offer an opinion on what is or is not a good negotiating hand at this point in time. However, I hear what he says.

[Sir Desmond Swayne (New Forest West) (Con)]

I satisfied my appetite for voting on this question on 23 June, but like my right hon. Friend the Member for North East Bedfordshire (Alistair Burt), I want some influence over the process. However, if influence has to be measured by holding a Division, as Labour Members appear to believe, they might be reminded that they get a Supply day every week.

[Mr Davis]

My right hon. Friend will of course always influence decisions in this House.