Oral Answers to Questions

Debate between David Davis and Hilary Benn

Wednesday 23rd October 2024 Commons Chamber

[David Davis (Goole and Pocklington) (Con)]

9. Whether he has had discussions with the Police Service of Northern Ireland on its use of surveillance powers.

[The Secretary of State for Northern Ireland (Hilary Benn)]

I meet regularly with the Chief Constable and his team to discuss a range of issues. While the Chief Constable has operational independence, the Investigatory Powers Commissioner’s Office provides oversight of those powers to ensure that their use is necessary, proportionate and in accordance with the law.

[David Davis]

At a recent hearing of the Investigatory Powers Tribunal, it became apparent that the Northern Ireland police force had been caught surveilling journalists’ telephones on the basis that they had received secret documents from whistleblowers. The reason for the secrecy of those documents was to cover up the embarrassment of the Royal Ulster Constabulary about its handling of the Loughinisland massacre. Will the Secretary of State meet me to discuss the future use of surveillance powers by the Northern Ireland police?

[Hilary Benn]

I am indeed aware of the background to this case. The original search warrants were quashed and the police investigation was discontinued. As the right hon. Gentleman knows, the Investigatory Powers Tribunal is currently looking at this case, and it would not be appropriate for me to comment while that is ongoing. The Chief Constable has set up the McCullough review to look at the wider issue, and the right hon. Gentleman may well wish to make representations to that review.

Point of Order

Debate between David Davis and Hilary Benn

Monday 4th March 2019 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

Further to that point of order, Mr Speaker. First, this matter, even were it dealt with in 2020, would have been long overdue. It was an issue that was critical for the Public Accounts Committee when I was the Chairman of it many years ago, so it is a long overdue issue. Secondly, it is not a question of the will of the House, but of the laws passed by this House. The intention of the House was that the instruction to bring an Order in Council in 2020 ought to be carried out in 2020, and that is clear from the Hansard of the time.

As the right hon. Member for Barking (Dame Margaret Hodge) says, the business that has been pulled today was about protecting the reputation of the City of London. That reputation will not be protected if it is felt by our competitors around the world that our family, as it were, are allowed to have standards that are lower than those of the City of London. Mr Speaker, will you will seek advice from Speaker’s Counsel about how we can ensure that laws passed by this House are carried out by this Government?

[Hilary Benn (Leeds Central) (Lab)]

Further to those points of order, Mr Speaker. Not only is tackling financial crime and money laundering essential for the reputation of this country, but if the Government feel that they can get away with changing a date contained in an amendment to legislation passed by this House in relation to this Bill, what is to stop them doing it on lots of other bits of legislation?

Further to the Government’s decision today to pull the Bill at the last minute—I think that is a discourtesy to the House, since it was on the Order Paper—have you, Mr Speaker, been given any indication by Government Ministers about when and whether they intend to return the Bill to the House not only so that we can fix what they have tried to do, but to add further protection in this matter covering the Crown dependencies as well as the overseas territories?

European Union (Withdrawal) Bill

Debate between David Davis and Hilary Benn

Ping Pong: House of Commons
Wednesday 20th June 2018 Commons Chamber

[Mr Davis]

I will turn in a moment to the issue at the forefront of many hon. Members’ minds—Parliament’s role at the conclusion of the negotiations with the European Union—but first I want to set out the other issues before the House for approval today. These are all issues where the Lords agreed with the Government on Monday: enhanced protection for certain areas of EU law, family reunification for refugee children and extending sifting arrangements for statutory instruments to the Lords. The Government set out common-sense approaches to those three issues in the Lords, who backed the Government, and the issues now return to this House for final approval.

The fourth issue is, as I have said, Parliament’s role at the conclusion of our negotiations with the EU. Before we turn to the detail, let us take a step back for a moment and consider the long democratic process we have been on to get here. It began with the EU Referendum Act 2015, passed by a majority of 263 in this House, at which point the Government were clear they would respect the outcome of the referendum. This was followed by the referendum itself, which saw a turnout of over 33 million people and 17.4 million people vote in favour of leaving the EU.

We then had the European Union (Notification of Withdrawal) Act 2017, which empowered the Government to trigger article 50. Despite the attempts of some in the other place to impugn the validity of this notification, the Act passed through both Houses, with a majority of 372 in this place on Third Reading. This was followed by a general election where both major parties, attracting over 80% of the vote, stood on manifestos that committed to respecting the result of the referendum: 27.5 million votes for parties that said they would respect the referendum—no ifs, no buts. We are now in the process of passing this essential Bill to get our statute book ready for the day we leave. It will ensure that we respect the referendum result but exit the European Union in as smooth and orderly a manner as possible.

We have already set out in law that this process will be followed by a motion to approve the final deal we agree with the EU in negotiations. If this is supported by Parliament, as I hope and expect it will be, the Government will introduce the withdrawal agreement and implementation Bill, which Parliament will have time to debate, vote on and amend if they so wish. Finally, as with any international treaty, the withdrawal agreement will be subject to the approval and ratification procedures under the Constitutional Reform and Governance Act 2010. And this is all before we even consider the other pieces of legislation we have passed and will pass as part of this process.

Anyone who questions the democratic credentials of this Government or this process should consider the steps we have taken to get to this stage and those which we have already laid out in front of us. I believe they are greater than any steps taken for any international negotiations ever in the history of this country. Furthermore, contrary to what was said in the other place on Monday, the Bill gives Parliament significantly more rights than we see on the EU side. The European Parliament simply has to consent to the withdrawal agreement—a yes or no vote—and the EU member states will simply have a vote in the Council on the withdrawal agreement. We have considerably more powers than them, too.

I turn now to the detail of the amendment at hand. We start with a simple purpose: how do we guarantee Parliament’s role in scrutinising the Government in the unlikely event that the preferred scenario does not come to pass? Our intention is straightforward: to conclude negotiations in October and put before both Houses a deal that is worthy of support. In approaching our discussions on this matter, the Government set out three reasonable tests: that we do not undermine the negotiations, that we do not alter the constitutional role of Parliament in relation to international negotiations, and that we respect the result of the referendum.

It is on that basis that we have tabled our amendments. This is a fair and serious proposal that demonstrates the significant flexibility that the Government have already shown in addressing the concerns of the House. Our original amendment provided that, if Parliament rejected the final deal, the Government must make a statement setting out their next steps in relation to negotiations within 28 days of that rejection. Our new amendments provide for a statement and a motion, ensuring that there is a guaranteed opportunity for both Houses to express their views on the Government’s proposed next steps. Not only that, but we have expanded the set of circumstances in which that opportunity would arise, to cover the three situations conceived of in the amendment tabled by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) last week. First, if Parliament rejects the deal, a statement must now be made within 21 days and a motion must be tabled in both Houses within seven sitting days of that statement. Alternatively, if the Prime Minister announces before 21 January 2019 that no deal can be agreed with the European Union, a statement must be made within 14 days, and a motion must be tabled in both Houses within seven days of that statement. Finally, if no agreement has been reached by the end of 21 January 2019, a statement must be made within five days, and a motion must be tabled in both Houses within five sitting days. That would happen whatever the state of the negotiations at that stage.

[Hilary Benn (Leeds Central) (Lab)]

Will the right hon. Gentleman give way?

[Mr Davis]

I will give way to the Chairman of the Exiting the European Union Committee.

[Hilary Benn]

When the right hon. Gentleman appeared before the Committee recently, he confirmed that the motion asking the House to approve the withdrawal agreement would be amendable. Can he therefore explain to the House why the Government are now proposing amendments to Lords amendment 19P to include the reference to “neutral terms”? He will be well aware that Standing Order 24B says that, if a motion is considered by Mr Speaker to be in neutral terms, it cannot be amended. Why are the Government prepared to allow an amendable motion in one case, but not in the dire circumstances that the right hon. Gentleman is now describing?

[Mr Davis]

The right hon. Gentleman has prefaced perfectly the rest of my speech, because that is precisely what I shall spend the next 10 minutes explaining to him.

I think that the additional provisions speak for themselves. Our proposed amendment creates a formal structure, set out in law, for Parliament to express its views in all the various scenarios that might come to pass in our exit from the European Union, but it also passes the three tests that were set out by me and by the Prime Minister.

I am glad to see that the amendment sent back to us by the other place accepts the vast majority of these provisions. The core of the disagreement now focuses on the exact nature of the motion offered to the House if any of the unfortunate circumstances that I have previously mentioned come to pass. Our amendment offers those motions in neutral terms. Questions have focused, understandably, on whether that means that they would not be amendable. Members will, of course, be aware that it is not within the competence of Governments to judge whether amendments can be tabled to motions, but for the sake of clarity, let me quote from Standing Order No. 24B:

“Where, in the opinion of the Speaker or the Chair, a motion, That this House… has considered the matter, is expressed in neutral terms, no amendments to it may be tabled.”

I have written to the Chairman of the Procedure Committee setting out how the Government understand that this process will operate in practice and have laid a copy of that letter in the Libraries of both Houses.

Oral Answers to Questions

Debate between David Davis and Hilary Benn

Thursday 14th June 2018 Commons Chamber

[Mr Davis]

Yes. As my hon. and learned Friend the Solicitor General stated in yesterday’s debate on the Lords EEA amendment, continuing to participate in the EEA agreement beyond the implementation period means accepting all four freedoms of the single market, including free movement of people. In the last election, both main parties clearly said that they would not accept that. It is therefore clear that continuing to participate in the EEA agreement beyond the implementation period would not deliver control of our borders or our laws, which the British people voted for. That point was made by a number of Labour MPs in yesterday’s debate—the right hon. Member for Don Valley (Caroline Flint) is not here, and I do not often compliment her, but she made one of the best speeches of the day on exactly that subject.

Our proposals are designed to deliver the best access to the European market consistent with taking back control of our laws and borders. That is what we will do.

[Hilary Benn (Leeds Central) (Lab)]

The Government’s proposal for a backstop in Northern Ireland did not include an approach on regulatory standards, which is presumably one reason why Michel Barnier, in rejecting it, said that it would lead to a hard border. Do the Government intend to submit a revised proposal to the EU negotiators before the June European Council?

[Mr Davis]

The right hon. Gentleman is uncharacteristically inaccurate. Michel Barnier did not reject our proposal. He said in a tweet after his press conference that he would be discussing it with us, which he did on Monday.

Oral Answers to Questions

Debate between David Davis and Hilary Benn

Thursday 15th March 2018 Commons Chamber

[Mr Davis]

My hon. Friend is right, and it was a very odd linkage to make. The simple truth is that when we leave the European Union we will be an independent coastal state, and as a result we will control our own waters. As stated in DEFRA questions last week, we will continue negotiations with neighbouring states about catch—because fish move—quotas, and all the rest of it. However, we will control our own destiny.

[Hilary Benn (Leeds Central) (Lab)]

The UK is party to around 40 trade agreements negotiated by the EU, but at least two of those countries have indicated that they will seek concessions from the United Kingdom in return for rolling over those agreements during the transition period. Will the Secretary of State assure UK exporters that they will be able to continue to trade with those countries on the same basis as now and with the exact same benefits, and that we will not end up in a situation where those countries will have preferential access to our market, while UK businesses lose the same access to their markets?

[Mr Davis]

The right hon. Gentleman’s stance is fascinating, because the customs union proposal that the Labour party recently came up with induces exactly the risk that people will have access to our markets without our necessarily having complementary access to theirs. Indeed, that was the view espoused by the shadow Secretary of State for International Trade not long ago.

Oral Answers to Questions

Debate between David Davis and Hilary Benn

Thursday 14th December 2017 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

The Secretary of State told the Select Committee that it was the Government’s intention to conclude a free trade agreement with the EU by March 2019. Last Friday, however, the Environment Secretary told the “Today” programme that ironing out the details of a free trade agreement and moving towards a new relationship would take place during the transition period. Can the right hon. Gentleman confirm that that is the Government’s new position?

[Mr Davis]

The implementation period will be most valuable if companies know what the final outcome will be, because that will allow them to prepare for it. To that end, we will seek to conclude the substantive portion of the negotiation before then.

EU Exit Negotiations

Debate between David Davis and Hilary Benn

Tuesday 5th December 2017 Commons Chamber

[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.

EU Exit Negotiations

Debate between David Davis and Hilary Benn

Monday 13th November 2017 Commons Chamber

[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.

Leaving the EU: Parliamentary Vote

Debate between David Davis and Hilary Benn

Thursday 26th October 2017 Commons Chamber

[Mr Davis]

My hon. Friend is exactly right. Indeed, that is one of the things I said to the Select Committee yesterday—that we intend or will try to get the Commission to agree the implementation period as soon as possible.

[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.

EU Exit Negotiations

Debate between David Davis and Hilary Benn

Tuesday 17th October 2017 Commons Chamber

[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.

European Union (Withdrawal) Bill

Debate between David Davis and Hilary Benn

Thursday 7th September 2017 Commons Chamber

[Mr Davis]

No. If my right hon. Friend will forgive me, I am trying to hold back from taking too many interventions. I will discuss that with her, and we will look at possible amendments.

[Hilary Benn (Leeds Central) (Lab)]

Will the Secretary of State give way?

[Mr Davis]

I will give way to the Chairman of the Select Committee.

[Hilary Benn]

Will the Secretary of State give the House an assurance that the powers in clause 9 to implement the withdrawal agreement will not be exercised until Parliament has had an opportunity to vote on the agreement?

[Mr Davis]

To vote on the agreement?

--- Later in debate ---

[Hilary Benn]

On the agreement.

[Mr Davis]

I am just thinking through the logic of that. It seems to me to be logical, in truth. Will the right hon. Gentleman allow me a few moments to review the matter? It seems to me to be perfectly possible that I could give such an undertaking, but I will not just do it on the fly in case I have missed something. [Interruption.] No, no. He is right. Let me say to the House that he is right about one thing in that the two issues—the overall judgment on the outcome and any withdrawal arrangements—run together. The withdrawal arrangements are most likely to come up if it arrives late, and that is why I will have to think through the possible timetable. He will remember that when we talked about how the House will be able to review the negotiated agreement, we said we would use our best endeavours and that we intend and expect to get it to the House before anybody else. That is what we intend, and we had to use that form of words because we were not sure about the timing. However, I will talk to him and come back to him on that matter.

Oral Answers to Questions

Debate between David Davis and Hilary Benn

Thursday 7th September 2017 Commons Chamber

[Mr Davis]

As my hon. Friend will understand—he heard me say this earlier—we considered that in some detail before the Lancaster House speech. We concluded that it did not meet the requirements for which the British people voted and that it would not be as easy to negotiate as an alternative bespoke transitional arrangement might be.

[Hilary Benn (Leeds Central) (Lab)]

Now that the Secretary of State has accepted that there will need to be transitional arrangements, is it the Government’s policy that the UK will continue to make payments into the EU budget for that period, however long it lasts?

[Mr Davis]

I think this must be the 20th time I have said to the right hon. Gentleman that I am not going to negotiate from this Dispatch Box, and he should know that. What I will say to him is that the transitional arrangements as we have described are an implementation period—or phase, or any of all the other different words used for it—and are there for one purpose: to ensure, in his words, that we avoid a cliff edge. That is not just true of us: it is not just the UK that has come to this conclusion—some time ago as it turns out—but so have the other members of the European Union, and one of the things we have been doing in the past six to nine months is ensuring that they understand from their point of view precisely how valuable to them a transitional arrangement will be.

EU Exit Negotiations

Debate between David Davis and Hilary Benn

Tuesday 5th September 2017 Commons Chamber

[Mr Davis]

I take my right hon. Friend’s point about the Labour party. I was being quite kindly to my opposite number, the shadow Brexit Secretary—after all, I only have to negotiate with Brussels, whereas he has to negotiate with his entire Front Bench! My right hon. Friend is right to say that we have to know where the endgame will be—where the end position will be—in order to get an accurate description of the implementation and transition period. I will differ from him on one point: that does not mean that we should not make it clear up front that we intend to have some sort of implementation period, where it is necessary—only where it is necessary.

[Hilary Benn (Leeds Central) (Lab)]

Leaving without a deal would be disastrous, and the Government must now realise that it will not be possible to negotiate the bespoke deal that they have spoken about at great length by the time set out under the article 50 process, because there will not be sufficient time, given the rate of progress. In order for the Secretary of State to talk about an implementation period, he has to have something to implement. Why does he not recognise, therefore, that the only way now to give business the stability and certainty it requires is to say that we will remain within the current trade and market access arrangements for a transitional period in order to allow a final deal to be negotiated and agreed?

[Mr Davis]

Let us start with the right hon. Gentleman’s original presumption that we cannot achieve a negotiated deal in the period. As he should know, given his role as past and current Chairman of the Brexit Committee, the previous Trade Commissioner, Karel De Gucht, who is no friend of Brexit and does not approve of what we are doing, has said in terms that it is not technically difficult to achieve a trade outcome—all it requires is political will. What it requires is the political will on the European side to do it. What will give that political will is the fact that it sells roughly €300 billion of product to us every year and will want to continue doing so.

Legislating for UK Withdrawal from the EU

Debate between David Davis and Hilary Benn

Thursday 30th March 2017 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

The Government’s aim that EU law, with all its rights and protections, will remain in place is a pragmatic approach; we need to find a way of making that happen. However, the Secretary of State will be aware of concern that others might try to use the process to get rid of EU laws they have never liked, or use these powers to make changes beyond the minimum necessary. Will he therefore commit to consulting closely with the Exiting the European Union Committee on the scope of the Bill, and does he intend to publish a draft Bill for pre-legislative scrutiny?

[Mr Davis]

I happily undertake to consult the Select Committee on this very important issue. I have already told the right hon. Gentleman privately—I will now say it publicly—that we will not publish draft legislation. However, now that the White Paper has been published, we will undertake a great deal of consultation, including with his Select Committee.

Oral Answers to Questions

Debate between David Davis and Hilary Benn

Thursday 9th March 2017 Commons Chamber

[Mr Davis]

My right hon. Friend is absolutely right. One of the ongoing streams of work in Whitehall involves arranging to talk to the regulators, and some of those discussions have already happened. The Governor of the Bank of England has commented on the need to maintain stability after Brexit, and that will be an important part of our negotiations.

[Hilary Benn (Leeds Central) (Lab)]

Because of the Government’s decision to leave the single market, lots of agreements will cease to have effect the day after we leave. One of those is the agreement that allows British airlines to fly to any airport in the European Union. Given that airlines sell tickets up to 11 months in advance, what assurance can the Secretary of State give to passengers that the tickets they buy before we leave the European Union will still be valid after we leave?

Oral Answers to Questions

Debate between David Davis and Hilary Benn

Thursday 26th January 2017 Commons Chamber

[Mr Davis]

We already have done. In my one meeting with Mr Barnier, he talked about a sequential approach, which does not seem practical to me. It really is not possible to reach an outcome on either of the negotiations without a clear idea of the trade aspect of the negotiations. My right hon. Friend’s description is pretty accurate. I have said in terms that we intend all of this to be concluded within the two years.

[Hilary Benn (Leeds Central) (Lab)]

The Government say they want nothing further to do with the European Court of Justice but, as the Secretary of State well knows, in any new free trade agreement with the 27 member states there will have to be a legal arbitration mechanism whose rulings we will be obliged to implement. If the European Court of Justice is not acceptable, what court would be?

[Mr Davis]

It would not necessarily be a court. The right hon. Gentleman is quite right that most international—[Interruption.] Listen to the answer. Most international trade agreements have an arbitration mechanism, and that mechanism is normally preceded by a mediation mechanism, which is used more often. In the case of the Canada arbitration mechanism, for example, three people—one from each side and one neutral—are appointed by agreement. It is a fall-back if agreement cannot be reached, and it is a simple arbitration mechanism. There is all the difference in the world between a simple arbitration mechanism and a Court that reaches into every nook and cranny of your society.

Article 50

Debate between David Davis and Hilary Benn

Tuesday 24th January 2017 Commons Chamber

[Mr Davis]

Well, we will certainly keep it straightforward. My right hon. Friend is right: this was—is—a unique circumstance in many ways. It is unique in terms of the importance to the United Kingdom, but also unique in the fact that it is carrying out the will of 17.5 million people who voted directly—something that has never happened before in our history—so it was important to take the matter to the Supreme Court to get the full judgment. I give him this undertaking: I will do everything in my power to make sure that the measure goes through swiftly, and that while it is properly scrutinised, it is a simple and straightforward Bill that delivers the triggering of article 50 by 31 March.

[Hilary Benn (Leeds Central) (Lab)]

Having argued in court that Parliament should not decide on the triggering of article 50 and lost, will the Secretary of State accept the unanimous recommendation of the Select Committee on Exiting the European Union—and in the process agree with himself before he got his present job—and now publish a White Paper on the Government’s objectives so that they can be considered alongside the legislation that he has just announced? If the Government do not do so, they will be showing a lack of respect for this House of Commons.

[Mr Davis]

I do not often disagree with myself, but let me say this to the right hon. Gentleman: the speech given last week by the Prime Minister was the clearest exposition of a negotiating strategy that I have heard in modern times. It laid out clearly what we judge the national interest to be and how we intend to protect it, what we want to do, and what we hope does not happen and how we will avoid that. I do not see that this Government have avoided answering any question, whether from his Committee or from Opposition Front Benchers. The only questions that we have been unable to answer are those that it would be to the disadvantage of the country to answer, because that would undermine our negotiating strategy.

Let me give the right hon. Gentleman one example. A couple of weeks ago, my opponent, as it were, the hon. and learned Member for Holborn and St Pancras (Keir Starmer), said on Channel 4, “What we want to know is whether the Government will pay for access to the single market and how much they’ll pay.” If anything would undermine the negotiating position, that would. It is precisely that sort of thing that we are going to avoid. We will continue to give information to the House. I gave the Brexit Committee an undertaking that we will give at least as much information as will go to the European Parliament—indeed more, I think. We will continue to keep the House informed throughout the entire process, which is not going to be over in a few weeks—it will last two years—and the House will be as well informed as it has been on any matter of such importance.

New Partnership with the EU

Debate between David Davis and Hilary Benn

Tuesday 17th January 2017 Commons Chamber

[Mr Davis]

My right hon. Friend wrote a very wise paper, which I referred to in a previous exchange here. He will recognise that the negotiating balance changes at the end of the two-year period, so it is very important that we conclude the deal by then. The implementation is a different matter; it may take time, and it does take time, but we cannot control that, whether we are putting in place a new customs arrangement or whatever it might be. So there are practicalities there, and it is the practicalities that will drive this.

[Hilary Benn (Leeds Central) (Lab)]

While the Prime Minister has made things clearer today, and I welcome, in particular, the commitment that Parliament will have a vote on the final deal and that the Government will seek transitional arrangements—both things that the Select Committee called for in its first report—there is one big issue where there is still uncertainty for businesses, and that is the continuation of tariff-free and barrier-free trade. Given the Government’s unequivocal commitment today to that goal, will the Secretary of State tell the House whether, if remaining in the customs union turns out to be the only way of ensuring that—because what we ask for is not necessarily what we will get—that is what the Government will do to honour that commitment to British businesses?

[Mr Davis]

What the Government will do is abide by the instruction given to them by the British people, and that instruction was to leave the European Union. I am afraid that is inconsistent with membership of the market. But what we have said in terms is that we intend to deliver the very thing the right hon. Gentleman says British business is uncertain about, and that is tariff-free and barrier-free access to the European market.

Oral Answers to Questions

Debate between David Davis and Hilary Benn

Thursday 1st December 2016 Commons Chamber

[Mr Davis]

I got into trouble once before for saying, “Get thee behind me, Satan”, which was royally misinterpreted in the press. However, my hon. Friend makes a significant point. This money is British money: it will come back to us, and we will decide what to do with it.

[Hilary Benn (Leeds Central) (Lab)]

In a week in which it has been reported that the Foreign Secretary told EU ambassadors that he does not agree with the Government’s policy on free movement and that a Dutch Member of Parliament attended a Downing Street briefing on the Government’s Brexit plans, does the Secretary of State understand why the House is getting a little fed up with being told nothing? If he does, will he tell us when the Government will come forward with their plans for Brexit, including for what will happen regarding any future contributions to the European Union after we have left?

[Mr Davis]

As the right hon. Gentleman knows, I am appearing in front of his Committee on 14 December. His Committee has already visited my Department, and we are seeking to help it as much as we can. As a previous Secretary of State for International Development and Cabinet Minister, he also knows full well that the probable success of the negotiations greatly depends on our ability to manage information and to keep secret until the last minute what needs to be kept secret.

As for the other things from this week that the right hon. Gentleman mentioned, they are all based on a presumption that a scribbled note in Downing Street is actually anything like Government policy. It is not.

Article 50

Debate between David Davis and Hilary Benn

Monday 7th November 2016 Commons Chamber

[Mr Davis]

I wholeheartedly deplore the threats and the violent language used against the individual who I think launched this judicial case—that is utterly to be deplored. The point of division when one defends free speech is the point at which it encourages violence. In that respect, I absolutely agree. Hate crime is despicable, and those sorts of assaults are despicable.

[Hilary Benn (Leeds Central) (Lab)]

The Secretary of State indicated last Thursday that, in all probability, legislation would be required to trigger the article 50 process if the judgment is upheld. Is that still his view? If so, will he give the House an assurance that, before that legislation is brought before the House, the Government will have published their negotiating objectives for the great endeavour on which the nation is about to embark. Whether people voted for or against remaining in the European Union, what all of them want to know now is: do the Government have a plan? The more he stands at the Dispatch Box and does not reveal one, the more worried people become.

[Mr Davis]

First, on the question of legislation, the actual outcome will depend on what the Supreme Court judges rule. What I was commenting on was the state as of the hearing or declaration last week. On the negotiation, as I have said before, we will be as open as possible subject to the overwhelming national interest of preserving our negotiating position. It is no good creating a public negotiating position, which has the simple effect of destroying our ability to negotiate—full stop.

Oral Answers to Questions

Debate between David Davis and Hilary Benn

Thursday 20th October 2016 Commons Chamber

[Mr Davis]

The Chancellor’s response was much the same as mine will be. Yes, we have been talking to the European institutions, in particular, about this matter, and they take the same view as we do.

[Hilary Benn (Leeds Central) (Lab)]

We look forward to hearing from the Secretary of State once the new Select Committee has been established. May I press him on transitional arrangements, which are absolutely fundamental to the task in hand? He will be only too well aware that uncertainty about our future trading relationships, including for the financial services industry, is the major concern of business. Can he give the House an assurance that if we have not been able to negotiate a new trade and market access agreement with the European Union by the end of the article 50 process, the Government will seek a transitional arrangement, because if they do not say that now the business uncertainty will continue, and businesses may begin to take decisions because they do not know what the future holds?

[Mr Davis]

I congratulate the right hon. Gentleman on his new post. I am very pleased that he is the Chairman of the Brexit Committee, and look forward to a great deal of discussion with him on these subjects. He is quite right—we have to treat as absolutely central to what we do maintaining the stability of the City but also of the European financial markets, which have been a little fragile over the past few years. We will therefore do anything necessary. In the financial sector, as in other sectors, at the point of exit from the European Union, all the standards, conventions and regulations will be identical, so the transition should be capable of being managed very clinically. We will do everything necessary to maintain that stability.

Next Steps in Leaving the European Union

Debate between David Davis and Hilary Benn

Monday 10th October 2016 Commons Chamber

[Mr Davis]

I thank my right hon. Friend for her compliments, but I would say two things to her. First, we need to make expeditious progress. That is, I think, one of the requirements that the referendum lays upon us. Secondly, the staffing is not yet 100% because we have to acquire sets of very specific skills. There have recently been arguments in the papers about everything from passporting to customs and just-in-time systems, and we have to be able to deal with that. These are not normally skills that are widely available in Whitehall, so it will take a little time to get from 80% to 100%.

[Hilary Benn (Leeds Central) (Lab)]

Does the Secretary of State understand that the conflicting signals emanating from the Government about the type of Brexit that they wish to pursue are creating a great deal of uncertainty among businesses and the people who rely on them for their living, one aspect of which is the fear that we might leave the European Union without an agreement on trade, which would leave these businesses to cope on World Trade Organisation terms? Can the Secretary of State tell the House whether it is his policy, in those circumstances, to seek a transitional agreement to cover the period until such time as a final status agreement on trade and market access is agreed with the other 27 member states?

[Mr Davis]

I am inclined to say that the right hon. Gentleman’s father will be smiling down on both of us. He makes a good point on the effect of the uncertainty. It is partly a problem of the preparation process and that there is less out there. I have said to every single interest group I have spoken to—that includes the CBI, despite the comments made this morning, the British Chambers of Commerce, the Engineering Employers Federation and others, as well as the TUC and others on the other side—that we need to have the hard data about the nature of the problem. For example, there are about nine different sorts of passports and we need to be more specific. We also need hard data about the size of the problem in terms of both money and jobs, and the actions we can take to deal with that. That is why we need to take the time until perhaps March. In doing so, we will try to winnow down the size of the negotiation that needs to be done, and then make it faster than it would otherwise be.

We start with an advantage, which the right hon. Gentleman, being who he is, has probably spotted, in that we will have exactly the same regulatory basis on the day we leave as the rest of the European Union. That is normally the biggest thing that gets in the way of major trade negotiations. I therefore do not expect the circumstance he describes. I will not offer a view, but simply say this: we will do everything possible to protect, enhance and maximise the opportunities for British business. He can draw his conclusion from that.

Exiting the European Union

Debate between David Davis and Hilary Benn

Monday 5th September 2016 Commons Chamber

[Mr Davis]

It is a pleasure to hear from my right hon. and learned Friend and long-term friend, but he is over-interpreting what I have said, I think. Article 50 is the beginning of this process; it is not the end. I know there will be many opportunities for this House to scrutinise what we are about to do after article 50 takes place, but it would be somewhat futile to do so before we start the negotiations, as some of those negotiations will have a direct impact on the very rights that he is talking about. He can take it from me that I did not spend all those years on the Back Benches defending those rights to give them up now.

[Hilary Benn (Leeds Central) (Lab)]

Does the Secretary of State agree that it would be a good idea to try to find some way of maintaining a form of co-operation on foreign policy after we leave the European Union, because even after exit we will still very much be part of Europe, and there are a great number of challenges around the world on which we will have to continue to work with our European neighbours?

[Mr Davis]

The right hon. Gentleman is absolutely right. The tradition of this country in maintaining strong effective alliances generally for good in the world at large is one that I fully expect will continue. Indeed, one aspect of the picture of the future that I see is that Britain will continue to be a good global citizen, as it always has been. Co-operation on foreign policy is very much a part of that.