EU Exit Negotiations

Debate between David Davis and Iain Duncan Smith

Monday 13th November 2017 Commons Chamber

[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.

--- Later in debate ---

[Mr Davis]

I am afraid I did not hear—

[Mr Duncan Smith]

It was very good—very good.

[Mr Davis]

I am sure it was a brilliant exposition, but I did not hear it.

European Union (Withdrawal) Bill

Debate between David Davis and Iain Duncan Smith

Thursday 7th September 2017 Commons Chamber

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I will endeavour to be brief. In rising to support the Bill in principle and in many cases in fact, I also offer my support to my right hon. Friend the Member for Haltemprice and Howden (Mr Davis). He remembers that in the lead-up to the Maastricht debate, we had quite a long Second Reading.

[Mr David Davis]

I organised that.

[Mr Duncan Smith]

Exactly. I wonder whether, through my right hon. Friend’s good offices, the powers that be might make it possible to have a further extension on Monday to give more Back-Benchers an opportunity to speak. I say that because I remember the Maastricht debates, where we went through the night on the first day and ended the second day at 10 o’clock. Everyone got to speak—as many people wanted to speak then as now—and there was no time limit, as I recall, Mr Speaker, although I make no criticism of your imposing a time limit on me, as I am sure I will manage to fit within it. I just gently urge that there might be some scope for such an extension, even by Monday.

I support the Bill because it is clearly necessary. Let us start from the simple principle of how necessary it is. We have to get all that European law and regulation and so on transposed into UK law so that it is applicable, actionable and properly justiciable in UK law, and that requires a huge amount of action. There are very many pages of laws. I was looking at them the other day and I said, “If we were to vote on everything in that, we would have to have something in the order of 20,000 different votes.” There is no way on earth that that can possibly happen.

I listened with great care to the arguments of the right hon. and learned Member for Holborn and St Pancras (Keir Starmer). I thought he made a very well-balanced speech and made his case for the need for change within the Bill rather well, but I would argue that the Labour party’s position does not fit with his speech. I go back to Maastricht, when John Smith led the Labour party. Because he was a strong believer in the European Union, the Labour party voted to support the legislation, but it then acted separately in Committee, where it opposed elements of the legislation that it did not agree with or thought needed changing. That is the position that the Labour party should adopt.

In other words, the reasoned way that the Labour party should behave is to reserve its position on Second Reading and then, subject to whatever changes it thinks necessary in Committee to the detail of the Bill, make a decision about what to do on Third Reading. To vote against the principle of the Bill is to vote against the idea that it is necessary to make changes to European law in order to transpose it into UK law. That is the absurdity that the Opposition have got into.

I know what it is like; we have been in opposition. There is a temptation to say behind the scenes, “I tell you what: we could cause a little bit of mayhem in the Government ranks by trying to attract some of their colleagues over to vote with us against Second Reading.” Fine—they fell for that, but the British public will look at this debate in due course and recognise that the Labour party ultimately is not fit for government.

In a sense, the detail of the Bill is not the issue; it becomes the issue once we have got through Second Reading. I accept and recognise that the Government have talked about possibly making major changes to the Bill. I observe that we are therefore not in disagreement about the need for the Bill. That is why the House should support the Bill’s passage, but there may be elements in it that need some change.

I note also that paragraph 48 of the report by the Select Committee on the Constitution, published this morning, which the right hon. and learned Member mentioned, states:

“We accept that the Government will require some Henry VIII powers in order to amend primary legislation to facilitate the UK’s withdrawal from the European Union”.

However, the report goes on to say that there also need to be

“commensurate safeguards and levels of scrutiny”.

So the debate is not about the need—

EU Exit Negotiations

Debate between David Davis and Iain Duncan Smith

Tuesday 5th September 2017 Commons Chamber

[Mr Davis]

First, on flexibility, I have just mentioned areas that matter to individuals, such as guaranteeing their pensions, guaranteeing their healthcare and so on, and those areas did involve some flexibility on the part of the British negotiating team, which did a very good job.

On notification, I chaired a number of JMC meetings—I do not do it anymore, as the JMC is now chaired by the First Secretary of State—to keep the devolved Administrations up to speed. Indeed, yesterday I briefed in detail Mike Russell of the Scottish Government and Mark Drakeford of the Welsh Administration. Obviously, at the moment I have a bit of difficulty briefing the Northern Ireland Executive, because they do not exist yet. But the hon. Gentleman can take it as read that the concerns of the devolved Administrations have been taken on board very squarely and will continue to be so in the course of the ongoing negotiation.

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I urge my right hon. Friend not to accept the advice of the Opposition party, which only six weeks ago was in favour of leaving the customs union and the single market, only to reverse that position today; he should stay steady on the course of the Government. On transition and implementation deals, over which the Opposition have got very excited, may I remind him of one simple fact: you cannot have any discussion about transition or implementation until you know what you are transitioning to? Thus the agreement over what we get with the European Union comes before any discussion about transition deals.

[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.