Oral Answers to Questions

Debate between David Davis and Patrick Grady

Thursday 15th March 2018 Commons Chamber

[Mr Davis]

I could be just as pithy as my right hon. Friend and say yes.

[Patrick Grady]

Does the right hon. Gentleman foresee a scenario in which the deal negotiated is so mind-bogglingly positive that all the other European Union states want that kind of relationship as well, and the European Union itself implodes? Or does he accept that membership is the best possible relationship we can have with the European Union, so any new settlement will be disadvantageous compared with what we have now?

[Mr Davis]

Those who made a decision on the last part of the hon. Gentleman’s question were the British people—17.5 million of them—and they decided that that was not the case. Let me respond to the first part of his question, however, because he does have a serious point. Certainly in the institutions of the European Union, and in some member states, there are concerns that if we are too successful that will be tempting to others. I do not believe that that is a real fear, because we have unique circumstances—the English language, our historic traditions, our world network, our island status, our law—that other countries do not have. That is no fault of their own; they just do not have those advantages. That is what will allow us to make the best of this situation.

Oral Answers to Questions

Debate between David Davis and Patrick Grady

Thursday 14th December 2017 Commons Chamber

[Mr Davis]

I think it is unlikely that they will continue beyond the period of departure in March 2019. That is something that we have accepted from the beginning.

[Patrick Grady (Glasgow North) (SNP)]

How will the implementation period affect the devolved institutions, and will the powers bonanza promised by the Secretary of State for Scotland be devolved before, during or after an implementation period?

European Union (Withdrawal) Bill

Debate between David Davis and Patrick Grady

Thursday 7th September 2017 Commons Chamber

[Mr Davis]

I want to move on to another subject, if I may, which is the subject of devolution. This relates directly to some of the things Opposition Members have been saying, so let me now deal with the Bill’s approach to devolution.

As I have set out, the overall approach of this Bill is to provide for continuity wherever possible at the point of exit, not to seek to initiate reforms immediately. That is the approach that guides the devolution provisions as well. Let me be clear: this Government have a strong track record on devolution. Our commitment to strengthening devolution settlements is clear from the statute book—most recently, the Wales Act 2017 and the Scotland Act 2016. If I remember correctly, the Scotland Act gave tax-raising powers of about £12 billion to the Scottish Parliament, which is not such a small thing. Leaving the European Union allows us to make sure that decision making sits closer to the people than ever before, and we expect a significant increase in the decision-making power of the devolved institutions.

The current devolution settlements have always created common frameworks within the United Kingdom by reflecting the context of the UK’s EU membership, so in areas subject to European Union law all parts of the United Kingdom currently follow common rules and principles, even where matters are otherwise devolved. For example, England, Wales, Scotland and Northern Ireland each pass their own laws relating to food policy, but each nation has to ensure it complies with European Union rules on food hygiene.

When we leave the European Union, it is not in the interests of people and businesses—those living and working across the UK—for all those arrangements to disappear, or for there to be new barriers to living and doing business in our own country. The Bill therefore provides certainty and continuity for people across the UK by recreating in UK law the common frameworks currently provided by EU law, and providing that the devolved institutions cannot generally modify them.

The Bill also ensures that every decision that the devolved Administrations and legislatures could take before exit day, they can still take after exit day. This is a transitional arrangement. It is an arrangement that ensures certainty and continuity while the United Kingdom undertakes negotiations with the European Union on its future relationship and the UK Government and devolved Administrations discuss precisely where we need to retain common frameworks in the UK in the future.

[Patrick Grady (Glasgow North) (SNP)]

What the right hon. Gentleman is therefore describing is not devolution but reserving powers to this Parliament. It is a fundamental breach of the principles of the original Scotland Act. Will he tell us whether any statutory instruments affecting the devolved Administrations that go through this House as a result of the Bill will be subject to legislative consent in those institutions?

[Mr Davis]

I have said already that we will put our overall negotiation through legislative consent motions; I have made that point previously. Let us come back to the core of the argument. The argument being put is that everything that belongs to the European Union now belongs to the devolved Administrations, but that clearly does not work, as I will come on to say in a minute.

The common frameworks will be important as they will enable us to manage shared resources such as the sea, rivers and the air, and they will enable the continued functioning of the UK’s internal market. They will allow us to strike ambitious trade deals, administer and provide access to justice in cases with a cross-border element and enter into new international treaties, including on our future relationship with the European Union.