EU Exit Negotiations

Debate between David Davis and Stephen Doughty

Tuesday 5th December 2017 Commons Chamber

[Mr Davis]

I think that that has been apparent for some time.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

Does the Secretary of State think that it furthers the cause of the Union to refer to the actions of the First Ministers of Wales and of Scotland as “foolish”, as he did a moment ago? They are not foolish. When it comes to the single market and the customs union, they are absolutely right.

[Mr Davis]

Perhaps the hon. Gentleman wants to give advice to them about how they describe other people.

Oral Answers to Questions

Debate between David Davis and Stephen Doughty

Thursday 2nd November 2017 Commons Chamber

[Mr David Davis]

There are no such records. As for helpful or a hindrance, let us say that it adds to the gaiety of nations.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

T9. The Secretary of State will be aware that a series of amendments have been tabled to the Bill to protect the place of Scotland and Wales in the constitutional settlement as it stands. Has he had any representations from the Scottish or Welsh Conservative leaders about areas in the Bill that need to be changed to protect the place of Scotland and Wales?

[Mr Davis]

We are in constant discussion with the Conservatives in both Scotland and Wales over their future after Brexit, and they have been very active.

Leaving the EU: Parliamentary Vote

Debate between David Davis and Stephen Doughty

Thursday 26th October 2017 Commons Chamber

[Mr Davis]

Yes. My task is to respect that vote because, as my hon. Friend said, it is the biggest mandate given to a modern Government. It is also my task to deliver the best deal possible—which means a deal, not no deal—respecting that vote.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

The wording of amendment 7 to the European Union (Withdrawal) Bill is clear. It would require

“the prior enactment of a statute by Parliament approving the final terms of withdrawal of the United Kingdom from the European Union.”

Surely that should be of concern to us all across the House, whatever form of Brexit we want and whatever size of divorce bill we think is acceptable. It is a simple matter about Parliament having the right to have its say, and guaranteeing that on the face of the Bill. Will the Secretary of State agree to accept amendment 7 or table a very similar Government amendment—yes or no?

[Mr Davis]

I am not here to preview the Committee stage of the Bill, but let me say this to the hon. Gentleman. I take very seriously the views of the House in this matter, and I expect that there will be any number of votes—I have just referred to the Constitutional Reform and Governance Act as one element of that, but it will not be the only one—which will give the House very strong influence on the outcome of this negotiation.

European Union (Withdrawal) Bill

Debate between David Davis and Stephen Doughty

Thursday 7th September 2017 Commons Chamber

[Mr Davis]

I will give way to both right hon. Gentlemen in a few minutes.

Following this, it will be for United Kingdom legislators to pass laws, and for the United Kingdom courts to adjudicate those laws.

The Bill enables us to leave the European Union in the smoothest and most orderly way possible. It is the most significant piece of legislation to be considered by this House for some time, and it will rightly be scrutinised clause by clause, line by line on the Floor of the House.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

rose—

[Stephen Timms]

rose—

--- Later in debate ---

[Mr Davis]

If my right hon. and learned Friend will forgive me, I will not for the moment.

Let me now talk the House through the Bill’s main provisions. The first clause repeals the European Communities Act on the day we leave the European Union, ending the supremacy of EU law in the UK and preventing new EU law from automatically flowing into UK law after that point. When the then Prime Minister Harold Wilson led the debate here in May 1967 on the question of the United Kingdom’s entry into the European Communities, he said:

“It is important to realise that Community law is mainly concerned with industrial and commercial activities, with corporate bodies rather than private individuals. By far the greater part of our domestic law would remain unchanged after entry.”—[Official Report, 8 May 1967; Vol. 746, c. 1088.]

I think the passage of time has shown that he was mistaken. European Union law touches on all aspects of our lives, in a far wider way than the drafters of the European Communities Act could have envisaged. That means the Bill we have before us today has a difficult task: it must rebuild United Kingdom law in a way that makes sense outside the European Union.

[Stephen Doughty]

Will the Secretary of State give way on that point?

[Mr Davis]

In a moment.

To do that, the first step the Bill takes is to preserve all the domestic law we have made to implement our EU obligations. That mainly means preserving thousands of statutory instruments that have been made under the European Communities Act, with subjects ranging from aeroplane noise to zoo licensing. It also extends to preserving any other domestic law that fulfils our European Union obligations or otherwise relates to the European Union.

Equally, the Bill converts European Union law—principally EU regulations, all 12,000 of them—into domestic law on exit day. It also ensures that rights in the EU treaties that are directly effective—that is, rights that are sufficiently clear, precise and unconditional that they can be relied on in court by an individual—continue to be available in UK law.

I have no doubt that there is much about EU law that could be improved, and I know that this Parliament will, over time, look to improve it. [Interruption.] Including the hon. Member for Caerphilly (Wayne David), who laughed just then. But that is not the purpose of this Bill. It simply brings European Union law into UK law, ensuring that, wherever possible, the rules and laws are the same after exit as before.

Just as important as the text of EU law is the interpretation of that law.

--- Later in debate ---

[Yvette Cooper]

rose—

[Stephen Doughty]

rose—

[Mr Davis]

I will make this point and then give way. Future decisions of the Court of Justice will not bind our courts, but our courts will have discretion to have regard to such decisions if they consider it relevant and appropriate to do so, in just the same way that our courts might at the moment refer to cases in other common law jurisdictions such as Australia and Canada. I give way to the hon. Member for Cardiff South and Penarth (Stephen Doughty), who has been patient.

[Stephen Doughty]

Given the scale of the task that the Secretary of State is setting out in his introduction to the Bill, and the huge impact that our relationship with the EU has on every aspect of our lives—our economy, our workers’ rights, our environmental rights, and our security and law relationships—can he explain why we are only getting eight days to discuss the Bill in Committee when the Bill that took us into Europe had 22 and the Maastricht treaty had 20?

[Mr Davis]

The first thing I would say is that eight days is quite a long time for this sort of thing. Perhaps the most relevant comparison is with the Lisbon treaty, which recreated—[Interruption.] Yes, it is, because it recreated the European law on a major basis. This Bill does not do that. It does not aim to change law, with a tiny exception that I will come back to; it aims to maintain the laws that we currently have—it is primarily technical in that respect. If the hon. Gentleman sees it as being any different, then I will give way to him again.

EU Exit Negotiations

Debate between David Davis and Stephen Doughty

Tuesday 5th September 2017 Commons Chamber

[Mr Davis]

One point that I think is sometimes confused is the idea that a transitional or implementation period means an extension of the negotiations. We need, essentially, to have arrived at a decision by the end of March 2019, but the simple truth is that the article 50 process stops it there. That is it; that is where it goes to. So even if I did not give the promise, it would happen.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

The Secretary of State did not answer the question from my hon. Friend the Member for Nottingham East (Mr Leslie) regarding the money resolution and the Ways and Means motion that he is expecting the House to vote on next Monday. Will he confirm categorically that the motions will give him and other Ministers the power to cut whatever deal they like on the divorce bill without any further reference to this House in a separate, distinguishable vote?

[Mr Davis]

I have to say to the hon. Gentleman, first, that that is not in the Bill—I have taken advice, and I am correct on that—and secondly, that there is, because the Government have agreed it, a decision to allow a vote in both Houses on the whole deal.

Brexit and Foreign Affairs

Debate between David Davis and Stephen Doughty

Monday 26th June 2017 Commons Chamber

[Graham Stringer (Blackley and Broughton) (Lab)]

Will the Secretary of State give way?

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

Will the Secretary of State give way?

[Mr Davis]

Not for the moment. I will make some progress, and then give way again. I must be fairly disciplined about giving way, because we have a very tight timetable.

After exiting the European Union, Britain will still be a country that steps up to its role as a world leader, and that means continuing to help to protect and secure our wider European continent. We want to deepen co-operation with other European states, and to bring European Union policy into a wider global framework. As we have said, we seek a deep and special partnership with the European Union: one that reflects our shared values and history, one that works for all parts of the United Kingdom, our overseas territories and Crown dependencies, and one that delivers for the special circumstances relating to the border between Northern Ireland and the Republic of Ireland, because no one wants to see a return to the hard border. It should be a partnership like no other. It should be underpinned by ambitious agreements on free trade and customs, covering goods and services and seeking the greatest possible tariff and barrier-free trade.

--- Later in debate ---

[Tom Brake (Carshalton and Wallington) (LD)]

rose—

[Stephen Doughty]

Will the Secretary of State give way, on that point?

[Mr Davis]

On that point, I will give way to the hon. Member for Cardiff South and Penarth (Stephen Doughty).

[Stephen Doughty]

At the weekend, the Secretary of State said that he was “pretty sure” that he would get the sort of trading deal that he wants. Does he think that language of that sort provides the assurances that our businesses and our economy need?

[Mr Davis]

The question that was put to me was whether I was 100% sure. The first thing that one ought to learn in this business is to be honest about such matters. I do not think that saying at the beginning of a negotiation that one is 100% sure of exactly what the outcome will be would give confidence to anyone. It certainly would not give confidence to me, even if it was said by the hon. Gentleman.