European Union (Withdrawal) Bill

Debate between David Davis and Stephen Gethins

Tuesday 12th June 2018 Commons Chamber

[Mr Davis]

I will give way in a moment.

The Government have also made provisions to allow the vote to happen in this House before the European Parliament votes on the deal, as long as it is practical. This follows the spirit of the Lords amendment, but our proposal has some significant differences. First, we have attached a deadline to the Lords’ consideration of a motion on the final deal. It is not right that the Lords could have a veto on the deal simply by filibustering or refusing to consider the motion. Anyone who suggests that this is unlikely should consider that it was a concern raised by their lordships’ themselves in debate.

[Stephen Gethins (North East Fife) (SNP)]

Will the right hon. Gentleman give way?

[Mr Davis]

Not for the moment, no.

Secondly, we have removed Parliament’s power to give binding negotiating directions to the Government. As I have said, this would represent a profound constitutional shift in terms of which branch of the state holds the right to act in the international sphere. I turn again to Vernon Bogdanor, who said:

“Parliament’s role is to scrutinise legislation and policy; 650 MPs, still less 800 peers, cannot themselves negotiate.”

Oral Answers to Questions

Debate between David Davis and Stephen Gethins

Thursday 3rd May 2018 Commons Chamber

[Mr Davis]

The hon. Lady clearly memorised her question before she heard my answer. A huge amount of incredibly important work is under way, most notably on Northern Ireland. I would not reduce that to a parody.

[Stephen Gethins]

The Secretary of State will be aware that universities in the UK punch well above their weight in terms of research funding, not least the universities of Dundee and St Andrews. Given that universities across Europe are planning for the next framework programme, what plans has he to ensure that those in the UK will have access to the same levels of funding on 1 January 2021?

[Mr Davis]

The Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Worcester (Mr Walker), has visited Dundee and is very much across that issue. We have given undertakings in relation to guaranteeing the funding of the universities, but if the hon. Gentleman is interested, he can certainly discuss this with me explicitly, so that we can deal directly with the issue of the universities in his constituency.

Oral Answers to Questions

Debate between David Davis and Stephen Gethins

Thursday 15th March 2018 Commons Chamber

[Stephen Gethins (North East Fife) (SNP)]

5. What recent progress he has made in negotiations on the UK leaving the EU.

[The Secretary of State for Exiting the European Union (Mr David Davis)]

Before I answer, may I take this opportunity to express my condolences to the family of Warren Hawksley, an erstwhile colleague of ours? He was a Maastricht rebel and a great friend of mine; he was very highly principled and very energetic—sometimes too energetic—in pursuit of his views, but, as I say, I express my condolences to his family.

Our immediate goal is to agree a strictly time-limited implementation period by the March European Council next week. This is crucial to helping us build a bridge from where we are to where we want to be on our exit. We have also been working hard to codify the joint report into legal text. We are confident that both of these aims are within reach. Finally, the March European Council is expected to issue the negotiating guidelines to the Commission to negotiate the future partnership. We are seeking to ensure that those guidelines are as broad and open as possible to allow the most constructive negotiation to deliver the close relationship we are aiming for.

--- Later in debate ---

[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.

[Stephen Gethins]

I am aware that some in the right hon. Gentleman’s party have accused others in that party of fantasy politics. Does he believe that any transition period can be based on World Trade Organisation principles?

[Mr Davis]

It is fascinating to have a lecture from the SNP on fantasy politics. We are proposing a transition period based on existing arrangements and rules, so that the British people and companies—and, indeed, European people and companies—have only one transition to make.

European Union (Withdrawal) Bill

Debate between David Davis and Stephen Gethins

Thursday 7th September 2017 Commons Chamber

[Mr Davis]

I will not give way for the moment.

For example, the common frameworks will mean that a business in Wales knows that it needs to comply only with one set of rules on food labelling and safety to sell to the rest of the United Kingdom, or that a farmer in Scotland is able to sell her livestock in other parts of Great Britain, safe in the knowledge that the same animal health rules apply across that geographical area. Certainty on common approaches will be critical for the day-to-day life of people in the United Kingdom on the day we exit the European Union and on into the future.

[Stephen Gethins (North East Fife) (SNP)]

If this is a smooth transition, I am not sure how much worse it is going to get. On the points that the Secretary of State is raising—he is making a very good case for the European Union—I do not see in the Bill any reference to the immigration powers that Scotland was promised during the referendum process. Will he explain?

[Mr Davis]

I do not remember any such promise. When I was going through the list of practical things that apply to the citizens that SNP Members are supposed to represent, what did we hear? Wow! They do not care; what they are interested in is devolution and political power for themselves, not the interests of their own constituents.

Just as important are the areas where we do not need to keep common approaches in the future. We do not expect that we will need to maintain a framework in every single area the EU has mandated. We can ensure that our common approaches are better suited to the UK and our devolution settlements. The Bill therefore provides a mechanism to release policy areas where no frameworks are needed.

Oral Answers to Questions

Debate between David Davis and Stephen Gethins

Thursday 27th April 2017 Commons Chamber

[Mr Davis]

The short answer is no. The more elaborate answer is that employment rights in this country are better than the European Union minimum across the board. That is true of the average number of mandatory annual holidays and maternity rights, to give just two examples. I am afraid that we do not have an awful lot to learn from the European Union in that respect.

[Stephen Gethins (North East Fife) (SNP)]

After these questions, we go into a general election that, as the EU has already said, will make very little difference to its negotiations. It has a lot more to do with exploiting a civil war on the Labour Benches and preventing yet another civil war on the Tory Benches. In terms of workers’ rights, what about those who are currently in work? This week, Diageo announced that there could be 100 job losses in Scotland, with 70 in Leven. The union has described the company as

“hedging their bets over Brexit”

and the Government have been asleep at the wheel. Now, regarding the workers—

[Stephen Gethins]

Well, I think the issue of job losses is very important. Will job losses be a priority?

[Mr Davis]

I suppose if there is one thing I should take lectures from the Scottish National party on, it is promoting civil conflict. If the hon. Gentleman’s question is whether our priority is the promotion of the economy, the answer is yes.

[Stephen Gethins]

The reason that the SNP is outpolling the Tories so highly is that we are united in getting behind workers’ rights and getting a decent deal in Europe. The Secretary of State has put aside these negotiations for narrow political benefit, which he will not have in Scotland. What is he going to do about these threats to jobs?

[Mr Davis]

We will seek the best possible deal to maintain our relationship with the European Union. Over and above that, we will seek the best possible deal with the rest of the world, which already gets 60% of our exports.

Legislating for UK Withdrawal from the EU

Debate between David Davis and Stephen Gethins

Thursday 30th March 2017 Commons Chamber

[Mr Davis]

I thank my hon. Friend for those comments and for his work in this area over the years. Some of the ideas in this policy area have come from his past writings, so he is right. I make the point that although people complain about secondary legislation, nearly 8,000 statutory instruments were used to implement European law under section 2(2) of the European Communities Act 1972, so that attack is a little hypocritical. I thank my hon. Friend for his comments and commend him for his work in the past.

[Stephen Gethins (North East Fife) (SNP)]

Scottish National party Members think that the triggering of article 50 made yesterday a sad day for everybody in Europe, including everyone in these islands. The EU has for years brought us peace, stability, security and prosperity. We are turning the clock back 40 years, and I am glad that the Minister reminded his own Front Benchers that devolution exists now in a way that it did not 40 years ago.

It has been suggested that the Government are looking at using Henry VIII clauses to take this through—so much for parliamentary sovereignty. Scotland’s aspiration to have a voice also seems to have been given the Henry VIII treatment; a rough wooing is clearly taking place. Will the Secretary of State tell us when legislative consent motions will be required, where responsibility

“will flow from Brussels to Edinburgh, hardly touching the sides…on the way”,

and who he means by the “democratically-elected representatives” mentioned in paragraph 4.2 of the White Paper? It strikes me that the Government have pushed the big red button marked “Brexit” with their fingers crossed and very little idea of what comes next.

[Mr Davis]

The hon. Gentleman loves his Henry VIII clauses—he thinks the public at large will believe this is some Executive fiat dating from the middle ages—but we are of course talking about a procedure that has been used throughout the past century and over which this House has complete control. That is the first point.

The second point is that I have been in Joint Ministerial Committee meetings with the hon. Gentleman’s colleague from the Scottish Government and representatives of the other devolved Administrations during the past six months or more. I have raised these issues there, as well as bilaterally, and I have said that we will have serious discussions about them. My preference is for more devolution, rather than less—that is my simple viewpoint—but the restraint on that is when there is a direct effect on the interests of the whole United Kingdom. Those interests include: the United Kingdom market, because it would be very bad for Scottish farmers and producers if the United Kingdom market became separated from them; issues of national security, which we need to deal with; issues of international negotiation; and observing international obligations, such as under environmental law. There are therefore plenty of areas in which it is clear that we need a UK-wide framework. That is the sort of criterion we will apply, and we will discuss it with the devolved Administrations at every stage.

Oral Answers to Questions

Debate between David Davis and Stephen Gethins

Thursday 9th March 2017 Commons Chamber

[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.

[Stephen Gethins (North East Fife) (SNP)]

In terms of powers for the Scottish Parliament, the people of Scotland were promised a week before the vote that Scotland would decide its own immigration policy in the event of Brexit. Next week we have a crucial vote on EU nationals—we have another opportunity. If this Government will not use their powers to give EU nationals the certainty they require, will they give those powers to the Scottish Parliament?

[Mr Davis]

Again, we are talking about aims, ends and means. On the Joint Ministerial Committee, the Scottish Government have raised the very important issue of the immigration needs of Scotland. I have relayed their questions to the Home Secretary and I expect that when we come to a UK immigration policy, it will reflect the needs of every part of the United Kingdom.

[Stephen Gethins]

I look forward to having the Secretary of State’s support for his leave campaign’s promises on immigration power being given to Scotland. As part of that and on the issue of EU nationals, will he consider the 2012 European Court of Justice judgment in the case of Zambrano v. Office national de l’emploi, which gave EU nationals with primary caring responsibilities the right to reside in the member state of which their dependent child or adult is a national?

[Mr Davis]

I am not familiar with the individual case the hon. Gentleman raises. I will look at it in detail and come back to him, as is my normal approach. I say this, however: the European Court of Justice will not rule over the United Kingdom after the date of Brexit. That does not mean that we will not have a very humane, sensible and straightforward policy with respect to things such as family relationships, which the hon. Gentleman talks about.

Exiting the EU: New Partnership

Debate between David Davis and Stephen Gethins

Thursday 2nd February 2017 Commons Chamber

[Mr Davis]

My hon. Friend has led on this issue for about 30 years and has always had an honourable, straightforward and insightful view of the European Union. We have said that we are going to be a full member until the moment we leave, and that means being a responsible member. We will exercise our influence over what we think is the best interest of the European Union until the moment we leave, because we want the European Union to be strong, stable and effective. In these times of difficult international relations, we need the EU as an anchor, and that is the policy that we will pursue.

[Stephen Gethins (North East Fife) (SNP)]

I thank the Secretary of State for his statement. He is not a man of few words, but he is perhaps a man of few meaningful words. This is just another panicked U-turn. When it comes to European matters, it is not much of an achievement to be the second most chaotic party in the Chamber. The Government have had seven months in which to pull this together, yet we got the White Paper only a minute before the Secretary of State got to his feet to make his statement. I concede that he is more experienced than I am, but it is striking that we are getting the White Paper after Second Reading of the European Union (Notification of Withdrawal) Bill and two sitting days before its Committee stage. How are we to question him about the White Paper when we are given it just before he gets to his feet? I believe that that shows an astonishing disrespect for Parliament. He would not have put up with this were he not on the Government Front Bench.

What are the Government afraid of? They do not want to give us any opportunity for scrutiny, so there must be something they are afraid of. They do not have the courage of their convictions. Scotland voted to remain as the blue in the red, white and blue Brexit, so are the civil servants having to pull together all these last-minute policy changes? The Secretary of State said in his statement that the devolved legislatures would face “significant changes”. Does that mean that a legislative consent motion will now be required? This is a mess; it is a bourach. It is going to have an impact on each and every one of us, and people deserve better.

[Mr Davis]

The hon. Gentleman says that this has taken seven months, but we have been in the European Union for 40 years. This is about reversing—well, not reversing but amending—and dealing with 40 years’ accumulated policy and law. He mentioned Second Reading, but that Bill will trigger the process. It does no more than to put into effect the people’s decision of 23 June last year, so I cannot see how he thinks the publication of the White Paper after Second Reading is problematic. There will be any number of occurrences in this House when the 50-odd Scottish National party Members will have a chance to hold the Government to account, to make their views known on policy, and to put forward the interests of Scotland, whether during the passage of the great repeal Bill or that of the other primary and secondary legislation that will follow on from it. I do not think he can complain about an absence of democracy in this respect.

Oral Answers to Questions

Debate between David Davis and Stephen Gethins

Thursday 26th January 2017 Commons Chamber

[Mr Davis]

Of course, the decision to publish the White Paper was a decision solely of the Prime Minister, but it is nice to be able to agree with myself from six months ago. On the timing, the Prime Minister said yesterday that it would be published in due course. We will be as expeditious as we can, but it takes time. My right hon. Friend has been in government, and she knows that there is a procedure for these things and it takes time, but we will not waste time in producing it for the House.

[Stephen Gethins (North East Fife) (SNP)]

I hope that the Secretary of State gets his voice back because he will need it over the next couple of weeks. Does he think that we should be able to see the White Paper before we consider legislation?

[Mr Davis]

With respect to the hon. Gentleman, those are slightly separate issues. There will be lots of legislation. I assume—I will look at him to see whether he nods—that he is referring to the article 50 legislation.

[Stephen Gethins]

indicated assent.

[Mr Davis]

He is. The article 50 legislation is about carrying out the will of the British people—the decision was taken on 23 June. There will be much more legislation after that, which will relate to policy and the maintenance of European law. There will be the great repeal Bill, but also other new primary legislation arising from all that. The White Paper will certainly be before all that and, as I said, I will be as expeditious as possible.

[Stephen Gethins]

Mr Speaker, you will be aware of how helpful the House of Commons website is. It says:

“White Papers are policy documents produced by the Government that set out their proposals for future legislation.”

Given that article 50 is a significant piece of legislation and this House deserves to scrutinise it, will the Secretary of State commit to publishing the White Paper before the Committee stage—I will give him next week, but before the Committee stage?

[Mr Davis]

As I said, we will be as expeditious as we can. However, I reiterate that article 50 legislation is about putting in place only the beginning of the procedure that was decided by the British people last year. That is not really conditional on the other policy aspects of this but, as I said, I will be as expeditious as I can.

Article 50

Debate between David Davis and Stephen Gethins

Tuesday 24th January 2017 Commons Chamber

[Mr Davis]

My right hon. and learned Friend and I have been skirmishing over this issue for, I think, some 30 years, always with good humour, and I hope to respond to him in the same vein today. He repeated on television earlier today that characterisation of what the Government are proposing, so let us look at it. As I said, we have already had 10 debates and vast numbers of other arguments, but this is what is going to happen: first, we will have a Bill to authorise the triggering of article 50; then we will have a great repeal Bill whereby we go through the entire corpus of European law as it applies to the United Kingdom, which I should think will go on for a considerable amount of time; and then we will have primary legislation on major policy changes and secondary legislation, all put before both Houses. There will not be just one vote. At the end of the process, we will have the vote that eventually decides whether or not the House supports the policy we propose. Let me make it plain: that policy will be aimed solely at advancing the interest of the United Kingdom—getting the best possible negotiated outcome that we can achieve, having taken on board the informing debate of this House of Commons throughout the entire two years running up to it.

[Stephen Gethins (North East Fife) (SNP)]

First, I welcome the judgment and anything that strengthens parliamentary scrutiny of this process. There was a time, back in the dim and distant past, when the Secretary of State was a great champion of parliamentary scrutiny, so I am sure that, deep down inside, he welcomes the judgment as well.

I wonder why the Government fear parliamentary scrutiny. Is it because they might be found out? Is it because we will find out that the emperor in these circumstances has no clothes? They talk of democracy, but I gently remind the Secretary of State that in Scotland at the general election, the Conservatives got their worst result since 1865. They have one MP.

We are told today that this is a political decision, and as a political decision on the role of the devolved Administrations I hope that this Parliament and this Government will continue not to legislate on areas that are the responsibility of the Scottish Parliament without its consent. Today’s judgment said that this process should enhance devolution. If that is the case, will the Secretary of State tell us today that no powers will be returned from the Scottish Parliament to Westminster during the course of this process, and will he seek consent from the Scottish Parliament before legislating in areas over which it has responsibility?

[Mr Davis]

Again, I am surprised. I would have thought that, of all people, the Scottish National party attached great importance to the results of elections to the Scottish Parliament, in which last time the Scottish Conservative party came second under the estimable Ruth Davidson.

To the main point of the hon. Gentleman’s question, I want to make two responses. First, the process we have gone through with all the devolved Administrations—the joint ministerial process—has been going on for some months now, and at the very last monthly meeting we had a presentation from Mike Russell, the Scottish Government Minister, on the Scottish Government’s proposals. We disagreed with some and agreed with some absolutely—for example on the protection of employment law—and some we will debate in the coming weeks and months, most particularly on the point the hon. Gentleman raised: the question of devolution and devolved powers.

The hon. Gentleman knows that I am a devolutionist. I can say to him firmly that no powers existing in the devolved Administrations will come back, but there will be powers coming from the European Union and we will have to decide where they most properly land, whether that is Westminster, Holyrood or wherever. The real issue there is the practical interests of all the nations of the United Kingdom—for example, preserving the single market of the United Kingdom and the United Kingdom’s ability to do international deals. There is a series of matters that are just as important to the ordinary Scot as they are to the ordinary English, Welsh or Northern Irish citizen, and that is what we will protect.

The Government's Plan for Brexit

Debate between David Davis and Stephen Gethins

Wednesday 7th December 2016 Commons Chamber

[Stephen Gethins (North East Fife) (SNP)]

I thank the shadow Secretary of State for his speech and for giving us the opportunity to debate this subject today. As we have said, we are keen to continue to work with him and his colleagues, and indeed with Members from across the House, where that is possible. We appreciate the remarks that he made about devolved Administrations, but, given where we are and given the Government’s comments, that is not enough for us, and neither is what has been set out.

It is 167 days—almost six months—since the referendum. We have 113 days to go until the 31 March deadline that the Government have set themselves, so we are almost two thirds of the way there. To talk about a glacial pace of progress might be something of an overstatement. So far, the Government have told us nothing. We have been told about soft Brexit, hard Brexit, grey Brexit, and, earlier today, a red, white and blue Brexit. Perhaps we will be getting a continental Brexit, to keep our European partners on side, or even a deep-fried Brexit. We are not entirely sure. Given the timetable, it will not be a Christmassy Brexit for whoever is trying to plug the gaps in the Government’s plans.

There has been an impact, and a significant number of questions remain unanswered. They are not just questions that float out there; they go to the very heart of the Government’s negotiating position. What exactly are the Government telling their negotiating partners, if anything? Are the Government telling them that the single market is important and that we need to maintain membership of it? Have the Government listened to their Scottish leader, who said of the single market that

“the over-riding priority is to retain access to it”?

Do the Government agree with her on that? What about the rights of EU nationals? European nationals call this country their home. They call Scotland, England, Wales and Northern Ireland their home, and I hope that they will continue to do so. What a huge contribution they have made and continue to make. They deserve better than this continued uncertainty.

We all benefit from freedom of movement, and I hope that we will all continue to benefit from it. A large number of our industries also benefit from it, not least the food and drink industry. Scotland has suffered over the years from emigration; we have benefited more than most from freedom of movement, as I know the Secretary of State is well aware. We want to keep it. It benefits us and it will continue to benefit us. It benefits us not only financially but culturally, by enriching our communities and bringing in the people who enrich our society.

[Mr David Davis]

The hon. Gentleman and I do not differ on many of these points, but allowing people access to any part of the United Kingdom, and access to work in particular, is not achieved only by an absolute rule on freedom of movement. Control of our borders by our Government would presumably be operated in the UK national interest. Why does he expect that to punish Scotland? It would not do so.

[Stephen Gethins]

The Secretary of State makes the point. Why not give Scotland—it needs the powers—some of the responsibility for immigration?

On that very point, the Vote Leave campaign, of which the Secretary of State was a member—a full and active member—did not promise much. It is good to see that the right hon. Member for Surrey Heath (Michael Gove) is in his place, for was it not he who said that Scotland could have control over immigration if we voted to leave the European Union? I would be delighted to hear about their plans when the Under-Secretary winds up.

Oral Answers to Questions

Debate between David Davis and Stephen Gethins

Thursday 1st December 2016 Commons Chamber

[Mr Davis]

Of course I will consider anything my right hon. Friend comes forward with in this area; I know it is a matter of great importance to him. Let me say this: “Brexit means Brexit”, an interesting phrase at the beginning of this exercise, is a long way short of what we have already said, which is that we are aiming to achieve the maximum possible free access to the market and that we need to respect all the implications of the referendum. In between those things, in an important area that nobody seems to talk about, justice and home affairs, we have made it very clear that we want, as far as is possible, to replicate what we already have. We have had a great deal of parliamentary discussion about this matter already and we are going to have a great deal more between now and the triggering of article 50, including the appearance before the Select Committee and so on. So he can expect to know a very great deal about this at the time we get there. I made one particular undertaking at the first Select Committee I attended, the Lords one, which was that this House would be kept at least as well informed as the European Parliament.

[Stephen Gethins (North East Fife) (SNP)]

It could be argued that we have made some progress on what the Government’s plans are this week. Once the Secretary of State gets round to moving on from scribbled notes to typed-up notes, will he pass them to the House? Will he tell us whether he briefed the Foreign Secretary before his latest trip, and is freedom of movement still a priority for this Government?

[Mr Davis]

Let me pick up on the last point first. What I have seen in the papers this morning strikes me as completely at odds with what I know about my right hon. Friend the Foreign Secretary’s approach to this matter. He believes clearly—he made this clear during the leave campaign, which he was a much more major part of than I was—that some immigration is useful. We all agree on that, but it is not the same as thinking that free movement of people as it now stands is a good idea—it is a problem. On the other aspects of the forward planning, the hon. Gentleman should know—I assume he talks to his opposite number on the Joint Ministerial Committee EN, the Committee that co-ordinates the approaches of the three devolved Administrations—that a great deal of work has been taking place on these matters and all of it is in typed script; none of it is scribbled on a bit of paper.

[Stephen Gethins]

So what we take from that is: yet more bumbled diplomacy from the Foreign Secretary. On what the Minister of State said about regions being European constructs, I hope he was not referring to the ancient European nation of Scotland or the ancient European nation of Ireland. The Secretary of State will be aware of the First Minister’s successful trip this week, so what lessons does he take from Ireland and the fact that the number of passport applications has gone up by 50% in that country?

[Mr Davis]

One lesson I take from it is that if the parties on the Opposition Benches—all of them—continue to frighten people, that is what the response will be. The hon. Gentleman should know, in terms—we have said this over and over again—that we wish to provide the maximum protection for both European citizens here and British citizens abroad. Just so he does not forget this, let me say that the Polish Prime Minister—not just the British Prime Minister—accepted earlier this week in public that both of those matters matter.

Article 50

Debate between David Davis and Stephen Gethins

Monday 7th November 2016 Commons Chamber

[Mr Davis]

My right hon. Friend is quite right. The then Foreign Secretary said in terms to this House, “This is giving the decision to the British people.” The Government of the day also spent £9 million circulating a leaflet saying just that: the decision was the public’s to take and that the Government would implement it.

[Stephen Gethins (North East Fife) (SNP)]

I thank the Secretary of State for early sight of his statement. We are about to embark upon one of the greatest constitutional upheavals that the United Kingdom has ever experienced. It will have an impact on almost every Government Department and every area of responsibility of the devolved Administrations. That means that scrutiny of the work of the Executive by the legislature is now more important than ever and should not be done on a nod and a wink. Just as the judges did their job in upholding the rule of law, so should this place have a full role in scrutinising the Government’s work.

Will the Secretary of State tell us whether a White Paper or any other preparatory materials for a Bill are being produced? Furthermore, will he acknowledge that democracy no longer begins and ends here and that there will be a significant impact on the devolved Administrations? Will he therefore tell us what meaningful involvement those Administrations will have over and above a hotline that takes 36 hours to answer?

Finally, the Secretary of State mentioned what he believes. Does he agree, and has he told his boss the Prime Minister, that we could have saved this Government, their lawyers and Ministers, and High Court judges a lot of time and effort had Parliament approved the Parliamentary Control of the Executive Bill that he brought before the House on 22 June 1999? It would have clearly restricted the use of the Crown prerogative until

“the assent of the House of Commons has first been obtained”,

including

“to exercise executive powers not conferred by statute”.

[Mr Davis]

I thank the hon. Gentleman for that. I have to say that I am a little surprised at his comments on the devolved Administrations and their involvement, as the very first thing the new Prime Minister did was visit the First Minister of Scotland to discuss exactly the issue we are talking about today. This week, we are having the second Joint Ministerial Committee meeting, at which Scotland’s Government will be represented.

Oral Answers to Questions

Debate between David Davis and Stephen Gethins

Thursday 20th October 2016 Commons Chamber

[Mr Davis]

My hon. and learned Friend might remember that I said in my conference speech that to take part in the global competitive economy we have to win the global battle for talent, too. My task is to bring back to the UK the right to decide who can come to Britain; the Government’s task will be to exercise that right in the national interest. Clearly, it will not be in the national interest to restrict the movement of talent—the free movement of brainpower, as it were—so she can be confident that we will not be limiting highly intelligent, highly capable people’s access to universities.

[Stephen Gethins (North East Fife) (SNP)]

Will the Secretary of State tell us what assessment his or any other Department has made of the impact of leaving the EU on the economy, and when he will make that available to this House?

[Mr Davis]

We currently have in place an assessment of 51 sectors of the economy. We are looking at those one by one, but the aim at the end is that this will inform the negotiating approach so that no one gets hurt. Given the hon. Gentleman’s context, I should mention that we are also doing that assessment in a way that will throw up whether something has an impact on the individual nations of the United Kingdom, as well as on the UK as a whole.

[Stephen Gethins]

I obviously welcome that new information from the Secretary of State, but the Fraser of Allander Institute has already told us that this will cost up to 80,000 jobs in Scotland alone. The CBI, the British Chambers of Commerce and the Institute of Directors have warned about the impact of limiting freedom of movement. They have done their homework, Secretary of State. You did not do your homework during the Vote Leave campaign, when you had a blank piece of paper to campaign on. If the Secretary of State is going to Scotland, he will need to do better than that. When will that assessment be published?

[Mr Speaker]

I have always done my homework, and I strongly resent any suggestion to the contrary.

Parliamentary Scrutiny of Leaving the EU

Debate between David Davis and Stephen Gethins

Wednesday 12th October 2016 Commons Chamber

[Stephen Gethins]

My right hon. Friend makes a very good point.

[Mr David Davis]

Will the hon. Gentleman give way?

[Stephen Gethins]

I will—perhaps the right hon. Gentleman will give us an answer.

[Mr David Davis]

I apologise for having to intervene to give this answer. The Prime Minister showed very clearly how important she considered the devolved Administration in Scotland. She went to Scotland first after coming to power, and said, plainly, two things. One was that we will consult and have detailed discussions with the Scottish Administration, and those in Wales and Northern Ireland, before we trigger article 50 and bring the great repeal Bill to the House. But we cannot give anyone a veto. We consider ourselves bound by the decision of the British people. No one can say, “No, you can’t do this”, but we will do everything possible in our power to meet the needs of the Scottish people and the other devolved Administrations.

[Stephen Gethins]

Yet more time at the Dispatch Box for the Secretary of State, but with even less information. We were told that there would be an agreed position with the devolved Administrations. He seems to be backtracking on that. Perhaps in due course he will tell us whether there will still be that agreed position. However, I do not want to get him into trouble yet again, so will leave him to chat to the Prime Minister about that.

Next Steps in Leaving the European Union

Debate between David Davis and Stephen Gethins

Monday 10th October 2016 Commons Chamber

[Mr Davis]

With the mild exception of the rudeness about the legal qualifications of the hon. and learned Member for Holborn and St Pancras (Keir Starmer), I agree with everything my right hon. Friend has said. The simple truth is that the attempt to block article 50 is an attempt to block the will of the British people, full stop. There will be plenty of opportunity for debate in the next two and a half years, during discussions of the Act and the successor legislation, and any number of other debates between now and then.

[Stephen Gethins (North East Fife) (SNP)]

May I also thank the Secretary of State for coming to the House to try to update us today? I wish him all the best for trying to get through his statement without getting into trouble with his boss, the Prime Minister, this time. He seems to be aiming to do that by not telling us anything. We may be no clearer on whether this is a soft Brexit or a hard Brexit, but we know it is a dog’s Brexit. I will be frank: this Government’s frankly irresponsible failure to provide any details about their plans is having an impact beyond this place. The Fraser of Allander Institute reckons that in Scotland alone there could be between 30,000 and 80,000 jobs lost because of his plans to take us out of the European Union.

My first question is, will the Secretary of State tell us what plans he has to formally involve the devolved Administrations? I noticed that he talked previously about involving them, but now talks about consulting them. The Government have provided us no answers, so I am going to try to make it easy for him. He has had 89 days since he took up his post—three months on Thursday. To stop him getting into any more trouble with the Prime Minister, I am going to make the next question very, very simple. Does he agree with page 72 of the Conservative party manifesto, on which he was elected, that it should be

“yes to the Single Market”?

In fact, I will make it easier: is it his objective to keep the United Kingdom in the single market?

Exiting the European Union

Debate between David Davis and Stephen Gethins

Monday 5th September 2016 Commons Chamber

[Mr Davis]

I thank my right hon. Friend for his question, and I would say two things. First, the referendum provided the biggest mandate ever given to a British Government, and the question of immigration clearly played a large part. Secondly, the Prime Minister has made it very plain that the current state of immigration cannot go on and that we will bring it to an end as part of this process.

[Stephen Gethins (North East Fife) (SNP)]

I welcome the Secretary of State to his new position and congratulate him on it. I want to ask him, “Was that it?” The Secretary of State has had all summer, and it has to be said that it is a mark of an irresponsible Government, just as it was a mark of an irresponsible leave campaign, that we know nothing more about the phrase “Brexit means Brexit”. That creates huge levels of uncertainty for our universities and our research institutions, which need some certainty beyond 2020; For food and drink producers; and for EU nationals who have made this country their home and deserve much better. What reassurances can the Secretary of State give them, because he has given them precious little from his statement today?

The actions of this Government stand in stark contrast to those of the Scottish Government, who have reached out to EU nationals and set out a clear action, including setting up an expert group; who have provided £100 million- worth of economic stimulus, with more to come tomorrow and a programme for government. The Secretary of State was responsible for a leave campaign that had no plans—zero, zilch. That is in stark contrast to the 670-page White Paper that the Scottish Government produced ahead of the independence referendum. Does the right hon. Gentleman regret not having any more plans, especially now that the Prime Minister is slapping down some of the leave campaign’s ideas and the Foreign Secretary is referring to access to the single market? Does the Secretary of State regret that blank piece of paper?

[Mr Davis]

I am tempted to say “Is that it?” too. The simple truth is this. The hon. Gentleman talks about a 670-page White Paper for the Scottish independence referendum, which I remind him they lost—and they would still lose today. After the Brexit referendum, what did we see? Do the Scottish people want another referendum? No, they do not. Would they vote to leave? No, they would not. That is all I need to say to the hon. Gentleman.