European Union (Withdrawal) Bill

Debate between David Davis and Wes Streeting

Tuesday 12th June 2018 Commons Chamber

[Mr Davis]

I start by saying to the hon. Gentleman that I respect his point of view. He has the honesty to say that he would like us to stay in the European Union irrespective of the referendum result. Although I disagree with it, it is honest position to take. But what he describes as giving the Government the right to take us out of the European Union under, frankly, any circumstances was article 50, which was passed by this House and the other House by a very large majority, so I am afraid that he is not right in that respect.

[Wes Streeting (Ilford North) (Lab)]

rose—

[Mr Davis]

I will give way in a moment.

It is accepted practice that Governments negotiate treaties, and this was the case for the European Communities Act 1972, the Lisbon treaty, the Nice treaty, the Amsterdam treaty and the Maastricht treaty. I do not remember any argument over Parliament undertaking those treaties from people who today argue that this amendment is appropriate.

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[Mr Davis]

The right hon. Gentleman makes a very good point. It is certainly the case that the European Commission reads every newspaper in Britain, particularly the Financial Times and The Times. It reads them all, but, more surprisingly, it believes them. The simple truth is that it looks at any option that it thinks the British political system will throw up, which will allow it to get a negotiating advantage. Let us remember, too, that most, if not all, of the 27 would much rather that we did not leave—full stop. If it sees an opportunity to create that outcome, that is what it will do.

[Wes Streeting]

rose—

[Mr Davis]

I want to make a little progress, and then I will give way again.

Furthermore, the Lords amendment sets deadlines that would simply allow the other side to use time against us, as it has already tried to do. What we have proposed in lieu is an amendment that builds on commitments that I first set out to the House in a statement on 13 December last year. The amendment provides that the withdrawal agreement cannot be ratified unless both the agreement and the future framework have been approved by a motion of this House. It also prevents the agreement from being ratified unless an Act of Parliament has been passed to implement it. This is all before the Constitutional Reform and Governance Act 2010 as well. Therefore, this is in addition to the Government’s commitment to introduce the withdrawal agreement and implementation Bill if Parliament votes in favour of a final deal.

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[Mr Davis]

In a moment.

We cannot do that. This constitutional structure has stood for hundreds of years and many thousands of treaties. As I said earlier, nobody suggested for a moment that the House of Commons should negotiate the Maastricht treaty, the Lisbon treaty, or one or two other controversial treaties that came before the House. We cannot change that structure now, on this basis.

[Wes Streeting]

Will the Secretary of State give way?

[Mr Davis]

Not for the moment.

Thirdly, we must—under all circumstances—respect the result of the referendum. That is what this House voted for when it voted on article 50. I am very happy to talk to my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) again in the next day or two, and we can discuss how we can meet his concerns in that time, within those principles.

EU Exit Negotiations

Debate between David Davis and Wes Streeting

Tuesday 5th December 2017 Commons Chamber

[Wes Streeting (Ilford North) (Lab)]

The Secretary of State says a vote to leave was a vote to leave the single market and the customs union, but that is not what leavers said. He says that the Conservative manifesto committed to pulling us out of both, but that is not what the majority of the public voted for. Is it not time to accept that he will have a majority in this House for a Brexit based on membership of the single market and the customs union, but that we will never give him a majority for a destructive hard Brexit?

[Mr Davis]

Nobody wants a majority for a destructive Brexit. We want a majority for a constructive Brexit.

EU Exit Negotiations

Debate between David Davis and Wes Streeting

Tuesday 17th October 2017 Commons Chamber

[Mr Davis]

My hon. Friend’s point is entirely logical.

[Wes Streeting (Ilford North) (Lab)]

The writing is on the wall and the warning signs are there for the economy, whether on growth, foreign direct investment, and the decisions that businesses are already taking in anticipation of there being no deal or no agreement on transition as soon as business needs it. Despite that, the Chancellor has been savaged not by the Opposition but by members of his own party for no reason other than drawing to the attention of this House and the public the risks associated with making a series of bad judgments, or indeed no judgments at all, about our future relationship with the European Union. Given that many firms, including manufacturing firms with supply chains in the EU, will be making irreversible decisions before Christmas about jobs and activity, what assurance can the Secretary of State give them this afternoon that there will be a transitional deal before manufacturing and every other sector are faced with a series of unpalatable decisions?

European Union (Withdrawal) Bill

Debate between David Davis and Wes Streeting

Thursday 7th September 2017 Commons Chamber

[Mr Davis]

With respect, we have had one lengthy intervention, and I have to make some progress.

Our current estimate is that the UK Government will need to make between 800 and 1,000 statutory instruments to make exit a reality in UK law. That may seem, in some ways, like a large number—it is a little less than one year’s quota, as it were—and I understand that Members have concerns about scrutiny of that volume of legislation, but let me contrast that with the 12,000 European Union regulations and 8,000 domestic regulations—20,000 pieces of law—that have brought forward new policies while we have been members of the European Union.

This one-off task is very different from the flow of new law from the European Union in the last 40 years, and it is ultimately about ensuring that power returns to this House. The people who complain about using secondary legislation should remember that of those 20,000 pieces of law, 8,000 went through under secondary legislation and the remaining 12,000 went through without any involvement from this House at all, because they came as regulations. They changed the law rather than maintaining it.

[Wes Streeting (Ilford North) (Lab)]

Will the Secretary of State give way?

[Mr Davis]

No. All these changes must happen quickly to maintain stability as we leave the European Union. Many of the changes will be minor and technical, replacing, for example, references to European Union law or to other member states. It would not make sense, nor would it be possible, to make these numerous changes in primary legislation. Some of the changes will, by nature, be more substantial and demand more scrutiny. An example would be a proposal to transfer a function currently exercised by the Commission to a new domestic body that needs to be set up from scratch. We hope to minimise the need for such bodies, but where they are needed I readily accept that such changes require fuller parliamentary scrutiny. That is why the Bill sets clear criteria that will trigger the use of the affirmative procedure, ensuring a debate and vote on the statutory instrument in both Houses. Over the course of the two days we spend debating this Bill, I am sure that we will hear calls for the secondary legislation to receive greater scrutiny—

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[Mr Davis]

I will give way in a second.

These corrections need to be made to ensure that we have a functioning statute book. As far as we can see, the power we have proposed is the only logical and feasible way to make those corrections. Our approach remains the only viable plan—we considered others—put forward in this House. Although we have heard complaints from the Opposition, we have not heard any alternatives from them.

[Wes Streeting]

The central premise of the Secretary of State’s argument is that in order to ensure a smooth exit we need to maintain as much of the status quo as possible on the way out. But this Bill goes much further, because the changes contained in clauses 5 and 6 would effectively rule out being within the customs union and the single market for a transitional period. That represents the single biggest risk to our economy, and that is what is in the Bill.

[Mr Davis]

The hon. Gentleman is quite right in one respect: that is clear Government policy. That is, in fact, the decision that was taken by the British people last year. They wanted to leave the European Union, which means leaving the single market and leaving the customs union. That point is clear. I know it is confusing for Labour Members, because their deputy leader appears to have a different view from the rest of the party.

Let me make some further progress after that rather silly intervention. The Bill also contains a limited power to implement the withdrawal agreement by statutory instrument if that proves necessary.