Parliamentary Scrutiny of Leaving the EU

David Jones Excerpts

Wednesday 12th October 2016 Commons Chamber

[The Minister of State, Department for Exiting the European Union (Mr David Jones)]

May I join the hon. Member for Brent North (Barry Gardiner) in congratulating all Members who contributed to this excellent debate about what the motion rightly describes as the “defining issue” facing the United Kingdom?

We agree that it is entirely proper that Parliament should scrutinise the Government’s approach to the process of leaving the European Union and that there should be full and continuing debate on that process. It is beyond doubt—this was fully accepted by the shadow Secretary of State, the hon. and learned Member for Holborn and St Pancras (Keir Starmer), and many other hon. Members who have spoken today—that the Government have received clear instructions from the British people that Britain should leave the EU.

[Stephen Gethins]

Will the Minister give way?

[Mr Jones]

I will not because I have very little time.

The referendum held on 23 June was one of the biggest democratic exercises in British history. The turnout was high, at 72%, with over 33 million people participating. Over 1 million more people voted to leave than to remain. The turnout was bigger than at any general election since 1992. No single party or Prime Minister has achieved more votes in our history than did the vote to leave in June. This was a once-in-a-generation vote, and that decision must be respected. As my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) said, we now all have a duty as Members of this House to respect, and not to seek to frustrate, the will of the people of the United Kingdom. I am pleased to observe that most hon. Members who have participated today have agreed with that proposition.

The Government recognise that Parliament must play a full part in the United Kingdom’s withdrawal from the EU, and we will of course observe in full all legal and constitutional obligations that apply during the course of withdrawal. As my right hon. Friend the Secretary of State said, we are committed to working with Parliament as we seek to obtain the best deal for Britain in that process of withdrawal. Let me be absolutely clear, however, that triggering the article 50 procedure is a matter for the royal prerogative.

We will take fully into account the views of all Members in our parliamentary engagement, which has already, in the short life of my Department, been extensive. Debates such as today’s are part of the process whereby Parliament will hold the Government to account. So far, in the two and a half working weeks since the summer recess, my right hon. Friend has made two oral statements and appeared before two Select Committees. In his opening speech, he listed the parliamentary engagements that Ministers from his Department have attended and will continue to attend. This Government welcome and encourage such participation.

The restoration of parliamentary sovereignty is at the very core of why we are leaving the European Union. Once we have left, the primacy of the United Kingdom Parliament will no longer be in doubt. As my hon. Friend the Member for Stone (Sir William Cash) said, that is what the great repeal Bill will secure.

[Ms Angela Eagle]

Will the Minister give way?

[Ian C. Lucas]

Will the Minister give way?

[Mr Jones]

I will not give way.

I have no doubt that the Bill will be subject to rigorous scrutiny by both Houses of Parliament during its passage. It will be for Parliament to determine what changes to the law in the great repeal Bill will best suit the national interest, but the national interest must be the paramount consideration for both the Government and Parliament.

We will shortly be entering into extensive and detailed negotiations about the terms of our withdrawal. It is entirely right that the Government should not damage our position in those negotiations by spelling out in fine detail what our negotiating position will be.

[Ian C. Lucas]

Will the Minister give way?

[Mr Jones]

I will not give way.

Nobody sensible would expect us to do so, least of all those with whom we will be negotiating. My right hon. Friend has already set out the broad aims of our negotiation, which include, crucially, regaining control of our borders and having the most open access possible to the European market, but I am sure that hon. Members will understand the practical realities of our withdrawal negotiations. Indeed, the House of Lords EU Committee has summarised what it considers to be the correct approach to parliamentary scrutiny:

“We acknowledge that certain elements of the forthcoming negotiations, particularly those relating to trade, may have to be conducted confidentially. We would expect parliamentary scrutiny of the negotiations to strike an appropriate balance between transparency and confidentiality, while achieving the overarching objective of holding the Government effectively to account.”

[Ian C. Lucas]

I will put to the right hon. Gentleman the question I put to the Secretary of State. If he believes in parliamentary sovereignty, will the Government please present their opening position to Parliament for scrutiny and a vote before they begin to conduct negotiations? Will he give the Chamber an assurance on that?

[Mr Jones]

The House will of course be fully engaged as matters progress, but I have to repeat to the hon. Gentleman—and I remind him that I have been more generous in giving way than was his colleague the hon. Member for Brent North—that he has to understand the element of confidentiality in the negotiations that was quite rightly identified by the House of Lords EU Committee. We fully agree that that balance will have to be struck, which is why we seek to amend the motion. We agree that there should be a transparent debate on the Government’s plans for leaving the EU and that there should be proper—

[Stephen Gethins]

rose—

[Mr Jones]

I will not give way further.

But that process should also respect the decision of the British people to leave the EU and should not adversely affect our negotiating position. We believe that is the sensible position to adopt. It is one that I believe would receive the approval of most sensible people in this country. We do not propose to veil our preparations for negotiation in secrecy, but at the same time we want to serve the national interest, which means going about the negotiations in a practical and sensible manner.

One theme that was developed during the course of the debate and raised by a number of right hon. and hon. Members, including the right hon. Member for East Ham (Stephen Timms), my hon. Friends the Members for Stafford (Jeremy Lefroy) and for Dudley South (Mike Wood) and the hon. Member for Wrexham (Ian C. Lucas), was membership of the single market and freedom of movement. The Government’s position is that although the ability to trade with EU member states is clearly vital to our prosperity, there is clearly no mandate for a deal that involves accepting the existing arrangements governing free movement of people from the European Union, but we do not accept that there is a binary trade-off between border control and access to the single market for goods and services. We are aiming for the best deal for Britain. That is what all hon. Members should strive for.

I wish to reiterate my thanks and those of the hon. Member for Brent North to all hon. Members who have participated in the debate. There have been excellent contributions from a large number of Members. It was heartening that another theme that developed was that we must understand that the referendum is over and has been completed, and we all have to accept the result and move on together as a House in the national interest. That point was most clearly expressed by my right hon. Friend the Member for North East Bedfordshire (Alistair Burt).

We will give full consideration to all the points raised so clearly by so many right hon. and hon. Members today, and the further points that will no doubt similarly be raised in the weeks and months to come. We are happy to accept the Opposition’s motion, which is helpful and has been the catalyst for an excellent debate that has developed the argument significantly, subject to the addition of the words contained in the amendment. This country now stands on the threshold of a new chapter in its history, and a new relationship with the continuing members of the European Union. Every single Member of this House, I know, will want our withdrawal to be a success for the national interest. I believe that the amendment is entirely proper and commend it to the House.

Amendment (b) agreed to.

Main Question, as amended, put and agreed to.

Resolved,

That this House recognises that leaving the EU is the defining issue facing the UK; believes that there should be a full and transparent debate on the Government’s plan for leaving the EU; and calls on the Prime Minister to ensure that this House is able properly to scrutinise that plan for leaving the EU before Article 50 is invoked; and believes that the process should be undertaken in such a way that respects the decision of the people of the UK when they voted to leave the EU on 23 June and does not undermine the negotiating position of the Government as negotiations are entered into which will take place after Article 50 has been triggered.