EU: Withdrawal and Future Relationship (Motions)

Debate between Dominic Grieve and Lord Clarke of Nottingham

Monday 1st April 2019 Commons Chamber

[Mr Clarke]

As I have said, the motion does not conflict with the Government’s withdrawal agreement. If the motion is passed or if it is subsumed by common market 2.0, which I will also vote for—that motion would subsume this one if it is carried—the easiest way of proceeding is for the Government to proceed with their withdrawal agreement tomorrow and for the Labour party to abstain because it is no longer such a blind Brexit, and then we can get on to the serious negotiations, which this country has not even started yet, with its 27 partner nations.

Motion (C) does not conflict with the case that is being made by many Members for a further referendum—either a confirmatory referendum or a people’s vote. It is not on the same subject. The referendum is about whether the public have changed their mind and whether we are firmly committed to the EU now that we know what is happening. That is a process—a very important one—that we are arguing about. I have been abstaining on that; I am not very fond of referendums, but there we are.

Motion (C) is concerned with a quite different subject: the substance of the negotiations if we get beyond 12 April. It begins to set out what the Government have a majority for and what they are being given a mandate for when they start those negotiations. The separate issue of whether, at any relevant stage, a referendum is called for can be debated and voted on quite separately. Advocates of a people’s vote are not serving any particular interest if they vote for a people’s vote and somehow vote against this motion to make sure that that somehow gets a bigger majority. Both can be accommodated.

[Mr Dominic Grieve (Beaconsfield) (Con)]

Will my right hon. and learned Friend give way?

[Mr Clarke]

I shall be accused of bias if I give way to my right hon. and learned Friend.

I urge the Liberals to proceed on that basis, and similarly, the Scottish nationalists. I agree with them—I would much prefer to stay in the European Union—but I am afraid that in trying to give this country good and stable governance by giving steers to the House of Commons, I have compromised on that, because a huge majority seems to me to have condemned us to leaving the European Union. I have tabled motions with the Scottish nationalists and have voted with them to revoke article 50 if the dread problem of no deal seems to be looming towards us by accident, and I will again. I cannot understand why the Scottish nationalists will not at least contemplate, if they cannot get their way and stay in the European Union, voting for a permanent customs union, which will benefit business and the economy in Scotland just as much as here and is not remotely incompatible with pursuing their wider aims.

UK’s Withdrawal from the European Union

Debate between Dominic Grieve and Lord Clarke of Nottingham

Wednesday 13th March 2019 Commons Chamber

[Mr Clarke]

I am going to be very brief—as brief as I can be. I have already taken longer than I intended.

The argument is that these matters were settled by the referendum, but one of the problems is that the debate at the time of the referendum does not resemble the debates that we keep having, with ever more frequency, in the House. That is not because we are out of touch with the real world. It is because the referendum was conducted in the most bizarre, broad-brush terms, with the leading figures on both sides using ridiculous or dishonest arguments in order to make their case, which had nothing whatever to do with the merits or otherwise of being in the European Union.

Remainers, I am afraid—the key remainers, David Cameron and George Osborne—decided to raise all those fears of immediate catastrophe, which did not actually materialise. That has led people now to say that every future warning from every major business lobby in the country, from the Treasury, from the Government and from everyone else is to be ignored. That is a classic case of crying wolf: one day the wolf actually arrives, and we cannot conduct the government of this country on the basis that we ignore every expert piece of opinion we have, which most of us in fact agree with because we think their warnings are correct.

The referendum gets invoked in all our other debates, too. When I ask my constituents who are leavers—most of them, I am glad to say, voted remain—it is clear that the idea that they were expressing a view on the Irish border and the problems of the Good Friday agreement when they voted to leave, or that most of them were expressing any opinion on the single market or the customs union, is absolute nonsense. Indeed when I talk to members of the public now—who are all expressing anger about the state of affairs we are in—they are still not lobbying me about the Irish border and the single market and all the rest of it. We are having to be engaged in this because our duty is governance; our duty is the medium and longer term better governance of this country, and we have to address the real world of a globalised economy and today’s systems of regulation and the international order in which we have to earn our living against a background of bewildering technological change.

All the arguments about the damage to business and the threat to Ireland, including its constitutional position, and so on have already been addressed by others and I have agreed with every word that has been said. However, I want briefly to give my reaction to that handful—I think it is no more—of Members who seem to think now that no deal is positively desirable and that it is an objective we should have sought from the first. They make it sound very respectable by describing it as “WTO rules”, but I strongly suspect that many who argue that point had scarcely heard of the WTO at the time of the referendum, and I do not think most of them understand what WTO rules actually comprise. I will not go into too much detail, not least because I have not refreshed my own memory too greatly, but there is no developed country in the world that seeks to trade in today’s globalised economy only on WTO rules. They are a fall-back that cover all that international trade that is not governed by recognised free trade agreements. They are designed to ensure that there is no discrimination among countries with which we do not have an agreement. That is why they require a schedule of tariffs, to be accepted by the WTO, and then those tariffs to be imposed on all those countries with which there is no agreement. That means the EU is obliged by WTO rules, now much loved by Brexiteers, to impose the same tariffs on us that it imposes on other third party countries, and we are obliged to impose the same schedule of tariffs on the EU and all other countries with which we do not have a deal.

There are WTO rules that do not allow countries to abdicate a thing like the Irish border. We cannot say we are not going to put any border posts in, so we are going to have organised smuggling become the major industry of the island because we have no idea how we are going to enforce it all. Not only would the Republic be under great pressure from the rest of the EU, but WTO rules would require us to co-operate with policing our border, collecting tariffs, regulatory checks, customs checks and all the rest.

My main worry, however, is not entirely about these short-term consequences, catastrophic though they would be for some sections of our economy including agriculture and the motor industry. My main worry is that, whatever happens in the global economy, the effect of leaving with no deal in the medium and long term and on the comparative economic strength of this country will be that we and the next generation will be made poorer than we would otherwise be. That will be the result if we cannot move away from this no deal nonsense, and I hope a big majority settles that tonight.

Finally, I just want to be totally clear what the Government’s intentions and motives now are. I hope I have been reassured that, if we pass this motion tonight, the Government will in all circumstances take whatever steps it is eventually necessary to take in 16 days’ time to avoid our leaving with no deal. I do not want them to come back in a fortnight’s time saying to the House, “It’s your fault, because you will not vote for the Prime Minister’s withdrawal agreement, so sadly we are going to have to leave with no deal.” We are ruling this out. That really means having indicative votes to give us some idea of what the British are going to negotiate over the next two or three years. Failing that, it means revoking article 50. Speaking as someone who is a diehard European—

[Mr Grieve]

rose—

[Mr Clarke]

My right hon. and learned Friend and I do not agree on referendums, but we agree on practically everything else. As he is a close political ally and a good friend of mine, I shall give way to him.

[Mr Grieve]

In the spirit of trying to encourage the Government to be clear with the House, does my right hon. and learned Friend agree that the difficulty with the Government’s motion is that the revocation route is not acknowledged? The Government may not want it, and of course there are different ways of reaching it—one is through a referendum; another is through a revocation by this House alone—but the difficulty with the Government’s motion as tabled is that it pretends that that route does not exist. It seems to emphasise a binary choice. Does he therefore agree that getting clarity on that, and possibly a correction, would be immeasurably helpful? Otherwise, it gives the impression that the Government are trying to pull the wool over our eyes.

[Mr Clarke]

I agree with my right hon. and learned Friend entirely. I have no idea why the Government thought it necessary to put the second half of the motion on the Order Paper. I have been reassured, however, so let me try to reassure him on this. When my right hon. Friend the Secretary of State opened the debate, he referred several times to revocation as the alternative—he is now nodding in the affirmative—and I think that if forced to do so, he would revoke. I take comfort from remembering the Prime Minister occasionally saying—normally to the right-wing nationalist members of my party—that if they were not careful, the alternative to her deal would be no Brexit, which amounts to the same thing. I would prefer the wording on the Order Paper to make it perfectly clear that we are ruling out no deal, but I take it that we have been given a guarantee that if no one can think of any better and more sensible way of resolving things, we are going to revoke article 50 and start all over again, because as I said when I began, we have got absolutely nowhere after three years of effort since the vote was announced.

European Union (Withdrawal) Bill

Debate between Dominic Grieve and Lord Clarke of Nottingham

Ping Pong: House of Commons
Wednesday 20th June 2018 Commons Chamber

[Mr Grieve]

No, I will not.

In view of that acknowledgement, I must say that I weigh that and the clear words of this statement against what my right hon. Friend the Prime Minister has told me about her anxieties. My judgment—it is purely personal—is that if that is the issue, having finally obtained, with a little more difficulty than I would have wished, the obvious acknowledgement of the sovereignty of this place over the Executive in black and white language, I am prepared to accept the Government’s difficulty, support them and, in the circumstances, to accept the form of amendment that they want. I shall formally move my amendment at the end, because I do not want to deprive the House of the right to vote if it wishes. Members have the absolute right to disagree, but it seems to me that, with the acknowledgement having been properly made, I am content to go down that route.

[Mr Kenneth Clarke]

Will my right hon. and learned Friend give way?

[Mr Grieve]

No, I want to end.

We are facing some real difficulties at the moment. It is rightly said that those whom the gods want to destroy, they first render mad. There is enough madness around at the moment to make one start to question whether collective sanity in this country has disappeared. Every time someone tries to present a sensible reasoned argument in this House vilification and abuse follow, including death threats to right hon. and hon. Friends. There is a hysteria that completely loses sight of the issues that we really have to consider. There is an atmosphere of bullying that has the directly opposite consequence in that people are put into a position where they feel unable to compromise, because by doing so they will be immediately described as having “lost”—as if these were arguments to be lost or won. The issue must be that we get things right.

Right at the other end of the spectrum, we get some other ridiculous things. I have had Daily Mail journalists crawling over the garden of my house in France. I do not quite know, but I think they were looking for silos from which missiles might be aimed at the mansion of my hon. Friend the Member for North East Somerset (Mr Rees-Mogg). The area where I have a holiday home has a history of monsters and witches chucking megaliths backwards and forwards across the channel. Such is the state of our discourse, and that is the very thing we must avoid. We are going to have differences and, if there is no deal, those differences may extend to my taking a different view, as a Member of Parliament, from what the Government might wish. This House has a right to act if there is no deal in order to protect the interests of the British people, and the responsibility in those circumstances lies as much with us as it does with the Government.

European Union (Withdrawal) Bill

Debate between Dominic Grieve and Lord Clarke of Nottingham

Tuesday 12th June 2018 Commons Chamber

[Mr Grieve]

I fear not. I think the reality is that if we accept the Lords amendment, that will be the end of the matter. That is the problem that we face in this House.

[Mr Kenneth Clarke]

Both my right hon. and learned Friend and I accept without hesitation the good will of our hon. and learned Friend the Solicitor General, who is doing his best to resolve the slightly odd situation that we are all in. I think that the majority of Ministers—although I do not know about my hon. and learned Friend—would give my right hon. and learned Friend the undertaking for which he is asking now, and that the majority of our party would be quite happy with an arrangement of the sort proposed in his amendment. However, all we can have is what we had in Committee—offers of good faith, discussions and earnest attempts—because our proposals will be vetoed by the hard-line Brexiteers in the Government.

[Mr Grieve]

I am grateful to my right hon. and learned Friend. I think that we will hear more about that as the debate unfolds.

European Union (Withdrawal) Bill

Debate between Dominic Grieve and Lord Clarke of Nottingham

Committee: 8th sitting: House of Commons
Wednesday 20th December 2017 Commons Chamber

[Mr Grieve]

Parliament should certainly be debating these matters. Individual Members will decide whether they want to use the opportunity of this Committee stage for that purpose, but I want to confine myself strictly to the issues in front of us.

[Mr Kenneth Clarke]

My right hon. and learned Friend has been consistent all the way through our consideration of this Bill in agreeing with me on only the subjects of process, rather than substance, but I quite respect his view and always have the highest respect for his legal and political skills. Does he agree that if amendments actually went beyond the Bill, they would have been ruled to be beyond the scope of the Bill? It is entirely a voluntary decision on his part that he refuses to be drawn into the substance of Government policy, or the stance that the Government are taking on the eve of their starting the first serious negotiations on our future after we withdraw. It is a pity that he has made this self-sacrificing concession.

[Mr Grieve]

I thank my right hon. and learned Friend. Yes, it is a self-denying ordinance, but it was taken for what I think is a good reason, and partly because I did not wish to inflame the debate into something more general. However, despite my best endeavours and making speeches of what I thought was studied moderation, I seem to have been singularly unsuccessful, but that is merely a reflection of the fevered atmosphere in which this Committee meets.

I have to accept that I did raise the temperature a bit on amendment 381, because when it was first presented to the Committee, I expressed myself in respect of it in very strong terms indeed. I did so not because I was making some statement that I refused to contemplate the day of exit as being 29 March 2019 at 11 pm, but because I considered that to introduce that date into the Bill as a tablet of stone made absolutely no sense at all for the very reason that I sought to highlight in my intervention on my right hon. Friend the Member for West Dorset (Sir Oliver Letwin). In actual fact, that amendment would make it harder to move the date forward if we had wish to do so at the conclusion of the negotiations, because that would require a statute. I know that statutes can be implemented quite quickly in this House, but that process would nevertheless take significantly longer than the alternative. I could not see why we were losing the sensible flexibility provided by the way in which the Bill was originally drafted.

Underlying all this, there appears to be a sort of neurosis abroad that the magical date might somehow not be reached or, if it were to be reached, might be moved back. I am afraid that I cannot fully understand that neurosis of my right hon. and hon. Friends, but it is there nevertheless. It may give them some comfort to have in the Bill this statement of the obvious. However, it is worth bearing in mind that we are leaving on 29 March 2019 as a result of the article 50 process, unless the time is extended under that process, and we are doing so as a matter of international law even if the European Communities Act 1972 were to survive for some mistaken reason, which would cause legal chaos and put us in a very bad place.

In order to try to reassure my right hon. and hon. Friends and to give out the message that this is a process Bill, I am prepared to go along with things now that my right hon. Friend the Member for West Dorset and my hon. and learned Friend the Member for Torridge and West Devon (Mr Cox) have so sensibly and creatively come up with a solution that appears to provide what my hon. Friends want and, at the same time, removes what I consider, perhaps in my lawyerly way, to be an undesirable incoherence in the legislation.

European Union (Withdrawal) Bill

Debate between Dominic Grieve and Lord Clarke of Nottingham

Committee: 3rd sitting: House of Commons
Tuesday 21st November 2017 Commons Chamber

[Mr Grieve]

I am grateful to my right hon. Friend for his intervention. As I have said on many previous occasions, whatever merits I may have as a lawyer, I am not a parliamentary draftsman. On top of that, I gently point out that, in an effort to get my amendments in early, they were, in the usual way, drafted with a wet towel around my head at about 30 minutes past midnight on the night before Second Reading. I am therefore quite sure that they are all capable of substantial improvement. Indeed, in my experience, it is very unusual for an amendment ever to be accepted just like that, apart from when it adds a comma, particularly in Committee.

Yes, of course there are different ways in which this can be approached. Indeed, my hon. and learned Friend the Solicitor General, with whom I have had an opportunity for a bit of a chat—I shall look forward to talking to him further about this—has made it clear that he thinks I have been a bit too draconian in deleting paragraphs 1, 2 and 3. On the other hand, there are some other things in paragraphs 1, 2 and 3 that I find rather concerning. However, I shall confine myself to paragraph 3 for the moment.

[Mr Kenneth Clarke]

On whether the drafting is entirely right, so far, as far as I am aware, the Government have had absolutely no answer to the extremely clear case that my right hon. and learned Friend has made about the proper way to protect these cases in future. The obvious thing is for the Government to accept these amendments today, because they can come back on Report and start correcting and redrafting amendments to which I am sure that he will be wholly receptive. What I would not welcome is some vague assurances from Front Benchers that they will think about it and then might come back with something on Report. The drafting can be corrected later; the points that he is making need to be confirmed today.

[Mr Grieve]

My right hon. and learned Friend makes a very good point. He highlights the difficulty faced by all Back Benchers, particularly Government Back Benchers, in presenting amendments—namely, the extent to which they should accept assurances from Front Benchers. That largely depends on how detailed the assurance is—whether it is woolly and vague or has some specificity to it. My judgment on whether I might press amendment 10 to the vote will depend on how specific Front Benchers can be in providing an assurance that they recognise that, even if there may be areas that remain to be debated, there is a core issue that must be addressed about the ability to bring a right of action in domestic law based on a failure to comply with a general principle of EU law when it concerns the operation of retained EU law.

Furthermore, because retained EU law has supremacy over domestic law, it must be possible that there might be instances in which our domestic law would have to be altered. The Government cannot then argue that that is an extraordinary thing to do, because they have themselves drafted this Bill in a way that allows for the possibility of UK domestic law being quashed. That will, I hope, be for a temporary period. Nevertheless, I am unable to understand how, during that temporary period, we can end up with a situation where the Government are perfectly happy to allow for the supremacy of EU law but remove the very principles that moderate it, ensure that it cannot be abused, and, in those areas that were within EU competence, provide a framework under which the Government are undertaking to operate unless or until they repeal the bits of retained EU legislation that they are bringing into our law.

European Union (Withdrawal) Bill

Debate between Dominic Grieve and Lord Clarke of Nottingham

Committee: 2nd sitting: House of Commons
Wednesday 15th November 2017 Commons Chamber

[Mr Grieve]

I fully appreciate that my hon. Friend has a great distaste for the way in which this law has been imported into our country during the course of our membership of the EU. However, two wrongs do not make a right. He could profitably look at the prolonged period of time it is going to take to replace all this law—five years, 10 years, 20 years, 30 years? I would be prepared to have a small wager with him that some of this is still going to be around in three or four decades to come.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

My right hon. and learned Friend concedes that two wrongs do not make a right. May I point out to him that the introduction of qualified majority voting was an achievement of the Thatcher Government? We persuaded the European Union to adopt the single market because we did not want small countries to be subjected to little pressure groups holding up very important standards that we needed to achieve in the new market we were creating. Mrs Thatcher sent as her commissioner Arthur Cockfield, who presided over several thousand of those being introduced so that the single market could get under way.

[Mr Grieve]

My right hon. and learned Friend is entirely correct. If I may explain, I was simply attempting—although I sometimes find it quite difficult—to put myself into the position of my hon. Friend the Member for North East Somerset (Mr Rees-Mogg), who had explained his distaste. Having done so, I was trying to explain why he should still be concerned. I could not agree more with my right hon. and learned Friend. I am not troubled by the way in which this law has come into our country. We have kept our sovereignty. We made a choice to do this, and we did so because of an awareness of how, as international relations develop, it was in our national interest. That may represent a philosophical difference, but as I pointed out, there is all sorts of international law out there that binds us that did not originate in this Chamber.

We should be concerned about the fact that these laws matter. I do not know whether they matter to my hon. Friend the Member for Stone or other hon. Members, but if we go out into the street and ask people whether equality law—

--- Later in debate ---

[Mr Kenneth Clarke]

Will my hon. and learned Friend give way?

[Mr Grieve]

Will my hon. and learned Friend give way?

European Union (Notification of Withdrawal) Bill

Debate between Dominic Grieve and Lord Clarke of Nottingham

Committee: 2nd sitting: House of Commons
Tuesday 7th February 2017 Commons Chamber

[Mr Grieve]

There are bound to be difficulties because the whole process of negotiations under article 50, as the right hon. Lady will be aware, is rather one-sided. That is an inherent difficulty. Let us suppose for a moment that the negotiations are concluded in 18 months. I would rather hope in those circumstances that the Minister would say, “Thank you very much, but we will not even make the first agreement. We want to go back to the both Houses of Parliament even before we agree with the Commission because we have time to do so.” However, if it is the 11th hour, 59th minute and 59th second, I accept that the Government have a problem that is not taken into account by new clause 110.

[Mr Kenneth Clarke]

My right hon. and learned Friend’s preference is obviously for Parliament to be asked its opinion before any agreement has been signed with the Commission, on the authority of the Council. Does he accept that the 11th hour problem can easily be got around? In the tortuous process of European negotiations, stopping the clock is hardly unknown. If all the member states agreed that the British Government had to be given time to get the approval of Parliament, they would allow two or three weeks to elapse.

Does my right hon. and learned Friend also agree that we need something on paper to clarify these highly important points? Does he join me in inviting the Minister to table an amendment in the House of Lords to give precise effect to whatever the concession is meant to mean? If we pass either new clause 99 or new clause 110, it could be replaced by that Government amendment, if Ministers were to come up with a better clarification. What we cannot do is leave the debate to continue for the next two years on what the Minister did or did not mean when he made his statement to the Committee today.

[The Temporary Chair (Mr George Howarth)]

I say for the benefit of other Members that the right hon. and learned Gentleman has had a very long career—so long, in fact, that he is capable of recognising the difference between an intervention and a speech.