The Government's Plan for Brexit

Helen Goodman Excerpts

Wednesday 7th December 2016 Commons Chamber

[Mr Davis]

If my hon. Friend will forgive me, I will make a bit more progress for a few moments and keep him in mind.

All this does not mean that parliamentary scrutiny is not very important—of course it is. I, of all people, would be last to argue that. That is why I have already given three oral statements to this House and answered more than 350 parliamentary questions. It is why Ministers from my Department and I have already appeared before Select Committees on 10 occasions—I will be appearing in front of the Brexit Committee in a week. It is why the Government announced a series of themed debates, with workers’ rights and transport already discussed, and another debate coming up before Christmas. There have also been more than 15 debates about this in the other House.

However, there is no doubt that the way in which we handle and disclose information is important to the negotiating process. Needless to say, I have given a great deal of thought to how we achieve accountability at the same time as preserving the national interest. That was why at the first parliamentary Committee hearing I appeared before—I think it was the House of Lords Select Committee—I volunteered an undertaking that British parliamentarians would be at least as well served, in terms of information, as the European Parliament. As I said to the Opposition spokesman, I have said on several other occasions that we will provide as much information as possible—subject, again, to that not undermining the national interest. This is a substantive undertaking, but it must be done in a way that will not compromise the negotiation.

[Helen Goodman (Bishop Auckland) (Lab)]

The Secretary of State repeats that what he is doing is—he thinks—in the national interest, but he must have heard from industrialists, as Labour Members have, that the uncertainty and lack of clarity from Ministers means that people are putting back projects and not investing. That is why the growth rate is down and the public finances are in such a mess.

[Mr Davis]

We heard during the campaign about how the economy was going to collapse, but I seem to have noticed in the past few months that really it is doing very well indeed, thank you very much. This nay-saying—this talking down the country—is, frankly, the least desirable part of the Opposition’s behaviour.

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[Sir Oliver Letwin (West Dorset) (Con)]

The right hon. Member for Wolverhampton South East (Mr McFadden) has made out that the essence of today’s debate is about whether the Government publish a plan and how it is scrutinised, and the shadow Secretary of State echoed that thought. I do not believe that is the debate we are having today; as was made clear in the response to me from the right hon. Member for Doncaster North (Edward Miliband), the former Leader of the Opposition, the debate we are actually having is congruent with the discussion going on in the Supreme Court, over the road. It is about a great constitutional issue: the old Leninist question of “who, whom?” The question is: should the Government of the UK, following a referendum, be able to conduct negotiations in the style and manner and with the intent that they decide, on behalf of the people of the UK, or should Parliament seek to constrain the negotiation, ultimately by passing a law constraining the activities of the Government in that negotiation? That is the issue we are facing.

I wish briefly to argue, in the time allotted, that if we think about it carefully, it is clear that it is impossible to conduct that negotiation successfully on the basis of a legal mandate given by Parliament. Why? It is because once a law is passed that determines negotiation, the negotiation as a whole, and in every particular and at every moment, is justiciable. We will end up with the Supreme Court and lower courts being called upon to decide, from moment to moment, in judicial review after judicial review, whether the Government have sufficiently transparently made clear every detail of the negotiation to satisfy the Court that the mandate of Parliament in the law is being observed; and whether they have fulfilled the terms of the mandate, once everything is transparent. Any Member of this House who believes this country will have an advantage in the outcome from such a process is severely misguided.

I voted to remain, and I still believe that would have been the right decision for this country. I believe we would be better off inside the customs union than out and better off inside the single market than out; I wanted to be free of the rest of the EU’s jurisprudence, but not of those things. I think we might have achieved that, but that world has passed; the referendum has occurred—we are leaving. If we are leaving, we have to negotiate an exit. The horror and the tragedy of the discussion we are having now is that, if it does lead to Parliament imposing those kinds of constraints on the Government, it will not be possible for the Government to do a trade deal with the remainder of the EU when we have left—by that, I mean left the single market and left the customs union, as we are bound to do by the logic of the situation—and it will not be possible for the Government to negotiate a trade deal to the advantage of our country because it will not necessarily be within the mandate, and that could leave us in the worst of all possible positions. So I urge Opposition Members to remove the cloak, cease to pretend that this is about transparency and plans, as we know perfectly well where the Government are going, admit that this is a constitutional argument and give up the attempt to control the negotiations line by line from Parliament.

[Helen Goodman]

When the right hon. Gentleman looks at the way the other European countries conduct their negotiations within the EU at the moment, he will surely acknowledge that, for example, the Chancellor of Germany goes to her Parliament and receives a negotiating mandate, and then goes to Brussels. It is that kind of process that we on the Labour Benches are looking for.

[Sir Oliver Letwin]

The hon. Lady is an old friend of mine, but she is totally misguided if she thinks that this is an analogous situation. This is the first time in history that a country has sought to remove itself from the EU. We are engaged in the most complicated game of multidimensional chess that any country has ever engaged in. To imagine that that can receive a legally binding negotiating mandate from Parliament, justiciable by the courts, is pure fantasy.

--- Later in debate ---

[Angela Smith]

I shall come on to the option that we should follow in the negotiations. As many Members have illustrated, we all have views on where we should be going. The National Farmers Union has modelled three scenarios for the outcome of the negotiations: a free trade agreement with the European Union; World Trade Organisation rules; and trade liberalisation.

The potential cost to farming of non-tariff barriers to access the EU and worldwide trade range from 5% as a result of regulatory divergence to 8%. If direct farm payments are reduced or taken away completely from farmers in those scenarios, there will be a hugely negative impact on farm incomes, ranging from a reduction of £24,000 per annum under the best deal—the free trade deal—to an impact of over £30,000 per annum on individual farm income under the trade liberalisation scenario. The EU spends £3.2 billion a year on support to farmers, which is just under 25% of what we pay the EU to be a member of the Union. A key question for the Commons is whether we continue direct farm payments to farmers at the existing 100% level. Do we reduce it, and do we look at the impact on farm trade and individual farmers? We need answers to those questions before we can sign off any Government position on what we do in Brussels in summer 2017.

The farming industry employs more than 80,000 seasonal workers a year. The NFU has called for a seasonal agricultural workers permit scheme. The Government refuse to commit to such a scheme, but without that input there is little hope for the horticultural sector. Furthermore, the food and drink manufacturing sector has a skills gap. By 2024, it will stand at 130,000. On top of that, one in 12 employers in the sector report an intention on the part of their employees to go back home.

The road haulage industry, which is a critical service for the food and farming sector, has a skills shortage of 45,000. Sixty thousand drivers in the UK are foreign, mostly from the EU. The veterinary sector is another vital service for the food and farming sector, and reports that over 50% of vets registered every year in the UK come from abroad, mostly the EU.

[Helen Goodman]

My hon. Friend is making an excellent speech about the importance of the farming sector. She will know that we have had representations from the National Trust and the Royal Society for the Protection of Birds, which have millions of members, all of whom are concerned about biodiversity, which is what farmers support in this country. Farmers cannot provide the environmental goods if their income makes farming uneconomic.

[Angela Smith]

Mr Speaker, I did not get the extra minute for the second intervention.