Oral Answers to Questions

Hilary Benn Excerpts

Thursday 26th January 2017 Commons Chamber

[Mr Davis]

We already have done. In my one meeting with Mr Barnier, he talked about a sequential approach, which does not seem practical to me. It really is not possible to reach an outcome on either of the negotiations without a clear idea of the trade aspect of the negotiations. My right hon. Friend’s description is pretty accurate. I have said in terms that we intend all of this to be concluded within the two years.

[Hilary Benn (Leeds Central) (Lab)]

The Government say they want nothing further to do with the European Court of Justice but, as the Secretary of State well knows, in any new free trade agreement with the 27 member states there will have to be a legal arbitration mechanism whose rulings we will be obliged to implement. If the European Court of Justice is not acceptable, what court would be?

[Mr Davis]

It would not necessarily be a court. The right hon. Gentleman is quite right that most international—[Interruption.] Listen to the answer. Most international trade agreements have an arbitration mechanism, and that mechanism is normally preceded by a mediation mechanism, which is used more often. In the case of the Canada arbitration mechanism, for example, three people—one from each side and one neutral—are appointed by agreement. It is a fall-back if agreement cannot be reached, and it is a simple arbitration mechanism. There is all the difference in the world between a simple arbitration mechanism and a Court that reaches into every nook and cranny of your society.