Department for Exiting the European Union Debate

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Department: Department for Exiting the European Union

Department for Exiting the European Union

Hilary Benn Excerpts
Monday 26th February 2018

(6 years, 2 months ago)

Commons Chamber
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Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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May I begin by saying that I welcome the fact that the House now has the opportunity to debate estimates? Like many Members who previously served in local government, I was astonished when I first arrived that the House of Commons appeared to spend no time at all discussing the Government’s expenditure, when many of us would have sat through many hours of committee meetings poring line by line over the expenditure plans of the local authorities of which we were members. I doubt that this debate—this is already evident—will feature the kind of consensus we saw in the last debate on the need for more expenditure. I have to confess that this is one area of Government spending where, to be frank, I wish we were not spending anything at all, but we are where we are following the referendum result.

I will, however, just pick up on one point made by the hon. Member for North East Fife (Stephen Gethins), whom I congratulate on having secured this debate. Perhaps if the Government had not wasted so much time repeating the mantra, “No deal is better than a bad deal,” we would not be spending so much money on preparing for no deal, which would be clearly disastrous for the British economy and, frankly, I say to the Minister, would never get through this House of Commons. That is a consequence of choices that the Government have made.

It is fair to say, and not to be argued with, that relatively little preparation had been made in government for a leave result in the referendum, but clearly the establishment of DExEU was a logical and necessary consequence. I have to say, however, that the civil servants and, indeed, the Ministers who work in the Department face a really substantial and highly complex task, because for 45 years our trade, laws, relationships, rules and standards have been inextricably intertwined with those of our European friends and neighbours. The task we now face is the process of pulling out the plug of that relationship while trying to fashion a new plug in the course of negotiation, and everyone is wondering, when we stick it in the socket and press the switch, what will still work and what will not. The honest answer is that, as things stand, we just do not know.

The Department, of course, has been established from scratch and has recruited very able people from all across Whitehall. Lots of civil servants wanted to work in DExEU because of the nature of the challenge, which is a once in a generation—probably a once in a civil service career—opportunity. The Department has been set the task of both understanding the implications of Brexit and of advising Ministers on the choices that might be made in how to handle it.

On the first of those tasks, drawing on my experience as Chair of the Select Committee, I know that, in truth, the more we look, the more we encounter questions that currently have no answer. On the second, it was clearly sensible of DExEU to, in effect, subcontract to other Government Departments the task of talking at the start of the process to stakeholders about the important issues that Brexit raises, but I have to say that, when it comes to development of policy, I have a great deal of sympathy with civil servants. Unusually, they are not suffering from a lack of money; they are suffering from a lack of clarity from the people who head the Department, Ministers, the Prime Minister and the Cabinet about what the UK Government want.

In my experience, if you give direction to the civil service, it will get on and do the task using all the expertise, energy and ability for which it is highly regarded in this country and around the world. However, all those qualities cannot make up for a lack of leadership, let us be frank, caused by the divisions—open secret—in the Cabinet on what the right thing to do is. It is not surprising that the Prime Minister sought to move Olly Robins, who was the permanent secretary in the Department for Exiting the European Union, across to the Cabinet Office to work directly to her rather than remain in his role as permanent secretary.

Looking at the scrutiny that has taken place thus far of DExEU—reference has been made in part to some of it—the National Audit Office said in July last year that the Government had failed to take a unified approach to talks with the EU. The Comptroller and Auditor General commented, in a rather unusually colourful way, that the Minister had left hopes of a successful Brexit at risk of falling apart “like a chocolate orange”. I suspect that when the history of Brexit comes to be written there will be a special footnote for chocolate oranges, “Mad Max” and this week’s favourite phrase, snake oil. Frankly, they could remain in the dustbin of those footnotes as far as I am concerned.

In November, the NAO reported on DExEU and the Government’s preparations for Brexit. It said, as we heard from the hon. Member for North East Fife who opened the debate, that 310 work streams had been identified. Some mid-sized Departments, in particular the Department for Environment, Food and Rural Affairs but also the Department for Business, Energy and Industrial Strategy, have a lot of issues they need to grapple with. Not surprisingly, there is a lot of work to be done. They have to formulate policy, draft legislation, consult with the devolved Administrations and, in some cases, new systems and processes have to be invented. One task facing the Home Office is how to document 3 million European citizens when, because of the system of free movement we have operated, we do not know who some of them are. The Treasury always starts by saying to Departments that they will have to do all that within their existing budgets, but we know that last summer and autumn it had to review and agree bids for additional funding for 2017-18.

There is a very complex structure across Whitehall for dealing with Brexit, but the Public Accounts Committee suggested:

“No one in the civil service is clearly responsible for making sure that arrangements overall are fit-for-purpose for Brexit.”

In its report of 7 February, the PAC concluded that

“Government Departments have got to face up to some very hard choices”

and that

“the Department for Exiting the European Union (DExEU) and the Cabinet Office do not have a robust enough plan to identify and recruit the people and skills needed quickly.”

I note the high turnover in staff in DExEU. It said there was a need for

“much greater transparency from DExEU, HM Treasury and the Cabinet Office on formally setting out who is responsible for what and on the progress that is being made.”

It said that accountability was unclear and that that

“risked undermining speedy decision-making”.

I will come back to that point. It also said that there was a

“paucity of information in the public domain”.

On that last point, it is frankly extraordinary that so many decisions have been made about the kind of Brexit the Government wish to pursue in the absence of any estimate, any evidence or any analysis whatever. When the Secretary of State admitted to me, in testimony to the Select Committee, that when the Cabinet decided to leave the customs union it had done so without having before it any assessment whatever of the economic impact, that said it all. Having given Parliament the impression that detailed impact analysis was being done on different sectors of the economy, we were—I think the whole House was—astonished to discover that this was not the case. It was not a lack of money in the estimates that caused that; it was a lack of policy and an apparent lack of interest.

We have before us the exit analysis, which the latest Humble Address instructed the Government to pass over to the Select Committee and which has been shared in confidence with all Members of this House and the other place. We have had the chance to see it, and the public have had a chance to read part of what it says, courtesy of BuzzFeed and the Financial Times. We know that for the first time it has attempted to look at some costs of the different choices when it comes to our future economic relationship with the European Union, although Ministers have said from the Dispatch Box—indeed, they were at pains to point it out when we debated the Humble Address—that it does not include the Government’s preferred option. I presume the reason is that those who were doing the modelling did not know what the Government’s preferred option was at the time they undertook that work.

The Brexit Committee has decided that it is minded to publish the Government’s EU exit analysis, but it has asked the Secretary of State whether he would wish any specific details to be redacted on the basis that they would either be sensitive to the negotiations, market sensitive or commercially confidential. As a Committee, we have always argued in favour of as much transparency as possible in the process, without damaging our negotiating position. If we are going to be able to do that, we need as much information as possible.

If the press reports of what the exit analysis has to say are correct, it is clear that the economy will be less big and less strong than it would otherwise have been, because of Brexit. Incidentally, that assessment is shared by many other organisations that have done their own economic impact assessment.

Peter Grant Portrait Peter Grant (Glenrothes) (SNP)
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Will the right hon. Gentleman give way?

Hilary Benn Portrait Hilary Benn
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I will, to my fellow Select Committee member.

Peter Grant Portrait Peter Grant
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It is now in the public domain, I think for the first time, that the Committee intends to publish as much of these documents as possible. Does the right hon. Gentleman see the contradiction in the two claims that have been made by those who oppose publication? On the one hand, the documents contain information that would be very useful to our negotiating partners or opponents in the Brexit negotiations, but on the other, they are so unreliable that they are no good to anybody. Does he accept that there is a blatant contradiction that the Government have to address?

Hilary Benn Portrait Hilary Benn
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The hon. Gentleman anticipates exactly the point that I was going to make. I should point out that the information about the Committee taking that decision last week came into the public domain when our minutes went up on our website, so it is available for everybody to see.

I was just about to say that the assessments of the economic impact of some policy choices that the Government face have been hotly contested by some. Civil servants have been accused of producing figures to support views that they already hold, rather than undertaking an objective examination of the evidence. I have to say that to attack civil servants and Government economists in this way is both wrong and unfair. The right hon. Member for East Antrim (Sammy Wilson), who is also a member of the Select Committee, was absolutely right to make the point that the analysis is, rightly, heavily caveated. That is important, because trying to forecast what the future holds is a difficult business, as we all know, and there is a strong argument for saying that if the information is going to be in the public domain, the nature of the caveats should be too.

Marcus Fysh Portrait Mr Fysh
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Does the right hon. Gentleman think that there is enough information in the impact analyses to judge whether the impact assessments are objective?

Hilary Benn Portrait Hilary Benn
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I made the point a moment ago that Government economists and the Treasury are not the only people who are trying to look at the economic impact of leaving the European Union and what the alternative models might produce. I presume that all the other ones have already been published; they all show the same picture. Indeed, the best indication we have had since the referendum result of what the world thought of the British economy’s future value came the day after, when the pound fell. The world looked at the United Kingdom and said, “You’re not going to be as well off as you were. The economy is still going to grow”—let us not get that wrong—“but it will grow less than it would have done had you not left.”

All I am arguing is that we should make the effort to try to understand. Having been a Cabinet Minister and having looked at many impact assessments when legislation was coming forward, I know that we do this for all sorts of things that are really quite minor by comparison with this absolutely fundamental change that the country is facing. That is why, for me, it is inexplicable that so little work has been undertaken by the Government in an attempt to assess the situation so people can then look at it. The other point I would make is that if that assessment had shown that the British economy would be better off, the report would not only have been published yonks ago, but would already be gathering dust on our bookshelves.

Marcus Fysh Portrait Mr Fysh
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I have looked at forecasts for many years as a professional. I share the right hon. Gentleman’s concerns about these impact forecasts, but perhaps for different reasons. They have absolutely no value as a decision-making tool. Frankly, I am shocked at how poor and poorly constructed they are. I encourage all hon. Members to read them in detail and see exactly that.

Hilary Benn Portrait Hilary Benn
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Different Members will draw different conclusions from what they read. It sounds to me that the hon. Gentleman is making an argument in favour of openness, so that everybody can make a judgment. In the circumstances, that would be a very wise thing to do.

My last point is that the argument we are currently having in the political world about membership of the customs union as opposed to leaving it, which is the Government’s policy, is all about what is in the best economic interests of the United Kingdom, our businesses, and the jobs and communities that depend on them. I say to my hon. Friend the Member for Darlington (Jenny Chapman), who occupies a position as shadow Brexit Minister, that I unreservedly welcome the fact that there is now a growing consensus in the House in favour of remaining in a customs union with the European Union after the transition period. As hon. Members will know, I have been arguing for that for a very long time. It is supported by, among others, the CBI; it would remove any risks of a return to tariffs and help to ease concerns about supply chains; it would be an essential first step, but not the complete answer, to ensuring a free and open border between Northern Ireland and the Republic without infrastructure; and it would also save money—the hon. Member for North East Fife made the point that, if we are in a customs union, we will not need to recruit a load of new customs officers.

The House will face that choice in due course, however long the Government delay the Trade Bill. To the two SNP Members who have spoken, I should say that, despite their slightly ungenerous characterisation of the policy position announced by the Leader of the Opposition and the shadow Brexit Secretary over the last two days, I trust that, when the vote comes, the SNP will be in the Division Lobby with Labour Members and others.

Hilary Benn Portrait Hilary Benn
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I am looking forward to confirmation of that now.

Angus Brendan MacNeil Portrait Angus Brendan MacNeil
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The confirmation I would need is this: what is the difference between “a customs union” and “the customs union”? I said that there are many other possibilities—an infinite number—but I am sure the right hon. Gentleman knows exactly what it means.

Hilary Benn Portrait Hilary Benn
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I hope that that is not a caveated expression of support. My interpretation of “a customs union”, as opposed to “the customs union”, is that it would bring all the same benefits—

Angus Brendan MacNeil Portrait Angus Brendan MacNeil
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They are the same thing.

Hilary Benn Portrait Hilary Benn
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Indeed. There is a legal argument about whether one can remain a member of the customs union if we are not a member of the European Union. But SNP Members need to be careful: if we go through the Division Lobby and discover that they are sitting on their hands when we have the chance to say to the Government with one voice—we should not weaken—that the view of those who think that staying in a customs union is right—

Hilary Benn Portrait Hilary Benn
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I will give way to the hon. Member for North East Fife.

Stephen Gethins Portrait Stephen Gethins
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As usual, the right hon. Gentleman makes an excellent point and is making an excellent speech. I agree with much of what he has said and look forward to defeating the Government in due course. However, one challenge we have is this. The Government are on the ropes; will he gently nudge Labour Front Benchers to get behind the single market as well as the customs union?

--- Later in debate ---
Hilary Benn Portrait Hilary Benn
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I take that as an endorsement of the development of our policy announced by my right hon. Friend the Leader of the Opposition and the shadow Brexit Secretary over the past two days. I notice the slightly different approaches of the hon. Gentleman and the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil). I want us to continue to develop our policy. I have always said openly that the single market issue is more complicated because of free movement, but where we can find common ground with some Conservative Members, we need to maximise that unity of purpose and strength. In the end, if the Government are forced to realise that they cannot get policies through the House of Commons, they will have to change their mind. As I said in my last speech in the House, if the Government will not do their job, the House will have to do it for them.

Angus Brendan MacNeil Portrait Angus Brendan MacNeil
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Will the right hon. Gentleman give way?

Hilary Benn Portrait Hilary Benn
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Other Members want to speak. I have given way already, and I am about to bring my remarks to a close.

It seems to me that the estimates we should really be discussing are our best estimates of the economic impact of Brexit. We are now running out of time. It is 19 months since the referendum, and there are nine months to go in the negotiation, but, crucially, there is one month until the European Union draws up its negotiating guidelines for the new economic relationship. If we do not get a move on, we run the risk that options that the House—or, heaven knows, the Government, if they change their view—might want to pursue are closed off by the EU in the negotiating guidelines for want of clarity about what the United Kingdom is seeking.

Bill Grant Portrait Bill Grant
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Will the right hon. Gentleman give way?

Hilary Benn Portrait Hilary Benn
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I will, but then I must end my speech.

Bill Grant Portrait Bill Grant
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I thank the right hon. Gentleman. I am standing up without holding on to the ropes at the moment.

I am thoroughly enjoying the right hon. Gentleman’s balanced and informative speech, but should he not consider the possible thoughts of, for example, the Dutch flower growers, the Italian Prosecco producers, the Italian winemakers and the German car manufacturers? I am sure he agrees that they will wish to do business with the United Kingdom, because we are a good country to do business with.

Hilary Benn Portrait Hilary Benn
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The Prosecco and BMW car analysis of our future economic relationship with the European Union—we heard a lot of it during the referendum—simply fails to understand the sheer complexity of the task that we now face. The customs union, in one sense, is the easy bit. When it comes to our future relationship with the internal market and the whole question of divergence, which we may hear more about from the Prime Minister when she speaks on Friday, I can tell the House, following our discussions in Brussels a week ago with the Select Committee—colleagues who were there can confirm this—that the moment the Government start to talk about divergence, two things happen with the European Union.

First, the EU asks, “Divergence where? How? What will it mean? How will we manage the process?” It has experience of the Swiss-type deal, which is basically 60 deals, which it loathes because of the complexity of the task and the need to continue to negotiate and, in effect, renegotiate with Switzerland how the relationship will work. The second issue that the EU raises is this: it is afraid that we will use freedom to gain the competitive advantage of being able to sail through the door that the Government are asking it to leave open for us when it comes to trading goods and services.

We are now learning that after the simplistic promises—“You can have your cake and eat it”, “There will be a deep and special partnership”, and all that sort of stuff—we have come to the end of that approach to Brexit. Now is the time for choices. The Government will make their choice, and we will have to live with the consequences, but it will be very apparent to Ministers—not least, I am sure, from the exchange of views around that room in Chequers—that there are trade-offs to be made, depending on what it is that we want.

I have argued passionately for remaining in a customs union not only because I think that it is in the best interests of British business, but because of the question of Northern Ireland. Believe you me, if we are to meet the very high bar that the Government have rightly set for maintaining an open border—the Select Committee made this point in its report at the end of last year—I do not see how that can be reconciled with the Government’s current policy of leaving the customs union and the single market. What we need now are clarity and certainty, and we need them with speed. Above all, however, we need the right policies for the economic future of the United Kingdom.