Oral Answers to Questions

Huw Merriman Excerpts

Thursday 9th January 2020 Commons Chamber

[Lia Nici (Great Grimsby) (Con)]

4. Whether the UK will be required to comply with (a) EU law and (b) rulings of the European Court of Justice after the UK leaves the EU.

[Huw Merriman (Bexhill and Battle) (Con)]

5. Whether the UK will be required to comply with (a) EU law and (b) rulings of the European Court of Justice after the UK leaves the EU.

[Chris Clarkson (Heywood and Middleton) (Con)]

10. Whether the UK will be required to comply with (a) EU law and (b) rulings of the European Court of Justice after the UK leaves the EU.

--- Later in debate ---

[James Duddridge]

I agree with my hon. Friend. I recognise the importance of this issue as I, too, represent a coastal constituency. As we leave the EU, we will be an independent coastal state and we will introduce our own independent fisheries policy. We will be able to control access to and management of our waters. That presents opportunities for the UK fishing industry, and the Government are determined to make the most of such opportunities for the people of Grimsby and the rest of the United Kingdom.

[Huw Merriman]

On 30 January, I shall be holding a public meeting to explain the terms of the withdrawal agreement. When I held my last meeting relating to the previous withdrawal agreement, concern was raised about the European Court’s ability to determine issues that arise. Will my hon. Friend confirm that, under articles 167 to 181 of the new withdrawal agreement, while the Court can have matters referred to it, it cannot actually determine, because we will now have an arbitration panel, over which the UK will have a large degree of control?

[James Duddridge]

I can confirm that the withdrawal agreement establishes an arbitration panel as part of the standard mechanism for settling disputes between the UK and the EU. After 31 December, the Court of Justice of the European Union will no longer be the final arbiter of disputes under the disputes resolution mechanism. I look forward to an invite to my hon. Friend’s event.

EU: Withdrawal and Future Relationship (Motions)

Huw Merriman Excerpts

Monday 1st April 2019 Commons Chamber

[Peter Kyle]

I am very grateful to the right hon. Lady for her intervention. What a great sight she is for me to focus on, rather than what was going on in my peripheral vision and tempting my eyes elsewhere. The bottom line is—[Laughter.]

[Huw Merriman (Bexhill and Battle) (Con)]

rose—

[Peter Kyle]

I give way to the hon. Gentleman.

[Huw Merriman]

I thank the hon. Gentleman for giving way and for the constructive manner in which he has worked with those on the other side of the divide—albeit those who have come to the same conclusion as him. We can either keep going on and on, with Parliament being seen as an absolute failure that delivers nothing, or put the matter back to the people and get legal certainty. His is the only option that would give that certainty.

[Peter Kyle]

I am grateful to the hon. Gentleman. He has been a fantastic person to work with. Listening to him and learning from his experiences and from how he has approached his voting has informed how we can move forward based on compromise. The naked truth is that 202 Members have loyally voted for the Prime Minister’s deal three times now, and that is a principled stance. However, simply repeating the same exercise will not see loyalty rewarded.

--- Later in debate ---

[Huw Merriman (Bexhill and Battle) (Con)]

It is a pleasure to follow the right hon. Member for Derby South (Margaret Beckett). Like her, I will be voting for motion (E), but I will be doing so for very different reasons, and I wish to explain those reasons in the time I have.

I have been on the wrong side of all the EU votes when it comes to the arithmetic, with the exception of the vote for the Prime Minister to trigger article 50, when I was one of almost 500 MPs who voted for that to occur. Since then, I have voted for the Prime Minister’s deal three times, I have voted for no deal as the fall-back twice and I have voted not to allow an extension of article 50—on each occasion, I have lost. That has brought me to this place.

Motion (E) provides the opportunity to get the Prime Minister’s deal through, as much as it provides the opportunity for those who did not vote for article 50 to be triggered to revoke article 50. I am willing to take my chances and put the matter to the people, because I have given up on Parliament delivering a majority for the deal that I want. I am left with two choices. One is to find myself in meaningful vote 3,029, and the other—I say this as a former transactional lawyer working on a trading floor—is to look ahead and try to find a solution that will deliver what I want, which is to honour the vote in 2016. That is incredibly important to me. I worry about the democratic deficit of that not being delivered.

Of course, people could ask us why we are going back to the people. I say this with a great degree of self-loathing, but I am supporting this purely because Parliament is unable to reach a majority and a decision—we are stuck. Every Member of this House needs to face up to the reality and ask themselves, “How long can this go on? How much uncertainty will we allow business and our constituents to bear before we finally reach the conclusion that we need to find another option?”

[James Morris (Halesowen and Rowley Regis) (Con)]

My hon. Friend talks about uncertainty, but surely a second referendum, whatever way it is formulated, will just add to uncertainty ad infinitum. Why would people accept the result of a second referendum? It is an absurd position.

[Huw Merriman]

I do not believe it is absurd. With respect, it is more absurd us having debate after debate and vote after vote and achieving absolutely nothing. Alternatively, we can be realistic and say that Parliament is not delivering. I mean no disrespect to us, but that is the reality.

This motion gives certainty because unlike, for example, a customs union, which would then have to be negotiated, there are two options—one is revoke, which can be done but I hope will not be, and the other is the Prime Minister’s deal, which has been agreed with the EU—and they both automatically deliver certainty. The other options do not deliver certainty, and Parliament is not delivering anything at all right now.

[Mr Marcus Fysh (Yeovil) (Con)]

Will my hon. Friend confirm what he appeared to just say, which is that he would support there being two options on the ballot paper in a second referendum, one of which would be to revoke article 50? Is he representing the Chancellor when he says that?

[Huw Merriman]

I resent that point. No, I am not representing the Chancellor, otherwise I would be sat behind him on the Treasury Bench. I am representing my constituents and what I feel is right. I take umbrage at that.

Let us be reasonable. Let us look at compromise and at two differing views. It has been put to me that the options on the ballot paper should be no deal or deal. Of course that is what I would want, because those are the options I have voted for, but on the other side of the divide, if the options were customs union and single market membership or revoke, that would be no good for the 17.4 million. Let us choose options that might deliver something for both sides of the argument and then put it to the people and give certainty.

I do not say this because I have ever wanted a second referendum. As far as I was concerned, when we had the first vote, that was it. I said to my constituents that I would first support the deal, and if that did not work, no deal. My voting record shows that I have done just that, but it also shows that I have lost. Being a serial loser, I can either carry on in that negative vein or face reality and tell my constituents that we have to find a way through this—they want that more than anyone I speak to—and look for another solution. That solution, to me, is a confirmatory vote.

[Christine Jardine (Edinburgh West) (LD)]

Further to what the hon. Gentleman is saying, does he agree that a confirmatory vote is also the best way of healing the divisions, as it would give both sides the chance to have a view on the final deal, put it to bed once and for all, and move us forward?

[Huw Merriman]

It may well do so, although it would of course be fractious. I would certainly be embarrassed at the very fact that we had got there, but I support doing so on the basis of the reality in this place.

It has also been asked, would we not be better off having a general election? Again, however, I want certainty, and a general election would not deliver certainty. With all due respect to us all, it might deliver us back here again, and then we could carry on in the same vein as we have so far. I do not believe that that would be better, whereas the options I have laid before the House would provide legal certainty and that would be it. So far as I am concerned, I say with great reluctance that I will absolutely support a confirmatory vote because, to me, that is the only way we are going to deliver certainty. This place, I am afraid to say, has not done so.

Oral Answers to Questions

Huw Merriman Excerpts

Thursday 14th June 2018 Commons Chamber

[Mr Walker]

My hon. Friend makes an excellent point. We have made that abundantly clear, and the Prime Minister has been very clear that no UK Prime Minister could accept such a solution.

[Huw Merriman (Bexhill and Battle) (Con)]

Yesterday, I had the pleasure of meeting the chamber of commerce from Portugal. While, of course, it was sorry to see us leaving the European Union, its biggest concern with regard to the customs union was how long it was taking for the entire process to be put together—I hasten to add that we then had a potted history about how Parliament works, sadly. Can I ask the Minister to ensure that, whatever comes through this, we send a message to the Portuguese that they are absolutely with us and trading with us in the future?

[Mr Walker]

Absolutely. My hon. Friend makes an important point. Portugal is our oldest ally in the world—in fact, I think the longest-standing alliance in the world is between England and Portugal—and we want to ensure that the trade between us can continue to flourish, as we do with the trade between the UK and many other EU member states.

Leaving the EU: Economic Analysis

Huw Merriman Excerpts

Tuesday 30th January 2018 Commons Chamber

[Mr Baker]

I can tell the hon. Gentleman that the Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Worcester (Mr Walker), has been in contact with the Port of Holyhead, and we will continue our programme of engagement, well apprised of the need to keep talking to businesses, particularly those that provide our important infrastructure, such as the port in his constituency. He asked me when: I have said that, before the meaningful vote, we will make appropriate economic analysis available to the House.

[Huw Merriman (Bexhill and Battle) (Con)]

During referendum week, I was fortunate to speak to 25 schools, taking a neutral position. I visited two schools in the past fortnight, and the vast majority of the students, who would probably have voted to remain, wanted us to get on with the job rather than unpick it. Does the Minister agree that it is essential that we respect the ballot box system that elected us, engage more with our constituents and get on with the job in hand?

European Union (Withdrawal) Bill

Huw Merriman Excerpts

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

The UK Government have therefore now accepted that, in relation to citizens’ rights, UK courts will continue to have regard to relevant decisions of the Court of Justice of the European Union. I urge them to reconsider, in relation to all our rights and all our rights in retained EU law, whether the courts of the United Kingdom should be able to pay due regard to relevant decisions of the CJEU in future.

[Huw Merriman (Bexhill and Battle) (Con)]

The hon. and learned Lady is making a very interesting speech. Retained rights for EU citizens perhaps go that little bit further, because they are specific to EU citizens in this country—hence the reference, perhaps with a little more certainty, to the European Court of Justice—but she is seeking to imply that same strict standard for all retained EU law.

[Joanna Cherry]

The point I am seeking to make is that having vigorously resisted my amendment, which I tabled for the benefit of everybody living in the UK in relation to issues of certainty about the interpretation of retained EU law after exit day, the Government have now conceded some ground—they are going to provide that certainty for EU citizens living in the UK—so why, if it is good enough for EU citizens living in the UK, is it not good enough for UK citizens living in the UK? Perhaps even more importantly—this adds force to my argument—senior members of the judiciary, both current and retired, have very serious concerns that the wording in the Bill as it stands will involve them in having to make political decisions.

In the past few days, we have seen the kind of vicious opprobrium that can be levelled at those who are seen to have made political decisions on the constitution where the EU is concerned, and earlier this year we saw the level of opprobrium directed at senior members of the judiciary for applying the law. The judiciary’s concern, therefore, is very real. I am not here just to advocate for the judiciary; I am here to advocate for democracy, the separation of powers, and the protection of the constitution. I may well have, as my ultimate goal, an independent Scotland with its own written constitution, but as long as Scotland remains part of the United Kingdom I am very interested in preserving UK citizens’ rights and democracy in the UK as a whole and protecting the notion of separation of powers within the constitution.

The Government do not have to take my word for it. They should look very closely at the evidence given to the House of Lords EU Justice Sub-Committee on 21 November. Lord Hope of Craighead pointed out that clause 6(2), as presently drafted, gives them a discretionary freedom rather than an obligation. Lord Neuberger, the former President of the Supreme Court, said:

“Clause 6(2), as drafted—it is a matter for a judge whether, and if so in what way, to take into account a decision of the Court of Justice on the same point in the regulation or directive, rather than in our statute. The problem for a judge is whether to take into account diplomatic, political or economic factors when deciding whether to follow the decision of the CJEU. These are normally decisions for the legislature, either to make or to tell judges what to do. We talked about our system in this country of judges being given a wide discretion, but this is an uncomfortably wide discretion, because a judge will have to take into account, or in some cases will be asked to take into account, factors that are rather unusual for a judge to have to take into account and that have political implications. It would be better if we did not maintain this system of judges being free to take decisions into account if they saw fit, if they were given some guidance as to the factors which they can and cannot take into account. Otherwise we are getting judges to step into the political arena.”

The issue of how the judiciary are to be given guidance on the interpretation of retained EU law arises directly from the wording of schedule 5 and takes us back to the wording of clause 6(2).

[Joanna Cherry]

The Solicitor General is raising his eyebrows at me, but if he looks carefully at schedule 5, as I am sure he has, he will see that it talks about the procedure for interpreting retained EU law. That is why I am revisiting these issues. I am also revisiting them because former Supreme Court judges Lord Neuberger and Lord Hope gave this evidence to the House of Lords after our discussions on clause 6(2) in this House. It is new evidence that the Government really should take away and look at before Report.

[Huw Merriman]

In a former career, I would take cases and seek direction from the courts on what they believed the law, or previous cases, were intending. Courts and judges are used to exercising discretion. Clause 6(2) makes it quite clear that they may do so if they consider it appropriate, in the same way they can refer to Commonwealth judgments if they believe that to be appropriate. I do not recognise the picture of the judiciary that the hon. and learned Lady is painting.

[Joanna Cherry]

I recognise it, because in my former career I appeared regularly in the Supreme Court of the UK and the supreme courts of Scotland. The hon. Gentleman may not recognise my concerns, but if he shares my professional background, he should recognise the concerns of senior members of the serving judiciary and the retired judiciary. These are very real concerns. They are telling us that clause 6(2), as currently drafted, on how they will be directed to interpret retained EU law after exit day, does not give them the clarity they desire and would leave in their provenance issues that are political and economic, and factors that, to use Lord Neuberger’s words, are rather unusual for a judge to have to take into account. This is complicated.

--- Later in debate ---

[Mr Leslie]

I am sure my hon. Friend the Member for Brent North (Barry Gardiner) can speak for himself; he has done in the past and will do so again. I take the view that we should not shilly-shally on this issue, but stand up and say that there are risks to business and to our borders from our ports and airports being clogged up. We should also say that there is an economic cost—revenue costs for the Treasury—that could mean years of Brexit austerity ahead. All hon. Members, whichever side of the House we are on, need to recognise that some of the responsibility for these things will fall on our shoulders if we do not stand up now and say that staying in the customs union is the right way to proceed.

[Huw Merriman]

rose—

[Anna Soubry]

rose—

--- Later in debate ---

[Helen Goodman]

I would like to speak first about new clause 13, because, for my constituency, the customs union is absolutely vital. I have a lot of constituents involved in manufacturing—pharmaceuticals and the automotive industry, for example. On pharmaceuticals, I think Glaxo told the Health Committee yesterday that the cost it has already faced in making plans for how to deal with Brexit is £70 million. We keep asking Ministers for certainty, and there is none.

For farmers, this issue is also absolutely crucial. There is a big risk with the free trade agreements Conservative Members are arguing for that we get floods of cheap lamb imports coming in. That will destroy the uplands. It will destroy not just farming livelihoods but the British countryside.

On the automotive industry, my hon. Friends have spoken about the importance of having shared regulation. How do Conservative Members think the European Union will agree with them to have no tariffs if it thinks that we are going to compete on different regulatory standards? It is not going to agree that. Conservative Members need to get into the real world.

Let us look also at the scope for these new great, fantastic free trade agreements, taking New Zealand as an example. Its economy is the same size as the Greek economy. This is not some great, fabulous opportunity. All that the New Zealanders and the Australians want to do—whatever sentimentality people have about the Commonwealth—is to sell their agricultural produce into the British market.

Conservative Members were enthusiastic about the idea that they could do these deals quickly. In fact, because other parts of the world also have regional trading blocs, that is highly unlikely. Latin American countries, for example, belong to a regional trading block called Mercosur. They are going to be going at the pace of the slowest, not the fastest.

The reason why I think there is a distinction to be drawn between the customs union and the single market is the Irish border. Membership of the customs union is vital for the maintenance of the soft border, in a way that membership of the single market is not. That is because of the nature of free movement. What does free movement mean? It does not mean being able to go somewhere on holiday. It does not mean Schengen—we are not in Schengen now. Free movement means being able to have a job and to take part in the social security system elsewhere.

The way to deal with the free movement problem, which is undoubtedly the immigration problem that has been raised by our constituents on the doorsteps over the last two years, is to change the rules about who can work and who can be eligible for social security in this country; it is to stop giving out national insurance numbers like confetti, as we do at the moment. I am therefore pleased that we have had this separate moment to look at the customs union, and I hope that hon. Members will reflect more carefully on the great significance of the customs union for achieving what we want in Ireland.

I must say that I am not yet reassured by what the Minister said at the Dispatch Box about amendments 381 and 400. When amendment 7 was passed last week, there was a shift in power from the Executive to Parliament. With amendment 381, whether or not it is amended by amendment 400, we are seeing the Executive yank back control to set the exit date. What Ministers have not been able to explain to us this afternoon is what happens if the legislation under amendment 7 is not passed. They can still set the exit date.

I was going to say that Opposition Members see the Tory party as extremely unstable. We are not convinced that this Government, in their current form, will last the course. However, I could not say that nearly as fluently or as lucidly as the right hon. Member for Broxtowe (Anna Soubry) said it. She laid out the problems and the divisions far more fully than I ever could. But even if we do not look into the future, we can all be alarmed by what the Prime Minister said to the Liaison Committee this afternoon. That is why we cannot be confident in what this Government are doing, and that is why amendments 381 and 400 fatally undermine amendment 7.

[Huw Merriman]

It is a great pleasure to speak in the last half hour of the 64 hours of the Committee stage of the EU (Withdrawal) Bill. I am absolutely delighted to speak in support of amendment 400. I congratulate my hon. Friends on putting it forward. We now have a position akin to article 50, whereby we leave no later than two years from the trigger date. We know when that date will be, but we retain the flexibility should it be required. That shows a great compromise across the House, demonstrating to us and to the public at large that we are capable of finding a way through where we had some discord previously.

I listened intently to the points made by Opposition Members about requiring the Government to honour their commitment on amendment 7. The Government have done so. I therefore ask all those Members that the rest of the Bill that has not been amended be honoured on that basis as well. I very much hope that they have accepted that reciprocal commitment.

I have sat through eight hours in this Committee, and the key thing that strikes me is the lack of optimism and ambition that I have heard. That in no way reflects the country at large, this being the day when it has been announced that, for the very first time, the UK ranks first in the Forbes annual survey of the best countries for doing business. If Forbes had been tuning into this debate, it may well have been wondering if it had got the right country.

The reality is that the world is changing. We must of course look for trade with our European partners. The Prime Minister has set out quite clearly that we want to continue to trade with mainland Europe and to purchase the goods that we have always purchased from it, and we will continue to do so. However, let us take Africa, for example. Germany and Spain have declining populations. Africa has 1.2 billion people at present; by 2050, that will have doubled to 2.4 billion. There are trade opportunities for us to take advantage of. Remaining inside the customs union, as new clause 13 would have it, would not allow us to take advantage of those opportunities.

[Wes Streeting (Ilford North) (Lab)]

rose—

[Huw Merriman]

I will not give way because of the lack of time.

This also misses the point that we trade as part of the EU under WTO rules with a number of countries, such as the US, China, Hong Kong, Australia, Russia, and Saudi Arabia. To say that we cannot continue to trade with those countries under WTO rules when we already do so as part of the European Union misses the point.

I now come to the real point that I wish to make. During the referendum campaign, unlike many Members in this place I did not take a view. I chaired debates but I did not take any view. Instead, I listened to the arguments going on from both sides. I dare say that right hon. and hon. Members who took a view were not listening to both sides because they were so passionate about their own. I cannot remember any individual who wanted to leave the European Union arguing, “I fancy a bit of what Norway has got. I would like to leave the European Union and remain within the single market.” The customs union has also been mentioned in that context, but of course Norway is not part of the customs union. It is quite clear to most members of the public—it was certainly made clear by those on both sides of the argument—that the EU is effectively a brand. The substance of the EU is the single market and the customs union. If more people voted to leave the European Union than to remain, which was indeed the case, there is a very fair chance that those people knew what they were voting for, and certainly did not want to leave and then return through the back door, as many hon. Members have suggested.

This is the key part for me. I really believe—I put this respectfully—that many in this Chamber are seeking to re-engineer the arguments to get them on their side because they do not want to leave. Even though most of them voted to trigger article 50, so they have chosen to leave, they now want to redesign the terms. They are seeking to have the public on their side by asking, as the hon. Member for Bath (Wera Hobhouse) mentioned, that the public are asked what they think—as if we have a spreadsheet big enough for that. The reality is that the majority of the public have voted to leave. They now look to the Executive to lead the negotiations, and they look to Parliament to support the negotiations and provide scrutiny, as it is doing. Ultimately, they want us to get on with the job and to be optimistic and ambitious about the future of this country, rather than sitting on our hands.

[Peter Grant]

I am grateful for the chance to contribute to tonight’s debate. First, I will deal with new clause 56, which is in my name and those of many other hon. and right hon. Members from across the House. I am grateful to everybody who supported the new clause, which is designed to give legislative certainty to the people and businesses of Gibraltar. Having heard the Minister’s comments—a long, long time ago now—my understanding is that the Government of Gibraltar are happy that the assurances they have been given provide the certainty they are looking for. On that basis, I do not intend to press the new clause to a vote, but I want to reserve the ability to bring it back at a later stage should the position of the Government of Gibraltar change.

We have heard a lot this afternoon and tonight about the wonderful opportunities for trade that await the United Kingdom if we leave the customs union and the single market. I welcome the fact that although the Minister repeatedly said that we would be leaving the customs union and the single market, he did not say—I listened very carefully—that we had to do so. He did not say that it was impossible to remain in either or both when we leave the European Union, even though a lot of people on the Brexit side have said that. That is simply not true; it is perfectly possible to leave the European Union without leaving those two trading agreements. The Government’s decision to leave them is purely political and it was not part of the referendum, despite what some people say. It is not yet too late for the Government to accept that that is a catastrophically bad political decision and that it should be reversed, even if doing so would come at a high political cost for some.

Earlier, we heard the right hon. Member for Chingford and Woodford Green (Mr Duncan Smith) justifying the need to leave the single market because the losing side in the referendum said that we had to. I am quite happy to go through some of the things that were in the losing Conservative manifesto in Scotland about what would happen if people voted SNP. If we are going to be bound by the promises that the losing side made, the SNP is in for a bit of a field day.

I still find it astonishing that there are Labour Members looking for a complete exit from the European Union. Only today, the Court of Justice of the European Union delivered a massive victory to Uber drivers and workers by ruling that Uber is a taxi business—surprise, surprise; that is what it is. The ruling has given Uber drivers massively better employment protection than they would have had without it. I cannot believe that any Labour Member would argue to remove those drivers from the protection of the European Court and leave their employment rights at the mercy of a Conservative Government, but that is what at least one Labour Member, the hon. Member for Vauxhall (Kate Hoey), argued for just now. I know that she is very much in the minority in her party, but I am astonished that a Labour Member can express such views.

The same hon. Member commented on how much of the UK’s trade is done outside the European Union. She forgot to mention that if we include the trade that relies on trade deals that the European Union has already made with big trading nations, more than 60% of the UK’s trade effectively depends on the European Union. When we build in the trade deals that the European Union is in the process of finalising, the figure increases to 88%. In other words, in a couple of years’ time, 12% of the United Kingdom’s overseas trade will not depend on our membership of the European Union. Twelve per cent. of our trade will probably be guaranteed, but the other 88% is up for grabs. Believe me, a lot of other trading nations will be very keen to nibble away at that 88%.

I want to comment on the confusion of the hon. Member for Edinburgh South (Ian Murray). His stamina also seems to have deserted him, although I cannot say that I blame him. He said tonight, as he has said on several occasions, that he cannot understand the contradiction between the Government’s statement that we can have free, open and easy trade across international borders, and their insistence in the run-up to the independence referendum in Scotland—where, by his own admission, he shared a platform with some people who are now on the Conservative Benches—that that would not be possible.

I can put the hon. Gentleman out of his misery. There is no inconsistency. What the Government are saying now is correct, and what they and he said in 2014 was complete and utter rubbish. There is absolutely no need, in today’s modern world, for an international border to be anything more than a line that demarcates the jurisdictions of different Parliaments, Governments and courts. That is how international borders are seen all over western Europe, and that is the kind of international border we should be seeking. It will be difficult if not impossible to maintain open borders, even the open border we want to maintain across the island of Ireland. It will be difficult to deliver what the people of Northern Ireland so desperately want to maintain if we leave the customs union and the single market.

--- Later in debate ---

[The First Deputy Chairman of Ways and Means (Mrs Eleanor Laing)]

I call Suella Fernandes.

[Huw Merriman]

Last again.

[Suella Fernandes (Fareham) (Con)]

Saving the best till last, perhaps.

I rise to speak in favour of amendment 400, to which I am proud to have put my name. I applaud the constructive efforts and sincere energies invested in the amendment by right hon. and hon. Members across the Brexit divide, uniting our party and working in collaboration with the Government to improve the Bill and to reflect the genuine concerns voiced during that process. I pay tribute to the Front Bench team and the civil servants, as well as all those who have contributed to enriching the passage of the Bill during the extensive opportunities we have had for scrutiny, debate and discussion.

Amendment 400 represents a very sensible and pragmatic way forward in resolving some of the concerns raised. It provides legal certainty because, by placing the exit date in the Bill, we will have confirmed the time and date when the UK will be leaving the EU in accordance with article 50. It will ensure that the operative provisions of clauses 1 to 6 apply from that date, and it avoids a potential failure in the construction of clause 3 in that, if exit day was later than 29 March 2019, the conversion of direct EU legislation might fail. That is because clause 3(1) applies to such legislation only in

“so far as operative immediately before exit day”,

but that legislation will cease to be operative when we leave the EU in accordance with article 50. It also limits ministerial discretion, which, after all, is to some extent what Brexit is about. Brexit is about restoring power to Parliament and about giving elected representatives a say. Finally, the amendment complements those two objectives by providing a degree of flexibility on the exit day. The Prime Minister confirmed earlier today that the date might be changed only in exceptional circumstances and for a short amount of extra time.

I want to comment on the Bill more generally. I think that 2017 has been an extraordinarily successful year for Brexit. The Government have triggered article 50, supported by a convincing and large majority of this House. The Prime Minister has moved us on to phase 2 of the negotiations, and we are now at the point of discussing the exciting and new opportunities for future trade. The Bill has also been very successful in its passage.

I want to emphasise the fact that we are making progress. Everybody here in this House has been entrusted with the instruction from the British people to deliver Brexit. We want a smooth and a meaningful Brexit. That is an honour and it is also a duty. The British people are watching, and the world is watching. They might not be interested in the technicalities of constitutional law, or know exactly what the common commercial policy means, but they want us to get on with the job, and to do otherwise would be a gross betrayal of that duty.

We have to talk up the opportunities. We are the sixth-largest economy in the world. We have the world’s language. We are leaders of the Commonwealth. We have a legal system emulated around the world, a parliamentary system envied by other countries, and financial services that are unrivalled. Britain will succeed after Brexit, and we have to find ways in which we can deliver Brexit, not reasons why we cannot.

Exiting the EU: Sectoral Impact Assessments

Huw Merriman Excerpts

Wednesday 1st November 2017 Commons Chamber

[Huw Merriman (Bexhill and Battle) (Con)]

From the mood music in the Chamber, and from what I am hearing from the two Front Benches, it appears that the Opposition feel confident that their motion, if it is not successfully opposed, will to some extent cause the Government to release the papers. I therefore work on the basis that that may well be the case.

What will the papers look like, and what would be a responsible position for both sides of the House to take with respect to that information, and particularly with respect to redacting certain information that may be deemed commercially sensitive to the organisations that have provided it? I ask that question in the true spirit of transparency, because, if information that has been passed to the Government on the basis that it would not be released thereafter is subsequently released—there may be confidentiality agreements in place, albeit they would not survive a vote of this House— the danger is that those companies would not be as willing to provide so much information to the Government, and therefore to the House, in future. Perhaps the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) will be able to work on that basis with Ministers to ensure that, in making this a success, we do not end up lacking information from our business partners.

I sit on the Select Committee on Transport and, despite having sat for only a few weeks, the Chair, the hon. Member for Nottingham South (Lilian Greenwood), has already twice had to warn Committee members not to leak documentation. That is a difficulty, and I hope that if, indeed, the reports do go to the Brexit Committee, the right hon. Member for Leeds Central (Hilary Benn) will take all the steps he can to ensure that, if certain redacted information is given to Committee members, we try to preserve the spirit in which those organisations delivered that information.

Looking beyond this challenge, and working on the basis that this information is to be given, I absolutely favour transparency and more information in the process; I am incredibly interested in what organisations have to say. I am well aware that often the advice of civil servants would be cautious, but I hope that Government Members will look beyond that and recognise that if we do not publish information—and we are therefore where we are today—Members such as the hon. Member for Glenrothes (Peter Grant) will try to make out that there is a conspiracy or a smoking gun in the documentation. There may well be nothing of the sort, beyond cautious civil service advice. I hope that my side can take that into account.

I stand here as someone who voted remain in the referendum, although I did not campaign for the remain team. I spoke to my constituents, held a series of meetings and wrote to 40,000 households to give them information about both sides of the argument, and then I very much left it to them to decide. I do not believe they were duped when it came to the decision. I find it patronising beyond belief when SNP Members say that all my constituents, 60% of whom voted the other way from me, did so on some false basis and are not capable of making their own decisions. It is incredibly patronising to my constituents and many others to be told that. I left it to my constituents to make their decision and they did so, and it is my job, as a democrat, to ensure that that decision goes through.

[Anna Soubry]

Does my hon. Friend not accept that it is becoming clear that a number of promises made to people who voted leave will not be kept and that, in fact, the opposite is happening? Those people will not get £350 million a week for the NHS; they will not see the scrapping of all the regulations and so on, because they will be embodied in British law; they will not see a particular reduction in immigration; and, arguably, they will not be better off. It is not that they were stupid by any means—they were simply conned.

--- Later in debate ---

[Huw Merriman]

The danger with that argument is it presupposes that everybody in this Chamber knows exactly the reasons why people voted the way they did. The reality, from the question on the ballot paper, is that more people voted to leave than voted to remain. That is all we know. We do not know the reasons why and it would be wrong for us to try to interpret them. I have been elected by those same constituents, so of course I would say they are right, but SNP Members may wish to think about the same principle: for whatever reason, they came to that decision and they were right.

What I want to do is make a success of it. This is the big concern about this debate, which is a great technical debate that I have found interesting, as a lawyer. The question is whether it moves us forward to making a success of leaving the EU? We must remember that 498 out of 650 Members of this House voted to trigger article 50. Surely it follows that it is in their interests to make a success of a decision that, ultimately, they made. Yet time and again the House is used as a mechanism to slow the process down and try to defeat the ultimate goal of those who voted in that manner. I find that a terrible shame.

[Angus Brendan MacNeil]

rose—

[Huw Merriman]

I will not take any more interventions; the hon. Gentleman will have his own time.

As I was saying, I find that a shame. On Monday, our Transport Committee heard from four leaders—those of British Airways, EasyJet, Manchester airport and Heathrow airport. We challenged them on whether this would be a success for industry and they could not have been more confident that it would be. They were confident in their industry, but with the proviso that, between industry and politicians, we would make a success of it. My concern is that politicians seem to be the ones who do not have it in them to make a success of it. Again, I challenge all hon. Members who voted to trigger article 50 to talk this process up and make a success of it.

[Mr Jenkin]

On a point of order, Madam Deputy Speaker. I have been listening carefully to the exchanges in the debate. The motion on the Order Paper is clear and unqualified: it says that the impact assessments should

“be provided to the Committee on Exiting the European Union.”

During the debate, though, those who proposed the motion and others who support it have suggested that parts of those documents might be withheld. Have you received an amendment to the motion that might qualify what should be provided to the Select Committee, or is it for the Government to interpret what they should do after the debate?