EU Retained Law

Iain Duncan Smith Excerpts

Wednesday 22nd June 2022 Commons Chamber

[Mr Rees-Mogg]

The hon. Gentleman was kind enough to thank me for an advance copy of my statement; it is a pity, then, that he did not read it, because so many of his questions were answered there. He wants to know what the purpose is—the purpose is supply-side reforms that are essential for dealing with the cost of living crisis. [Interruption.] He quotes “marginal”, so he did pay attention to one thing, but he then wrenched it out of context to use it in a way that shows he was not following the argument. Each individual item is marginal, but cumulatively they are fundamental. That is how we have supply side reforms.

There are endless obstacles in the way of doing business—hundreds and thousands of them—and our job is to find them, expose them and remove them and to have a Bill that makes that simple. If you had to have primary legislation to remove every stone from your shoe, Madam Deputy Speaker—no doubt they are very elegant shoes that no stone would dare enter, but nonetheless, should a stone enter and we needed primary legislation to remove it, that brave stone would remain there almost permanently. What we are doing is speeding up the process so that stones may be removed from shoes.

Then the socialists complain that the agreement was not up to scratch. Bear in mind that at that point the Labour party still did not want to leave the European Union. It was still arguing about things such as a second referendum. Labour Members did not want to follow what the British people had voted for, and now they want slavish acceptance of EU laws. Have we not had a socialist recently calling for the single market to be where we should end up again? That is where they want to be: under the yoke of Brussels, ignoring the referendum and the will of the British people.

The hon. Gentleman also thought that this dashboard should be released before my statement to Parliament. Some people may remember that I used to be Leader of the House, and in that role I was regularly hearing from Mr Speaker about information being given out before it had come to the Floor of the House. I see my hon. Friend the Member for Wellingborough (Mr Bone) nodding—he would be the first to raise a point of order.

I am glad that there are a few socialists in today, rather than being on picket lines. It might be that when they are on their picket lines, they could read a bit of “Erskine May” and the Standing Orders of this place to understand that things are meant to be announced here first, which is what we are doing.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

May I congratulate my right hon. Friend on having made this statement? It is quite right that we need to get on with this. To those who complain about not having absolutely everything done now on the Floor of the House by primary legislation, I say that so many of these rules and regulations were imported without so much as a single element being dealt with on the Floor of the House, so we need to ensure we get this in balance.

Can I press my right hon. Friend on general data protection regulation rules? One of the problems we have is that many charities, small businesses and start-ups face real cost problems and regulatory detail problems that they cannot cope with, and they have cried out for changes to be made. Will he confirm to me that this is one of the areas that the Government will look at to make sure that those charities, companies and individuals do not face anything like the terrible bureaucratic mess that is the regulations today?

[Mr Rees-Mogg]

My right hon. Friend makes two very good points. The first is that it is important to note that most of these laws came in using the section 2(2) power under the European Communities Act 1972. The vast majority were not subject to a parliamentary process, despite the diligence of my hon. Friend the Member for Stone (Sir William Cash), the Chairman of the European Scrutiny Committee. When we asked for debates on the Floor of the House in that Committee, they were often not given, and the debates that were held in Committee could not refuse or block a European law—even the ports directive, which everyone was united against. This great flood of regulations came in without so much as a by-your-leave from this House, and my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) is right to point that out.

My right hon. Friend makes a good point on GDPR, and it is worth bearing in mind that Australia has a general exemption from GDPR for smaller businesses. Whether we can go that far, I do not know, but I will certainly take his point up with my right hon. Friend the Secretary of State for Digital, Culture, Media and Sport.

European Union (Withdrawal Agreement) Bill and Extension Letter

Iain Duncan Smith Excerpts

Monday 21st October 2019 Commons Chamber

[Stephen Barclay]

As I have said in response to several questions, the Prime Minister is entitled to express his view, and that should not come as a surprise to the hon. Gentleman. The Prime Minister has complied with the law, and leading legal figures such as Lord Pannick accept that he has done so. In addition, he has set out his view, as he is entitled to do.

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I had not planned on speaking, but I just wanted to make a clear point that “Match of the Day” trumps anything else as far as I am concerned every time. Will my right hon. Friend explain something to me? It finally appears to be the Opposition’s position, although I am never clear whether that will change next week, that they want to have a second referendum. Will he explain what anybody could say to the British public when they say, “We didn’t trust you last time. Now you have to trust us that we will trust you again on a second referendum.” How could they possibly believe or trust British politicians again?

[Mr Speaker]

I must tell the right hon. Member for Chingford and Woodford Green (Mr Duncan Smith) that he shares that penchant with the late and great Anthony Crosland, who greatly enjoyed watching “Match of the Day”. He would often have colleagues around the dinner table in his home and they would be discussing political matters, but moments before “Match of the Day”, Crosland would make it very clear that all further political discussion must cease as he proposed to watch the programme. He would usually don a bobble hat while doing so.

European Union (Withdrawal) Acts

Iain Duncan Smith Excerpts

Saturday 19th October 2019 Commons Chamber

[Stephen Barclay]

I very much agree with my hon. Friend, who speaks not just for his constituents but for people and, indeed, businesses up and down the country who want to see Brexit done.

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

Does my right hon. Friend agree that those who now call for a second referendum have denied the result of the first referendum? How, then, could the British people ever trust us to follow through on a second referendum?

[Stephen Barclay]

I very much agree with my right hon. Friend. Indeed, some of those voices distrust not only one referendum but two referendums, and now they want a third referendum on which to campaign.

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[Keir Starmer]

I have never accepted the proposition that insuring the country against no deal undermines the negotiations. I remind Members that at no point in the two years of the negotiating window that closed on 29 March did the House take no deal off the table. The entire negotiations were carried out with the risk of no deal. The previous Prime Minister brought back a deal, and half her own side would not vote for it.

[Mr Duncan Smith]

The right hon. and learned Gentleman is being very generous in giving way. May I take him up on the very philosophical and logical argument that he is now trying to make? The argument from the Opposition Dispatch Box seems to be that the Opposition must have the European Union to protect them on workers’ rights because there is almost likely to be a permanent Conservative Government that will threaten those workers’ rights. Why do Labour Members not have the courage to say that they would fight an election, would make the case for stronger workers’ rights and would win that election, which would be democracy in action rather than someone else protecting them?

[Keir Starmer]

Of course we would, but the point is this, and it has not been answered by any of these interventions. Since the current rule allows you to have higher standards, why do you write into the deal that you want to diverge?

European Union (Withdrawal) (No. 6) Bill

Iain Duncan Smith Excerpts

3rd reading: House of Commons & Committee: 1st sitting: House of Commons
Wednesday 4th September 2019 Commons Chamber

[Stephen Kinnock]

As my right hon. Friend the Member for Don Valley (Caroline Flint) said on Second Reading, we are ready to work every hour of every day, 24/7. The 31 January date is named in the extension document, but if we can get this done before then, and indeed before 31 October, yes—and the huge advantage is that it is on the shelf and ready to go.

We would not have to accept the withdrawal agreement Bill as it stands in its entirety. We could add amendments in Committee; we could improve it, just as with any other legislation. Those who are campaigning for a second referendum can even try again to add a confirmatory vote in Committee, if that is the way they wish to go. As I said earlier, I myself would consider trying to introduce something nearer to a common market 2.0 approach. All those options would be open to us in Committee, but we have to get the Bill over the line on Second Reading. The reality is that whatever angle we are coming from in this deeply divided and fragmented House, the withdrawal agreement Bill is the only game in town if we want to make progress.

Our second substantive proposal calls on the Government to publish a copy of the draft Bill to implement the withdrawal agreement between the United Kingdom and the European Union within five working days. The draft Bill must include provisions reflecting the outcome of the inter-party talks. We know that that document exists, and we need to see it published so that we can give it the scrutiny that it requires.

For any Member who supports either a deal-based Brexit or even a second referendum, supporting our amendments is the most sensible and pragmatic approach, and the way forward. Let us get this done. Let us rediscover the lost art of compromise. Let us move our country forward, on to the issues that matter to people up and down the country.

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I am sorry to interrupt the hon. Gentleman, because I suspect that he has reached his peroration, but may I ask him a simple question? Has he checked with his Front Benchers that they would support his amendment if he were to press it?

[Stephen Kinnock]

I understand that our position at the present time would be to abstain, but I am not 100% sure of that. I really hope that, having listened to the debate, colleagues throughout the House will consider supporting the amendment, because I think that given the amount of support that we are receiving from Members on both sides of the House, we have a real chance of getting this across the line.

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[Sir William Cash]

I do not think that that is really an excuse, because the reality is that this is the decision—[Interruption.] I will read out the subsection to which the right hon. Gentleman just referred. It states that

“subsection (2) does not apply if the House of Commons has decided not to pass a motion moved by a Minister of the Crown within a period of two calendar days beginning with the end of the day on which the European Council’s decision is made or before the end of 30 October 2019, whichever is sooner, in the following form—

‘That this House has approved the extension to the period in Article 50(3) of the Treaty on European Union which the European Council has decided.’”

However, the likelihood of that not happening is absurd. I really do think that this is just another example of the kind of obfuscation which this Bill provides in almost every clause. In fact, it is not just obfuscation, because it drives a coach and horses through the way in which we should be and have been governed.

[Mr Duncan Smith]

A valuable point was raised earlier that also explains how this Bill is problematic, which is that clause 3 assumes that the EU would in some way make a conditional offer. However, the EU is in control of whether it makes any kind of offer—conditional or not—so the Bill hinges on the EU’s ability or desire to do that, which of course probably will not happen, and it is not meant to, anyway.

[Sir William Cash]

That is true. Indeed, we had all this back in April when, if one looks at the text of the decision and the manner in which it has taken, one can see that it was hedged with certain conditions. What is going on here is that this Bill is driving us to do something that is in complete contravention to the decision that has been taken already in section 1 of the European Union (Withdrawal) Act 2018, which itself implements the decision that was taken by the British people. This Bill undermines the referendum, it undermines the law of the land as expressed in section 1 of the 2018 Act, and the commencement order has already been made.

I pay tribute to my right hon. Friend the Secretary of State for Exiting the European Union for bringing in that commencement order, which makes things a done deal. We are now in a position whereby we have repealed the European Communities Act 1972, subject only to the fact that the law of the land says that that will have effect on 31 October. This Bill is a monstrous piece of legislation designed to turn inside out not only our constitutional arrangements, but the decision of the British people in the referendum and Government policy.

The Prime Minister established another important point in his leadership election result. He got two thirds of the parliamentary Conservative party to vote for him, and he got two thirds of the grassroots—the associations—to vote for him. If ever a Prime Minister had a mandate to make such decisions within the framework of the Conservative party, it is there, which is another reason why I take exception to the fact that this Bill is going through because a number of colleagues—I am sorry to have to say this, because it is a sad business—are flying in the face of the mandate that the Prime Minister got within the framework of the Conservative party.

There is no doubt whatsoever that, within the framework of our constitution—and I will conclude with these words—it is simply monstrous that we should be put in a position where a judicial duty is imposed on the Prime Minister to make a decision under the terms of this Bill. Frankly, I find it inconceivable that anyone could possibly vote for it.

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

Order. I appreciate the point the hon. Gentleman is making, and indeed his dedication to fighting that particular evil, but that is a debating point, not a point of order, and we do not have time this afternoon.

[Mr Duncan Smith]

I am going to be brief, as I know many others want to get in, Dame Eleanor. I wish to compare a couple of these amendments and say a few words as to why this Bill is a very bad one. First, let me say to the hon. Member for Aberavon (Stephen Kinnock), who is, sadly, no longer in his seat, that his is a genuine attempt to find a way forward. I have just been reading it, having just looked at it, and it is intriguing. He is specific in one of his amendments, saying that the purpose of the letter to extend would be to

“include provisions reflecting the outcome of inter-party talks as announced by the Prime Minister on 21 May 2019”.

As I say, this is a genuine attempt being made by those who really do think that this House stands in serious danger of being perceived by the public more and more as having taken the position that nothing will satisfy it and that the only thing that it wants at the end of it all is to defy the decision taken at the time of the referendum. That is very much the opinion growing out there, and I was intrigued when the hon. Gentleman made the point that we in this place are now being perceived as a Parliament opposed to the people, not a Parliament to represent them. The people voted to leave, whether we liked it or not, and now this Parliament seems set on a course to obfuscate and delay that, with a view to overturning it eventually.

There is no question in my mind about the hon. Gentleman’s legitimate observations—we get on very well and play football together, so I am slightly in favour of him anyway—but although he said the talks were good, the problem was that at no stage did his Front-Bench colleagues conduct them in a genuine sense. The truth was that they probably never intended to agree anything with my right hon. and hon. Friends who were in government at the time. I had a whispered exchange with the Father of the House, and he made the point that one reason for that was probably that they were under attack by the second-referendum crowd, who were absolutely opposed to any idea that the Opposition could strike any kind of agreement with the Government that would do away with the idea of a second referendum and therefore the opportunity to vote down the original referendum result. That lies at the heart of it. There is a deceit in all this. As I said earlier, I genuinely believe that the hon. Gentleman was genuine in his view, as were many of those aligned alongside him in that regard, but I do not believe that to have been true of the Labour party Front-Bench team—in fact, throughout all this they have played fast and loose.

When I come to the proposition with which the Bill is concerned, I come back to why I think it is a bad Bill. For all the talk about not wanting to have no deal and wanting to have a deal, although some of those who propose this measure voted for the previous Prime Minister’s deal, if every one of them really wanted any deal rather than no deal, they would have voted for that deal. Strangely, they found themselves voting against it at the time.

[Richard Graham]

My right hon. Friend is making an absolutely valid point. There is a huge amount of virtue signalling in the House from people who do not want no deal but will not vote for a deal. The amendment I have tabled would enable everyone to state clearly, on the record for their constituents, whether they will allow us all the chance to vote for a deal rather than for no deal, on Monday 21 October. Does my right hon. Friend agree that that is a sensible way of being absolutely straightforward about the issue?

[Mr Duncan Smith]

I was not going to come to my hon. Friend’s amendment, because there was a fair amount of debate, but I would link him and the hon. Member for Aberavon, in the sense that both are trying genuinely to find a way through. My hon. Friend and I are old friends, and he has made a genuine effort to propose that idea. My hon. Friend and the hon. Gentleman are similar in one regard, except that the hon. Gentleman’s proposal goes back to the final discussions that were taking place.

My problem is that in truth I just do not think enough Opposition Members really want to ensure that we leave. The truth is that the idea has grown, particularly among those on the Labour party Front Bench but also in some of the other parties, that if we delay this long enough, at some point there will be a way and the cry for a second referendum will get stronger and stronger, and then they will go to that. As we hear from the Labour party Front Benchers, their view now is that they support a second referendum, having originally said that they did not, and they now also support voting remain in that referendum, which before they said they did not, because they said at the 2017 election that they would implement the original referendum decision.

[Ruth Smeeth (Stoke-on-Trent North) (Lab)]

Many Opposition Members wish to vote for a deal. In fact, I will vote for a deal when one comes back in front of the House. The issue now is to make sure that we have the opportunity to vote for a deal so that we can ensure that we do not crash out of the European Union, thereby damaging the economy for my constituents.

[Mr Duncan Smith]

I encompassed the hon. Lady in my remarks about those lined up alongside the hon. Member for Aberavon with genuine intent, who want to do something about it.

All these issues are interesting, but the problem we face is that the position of those on the Labour party Front Bench has now completely shifted. It is clear to me that they do not want an agreement of almost any sort. Any obstacle will be placed in the way and a deal will never be achieved. They think that enough delay will produce a second referendum, and of course, they want to vote remain. This Bill is a vehicle to produce a route to a second referendum. That is what this is all about.

All I can say is that I did not want my colleagues to be taken out and to lose the party Whip—I have been a bit of a rebel in the past myself—but everybody knows what they do when the Government say there is a vote of confidence. The Government set a vote of confidence on this issue because it is at the very heart and soul of where the Government currently are, which is that they want to negotiate a deal. They want to get a deal, but they do not think we will ever get a deal if we are not able to say, “Ultimately, we will leave, whatever the case, so it is over to you to show some flexibility in the arrangements.”

I simply say that I will continue to vote against the agreement notwithstanding the fact that some of my colleagues will not. I have to say that this Bill is a route to delay and that delay in turn is a route to a second referendum and that second referendum, the Opposition hope, is a way to overturn the view and belief of the British people, which would be quite undemocratic.

[Andrew Percy]

I have some sympathy with amendment 19 moved by my hon. Friend the Member for Gloucester (Richard Graham), and some sympathy with new clause 1 and also amendment 6, but I cannot vote for them, particularly new clause 1 and amendment 19, because people outside have figured out what is really going on here. As I said in my intervention earlier, we are in this position of not having left the European Union because there are people in here who were elected on a mandate and who stood up and said that they intended to deliver the result, but who have never had any intention of delivering our exit from the European Union. They are scared of their electorates, yes, and they now scared of their “selectorates”, but they never had any intention of delivering on the result. What they have done is play for time, exactly as suggested a moment ago by my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith). They now want to play for time again, because they want to get us to 2020. When we get to 2020, it suddenly becomes, “Well, that referendum was in 2016. It is quite hard to implement a mandate from 2016 in 2020, which is roughly the length of an average Parliament.” That is what is going on in here.

The people have figured it out. My constituents went to the polls in 2016 and voted to leave the European Union by a margin of 67% in the belief that the result would be implemented because both sides had told them that. They trotted along to the general election of 2017. Some 93% of them voted for two political parties, which said that they were going to implement the result. They have figured it out. They believe that there are people in here who never had any intention of delivering on the result. If we have another extension and something else comes back, there will be another reason why they cannot quite bring themselves to vote for it. The particular niche thing that they select, perhaps never having mentioned it before, will suddenly be the block on why they cannot quite get themselves across the line. I am sick of it. The people are sick of it. They have figured it out. The reason why we are in this position is that, when people talk about compromise, we have had this perverse alliance—

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[Paul Blomfield]

I am happy to do that. We stood at the last election on a commitment to respect the result of the referendum but to rip up the negotiating mandate that the Tory Government had, which we felt failed the British people. I said from this Dispatch Box on 4 December 2018, when winding up the debate that the Prime Minister opened on the withdrawal deal, that if only she had seized the opportunity to be straight with the British people that they had voted to leave but by a painfully close margin and that the mandate was that we would no longer be members of the European Union but that we could retain a close relationship—in a customs union, aligned with the single market and part of the agencies and partnerships that we had built together—then we could have secured a deal. We entered into the cross-party talks in that spirit.

[Mr Duncan Smith]

Will the hon. Gentleman give way?

[Several hon. Members rose—]

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[Stephen Barclay]

I agree with the right hon. Lady in substance and form. She is right about the requirement for us to move forward and not to look back. In fact, I made a similar point to the Irish Government about how we can move forward constructively, rather than look back at some of the talks to date. She is also right that there is much in the withdrawal agreement on which we can move forward.

That is reflected, if one looks at—[Interruption.]. I am trying to address the right hon. Lady’s point. There is much in the letter to President Tusk where the Prime Minister has narrowed down the issues in the withdrawal agreement. Many of my colleagues are concerned about lots of different aspects of the withdrawal agreement, whether on money, the European Court of Justice or geographical indicators, and the Prime Minister has narrowed those issues down. However, it is the case, as my hon. Friend the Member for Brigg and Goole reflected, that some of us have sought compromise and will continue to do so.

[Mr Duncan Smith]

This is not really about the hon. Member for Aberavon (Stephen Kinnock) and the others, who genuinely, I think, do want to do something. The truth is, it is about the Labour party’s Front-Bench team, which is on a wrecking process. This is all about how to wreck the process of Brexit, have a second referendum—hopefully when everyone is so tired out that they will vote against it—and then overturn the referendum. If they have a genuine view, they should vote with us tonight to wreck this Bill.

[Stephen Barclay]

My right hon. Friend is absolutely correct. The Prime Minister has been crystal clear in setting an objective of 31 October. In being clear and in turbocharging—through the Chancellor of the Duchy of Lancaster—our preparation for a no-deal outcome we do not seek, we have seen movement, as I touched on in my remarks on Second Reading, from a starting point where not a word of the withdrawal agreement could be changed, to one in which creative and flexible solutions can be explored. Indeed, the Prime Minister’s Europe adviser is in Brussels today making progress on that, yet his work is dismissed by some, because of media reports, as not being of the substance that I know it to be.

European Union (Withdrawal) (No. 5) Bill

Iain Duncan Smith Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 3rd April 2019 Commons Chamber

[Chuka Umunna]

Thank you.

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I wonder if the hon. Gentleman realises something about his amendment: I would be very happy to see it inserted because I think it would immediately mean a money resolution would be needed, so I give him good encouragement.

[Chuka Umunna]

I wish my amendment had been selected, but my point is that the purpose for which the extension is sought is not stated as being necessary in the duties of this Bill.

I apologise, Sir Lindsay, if you do not believe I am speaking strictly to the amendments. Part of the challenge raised is the way we are conducting this debate given the fact that we are trying to do justice to the Committee stage of this Bill having only discovered your selection shortly before.

EU Withdrawal Joint Committee: Oversight

Iain Duncan Smith Excerpts

Wednesday 20th March 2019 Commons Chamber

[Kwasi Kwarteng]

On that list of questions, it would be absolutely customary and right for a Government Minister to make a statement when the Joint Committee had opined or made recommendations. That is absolutely in order. With regard to the hon. Gentleman’s request about a Committee, that is a matter for the House. It is not for the Executive to decide which Committees of this House can or cannot be formed.

We have ample and very full discussions with the devolved Administrations. They will of course be involved in aspects of the Joint Committee’s decisions, particular with regard to the question of Ireland and the backstop. There is no way, and this is carefully documented in the withdrawal agreement itself, that the Joint Committee would be making statements or recommendations about the backstop or any other matters relating to Ireland without, on our part, some representation and involvement of the Northern Ireland Government. On that question, I can assure the hon. Gentleman that there will be ample consultation and involvement of the Northern Ireland Assembly.

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I congratulate my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) on securing this urgent question, and you, Mr Speaker, on granting it. May I simply ask my hon. Friend on the Front Bench about a particular point that was made by my right hon. Friend and the Opposition spokesman? With regard to “situations unforeseen” when this agreement was signed, who decides what is unforeseen?

[Kwasi Kwarteng]

On that specific question, the Joint Committee will have a role in suggesting what has not been foreseen. This is a very hypothetical question. What I find so extraordinary in this whole episode is that all of this is contingent on the withdrawal agreement being passed, yet my right hon. Friends who are asking these questions have consistently voted against the agreement. It seems very bizarre to me—[Interruption.] No, the point is that there is no way, as the question from my right hon. Friend the Member for Rayleigh and Wickford suggested or seemed to imply, that this is some sort of mystical plot, as I have said, to undermine the democratic processes of this House. The Joint Committee will not be doing that. The British Government will be in wide consultation with the House, there will be ample room for debate and everything will be done with the utmost transparency.

No-deal EU Exit Preparations

Iain Duncan Smith Excerpts

Wednesday 20th March 2019 Commons Chamber

[Chris Heaton-Harris]

I think the hon. Gentleman will find that a lot of hon. Members sitting behind him represent seats that voted to leave the EU in big numbers and would be surprised to hear that Her Majesty’s Opposition are trying to stop that happening. As I said in my opening answer, the legal default is that the UK will leave the EU without a deal unless an alternative is agreed. No agreed extension will change this fact.

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I welcome my hon. Friend to his place. Has he noticed that in the last few hours Monsieur Barnier has issued an instruction declaring that the EU must now prepare for the no-deal scenario, claiming that only two elements of its work need to be completed? One is short-term visas and the other is the budget for 2019. Does that mean that the EU considers that if we do not reach a deal we will leave on the 29th?

[Chris Heaton-Harris]

I have outlined the legal default position a couple of times already. My Department monitors the European Commission’s no-deal announcements and those of individual member states. The Commission has made no-deal announcements on Erasmus, social security, fishing, air transport, aviation safety, road haulage, trade and exports and dual-use systems, EU funding for the Peace programme, energy efficiency, the Connecting Europe Facility, shipping inspection and a whole host of other areas. The European Commission, like us, would be ready in that circumstance.

EU Exit: Article 50

Iain Duncan Smith Excerpts

Monday 10th December 2018 Commons Chamber

[Stephen Barclay]

We will come further to that point.

The second point the hon. and learned Lady made was that legal fees are not cheap. She needs to answer, therefore, why a case was brought on something that clearly is not Government policy and that the Government have no intention of applying. Therefore, it is a hypothetical case; this is something that the Government do not intend to pursue.

The hon. and learned Lady also asked what Government policy is on this issue. The Government’s policy is extremely clear: it is to deliver on the biggest democratic vote in our country’s history and ensure that we leave on 29 March next year.

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I do not think many people were really in much doubt that this was going to be the judgment of the Court; it was always pretty clear, and I was a little surprised that we spent any time on it. Notwithstanding that, it is intriguing that the Court has managed, arguably for the first time, to have an advocate-general’s opinion, followed four or five days later by the full Court’s decision—I can remember, when in government, spending three or four years waiting for the Court to come to a judgment. Does my right hon. Friend think this may have something to do with the fact that there could have been a vote tomorrow? There is a delicious irony, is there not, in the fact that we can revoke article 50 but we cannot revoke our backstop? Does he not find that funny?

[Stephen Barclay]

My right hon. Friend is correct to draw attention to the fact that this was an expedited process. The typical length of time for such cases is three to six months, and on this occasion it was just over two months, but that was a reflection of the fact that the Scottish Court requested that proceedings be dealt with on this expedited basis, and the President of the Court agreed with that request.

EU Exit Negotiations

Iain Duncan Smith Excerpts

Tuesday 9th October 2018 Commons Chamber

[Dominic Raab]

I thank the hon. Gentleman for his call for sensible and respectful debate and agree with him that every effort needs to be made to preserve our precious Union. One thing that is very clear in this House, notwithstanding all the differences that we have, is that we will not allow any proposals from the EU to draw a customs line down the Irish sea.

The hon. Gentleman asked about Northern Ireland and our proposals. Our White Paper proposals on the economic partnership will provide the long-term sustainable answer to this question. As well as preserving frictionless trade with our EU partners, they will, in the process, resolve the concerns around the Northern Irish border. At the same time, we remain committed to the joint report in December, which would be for a limited, finite and temporary backstop.

The hon. Gentleman also asked about economic analysis. That will be made available in time for the meaningful vote. Finally, he asked about staying in the single market and the customs union. The reality is, as he well knows, that if we stay members of the single market and the customs union, we would not be leaving the EU.

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I am astonished that my right hon. Friend has written to his opposite number attacking Labour policy. Nobody here knows what Labour policy really is, so perhaps he can share those letters with us to help us understand it better.

Did my right hon. Friend read the recent paper by two former Northern Ireland Secretaries of State, Lord Trimble and my right hon. Friend’s predecessor, my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), explaining how practical solutions are available right now to resolve any issues around having a hard border in Northern Ireland? If he read it, does he agree that that paper demonstrates that there is now no need for a backstop proposal?

[Dominic Raab]

I thank my right hon. Friend for his questions. The search for a Labour party policy on the EU and on Brexit continues, but on the reports that he mentioned—there have been various reports on the technical solution to Northern Ireland—they have provided very important, useful additional insights. The reality is that we have committed, on top of the technical solutions, to agree a legally binding backstop with the EU, but it will have to be temporary and it will have to meet the conditions that we have set out and that the Prime Minister repeated in her statement after the Salzburg summit.

EU: Future Relationship White Paper

Iain Duncan Smith Excerpts

Thursday 12th July 2018 Commons Chamber

[Dominic Raab]

I am grateful, Mr Speaker.

The right hon. and learned Gentleman made some specific points. He asked if I agreed with the White Paper. Yes, of course. He asked whether the White Paper was a starting point for the negotiation or the end point. It is for the negotiation, but we are confident that it is a principled, practical approach that can deliver a lasting deal and a good deal for this country and for the EU. He made some comments about services. In fact, we are looking to make sure that we have full autonomy over rule making in relation to services, with arrangements for recognition so that we retain our services provision between the UK and the EU, but are freed up to trade in services more energetically and more liberally through the trade deals we do right across the world.

On free movement, the White Paper is clear, if the right hon. and learned Gentleman wants to read it in good faith and understand our position. We have made it clear that we are ending free movement. That means we are going to take back control of our borders. It means that we will have stronger security checks at the border. It also means that we will have control over the number of people who come to this country. At the same time, we want Britain to be an open, outward-looking country. We want to encourage and facilitate business trips from the EU to the UK—that is common sense. We want to make sure there is visa waiver travel for tourism such as family holidays—that is common sense. For students and young people wanting to engage in research or go to university, or indeed to engage in the cultural activities across the continent, we obviously want to have sensible arrangements—that is common sense too.

The right hon. and learned Gentleman talked about the customs union and the single market. He needs to be clear: if Labour’s position is to remain in the single market or the customs union and if, as he has said before, freedom of movement is “up for negotiation”—his words, not mine—that would break every promise every Labour candidate made at the last election to end free movement. The Government now stand ready to work with the EU over the coming weeks, ahead of the European Council in October. We must move at pace and we must negotiate with resolve to deliver the prosperous and secure future that all our peoples deserve.

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

First, may I welcome my right hon. Friend to the Cabinet? I have believed for a long time that he should have had a place in it before. In welcoming him, I also recognise, however, that this is a very complex issue. My own personal views on this will be no secret to him. I have deep misgivings about what the Government are proposing. Having voted to leave, I voted to leave, not to half leave.

I want to raise paragraph 7d with my right hon. Friend. To pursue what the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) said for the Opposition, we have seen very little about the migration proposals, which seem to be out there as part of what might be referred to as negotiating capital. To follow on from his question, which I think was quite legitimate, the phrase at the end of paragraph 7d is

“arrangements that the UK might want to offer to other close trading partners in the future”.

My simple question is: when the Government go to discuss, negotiate or confer with the EU, whichever phrase suits, does my right hon. Friend believe that the Government will be prepared to withdraw the rights to benefits of those who come without jobs?

[Dominic Raab]

I thank my right hon. Friend. Let me give him some assurance: free movement will end; it is not up for negotiation. Equally, when countries right around the world engage in free trade negotiations, the issue of visas is often considered alongside them, and that is the approach we will take.