Leaving the EU: Sectoral Impact Assessments

Keir Starmer Excerpts

Tuesday 28th November 2017 Commons Chamber

[Keir Starmer (Holborn and St Pancras) (Lab)]

(Urgent Question): To ask the Secretary of State for Exiting the European Union if he will make a statement on the release of the impact assessments arising from sectoral analysis carried out by Her Majesty’s Ministers to the Select Committee on Exiting the European Union.

[The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)]

This House passed a motion on 1 November asking that impact assessments arising from sectoral analyses be provided to the Select Committee on Exiting the European Union. This Government take very seriously their parliamentary responsibilities, and have been clear that they would be providing information to the Committee.

In the past three weeks, Departments have worked to collate and bring together this information in a way that is accessible and informative. I am glad to be able to confirm that this information has been provided not only to the Select Committee on Exiting the European Union but to the House of Lords EU Select Committee and, indeed, to the devolved Administrations. I can also, Mr Speaker, with your permission, inform the House that we have initiated discussions with the parliamentary authorities to make this information available to all colleagues through a reading room.

We were clear from the start that we would respond to the motion, but also that the documents did not exist in the form requested. Indeed, I made it clear to the House during the debate on the day that

“there has been some misunderstanding about what this sectoral analysis actually is. It is not a series of 58…impact assessments.”—[Official Report, 1 November 2017; Vol. 630, c. 887.]

As I said, the sectoral analysis is a wide mix of qualitative and quantitative analysis contained in a range of documents developed at different times since the referendum. The House of Commons itself has recognised that, although Ministers should be as open as possible with Parliament, the Government also have an obligation to consider where it will be in the public interest for material to be published.

Furthermore, it is important to recognise that, in some cases, there is commercially confidential information in the analysis and that, in many cases, the analysis was developed to underpin advice to Ministers on negotiation options in various scenarios. It is well understood, as has been the case under successive Administrations, that such advice to Ministers must remain private.

In the light of all that, my right hon. Friend the Secretary of State for Exiting the European Union made a statement on 7 November in which he explained that, given the documents did not exist in the form requested, it would take

“some time to collate and bring together this information in a way that is accessible and informative to the Committee.”—[Official Report, 7 November 2017; Vol. 630, c. 1333.]

He committed that the reports would be provided within three weeks. In providing the information to the Committee yesterday, we have met that commitment. Parliament has endorsed the responsibility of Ministers not to release information that would undermine our negotiating position. Contrary to what has been asserted in some places, the Committee did not give any firm assurances that what was passed to it would not subsequently be published in full. Where there are precedents for Government agreeing to pass information to Select Committees in confidence, these have been on the basis of assurances received before material is shared or a clear set of rules, such as those governing intelligence material.

When he met the Secretary of State, the Chairman of the Select Committee did say that he was willing to enter into a dialogue—after the Select Committee had received documents from the Government. But that is not the same as an assurance that, if we provided confidential or sensitive material, it would not be published, and it is not in keeping with the usual practice of Committees on these sensitive issues. As such, the sectoral reports provided do not contain information that would undermine the UK’s hand in negotiations or material that is commercially or market sensitive. But the House should be in no doubt that this has been a very substantial undertaking. We have been as open as possible, subject to the overwhelming national interest of preserving our negotiating position. We have collated more than 800 pages of analysis for the Committees, less than a month from the motion being passed, and this covers all the 58 sectors. We now consider the motion of 1 November 2017 to have been satisfied.

[Keir Starmer]

“Transparency” and “accountability” are two words this Government do not understand. On 1 November, after a three-hour debate, this House voted in favour of a Humble Address requiring all 58 sectoral analyses to be passed to the Brexit Select Committee—not some of the reports, not redacted copies, but the full reports. The Government did not seek to amend the Humble Address, nor did they vote against the motion. After your advice to us, Mr. Speaker, the Government accepted that the motion was binding. It is simply not open to the Secretary of State to choose to ignore it and to pass to the Select Committee the documents he chooses. Whether he is in contempt of Parliament is a matter we will come to at some later date, but he is certainly treating Parliament with contempt.

The Secretary of State says, and the Minister has reported, that he did not get assurances from the Select Committee about how the documents would be used. The Minister therefore had better answer some pretty blunt questions this afternoon. What assurances were sought that were not given? He had better tread carefully, because there will be an audit trail here and if he cannot answer that question, if he did not pursue the assurances, if he did not suggest a course that was rejected, his cover for not disclosing these documents will be blown.

This is not a game. This is the most important set of decisions this country has taken for decades and they need to be subjected to proper scrutiny. In my experience, the biggest mistakes are made when decisions are not tested.

May I remind the Minister and the Secretary of State that, until this House passed the motion on 1 November, Ministers routinely claimed that these analyses were extensive and authoritative? They say that they have now put the documents together. In September, they answered a freedom of information request. The first question was, “Do you hold the material?” to which the answer was, “Yes.” That calls into serious question the explanation now being put before this House.

Finally, I am deeply concerned that the sum total of documents generated by the Government’s work on the impact on the economy of their approach to Brexit can be squeezed into two lever arch files. That is the volume of paperwork I would have expected for a pretty routine Crown court trial in my old world. If that is the case, we should all be worried. Is that the extent of the analysis? Either way, this a very sorry state of affairs.

[Mr Walker]

Let me address some of the misconceptions in the right hon. and learned Gentleman’s statement. We have not edited or redacted reports. At the time the motion was passed, and subsequently, we were clear that the documents did not exist in the form requested. We have collated information in a way that does not include some sensitive material, but the documents, which he freely admits he has not seen, do not contain redactions. It is noticeable that the original suggestion of redactions in the debate on 1 November came from him, speaking from the Front Bench for the Opposition. He also said in the debate that he had

“accepted all along that the Government should not put into the public domain any information that would undermine our negotiating position”—[Official Report, 1 November 2017; Vol. 630, c. 881.]

He accepted that there is a level of detail, and confidential issues and tactics, that should not be discussed. Those were statements he made in the debate itself.

Let me tell the right hon. and learned Gentleman the logical consequences of that position. He has suggested that mechanisms are available that allow for the sharing of material in advance for Select Committees, and he is of course right—I addressed that in my opening statement. My Secretary of State met the Chair of the Select Committee and discussed these terms. It was very clear that, as the Chair has himself said in Parliament, he wanted to receive all the documents first before he would give any assurances as to the way in which they would be treated. On that basis, we had to be clear that we had to protect commercially sensitive information.

In the absence of any restrictions on what the Select Committee might do with the documentation, the Government had to be mindful of their obligations not to allow sensitive information to be public, but let me be clear again: we have been as open as possible within those obligations. The material we have provided to the Select Committee is very substantial. It is bizarre for the right hon. and learned Gentleman to dismiss it without having yet seen it. When Committee members have had an opportunity to consider it fully and to reflect on it, I think they will reasonably conclude that the Government have fully discharged the terms of the motion.

We have shared more than 800 pages of analysis with the Select Committee. The analysis describes the activity in each sector and the current regulatory regime for the sector. The report set out existing frameworks from across the globe for how trade is facilitated between countries in the sectors, as well as sector views, which cover a range of representative cross-sector views from businesses and organisations throughout the UK. We have taken care to incorporate up-to-date views from stakeholders, such as views on the proposed implementation period.

The right hon. and learned Gentleman asked: does this represent the sum of the Government’s analysis? Of course it does not. The motion referred to sectoral analyses and we have responded to that motion by sharing those sectoral analyses. I note the Select Committee’s statement following its meeting this morning and I welcome the fact that arrangements will be made for Committee members to view documents in confidence. When they do, I think they will find that there is a great deal of useful and valuable information here. I assure the House and the Committee that the Secretary of State will also be accepting their request to discuss the content.

I assure the House that my Department takes its responsibilities to Parliament extremely seriously. We have provided a vast amount of factual information to help the Committees and this House in their scrutiny. I am confident that we have met the requirements of the motion, while respecting our overriding duty to the national interest.