Future Relationship Between the UK and the EU

Debate between Keir Starmer and David Davis

Wednesday 18th July 2018 Commons Chamber

[Keir Starmer]

Let me complete my point.

The second half of the intervention by the hon. Member for Cheltenham (Alex Chalk) implied that anybody who voted leave would not countenance a common rulebook on goods; well, that is in the White Paper, because we have all had to work through the practical consequences of the referendum. It is no good to take such an extreme interpretation of Brexit that we wreck the manufacturing sector, abandon the service sector and abandon the solemn commitment to Northern Ireland. We have all been grappling with those issues for two years and we have to stop this suggestion that to put forward any practical arrangement for moving forward and safeguarding our country is somehow to frustrate or betray the referendum.

I see that the former Secretary of State, the right hon. Member for Haltemprice and Howden (Mr Davis), has walked in. Earlier, there was a suggestion that in my discussions in Brussels or elsewhere in the European Union I had somehow been trying to undermine what he has done. He and I know that that has never been the case, so I invite him to intervene, if he would.

[Mr David Davis (Haltemprice and Howden) (Con)]

The right hon. and learned Gentleman has had many discussions with me, on Privy Council terms, over the past two years, and I have to say to the House that he has always been supportive of the country’s interests in those discussions and, indeed—at least in my understanding —in his conversations in the European Union.

[Keir Starmer]

I am grateful for that intervention; I hope it deals with the suggestion made earlier.

Let me go back to the facilitated customs arrangement. It is a complicated, two-tier arrangement that involves different tariffs being charged at the border and, if it is not known what tariff should be taken, it involves the tariff being reimbursed later if it was wrong.

European Union (Withdrawal) Bill

Debate between Keir Starmer and David Davis

Ping Pong: House of Commons
Wednesday 20th June 2018 Commons Chamber

[Mr Davis]

As I have said throughout, it is for people to go with their consciences on this matter and I do not attack anybody for doing that.

May I pick up on the point of order raised with you, Mr Speaker? I would not want the House to think that in any way it had not been told about this. In my earlier speech, I outlined the issue of “Erskine May” on this matter and Standing Order 24B and your rights in this, and made it plain that that is what we are relying upon. So I would not want the House to be misled in any way, or to believe it has been misled.

The debates on this issue have been in the finest traditions of this House. Hon. Members have stood on issues of principle and argued their cases with the utmost integrity. That has shifted the Government’s approach to a position where our Parliament will rightly and unquestionably have its say and express its view. For in this, the greatest democracy of all, we debate, we argue, we make our cases with passion, but we do it to a purpose and that is to deliver for our people, not just to please ourselves. They decided that we will leave the European Union and, whatever the EU thinks about that, we will do it, and we will do it in the best way we can. And in that spirit I commend this motion to the House.

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

I rise to speak in favour of the amendment tabled by the right hon. and learned Member for Beaconsfield (Mr Grieve) to preserve Lords amendment 19P, which would ensure that Parliament has a meaningful vote in the Brexit process.

We need to be clear about what this amendment is and what it is not. It is not about frustrating or blocking Brexit, it is not about tying the hands of the UK negotiators, and it would not empower Parliament to direct the Government in the ongoing negotiations. It is simply about this House playing a meaningful role in the terms of the final Brexit deal. It is about making sure that on the most important peacetime issue this House has faced for a generation, this House is not silenced.

This amendment addresses two issues: what happens if Parliament rejects the Prime Minister’s proposed article 50 deal in the autumn; and what happens if by 21 January next year there is no article 50 deal or no prospect of an article 50 deal. The Prime Minister has consistently said, “Tough luck; if you don’t like my proposed deal you can have something much worse.” That is not meaningful. The Brexit Secretary, once a great guardian of the role of this House, now wants to sideline Parliament when its voice is most needed. He says that in the event that the Prime Minister’s proposed article 50 deal is rejected by Parliament or there is no article 50 deal, a Minister will make a statement. Well, I should think so—after two years of negotiation, the Government bring back a deal which is rejected and a Minister will make a statement. And he says that will happen not in 28 days, but in 21 days—that is democracy; that is giving Parliament a real voice. And then a further safeguard: there will be a neutral motion. There is an example of a neutral motion on today’s Order Paper. There is to be a debate about NATO and what will be decided is this:

“That this House has considered NATO.”

That is the additional safeguard—“That this House has considered the article 50 deal.” And that is it; that will be the role of this House on the most important decision that we will make in this Parliament.

No one who values parliamentary sovereignty should accept either approach, and that is why the amendment is crucial. It would require the Government to back up any statement made by a Minister with a motion that can be voted on. It would permit Parliament to have a meaningful say, but only after negotiations are complete.

Of course the very idea of Parliament actually having a say prompts the usual cries, and I have no doubt that many of the interventions will be along these lines, so let me deal with them. The usual cries are these: “It’s an attempt to frustrate Brexit,” “It will weaken the Prime Minister’s negotiating hand,” “Parliament cannot micromanage negotiations.” So let me meet those objections.

First, we have heard it all before. In August 2016 we challenged the Government to produce a plan. What did they say? It would frustrate Brexit, it would tie our hands and it would play into the hands of the EU. Then they had to accept a motion to produce a plan, and the sky did not fall in. In the autumn of 2016 we challenged the Government to give Members of this House a vote on the proposed article 50 deal, and got the same response from the same people in this House—it would frustrate the process, it would tie the Prime Minister’s hands and it would play into the hands of the EU. Then we had the Lancaster House speech in January 2017; the Prime Minister agreed to give MPs a vote, and the sky did not fall in.

In December 2017, we challenged the Government to put the article 50 vote into legislation. That was contested through amendment 7, for the usual reasons. We received the usual response: it would frustrate Brexit, it would play into the hands of the EU and it would tie the Prime Minister’s hands. Amendment 7 was voted on, and the vote went against the Government. The sky did not fall in. In February this year, we challenged the Government to publish the impact assessments. We got the usual response: it would frustrate Brexit, it would tie the Prime Minister’s hands and it would play into the hands of the EU. Then the impact assessments were published, and the sky did not fall in. This amendment is not about frustrating the process; it is about making sure that there is a process.

Secondly, we have to confront the fact that the biggest threat to an orderly Brexit, and the biggest threat of having no deal, is and always has been division at the heart of the Government. They cannot agree the fundamentals. The customs arrangements were hardly an unexpected issue. No one should be under any illusion that the EU cannot see the fundamental weakness of the Government’s position.

Oral Answers to Questions

Debate between Keir Starmer and David Davis

Thursday 14th June 2018 Commons Chamber

[Mr Davis]

Leaving the common agricultural policy will deliver significant opportunities for farming, as the consultation to date is already showing. My hon. Friend is right that there has been consultation with the farming sector in England, but the Government are committed to working closely with the devolved Administrations and stakeholders to deliver an approach that works for the whole UK, as I said earlier, and that reflects the needs and circumstances of Scotland, Wales, Northern Ireland and England. That being said, I agree entirely with my hon. Friend: all of us who are involved in these procedures, bar those of the Scottish nationalist party, have learned the lesson that if we actually want to make things happen, we have to turn up and deal with the issues.

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

May I join the Secretary of State in his comments on Grenfell on behalf of the Opposition and, I am sure, the whole House?

It is good to see the Secretary of State in his place. On the back of an earlier question, I have done a quick tally, and I think that this year he has threatened to resign more times than he has met Michel Barnier.

On Tuesday, to avoid a defeat in this House, the Prime Minister offered a series of apparent concessions to her Back Benchers. Yesterday, after a meeting with the Prime Minister, the right hon. and learned Member for Beaconsfield (Mr Grieve) told Sky News that

“we are going to get a meaningful vote on both deal and no deal. I have no doubt about it”.

Later, the Solicitor General told the “Today” programme:

“I have a problem both constitutionally and politically with a direction given by Parliament”.

Who is right?

[Mr Davis]

My responsibilities are with the Government, so of course I am entirely with the Solicitor General—that follows automatically. Let me put in front of the House what I said during that debate, which is that whatever proposal is put back to the Lords, it has to meet three criteria: first, that we do not bring about the overturning of the referendum result; secondly, that we do not undermine the ongoing negotiation with the European Union; and, thirdly, that we do not change the constitutional structure that has served this country well for hundreds of years, under which the Government negotiates and Parliament passes its view at the end of the process.

[Keir Starmer]

Let me press the Secretary of State a little further, because this is a really crucial issue in the process, so we must get it right. Will he say clearly, yes or no—will the Government’s amendment, to be published later today, make it clear that, should the proposed article 50 deal be voted down, it would be for Parliament to say what happened next, not the Executive?

[Mr Davis]

I am afraid that the right hon. and learned Gentleman will have to wait to see the document when it is published. As he says, it will be published later today.

Oral Answers to Questions

Debate between Keir Starmer and David Davis

Thursday 3rd May 2018 Commons Chamber

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

When I was reading the Sunday newspapers over the weekend, I was not entirely sure that we would see the Secretary of State in his place today. This morning he says that his resignation is not imminent—I am not sure what message he is sending to his colleagues—but can I assume that his presence signals that he thinks that he won the argument with the Prime Minister yesterday and that a customs partnership with the EU has now been taken off the table?

[Mr David Davis]

My first advice to the right hon. and learned Gentleman is not to believe everything he reads in the papers—even about himself, let alone about me. Secondly, I made it clear earlier that the Government are spending some time, rightly, on ensuring that we get absolutely the best outcome that will preserve the United Kingdom without creating internal borders, and that will deliver the best outcome in retaining the trade that we have with the European Union and opening up opportunities with the rest of the world. That is why we are taking time to get this right.

[Keir Starmer]

Let me take that discussion to Northern Ireland. In December the Prime Minister made a solemn promise that there would be no hard border in Northern Ireland. That was spelled out as no infrastructure, no checks and no controls, and I know that the Secretary of State and his team take that seriously. If, on serious and sober analysis, the only conclusion is that delivering on that solemn promise requires the UK to be in a customs union with the EU, does the Secretary of State agree that that would therefore be the only position for any responsible Government to take?

[Mr Davis]

The Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Worcester (Mr Walker), gave Labour Members some guidance on that earlier when he cited their former leader, who has taken a lot of interest in this issue, bearing in mind that he oversaw the last part of the peace process and takes it very seriously. In March this year, he said of the customs union:

“the truth is that doesn’t really resolve your problems. By the way, it doesn’t really resolve your problems in Northern Ireland, either.”

David Trimble, who was made Nobel laureate for his part in the peace process, also said that in pretty stark terms.

Oral Answers to Questions

Debate between Keir Starmer and David Davis

Thursday 15th March 2018 Commons Chamber

[Mr Davis]

On the implementation period, we have made significant progress in a number of areas, and although negotiations are still ongoing, we are confident that we can reach an agreement on that at next week’s EU Council. As my hon. Friend will be aware, article 50 is clear that the withdrawal agreement shall be agreed in line with the framework for the future relationship. We expect new European Union guidelines covering the negotiation of the terms of our future relationship to be agreed at the March Council, as set out by the EU in December. The Prime Minister has set out a vision of the breadth and depth of the future relationship in a number of speeches, and we hope that the EU guidelines will be sufficiently flexible to allow the EU to think creatively and imaginatively about our future partnership. Indeed, I say to him that at least half the effort in the past three months has been aimed at ensuring that we get those flexible, open and broad guidelines by addressing that very issue with the 27 that make up the Council, as well as the Commission.

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

In January last year, the Secretary of State stood at the Dispatch Box and assured the House:

“What we have come up with…is the idea of a comprehensive free trade agreement and a comprehensive customs agreement that will deliver the exact same benefits as we have”.——[Official Report, 24 January 2017; Vol. 620, c. 169.]

The Government stood by that assurance for 14 months, but then the Prime Minister’s Mansion House speech downgraded the Government’s ambitions to reduced access to European markets. What does the Secretary of State have to say for himself now?

[Mr Davis]

I would say two things to the right hon. and learned Gentleman. Of course, in a negotiation, we go in with the highest possible aspirations, and that is what we intended. Incidentally, he should read his own policy, which I recall has the same aspirations—not very effectively. What we are about is getting the best possible outcome for this country and that is what we will do.

[Keir Starmer]

We have had a lot of non-answers this morning, if I may say so, Mr Speaker. In addition to downgrading the ambition for the final deal, the Government are also delaying vital legislation in this House. We were expecting to consider the trade and customs Bill this week on Report and Third Reading but, apparently, they have been parked until May because the Government fear losing key votes. There is no sign of other vital legislation coming down the track. This should have been a busy period in Parliament. General debates on the EU are always interesting, but meaningful votes are better. What is going on?

[Mr Davis]

I thought that business questions came after this session, not now. However, if Opposition Members continue to try to thwart the will of the British people by blocking votes at every turn, that is their responsibility, not ours.

Oral Answers to Questions

Debate between Keir Starmer and David Davis

Thursday 1st February 2018 Commons Chamber

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

There have been lots of questions this week about the leaked EU exit analysis Whitehall briefings, but this is the first chance I have had to ask the Secretary of State about it directly, so I will choose my words carefully. Can the Secretary of State confirm when he first knew that economic modelling work on Brexit scenarios was being undertaken across Whitehall?

[Mr David Davis]

Actually, the right hon. and learned Gentleman does not have to ask me; he should read the book. In addressing the Select Committee on 6 December last year, I said in terms:

“We will at some stage—and some of this has been initiated—do the best we can to quantify the effect of different negotiating outcomes as we come up to them. Bear in mind that we have not started phase 2 yet. In particular, we will try to assess, in bigger categories, the effect of various outcomes in financial services and in terms of the overarching manufacturing industry, agriculture and so on. We will do that a little closer to the negotiating timetable.”

I say that because I read with great interest in Hansard and elsewhere this morning various reports about my being traduced, so I thought that I should tell the House that actually I told the Select Committee that this work was under way last December.

[Keir Starmer]

I think it follows that in December the Secretary of State knew that this modelling was going on. Can he confirm when he was first talked through the economic modelling of the Brexit scenarios by his Department—not when he told others, but when he was talked through it?

Oral Answers to Questions

Debate between Keir Starmer and David Davis

Thursday 14th December 2017 Commons Chamber

[Mr Davis]

I am surprised that the hon. Gentleman thinks that I am less bright-eyed and bushy-tailed, but that is due to the extension of the single European cold, which is having a transition period of its own in my head. The simple point I made earlier was that if we try to go beyond two years, a number of European national Parliaments have said to their Governments that that would require a mixed procedure, which would involve the Walloon Parliament and 36 other Parliaments around Europe. That is the first reason. The second reason is that we have been given an instruction by 17.5 million British citizens to get on with leaving the European Union, and we have to do that as promptly and expeditiously as we can. Extending the transition period indefinitely would be seen as a breach of that promise.

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

Whatever comes out of the negotiations, this House voted last night that Parliament should have a meaningful vote, enshrined in law, at the end of the process. That was a humiliating and entirely avoidable defeat for the Government. This House now having spoken, will the Secretary of State give an assurance that the Government will not seek to undermine or overturn last night’s result on Report?

[Mr Davis]

Let me first make an observation about last night’s result. The effect is to defer the powers available under clause 9 of the European Union (Withdrawal) Bill until after the withdrawal agreement and implementation Bill receives Royal Assent, which means that the timetable will be very compressed. Those who want a smooth and orderly exit from the European Union will hopefully want to see a working statute book, so we will have think about how we respond to last night’s result. We have always taken the House of Commons’ view seriously and will continue to do so.

[Keir Starmer]

That was not the basis upon which the debate was conducted yesterday, so we will obviously have to come back to that.

The next accident waiting to happen is Government amendment 381, which seeks to put a fixed exit date on the face of the Bill. Rather than repeat last night’s debacle, will the Government commit to dropping that ill-conceived gimmick?

[Mr Davis]

Unlike the right hon. and learned Gentleman, I do not view votes of this House of Commons as accidents; they are decisions taken by the House. We have respected the decision, as we will do the next one.

EU Exit Negotiations

Debate between Keir Starmer and David Davis

Tuesday 5th December 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 progress of the Brexit negotiations between the UK and the European Union.

[The Secretary of State for Exiting the European Union (Mr David Davis)]

I start by apologising for my voice. Once again, I have acquired the single European cough, but I hope that it will pass.

Negotiations regarding our exit from the European Union are ongoing as we speak. Indeed, we are in the middle of an ongoing round. As such, I have to be a bit more circumspect than usual. We held further talks in Brussels over the past few days and progress has been made, but we have not yet reached a final conclusion. However, I believe that we are now close to concluding the first phase of the negotiations and moving on to talk about our future trade relations. There is much common understanding, and both sides agree that we must move forward together.

Our aims in this negotiation remain as they have always been. In particular, on the issue of Northern Ireland and Ireland, we have been clear that we want to protect all elements of the Good Friday/Belfast agreement to maintain the common travel area and to protect associated rights. We want to ensure that there is no hard border between Ireland and Northern Ireland. We recognise that, as we exit, we must respect the integrity of the EU single market and the customs union, but we are equally clear that we must respect the integrity of the United Kingdom.

There remain some final issues to resolve that require further negotiation and consultation over the coming days. Our officials are in continuous contact, and we expect to reconvene in Brussels later this week for further negotiations. I or the Prime Minister will formally update Parliament once this round of negotiations concludes, as I have done for every round so far. As was made clear by the comments from President Juncker and President Tusk yesterday, all parties remain confident of reaching a positive conclusion in the course of the week.

[Keir Starmer]

What an embarrassment. The last 24 hours have given a new meaning to the phrase “coalition of chaos”. Yesterday morning, No. 10 was briefing that a deal would be signed. There was high expectation that the Prime Minister would make a triumphant statement to the House. By teatime, we had a 49-second press conference saying that the deal was off. It is one thing to go to Brussels and fall out with those on the other side of the negotiating table; it is quite another to go to Brussels and fall out with those who are supposedly on our own side of the negotiating table. If ever there was a day for the Prime Minister to come to this House to answer questions, it is today.

But let us not be fooled that yesterday was just about choreography. There are two underlying causes of this latest and most serious failure. The first can be traced back to the Prime Minister’s conference speech in October last year, when she recklessly swept options such as the customs union and the single market off the table, and ruled out any role for the European Court of Justice, yet maintained that she could avoid a hard border in Northern Ireland. Well, yesterday the rubber hit the road. Fantasy met brutal reality. Labour is clear that there needs to be a UK-wide response to Brexit, so the question for the Government today is this: will the Prime Minister now rethink her reckless red lines and put options such a customs union and single market as back on the table for negotiations? If the price of the Prime Minister’s approach is the break-up of the Union and the reopening of bitter divides in Northern Ireland, that price is too high.

The second major reason for yesterday’s failure is that we have a Prime Minister who is so weak that the Democratic Unionist party has a veto over any proposal she makes. What precedent does it set when the Prime Minister is called out of negotiations at the 11th hour to be told by the DUP that the deal is off? What signal does that send to the EU about the Prime Minister’s ability to deliver Brexit?

Yesterday confirmed what we already knew: the DUP tail is wagging the Tory dog. This is now deeply serious, so what assurance can the Secretary of State give to the House that a deal will be agreed by the end of the week? Will he now drop the proposal for a fixed deadline in law for exit day of 29 March 2019? If ever there was an example of why that would be absurd, yesterday was it.

[Mr Davis]

The right hon. and learned Gentleman’s speeches in such proceedings are becoming rather repetitive—they are always crowing and carping. [Interruption.]

EU Exit Negotiations

Debate between Keir Starmer and David Davis

Monday 13th November 2017 Commons Chamber

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

I thank the Secretary of State for advance notice of his statement.

This is clearly a statement of two halves. First, the usual “Groundhog Day” report back on the negotiations in Brussels: a round of negotiations; a press conference at the end that leaves us wondering whether the parties were in the same negotiations; then both sides briefing the press in the days immediately afterwards; and then a statement from the Dispatch Box that assures no one, underlining the profound lack of progress.

We want the next statement to be different. We want the Secretary of State to return and inform the House that real progress has been made—a breakthrough, even. Last time we were promised acceleration. What now? And what is the plan if the December deadline is missed?

I recognise some of the difficulties. As the Secretary of State knows, I have some sympathy with the position he has set out on Northern Ireland. As we see from the Northern Ireland Budget Bill, which is before the House today, the political situation in Northern Ireland is fragile. The peace process is too precious to be put at risk by rushing a Brexit deal that does not have the support of all communities. There must be no return to a hard border, and Northern Ireland should not be used by either side in the negotiations for political point scoring—that is an important point.

The second half of the statement is not a report back at all. It is a recognition by the Government that they are about to lose a series of votes on the withdrawal Bill. Labour has repeatedly argued since the Bill was published in July that the article 50 deal requires primary legislation, including a vote of this House—a point that was made forcefully on Second Reading.

Now, on the eve of crucial amendments being debated, we have this statement under the cloak of a report back from Brussels—I do not think it fools anyone. The devil will no doubt be in the detail, but can the Secretary of State now confirm that the Government accept Labour’s argument that clause 9 should be struck from the withdrawal Bill altogether?

Then there is the question of transitional arrangements. It is blindingly obvious to anybody following these negotiations that a final deal with the EU, including a trade agreement, will not be completed by March 2019 and that transitional agreements on the same terms as now are in the public interest. That is what businesses want, it is what communities want and it is what Labour has been calling for, for many, many months. So can the Secretary of State confirm, on the back of the statement he has just made, that the Government will not stand in the way of sensible transitional arrangements on the same basic terms as we have now with the EU? Can he also confirm that the Government will not now be pushing amendments inconsistent with transitional arrangements? And can he confirm to this House that it will get a vote in the event that there is no deal? These questions have been pressing for months. This last-minute attempt to climb down brings them into very sharp focus, and we are entitled to clear answers.

[Mr Davis]

Yet more carping from the right hon. and learned Gentleman. He complains that the negotiations are not making as much progress as he would like, yet he allowed his Labour MEPs to vote against progress this time around. The question he needs to ask himself is, what would he be prepared to sacrifice in order to buy the good will of the European Commission? We are standing up for UK citizens being able to move around Europe, to use their professional qualifications, to vote in municipal elections. Is he seriously proposing that we let them down in the interests of suddenly rushing ahead? We are standing up for British taxpayers and not wasting their money, with a clear position that we will meet our financial commitments but only once we know more about our future relationship. Would he sell them out? We are using Brexit to restore the sovereignty of the British courts—would he let that go, too? Yes, he would, because he would give the European Court of Justice the right to dictate our laws in perpetuity.

Let me come back to the right hon. and learned Gentleman’s description; he says the second half of the statement does not arise from the negotiations. Well, yes it does, because one of the reasons for the Bill I have announced today is to provide European citizens with primary legislation that will put into British law the withdrawal agreement in toto. So this is as near as we can come to direct effect; it comes directly out of the negotiation. I hope that the next time I come to report to this House, we will get a little more support from the Labour party.

Leaving the EU: Parliamentary Vote

Debate between Keir Starmer and David Davis

Thursday 26th October 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 Government’s policy of a meaningful vote in Parliament to agree the final withdrawal agreement with the European Union.

[The Secretary of State for Exiting the European Union (Mr David Davis)]

I thank the shadow Secretary of State for his question. We have been very clear right from the start of the process that there will be a vote in both Houses of Parliament on the final deal that we agree with the European Union. I reiterate the commitment my Minister gave at the Dispatch Box during the article 50 Bill, when he said:

“I can confirm that the Government will bring forward a motion on the final agreement, to be approved by both Houses of Parliament before it is concluded. We expect and intend that this will happen before the European Parliament debates and votes on the final agreement.”

Furthermore, he said:

“we intend that the vote will cover not only the withdrawal arrangements but also the future relationship with the European Union.”—[Official Report, 7 February 2017; Vol. 621, c. 264.]

These remain our commitments.

The terms of this vote were also clear. Again, as my Minister said at the time:

“The choice will be meaningful: whether to accept that deal or to move ahead without a deal.”—[Official Report, 7 February 2017; Vol. 621, c. 275.]

Of course this vote cannot happen until there is a deal to vote upon, but we are working to reach an agreement on the final deal in good time before we leave the European Union in March 2019. Clearly, we cannot say for certain at this stage when this will be agreed, but Michel Barnier has said he hopes to get a draft deal agreed by October 2018, and that is our aim as well. So we fully expect there will be a vote in the UK Parliament on this before the vote in the European Parliament and before we leave the EU. As we have said before, this vote will be over and above the requirements of the Constitutional Reform and Governance Act 2010.

We have also said many times that we want to move to talking about our future relationship as soon as possible. The EU has been clear that any future relationship and partnership cannot legally conclude until the UK becomes a third country, as the Prime Minister said in her Florence speech. As I set out in the Select Committee yesterday, our aim is to have the terms of our future relationship agreed by the time we leave in March 2019. However, we recognise that the ratification of that agreement will take time and could run into the implementation period that we are seeking. There can be no doubt: Parliament will be involved throughout this process.

[Keir Starmer]

What a mess! We get one thing one day and another thing the next. Yesterday, the Secretary of State was asked in the Brexit Committee, “Could the vote in our Parliament be after March 2019?” The answer he gave was, “Yes, it could be.” Later in the day the Prime Minister had a go at correcting him, and then his own spokesperson had to clarify his remarks. Today, he says that the vote will be before the deal is concluded. That is not good enough. May I remind him that the commitment he has just referred to, made at the Dispatch Box, that we would have a meaningful vote was made when the Government were on the verge of losing a vote on a Labour amendment to the article 50 Bill to give Parliament that vote? That commitment cannot now casually be dispensed with.

The text of article 50 is clear: there can be no deal until the European Parliament has approved it and voted on it. The nonsense we heard yesterday about “nanoseconds” has to be put in that proper context. It would be wholly unacceptable if time was found for the European Parliament to vote on the deal before it is concluded but time was not found in this House. Does the Secretary of State expect us to sit here watching on our screens the European Parliament proceedings while we are told that we do not have time? I do not think so. We need a cast-iron guarantee that that will not happen.

The Secretary of State has repeatedly asked us to accept his word at the Dispatch Box. Given the events of the past 24 hours, will he now accept the amendments tabled to the withdrawal Bill that would put into law a meaningful article 50 vote, so that we all know where we stand and do not have to repeat this exercise?

[Mr Davis]

I am afraid the right hon. and learned Gentleman altered the quotation from yesterday slightly. What the Chairman said, and I refer to exactly what he put to me, was that “it is possible”—possible—“that Parliament might not vote on the deal until after the end of March 2019. Am I summarising correctly what you said?” I said, “in the event we don’t do the deal until then.” That is the point I was making.

I will take up the right hon. and learned Gentleman’s point about the European Parliament, because I have said at the Dispatch Box and we have said that it is our intent and our expectation—those were the words used; I crafted them—that we will vote on this in this House before the European Parliament does. That stands. If it goes to the timetable that Mr Barnier expects, or wants to go to, which is October 2018, it is likely that the European Parliament will vote in December or January, under the normal processes that apply to that Parliament; it has a committee stage to go through first. We will vote on that and we will have it put before the House before then. There is no doubt about that. That undertaking is absolutely cast iron.

The issue that I raised yesterday, because I take it as a responsibility always to be as forthright and open as I can with the Select Committee, was to go through what has happened in the past in European Union treaty negotiations. This time, there is an expectation by the Commission; there is an incentive on the part of the various countries to get it done as quickly as possible; and there is our expectation and intention. None of the undertakings given at the Dispatch Box have in any sense been undermined. The issue here is one of practicality and what we control. What we control, we will run to give Parliament a proper and meaningful vote at the right time.

EU Exit Negotiations

Debate between Keir Starmer and David Davis

Tuesday 17th October 2017 Commons Chamber

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

I thank the Secretary of State for advance sight of his statement.

No one should underestimate the seriousness of the situation in which we find ourselves. At the first hurdle, the Government have failed to hit a very important target, which leaves EU citizens in the UK and UK citizens in Europe in a continued state of uncertainty. There is insufficient progress on Northern Ireland, and it appears that the deadlock on the financial settlement is such that both sides are barely talking.

The Secretary of State says he is confident that we are now on the right track. I cannot fault him for his confidence in his own negotiating ambitions. The problem is that most of those ambitions have failed to materialise. One ambition was that the sequencing of talks would be the row of the summer and that he would not agree, but he agreed by coffee time on day one. His suggestion that sequencing and the concept of sufficient progress are EU constructs leaves out the fact that he agreed to them and signed up.

The Prime Minister and the Secretary of State were right to go to Brussels last night. Obviously, I would like to claim that was in response to the letter I wrote to the Secretary of State last Thursday, but even I recognise that would probably be over-claiming for my letter. Because of the seriousness of the situation, both sides—I include the EU—need to do whatever they can to break the impasse by Friday. More flexibility is needed on both sides by Friday.

I hear what the Secretary of State says about the Florence speech, which was an important speech, but he would be on stronger ground if what the Prime Minister said in Florence had not been immediately undermined by the self-interested antics of some Cabinet members. I also hear what the Secretary of State says about the statement of intent last night to accelerate the process. Given the glacial speed so far, it is not exactly a high ambition—a car going from 2 miles per hour to 4 miles per hour is accelerating, but it is still going slowly.

If we want investment in our economy to continue, and if we want businesses to stay here and others to come, we need to start talking about transitional arrangements now. Those transitional arrangements need to be on the same basic terms as now—in the single market and within a customs union. Every passing week without progress on transitional arrangements makes things worse for businesses, not better. We need to make progress this week, before December.

We also need to drop the nonsense about no deal. Only fantasists and fanatics talk up no deal. No deal is not good for the UK, is not good for the EU and is not what the Secretary of State wants, but he must now realise that the slow progress of these talks raises the risk of no deal.

We need the Secretary of State to answer these critical questions from the Dispatch Box today. What does he intend to do between now and Friday to deliver on the commitment to accelerate the talks? What words does he want to hear on Friday to evidence that progress? How confident is he, on a scale of one to 10, that he will hear those words? And what does he intend to do if he fails?

[Mr Davis]

As ever, we get carping from the right hon. and learned Gentleman and not a single proposal or suggestion. It is interesting that he does not have another strategy, and we have a measure of that because he started by criticising the fact that citizens’ rights have not been resolved, whereas on Sunday he said, “I agree with David Davis, who says you cannot simply separate out the issues we are dealing with now and the later issues.” He talks about Northern Ireland in the same terms: “To be fair to David Davis, he is right on issues like Northern Ireland. There is only so far you can get before we move to the next phase.” When he has to appear reasonable on Peston he is very different from when he has to appeal to his Back Benchers here.

The simple truth is that there has been extremely productive activity in these negotiating rounds. Mr Barnier is going to the European Council on Friday to present his case, which I hope will argue for more progress both on transition and on the future relationship, but it is for him to make that persuasive case on the day. I know from my own visits across Europe, and Mr Barnier will also know this, that a large number of the 27 member states want to do the same.

The right hon. and learned Gentleman talks about talking up no deal. I cannot think of a time, a day, a moment when I have talked up no deal. We are in the middle of a negotiation, and we want to negotiate in good order and with good faith on both sides, but if we do not prepare for all outcomes, we will leave ourselves exposed to an impossible negotiation. We saw that again this weekend when he and the shadow Chancellor said, “Oh, we’ll pay in perpetuity for access to the single market. We’ll pay whatever it takes. £100 billion. £200 billion. Whatever it takes.”

The simple truth of the matter is that the right hon. and learned Gentleman carps and carps, but he has no options of his own.

Oral Answers to Questions

Debate between Keir Starmer and David Davis

Thursday 7th September 2017 Commons Chamber

[Mr Davis]

My hon. Friend makes exactly the right point: we are able to make trade deals once we leave the European Union, and that will give us enormous benefits, because as the European Commission itself admits, 90% of world trade will be outside the EU, not within it, in the coming decades.

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

The Secretary of State set out his position on the EEA. On 15 August, he told the “Today” programme that transitional arrangements should be

“as close as possible to the current arrangements”.

Two days before that, the Chancellor and the International Trade Secretary said in a joint article that Britain would leave the customs union and leave the single market. Both positions cannot be right. Will the Secretary of State step up to the Dispatch Box and tell us what form of transitional arrangements the Government are seeking to negotiate?

[Mr Davis]

I did that only a couple of days ago. I will come back to the point, but for the House’s interest, I will read a small part of a LabourList article—I read LabourList all the time, of course—by the hon. Member for Aberavon (Stephen Kinnock), who opened this question. He said:

“On Sunday Keir Starmer used an article in The Observer to call time on the ambiguity that had come to define Labour’s approach to Brexit since the referendum”—

the ambiguity, right? He said, “It was an approach”—this is the best bit—

“that…served us well on 8 June”.

What was that ambiguity? Tell leavers you want to leave; tell remainers you want to remain. That ambiguity, of course, could not last, and, as the hon. Gentleman said, it was never sustainable. That is the ambiguity of the right hon. and learned Gentleman who has just asked his question.

Now, our position is very clear. The transition arrangements will meet three different requirements: to provide time for the British Government, if need be, to create new regulatory agencies and so on; time for companies to make their arrangements to deal with new regulation; and time for other countries to make arrangements on, for example, new customs proposals. That is what will be required. That is why we need to be as close as we are to our current arrangements. It does not mean that, in the long run, we are in either the customs union or the single market.

[Mr Speaker]

There is plenty of material for colleagues to include in their Second Reading debate speeches if they so wish. The material might be better located there.

[Keir Starmer]

I asked the Secretary of State his position and he started with my position. If he wants to swap places—any time.

Given the progress to date, and knowing that we will go back to this answer, what prospects does the Secretary of State genuinely believe there are for bespoke transitional agreements being agreed, negotiated and implemented by March 2019? Knowing how anxiously businesses are looking at this, when does he anticipate being able to tell them what the arrangements will be, because they need to make arrangements?

[Mr Davis]

That is a very legitimate and sensible question. I believe that the benefits of a transitional arrangement go both ways—they are symmetrical. They apply equally to France, Holland, Germany or Denmark as they do to us. That is some of the read-back we have been getting. I know that the right hon. and learned Gentleman has been travelling around Europe himself and he will no doubt have picked up that same read-back. We are finding that the Commission is open to discussion of transition. We have raised it only briefly at each of the last two meetings because it does not fit within the current four groups of negotiation, but I think there is a very good prospect.

EU Exit Negotiations

Debate between Keir Starmer and David Davis

Tuesday 5th September 2017 Commons Chamber

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

I thank the Secretary of State for giving me notice of his statement. I also thank him for what I hope will be his agreement to update the House in this fashion after every round of the talks. I think that he has agreed to do that, and I am grateful.

We accept that the negotiations are complex and difficult, and I understand the Secretary of State’s frustration at points with the process and sympathise with the view that some phase 1 issues cannot fully be resolved until we get to phase 2. Northern Ireland is a classic example of that. Although he will not say it, I am sure he is equally frustrated by the deeply unhelpful “go whistle” and “blackmail” comments from some of his own colleagues. I am sure that colleagues and officials in his Department are working hard in these difficult negotiations and I pay tribute to what they are doing behind the scenes. However, the current state of affairs and the slow progress are a real cause for concern. The parties appear to be getting further apart, rather than closer together. Round 3 of the five in phase 1 is gone, and we would now expect agreement to be emerging on the key issues. The last round is in October, and that should involve formal agreement. There is now huge pressure on the negotiating round in September. If phase 2 is pushed back, there will be very serious consequences for Britain, and the concept of no deal, which I hoped had died a death since the election, could yet rise from the ashes—[Interruption.] Great? The second cause for concern is that it is becoming increasingly clear that the Prime Minister’s flawed red lines on issues such as the role of the European Court of Justice or any similar body are at the heart of the problem, as is the matter of progress on EU citizens here and abroad. The Secretary of State, the Prime Minister and the Government need to be much more flexible on that issue. I fear that these examples will crop up not only in phase 1, and that these flawed red lines will bedevil the rest of the negotiations. It is a fantasy to think that we can have a deep and comprehensive trade deal without shared institutions, and the sooner we face up to that, the better.

That brings me to my third concern. We are obviously reaching the stage of the negotiations where fantasy meets brutal reality. The truth is that too many promises have been made about Brexit that cannot be kept. The Secretary of State has just said that no one pretended this would be easy, but the Government were pretending it would be easy. The International Trade Secretary promised that a deal with the EU would be

“one of the easiest in human history”

to negotiate. A year ago, in the heady early days of his job, the Secretary of State himself wrote that

“within two years, before the negotiation with the EU is likely to be complete…we can negotiate a free trade area massively larger than the EU.”

He went on to say that

“the new trade agreements will come into force at the point of exit from the EU, but they will be fully negotiated and therefore understood in detail well before then.”

Even this summer, the Government published position papers riddled with further fantasies. The “track and trace” customs idea was put forward on 15 August as an apparently serious proposition, only to be effectively removed on 1 September by the Secretary of State himself, with the admission that it was merely “blue sky thinking”.

The time for floating fantastical ideas is over. There must be no more promises that cannot be met. This is the brutal reality. We need to know how the Secretary of State intends to ensure that real progress is made in the September round. Is he intending to intensify the talks? Does he accept that it is now time to drop some of the Prime Minister’s deeply flawed red lines, in order to create the flexibility that he says is necessary? When will we see position papers that actually set out the Government’s considered position on the key issues?

[Mr Davis]

I thank the right hon. and learned Gentleman for his comments at the beginning and for recognising that not only on Northern Ireland in particular, but on many other issues, the future relationship is indistinguishable from the ongoing negotiations. That is one of the problems in this negotiating exercise and it arises directly because the Commission is seeking to use keeping the first part of the negotiations going as a pressure point against Britain in the future, and I will return to that in a moment because I have a point to make.

On citizens’ rights, which the right hon. and learned Gentleman holds up as being—I have forgotten what his phrase was, but it involved something about red lines. Anyway, citizens’ rights is not the issue that is vexing the Commission. In fact, internal progress has been remarkably effective. He is quite right about the European Court of Justice, but everything else has been going pretty well. I expect that we will conclude most of those issues—in outline, not in text—quite soon. However, what does the right hon. and learned Gentleman actually want the Government to do? The Commission is saying, “Unless we give approval that sufficient progress has been made, we will not go on to the main substance of negotiation: the ongoing rights.” What is it seeking to get from that? It is seeking to obtain money. That is what this is about. Do members of the Labour party want to pay €100 billion in order to get progress in the next month? Is that what they are about? That is what they were saying. I hope that the answer is no, but what we heard from the shadow Brexit Secretary was a beautiful piece of lawyerly argument that ignored the simple fact that this is a pressure tactic to make us pay. We are going to do this the proper way. We are going to represent the interests of the British taxpayer and that means rigorously interrogating every line of the argument on funding line by line. That is the way that we are going to go.

As for the other elements that the right hon. and learned Gentleman talked about, I do not resile at all from the intention to negotiate a first-rate free trade agreement with the European Union in the course of the next two years. That is why we published all the position papers. He tried to rubbish one or two of them, but let me cite one to him: the customs paper. By the way, saying that something is blue-sky thinking is not to rubbish it; it is to say that it is imaginative and forward-thinking. The position papers were designed to make points to our European partners so that they could see what the future might look like under our vision. Let me give him the response of Xavier Bertrand, the president of Hauts-de-France, which includes Calais and Dunkirk—our nearest ports in France. He said:

“We welcome with great interest the initiatives announced by the British government…as they are likely to preserve trade between the UK and France”.

France is supposedly the country most resistant to our arguments and to free trade, but the man responsible for Calais and Dunkirk said that that is the way that we should go and that is the way that we will go.

Brexit and Foreign Affairs

Debate between Keir Starmer and David Davis

Monday 26th June 2017 Commons Chamber

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

When Britain voted in the referendum one year and four days ago, the question on the ballot paper was narrow and technical—to remain in or to leave the European Union—but the vote was far from narrow and technical. People saw different questions behind those boxes. Above all, the referendum was a vote on the state of the nation, just as the general election turned out to be. The nation is fed up with inequality, fed up with low wages, fed up with under-resourced public services, fed up with the imbalances between our nations and regions, fed up with austerity, and fed up with politics and politicians. If ever there was a need for a Government capable of transforming the country both economically and politically, it is now. Britain needed a transformative Queen’s Speech last week, but this Government are too weak to deliver it. The Queen’s Speech is threadbare and lacking in ambition. There is no detail, and there cannot be, because the Prime Minister gambled and lost. A majority has become a minority. All bets are off for the future. Just when we needed strong government, we have uncertainty and fragility, and I suspect that history will be a harsh critic.

It does not end there. When the Prime Minister made her statement calling for the general election, she said:

“Every vote for the Conservatives will make me stronger when I negotiate for Britain…Every vote for the Conservatives will mean we can stick to our plan”.

She wanted a landslide; she ended up in a mess—her own description. She now has no majority, no mandate, and no authority, and it tells.

The outcome of the first round of negotiations showed how unrealistic the Government’s rhetoric has been. The Secretary of State promised before the election that there would be the “row of the summer” over the Commission’s proposed timetable and schedule for the negotiations. By lunchtime on Monday, he had folded. The Government have also managed to get on the back foot in relation to EU citizens. Had they acted quickly and unilaterally, as Labour repeatedly said that they should, they could have set the agenda. The EU did so instead and stated its position in April: full rights as they are currently enjoyed to be guaranteed and underpinned by the European Court of Justice. The Government’s position is now seen by the EU as an inadequate response.

Although the Prime Minister struggled to give an adequate answer to my right hon. Friend the Member for Leeds Central (Hilary Benn), the Secretary of State and I know, and our EU partners know, that the rights of family reunification currently enjoyed by EU nationals will change, and they will be subject in future to financial and other qualifications that apply more generally. The rights will change, and that is perhaps why that question was avoided. I hope that we get an agreement on EU citizens and on UK citizens, and I hope that we get an early agreement to settle the anxiety, but the Government’s approach to date has made that harder to achieve than it should have been.

[Mr David Davis]

On a point of information, may I ask the right hon. and learned Gentleman—congratulations by the way—whether it is now Labour policy to support the rule of the European Court of Justice within the United Kingdom?

--- Later in debate ---

[Keir Starmer]

I will make my point and then I will give way.

No deal would be a miserable failure. As the Chancellor said last week, no deal would be a very, very bad outcome indeed, but it is what happens automatically on 29 March 2019 if we do not reach agreement—we will be gently pushed over a cliff. Threatening to jump does not kid anyone. No deal means no agreement at all—no agreement on trade, no agreement on security and no arrangements for passing on information, because that is all done according to an EU framework.

[Mr David Davis]

All?

[Keir Starmer]

Not all, but most of it. The Secretary of State knows this very well and he should not belittle it. If we do not reach agreement, we will have nothing in place to replicate current arrangements for passing across security, intelligence, counter-terrorism and counter-crime information—[Interruption.] There is no point in the Foreign Secretary giving that pained expression. No agreement will also mean that we have not reached an agreement on aviation, the Northern Ireland border or EU citizens. That is what no deal is; no deal means no agreement.

The Secretary of State for Exiting the European Union said that we must be honest in this debate. He must know in his heart of hearts that no deal is an untenable position for the United Kingdom to find itself in in 2019, so let today be the day when we bury the phrase, “No deal is better than a bad deal.”

--- Later in debate ---

[Keir Starmer]

I have said on a number of occasions that we should leave being in the customs union on the table. What the Government have done is to sweep these options off the table without evidence, without facts and without assessing the risks. We have said that what we should do is focus on the outcomes. One of the best ways to achieve tariff-free access across Europe is to have the customs union on the table at least as an option to consider.

[Mr David Davis]

I apologise for interrupting the right hon. and learned Gentleman’s flow, but the leader of his party said a couple of hours ago in this House, when I believe the right hon. and learned Gentleman was in the Chamber, that he wanted to strike free trade deals around the world. How is that possible if we remain a member of the customs union?

[Keir Starmer]

The Secretary of State knows very well what I said, and I said it carefully—

--- Later in debate ---

[Keir Starmer]

Thank you, Mr Deputy Speaker. If we are to obtain the exact same benefits of the single market and the customs union, it would be a good start if the Government now accepted that the negotiations will not be complete by March 2019, that transitional arrangements will be needed if we are to avoid a cliff edge and that transitional arrangements must safeguard our economy and jobs, and provide certainty for business. This also means that by the time of the final agreement at the end of transitional arrangements, a model or framework will have to have been agreed which truly does deliver the exact same benefits as the single market and the customs union. We also need a recognition—if we are being honest—that in the end, if we are going to have a meaningful and ongoing relationship with the EU, a court-like body will be needed to settle disputes. I refer not just to state to state disputes, but business to business disputes and individual to individual disputes.

We need to address a further issue on reset: the involvement of Parliament. For the first six months after the referendum decision, the Government fought in the courts to prevent this House having a say even on the triggering of article 50. They then called a general election to crush the opposition to their Brexit strategy, and that approach has to change. There needs to be a much stronger role for Parliament; we need to strengthen scrutiny and accountability, not push it away. Let us start in the following way—I hope and believe this will be agreed: this House needs a formal statement from the Secretary of State after each round of the negotiations, so that we can hear how he reports on progress and we can ask questions. I ask him to set that precedent now and agree that he will come to this House to report in a formal statement.

[Mr David Davis]

As the right hon. and learned Gentleman knows, the answer is yes, I will. The only reason we did not do this today is that we had a statement from the Prime Minister on, in effect, the same subject and, I was hoping, a whole day’s debate on it now.

[Keir Starmer]

I am grateful to the Secretary of State for that, and I understand the point he makes about what happened today—we had a discussion about it earlier. I am grateful that he will set the precedent for the future rounds, the dates of which we know, to come back to this House at the earliest opportunity to make a statement so that we can debate it and question him here.

Let me turn to the repeal Bill. We recognise the need to entrench all EU rights and protections in our law—I said that when the White Paper was published and I say it again now—hence our manifesto proposed an EU rights and protections Bill designed to that end. How it is done matters. As proposed, the repeal Bill would contain sweeping powers for the Executive, with no enhanced safeguards. The statutory instrument procedure has no enhanced safeguards. That is far too sweeping to be accepted across this House. I hear what the Secretary of State says and I take him at his word when he says that there will be no limitations, no qualifications and no sunset clauses. I hope that that message is getting through to his Back Benchers, because many of them campaigned to leave the EU on the very basis that those rights should either not exist or be much reduced or limited. I look forward to seeing a strong three-line Whip through this Bill, making sure that there are no limitations, no qualifications and no sunset clauses.

The repeal Bill does not include the Charter of Fundamental Rights—I hear what the Secretary of State says about that—or any future proofing to ensure that we do not fall behind our EU partners as standards evolve, particularly in the workplace. There are at least seven other Bills, but there is no detail about them because no agreement can be reached on what to put in them.

The Prime Minister called a general election saying that it would provide “certainty and stability” as we enter the Brexit negotiations. Nothing could be further from the truth. We need a deal, and a deal that works. We have started the negotiations in the worst of all circumstances. Britain deserves better than that.