Leaving the EU: Customs

Mel Stride Excerpts

Wednesday 16th May 2018 Commons Chamber

[The Financial Secretary to the Treasury (Mel Stride)]

This has been a wide-ranging debate. We have covered customs models and second referendums. We have covered the single market. There has even been a spirited attempt by my hon. Friend the Member for Yeovil (Mr Fysh) to challenge the very orderliness of the motion, and the Chair. He is a braver man than I am. We have heard the hon. Member for Bootle (Peter Dowd) extol the virtues and the leadership qualities of Mickey Mouse, with which I am sure he is most familiar on his side of the House. However, I wish to bring Members back to the important matter of the motion, which calls for

“all papers, presentations and economic analyses”

presented to

“the European Union Exit and Trade (Strategy and Negotiations) Cabinet sub-committee, and its sub-committees”

to be laid before the House.

As my right hon. Friend the Chancellor of the Duchy of Lancaster said in his opening speech, any papers or analyses created for the Cabinet are rightly confidential. That is a well-established principle. Ministers must be able to discuss policy issues at this level frankly and to debate the key matters of the day within a safe space. There is a real risk that if details of Cabinet Committee discussions were made publicly available, Ministers would feel restricted from being open and frank with one another. The quality of decision making would be diminished, the advice of officials would be exposed in the most unreasonable manner, the tendency to make oral decisions would be amplified and there might even be communication via post-it notes, as my right hon. Friend suggested.

I say this not in a partisan manner. It is an important principle that applies to any Government of any political composition. The concept is, of course, not new. My right hon. Friend quoted the former Home Secretary Jack Straw, whose own White Paper on freedom of information concluded:

“Now more than ever, government needs space and time in which to assess arguments and conduct its own debates with a degree of privacy.”

[Anna McMorrin]

I thank the Minister for giving way so graciously, unlike his counterpart earlier.

As was mentioned earlier by my hon. Friend the Member for Leigh (Jo Platt), there have been reports today that the Government are considering shelving the European Union (Withdrawal) Bill and incorporating elements of it in a withdrawal and implementation Bill. What does the Minister say to that? Can he confirm that those reports are inaccurate, rather than risking possible defeats on the customs union?

[Mel Stride]

I assure the hon. Lady that the European Union (Withdrawal) Bill, which has gone through the House of Lords, will, in due course, return to this House for further consideration in the normal manner.

The concept of which I have spoken has been accepted by successive Governments and Oppositions. It was explicitly recognised in the terms of the last motion for an Humble Address tabled by the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), which called for documents to be made available on a confidential basis—a principle from which he appears now to have departed. By contrast, this Government have been consistent in respecting their obligations to Parliament.

Whether through debates on primary legislation in this place, Select Committee inquiries, statements to the House, written statements or parliamentary questions, Parliament has been kept updated and informed, and it will continue to be given ample opportunity to scrutinise the negotiations as they progress. My right hon. Friend the Secretary of State for Exiting the European Union has made 10 oral statements in the House, Ministers from the Department for Exiting the European Union have made 84 written ministerial statements to both Houses and the Department has answered more than 1,700 parliamentary questions from Members and peers. Ministers from the Department have also appeared before a wide range of Select Committees in both Houses on 34 occasions. The Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Worcester (Mr Walker), has given evidence before Westminster Committees on 10 occasions and to devolved Committees on six occasions, and looks forward to attending the Exiting the European Union Committee once again next week.

[Emma Reynolds]

We may have had 84 ministerial statements, but we only have five paragraphs on the Prime Minister’s preferred option of the customs partnership in the “Future customs arrangements” paper of last August. When will we get more detail than those five paragraphs on that option?

[Mel Stride]

It might have escaped the hon. Lady’s attention, but we announced this morning that there will be a further thoroughly comprehensive White Paper setting out all these matters, with further detail on the customs arrangements we may be seeking going forward. On customs in particular, I have in this House led many debates on behalf of the Government. I have led the Taxation (Cross-border Trade) Bill through a Ways and Means debate, a Second Reading and four days in Committee. HMRC officials have sat before numerous Committees to provide evidence on the Government’s position. Before that, the Government published a customs White Paper, to which the hon. Lady referred, on our future customs arrangement.

[Lady Hermon]

rose—

[Mel Stride]

I can do nothing but give way to the hon. Lady.

[Lady Hermon]

The Minister and the House will be well aware of the comments that were made public last night by the Chief Constable of the Police Service of Northern Ireland about the threat from the new IRA dissidents who will exploit Brexit. That is in the public domain, so will the Minister give a commitment that redacted copies of those security briefings will be made available in the Library, or, if not in the Library, to the Brexit Committee and its Chairman? That is already in the public domain through the words of the Chief Constable.

[Mel Stride]

The hon. Lady raises an important issue about the security of Northern Ireland, and the first point I would make is that we are absolutely crystal-clear that there will be no hard border between Northern Ireland and the Republic of Ireland for the very reasons she raises. On her specific question about potentially receiving what would be some very sensitive information, albeit redacted, that would be best taken up with the Secretary of State for Northern Ireland, rather than by me making any specific comment from the Dispatch Box.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

Will my right hon. Friend confirm that it is still the Government’s firm commitment that there will be no new physical infrastructure on the Irish border and some degree of regulatory convergence if necessary and no customs border down the Irish sea, so this will presumably apply to Dover, Holyhead and everywhere else? Will he confirm that, whatever discussions are going on, quite rightly, in private within the Government, those commitments remain absolutely firm?

[Mel Stride]

My right hon. and learned Friend will know that the joint report issued in December after the phase 1 negotiations covers exactly the issues to which he refers, and of course the Government will entirely stand by and remain committed to the commitments they made in that statement. The Government have this morning committed to publishing a further White Paper before the June European Council. This will communicate our ambition for the UK’s future relationship with the EU in the context of our vision for the UK’s future role in the world.

We have always been clear that we will not provide a running commentary on the internal work being carried out in the Government on these highly sensitive and vital negotiations. We are focused on delivering on the referendum result in the national interest, and that means having a stable and secure policy-making process inside the Government. It would not therefore make sense, and would go against the national interest, to release information that could in any way undermine the UK’s position in our negotiations, a point the House has previously recognised. To provide details of the confidential discussions between Ministers regarding our negotiating strategy to those in the EU with whom we are negotiating would be a kind of madness that surely even the Labour party would find a stretch.

We have shown our willingness to share sensitive information with Parliament, but we will not do so to the detriment of our national interests. Let us see this motion for what it truly is. It is not a motion designed to assist our country at this critical time in our history, to secure our future outside the European Union or to help Parliament to fulfil its duty to our people. No, this is a motion about something rather less noble. It is a motion designed purely for the purposes of party politics and it should be seen for what it is. We should reject this motion today.

Question put.