Leaving the EU: Customs

Debate between Mel Stride and Anna McMorrin

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.