Parliamentary Scrutiny of Leaving the EU

Pat McFadden Excerpts

Wednesday 12th October 2016 Commons Chamber

[Mr Davis]

Broadly, the argument about full access and control of our borders is an argument that the Prime Minister has already made in the last few weeks, so I do not think I need to elaborate on it. However, let us understand something about this—sometimes, we seem to be arguing over which end of the egg we open first. The argument between us is where the dividing line is on what we tell Parliament about. The hon. and learned Member for Holborn and St Pancras recognised in terms, I think, that we could not give every detail to Parliament and that, despite his letter, we could not give a blow-by-blow account—that we could not have Parliament dictate how we dealt with the trade-offs, the terms and so on. [Interruption.] Despite the noise to his right, it is fairly plain that that is what the criterion is; that is where the problem is.

Let us be clear how this applies. If someone tells their opposite number in a negotiation exactly what their top priority is, that will make that top priority extremely expensive. Ordinary people, in their ordinary lives, probably do one big transaction themselves, and that is the purchase of a house. If someone went to buy a house, and they looked at only one house, told the owner that they were in love with that house and made a bid for it, I suspect the price would go up.

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

Will the Secretary of State give way?

[Mr Davis]

In a moment—I have a lady over here who wants to make an intervention.

Similarly, if someone makes pre-emptive indications that they are willing to make a concession on something, they reduce the value of that concession. Therefore, in many, many ways, we cannot give details about how we will run the negotiation.

--- Later in debate ---

[Mr Davis]

That is why we made it plain at the beginning of this process that we would have the great repeal Bill, which will put into UK law—or domestic law, more accurately—what is currently the acquis communautaire. That is the start position. Then it comes down to the House to amend that under the guidance of the individual Departments. There may be, for example, a fisheries Bill; there may be some other legislation of that nature. That will have to be argued through at the time. It is pretty straightforward.

[Mr McFadden]

The Secretary of State said a moment ago that it would be a mistake for the Government to illustrate what its top priority in the negotiations was, but is it not the case that every speech at the Conservative party conference indicated that the top priority was the control and limitation of immigration from within the European Union?

[Mr Davis]

That, frankly, will be within our own control. If you leave the European Union, that gives you control over that issue. How you deal with the European Union, and trade with it, then comes on from there, so that is not an issue that actually meets that.

The simple demonstration of the point I am making is this: in Northern Ireland, where we have the really important issue of soft borders to resolve, both sides of the decision-making process—the Northern Ireland Executive and the Irish Government—have a similar interest. As a result, we can be very open about that issue, and we have indeed been very open about it; indeed, the Secretary of State for Northern Ireland was quoted in The Guardian on Monday in detail about what he is trying to achieve in terms of customs arrangements, cross-border arrangements and the common travel area. All of those things were very straightforwardly laid out in some detail. Why? Because that does not give away any of our negotiating cards, as this is between two people with the same aim. That is a much better example of how we have to be careful about what we say as we go into the negotiations.

--- Later in debate ---

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

Between the date of the referendum and the start of the Conservative party conference, not a lot was clear about the Government’s intentions. There were various statements from the three Brexiteer Ministers, and they were slapped down one by one over either the customs union, the single market or the timing of the invoking of article 50. However, that lack of clarity changed at the Conservative party conference. One thing became clear: the Government had decided that limiting immigration from elsewhere in the European Union must be the driver of everything else. That is their overriding priority as they approach the negotiations. All other considerations, be they economic, security-related, trade-related or in any other field, must take second place.

The Government’s policy is immigration first, economics and everything else second, and the markets have expressed their views on that priority. The pound is plummeting; its slide began with the referendum result, and has been sharpened since the Conservative party conference. As we heard from my hon. Friend the Member for Wallasey (Ms Eagle), there are reports that it is now trading at a 168-year low, and the nonchalant attitude of Ministers to that is woefully complacent.

A recent newspaper article quoted the Prime Minister’s description of her modus operandi, which was as follows:

“I don’t just make an instant decision. I look at the evidence, take the advice, consider it properly and then come to a decision.”

Perhaps, when he sums up the debate, the Minister will tell us what economic assessment was made for the stance taken by the Prime Minister and other Cabinet members at the party conference. What impact will this hard Brexit have outside the single market and the customs union? What impact will it have on our manufacturing industry, our financial services or our agriculture? What impact will it have on the border between Northern Ireland and the Republic? What were the papers of which the Prime Minister spoke? What was this careful process? Is not the truth that there was no process at all? There was no looking at the evidence, no taking advice, and no considering it properly. Instead, a desire for headlines and for appeasing the hard Brexiteers in the Prime Minister’s own party took priority over the national interest.

Let me now deal with the substance of the motion. The 170 questions published today by my Front-Bench colleagues are entirely legitimate questions to ask on behalf of our constituents. The public have a right to know about our future trading arrangements, security arrangements, border arrangements, and so on. The Government cannot shut down legitimate questioning of their policy by proclaiming that anyone who questions their direction or intent is trying to deny the result of the referendum. That is simply not the case. The sight of these erstwhile champions of parliamentary sovereignty desperately pleading that the Executive now be given a blank cheque for anything that they want to do may be amusing on one level, but it will not hold in terms of how this process will be conducted.

[Sir Desmond Swayne (New Forest West) (Con)]

I am glad. I have heard the mantra repeated again and again: despite having voted to remain, Members accept the will of the electorate. But when the mask slips, as it did during the speech of my right hon. Friend the Member for Broxtowe (Anna Soubry)—

[Sir Desmond Swayne]

Of course she is entitled to her view, but when that mask slipped, it was cheered on the other side. Do those Members really accept the will of the voters, or is this actually a ruse to thwart Brexit?

[Mr McFadden]

The attempt by the right hon. Gentleman and others to shut down questioning of the Government’s intentions is simply an attempt to shut down discussion and scrutiny, and it will not stand. Let us ask ourselves for a moment what would have happened if the result had been the other way round. What if it had been 52% to 48% in favour of remaining? Do we seriously think that the Members who supported a leave vote would have stopped asking questions about the Government’s EU policy, and would have said that all future decisions relating to the EU were purely a matter for the Executive? No, they would not, and such a proposition is totally absurd. I welcome the Government’s partial climbdown in the amendment, but Ministers must realise that Members on this side will keep pressing for the facts, for discussion, and for a parliamentary say in the terms of Brexit itself.

I want to make one more point. It is reported that, in another context, the former United States Secretary of State Colin Powell once said, “If you break it, you’ve bought it”. That is sometimes referred to as the Pottery Barn rule. Well, those who led the leave campaign, many of whom are now Ministers in the Government, should remember that phrase, because what has been broken is our membership of the European Union, and they now own the consequences. They own the drop in the pound. When a great company such as Nissan says that it will suspend investment, they own that suspension. They own the promises, such as the promise of £350 million extra for the NHS, which will not be forgotten or set aside. That phrase, “If you break it, you’ve bought it”, is not just a phrase for today’s debate. It will ring through every decision and every consequence in the years ahead.

[Several hon. Members rose—]