Oral Answers to Questions

Debate between Tom Brake and David Davis

Thursday 15th March 2018 Commons Chamber

[Mr Davis]

Yes, and interestingly my right hon. Friend’s question links to that asked by the hon. Member for Glasgow North (Patrick Grady) about whether some people on the continent think that letting us get a good deal would be a bad thing for the future of the European Union. Were people to turn that into a punishment deal, plainly no deal would be better than that. We are, of course, allocating the necessary resources, as the Chancellor has said.

[Tom Brake (Carshalton and Wallington) (LD)]

The Secretary of State backs a 21-month transition period. Given that the Government’s own impact assessment points to every sector and region of the UK being damaged by Brexit, what discussions has he had with different sectors about the extra damage that a short, 21-month transition period could inflict on jobs here? Which sectors or companies have told him that a 21-month transition period is acceptable—the CBI, for example, which called for a three-year transition period, or the EEF, which called for at least two years?

[Mr Davis]

The first thing I would say is that there is no official Government document that makes that forecast. There is work in progress, but that is not an official Government forecast—indeed, we do not believe it. The simple truth is that, first off, the most important priority is to establish an implementation period as soon as possible, so that companies can have certainty. That is the view of the CBI, the British Chambers of Commerce, the Institute of Directors and pretty much every other business group there is.

Oral Answers to Questions

Debate between Tom Brake and David Davis

Thursday 14th December 2017 Commons Chamber

[Mr Davis]

One reason is that, if we stayed in the European Union completely, we would still be subject to the duty of sincere co-operation, which is what constrains us from carrying out free trade negotiations. That is one reason, at least, why we would not do that.

[Tom Brake (Carshalton and Wallington) (LD)]

Does the Secretary of State believe that the prospect of being granted an implementation or transition period by the European Union has been improved by the Secretary of State saying that the past six months of negotiations have led only to a “statement of intent” by the Government? Would he like to restate that, in fact, the Government are committed to delivering what they have secured in the past six months of negotiations with European Union?

[Mr Davis]

As usual, the right hon. Gentleman takes a partial quote and tries to make something of it. I have said, in terms, that the withdrawal agreement will be a treaty, and treaties are binding on this country. That is what we intend. I also said, in the interview to which I think he is referring, that it is our intention, whatever happens, to protect the status of Northern Ireland, both in terms of its being within the United Kingdom and in terms of protecting the status of the border as being invisible as it is now. It would be very good if the right hon. Gentleman did not misrepresent what I have said.

EU Exit Negotiations

Debate between Tom Brake and David Davis

Tuesday 5th December 2017 Commons Chamber

[Mr Davis]

My hon. Friend, who has a long and distinguished record in the European Parliament and knows the institutions there as well as anybody, brings great wisdom and insight to this discussion, and she is of course absolutely right.

[Tom Brake (Carshalton and Wallington) (LD)]

The Government’s sheer incompetence is turning the Brexit negotiations into a national humiliation. Is it not time that the Secretary of State agreed that staying in the single market and the customs union is the only way to solve the Northern Ireland border, and indeed by staying in permanently—I say that as much for the benefit of Labour Front Benchers as for his—and that he should give the people a vote on the deal, to secure popular support for that stance?

[Mr Davis]

I will break the habit of a lifetime and pay the right hon. Gentleman a compliment: he is at least standing by the manifesto on which he stood at the general election. Of course, being a Liberal Democrat manifesto, it was completely wrong.

EU Exit Negotiations

Debate between Tom Brake and David Davis

Monday 13th November 2017 Commons Chamber

[Mr Davis]

I made my hon. Friend’s last point to one of the member states only last week.

[Tom Brake (Carshalton and Wallington) (LD)]

When I recently met residents in Forkhill in south Armagh who were very badly affected during the troubles, they had no solution to the question of the Ireland-Northern Ireland border, and nor has anyone else who I have met since. Can the Secretary of State set out how it is possible for us to leave the customs union and for there still to be a frictionless, no-touch, no-control border between Ireland and Northern Ireland?

[Mr Davis]

We have published a whole paper on the subject. There is a whole range of options available for the country, including using trusted trader schemes, using electronic pre-notification and using exemptions for small businesses. There is a whole series of them that we have talked about at length—the right hon. Gentleman just has to read them.

Leaving the EU: Parliamentary Vote

Debate between Tom Brake and David Davis

Thursday 26th October 2017 Commons Chamber

[Mr Davis]

My right hon. Friend is, of course, right. He knows this subject rather better than most, given that I have been quoting him throughout my contributions today. During the course of the article 50 Bill, I made the point a number of times to the House that there will be many votes on many aspects of the deal—on the Bills before the House now such as the European Union (Withdrawal) Bill and the Nuclear Safeguards Bill, and on a number of other pieces of primary legislation. In addition, the undertakings to this Chamber were given over and above the Constitutional Reform and Governance Act 2010. I remind the House that that means that any treaty—there may well be a number, as the Chair of the Select Committee said—is subject to being denied ratification by a vote of this House. That point should not be forgotten.

[Tom Brake (Carshalton and Wallington) (LD)]

Does the Secretary of State accept that a meaningful vote will be a vote that allows Parliament to send the Government back to the negotiating table, rather than the false choice between a deal and no deal? If Parliament is offered a meaningful vote, the public should also be offered one—a vote on the facts.

[Mr Davis]

The right hon. Gentleman’s party’s policy is for a second referendum, and I do not think that any other party in the House believes in that.

EU Exit Negotiations

Debate between Tom Brake and David Davis

Tuesday 17th October 2017 Commons Chamber

[Mr Davis]

I have been meeting mayors of the major cities at my behest and not at anybody else’s, starting with the Mayors of London, Liverpool, Manchester and Teesside and others will follow.

[Tom Brake (Carshalton and Wallington) (LD)]

rose—

--- Later in debate ---

[Mr Davis]

I must say, with respect to the hon. Lady, that that is news to me. If she sends the individual case to me, I will take it up with the Home Office for her.

[Tom Brake]

This is something that the Minister’s office will not have to leak to Guido Fawkes. Does the Secretary of State accept that some of the consequences of crashing out of the EU will be: destabilising the lives of millions of EU citizens in the UK and of UK citizens in the EU; gridlock at our ports; and a loss of investor confidence in sectors as varied as the creative industries, the automotive sector and the food and drink sector? Will he rule out once and for all the so-called no-deal option, even if it does appeal to some of the fanatics on his Back Benches, and work instead towards a solution that keeps the United Kingdom in the single market and the customs union permanently?

[Mr Davis]

The first thing that I point to is the right hon. Gentleman’s wonderful selective choice of fantasies—none of them is true. He has ignored the fact that inward investment in the UK was at record levels in the first half of this year. As he raises the point about how a letter of his came to the attention of Guido Fawkes—he did it in a point of order yesterday and has alluded to it again today—let me tell him that that letter came to me via a journalist who already had full knowledge of its entire contents. I am afraid that he has no apologies coming from me on that either.

Oral Answers to Questions

Debate between Tom Brake and David Davis

Thursday 7th September 2017 Commons Chamber

[Mr Davis]

Yes, my right hon. Friend is quite right. The simple truth is that membership of the European Free Trade Association, for example, which would be one way to retain EEA membership, would do exactly that: it would keep us within the acquis, and it would keep us within the requirements of free movement, albeit with some limitations, but none of those have worked so far. In many ways, it is the worst of all outcomes. We did consider it—I gave it some considerable thought, maybe as an interim measure—but it seemed to me to be more complicated, more difficult and less beneficial than other options.

[Tom Brake (Carshalton and Wallington) (LD)]

The Secretary of State has given an equivocal answer on whether there might need to be a vote on the EEA. Will he consider whether we should also have a vote on the settlement bill and, indeed, on the cost of the Nissan deal set out in the rather heavily redacted letter I have here?

[Mr Davis]

Well, the heavily redacted letter was not from me, so I am not entirely sure what the right hon. Gentleman is referring to, but the answer, generally, is no.

European Union (Withdrawal) Bill

Debate between Tom Brake and David Davis

Thursday 7th September 2017 Commons Chamber

[Mr Davis]

In a moment.

These powers allow Ministers to make those changes to ensure that the statute book works on day one. This will be a major shared undertaking across the United Kingdom.

[Tom Brake (Carshalton and Wallington) (LD)]

rose—

--- Later in debate ---

[Mr Davis]

If the hon. Gentleman will be patient, I will come later in my speech to the detail of that and how that process will work.

[Tom Brake]

Will the Secretary of State take this opportunity to confirm that the Government will not use this Bill to make policy changes?

[Mr Davis]

Again, I will go into that in some detail. There is one exception to this, but the primary aim behind the Bill is to maintain policy as it is now. The only exception to that is under the withdrawal arrangements, and that will be time-determined and limited. I will detail that in a second.

EU Exit Negotiations

Debate between Tom Brake and David Davis

Tuesday 5th September 2017 Commons Chamber

[Mr Davis]

My right hon. Friend is exactly right, and one of the things I have picked up going around the European Union countries is that most of those nations also understand that fact very plainly. That is particularly true of those on the North sea littoral—Holland, Belgium and France, which I have mentioned, and Denmark—which all know that the impact of no deal on their economies would be dramatic, and more dramatic than for us.

[Tom Brake (Carshalton and Wallington) (LD)]

Petulant references to the EU blackmailing the UK do not help our negotiating stance; in fact, they increase the risk of our crashing out of the EU. In those circumstances, does the Secretary of State still agree with himself on the need for a decision referendum, which would allow people to vote on the terms of the deal or to stay in the EU?

--- Later in debate ---

[Mr Davis]

The right hon. Gentleman has had great difficulty understanding the distinction between mandate referendums and decision referendums down the years. I suggest he goes back and reads the speech properly, because he is just wrong and he does not understand it—

[Tom Brake]

I have read it.

[Mr Davis]

If he has read it, I fear he has some other problem.

Brexit and Foreign Affairs

Debate between Tom Brake and David Davis

Monday 26th June 2017 Commons Chamber

[Mr Davis]

Security considerations pretty much always predominate when it comes to the control of immigration and control of migration generally, and there will be no difference in this case. We obviously treat the security of all our citizens, and all our allies’ citizens, as paramount. There should be, for instance, a broad security agreement covering all aspects of our current collaboration, including defence, foreign policy, justice, home affairs, law enforcement and counter-terrorism, which should be supported by continued co-operation and open access in highly regulated areas such as aviation, financial services, data, transport and nuclear.

We recognise that such a wide-ranging partnership will require fair and uniform implementation. It must also be long-lasting. That is why we must ensure that mechanisms exist to manage the evolution of our regulatory frameworks to maintain a fair and open trading environment and minimise non-tariff barriers.

[Tom Brake (Carshalton and Wallington) (LD)]

rose—

--- Later in debate ---

[Mr Davis]

I congratulate my hon. Friend on what I think is her maiden intervention. It was delivered brilliantly, as I would expect, and she is exactly right. We want a deep, special, bespoke arrangement to maximise our trade opportunities.

As I was saying, the 90% growth outside the European Union means that our relative share of trade in the EU has gone down. In services, for example, we are now 60% outside the EU and 40% inside it, and all of this is without preferential trade agreements for much of our trade. Just so that the House understands, the best academic data that I could find show that creating a new trade agreement increases the amount of trade by about 28%. If the House wants an individual parable, in the first seven years of its operation, the North American Free Trade Agreement increased trade by 40%. These are really significant items of policy that we can exercise.

[Tom Brake]

rose—

[Mr Davis]

I see the right hon. Gentleman looking at me, so I shall give way to him.

[Tom Brake]

On the question of academic research, can the Secretary of State confirm what the most recent research says about the cost to the British economy of coming out of the single market and the customs union?

[Mr Davis]

That research would depend on what the actual deal was. It is madness to make an estimate without knowing what the deal is. If the deal involves a comprehensive free trade area with no tariffs and no non-tariff barriers, there will be zero effect. It is rather daft to try to cite some non-existent academic issue.

Exiting the EU: New Partnership

Debate between Tom Brake and David Davis

Thursday 2nd February 2017 Commons Chamber

[Mr Davis]

I agree with him entirely on both counts.

[Tom Brake (Carshalton and Wallington) (LD)]

Does the Secretary of State accept that the best way to continue the benefits of the common systems and frameworks that enable UK and EU businesses to trade would be to stay in the single market and rejoin the European Free Trade Association? Does he also accept that, for UK businesses to have continued access to the single market, there will need to be mechanisms to ensure that UK regulations do not diverge from EU regulations? Can he explain what happens to sovereignty then?

[Mr Davis]

The answer to the right hon. Gentleman’s first question is no, because, again, membership of EFTA would put us within the reach of European regulations and the European Courts. Frankly, that would take away what influence we do have. We have laid out in the White Paper what is the best relationship, which is a customs agreement and a free trade agreement. Bear in mind that we are starting from a position of identity. He makes a good point about maintaining that identity, and we will publish proposals on that in due course, but this is what we are going to do. It is perfectly possible to go the route I am talking about without rejecting the decision of the British people on 23 June last year.

European Union (Notification of Withdrawal) Bill

Debate between Tom Brake and David Davis

Tuesday 31st January 2017 Commons Chamber

[Mr Davis]

My hon. Friend is exactly right. I said last week that I view the terms hard Brexit and soft Brexit as propaganda.

[Tom Brake (Carshalton and Wallington) (LD)]

Does the right hon. Gentleman agree that the people need to be better informed about the impact of Brexit? At what point are the Government going to publish their analysis of the impact on jobs of our leaving the single market?

[Mr Davis]

The assertions that people like the right hon. Gentleman made in the run-up to the referendum have turned out to be universally untrue so far, so I do not think he is in a position to lecture us on this matter.

I turn now to the reasoned amendment tabled by the Member for Moray (Angus Robertson). As I have already said, the Bill simply seeks to deliver the outcome of the referendum, a decision the people of the UK have already made. They will view dimly any attempt to halt its progress. The Supreme Court’s judgment last week made it clear that foreign affairs are reserved to the UK Government. The devolved legislatures do not have a veto on the UK’s decision to withdraw from the European Union. However, that does not mean we have not paid a great deal of attention to them. We have consistently engaged with the devolved Administrations through the Joint Ministerial Committee on European Negotiations and the Joint Ministerial Committee plenary. The latter met yesterday in Cardiff, and the meeting was attended by the First Ministers of all the devolved Administrations. In addition, and independent of those meetings, I have had bilateral meetings with the devolved Administrations, and there have been 79 official-level meetings to discuss the interests of each of the devolved Administrations.

Article 50

Debate between Tom Brake and David Davis

Tuesday 24th January 2017 Commons Chamber

[Mr Davis]

As ever, my hon. Friend speaks for England.

[Tom Brake (Carshalton and Wallington) (LD)]

We are all trying to get the best deal for our constituents. That is why the Liberal Democrats will seek to amend the article 50 Bill to give people their first say on the terms of the UK’s future relationship with the European Union, and on Government plans to crash out of the single market and the customs union, inflicting huge damage on families and businesses up and down the country. Why do the Government not take this opportunity to boost their democratic credentials and simply agree to such a popular vote?

[Mr Davis]

I would ask the right hon. Gentleman to exercise his brain on this matter. The consequence of putting a second referendum at the end of the negotiation is to invite every single member of the European Union who does not want us to leave to propose the worst possible deal, in the hope that we will change our mind. We are not going to do that.