PARLIAMENTARY DEBATE
Next Steps in Leaving the European Union - 10 October 2016 (Commons/Commons Chamber)
Debate Detail
The mandate for Britain to leave the European Union is clear, overwhelming and unarguable. As the Prime Minister has said more than once, we will make a success of Brexit, and no one should seek to find ways to thwart the will of the people expressed in the referendum on 23 June. It is now incumbent on the Government to deliver an exit in the most orderly and smooth way possible, delivering maximum certainty for businesses and workers. I want to update the House on how the Government plan to reflect UK withdrawal from the European Union on the statute book while delivering that certainty and stability.
We will start by bringing forward a great repeal Bill that will mean the European Communities Act 1972 ceases to apply on the day we leave the EU. It was this Act that put EU law above UK law, so it is right, given the clear instruction for exit given to us by the people in the referendum, that we end the authority of European Union law. We will return sovereignty to the institutions of this United Kingdom. That is what people voted for on 23 June: for Britain to take control of its own destiny, and for all decisions about taxpayers’ money, borders and laws to be taken here in Britain.
The referendum was backed by six to one in this House. On all sides of the argument—leave and remain—we have a duty to respect and carry out the people’s instruction. As I have said, the mandate is clear, and we will reject any attempt to undo the referendum result, any attempt to hold up the process unduly or any attempt to keep Britain in the EU by the back door by those who did not like the answer they were given on 23 June.
We are consulting widely with business and Parliament, and we want to hear and take account of all views and opinions. The Prime Minister has been clear that we will not be giving a running commentary, because that is not the way to get the right deal for Britain, but we are committed to providing clarity where we can as part of this consultative approach. Naturally, I want this House to be engaged throughout, and we will observe the constitutional and legal precedents that apply to any new treaty on a new relationship with the European Union. Indeed, my whole approach is about empowering this place. [Interruption.] Think about it.
The great repeal Act will convert existing European Union law into domestic law, wherever practical. That will provide for a calm and orderly exit, and give as much certainty as possible to employers, investors, consumers and workers. We have been clear that UK employment law already goes further than European Union law in many areas, and this Government will do nothing to undermine those rights in the workplace. I notice there were no cheers for that on the Labour Benches.
In all, there is more than 40 years of European Union law in UK law to consider, and some of it simply will not work on exit. We must act to ensure there is no black hole in our statute book. It will then be for this House—I repeat, this House—to consider changes to our domestic legislation to reflect the outcome of our negotiation and our exit, subject to international treaties and agreements with other countries and the EU on matters such as trade.
The European Communities Act means that if there is a clash between an Act of the UK Parliament and EU law, European Union law prevails. As a result, we have had to abide by judgments delivered by the European Court of Justice in its interpretation of European Union law. The great repeal Bill will change that with effect from the day we leave the European Union.
Legislation resulting from the UK’s exit must work for the whole of the United Kingdom. To that end, although no one part of the UK can have a veto over our exit, the Government will consult the devolved Administrations. I have already held initial conversations with the leaders of the devolved Governments about our plans, and I will make sure that the devolved Administrations have every opportunity to work closely with us.
Let me be absolutely clear: this Bill is a separate issue from when article 50 will be triggered. The great repeal Bill is not what will take us out of the EU, but what will ensure the UK statute book is fit for purpose after we have left. It will put the elected politicians in this country fully in control of determining the laws that affect its people’s lives—something that does not apply today.
To leave the EU, we will follow the process set out in article 50 of the treaty on European Union. The Prime Minister will invoke article 50 no later than the end of March next year. That gives us the space required to do the necessary work to shape our negotiating strategy. The House will understand that this is a very extensive and detailed programme of work that will take some time. The clarity on the timing of our proposed exit also gives the European Union the time needed to prepare its position for the negotiation. The President of the European Council, Donald Tusk, said that the Prime Minister had brought, and I quote, “welcome” certainty on the timing of Brexit talks.
We will, as Britain always should, abide by our treaty obligations. We will not tear up EU law unilaterally, as some have suggested, but ensure that there is stability and certainty as Britain takes control on the day of exit, and not before.
People have asked what our plan is for exit. This is the first stage. To be prepared for an orderly exit, there is a need to move forward on domestic legislation, in parallel with our European negotiation, so that we are ready for the day of our withdrawal, when the process set out in article 50 concludes. Therefore, I can tell the House that we intend to introduce the great repeal Bill in the next parliamentary Session. It demonstrates the Government’s determination to deliver the will of the British people, expressed in the EU referendum result, that Britain should once again make its own laws for its own people.
It is nations that are outward-looking, enterprising and agile that will prosper in an age of globalisation. I believe that when we have left the European Union, when we are once again in true control of our own affairs, we will be in an even stronger position to confront the challenges of the future. The Government will build a global Britain that will trade around the world, build new alliances with other countries and deliver prosperity for its people.
The decisions the Government take over the next few months and years on exiting the EU will define us for a generation, so I look forward to seeing the Secretary of State regularly at the Dispatch Box. However, I have to say that he is not making a very good start. His first statement on 5 September was widely criticised for saying nothing, and this one is not much better. When I first read it, I thought it was the statement he gave last time—a bit of process and no substance—but I congratulate him on a bit of humour in the phrase, “we are committed to providing clarity where we can”.
During the referendum campaign, much was made by the leave side of parliamentary sovereignty. In his statement, the Secretary of State said, “We will return sovereignty to the institutions of this United Kingdom.” Yet it seems that the Government want to draw up negotiating terms, negotiate and reach a deal without any parliamentary approval. That is not making Parliament sovereign; it is sidelining Parliament. That is why Labour is calling for a vote on the basic terms proposed by the Government before article 50 is invoked. Some argue that that is a device to frustrate the process. It is nothing of the sort. It is making sure that we get the best possible deal for Britain; it is making sure that the Government actually have a plan; and it is basic accountability on some of the most important decisions of our lifetime.
Let us remind ourselves that the Government had no plan for Brexit in their 2015 manifesto. In fact, they had a manifesto commitment to
“safeguard British interests in the single market.”
Whitehall famously made no plans for the leave vote, and the Prime Minister did not explain her plans for Brexit before assuming office. Now the Government plan to proceed to an exit deal without a vote in this House, which is wholly unacceptable in any democracy. If there is to be no vote when the terms of negotiation are agreed, at what stage in the process does the Secretary of State propose that the basic terms of the article 50 negotiations, about which he said nothing today, should be debated and voted on in this House?
The Secretary of State makes much of the great repeal Bill, so we are having a conversation and debate now about what will happen at the very end of the process instead of what is happening at the beginning of the process. That Bill will not provide for parliamentary scrutiny of the article 50 negotiating plans; it is about what will happen after exit. Can he confirm that the vote on the great repeal Bill will come after, not before, article 50 is invoked next March?
We accept and respect the result of the referendum, but neither those who voted to remain nor those who voted to leave gave the Government a mandate to take an axe to our economy. Throughout the process, the national interest must come first, but by flirting with hard Brexit the Prime Minister puts at risk Britain’s access to the single market, rather than doing the right thing for jobs, business and working people in this country. In fact, I observe that the words “single market” did not appear at all in today’s statement. So much for putting the national interest first.
We need clarity, and we need answers. Can the Secretary of State assure the House today that the Government will seek continued access to the single market on the best possible terms? Will he also assure us that they will end the divisive and hostile tone of Brexit discussions in recent weeks? This is the defining issue of this Parliament and, quite probably, Parliaments to come. The job of any responsible Government is now to bring the country together, not to drive it apart. I hope that he will take that approach.
I will read to the hon. and learned Gentleman a warning from his own party’s shadow Home Secretary, who has said of his comments:
“We have to be really careful that we’re not seen to be not listening. There will be scrutiny but it is, I think, not helpful to pretend we can reverse the result.”
That is a summary from inside the hon. and learned Gentleman’s own party, which does not really support where he is coming from today.
The hon. and learned Gentleman is a lawyer by training and career. Article 50 is a prerogative power in the view of all the lawyers we have spoken to, and in the view of the Attorney-General, who will be presenting that case in court in the coming week. It will be decided in court, which the hon. and learned Gentleman ought to take seriously.
As for the hon. and learned Gentleman’s comments about parliamentary accountability, my Department has effectively existed since the middle of the summer, and in the two weeks of parliamentary sittings that we have had since, we have had two statements and a couple of debates, and we will have his own debate on Wednesday. We are announcing a major piece of legislation very early, and successor legislation to that Bill will also take place. A new Select Committee will be set up to oversee the Department, and there will be numerous debates over the next two years. At the end of the process, we will follow each and every legal and constitutional convention and requirement that applies to all European legislation and treaties. I cannot see how the hon. and learned Gentleman thinks that is in some way not accountable.
After that has happened, Parliament will be able to amend all European Union law, which it has been unable to do before—a fact that the hon. and learned Gentleman overlooked in his comments about accountability. I am afraid he really has to understand the distinction between accountability—I have a little bit of experience of holding Governments to account—and micromanagement, which is what he is trying to do. We have made our view on the negotiations pretty plain. We have said very clearly that we want to control borders. Does the hon. and learned Gentleman agree with that? He can nod or shake his head. Does he want to control borders? He is absolutely stationary—no sign. We want to control our laws. Does he agree with that? No sign. We want the most open barrier-free access to the European market, full stop. That is very clear.
My first question is, will the Secretary of State tell us what plans he has to formally involve the devolved Administrations? I noticed that he talked previously about involving them, but now talks about consulting them. The Government have provided us no answers, so I am going to try to make it easy for him. He has had 89 days since he took up his post—three months on Thursday. To stop him getting into any more trouble with the Prime Minister, I am going to make the next question very, very simple. Does he agree with page 72 of the Conservative party manifesto, on which he was elected, that it should be
“yes to the Single Market”?
In fact, I will make it easier: is it his objective to keep the United Kingdom in the single market?
On our approach to the negotiations, I will not go into the details, but it is very clear. The objectives are simple: to meet the instruction from the British people, which means regaining control of our borders, regaining control of our laws and regaining control of our money, and at the same time getting the best possible access to the European market that we can negotiate—end of story. It is very simple.
The other point I made was that the global competition for talent is something that we must engage in. If we are going to win the global competition in economic terms, we must engage in the global competition for talent. We are entirely determined to do that, but that does not mean, and it is not the same as, having no control of immigration. They are very different issues. We will be going for global talent and we will be going for the best market access we can obtain.
“Executive decisions by the Government should be subject to the scrutiny and approval of Parliament”.—[Official Report, 22 June 1999; Vol. 352, c. 931.]
Can he tell us on the basis of what constitutional principle he believes the Prime Minister can now arrogate to herself the exclusive right to interpret what Brexit means and impose it upon the country, rather than protect the rightful role of scrutiny and approval of this House?
In the past few weeks, we have seen many hundreds of thousands of foreign nationals working here question the welcome they received in this country and their future in this country. We know that many UK citizens living and working abroad in Europe are going through similar turmoil. We have heard now that the Foreign Office has told the London School of Economics that it cannot involve foreign nationals in the work of Brexit as part of a contract. Will the Secretary of State condemn that? Will he reassure the UK citizens living abroad, and will he reassure EU citizens living and working here that they are welcome here in this country? Will he reassure Parliament that, however the Brexit negotiations go, the current arrangement will be maintained?
The other point the hon. Lady made, which is one I raised last week, is extremely serious. I will say two things, first not on the legal status, but on the attitude of some people post-referendum—the encouragement of hatred and so on. I condemn that unreservedly and I think everybody in this House would condemn that whipping up of hatred unreservedly. In terms of European migrants here, the intention of the Government is to do everything possible to underwrite and guarantee their position, at the same time as we underwrite the similar position of British migrants abroad. That is what we intend to do—
“The relief sought…to compel the Secretary of State to introduce legislation into Parliament to give effect to the outcome of the referendum—is constitutionally impermissible. The Court would be trespassing on proceedings in Parliament.”
It is obviously nonsensical to say that to involve Parliament is trespassing on Parliament. Did the Secretary of State really give the instructions to the lawyers for this submission?
We start with an advantage, which the right hon. Gentleman, being who he is, has probably spotted, in that we will have exactly the same regulatory basis on the day we leave as the rest of the European Union. That is normally the biggest thing that gets in the way of major trade negotiations. I therefore do not expect the circumstance he describes. I will not offer a view, but simply say this: we will do everything possible to protect, enhance and maximise the opportunities for British business. He can draw his conclusion from that.
“I will forgive no one who does not respect the sovereign voice of the British people once it has spoken whether it is a majority of 1% or 20%...When the British people have spoken you do what they command…Either you believe in democracy or you don’t.”
Those are the words of Lord Ashdown of Norton-sub-Hamdon in the district of Yeovil in the county of Somerset, who is the most elitist liberal I know, which is saying something. I therefore urge my right hon. Friend to be true to the views of Lord Ashdown, the principles of liberalism and the traditions of this House, and to give effect to the British people’s vote. Seventeen million votes were cast on 23 June for Britain to leave the European Union. Attempts by anti-democratic and illiberal voices on the Opposition Benches to thwart the British people’s will will rightly be treated with disdain.
“a pre-negotiation White Paper”.
He also said:
“I would expect the new Prime Minister on September 9th to immediately trigger a large round of global trade deals with all our most favoured trade partners.”
Will he update the House and tell us whether the Government are still committed to the pre-negotiation White Paper that he promised, and the countries with which we have triggered trade deals since 9 September?
Second, there will be a Select Committee whose sole job for the few years for which it will exist will be to scrutinise the Department. As far as I can, I will be open with it, but I will not give away things if that is deleterious to the national interest. This is an important point to remember: it is the national interest that is engaged, whether we want to talk about the outcome, or whether we want to get the outcome.
First, we must obey the democratic instruction that we were given. Secondly, I strongly challenge the idea that this will somehow cause an economic downturn. It will not: it will create economic opportunities on a major scale, and that is what we look forward to.
Let me also say to the hon. Gentleman that one of the areas receiving the most attention at the moment is Northern Ireland. We do have issues to resolve on the border, and we will resolve them. We will not return to the old borders—the border style of old. We will maintain the common travel area. Indeed, we will maintain all the benefits that we had in Northern Ireland before we entered the European Union.
Does the Secretary of State accept that sovereignty in Scotland lies with the people and not with Parliament, so it is ultimately for the people of Scotland to decide whether they remain in the United Kingdom or the European Union?
I have forgotten what the hon. Gentleman’s other point was now. [Interruption.] Yes, Scotland. I apologise; I should not have forgotten that. The simple truth is that the decision was UK-wide, and had it gone the other way, he would not be arguing against it.
“The reason the pound keeps zooming south is that absolutely nobody has the faintest idea what exactly we’re going to put in place”
for the single market. I rather got the impression from the Secretary of State earlier that he did not agree with that statement. If he does not, to what does he attribute the repeated plummeting of the pound since 24 June, and does he agree with the hon. Member for Kettering (Mr Hollobone), who is no longer in his place, that it is a good thing that the pound keeps plummeting?
I do not agree with my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke). There will definitely be very large markets for British industry after we exit the European Union. What the hon. and learned Member for Edinburgh South West (Joanna Cherry) has seen on the currency markets has been a response to an article about President Hollande’s comments, massively exacerbated by program trading, which is corrected later on.
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