PARLIAMENTARY DEBATE
Leaving the EU: Sectoral Impact Assessments - 28 November 2017 (Commons/Commons Chamber)
Debate Detail
In the past three weeks, Departments have worked to collate and bring together this information in a way that is accessible and informative. I am glad to be able to confirm that this information has been provided not only to the Select Committee on Exiting the European Union but to the House of Lords EU Select Committee and, indeed, to the devolved Administrations. I can also, Mr Speaker, with your permission, inform the House that we have initiated discussions with the parliamentary authorities to make this information available to all colleagues through a reading room.
We were clear from the start that we would respond to the motion, but also that the documents did not exist in the form requested. Indeed, I made it clear to the House during the debate on the day that
“there has been some misunderstanding about what this sectoral analysis actually is. It is not a series of 58…impact assessments.”—[Official Report, 1 November 2017; Vol. 630, c. 887.]
As I said, the sectoral analysis is a wide mix of qualitative and quantitative analysis contained in a range of documents developed at different times since the referendum. The House of Commons itself has recognised that, although Ministers should be as open as possible with Parliament, the Government also have an obligation to consider where it will be in the public interest for material to be published.
Furthermore, it is important to recognise that, in some cases, there is commercially confidential information in the analysis and that, in many cases, the analysis was developed to underpin advice to Ministers on negotiation options in various scenarios. It is well understood, as has been the case under successive Administrations, that such advice to Ministers must remain private.
In the light of all that, my right hon. Friend the Secretary of State for Exiting the European Union made a statement on 7 November in which he explained that, given the documents did not exist in the form requested, it would take
“some time to collate and bring together this information in a way that is accessible and informative to the Committee.”—[Official Report, 7 November 2017; Vol. 630, c. 1333.]
He committed that the reports would be provided within three weeks. In providing the information to the Committee yesterday, we have met that commitment. Parliament has endorsed the responsibility of Ministers not to release information that would undermine our negotiating position. Contrary to what has been asserted in some places, the Committee did not give any firm assurances that what was passed to it would not subsequently be published in full. Where there are precedents for Government agreeing to pass information to Select Committees in confidence, these have been on the basis of assurances received before material is shared or a clear set of rules, such as those governing intelligence material.
When he met the Secretary of State, the Chairman of the Select Committee did say that he was willing to enter into a dialogue—after the Select Committee had received documents from the Government. But that is not the same as an assurance that, if we provided confidential or sensitive material, it would not be published, and it is not in keeping with the usual practice of Committees on these sensitive issues. As such, the sectoral reports provided do not contain information that would undermine the UK’s hand in negotiations or material that is commercially or market sensitive. But the House should be in no doubt that this has been a very substantial undertaking. We have been as open as possible, subject to the overwhelming national interest of preserving our negotiating position. We have collated more than 800 pages of analysis for the Committees, less than a month from the motion being passed, and this covers all the 58 sectors. We now consider the motion of 1 November 2017 to have been satisfied.
The Secretary of State says, and the Minister has reported, that he did not get assurances from the Select Committee about how the documents would be used. The Minister therefore had better answer some pretty blunt questions this afternoon. What assurances were sought that were not given? He had better tread carefully, because there will be an audit trail here and if he cannot answer that question, if he did not pursue the assurances, if he did not suggest a course that was rejected, his cover for not disclosing these documents will be blown.
This is not a game. This is the most important set of decisions this country has taken for decades and they need to be subjected to proper scrutiny. In my experience, the biggest mistakes are made when decisions are not tested.
May I remind the Minister and the Secretary of State that, until this House passed the motion on 1 November, Ministers routinely claimed that these analyses were extensive and authoritative? They say that they have now put the documents together. In September, they answered a freedom of information request. The first question was, “Do you hold the material?” to which the answer was, “Yes.” That calls into serious question the explanation now being put before this House.
Finally, I am deeply concerned that the sum total of documents generated by the Government’s work on the impact on the economy of their approach to Brexit can be squeezed into two lever arch files. That is the volume of paperwork I would have expected for a pretty routine Crown court trial in my old world. If that is the case, we should all be worried. Is that the extent of the analysis? Either way, this a very sorry state of affairs.
“accepted all along that the Government should not put into the public domain any information that would undermine our negotiating position”—[Official Report, 1 November 2017; Vol. 630, c. 881.]
He accepted that there is a level of detail, and confidential issues and tactics, that should not be discussed. Those were statements he made in the debate itself.
Let me tell the right hon. and learned Gentleman the logical consequences of that position. He has suggested that mechanisms are available that allow for the sharing of material in advance for Select Committees, and he is of course right—I addressed that in my opening statement. My Secretary of State met the Chair of the Select Committee and discussed these terms. It was very clear that, as the Chair has himself said in Parliament, he wanted to receive all the documents first before he would give any assurances as to the way in which they would be treated. On that basis, we had to be clear that we had to protect commercially sensitive information.
In the absence of any restrictions on what the Select Committee might do with the documentation, the Government had to be mindful of their obligations not to allow sensitive information to be public, but let me be clear again: we have been as open as possible within those obligations. The material we have provided to the Select Committee is very substantial. It is bizarre for the right hon. and learned Gentleman to dismiss it without having yet seen it. When Committee members have had an opportunity to consider it fully and to reflect on it, I think they will reasonably conclude that the Government have fully discharged the terms of the motion.
We have shared more than 800 pages of analysis with the Select Committee. The analysis describes the activity in each sector and the current regulatory regime for the sector. The report set out existing frameworks from across the globe for how trade is facilitated between countries in the sectors, as well as sector views, which cover a range of representative cross-sector views from businesses and organisations throughout the UK. We have taken care to incorporate up-to-date views from stakeholders, such as views on the proposed implementation period.
The right hon. and learned Gentleman asked: does this represent the sum of the Government’s analysis? Of course it does not. The motion referred to sectoral analyses and we have responded to that motion by sharing those sectoral analyses. I note the Select Committee’s statement following its meeting this morning and I welcome the fact that arrangements will be made for Committee members to view documents in confidence. When they do, I think they will find that there is a great deal of useful and valuable information here. I assure the House and the Committee that the Secretary of State will also be accepting their request to discuss the content.
I assure the House that my Department takes its responsibilities to Parliament extremely seriously. We have provided a vast amount of factual information to help the Committees and this House in their scrutiny. I am confident that we have met the requirements of the motion, while respecting our overriding duty to the national interest.
I remind the Minister that the question of what the Government will provide to the Select Committee is not for the Government or, indeed, for the Select Committee to decide. This Parliament has decided, and there is no discussion, debate or negotiation as to the extent to which that decision will be complied with. It must be complied with in full; otherwise, as the letter published recently by the Chair of the Select Committee on Exiting the European Union makes clear, the Select Committee will have to consider whether to table a motion on contempt. How is that going to look to our European partners? What will it do to the credibility of the Government, and particularly of the Brexit team, if they end up being held in contempt by the Parliament to which they claim to be returning sovereignty?
Will the Minister confirm that the resolution of the House was about not what was made public but what was provided to the Select Committee? In those circumstances, does he not accept that what must be made available to the Select Committee is everything—absolutely everything? If the Government are not prepared to comply with that instruction, they should not be in government. Will he tell us categorically whether he accepts that a decision on what to publish, within the bounds of parliamentary privilege, is for the Select Committee alone, and will he confirm that he and his Government are prepared to trust the judgment of that Committee to exercise on behalf of the House responsible judgment about what the public are entitled to know?
Given that it is quite clear that the Select Committee has received edited documents—in other words, they do not contain everything that is in the possession of the Government—may I say to the Minister that that is not in keeping with the motion passed by the House of Commons? I also say to him that I made it very clear to the Secretary of State what procedure the Select Committee would use to consider the reports and, if I may put it like this, I do object to any suggestion that the Select Committee, or I as Chair, cannot be trusted to do our job.
“We’ve got 50, nearly 60 sector analyses already done.”
In September, that was reiterated in response to my freedom of information request. In October, the Secretary of State confirmed that to our Committee and said that the reports were in “excruciating detail” and that the Prime Minister had seen the summaries. In November, we heard that they never existed. On what basis can completed reports be uncompleted, and on what basis is it right that the Government do anything other than give the reports in full to the Select Committee, in line with the resolution of this House?
“once the material has been provided to the committee, I would be very happy to discuss with you any particular concerns you may have about publication of parts of the material so that the committee can take these into account in making its decision on release.”
On 27 November, the Secretary of State wrote:
“we have received no assurances from the committee regarding how any information passed will be used.”
Does the Minister agree that that letter is a blatant misrepresentation of what was agreed and that the Secretary of State should withdraw that remark and apologise for it to my right hon. Friend?
“the impact assessments arising from those analyses”
that should be provided to the Select Committee.
The hon. Member for Feltham and Heston (Seema Malhotra) referred to the evidence provided by the Secretary of State to the Select Committee back in October. I remind myself of his answers to questions 131 and 132 in that session, in which he made it clear that those impact assessments existed “in excruciating detail” and that the Prime Minister had been provided with a summary, which she had read. Will the Minister confirm that what this House now seeks the Government to disclose are the impact assessments?
In response to the right hon. Gentleman’s question about the customs union and the single market, I remind him that he, like I, stood on a manifesto that said that we will respect the referendum result and confirmed that the UK will be leaving the customs union and the single market.
Contains Parliamentary information licensed under the Open Parliament Licence v3.0.