David Davis
MP for Goole and Pocklington · Conservative · United Kingdom
“On a point of order, Madam Deputy Speaker. May I start by congratulating my right hon. Friend the Member for New Forest West (Sir Desmond Swayne) on putting a Bill in front of the House that has support from literally everybody in the Chamber?”
“The Post Office Horizon scandal highlighted the institutional instinct to find a convenient scapegoat. Innocent people paid the price, while the institution sought to protect itself. If the Thirlwall inquiry asks too narrow a set of questions, systemic NHS failures will go unexamined.”
“Last month’s sentencing of Nicola Sturgeon’s husband exposed the real reasons behind the Scottish Government’s persecution of Alex Salmond. From 2010 to 2022, Peter Murrell abused his position to embezzle almost £500,000 from the SNP to buy luxury items. He used SNP money to buy a £33,000 Volkswagen Golf.”
“The consultants also reported that in the two months since the change infants have been sick but recovered as expected.” The report highlighted deficiencies in staffing levels, leadership and communication, but, in the trial, it was not shown to the jury—they knew nothing of it.”
“One of the nurses let go later described it as “the decimation of the Nursing and Midwifery service”, adding that “eight registered nurses...were replaced with nursery nurses...unqualified staff are replacing qualified staff”.”
“There was little space, cots and incubators were stored in corridors, and mothers struggled to find somewhere to breastfeed their babies. Susan Gilby, the hospital’s chief executive between 2018 and 2022, later described the unit as “dark, dingy and cramped”, providing a “less than ideal” environment to work in.”
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“They did not agree to the backstop; they agreed to the joint report that talked about full alignment. [Interruption.] Does the hon. and learned Lady want to listen to the answer? She will remember me standing at the Dispatch Box saying that we interpreted full alignment as outcome alignment and relating directly to the issues in the north-south strands—principally, agriculture, transport, and environment as it applies to the single electricity market. Those are the primary strands, and they are eminently soluble, by arrangements that already exist in Northern Ireland—for example, the carve-out on environmental legislation. It is a very straightforward issue, but it has been blown up into something else by the other side of the negotiations.”
“The logic is actually very simple. Empirical evidence shows that in international trade, companies seek to claim their rebates and do what is necessary to avoid tariffs when a tariff is lower than 3%, not when it is above. What that tells us is that the cost of rules of origin administration is less than 3%. Companies are rational operators. The numbers that the right hon. Lady cited from a supposed Government study were wrong.”
“I beg to move, That this House agrees with Lords amendments 19C to 19E, 19G to 19L and 19P, and proposes Government amendments to Lords amendment 19P.”
“Alternatively, if the Prime Minister announces before 21 January 2019 that no deal can be agreed with the European Union, a statement must be made within 14 days, and a motion must be tabled in both Houses within seven days of that statement. Finally, if no agreement has been reached by the end of 21 January 2019, a statement must be made within five days, and a motion must be tabled in both Houses within five sitting days. That would happen whatever the state of the negotiations at that stage.”
“Our new amendments provide for a statement and a motion, ensuring that there is a guaranteed opportunity for both Houses to express their views on the Government’s proposed next steps. Not only that, but we have expanded the set of circumstances in which that opportunity would arise, to cover the three situations conceived of in the amendment tabled by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) last week. First, if Parliament rejects the deal, a statement must now be made within 21 days and a motion must be tabled in both Houses within seven sitting days of that statement.”
“Our intention is straightforward: to conclude negotiations in October and put before both Houses a deal that is worthy of support. In approaching our discussions on this matter, the Government set out three reasonable tests: that we do not undermine the negotiations, that we do not alter the constitutional role of Parliament in relation to international negotiations, and that we respect the result of the referendum. It is on that basis that we have tabled our amendments. This is a fair and serious proposal that demonstrates the significant flexibility that the Government have already shown in addressing the concerns of the House. Our original amendment provided that, if Parliament rejected the final deal, the Government must make a statement setting out their next steps in relation to negotiations within 28 days of that rejection.”
“I believe they are greater than any steps taken for any international negotiations ever in the history of this country. Furthermore, contrary to what was said in the other place on Monday, the Bill gives Parliament significantly more rights than we see on the EU side. The European Parliament simply has to consent to the withdrawal agreement—a yes or no vote—and the EU member states will simply have a vote in the Council on the withdrawal agreement. We have considerably more powers than them, too. I turn now to the detail of the amendment at hand. We start with a simple purpose: how do we guarantee Parliament’s role in scrutinising the Government in the unlikely event that the preferred scenario does not come to pass?”
“If this is supported by Parliament, as I hope and expect it will be, the Government will introduce the withdrawal agreement and implementation Bill, which Parliament will have time to debate, vote on and amend if they so wish. Finally, as with any international treaty, the withdrawal agreement will be subject to the approval and ratification procedures under the Constitutional Reform and Governance Act 2010. And this is all before we even consider the other pieces of legislation we have passed and will pass as part of this process. Anyone who questions the democratic credentials of this Government or this process should consider the steps we have taken to get to this stage and those which we have already laid out in front of us.”
“This was followed by a general election where both major parties, attracting over 80% of the vote, stood on manifestos that committed to respecting the result of the referendum: 27.5 million votes for parties that said they would respect the referendum—no ifs, no buts. We are now in the process of passing this essential Bill to get our statute book ready for the day we leave. It will ensure that we respect the referendum result but exit the European Union in as smooth and orderly a manner as possible. We have already set out in law that this process will be followed by a motion to approve the final deal we agree with the EU in negotiations.”
“Before we turn to the detail, let us take a step back for a moment and consider the long democratic process we have been on to get here. It began with the EU Referendum Act 2015, passed by a majority of 263 in this House, at which point the Government were clear they would respect the outcome of the referendum. This was followed by the referendum itself, which saw a turnout of over 33 million people and 17.4 million people vote in favour of leaving the EU. We then had the European Union (Notification of Withdrawal) Act 2017, which empowered the Government to trigger article 50. Despite the attempts of some in the other place to impugn the validity of this notification, the Act passed through both Houses, with a majority of 372 in this place on Third Reading.”
“I will turn in a moment to the issue at the forefront of many hon. Members’ minds—Parliament’s role at the conclusion of the negotiations with the European Union—but first I want to set out the other issues before the House for approval today. These are all issues where the Lords agreed with the Government on Monday: enhanced protection for certain areas of EU law, family reunification for refugee children and extending sifting arrangements for statutory instruments to the Lords. The Government set out common-sense approaches to those three issues in the Lords, who backed the Government, and the issues now return to this House for final approval. The fourth issue is, as I have said, Parliament’s role at the conclusion of our negotiations with the EU.”
“Questions have focused, understandably, on whether that means that they would not be amendable. Members will, of course, be aware that it is not within the competence of Governments to judge whether amendments can be tabled to motions, but for the sake of clarity, let me quote from Standing Order No. 24B: “Where, in the opinion of the Speaker or the Chair, a motion, That this House… has considered the matter, is expressed in neutral terms, no amendments to it may be tabled.” I have written to the Chairman of the Procedure Committee setting out how the Government understand that this process will operate in practice and have laid a copy of that letter in the Libraries of both Houses.”
“The right hon. Gentleman has prefaced perfectly the rest of my speech, because that is precisely what I shall spend the next 10 minutes explaining to him. I think that the additional provisions speak for themselves. Our proposed amendment creates a formal structure, set out in law, for Parliament to express its views in all the various scenarios that might come to pass in our exit from the European Union, but it also passes the three tests that were set out by me and by the Prime Minister. I am glad to see that the amendment sent back to us by the other place accepts the vast majority of these provisions. The core of the disagreement now focuses on the exact nature of the motion offered to the House if any of the unfortunate circumstances that I have previously mentioned come to pass. Our amendment offers those motions in neutral terms.”
“The hon. Lady can be sure that we will not be gambling with the status of the border. I shall come back to the issue of no deal in a moment, because it is central to much of the issue of the amendability of motions.”
“There are plenty of voices on the European side of the negotiations who seek to punish us and do us harm—who wish to present us with an unambiguously bad deal. Some would do so to dissuade others from following us, and others would do so with the intention of reversing the referendum, and making us lose our nerve and rejoin the European Union. If it undermines the UK’s ability to walk away, the amendment makes that outcome more likely. That is the paradox. Trying to head off no deal—and this, too, is important to the hon. Lady—is actually making no deal more likely, and that is what we are trying to avoid.”
“The provisions of the motion will come about if the House rejects the circumstances of a deal, but the amendments apply principally to the issue of no deal, which is really rather different. Let me also make it clear to the hon. Member for North Down (Lady Hermon) that I have never argued in favour of no deal. I do not favour no deal, and I will do what I can to avoid no deal. It is not an outcome that we are seeking, and, as things stand, I am confident that we will achieve a deal that Parliament can support. However, you cannot enter a negotiation without the right to walk away; if you do, it rapidly ceases to be a negotiation. The Lords amendment undermines the strength of the United Kingdom in negotiations.”
“The amendment sent to us by the other place does not offer those motions in neutral terms. It is therefore possible—indeed, I would predict, likely—that wide-ranging amendments will be tabled which would seek to instruct the Government how to proceed in relation to our European Union withdrawal. This may seem to be a minor point of procedure, but it is integral to the nature of the motions, and to whether they pass the three tests that I set out last week. The debates and amendments of the last week have revolved around what would happen in the event of no deal. Let me explain to the right hon. Member for Leeds Central (Hilary Benn) the distinction between the amendments and the motion that we promised the House—indeed, I think that I first promised it to him as long ago as the article 50 debate.”
“I am afraid that I do not agree with my right hon. and learned Friend, as he will be unsurprised to hear. I will not try to follow him down the path of what might happen and in what circumstances. I shall explain in a moment the reasoning behind the restriction of amendment, which is precisely accurate in this area. Let me say this to my right hon. and learned Friend. He has been in the House even longer than I have, and he knows full well that very often, when matters are particularly important, the procedural mechanism of a motion does not actually determine its power or its effect. That goes all the way back to the Norway debate, which arose from an Adjournment motion tabled by the Chief Whip of the day, and which changed the course of the war. So I do not take my right hon. and learned Friend’s point at all.”
“I take my hon. Friend’s point, but, at the Dispatch Box and elsewhere, I have always insisted that people vote with their consciences, and their consciences should encompass how they represent the wishes of their constituents. If the European Union expects Parliament to direct the Government to reconsider its policies, to extend article 50 or even to revoke it, it will have an incentive to delay and give us the worst possible deal just to try to bring about such an outcome.”
“In a moment. Our amendment on the other hand is consistent with the notion that it is right for Parliament to express its view but not to instruct the Government on how to conduct themselves in an international negotiation.”
“As I have said, it passes the three tests set out by myself and the Prime Minister. I give way to my hon. Friend the Member for Shipley (Philip Davies).”
“That has shifted the Government’s approach to a position where our Parliament will rightly and unquestionably have its say and express its view. For in this, the greatest democracy of all, we debate, we argue, we make our cases with passion, but we do it to a purpose and that is to deliver for our people, not just to please ourselves. They decided that we will leave the European Union and, whatever the EU thinks about that, we will do it, and we will do it in the best way we can. And in that spirit I commend this motion to the House.”
“As I have said throughout, it is for people to go with their consciences on this matter and I do not attack anybody for doing that. May I pick up on the point of order raised with you, Mr Speaker? I would not want the House to think that in any way it had not been told about this. In my earlier speech, I outlined the issue of “Erskine May” on this matter and Standing Order 24B and your rights in this, and made it plain that that is what we are relying upon. So I would not want the House to be misled in any way, or to believe it has been misled. The debates on this issue have been in the finest traditions of this House. Hon. Members have stood on issues of principle and argued their cases with the utmost integrity.”
“We reached agreement on more than three quarters of the legal text of the withdrawal agreement, locking down full chapters on citizens’ rights, the implementation period and the financial settlement. We continue to build on the progress of March, technical talks have continued and we are focusing on negotiating the right future relationship. These conversations are now well under way, with detailed discussions on future economic and future security partnerships. In my latest meeting with Michel Barnier on Monday, we discussed a range of issues, from questions of the Northern Ireland protocol, which has just been discussed in the House, to product standards and market access. It was a productive and positive discussion. We will continue to work hard and at pace, and will set out further details in the Government White Paper in due course.”
“My hon. Friend is exactly right. As we made clear this week on consideration of Lords amendments to the European Union (Withdrawal) Bill, we cannot accept amendments that allow Parliament to instruct the Government on what steps we should take in international negotiation because that undermines one of my three tests, and because such a move would be constitutionally unprecedented. The current constitutional arrangements have served this country well for hundreds of years over thousands of treaties. Those who have argued for something different did not argue for the House of Commons to negotiate directly our accession to the European Union, or the Lisbon, Amsterdam or Maastricht treaties. It is rather odd that they make such an argument now.”
“I would hope that my vigour does not need renewal, but I will take my hon. Friend’s wishes as I am sure he meant them. We had a constructive debate in both Chambers and I am pleased that we are now in the final stages of the Bill. This crucial piece of legislation is designed to deliver continuity of law after exit, and ensures that from day one we have a functioning statute book, which will give certainty to both individuals and business. We will build on the hard work at home and in Brussels, and continue to work towards a withdrawal agreement and future framework in October.”
“Our proposals are designed to deliver the best access to the European market consistent with taking back control of our laws and borders. That is what we will do.”
“Yes. As my hon. and learned Friend the Solicitor General stated in yesterday’s debate on the Lords EEA amendment, continuing to participate in the EEA agreement beyond the implementation period means accepting all four freedoms of the single market, including free movement of people. In the last election, both main parties clearly said that they would not accept that. It is therefore clear that continuing to participate in the EEA agreement beyond the implementation period would not deliver control of our borders or our laws, which the British people voted for. That point was made by a number of Labour MPs in yesterday’s debate—the right hon. Member for Don Valley (Caroline Flint) is not here, and I do not often compliment her, but she made one of the best speeches of the day on exactly that subject.”
“The right hon. Gentleman is uncharacteristically inaccurate. Michel Barnier did not reject our proposal. He said in a tweet after his press conference that he would be discussing it with us, which he did on Monday.”
“Again—the hon. Lady is wrong. The Government have provided 250 hours of debate on this Bill alone, and there are probably a dozen other pieces of primary legislation, including the withdrawal agreement and implementation Bill later this year. There is a huge range of areas in which Parliament has had its say and will have its say. To come to the point about business investment, in the past year high-tech investment alone—the most important for our future in many ways—was three times in the UK that of any European country. Indeed, it was as much as the next three countries put together.”
“Is it not wonderful to have the Labour party, of all people, accusing us on this? I am looking at the hon. Member for Huddersfield (Mr Sheerman)—don’t worry. I read a tweet only this morning in which the Labour Whips Office was celebrating the fact that only 75 Labour Members rebelled against the amendment yesterday.”
“First, might I say that I am touched that the hon. Gentleman is pleasantly surprised that I am still here? I am very pleasantly surprised to see so many of his colleagues with him today. On the important substantive question, the Government came up with a number of proposals during the course of the Bill which sought to arrange the mechanism by which powers are passed from the European Union through to the devolved Administrations. Those proposals were welcomed by the Welsh Administration but not by the Scots one. Nevertheless, we are continuing in our discussions with the Scots Administration to endeavour to come to an agreement, and while we are doing our work on the White Paper, we are also talking to them about the policy elements of that so they can have an input.”
“I made it very clear from the beginning of the negotiation process and the policy creation process that we treat the interests of every nation in the United Kingdom extremely seriously and will defend them to the utmost of our ability. There will be a statement later from the Scottish Secretary on the Sewel convention.”
“Before I turn to my departmental responsibilities, may I say that today is a sombre day, one year on from Grenfell? I am sure that I speak on behalf of the whole House when I say that our thoughts are with those who suffered bereavement and loss a year ago. This has been an important week in our policy area. It was Parliament that gave the people a decision on our membership of the EU, by way of a referendum, and it is Parliament that is carrying out their instruction. The European Union (Withdrawal) Bill returns to the Lords as a much studied, much debated and, I think, much better piece of legislation. It demonstrates the Government and Parliament delivering what the people voted for, and I know that Members in the other place will have taken note of the decisions taken and views expressed in the Commons in the past few days.”
“Leaving the common agricultural policy will deliver significant opportunities for farming, as the consultation to date is already showing. My hon. Friend is right that there has been consultation with the farming sector in England, but the Government are committed to working closely with the devolved Administrations and stakeholders to deliver an approach that works for the whole UK, as I said earlier, and that reflects the needs and circumstances of Scotland, Wales, Northern Ireland and England. That being said, I agree entirely with my hon. Friend: all of us who are involved in these procedures, bar those of the Scottish nationalist party, have learned the lesson that if we actually want to make things happen, we have to turn up and deal with the issues.”
“My responsibilities are with the Government, so of course I am entirely with the Solicitor General—that follows automatically. Let me put in front of the House what I said during that debate, which is that whatever proposal is put back to the Lords, it has to meet three criteria: first, that we do not bring about the overturning of the referendum result; secondly, that we do not undermine the ongoing negotiation with the European Union; and, thirdly, that we do not change the constitutional structure that has served this country well for hundreds of years, under which the Government negotiates and Parliament passes its view at the end of the process.”
“I am afraid that the right hon. and learned Gentleman will have to wait to see the document when it is published. As he says, it will be published later today.”
“Not only would it lead to further division and strife, as my hon. Friend puts it, but it would also create an incentive for the European Union to give us the worst deal possible, and surely that must trump all other points.”
“The hon. Gentleman really must learn to pay attention during these questions. The simple truth is that creating such an incentive for the European Union would actually be the one thing that undermined the negotiations.”
“We take all remarks from business and business leaders very seriously. We have to make an assessment as to what is in the best interests of the whole country. We also have to balance—for example, with respect to customs union—the interests of existing companies and companies that may make the most of opportunities in the rest of the world when we get freedom from the common commercial policy. My direct answer to the end of my hon. Friend’s question is that we will be publishing a White Paper in the near future, and the matter will be addressed in that White Paper.”
“As we said in our proposal to the European Union, the backstop proposal was for the whole of the United Kingdom, and everything else will be for the whole of the United Kingdom, with minor variations that currently exist in Northern Ireland.”
“This House has accepted the premise of the Government’s approach to delivering a functioning statute book—specifically, that we will preserve and incorporate EU law, and then make the appropriate corrections via secondary legislation. Given the scale of the task and the speed necessary, that could never have been done through primary legislation, but at every turn we have sought to ensure proper parliamentary scrutiny. Given that that fundamental premise has been supported, there needs to be sufficient flexibility for Ministers to propose changes that might not be strictly considered necessary, but that everyone here would think appropriate. “Necessary” is not a synonym for sensible, logical or proper; it means something that it is essential to do.”
“We have also removed the international obligations power from the Bill entirely, as it has become clear that there are better and more effective ways to ensure that the Government’s international obligations continue to be met than through the use of that power. That means that the approach before us is substantially different from what we first introduced, while still protecting the core purpose of the Bill. This reflects the fact that the Government have listened to the views of Parliament throughout the Bill’s passage, but we cannot accept Lords amendments 10, 43 and 45, which replace “appropriate” as a reason for using the powers to “necessary”.”
“At the heart of the Bill are the delegated powers that are essential for the United Kingdom’s orderly departure from the European Union. Those powers will ensure that the statute book continues to function as we leave the European Union. As we have consistently said, we do not take the powers lightly, which was why, in addition to the changes approved by this House, we made further amendments in the Lords. When using the principal powers in the Bill, Ministers must now give their good reasons for the changes they are making, exactly as the Lords Constitution Committee recommended. We have introduced further safeguards by preventing the powers in the Bill from being used to establish public authorities.”
“It provides certainty about our exit day, but it also incorporates the terms of article 50. Let us remember that exit day will be determined by international law rather than by this House. We discussed this issue at length when we considered the Bill that became the European Union (Notification of Withdrawal) Act 2017. Their lordships have suggested that this House abandons the conclusions of the lengthy and considered debates that we have already had on this issue by returning the Bill in broadly the same state in which it was first introduced. I accept the helpful scrutiny of the Lords on many aspects of the Bill, but this House has already reached a sensible position, which commanded a significant majority, and we propose to adhere to this House’s original decision on this matter.”
“For our part, the Government are poised to do everything we can to support the speedy work of the sifting committees. On a slightly wider point, I understand that the House of Lords wants to improve the Bill in various ways. Some of its changes can individually seem sensible and proportionate when seen in isolation, but the cumulative effect of those changes could sometimes make it impossible to deliver the smooth and orderly exit we want. I turn now to the question of exit day. After considering the issue at length, this House accepted amendments tabled by my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) that set exit day in the Bill, but allowed that time to be altered in the unlikely event that the exit date under article 50 differed from that written into the Bill. That is a sensible approach.”
“The committee will have to give a reason why it is in disagreement, the Minister will be summoned to explain his or her Department’s position, and it will be flagged up on the Order Paper if a particular SI has not been agreed between the sifting committee and the Government. That will result in a significant political cost”. —[ Official Report , 12 December 2017; Vol. 633, c. 266.] He was right. Secondly, although I understand concern about the pace at which committees will be required to operate, an extra five sitting days, as the Lords propose, would risk taking the process for a negative statutory instrument into what might well be its fifth or sixth calendar week. That would seriously jeopardise our ability to deliver a functioning statute book in time.”
“First, a binding recommendation following the sifting process is not a recommendation at all—it is an instruction to the Government that would mark a significant departure from established procedures for handling secondary legislation. It is equally unacceptable, as the Chair of the Procedure Committee has noted, for the opinion of a Committee of the unelected House to govern procedure in this place. The Commons Procedure Committee’s proposals have teeth. As my hon. Friend the Member for Broxbourne said in December: “The political cost to my Front-Bench colleagues of going against a sifting committee recommendation would be significant.”
“The proposal was that a committee would consider instruments subject to the negative procedure that were brought forward under the main powers in the Bill, and could recommend that they be subject to the affirmative procedure instead. This unanimous recommendation of the cross-party Procedure Committee was clearly born out of careful and detailed consideration by that Committee, and the Government were happy to accept it. My hon. Friend’s amendments were agreed by this House following an extensive debate. What we have back from the other place—Lords amendments 110 and 128—is both an imposition on our procedures by the other place and a threat to the workability of the whole process of correcting the statute book. This is for two important reasons.”
“The House of Commons’ improvements to the Bill span a number of areas, ranging from narrowing the types of deficiencies that can be corrected using the delegated powers in the Bill to bolstering the rights of individuals by extending the ability to bring certain challenges under the general principles to three months after exit day. I will address in turn the main issues covered by this group on which the House of Lords has asked this House to think again but where their lordships’ approach has either undermined the essential purpose of the Bill, or attempted to overrule well-considered amendments from this House. The first such area is the sifting system proposed in this House by my hon. Friend the Member for Broxbourne (Mr Walker), the Chairman of our Procedure Committee.”