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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“However, when amendments seek to—or inadvertently—undermine the essential purpose of the Bill, which is to provide for a smooth and orderly exit, or the referendum result, we must reject them. For example, on the interpretation of Court of Justice of the European Union case law, we have worked closely with former Law Lords such as Lord Hope, Lord Judge, Lord Browne, Lord Neuberger and Lord Thomas to develop a solution that has genuinely improved the Bill. Our other Lords amendments represent the outcome of similarly productive discussions. The role of the House of Lords is clear: to scrutinise legislation that comes from this House, not to recast it or repurpose it. Of course, it should not undermine decisions that were put before the British people in manifestos or in referendums.”
“Friend the Member for Aylesbury (Mr Lidington); and, in the other place, Baroness Evans, the Leader of the House of Lords, and her team—Lord Callanan, Lord Keen, Baroness Goldie, Lord Duncan and Lord Bourne. I extend the same thanks to Opposition Front Benchers. It is worth at this early point remembering that the Bill has a simple, clear purpose: to ensure that the whole United Kingdom has a functioning statute book on the day we leave the European Union. That involves the considerable task of converting 40 years of EU law into United Kingdom law. This is an unprecedented task, carried out under a strict timetable. The Government respect the constitutional role that the House of Lords has played in scrutinising the Bill and, whenever possible, we have listened to sensible suggestions to improve it.”
“Let me start with the obiter dictum that there is a difference between eating into time and exhausting patience. Over nine months, across both Houses, we have debated more than 1,000 non-Government amendments and hundreds of Government amendments to the Bill. Before us today are 196 Lords amendments—the outcome of hundreds of hours of debate in the other place. I beg your indulgence, Mr Speaker, in paying tribute to my ministerial team who have brought the Bill this far: my hon. Friends the Members for Wycombe (Mr Baker) and for Worcester (Mr Walker), my hon. and learned Friend the Member for South Swindon (Robert Buckland), my hon. Friend the Member for Esher and Walton (Dominic Raab) and my right hon.”
“Nor do I think that they intended to require us to use cumbersome terms such as “national regulatory authorities of member states”, and then to have to designate our national regulators underneath that. That would be an inefficient way of making Ofcom the regulator for our open-access internet legislation, for example. This will be UK law, applied only in the UK. It would be confusing to businesses and individuals to keep laws that suggest otherwise, but such changes, while appropriate, might fail the “necessary” test.”
“With great respect, the hon. and learned Lady is a lawyer, and she knows that the words in an Act of Parliament matter, and matter very precisely, rather more than an individual word— [ Interruption. ] They matter very precisely. Let me explain why. As I said, “necessary” is not a synonym for sensible, logical or proper. In many cases, changes such as correcting inconsistencies, changing terminology, removing redundant provisions, or improving clarity and accessibility could be left unmade, even if the consequences were perverse. That is not the best outcome for businesses or individuals across the United Kingdom. I do not believe that their lordships intended to constrain our ability to change the names of documents such as European aviation documentation.”
“My right hon. and learned Friend, as I have known for a long time, is a very good lawyer, but I am afraid that other lawyers disagree quite seriously. The Lords amendments effectively increase the risk of judicial review. What that does— [ Interruption ] . This is an incredibly serious point, because that process asks judges to make a policy decision that this House should be making by saying yes or no to a statutory instrument. It really is as simple as that.”
“I hear my right hon. and learned Friend—and old friend, because we are still capable of having a dinner for two hours and not talking about Europe throughout it; in fact he paid, and it was lunch. The simple fact is that we are not just leaving this to a single word. As I said earlier, the House of Lords Constitution Committee looked at the matter, in the context of this Bill and the sanctions Bill, and said that we should require the Minister to give “good reasons”—that was the test—which is what we have proposed in our amendment.”
“He described this at the weekend as “a constitutional absurdity” that “would weaken the position of Britain’s negotiators.” I agree with him that this is not practical, not desirable and not appropriate.”
“If the hon. Lady will forgive me, I will make a little progress, because I am quite sure that my next section will provoke quite a lot more interventions than the last one. Let me turn to Lords amendment 19 and parliamentary approval of the outcome of the negotiations. This is the Hailsham amendment, which Lord Bilimoria described in the other House as the “no Brexit” amendment. What it amounts to is an unconstitutional shift that risks undermining our negotiations with the European Union. It enables Parliament to dictate to the Government their course of action in international negotiations. [Interruption.] Labour Members ask what is wrong with that. Well, I will read them a quote from Professor Vernon Bogdanor, who is not exactly a well-known leaver, but he is a constitutional expert.”
“I start by saying to the hon. Gentleman that I respect his point of view. He has the honesty to say that he would like us to stay in the European Union irrespective of the referendum result. Although I disagree with it, it is honest position to take. But what he describes as giving the Government the right to take us out of the European Union under, frankly, any circumstances was article 50, which was passed by this House and the other House by a very large majority, so I am afraid that he is not right in that respect.”
“I will give way in a moment. It is accepted practice that Governments negotiate treaties, and this was the case for the European Communities Act 1972, the Lisbon treaty, the Nice treaty, the Amsterdam treaty and the Maastricht treaty. I do not remember any argument over Parliament undertaking those treaties from people who today argue that this amendment is appropriate.”
“The right hon. Gentleman makes a very good point. It is certainly the case that the European Commission reads every newspaper in Britain, particularly the Financial Times and The Times. It reads them all, but, more surprisingly, it believes them. The simple truth is that it looks at any option that it thinks the British political system will throw up, which will allow it to get a negotiating advantage. Let us remember, too, that most, if not all, of the 27 would much rather that we did not leave—full stop. If it sees an opportunity to create that outcome, that is what it will do.”
“Therefore, this is in addition to the Government’s commitment to introduce the withdrawal agreement and implementation Bill if Parliament votes in favour of a final deal.”
“I want to make a little progress, and then I will give way again. Furthermore, the Lords amendment sets deadlines that would simply allow the other side to use time against us, as it has already tried to do. What we have proposed in lieu is an amendment that builds on commitments that I first set out to the House in a statement on 13 December last year. The amendment provides that the withdrawal agreement cannot be ratified unless both the agreement and the future framework have been approved by a motion of this House. It also prevents the agreement from being ratified unless an Act of Parliament has been passed to implement it. This is all before the Constitutional Reform and Governance Act 2010 as well.”
“People keep using the phrase “meaningful vote”. What it conceals in some cases, and I suspect that that is the case for the hon. Gentleman, is that they want to reverse the result of the referendum, and nothing we do will be organised to allow reversal of the result of the referendum.”
“I will give way in a moment. The Government have also made provisions to allow the vote to happen in this House before the European Parliament votes on the deal, as long as it is practical. This follows the spirit of the Lords amendment, but our proposal has some significant differences. First, we have attached a deadline to the Lords’ consideration of a motion on the final deal. It is not right that the Lords could have a veto on the deal simply by filibustering or refusing to consider the motion. Anyone who suggests that this is unlikely should consider that it was a concern raised by their lordships’ themselves in debate.”
“Not for the moment, no. Secondly, we have removed Parliament’s power to give binding negotiating directions to the Government. As I have said, this would represent a profound constitutional shift in terms of which branch of the state holds the right to act in the international sphere. I turn again to Vernon Bogdanor, who said: “Parliament’s role is to scrutinise legislation and policy; 650 MPs, still less 800 peers, cannot themselves negotiate.””
“I will give way in a moment. Instead, we have provided that, in the event that Parliament rejects the deal put to it, the Government will be legally obliged to make a statement on their proposed next steps in relation to article 50 negotiations within 28 days of that rejection. This House would of course then have plenty of tools at its disposal to respond, but I am as confident as ever that we will secure an agreement that this House will want to support.”
“If there were no deal for some reason other than the House rejecting it—it is incredibly, almost implausibly, unlikely, but let us imagine that the Government decided that they would not have a deal at all—we would of course do the same thing and come back and make a statement to the House, and the House would then have the right to respond.”
“Secondly, we cannot change the fundamental constitutional structure, which makes the Government responsible for international relations and international treaties.”
“I thank my right hon. and learned Friend for his view on this. He sort of expressed it in an amendment that he tabled late last night, so I only saw it this morning. I have not really had a lot of time— [Interruption.] Well, this is an interesting demonstration of the Labour party’s perception of how easy it is to make constitutional law on the fly. Its own voters will come to a view on that. Let me say this with respect to my right hon. and learned Friend’s proposed amendment—as he knows, I am always open to have a conversation with him on this although he seems to have fallen foul of my telephone security system—I always want to keep three principles in mind. First, we must never do anything that undermines the Government’s negotiating position, or encourages delays in the negotiations. That is very, very important.”
“In a moment. We cannot do that. This constitutional structure has stood for hundreds of years and many thousands of treaties. As I said earlier, nobody suggested for a moment that the House of Commons should negotiate the Maastricht treaty, the Lisbon treaty, or one or two other controversial treaties that came before the House. We cannot change that structure now, on this basis.”
“Not for the moment. Thirdly, we must—under all circumstances—respect the result of the referendum. That is what this House voted for when it voted on article 50. I am very happy to talk to my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) again in the next day or two, and we can discuss how we can meet his concerns in that time, within those principles.”
“It is for the Government to set the direction during the negotiation. That is the key point. I do not need to remind the House about the importance of this legislation. The purpose of this Bill is to maintain a functioning and effective statute book when leaving the European Union—a statute book that people and business can rely on. That is what our approach will deliver.”
“My hon. Friend goes to the heart of the problem, which is that we have to consider that anything passed in this House and the other House will have a very serious effect on the negotiating strategy of the other side. I hope that this House will recognise that the Government have taken a fair and positive approach to the new clause, retaining those elements that are sensible and viable, while removing those elements that are practically and constitutionally untenable. These constitutional and practical concerns also apply to Lords amendment 20, on a mandate for negotiations on the future relationship. The Government cannot demonstrate the flexibility necessary for a successful negotiation if their hands are tied mid-way through that process. That will do nothing but guarantee a bad deal for Britain.”
“Clearly, great minds think alike today, Mr Speaker. We have made significant progress in negotiating our exit by agreeing on the terms of a time-limited implementation period and locking down entire chapters on the financial settlement and citizens’ rights. Negotiations are ongoing. My officials are in Brussels this week, discussing a number of issues, including issues in the agreement such as Euratom, data and intellectual property rights and the future partnership. They are discussing how we should progress the future economic partnership and how we can progress the negotiations swiftly and in parallel. Northern Ireland—particularly human rights, state aid and, to some extent, agriculture—is also being discussed. Today, in Brussels my officials are discussing the future of the security partnership.”
“I am not sure whether it is constitutional to discuss my resignation, but I will say that I do not take it to be imminent. The simple truth is that this is a complex and important issue, which will affect our country for generations. It has a direct effect on the sensitive issue of Northern Ireland and the peace process there, which we are committed to protecting at all costs. It is therefore no surprise that it will take some time to nail down the policy.”
“I have some much more pertinent things than that to frame, Mr Speaker. My right hon. Friend is absolutely right. The European Union (Withdrawal) Bill is essential and is in the national interest. Some of the amendments passed in the upper House—and the upper House does a very important job, as a reviewing House, in improving the quality of legislation—could have the effect of undermining the negotiation. That is a matter of critical national interest, and we will have to deal with it accordingly.”
“We have said categorically that there will be no physical infrastructure or related checks and controls at the border between Northern Ireland and the Republic. We have set out clear commitments in relation to the border and have put forward two potential customs models, to which the hon. Member for Paisley and Renfrewshire North (Gavin Newlands) alluded. I have always said that the best solution to the Northern Ireland border issue will be reached through the deep and special partnership between the United Kingdom and the European Union, recognising the unique circumstances of Northern Ireland. As the European Commission has itself acknowledged, solutions to the border issue cannot be based on precedent.”
“The hon. Lady clearly memorised her question before she heard my answer. A huge amount of incredibly important work is under way, most notably on Northern Ireland. I would not reduce that to a parody.”
“The Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Worcester (Mr Walker), has visited Dundee and is very much across that issue. We have given undertakings in relation to guaranteeing the funding of the universities, but if the hon. Gentleman is interested, he can certainly discuss this with me explicitly, so that we can deal directly with the issue of the universities in his constituency.”
“Let me make a serious point here. The issue of leaving the customs union plays directly to the issue of how we manage our future export and trade arrangements. Almost 60% of our exports are now going to the rest of the world. That is not surprising because both the International Monetary Fund and the European Commission itself have said that the vast majority of growth in world trade will come from outside the European Union. It is our explicit aim to make the most of that, and that means we have to leave the customs union.”
“There are two models. The streamline model essentially uses conventional techniques used around the rest of the world, including electronic pre-notification, the use of authorised economic operators and a whole series of other technical mechanisms. The alternative proposal—the new customs partnership—is a brand-new idea; it has never been tested anywhere in the world and involves, essentially, charging the common external tariff when goods enter the country and then rebating that. Both approaches have merits and virtues, and both have some drawbacks, and that is why we are taking our time over this discussion.”
“My right hon. Friend is correct: what we are doing, after all, is carrying out the judgment of the referendum, which was to take back control of borders, laws and money. During the referendum, both sides made it very plain that real removal from the EU means real removal from the customs union and the single market.”
“I wish the hon. Gentleman a happy May Day this week, but he is basically putting—how can I express this in parliamentary language?—a non-fact in front of the House. The case is very simple: the Government are deciding on the future customs arrangements on the basis of the best interests of the United Kingdom.”
“I am not going to take lectures from a party that has had 11 different positions on this so far and whose own— [Interruption.] I am speaking through the Speaker, thank you very much. And a party whose own policy has been roundly criticised in singularly unparliamentary language by its own shadow Secretary of State for International Trade, the hon. Member for Brent North (Barry Gardiner).”
“Since the last departmental questions, the Government have been making progress towards our aim of securing a deep and special partnership with the European Union. Our aims and objectives for this agreement our clear: respecting the referendum and the need to keep control of our borders, money and laws; ensuring that our relationship endures and does not need to be constantly revisited; protecting jobs and security; demonstrating our values and the kind of country that we want to be; and strengthening the union of nations and the people who make up the United Kingdom.”
“The hon. Lady should have kept up with some of the events that have been happening over the past week or two. The Chairman of the Brexit Committee wrote to me and asked—and indeed asked me again when I appeared in front of the Committee—whether the Committee could have that list and the support for it. We have said, yes, as soon as it is complete, as soon as we have cleared the release of it with the European Union—which has, by the way, turned down freedom of information requests on the subject. That list will be available as soon as it is complete.”
“My first advice to the right hon. and learned Gentleman is not to believe everything he reads in the papers—even about himself, let alone about me. Secondly, I made it clear earlier that the Government are spending some time, rightly, on ensuring that we get absolutely the best outcome that will preserve the United Kingdom without creating internal borders, and that will deliver the best outcome in retaining the trade that we have with the European Union and opening up opportunities with the rest of the world. That is why we are taking time to get this right.”
“The Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Worcester (Mr Walker), gave Labour Members some guidance on that earlier when he cited their former leader, who has taken a lot of interest in this issue, bearing in mind that he oversaw the last part of the peace process and takes it very seriously. In March this year, he said of the customs union: “the truth is that doesn’t really resolve your problems. By the way, it doesn’t really resolve your problems in Northern Ireland, either.” David Trimble, who was made Nobel laureate for his part in the peace process, also said that in pretty stark terms.”
“Of course, what will be binding in international law is what is written into the withdrawal agreement, and I would therefore expect Parliament to have views on what conditions should be in it.”
“I have been asked today to give careers advice to myself and now to past Prime Ministers, from which I will demur. Had we triggered article 50 immediately after the referendum, we would have had to absorb 40 years of European Union law into British law almost in a geological nanosecond—a very, very short time. It would not have been easy to do. Although my hon. Friend is right about the departure date, it might have been a lot more uncomfortable than it is going to be.”
“No; the House of Lords is a revising Chamber and it does a very important job that I have, in my past, depended on from time to time. I agree, however, that some of the proposals—for example, to put timetables into the negotiating arrangements, at which point control is taken away from the Government—would be a gift to the negotiators on the other side.”
“I have two points in response to that. First, the hon. Lady is presuming what my arguments were yesterday at the Cabinet Committee. As far as I am aware, the minutes are not published. Secondly, what she refers to is not Government policy or indeed Government estimates.”
“What my hon. Friend has described is the exact purpose of the negotiations. We are seeking to retain as much as possible of the existing European market, and at the same time open up all the rest of the world. If I may, I will refer back to the question asked earlier about Ford. One of the companies that we visited in North America, on the Canadian border, was Ford, because it is state of the art in dealing with cross-border component traffic to support car manufacturing. It is very good at that, and it will be in Europe too.”
“All of the implementation period issues are currently under discussion. I am not sure, frankly, that we will put the hon. Lady’s proposal at the top of the priority list, but we certainly aim to cover issues such as audit in the joint committee.”
“No, it is the other way around: a number of countries have made it very plain that if we are still in the customs union, they will not do a trade deal with us.”
“The clarity of the position of not being a member of the customs union is absolute, and has been since the beginning, unlike the right hon. Gentleman’s party, which has had a number of different positions on this matter. Frankly, it is incredibly important that we get this right—not just for trade, which is massively important, but for the extremely sensitive issue of maintaining the peace process in Northern Ireland—and I do not undertake to put an artificial deadline on something so important.”
“We are seeking to ensure that those guidelines are as broad and open as possible to allow the most constructive negotiation to deliver the close relationship we are aiming for.”
“Before I answer, may I take this opportunity to express my condolences to the family of Warren Hawksley, an erstwhile colleague of ours? He was a Maastricht rebel and a great friend of mine; he was very highly principled and very energetic—sometimes too energetic—in pursuit of his views, but, as I say, I express my condolences to his family. Our immediate goal is to agree a strictly time-limited implementation period by the March European Council next week. This is crucial to helping us build a bridge from where we are to where we want to be on our exit. We have also been working hard to codify the joint report into legal text. We are confident that both of these aims are within reach. Finally, the March European Council is expected to issue the negotiating guidelines to the Commission to negotiate the future partnership.”