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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“I had better deal with this one. Interestingly, if we look at the response around Europe to the Prime Minister’s speech about competence, we see, for example, that the Spanish Secretary of State for Foreign Affairs, whom I saw only a couple of weeks ago, welcomed it widely and said that we had an eminently achievable aim in everybody’s interests.”
“Further to that point of order, Madam Deputy Speaker. Of course, if I am wrong, I apologise. I will send the right hon. Gentleman the quote that I gave from The Scotsman at that time .”
“She has been clear that we want a new, positive and constructive partnership for the UK and the EU—a partnership that will be good for the UK and for the rest of Europe. Today, we are taking the necessary step to respect the Supreme Court’s decision by announcing a Bill. It will be up to this Parliament to respect the decision that it entrusted to the people of the United Kingdom—a decision that the people took on 23 June. I commend this statement to the House.”
“Let me conclude with a word on what today’s judgment means for the UK and the nature of our democracy. I know that this case, on an issue of such importance that arouses strong views on all sides, has not been without controversy, but the Court was asked a question, a proper, thorough and independent process was gone through, and it has given its answer in law. We are a law-abiding nation; indeed, the UK is known the world over for the strength and independence of its judicial system. We will build on this and our many other strengths as we leave the European Union. We will once again be a fully independent, sovereign country, free to make our own decisions. The Prime Minister has already set out a comprehensive plan, including our core negotiating objectives.”
“This House itself backed the timetable by a majority of 373 in December, so we look forward to working closely with colleagues in Parliament to ensure that the legislation on article 50 is passed in good time to allow us to invoke it by the end of March, as planned. The Government’s fifth and final principle for responding to this judgment is to continue to ensure that we deliver an exit that is in the best interests of the whole of the United Kingdom. The Supreme Court has ruled clearly in the Government’s favour on the roles of the devolved legislatures in invoking article 50. But while that provides welcome clarity, it in no way diminishes our commitment to work closely with the people and Administrations of Wales, Scotland and Northern Ireland as we move forward with our withdrawal from the European Union.”
“That is what the British people voted for, and it is what they would expect. Parliament will rightly scrutinise and debate this Bill, but I trust that no one will seek to make it a vehicle for attempts to thwart the will of the people or to frustrate or delay the process of our exit from the European Union. Fourthly, our timetable for invoking article 50 by the end of March still stands. That timetable has given valuable certainty to citizens and businesses in the UK and across Europe. It is understood by our European partners, and provides a framework for planning the negotiation ahead.”
“Secondly, as I have already made clear, the judgment does not change the fact that the UK will be leaving the European Union, and it is our job to deliver on the instruction that the people of the UK have given us. Thirdly, we will within days introduce legislation to give the Government the legal power to trigger article 50 and begin the formal process of withdrawal. It will be separate from the great repeal Bill that will be introduced later this year to repeal the European Communities Act 1972. It will be the most straightforward Bill possible to give effect to the decision of the people and respect the Supreme Court’s judgment. The purpose of the Bill is simply to give the Government the power to invoke article 50 and begin the process of leaving the European Union.”
“On this, the Supreme Court ruled—and I quote from the summary: “Relations with the EU and other foreign affairs matters are reserved to UK Government and parliament, not to the devolved institutions.” The summary goes on to say: “The devolved legislatures do not have a veto on the UK’s decision to withdraw from the EU.” I will come back to our collaboration with the devolved Administrations later in this statement. The Government have been giving careful thought to the steps that we would need to take in the event of the Supreme Court upholding the High Court’s view. First, let me be clear that we believe in and value the independence of our judiciary, the foundation on which the rule of law is built. So, of course, it goes without saying that we will respect the judgment.”
“People want and expect us to get on with implementing the decision that was made. Let me now turn specifically to the process for invoking article 50 and the issues that arise from today’s Supreme Court judgment. The Government’s view, which we argued in both the High Court and subsequently the Supreme Court, was that it was constitutionally proper and lawful for the Government to begin to give effect to the decision of the people by the use of prerogative powers to invoke article 50. Today, the Supreme Court has agreed with the High Court’s judgment that the prerogative power alone is insufficient to give notice under article 50, and that legislation is required to provide the necessary authorisation for this step. In addition, the Supreme Court considered the roles of the devolved legislatures in the process of triggering article 50.”
“We will work with colleagues in both Houses to ensure that this Bill is passed in good time for us to invoke article 50 by the end of March this year, as my right hon. Friend the Prime Minister has set out. That timetable has already been supported by this House. Let me go through the issues step by step. The Government’s priority following the European Union referendum has been to respect the outcome and to ensure it is delivered in the interests of the whole country. This House voted by six to one to put the decision in the hands of voters, and that Bill passed in the other place unopposed. So there can be no going back: the point of no return was passed on 23 June last year. The Government have always been clear that we must leave by following the process set out in article 50 of the treaty on European Union.”
“With permission, Mr Speaker, I will now make a statement on the Government’s response to today’s judgment by the Supreme Court. This Government are determined to deliver on the decision taken by the people of the UK in the referendum granted to them by this House to leave the EU, so we will move swiftly to do just that. I can announce today that we will shortly introduce legislation allowing the Government to move ahead with invoking article 50, which starts the formal process of withdrawing from the EU. We received the lengthy 96-page judgment just a few hours ago, and Government lawyers are assessing it carefully, but this will be a straightforward Bill. It is not about whether or not the UK should leave the EU. That decision has already been made by the people of the UK.”
“I have made this point several times over the past few months: once the process has started, a reason for taking it the full distance is to get the most authoritative and clearest possible guidance on a major part of our constitution. Yet again, the hon. and learned Gentleman has not advanced the knowledge of the House very much, but I look forward to the contributions of other Members.”
“Last week, the Prime Minister gave a 6,500-word, closely argued speech that has been recognised across the country and around Europe as the epitome of clarity with clear objectives, aims and ambitions for this country, so I do not take that point at all. On scrutiny more generally, we have now had, I think, five statements, 10 debates, and some 30 different Select Committee inquiries. I hardly think that all that in six months represents an absence of scrutiny of a central Government policy. The hon. and learned Gentleman does not often surprise me, but for the ex-Director of Public Prosecutions to say that taking a matter to the Supreme Court is a waste of time strikes me as quite extraordinary.”
“Every time I get up, I say that I will give the House as much information as possible subject to not undermining the national interest or our negotiating position. That is what we have done and that is what we will continue to do—not just through this Bill, but through the great repeal Bill, subsequent primary and secondary legislation, and the final vote at the end, which we have promised. The hon. and learned Gentleman mentioned membership of the single market, putting to one side of course that that membership means giving up control of borders, laws and rules, on all of which the Labour party is singularly incapable of even making a decision let alone coming up with a policy. He also talked about a plan.”
“The Prime Minister was aiming to carry out the will of the people—all 17.4 million of them—in the national interest. That was what she was doing. Let me pick up on the point that the hon. and learned Gentleman quite properly raised: the issue of our judges. I think that I mentioned at length three times in my statement that this is a nation of the rule of law, a nation to which the independence of the judiciary is important, and a nation that is watched by other countries as an example for themselves. Of all the people he could criticise, I do not think that I am at the front on this issue. Similarly, on the parliamentary process, there has been an interesting litany through this whole process over the past six or seven months.”
“At the end of the process, we will have the vote that eventually decides whether or not the House supports the policy we propose. Let me make it plain: that policy will be aimed solely at advancing the interest of the United Kingdom—getting the best possible negotiated outcome that we can achieve, having taken on board the informing debate of this House of Commons throughout the entire two years running up to it.”
“My right hon. and learned Friend and I have been skirmishing over this issue for, I think, some 30 years, always with good humour, and I hope to respond to him in the same vein today. He repeated on television earlier today that characterisation of what the Government are proposing, so let us look at it. As I said, we have already had 10 debates and vast numbers of other arguments, but this is what is going to happen: first, we will have a Bill to authorise the triggering of article 50; then we will have a great repeal Bill whereby we go through the entire corpus of European law as it applies to the United Kingdom, which I should think will go on for a considerable amount of time; and then we will have primary legislation on major policy changes and secondary legislation, all put before both Houses. There will not be just one vote.”
“There is a series of matters that are just as important to the ordinary Scot as they are to the ordinary English, Welsh or Northern Irish citizen, and that is what we will protect.”
“We disagreed with some and agreed with some absolutely—for example on the protection of employment law—and some we will debate in the coming weeks and months, most particularly on the point the hon. Gentleman raised: the question of devolution and devolved powers. The hon. Gentleman knows that I am a devolutionist. I can say to him firmly that no powers existing in the devolved Administrations will come back, but there will be powers coming from the European Union and we will have to decide where they most properly land, whether that is Westminster, Holyrood or wherever. The real issue there is the practical interests of all the nations of the United Kingdom—for example, preserving the single market of the United Kingdom and the United Kingdom’s ability to do international deals.”
“Again, I am surprised. I would have thought that, of all people, the Scottish National party attached great importance to the results of elections to the Scottish Parliament, in which last time the Scottish Conservative party came second under the estimable Ruth Davidson. To the main point of the hon. Gentleman’s question, I want to make two responses. First, the process we have gone through with all the devolved Administrations—the joint ministerial process—has been going on for some months now, and at the very last monthly meeting we had a presentation from Mike Russell, the Scottish Government Minister, on the Scottish Government’s proposals.”
“Well, we will certainly keep it straightforward. My right hon. Friend is right: this was—is—a unique circumstance in many ways. It is unique in terms of the importance to the United Kingdom, but also unique in the fact that it is carrying out the will of 17.5 million people who voted directly—something that has never happened before in our history—so it was important to take the matter to the Supreme Court to get the full judgment. I give him this undertaking: I will do everything in my power to make sure that the measure goes through swiftly, and that while it is properly scrutinised, it is a simple and straightforward Bill that delivers the triggering of article 50 by 31 March.”
“and learned Member for Holborn and St Pancras (Keir Starmer), said on Channel 4, “What we want to know is whether the Government will pay for access to the single market and how much they’ll pay.” If anything would undermine the negotiating position, that would. It is precisely that sort of thing that we are going to avoid. We will continue to give information to the House. I gave the Brexit Committee an undertaking that we will give at least as much information as will go to the European Parliament—indeed more, I think. We will continue to keep the House informed throughout the entire process, which is not going to be over in a few weeks—it will last two years—and the House will be as well informed as it has been on any matter of such importance.”
“I do not often disagree with myself, but let me say this to the right hon. Gentleman: the speech given last week by the Prime Minister was the clearest exposition of a negotiating strategy that I have heard in modern times. It laid out clearly what we judge the national interest to be and how we intend to protect it, what we want to do, and what we hope does not happen and how we will avoid that. I do not see that this Government have avoided answering any question, whether from his Committee or from Opposition Front Benchers. The only questions that we have been unable to answer are those that it would be to the disadvantage of the country to answer, because that would undermine our negotiating strategy. Let me give the right hon. Gentleman one example. A couple of weeks ago, my opponent, as it were, the hon.”
“The short answer is yes. My hon. Friend cites paragraph 122 of the decision and the Court’s commentary. The purpose of the Bill is to meet the requirements of the Supreme Court to deliver the instruction from the nation at large and to do so in the national interest. That entails a straightforward, easily comprehensible Bill so that the country at large can see what Parliament is doing and what decision it is visiting on the Government.”
“I would say a couple of things to the right hon. Lady. First, we are asked on the one hand to tell the House what our plan is, and then we are told, “Oh, but we don’t like that, so we want a debate or a White Paper”— [ Interruption. ] No, it is fine; I perfectly understand the argument. The simple truth is that there will be any number of votes—too many to count—in the next two years across a whole range of issues. For example, I can see the sort of issue she is raising coming up in the great repeal Bill, in subsequent primary legislation, and perhaps even in subsequent major secondary legislation as well. I am quite sure there will be a number of votes on that subject in the next two years.”
“The hon. Lady, as ever, goes right to the heart of the matter. The public will not view well attempts to thwart, delay or confuse this process. They will view well attempts to elucidate what is going on, to promote the national interest, to help the negotiating position and so on, and that is entirely what the Government are going to do.”
“I am afraid that it is very difficult to see how we can leave the European Union and still stay inside the single market, with all the commitments that go with that. What we have come up with—I hope to persuade her that this is a very worthwhile aim—is the idea of a comprehensive free trade agreement and a comprehensive customs agreement that will deliver the exact same benefits as we have, but also enable my right hon. Friend the Secretary of State for International Trade to go and form trade deals with the rest of the world, which is the real upside of leaving the European Union.”
“Let me say this to my right hon. Friend, who passionately holds a well-formed view on these matters. First, in terms of bringing people together, a large part of the Prime Minister’s speech was aimed at creating a sense of this country that everybody can get behind, ranging from the protection of employment rights through to our role in the world, all of which is very important. Secondly, the Prime Minister laid out an incredibly clear future and a future approach for us, so I think that she did everything one could ask of a Prime Minister to deliver on our undertakings. My right hon. Friend the Member for Broxtowe (Anna Soubry) talks about things that were not on the ballot paper. What was on the ballot paper was leaving the European Union.”
“The answer to the right hon. Gentleman’s overall question is yes—we are standing by both those votes and we will continue to do so. But I reiterate again that the point is that they will not be the only votes; there will be a large number of other votes in between. Labour Members can ignore it till the cows come home, but the simple truth is that they are going to have many, many, many votes on many different policy areas after extensive debate on primary legislation. So the answer is that Parliament will have a great influence on this process, and it will have the final say. That is democracy in action.”
“That Bill will be in the Queen’s Speech, it will be presented to the House very soon thereafter and I expect it to be debated extensively. I think that it will be the centrepiece and the start of a major debate about the nature of this country and the future, so it is important to get it in front of the House very early.”
“That is of a piece with those arguments that say that we want to have a second referendum so that we can revisit this. What it does is to give a prize to somebody who is trying to put up the worst possible negotiation for us. There are plenty of members of the European Union that want to force us into changing our mind and going back inside, and we do not want to do anything that allows or encourages that to happen. The hon. Lady is not right to say that the vote is meaningless; for a start, the Select Committee and the Opposition both asked for it. In addition, it will be—I repeat this again—the last of many, many, many votes and debates on major legislation.”
“In his younger days, my right hon. Friend was an expert in Soviet propaganda. I am afraid that I view “hard Brexit” and “soft Brexit” as terms of propaganda.”
“I repeat again that the House will have that opportunity over and over and over again, on a whole series of primary legislation and secondary legislation and, finally, with the vote itself. I have not given a great deal of thought to how the timing of that will coincide with the European Parliament, but I will do so and write to the hon. Lady.”
“My right hon. and learned Friend—my old friend—tempts me down a certain route, but I will answer him in these terms. In the case, the argument put by the Government did not depend on the irrevocability or otherwise of the legal issue in front of us; it depended on the fact that we view the irrevocable moment as being 23 June last year, and that it is not in the gift of the Government to change their mind, so we have already passed the point of no return. In terms of information, I have said over and over again that I will provide what information I can, and as much information as I can, without undermining our negotiating position, and I will continue to do so throughout the article 50 process and beyond.”
“There is a whole series of reasons why the end of March is incredibly important. It is not an arbitrary date—it is designed to uphold the strength of the negotiations, so she is right on the nail.”
“The right hon. Lady, as ever, gets to the point of the matter. There are many reasons for triggering by the end of March. There are the rather obvious ones: the public want us to get on with it, and that includes remainers as well as leavers in terms of the original vote. There are practical reasons of business uncertainty: the longer we spin this out, the more difficult it is for businesses and workers in terms of their own futures. She is also right that it fits very neatly, as a sort of sweet spot, into delivering an outcome that is in our interests within the European timetable. The House should understand that there are roughly 15 elections between now and the end of the process, and then there is the European parliamentary election, which, if we get too close to it, could compromise the vote at the end.”
“I thank my right hon. Friend for the tone of his very good question. The issue here is not information. I have said over and over again that I will provide as much information as is consistent with the House’s previous motions on this, while not undermining our negotiating position, and that is what we will do. We will provide as much information as possible, but people should bear in mind that the article 50 Bill is going to be presented quite quickly to the House, so we do not have a great deal of time either.”
“I have been at this Dispatch Box, on statements alone, five times in the past five months, and I am at great risk of boring the House. I will just repeat to the hon. Lady what I have said already: we will deliver the maximum possible information and the maximum possible debate.”
“I hear what my right hon. Friend says. I am becoming very boring in reiterating the same point—that we will provide as much information as we possibly can, subject to not undermining our position.”
“My answer to the hon. Gentleman—another old friend—is, “Of course.” I have spent a very great deal of time speaking directly to the Scottish Government, and the Welsh Government and the Northern Irish Executive too. I consider it incredibly important that in this process we protect the interests of the people he represents—the people of Scotland—in this negotiation.”
“As I said, we will provide as much information as we can. However, this is a question of a negotiation, and we do not know where the end game will be. Even the rather stark example that my hon. Friend cites might have different aspects. He is presumably talking about the trade aspect, but there is also, for example, justice and home affairs. There are so many different things to assess that it would be, frankly, nothing more than an exercise in guesswork at this stage.”
“I will say two things. First, I really recommend that the hon. Lady reads the judgment, rather than trying to interpret it or put her own blush on it: read the detail of it. It is a very good judgment and a very sound judgment, as I said in my opening statement. As for giving continual votes and continuous information, I have been saying that all day today.”
“My hon. Friend is asking me a question that is way above my pay grade, to say the least, and the person whose pay grade it is has left. The point I would make to my hon. Friend is this. I would hope that every Member of this House saw it as their duty to their constituents to deliver the best outcome. That is precisely what the Government’s strategy is—to deliver the best outcome for Britain in this negotiation.”
“Gentleman must take it as read: I view it as near the top of my priorities, if not actually my top priority, to preserve the situation in Northern Ireland, to preserve the border in its current state without hardening it, and to preserve the interests of the Northern Irish people.”
“With respect to the hon. Gentleman’s first point, it is notable that while there was an 8:3 judgment on the rest of the issue, the Court was unanimous on not allowing the Northern Ireland Executive a veto. In terms of maintaining, not so much a relationship but an understanding of the issues that relate to Northern Ireland, last week when we had a Joint Ministerial Committee I wrote to the Northern Ireland Executive to ask them to continue to send Ministers to represent the interests of Northern Ireland. Although the First Minister and Deputy First Minister disappear, as it were, in the interim, Ministers stay in post, just as in any other Administration. Last week, they did turn up, and I will continue to extend an invitation to that end. If that does not work, we will find some other bilateral way to proceed. The hon.”
“On my hon. Friend’s last point, that would certainly be my intention. On the first point, there will be a business statement on Thursday anyway. Bear in mind that we are talking about a 96-page judgment. The point, as I have said before, of going right to the Supreme Court was to ensure that we got an authoritative, detailed final judgment on what we need to do and how we need to do it, and we need to study it carefully. That will take a little bit of time, but not very much, and we will come back to the House as soon as possible thereafter. It is entirely possible that Thursday’s business statement may cover that.”
“The hon. Lady talks about certainty. A two-year negotiation is going to take place, and there is nothing we can or should do to collapse that. That means that there is a limit to the extent to which we can introduce certainty. By the way, I had not mentioned it until then in this discussion. There will be debate after debate. On article 50, there will be debate on the policy. On the great repeal Bill, there will be debate on the policy. In several subsequent pieces of primary legislation, there will be debate on the policy. There will be no shortage of debate or votes.”
“I will say two things. First, was it not the Lisbon treaty on which Labour promised a referendum, which we never got? Selling a false bill of goods is not a very good example to Parliaments around the world. This is article 50. This is the triggering process only —nothing more than the triggering process. There will be vast quantities of legislation—much more than on the Lisbon treaty—between now and the conclusion.”
“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.”
“We will do so under the full scrutiny of Parliament and under the authorisation of Parliament, and we will give time for that; but do not conflate that with the whole process of the negotiation. It will take much, much more time than was given to Lisbon, because that number of pieces of primary legislation will take more time.”