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 thank the hon. and learned Gentleman for that acknowledgment, but let me pick up on the issues that he has raised. There may be circumstances in which the criteria and aims are clear, but the individual policy is not. There may be several options and it might be in our negotiating interests to keep more than one of them open. Surely that does not necessarily require that we specify in detail any individual line of pursuit.”
“I apologise for intervening again, but we have said that procedures under the Constitutional Reform Act 2005 will apply. That is straightforward. I have said that at least three times to the House. The hon. and learned Gentleman has asserted that there is no vote between whatever happens as a result of the court case and the ratification process. The great repeal Bill will be presented to the House during that two-year period, and after that there will be a series of consequential legislative measures, some primary, some secondary, and on every measure the House will have a vote and say.”
“The condition that applies to any information that we put in the public domain—that it will not bias or undermine the negotiation—applies equally here; if we were to give information to the OBR, there would be the same telegraphing of what we are doing. It would be very inappropriate for another reason as well. This is a negotiation, not a policy statement, so where we are aiming for—I think we may be on the same page on this—may not be the exact place we end up, and I think he would understand that.”
“It is simply because I am standing at the Dispatch Box today that I am not chairing a joint ministerial committee of the devolved Administrations on exactly these issues. There has been considerable progress on that; I can brief him on that, if he does not know about it. Some of it, almost by definition, is confidential. He should take it as read that the process has been going on for some time and is quite well advanced. The hon. and learned Gentleman raised the issue of the Budget Responsibility and National Audit Act 2011. He may remember that I was a Chairman of the Public Accounts Committee, and I am reasonably familiar with National Audit Office and OBR operations.”
“I beg to move an amendment, at end add: “, consistently with the principles agreed without division by this House on 12 October; recognises that this House should respect the wishes of the United Kingdom as expressed in the referendum on 23 June; and further calls on the Government to invoke Article 50 by 31 March 2017.” Before I speak to the amendment, let me make a few factual remarks to the Labour spokesman, the hon. and learned Member for Holborn and St Pancras (Keir Starmer). He ended by saying that there is no mandate for hard Brexit. To be honest, I do not know what hard Brexit means. The mandate was to leave the European Union. We should keep that in mind. He quite properly raised the issue of Northern Ireland.”
“I take that point. As I make progress through what I have to say, I will explain why, in some respects, that is not practical. This debate is very similar to the last Opposition day debate Labour chose to have on Brexit, and it really is the last clause of the motion that extends beyond that. The Government and I certainly can accept the motion with the amendment that whatever plan we set out is consistent “with the principles agreed without division by this House on 12 October”, and that the House “recognises that this House should respect the wishes of the United Kingdom as expressed in the referendum on 23 June; and further calls on the Government to invoke Article 50 by 31 March 2017.””
“No, I am going to make a bit of progress. I will give way later. I normally like the badinage with the Opposition, but I have to make some progress on quite an important argument. Dance on a pin as the shadow spokesman may, that is what the Opposition are signing up to: the Government invoking article 50 by 31 March 2017. Let us be clear about that. It has always been our intention, as I said in my intervention on him, to lay out the strategy in more detail when possible, provided it does not undermine the UK’s negotiating position.”
“If my right hon. and learned Friend will wait a little while, I will, of course, give way to him. In fact, I have said that categorically in front of this House and the other House on a number of occasions, including just last week, and I am happy to confirm it again today. Our amendment also lays out an important challenge to those on the Benches opposite who say that they respect the result of the referendum, but whose actions suggest that they are looking for every opportunity to thwart and delay this. We will see today if they are willing to back the Government in getting on with implementing the decision made by the people of the United Kingdom. However, before I address the motion in terms, I will give way to my right hon. and learned Friend.”
“My right hon. and learned Friend, the ex-Attorney General, should know better than to tempt me to comment on a court case that is taking place as we stand here, so I will not do that, but as he well knows, we will obey the rule of law; we will obey what the Court finds. We will ensure that we do the right thing. As the spokesman for the Opposition said, one of the reasons we are waiting on the outcome is to get precisely right what it is this House has to do.”
“No, I do not accept that. Between now and the possible end of the negotiating process, if it goes the full distance, there are 15 elections, and of course we have already had two events this weekend: a referendum and another election. There is no point in the period when there is no election under way, so it is simply not possible to meet the hon. Gentleman’s requirement.”
“My right hon. and learned Friend is at least straightforward in what he says; he does not really agree with the outcome of the referendum. My view on this—I agree with him to some extent—is very clear. He has said that the word “plan” is vague; I think that what I have said already to this House, in terms of giving all possible information, subject to it not undermining negotiations, is actually more comprehensive. But it is not that we are not going to allow the House votes. First, we cannot do that as a Government, even if we wanted to. Secondly, as I have said, there will be a considerable amount of legislation during the negotiation, which will, in some respects, confine us.”
“I will make some more progress, if I may. [ Interruption. ] I will not give in to my normal temptations today. [Hon. Members: “Go on!”] No, no.”
“The combination of these factors and their interplay will mean a changing climate for what are already complicated talks.”
“While that is an incredibly important part of it, our new relationship with the EU will also encompass our continued co-operation in areas such as security, justice and home affairs. Secondly, it is not merely a bilateral negotiation, but one involving about 30 different parties with a number of different interests. Thirdly, while considering our exit, Europe must also consider its own future. We have been clear that we want a stable and secure European Union—a vital partner for the UK at a time of very serious global challenges. Finally, the political scene in Europe is not set, but is changing—the point I was making. During the period of our negotiations, there are at least 15 elections and other political events that could change the backdrop to our exit process.”
“When entering into a game, no-one starts by revealing his entire strategy to his counterpart from the outset: this is also the case for the EU.” The reason for this is to retain room for manoeuvre, including the ability to give and take, to trade off different interests, to maximise the value of concessions, and to do so without always giving the other side advance notice. We must retain the ability to negotiate with a high degree of agility and speed; the more complex the negotiation, the more parties to it, and the more time-pressured it is, the more important that is. Any trade negotiation—and this is more than a trade negotiation—is difficult and complex. This negotiation will be another step up beyond that, for a number of reasons. First, it is about more than just trade.”
“You make my point, Mr Speaker. It is widely accepted that the negotiation of our departure from the European Union is the most important and most complex negotiation in modern times, and it is overwhelmingly important that we get it right; I think that is common ground. It is normal even for basic trade negotiations to be carried out with a degree of secrecy. Indeed, the European Commission recognises this in its own approach to transparency in such negotiations, in which it says: “A certain level of confidentiality is necessary to protect EU interests and to keep chances for a satisfactory outcome high.”
“In a moment. We will need to find a way through a vast number of competing interests to manage our exit from the Union, so that our people benefit from it—that is the aim of this exercise: for our people to benefit from it. To do that, the Government must have the flexibility to adjust during negotiations. It is like threading the eye of a needle: if you have a good eye and a steady hand, it is easy enough, but if somebody jogs your elbow, it is harder. If 650 people jog your elbow, it is very much harder.”
“During the course of the Amsterdam treaty, we had difficult negotiations to carry out, and I kept the House up to date with every bit of that, but that was done at the right time—the appropriate time—and not when it undermined the national interest, which is the problem here.”
“I really ought to make the people who raise this point, which has been made about five times in this House, read out what I actually said, which was that this is one negotiating option among several. The right hon. Gentleman says that I have just been giving reasons for not outlining negotiating objectives, but that is not true—I will come back to why in a minute. There is a reason not to lay out in detail some of the trade-offs and some of the options that we do have to keep to ourselves until we are in the negotiating chamber. I make this point more generally to the House.”
“All I can say is what I have said before: that is what I expect. It is as simple as that. I want to pick up on the point about parliamentary scrutiny in a little more depth, if I may—”
“As I was about to say—I was in the middle of a sentence—it is inconceivable to me that if the European Parliament has a vote, this House does not. It is as simple as that.”
“However, there is no doubt that the way in which we handle and disclose information is important to the negotiating process. Needless to say, I have given a great deal of thought to how we achieve accountability at the same time as preserving the national interest. That was why at the first parliamentary Committee hearing I appeared before—I think it was the House of Lords Select Committee—I volunteered an undertaking that British parliamentarians would be at least as well served, in terms of information, as the European Parliament. As I said to the Opposition spokesman, I have said on several other occasions that we will provide as much information as possible—subject, again, to that not undermining the national interest. This is a substantive undertaking, but it must be done in a way that will not compromise the negotiation.”
“If my hon. Friend will forgive me, I will make a bit more progress for a few moments and keep him in mind. All this does not mean that parliamentary scrutiny is not very important—of course it is. I, of all people, would be last to argue that. That is why I have already given three oral statements to this House and answered more than 350 parliamentary questions. It is why Ministers from my Department and I have already appeared before Select Committees on 10 occasions—I will be appearing in front of the Brexit Committee in a week. It is why the Government announced a series of themed debates, with workers’ rights and transport already discussed, and another debate coming up before Christmas. There have also been more than 15 debates about this in the other House.”
“We heard during the campaign about how the economy was going to collapse, but I seem to have noticed in the past few months that really it is doing very well indeed, thank you very much. This nay-saying—this talking down the country—is, frankly, the least desirable part of the Opposition’s behaviour.”
“My hon. Friend is, of course, exactly right, and that brings me rather neatly to the next thing I want to say. Opposition Members have tried to pretend that we have told them nothing, but that simply demonstrates the old adage that none are so deaf as those who will not hear. We have also been clear that we will set out more as we approach the negotiations.”
“I have to say that that shows an astonishing lack of knowledge of our own history, in which British people fought to create and preserve those freedoms. I suppose it is unsurprising that the party that attempted to impose on Britain the most draconian piece of law in modern times—90 days’ detention without charge—has little understanding of the proper origins of freedom and the rule of law.”
“Labour Members do not like this, partly because they cannot agree on their own policy. In the past few weeks, we have heard at least three different positions on the future of free movement from shadow Front Benchers— [ Interruption. ] The Opposition spokesman probably thinks there are more, as he is challenging me. It is therefore no surprise that they do not want to talk about it, but this is an important, substantive decision that reflects the will of the British people. Similarly, the Prime Minister has said that we intend to remove the UK from the jurisdiction of the European Court of Justice. That is part of the promise to recover control of our own laws. Some Labour Members do not like this because they suggest that the ECJ is the principal guarantor of basic British rights and freedoms.”
“I will give way in a moment. As the Prime Minister said in October, although we will not be giving a running commentary—Opposition Members love that phrase—we will give clarity whenever possible and as quickly as possible. As she told the House earlier this month, “Our plan is to deliver control of the movement of people from the European Union into the United Kingdom.” —[ Official Report , 16 November 2016; Vol. 617, c. 230.] That was the first point made by my hon. Friend the Member for Aldershot (Sir Gerald Howarth). I have also been clear about what this involves. Free movement of people cannot continue as it is now, but this will not mean pulling up the drawbridge. We will operate the immigration system in our national interest, with a view to winning the global battle for talent.”
“What was on the ballot paper, and what I think a million Scots voted for, was leaving the European Union— [ Interruption. ] I will come back, do not worry. I am not going to sidestep the question; I never do. The simple truth is that, as the Prime Minister said—I am a Minister of the Government, remember—this is not a binary option. There are about four different possibilities, and we are still assessing them. I have given an undertaking to the Opposition spokesman that I will notify the House in detail when we come to that decision.”
“I will make some progress and then I will give way again in a moment. There are some among the Labour party who think that leaving the jurisdiction of the ECJ will undermine employment law. Again, that shows a sorry ignorance—employment protection in the UK does not derive principally from the ECJ.”
“No. Nevertheless, to prevent any misrepresentation or misunderstanding, the Government have announced that they will not erode employment protections, so there can be no doubt about the situation. Labour talks about employment rights, but the Government have made clear guarantees and are bringing forward the great repeal Bill to ensure that the rights that are currently enjoyed are maintained.”
“Clearly somebody has the support of the Labour party for what she wants to say. I will get around to my right hon. Friend in a minute. We have been clear that the great repeal Bill will transpose all EU law into UK law, wherever practical.”
“I will not give way for a second, because this point is incredibly important. No law will be changed without the explicit approval of Parliament. That is the key point to understand in this debate.”
“As for the area that has dominated the debate so far—trade and the European market—the Government have been as clear as is sensible at this stage. We have said that we seek the freest possible trading arrangements, in respect of both tariffs and non-tariff barriers. The Government’s view is that the best deal is most likely to be achieved by a negotiated outcome.”
“Any undertaking made from this Dispatch Box is to the whole House of Commons, and she should understand that. A further area in which our aims have been made very clear is justice and home affairs. As I said in the House last week, our aim is to preserve the current relationship as best we can, consistent with our broader aims. That clearly extends to areas such as security and law enforcement. Even after we leave the EU, the UK and the EU will face common threats, from terrorism to organised crime. As such, I believe that there is a clear mutual interest in continued co-operation in these areas. The security of Europe will remain of paramount importance to us, meaning that we will continue to co-operate as we do now with our European partners to help to maintain it.”
“My right hon. Friend was not listening; she probably made up her question before she heard the last paragraph. I said that there would be no law changed in this country without the approval of the House of Commons. Let me come back to the issue of customs union, since it is important. There are several options on customs union. One is shown by Norway, which is in the single market but not in the customs union. One is shown by Switzerland, which is neither in the customs union nor in the single market, but has a customs agreement. A whole series of options exists, and we will come back to the House about that when we are ready. On my right hon. Friend’s other point, she intimated that because I gave the undertaking to the Opposition spokesman, it was somehow to the Opposition, not the House of Commons.”
“One moment. There is a range of means of arriving at a deal and there is a range of outcomes, and it does not make sense to box ourselves in. I am a believer in free trade, and I want to see the freest trade possible with the European Union and also with the rest of the world. We will be a global and outward-looking nation and a leading advocate for free trade. We want to be able to embrace the opportunities of Brexit—I know that the shadow Chancellor agrees with that, although it apparently makes my opposite number “furious”—but we want to maintain the best relationship possible with the European Union.”
“Many Opposition Members pay lip service to respecting the result of the referendum, while at the same time trying to find new ways to thwart and delay. The shadow Cabinet cannot even decide whether it respects the will of the people. We are well aware of the desire of my opposite number to keep his “options open” with regard to a second referendum—the most destructive thing we could do for our negotiating position at the moment.”
“Keeping in mind those strategic aims and the fact that to reveal our position in detail or prejudge the negotiations cannot be in the national interest, we will set out our strategic plans ahead of the triggering of article 50. It is well documented that when we have decided to trigger article 50, the Government will notify the European Council. As I have said on several occasions, the House was always going to be informed in advance of the process. We are happy to support the spirit of today’s motion, with the vital caveat that nothing we say should jeopardise our negotiating position. The Government amendment underlines the timetable for our departure, affirming the Prime Minister’s intention to notify by 31 March.”
“Not at the moment. We have made our aims clear on immigration, on the ECJ, on workers’ rights and, in fact, on European Union legislation more broadly. We have clear aims on justice and home affairs, on security and, finally, on trade. It is important that the House understands what we are aiming for, but it is also important that we do not close off options before we absolutely have to. Just this weekend the leader of the Opposition suggested that he would seek to tie the hands of the Government regarding certain outcomes, such as a particular status in terms of the European market. To do so would seriously undermine the national interest, because it would undermine our ability to negotiate freely. As I said at my first appearance at the Dispatch Box in this role, Parliament will be regularly updated and engaged.”
“No. Today we will see whether the Opposition are prepared to back Britain and support our plan to follow the instruction of the British people and leave the European Union. The Government are absolutely determined to honour the decision made by the British people on 23 June.”
“The hon. Gentleman and I do not differ on many of these points, but allowing people access to any part of the United Kingdom, and access to work in particular, is not achieved only by an absolute rule on freedom of movement. Control of our borders by our Government would presumably be operated in the UK national interest. Why does he expect that to punish Scotland? It would not do so.”
“Withdrawing from the EU means decisions on how we spend taxpayers’ money will be made in the United Kingdom. We will strike a deal in the best interests of United Kingdom taxpayers. It is the job of my Department to bring back control over issues such as money, law and borders. As we do so, it will be up to this House and this Government to make the decisions.”
“I understand entirely where my hon. Friend is coming from. Indeed, as he well knows, I have a great deal of sympathy with that viewpoint. Of course we intend to respect the decision of the British people and what underpins it. As he rightly says, it would be irresponsible to set out red lines or to make unilateral decisions at this stage, but it must be made clear that we want decisions over how taxpayers’ money is spent to be made in this House.”
“I note that the first half of the hon. Gentleman’s question was probably aimed more at you, Mr Speaker, than at me. The simple answer we have given previously—it is very important, because there is a distinction between picking off an individual policy and setting out a major criterion—is that the major criterion here— [ Interruption. ] I will answer him if he lets me do so. The major criterion is that we get the best possible access for goods and services to the European market. If that is included in what he is talking about, then of course we would consider it.”
“I got into trouble once before for saying, “Get thee behind me, Satan”, which was royally misinterpreted in the press. However, my hon. Friend makes a significant point. This money is British money: it will come back to us, and we will decide what to do with it.”
“As the right hon. Gentleman knows, I am appearing in front of his Committee on 14 December. His Committee has already visited my Department, and we are seeking to help it as much as we can. As a previous Secretary of State for International Development and Cabinet Minister, he also knows full well that the probable success of the negotiations greatly depends on our ability to manage information and to keep secret until the last minute what needs to be kept secret. As for the other things from this week that the right hon. Gentleman mentioned, they are all based on a presumption that a scribbled note in Downing Street is actually anything like Government policy. It is not.”
“May I start by welcoming the hon. Gentleman back? I understand that he has a new member of his family, on which the whole House will join me in congratulating him. [Hon. Members: “Hear, hear.”] We have seen an opening bid from the European Union. That is what it is. It is nothing more than the maximum price for departure from the Union. If he will forgive me, I am not going to engage in chipping away at that bid; we will start from scratch when we go through the door after March when the negotiations start.”
“At home, we are carrying out an extensive programme of sectoral analysis on the key factors that affect our negotiations with the European Union. We are working closely with the devolved Administrations, Parliament and a range of other stakeholders, as we have already heard from the Minister of State. The House should understand that we are also working with every Department to ensure a full range of opportunities. In Europe, we are undertaking wide-ranging engagement, led by the Prime Minister. I have met representatives of the European Commission and the European Parliament, as well as Ministers and other officials from several European member states.”
“I am interested to hear the hon. Lady’s supplementary question, which she obviously prepared earlier— [ Interruption. ] This has been the Labour line for some time. It is really interesting that Labour Members cannot agree among themselves on whether they agree with their Front-Bench spokesman or with their shadow Chancellor. We are four to five months from the triggering of article 50. That will be point at which the negotiations start and it will be clear where we are going.”