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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“We have had a great deal of parliamentary discussion about this matter already and we are going to have a great deal more between now and the triggering of article 50, including the appearance before the Select Committee and so on. So he can expect to know a very great deal about this at the time we get there. I made one particular undertaking at the first Select Committee I attended, the Lords one, which was that this House would be kept at least as well informed as the European Parliament.”
“Of course I will consider anything my right hon. Friend comes forward with in this area; I know it is a matter of great importance to him. Let me say this: “Brexit means Brexit”, an interesting phrase at the beginning of this exercise, is a long way short of what we have already said, which is that we are aiming to achieve the maximum possible free access to the market and that we need to respect all the implications of the referendum. In between those things, in an important area that nobody seems to talk about, justice and home affairs, we have made it very clear that we want, as far as is possible, to replicate what we already have.”
“Gentleman should know—I assume he talks to his opposite number on the Joint Ministerial Committee EN, the Committee that co-ordinates the approaches of the three devolved Administrations—that a great deal of work has been taking place on these matters and all of it is in typed script; none of it is scribbled on a bit of paper.”
“Let me pick up on the last point first. What I have seen in the papers this morning strikes me as completely at odds with what I know about my right hon. Friend the Foreign Secretary’s approach to this matter. He believes clearly—he made this clear during the leave campaign, which he was a much more major part of than I was—that some immigration is useful. We all agree on that, but it is not the same as thinking that free movement of people as it now stands is a good idea—it is a problem. On the other aspects of the forward planning, the hon.”
“One lesson I take from it is that if the parties on the Opposition Benches—all of them—continue to frighten people, that is what the response will be. The hon. Gentleman should know, in terms—we have said this over and over again—that we wish to provide the maximum protection for both European citizens here and British citizens abroad. Just so he does not forget this, let me say that the Polish Prime Minister—not just the British Prime Minister—accepted earlier this week in public that both of those matters matter.”
“My hon. Friend is absolutely right: this point is wider than just the issue of article 50; it goes right to the heart of the operation of the Crown prerogative.”
“The answer is the same one I have given the hon. Gentleman before to exactly the same question, which is that we have already set out the strategic aims—he knows that. He is also aware that we do not want to cut down the options available on things such as the old issue of market access. At this stage, we do not wish to go into great detail on the justice and home affairs front, on which I suspect that we absolutely agree, because we want to get the best possible outcome for Britain. The dominating factor here is not what is in the newspapers, but what is the best outcome for Britain in the long run.”
“One hundred and twenty one days is a long time in policy terms, I am afraid. The simple truth is that there is one chance in this negotiation. This is unlike almost anything else that comes in front of this House. With everything else, we can come back and repeal it, change it or amend it later. This is a single-shot negotiation, so we must get it right, and we will get it right by doing the analysis first and the notification second. I will do that. I will meet my promise to the hon. and learned Gentleman—there is no doubt about that—but he will just have to wait until the analysis is complete.”
“The Prime Minister set out the timetable for triggering article 50 by the end of March 2017. We will soon put before Parliament the great repeal Bill, which will remove from the statute book the European Communities Act 1972 and bring back sovereignty to this Parliament.”
“I understand my hon. Friend’s impatience after, as he says, 30 years of campaigning, but there have been 40 years of membership of the Union and it takes some time to decide on the best way of removing us from the Union in the way that people want. On the court case, it is not just a yes/no outcome in December/January. The actual nature of the Bill may be influenced by the outcome, but within that context, yes, we will carry on as rapidly as we possibly can.”
“The answer to the right hon. Gentleman’s question is yes. There are other questions on transitional arrangements that I will come to in detail later, as the Speaker will pull me up if I do not. The answer is yes; we want to see them both done in parallel inside the two years.”
“I hear from behind me, “How is your poll rating?” I would not be so cruel to my old friend. We will use all 121 days to get the best possible policy for us and then we will put that single policy to the European Union.”
“We take parliamentary scrutiny of the Department’s work extremely seriously, and I am delighted to be appearing before the new Select Committee on Exiting the European Union on 14 December. Department for Exiting the European Union Ministers and officials have made 10 appearances before Select Committees since the Department was established and before our own Select Committee was formed. But it is right that we do not overstep our remit and that Ministers across Whitehall—this is a cross-Whitehall operation—are accountable to their own Committees, including in relation to European Union exit.”
“The hon. Gentleman should perhaps make his point about industry collapsing to Google, Facebook, Microsoft, Nissan, GSK, Jaguar Land Rover and the rest. To come to his substantive point, we consider every request from Select Committees on its individual merits. There are probably something of the order of 30 ongoing projects at the moment. Frankly, if we appeared in front of every Select Committee on all those, we would not have any time to do any negotiation or planning at all.”
“We are seeking to ensure a smooth and orderly exit from the European Union, and it would not be in the interests of either side—Britain or the European Union—to see disruption. To that end, we are examining all possible options, focusing on the mutual interests of the UK and the European Union.”
“Transition, when it is raised by various people, will mean different things. For example, when the Europeans talk about it, it effectively means a much longer negotiation period, while other people are concerned about matters such as financial stability. There are different issues that need to be dealt with in a different way.”
“The substance of the hon. Lady’s question is incredibly important and, as she has said, the Prime Minister addressed it at the CBI. She addressed it again yesterday and that is why she has said that we want a smooth and orderly exit. How that occurs will be affected by a number of things. The hon. Lady has mentioned the structural issue relating to whether the negotiation is done in parallel or in series. We do not accept the series approach. We have made that plain to the European Union, and we need to deal with that before we come to the detailed question of whether there is a transition or not. On transition itself, I make this important point. The Select Committee Chairman, the right hon. Member for Leeds Central (Hilary Benn), is sitting next to the hon. Lady.”
“There is no “if” about it. There is a “when.” I say that to the hon. Gentleman quite firmly, because that is part of the problem that the European Union has had in engaging on the process so far. Many of them want to see this not happen and they have to face up to that so we get the right answer. The hon. Gentleman raises a significant issue. I have not addressed it in detail myself, but I will do so. Will he forgive me if I write to him on this matter, because it is sufficiently important that I think I should do so?”
“Thank you, Mr Speaker, for the on-stage prompt. The question is about European nationals. The Government’s aim is clear: we wish to guarantee the rights of European nationals at the same time as we guarantee those of British citizens abroad. We raised that matter with the Polish delegation—the Polish Prime Minister and others who came to the UK this week—and they agreed that both matters have to be dealt with at the same time.”
“May I say two things to the hon. Lady? It is a serious issue and I accept that she takes it seriously, as we all do. As I said last time—I hope this gets promulgated—the majority of European nationals already have the right indefinitely to remain because of the time they have been here, or if they have been here for two and a half years, they will certainly have that before we leave. More to the point of what she said, we discussed the matter with the Poles and several other European countries, and they accept in terms—indeed, the Polish Prime Minister said it in public two days ago—that this has to be dealt with at the same time as British citizens abroad because they, too, will feel a nervousness and we must not leave them hanging.”
“The phrase, “holding people to ransom” is mightily unhelpful to the whole argument. Our whole strategy is designed to avoid holding anybody to ransom and to ensure that everybody who should have rights gets them recognised at the same time. I am afraid that the arguments in the European domain in the last week have reinforced that viewpoint. As the Prime Minister said yesterday, it demonstrates that we are taking the right approach. If it were up to us, we would have this resolved in months, but we have to get agreement with the European Union, too.”
“Last week, the Chancellor delivered the autumn statement and, thanks to work done since 2010, the fundamentals of the UK economy are strong and we approach EU exit negotiations from a position of strength. Of course there will be ups and downs during the process, but the hard data since the referendum have been far better than many expected or predicted, and growth is forecast to be steady. In the third quarter, UK GDP grew by a half per cent., employment reached an all-time record high, business investment rose by 0.9% and retail sales grew by 1.9%. In the three months to October, companies from Jaguar Land Rover to GlaxoSmithKline have increased investment. The UK is well placed to deal with challenges that may arise from exiting the EU, and ready to seize the opportunities, too.”
“On a scale of one to 10, I will give that number when I hear what the Chancellor says myself, rather than hear that routed through the hon. Gentleman. The substantive point—transition—is material. We have said that the first thing to determine is the endpoint and the outcome. Whether we need a transition will be dictated by that in the first instance. As I said earlier to the hon. Member for Wolverhampton North East (Emma Reynolds), what transition means is itself a moot point.”
“Frankly, the hon. Gentleman allows me to reiterate the important point I made earlier. [ Interruption. ] I will get to the issue of leave to remain. By the time we get to the end of the process, five out of six European nationals who are here already will have the automatic right. The hon. Gentleman got that wrong—when it comes down to it, it is effectively automatic. After six years, people get the right to citizenship, which is important. The hon. Gentleman is right that we would like to resolve this in a fast, expeditious and comforting manner for the individuals concerned, but we have a responsibility to 1 million British citizens abroad, and we must protect them as well.”
“That will be part of the great repeal Bill. If there is any amendment, I would think it would be done through primary legislation in the House.”
“I recommend to the hon. Gentleman the comments of the shadow Chancellor, who said that Britain should grasp the opportunities available and use Brexit to transform society. Sadly, the shadow Brexit Secretary does not help.”
“The hon. Lady should be very wary about taking economic assumptions underpinning a forecast as a statement of what is going to happen. The outcome after the Brexit process is over will depend very much on the deal we strike. That will be a good deal and there will be an increase in the amount of world trade we take.”
“Those are two different things. As I said earlier, we give very high priority to both tariff-free access and access without tariff barriers, at least no more than there are already—there are plenty. That may or may not include membership of the single market, but it is achievable by a number of different methods.”
“The function of my Department and this strategy is to bring back the control of migration to the British Government and the British Parliament. That will be exercised in the national interest. That means that we would expect to see pretty free movement of highly talented labour and, in other aspects of the economy, it is not in the national interest to cause labour shortages. Therefore, businesses should be aware that this is not shutting the door; it is taking back control.”
“My hon. Friend is exactly right and that is why we have taken this strategy. I hope that, at the end of the day, there will be unanimity so we can get early movement.”
“The Government will not be so easily put off, although the hon. Gentleman is quite right. It would have been better if we had got a better response from the EU—but I will not say anything rude about those involved. One of the interesting disciplines of the next two years is that I will be polite to everybody.”
“Interestingly, one of the first business meetings I had was in Blackburn, at the invitation of the former MP for the area, Jack Straw. We are clear that we are seeking tariff-free, barrier-free access, and we—I certainly, as a northern MP—have the interests of industry throughout Britain, particularly the north, very much in mind.”
“None of this in any way diminishes our determination to respect and deliver the outcome of the referendum, and to notify under article 50 by the end of March next year. We are going to get on with delivering on the mandate to leave the European Union in the best way possible for the UK’s national interest—best for jobs, best for growth, and best for investment.”
“However, there is a balance to be struck between parliamentary scrutiny and preserving our negotiating position, which was why the House unanimously concluded last month that the process should be undertaken in a way that respects the decision of the people of the United Kingdom when they voted to leave the EU on 23 June, and does not undermine the negotiating position of the Government as negotiations are entered into. We will give no quarter to anyone who, while going through the motions of respecting the outcome of the referendum, in fact seeks to thwart the decision of the British people. We are disappointed by the Court’s judgment in this case and we will appeal against it in the Supreme Court.”
“We intend that this Act of Parliament will be in place before the end of the article 50 process. It is important to remember that article 50 is the beginning of the process, not the end. As the Prime Minister has made clear, there will be many opportunities for Parliament to continue to engage with the Government once article 50 has been invoked. When negotiations have concluded, we will observe in full all relevant legal and constitutional obligations that apply.”
“I informed the House in October that there would be a series of debates on Brexit in Government time—the first will take place today—and that is on top of a number of other debates and opportunities for scrutiny. The new Exiting the European Union Committee has been established, and it provides another place for parliamentary scrutiny of our withdrawal from the EU. If I remember correctly, its members will be visiting my Department tomorrow. The Government will introduce legislation in the next Session that, when enacted, will repeal the European Communities Act on the day we leave the EU. This great repeal Bill will end the authority of EU law and return power to the United Kingdom. We have made it clear that European Union law will be transposed into UK law at the time we leave, providing certainty for workers, businesses and consumers.”
“The country voted to leave the European Union and it is the duty of the Government to make sure that we do just that. Parliament had its say in legislating for the referendum, which it did in both Houses, with an overwhelming majority in this House and cross-party support. The people have spoken and we intend to act on their decision. Thirdly, irrespective of the ongoing court process, there is an important role for Parliament. Parliament will have a central role in ensuring that we find the best way forward, and we have been clear that we will be as transparent and open as possible. There have already been a number of debates and parliamentary statements on Brexit, and the Prime Minister has pledged that that process will continue before article 50 is invoked.”
“For the avoidance of doubt, our view is that the legal timetable in relation to this case in the event of an appeal should also be consistent with our commitment to notifying under article 50 by the end of March next year. I have said that because of our appeal, I will not go into detail on the points that were raised in the High Court’s judgment, but let me set out some fundamental principles for how we move ahead. First, our plan remains to invoke article 50 by the end of March. We believe that the legal timetable will allow for that. Secondly, the referendum result must be respected and delivered. The country voted to leave the European Union in a referendum provided for by an Act of Parliament. There must be no attempts to remain inside the EU, no attempts to rejoin it through the back door and no second referendum.”
“It is considering a number of specific issues linked to Northern Ireland’s constitutional arrangements. The High Court in Belfast found in the Government’s favour on these points. A hearing is being held in Belfast tomorrow to consider whether an appeal by the claimants in that case should also leapfrog to the Supreme Court, and whether the issues that overlap with the English courts should remain stayed pending the outcome of the hearing in the Supreme Court. Again, it would not be appropriate for me to say more at this stage, except that in the event of any appeal in the Northern Ireland litigation, the Government will robustly defend their position.”
“This will ensure that, when we lodge our appeal, it will be heard directly in the Supreme Court without further delay. Secondly, we will this week apply for substantive permission to appeal to the Supreme Court. It is likely that any hearing will be scheduled in the Supreme Court in early December. We would hope that the judgment would be provided soon after. This timetable remains consistent with our aim to trigger article 50 by the end of March next year. We are now preparing our submissions to the Supreme Court in the usual way. As I have said, it would not be proper to go into those in great detail here today, but the core of our argument will remain that we believe that it is proper and lawful for the Government to trigger article 50 by the use of prerogative powers. Of course, litigation is also under way in Northern Ireland.”
“The Government disagree with the Court’s judgment. The country voted to leave the European Union in a referendum approved by an Act of Parliament. Our position remains that the only means of leaving is through the procedure set out in article 50, and that triggering article 50 is properly a matter for the Government using their prerogative powers. As a result, we will appeal the High Court’s judgment at the Supreme Court. Given our appeal, it would not be appropriate to comment further on the details of the legal arguments—I am sure that the House understands this—but let me say a brief word about the process of the appeal. We have taken two necessary procedural steps. First, the Government have been granted a certificate to bypass the Court of Appeal and leapfrog the case to the Supreme Court.”
“The Court said that the starting point was that the Crown does not have power to vary the law of the land using its prerogative powers unless Parliament legislated to the contrary. It held that the European Communities Act 1972 brought rights arising under EU law into the law of the United Kingdom, and that the Crown has no prerogative power to withdraw from the EU because the effect of withdrawal would be to take away those rights. Let me be clear about this: we believe in and value the independence of our judiciary, the foundation upon which our rule of law is built— [Interruption.] I have to say to the Opposition that I have a little more background in protecting that independence than they have, in view of the previous Government. We also value the freedom of our press. Both those things underpin our democracy.”
“As I have said, the basis on which the referendum was held was that the Government would give effect to the result of that referendum. That was the basis on which people were asked to vote. Our argument in the High Court was that decisions on the making and withdrawal from treaties are clear examples of the use of the royal prerogative, and that Parliament, while having a role in the process, which I will come on to, has not constrained the use of the prerogative to withdraw from the EU. Our position in the case was that the Government were therefore entitled to invoke the procedure set out in article 50. The Court has, however, come to a different view. It held that the Government do not have the prerogative power to give notice under article 50 without legislation authorising them to do so.”
“We have been clear about the timing. There was a good reason why the Government did not take the advice of some in this House on 24 June and trigger article 50 immediately. Instead, the Prime Minister was clear that she would not invoke article 50 before the end of this year. That gives us time to develop a detailed negotiating position, but we have also said that the process should not drag on and that we intend to trigger article 50 by the end of March next year. Let me now turn to the issues at hand this week. Legal action was taken to challenge the Government on the proper process for triggering article 50. We have always been of the clear view that this is a matter for the Government, and that it is constitutionally proper and lawful to give effect to the referendum result by the use of prerogative powers.”
“With permission, I would like to make a statement on the process for invoking article 50. The Government’s priority at every stage following the European Union referendum has been to respect the outcome of that referendum and to ensure it is delivered on. To leave the European Union was the decision of the British people. It was taken after a 6:1 vote in this House to put that decision in their hands. As the Government told voters: “This is your decision. The government will implement what you decide”— no ifs, no buts. So there can be no going back; the point of no return was passed on 23 June. Implementing the decision to leave the EU means following the right processes. We must leave in the way agreed in law by the UK and other member states, which means following the process set out in article 50 of the treaty on European Union.”
“Member for Sheffield, Hallam (Mr Clegg), the former Deputy Prime Minister, who is in the Chamber, suggested after last week’s result that his party would seek to amend any legislation on triggering article 50 to allow for a second referendum on our new relationship with the EU. He did not like the first answer given by the voters, so he is seeking to put the question all over again in the hope of getting a different one. These are not constructive proposals to enable Britain to make a success of Brexit. I am sorry to say that they look increasingly like attempts to thwart and reverse the decision that was taken on 23 June— [ Interruption. ]”
“and learned Gentleman suggests that his party respects the referendum result and is not seeking to undermine the decision of the British people, but I have to say that the approach being taken by certain Opposition Members rather gives the game away. The shadow Foreign Secretary, the hon. Member for Islington South and Finsbury (Emily Thornberry), has declared that what the referendum result—the biggest democratic mandate for a course of action achieved by any Government—needs is an “injection of democracy”. The hon. Member for Pontypridd (Owen Smith) has suggested that Labour would amend any article 50 Bill to bring about a second referendum. The right hon.”
“The hon. and learned Gentleman finishes by calling me “furtive”, having started his contribution by commending me for the number of times I have appeared at the Dispatch Box—an interesting idea. I thank him for his reply none the less. I shall respond to his points in a moment, but let me first say that I am determined to work constructively with Opposition Members who want to make a success of Brexit. I have said that the Government will be as open and transparent as possible as we approach these vital negotiations—this must be the 20th time I have said that—and that Parliament will be closely and repeatedly engaged in the process of exit. The hon.”
“A little later in that decade, Mr Peter Hain was threatened with prosecution for criticising judges, and I led the campaign to stop that prosecution, so I will take no lessons from Labour on this subject.”
“He accused the Lord Chancellor of failing to defend the judiciary. I do not accept that. I have the quote in front of me and the Lord Chancellor said: “The independence of the judiciary is the foundation upon which our rule of law is built and our judiciary is rightly respected the world over for its independence and impartiality.” I have been in this House for a little while. Over the past decade or so—since about 2004—there have been a number of occasions when I was sitting on the Opposition Benches that the Labour Home Secretary of the day criticised by name and in terms individual judges. I never did that. I did not attack him because I thought he was doing something he believed in—even if he was wrong. Nevertheless, I certainly never ever undermined the judges when I was in that position.”