Sir James Cleverly
MP for Braintree · Conservative · United Kingdom
“On 26 March, I said that people will ask whether these reforms are an act of gross gerrymandering and political opportunism, or gross incompetence and stupidity. I think today we recognise that it is both. The right hon. Lady has only just returned to the Dispatch Box, so it cannot really be her fault, so who has screwed up?”
“Increased energy costs, increased material costs, the increased cost of employing people, particularly young people, the increased cost of bureaucracy and business taxes are all pushing up the cost of building and squeezing the viability of projects.”
“I thank the Secretary of State for advance sight of his statement. This is blatant—blatant. These changes, like so many of the Secretary of State’s decisions, have been driven by party politics.”
“In Nottinghamshire, Conservative-run Rushcliffe council is a well-run, financially secure council, yet under his plans it will be carved up with most of its assets transferred to debt-ridden Labour Nottingham city council.”
“In Devon, he has accepted the proposals put forward by Labour-run Exeter and Plymouth. In Leicester, he has accepted the submissions by a Labour-controlled council. In Nottingham, he has accepted the proposal put forward by the Labour-run city council. I could go on and on, but time does not permit.”
“So please can he inform the House: is two-tier local government good or is two-tier local government bad? He does not seem to know. What assessment has the Secretary of State made of the democratic deficit?”
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“Only yesterday, I had a bilateral meeting with my counterpart Minister in the Department for Environment, Food and Rural Affairs, and we discussed the advanced plans that that Department has made in this area. I have also had meetings with the Food and Drink Federation, which represents sectors in the industry, and the British Retail Consortium. The Government are making significant plans to ensure that key supplies, including food, are available in the event of a no-deal Brexit.”
“The Government absolutely remain committed to ensuring that businesses, whether they are large, small or medium-sized, thrive in any Brexit-related scenario. The Governor of the Bank of England has said that we are well prepared. I will ensure that more details are circulated about what mitigating measures the UK Government will put in place for small and medium-sized businesses.”
“The Treasury has made available over £4 billion for preparations for Brexit in all scenarios. As has been discussed at the Dispatch Box before, it is not possible to disaggregate the spending between planning for a deal and planning for no deal. If the hon. Gentleman or anyone else in the Chamber is concerned about the implications of a no-deal Brexit, I remind them that they have had a number of opportunities to take the prospect of a no-deal Brexit off the table, which is what they say they wish to do, by voting for a deal. The fact that he has failed to do so means that the Government have had to take sensible, pragmatic actions to ensure that we are ready to leave in the event of no deal, but it is not too late for him to repent.”
“I happen to be one of the people in this Chamber who is in the habit of respecting the outcome of referendums. I am conscious that the hon. Gentleman is a representative of a party that is less comfortable with respecting the outcome of referendums. The simple truth of the matter is that the people of Scotland decided to remain an active part of the United Kingdom and the United Kingdom collectively decided to leave the European Union, and we are delivering on that referendum.”
“The Government’s priority remains to ensure that a deal is brought before and agreed by Parliament, allowing the UK to leave the EU before 31 October. In the run-up to 12 April, various Departments were preparing civil contingency plans, which were regularly discussed with colleagues, with co-ordination from the Cabinet Office.”
“The position that the Government have taken mirrors, without necessarily using the same language, the prioritisation of the hon. Gentleman’s deputy chief constable. It is that of the two Brexit scenarios available—leaving with an agreement, or leaving without an agreement—the Government’s preferred option of the two is leaving with an agreement. That still can be done if Opposition Members vote to do so. As a sensible and pragmatic Government, we are making sure we prepare for a no-deal Brexit, but we have said a number of times from the Government Front Bench that our preferred Brexit option is to leave with an agreement and for this House to vote to do so.”
“My hon. Friend makes a very good point. The Government are looking at and planning a number of activities that will benefit the United Kingdom, irrespective of the nature of our departure. As we progress those plans, I am more than happy to share them with him.”
“The Government have regular meetings with international partners. Indeed, my colleague, Mr Walker— [ Interruption. ] I apologise, Mr Speaker, I mean my hon. Friend the Member for Worcester (Mr Walker). He will be joining others at the British-Irish Council to discuss those issues, and ensure that the concerns highlighted by the hon. Gentleman are addressed.”
“The Government and the European Commission have been clear that our trading relationship must comply with WTO rules. Under the withdrawal agreement, the implementation period is compatible with GATT article 24. In addition, paragraph 17 of the political declaration envisages the UK and the EU forming a free trade area, which will also be compatible with article 24.”
“I am not in a position to credibly assess the motivations of the European Union. The British Government’s position has been clear—it is a long-standing position—that it is in our mutual interest to come to a trading relationship between the UK and the EU. We will continue to seek to do so.”
“Our highest priority is for patients to continue to have access to the medicines and medical products that they need. Since the extension of article 50, close engagement with the pharmaceutical industry has continued and we are confident that we will have the necessary plans in place to ensure continuity of medical supply.”
“The hon. Gentleman will be unsurprised to hear that I have had recent meetings with the Association of the British Pharmaceutical Industry. We have discussed the quantity and nature of cross-border movements of medical supplies and pharmaceuticals. The British Government take this as one of our top priorities, protecting the supply in general and ensuring the quality as well as the quantity of medical supplies, and we will continue to do so.”
“My hon. Friend asks me to detail what actions have been taken; those actions are so numerous that I would not want to list them all, because I am sure you want to have time to go on to other things this morning, Mr Speaker. But I have already highlighted a number of meetings that I and ministerial colleagues have had with representatives of industry, helping them to understand what actions the Government have already taken and what actions they and their members can take for a no-deal Brexit. We have also had international meetings on both a bilateral and multilateral basis. Discussions among officials and Ministers and at Cabinet level happen regularly to ensure that the UK Government and UK businesses are in a good place to leave under no deal if needs be.”
“The only way it could have influence on the future deal is to vote on Second Reading for the withdrawal agreement Bill. I therefore encourage all hon. Members to do what the people of Britain demanded of us, ensure we leave the European Union in the national interest, and back the deal.”
“Although the Government’s preparations continue, many of the most important mitigations require businesses and citizens, not just the Government, to act. There are also consequences that are simply not within the Government’s direct control, such as the actions of third countries. We should be under absolutely no illusion that not leaving the European Union would have a significant negative social, political and economic impact. That is another reason why leaving with a deal is the best option. People want politicians to act together and honour the result of the 2016 referendum so we leave the European Union in good time and good order. The hon. Member for Darlington (Jenny Chapman) highlighted the fact that Labour is uncomfortable with elements of the deal.”
“Every SI using those powers is scrutinised by Parliament in the usual way, and there is a new sifting mechanism. Unfortunately, I will not be able to answer all the questions I was asked, because I want to address the broader point about no-deal preparations. Although Parliament has rejected the UK leaving the EU without a deal multiple times, that remains the legal default position if a deal is not agreed. As a responsible Government, we have been preparing for more than two years to mitigate any negative effects and any disruption as far as possible in the event of no deal. Those preparations are well developed and ongoing. We continue to prepare for all Brexit scenarios. Some £4.2 billion of funding has been allocated to help the UK prepare for all eventualities. It is only sensible that we do that.”
“My officials and I have regular meetings to ensure that the UK border is operational and in good order, and that trade flows can continue with the minimum amount of friction in the event of a no-deal Brexit, with a cross-Government borders programme. All Departments will be able to set up fully and partially operated systems, processes and resources to ensure disruption is minimised as far as possible. My hon. Friend asked about labour market preparations. We are in the enviable position of having incredibly low levels of unemployment. The Government will ensure that any changes in the labour market are reflected in Government policy. My hon. Friend asked about the use of Henry VIII powers. The use of statutory instruments came after a decision by Parliament during the passage of the European Union (Withdrawal) Act 2018.”
“The agreement allows the Government to introduce a new fair skills-based immigration system, taking back control of our borders and ending free movement. It ends the jurisdiction of the European Court of Justice UK and means that our laws will be made in Parliament and enforced by our courts. It also protects security and sets out a close relationship on defence and tackling crime and terrorism. It ensures that we will leave the common agricultural policy and the common fisheries policy, delivering a good deal for farmers and fishermen up and down the UK. I will address some of the points that my hon. Friend the Member for Hornchurch and Upminster made. She asked about border preparation work.”
“It ensures a fair financial settlement of less than half of what was initially expected and demanded, which reinforces our global reputation as an honourable and honest international player. It ensures that Gibraltar is covered by the withdrawal agreement. It guarantees that geographical indications such as Scotch whisky and Welsh lamb will be protected until a future economic partnership is put in place. It allows the UK to negotiate, sign and ratify new trade deals during the implementation period, to be brought into force once it ends. Alongside that, the accompanying political declaration sets out the scope for a bold and ambitious future trade relationship between the UK and the EU, to be built on for the next stage of negotiations. Hon. Members reminded us that there was a commitment to take back control of money, borders and laws.”
“The Prime Minister has worked hard to find a way forward that accommodates concerns from across the political spectrum, and yesterday she presented a new deal to MPs to settle the core issues of the debate. MPs must now work together to deliver the result of the 2016 referendum. A number of hon. Members cited the Prime Minister’s words, “No deal is better than a bad deal.” The Government’s position is that the deal that has been negotiated over the past few years is a good deal, but hon. Members have criticised it. If you will forgive me, Mr Robertson, I will dwell briefly on why it is viewed as a good deal. It protects citizens’ rights for UK nationals living in the EU and EU nationals living here. It delivers an implementation period until 2020 to allow businesses to adjust to the new situation.”
“They want us to act together in the national interest, end this impasse and deliver Brexit. Delivering Brexit was never going to be simple or straightforward, but the Government firmly believe that the best way to leave the European Union is with a good deal. At the most recent European Council, the UK and the EU agreed an extension to article 50 until 31 October. It was also agreed that if we successfully brought forward a withdrawal agreement, we would be able to leave earlier. That is why the Prime Minister put forward a range of options hopefully to build a consensus that can secure a vote for the withdrawal agreement so the UK can leave the EU promptly.”
“It is a pleasure to serve under your chairmanship, Mr Robertson. I thank my hon. Friend the Member for Hornchurch and Upminster (Julia Lopez) for securing this very important debate at such an interesting point on the road to delivering Brexit. She raised a number of interesting and important issues. I will attempt to address them in the limited time that we have, but I also want to give her time to respond to the debate that she initiated. I remind hon. Members that the Government, much like the majority of MPs, want to deliver on the result of the referendum and leave the European Union promptly and in good order. The British public are justifiably frustrated—that is an understatement—and the tone and passion of this debate is reflective of the public mood.”
“It is a pleasure to serve under your chairmanship, Sir Lindsay, and to see so many good friends—right. hon. and hon. Friends—making our Benches groan under the weight of their attendance. Someone in this room is box office. It could be the hon. Member for Greenwich and Woolwich or it could be me, but I strongly suspect it is you, Sir Lindsay. I am conscious that we are short of time, so I will try to rattle through my speech, which addresses almost all the points that have been raised. It is important to be clear from the outset that the statutory instrument does not change the time and date that the UK will leave the EU. That happened at the European Council on 11 April as a matter of international law.”
“I will address that point, if my hon. Friend will be patient for a minute or two. The decision to seek a further extension followed votes and the passage of primary legislation in Parliament that supported the extension of article 50. The statutory instrument is about ensuring that our domestic legislation reflects international law and about avoiding confusion in our domestic statute book, which would help no one.”
“I completely understand. I have been knocking on doors, as I am sure my right hon. Friend has, and I am well aware of the anger—I will not be euphemistic and use the word “frustration”—out there about the fact that Brexit has not yet been delivered. Again, I will come on to that specific point. I will have to be ungenerous with regard to further interventions, because I am conscious—”
“Parliament voted in favour of the Government’s motion to seek that further extension and, during the passage of the Cooper-Letwin Act, voted to ensure that any further statutory instrument required to fix the domestic statute book would be subject to the negative procedure. It cannot be said that the statutory instrument goes against the will of Parliament. Nor can it be said that the Government are going beyond their remit. Seeking a further extension was not just the will of Parliament, but a legal requirement set out by the Cooper-Letwin Act. The Act required the Government to lay a motion to set out their intention to seek a further extension. The Government’s motion was laid on 9 April and approved by a majority of 420 to 110.”
“My hon. Friend makes a good point, which I will address. I will try to rattle through, because several specific points have been raised by hon. Members on both sides of the Committee, but predominantly on this side, which I wish to address and for which I have notes. Parliament has been clear. It voted to extend article 50 beyond 29 March. Both Houses approved the statutory instrument that redefined the exit date in line with the initial extension to 12 April. Despite the Government’s opposition, Parliament supported and passed the Cooper-Letwin Act, formally known as the European Union (Withdrawal) Act 2019, which required the Government to seek a further extension to article 50.”
“I would have to refer to Hansard to make a decisive comment on that. I can only assume from the certainty with which my hon. Friend delivered that intervention that he knows the chronology. The main point is that the Prime Minister was required to act by an Act of Parliament, and as my hon. Friend the Member for Stone highlights, we all—and that includes the Government—have to act within the law. The agreement reached with the European Council was for an extension until 31 October 2019, but with the important caveat—this was the point made by my hon. Friend the Member for Chelmsford—that it could be ended earlier if the withdrawal agreement is ratified prior to that date. That was agreed by the UK and the EU and the new date of 31 October 2019 was fixed in international law in the early hours of 11 April.”
“The Government have made it clear that the default position if no other proactive measure is taken by the House is that we leave on 31 October, without an agreement if that is the case. That is the default position and that is why the Government maintain preparations for what we call a no-deal Brexit on 31 October 2019.”
“The default position is that that is how we leave. The House would have to do something proactively to prevent that. The purpose of this statutory instrument is to align UK domestic legislation and international legislation. Hon. Members will recall that for the first extension of article 50, the equivalent SI was subject to the affirmative procedure and debated in both Houses before it came into force.”
“At that point, exit day in our domestic law was still defined as 11 pm on 12 April. Although the agreement with the EU meant that we would remain a member state, if this SI had not come into effect before 11 pm on 12 April there would have been legal confusion.”
“With the greatest respect to Members, as I said at the start of my speech, my belief, having read through what is my speech rather than someone else’s notes, is that the points my hon. Friend brought up are addressed. If in the short time available I can reach the end of my speech, I am confident that those issues will be covered. If I am cut short, he might be left disappointed. The Cooper-Letwin Act changed the procedure from affirmative to negative. That was in response to the tight timescales faced and Parliament’s desire that, following an extension, domestic legislation would be updated to avoid unnecessary and widespread confusion. My hon. Friend the Member for Stone highlights the pace of this process. Indeed, the timescales were tight. The extension of article 50 was agreed in the early hours of 11 April.”
“Although this SI simply reflects the decision on article 50 in domestic law, it is the Government’s main priority to leave the European Union as soon as possible. The Prime Minister has made it clear that the UK should leave the EU in an orderly way and without undue delay.”
“I have slightly lost track of which interventions were shot at me from the Government Benches, but I believe that my hon. Friend the Member for Wycombe asked whether we can confirm that the UK must agree an extension. [ Interruption. ] In fact, no; it was my right hon. Friend the Member for Rayleigh and Wickford. Any extension needs to be agreed in the UK. The agreement of this House was taken to the EU and expressed by the Prime Minister the last time around, on 11 April. Something similar would have to be done for any future extension. The SI defines exit day as 31 October 2019, in line with the European Council’s decision, and therefore in line with international law. Hon. Members will be aware that the extension can be terminated before that point if the withdrawal agreement is ratified at an earlier date.”
“The consequences of not changing the definition of exit day would be serious, and would be of benefit to no one. We estimate that tens of thousands of amendments to our domestic legislation will be made in the light of EU exit. Those include changes that relate to the sharing of information, reporting requirements placed on businesses and public institutions, and the role of the European Commission in issuing licences and certificates—those examples are from across the statute book. It is clear that unless exit day is correctly defined, there will be significant confusion and uncertainty for businesses and individuals, including the risk that firms stop trading to avoid legal breaches and given their uncertainty about new customs, excise and VAT regimes that may kick in.”
“I am very conscious of the fact that many of the points raised by Members are included in my speech, and if I keep taking interventions I will not be able to get to them. I know that my hon. Friend will be frustrated with this, but I will plough on. Major changes to the domestic statute book reflecting our exit from the EU are due to take effect on exit day, which at that point was defined as 11 pm on 12 April. Those changes apply across a huge number of policy areas and are designed so that our statute book works when we leave the EU. Once the further extension of article 50 was agreed, we needed to amend the dates to reflect the new point at which EU treaties would cease to apply to the UK, and ensure the correct functioning of our domestic statute book.”
“The House did not take that opportunity, and instead mandated that the Prime Minister should seek an extension, which she duly did. As soon as that extension was agreed by the European Council, it became binding in international law. However, the issue today is not the extension of article 50 itself, but whether our domestic statute book reflects the extension. Without this SI, the status of our domestic statute book would be confusing and unclear, with the provisions of UK and EU laws clashing. The Government will soon bring the withdrawal agreement Bill to the House, so that the UK can leave the EU in good order and as soon as possible. I therefore hope that the Committee agrees that this extension, and this SI, were essential.”
“The extension to article 50 did not come with conditions from the European Union. Once we know the clear date and time when the withdrawal agreement is ratified, we will ensure that it is reflected in the statute book. In response to the point made by the hon. Member for Greenwich and Woolwich, should exit day change from 31 October 2019 in international law for any reason—for example, because the withdrawal agreement has been ratified—the Government will bring forward another SI to ensure that that change is reflected in our domestic statute book. An extension to article 50 was not the Government’s desired outcome. There was an opportunity to leave on time and in an orderly fashion by voting for the Prime Minister’s withdrawal agreement.”
“Revoking article 50 would cause irreparable damage to the relationship between voters and the Members of Parliament who represent them. It would reverse the outcome of the 2016 referendum, betraying not only the 17.4 million voters who voted to leave but everyone who voted, putting their faith in our democracy at risk. Revoking article 50 would break the trust the British people place in politicians, in voting and in democracy.”
“Ultimately, there are only three ways that this situation can resolve itself: the UK leaves the EU with an agreement; the UK leaves without an agreement; or we revoke article 50 and do not leave. Leaving without a deal is undesirable, but not leaving is unacceptable. That is why the Government maintain the position that they want to leave the European Union with an agreement as quickly as possible, restoring people’s faith in the democratic process and honouring the commitment we made in the 2016 referendum.”
“The British people have already exercised their democratic choice. I do not subscribe to the negative predictions that the hon. Gentleman and others have made about a post-Brexit British future. More importantly, international businesses do not agree with him; inward investment into the UK is still flourishing. The employment market does not agree with his predictions either, because unemployment is still reducing and employment is still increasing. I am confident—the Government are confident—that there is a bright future ahead for this country outside the European Union. That is what we are committed to delivering and that is what we are working towards.”
“Additional EU exit funding allocated by Her Majesty’s Treasury to Departments and devolved Administrations covers all scenarios. No-deal spending cannot readily be separated from deal spending, given the significant overlap in plans in many cases. Since 2016, the Treasury has allocated more than £2.4 billion of funding for all exit scenarios. [Official Report, 20 May 2019, Vol. 660, c. 6MC.]”
“Her Majesty’s Government have never had the policy to take no deal off the table; the House has committed the Government through votes to do so. The right hon. Gentleman talks about spending in other Departments. We have, for example, seen record spending in the national health service, making good on the Government’s commitment. If he does not want to see any more money spent on no-deal preparations, it is incumbent on him to bring this to a conclusion, and the best way of doing so is by voting for the withdrawal agreement Bill when it is presented to the House, giving this country certainty and the ability to move forward in a post-Brexit world.”
“The Treasury has already allocated money for no-deal preparation. We continue to prepare for no deal, because at the moment there is still the possibility that on 31 October the United Kingdom will leave with no deal. Members of the House who are uncomfortable with that position can take a no-deal Brexit off the table by voting for a withdrawal agreement and leaving with a deal, which remains the Government’s policy. If we were to do that, we could move on to the second stage of the negotiations and set about creating a strong working relationship with our European partners and other nations around the world.”
“Further to the question from my hon. Friend the Member for Chelmsford (Vicky Ford), I thank the Prime Minister for the invitation she extended to me to her knife crime summit on Monday. Does she agree that, while the numbers and powers of police officers are important, we need to send a message to people who would never wear a t-shirt made in a sweatshop and look carefully at the air miles of the food they buy, yet seem not to make the connection between the drug use they have in their personal lives and the damage done to young people on our streets? Will she send a message that it is not acceptable?”
“The right hon. Gentleman makes a compelling case on people’s concerns about what may happen in a Brexit without a withdrawal agreement, but the European Union has explained to us on many occasions that the withdrawal agreement is now basically a hermetically sealed box, and many of the things he discusses in relation to the future relationship, such as trading, are encompassed in the political declaration, which cannot be binding—we have been told that many times. I genuinely fail to understand why, if he is so concerned about our leaving without an agreement, he does not just vote for the withdrawal agreement and then set about making his case for what should be in the political declaration, which cannot be binding until we have formally left the European Union.”
“T2. What assessment has the Department made of the validity or otherwise of accusations of vote rigging in the recent Nigerian elections? Further to that, what support will be given to ensure the integrity and independence of the judiciary in Nigeria and the upholding of the rule of law?”
“On a point of order, Mr Speaker. Hindsight is a wonderful thing. Do you concede that had you made this statement in fundamentally the same way between the first and second presentations of a meaningful vote, there might have been Members of this House who, believing that the second meaningful vote was their last opportunity to vote positively on the question, would have changed their minds? When there are particularly fast-moving negotiations, we have sometimes seen substantial, if subtle, changes to an agreement during a debate and before a vote. May I inquire how, in that instance, you would assess the validity of another presentation of the meaningful vote?”
“I thank my right hon. Friend for giving way and congratulate my hon. Friend the Member for Richmond Park (Zac Goldsmith) on opening this Third Reading debate. I have just come from a meeting in the Boothroyd Room of Sierra Leonean women who are discussing their attempts to eradicate FGM in Sierra Leone. The First Lady has recently sent rather mixed messages about FGM and has relied on cultural practice as a part justification. Does my right hon. Friend agree that we need to send out a very clear message that religious and cultural sensitivities cannot and must not be used as a shield to hide behind when practices such as this are being discussed either in school or in this place?”
“Q6. Yesterday, we heard of the horrific antisemitic attack on an elderly Jewish gentleman in north London. Tonight, right hon. and hon. colleagues from across the House will be breaking bread with the Community Security Trust, a charity that exists to defend against antisemitic violence. Does my right hon. Friend agree that we can never be blasé about antisemitism, we can never be tolerant of antisemitism, and the Labour party can never be too apologetic about antisemitism?”