The right hon. Member for Wolverhampton South East (Mr McFadden) has made out that the essence of today’s debate is about whether the Government publish a plan and how it is scrutinised, and the shadow Secretary of State echoed that thought. I do not believe that is the debate we are having today; as was made clear in the response to me from the right hon. Member for Doncaster North (Edward Miliband), the former Leader of the Opposition, the debate we are actually having is congruent with the discussion going on in the Supreme Court, over the road. It is about a great constitutional issue: the old Leninist question of “who, whom?” The question
is: should the Government of the UK, following a referendum, be able to conduct negotiations in the style and manner, and with the intent, that they decide, on behalf of the people of the UK, or should Parliament seek to constrain the negotiation, ultimately by passing a law constraining the activities of the Government in that negotiation? That is the issue we are facing.
I wish briefly to argue, in the time allotted, that if we think about it carefully, it is clear that it is impossible to conduct that negotiation successfully on the basis of a legal mandate given by Parliament. Why? It is because once a law is passed that determines negotiation, the negotiation as a whole, and in every particular and at every moment, is justiciable. We will end up with the Supreme Court and lower courts being called upon to decide, from moment to moment, in judicial review after judicial review, whether the Government have sufficiently transparently made clear every detail of the negotiation to satisfy the Court that the mandate of Parliament in the law is being observed; and whether they have fulfilled the terms of the mandate, once everything is transparent. Any Member of this House who believes this country will have an advantage in the outcome from such a process is severely misguided.
I voted to remain, and I still believe that would have been the right decision for this country. I believe we would be better off inside the customs union than out, and better off inside the single market than out; I wanted to be free of the rest of the EU’s jurisprudence, but not of those things. I think we might have achieved that, but that world has passed; the referendum has occurred—we are leaving. If we are leaving, we have to negotiate an exit. The horror and the tragedy of the discussion we are having now is that, if it does lead to Parliament imposing those kinds of constraints on the Government, it will not be possible for the Government to do a trade deal with the remainder of the EU when we have left—by that, I mean left the single market and left the customs union, as we are bound to do by the logic of the situation—and it will not be possible for the Government to negotiate a trade deal to the advantage of our country because it will not necessarily be within the mandate, and that could leave us in the worst of all possible positions. So I urge Opposition Members to remove the cloak, cease to pretend that this is about transparency and plans, as we know perfectly well where the Government are going, admit that this is a constitutional argument and give up the attempt to control the negotiations line by line from Parliament.