The Brexit Committee have published their first report:
www.publications.parliament.uk/pa/cm201617/cmselect/cmexeu/815/81502.htm
Note the Committee includes high profile Brexiteers including Gove and Raab, so they must have agreed to these findings.
These are some of the bits that jumped out at me.
What the Government needs to do before triggering Article 50
1.Coordinating the policy analysis, putting in place the staff required and ensuring necessary coordination to support the UK’s negotiations to exit the EU and managing and implementing the decisions required to prepare the public service for life outside the EU represent a significant challenge for the civil service. The work required to “deliver Brexit” will be the highest priority across the civil service for some years and it must be properly resourced and structured by Ministers. (Paragraph 21)
2.We welcome early reports of the strength of the team assembled at the Department for Exiting the European Union and the work clearly being undertaken. We also note the resignation of Sir Ivan Rogers from his key role as UK Permanent Representative to the EU. We wish his successor, Sir Tim Barrow, well in his challenging new role. We will wish to take evidence on the issues raised in Sir Ivan’s letter. (Paragraph 22)
3.We note that evidence has emerged of the strain that preparation for exiting the EU is placing on Government, not just on the Department for Exiting the EU but on other Departments with responsibilities in “delivering Brexit”. It is essential that all those involved are clear about the objectives. This will be a matter which we, and our counterpart committees, will continue to keep under close watch. (Paragraph 23)
4.It is not yet clear what the long term impact of Brexit will be on civil service headcount, but the additional burden of delivering Brexit and the new functions that the public service will need to take on may well require, at least in the short to medium term, an increase in numbers of civil servants. The Government should also identify where the gaps in the knowledge and experience of the civil service lie and consider bringing in people from a range of backgrounds to ensure that it is up to the task at hand. (Paragraph 24)
Just over two months from when we are due to trigger a50, the Committee are pointing out that we should have adequate staff in place to manage Brexit. At this point we are not in that position and in fact, are really struggling.
If on the 31st March we are still in this position, is May going to still press on regardless despite the Brexit Committee's comments?
6.We welcome the Prime Minister’s assurance that Parliament will have the opportunity to scrutinise the Government’s negotiating plan, but in order to do that the plan must be published in sufficient time before the triggering of Article 50. We therefore expect to see the plan by the middle of February 2017 at the very latest. It should be published in the form of a White Paper given its huge significance, and we will call the Secretary of State to give evidence on it. When the Government does produce its plan, it should declare its position in relation to membership of the Single Market and Customs Union. (Paragraph 38)
White Paper. Middle of Feb Will believe it when I see it.
9.While it is clear that no part of the UK has a veto over the outcome of the negotiations, it is essential that all the devolved governments, and the different regions of England, are duly involved in the process and have their views taken into account. (Paragraph 52)
Well this is a bit of a problem....
The Article 50 negotiation: what will it cover?
13.The Great Repeal Bill will introduce the legislation that ought to provide legal certainty in the UK on the day after Brexit day. EU legislation will be incorporated into UK law and can then be either retained or repealed. Given the significance of the repatriation of legislative competences to the UK for the constitutional make-up of the UK, the Bill will also have implications for the devolution settlement. The Secretary of State must publish this Bill in draft to enable the fullest scrutiny to take place. The Great Repeal Bill, and the procedure with which it is dealt, will need to be consistent with the existing devolution settlement. (Paragraph 71)
The constitutional make up of the UK is going to have to be looked at.
14.The UK’s relationship with the EU is deep and complex, not least in terms of the legal rights of parties in both the UK and the EU-27. It would be unsatisfactory and potentially damaging to both sides were the UK to leave the EU with no agreement having been reached. (Paragraph 76)
Cross party agreement that UKIP's policy on leaving the EU is officially disastrous.
16.It is clearly in everyone’s interests to resolve the position of EU nationals currently in the UK and of UK nationals in other EU member states as quickly as possible so as to provide certainty and reassurance to the individuals, their families and the businesses and services that rely on them. We were struck by the fact that witnesses who were on either side of the referendum debate were unanimous, when asked, in expressing their opinion that EU nationals working in the UK should have their status assured. This must be an early priority for the negotiations. (Paragraph 87)
The No 1 priority.
17.It is essential that closer UK–Irish relations and stability in Northern Ireland and the Good Friday Agreement are not jeopardised by the UK’s exit from the EU. The Executive and the Assembly in Northern Ireland should be duly involved at every stage in the process. In the light of current developments in Northern Ireland, a way will have to be found to make this happen. (Paragraph 92)
In the light of current developments in Northern Ireland, a way will have to be found to make this happen.
DELAY A50. YOU KNOW WE HAVE TO FOR NUMEROUS REASONS.
18.It will be essential to maintain cooperation with the other 27 member states on defence, foreign policy, security and the fight against terrorism after the UK has left the EU. This is clearly in the UK’s and EU-27’s mutual interests to do so and the negotiations should ensure that it happens. (Paragraph 99)
Staying in Europe with Defence.
Negotiating the future relationship
22.The Government will undoubtedly be undertaking economic assessments of the different options for market access and trade looking both at risks and opportunities. In the interests of transparency, these should be published alongside the Government’s plan in so far as it does not compromise the Government’s negotiating hand. The UK Government’s negotiating plan should outline its position in relation to membership of the Single Market and the Customs Union. (Paragraph 123)
White paper should include whether we are in or out of the Single Market and Customs Union (In other words, what May has said is NOT clear, despite however many times she tries to say it is, and she is not being transparent).
23.A return to tariffs and other regulatory and bureaucratic impediments to trade would not be in the interests of UK businesses and therefore the Government should strive to ensure that this does not happen. (Paragraph 136)
Is that virtually saying that leaving the Single market and customs union would be a disaster?!
25.Given the importance of the financial services industry to the UK economy in terms of jobs and tax revenues, the Government should seek to ensure continued access to EU markets in financial services for UK providers whether by way of a continuation of passporting or mutual recognition of regulatory equivalence or some other means. What will be important is that the industry has confidence that any new arrangements will enable them to carry on doing business. Both the UK and the EU-27 benefit from the presence in London of a world class financial services hub and ensuring that there is minimal disruption to services from Brexit will be important for broader European financial stability. (Paragraph 143)
Protect the city.
27.The Secretary of State has said that he wants to secure the best possible access for goods and services to the European market. The Prime Minister has made it clear that she places a top priority on controlling the UK’s borders and extricating the UK from the jurisdiction of the European Court of Justice. The pronouncements of the EU’s chief negotiators on the indivisibility of the four freedoms seem to indicate that achieving all these objectives will be difficult. (Paragraph 162)
An admission that can not have our cake and eat it... ?
28.A “cliff edge” change in circumstances could be extremely disruptive in some sectors to businesses both in the UK and in the EU 27, whether it be the need to adjust to new provisions for regulatory approval, new customs requirements, or the need to adjust to new costs or restrictions in employing EU workers. The risk of a cliff edge – ie the absence of transitional arrangements – might also push some businesses to pre-empt the result of negotiations and minimise the risks to their business. For some, this could involve re-locating out of the UK or investing elsewhere in future. A period of transition, or adjustment, is a factor in most trade agreements. The Government must make clear from the outset that a period of adjustment to any change in trading arrangements or access to EU markets for UK service industries will be sought as part of the negotiations. (Paragraph 163)
Transition Deal. Transition Deal. We MUST have a transition deal.
31.Although the Constitutional Reform and Governance Act 2010 provides the House of Commons with powers to withhold ratification of Treaties, this is not a satisfactory way of dealing with such an important Treaty. We therefore call on the Government to make it clear now that Parliament will have a vote on the Treaty and that the timetable for this vote will allow for proper consideration of any deal that is negotiated. (Paragraph 168)
Parliament should vote on the deal, even if it legally does not have to be consulted. That's one in the eye for May personally who has suggested otherwise.
All in all, report is reasonable and fair and right. Its difficult to argue with unless your name is Nigel, Paul or Arron.
If May does not listen to its recommendations, then there is a going to be one almighty kick off.
I'm pretty satisfied with its comments so far. Well done Mr Benn. Good Work.