UK-EU Relations Committee Select Committees


UK-EU Relations Committee

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Good afternoon. It is a pleasure to have you here. I will ask the first

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question. First of all, welcome to your new job. You bring extensive

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experience from the Foreign Office, but you have the challenge of coming

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not only at a time of turbulence, but also only a few weeks before

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your experienced deputy left for a new post. What have you been your

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priorities in the last few months and the circumstances?

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Pleased to be here, and of course, as you say, a huge privilege. It is

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an honour for me to return for the fourth time. My priorities, you

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allude to staffing. One important thing has been to make sure we have

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our top team in place, and you will have seen that we have made two

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appointments to complete our top team in recent weeks. We have

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brought in Katrina Williams as the new DVR, and Simon case as DTE for

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future relations with the EU and UK. That has been a priority for me, but

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the priorities have been twofold. One has been a lot of ongoing

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business which we need to continue to play our full part in, and that

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has been taking up a lot of my time, as it quite rightly should, or

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instructions from the minister and others, and also establishing

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relationships around town, talking to people in the context of the

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article 15 negotiations, which are imminent.

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Rules taking care and attention of the continuing day to day business

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and taking sure we are fully aligned for the negotiations. Are you having

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the difficulties in experiencing difficulties negotiations with the

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other member states throughout at the moment? Are they responsive? Are

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they negative? What is your sense of the direction from the other member

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states? I do not know if it is an ad vantage, -- advantage, and all

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surprised to I'm fully engaged in the debates and to be honest, the

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overwhelming sentiment is the position as we see it is that until

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we leave the EU, we play our full part and we have the obligations and

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rights of a member state and continue to exercise those. And how

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do you see it? We will continue to be for members and have our rights

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and obligations and fulfil those until we leave. It is a hugely

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important resource for us. Are you finding the atmosphere that you

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encounter when you meet them, either individually or collectively, is

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reasonable? I think in the immediate wake of the to vote, there was a

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sense of shock and it was clear that a lot of my counterparts had not

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expected the result of that referendum were concerned. That's

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changed and the atmosphere is now extremely cordial and businesslike

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and the longer I am here the longer I can build relationships of my

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counterparts. Interesting. Kate Green, no, sorry, Alan Brown first.

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There have been other levels... Assertive is better placed and this,

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but in the nature of things, there will be moves the Government

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departments. As far as I've seen it, I've seen people coming and going

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and I don't feel that this is unprecedented in terms of levels. We

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staffed over 120 people and fully engaged all the committees and we

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just completed the top team. Can you clarify how may people have left the

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civil service? No. In what space of time? Since we moved into this

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period following the vote. How many people have left? I'm not in a

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position to answer that question today. I haven't got the

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information. How many people are transferred at the departments?

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Again, it is in the age of the civil service that officials will move

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departments and there have been a number of movements in and out. I

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have another figures. -- I have not got the start.

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Clearly one would not wish her not to accept that sort of promotion. I

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think this committee has already interviewed him and no doubt has

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come to its own conclusions. I suppose what lies behind the

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question is whether or not there has been any sense amongst those who've

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been there over the last few years that they did not like the fact

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there was a vote on the 23rd of June and as a result of that, they've

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decided that they wanted to move on and do something else. I can

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honestly say it is not something I detected in all my dealings with

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officials there. It's not my impression either. It's a highly

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motivated team who are committed to carrying out the business of the

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Government. Thank you very much. Minister, where does the Department

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have a role and whether the Foreign Office lead? The role is to support

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the Prime Minister in the forthcoming negotiations. It is also

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effectively taking over the function of the FCO with relations with the

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European Union and in full all the functions previously fourfold.

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How do you divide your time and loyalty between departments? I've

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never found that to be a problem. I divide my time...

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Within the context of those councils I talk to my ministers and business

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across the board, but I work for HMV and it is my department at the

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moment, so it is cross Government. Thank you. I would like to ask

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another question about the name given to the Department. There is

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this question of whether there should be a special department for

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the European dimension after Brexit, in other words, whether we would

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assume that when Brexit actually takes place, that you then cease to

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have the same kind of relationship with Europe that we had before by a

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very long way. In those circumstances, is it within the

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Government's thinking at the moment that we might have a separate

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department to deal with the EU as we do in one sense, or that it will

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revert back to the Foreign Office? I have to say this is not a matter for

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my department. The Prime Minister will be responsible for the

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architecture of Government, just as she created this department, which

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by the way is the Department for exiting the European Union and not

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as a constituent wrote to me, congratulations on becoming a

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minister of department for the exciting European Union. I'd be

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overstepping the mark it all to speculate about the future

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architecture of Government. Kate Green? After Brexit we will still

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need to have a relationship with the EU. What is your vision for

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post-Brexit? How will the relationship be managed? After we've

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left, there will be a need for a strong British presence in Brussels.

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And therefore there may not be bad department, but I love a lot British

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representation. Do you envisage a larger team than its present at the

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moment? That is a matter for the future and much depends upon how the

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negotiations ultimately pan out and our continued relationship with the

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EU. I think that's right, and would be interested to know what you both

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think would be the core elements that might determine post-Brexit the

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decisions we will make about representation. What are the main

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element of that most likely to shape post-Brexit representation

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requirements? I think the issue of the degree of access we have so the

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single market may well be a factor that is influential in determining

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the size and shape of our representation at brussels. One can

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think of a whole host of conclusions to the negotiations that will have

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an effect upon the four-man summit of our representation. This is

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right. You can look at a variety of areas and there's the question of

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internal and external security relations and other operators. The

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truth around town as I've seen some of my colleagues, there are serious

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omissions from other countries. I would expect to see a considerable

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job still fought the UK in Brussels in terms of influence and in terms

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of the shape of the new relationship. The name could not

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possibly be accurate, because it will be another relationship for the

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UK. We would be less brothers and sisters are more cousins if I can

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put it that way. But does that not mean you will have to have a role

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which is commensurate with other countries such as the US or for that

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matter Russia, which have a lot of experience with and so on. In other

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words, we form a completely new relationship post-Brexit, and I mean

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at the end of the process altogether, but that we will be

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distinctly looking through the prism of our own national interest as an

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external operation and no longer part of the system itself? Yes,

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that's right. Whatever happens, the European Union will be an important

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trading partner of hours and we will have other interests in common. The

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level of representation will depend on negotiations and it will be a

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different relationship from the one we have now. We will be a third

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country after all the relationship reflect that. In terms of the

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devolved administrations, do you see a role for them in this new

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relationship? I certainly think the devolved

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administrations may well wish to continue to maintain a relationship

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in Brussels just as they do in various cities in the United States.

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Again, I think it depends very much on the outcome of negotiations and

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what sort of relationship we have with the continuing EU after we

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leave. We have the officers for our

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devolved ministrations of Brussels right now and they are part of our

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day-to-day business as colleagues and friends. So I expect that sort

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of relationship to continue. I'm not going to be future, because much

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will depend upon negotiations. We have had a focus on the UK's

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readiness for these negotiations, but of course, the EU and 27

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institutions also have to prepare. We've seen some difference of

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opinion about the representation of the European Parliament in the

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negotiations and there seems to be difference of opinion between the

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Council of the Parliament on that. That is next and that the EU has to

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get its House in order as well. How would you assess the readiness of

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the EU as a negotiating partner? It seems to me they have progressed

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substantially. They have established his own negotiating team. You are

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absolutely right, they are institutions of the EU will have

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various functions. I think it is a matter for them to decide how those

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functions actually interact one with another. I think it very helpful and

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important moment will be when the candle issues its guidelines after

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the preserve of Article 50 has been triggered. At that particular stage,

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we will be able to see how the choreography of the negotiations as

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far as the EU is concerned. Be as clear as the Minister has said that

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a lot of preparation has been done, people have known the timetable for

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Article 50, a spokesman for one of the institutions to date has

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underlined their readiness, the commission has its team readied the

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negotiation, because has a structure to support that in order other

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member states. The European parliament was just talking to MEPs

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who are ready to prepare the resolution which they were all adopt

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shortly after triggering Article 50 and the European Parliament has a

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greater concern at the end of the process according to be procedures.

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-- vote of consent. I don't think that is visible to us and it may

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still be discussed. If I could come back on one area where the EU does

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seem to be united as a rugby timetable and particularly this

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issue of whether it is possible to do the divorce deal and the feature

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framework deal before the spring of 2019. There seems to be a fairly

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unanimous view coming out of the EU Government and institutions and that

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is not going to be possible. Did you say a little bit more about the

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actual timetable? Both the initial timetable, where are we going, when

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will we first day back, be able to engage with the council, will it be

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after the French elections? And a broader point on whether it is

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possible to do both of the divorce and the feature framework within the

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two-year frame. In terms of timescale, I think it was EU

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indicated he wanted to see the entire negotiating concluded within

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18 months. To allow a six-month period at the end of two years

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prescribed by Article 50 four the necessary administrative and other

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measures that had to be put in place in order to complete it. I don't

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think he himself is so pessimistic as maybe some other people you have

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been talking to. Again, it depends very much on how negotiations pan

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out. My view is that Article 50 is quite clear, it talks about

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negotiating the terms of withdrawal against the framework of our

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continuing relation ship with the 27 and it is rather difficult to see

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how one can negotiate against the framework of that sort unless one

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talks about what the relationship is likely to be. We do believe that a

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twin track approach to the negotiation is a chat -- correct.

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That is what Article 50 seems to contemplate. In terms of timing

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again, we have a huge advantage in that we are already members of the

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European Union so in terms of standards, regularly requirements,

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we are ready in perfect alignment so that actually should have the effect

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of considerably reducing the time. But, again, we do need to wait for

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the negotiations to start and to see what is contemplated in the

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guidelines and then we will no doubt make our own representations. That

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means we framework, there's been a lot of speculation about this. The

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truth is no one has done this sort of negotiation, this negotiation

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before, the speculation is based on a different sort of negotiation but

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about countries which are not seeking to find a way to bridge

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gaps. On the first day after withdrawal, there will be

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convergence and therefore we are treating something different. We are

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going to get on with it and there is a timetable in which everyone has

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brought in two of two years and this is what we are going to do.

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I question that occurs is some people are saying that they already

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have a mandate but in relation to the preparation of these council

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guidelines which are going to be incredibly important in terms of our

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relationship mutually, are those guidelines themselves, numbers one

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to six, whatever they are, do they need to be decided by the council of

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ministers on qualified majority of those seen before before they are

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actually put together and published and then presented to the

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commission? Do you know the answer to that? No, I don't. The terms of

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Article 50 are somewhat vague on that. And I think it is a question

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of waiting to see how the council address that. Have you seen a draft?

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The place does leak like a sieve. I have not seen a draft. They will

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need to be prepared in accordance with what the UK right in the

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Article 50 letter. The expectation is they will put out draft

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guidelines pretty quickly. Those guidelines might be by unanimity

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that they will be commission mandates to follow. That is the sort

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of process we may well see. A similar theme to earlier and the

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comments about being an unprecedented situation. Can I ask

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both of you if you detect any willingness added EU level to

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consider special agreements? But is not something I have discussed and I

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think we have to make clear that we will be conducting these

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negotiations as the United Kingdom. This is a United Kingdom confidence,

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having said that, we will engage closely with the devolved

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administrations as indeed we have already and no doubt we will

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continue to do so throughout the course of the negotiations. So does

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not come up with any discussions with yourself. No. We have not

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trickled Article 50, the guidelines have not been issued. -- triggered.

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We must await the triggering of Article 50 and the issuing of

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guidelines. The milling with the EU mantra known negotiation before

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notification, Brussels within that. They are clear that they talk to me

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as a representative of the whole of the UK and it is my job to get the

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best deal all parts of the UK and all citizens of the UK. Would you

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ask the next question as well? Node negotiations but one thing I'm

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conscious is what the Government has said is Northern Ireland and

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Ireland, the travel area and they want a soft border as possible, and

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invisible border to be maintained. I'm just wondering, has there been

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any feedback from other member states? I think it is fair to say

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that everybody recognises the individual circumstances of Northern

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Ireland given that of course it will be the only line of the continuing

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member state. The other historical factors that come into play when one

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considers Northern Ireland. I think it is fair to say that I have a

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great deal of understanding from the ministers I've spoken to and again

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he himself as a commissioner, adviser in his own expense of

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Northern Ireland and he is also made statements himself that he fully

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understands the sensitivity of the Northern Ireland issue. It is the

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same extremes to me to be honest. If we move on then, in terms of

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relationship within the Council, the Government's expansionary tells us

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that the UK will remain a member of the EU and engage fully in

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negotiations until it exits. Even so, there were concerns that

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departments are not necessarily providing instructions on

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negotiations in good time and that was his concern. Is this still an

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issue? I can only repeat that we will be fully engage with EU

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business right up until the moment that we depart, we are full members

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of the EU, we make contributions and we will certainly added to our

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obligations but we will also insist upon the rights that we have. In

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terms of the enthusiasm in which we will continue engaging with the EU,

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I can only say that that will be undiminished. We will continue to

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engage just as we already have. Our departments providing instructions

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for negotiations in a timely manner? I can say with complete honesty that

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I don't like four instructions. We are fully engaged, I said to the

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committee, we have made sure we continue to do coordinating

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functions between ourselves and Whitehall Mitchell business is

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considered in the round and we continue to do so under the

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leadership. I cannot talk for Ivan's period, I not there. We have strong

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arrangements and DExEU has taken on some of the functions of the

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coordinating role. We are fully engaged on that and we are getting

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the instructions we require and we do require the instructions. In

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terms of what is happening right now moving forward, we have seen the EU

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27 quite often meet without the Prime Minister being in attendance.

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How is the UK actually making its voice heard effectively? It is quite

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understandable that as time passes and the closest we get to our

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departure that they continue in 27 will want to conduct their own

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business to the extent that it relates to our departure without the

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United Kingdom being present. I think that is not unreasonable, it

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is not something we would object to. So far as business is concerned that

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relate to the whole 20 1027 member unions, we have made it clear that

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we will insist on participating and I have no push back on that. I think

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that the other 27 that where they are discussing business that affects

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the concerns of the United Kingdom as part of the continuing European

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Union then we must be around the table. On that as well,, how are

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they negotiation within working groups? We are engaging robustly.

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That is what we are there to do and we are starting up early as

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expecting in working groups. The voices being heard. I think that

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takes us back as you rightly allude to the other's point that goes a lot

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of continuing business and we are paying full attention to that. We

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are not finding that we don't have the instructions and it is the

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centre part of my leadership that we will continue to do that. Is there

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any attempt to do grey -- negotiations? It seems there is a

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lot of plates spinning. That has not been reflected in the business I

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have been involved in so far. The nature of ongoing negotiations on

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existing business, do you or your officials identify any change in

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attitude given that we are negotiating with one eye on the door

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to leave when we are negotiating particularly in relation to matters

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that will not affect us all only affect us for a very brief period of

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time compared to negotiation when we were fairly committed to membership

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for the indefinite future? To be honest, my colleagues in my

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committee that I hear from working groups and the like is that people

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are continuing to fully engage with us. We have the voting rights, we

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have the obligations, we have the rights of other member states and

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that hasn't set as a direction whether it be from the EU

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institutions, member states of the presidency. We are fully part of the

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conversation. It doesn't feel artificial in any way to be in deep

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negotiation about something that has little bearing on us?

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To be honest, I have genuinely found in my committee that as we put our

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point of view forward, it it still takes into account... One of my

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colleagues came to the table after discussion and debate which I've led

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one side of and he said, business as usual. There is a lot of business

:32:47.:32:52.

and we still do it very seriously and that is what we are still there

:32:53.:32:57.

for as long as the forthcoming negotiations. Again, in the General

:32:58.:33:04.

affairs Council, it is business as usual. And to be fair to the other

:33:05.:33:11.

27, I never have any pushback, never any objection. We understand we will

:33:12.:33:20.

be engaged up to the moment. To go negotiations and trade-offs, I'm

:33:21.:33:28.

just wondering, within internal mechanisms, has there been

:33:29.:33:33.

departmental red lines thrown up where each department is saying,

:33:34.:33:41.

here is what I need to get from Brexit, has been collated in any

:33:42.:33:47.

way? No. The various dossiers are dealt with on their own merits and

:33:48.:33:56.

on the concerns of the UK and we are not designing our business to

:33:57.:34:01.

reflect the fact that we are leaving. It is business as usual, as

:34:02.:34:15.

Sir Tim said. We were always guided by the national interest. There may

:34:16.:34:23.

be a different way in which these things will impact on us in the

:34:24.:34:29.

future, but they matter to us and so we are going about our usual

:34:30.:34:33.

business. Of course everyone knows the context, but so far, in my

:34:34.:34:45.

experience, our voice is still heard and respected and we are part of the

:34:46.:34:51.

full discussion. Now to move on to the question of the manner in which

:34:52.:34:57.

we approach questions in relation to the moment when we have exited the

:34:58.:35:03.

EU. In relation to what you've just said, does our approach differ

:35:04.:35:10.

depending on whether or not a particular proposal is likely to be

:35:11.:35:15.

implemented after 2019, by which people we were not -- are expected

:35:16.:35:26.

to have left the EU? I'm trying to think of an example that might

:35:27.:35:29.

indicate that is the case, Sir William. I cannot. But it may well

:35:30.:35:35.

be that as time passes and as we get closer to the point of departure

:35:36.:35:39.

that that will more frequently be the case. Having said that, we have

:35:40.:35:46.

to recognise that we remain a full member of the EU and therefore our

:35:47.:35:51.

negotiating position must also reflect that fact until the moment

:35:52.:35:57.

we actually depart. I know that, but the same time, when you know you

:35:58.:36:00.

want not actually going be implementing something which is in

:36:01.:36:05.

the are going to have to adopt a different position. I mean, I just

:36:06.:36:12.

want to start with one simple point, when this bell stops, if it only

:36:13.:36:17.

would... Can you please ensure that every memorandum that is that the

:36:18.:36:24.

benefit of those watching, that every single proposal which comes up

:36:25.:36:34.

has to be put into an explanatory memorandum for the purposes of this

:36:35.:36:37.

committee to explain where the Government stands on the position as

:36:38.:36:41.

the proposal goes through. Can you ensure that every single explanatory

:36:42.:36:48.

memorandum does include a section on Brexit, so that we know exactly

:36:49.:36:51.

where the Government is coming from, which presumably we will be

:36:52.:36:56.

discussing with Sir Tim as well in terms of value position yourself. We

:36:57.:37:02.

believe that would not only help us as a committee, reporting to the

:37:03.:37:05.

House of commons, but it would also ensure that officials dealing with

:37:06.:37:09.

the dossiers in question would have to take account of their potential

:37:10.:37:13.

effects on the third countries, which is what we will be fairly

:37:14.:37:18.

soon. Can you tell me outright that you will ensure that that will

:37:19.:37:24.

happen, because it would be hopeless if in fact in our national interest

:37:25.:37:28.

it was clear that we were not going to take a position and we then found

:37:29.:37:35.

that had something going through the process of Parliamentary scrutiny

:37:36.:37:39.

based on false premises? -- based on false premise? That will become

:37:40.:37:45.

clearer when we get closer to departure. I will take it on board.

:37:46.:37:53.

Thank you. Relation to this national interest which we keep returning to,

:37:54.:38:00.

these explanatory memoranda are very informative and we take them into

:38:01.:38:05.

account and for that matter so do others elsewhere in the EU, because

:38:06.:38:11.

it is a matter of general knowledge. Can you tell us for sure, because

:38:12.:38:15.

I've mentioned this on a number of occasions, but I just want to tie

:38:16.:38:24.

this writes down. Last time you appeared before us, were talking

:38:25.:38:29.

about the ports regulation is a good example. This is manifestly not in

:38:30.:38:36.

the UK's interest and it was decide upon as a result of representations

:38:37.:38:41.

we made in this committee that the Government would state unequivocally

:38:42.:38:44.

that we are going to vote against this, in other words, consensus is

:38:45.:38:50.

no longer the order of the day and furthermore, that we would put down

:38:51.:38:55.

and note in the reasons that we would give, which were then minuted,

:38:56.:39:00.

so that people would know why it was that we object to a particular

:39:01.:39:05.

proposal. So are you going to make that into a fairly general rule,

:39:06.:39:10.

which is where the national interest is quite apparent and I see Sir Tim

:39:11.:39:14.

very carefully at this point, that she will not only vote against, but

:39:15.:39:19.

she will also record the fact that you've done so and make sure that

:39:20.:39:23.

that is minuted so the public at large will know where we are as we

:39:24.:39:32.

move from pipeline to Brexit? . Yes, the portal regulation was an example

:39:33.:39:37.

contrary to the national interest, whether or not we left the EU. But

:39:38.:39:41.

you are right, we voted against it and we stated the reason for doing

:39:42.:39:47.

so. I think again your suggestion is a sensible one. I think that if we

:39:48.:39:52.

do approach a particular measure, we should set out clearly our reasons

:39:53.:39:58.

for doing so. And on some dossiers, the Government have said that while

:39:59.:40:02.

it was against the proposals in principle, once it had realised it

:40:03.:40:06.

could not secure blocking a minority, it was better to negotiate

:40:07.:40:12.

the vote against. As that approached changed, too? The same principle

:40:13.:40:16.

seems to apply. The same principle does apply and it is more likely to

:40:17.:40:20.

apply, but closer we get to the departure. Richard Drax. The

:40:21.:40:34.

structure of the negotiating team an allegation of resources can be

:40:35.:40:37.

resolved as a matter of urgency. Minister, perhaps you could start.

:40:38.:40:41.

What progress has been made in this direction? The issue of our

:40:42.:40:47.

negotiating team will have two mirror whatever arrangements are put

:40:48.:40:50.

in place by the continuing European Union. Clearly, the Minister with

:40:51.:40:58.

overall responsibility for the negotiation will be the Prime

:40:59.:41:02.

Minister and she will be supported by the Secretary of State and again,

:41:03.:41:09.

this will be the whole of Government exercise, so depending on the

:41:10.:41:14.

various issues that we are discussing, departments from across

:41:15.:41:17.

Government will be engaged in the negotiation. In the negotiations

:41:18.:41:23.

themselves, bearing in mind that the British position is extremely clear,

:41:24.:41:30.

we want to leave the EU in every shape and form and become an

:41:31.:41:34.

independent country again, negotiating with people who do not

:41:35.:41:38.

want that, and are going to do everything they can to stop it, what

:41:39.:41:46.

is your view on the difficult and that negotiation is obvious, but in

:41:47.:41:51.

a sense that we going to have to compromise our very simple position,

:41:52.:41:55.

which is that we want to leave, and if we can't, will we fall back on

:41:56.:42:04.

World Trade Organisation rules? There's no room for negotiation,

:42:05.:42:09.

that's my point. Would you agree? Identikit is possible for our

:42:10.:42:13.

departure from the EU to be stopped. We have a right to leave it if we

:42:14.:42:17.

should go at the Article 50 process and as you probably know, we will be

:42:18.:42:20.

triggering that on the 29th of March. There is no means whereby any

:42:21.:42:32.

part of the EU, any institution in the EU can actually stop our

:42:33.:42:44.

departure. We want to secure the best possible deal for the United

:42:45.:42:48.

Kingdom and the sort of deal that we are seeking has been set out by the

:42:49.:42:52.

Prime Minister in her speech at Lancaster House on the 17th of

:42:53.:42:57.

January, which of course has been fleshed out by the white paper

:42:58.:43:03.

that... Which, by the way has been generally well received in the EU as

:43:04.:43:11.

to giving a great deal of clarity to our position. So we've set out

:43:12.:43:14.

already what we are seeking from our departure from the EU. There will be

:43:15.:43:21.

negotiations that will follow, but what is absolutely clear is that our

:43:22.:43:26.

departure cannot be stopped, because we have the right to leave. I don't

:43:27.:43:36.

meeting recently with a corporation and the representative said to me

:43:37.:43:46.

that they live the United Kingdom -- they love the United Kingdom. The

:43:47.:43:52.

more serious point was that I asked if she was speaking to business in a

:43:53.:43:56.

country that to maintain prosperity, wealth and jobs, which will be

:43:57.:43:57.

crucial for all of us, that the negotiating team... Maggie Pollard

:43:58.:44:18.

has already been engage various sectors of business in the UK. We've

:44:19.:44:28.

had to deal with various companies that are headquartered in the

:44:29.:44:32.

continuing EU. I think you are correct, the overwhelming impression

:44:33.:44:39.

I get is that businesses, wherever they are, want to continue to do

:44:40.:44:43.

business with us and why wouldn't they? It's in their interests and

:44:44.:44:49.

bills of their shareholders that they should be profitable and they

:44:50.:44:52.

would not want to cease all operations. That will be an

:44:53.:45:02.

important part of the negotiations to reflect the fight there is a

:45:03.:45:08.

stronger mutual interest in maintaining good business relations

:45:09.:45:15.

between the UK and the EU. We will be one of the biggest export markets

:45:16.:45:20.

for EU produced goods and services and we have different to remain that

:45:21.:45:29.

way. I agree that it's important, not just business as, the --

:45:30.:45:42.

businesses I think it's important that it's across the European Union

:45:43.:45:49.

and the UK and elsewhere. But also communities such as science and

:45:50.:45:58.

research. We need to talk about the shared interest we have in forging a

:45:59.:46:02.

new partnership with the UK outside of the EU. If I could just say, I

:46:03.:46:06.

think one of the advantages of having the commission as a

:46:07.:46:19.

negotiating partner in this, so there was have an important role in

:46:20.:46:31.

the negotiations. Whatever. Howard expects us to lead the negotiations?

:46:32.:46:39.

A lot will be done by them clearly. It depends on how the negotiations

:46:40.:46:47.

pan out. They will be operating the ministerial direction. I don't in

:46:48.:46:52.

the usual arrangements will be affected. On the question, who is

:46:53.:47:01.

going to be the Government Sherpa in the negotiations?

:47:02.:47:08.

Perhaps the Minister would like to answer. Or both of you. I think it

:47:09.:47:16.

is clear that both have an extremely important role in this process and

:47:17.:47:20.

I'm sure Tim will agree they will be working very much as a team.

:47:21.:47:24.

Absolutely right, we are already working as a team. He has the full

:47:25.:47:33.

role of Sherpa, I representative. There will be plenty of us to do

:47:34.:47:41.

together in this negotiation. The point is we and other officials will

:47:42.:47:45.

be acting under direct ministerial guidance for this negotiation. It

:47:46.:47:53.

has not escaped my notice to observe that a fact which was with very few

:47:54.:48:01.

exceptions, former civil servants and former secretaries of the

:48:02.:48:08.

Cabinet, I think to a man but there may be one who did not, all voted

:48:09.:48:17.

against the House of Commons on the amendments. Now, that strongly

:48:18.:48:21.

suggest to anybody who has eyes to see and ears to hear that there is a

:48:22.:48:29.

very powerful sense of Sir Humphrey in the civil service which quite

:48:30.:48:34.

clearly at the very highest level did not want the House of Commons

:48:35.:48:41.

effectively to be supreme in these matters until they have capitulated

:48:42.:48:44.

as a whole in the House of Lords. Can you give me a sense and I think

:48:45.:48:49.

I ought to direct this to the Minister that in the light of these

:48:50.:48:54.

protestations and I don't mean that cynically that the civil service is

:48:55.:48:57.

doing everything in its power to assist ministers under its

:48:58.:49:02.

instructions which is what they have to do as Crown servants, that that

:49:03.:49:07.

is embedded in the thinking of the civil service now and that the whole

:49:08.:49:11.

of these negotiations in new shape or form would be influenced or

:49:12.:49:23.

mitigated in terms of the decision to leave so we can be quite clear

:49:24.:49:29.

the civil service is 100% behind the Government and there will be no

:49:30.:49:35.

attempts whatever to get in the way? You know my background in the Brexit

:49:36.:49:43.

debate. I am sure that you will accept it when I tell you that I

:49:44.:49:49.

have never had any doubt whatsoever as to the loyalty of the civil

:49:50.:49:54.

service. Their complete willingness and determination to follow the

:49:55.:49:59.

instructions of ministers and to support ministers in this regard. I

:50:00.:50:04.

think that the British civil service is a huge asset to this country and

:50:05.:50:07.

I am really glad that we have got them on our side in these

:50:08.:50:12.

negotiations. That is the most encouraging answer, if I may say so.

:50:13.:50:23.

Good afternoon. Do you think the negotiation will be primarily

:50:24.:50:29.

political or primarily legal? I think there will be plenty of

:50:30.:50:31.

political discussion but there will be technical which I think is part

:50:32.:50:37.

what you meant by legal perhaps but a lot of it will be technical work.

:50:38.:50:41.

That is conventionally have these things are done, we have to get to

:50:42.:50:45.

levels of understanding which influences political decisions to

:50:46.:50:56.

take place. The legal part is interesting which was written by

:50:57.:51:03.

this committee's, legal adviser, who provided the encouraging legal

:51:04.:51:06.

opinion to say that it is matter of law we would not only the European

:51:07.:51:12.

Union any money. I just wondered whether that will be an important

:51:13.:51:16.

part of your opening negotiating strategy. That is why I want to know

:51:17.:51:22.

if your database on the legal principle or whether it is going to

:51:23.:51:31.

be a political, we are decent chaps. I think that report was certainly

:51:32.:51:36.

not unhelpful. I think what was quite clear from the report is that

:51:37.:51:41.

it is possible to have a range of views as to the legal position, but

:51:42.:51:47.

certainly as a starting but it is very helpful. There is no doubt

:51:48.:51:51.

however I've heard that there will be a big political element to the

:51:52.:51:58.

discussion and as the negotiations progress, it will be interesting to

:51:59.:52:04.

see how we balance actually develops between the political and technical

:52:05.:52:09.

or legal and where we ultimately land in negotiations. What are the

:52:10.:52:13.

count about saying about this if anything? -- counterparts. They have

:52:14.:52:21.

an interest in the legal opinions which have become forthcoming. There

:52:22.:52:28.

is plenty of discussion but I think most counterparts would agree there

:52:29.:52:35.

is legal and technical as part of this negotiation. I wonder if you

:52:36.:52:39.

might help clarify within the legal side and technical area back to the

:52:40.:52:43.

point they came up earlier between the twin track of bridge and they do

:52:44.:52:49.

not mind which to view answers this. Am I right in thinking that the

:52:50.:52:53.

great advantage of the twin track approach is that it is on the

:52:54.:52:57.

enhanced quality majority and can encompass anything in relation to

:52:58.:53:01.

the framework of the future relationship with the European

:53:02.:53:05.

Union? But that anything that is not within the Article 50 agreement may

:53:06.:53:12.

then be subject to different requirements and then with a train

:53:13.:53:16.

agreement may be required to have the anonymity? I think that there

:53:17.:53:26.

will probably more like to be relevant to the continued

:53:27.:53:34.

relationship. Again, I think it is a question of seeing how the

:53:35.:53:39.

negotiations develop. I think that there is no doubt that our terms of

:53:40.:53:47.

departure are far more realistic in terms of the likely outcome but

:53:48.:53:52.

clearly we want to continued relation with the EU and I think you

:53:53.:54:01.

are right, the issue of national parliaments and sub national

:54:02.:54:05.

parliaments will be irrelevant. The framework under Article 50 is

:54:06.:54:11.

covered under the same as 18 as the separation agreement, correct? So

:54:12.:54:15.

that would not bring in the national parliament? No, no, please. You will

:54:16.:54:25.

not be surprised to hear that there are varying legal opinions on this

:54:26.:54:30.

and one of the argument is the more that comes into either withdraw

:54:31.:54:37.

treaty regard to future continuing relation takes you into mixed

:54:38.:54:40.

agreement territory that there are brings in the different voting you

:54:41.:54:47.

discussed. Part of it depends upon content and where negotiations take

:54:48.:54:53.

us. I can see frustration. Can it be a mixed treaty if it is a treaty

:54:54.:55:01.

specifically provided for under the treaties on the European Union that

:55:02.:55:06.

provide for it to be a union of competence which I would suggest

:55:07.:55:10.

article $50? Or is this an argument that lawyers will have in the future

:55:11.:55:13.

where it is not quite clear at this stage? I think there is an argument

:55:14.:55:19.

for lawyers, the argument will be about how much of the future can

:55:20.:55:25.

come to withdraw. You can take a very legalistic view that because of

:55:26.:55:30.

the nature of the voting that actually not that much of the future

:55:31.:55:34.

could be brought into the treaty and therefore you need separate

:55:35.:55:36.

arrangements that will be mixed. If you bring more of the future into

:55:37.:55:41.

the withdraw treaty, does that make an mixed agreement and among

:55:42.:55:48.

different ratifications? That is in some the product of quite a lot of

:55:49.:55:51.

legal discussion I have had in the last weeks. Is it to some extent how

:55:52.:55:58.

you define a framework? It is within the Article 50, it might be beyond

:55:59.:56:06.

it. I think I will be doing the law is a disservice if I said it was a

:56:07.:56:13.

straightforward as that. -- lawyers. Could you give us the latest gossip?

:56:14.:56:20.

I imagine that you told your colleague over the weekend that the

:56:21.:56:25.

date for Article 50 being given was the 29th of March I'm very curious

:56:26.:56:30.

to know what the initial reaction was and what they might be looking

:56:31.:56:35.

at in terms of negotiating timetable from the sort of very early

:56:36.:56:43.

conversations in Brussels? I did not tell my colleagues. With regard to

:56:44.:56:51.

the date over the weekend. I had some conversations this morning as

:56:52.:56:55.

you will see from the releases and there was a welcome for the clarity

:56:56.:57:00.

of that date which fits full square in the commitment we have given the

:57:01.:57:08.

Prime Minister in the timetable. Insofar as that is gossip, that is

:57:09.:57:10.

the news from Brussels this morning. Thank you very much. Just ask them,

:57:11.:57:22.

the negotiations going forward, on the 20 47 new cycle, someone likes

:57:23.:57:28.

to tell someone something, can we get a commitment from yourself,

:57:29.:57:32.

Minister, that if it is to occur, that you will make a statement to

:57:33.:57:39.

the House of Commons are thoroughly examine negotiations going forward?

:57:40.:57:43.

I think it is impossible to give a blanket assurance. It depends very

:57:44.:57:47.

much on what we are talking about. It is easy to foresee and

:57:48.:57:50.

circumstances what a statement would be appropriate but I think to go

:57:51.:57:55.

into it in more detail at this moment is almost impossible. On this

:57:56.:58:02.

question of how much we owe as people put it, expressed by the

:58:03.:58:10.

House of Lords community but also by other people as well, essentially is

:58:11.:58:19.

it not just a legal question, it's also a political issue and there

:58:20.:58:25.

have been some extravagant statements, some would say, bring up

:58:26.:58:30.

as high as 60 billion as the money issue. Has anybody pointed out to

:58:31.:58:34.

them would you make sure that they do understand that we have been net

:58:35.:58:41.

contributors for many decades to the tune of what is now running at

:58:42.:58:46.

around nine or 10 billion a year, that are accumulated liabilities are

:58:47.:58:54.

offset by the extent to which we made these massive contributions?

:58:55.:59:00.

Perhaps also to bear in mind that back in 1953, there was nothing

:59:01.:59:05.

could be London debt agreement where Germany for all its malfeasance

:59:06.:59:09.

during the Second World War and its unprovoked aggression, found that in

:59:10.:59:17.

1953 in circumstances which were quite remarkable that we remitted

:59:18.:59:25.

one half of all German debt and that therefore if you compare that

:59:26.:59:30.

situation with what it is now, and giving Germany's extremely dominant

:59:31.:59:33.

role in the European Union at the moment, but it might be worth

:59:34.:59:39.

tactfully, not one of my strongest points, tactfully reminding people

:59:40.:59:44.

that there is a realistic position here in which we really do not owe

:59:45.:59:50.

anything to the European Union, whether it's legal or political. I

:59:51.:59:55.

am not entirely sure how tactful what can be when one is mentoring

:59:56.:00:01.

the London debt agreement. Nevertheless, clearly there are

:00:02.:00:07.

whole of issues will stop. I will probably prefer to Sir William.

:00:08.:00:20.

There are whole range that must emerge in the negotiations,

:00:21.:00:22.

certainly be House of Lords committee report was extremely

:00:23.:00:28.

helpful. I'm sure that it has not gone unnoticed in Brussels. And

:00:29.:00:31.

other European capitals for that matter. Thank you very much. We know

:00:32.:00:39.

that the Government intends to translate European law by a repeal

:00:40.:00:48.

Bill on the moment of Brexit and we have also understood that it is

:00:49.:00:52.

intended to secondary legislation predominantly of making EU law

:00:53.:01:00.

operable, major policy changes are needed, that will be done. It is

:01:01.:01:07.

then suggested that could amount to a legislation burden to this

:01:08.:01:11.

parliament, suggestions of between ten and 15 new bills. What is the

:01:12.:01:19.

Government's plan in relation to managing that legislation? You are

:01:20.:01:26.

right. There will be two elements. A secondary legislation and probably

:01:27.:01:31.

quite a lot of it. There were also certainly be the need for primary

:01:32.:01:37.

legislation, whether the figures that the Institute for Government

:01:38.:01:40.

have come up with are accurate or not, I cannot say with any certainty

:01:41.:01:43.

at the moment but there will be a lot of that. There was a very

:01:44.:01:50.

helpful report by the House of Lords Constitution committee recently

:01:51.:01:53.

which he very probably have read. Which I thought was a very helpful

:01:54.:01:59.

contribution to the debate and certainly the proposals in that

:02:00.:02:05.

report are being given careful consideration by the Government.

:02:06.:02:09.

Because you are right, management will be a challenging issue. I don't

:02:10.:02:14.

think anyone expect that our withdraw from the European Union

:02:15.:02:17.

after 44 years is going to be anything other than challenging.

:02:18.:02:27.

The Government fully intends to carry out its legislative programme

:02:28.:02:36.

as indicated in this manifesto. But again, I am under no illusions it is

:02:37.:02:42.

going to be challenging. Won I would agree. Over what period that the

:02:43.:02:48.

Government assess the legislation to affect EU law and policy

:02:49.:02:50.

consequences might need to take place? That depends on the progress

:02:51.:02:57.

of negotiations. Legislation will have to reflect what is agreed. But

:02:58.:03:06.

all I can say is before the end of this Parliament. Where currently our

:03:07.:03:16.

position is position by some reciprocal arrangement, or that fall

:03:17.:03:19.

away at the moment Brexit be replaced? Or we may be in a vacuum.

:03:20.:03:27.

I think ensuring the whole of the British statute works properly and

:03:28.:03:35.

that will be a priority it is hard to see how anything could be more of

:03:36.:03:41.

a priority. British law must work effectively at the moment of our

:03:42.:03:44.

departure and that is what we are aiming to do. There's going to be a

:03:45.:03:55.

pipeline problem. Have you set up the build teams? And how many? Yes,

:03:56.:04:04.

we have an active one within DexU, but there will be other departments

:04:05.:04:07.

need to put in place their own teams, because there is the digital

:04:08.:04:11.

Government indicated in its report, this will be departmental exercise

:04:12.:04:14.

and I'm sure those teams are in place... If you don't know, can you

:04:15.:04:27.

tell us? I can assist. On that point, can I ask this, you get

:04:28.:04:35.

through Article 50 and then get into the negotiations, but as we

:04:36.:04:38.

understand it, there will be a white paper soon. And in our white paper,

:04:39.:04:42.

there will be a number of guidelines as to the kind of procedures that

:04:43.:04:49.

will follow. In the Queen's speech, he said, so we hear, that there

:04:50.:04:53.

would be an announcement to the repeal bill. So one might expect

:04:54.:05:04.

that would be in May or early June. The question of dealing with the

:05:05.:05:11.

article 15 negotiations and the repeal Bill requires a break points,

:05:12.:05:17.

in other words, you have to have a completely separate procedure and

:05:18.:05:23.

have a boat which, as you know, I've prepared back in May last year and

:05:24.:05:27.

which seems to have been accepted by the Government as a matter of

:05:28.:05:31.

principle. No doubt Parliamentary Counsel had their own way going

:05:32.:05:36.

about it, but the object as we understand it is that it ought to be

:05:37.:05:40.

short and it ought to be clear and should deal with the position of the

:05:41.:05:47.

repeal and the withdrawal, but also the Henry VIII type clauses and I

:05:48.:05:53.

will be grateful if you could give some slight indication as to what

:05:54.:05:59.

the thinking is on that and also that completely separate from that,

:06:00.:06:02.

and I think there's some confusion in the public mind that the... But

:06:03.:06:12.

there is a kind of fuzziness in the boundaries. The fact is, there has

:06:13.:06:18.

to be a clear-cut point at which the Brexit takes place and only then

:06:19.:06:23.

that you bring in the bills to deal with immigration. Could you just

:06:24.:06:29.

look at that with us for a moment and give us an indication of where

:06:30.:06:33.

you see these break points taking place and the sequence of events?

:06:34.:06:42.

The Brexit bill, the great repeal Bill has got one primary objective,

:06:43.:06:49.

and that is to cease the operation to repeal the European Communities

:06:50.:06:56.

Act of 1972. That is its primary function. It also has to put in

:06:57.:07:02.

place arrangements, as you rightly say, by making provision for

:07:03.:07:07.

secondary legislation, whereby an cause distances in legislation that

:07:08.:07:12.

would otherwise arise are blocked and that means of course dealing

:07:13.:07:20.

with a wide range of legislation, where there may be references to EU

:07:21.:07:27.

institutions or whatever. Those will all be taking effect at the moment

:07:28.:07:33.

of our departure from the European Union at the conclusion of the two

:07:34.:07:38.

year process or earlier if terms can be agreed for our early departure.

:07:39.:07:45.

So that is the purpose of the repeal of the Limassol. Clearly policy

:07:46.:07:57.

changes will be affected by stand-alone legislation and, in

:07:58.:08:01.

other words, we don't anticipate policy will be addressed in the

:08:02.:08:04.

repeal Bill itself. The repeal of all itself well focused primarily on

:08:05.:08:12.

practicalities and that is why we heard from the institute of the

:08:13.:08:15.

Government today that there will be a larger number of bills to provide

:08:16.:08:22.

the primary legislative vehicle to take account of changes in policy

:08:23.:08:27.

that will also have to occur again at the moment of our departure.

:08:28.:08:32.

Whatever later period be agreed in the context of the negotiations.

:08:33.:08:37.

There's lots of talk about congestion, because we will have to

:08:38.:08:40.

deal with so many bills and people love it in their minds that there is

:08:41.:08:44.

going to be repeal Bill and a whole lot of the parallel of bills going

:08:45.:08:47.

on at the same time. Could you make it as clear as you possibly can in

:08:48.:08:53.

advance of the white paper is exactly what the liner will be? In

:08:54.:08:58.

other words, you get Article 50, have the negotiations, then the

:08:59.:09:03.

introduction of the great repeal bill based on the white paper and

:09:04.:09:07.

then, when all that is completed, you move -- move on to primary

:09:08.:09:15.

legislation. Is the intention? Yes. Having said that, the white paper is

:09:16.:09:21.

itself will provide a great deal more clarity and that will be

:09:22.:09:29.

rubbish soon. What preparations are being made to make sure the UK order

:09:30.:09:34.

for the consequences if there was to be no deal at all? Does a lot of

:09:35.:09:40.

work going on to address all sorts of eventualities. It's possible that

:09:41.:09:51.

the negotiations will turn out to be impossible to conclude or there may

:09:52.:09:57.

well be a negotiated settlement whereby we leave on other terms.

:09:58.:10:05.

That is why my department has been carrying out a huge amount of work

:10:06.:10:09.

over the last seven or eight months engaging with over 50 separate

:10:10.:10:15.

sectors of the economy, many of which have got crosscutting issues

:10:16.:10:18.

that must be addressed to ensure we are in a position to plan for

:10:19.:10:23.

whatever eventualities may take place. I must say I do not

:10:24.:10:27.

anticipate we will believe you without a deal, because, as I've

:10:28.:10:31.

already indicated, it is manifestly in the interests not just of the UK,

:10:32.:10:37.

but of the continuing EU that there should be a sensible resolution of

:10:38.:10:49.

our withdrawal. Thank you both for coming, it has been interesting.

:10:50.:10:53.

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