This article is more than 2 years old

This article is more than 2 years old

David Davis has clashed publicly with Jacob Rees-Mogg over plans for Britain to accept European court of justice jurisdiction during a Brexit transition.

The Conservative backbencher, who was recently appointed to chair the well-coordinated European Research Group of pro-Brexit Tory MPs, suggested to the Brexit secretary that Britain would be a “vassal state” during the transition period.

Appearing before MPs on the Brexit select committee, Davis was repeatedly challenged by Rees-Mogg.

Twelve awkward moments from David Davis's Brexit committee appearance Read more

“If on 30 March 2019, the UK is subject to the jurisdiction of the ECJ, takes new rules related to the single market and is paying into the European budget, are we not a vassal state?” he asked.

Davis replied: “If that were going to be the case in perpetuity, my answer would probably be yes, but the answer for a short time, no”.

Rees-Mogg said: “It’s hard to think of any precedent in the world where an independent nation has taken the judgments of a foreign court as its superior and immediate law without having any judge on that court.”

Asked whether ECJ jurisdiction remained a “red line” for the government, Davis said he personally had never used the phrase, and any company director who entered into negotiations publicly setting out red lines would be an “idiot”.

The testy exchange reflects increasing frustration among rightwing Tory backbenchers at how negotiations have been handled.

When Davis said it was unlikely any new laws would be implemented by the EU during the transition period, expected to be about two years, Rees-Mogg said: “Isn’t that a rather weak answer?”

Davis said: “We’re going from one state to another; you can call it what you like, but I don’t think it’s a vassal state.”

Parliament has been promised a vote on the withdrawal deal, and Rees-Mogg’s open scepticism raised the question of whether Theresa May might struggle to secure her MPs’ backing.

At the hearing, Davis repeated his claim that the “substantive details” of Britain’s trade deal with the EU27 will be completed by March 2019, and insisted the government would not pay “danegeld” to secure access to the single market, a reference to the tax paid by some English kings to deter Viking raiders.

The EU27’s chief negotiator, Michel Barnier, has suggested negotiations on the final trade deal could take “several years”, continuing into the implementation period that will follow the UK’s departure.

But Davis said “all of the substance” of the deal covering the UK’s future relationship with the EU would be agreed before Brexit day in March 2019, as it would be “unwise” to let talks drag on into the transitional period. He said some “fine detail which I’m not worried about” could be ironed out at a later date.

“Frankly, that’s the logic of the strategy. If you start an implementation period before you know the outcome, that’s not wholly useful to the bank that’s thinking about whether it transfers or not, or the pharmaceutical company that’s deciding what it does about its research, and so on,” Davis told the committee.

Asked whether the “deep and special partnership” the government seeks would require continued payments into the EU budget, Davis said: “I don’t think that will be necessary.

“We may well be involved in scientific research issues, for example where we make a contribution – Erasmus for example. Why? Because it’s in our interest. But I don’t see us paying for access.”

The shadow Brexit secretary, Keir Starmer, said afterwards: “The bickering between David Davis and Jacob Rees-Mogg is the starkest evidence yet that a transitional deal is far from secure under this government.

“The Tories are split right down middle on one of the most important questions facing the country. Thousands of jobs depend on securing strong transitional arrangements as soon as possible.”