PARLIAMENTARY DEBATE
Compliance with the European Union (Withdrawal) (No. 2) Act 2019 - 26 September 2019 (Commons/Commons Chamber)
Debate Detail
Turning to this important urgent question, the Government will obey the law. That has always been the case. The House has heard that from the Prime Minister; it has heard it from the First Secretary of State, my right hon. Friend the Foreign Secretary; it has heard it from the Lord Chancellor, who has constitutional responsibility for upholding the rule of law; and yesterday right hon. and hon. Members had the opportunity to put similar questions to the Attorney General.
The Government opposed the Act that was passed earlier this month. Notwithstanding our fervent attempts to resist the passage of the Bill, even its architects must accept that the Act makes provision for a potential range of outcomes, not one outcome. The outcome the Government want—the outcome this Government have always wanted—is a deal with the European Union. That deal can deliver the mandate of the British people. That deal is possible and is now within reach.
My right hon. Friend the Secretary of State for Exiting the European Union, along with the Prime Minister’s negotiating team, has been engaged in constructive negotiations. As the Prime Minister told this place yesterday, we were told that Brussels would never reopen the withdrawal agreement, but we are now discussing reopening the withdrawal agreement in detail. While I appreciate that some may seek to anticipate failure, to frustrate from the sidelines or to speculate for some type of sport, this Government will not indulge in defeatism.
I trust that the House, and the collective wisdom of hon. Members, will focus its energies today and beyond on the prospect of success in the negotiations and prepare to give any revised agreement its full and unfettered support.
Mr Speaker, thank you for granting this urgent question. The European Union (Withdrawal) (No. 2) Act was passed by the House and given Royal Assent by Her Majesty the Queen on Monday 9 September and brought in the names of my right hon. Friend the Member for Leeds Central (Hilary Benn) and the right hon. Member for North East Bedfordshire (Alistair Burt). That Act clearly says that the Prime Minister must seek an extension to article 50 to 31 January if the Prime Minister is unable to meet one of the two conditions of either having a withdrawal deal passed by this House, or having an affirmative vote by this House to back no deal.
The Minister said in his opening response that there was a range of options. That is the only range of options in that Bill—to pass a deal, to pass no deal, or subsequently to seek an extension. The Supreme Court decision this week and the statement in this House followed by questioning of the Prime Minister yesterday were a national embarrassment. Under any other political equilibrium, this Prime Minister would have seriously considered his position as Prime Minister, and potentially resigned from it. Many people have lost their jobs in government for a fraction of what this Prime Minister has done over the last two weeks.
Yesterday, the Attorney General, at that Dispatch Box, during the urgent question tabled by my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry), said clearly, in answer to a question by my hon. Friend the Member for Grantham and Stamford (Nick Boles), that he would abide by the law of the EU (Withdrawal) (No. 2) Act 2019. He said that with uncharacteristic clarity when he said simply, “Yes” in response to that question. Last night, the hon. Members for North East Fife (Stephen Gethins) and for Paisley and Renfrewshire North (Gavin Newlands) and many others pressed the Prime Minister to make the same commitment. He did not give the same commitment in this House. And under questioning from myself, very late in the sitting last night, when I asked whether he would fully comply with the provisions of the Act, should he not get a deal through this House, or an affirmative vote for no deal, by 19 October, the Prime Minister answered with one word: he answered, “No.”
I have tabled this urgent question, first, to seek clarity; and secondly, to ask the Minister, in all good faith, to tell us, which he has not done yet, what the Prime Minister meant when he said “No,” because frankly, and with reference to my earlier remarks about respect across this House, I am sure that there are very few people in this House, and very few people in this country, given the events of the last few weeks, who trust the words of the Prime Minister, even when said from that Dispatch Box. The Prime Minister used—[Interruption.] The Prime Minister used, in a direct answer to my question, the word “no,” so I have several questions to ask the Minister, and with this new level of respect I hope he is able to answer them directly.
What does the Prime Minister intend to do if he does not get a deal through this House by 19 October or an affirmative vote for no deal? That is question No. 1.
The hon. Gentleman talks of equilibrium. Well, in a normal equilibrium we would be having a general election, and we would ask the public to decide. That would bring back the equilibrium.
The hon. Gentleman needs to appreciate that the Prime Minister, the Government, and I, as a Minister in the Department for Exiting the European Union, will obey the law, and we will obey the law at every stage and turn of this process.
It is true that the terms of the letter that the Prime Minister must write were set out in a schedule, as was the duty to accept the extension that the EU agrees. Those were not in the previous version of the Act, which was passed in April, because there was a consensus that the then Prime Minister would comply with the law, understood the rule of law and could be trusted, and it was therefore not necessary to put them in the Act. They are in the Act now because, I am afraid to say—and this is a low point in our history—across the House those assumptions no longer hold, and the answers given by the Prime Minister last night, and his behaviour, make that less likely.
If the Prime Minister genuinely wanted to get a deal through the House, he would not have divided the House in the way that he did yesterday. That is not the behaviour of a man who is trying to unite the House so that it can come together around a deal. The role of the Prime Minister is to unite the country. This Prime Minister is whipping up division, and I have not seen that from any Prime Minister in my lifetime.
There is a very simple, non-hypothetical question, and a precise question. If a deal has not been passed by the House by 19 October and there has been no agreement in the House to no deal, will the Prime Minister comply with the law by asking for the extension, given that that is what the Act requires? Let me make clear that if he does not do so, this will be enforced in the courts, and we will take collective action in the House to do whatever is necessary to make him comply with the law.
The right hon. and learned Gentleman asked me specific questions about 19 October. The Government will obey the law on 18, 19 and 20 October, and will always do so.
It appears that that was one of my more popular answers.
I commend the hon. Member for Edinburgh South (Ian Murray) for asking the urgent question. The identity of the Minister who has been sent to answer it—I say this with respect to the relative juniority of the Minister—and the fact that the Prime Minister has not come to answer it, perhaps tell us more than the answer itself. I make this offer from the SNP to those on the Government Benches, and I hope they will take it back to the Prime Minister: if he brings back an extension that takes no deal off the table, he can have his general election. However, the Minister might also want to advise the Prime Minister that he should be careful what he wishes for, because his wish might just be granted.
What an extraordinary position we are in, when we have to ask questions in Parliament about whether the Prime Minister will obey the law of the land. Yesterday, he was asked whether, in a specific set of circumstances in which the law required him to take precise action, he would do what the law required. I heard him say no. This is an extraordinary state of affairs. We have not yet had a satisfactory answer on how the Prime Minister thought that that single one-word answer, no, was not an assurance that he would defy the law. He does not want to extend, but if the law says to him “thou shalt extend,” will the Minister confirm that the Prime Minister will obey the law of the land? Will he also confirm that a Prime Minister who shilly-shallies in any way over obeying the law of the land is not fit to be Prime Minister?
“if he does not get a deal or a no deal through this House by 19 October”—
those are the two conditions to meet that mean that he would not have to write the letter—
“will he seek an extension to 31 January from the European Union?
The Prime Minister: No.”—[Official Report, 25 September 2019; Vol. 664, c. 821.]
How on earth can what the Minister has said, in good faith—and I have great respect for him—possibly be reconciled with what the Prime Minister said to the House of Commons last night?
The Prime Minister does not want an extension. Every sinew of Government is focused on a deal. [Interruption.] Hon. Members say that that is not the case, but my day is filled with trying to find a deal. That is the right thing for the country, the right thing for Parliament and it is the right thing to do, and we will obey the law at every single point.
My hon. Friend the Minister’s insistence that the Government will comply with the law and his repetition of that sounds as if he is dodging something. That is the problem. I am a simple soul, so I ask my hon. Friend: under what circumstances will the Prime Minister seek an extension?
“So for the sixth and final time: if he does not get a deal or a no deal through this House by 19 October, will he seek an extension to 31 January from the European Union?”—[Official Report, 25 September 2019; Vol. 664, c. 821.]
And the Prime Minister replied, “No.”
Again, I ask the Minister to explain how his assurance this morning that the law will be obeyed sits with the Prime Minister’s direct denial last night that the law will be obeyed.
In an alliance, trust is essential. It used to be that when people talked to the British, we could say, “My word is my bond.” People no longer have that trust. I understand the Minister’s expertise, particularly in relation to Africa, but is he aware of the damage done internationally to our reputation when we hear of a Government trying to wriggle their way out of a binding legislative decision by this House of Commons?
There is an international danger to our reputation. I saw as my NATO colleagues watched on their iPads—they all speak English—the responses from across the British press. They watch this House daily. They no longer have the level of respect and regard for this House that used to be felt. May I urge the Government to rebuild that respect, because the dangers and the risks to this country are huge?
The Minister and I are both successors of the late Teddy Taylor. When Teddy was a Glasgow MP, he was known as the Tenement Tory who talked straight. Let me invite the Minister to find his inner Teddy this morning. Are there circumstances in which the Prime Minister will write to Brussels as outlined in the Benn Act?
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