PARLIAMENTARY DEBATE
UK’s Withdrawal from the European Union - 14 March 2019 (Commons/Commons Chamber)
Debate Detail
“Line 2, at beginning insert ‘for a period ending on 30 June 2019’”—
has been submitted, in the name of the hon. Member for Manchester Central (Lucy Powell), which I have selected; it will be distributed shortly. I have selected amendment (e), in the name of the Leader of the Opposition, and amendment (j)—J for Jemima—in the name of the hon. Member for Rhondda (Chris Bryant). If amendment (h) were to be agreed to, amendments (i) and (e) would fall. If amendment (i) were to be agreed to, amendment (e) would fall.
Mr Speaker, when you have given guidance on how you select amendments—we accept that the final decision is yours; you are the referee—you have often said that you look at whether the House wants to decide a question, then you look at the number of colleagues who have signed an amendment, and then you look at the breadth. Amendment (b) has the support of 127 Members, that support is cross-party and the House clearly wants to decide on it. May I therefore ask for clarification?
You made a decision, Sir, and we must abide by it. But you have selected amendment (h), to
“leave out from ‘House’ to end and add ‘instructs the Prime Minister to request an extension to the Article 50 period at the European Council in March 2019 sufficient for the purposes of legislating for and conducting a public vote’.”
We thought that our amendment was even clearer, but in effect amendment (h) does represent a vote in this House this evening, in principle, on whether or not to have a second referendum. Is that interpretation correct?
I hope that the right hon. Gentleman, who is an extremely experienced Member of the House, and whom I greatly respect, will understand when I say that Members do have to take the rough with the smooth. He was much exercised yesterday about the prospect of an amendment dear to him being able to be voted upon by the House. I selected that amendment, and although there was scope for different interpretations as to whether it conflicted and was incompatible with the verdict on an earlier amendment, I exercised my discretion and allowed it to be put to the House so that the House’s will could be tested. That brought a smile to the face of the right hon. Gentleman. Today he is disappointed that the amendment that he supports has not been chosen.
The right hon. Gentleman is perfectly right to say that numbers are a factor, and he simply repeats what is a matter of fact: the range of parties from which the amendment’s signatories are drawn. The Chair has to make a judgment on a variety of criteria. Numbers are not the only factor; breadth of support is a factor. This place works on the assumption that the Chair does his or her best to facilitate debate and allow the House to speak. I have tried to make a fair judgment, with a range of different points being canvassed and the opportunity for the House to decide upon them.
Finally, I say to the right hon. Gentleman—I do so with the utmost courtesy, as he has treated me in the same way—that, in respect of his last point, it is not for the Chair to seek to interpret what the purpose or effect of a particular amendment is. I am not, if I may put it this way, going to put a spin on the matter. The hon. Member for Totnes can speak to her amendment and others can make their own assessment. Ultimately, if those matters are put to a vote, the House will decide. I have done, I am doing and I will always do my best to be fair to the miscellany of different points of view represented in this House. I think that we should leave it there for now.
“in such a way as to bring out the salient points of criticism, to prevent repetition and overlapping….and where several amendments deal with the same point, to choose the more effective and the better drafted.”
I understand that your predecessor gave a memorandum to the Select Committee on Procedure in 1966-67 on how amendments were selected, and I wondered if it might be helpful if you were to update your advice so that in future we would be clearer as to how these decisions are made.
I have already explained the basis on which the Chair tries to make a judgment to facilitate the key issues being debated in the Chamber. The hon. Gentleman might not like my answer, but that is my honest answer, which I would defend to this House and indeed to the world. More widely I say to the hon. Gentleman, who is an extremely assiduous Member, that I am not sure the right hon. Member for Leeds Central (Hilary Benn), who is a great gentleman in this House, will take particularly kindly to his characterisation of amendment (i). I very much doubt that the right hon. Gentleman would accept that characterisation, so it is the hon. Gentleman’s opinion. If he is called to speak in the debate he will have an opportunity to express his opinion, and I hope that will satisfy him, at least for now.
Now, out of respect for the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office, I invite him to open the debate and to move the motion.
That this House:
(1) notes the resolutions of the House of 12 and 13 March, and accordingly agrees that the Government will seek to agree with the European Union an extension of the period specified in Article 50(3);
(2) agrees that, if the House has passed a resolution approving the negotiated withdrawal agreement and the framework for the future relationship for the purposes of section 13(1)(b) of the European Union (Withdrawal) Act 2018 by 20 March 2019, then the Government will seek to agree with the European Union a one-off extension of the period specified in Article 50(3) for a period ending on 30 June 2019 for the purpose of passing the necessary EU exit legislation; and
(3) notes that, if the House has not passed a resolution approving the negotiated withdrawal agreement and the framework for the future relationship for the purposes of section 13(1)(b) of the European Union (Withdrawal) Act 2018 by 20 March 2019, then it is highly likely that the European Council at its meeting the following day would require a clear purpose for any extension, not least to determine its length, and that any extension beyond 30 June 2019 would require the United Kingdom to hold European Parliament elections in May 2019.
This motion arises because last night this House voted to reject the UK leaving the EU without a deal. So, in line with the commitment made by my right hon. Friend the Prime Minister, and in line then with the motion that this House subsequently passed last Thursday, the House today must consider the issue of extending article 50.
I should be clear that seeking an extension to article 50 is not something that the Government ever wanted to have to do. We believe that we negotiated a good deal for this country, and one that also respected the result of the referendum and would have allowed the United Kingdom to leave the European Union on 29 March this year. By rejecting that deal, the decisions of the House have brought us to this point today. It is important for all Members, from whichever political party they come, to acknowledge that the path ahead and the choices that confront us as a House are far from straightforward. We need to decide how long an extension to propose and we need to put that proposal to the European Council before it meets next week, in order to seek agreement from the 27 member states.
As my right hon. Friend the Prime Minister said to the House last night, this situation means facing up to some difficult choices. In particular, it means understanding the interaction of the article 50 process with the European Parliament elections that are scheduled for May this year, which is why this morning the Government published a short factual document that explains the parameters of any extension, and why the motion tabled for today’s debate is a stark one—basically, we have two options before us.
“During my consultations ahead of”
the European Council to which the Minister just referred
“I will appeal to the EU27 to be open to a long extension if the UK finds it necessary to rethink its #Brexit strategy and build consensus around it.”
What is the Minister’s reaction to that? The SNP is clear that that long extension is definitely required.
“There is no need to rush. We must take our time and get it right.”
Did not people who voted leave absolutely understand that we would take our time to get it right before we made any rash decisions?
As I said, the motion that the Government have tabled for today’s debate is a start. We basically have two options. First, if the House has approved a meaningful vote by 20 March and agreed a timetable for the EU withdrawal agreement Bill, we can expect the European Union to agree to a short technical extension to allow the necessary legislation to be carried through. If for whatever reason that proves not to be possible, we would be faced with the prospect of choosing only a long extension, during which the House would need to face up to the choices in front of it and the consequences of the decisions it has taken.
The Government recognise that the House would require time to consider the potential ways forward in such a scenario, so I can confirm today that in such a scenario the Government, having consulted the usual channels at that time, would facilitate a process in the two weeks after the March European Council to allow the House to seek a majority on the way forward. We should be clear about the consequences if that were to happen. If we are in the world of a longer extension so that this House can come to a decision, we will be required, as a condition, to hold European parliamentary elections in May. As the note on this issue published by the Government today sets out, we would need to begin to prepare for those elections in early April. In other words, we either deliver on the result of the referendum, giving people and businesses throughout the country the certainty that they are calling for, and move on as a nation, or we enter into a sustained period of uncertainty, during which time the Government would work with this House to find a way through, but which I fear would do real damage to the public’s faith in politics and trust in our democracy.
“a second extension is not considered to be viable”.
Not considered to be viable by whom?
The second option is that we would face the prospect of having to seek a longer extension. As I said earlier, in such a scenario, where we would be going into the European Council without approval for the deal on the table, the Government’s commitment is that we would, in the two weeks following the European Council, consult through the usual channels with other parties and work to provide a process by which the House could form a majority on how to take things forward.
I want to put on the record—because I think this will help to clarify the nature of the choice for hon. Members on all sides of the debate—that article 50 of the European treaties does say, in terms, that the treaties “cease to apply” to the departing member state
“from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification”
of triggering article 50. In other words, it is the sooner of the conclusion and entering into force of the withdrawal agreement, and the two-year deadline. Logically it therefore follows that, were an extension of any length to be negotiated and agreed, it would always be possible for the House and the other place to bring about an earlier conclusion to that extension than the specified deadline by agreeing to a withdrawal agreement at that earlier date.
I hope that the factual document that the Government published this morning, coupled with the latest statement from the President of the European Council, Mr Tusk, will have convinced right hon. and hon. Members that the choice I have described is not one that has somehow been invented for political ends but rather one that this House must face up to and confront.
I want to take a moment to set out to the House the reasons why the choice is so binary. That means explaining in a bit of detail the interaction with the European Parliament elections. Those elections will take place across the EU on 23 to 26 May, and the new European Parliament will meet for the first time on 2 July. As the Father of the House said, it is a fundamental requirement under the EU treaties that EU citizens are represented in the European Parliament. That derives from article 9, which says,
“Every national of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship”,
and from paragraph 2 of article 10, which says:
“Citizens are directly represented at Union level in the European Parliament.”
The subsequent legislation that the European Union has passed is founded on those key principles set out in the treaties—the primary law that every member state of the European Union has to comply with and which has primacy over any domestic law to the contrary.
It flows from that that the new European Parliament would not be properly constituted if any member state did not have MEPs, and that for it to be improperly constituted would put all that Parliament’s actions, and the proper functioning of the EU’s institutions and its legislative process, at risk. There is no legal mechanism by which the UK could return MEPs to the new European Parliament other than by participating in the elections. The upshot is that the longest extension that we could propose without holding the elections is until the end of June, and if we did that, it would not be possible to extend again, because, as I said in response to an earlier intervention, to do so without having elected MEPs would compromise the proper functioning of the EU’s institutions and its legal process. In the absence of a deal, seeking such a short and, critically, one-off extension would be downright reckless and completely at odds with the position that this House adopted only last night, making a no-deal scenario far more, rather than less, likely. Not only that, but from everything we have heard from the EU, both in public and in private, it is a proposal it would not accept.
Specifically on the European parliamentary elections, I wonder whether the Minister has seen the comments by Eleanor Sharpston, an advocate general of the European Court of Justice, who has said, in response to the arguments that he is making,
“This is an oversimplified and ultimately fallacious presentation of the situation”,
and sets out a range of ways in which this issue could be resolved, saying that
“if the political will…is there, a legal mechanism can be found”.
“Even in the case that the UK would not hold elections, the new European Parliament could validly be constituted.”
Does he disagree with that?
“bring forward the necessary legislation to change the exit date commensurate with that extension.”—[Official Report, 26 February 2019; Vol. 655, c. 167.]
Will that legislation be brought forward to the House next week, and if not when?
For reasons that I will come on to—if I ever get to address the amendment tabled by the right hon. Member for Leeds Central (Hilary Benn) and other hon. Members—this is far from uncomplicated, but I think I gave that commitment earlier in my speech.
“if the House votes for an extension, seek to agree that extension approved by the House with the EU and bring forward the necessary legislation to change the exit date commensurate with that extension.”—[Official Report, 26 February 2019; Vol. 655, c. 167.]
With respect to the right hon. Gentleman, it was not “or”, it was “and”. So it is both—seek a date with the approval of the EU, and bring forward the legislation.
We do not want to be in a situation where the only certainty would be more uncertainty, but if the House has not come together around a deal by Thursday next week, the only viable extension would be a long one. We would have to hold the European Parliament elections, and the Government would facilitate a process with the House to consider the potential ways forward to reach a majority. However, as my right hon. Friend the Prime Minister said last week, that delay would ensure that the only certainty would be greater uncertainty for businesses and for the constituents whom we represent. That is the choice that we face and the responsibility that we must now shoulder.
If I may, Mr Speaker, I will turn to the amendments that you have selected for debate.
If I may, I will turn first to amendment (h) in the name of the hon. Member for Totnes (Dr Wollaston). It requests an extension of article 50 for the defined purpose of holding another referendum on whether to remain in the European Union. I do not think it will come as a surprise to the hon. Lady if I say that the Government’s position is well rehearsed. I respect her persistence and that of others who have tabled similar amendments putting forward this proposition, but I do not believe another referendum offers the solution that we need. Rather, it would reopen the divisions established in the 2016 campaign, and would damage what is already a pretty fragile trust between the British public and Members of this House. Our obligation, first and foremost, is to honour the mandate given to us in that first vote, which was to leave the European Union, and that is why the Government are focused on honouring that mandate in a smooth, orderly way.
If I may, I will now turn to amendment (i) in the name of the Chair of the Exiting the European Union Committee, the right hon. Member for Leeds Central, and others. The amendment proposes a particular process to enable the House to find a way forward that commands majority support through an extension period. Paragraph 2 of the amendment would suspend Government control of the Order Paper on Wednesday 20 March to give priority to a cross-party business motion tabled by 25 Members from at least five different political parties. It seems that this motion would be used further to direct the business of the House on a future day or days to allow further debates on matters relating to EU exit.
The Government have previously set out to the House our case that this amendment or others similar to it seek to create and exploit mechanisms that would allow Parliament to usurp the proper role of the Executive. It would be unprecedented action, and it could have far-reaching and long-term implications for the way in which the United Kingdom is governed and for the balance of powers and responsibilities in our democratic institutions. I am sure that the majority of Members—whether they are hon. Friends who are supporting the current Government, or perhaps people who aspire to support and serve in a future Government of some political stripe or other—must recognise that fact. While I do not question the sincerity with which the amendment has been tabled, to seek to achieve that desired outcome through such means is, I think, a misguided and not a responsible course of action.
I think that is equally true of paragraph 3 of the right hon. Gentleman’s amendment. Frankly, it is an extraordinary requirement and, I suggest, an undemocratic one. It means that if 100 Members from the Conservative Benches moved a motion under the terms of the amendment, that motion could not be called. It means that if 100 Members from the Labour party Benches moved such a motion, that could not be called. It means that if 400 Members from both the Government and the principal Opposition Benches moved such a motion, it could not be called.
That paragraph would hand the power over whether a motion could be called—in effect, a power of veto—to the smallest parties in the House, if such a motion had their support. Let us assume that the right hon. Gentleman’s amendment was accepted by the House. That would mean that a motion brought forward under paragraph 3 of the amendment, if it had the support of Members from the Scottish National party, from Plaid Cymru, from the Liberal Democrats, the lone Member from the Green party and—if they constitute themselves a political party in time—from Members of the Independent Group, could be moved. However, if it had the support of every single Conservative, Labour and Democratic Unionist party Member, it could not be moved. I do not doubt the right hon. Gentleman’s sincerity, but I have to say to him that that strikes me as absurd in democratic terms.
“debate on that motion may continue until 7.00 pm at which time the Speaker shall put the questions necessary to dispose of proceedings on that motion including the questions on amendments selected by the Speaker which may then be moved”.
In other words, the motion provided for in paragraph 3 starts the debate, and any Member can move an amendment, which, if you select it, Mr Speaker, will be voted on at the end of the day. Therefore, the right hon. Gentleman’s argument that the views of others—of 300 Conservatives—would not be heard is not correct.
It is of course for you, Mr Speaker, to make a ruling on which amendments to select and which not to select, but as the right hon. Gentleman well knows, there are practices, traditions and precedents of the House—about, for example, the material of an amendment needing to be pertinent to the motion to which it has been tabled—so, flowing from his amendment, there would be a potentially very severe restriction on the rights of many hundreds of Members of this House to come forward and table motions that raise subjects they want to be debated.
“at least five Members elected to the House”—
elected to the House—
“as members of at least five different parties”.
It is carefully crafted to exclude the TIGgers, meaning that we will have tyranny by a minority, because either Plaid Cymru or the Greens will need to be included in such a motion. In other words, four Members of this House could hold the entire House to ransom.
For the reasons that I set out earlier at some length, I simply do not think that the European Council would think it plausible to agree a three-month extension to article 50 without much greater clarity about the process and outcome of that hypothetical scenario. As he says, my right hon. Friend has always supported the deal that the Prime Minister negotiated and is on the table, but he puts forward a scenario in which the House might agree on something that required significant changes to the current text of the agreement. We do not know that, but we could then face a considerable exercise at EU level, with textual amendments and the process of going through different EU institutions.
Finally, amendment (e) is tabled in the name of the Leader of the Opposition. It requests an extension of article 50, and for time to be provided for the House to find a majority for a different approach. On the first point, I am sure the official Opposition will be pleased to see that the motion under discussion concerns whether to extend article 50, so an amendment is hardly required on that point. As ever, however, the Opposition amendment is all about ruling things out, and never about proposing anything in their stead. I note that once again the Leader of the Opposition does not advocate a second referendum, and although that position accords with Government policy, I did not think it was also Labour policy. In truth, the right hon. Gentleman’s alternative Brexit plan—itself of questionable feasibility—was decisively rejected by 323 votes to 240 in the debate on 27 February, and I do not see the need to provide further time to discuss it.
In my opening remarks I said that seeking an extension to article 50 is not something that the Government ever wanted to do, but we have arrived at this point because that has been the will of this House. Now the House has to decide between the two courses of action that are realistically available. Either we approve a deal before the March European Council, legislating for it and ratifying it during a short technical extension until 30 June, or we fail in our duty to deliver on the result of the referendum and, if we are to comply with what the House voted for last night, we will be required to hold elections to the European Parliament, two months after the British people expected us to have left the EU, thereby prolonging the uncertainty that will do severe damage to this country. We face a stark and serious choice, and I commend the motion to the House.
Today, it seems that the lessons of yesterday have not been learnt. A simple motion today seeking a mandate from this House to ask for an extension of article 50 for a length and purpose to be negotiated with the EU would pass by a hefty majority, but again the Prime Minister risks splits, divisions and chaos by tabling a motion that wraps the question of whether there should be a third meaningful vote into what should be a simple question of extension. The idea of bringing back the deal for a third time without even the pretence that anything has changed—other than, of course, using up more time—is an act of desperation.
Mr Speaker, yesterday I was offered a £50 bet on the third meaningful vote by the right hon. Member for Rayleigh and Wickford (Mr Francois), which would go to Help for Heroes. I should have taken up that bet. Perhaps he and I should now both offer £50 to Help for Heroes, because, in all seriousness, it looks as though the Government are adopting the absurd and irresponsible approach of simply putting before us the same deal again a week later, but now not even pretending that anything has changed other than that another week has been used up.
Across the House, precisely what that model is and how we do it is secondary to the fact that we have to find a way to find a majority, otherwise the whole discussion about lengths of extension is an argument in a vacuum. If you do not know what you are doing then you do not know how long you need.
My right hon. and learned Friend will have heard the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office try to answer the right hon. Member for West Dorset (Sir Oliver Letwin) on facilitating discussions across the House. Did my right hon. and learned Friend, like me, expect the Government to come here this morning, following their defeats last night, to talk about how they can facilitate those discussions, rather than come up with technical points to defeat an amendment that is trying to achieve that aim?
I am not saying that that cannot be done, and I am not saying that it should not be done. It may have to be done, but—and this is a serious point for the Government —I think it would be better if the Prime Minister were to say today that she would in fact play her part in whatever the process needs to be to find a majority. I think that would be the first step forward. I said yesterday and I say it again: I actually think that should have happened two years ago, but that is as may be. Otherwise, we risk simply setting another clock ticking that then dictates in exactly the same way what happens—whether it is months or weeks, or however long it is. If we just do this all by a clock and without a purpose, we will not get anywhere.
The People’s Vote campaign—it is pretty clear where it stands—has issued a formal statement of its position, today, in response to amendment (h). It says that it has made it clear that it does not regard today as “the right time” to press the case for the public to be given a final say—[Interruption.] I am just answering the question—I am answering it fully and I want to do it properly. This is the People’s Vote campaign issuing a statement in response to this amendment:
“Instead, this is the time for parliament to declare it wants an extension of”
the “article 50” Brexit deadline
“so that, after two-and-a-half years of vexed negotiations, our political leaders can finally decide on what Brexit means.”
That is the official position of the People’s Vote campaign.
In addition, this will be the first time—[Interruption.] I am going to complete this answer. This will be the first time, I think, that I have quoted Alastair Campbell from the Dispatch Box. Whatever we could or could not say about Alastair Campbell, we cannot doubt where he stands on a people’s vote. He said today that it is:
“Wrong to press @peoplesvote_uk amendment…when the issue is”
essentially about “extension. I think” it is the
“wrong time and I fear the wrong reasons”—
[Interruption.] I am going to complete the answer. [Interruption.] I am going to complete the answer. Those pressing this amendment seem to be out of step with the vast majority of co-campaigners who are campaigning for exactly the same point. They may genuinely have a difference of opinion, but we will not be supporting amendment (h) tonight.
Let me ask my right hon. and learned Friend about a different issue. He has talked about the Cabinet, and about advice and discussions. Is he aware of reports that the Attorney General has been sharing new draft legal advice, allegedly with members of the European Research Group? It is not clear that it is being shared with the Cabinet or, indeed, Members of the House. Does my right hon. and learned Friend believe that such a situation would be legal, given that such people normally say that they do not share any draft legal advice, or does he believe that the advice should be made available to all of us in the House?
This debate is absolutely necessary, but it is not welcome. Applying for an extension of article 50 with 15 days to go is a hopeless end to two years of negotiation. The fault lies squarely at the Government’s door, not with civil servants and not with the House.
I touched on this point yesterday, but I want to repeat it, because it is extremely important. It is no good the Prime Minister and the Government blaming everyone but themselves for the position in which we find ourselves. To be in government is to govern, to lead, to think through what deal might secure majority support, to realise that consensus will be needed, to have a two-year strategy to ensure that that consensus is reached, and to understand that, given the deep divisions on the Government side, meaningful engagement with the Opposition from the start would have been better than blinkered intransigence. All that has been missing. I have lost track of the number of times I have complained that the Prime Minister and the Government have pushed Parliament to one side, and this week is the culmination of that failed strategy.
The question was, what is the Labour party trying to do? This is what we are trying to do, and we are not alone: our aim is clearly shared across the House. Given the current impasse—and there is no point in anyone pretending that it is not an impasse; once you have lost by 230 votes and 149 votes, you cannot pretend that you are not facing an impasse—we are asking the Government to say, “We realise that this is an impasse, and we will now find a way in which to establish what the majority view is, so that we can move forward.” But they will not do it, so what we are proposing—
What we are proposing is that we extend article 50 and, as soon as we can, identify a mechanism or process—and we should be open-minded about what it will be—that will enable us to find out what the majority in the House want, because otherwise we will not find that majority. We have repeated time and again the two proposals for which we have always argued, the proposals for a close economic relationship and a public vote, but we have to listen to Parliament.
Here we are, with 15 days to go, and the extension of article 50 is a necessity, not a choice. It is the only way in which we can try to prevent ourselves from leaving without a deal on 29 March, and that is what our amendment seeks to achieve.
It is important for us to identify a purpose, and the first purpose is to remove the 29 March cliff edge. We cannot simply vote against no deal, as we did last night, and then take no further action. I have said repeatedly that this should have been done weeks ago rather than being left to the last minute, and that the sooner it is done, the better. Parliament must act today, and instruct the Government to seek an extension of article 50. However, we do need to begin the debate about the wider issues. The extension should be as short as possible, but it needs to be long enough to achieve the agreed purpose.
I listened to the earlier exchanges about EU elections. Let me make it clear that the Labour party does not want to be involved in those elections. There are at least three different views, both here and in Brussels: I know that, because I have been discussing this issue in Brussels for six months. One view is that we cannot get past May without participating in the elections. Another is that we cannot get past June without doing so. Another is that it might be possible to add a protocol or agreement to the treaty that would allow a long extension without EU elections. All three opinions are circulating here and in Brussels, and lawyers are putting their names to them.
We must decide, as a House, what we are requesting extra time for. The Government must then go to Brussels and seek an extension for the agreed purpose, and engage in discussion and negotiation about how long it should be. The one thing that we should not do is just set the clock running and say that that will dictate everything that happens from here on.
Alarmingly, during his speech, the Chancellor of the Duchy of Lancaster did not answer when I asked him for confirmation that the express repeal of the 1972 Act under section 1 of the European Union (Withdrawal) Act 2018 would be continued. This includes the time and date of our leaving the European Union on 29 March 2019. This is the law of the land, which, despite any motions that might be passed, precludes not only an extension of time but the revocation of article 50. This is what the voters voted for in the referendum.
Moreover, the shadow Secretary of State for Exiting the European Union, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), in his exchanges with me last week, asserted that he wanted the repeal of the 1972 Act itself to be repealed. I would be grateful to hear whether he wishes to contradict that.
I have done my best over the past 30 years to be consistent and to address the principles that underlie the sovereignty of this Parliament in delivering the democratic wishes of the British people through parliamentary Government, and not through government by Parliament, as is being proposed by certain Members of this House in respect of giving priority to private Members’ Bills, despite the Standing Order No. 14 requirement that Government business takes precedence. I for one believe that this Parliament can deliver the referendum vote; ensure the constitutional integrity of the United Kingdom, including Northern Ireland; fully comply with the vote to leave following the European Union Referendum Act 2015, which was passed by a 6:1 majority in this House; comply in full with the European Union (Notification of Withdrawal) Act 2017, which so many Members who are now turning into rejoiners, let alone reversers, actually voted for; and comply in full with the European Union (Withdrawal) Act 2018, which received Royal Assent on 26 June last year and which itself includes the provision for exit day to be on 29 March. I say with great respect to my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) that, as I am sure he will recall, he voted for the Third Reading of the Act.
We have had substantial debates about the backstop and, of course, the most recent advice of the Attorney General. My European Scrutiny Committee has issued a critical report of the withdrawal agreement. It came out only last week and I urge the House to read it. We have asked for, but have not yet received, a draft of the withdrawal and implementation Bill, and I say that because that Bill, if passed, would enact the withdrawal agreement in our domestic law—the law of the land. I seek to make some proposals for what would be needed in any such Bill, as enacted, in order to satisfy the fundamental issues, bearing in mind that we have only a few days to go, and to ensure that we actually leave the European Union on 29 March. Given the timescale available for the withdrawal and implementation Bill to be enacted, we can assume that it will be rammed through with virtually no time to discuss proposals that could be made by way of amendments to it. There will be no proper debate. The law of the land relating to the withdrawal agreement will be rammed through this House.
What do I have in mind? First, we must protect Northern Ireland’s constitutional status in the United Kingdom. Discussions have continued since the Attorney General’s recent advice and will continue on matters relating both to the backstop and to issues arising in international law, including article 62 of the Vienna convention, that are being further analysed by distinguished lawyers. Such matters are important and remain unresolved. I was extremely glad to hear Arlene Foster confirm this morning that that was the current position, and when that further analysis becomes available, I trust that the Attorney General will take serious note of the points made by that panel of distinguished lawyers.
Secondly, the Prime Minister has assured me on the Floor of the House that the express repeal of the European Communities Act 1972 contained in the European Union (Withdrawal) Act 2018 would be restated in the withdrawal and implementation Bill, as enacted, including therefore the exit date of 29 March. In respect of any disapplication by the courts under article 4 of the withdrawal agreement, combined with sections 5 and 6 of the 2018 Act, the Bill would need to contain an express exclusion of the power of the courts to disapply the repeal of the 1972 Act and other related Acts. It is dangerous that, according to article 4 of the withdrawal agreement, we have been given an arrangement under the withdrawal and implementation Bill whereby the courts would be able to disapply enactments, even potentially including the 2018 Act itself or aspects of it. The repeal of the 1972 Act is the statutory anchor of the referendum vote.
There are also issues of international law with respect to the compliance of international obligations arising from the withdrawal agreement, which includes the fact in international law that the agreement, as yet unsigned even now, was negotiated in the certain and understood knowledge in the European Union that we had enacted the repeal of the 1972 Act, subject only to the question of exit day, which we are now considering. The repeal itself is paramount, and it also applies to the backstop and the constitutional status of Northern Ireland as an integral part of the United Kingdom. It is essential that the repeal is maintained within the framework of the constitutional integrity of the United Kingdom, as I have repeatedly stated with respect to the question of control over laws. To repeat what I said to the Prime Minister two days ago, she said at Lancaster House—this is a fact and it is law—that we will not have truly left the European Union if we are not in control of our own laws.
I now turn to the framework for our leaving the EU lawfully under the European Union (Withdrawal) Act. Subject only to the extension of time, this is the law of the land and it is how we assert our sovereign constitutional right not merely to reaffirm but to guarantee in law that we control our own laws in this Parliament as a sovereign nation, in line with the democratic wishes of the British electorate in general elections.
The European Communities Act itself was passed on the basis of the White Paper that preceded it. In that White Paper there was an unequivocal statement that we would retain a veto on matters affecting our vital national interests. Gradually over time, since 1973, there has been a continuing reduction, a whittling away, of that veto to virtual extinction.
Leaving the EU, however, in the context of article 4 of the withdrawal agreement raises this question again as an issue of fundamental importance. We are no longer living in the legal world of Factortame—that was when we were in the European Union. When we leave, the circumstances change. We simply cannot have laws passed and imposed upon us, against our vital national interests, by the Council of Ministers behind closed doors during the transition period, or at any time. That would be done by qualified majority voting or consensus and, as I said to the Chancellor of the Duchy of Lancaster in my first intervention in the previous debate, it would subjugate this Parliament for the first time in our entire history, as we would have left the European Union. It would therefore be a radical invasion of the powers and privileges of this House, which I believe would effectively be castrated during that period of time. We would be subjected to total humiliation.
I therefore regard it as axiomatic that, in the withdrawal agreement and implementation Bill, we must include a parliamentary veto over any such law within the entire range of European treaties and laws. As Chairman of the European Scrutiny Committee, I know that we currently have about 200 uncleared European provisions and, in my 34 years on the Committee, we have never once overturned a European law imposed on us through the Council of Ministers.
Just think about it. This House will accept laws by qualified majority vote without our being there and with no transcript. Where we were once in the EU, we will now have left. Leaving totally changes the basis on which we conduct our business. Under our Standing Orders, my Committee has the task, in respect of European Union documents, of evaluating what is of legal and political importance, and it has the right to refer matters to European Standing Committees or to the Floor of the House, particularly where the Government accept the latter.
We can impose a scrutiny reserve, which means that Ministers cannot, except in exceptional circumstances, agree to any proposed law passed in the Council of Ministers in defiance of our scrutiny reserve. However, that is not a veto. Once a matter has been debated, or once the scrutiny reserve has been removed, any such law becomes the law of the United Kingdom and is thereby imposed on our constituents.
When we leave the EU, the situation becomes radically different. I therefore propose—in line with the Prime Minister’s own suggestions as set out in a carefully crafted pamphlet published in 2007 by Politeia, a think-tank—that the European Scrutiny Committee should, upon our leaving the European Union, be able to make recommendations as to how and when our veto should be invoked, as justified by our national interest.
The alternative is that we will just have laws imposed upon us. That will include, for example—I invite the hon. Gentleman and the House to listen to this—matters relating to tax policy. There are now proposals on the table to change tax policy from national unanimity to majority vote. Defence and defence procurement are also included, as is state aid. The list is endless.
Contrary to some assertions that the EU law-making process takes so long that there would be no problem, the European Union is quite capable of accelerating its procedures, and I believe it would do so by putting us at the mercy of our competitors. One recent well-known example is ports regulation. We fought that in the European Standing Committee and, despite the fact that port employers and trade unions were against it, it went through. This would happen in respect of almost any proposed EU law within the vast swathe of competences in the entire corpus of the European treaties. If that happened, we would have no redress. We would not be able to veto it if we do not get a veto, and we would not be able to affect it properly under our current scrutiny arrangements. Furthermore, the British people would be the ones to suffer, and that would include people in Scotland, too. Do not get the idea that this is a free zone situation for Scotland. SNP Members will also be affected, and they had better start taking it seriously.
Having repealed the 1972 Act, we must not find ourselves in a customs union or single market, which are themselves within the framework of the Act, not only because our manifesto is the basis on which we were elected, but because leaving the EU includes the repeal of the Act. We must therefore also protect Northern Ireland within the constitutional framework of the UK, whose Parliament—some may find this surprising in the light of what we hear from other sources—includes Northern Ireland. It is represented here as a member of the UK and helps to pass the laws repealing the Act, including section 1 of the EU withdrawal Act.
In conclusion, I can say, without prejudice to any further discussions, that we might shortly be in a position not merely to check out of the Hotel California, but to take the bus to the airport and fly out of the EU altogether.
The Prime Minister lost a vote on her deal by the largest margin in parliamentary history, lost a second by a near historic margin, and lost a vote on taking no deal off the table, yet she tries to carry on as if nothing has happened. Apparently, we are to vote on her deal again next week. For her, nothing has changed. She does not want a second EU referendum, yet we are offered multiple votes on her deal. We are now on to the third—not the best of three, under her rules, because she only has to win once; we have to win every time to stop her Brexit madness. If she loses next week, do we get a fourth, fifth or even more meaningful votes, until Parliament does what she wants? She has to accept that she is out of time. She has to accept reality. Her deal is a bad deal; no deal is a calamity.
This week, the House of Lords placed an amendment in the Trade Bill to prevent a no-deal Brexit. That is a legislative instrument. The Government must now bring back the Trade Bill before 29 March. This is crucial, and I expect the Brexit Secretary to respond when he sums up. The Prime Minister cannot stifle the legislative process to meet her party political interests. She must accept the will of the House. So much for parliamentary democracy—she ignores what she calls the sovereignty of Parliament. Her actions underline that this truly is a constitutional crisis.
The only way out of this disaster is to put the decision on our EU membership back to the people. The people must take back control. We have an amendment before us on a people’s vote. It is not our amendment; it has come from others. I did not choose the timing, but the fact is, it is in front of us today. The House has its first opportunity—perhaps its only opportunity—to say, on the basis of what we know, on the basis of what has changed since the referendum in 2016, that the people of the United Kingdom deserve to have a people’s vote. We must all reflect on the reality that there is no such thing as a good Brexit. People will lose their jobs.
On a day like today, we expect the so-called official Opposition to get behind that amendment, but you know what’s happened? A shiver has run along the Front Bench of the Labour party looking for a spine to crawl up, but it has not found one. I will say this: the Labour party will pay a price. It is little wonder that in Scotland it has been found out for its behaviour over the past few years, having worked hand in glove with the Conservatives and Better Together to frustrate independence for Scotland. Today, we find again that it is not prepared to stand up with the young people throughout the United Kingdom who are going to lose their rights to work and travel in 28 EU member states.
I reflected a couple of days ago on how the Prime Minister sat and laughed as we talked about that, but then there is a man I have had some respect for, the Labour party Brexit spokesperson, and he has simply flunked this opportunity. The Labour party truly is a disgrace. It is little surprise that it has fallen to third place in Scottish politics. My goodness, it is going to stay there for a considerable time to come.
Parliament has repeatedly rejected the Prime Minister’s deal and leaving with no deal. Both those points must be respected. When we said no to her deal, we meant it. Only a fresh referendum can now unblock things. The UK Government must now extend article 50 and set in motion plans to hold a second EU referendum, with remain on the ballot paper. Staying in the European Union is the best deal of all. It is what Scotland voted for. It is the only way to protect jobs, living standards, our public services and the economy. Holding a second EU referendum is the best and most democratic way out of the impasse at Westminster. Westminster has failed, and the people must now have, and will have, their say.
The SNP tabled an amendment that would have got us out of this mess. Our amendment would have seen the Government move to agree an extension to article 50 with the European Union, to provide time to hold a second EU referendum. We know that the EU would consider an extension. Only this morning, Donald Tusk tweeted:
“I will appeal to the EU27 to be open to a long extension if the UK finds it necessary to rethink its Brexit strategy and build consensus around it.”
That is the way out for everyone in this Parliament. Our amendment would have ensured that any second EU referendum would include an option to remain in the European Union. That is what is required.
Members must recall the resolutions of the Scottish Parliament and the Welsh Assembly on 5 March 2019, which opposed the UK Government’s exit deal and agreed that a no-deal outcome to the current negotiations on EU withdrawal would be completely unacceptable. This House must wake up to that reality, and to the democratic votes of the institutions of the Scottish Parliament and the Welsh Assembly. Members must recognise that democracy means respecting the will of the people, but that means all the people. Scotland voted overwhelmingly to remain. On that point, I will give way.
We in the Scottish National party are not prepared to sit back and see ourselves dragged out of the European Union against our will. The people of Scotland are sovereign, and this House respected that sovereignty when it passed a resolution on the Claim of Right last July. If the hon. Member for Ayr, Carrick and Cumnock believes in democracy, he should reflect on the fact that in the Scottish Parliament there is a majority for a referendum on Scottish independence—it resolved by 69 votes to 59 to allow the Scottish Parliament to have a referendum. I say to all hon. Members that if the First Minister of Scotland, with the backing of the Scottish Parliament, does decide to give the people of Scotland that opportunity to secure our future as a European nation, I would expect this House to recognise democracy and the position of the Scottish people, and to recognise that an independence referendum should, must and will take place.
I accept the thrust of what the right hon. Member for East Devon (Sir Hugo Swire) has just said. Frankly, I think the criticism applies to Members on both sides; a certain tribalism is in danger of enveloping the House, but we must focus on the substance of the debate and there is not that long.
As I was saying, 62% of Scotland voted to remain; every single Scottish local authority area did so. So if the UK Government and indeed the Opposition believe Scotland is an equal partner, it is time that they showed respect for the will of the Scottish people. Scotland will not be taken out of the EU against its will.
Time and again the SNP and our Government in Edinburgh have sought to achieve compromise; we have suggested solution after solution to protect the interests of citizens in Scotland and across the UK. [Interruption.] That issue about lack of respect is amply shown here. [Interruption.] I can see the hon. Member for Berwickshire, Roxburgh and Selkirk (John Lamont) laughing away.
The Scottish Government issued a paper, “Scotland’s Place in Europe”, in December 2016 with contributions from a wide number of experts across the land, and the UK Government could not even be bothered to respond. That is lack of respect, which is demonstrated once again this afternoon by those on the Conservative Benches. I hope the people of Scotland reflect on that, because frankly those Members do themselves a great disservice. This Government would not listen. This Prime Minister and the Tory party care only about the interests of England. They talk about nationalists and separatists; the real separatists sit on the Conservative Benches.
The Prime Minister and the Tory party do not care about Scotland’s interests, and the truth is neither does the Leader of the Opposition: neither the Tories nor Labour give a toss about Scotland. Just look at the polls: earlier this week we saw Westminster voting intention for the SNP up 4%; for the Conservatives down 3%; and for Labour down 3%. Even so-called Scottish Tory MPs went through the Lobby last night to keep no deal on the table. They ignored the wishes of the Scottish people; they voted to leave with no deal on the table and the chaos that would ensue—they voted to put leave on the table with the prospect of shortage of medicines.
The Scottish Tories come with a health warning: they risk damaging the health of the people of Scotland. That is true after months and months of ignoring the voices of the people of Scotland and after years of showing nothing but contempt for our Government, our Parliament and our people. I urge MPs across this House, looking to the Scottish Tories and to the Scottish Labour MPs, to ask themselves: “Do you stand with Scotland? Will you stand up for Scotland’s national interests or will you instead stand up for your narrow party interests only?” I appeal to them: the time has come to put party aside. [Laughter.] People will be watching this and reading Hansard. What do we get? We get laughter from those on the Government Benches. That is what Scotland gets: not being taken seriously, but being laughed at, not so much as an afterthought.
The time has come to do what is right, what is necessary. Those Members are duty-bound to the people of Scotland to stand up for their interests, and should do that by standing with the SNP. What about the Secretary of State for Scotland, who abstained on an issue as critical as removing no-deal? He was standing on the sidelines as Scottish jobs are threatened. He ought to have resigned by now, but this really is the last straw. If he has any shred of dignity and possible remorse after having failed again to stand up for Scotland, he should do the right thing—he should resign. [Interruption.]
The way Scotland has been ignored throughout the Brexit process means that the case for independence is now stronger than it has ever been. I respect that our amendment has not been selected today, but had it been taken it would have been the best way to protect the will of the Scottish people, as it sought to stop Scotland being dragged out of the EU against our will. That can best be avoided by the people of Scotland exercising their sovereign right to choose their own constitutional future as a full, equal, sovereign, independent member state of the European Union. We did not ask for this Brexit crisis. The people of Scotland do not want this chaos. The damage and destruction caused to British politics has been the fault of Conservatives and Labour alone. Make no mistake: the United Kingdom is facing a constitutional crisis. Decades of neglect by consecutive Labour and Conservative Governments have seen our people let down, and have seen the economy grow weaker and smaller, with wages stagnating, communities divided and public services on their knees. This is broken Britain. The cracks appeared before Brexit, but Westminster has failed to fill them in. Now, Britain is shattering; divisions are deeper, politically and socially. This is not a Union that we want to be part of.
I look instead to our work in Scotland, and how devolution has developed our society and how our Scottish Government have built up our communities and broken down barriers. Our constituents get free education and free prescriptions; our children get the best start in life, regardless of their family circumstances; our society looks out to the world; and we welcome EU nationals to become part of our communities.
The choice is clear. Scotland is already a fairer, healthier, happier nation. We feel closely bound to our historic bonds with Europe. We in the SNP will fight to keep Scotland moving forward. We will not be dragged down by the narrowness of Westminster. We want to build an independent nation—a nation that welcomes everyone, that works for everyone and that believes opportunities should be for everyone. Brexit will not stop Scotland.
In June 2016, the people of the United Kingdom demonstrated our collective common sense and self-confidence by voting to take back control of our national destiny and to reassert our parliamentary sovereignty. The people’s vision expressed in the referendum result was that of a strong United Kingdom, holding its head high, free from the shackles of the European Union, while promoting international free trade as the key to future national prosperity and the best antidote to global poverty.
We should be expecting to leave the EU in 15 days and there should be an air of excitement about all this, but I detect a certain gloom, because today Parliament is being asked to endorse what is no less than an act of national humiliation—to renege on the decision it took two years ago triggering article 50 and to repeal or amend the Act it passed last year to leave the European Union on 29 March. By dishonouring the decision on article 50 and the result of the referendum, the Government motion before us is a gross betrayal.
As a member of the Exiting the European Union Committee, I have witnessed at first hand on our visits to Brussels the extent to which the Government are now a laughing stock. The most serious criticism of the UK is focused on our Prime Minister for signing up to a deal that she has subsequently disowned. They see that in Brussels as an act of bad faith, which is one reason why they have refused to make changes to the withdrawal agreement.
My amendment (g) is on the Order Paper. It has not been selected for debate, but had it been, it would have allowed the Government to seek to agree with the European Union an extension of the period specified in article 50(3) until 22 May, for the specific purpose of replacing the United Kingdom negotiating team. We need to replace our current team because it has gone back on so many of its promises to Parliament and to the people. The only way to regain self-respect is to have a fresh team of negotiators. I include among that team its head—none other than the Prime Minister.
Two years ago the House endorsed the Prime Minister’s negotiating approach as set out in the Lancaster House speech. The Prime Minister contemplated a scenario of the European Union imposing a punishment deal on us. That is why at the time she waxed eloquent about the benefits of no deal over a bad deal, which included delivering our freedom to negotiate trade deals and, ultimately, enabling us to set out our own economic model to deliver prosperity and growth.
The Prime Minister promised that the divorce settlement and the future relationship would be negotiated alongside each other, that nothing was agreed until everything was agreed, and, on the substance, that we would leave the single market, the customs union and the jurisdiction of the European Court of Justice. None of that is guaranteed in her deal. For all her protestations, the Prime Minister’s deal does not meet her own criteria, and her negotiations have sadly resulted in the punishment deal that she feared. Her insistence that her deal is a good deal is not accepted by the House; indeed, the House has overwhelmingly rejected it on two occasions. But instead of accepting the verdict of the House, she is stubbornly continuing to assert that her deal is a good deal, and now she is holding a pistol to our heads by threatening that we will lose Brexit altogether. It is intolerable that the Prime Minister is asking those of us who oppose her deal to tear up our manifesto commitments, and to break our word to our constituents and electors.
Obtaining a parliamentary majority for the Prime Minister’s deal is now beyond reach. It is pure fantasy to think otherwise. The Prime Minister’s deal does not even satisfy the requirement, for which the Prime Minister herself voted, of replacing the backstop. Nor does it provide a legal answer to the Attorney General’s concern that the Prime Minister’s deal would leave the UK with
“no internationally lawful means of exiting the Protocol’s arrangements, save by agreement.”
Who would want to sign up to that? It means that we would have less ability to leave the agreement than we have at the moment to leave the European Union. How can the Prime Minister think that we are seriously going to support that?
Our current negotiating team no longer enjoys the trust of Parliament, the European Union or even many members of the Government, as was graphically illustrated last night. The feeling on the Conservative Benches now is really strongly against the Prime Minister and her team. She has lost control, and at this most critical moment in our modern peacetime history, we need to change the general. If we were to change Prime Minister now, there would be a case for a short extension to article 50, but in no other circumstances.
Our country faces a crisis: we have rejected the Prime Minister’s deal twice; we have affirmed that we will not support leaving the European Union without an agreement in any circumstances; and it is now inevitable that the Government will apply for the extension to article 50. Amendment (i) seeks to do two things. The first is to set out the purpose for which an extension would be sought, and that is, very simply, to enable the House of Commons to find the way forward that can command majority support. That should not be contentious. Indeed, I am somewhat surprised that that was not included in the Government’s own motion. The second aim is to enable the House of Commons next Wednesday to discuss how we are going to organise that process.
It would be preferable if the Government, in response to recent defeats they have suffered, had come forward to propose their own specific plan, but they have not yet done so. I listened very carefully to what the Minister said about reaching out in the two weeks after the March Council, but he seemed to be saying that the Government would only do that if it were a long extension rather than a short extension. I do not understand, for the life of me, why it could not happen with a short extension, because the problem is not that the House does not want to try to find a way forward—I think we all understand the responsibility we have—it is that the House has never been given the chance to do so.
We all recognise, however, that whatever view we have about what should happen next—there is a multiplicity of views in the House, and every one of them should be listened to—we have to find a way of agreeing a plan that can command majority support. The Prime Minister is correct when she says that, in the end, the House must be in favour of something. There are a number of different ways in which that can be done, including holding a series of votes on different options—as the Brexit Committee, among others, has recommended, and I support that approach—but the amendment does not specify what the method should be. That would rest with the motion to which the amendment seeks to give priority next Wednesday—a motion that would need to win widespread support to appear on the Order Paper. Members are not being asked to agree the precise process today. All the amendment seeks to do—I am afraid, in the current jargon—is to book a slot so that we have the chance to debate how we are going to resolve this.
In response to the objections raised by the Minister—he read out his speech diligently but I was not entirely sure that his heart was entirely in it—the amendment is not seeking to usurp the role of the Executive. Indeed, if the Executive were doing their job right, then the amendment would not be necessary. It is about enabling the House to debate a way forward and then vote on it. Doing that can never—never—be described as undemocratic; it is us doing our job as Members of Parliament.
The requirement in paragraph (3) of the amendment that at least 25 Members from at least five different parties would need to back a motion is not constructed to deny anybody a voice. As I made clear to the Minister when he kindly took an intervention from me, anyone can put down an amendment to that motion, but the amendment is worded in that way to encourage different Members from different parties to come together to propose a way forward that can win the support of the House.
The reason we need to do this today is the way that section 13 of European Union (Withdrawal) Act is structured. The Government’s draft withdrawal agreement and political declaration were of course defeated on Tuesday. Under section 13(4) of the Act, the Government are required to make a statement on how they propose to proceed and then to propose a motion in neutral terms that can be amended. The problem, particularly because the Government have not yet specified when they propose to bring that forward, is that the Act gives the Government 21 days from the day on which the House of Commons decided not to approve the deal, which was this Tuesday, and then a further seven Commons sitting days from the date of the statement to lay a motion in neutral terms. What that means, very simply, is that the Government will not be obliged to give the House a chance to amend any proposals on a way forward until after 29 March. Clearly, given the crisis we face, that will not do. I hope that Members will feel able to support this amendment, not least given the cross-party support that it has attracted.
I turn now to the extension of article 50. It is of course essential that we achieve that, because without it, the House would be faced with only one choice if it wishes to avoid a no-deal Brexit on 29 March. That would be to revoke article 50, unless between now and then the political declaration can be amended in a way that commands the support of the House. Given that, for more than two and a half years, the House has not really been given the opportunity to express its view on what it would support, that is very unlikely to happen in the two weeks that are left. That is why this amendment is needed.
We must be honest about the difficulty that we face. The leaders of the EU are paying close attention to our deliberations. They want to see a purpose. We have a credibility problem. There are different views about the length of any extension, but the amendment tabled by my hon. Friend the Member for Manchester Central would be helpful, and I am happy to support it.
The House is being watched by the British people. They see chaos and uncertainty. Businesses have no idea what is going to happen next. EU citizens do not know what is going to happen. We have a responsibility to demonstrate that this Parliament can and will do its job.
It is a great pleasure to speak in this debate because I feel that we have somewhat lost the plot here in Parliament. I have done a lot of canvassing throughout my constituency—in all my major towns such as Honiton, Tiverton, Cullompton, Seaton and Axminster—and as far as people are concerned, they voted in 2016 to leave. They had the people’s vote and they decided. What they cannot understand is why we have not actually left or will not leave on 29 March. They really do not understand it at all. What I cannot understand from one or two of my hon. Friends is why, when we have a strong economy and growing employment and we want to spend money on the health service, education and police, we do not just get on with it and leave the EU.
I was a remain voter, but in the end the EU is becoming more federal and an institution that we will want to leave. But we want to leave with a deal and a trade deal. You would have thought that we could have done it, that we could have all joined together. In the past I have supported the Prime Minister because, first, I believe that she is right and, secondly, I cannot go into the opposite Lobby.
I have a great deal of time for the right hon. Member for Exeter (Mr Bradshaw), and if he was here I would say the same thing. He stands in the Lobby like a big spider, and we know what spiders do to flies—spiders eat flies. So our Members who take an extreme position on a different type of deal for Brexit walk into the same Lobby as the right hon. Member for Exeter. But the right hon. Gentleman is clear that he does not want to leave the EU. He wants to revoke article 50 and remain in the EU. My colleagues going in there with this spider want a much tougher Brexit; they do not like the deal that is on the table. They are completely contrary positions.
This Parliament and my party have to decide whether they want to go along, rightly, with what the British people said. I stood on a manifesto to deliver Brexit, like all my colleagues, and Labour Members all did the same. All we are doing is thwarting Brexit. People might wrap it up in all sorts of different clothes, but that is exactly where we are. Therefore, we have to come together and vote, believe it or not, for the Prime Minister’s deal.
The Prime Minister’s deal is a withdrawal agreement. It is not a trade agreement. It leads to the trade agreement. It means that we leave in an orderly fashion. It means our businesses can trade across borders—we will not have the problem in Northern Ireland and the Republic of Ireland that a tariff may be charged on lambs coming into Northern Ireland but not on going out, or vice versa—and it will deal with all of the problems that can happen to our businesses. Travel arrangements are covered by the withdrawal agreement so that we can travel. Human rights, workers’ rights and all of those things are in this withdrawal agreement.
All we spend our time in this House doing is nit-picking just to see what we can find wrong with the withdrawal agreement. It is a bit like selling a house, Mr Speaker. You take ages trying to sell a house because you cannot get the price for it, but as soon as you have sold it, a whole load of people come along and say they would have paid you more for it. Everybody’s got a different idea, but they are not actually doing the negotiations.
As far as my residents are concerned—and, I reckon, most residents in most constituencies in this country—they just want the deal done. They believe that we just make it complicated. They believe that the majority in this House voted for remain, and that therefore we will not carry out the wishes of the people. I voted remain, but I will carry out the wishes of the people, because I believe we need to leave, and leave with a deal.
We like to lambast the Prime Minister all the time in this place. Again, I go out all the time and talk to my residents on the streets, and I assure hon. Members that the Prime Minister is actually very popular still. They think she was dealt a very bad hand of cards, and all we have done is to make it more difficult. Believe it or not—hon. Members will all laugh at me when I say this—I think the withdrawal agreement will come back once more, and I actually believe that it might well go through this House, because the British people expect us to leave on 29 March.
Many of us believe that consent is at the heart of this argument. We are repeatedly told that the Prime Minister’s deal is the will of the people. The truth of the matter is that it is not the will of Parliament. It has been voted down by this place by 230 at the first time of asking, and by 149 at the second time of asking. However, I would say that there is no evidence that it is the will of the public either. It is certainly not the will of the 48%, nor is it the will of a very significant number of those who voted to leave—both in this place and outside—because they write to tell me so very vigorously that they do not think that this is the Brexit they voted for.
The truth is that the great Brexit charlatans have been exposed for the lies they perpetrated during the campaign. This Brexit is nothing like the sunlit uplands that they were promised, and I would ask people how many of them would have voted for this dog’s Brexit if it had been presented to them at that time.
The other thing about consent is that nobody would seriously proceed on the basis of a consent form that was signed nearly three years ago. Furthermore, young people in this country face being wheeled into the operating theatre for major constitutional, social and economic surgery based on a consent form that was signed by their grandparents nearly three years ago. This is the point: given the sheer weight, significance and implications for all of their futures, what is the constitutional outrage or the democratic outrage about pausing to check that we have their consent?
I say to those on the Government Front Bench that they will never be forgiven for the consequences of Brexit, unless they have taken the time to pause and ask for explicit consent for their version of it. Even if the House were to approve a Norway-style Brexit, with or without a customs union, that will still not represent what many people out there thought Brexit should be. There is therefore a compelling case for all hon. Members to be honest about the way people feel about this issue, and to pause to ask for explicit consent. If the Prime Minister were a surgeon, she would be struck off if she proceeded without consent.
Many Members have made the point that now is not the time for this amendment and that we should table it later, but it has been a bit like “Waiting for Godot”. “Now” will never be the right time, and we are just 15 days from falling off the cliff. I was there in the summer with 700,000 people who marched through the streets. Their call was: “We demand a people’s vote”. When did they want it? They wanted it now. They were not saying, “We want it when it is convenient for the Labour Front Bench”.
I am sorry—I say this with great sincerity to Labour colleagues—but there was a clear promise to move to support a people’s vote, and it is simply no good to keep backtracking on that. Today is the time for us to vote for this amendment. It may fail—I accept that—but there is nothing to stop us bringing it back and voting for it again.
Following that democratic defeat in the biggest vote for anything in British history, much of the liberal establishment has responded with stunned entitlement and deafening hysteria. The essence of the reason for that hysterical reaction is that these people are not used to be being told that they are not right. They are not used to having their sense of entitlement challenged. That sense of entitlement is not just a material thing—an advantage in terms of place and progress—it is also the self-serving entitlement that prohibits views other than their own and wants to delegitimise the opinion of the vast majority of law-abiding, patriotic, decent British people who voted for Brexit. That is the truth of it, and it needs to be said in this Chamber.
When this House chose to delegate its authority to the people—I do not say that that should be done lightly; I am not a great fan of referendums, frankly, because they create binary choices about what are very complicated arguments—we, by nature, invested our faith in what the people decided. To breach that faith now, to break that promise, would undermine confidence in the democratic process in a way that scarcely anything has done before.
The truth is that there are people here who campaigned for remain—many Opposition Members and many Government Members—who respect the result of the referendum, who want to honour the pledge that we made, who want to do the right thing by the people and who want to leave the European Union, but there is a minority who are unreconciled to the result of the referendum and who are using every means at their disposal, fair and foul, to frustrate its result. They are hiding behind all kinds of improbable and incredible excuses for so doing, and frankly, the people’s vote campaign is among them.
You need to know, Mr Speaker, and I am sure the House needs to know too, that some of us stand resolute in opposition to this further reference to the people—as if we’ve not had a people’s vote. If we were to agree to it, what if, on a lower turnout, people voted to remain? What if it was a marginal decision once again, by a smaller margin than last time? Would we have a third referendum to settle the matter? Is it going to be the best of three, the best of five, or perhaps the best of seven? How many referendums must we have before the settled will of the people is established?
I stand for the people, of the people and by the people. I am proud to have got to this place from where I began, but unlike some hon. Members, I have not forgotten my origins and will stick by the people, and the people want to leave the European Union on time, lock, stock and barrel.
In fact, it is the failure of the Government to attempt to bring people together since the referendum that is why we are in this mess now. It is the failure of the Government and the Prime Minister to put any deal to this House until 22 of the 24 months of article 50 were already run down. They have been running down the clock, just putting the same deal back to us again without actually listening or ever giving this House and the country the opportunity to properly debate what kind of Brexit we should be pursuing—whether it should be nearly Norway or close to Canada—and what really we should be talking about. We have a responsibility now to find a way through this very difficult situation.
That is why I think it is so important to back amendment (i), tabled by my right hon. Friend the Member for Leeds Central (Hilary Benn), which is about trying to set forward a process for Parliament to do what the Government, frankly, should have done ages ago. We should have had indicative votes ages ago. It was good to hear the Minister putting forward proposals for indicative votes, but this is way later in the process than it should have been. Also, I do not accept the conditions that he put on us having the indicative votes in the first place, and that is what I want to address.
The Minister seemed to be arguing that to be able to have a proper debate on indicative votes—or whichever kind of approach it is in order for the House to come together on what we should be for—we either have to have a very long extension or we have to have European elections, or we have to do both. I do not accept that we have to do that, because I do not think the Government are credible in their use of time. They make time a political issue, rather than a sensible issue. Time is a weapon that they use to somehow say that they can do everything incredibly quickly when they are using brinksmanship to get a vote through, but then they say the process will take an incredibly long time when they want to get the same meaningful vote through that we have already debated and rejected twice, basically because so many of us on both sides of the House think that it will weaken us for the negotiations ahead. We want an approach that can be a strong one for our country, not a weak one.
I think that it should be possible for us to come to some decisions much more quickly than the Minister suggested. I think that, in the interests of securing consensus on some steps forward, the House should support the amendment to amendment (i) tabled by my hon. Friend the Member for Manchester Central (Lucy Powell). I also think that we should have an opportunity next week to debate what a sensible process should be. Let us bring some common sense back into this process so that we can get some agreement.
The issue of the European elections is important. It makes no sense for a state that is in the middle of article 50—a departing state—to have to hold European elections. A letter from President Juncker suggested that we would have to hold elections if the extension went beyond 23 May, which is clearly an inappropriate approach. That is why I think that what has been said, and tweeted last night, by Eleanor Sharpston, an advocate general at the European Court of Justice, is so significant. I urge Members to look at that tweet if they want to see the details. She has said that
“were there to be an extension of the Article 50 period, it would (clearly) be inappropriate for the UK to hold EP”—
European parliamentary—
“elections in May”.
However, there are precedents; there are approaches that could be taken. Eleanor Sharpston says that article 50 is the mirror provision of article 49, which was used as a basis for special arrangements for Croatia so that it did not have to hold European elections at the time of its accession. She points to other possible mechanisms as well.
None of this is easy, and I wish that we were not in this position, but the reason we are is the way in which the Prime Minister has handled things up to now. We must find a way forward that respects our constituents and enables us all to come together. I hope that we can do that, rather than just going round in the same circles time and time again.
There is gridlock in this place, and we must find a way through it. I am sorry to say that while I think there may be a consensus here, I also think that the steps the Government have taken to keep bringing back so-called meaningful votes have actively got in the way of Parliament’s finding a consensus on a way forward. Ministers need to understand that there is no point in calling those votes meaningful any more, because they are actually meaningless.
The original deadline of 29 March was part of the outcome of the Lancaster House speech, in which the Prime Minister said, “We will have agreed a future partnership by the end of the two-year article 50 process.” That, of course, has not happened. The speech also set out for the first time the Government’s position that no deal was better than a bad deal—“no deal”, in that context, referring to a future partnership. We are effectively leaving with no deal, and that is one of the reasons we have reached the point today of having to discuss the fact that we still cannot find a route forward, although we absolutely need to. After last night, it is clear that there is little appetite in the House for leaving with what I would now call a double no deal—in other words, no future partnership, and no agreement on how we even withdraw from the European Union itself.
A meaningful vote 3.0 is, as I have said, an oxymoron in the context of the votes that the Government plan to bring forward. Yet again, it will risk Parliament failing on a long-term issue, because achieving consensus on one vote at one moment does not achieve real consensus. It is a fake consensus that will simply unravel, again disappointing the public, who want to see us get behind a real route forward. The Government now need to understand that their deal is simply not popular, either here in this House, for very valid reasons, or with the public.
I personally think that the way to achieve this is to recognise that there is a spectrum of opinion in this House. People hold their views in totally good faith. They represent very different communities and they themselves have different views on Brexit. This is perhaps one of those naturally binary and quite divisive topics, and we have to confront that fact. That is why I do not think we will reach a conclusion on this gridlock. We have to stop circling around the issue. Ministers now need to show some leadership and unblock a route forward with parliamentarians in this place.
Frankly, I would be happy for people to pick from a spectrum of very different outcomes for this country’s path forward. The reality is that we had a referendum about leaving the European Union, not about where we were going to go. We cannot agree on what people think the destination should be, and we therefore need almost to finish off the referendum. We need to go back to the people with a further one to find out where they actually want to go. That is the choice. We will end up with a public vote on Brexit. It is a question of whether it will be a general election, which I do not think will resolve the issues that this House continues to grapple with, or a public vote on Brexit—the actual issue at hand, on which we desperately need to find a direction for our country.
If an extension allows us the space to finally come up with a strategy for a route forward, it will have been worth it purely for that. From my perspective, it should be the shortest possible extension that will give the House the space to do that. It should not be an open-ended extension that would simply give us the chance to go round in circles, achieving nothing and destroying investment in this country.
I stand here speaking on behalf of people in Swansea who voted leave because they were told they were voting for good things such as more money, more trade, more jobs and more control. They are now finding that they are not going to get any of those things. They are going to have to spend another £40 billion on the divorce bill, and the economy is shrinking by 10%. Trade is going to shrink, and we are going to be outside Team EU when we negotiate with China, with Trump and with other countries. We are going to get a worse deal, not a better deal. They voted to control immigration, but immigration will not be controlled with an open border in Northern Ireland. Of course, the risk that we will not have an open border may also put the peace process at risk.
Frankly, any Brexit will make us poorer, weaker, more divided and isolated and will risk environmental rights and workers’ rights, so to go ahead with it, given all the knowledge that we now have, would be a collective act of wilful negligence. It would be a betrayal of those who voted leave and a crime against democracy not to give the people the opportunity to judge whether they are getting what they ordered. If we do not give them that opportunity or just simply revoke article 50, we will never be forgiven. Some say that there will be anger if there is another vote—a vote on the deal as opposed to a vote on the principle—but people will be completely enraged if, having voted leave for more money, more jobs and so on, they find that they lose their jobs. There will be turmoil and carnage, and we will never be forgiven.
We have had referendums throughout Britain over the years, including on Wales, Scotland, mayoral elections and so on, and the people have subsequently changed their minds. In the referendum on whether to have a mayor in Manchester, the people voted not to have one, but the Government imposed one. These referendums are advisory, and the Brexit one was characterised by cheating, lying, betrayal and broken promises. In the name of democracy, the people expect to have a vote and to move forward.
It may be the case that we cannot reach an agreement, and it is obvious that people do not agree with the current deal, because there is either too little or too much alignment with the EU. That is why we keep failing to get an agreement. We are running towards the end, and if we say, “Let’s have an extension,” what if the EU says, “You can’t have an extension because you cannot make your mind up”? The choice will then be between crashing out without a deal, with all the carnage, medicine and food shortages and laws not working that that would entail, or revoking article 50 and continuing as usual. I have supported a public vote on the deal to give the people the final say, but if we end up with the choice that I just outlined, we need to revoke article 50 and stay where we are. The people now know how good the EU is, what a good deal we are getting and what we stand to lose.
In conclusion, we need to have faith in the people to decide on what is now on the table. If they do not want it, we should keep the existing deal, which is a very good one.
“This is your decision. The Government will implement what you decide.”
Every man and woman who voted in the referendum was entitled to take the Government at their word and to trust the Parliament that set up the referendum. However, they now see a political class apparently intent on reneging on the promise made by the Government, trying every trick in the procedural book, and even some others, to frustrate the will of the people.
Yet today we have arrived at a point where the Government motion before us seeks to delay the date of our departure. That is after more than 100 repeated assurances by the Prime Minister that we will certainly be leaving on 29 March. We are told that the way to avoid any delay is to support the deal that the Government have concluded with the European Union, yet this House, as my right hon. Friend just mentioned, has twice rejected that deal—most recently only two days ago. The deal is dead. It cannot be resurrected. There is no deal.
The legal position of what this House voted for is that we now leave without a deal on 29 March. That is the law, but that is what the Government’s own motion shamefully seeks to frustrate, and I believe that every Member who supports the motion will equally be acting shamefully. He or she will be expressing, as clearly as possible, contempt for the outcome of the referendum and for all those who voted to leave the European Union. Those voters will see what is behind the extraordinary exercise that has taken place over the last three days: a determined attempt by people inside and outside this House to halt Brexit and impose on the British people a second referendum in the hope that Brexit will be stopped altogether. I have no doubt that that ambition is not shared by the people who sent us here.
I am absolutely convinced that people out there are sick and tired of the gyratory antics of parliamentarians. They want an end to the apparently interminable Brexit process. They know the law provides that we leave on 29 March, and they expect this House to do its best to ensure that we do. They have made their decision, and they expect that decision to be implemented.
If we break our promise to the British people, which we will be doing if we pass the motion this evening, we will risk completely destroying the already fragile trust that the people of this country have in this country’s constitutional arrangements, in its political institutions and, to be blunt, in each and every one of us. That would be a profoundly dangerous state of affairs. No Member of this House should be willing to put that trust at further risk, which is why I urge the House to reject this motion.
“like a circle in a spiral, like a wheel within a wheel,
never ending or beginning on an ever spinning reel”.
It is just going on and on and on, and every two weeks we come around on the merry-go-round and we make the same speeches all over again, and we still ride our own hobby horses. Frankly, it is not doing us or the nation any good medically or emotionally.
My amendment is a simple one, and it tries to put a stop to all this gyratory nonsense, as the right hon. Member for Clwyd West (Mr Jones) rightly mentioned. My amendment is the embodiment of a very old principle of this House. When James I became King in 1603—do not worry, I am not going to do every year—he summoned Parliament, and that Parliament became so fed up with MPs constantly bringing back issues on which it had already decided that the House expressly decided on 4 April 1604:
“That a question being once made, and carried in the affirmative or negative, cannot be questioned again, but must stand as a judgement of the House.”
That has been our rule.
This ruling has been repeated many, many times. On 30 June 1864, Sir John Pakington wanted to give more money to nursery schools—hoorah! On 17 May 1870, Mr Torrens wanted to relieve poverty by enabling the poor to emigrate to the colonies. On 9 May 1882, Henry Labouchère wanted to allow MPs to declare, rather than swear, an oath so as to take their seats. On 27 January 1891, Mr Leng wanted to limit railway workers’ very long hours. On 21 May 1912—this one would probably have the support of every Member—George Lansbury wanted to allow women to vote.
On every single occasion, the Speaker—Speaker Brand, Speaker Peel, Speaker Denison and Speaker Lowther—said, “No, you can’t, because we’ve already decided that in this Session of Parliament”. That is why I believe the Government should not have the right to bring back exactly the same, or substantially the same, measure again and again as they are doing. It is not as if the Government do not have enough power. They decide every element of the timetable in the House. They decide what we can table and when. They decide when we sit. They can prorogue Parliament if they want. They have plenty of powers. The only limit is that they cannot bring back the same issue time and again in the same Session because it has already been decided.
What do the Government not understand about losing a vote by more than 200 and losing it a second time by 149? For me, the biggest irony of all is that the Government repeatedly say, “The people can’t have a second vote”, but the House of Commons? “Oh, we’ll keep them voting until they come up with the right answer”. We should stand by tradition—Conservatives should be a bit more conservative about the traditions of the House—and stop this ludicrous, gyratory motion.
First, let me underline the importance of honouring the referendum. This was the biggest democratic exercise in our history, and 17.4 million people made the clear decision that we should leave the EU, yet amendment (h) seeks yet another referendum—a so-called people’s vote. It is not a people’s vote; it is a losers’ vote, because it is promoted by the very people who lost last time. I completely agree with the Labour Front-Bench team when they say that they cannot support the amendment; I agree with the right hon. Member for Don Valley (Caroline Flint), who made a point of order earlier on this subject; and I agree, I hope, with a majority of the House in thinking that we should vote on this amendment and reject it. We should put to bed the idea of further referendums and delays and get on with leaving the EU and dealing with the future of this country. We cannot have endless Brexit.
I hear that the Independent Group, under pressure, might wish not to press the amendment. It will be interesting to see what the Liberal Democrats and the SNP, who are also signatories to the amendment, will do. Will they have the courage of their convictions and see it through, or will they be frit and run away, as they are asked—begged—to do by the Labour party Front Bench? We do not need to extend article 50. We need to get on with it. We do not need a referendum of the losers. We need to listen to the British people. A snap poll today by YouGov finds that a majority want to get on with it: 43% to 38%. The 43% want MPs to vote against delay. The British people are as sick of endless Brexit as most people in this House. That is why I shall be voting against every amendment tonight, and against the main motion, making it clear that we need to honour and respect the verdict of the referendum.
We also need to put maximum pressure on the European Union to provide an exit from the backstop, either unilaterally or through a sunset provision. We must not have the affront of European parliamentary elections, which would see Nigel Farage and Tommy Robinson elected. The hon. Member for Ilford South (Mike Gapes) would be elected as well. What we need is true democracy. We also need to see some integrity; not only should we honour and respect the result of the referendum, but those Members who wish to set up a new party should have the integrity and courage of their convictions and put to the people, in a true public vote, the question of whether they should continue to be Members of this House. They should face the people in a by-election, rather than running away from them. They should honour our democracy, as we should honour the referendum result.
As other Members have said, what a mess we are in. We really are not covering ourselves in glory right now. My hon. Friend the Member for Rhondda (Chris Bryant), in what I thought was an amazing speech, referred to the muppets. He is right, but to me this also feels like the last scene in “Thelma & Louise”, with the Prime Minister pressing down ever harder on the accelerator pedal as we head towards the cliff, with banners coming off the back of her car saying, “It’s my way or the highway.” She just keeps putting up these false choices. This really has to stop, because it is now beyond a joke.
We need to find out once and for all—we have been asking for this for months now—whether there are other directions of travel that the House could agree on. Amendment (i) is now the only way—we can no longer trust the Government to bring forward the process—to allow Parliament to express its view.
Whether or not we want a second referendum, we still need to resolve what leaving the EU looks like and what Parliament says it should look like. For most people, that is about addressing the political declaration that sits alongside the withdrawal agreement and that could be done in good time. There is no reason why that should take very long at all. The Minister for the Cabinet Office seemed to contradict himself earlier. He suggested that indicative votes or votes next week would mean a delay of a year. Well, if the Government think that, and if the amendment is agreed to tonight, they need to bring forward an extension for that time. That is up to them to determine.
The reason for my hurried manuscript amendment is to try to maximise support in this House, because I know that many colleagues are concerned about the forthcoming European elections and about a long extension to article 50. But let us just remember that, if this amendment is passed tonight and we say that we want an extension to article 50, it is up to the Government to come forward with the necessary legislation, with the date therein, to decide how long it should be for. I hope that the House will agree to my amendment to my right hon. Friend’s amendment, so that we can maximise support for that process and allow us, at long last, to have a say on the way forward.
It is not just good for democracy to deliver our promises; it is also good for business. If there is a suspension, whether short or long, or a series of suspensions, that will be bad for business planning, whether in manufacturing, clinical trials, life sciences or in the universities sector.
Just look at the EU’s approach to science to see why it is not working now and will not work in future. The clinical trials directive was thought of in 2001 and introduced in 2004. The EU wanted to change it to the clinical trials regulation in 2016. Thus far, it has failed to make that change and we do not know when it will be delivered. The failure to change from the directive to the regulation is holding back trials. If trials do not go ahead, life-saving or life-enhancing treatments will not be invented and brought to market to serve people’s interests.
The EU is still going in the same direction. Against the advice of the advocate general, the European Court of Justice decided to treat gene editing as the creation of genetically modified organisms, which means that that technology will be held back in the EU. Professor Nigel Halford said:
“If adopted by the Council and Parliament the decision could set back agbiotech in Europe by another 20 years. We are already a generation behind. Young scientists interested in agbiotech are likely to move to places where common sense and scientific evidence prevail”.
That is not the European Union. I believe the EU is 1950s politics applied to the 21st century. We need to leave on 29 March this year.
On at least three occasions, in normal times the Prime Minister’s record would have cost her her job. Those three occasions were opportunities for her to change tack: to offer the UK a tonic, with a deal that united the country through unity in this House. We are told that Parliament needs to decide what it is for, but we have been given no chance to decide. We have pored over this, many of us spending time doing the heavy lifting to understand why the people felt so deprived of a say, so overlooked, that they pulled the leave cord in 2016 to stop the show.
We must extend article 50 and establish what we are for, through indicative votes and a process of gathering the way forward. Fill a deal with content that speaks to the support in this House for a deal—one with a customs union and a direction to deal with the world and the protection of our people and our planet. Then take this deal and seek further permission on it, not from the pomp in the Tory party but from the public. Go back and seek further instruction from the people. Let them hold it up to the light, for their final say. Let Britain have her last word—to stick or twist, to back it or keep what we have.
Britons voted to leave or remain in their millions, then this changed Parliament was ushered in. Division is still palpable, and all the doorstepping and polling in the country tells us that there is no magic healing number. Compromise is a must. So the content of a deal with the permission of the public marry this changed Parliament to the changing picture we see—and of course everyone reserves the right to vote the same way again. At that point, I will support a deal before arguing we don’t know what we’ve got till it’s gone.
The spokesman for the official Opposition, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), said that he thought there were people here who were pushing a people’s vote amendment for “another reason”. I do not think he specified what that reason was, but I am pushing a people’s vote, as are many of the people here today, because we want there to be a people’s vote and we want people to support that. This will be the opportunity to do that and, frankly, we are running out of time in which to express support for a people’s vote. That is the only reason we are doing this.
I wonder whether there is any sense of humility or embarrassment from leading Brexiteers about the chaos and political maelstrom that they have created. This is their responsibility through and through. They cannot blame remainers, civil servants, the weather or the Turks—they cannot even blame their nanny. The blame rests fairly and squarely on their shoulders. This is chaos that they have created.
“to see what is necessary in relation to getting legislation through the House.”—[Official Report, 12 March 2019; Vol. 656, c. 224.]
All of us here know exactly what that means. It means that she accepts that there will have to be an extension, so the question really is whether we are having a short extension or a meaningful extension—one that will facilitate the will of Parliament, which has expressed a clear desire to find a different deal. I hope it will be an extension that will allow for a people’s vote. A short one would be to enable the Prime Minister to tie up her loose ends after she has bludgeoned us black and blue with her baneful deal and her robotic mantra of, “It is my deal or no deal.” I hope that we will secure a meaningful extension. Of course, if that is not granted by the European Union, we will, as others have said this afternoon, simply need to revoke article 50.
I will support this motion to have a delay, but it occurs to me that Vote Leave said throughout the campaign that this would be “a careful change”, that there would be time for it to be made and we would not be leaving the EU until our future relationship was resolved. I am now confused as to why they seem to be in such a rush for us to leave, given that it is so clear that we have not got a deal on which we can agree.
As for what my constituents ask for, it seems that Labour’s deal fulfils the vote that 60% of Chesterfield constituents cast. It would enable us to continue trading with the customs union, but it would also ensure that we were not a part of the single market and we were able to have control on immigration. We all know that that was so powerful; it was the issue of immigration that enabled what had been previously a minority concern—the European Union—to become so powerful; the campaign was run on the issue.
Despite the fact that I hugely regret the fact that we are leaving the European Union, I will vote for Brexit and I will do so by voting for Labour’s deal. When I vote for Labour’s deal, I will be voting for something that would enable us to leave on 29 March. I will be able to go to my constituents and say, “If only the Government would back Labour’s deal, we would be able to leave the European Union on 29 March, as we have said all along.” It is important that that message gets across, because there are people on the Government Benches who suggest that the only way to fulfil the referendum result is to vote for the Government’s deal. We all know that there are other ways we could leave the European Union, if only the Government supported the Labour party deal.
The people’s vote is not about the four of us who attended the event just over a year ago when we launched the People’s Vote campaign, although I am proud that the hon. Members for Oxford West and Abingdon (Layla Moran), for Brighton, Pavilion (Caroline Lucas), for Streatham (Chuka Umunna) and I will all tonight be true to our word and vote for a people’s vote. At the launch we were members of four parties; we are now, of course, in different positions. But as I say, it is not about us. We are not the people’s vote.
The people’s vote is not even Susan and Linda, who go out every weekend as members of the Nottinghamshire People’s Vote campaign, not only in West Bridgford, where we were on Saturday, but in all weathers and all circumstances. They have been to Ashfield and to Mansfield. They have stood and made the case for a people’s vote, not only in bad weather but, frankly, in other adverse conditions, and they do it with a burning passion. They do it because they believe that our great nation has made a mistake, but they do not do it to thwart Brexit. They do not do it to stop Brexit; they do it as I do, and as I know many other Members do: because we believe with passion that this matter must now go back to the British people. It is the only way through the mess.
It may be when I am long gone, but there will undoubtedly be an inquiry into what happened and how this great country came to find itself in a position of leaving the European Union—and, notwithstanding last night’s vote, I still gravely fear that we could do so without a deal. The inquiry will record that there was a lack of honesty, courage and leadership, not only in this place but among journalists and businesses—among people who said things in private but simply failed to do the right thing in public when it was needed for our country.
The moment is now. I apologise if I caused offence by crying out “Shame” earlier, but I say gently to colleagues in the Labour party, many of whom I have huge respect for—they know that I work cross-party with them on all manner of campaigns and will always continue to do so—that they know in their hearts the courage of my friend the hon. Member for Redcar (Anna Turley). Her constituency voted leave in the numbers it did, but she has led in her constituency and persuaded the people of her constituency to back a people’s vote. She has shown courage, honesty and leadership. We cannot wait for the Labour Front-Bench team—they are Brexiteers. They do not want a people’s vote because they are frightened that the people will change their mind. If we do not do the right thing, that will be our legacy, knowing that people did not want it. We cannot let it happen.
The weight and seriousness of the decisions that we have to make mean that we cannot take them lightly. We need to show leadership and direction for our country, and we need to make the right and the best decisions. It is not good enough for us just to throw out our own—sometimes selfish—views and strong opinions, and to think only about ourselves and not the wider context. We must consider that point.
I agree that we should have voted down the deal in the meaningful vote, as we did the first time and the second time. But there is no point in bringing it back to the House a third and a fourth time. It would be a waste of time in this Chamber and it should not happen. We should be mapping a way forward, and the way forward is to extend article 50 and then consider how to progress. There is no other way.
In our conversations, we are failing to tackle some of the issues that we need to. People in our country are suffering and in grief because we are missing these matters—because we are not discussing them and decisions are not being made in this Chamber. These are real, tangible issues such as in-work poverty, the housing crisis, the climate change crisis and improving our education system. We need to be thinking about these things and so many others, including public services and tackling serious youth violence. It is not good enough just to invest in the police; it is a partnership, and we should be investing in partnerships to tackle this problem. I will therefore be supporting an extension to article 50 and I invite others to join me.
Now that we can see the no-deal train coming down the tracks towards us, all these new suggestions are coming out of the woodwork, including rumours of a cross-party consensus for an EFTA-type deal, or to stay in the single market or the customs union. We proposed this two years ago and it was ignored. The people of Scotland will be watching this, and despite being told to vote no to independence to stay in the EU, despite voting to remain in the EU, despite sending back a majority of MPs on an anti-Brexit manifesto twice and despite the Scottish Government putting forward compromise proposals, here we are anyway—still ignored.
I challenge one Unionist Member in this place to tell me what more SNP Members could do that we have not done to prevent Scotland from being dragged out of the EU and into no-deal chaos. [Interruption.] I can hear their voices saying, “You should have voted for the deal”, but they just make my case for me, because even if every single Scottish MP had supported the Prime Minister’s deal, she would still have lost. It makes no sense. This is not a Union of equals.
A good friend of mine and a former Member of this place, Jim Sillars, summed it up best when he talked about Scottish independence. He said that, between the hours of 7 am and 10 pm on 18 September 2014, Scotland was in control of its own future, and that the question was whether, at one minute past 10, we handed back that power or kept it for ourselves. Now, we chose to hand that power back to this place. And look what has happened. I tell you, Mr Speaker, if this is a Union of equals, the next time that Scotland is asked whether we want to be part of this Union, I’ll bet my money that the answer is different.
The Prime Minister has made a huge mistake. She has not sought to unify this country—to reunite us—but to reunite her party. Since 10 December, it has been abundantly clear that there is not a majority in this House for the Prime Minister’s deal. Three months on, she still insists it is her deal or no deal. Her approach has been flawed from the start, and it is what has led to us being in this humiliating, disastrous mess. Rather than reach out across the country and across Parliament, she asserted her infamous red lines and just focused on securing her legacy. Now we must exhaust other realistic options, in a short timeframe, to understand where there is a majority in this House for some form of Brexit. We owe it to this country, which has been misled not once but twice: first, by the promises of the leave campaign; and secondly, by the disingenuous claims of the Prime Minister that hers was the only way of delivering Brexit.
For several months, I have been making it clear that I believe it incumbent on those of us in this House, as representatives of a currently very divided nation, to work collaboratively to find solutions to this impasse, with the primary aim of seeking to heal these divisions. We must work to determine the forms of Brexit that are, first, realisable, and secondly, least damaging to the UK and to Europe. To enable this, it is essential that we extend article 50. As I said very publicly back in mid-November, we must do that, confirm it with the EU, and then decide which of the Brexit options has the most public support.
Let me be clear: yes, I support a public vote, as I have said before. This place cannot decide what form of Brexit we follow, and the public must confirm what they want versus remain. Today’s votes are all about achieving an extension to article 50 that will facilitate the right outcome that is in the best interests of this country. If won, we must then agree across this House the mechanisms for achieving this, and amendment (i) does that. Again, let me be clear: yes, I voted remain and I favour remain. As someone who sits on the International Trade Committee, it is obvious to me that coming out of the European Union on 29 March is the first paragraph of the first chapter of a very long book. It will last for eight to 10 years. For that reason, and, more importantly, with the ambition of trying to reunify this country of ours, and for the reasons of avoiding the economic catastrophe so well described by business leaders, the CBI, the Society of Motor Manufacturers and Traders and the Federation of Small Businesses, we must extend article 50 and find majority agreement across this House.
The key question that will face us after this evening if we support an extension to article 50 will be this: for what purpose? Without finding a purpose for the extension, we still face the prospect of no deal by default. The publication of the Government’s tariff proposals gave us a good idea of what that would mean. It would be a disaster for Welsh agriculture, in particular, because if we set very high import tariffs, that would be reciprocated in terms of exports. Half of all Welsh lamb goes to the European Union, and that sector would be decimated. In keeping an open border between the Republic of Ireland and the north of Ireland, the British Government signalled their intention to sink the ports of my country.
Our amendment (a) would extend article 50 to cover phase 2 of the Brexit process. That would help to deal with the backstop. Although I do not share the concerns of hon. Members in relation to the backstop, that issue would be dealt with by our suggestion. It would deal with the problems of a blind Brexit. It would deal with the problem of no deal. It would encourage a more sensible approach to other trade negotiations. There is something for everybody in our suggestion, apart from those who seem obsessed with leaving on 29 March.
I look forward to voting for amendment (h). I say to Labour colleagues that the right moment does not always come in politics—there is only the moment, and the moment is now.
The amendments that I will support tonight are the amendment tabled by my right hon. and hon. Friends on the Front Bench or the amendment tabled by my right hon. Friend the Member for Leeds Central (Hilary Benn). They seek to remove that conditionality and to extend instead for the purpose of clarifying our future direction. That is the reason why we should extend. For four months we have been having the wrong conversation with Europe. Instead of disappearing into five different levels of legality over the backstop, which looks to the rest of Europe as if we are trying to wriggle out of our commitment to no hard border in Northern Ireland and to supporting the Good Friday agreement, we should have been having the conversation that we need to have about what Brexit really means, what the choices are and what the trade-offs are. Let us not pretend that the reason that has not happened is that somehow it is impossible until we leave. The reason it has not happened is that to do so would expose the deep divisions within the Conservative party, but the public deserve better than that. That is why extension should be for the purpose of clarification.
As for timing and other conditions, far too often in our discussions we forget that there are two sides at the table. An extension has to be applied for and agreed unanimously. It will not just be up to us how long it is for. Whatever happens in the votes tonight, it is important that we understand that.
I understand the public impatience with politics right now. It is our job to get stuff done, but the leadership response to parliamentary votes matters. We heard a great speech yesterday from my hon. Friend the Member for Birmingham, Yardley (Jess Phillips), who defended parliamentary democracy. It is just a pity that our Prime Minister, the leader of our country, never defends parliamentary democracy. Continually setting Parliament against the people is at best disappointing. It is thoroughly irresponsible and it is not the leadership that we need through these troubled waters.
The reality is that the Government are now trying to get us out as quickly as possible, and amendments that refer to the end of June are also trying to get us out quickly because people fear a European election. The reality is that if we do not have a European election, we will have no voice, no say and no vote within the councils of Europe when we may still be in a transition. That will give us a great period of weakness in any future framework negotiations.
In the 1970s this country was the sick man of Europe. We are now the joke of Europe.
In her closing remarks yesterday, the Prime Minister said that the House needed to say not what it did not want, but what it did want. It is a fair point, but the problem we face is due to her refusal to give us that opportunity at the start of the process. She herself went to the EU27 not with clarity on what she wanted, but with red lines on what she did not want. Those red lines boxed her into a corner and produced this damaging deal that fails the country and has been rejected twice by historic margins.
What is the Prime Minister’s reaction? To try again. It was my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) who coined the phrase “meaningful vote” when seeking to ensure that Parliament had a role in this process, and it is a phrase that the Prime Minister has embraced. We have had meaningful vote 1 and meaningful vote 2, but how, as the right hon. Member for Putney (Justine Greening) asked, can meaningful vote 3 be meaningful in any sense of the word?
On 26 February, the Prime Minister set out the process for this week: vote on her deal, vote on no deal and then vote on an extension. She set out the options to be considered at that stage—her deal, no deal, another deal or a public vote. This week we have ruled out two of those options, so we should now be looking at the other two and seeing what consensus can be built, as was pointed out by the hon. Member for Eddisbury (Antoinette Sandbach), my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) and my hon. Friends the Members for Bury North (James Frith) and for Lewisham East (Janet Daby), among others.
The Chancellor was right when he reminded the nation on the radio this morning that the 2016 referendum decision was carried by a narrow margin—a painfully narrow margin—and was not the overwhelming mandate that some Conservative Members claim. It was a vote to leave, but not an instruction to rupture our relationship with our closest neighbours and allies. If there was any doubt, the Prime Minister gave the people a second vote: she called a general election, accusing this House of trying to thwart her plans and seeking a mandate for a hard Brexit—and she lost her majority. She could then have reached out to build a consensus.
The Prime Minister could also have done so after her deal was defeated in January, but she did not. Yes, she spoke to people across the House, but she did not listen to what they had to say. She focused on the backstop, which may be an obsession of the party within her party, but is not the primary concern of the majority of the 432 MPs who voted against her deal. Of far more concern to us is the way that deal damages our economy, damages jobs, damages livelihoods and damages public services, and does not offer the certainty that business needs. The political declaration is deliberately ambiguous, and we know there are those on her Benches who intend, if she gets her deal over the line, to remove her and to rip it up.
Last night, the Prime Minister had another chance to reach out and build consensus, to deliver on the expectations that she had given the House, and to create the opportunity to explore all the options and find a way forward. The Government’s shameful decision to go back on their word and frustrate our democracy with this motion should be rejected by the House. Our amendment (e) provides the way forward that this House expected and wanted, and it would not have been necessary, as my right hon. Friend the Member for Leeds Central (Hilary Benn) pointed out, if the Government were doing their job.
The Prime Minister should also listen to her Chancellor. However much he proclaims support for her deal, he recognises that it is dead and that she should reach out across the House to look at the sort of deal that might be forged around a customs union, single market alignment, membership of the agencies and partnerships we have built together and, indeed, a further public vote between a credible leave option and remaining in the European Union—a vote that we support. An extension needs clear purpose—a purpose of building a consensus, which the Prime Minister has failed to do. An extension should be as short as possible but as long as necessary, because we have seen the folly of fixed deadlines.
We warned the House and the Prime Minister that throwing red meat to her Brexit extremists by fixing 29 March in law was a mistake. Now she must legislate to remove that date. We should also reject her new bullying tactic, which states that failing to back her deal means UK participation in the European elections. It does not, as many Members—notably the right hon. and learned Member for Rushcliffe (Mr Clarke)—pointed out. Powerful legal voices have been cited, but let me quote a Minister on this issue. The Advocate General for Scotland said in another place on 27 February that
“the noble Lord’s point that the EU Parliament could sit without the UK having had an election…is correct”.—[Official Report, House of Lords, 27 February 2019; Vol. 796, c. 292.]
We must not be deflected by threats. We cannot succumb to the Prime Minister’s obstinacy. Her deal has been rejected. No deal has been rejected. We must now seek the extension of article 50 that is needed to move on and consider the remaining options: a different deal, or a further public vote.
Amendment (e), in the name of the Leader of the Opposition, does not reflect such principle or integrity. It is fundamentally flawed. As the European Council statement of 12 March makes clear, any extension to article 50 must be on the basis of providing clarity about its duration and credible justification for it. The amendment tabled by the Leader of the Opposition meets neither of those tests. First, it does not clarify the duration of the extension that it seeks. Perhaps that is because the right hon. Member for Islington South and Finsbury (Emily Thornberry)—she is not in her place—said on Saturday that Labour would back an extension to article 50 only until July, because it would be inappropriate for us to stand for the European Parliament. Just the next day, however, the shadow Chancellor contradicted her and said that any extension should be “as long as necessary”. To be fair, the manuscript amendment tabled by the hon. Member for Manchester Central (Lucy Powell), which would amend amendment (i), tabled by the right hon. Member for Leeds Central (Hilary Benn), does address the duration of the extension, but the Leader of the Opposition’s amendment fails to do so.
The Leader of the Opposition does not set out a credible justification for his extension, as demanded in the EU statement on 12 March, and merely calls for “a different approach”. That different approach is based on a fiction that he can deliver his deal, while also securing participation in EU trade policy and full participation in EU security, and holding his own position on state aid—all things that the EU has ruled out as non-negotiable. He speaks about the Prime Minister’s red lines, but what are his red lines when he puts forward completely unrealistic ideas? Indeed, his commitment to a second referendum is so strong that in his statement on Tuesday he failed to mention it once.
The Leader of the Opposition called this week for cross-party consensus, but he refused even to meet the Prime Minister. [Interruption.] He met her once, after weeks of delay, and he has blocked the Labour Front Benchers from engaging with the Government. When he talks of cross-party consensus, perhaps what he really means is having meetings with the hon. Member for West Bromwich East (Tom Watson). There are no limits to the inconsistencies of his approach. He talks of listening to this House, yet when the House spoke on his amendment on 27 February, defeating it by 323 to 240 votes, he failed to listen to that judgment. Today, the Leader of the Opposition presents an amendment that fails the tests set out by the European Commission on Tuesday, calls for cross-party talks when he himself has resisted them, and calls for listening to this House when he fails to do so for his own amendment.
In the limited time left, let me turn to amendment (i). The right hon. Member for Leeds Central raised a specific point. He said that we needed to vote for that amendment because the House would not have a vote on another amendable motion until after 29 March. We will make our statement under section 13(4) of the withdrawal Act tomorrow, setting out how the Government propose to proceed in relation to negotiations. There will be the option of an amendable motion no later than Monday 25 March.
Amendment (j), tabled by the hon. Member for Rhondda (Chris Bryant), raises an issue that I think you, Mr Speaker, have already addressed in your response to the hon. Member for Wallasey (Ms Eagle). I will therefore not dwell on it, other than to suggest that it is an issue for the Chair and will be shaped by the motion that is brought forward by the Government.
On amendment (h), tabled by the hon. Member for Totnes (Dr Wollaston), it is clear Government policy to resist a second referendum. That policy has not changed.
It was Tony Blair who said that the way to stop Brexit was first to vote against the Prime Minister’s deal, then to vote against no deal, then to seek a long extension. In his votes on Tuesday, Wednesday and tonight, that is the precise script followed by the Leader of the Opposition. Perhaps he could share with us whether it was Tony, Peter or Alastair who wrote it for him. How proud those envoys of the elite must be with his late conversion to the cause. His approach has become more Davos than Don Valley.
Some Members will remember the Banksy painting that went through the shredder. Indeed, my hon. Friend the Member for Ribble Valley (Mr Evans) had it on his Christmas card. The reality of the Leader of the Opposition’s approach this week is that he is shredding the votes of 17.4 million people by turning his back on the referendum, going back on his word in his own manifesto and failing to listen even to his own Front Benchers. The hon. Member for Ashton-under-Lyne (Angela Rayner) said just last night:
“I think that it would be disastrous for us as Members of Parliament to go back to the people”.
That is the very issue that others in his party are campaigning for.
This is a time for responsibility, yet we have a motion from the Leader of the Opposition that ducks the choice, ducks the time, ducks the clarity and ducks any sense of national responsibility. It is time for this House to act in the national interest. It is time to put forward an extension that is realistic. I commend the Government motion to the House.
Amendment proposed: (h), to leave out from first “House” to end and add
Question put, That the amendment be made.
Manuscript amendment proposed: (i), leave out from “Article 50 (3)” to end and add
Amendment proposed to manuscript amendment (i): before
add
Question put, That the amendment to the amendment be made.
Question put, That amendment (i) be made.
Amendment proposed: (e), leave out paragraphs (2) and (3) and add:
Question put, That the amendment be made.
Main question put.
Tonight I reiterate our conviction that a deal, based on our alternative plan, can be agreed and can command support across the House. I also reiterate our support for a public vote, not as political point-scoring but as a realistic option to break the deadlock. [Interruption.] The whole purpose ought to be to protect communities that are stressed and worried about the future of their jobs and their industries. Our job is to try to meet the concerns of the people who sent us here in the first place. [Interruption.]
While we have been debating here, the Trade Bill has been going through the other place, and, importantly, an amendment has been passed that disallows the Bill if no deal is not taken off the table. May I seek your advice, Mr Speaker, on how we can ensure that this House will be able to debate the Bill over the coming days, and that we will have an opportunity to use legislation to ensure that no deal cannot happen? That is the responsible position that we should be taking, as opposed to—if I may say so—the utter hypocrisy of the Labour party, which funked the opportunity to put a people’s vote on the agenda tonight.
If the Leader of the House wants to respond to the point of order she can, but she is under no obligation.
Yesterday the right hon. Member for Uxbridge and South Ruislip (Boris Johnson) made disgusting comments on LBC radio, saying that investigations of historical sexual abuse were a waste of money. His exact words, Mr Speaker, were
“spaffed money up the wall”,
“spaffed” being a well-known colloquialism for ejaculation.
I represent a constituency where many survivors of sexual abuse at the hands of the predatory paedophile Barry Bennell live. I represent a constituency where men such as Gary Cliffe and Steve Walters, and many others, spoke about the abuse that they suffered, which resulted in the imprisonment of Barry Bennell. They did so after decades of struggle in dealing with the shattering consequences of being abused. I represent a constituency—
“In an independent Scotland, all of you will be hanging and we will be there at the front cheering on.”
They also said:
“I can’t wait to come and drag you from this office and get you to the noose.”
My member of staff was on her own. If she were here now, she would say that she was a tough St Ninians woman who was happy to take them on, but she should not have to do that. May I ask for your guidance on what we can do in this House to ensure that everyone is as respectful as possible, both in this place and on social media, and what can be done to help the security of our staff in constituencies?
Contains Parliamentary information licensed under the Open Parliament Licence v3.0.