PARLIAMENTARY DEBATE
European Union (Withdrawal) Act 2018: Statutory Obligations on Ministers - 11 December 2018 (Commons/Commons Chamber)
Debate Detail
Put simply, in keeping with the clear intention of the European Union (Withdrawal) Act 2018, the Government will ensure that the question whether to accept an agreement is brought back to this House before 21 January. If Parliament accepts that deal, we will introduce the European Union (Withdrawal Agreement) Bill to implement the withdrawal agreement in domestic legislation.
If Parliament were to reject the deal, the Government would be required to make a statement on our proposed next steps and table a motion in neutral terms on that statement. Following the passing of the amendment to the business of the House motion last week, that motion will be amendable. It is our clear intention that this House will consider the matter before 21 January, and have the opportunity to decide on the deal.
Let me also say this clearly: in the unlikely and highly undesirable circumstances that, as of 21 January, there is no deal before the House, the Government would bring a statement to the House and arrange for a debate, as specified by the law.
I am confident that we will have a deal that the House can support. I hope that the statement puts to rest hon. Members’ concerns about the Government’s commitment to meet the spirit, as well as the letter, of the withdrawal Act, and to respect the will of the House.
No. 10’s official spokesman said this morning that the vote would come by 21 January, and the Minister has said that it will come by 21 January. However, yesterday morning the Secretary of State for Environment, Food and Rural Affairs, who is sitting on the Front Bench, confirmed that the vote was 100% going to happen. Yesterday, at 11 am, No. 10’s spokesperson said that the vote “is going ahead.” By 3.30 pm, the Prime Minister had pulled it.
The Minister’s warm words are therefore not enough, when so much is at stake. Who knows? This goes for the Cabinet and for all Conservative Members, too. None of us knows whether the Prime Minister is going to pull the vote again, or whether she is even going to table a vote on the deal again.
If we get to 21 January and there is no deal, the agreement of Parliament was that the Government should make a statement, that Parliament should be able to vote on it and that it should be amendable. The Minister says that, in the unlikely event that there is no deal, that would happen. However, we need an urgent assurance from the Attorney General that the Government will not find a loophole in this by saying that there is a deal, even though we have not voted on it, and thereby avoiding the requirements of section 13 subsections (7) to (11), which would require a vote by 21 January.
In other words, if the Government never quite get round to offering a vote on this deal until it is too late, but also do not have a vote on no deal, keeping us in limbo—no vote on the deal and no vote on no deal—it would be a constitutional outrage. It would upend the spirit of the European Union (Withdrawal) Act and, much worse, it would either let the country drift or force the country into no deal without a parliamentary vote.
We need written assurances from the Attorney General on the Government’s interpretation of the Act, and we need the assurance that, even if there has been no vote on this deal and even if the Government still claim that the deal applies were there to be no vote on it by 21 January, the Government will still abide by section 13 subsections (7) to (11) and ensure there is a statement and an amendable vote on their plans, including on whether or not this means no deal, and that it will happen, under any circumstances, by 21 January.
I make no apology for my purpose in asking this urgent question. I already think 21 January is far too late for businesses and for Government Departments, which will already be thinking that they have to chuck everything at preparing for no deal. I want to stop this country careering into no deal, either by accident or by the deliberate intention of the Government, with all the damaging consequences for jobs, for prosperity and for our national security, without Parliament having a say and without Parliament being able to stop that happening. Even if other Members do not agree with me in that purpose, I hope that they will agree that this Parliament cannot be ignored, which is why we need the Attorney General’s written advice.
The answer to the right hon. Lady is very clear. We respect the decision made by this House that the Government should come back to the House with a motion in the event that no deal had been agreed or in the event that this House had rejected a deal. That is clear from my statement.
What we are therefore saying is that there will be a motion by 21 January, and I agree with the right hon. Lady—I would much rather it were, and I fully expect it to be, sooner. I fully expect this House to have the opportunity to debate a withdrawal agreement that it is able to support. So let us work together to achieve that, but let us not allow some of the conspiracy theories and the scare stories that have been told about this to run away when I have just clarified the Government’s position.
I wonder whether the Minister can answer the following questions. The Prime Minister’s official spokesperson has reiterated today that the Government will bring back the meaningful vote by 21 January, but is it not completely contrary to the national interest for the Prime Minister to run down another six weeks on the clock when all she is seeking is reassurances and clarification on a document that Parliament already understands? If we are relying on the Government’s word or, to use the Minister’s phrase, “clear intention” that they will keep to the 21 January deadline, rather than the clear force of the law, does he not understand that in this week of all weeks that constitutes no reassurance at all?
Yesterday, the Prime Minister could not properly answer questions about the legal force of the 21 January deadline, and the Leader of the House could not properly answer questions about the legal status and force of the amendment from the right hon. and learned Member for Beaconsfield (Mr Grieve). The reassurance that was just given by this Minister means nothing without the legal backing of the Attorney General, who is not here. Is the truth not that this decision to pull the vote was made in panicked haste, without thinking through the economic, political and constitutional implications for our country?
It has been made clear in the past 24 hours by many member states of the EU, and by Jean-Claude Juncker and Donald Tusk, that there is no question of any meaningful renegotiation. So may I ask the Minister now for a cast-iron guarantee that the initialled deal will be brought back to this House for a vote before 21 January—and if so, on what date? Can he also guarantee that that motion will be amendable? If he cannot give me that cast-iron guarantee, will he look seriously at the possibility of putting this deal to the people of the four nations of the United Kingdom to see whether they want this deal or whether they would prefer to stay in the EU on our current terms and conditions, as the European Court of Justice made clear is possible yesterday?
It seems unlikely that the Prime Minister will get any substantial changes to the withdrawal agreement, so it is beginning to look like she has withdrawn the vote for her benefit, not for Parliament’s benefit. Is it not time to bring back the withdrawal agreement, have the vote and allow Parliament to make a decision? Like the Minister, I do not favour a second referendum. I would like Parliament to reach a conclusion on Brexit.
“If the Government maintains that its political agreement persists, the requirement to make a statement could be avoided.”
That is why Opposition Members are suspicious. Is the Government’s strategy to continue to give us a meaningful vote, or is it instead to run down the clock and, in the face of no deal, in the words of “The Godfather”, make us an offer that we can’t refuse?
This is important not only for everybody in this country, but for the people in Gibraltar. Will my hon. Friend first reassure me that the initial deal still exists as of this moment and is still a legal deal on the table, because that certainty is really important for them; and, secondly, take on board the fact that, for those of us who want to support the deal, the sooner that it is brought back the better, as we wish the Prime Minister well in what she is trying to do?
“a solemn and constitutional duty…to advise it on these legal questions objectively and impartially, and to place such legal expertise as I have at its disposal. The historical precedents strongly support that view. The House may be sure that I shall discharge this duty with uncompromising and rigorous fidelity.”—[Official Report, 3 December 2018; Vol. 650, c. 546.]
The fact that he is not here today to give that legal weight to what the Minister is saying is a concern to all of us who have to go back to our constituents to explain what on earth is happening in this place. Can the Minister therefore confirm that the Attorney General has consulted him on what he has said today, and that he will publish any legal advice that he has given in the light of yesterday’s rulings and what happens on section 13?
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