PARLIAMENTARY DEBATE
European Council - 25 March 2019 (Commons/Commons Chamber)
Debate Detail
“fundamentally different—not different in terms of wording, but different in terms of substance”.—[Official Report, 18 March 2019; Vol. 656, c. 782.]
I explained that, as a result, some right hon. and hon. Members were seeking further changes to the withdrawal agreement, and I requested a short extension to the article 50 process, to 30 June. I regret having to do so—I wanted to deliver Brexit on 29 March—but I am conscious of my duties as Prime Minister to all parts of our United Kingdom and of the damage to that Union that leaving without a deal could do when one part of it is without devolved government and unable, therefore, to prepare properly.
The Council formally endorsed the legal instrument relating to the withdrawal agreement and the joint statement supplementing the political declaration. This should increase the confidence of the House that the backstop is unlikely ever to be used, and would only be temporary if it is. But the Council also reiterated, once again, its long-standing position that there could be no reopening of the withdrawal agreement. So however the House decides to proceed this week, everyone should be absolutely clear that changing the withdrawal agreement is simply not an option.
Turning to extending article 50, this has always required the unanimous agreement of the other 27 member states. As I have made clear before, it was never guaranteed that the EU would agree to an extension—or the terms on which we requested it—and it did not. Instead, the Council agreed that if the House approves the withdrawal agreement this week, our departure will be extended to 11 pm on 22 May. This will allow time for Parliament to pass the withdrawal agreement Bill, which is legally necessary for the deal to be ratified. But if the House does not approve the withdrawal agreement this week, our departure will instead be extended only to 11 pm on 12 April. At this point, we would either leave with no deal, or we would
“indicate a way forward before this date for consideration by the European Council”.
If that involved a further extension, it would certainly mean participation in the European parliamentary elections.
The Council’s conclusions were subsequently turned into a legal decision, with which the UK agreed and which came into force last Friday. So although the Government have today laid a statutory instrument, which will be debated later this week, to reflect that decision in our own domestic legislation, the date for our departure from the EU has now changed in international law. Were the House not to pass the statutory instrument, it would cause legal confusion and damaging uncertainty, but it would not have any effect on the date of our exit.
I continue to believe that the right path forward is for the United Kingdom to leave the EU with a deal as soon as possible, which is now on 22 May, but it is with great regret that I have had to conclude that, as things stand, there is still not sufficient support in the House to bring back the deal for a third meaningful vote. I continue to have discussions with colleagues across the House to build support, so that we can bring the vote forward this week and guarantee Brexit. If we cannot, the Government have made a commitment that we would work across the House to find a majority on a way forward.
The amendment in the name of my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) seeks to provide for that process by taking control of the Order Paper. I continue to believe that doing so would set an unwelcome precedent, which would overturn the balance between our democratic institutions, so the Government will oppose the amendment this evening. But in order to fulfil our commitments to the House, we would seek to provide Government time in order for the process to proceed. It would be for the House to put forward options for consideration and to determine the procedure by which it wished to do so.
I must confess that I am sceptical about such a process of indicative votes. When we have tried this kind of thing in the past, it has produced contradictory outcomes or no outcome at all. There is a further risk when it comes to Brexit, as the UK is only one half of the equation and the votes could lead to an outcome that is unnegotiable with the EU. No Government could give a blank cheque to commit to an outcome without knowing what it is, so I cannot commit the Government to delivering the outcome of any votes held by the House, but I do commit to engaging constructively with the process.
There are many different views on the way forward, but I want to explain the options as I understand them. The default outcome continues to be to leave with no deal, but the House has previously expressed its opposition to that path, and may very well do so again this week. The alternative is to pursue a different form of Brexit or a second referendum, but the bottom line remains that if the House does not approve the withdrawal agreement this week and is not prepared to countenance leaving without a deal, we will have to seek a longer extension. This would entail the UK having to hold European elections, and it would mean that we will not have been able to guarantee Brexit. These are now choices that the House will have the opportunity to express its view on.
This is the first chance I have had to address the House since my remarks last Wednesday evening—[Interruption.]
I hope we can all agree that we are now at the moment of decision, and in doing so we must confront the reality of the hard choices before us: unless this House agrees to it, no deal will not happen; no Brexit must not happen; and a slow Brexit that extends article 50 beyond 22 May, forces the British people to take part in European elections, and gives up control of any of our borders, laws, money or trade is not a Brexit that will bring the British people together. I know that the deal I have put forward is a compromise—it seeks to deliver on the referendum and retain trust in our democracy, while also respecting the concerns of those who voted to remain—but if this House can back it, we could be out of the European Union in less than two months. There would no further extensions, no threat to Brexit and no risk of a no deal. That, I believe, is the way to deliver the Brexit that the British people voted for. I commend this statement to the House.
The Government’s approach to Brexit has now become a national embarrassment. After two years of failure and broken promises after broken promises, the Prime Minister finally accepted the inevitable last week, voted to extend article 50 and went to Brussels to negotiate. Last week’s summit represented another negotiating failure for the Prime Minister. Her proposals were rejected and new terms were imposed on her. We now have an extension until mid-April, or 22 May, but despite the clearly expressed will of this House, we still face the prospect of a disastrous no-deal Brexit. This is even more remarkable given that the Minister for the Cabinet Office told this very Chamber that
“seeking such a short and, critically, one-off extension would be downright reckless”.—[Official Report, 14 March 2019; Vol. 656, c. 566.]
This failure has been compounded by the Prime Minister’s attempts last week to pin the blame for this debacle on others. It was wholly inappropriate, last Wednesday, for her to try to pit the people against MPs—elected MPs doing their duty to hold the Government of the day to account, which is what Parliament exists for. In a climate of heightened emotions where MPs from all parts of the House have received threats and intimidation, I hope that she will further reflect and think again about making what I believe to be such dangerous and irresponsible statements.
Every step of the way along this process the Government have refused to reach out, refused to listen and refused to find a consensus that can represent the views of the whole country, not just those of the Conservative party. Large parts of our country continue to be ignored by this Government. It is no wonder that so many people felt compelled to march on the streets or to sign petitions over the weekend. Even the most ardent of leavers think that this Government have failed. It is easy to understand the frustration at this chaos—it exists in this House, in Brussels, and across the country.
The Government have no plan. For them, it is all about putting the Conservative party before the country. Given that the Prime Minister has admitted that she does not have the numbers for her deal, will she accept today that her deal is dead and that the House should not have to waste its time giving the same answer for a third time?
The Prime Minister has succeeded in unifying two sides against her deal. The CBI and TUC’s unprecedented joint statement last week demanded a plan B that protects jobs, workers, industry and communities. Does the Prime Minister have a plan B? The Government have failed, and they have let the people down whether they voted leave or remain. The country cannot afford to continue in this Tory crisis. It is time for Parliament to take control, which is why, later today, we will be backing the amendment in the name of the right hon. Member for West Dorset (Sir Oliver Letwin).
You made it clear last week, Mr Speaker, that, for the Prime Minister to bring back her deal, there must be significant changes. There are none. Rather than trying to engineer a way to bring back the same twice-rejected deal, will she instead allow plans—rather than fight plans—for indicative votes? She cannot accept that her deal does not have the numbers and also stand in the way of finding an alternative that may have the numbers. It is ridiculous to suggest that Parliament taking control is “overturning democratic institutions”. It is not; it is Parliament doing its democratic job of holding Government to account. Will the Prime Minister agree to abide by the outcome of these indicative votes, if they take place on Wednesday?
The Labour party will continue cross-party discussions to find a way forward, and I thank Members who have met colleagues of mine and me to have those discussions. I believe that there is support in this House for a deal—one that is based on an alternative that protects jobs and the economy through a customs union, provides full single market access, and allows us to continue to benefit from participation in vital agencies and security measures. If the Government refuse to accept this, we will support measures for a public vote to stop no deal or a chaotic Tory deal.
The Government have had more than two years to find a solution, and they have failed. It is time that we put an end to this, move on from the chaos and failure, and begin to clean up the mess. It is time for Parliament to work together and agree on a plan B. If the Prime Minister is brave, she will help to facilitate this. If not, Parliament must send a clear message in the coming days. I hope that where the Government have failed, this House can and will succeed.
The right hon. Gentleman ended by saying that it is now time for the House to decide. The point is that, up to now, the House has not decided. [Interruption.] Yet again, Opposition Members say that they have not had a chance. The House has had many chances to table amendments. The House has voted twice on the right hon. Gentleman’s plans for the future and rejected them, it has voted to reject no deal and it has also voted to reject a second referendum. The right hon. Gentleman asked whether the Government would commit to abide by the indicative votes. As he accepted, I gave him advance notice of my statement and I then read that statement, in which I clearly said:
“I cannot commit the Government to delivering the outcome of any votes held by this House.”
The right hon. Gentleman the Leader of the Opposition said that it was important that MPs were elected here to take responsibility and make decisions. But the MPs elected to the House at this time have a duty to respect the result of the referendum that took place in 2016. Attempts to stop the result of that referendum being put in place or to change the result of that referendum are not respecting the voters and they are not respecting our democracy.
Finally, the right hon. Gentleman mentioned the fact that a number of people had marched on the question of a second referendum. [Interruption.]
We are in a crisis, but one of the Prime Minister’s own making. Her ill-judged speech before she departed for Brussels concluded that everyone is to blame but herself, trying to put herself on the side of the people and blaming parliamentarians. It was Trumpesque. We do not need such raw populism at a time like this—it is truly flabbergasting. Will she now apologise for blaming parliamentarians in the way that she did?
The Prime Minister needs to be reminded: she is supposed to be leading a country. No one on these Opposition Benches thinks she can deliver. Her Back Benchers do not think she can deliver. People right across the United Kingdom do not think she can deliver. Prime Minister, time is up. Today is about parliamentarians taking back control. People at home are watching, and they are ashamed of this Parliament, ashamed of this Government, ashamed of the embarrassment that British politics has become. Today, Parliament must move to find a consensus. We must come together and protect the interests of citizens across Scotland and all other parts of the United Kingdom. I say to Members: we still have a choice.
I want to ask the Prime Minister now, with all sincerity—will she respect the will of Parliament and reject no deal? While she is telling us that our votes do not count, Privy Counsellors are being given briefings by her Government, and those briefings are talking about catastrophe and the real risks that there are to the United Kingdom. It is the Prime Minister who is threatening the people of the United Kingdom with no deal, and a no-deal exit that this Parliament has already rejected. What is the point of us all sitting in this Chamber and voting in debates when the Prime Minister thinks she can ignore parliamentary sovereignty? What a disgrace—what an insult to this place; if our votes do not count, then frankly we may as well just go home.
If this Prime Minister is telling the people of Scotland that our votes did not count when we voted to remain, well, we know what the answer is: the day is coming when the people of Scotland will vote for independence and we will be an independent country in the European Union. So will the Prime Minister tell us, do our votes count? Are they binding on the Government or is this just a puppet show? If that is the case, this is the greatest assault on democracy inflicted by any Prime Minister. If Members of Parliament are prepared to tolerate that, then shame on them—shame on them. Scotland will not be dragged out of the European Union by this Prime Minister. From the very beginning of this process, Scotland has been ignored, and now we learn that Parliament will once again be ignored.
At the weekend, I was proud and privileged to take part in a historic march in London. I was proud to stand with the people, alongside Scotland’s First Minister, and demand that the Government listen to the people. Let me tell the Prime Minister this: she said that no deal is the alternative; well, we on these Benches will move to revoke, because Scottish parliamentarians have made sure that we have that power, and we will stop her driving us off a cliff edge. Over 1 million people marched to have the chance to vote again to stop this chaos. Prime Minister, why are you not listening? The Prime Minister must end this madness. Put it to the people—let us have a people’s vote.
The former Secretary of State for Northern Ireland, the right hon. Member for Chipping Barnet (Theresa Villiers)—who has great experience, having served for four years in Northern Ireland—has pointed out that Leo Varadkar has made it clear that, in terms of no deal, he is very confident that there will be no border checks. [Interruption.] The Prime Minister shakes her head, but that is what he said. Michel Barnier and Angela Merkel have said the same. The reality is that this backstop problem has been elevated. I would like the Prime Minister’s views on this: why does the EU insist on it when, in the case of no deal, there do not need to be any checks? Why did the Prime Minister ever agree to this backstop in the first place when it is the thing that bedevils her agreement?
Pitching Parliament against the people undermines parliamentary democracy and feeds the far right. Does the Prime Minister regret her use of words last Wednesday?
I was trying to make a very simple point last week, which is that this is a moment of decision for Parliament. We gave the people the choice. The people gave their decision. Parliament needs to deliver on that decision. The time has come for Parliament to decide.
“Any unilateral commitment, statement or other act should be compatible with the letter and the spirit of the Withdrawal Agreement”?
In noting the words “any” and “should” and the tense of this conclusion, does the Prime Minister conclude with me that it would be legally enforceable and allowable for the United Kingdom to give further interpretation on a unilateral declaration to reassure colleagues on our ability to exit the backstop?
“We want to agree a deep and special partnership with the European Union. This partnership will benefit both the European Union and the United Kingdom: while we are leaving the European Union, we are not leaving Europe, and we want to remain committed partners and allies to our friends”.
Does the Prime Minister think that any of the indicative votes that we may be able to cast on Wednesday—aside from the meaningful vote on the withdrawal agreement—will be covered by that manifesto? If so, will she whip us to vote in any particular way?
“I continue to have discussions with colleagues across the House to build support, so that we can bring the vote forward this week and guarantee Brexit.”
The process that will take place in the absence of a meaningful vote and in the absence of agreeing the deal this week will be referred to by the Chancellor of the Duchy of Lancaster in the debate that will take place after this statement, and, of course, there is the amendment tabled by my right hon. Friend the Member for West Dorset (Sir Oliver Letwin), which gives an indication and a timetable that would operate were that amendment to be passed. I will be whipping against the amendment, for the reasons that I set out earlier.
In the meantime, will the Prime Minister confirm that she will indeed table the commencement order so that we can, if we need to, have 12 April as a no-deal departure date? If we do not replace 29 March, we will have no pressure point with which to encourage colleagues to support the withdrawal agreement when it comes back.
I was out in my constituency over the weekend and, as the Prime Minister knows, it is a 70% Brexit-supporting area. Like me most of my constituents are prepared to back her deal when I explain it, imperfect though it is, but fear that there may yet be further concessions. Can she give an absolute assurance that she and the whole Government will not agree to anything that further delays Brexit beyond a few weeks?
“unless this House agrees to it, no deal will not happen.”
So can she confirm that if this House continues, as it has so far, to vote against no deal, she will not seek to take us out of the European Union on 12 April without a deal?
“Unless this House agrees to it, no deal will not happen.”
So what did she mean by that?
“I expressed my frustration with our collective failure to take a decision”.
I do not think that it is actually correct—it was an attack on Members of Parliament doing their job scrutinising the Government at a time when tensions in the country are already heightened and MPs are accused of being traitors. In my constituency, the majority of people who have asked me about this do not want me to vote for the Prime Minister’s deal. So will she now do the right thing and apologise to Members of Parliament for what she said on Wednesday evening?
“Twice we went to the country unchanged, unrepentant, just plain unattractive. And twice we got slaughtered.”
That chairperson is now the Prime Minister. Has the prospect of bringing her rotten deal back a third time made her reflect on those comments?
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