PARLIAMENTARY DEBATE
Leaving the EU: Business of the House - 12 June 2019 (Commons/Commons Chamber)
Debate Detail
I want to begin by picking up on a few of the points that the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) made in his opening remarks. The first passage of his speech covered what the motion does not do. He set out that it does not cover the legislation that it would unlock—it does not cover the substance, and it does not cover the form. So often in our exchanges at the Dispatch Box, he tells me how much he does not like a blind Brexit, and yet what we have before the House is, in essence, a blind motion. He devoted his opening remarks to the extent to which this is a blind motion, for it does not contain the detail on the basis of which the House will decide.
Interestingly, in the context of the Conservative leadership election, the right hon. and learned Gentleman went on to point out that a new Prime Minister would be limited—they would be unable to go to Brussels to secure a change of substance to the backstop—and yet his position is that a Labour Prime Minister would be able to go to Brussels to secure that. Within his remarks, one can see the contradictions inherent in the motion.
Let me deal with the substance of the motion. Section 1(b) gives precedence to any motion from any individual MP over Government business, and section 1(c) states that it is for you, Mr Speaker, to decide whether that motion is brought before the House over other motions. In essence, sections 1(b) and 1(c) say that an individual MP and the Speaker—two Members of the House—can override Government business. That is the effect of the motion. It puts in the hands of just two Members of Parliament the decision on which business takes precedence. That is what the text of 1(b) and 1(c) says.
Let me return to the text of the Opposition day motion, whose scope is virtually unlimited for business in relation to the UK’s withdrawal from the EU. Almost all aspects of our national life fall within that scope. Potentially, an individual Member could table a motion and it would be Mr Speaker alone who would determine precedence.
Will my right hon. Friend move to the main point? Is he actually prepared to defend a situation where a new Prime Minister wishes to pursue a policy for which he or she knows there is no majority in the House of Commons? Does he believe it should be possible for that Prime Minister to prorogue and send away Parliament until he or she has exercised dictatorial powers to put the policy in place? That, I think, is plainly totally contrary to our constitution, and I do not see how any parliamentarian could possibly defend such a possibility.
The hon. Lady obviously did not want to deal with the text before the House, but let me consider what constitutional experts have said. Philip Cowley, professor at Queen Mary University’s School of Politics, said that taking the Order Paper outside the Government’s control would be
“one of the most fundamental shifts in the relationship between the government and parliament.”
[Interruption.] Opposition Members chunter, “We have already done this.” Yes, but let us look at how effective that was. When it was done by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), it was justified on the basis of her concern about the imminent risk of no deal. The constitutional advice from people such as Philip Cowley and Vernon Bogdanor, professor at King’s College, London, who warned about the actions at the time, saying that they were “unconstitutional”, was overridden because, we were told, the risk of no deal merited that emergency legislation.
We were told last time that the European Union (Withdrawal) Act 2019 had to be passed in a day in an unprecedented manner to stop no deal. Yet, Lord Pannick, when debating the measure, said that
“the restrictions on the Prime Minister’s powers...may cause a no-deal exit”—[Official Report, House of Lords, 8 April 2019; Vol. 797, c. 405.]
That was the premise of the amendments tabled by Lord Pannick and others. The ultimate irony is that, first, we had a situation whereby emergency legislation passed in haste had the opposite effect to what was intended, and secondly, we were told that, to stop something unconstitutional, we needed to embrace parliamentary procedure that the constitutional experts said was unconstitutional.
“We have been driven to this only in an extreme emergency”.—[Official Report, 27 March 2019; Vol. 657, c. 342.]
That related to timing. Yet is difficult to say that there is “an extreme emergency” if the next Prime Minister is the candidate that my right hon. Friend supports.
“If we as a House are going to be asked to hand over day after day, we should know what we will be asked to vote on during those days.”—[Official Report, 1 April 2019; Vol. 657, c. 809.]
It is the nature of what the House is being asked to support today that is the issue: the concentration of control in a motion from an individual and the Speaker together; the fact that the scope is potentially so widespread; the fact that it is at odds with the manifestos on which both main parties stood. In essence, the problem is that the motion is an attempt to circumvent some of the internal tension in the Labour party that is best played out in its next conference rather than through a decision of this House. I agree with my hon. Friend the Member for Basildon and Billericay (Mr Baron). We heard from the right hon. and learned Member for Holborn and St Pancras what this is really about: it is to say that the Government cannot control the Order Paper. It is, therefore, a way to get rid of the Government. I ask my colleagues to be mindful of that when they cast their votes.
Let us forget the cries of democratic and constitutional outrage at the very idea that Parliament should decide what Parliament is going to discuss in the future. As my hon. Friend the Member for Airdrie and Shotts (Neil Gray) pointed out, there are very successful and highly regarded Parliaments not too far from this one where Parliament sets the business, and that seems to work perfectly well. The constitutional experts say it is a bad idea. I wonder what the predecessors of those same constitutional experts thought of the “ridiculous” notion that women should be allowed to vote and sit in this Parliament. No doubt they were telling us that that was a dangerous precedent, too.
I will tell you, Mr Speaker, what would be a democratic and constitutional outrage. It would be an outrage for any Government, either through deliberate malice or sheer incompetence, to plunge us into a disastrous no-deal Brexit against the interests of our four nations, against the will of Parliament, and now, since 23 May, quite clearly against the will of the people. It would be an outrage for the expressed will of 62% of the sovereign citizens of my nation to be cast aside as if they neither existed nor mattered. It would be an outrage if 3 million citizens on these islands saw their basic rights curtailed and undermined as a result of a flawed and corrupted referendum that they were banned from participating in.
All those outrages would pale into nothing, however, compared with the outrage if the first act of a Prime Minister, appointed in an election in which less than one quarter of 1% of the population was allowed to take part, was to abolish this Parliament and reinstate it only when it was too late for us to carry out the duty for which we were elected: the duty of pulling our four nations back from what everyone in this Chamber knows would be an economic and social catastrophe.
Why would a no-deal Brexit be so bad? Let us look at what some of the key drivers of the UK economy have been saying recently. Sydney Nash, from the Society of Motor Manufacturers and Traders, said:
“For the automotive sector, no deal is simply not an option. Hearing politicians promote a no deal does not fill any of our companies with confidence nor does it fill international investors with confidence. Our strong desire is that no deal be taken off the table.”
Seamus Nevin, at Make UK—many Members will know it better by its previous name, the Engineering Employers Federation—said:
“Our members are quite blunt, they say that a no deal scenario would be nothing short of an act of economic vandalism”.
Tim Rycroft, at the Food and Drink Federation said:
“No deal is something our members are most unanimous about. 45 % say no deal would lead to redundancies.”
Nick Van Westenholz, director of EU exit and international trade at the National Farmers Union, said:
“No Deal would be disastrous for some sectors…It is frankly worrying that that we see it being put forward as a plausible scenario to leave without a deal in October.”
Those are not choice quotes from selected commentators that I have picked up over the last three or four years. All those things were said today, in this Parliament, in evidence to the Brexit Select Committee just over six hours ago. That is what these major economic drivers are saying right now. It is about time the Government and some of their Back Benchers were prepared to listen.
We already know from previous work done by the Confederation of British Industry and others that the financial cost to Scotland of a no-deal Brexit is more than the entire amount we spend every year on our precious national health service. Up to 100,000 people could lose their jobs, although in this place, some people seem a lot more concerned about who is going to get one job than about who is going to lose the other 100,000.
There was a bit of protest from Conservative Members when I said that a no-deal Brexit was against the clearly expressed will of the people, but it is true. In a democracy, one of the key ways that we find out the will of the people is through the ballot box. For nearly three years, we knew that about 17.5 million people wanted to leave the EU, but none of us knew or had any right to assume what kind of Brexit they wanted. I cry shame on all those who had the arrogance to think that they knew what the 17.5 million people wanted.
We still do not know what Brexit they all want, but thanks to the EU elections on 23 May, we know what they do not want, because the same people who voted in 2016 to leave the European Union decisively rejected the parties whose manifestos consisted of a no-deal Brexit. This was the first time that people had ever been given the chance to turn out and vote decisively for a no-deal Brexit, and even those who voted leave avoided the no-deal parties in their millions: 34%—barely one in three—of leave voters supported the no-deal parties. Of the 17.4 million people who voted leave, 11.5 million refused to vote for hard, no-deal Brexit parties on 23 May.
The people had the chance to vote for no deal and chose not to. We can no longer say that pursuing or being willing to allow a no-deal Brexit is the will of the people. The people spoke on 23 May just as firmly and decisively as they did in June 2016. Those who, for the last three years, have been telling us that we have to listen to what people said in June 2016 better start listening to what people said in May 2019, because it was not just about the failure of the no-deal Brexit parties to get anything like a majority of support. The parties who were unambiguous in saying that they were standing on a manifesto of “Stop Brexit”, without exception, had record-breaking successes. The SNP had our best ever European election result, as a result of which, I am proud to say, my good friend Alyn Smith is president of the European Free Alliance and is likely to become the vice-president of a group that has almost 50% more MEPs than the one that Mr Farage wants to lead. Plaid Cymru had its best ever European elections, as did the Liberal Democrats and the Alliance party in Northern Ireland. The Greens managed only their second best ever, but it is 30 years since they were anywhere near the vote that they got this time. Meanwhile in Scotland, the Tories went into these elections telling people in Scotland to send a message to Nicola Sturgeon; I can confidently say that Nicola Sturgeon has got the message.
The purpose of today’s motion is to force the Government to do what any rational, sane and democracy-respecting Government would already have done. We are trying to force the Government to give Parliament a choice and give direction to a Government who are leaderless, rudderless, drifting and utterly lost. The motion is designed to give Parliament a chance to stop a no-deal Brexit, and to stop what would in effect be the non-military coup against Parliament that some would-be Prime Ministers are already openly advocating.
In January, in March and in April 2019, this Parliament voted to take no deal off the table. On 23 May, the people made it clear that they want no deal taken off the table. This morning, some of our most important industries pleaded with us to take no deal off the table. Our duty could not be clearer: whatever our individual views on the European Union might be, it is time to get no deal off the table, and we can start that process by supporting the motion today.
The first issue to which I want to respond is the procedural point that the Secretary of State wisely tried to retreat into, citing a few constitutional experts saying how outrageous it is for the House of Commons to try to take control of the Order Paper. Indeed, that very rarely happens but, with great respect to much more distinguished experts than me, such as Vernon Bogdanor, we have already demonstrated once that procedures already exist, which can be used—as they were by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper)—in very exceptional circumstances, for the House as a whole to take command of a day’s business. Of course, the reason it did not happen for many years is that most Governments have had a comfortable majority on every conceivable subject, so there was not the faintest prospect of their losing control of the Order Paper and nobody challenged them. However, we are in exceptional times and the precedent we have already created is a perfectly valuable one.
This cannot bring down the Government. Of course, if the Government are defeated, it will be open to someone to bring a motion of confidence tomorrow. However, at present, the Government would carry a motion of confidence, so all we are doing—the majority of the House, if we do—is insisting that we want to bring some clarity to the present debate, and I would say some sanity. We want to give some reassurance to people in business up and down the country who are very worried and take the opportunity again to rule out the idea of leaving with no deal. We certainly want to rule out the idea of proroguing Parliament indefinitely, so that the Prime Minister of the day can run a semi-presidential system for a bit and put in place what he or she wants, without any parliamentary majority.
This is not a great threat to the constitutional foundations of the country. This does not actually threaten the future stability of Governments. and I am sure that, if we were in opposition, we would be supporting it without the slightest demur.
In fact, when we were in opposition, David Cameron asked me to chair a committee to advise him on a lot of constitutional issues—with Sir George Young and Andrew Tyrie, who have now moved on to the upper House, and others—and to make recommendations. We actually advocated, and David Cameron in opposition accepted, that we should give the House more control over the business of the House. We started, eventually, this business of the Backbench Business Committee determining the business of the House for a day.
In office, we took a slightly different perspective. I am afraid that was then reduced to the Backbench Business Committee producing harmless motions and the Government never voting on them, with only one-line Whips. In my opinion, one day, there might be a Government and a Parliament so adventurous as to contemplate giving more control to the House as a whole over its own business. However, this Parliament seems to prefer to get steadily weaker, rather than stronger, and I do not think that day has yet dawned. At this stage, as that is all I am going to say on the procedural point, I will give way.
It is now argued by many people that this Parliament has no powers, really, except when it is passing legislation, and I think that that is what is contemplated here. Unless a statute is passed to change the law, the Government can regard motions in Parliament as a mere expression of opinion. I regard that as nonsense; I regard it as dangerous nonsense; and the sooner it is shot down the better. It has emerged in the last two or three years precisely because Parliament is fragmented: both parties are shattered on several policies, so people are trying again to get round the problems.
Parties form a Government when they can command a majority in a vote of confidence. They can then only pursue policies for which they have a majority in the House of Commons, and continue to have a majority in the House of Commons. It is preposterous to start reinterpreting our unwritten constitution on the basis that no one ever intended that the Government should have to abandon a policy on which it is defeated in the House of Commons. That is complete nonsense. The worst thing to do—because one of the candidates at least fears that she would be defeated if she pursued her policy—is to send Parliament away and have no Parliament at all. I think that I have already made clear, in an intervention, my views on the Prorogation point. I think that the sooner the House makes this clear, takes a day to make it clear and to make it illegal to contemplate doing that—and gives Parliament a role to stop it—the better.
Leaving with no deal has, as I recall, been ruled out with increasing majorities on the three occasions on which we have voted on it. With this mad debate going on in the country at the moment, it is obviously high time Parliament reasserted the fundamental basis of what is going on—that there is no majority in the House for no deal. Apart from those who defend the desirability of leaving with no deal, which no one has done in today’s debate so far, I cannot see why people are going to such lengths to resist that.
The Government’s policy, for which my right hon. Friend the Secretary of State speaks, is to oppose leaving with no deal. I agree with him that we can say to the Opposition, “Well, we had a deal and you would not let it go through.” I supported the Prime Minister’s latest attempt to surround that deal with suggestions that I think should have been supported by Opposition Members who agree with my hon. Friends and me on a soft Brexit. I have an eccentric view that they would have been supported.
We have all constantly been attending plotting meetings. I have attended meetings at which Labour Members were agreeing to vote for the Second Reading of that Bill. What we were plotting was what amendments we would pass to put in improvements and safeguards. That could have prospered, but I am afraid that the Prime Minister preferred to do all her dealings, all the way through, with the members of the European Research Group. She always made concessions to them and eventually they told her that she had to go, so she said she was resigning. So we are now in this position.
I personally believe—it may be an eccentric belief—that the Prime Minister could have secured a majority for the deal as she had finally modified it, in an attempt to get cross-party support. It is obvious that the deal that we all need will only be achieved by any Prime Minister when we face up to the need for cross-party support to get around the party divisions. Both parties must accept that a minority will rebel against any deal that comes forward, but we could probably get a majority of the House to vote down the Labour left and the Tory right and actually pass something that is in the national interest. That, I think, is the main objective that really lies behind today’s debate. To listen to all these arguments about why, for pedantic procedural and textual reasons, we should reject it is, I am afraid, to take—not for the first time—a rather bizarre perspective on the huge and historic events in which we are involved. The House really has to take some control.
My final point is this. It might even improve the quality of the leadership debate that is going on in my party—and it needs to be improved—if we forced some reality into the exchanges between the extremely distinguished candidates who are vying for the privilege of being the next Prime Minister.
Fingers have been pointed at the right hon. Member for Esher and Walton (Dominic Raab), who is not present. He is probably not alone in advocating Prorogation as a solution to this problem, but actually he has done us a favour and we should be grateful to him for highlighting a risk that might not otherwise have been apparent. I believe the real risk here is that one of the mainstream leadership candidates, having made unqualified commitments to remove Britain from the EU by 31 October, encounters the same arithmetic as his predecessor and encounters the constraints of the withdrawal agreement and, to avoid the humiliation of the present Prime Minister, feels obliged to resort to drastic action. That is the risk that we face and I am grateful to the right hon. Member for West Dorset for starting a process of providing a necessary safety valve.
It has already been agreed that we do not want an extensive review of all the arguments for and against no deal. They have been endlessly rehearsed and we will get plenty of time to rehearse them again. But in the few minutes I want to take, it is worth drawing attention to a couple of recent developments that underline just how dangerous that concept is.
We have just had a visit from President Trump, who has reminded us about the instability of the world trading system. Those who advocate leaving without a deal place their faith in something called WTO rules. We now know that these WTO rules are worthless. The President of the United States attaches as much value to the WTO as he does to the European Union. He wants to destroy it. He is undermining it. He is failing to provide judges to dispute panels, which no longer work. So WTO rules are not worth the paper they are written on. That is the world into which the extreme advocates of no deal want to plunge the United Kingdom.
The other point, which is highly topical, relates to the leadership competition within the Conservative party and the various fiscal bounties that are being offered to us. I suppose that, as an ageing pensioner on a high income, I should be deeply indebted to the right hon. Member for Uxbridge and South Ruislip (Boris Johnson) for thinking about me when he formulated his tax policy, but actually he is one of several candidates who threatens to blow a very large hole in the Chancellor’s provisions to deal with a no-deal Brexit.
It could be argued that the Chancellor is excessively conservative. None the less, he is sufficiently prudent to be aware that a no-deal Brexit will do significant harm to the economy and to fiscal receipts and that there has to be some reserve provision. However, we now enter a period of danger in which that reserve could well be blown on promised tax cuts. Among the many adverse consequences of a no-deal Brexit—not just those we are familiar with around the supply of drugs, the shock to trade and the impact on the economy—is a serious fiscal crisis leading in turn to currency devaluation and other economic consequences.
We will no doubt debate many times the consequences of no deal, but the risks are becoming more and more apparent. We should be grateful to those who anticipate those dangers and seek to prevent us from getting anywhere near them.
First, almost everyone who has spoken has agreed that it would be wrong for the UK to leave the EU without a deal, without Parliament having the chance for a decisive vote. We have no way of telling in advance how that vote would go, or whether Parliament would have an alternative. It has rightly been pointed out that without an alternative we could not prevent no deal from occurring, and it also is questionable whether there would be a majority for any alternative. However, almost everyone has agreed that we need to leave open the option for Parliament to make its mind up in such a decisive vote.
It has been pointed out repeatedly that one possible means of preventing such a vote is a Prorogation. I am indeed concerned about that, but I accept that we might be in luck and have a Prime Minister who does not seek to use that route. However, I want to draw hon. Members’ attention to a point that has not come out so far, which is that Prorogation is not by any means the only way in which an incoming Prime Minister who was determined to leave with or without a deal—as many have put it—could avoid having a decisive vote. They would not need to go to the lengths of Prorogation; in fact, they would not need to do anything. If they introduced nothing to the House of Commons to give us an opportunity for such a vote, the House would not, in the absence of this motion and what follows it, have any such opportunity.
The point I am trying to make is that it is not necessary to prorogue to prevent a vote. The incoming Prime Minister would simply need to avoid taking any action. In those circumstances, we would leave on 31 October, and only after that would we need emergency legislation to catch up with the fact that we had left—
We would then all be forced to vote for that emergency legislation because we could not possibly leave the country exposed to the fact that it had left without a deal and without due legislative preparation. So it is perfectly possible for an incoming Prime Minister to avoid any decisive vote unless we force one, and that is the purpose of reserving the day.
My second point relates to that, and again I do not think it has fully come out in the debate so far. My right hon. Friend the Brexit Secretary has said that there is no reason to act now because there is no emergency—we are not facing immediate withdrawal without a deal, as we were when the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) and I put forward measures to prevent that and to ensure that we sought an extension—and of course he is right: we have until 31 October. That sounds like a long way away, but in parliamentary terms it is not. If we do not do these things now and on 25 June, and in the House of Lords thereafter, and if we do not have in place a process that leads to forcing a decisive vote in this House in early September on whatever the new Prime Minister puts forward, there will be no legislative time to do this, because the House traditionally sits for only two weeks in September and a couple of weeks in October.
That is well known to incoming Prime Ministers, and all the candidates are filled with sagacity and understanding of Parliament, so they will know perfectly well that they only have to occupy four weeks with doing nothing and we will be out. So, although it is not a fast-burning fuse, it is a bomb, and the fuse is already burning. If we do not put the fuse out now, we will not be able to disassemble the bomb in September or October.
That is why it is wrong to say that this proposal is premature. It may be right or wrong to vote for this motion this evening, but it is the only time we are ever going to get, and I hope that my hon. Friends and Opposition Members who are wavering about whether to support it recognise that they will have to look back if they do not support it now. If we fail, as we may well do this afternoon, they will have to look back on that as the direct cause of, in all likelihood, our leaving on 31 October without a deal. It is because I do not wish to have that on my conscience that I have taken the uncomfortable step of signing a motion that has at the head of it the name of the Leader of the Opposition, whose party I do not follow and with whose policies I generally profoundly and radically disagree. However, this is an issue so important that it transcends party politics, and I owe it to my fellow countrymen to ensure that we do not descend into a no-deal exit without Parliament having had a decisive vote.
For each of us, however, there comes a moment and an issue that demands that we put such concerns to one side and do the uncomfortable thing, because we know that our constituents’ best interests demand it. I do not believe that any hon. Member with a concern for the welfare of sheep farmers or for people working in car factories will be able to look them in the eye after a no-deal Brexit has led to the decimation of Britain’s lamb exports and the destruction of thousands of highly skilled and well-paid manufacturing jobs. That is surely reason enough to support the motion today.
The other group for whom today’s vote is hard is Labour Members who represent constituencies that voted by a clear majority to leave the European Union. They feel that they are duty bound to ensure that the UK does leave the EU and are worried that a vote for today’s motion will be misrepresented as an attempt to block Brexit. My constituents voted the same way, and I feel the same obligation, but today’s motion does not block Brexit—not even close. Today’s motion would secure an opportunity to debate a Bill on 25 June, so that Parliament, as my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) said, can vote in September on the new Prime Minister’s plan for Brexit.
If my old friends on the Conservative Benches, the true champions of one nation, and my new friends on the Labour Benches, the representatives of thousands of decent leave voters in the midlands and the north, find a way to support today’s motion, much more than a day of the Order Paper will have been won: this House will have seized the chance to defend its rights and freedoms against an arrogant Executive hellbent on implementing an extreme policy; the British people will have been given the opportunity to slow their leaders’ lemming-like rush towards a no-deal Brexit; and the world will have been given reason to believe that the psychodrama of the Tory party’s leadership contest does not define us as a nation, that Britain has not taken leave of its senses and that the House of Commons is a place in which grown-ups come together to take responsibility for securing the future of our country.
What I can say, however, is that this is, as I said earlier, an open-door motion. It opens the door for any Bill, of any kind, to take precedence over Government business, which is inconceivable as a matter of constitutional convention. I put it to the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) that the reality is that there is not a single constitutional authority he could cite to disprove the proposition I have put not just once over the past six months to a year on this very question, which is that our constitution operates on the basis of parliamentary government and not government by Parliament.
For practical purposes, there is no other way to interpret what may be in the pipeline. We all know that, and I do not know why we need to be coy. It is perfectly clear that this is an attempt by the Labour party to make political capital during a leadership election, and I do not blame it for having a shot at that. However, it is utterly irresponsible to use this procedure in a way that would enable the unwinding of the law of the land, as expressed in an Act agreed on the basis of a referendum that was itself dependent on the authority of a sovereign Act of Parliament to give the people the right to decide whether they were to leave or to remain in the European Union. That was passed in this House by six to one. It was then followed by the European Union (Notification of Withdrawal) Act 2017, which was passed by some 499 to 120.
With great respect to my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), we now move on to the European Union (Withdrawal) Act 2018. I very well remember what he said to me as we were coming to the Third Reading of that Bill, and I do not think he would disagree with this fair description of our conversation. He said, “You know, I’ve never actually voted against a provision of this kind before. I’ve never voted in a way that would be against the interests of what I perceive to be the European Union and its objectives.” I understand that, because he has been totally consistent, and I respect him for that. But the reality is that he did vote for that Bill on Third Reading and so did every other Member on the Conservative side.
The phantom Bill is all about attempting to unravel all that, although we have not yet seen the wording. We did see it before when we had Bill Nos. 1, 2, 3, 4 and 5, which ended up with the one that was passed by a minuscule majority. This is an attempt to unravel the process. I understand why people might want to do that, but the question is one of legitimacy. I also add that the role of the House of Lords in this context is completely unacceptable, as it has no legitimacy whatsoever to deal with a matter of this importance, given its unrepresentative character; the House of Lords is not elected, and this is essentially an issue about the election of Members of Parliament and the wishes of the electorate. That is what the referendum Act was about and it was what the manifestos were about.
I also take the gravest exception to what is being done by some Conservative colleagues who voted in line with the Government’s policy in the manifesto to pass enactments that led to our ending up with the withdrawal Act, which I happen to have drafted in its original form, early in 2016. To have that completely undermined and unwound by their reversing their votes is completely unacceptable. It is unacceptable for people to vote for a vast and important question of this kind and then to unravel it completely by subsequent manoeuvres, including the use of phantom motions and phantom Bills. I believe very strongly that that is unacceptable. It is completely inconsistent with our constitutional role as the mother of Parliaments. It is inconsistent with every single aspect of our constitutional conventions, and therefore as far as I am concerned the motion should not be passed.
It would be unwise—I will go further and say it would be a disgrace—for Members who voted for the withdrawal Act to turn around and say, “But we’re going to try to reverse it” on the basis of a Bill that does not even exist at the moment yet about which they have prattled on right the way through these proceedings.
First, I thank my Front-Bench colleagues, my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) and my hon. Friend the Member for Darlington (Jenny Chapman), who has listened with distinction to every complaint I have had about the Labour party’s Brexit process over the past two years and has done so with good grace and a smile on her face, which is difficult when talking to me.
I very much enjoyed the speech by the hon. Member for Grantham and Stamford (Nick Boles). He said that representatives of constituencies like mine have to be able to look their constituents in the eye when it comes to manufacturing jobs and the viability of the traditional industries, but I fear we have already passed that point. I have been asked time and again by the British Ceramic Confederation and those in the ceramics industries to vote for a deal. They have asked me to vote for a deal so that they can make preparations for the future. Food manufacturers in my constituency have told me that they need me to make a decision so that we can get past stockpiling. They have told me time and again that they need a resolution.
Although I understand exactly what the hon. Gentleman said, I have not done it: on the three occasions when the opportunity presented itself to me, I have not voted for a deal. The most recent time, on 29 March, I followed my party line and would not support the deal that was put in front of me. I made a mistake: on that day I should have voted for a deal. I will now vote for a deal if one is brought forward, because it is inconceivable that we can continue with this line of debate in which we seek to make the decisions that we want to make and avoid making the decisions that we have to make.
I do not object to the content of the motion, but I will not be voting for it. I shall abstain and withhold my vote, but not because I believe that no deal is something we should play with or that no deal is acceptable. I have voted continually to prevent no deal—I have ruled it out and taken it off the table—but in doing so all I have actually done is make the table longer and put it further away. Delaying Brexit does not stop no deal being the ultimate default endpoint; it just pushes it further into the future.
We do not have a European Commission until 1 November, so any talk of renegotiation and future deals is completely pie in the sky. As many leadership candidates can talk about that as they wish, but by the point that the new Commission is available to endorse any changes, the date on which we exit will have passed. The choice that faces this House is not more parliamentary procedure and chicanery to quell our souls and let us feel we have all done the best we could to prevent no deal. We have to make the simple choice that is in front of us: do we want a deal or do we wish to revoke? If the answer is to revoke, the House can make its views known—there are plenty of mechanisms for doing so.
If the answer is to support a deal, I say to members of my own party that we will have been responsible for a no—
We will be responsible for a no-deal Brexit by default, because of our inability to make a decision. That will not be helped if we allow ourselves today to be drawn down this route, with a two-clause Bill that brings us towards a date in September when something might come forward.
The fact is that there is a deal. It is not a great deal, but it is what we are presented with. We can make decisions only on things that are presented to us. Until we face up to that, instead of messing around on what we want to do, we will make no progress, and my manufacturing constituents may be at the mercy of no deal. That will be the responsibility of everybody in this House who refuses to decide between the deal and revoking.
My right hon. Friend the Secretary of State produced a series of obfuscatory facts that entirely glossed over the reality, which is that the Government can control the Order Paper between now and 31 October in a way that allows them to take us out of the EU with no deal, if an incoming Prime Minister—my right hon. Friend is in no position to speak for them—chooses to do that. That is the reality facing the House.
Throughout this whole unhappy business of Brexit, I have tried to ensure a process that avoids chaos. I say this to my hon. Friends on the Conservative Benches: if we get to a point where a Prime Minister is intent on taking us out of the EU with no deal, the only way of stopping that Prime Minister will be to bring down their Government. I have to say here and now that I will not hesitate to do that, if that is attempted, even if it means resigning the Whip and leaving the party. I will not allow this country to be taken out of the EU on a no-deal Brexit without the approval of this House, and without going back to the country and asking it if that is what it wants.
I desire the best for my party as a loyal member of it, and this is probably the last opportunity for a sensible way of influencing the outcome. Of course it is imperfect. The truth is that we need a hook on which to hang a Bill, so it was inevitable that the wording would be as it is today. There is no other way of doing this. It might be nicer if there were, but there is not. That, quite plainly, is the choice. I was elected Member of Parliament for Beaconsfield to represent my constituents’ interests. No deal is not in their interests, nor is there the smallest shred of evidence that there is a majority for that chaotic and appalling proposal, yet I have to face up to the fact that some people who wish to lead my party appear to believe that it is a viable option—indeed, appear to believe that they cannot become leader of the party if that is an option that they are not prepared to put forward. That is all part of a process, I am afraid, of further deceit, which is slowly swallowing up democracy in this country and the reputation of this House.
I shall support the motion. I disagree on most things with the Leader of the Opposition, and I disagree fundamentally with every tenet of his philosophical outlook, but this is the only opportunity we have. I will not say to my children and grandchildren, “When it came to it, I just decided to give up.” I will not do that.
I see us heading towards a final choice between no deal and revocation, but in the absence of that choice being before us today, the modest measure that we are debating gives us a chance as a Parliament to have an insurance policy against careering off into the catastrophe of no deal. A newly elected leader of the Conservative party with no democratic mandate from the country and no majority in Parliament might manipulate the way in which this House works to deny us the chance to express what we have already expressed clearly: there is no majority in this Parliament to take this country out of the European Union without a deal. To me, that is a modest proposal.
Members of the Conservative party opposed to this modest insurance policy describe it as a constitutional outrage that this Parliament should seek to ensure that the country is not driven off the cliff of a catastrophic no-deal Brexit. In seeking to put aside one modest day of debate, to try to pass a Bill—which would need a majority in this House and to get through the House of Lords—to prevent that scenario, they suggest that we are somehow upending years of constitutional propriety.
I would listen to such self-serving arguments with far more patience had we not had a Government who have spent the past few years disregarding all sorts of constitutional propriety in how they have run this Parliament: gerrymandering the number of people on Select Committees, wilfully ignoring Opposition motions and finally refusing even to participate in votes, and being quite happy to ride roughshod over centuries of constitutional convention for their own aims. They then get themselves in a lather about the very modest motion that we are debating.
In the interests of the economic prosperity and security of this country, we have to prevent the Government party and any new Prime Minister behaving like a latter-day Charles I, seeking to govern without this Parliament. If we have to do that by using a modest Bill, that is the least we can do. There is no way, for the legitimacy of what we do in the future, that this Parliament must allow a Government without a majority and a new Prime Minister who does not have a direct electoral mandate to cause a no-deal Brexit without referring this back to the people.
There is only one way, in the end, of solving the constitutional issues facing us, and that is through either a general election or another referendum. In any case, it is the people who must decide how we go forward. We are not going to allow any newly elected head of the Conservative party to take that decision away from the British people. That is why I support the very modest change before us today to put that insurance policy on to the statute book.
All I want in order to be able to oppose this motion today is someone from the Front Bench, or someone else, to tell me when I, as a Member of Parliament, can stop two nonsenses: first, the dishonest and inappropriate method of using proroguing Parliament to stop me having a say on the Brexit situation; and secondly, no deal. If they will give me a time when that can take place between now and the end of October, I would be very delighted to oppose the Opposition motion today.
Question put forthwith, That the Question be now put.
Question agreed to.
Main Question accordingly put.
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