(5 years, 2 months ago)
Commons ChamberThis text is a record of ministerial contributions to a debate held as part of the European Union (Withdrawal Agreement) Bill 2019-19 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
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I beg to move, That the Bill be now read a Second time.
We come together now, in the very best traditions of this House, to scrutinise this Bill and then take the decision that this country expects: to make the verdict of the British people the law of the land so that we can leave the European Union with our new deal on 31 October.
I of course wish that this decision on our national future had been taken through a meaningful vote on Saturday, but I respect perfectly the motives of my right hon. Friend the Member for West Dorset (Sir Oliver Letwin), although I disagree with the effects of his amendment.
I regret, too, that after Saturday’s vote the Government have been forced to act on the advice of the Cabinet Secretary and to take the only responsible course, which is to accelerate our preparations for a no-deal outcome.
Today, we have the opportunity to put all that right, because if this House backs this Bill and if we ratify this new deal, which I believe is profoundly in the interests of our whole United Kingdom and of our European friends, we can get Brexit done and move our country on—and we can de-escalate those no-deal preparations immediately and turn them off next week, and instead concentrate on the great enterprise of building a new relationship of the closest co-operation and friendship, as I said on Saturday, with our European neighbours and on addressing our people’s priorities at home.
A number of people, before they vote today, will be very concerned about various rights that are enshrined in Europe but might be vulnerable if, and hopefully when, we leave. One of those sets of rights is rights for working people. Will the Prime Minister give an undertaking, so that we have it on the record—the Bill is quite clear—that if the Government agree with enhanced rights for working people that will become the law of the land here, but that if the Government disagree with a single one or a number of enhanced rights he will bring those proposals before the House and we will have the chance to vote to instruct the Government to accept them?
I can of course give the right hon. Gentleman the assurance that not only will this country maintain the highest standards both for environmental protection and of course for workers’ rights, but in the event that this House wishes to have higher standards than those proposed by the EU or if this House wishes to adopt standards proposed by the EU and the Government disagree, there will of course be an amendable motion to give this House the opportunity to have its say. We will ensure that that is the case.
If we pass this Bill tonight, we will have the opportunity to address not just the priorities of our relations with the EU but people’s priorities at home. I believe that if we do this deal—if we pass this deal and the legislation that enables it—we can turn the page and allow this Parliament and this country to begin to heal and unite.
For those, like me, who believe our interests are best served by leaving the European Union and taking back control, this deal delivers the biggest restoration of sovereignty in our parliamentary history and the biggest devolution of power to UK democratic institutions.
I absolutely recognise that people who voted for Brexit did not necessarily vote on economic lines. However, the Government are refusing to publish an impact assessment of this deal. The Prime Minister is expecting MPs to vote for something that we know will damage this country economically, without revealing the impact assessment. What do this Government have to hide?
If I may, I say to the hon. Lady that I understand the point she makes, but she has had an answer, I believe, from my right hon. Friend the Chancellor yesterday. I think it will be clear to everybody that the best way to avoid any disruption from a no-deal Brexit is to vote for this deal today—to vote for this deal to get it done. I think that will unleash a great tide of investment into this country and be a demonstration of confidence in the UK economy. By voting for this deal tonight, we will deliver a powerful, positive shot in the arm for the UK economy, and I hope very much that she will do so.
Once more, under this agreement, British people will be able to live under laws made by representatives whom they alone elect and can remove—laws enforced by British judges in British courts.
The Prime Minister must recognise that the arrangements that he has come to for Northern Ireland precisely do not deliver that for the people of Northern Ireland. Of course, opinion may be divided in Northern Ireland on whether they want that or not, but the reality is that the vassalage clauses—as they have been described by the Leader of the House in the past—will continue to apply to Northern Ireland after the transition has ended for the rest of Great Britain. How does the Prime Minister square that with the recovery of sovereignty promised to the entirety of the British people?
We can square that very simply by pointing out that, yes, of course, there are transitory arrangements for some aspects of the Northern Ireland economy, but they automatically dissolve and are terminated after four years unless it is the majority decision of the Assembly of Northern Ireland to remain in alignment with those arrangements either in whole or in part. The principle of consent is therefore at the heart of the arrangements.
Under the Bill, British farmers will escape the frequently perverse effects of the common agricultural policy; British fishermen, liberated from arcane quotas, will be free to fish in a way that is both more sensible and sustainable; and this House will be free to legislate for the highest possible standards.
The Prime Minister will be well aware that four pages in the Bill address and enlarge the responsibilities of the Northern Ireland Human Rights Commission and the Equality Commission for Northern Ireland. That is all very well and good, but there is not a single sentence in the Bill that explains the new consent process contained in the Prime Minister’s Brexit deal. I say clearly to the Prime Minister: do not take the people of Northern Ireland for fools. We are not fools. He needs to explain in detail how his new consent process will operate—in detail, please.
The process for consent is of course set out in detail in the unilateral declaration made between us and the Republic of Ireland. The hon. Lady will understand that it is, as I have indicated to the House, a process by which there are a small minority of economic arrangements in which Northern Ireland remains in alignment, such as sanitary and phytosanitary and manufactured goods, for four years, unless and until by a majority vote of the Stormont Assembly Northern Ireland elects to remain in alignment. Otherwise, for the vast majority of the Northern Ireland economy, Northern Ireland exits with the rest of the UK whole and entire, able to do free trade deals from the outset and participate in all the other benefits of Brexit. I hope that that point commends itself to the hon. Lady.
I congratulate the Prime Minister on getting us to this critical point in the long Brexit journey. Clause 36 relates to parliamentary sovereignty, and I invite him to confirm that the UK will retain its own sovereign military capability as outlined in paragraphs 92 and 99 of the political declaration and not be committed to any EU mission, military initiative or procurement project unless we do so voluntarily.
My right hon. Friend alludes to an important change that we have been able to secure in the course of the negotiations, and he is right that full independence will be retained in the vital sphere of defence and security. I am grateful to him for drawing attention to it.
The House will be free not only from the common agricultural policy but from the common fisheries policy, and free to legislate for the highest standards. That is a crucial point for the House to grasp.
Will the Prime Minister give the House a categorical assurance that we will not make the mistake of the 1970s and use our marine resources and fish stocks as a bargaining chip to be traded during the upcoming negotiations? Will he guarantee that we will take total, 100% control of all our waters and resources within the exclusive economic zone and, like any other independent marine nation, will then annually engage in common- sense negotiations of a reciprocal nature with our marine neighbours?
I can happily give that assurance to my right hon. Friend, who has campaigned long and valiantly on those issues. I can confirm that we will take back 100% control of the spectacular marine wealth of this country, not least the marine wealth of Scotland, which the SNP would discard as senselessly as the superfluous catch dictated by the common fisheries policy.
The House will be free to legislate for the highest possible standards. Let me stress that nothing in the Bill undermines workers’ rights or the House’s natural desire to protect our environment. On the contrary—
I know that the Prime Minister has been doing a good job trying to reassure MPs such as me from towns that voted leave, but can he explain the loopholes on workers’ rights in the document that would not give us the security we would need on non-regression for manufacturing communities that need those workers’ rights?
The hon. Lady raises an important point. People will need reassurance about that. There can be no regression. The UK will maintain the highest possible standards. Let me make the point more clearly. If the EU decides that it wishes to introduce new legislation on social protection, it will be automatic that the House will consider that. As I say, there will be an amendable motion by which the Government will give parliamentary time for the implementation of that measure. That is the opportunity that the Bill gives us. In essence, it takes back to the House the powers to decide such matters. I do not believe that we should shy away from those responsibilities or lack confidence in our collective ability to use those powers for the public good.
It is thanks to the efforts of Labour and Conservative Members that the House is already ensuring that this country does more to tackle climate change than almost any other country in the EU. Our Environment Bill will enshrine the highest standards possible.
I am sorry to say that there is a difficulty and a fundamental issue of trust in the Prime Minister’s word. If he tells the House that he is committing to reviews of matters such as unfair dismissal protections, including reducing the qualifying period from two years to one year, and anomalies in employee terms and conditions in relation to TUPE regulations, will the Government write into the Bill the date by which BEIS will begin the consultations on those really important rights?
We have already said that we will set out how we propose to address the concerns of hon. Members on unfair dismissals and TUPE. I understand the hon. Lady’s desire to get cracking—my right hon. Friend the Business Secretary will write to Members with more details—but I can certainly commit to her now across the Floor of the House that we will indeed commit to a date for the implementation of those measures.
Our Environment Bill enshrines the highest standards in law: far-reaching and legally binding targets to reduce plastics, restore biodiversity, and clean up our air and water.
Does the Prime Minister agree with himself when he said:
“We should go into those renegotiations with a clear agenda: to root out the nonsense of the social chapter—the working time directive and the atypical work directive and other job-destroying regulations.”?
If that is what he said then, why should we believe a word he says on this now?
Because it is absolutely clear on the face of the Bill and from what I have said that this country will maintain the highest possible standards and will give this House the collective ability to keep pace with Brussels and, indeed, to do better.
As I say, we have the highest possible environmental standards. We will match the environmental standards that Brussels brings forward. Indeed, we now have the opportunity to do better. I have stressed for four years—[Interruption.] No, that is not true. It is said from a sedentary position that we have always had the opportunity to do better. I am afraid that that is mistaken. There are plenty of ways in which we are currently prohibited from going forward with higher standards. Under the Bill, we will have the power in this House to do something for which I think the people of this country have yearned for years, which is to strengthen controls on the live transport of animals. I hope we will do that now. That is currently forbidden under EU law.
On fiscal measures, we will now have the power to cut VAT on sanitary products. As for the protection of workers, we will now be able, under the Bill, to take action against employers and agencies who undercut our laws, including where agencies bring in overseas labour from the EU so that local people do not get a look in. That is currently impossible within the EU.
Clause 34 and the accompanying provisions in schedule 5 include a duty on any Minister—to get to the point that has been raised—who introduces relevant legislation to make it clear that workers’ rights will not be weakened in any way. Whether it is tackling air pollution or enhancing biodiversity, this country can do better than simply sticking with EU norms. We can achieve our vision of a dynamic, high-wage, low-tax market economy precisely because we champion high skills and high standards.
Like the Prime Minister, I would like to get out of the European Union as speedily as possible. What more can he do to reassure the people of Northern Ireland, who feel they are being cut off? They could perhaps have accepted some regulations on trade between Great Britain and Northern Ireland because that happens at the moment, but they have been absolutely astonished to find that trading between Northern Ireland and Great Britain is somehow now treated as if they are sending something to a foreign country. That is not acceptable.
I am very grateful to the hon. Lady. It is very, very important that we stress—I must make myself absolutely clear—that Northern Ireland is leaving the EU with the rest of the UK, whole and entire. We have achieved with this deal what I think few people thought was possible: Northern Ireland is leaving the EU as part of a single customs territory with the rest of the UK. On her specific point, there will be no checks between NI and GB, nor would she expect there to be. It is made absolutely clear in article 6 of the protocol. It is up to the UK Government to insist on unfettered access for trade NI-GB. I give way with pleasure and with respect to the right hon. Member for Belfast North (Nigel Dodds).
I am very grateful to the Prime Minister. It is quite clear that whatever he says about Northern Ireland in the UK customs union, de facto the European Union customs code applies in Northern Ireland, if the protocol comes into place, which requires exit declarations from Northern Ireland to Great Britain.
Yes, it does. The Brexit Secretary said yesterday they would have to be corrected by HMRC. Is the Prime Minister saying that at the end of December 2020 Northern Ireland will not go into the protocol if there is a free trade agreement, and that if we are in the protocol and a free trade agreement is agreed we will automatically come out of it, and that that will be written into law?
For the clarification of the right hon. Gentleman—I know he realises this already—there are no checks GB-NI. There will be some light—touch measures to ensure there is no illegal trade—[Laughter]—in endangered animal species and banned firearms, which I think he would agree was sensible. The most important point is that even these measures evaporate and are terminated automatically. They automatically dissolve unless a majority of the Northern Ireland Assembly in Stormont votes to keep them.
Furthermore, to get to the right hon. Gentleman’s point, there is a further sense in which these measures are transitory. They all may be replaced in the great work of beginning the free trade agreement and the new partnership that we intend to build between the UK and the EU—a work in which I devoutly hope Northern Irish Members will be involved in building a whole UK-whole world free trade policy. That is the prize before us. The UK, and the UK alone, will control these vital standards as we leave.
For those who share my belief in the transformative power of free trade, perhaps the single greatest engine of global prosperity, a new deal, enabled by this Bill, will allow us to sign free trade agreements around the world.
Schedule 5A to the European Union (Withdrawal) Act 2018 lists workers’ retained European Union rights. The directive on work-life balance for parents and carers is omitted from the schedule, along with many others in the same vein. How can those omissions be consistent with the Prime Minister’s commitment to the highest possible standards for workers’ rights?
We have been very clear that we will maintain the highest possible standards, but I am very happy to study what the hon. Lady says and can assure her that whatever the House believes has been omitted can easily be replaced.
I think we agree across the House that there is a climate emergency and that the UK must be a leader, not a follower, when it comes to low-carbon living. I welcome the pledge that the Environment Bill will enhance and not reduce the UK’s standards, but will the Prime Minister commit today to reinforce that ambition with a clear non-regression clause, as we have on workers’ rights, and write it into the Bill. Would that not provide some of the reassurance the House needs about not only protecting but enhancing environmental standards?
I can indeed make that commitment, and I thank the right hon. Lady for the work she is doing to champion the environment. I remind her and the House that our Environment Bill will set up, for the first time, legally binding targets and an office for environmental protection to enforce those targets in this country. The crucial thing that will reassure her is that in the event of the EU bringing forward new legislation, we in this Government will bring forward an amendable motion so that the House may choose to match those standards.
I must make some progress. This new deal will allow us to sign free trade agreements around the world, encouraging innovation, lowering prices, maximising opportunities for world-beating British companies to find new markets and bringing good new jobs to communities who, for too long, have been left behind. Let me repeat: in any future trade negotiations with our country, our national health service will never be on the table.
I wish to say something not just to those who think that Brexit is a great opportunity, as I of course do, but to the 16 million who voted to remain.
I identify one in my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake).
On workers’ rights, the EU requires employers to offer 14 weeks of maternity pay. In the UK, we offer 39 weeks of maternity pay. If we wanted to reduce workers’ rights, why would this Government not have done that already?
My hon. Friend makes exactly the right point: this Government wish to have the highest possible standards for workers across the country because we believe that that is the right way forward for the British economy. I am glad he made that point.
I wish to address the 48%, whose concerns must always be in our minds. The revised political declaration sets out a vision of the closest possible co-operation between the UK and our European friends—a
“relationship…rooted in the values and interests that the”
European
“Union and the United Kingdom share…anchored in their common European heritage.”
To British citizens living in EU countries and to EU citizens who have made their homes here and who have contributed so much, I say that this Bill protects their rights, ensuring that they can carry on living their lives as before.
The Prime Minister and some of his Ministers say they are against live animal exports. Does that mean from Dover to Calais, or longer journeys from GB—for example, Stranraer—to Northern Ireland, or longer journeys still, such as to the Hebrides, the Orkneys and the Shetlands? When he says he is ending live animal exports, what does he mean? We need details. Are they short journeys to the continent only or longer journeys, including to Northern Ireland?
I am grateful to the hon. Gentleman—he rather makes my point for me, because what he may not realise is that animals are currently being shipped from this country to Spain and, indeed, to north Africa in conditions of extreme distress. I do not believe that it is the will of this House, or indeed, of the hon. Gentleman, that we should continue on that basis.
I say to those who care, like me, for the rights of EU nationals living in this country: I argued during the referendum that we should guarantee their rights in this country immediately and unilaterally, and I regret that this did not happen, but the Bill today completes that job.
My right hon. Friend is being characteristically generous in giving way. So that we are absolutely clear, going back to the Northern Ireland issue, I ask him again: is it his and the Government’s intention—as I understood and still understand it to be—that in the phase in which we negotiate a free trade agreement, we would negotiate it on the basis that Northern Ireland would form a whole and singular part of that agreement and therefore be treated exactly the same as Kent?
I can give exactly that assurance. That is exactly what this Bill does and what this agreement has secured.
Prime Minister, my constituents voted to leave, by 55% to 45%, but they want to ensure and believe—and it is a question of trust—that there will be certainty and decent rights for all workers as we leave the EU, and in the future. I welcome the announcement of an employment reform Bill, but given that he had his pen out in answer to my hon. Friend the Member for Batley and Spen (Tracy Brabin), will he set the date and tell us when he is going to put it in this Bill so that we know when it will happen?
I can confirm that we will be doing that, but it is probably best done in the course of the Bill, and we should get on with the debate as fast as possible.
Let me come to our compatriots in Northern Ireland. This Bill upholds in full the Belfast/Good Friday agreement, as Lord Trimble has attested, and our unwavering commitment to Northern Ireland’s place in the Union.
Prime Minister, the central plank of the mechanisms for ensuring that both communities are protected in the Belfast agreement— I state this from the agreement—is
“to ensure that all sections of the community can participate and work together…and that all sections…are protected”
and
“arrangements to ensure key decisions are taken on a cross-community basis”.
How does that square with the terms of this agreement under which, as the Prime Minister has stated in this House, decisions will be made on a majority basis?
I am very grateful to the right hon. Gentleman. I thank him and his party for the work they have done to help us to change this deal very, very much for the better, and he played an instrumental role in that.
On the point that the right hon. Gentleman raises, he knows that this is a reserved issue, and I simply return to my point: the salient feature of these arrangements is that they evaporate. They disintegrate. They vanish, unless a majority of the Northern Ireland Assembly elects to keep them. I think that it is up to Members of the Northern Ireland Assembly to assemble that majority if they so choose. Further, there is an opportunity to vary those arrangements in the course of the free trade agreement and the new partnership that I hope he will join us in building together.
This new deal explicitly respects the territorial integrity of the UK. It takes the United Kingdom, whole and entire, out of the EU, and, of course, there is a set of special provisions applying to Northern Ireland—
Order. I apologise for interrupting the Prime Minister, but a lot of Members are bellowing in a rather bellicose fashion at him, although he has already made it clear that at the moment, he is not giving way. He has taken a lot of interventions and he may take more, but he is proceeding with the development of his case.
Mr Speaker, I give way to the hon. Member for Belfast East (Gavin Robinson).
I am very grateful to the Prime Minister for giving way. I have heard clearly not only what he has tried to do this afternoon to assure the House, but his answer to the right hon. Member for Chingford and Woodford Green (Mr Duncan Smith). How can the Prime Minister square the pledge he has given—that Northern Ireland can fully benefit from free trade agreements—with the provisions in the agreement he reached at article 13(8) that require the EU to have a say in whether we secede from the protocol arrangements?
There is absolutely no provision for the EU to have a say. As the hon. Gentleman knows, there are special provisions in the agreement that apply to Northern Ireland in respect of trade in goods, sanitary and phytosanitary measures and the single electricity market. The benefit of that temporary four-year alignment is that it allows us to avoid a hard border in Northern Ireland—that is its great benefit—and to respect the Good Friday process, but those arrangements are automatically terminated after—
The right hon. Gentleman is an experienced denizen of the House. His point of order is a matter of consuming interest within the Chamber and beyond, but he is a cheeky chappie, because it is not a matter for adjudication by the Chair. He has made a point, in his own way and with considerable alacrity, to which the Prime Minister can respond if he wishes and not if he does not.
I will respond by just repeating the point that those arrangements are automatically terminated after four years unless a majority in the Northern Ireland Assembly expressly decides to retain any or all of them, so those arrangements naturally and legally dissolve into full alignment with the whole UK. The default position is alignment with the UK unless, as I say, there is a majority vote in the Assembly against that alignment. In any event, those arrangements can be replaced by the future relationship based on the free trade agreement that we will conclude with the EU.
At the same time, the agreement ensures that Northern Ireland is part of the UK customs territory and benefits immediately from any UK trade deals. Clause 21 gives effect to those measures in the protocol. Apart from those special provisions, there are no level playing field provisions covering only Northern Ireland. Nothing in the new deal requires different treatment of Northern Irish services, which account for over 70% of the economy, and nothing in the revised political declaration would oblige Northern Ireland to be treated differently in the future relationship with the EU, which we will soon begin to negotiate.
I cannot believe for a minute that the Prime Minister is seeking in any way to deceive the House, but he has said repeatedly today that there will be no differences between the way Northern Ireland is treated and the way Kent or anywhere else in the reset of the UK is treated. Why, then, does the impact assessment produced by his own Government, slipped out late last night, make it quite explicit, in paragraph 241, that goods
“moving from Great Britain to Northern Ireland will be required to complete both import declarations and Entry Summary (ENS) Declarations”,
which
“will result in additional…costs”
in Northern Ireland? How can the Prime Minister square that fact with the bluster and rhetoric he is serving up today?
The House will know full well that these are transitory arrangements. If the people of Northern Ireland choose to dissent from them, they melt away, unless by a majority they choose to retain them. I repeat: there will be no checks between Great Britain and Northern Ireland. Nothing in the revised political declaration obliges Northern Ireland to be treated any differently in the future relationship, and I would expect Northern Ireland Members to be involved intimately in devising a whole-UK whole-world trade policy—and, indeed, the whole House.
Is not the fundamental point that, to deliver the UK whole, secure and prosperous out of the EU, Members of this House need to vote for Second Reading and, yes, vote for the programme motion so that it can all be done on time, and then stand firm behind the Prime Minister and his negotiating team, so that he has the power to deliver just the relationship that is being urged upon him to put before the House in due course?
My hon. Friend has given excellent advice to the House, and I thank him very much for his support. I wish to stress that the whole House will be involved in devising that future partnership.
I am grateful to the Prime Minister for his reassurance that workers’ rights—avoiding a race to the bottom, no regression, and so on—will be written into the Bill, because it is a huge issue for many Opposition Members and needs to be recognised by many Government Members. Can he give the same reassurance that consumer protection will also be written into the Bill?
I can indeed give the hon. Gentleman that assurance. [Interruption.] There will be no race to the bottom. For right hon. and hon. Members who wish to be involved in the building of our future partnership, there will be every opportunity at every stage for the House to be involved, and quite properly so. [Interruption.]
Order. There is so much noise in the Chamber that I fear that the hon. Member for North Dorset (Simon Hoare), who enjoys the exalted status as Chair of the Northern Ireland Affairs Committee, cannot draw attention to the fact that he wishes to intervene in the debate, which is regrettable for the hon. Gentleman.
I am delighted to repeat our unequivocal commitment to consumer standards and protections.
Thank you for your good offices, Mr Speaker.
Trying to square the difficult circle of delivering Brexit under the umbrella of the Good Friday agreement and maintaining peace on the island of Ireland was always going to be a big ask. Not everybody will be happy with what the Prime Minister’s is bringing forward, but all communities should be happy that nobody is talking about a coach and horses being driven through the Good Friday agreement and that there are no communities, particularly on the border, that now fear a resurrection of violence, bloodshed and hatred. He is to be congratulated.
I am very grateful to the Chairman of the Select Committee for his remarks. I intend to bring the whole House into the process of decision making and into our confidence and to draw on the expertise of the House.
That will be the case not least in environmental matters, on which I know the hon. Lady speaks with great authority.
The Prime Minister has been giving so many reassurances to Labour Members that I wonder whether he could give one to me about the trapdoor at the heart of this Brexit deal. We know that if no arrangement is agreed by the end of December next year, we risk crashing out with no deal. Can he reassure me that he will extend that transition and guarantee now at the Dispatch Box that we will not crash out at the end of December next year?
I can indeed assure the hon. Lady that there will be no crashing out, because we will negotiate a great new friendship and partnership within the timescale. I know that hon. Members on both sides of the House have every confidence in the Government to do that. They said we could not change the withdrawal agreement in the 90 days we had, that we would never get rid of the backstop and that we would not get a new deal, but we did get a new deal—we got a great deal—for this House and this country, and we will get a great new free trade agreement and a new partnership for our country.
Before us lies the great project of building a new friendship with our closest neighbours across the channel. That is the common endeavour of our whole nation, and that will begin with clause 31, which will give Parliament a clear role, including the hon. Lady.
Is it not the case that to secure a deal with the EU, the Prime Minister had to make a choice over Northern Ireland? The choice that he made was to sign up to EU trading rules to secure frictionless trade with Ireland and the rest of the EU. Is not the truth that at the end of all the negotiations that the rest of the UK will face, we will be confronted with exactly the same dilemma? Either we remain close and sign up to the rules, in which case we give up our say—so what is the point of Brexit?—or we break totally free, in which case what is the price?
We have not made that choice. The Prime Minister has made it over Northern Ireland, and we face it over the rest of the UK. This is not getting Brexit done; it is continuing the agony for years to come.
Obviously I have a vision of this country having a very close friendship and partnership with the EU, but also being able to engage in free trade deals around the world. I think that those objectives are compatible, and I think that the way in which they can be made compatible is evident in this great new deal that we have done, but it is of course open to the hon. Lady to work with us to take it forward.
I give way with pleasure to the right hon. Member for Orpington. [Laughter.]
I congratulate the Prime Minister on securing a deal. I never doubted it for a minute. [Laughter.] Can he reassure me that the moment the Bill receives Royal Assent—hopefully sooner rather than later—he will work tirelessly, along with the Secretary of State for Business, Energy and Industrial Strategy, to secure the closest possible relationship with European science and research funding programmes?
I thank my right hon. Friend and brother very much for what he has said. He has worked tirelessly in that sphere himself. I know how much he values such co-operation, as, indeed, I know how much Members throughout the House value it. We will protect, preserve and enhance it, and, as I have said, Members throughout the House will be involved in that process, but, as I have also said, under clause 31 Parliament is given a clear role.
I thank the Prime Minister for giving way; he is being incredibly generous. He will no doubt have heard, as I have, the dire warnings in certain quarters that if we leave the European Union, there will be problems at Dover and chaos on the roads of Kent. Can he assure the House, and me, and my constituents, that with this deal there will be no problems at the channel ports and no problems on Kent’s roads?
I can indeed give that assurance, and the best way to avoid any problems whatever is to vote for this deal tonight.
By your leave, Mr Speaker, I shall make some progress.
Let us pause for a second and reflect on the scale of the choices before us. If we rejected this new deal, what would the House be saying to the country and to the world? What alternative course of action is open to us? Is it to undo Brexit and cancel the greatest democratic exercise in the country’s history? Even now, I find it impossible to believe that any democrat would contemplate such a course. Time and again, the House has promised to honour the referendum, and the fact that the Leader of the Opposition is now proposing a rerun shows a regrettable contempt for the verdict of the British people. The House has repeatedly rejected a second referendum, and, in my view, must emphatically do so again.
Does the Prime Minister agree that a referendum took place and a decision was made by the British people? It is up to Parliament to accept that decision and work with it. Those are not my words, but the words of the Leader of the Opposition.
My hon. Friend has encapsulated the point perfectly, and I think that the Leader of the Opposition should reflect on what he has said.
I worked closely with my right hon. Friend when he was Mayor of London, and I know how much he valued the contribution of EU citizens. I have the great good fortune to represent a constituency that contains one of the highest proportions of EU citizens. May I ask my right hon. Friend to look again at the arbitrary deadline for applications for settled status?
I am delighted to say that the settled status scheme is proceeding apace, and we have every hope that the entire 3.4 million will have registered by the time of the deadline. However, the best way to give all our citizens confidence and security, and to give all our friends confidence and security—particularly those 3.4 million—is to get this deal through tonight, because that is how we will protect their rights.
I know that some colleagues have been contemplating certain amendments that are not about delivering the new deal, but rather about trying to change its fundamentals. What would that say to our European friends about our good intentions? That we are proposing to come back to Brussels to ask for a third agreement? That we will put it to a fifth vote, perhaps after another six months or another year? Is there anyone who seriously believes that the EU would reopen the withdrawal agreement again? On the contrary, our European friends could not be clearer. The deal on the table is the one contained in the Bill. The decision for the House is whether to ratify this deal, rather than going round in circles in a futile effort to construct a new one.
Then there is the question of yet further delay. I know that some colleagues have been contemplating the timetable for the Bill and asking whether scrutiny should take longer. I do not think that we in this House should be daunted by the task that is before us. Let us work night and day, if that is what it takes to get this done. Our European friends are not showing any enthusiasm about agreeing to the delay for which Parliament has asked.
I congratulate our Prime Minister on achieving this deal. I had always thought that it would be enormously challenging to get all the other 27 leaders to agree to change the existing deal. However, this deal needs to be voted through not only by us but by the European Parliament, and it needs to be ratified across Europe. Does the Prime Minister agree that if we do not support the programme motion tonight, we will add great, great uncertainty and will push up the risk of no deal?
My hon. Friend is completely right. Those who have argued for three years that they are motivated primarily by a desire to avoid no deal have only one logical course of action tonight, and that is to vote for a programme motion that will ensure that we leave with a deal on 31 October. Doing anything else would, I am afraid, mean this House abdicating its responsibilities and handing over to the European Council the decision on what happens next: whether the EU will offer a short delay, a long delay, or no delay. The decision will be down to the EU.
The public do not want further delay. The House has discussed these issues for three and a half years. What on earth will the public think of us if the House votes again tonight not to get on with it—not to deliver Brexit on 31 October, but to hand over control of what happens next to the EU, closing the path to leaving with a deal on 31 October and opening the path to no deal in nine days’ time? Members claim that they want more weeks or months, or perhaps even years, in which to debate this matter, but the public will not be deceived about the real purpose of such delay. When we are so nearly at the end of this process, are Members really going to tell their constituents that at the last hurdle they chose to hand the decision to Brussels?
Even if the European Council were to agree with Parliament on a further delay, what would happen in the period after 31 October? As my hon. Friend the Member for Chelmsford (Vicky Ford) rightly said, there would be yet more of the uncertainty that is holding our country back. I invite Members to picture the businesses in our constituencies freezing their investments, the jobs that will never be created, the contracts that British firms will neither bid for nor win and the exports that will never leave our shores.
My right hon. Friend will know that the Mayor of the West Midlands is in very close contact with manufacturers in the area, including Jaguar Land Rover. They are saying that the most damaging thing to manufacturing and industry as a whole is the uncertainty due to delay. They—not just me, not just the Mayor, but manufacturers—want the deal done and the deal done now.
My hon. Friend is right, and the consequence of not getting this done and not voting through this deal tonight is to continue with the creeping paralysis that is affecting certain parts of our economy.
Perhaps even worse—[Interruption.] Perhaps even worse, if we do not get this thing done we face the continuing acrimony and the abuse that I am afraid is still heard—perhaps increasingly heard—on both sides of the argument.
The divisions will continue. [Interruption.] I give way to the hon. Gentleman.
May I start by thanking the right hon. Member for Broxtowe (Anna Soubry) and the hon. Members for Nottingham East (Mr Leslie) and for Ilford South (Mike Gapes) for helping getting me noticed? I must have been hard to spot.
May I bring the Prime Minister’s attention to clause 31, which is basically the amendment that my hon. Friend the Member for Wigan (Lisa Nandy) and I tabled to the last meaningful vote? However, whether by accident or by sneak, the Prime Minister has managed to add a small addendum, which means that any future vote would have to comply almost exclusively with the political declaration, meaning that this House would be constrained in what it could set as the future negotiating mandate. Can the Prime Minister explain why that has appeared? Also, on the purpose of scrutiny, this Bill specifically disapplies section 20 of the Constitutional Reform and Governance Act 2010 which requires a 21-day resting period for all international treaties; why has the Prime Minister decided to do that on this, and is that something he plans to do on any future trade arrangements?
On the hon. Gentleman’s point about clause 31, the intention is very clear: the intention is to allow the House to participate actively and fully in the building of the future partnership. If he reads the political declaration, he will see that there is plenty of scope within that political declaration for very active and full participation by all Members of the House in devising that partnership.
On the hon. Gentleman’s second point about the deadline in the Constitutional Reform and Governance Act, there is in my view ample time for us to get this done. The House of Commons has been discussing this issue for three and a half years. We have chewed over this question again and again; our constituents will not be fooled by any further delay—they will not understand why that is necessary—and if we delay again, I am afraid that we will miss an opportunity to heal the divisions between us, and the paralysis will continue. Let me make it absolutely clear: there is no way—
The Prime Minister has not given me any indication on that matter, and we must leave him to develop his case.
Let me be very clear, to come to exactly the point the hon. Gentleman raises, that I will in no way allow months more of this. [Interruption.] No, I will not give way. If Parliament refuses to allow Brexit to happen and instead gets its way and decides to delay everything until January, or possibly longer, in no circumstances can the Government continue with this. And with great regret I must go directly to the point that the hon. Gentleman raises: with great regret I must say that the Bill will have to be pulled, and we will have to go forward, much as the right hon. Gentleman the Leader of the Opposition may not like it, to a general election. I will argue at that election—[Interruption.] No, I will not give way. At that election I will argue “Let’s get Brexit done,” and the Leader of the Opposition will make his case to spend 2020 having two referendums—one on Brexit and one on Scotland—and the people will decide.
There is another path. [Interruption.] No, I won’t give way. And that is to accept, as I have done, that this deal does not give us everything that we want, and all of us can find clauses and provisions to which we can object, as we can in any compromise, but it also gives us the opportunity to conclude that there is no dishonour in setting aside an entirely legitimate desire to deliver the perfect deal in the interests of seizing the great deal that is now within our grasp—of seizing the opportunity to begin healing the divisions, and to satisfy the aching desire of the British public that we would just get Brexit done and to move on to do what those who sent us here want us to do, which is to address their priorities.
Will the Prime Minister give way?
No.
For three and a half years this Parliament has been caught in a deadlock of its own making—
Order. Notwithstanding the fact that the hon. Member for Kingston upon Hull East (Karl Turner) must emphatically be the loudest Member of any Parliament anywhere in the European Union, he cannot insist that the Prime Minister gives way if the Prime Minister is disinclined to do so. I think the Prime Minister may be approaching his peroration, to which we should listen.
I think I have given way quite a lot during this speech and I wish to wind up because I know that hon. Members will wish to make their own contributions to the debate.
For three and a half years, this Parliament has been caught in a deadlock of its own making, and the truth is that all of us bear a measure of responsibility for that outcome, yet by the same token we all have the same opportunity now. The escape route is visible. The prize is visible before us: a new beginning with our friends and partners; a new beginning for a global, self-confident, outward-looking country that can do free trade deals around the world as one whole entire United Kingdom. The deal is here on the Table. The legislation to deliver it is here before us. A clear majority in the country is now imploring us to get Brexit done in this House of Commons. I say to the House: let us therefore do it and let us do it now and tonight. I commend this Bill to the House.
On a point of order, Mr Speaker. The Home Affairs Committee was due to take evidence from the Home Secretary tomorrow afternoon. I have been trying to speak to the Home Secretary today, because she has now informed the Committee that she does not want to give evidence tomorrow. We have offered to change the timing of the sitting to tomorrow morning—
indicated assent.
I can see the Home Secretary nodding; I hope she can now agree to give evidence tomorrow morning, because we have been seeking to get this session in the diary since the beginning of August.
This is a matter of diary management between the right hon. Lady and the Home Secretary, but I think the general principle is that if a Minister has for some reason to duck out of appearing before a Select Committee, which sometimes has to happen, an alternative arrangement is made.
I am grateful to the Home Secretary for signalling, with her usual good nature, that she is willing to appear before the Committee.
It does not give us the right to seek an extension. That right rests with the Government, and if the Government have not asked for an extension by the summer, that is it—we are out of Europe on a no-deal basis, and it is the end of the story.
The House will be aware that the First Ministers of Scotland and Wales wrote a joint letter to the Prime Minister reminding him that the UK Government are required to seek legislative consent for this Bill from both legislatures. The Prime Minister must make it clear that consent will be sought from the devolved institutions and that the will of the devolved institutions will be respected. That, after all, was the promise made by the Tory Government to the people of Scotland—that our devolution settlement would be protected and respected, not ignored. That promise has already been broken in their shameful power grab at the time of the European Union (Withdrawal) Act 2018, which gave UK Ministers the powers to restrict the competences of the Scottish Parliament unilaterally and without agreement.
indicated dissent.
I see the Minister shaking his head, but I am afraid that that is a matter of fact. That was the first time in the 20-year history of devolution that any Government legislated on devolved matters without Scotland’s consent. That shameful act was a direct and deliberate downgrading of our devolution settlement. It disrespected those who voted in the devolution referendum of 1997 and the Scotland Act 1998, which defined the limitations of Westminster’s powers and established that this place could not interfere without consent, and it undermined the Sewel convention, breaking once again the promises that the Conservatives made to the Scottish people. SNP Members made their anger known at those actions. I pleaded on that day—before you threw me out of the House, Mr Speaker, and I do not quibble with your judgment—that Scotland would not stand for it, and we will not.
Let Members on all Benches be warned: if they support the Government today, they will show disregard for the Scottish Parliament and the sovereign will of the Scottish people, and there will be a price to be paid. It is worth noting that in their letter to the Prime Minister, the First Ministers of Scotland and Wales were clear that that extension must be sought.
There comes a time in politics when we all have to look at ourselves in the mirror—me included—and ask the following question: are we up to the level of events? Are we truly going to serve the people who put us here?
I have the honour of speaking last in what I think we would all agree is the most pivotal of parliamentary debates. I suppose that, for me, there is a sort of symmetry in this, because of the long association that I have had in supporting our membership of the European Union. I was a proud remainer, someone who campaigned assiduously for membership, and for whom the result of the referendum in June 2016 came as a bitter blow.
I have just heard the word “traitor” uttered sotto voce across the Chamber. That concerns me, and it should concern us all. I do not believe that anybody in this place is a traitor. I do not believe that anybody, whatever view they might have, is somehow disloyal or dishonourable or dishonest or below the standards that we would expect in this place, because I believe that not only do we call ourselves honourable Members, we are honourable men and women. And we come here with the best of intentions: we come here in all sincerity to try and find a way through for the people we represent—to make a decision; a hard, a fast, and a specific decision at that. It is not easy, but we are here to do difficult; that is our job. We are sent here by each of our constituents to get on with it, and over the last few months the voices I hear in my constituency, as right across the country, come out loud and clear whether we were leave or remain: “For the love of God, get on with it,” is what I am being told.
I want to deal for a moment with the speech from my hon. Friend the Member for Winchester (Steve Brine), who I thought put it extremely well. He in many respects has found himself in the sort of moral dilemma that a lot of us in this Chamber have been placed in in the last three years. He resigned from the Government because of his convictions, and that is an act that speaks volumes. He put it well when he said that the best way in the circumstances—the only way—to avoid what he would regard as the problem of a no-deal Brexit is to vote for both these motions this evening. I say both these motions because the one will not work without the other.
We are left with a fixed date, a date that was not chosen by us. It was never the subject of an application that we made to extend article 50, but it was a date that was chosen by our friends in the European Union: 31 October. And 31 October was not a mere caprice plucked out of the air; it was something real and meaningful for the 27. It was in their interests; it was administratively important for them, but backed by proper reason, and therefore it is something that we should respect. For a moment let us put ourselves in the shoes of our negotiating partners. They want certainty; they want to be able to move on; and they want to know that in their negotiating partner they have somebody who they can trust and rely upon.
On that point, how does the right hon. and learned Gentleman feel our negotiating partners look on this Parliament, which was prorogued at a time when we could have been spending time on this issue? We would have had more than 21 days to debate it in that circumstance.
The hon. Gentleman, who has been here a good few years, has lived, like all of us, through this process, and the hours, the days, the months and the years that we have debated this issue amply demonstrate that every one of the 650 Members—or those who are able to take part—have had their say.
The elements of the withdrawal agreement that have been significant and different relate of course to the provisions on Northern Ireland and the future relationship, but we would be kidding ourselves if we did not admit that large elements of this agreement were elements that we have known about, we have debated and we have aired and analysed over the last few months—more than the last few months, the better part of a year.
Before my right hon. and learned Friend goes into the detail, will he agree that we do not have to love this deal and we do not have to love the programme motion—we might even think it is a very bad deal or a very bad programme motion—but for those of us who wish to avoid the worst, it is better than the worst?
My right hon. Friend, in his nuanced way, makes the important point that in the pursuit of perfection we are in danger of losing the entire House. The majority of us in this Chamber have made it clear that the one thing we do not want is a no-deal Brexit. Through all the debates we have had and all the decisions we have made, that one thing has been clear.
Many of us are still concerned that we may end up with a no-deal exit for Great Britain. Can my right hon. and learned Friend assure me that we will make sure, in the Bill, that Parliament has an opportunity to vote before 1 July on whether the implementation period should be extended—whether for one or two years—if it does not look like we will get in the negotiations a free trade agreement by the end of the year? Will he also assure me that the Government will abide by that vote?
I am grateful to my right hon. Friend. What would happen if there were potential for an extension of the implementation period has been concerning Members right across the House. We believe that we can negotiate in the time that we have now, but we accept that Parliament has a legitimate role to play, and I can bring forward an amendment that would allow Parliament to have its say on the merits of an extension of the implementation period—
And the Government will abide by that.
Now, that is an example of representative democracy working well, because one of the things that we British pride ourselves on is our ability to compromise, to listen to each other, to learn from each other, to respect each other and to come to a reasonable compromise. I have done everything that I can in my political career to reflect those values, and I believe that I see many other right hon. and hon. Members who share that view.
I thank the right hon. and learned Gentleman for giving way. I have made the argument for compromise many times, and I will vote for the Government’s deal, although I think it is rubbish, if he will vote for a people’s vote at the same time.
I have to commend the hon. Lady for her persistence, but to reopen the issue in that way would be, with the greatest of respect to my hon. Friends who support it, the ultimate cop-out for this Parliament. It is time for all of us who believe in representative democracy to accept the fact that the whole concept of parliamentary representation is itself on trial. It is on trial in a way that perhaps none of us had ever envisaged. Acknowledging the fact that we are facing unprecedented challenge is something that should make us—[Interruption.]
Order. The Secretary of State is entitled to conclude his speech without being yelled at.
It is something that should make us focus even more determinedly upon the need to make decisions—however imperfect, however unpalatable, however untimely they might seem to hon. Members. The public demand nothing less than for us to make a positive move. The time for decision making is now. The time for proposing nothing, opposing everything and seeking to play old-fashioned politics is over. We have to get on with this. As somebody who spent my life believing in the concept of our membership of the European Union, that comes as bitter gall to me, but it is not about me or individuals; it is about all of us.
The Justice Secretary says that it is time for decisions. Before making a decision, I would like the Justice Secretary to give the Unionist community of Northern Ireland a complete assurance that there is nothing in the Prime Minister’s new Brexit deal that undermines the constitutional status of Northern Ireland and the consent principle of the Good Friday agreement.
I am able to give the hon. Lady an unequivocal assurance. There is nothing to undermine that—nothing we do will undermine it—and she can be assured of that fact.
On that important point, I commend this Bill to the House.
Question put, That the Bill be now read a Second time.
On a point of order, Mr Speaker. On Saturday, this House emphatically rejected the Prime Minister’s deal. [Interruption.] Conservative Members are too hasty; I have not finished yet. Tonight the House has refused to be bounced into debating a hugely significant piece of legislation in just two days, with barely any notice and no analysis of the economic impact of this Bill. The Prime Minister is the author of his own misfortune. I make this offer to him tonight: work with us—all of us—to agree a reasonable timetable, and I suspect that this House will vote to debate, scrutinise and, I hope, amend the detail of this Bill. That would be the sensible way forward, and that is the offer I make on behalf of the Opposition tonight.
Further to that point of order, Mr Speaker. Let me say in response how welcome it is—even joyful—that, for the first time in this long saga, this House has accepted its responsibilities, come together and embraced a deal. I congratulate Members across the House on the scale of our collective achievement. Just a few weeks ago, hardly anybody believed that we could reopen the withdrawal agreement, let alone abolish the backstop, and certainly nobody thought that we could secure the approval of the House for a new deal. We should not overlook the significance of this moment. I pay particular tribute to those Members of the House who were sceptical and who had difficulties and doubts, but who decided to place the national interest ahead of any other consideration.
However, I must express my disappointment that the House has again voted for delay, rather than a timetable that would have guaranteed that the UK was in a position to leave the EU on 31 October with a deal. We now face further uncertainty, and the EU must now make up its mind about how to answer Parliament’s request for a delay. The first consequence is that the Government must take the only responsible course and accelerate our preparations for a no-deal outcome. Secondly, however, I will speak to EU member states about their intentions and, until they have reached a decision, we will pause this legislation.
Let me be clear: our policy remains that we should not delay and that we should leave the EU on 31 October. That is what I will say to the EU, and I will report back to the House. One way or another, we will leave the EU with this deal, to which this House has just given its assent, and I thank Members across the House for that hard-won agreement.
Further to that point of order, Mr Speaker. I must say that I find the response of the Prime Minister quite extraordinary, because the facts of the matter are—[Interruption.]
I note what the hon. Lady says. The position is as I have explained. As colleagues will understand, senior figures in this place anticipate different scenarios and it is not uncommon for them to communicate those to the Chair. The Leader of the House did me the courtesy of informing me in advance of what the Government’s attitude would be in the event of a particular result. He has not departed from that view, so I am telling the House what the Government’s current intention is, about which colleagues will hear more in the business statement. That is very much a matter for the Government, and I am not trying to choke off what the hon. Lady wants; I am simply telling her that we are where we are, as things stand.
Colleagues, the orderly thing to do at this point is simply to proceed with what would be the choreography—I think I have a sense of how it is going to proceed—with, in the first instance, the money resolution, to be moved formally.