19:00 - The House divided: - Ayes: 312 / Noes: 308 - Question accordingly agreed to.
19:17 - The House divided: - Ayes: 164 / Noes: 374 - Question accordingly negatived.
19:33 - The House divided: - Ayes: 321 / Noes: 278 - Question accordingly agreed to.
The Secretary of State for Environment, Food and Rural Affairs (Michael Gove)
I beg to move,
That this House declines to approve leaving the European Union without a Withdrawal Agreement and a Framework for the Future Relationship on 29 March 2019; and notes that leaving without a deal remains the default in UK and EU law unless this House and the EU ratify an agreement.
Let me begin by paying tribute to our Prime Minister. She may have temporarily lost her voice, but what she has never lost, and will never lose, is a focus on the national interest and a full-hearted desire to do what is right for our country.
Michael Gove
No.
Since the withdrawal agreement was concluded, the Prime Minister has stood at the Dispatch Box for more than 19 hours. She has answered many questions, and made compelling arguments. Throughout this process she has shown fortitude, tenacity, thoughtfulness, diligence and, above all, an unselfish and unstinting patriotism. I think it only appropriate that in all parts of the House, whatever political differences we have, we recognise that the Prime Minister always, always puts country first, and that we are fortunate to have her in that position.
Michael Gove
Not at this stage.
The House voted to give the people of this country a choice as to whether we were to remain in the European Union or leave it, and 17.4 million people—a clear majority—voted to leave. That is a mandate that we must respect, and an instruction that we must deliver. It is also the case that at the last general election, both principal parties stood on manifestos that pledged them to deliver our departure from the European Union. It is vital that we honour that manifesto promise, those instructions, and our democracy. Those outside the House who sent us here to act on their will and deliver that mandate will take a very, very dim view of those who seek to frustrate, deny or dilute the mandate that we were given.
Alberto Costa (South Leicestershire) (Con)
Does my right hon. Friend agree that the successful Vote Leave campaign of which he was part made clear that one of its primary objectives would be to deliver an exit from the EU with a deal, in an orderly fashion?
Michael Gove
My hon. Friend is absolutely right. Let me also take this opportunity to pay tribute to his consistent championing of the rights of EU citizens in this country: we admire his commitment to principle. The Vote Leave campaign did indeed make clear that it was seeking a mandate to leave the European Union, and to conclude a free trade deal with the EU. That was the explicit aim of the campaign, and it is the policy of this Government.
Frank Field (Birkenhead) (Ind)
Might I suggest that if we do want an orderly Brexit involving the Prime Minister’s deal, one way of securing it would be to invite the Secretary of State and his colleagues to vote for the amendment tabled by the right hon. Member for Meriden (Dame Caroline Spelman)? It would take crashing out of the European Union off the table, which might convince some of the Secretary of State’s friends that that is no longer an option, and that if we are to deliver on our promise, the only way in which we can do so is the Prime Minister’s deal. Might the Secretary of State also consider when we can have an opportunity—when we are not going to crash out—to vote on the Prime Minister’s deal again?
Michael Gove
Like me, the right hon. Gentleman argued that we should leave the European Union, and I take seriously the case that he makes. I shall go on to say a little about the amendment tabled by my right hon. Friend the Member for Meriden (Dame Caroline Spelman), but we should all be clear about one thing: the only way in which to ensure that we take no deal off the table is either to revoke article 50, which would dishonour the mandate, or to deliver a deal. As the right hon. Gentleman knows, the deal that the Prime Minister put before the House last night, which sadly did not command a majority, allows us to leave the European Union in an orderly fashion, and in a way that honours our democratic mandate while also preserving our economic advantages. It is much to the regret of people outside the House that we were not able to command a consensus for it then.
Toby Perkins
I am grateful to the Secretary of State. He seems to be making a speech about last night’s debate rather than today’s. The debate that we are having today is about no deal. Can the Secretary of State imagine being the Prime Minister—I am sure he spends a lot of time imagining that—and coming to the House for a vote of this importance, and the Government’s not having an opinion on whether their own members should vote for or against it?
Michael Gove
The hon. Gentleman has a wonderful cheek in saying I was speaking about the events of last night when he sought to intervene on me in the very first second of my speech. Perhaps he has pretensions to clairvoyance.
Several hon. Members rose—
Michael Gove
I have none, so I do not know what my right hon. Friend the Member for Gainsborough (Sir Edward Leigh) will ask me.
Sir Edward Leigh (Gainsborough) (Con)
Sadly, in his undoubted wisdom the Speaker did not select amendment (g) in my name, which instructs the Government to keep no deal on the table during negotiations with the EU. Will my right hon. Friend confirm that it is still the policy of Her Majesty’s Government to keep no deal on the table, as otherwise how will we get a better deal?
Michael Gove
My right hon. Friend makes an important point. The motion which stands in the name of my right hon. Friend the Prime Minister and which I will vote for this evening makes it clear that we do not believe we should leave on 29 March without a withdrawal agreement, but it does not take the option of no deal off the table because, as I underlined earlier, the only way in which that can be done comprehensively is either through revocation or agreement to a deal.
Neil O'Brien (Harborough) (Con)
I voted leave in the referendum, and my right hon. Friend led the campaign. There is going to be a choice in the end for this House between the Prime Minister’s vision for Brexit, which I support, and the Leader of the Opposition’s vision. The Leader of the Opposition’s vision is to stay in the customs union, remain in the single market and continue to have free movement of people. Does my right hon. Friend agree that that in no sense honours the spirit of the referendum vote to leave the European Union?
Michael Gove
My hon. Friend makes an admirable point, and I note that the Leader of the Opposition is not in his place today. I note also that in the point of order he made last night he did not refer to the newly adopted policy of embracing a second referendum, which is now Labour’s position. To add to the incoherence of the Labour party’s position in saying that it wants to be in a customs union and a single market and indeed to accept free movement, it wants to overturn the promise it has made to honour the referendum mandate, and not to bring forward a second referendum. In their naked pursuit of political advantage I am afraid that the Labour Front Bench are letting this country down, and more importantly letting their voters down.
Several hon. Members rose—
Michael Gove
I want to make a little progress but will accept more interventions in due course.
As a result of the House’s failure to agree to the deal the Prime Minister presented last night we now face a number of unattractive choices, and it is important that the House realises that all of these choices are less attractive than support for the deal the Prime Minister negotiated. We can choose as a House to leave without a deal, but there are significant economic, political and constitutional challenges if we embark on that course which I will go into in just a second. We could accept a deal less attractive than that which the Prime Minister secured, and as my hon. Friend the Member for Harborough (Neil O'Brien) has pointed out, there are many in this House who would have us leave the EU in a way that does not honour the referendum mandate and does not honour the manifesto promises at the last general election. Doing that would not only circumscribe this country’s sovereign right to make decisions in its own interests, but undermine and further erode faith in democracy. But if we are talking about faith in democracy, either frustrating the vote altogether by revoking article 50 or seeking to overturn it with a second referendum would be choices of far greater magnitude, and to my mind be far more damaging.
Several hon. Members rose—
Michael Gove
I am very happy to give way to the right hon. Member for Broxtowe (Anna Soubry).
Anna Soubry (Broxtowe) (Ind)
I thank the right hon. Gentleman for giving way. The cat is out of the bag: on his own admission this motion does not take no deal off the table. I will be guided by you, Mr Speaker, but my understanding was that at the Dispatch Box this House was given a guarantee that today we would have the opportunity to take no deal off the table. Will the right hon. Gentleman not only confirm that, Mr Speaker, but also inform us of the following? Is it the case that the Government are offering a free vote on amendment (f) in the name of the right hon. Member for Ashford (Damian Green), which Mr Speaker has selected, yet they are whipping against amendment (a) in the name of the right hon. Member for Meriden (Dame Caroline Spelman)? [Interruption.] Conservative Members do not want to hear it, but it is a shameful carry-on when a former chairman of the Conservative party is whipped against to the extent that she will not press that amendment to the vote. This House will be denied the chance to take no deal off the table; that is the truth of it, isn’t it?
Michael Gove
The right hon. Lady is a distinguished criminal barrister; now I know what it is like to be cross-examined by her, but I also understand why lawyers are paid by the hour.
Anna Soubry
On a point of order, Mr Speaker. Whether I was ever a distinguished member of the Bar is debatable, but I can tell the right hon. Gentleman as a member of the criminal Bar that we were never paid by the hour when I was at the Bar; in fact repeatedly I worked pro bono, as many criminal barristers have to do under his cuts.
Mr Speaker
The right hon. Lady has put the facts on the record. I do not think we should get into the subject of who has been remunerated by how much, whether for legal work or penning articles in newspapers or whatever. Instead let us focus on the terms of the debate. I say to the Secretary of State that, in his own interests, the less said about that matter the better.
Michael Gove
Thank you very much, Mr Speaker; I believe as a former Lord Chancellor that that is what is known as a refresher, but thank you.
Mr Clarke
On the point that was concerning the right hon. Member for Broxtowe (Anna Soubry), can the Secretary of State confirm that it is the Government’s position that we are ruling out leaving on 29 March with absolutely no arrangements at all—that we are ruling out the complete collapse of all our legal and trading arrangements with the continent that we have built up over the last 50 years?
Michael Gove
Yes, I would not use exactly the same language as the Father of the House, but his point is correct. The motion commits the Government not to leave on 29 March without a withdrawal agreement; I hope that is clear and unambiguous. But the motion also makes clear that the default position in law is that we do leave the EU unless we can secure assent to a withdrawal agreement, which is why, as I mentioned earlier, it was so disappointing that we did not secure a mandate last night.
Several hon. Members rose—
Michael Gove
I will give way first to the right hon. Member for Exeter (Mr Bradshaw) and then to my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve).
Mr Bradshaw
Will the right hon. Gentleman now attempt to answer the question asked by the right hon. Member for Broxtowe (Anna Soubry) and explain the media reports? Given that the Prime Minister last night promised free votes—[Interruption.] Yes she did, at the Dispatch Box; the right hon. Gentleman should not shake his head. Can he therefore explain the reports that the right hon. Member for Broxtowe has pointed to that the amendment in the name of the right hon. Member for Ashford (Damian Green) will be a free vote on the Conservative Benches but the amendment in the name of the right hon. Member for Meriden (Dame Caroline Spelman) will be whipped against? That is an absolute disgrace and bad faith to this House.
Michael Gove
If only the Labour party would give its own Members a free vote, then we could find out what they really think.
Mr Dominic Grieve (Beaconsfield) (Con)
It seems to me that the difficulty that might be arising across the House is as follows. If the House passes this motion this evening, and I have no reason not to support the motion in the terms of its ruling out no deal, in order to achieve that two things have to happen: first, we need to get an extension to article 50; and secondly, we are going to have to make a change to primary legislation in the withdrawal agreement Act. I assume the Government are undertaking, if this motion is passed in its own terms, to do exactly that?
Michael Gove
I am very grateful to my right hon. and learned Friend for his intervention, because it allows me to underline and further elucidate the point. It is absolutely correct that tomorrow the House will have an opportunity, if the motion passes tonight, to decide how to seek an extension. Obviously an extension is not something we can insist upon and automatically see delivered; it is in the gift of the EU and requires the assent of all 27 other EU members. But of course there will be an opportunity further to debate that tomorrow.
Mr Grieve
Just to remind the Secretary of State: there was a second part to the question, which is equally critical. It is that the Government will have to bring a statutory instrument to the House to alter the departure date set out in the European Union (Withdrawal) Act 2018. In those circumstances, I assume that the Government are undertaking to do exactly that.
Michael Gove
The Prime Minister and others have said that previously, and I am happy to place on the record once again at this Dispatch Box exactly that commitment.
Several hon. Members rose—
Michael Gove
I want to make a bit of progress, but there will be time for others to intervene. I am also conscious that many Members want to speak—
Michael Gove
Forty Members. Thank you very much, Mr Speaker.
I stressed earlier that if we choose to leave without a deal on 29 March, this country will face economic, political and constitutional challenges. We are a great country, and we would get through it. We would in due course ensure that this country was more prosperous, freer and successful, and of course the Government have been working hard to ensure that we can be prepared for any eventuality and that we can mitigate the risks of leaving without a deal. At this stage, I should like to pay particular tribute to the civil servants across the Government who have been working exceptionally hard and with great skill to ensure that we are ready for any eventuality. We do not pay tribute to civil servants often enough, and I am sure that everyone across the House will recognise how important their work is. However, I stress that that work is work to mitigate the challenges.
If we were to leave on 29 March without a withdrawal agreement, we would be treated as a third country by the European Union. That would mean that we would face tariffs on many of our products. I am acutely aware that some of the highest and most severe tariffs would be imposed on food. Our sheep farmers and beef farmers would face the instant imposition of tariffs of at least 40% and in some cases more than 100%. Their livelihoods, and indeed the economic and social health of our countryside, would face very challenging circumstances. None of us can be blithe or blasé about those challenges.
We also know that there are at least 145,000 businesses in this country that trade with the EU—and of course do commerce in the UK—but do not trade outside the EU. As soon as we become a third country, they will need to register with Her Majesty’s Revenue and Customs in order to ensure that their trade can continue. Those businesses will need to secure their economic operator registration and identification—EORI—numbers and the other documentation necessary to trade. At the time of speaking, only about 50,000 of those 145,000 businesses have made those preparations. That means that, just over a fortnight away from the prospect of leaving without a deal, a significant number of businesses in this country do not have the wherewithal, the means, or the appropriate documentation to carry on trading.
On top of that, products of animal origin being exported to the European Union will need to undergo sanitary and phytosanitary checks—in addition to customs and other checks—at a border inspection post. A significant amount of our food produce crosses the narrow strait from Dover to Calais or goes through Eurotunnel. At the time of speaking, there is no border inspection post at either of those ports. Of course, there are many things that this Government can do to mitigate the consequences of no deal, but we cannot dictate what the EU’s tariffs will be, we cannot instruct the port authorities in France on how to order their affairs, and we cannot compel businesses to acquire the means necessary to continue to trade in the way that they have been doing. These all represent cumulative costs that businesses would face in the event of a no-deal exit on 29 March.
Several hon. Members rose—
George Eustice (Camborne and Redruth) (Con)
I thank the Secretary of State for giving way. He is right to say that the European Union does not have border infrastructure in place to carry out the border inspection checks that he mentions. Is that perhaps why the EU has asked us to dynamically align our regulations for a period of nine months so that it would not have to carry out such checks during that period?
Michael Gove
My hon. Friend is right, but dynamic alignment during those nine months would mean our being a rule-taker during that period. Dynamic alignment would allow us to be registered as a third country, but there would also be sanitary and phytosanitary—SPS—checks on a variety of products.
Stewart Malcolm McDonald (Glasgow South) (SNP)
The Secretary of State speaks as though there is some distance between him and the tragedy that he has just outlined, but is it not the case that he is a senior author of that tragedy? Does he feel no sense of shame or responsibility? Should he not apologise for the mess that we are facing?
Michael Gove
It is the responsibility of those who voted against the withdrawal agreement last night—[Interruption.] If Scottish National party Members had a care for Scotland’s industry, Scotland’s prosperity and Scotland’s farmers, they would have voted for the withdrawal agreement last night, but I am afraid that when it comes to political positioning and separatist posturing, rather than serious politics, there is no equal to the ranks of the Scottish National party.
Charlie Elphicke (Dover) (Con)
My right hon. Friend might not be aware that the authorities in Calais have said to me that they will have a border inspection post open at the end of the month. I urge his Department to work with my port and with the community in Dover on this, because they want us to have a border inspection post just outside the port—just as they do in places like Rotterdam—but the unfortunately restrictive position of DEFRA means that it is trying to say that it has to be inside the port, which it does not. Can my right hon. Friend get his Department to be more flexible?
Michael Gove
My Department has been flexible, and will continue to be flexible. We will continue to do everything possible in order to facilitate trade, but as my hon. Friend points out, although that border inspection post could be in place by the end of the month—and we hope it will be—it is not in place now.
Simon Hoare (North Dorset) (Con)
My right hon. Friend knows, as I do, just how important agriculture is to this country through the jobs that it creates and through all that it adds to biodiversity and the environment. Does he agree with my assessment that no right hon. or hon. Member who purports to understand and support farming in their constituency can support leaving the European Union without a deal?
Michael Gove
Obviously there is a diversity of views in this House, but I agree with my hon. Friend that it is in the interests of British farming, and indeed our broader environment, that we do not leave on 29 March without a deal. This is one of the reasons why I am making these arguments at the Dispatch Box now.
There are also political challenges in leaving on 29 March without a deal. As my hon. Friend the Member for South Leicestershire (Alberto Costa) pointed out, during the referendum campaign we argued that we should leave with a deal. I am also conscious that, while our mandate was clear, it is also the case that with a 52:48 result, we need to take into account the hopes and concerns of those people who did not vote to leave the European Union. The Prime Minister’s deal does that; it does more than that. Many people who voted to remain—including Members of this House in my party and in others—have accepted the result and wish us to leave in order to honour that mandate. However, they do not want us to leave on 29 March without a deal. There would inevitably be political strains and pressures consequent on leaving without a deal on 29 March that no Minister can afford to ignore.
More than that, it is important to stress that there are also significant constitutional challenges. It is the case, as several hon. Members have pointed out, that a majority of voters in Scotland and in Northern Ireland voted to remain in the EU, but we voted as one United Kingdom, and we voted to leave. It is striking that support for the Union in Scotland has risen since the vote—[Hon. Members: “It’s gone down!”] Well, we only need look at the ranks of Scottish Conservative MPs, who turfed out the partitionist part-timers of the SNP, to see which way the tide was flowing—[Interruption.] They don’t like it up ’em.
Lady Hermon (North Down) (Ind)
The Secretary of State will be well aware, as will other Members, that Northern Ireland has not had a functioning Assembly for over two years. We have had no Ministers in Northern Ireland for over two years. This House, including the Members of the Democratic Unionist party, must therefore give due weight to the serious warning issued last week by the head of the Northern Ireland civil service, David Stirling, about the grave consequences for Northern Ireland of a no-deal Brexit.
Michael Gove
The hon. Lady, for whom I have enormous respect, is absolutely, 100%, totally right. Of course, it is up to this House to take that decision, but it is the case, whatever the position in Scotland—there can be no doubt that leaving without a deal would impose additional pressures on our precious Union—that there would be particular pressures on Northern Ireland if we leave without a deal on 29 March. As the hon. Lady points out, Northern Ireland has been without a devolved Government for two years and, in the absence of the Stormont institutions, my right hon. Friend the Secretary of State for Northern Ireland has introduced legislation and guidance to empower Northern Ireland’s civil servants, including the wholly estimable David Stirling, to continue to take decisions that are in the public interest. That arrangement is sustainable at the moment, but it is the sincere hope of myself, my colleagues in Government and, I believe, almost everyone across the House that we can restore the Northern Ireland Executive.
However, it is also clear that the current situation, with no Executive, would be difficult to sustain in the uniquely challenging context of a no-deal exit. If the House voted for no deal, we would have to start formal engagement with the Irish Government about further arrangements for providing strengthened decision making in the event of that outcome. That would include the real possibility of imposing a form of direct rule. That is a grave step, and experience shows us that it is hard to return from that step, and it would be especially difficult in the context of no deal.
Mr Laurence Robertson (Tewkesbury) (Con)
The Secretary of State will be aware of the Secretary of State for Northern Ireland’s written statement today, which affords frictionless trade to the Republic of Ireland in terms of tariffs and there being no checks. If that can be the basis of no deal, why can it not be the basis of a deal?
Michael Gove
It is the case that my right hon. Friend the Northern Ireland Secretary has issued a written statement, and it is the case that those provisions seek to minimise the consequences of no deal, but that is a temporary arrangement that could be open to legal challenge. To put it at its highest, it is a sub-optimal arrangement. It is a reflection of the hard work of the Northern Ireland civil service and my right hon. Friend the Northern Ireland Secretary that we will do everything we can to minimise frictions and checks at the border in order to underpin the importance of both commerce and peace on the island of Ireland. However, it is emphatically not an arrangement that any of us can regard as genuinely sustainable or ideal.
Michael Gove
I am happy to give way to all my hon. Friends, but I will give way first to my hon. Friend the Member for Chelmsford (Vicky Ford).
Vicky Ford
My right hon. Friend is making a clear case for why leaving without a deal at the end of this month would bring such uncertainty. Will he provide more clarity on how the time could be used during an extension?
Michael Gove
It would be for the House to decide tomorrow what type of extension it believes is appropriate. The most important thing that we could do is to rally behind a withdrawal agreement that ensures that we can preserve not just the strength of our economy, but the gains from leaving the EU. It is also the case, as I indicated earlier, that civil servants are working incredibly hard to ensure that we can mitigate all consequences.
Several hon. Members rose—
Michael Gove
I will give way to the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) in a second, but I will not give way to the hon. Gentlemen from the SNP. First, however, I will give way to my hon. Friend the Member for South West Wiltshire (Dr Murrison).
Dr Murrison
This morning’s written statement’s bearing on tariffs is welcome, particularly the zero tariffs on goods travelling north to south on the island of Ireland, but what discussion has he had with Dublin about tariffs on goods travelling south to north? Given the importance of agrifood in Northern Ireland, he will appreciate the potential grave disadvantages for agriculture in Northern Ireland in the event of no deal.
Michael Gove
My hon. Friend makes an important point. I have spoken to Michael Creed, who is the responsible Minister, but there are additional challenges that agriculture and food processing in Northern Ireland would face in the event of a no-deal scenario on 29 March.
Several hon. Members rose—
Michael Gove
I will give way to my hon. Friend the Member for East Surrey (Mr Gyimah) and then to the right hon. Member for Normanton, Pontefract and Castleford.
Mr Gyimah
My right hon. Friend is being incredibly generous with his time. The overwhelming view of business is that no deal should be taken off the table. Given that those of us on the Government Benches know that the success of our party and our country is based on backing the job creators and the wealth creators, how does he think the Conservative party of the 1980s would look at our response to business at the moment?
Michael Gove
I am fortunate to speak after the Chancellor of the Exchequer gave a spring statement in which he underlined the fact that this country has had the longest period of uninterrupted growth of any G20 economy and that we have a faster-growing economy—and are predicted to have a faster-growing economy—than Italy, Germany and Japan. It is also the case that we have a record number of people in work and real wages are rising. Under his leadership and that of the Prime Minister, anyone nostalgic for the ’80s would say that, actually, what we have once more is economic success delivered by a Conservative Government putting the national interest first.
Several hon. Members rose—
Michael Gove
I am happy to give way to the right hon. Member for Normanton, Pontefract and Castleford, but then I will make progress.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
The Secretary of State is making a very strong argument against no deal and the damage that it would cause. The purpose of the votes today and tomorrow is to establish the default position. If we do not have a deal in place—and we do not have a deal in place with the majority behind it in the House—what will the default position be on 29 March? Will he clarify his position on this, as it is not clear in the motion? If there is no deal in place by 29 March, does he agree that the default position cannot be simply to leave without a deal?
Michael Gove
That is exactly what the motion today is designed to assert, and that is why I hope that people will support it.
Michael Gove
No. I wanted to stress that in underlining all these challenges and by emphasising that we are doing everything that we can to mitigate them, it is not the case—I made this point earlier, and I want to underline it for the benefit of all—that we are taking no deal off the table. The only way that that can be done is either to revoke article 50 and decide to stay in the European Union, or to conclude an agreement. That is an inescapable fact, and that is why we face a series of unattractive choices. Many of the alternatives that have been put forward would undoubtedly be worse.
Michael Gove
No. The Labour party is now committed to a second referendum, and indeed there has been no more impressive and articulate advocate of that position than the hon. Gentleman—
Mr Speaker
Order. The Secretary of State has made the position clear. Let me conduct the very briefest tutorial for the benefit of the illustrious Chair of the International Trade Committee of the House of Commons. It is unseemly, to the point of being disorderly, to try to speak one’s intervention by mouthing it before permission has been given to undertake it. It is a point that is so blindingly obvious that, as I often observe, only an extraordinarily sophisticated person, possibly from Na h-Eileanan an Iar, could fail to grasp it. Secretary of State.
Michael Gove
Thank you very much, Mr Speaker. Once again, I am grateful that you are in the Chair.
The Labour party is now committed to a second referendum, but many of its leading spokespeople have made clear what they thought of a second referendum in the past. The shadow Education Secretary said that it would be a mistake and would show disdain for democracy. Indeed, the shadow Foreign Secretary, the right hon. Member for Islington South and Finsbury (Emily Thornberry), when asked about a second referendum, said, “No, we don’t think that’s right. If we went for a second referendum we would be saying to people, ‘We think you’re stupid. We think you made the wrong decision. We’re going to do something else.’” Now that she embraces a second referendum, I am afraid that having once sneered at the flag of St George, she now confirms that she wants to tell the British people that they are, in her view, wrong and stupid. That may be a view popular in Islington South, but it is not the view of the Government, who are determined to honour the votes of the British people and who will not dismiss their sovereign decision as either wrong or stupid.
Michael Gove
I will tell you one thing that is worse than Jeremy Corbyn, and that is the prospect of an independent Scotland with the gaggle of, as I said earlier, part-time partitionists in favour.
Michael Gove
There is one thing that is better than Jeremy Corbyn, and that is the hon. Member for Hove (Peter Kyle).
Peter Kyle
I take compliments wherever I can find them. The Secretary of State and the Prime Minister have said at the Dispatch Box, previously and today, that the House is very good at striking down things that are on the table but very bad at putting forward alternatives. I have noticed in recent days that both of them have been doing exactly the same thing; they spend a lot of time striking down any other proposition that is mentioned from across the House, but the one they are sticking to has also been decisively struck down more than any other—twice, in historic proportions. If we carry on doing the same thing, we are going to get the same result. Is he suggesting that he will bring the deal back again and again and again, or will he show the leadership expected of somebody in his position and someone in the Prime Minister’s position and change course, listen to other propositions and engage with people who are trying to compromise?
Michael Gove
I said before the hon. Gentleman was better than Jeremy Corbyn and he proved by his intervention that he is much, much better than Jeremy Corbyn. I do not agree with the hon. Gentleman on everything, but I do think it is right that we have dialogue across this House. We are in an uncomfortable position. I was an enthusiastic supporter of the Prime Minister’s deal. It commanded more votes last night than it did at the first time of presentation, but it did not command a majority in this House. That is why it is the responsibility of us all not only to listen and reflect, but to recognise that none of us can dodge choices. The choices before this House as a result—
Several hon. Members rose—
Michael Gove
No. The choices before this House as a result of the decision not to endorse the Prime Minister’s deal last night are unattractive, and I have laid out just how unattractive some of them are. Another proposition has been put forward—
Ms Angela Eagle (Wallasey) (Lab)
On a point of order, Mr Speaker. The Secretary of State has just made it clear that the Government’s intention is to keep putting the same deal back to the House over and again, even though it has been decisively defeated twice, possibly ad infinitum. Is that not out of order?
Mr Speaker
There are historical precedents for the way in such matters are regarded. I do not need to treat of them now and no ruling is required now. There may be people who have an opinion about it. I am not really preoccupied with that, but a ruling would be made about that matter at the appropriate time, and I am grateful to the hon. Lady for reminding me that such a ruling might at some point in the future be required.
Michael Gove
Thank you very much, Mr Speaker. For the benefit of the hon. Lady, let me say that I am simply making it clear that as a result of last night’s vote we face a series of unpalatable choices. The Government have put forward a motion tonight that I hope right hon. and hon. Members will support. It would ensure that we do not leave on 29 March without a deal, but this House has to decide—it has to decide what it wants—and that is why I agreed with the hon. Member for Hove (Peter Kyle). This House has been very good at saying no and insufficiently statesmanlike in supporting the Prime Minister in her efforts. It is now make your mind up time for this House. It is crucial that Members on all sides respond appropriately.
Hilary Benn (Leeds Central) (Lab)
Can the Secretary of State explain to the House why it is democratic to keep bringing back to the House a proposition that has been overwhelmingly defeated on two occasions, but it is somehow undemocratic to suggest that the British people should be asked whether they want to change their minds?
Michael Gove
I point out two things on that. First, the proposition that was put before the House was significantly different from the one that was put before the House beforehand. [Laughter.]
Michael Gove
The hon. Gentleman taxes me about stupidity. I will return to his comments in just a second. The key thing is that the proposition was different, but of course we did not secure support for it and the House now has to decide. I respect the right hon. Member for Leeds Central (Hilary Benn) very much, as he knows, but it was the official position of his Front-Bench team not to endorse a second referendum and they have done what might inelegantly be called a flip-flop or U-turn. I was merely pointing out to the House the nature of that flip-flop and U-turn.
Mr Kenneth Clarke
My right hon. Friend keeps saying that when we reach 29 March, we will not leave unless we have a deal, and he has been considering the alternatives, because currently doing nothing means that, by law, we will leave with no deal. He keeps suggesting revoking article 50. Is that because we could seek an extension, if by then the House has some idea of what it is seeking an extension for, but the EU might then refuse it? Is he prepared to contemplate and is it the Government’s position that if the EU refuses an extension, we will revoke article 50, no doubt with the intention of invoking it later, once Parliament and the Government have decided what it is we are seeking for our future?
Michael Gove
The Father of the House makes an important point, but we cannot revoke article 50 and then invoke it again later. The European Court of Justice has made that absolutely clear, which is why—
Joanna Cherry (Edinburgh South West) (SNP)
Will the Secretary of State give way on that point?
Emma Reynolds (Wolverhampton North East) (Lab)
If the Government are serious about engaging with alternatives to the deal that we voted on last night and serious about listening, why will they not grant a series of indicative votes, as recommended by the Exiting the European Union Committee, on which I serve and which is chaired by my right hon. Friend the Member for Leeds Central (Hilary Benn), to determine the will of the House?
Michael Gove
The hon. Lady makes an important point. Depending on how the House votes today, we may have an opportunity to vote on that proposition tomorrow. It is important is that we find consensus as quickly as we possibly can.
Joanna Cherry
On a point of order, Mr Speaker. I think the Secretary of State has got confused between the ruling of the Court of Justice and the preliminary opinion of the advocate-general. It was the preliminary opinion of the advocate-general that suggested that once article 50 was revoked, it could not be implemented again, whereas the opinion of the Court of Justice does not say that. Given that it is a judgment of the highest court in Europe, how can I put the record straight? The Secretary of State seems to have misunderstood the judgment.
Mr Speaker
That attempted point of order suffered from the material disadvantage of not being a point of order. The hon. and learned Lady has made her point. Legal exegesis as between a court and an advocate-general is not a matter for the Chair. I would go so far as to say that it is well beyond my limited capabilities. I am grateful to the hon. and learned Lady for elevating me to a level of prowess that I cannot profess.
Michael Gove
That was revealing of the Scottish National party’s position: it wants to be in and then out, in the same way as it wants to be in the European Union but out of the common fisheries policy. We now know that the SNP is the hokey-cokey party—in, out, shake it all about.
Michael Gove
No. I think we have had more than enough from the collection of circus acts of the Scottish National party.
Mr Speaker
Perhaps the Secretary of State is invested with psychic powers—I have no way of knowing—but I am bound to say to the hon. Gentleman that in my dealings with the Secretary of State, I have never regarded him in any way as a bully. He is sometimes insistent upon his point of view, but I must say that I have never found him remotely pressurising. Dealing with him is not difficult at all.
Michael Gove
Thank you very much for that generous encomium, Mr Speaker. I am always happy to debate with the SNP.
Michael Gove
What I am not happy to do is to allow the time of this House, when there are so many other serious speakers who want to make their points, to be absorbed by repetitious and self-serving chicanery from the representatives on the SNP Benches.
I wish to turn to one other proposition that has been put forward as an alternative, and that is the position of the official Opposition, which, while not shaped by an amendment today, is their policy, which is that we should be members of a customs union. What is striking about the position that they put forward for the customs union is that they say that, in that customs union, we should be able to offer businesses state aid, which we are not able to offer in the EU. Well, that would be illegal. They also say that we should have a voice in that customs union in the EU’s negotiation of trade deals. Well, no such voice for any member of the customs union who is not a member of the EU exists. They also say that we should have independent trade remedies separate from those that the EU provides.
Mr Speaker
Those addressing the House from the Treasury Bench get a degree of latitude, but I do note what the right hon. Lady says and I hope that contributions will focus on what the debate is supposed to be about, for if that were not to happen, there would have to be another debate on the matter in order to meet the terms of the commitment that has been given. That might be inconvenient for some people, but that debate on that matter will take place, and about that there need be no doubt on any Bench—Back or Front.
Michael Gove
Thank you very much, Mr Speaker. I hope that I was able to outline earlier some of the real difficulties in leaving without a deal on 29 March. It is perfectly open to Members to take different views on that matter.
Heidi Allen (South Cambridgeshire) (Ind)
Will the right hon. Gentleman give way?
Michael Gove
No, no, no.
I hope that people recognise that I have tried to take as many interventions as possible, but we must now move on to hear from the principal Opposition spokesman and, of course, to make sure that as many Back Benchers as possible have their voices heard.
Michael Gove
No!
It is important that all of us in this House recognise that, as a result of the vote last night, there are no easy options, no attractive choices, left. I hope in the debate today and, inevitably, in the debate that follows tomorrow, we all take the responsibilities of representing our constituents as seriously as possible. We all need to recognise that leaving on 29 March without a deal would impose economic, political and constitutional challenges and risks for this country that I do not believe that we should undertake. I therefore think that it is important that we all work across this House, and across old divisions, to try to seek a consensus—a consensus that could unite all four nations of the United Kingdom and could unite all our citizens in making sure that we honour the referendum mandate and we leave the European Union in a way that is economically sensible and democratically legitimate. That is why I commend this motion to the House.
Several hon. Members rose—
The Secretary of State for International Trade and President of the Board of Trade (Dr Liam Fox)
This has been a useful debate, if not unpredictable in its contributions. My right hon. Friend the Member for Meriden (Dame Caroline Spelman) made one of the key points in her contribution earlier when she said that we in this House were not given a request by the British public to leave the European Union; we were given an instruction by the British public to leave the European Union. This House triggered article 50, this House set the date for leaving as 29 March and, as my right hon. Friend the Member for Wokingham (John Redwood) pointed out, 80% of the Members of this House were elected on a manifesto commitment to honour the result of the referendum, which is not something we should take lightly.
I accept that many of those who seek a delay to Brexit have a range of motives, and I think an ounce of civility would sometimes do well in some of our proceedings. I accept that some seek a delay out of a genuine fear of what no deal might produce and want more preparations to be undertaken. However, there are also some in this House—we know it to be true—who seek to defy and reverse the result of the referendum itself. We in this House need to understand the democratic disaster that would await us if we took that course.
Many of us have made a number of compromises to be able to support the Prime Minister’s agreement—I pay tribute to the Prime Minister for her tenacity and simple good manners in the way in which she has dealt with the House—but if we are to leave the European Union in line with the instruction, it is a menu with limited options. We either leave with a deal, and the only deal available is the Prime Minister’s deal at the present time, or we leave with no deal, with unavoidable consequences.
Liz Kendall (Leicester West) (Lab)
Will the right hon. Gentleman give way on that point?
Dr Fox
I am not giving way.
The alternative is to revoke article 50 and have no Brexit at all, with unavoidable and unforeseeable consequences.
This motion focuses on the date of 29 March. At that point, we either have to leave with a deal, in line with article 50, or leave with no deal, for which the risks have been set out. If we choose neither of these, then we have to have an extension of article 50 either to make administrative changes for a deal that may already have been negotiated, or simply to have an extension when we do not know what the point of it will necessarily be. Let me say, on this extension, first, it is not in our gift unilaterally to grant such an extension; secondly, it requires unanimity among all 27 other European countries; and, thirdly, we cannot know what price might be extracted from the United Kingdom for that extension. It is not an easy option for the House or the country to take.
What are the alternatives to the Government’s policy? We were told at the outset of the debate by the shadow Brexit Secretary, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), that Labour had repeatedly warned us about x, y and z. Nothing could be further from the truth. We have had nothing but inconsistency from the Labour Front Bench. The Labour leader did not want another referendum; now he does want another referendum, despite the fact that the shadow Foreign Secretary, the right hon. Member for Islington South and Finsbury (Emily Thornberry), says it is telling Labour voters they are stupid. The shadow Brexit Secretary wants a referendum, but will not put down an amendment to say that it can happen. Labour said that it wanted to end free movement of people; now it wants to be part of the single market all over again. It said it wanted an independent trade policy, but what it has is simply legally impossible, because the European Union rules do not allow a third country to have an influence on EU trade policy. [Interruption.]
Several hon. Members rose—
Dr Fox
Mr Speaker, I have made it clear that in the nine minutes available to me, which I accepted in order to allow more Members time to speak, I will not be giving way.
For much of this debate I did not recognise the country being described as the country I live in—a country that many seem to be describing as isolated, inept and intimidated by its own future. I believe in the future of this country. We are not passengers in our own destiny; we are able to control our own future. This is a country with exports at record levels; a country where last year, when global foreign direct investment fell by 40%, foreign direct investment went up by 20%; a country with employment at an all-time high; a country that has had more consecutive quarters of growth than any other G7 country; and a country that is producing these results under good Conservative management.
Neither did I understand the picture painted of the preparations already made for no deal, because we and the civil service have spent a great deal of time on the mitigations.
Dr Fox
Pharmaceutical companies are ensuring—[Interruption.] I am not taking interventions. Pharmaceutical companies are ensuring adequate stocks and increased air freight capacity. We have set out our new tariff policies for day one, liberalising our economy so that 87% of imports will be tariff-free, and setting up a trade remedies authority to protect our steel and ceramics industries. The EU has also made its own preparations.
Mr Speaker
Order. There is much gesticulation. The right hon. and learned Member for Rushcliffe (Mr Clarke) is seeking to intervene, but it is for the Secretary of State to decide whether to take the intervention. As I understand it, he is aware of the intended intervener but does not wish to take the intervention.
Dr Fox
The Father of the House already had more time to make his contribution than I have had today.
I want to answer the very direct question I was asked by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper): is the result of this vote that the default position is that we will not leave the EU on 29 March without a withdrawal agreement? That is the result of the motion we are debating tonight. But I have to say to the right hon. Lady that the only way to take no deal off the table in the longer term is to have a negotiated deal, unless we were to revoke article 50 and have no Brexit. There would be no worse outcome for this House, for this country and for our democracy than to have no Brexit. We have been given a clear instruction by the people of Britain. In the days ahead, we in this House must decide who in our democracy are the masters and who are the servants.
We heard from the hon. Member for Bath (Wera Hobhouse) what can only be described as a diatribe about the will of the people, which she derided. I happen to believe that when this House contracts out its sovereignty on an issue, which we did on the European Union, and we tell the people of Britain that we will accept what decision they take, we are honour-bound and duty-bound to take that decision. When she says that the will of the people does not matter, it might not matter to the Liberal Democrats, but it matters to the Conservative party. For me, this is ultimately a decision about our democratic values.
Mr Speaker
Order. I fear that it is more a point of frustration. No impropriety—[Interruption.] Order. I accept that the hon. Lady might be irritated, but the right hon. Gentleman is not giving way and now is not a time for points of order. If she wants to make a point of order later, I will take it.
Mr Speaker
Under the Order of the House of today, I must now put the Questions necessary to dispose of proceedings on the motion. We begin with amendment (a), in the name of the right hon. Member for Meriden (Dame Caroline Spelman), who has since advised me and, equally—or more importantly—the House that she does not wish to move her amendment. I thank her for her courtesy in telling me and the House. However, I am advised that her co-signatory—it is in the ownership of the House—the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) does wish to move the amendment.
The Prime Minister (Mrs Theresa May)
On a point of order, Mr Speaker. The House has today provided a clear majority against leaving without a deal. However, I will repeat what I have said before. [Interruption.]
Mr Speaker
Order. The House must calm itself. We have a long time to go—both today and on subsequent days. Keep calm.
The Prime Minister
This is about the choices that this House faces. The legal default in UK and EU law remains that the UK will leave the EU without a deal unless something else is agreed. The onus is now on every one of us in this House to find out what that is. The options before us are the same as they always have been: we could leave with the deal that this Government have negotiated over the past two years; we could leave with the deal that we have negotiated but subject to a second referendum, but that would risk no Brexit at all—[Interruption]—damaging the fragile trust between the British public and the Members of this House; we could seek to negotiate a different deal, but the EU has been clear that the deal on the table is indeed the only deal available. [Interruption.]
Mr Speaker
Order. The great likelihood—I await further comment, but I think that I can say this without fear of contradiction—is that there will be further opportunities for these matters to be debated, but in the immediate term, please, let us have some courtesy. There will be further debate on these matters, of that I think we can be sure.
The Prime Minister
I confirmed last night that if the House declined to approve leaving without a deal on 29 March 2019, the Government would bring forward a motion on whether the House supports seeking to agree an extension to article 50 with the EU, which is the logical consequence of the votes over the past two days in this House. The Leader of the House will shortly make an emergency business statement confirming the change to tomorrow’s business. The motion we will table will set out the fundamental choice facing this House. If the House finds a way in the coming days to support a deal, it would allow the Government to seek a short, limited technical extension to article 50 to provide time to pass the necessary legislation and to ratify the agreement we have reached with the EU.
Let me be clear: such a short technical extension is likely to be on offer only if we have a deal in place. Therefore, the House must understand and accept that if it is not willing to support a deal in the coming days and as it is not willing to support leaving without a deal on 29 March, it is suggesting that there will need to be a much longer extension to article 50. Such an extension would undoubtedly require the United Kingdom to hold European Parliament elections in May 2019. I do not think that that would be the right outcome, but the House needs to face up to the consequences of the decisions that it has taken.