20:59 - The House divided: - Ayes: 441 / Noes: 105 - Question accordingly agreed to.
The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)
I beg to move,
That the draft European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) Regulations 2019, which were laid before this House on 25 March, be approved.
First, I express my gratitude to the Joint Committee on Statutory Instruments for its report today. I do of course regret the necessity to have to introduce this instrument and would prefer that we were leaving the EU with a deal at the end of this week. I have voted on two occasions for that outcome, but the House has not. The Chancellor of the Duchy of Lancaster made it clear in the debate on 14 March that the Government would accept the will of the House and seek an extension if that was what Parliament voted for. Parliament then voted by 412 to 202 to approve a motion to seek to extend article 50. An extension has therefore been agreed with the EU and the Government are now committed to implementing it in domestic law.
Mr Mark Francois (Rayleigh and Wickford) (Con)
I want to ask the Minister about a technical point. The operative paragraph of the explanatory notes that accompany the SI says that, if the House of Commons does not approve the withdrawal agreement by 11 pm on 29 March 2019—the so-called relevant time—the treaties will instead cease to apply at the earlier date of 11 pm on 12 April 2019.
Mr Francois
Great. I will carry on then.
The Government were meant to lay a commencement order to allow us to leave. As I understand it, they never laid such an order—I do not know whether they were ever going to. Does this SI now have the effect that the commencement order would have had? In other words, if we approve the SI and have not approved the meaningful vote, would we then leave at 11 pm on 11 April, without the need for a separate commencement order? I think the Minister understands the question.
Mr Walker
I do understand my right hon. Friend’s question. The answer is that a commencement order would have to be laid before the point at which we left, whatever that leaving date was. I do not think it is necessarily directly relevant to the debate on this SI, because this SI does not set the date on which we leave the European Union but reflects the date agreed in international law.
As the House will be aware, the decision adopted by the European Council, agreed to by the UK, provides for two possible durations, as my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) just pointed out: should the House approve the negotiated withdrawal agreement this week, the extension will last until 22 May; if the House does not approve the withdrawal agreement, the extension will last until 12 April.
Sir Edward Leigh (Gainsborough) (Con)
What would be the effect if the House rejected the SI tonight? We are constantly told that international law always trumps domestic law, so what would be the effect? Is there any point in voting for or against the motion, because it really has no effect at all? International law will always trump what we do, and in that sense parliamentary democracy is inferior to international law. Is that correct?
Mr Walker
My right hon. Friend makes an important point, but there would be a profound effect as a result of the rejection of this SI, and I shall come to that later in my speech. It is important to state that, were we to reject this SI, it would leave the UK statute book in a mess, so I do not think that is a good course of action.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
The Minister referred a moment ago to the House passing the withdrawal agreement by this week. We obviously heard Mr Speaker’s ruling earlier and rumours abound that the Government intend to introduce the withdrawal and implementation Bill on Friday. Could he confirm whether that is correct and whether it would have any provisions to alter section 13 of the European Union (Withdrawal) Act 2018, which is of course intimately tied up with this statutory instrument?
Mr Walker
It will be a matter for the Leader of the House to announce business, not for me. I heard, as I am sure the whole Government heard, the Speaker’s ruling. We take careful note of what the Speaker says and of course we will act with due respect to that. However, I hope that the House has the opportunity to consider the only withdrawal agreement that has been negotiated and agreed to by the EU.
Several hon. Members rose—
Mr Walker
I will make a bit of progress. The regulations cater for an extension in either scenario by redefining exit day to ensure the date and time specified in the definition is 11 pm on 22 May or 11 pm on 12 April, depending on whether the House approves the withdrawal agreement. In either of those extension scenarios, we will not be required to participate in European parliamentary elections. This vital instrument has the simple but crucial purpose of making sure that our domestic statute book reflects the extension of article 50 agreed with the EU on Friday 22 March.
John Redwood (Wokingham) (Con)
Could the Minister explain this? I think the UK Government wanted 30 June but that was scaled back to 12 April. Could he explain why the EU thought that it was much better to have a short period? As someone who does not want such a period at all, I obviously find myself on the EU’s side, rather than the Government’s.
Mr Walker
I suspect that my right hon. Friend may well welcome the chance of that shorter period, but I think the answer is simply that that was the decision reached by the European Council and agreed by the Council and the UK.
Put simply, the instrument does not set the date of our departure, which has already been agreed. It reflects that in domestic law. While the instrument itself is straightforward, its effect will apply across the domestic statute book, so it is important that I set out the details of what it will do—this comes to the point of my right hon. Friend the Member for Gainsborough (Sir Edward Leigh). I have explained this to my ministerial counterparts in the Scottish Government and the Welsh Assembly, setting out why the UK Government are taking the instrument forward.
Mr Richard Bacon (South Norfolk) (Con)
My right hon. Friend the Member for Wokingham (John Redwood) did not ask the Minister to restate the position. He asked why the European Council went for the earlier date, rather than 30 June. Why did it do that?
Mr Walker
My understanding is that that was the Council’s view of when we would have to give notice that we would be holding European elections, if we were staying in for longer, and that is why it set that date as the date by which we would have to have made our mind up as to whether we are leaving. But that is for the European Council to determine. I am not a spokesman for it.
Currently, major changes to our domestic statute book reflecting our exit from the European Union are due to take effect on exit day, which is defined in the EU withdrawal Act as 11 pm on 29 March, despite the extension terms that have been agreed at international level. These changes apply across a huge number of policy areas, from emissions trading to Europol. All these changes are designed to ensure that our statute book works when we leave the European Union, and all are due to take place on exit day. This definition has effect across the whole UK statute book. Now that an extension to article 50 has been agreed in EU and international law, we need to amend that date to reflect the new point at which the EU treaties cease to apply.
Ms Angela Eagle (Wallasey) (Lab)
Has the Minister learned any lessons about putting exact times and dates on the statute book in primary legislation just so that his Prime Minister can blackmail her own party?
Mr Walker
The hon. Lady makes a political point, which is not particularly appropriate for a debate on technical legislation. The instrument has been laid under the EU withdrawal Act to do just what I said. Section 20(4) of the Act contains a power to amend exit day through a statutory instrument.
Mr David Jones (Clwyd West) (Con)
The Minister mentioned that the European Council agreed an extension. There was a resolution of this House to seek to agree an extension, which I suggest amounts to an authority to negotiate. Has he been advised that that also amounted to an authority to conclude an extension? Did he get legal advice on that point?
Mr Walker
I know that my right hon. Friend is a keen legal eagle, as well as an experienced former Minister in this Department, but of course the Government are confident of their legal position in the decisions that they have taken.
The power was specifically included in the EU withdrawal Act because parliamentarians envisaged a situation in which extension could be required. As the then Under- Secretary said, the Government had had discussions with Back Benchers and were grateful that they tabled their amendments, which
“provide the Government with the technical ability to amend the date, but only if the UK and the EU unanimously decide to change the date at which treaties cease to apply to the UK, as set out in article 50.”—[Official Report, 20 December 2017; Vol. 633, c. 1155.]
Sir William Cash (Stone) (Con)
Will the Minister report to the House the outcome of this afternoon’s meeting of the Joint Committee on Statutory Instruments? Did the Committee consider the question of vires, as is within its Standing Orders?
Mr Walker
I did not catch the whole of my hon. Friend’s question, but I am confident that the Joint Committee on Statutory Instruments has had a chance to look at the matter, and I welcomed its report at the beginning of my speech.
Let me be clear with the House that the power in the EU withdrawal Act can only be used to redefine exit day to the new day and times that the treaties will cease to apply in the UK. To specify any other day would not be a legal use of that power. It is critical that the House approves this instrument for the simple reason that the extension of article 50 has been agreed and is therefore legally binding in international law.
I understand that some Members have been of the view that we are still set to leave the EU on 29 March, but that is not legally the case. Owing to the agreement between the UK and the EU to extend article 50, the UK will remain a member state of the EU until at least 11 pm on 12 April as a matter of international law. If this instrument were not to pass, therefore, it would not change that fact, but it would lead to confusion across our statute book from 29 March.
Mr Peter Bone (Wellingborough) (Con)
I have this wonderful machine that says we are now two days, four hours, 17 minutes and 12 seconds away from coming out of the EU; this is a pretty good machine, actually. Is not the truth of the matter that, if we reject this SI tonight—I hope we do by a big margin—we will have come out in domestic law and we will be in breach of an international treaty for about two weeks, and that is why the Minister needs to get this through?
Mr Walker
I simply do not share my hon. Friend’s understanding or view of the matter. I respect his point of view, but I am afraid that he is not right on the legal facts.
A large volume of EU exit legislation, preparing the statute book for the moment EU law ceases to apply, is due to enter into force automatically on exit day. Without this instrument in place, there would be a clash in our domestic law whereby contradictory provisions would apply—both EU rules and the new UK rules simultaneously. In some cases, new UK rules would replace EU rules prematurely.
We estimate that tens of thousands of amendments to our domestic legislation will be made in the light of EU exit. These include changes that relate to the sharing of information, reporting requirements placed on businesses and public institutions, and the role of the European Commission in issuing licences and certificates. For example, let us take the amendments relating to the rights of lawyers to practise in the UK. If these regulations come into force on 29 March, EU lawyers who are not registered European lawyers immediately before exit day are at risk of committing a criminal offence if they continue to provide particular legal services in the UK. Other examples include UK operators being unable to comply with the EU emissions trading scheme and having to surrender their emissions allowances early, and the risk that firms stop trading to avoid legal breaches given their uncertainty about when new customs, excise and VAT regimes would kick in.
There are examples from across the statute book, but it is clear that without this instrument there would be significant confusion and uncertainty for businesses and individuals on 29 March.
Richard Graham (Gloucester) (Con)
My hon. Friend is making the strongest possible case that this statutory instrument is important to ensure that our reputation across the world for being a country that is reliable to deal with, and whose obligations in international law are the same as our domestic legislation, remains intact.
Lady Hermon (North Down) (Ind)
Is not the reality of the situation that, while we affectionately refer to the withdrawal deal as the Prime Minister’s deal, it has been signed by 27 other EU member states? It is signed and it is not going to be unsigned: the deal is done. There is only one deal and that is the Prime Minister’s deal. The extension that we need to vote for tonight is very short. We absolutely have to get behind this Brexit deal, get it through, get the implementation period and move on. The deal is not going to be reopened by the other 27.
Sir Christopher Chope (Christchurch) (Con)
I wonder whether my hon. Friend can explain why, when his junior Minister, the hon. Member for Spelthorne (Kwasi Kwarteng), was asked in the House on Friday whether
“the article 50 period will only be extended if the House votes for a statutory instrument to give effect to such an extension”,
he confirmed:
“The Government would have to lay a statutory instrument and the House would have to debate and vote on it.”—[Official Report, 22 March 2019; Vol. 656, c. 1377.]
It now seems as though that was totally inaccurate.
Mr Walker
I did not see what my hon. Friend said in that debate, but I am very grateful to my hon. Friend the Member for Christchurch (Sir Christopher Chope) for promoting me so that I have junior Ministers underneath me.
The question before us is not whether the extension to article 50 happens, but the separate question of whether the domestic statute book reflects this extension, without which there could be a confusing and unclear statute book with clashing provisions. If we are to resolve that, it is essential that this instrument is passed before 11 pm on 29 March so that it can come into force ahead of that time. This will align exit day in UK law with the new day and time on which the EU treaties cease to apply to the United Kingdom in both EU and international law.
Sir Bernard Jenkin (Harwich and North Essex) (Con)
This Executive decision was approved by a Minister without proper reference to Parliament, bringing back to this House not just international law but law that is binding in our own law and binding on this Parliament. May I put it to my hon. Friend that it is exactly this kind of decision making and law making that people voted against in the referendum?
Mr Walker
My hon. Friend makes an important point on which many of us could agree—that this process reflects some of the issues that caused people to vote in the way that they did. However, the House voted for an extension and it was in respecting the vote of this House that the Government sought to negotiate one.
I am acutely aware of the huge amount of work undertaken by Members across this House to scrutinise—
Sir Christopher Chope
On a point of order, Mr Speaker. The Minister made light of my intervention, in which I expressly drew the attention of the House to what we had been told on Friday during an urgent question by a Minister of the Crown from his Department. If what was said then is wrong, when are we going to get an official correction and apology from the Government, because those of us who were in the House on Friday were certainly gravely misled by what was said?
Mr Speaker
I am extraordinarily grateful to the right hon. Gentleman, but I wonder if we now might return to the relatively narrow ambit of the statutory instrument.
Mr Walker
Thank you, Mr Speaker. I shall be brief.
I am acutely aware of the huge amount of work undertaken by Members across the House to scrutinise the near 550 statutory instruments brought forward to prepare for exit and provide legal certainty. If this instrument were not to pass, that work would be undermined by the legal uncertainty created. If, on the other hand, we passed today’s instrument, the only thing that would change across all those SIs is the moment at which they come into force, aligning with the time of our exit so that they work properly.
I remain hopeful that the House will support the Prime Minister’s deal and that we will leave the EU on 22 May, with a short technical extension to ensure that we can pass the necessary implementing legislation. This instrument is, however, without prejudice to whether that is the case. I hope the House can agree on the necessity of this instrument and approve it, so that it can come into force and we can avoid serious confusion and uncertainty for businesses and individuals.