The Leader of the House of Commons (Andrea Leadsom)
I beg to move,
That this House shall sit on Friday 29 March 2019.
May I start by saying that I recognise that changes to the sittings of the House agreed at short notice can create inconvenience to Members and their constituents? I know how important constituency work is to all of us, and I regret not being able to give more notice. I do, however, believe that all of our constituents expect the House to continue to make progress at this crucial time. To be of assistance to the House, I can again confirm that, should the House agree to this motion, it is intended that the sitting hours tomorrow will be the same as for a normal sitting Friday, with the House sitting from 9.30 am and the moment of interruption at 2.30 pm. Should any urgent questions be allowed, these would take place from 11 am and the debate would resume following those urgent questions in the usual way. As I said earlier today in my business statement, I join those who recognise the hard work and dedication of the staff of the House and of our civil servants. I thank them for their support to us in this place, and I am very grateful to them in advance for their work tomorrow should this motion be agreed.
As I said to the House during my business statement earlier today, the motion tabled by the Government this afternoon has been prepared in order that it complies with your ruling, Mr Speaker, while also reflecting that the European Union will agree an extension to article 50 until 22 May only if the withdrawal agreement is approved by 11 pm on 29 March. It is crucial, therefore, that we make every effort to give effect to the Council’s decision, and tomorrow’s motion gives Parliament the opportunity to secure that extension. I think we can all agree that we do not want to be in the situation of asking for another extension and facing the potential requirement of participating in European Parliament elections.
Chris Bryant (Rhondda) (Lab)
Could the Leader of the House read out the motion, so that we know what we will be debating tomorrow?
Andrea Leadsom
The motion has been tabled, and the hon. Gentleman will be able to find it in the Table Office. [Interruption.] I am happy to read it out. It is quite lengthy, so I hope Members will bear with me. It reads:
“That this House notes the European Council Decision of 22 March 2019 taken in agreement with the United Kingdom extending the period under Article 50(3) of the Treaty on European Union, which provides for an extension to the Article 50 period to 22 May 2019 only if the House of Commons approves the Withdrawal Agreement by 29 March 2019; notes that if the House does not do so by that date the Article 50 period will only as a matter of law be extended to 12 April 2019 and that any extension beyond 22 May 2019 would require the UK to bring forward the necessary Day of Poll Order to hold elections to the European Parliament; notes that Article 184 of the Withdrawal Agreement refers to the Political Declaration between the UK and EU agreed on 25 November 2018, but that the EU has stated it remains open to negotiating changes to the Political Declaration; notes that the House is currently undertaking deliberations to identify whether there is a design for the future relationship that commands its support; notes that even should changes be sought to the Political Declaration, leaving the European Union with a deal still requires the Withdrawal Agreement; declares that it wishes to leave the EU with an agreement as soon as possible and does not wish to have a longer extension; therefore approves the Withdrawal Agreement, the Joint Instrument and the Unilateral Declaration laid before the House on 11 March 2019 so that the UK can leave the EU on 22 May 2019; notes that this approval does not by itself meet the requirements of section 13(l)(b) of the European Union (Withdrawal) Act 2018; and resolves that it is content to proceed to the next steps of this process, including fulfilling section 13 of this Act.”
Kevin Brennan (Cardiff West) (Lab)
I note that the motion talks solely about the withdrawal agreement and not the political declaration. Has the Leader of the House had any thoughts or information on whether an amendment that included the political declaration would be acceptable or in order?
Andrea Leadsom
The hon. Gentleman will be aware that motions are amendable, and the selection of amendments is a matter for the Speaker.
Chris Bryant
I am grateful to the Leader of the House for reading out the motion; that is helpful for the House. So far as I understand it, if the motion were carried tomorrow, the Government would not be able to ratify the withdrawal agreement treaty. Is that correct?
Andrea Leadsom
No. It would mean that the withdrawal agreement Bill would then be before the House.
I think we can all agree that we do not want to be in the situation of asking for another extension and facing the potential requirement of participating in European Parliament elections.
Mary Creagh (Wakefield) (Lab)
I am at a loss to understand how this House can put into law section 13 of the European Union (Withdrawal) Act 2018 and then the Government can offer us only one part of that. What advice has the Leader of the House had on whether what the Government are doing is legal?
Andrea Leadsom
The hon. Lady will appreciate that Mr Speaker’s ruling ensured that this would not be a meaningful vote. She will also appreciate that, since it is for this Parliament to decide on the laws and amendments to them, it will be a matter for discussion tomorrow, followed by the discussion on the withdrawal agreement Bill, should that be approved, to rectify any outstanding matters. I encourage all hon. and right hon. Members to support this motion, so that we can leave the EU in an orderly way that gives businesses and people the certainty they need.
I turn to the amendment tabled by the shadow Leader of the House, the hon. Member for Walsall South (Valerie Vaz), and the Opposition Chief Whip, the right hon. Member for Newcastle upon Tyne East (Mr Brown). It may help the House and provide some reassurance to the shadow Leader of the House if I confirm that we will be sitting tomorrow with a very clear purpose in mind: so that the House has time to debate the motion tabled by the Government this afternoon. That is our only intention for tomorrow’s sitting.
Sir William Cash (Stone) (Con)
Article 184 of the withdrawal agreement refers to the political declaration and they cannot be separated, so if the political declaration is changed later, the withdrawal agreement would need re-approval. I accept the ruling of the Speaker with regard to this question, but I just make that point about the substance of the question, because it is going to be very important for the debate tomorrow.
Andrea Leadsom
I can assure my hon. Friend that the motion seeks to ensure that we can meet the requirements of the EU Council for the extension that will enable us to consider these matters further.
In conclusion, I very much hope that the House can support this motion, and that it will agree to sit tomorrow so that we can make the important decisions the country expects us to take in its interests. I commend this motion to the House.
Several hon. Members rose—
Mr Speaker
The Attorney General can offer an assurance on that front. I know that he is satisfied, but it is for him to say.
The Attorney General (Mr Geoffrey Cox)
Further to that point of order, Mr Speaker. May I say on the proposal the Government are making that when the House listens to the rationale behind it and hears the full context of it, I am sure the House will accept that it is not only perfectly lawful and perfectly sensible, but designed to give this House the opportunity of availing itself of a right that the European Union has given us to avail ourselves of an extension until 22 May. The view of the Government is simply that we could not let the time limit expire at 11 pm tomorrow without allowing this House the opportunity to avail itself of that right, and it is perfectly reasonable and perfectly lawful.
Several hon. Members rose—
Mr Speaker
The Government would not be in a position to bring back the same or substantially the same proposition if their proposition tomorrow were defeated. I am very clear in my mind about that.
By the way, reference was made earlier—I think by the hon. Member for Cardiff West (Kevin Brennan)—to amendments. The question he had in his mind was whether an amendment could be tabled to ensure that the motion required both sets of questions to be considered. Of course, the answer is that an amendment could be tabled but the selection of amendments is a matter for the Chair. I am clear that the convention that the same question shall not be put again in the same Session will be asserted and upheld.
Andrea Leadsom
Further to that point of order, Mr Speaker. You have rightly pointed out the same question point. But another point that is very important is that in agreeing tomorrow’s motion we will trigger the automatic extension to article 50 to 22 May, and if we do not agree the withdrawal agreement tomorrow, we will not. That leaves in doubt the future of the arrangements with the European Council.
Mr Speaker
For the record I can say that the Attorney General is shaking his head, and he dissents from the hon. Lady’s proposition. Forgive me, because I think the House will want to move on, but I hope she will accept it if I say that that is a political point. It is an important point, and I am not knocking it in any way, but it is not germane to the remit of the Chair, nor—if I may politely say so—is it material to the sittings of the House motion with which we are now dealing.
Mr Speaker
I must say to people listening that I am mightily glad that the right hon. Gentleman was not asking me to adjudicate on that. It is very helpful that he has excused me from any responsibility. I do not sense that the Attorney General, who is comfortably seated on the Government Front Bench, is looking to come to the Dispatch Box, or indeed that the Leader of the House is inclined to do so. I think I can safely say—I do not think I will be accused of disclosing a state secret—that as things stand the Attorney General is intending to declaim from the Dispatch Box tomorrow.
The Attorney General
Further to that point of order, Mr Speaker. I rise out of respect for the right hon. Member for Leeds Central (Hilary Benn). This is clearly a matter that I shall address tomorrow morning in full. It requires serious consideration, as virtually everything the right hon. Gentleman says in this House is entitled to. I will address that point in full tomorrow.
Mr Speaker
Colleagues, the motion has been tabled, moved and spoken to in a perfectly orderly way. I suggest that we now hear from the shadow Leader of the House.
Mr Speaker
The shadow Leader of the House can answer for herself, but I simply say to the hon. Lady that if she is referring to the motion for tomorrow’s debate, that motion certainly was not in the Table Office at 4 o’clock, as far as I am aware. I discussed the matter with the Attorney General, and I can assure her that it certainly was not there at that time, or absolutely not in anywhere near its final form. I think I am quite clear about that. As to the sittings motion, that is a different matter.
The Attorney General
Further to that point of order, Mr Speaker. I rise out of respect to those asking questions about why the motion was late. I do apologise to the hon. Member for Walsall South (Valerie Vaz)—I was anxious to get it to her and to others as soon as I could—but I was particularly concerned that the motion should comply with your ruling, Mr Speaker. Therefore—I hope you will permit me to divulge this—as a result of some discussion with you, I am afraid that it was concluded only shortly before the time we came into the House. [Interruption.] Well, I cannot speak for that, but I say to the House that I am sorry it was late, but it was a matter that needed to comply with your important ruling, Mr Speaker.
Mr Speaker
These things are subject to change. There was a version of the motion earlier this afternoon. The Attorney General and I met, as is perfectly reasonable and proper, and then there was a later version. However, I am quite certain in my own mind that the motion was not in the Table Office at 4 o’clock, and I think that the shadow Leader of the House has been misrepresented, if I may politely say so.