European Union (Withdrawal) Acts

(Limited Text - Ministerial Extracts only)

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Saturday 19th October 2019

(5 years, 2 months ago)

Commons Chamber
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Steve Barclay Portrait The Secretary of State for Exiting the European Union (Stephen Barclay)
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I beg to move,

That, in light of the new deal agreed with the European Union, which enables the United Kingdom to respect the result of the referendum on its membership of the European Union and to leave the European Union on 31 October with a deal, and for the purposes of section 1(1)(a) of the European Union (Withdrawal) (No. 2) Act 2019 and section 13(1)(b) of the European Union (Withdrawal) Act 2018, this House approves the negotiated withdrawal agreement titled Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and the framework for the future relationship titled Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom that the United Kingdom has concluded with the European Union under Article 50(2) of the Treaty on European Union, as well as a Declaration by Her Majesty’s Government of the United Kingdom of Great Britain and Northern Ireland concerning the operation of the Democratic consent in Northern Ireland provision of the Protocol on Ireland/Northern Ireland, copies of these three documents which were laid before this House on Saturday 19 October.

John Bercow Portrait Mr Speaker
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With this it will be convenient to discuss motion 2:

That this House approves the withdrawal of the United Kingdom from the European Union under Article 50 of the Treaty on European Union on exit day, without a withdrawal agreement as defined in section 20(1) of the European Union (Withdrawal) Act 2018.

Steve Barclay Portrait Stephen Barclay
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Today is the time for this House to come together and move forward. Someone who previously did that, and whom many Members of the House will still remember, was the former Secretary of State for Northern Ireland Mo Mowlam. Her biography was called “Momentum” before that was a faction forcing out its own colleagues—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. I understand that passions are inflamed, but I appeal to colleagues to weigh their words and to try to preserve the principle of political difference, personal amiability.

Steve Barclay Portrait Stephen Barclay
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That spirit of bringing people together was what I was seeking to pay tribute to. After 1,213 days and frequent debates in this Chamber, now is the time for this House to move forward. Another pivotal figure in bringing different views together was Lord Trimble, who won the Nobel peace prize for his contribution to the Good Friday agreement. He has made clear his support for this deal, confirming that it is fully in accordance with the spirit of that agreement, and the people of Northern Ireland will be granted consent over their future as a result of the deal that the Prime Minister has negotiated. This deal also delivers on the referendum in a way that protects all parts of our Union against those who would seek to use division and delay to break it up, particularly those on the SNP Benches. As such, it is a deal that honours not one but two referendums by protecting both our democratic vote but also our United Kingdom.

This House called for a meaningful vote. Yet some who championed that now suggest that we should delay longer still. I respect the intention of my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) who, indeed, has supported a deal three times and has indicated his support today. However, his amendment would render today’s vote meaningless. It would cause further delay when our constituents and our businesses want an end to uncertainty and are calling for us to get this done. The public will be appalled by pointless further delay. We need to get Brexit done by 31 October so that the country can move forward and, in that spirit, I ask him to withdraw his amendment.

Kevin Brennan Portrait Kevin Brennan (Cardiff West) (Lab)
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The Secretary of State pointed out that some hon. Members have voted against a Brexit deal since the referendum, including the Prime Minister, who did so twice. Why do the Government not have the courage, therefore, to allow the same privilege to the people of this country by allowing them to make their judgment on this deal?

Steve Barclay Portrait Stephen Barclay
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If the hon. Gentleman really thought that, he would have supported an election to let the people have their say on this issue, but he declined to do so. It is important that politicians do not pick and choose which votes they adhere to and that we respect the biggest vote in our country’s history.

Rehman Chishti Portrait Rehman Chishti (Gillingham and Rainham) (Con)
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The Secretary of State has just said the public do not want a delay. I was in Rainham yesterday, and 100% of the people I met said that they want Brexit delivered and that this Prime Minister’s deal delivers on Brexit. I applaud the Secretary of State and the Prime Minister for getting this done.

Steve Barclay Portrait Stephen Barclay
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I very much agree with my hon. Friend, who speaks not just for his constituents but for people and, indeed, businesses up and down the country who want to see Brexit done.

Iain Duncan Smith Portrait Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)
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Does my right hon. Friend agree that those who now call for a second referendum have denied the result of the first referendum? How, then, could the British people ever trust us to follow through on a second referendum?

Steve Barclay Portrait Stephen Barclay
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I very much agree with my right hon. Friend. Indeed, some of those voices distrust not only one referendum but two referendums, and now they want a third referendum on which to campaign.

Baroness Hoey Portrait Kate Hoey (Vauxhall) (Lab)
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The right hon. Gentleman will know that many of us have long campaigned to leave the European Union. Will he tell me now why this agreement does not give an opportunity for the people of Northern Ireland to opt in and consent to what has been decided? That would have made a crucial difference to people on the pro-Union side in Northern Ireland who, like me, genuinely feel that, somehow, the United Kingdom Government are letting them down and giving in to others.

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Steve Barclay Portrait Stephen Barclay
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As the hon. Lady should know, the unilateral declaration published with the documentation on both the withdrawal agreement and the political declaration does, indeed, allow for a consent mechanism for the Northern Ireland Assembly. As the Prime Minister set out in his statement, it is right when we make a decision based on a majority across the United Kingdom that the Assembly reach a decision on that basis without one community having the power of veto over the other.

Lady Hermon Portrait Lady Hermon (North Down) (Ind)
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The Secretary of State has followed the example of the Prime Minister in quoting David Trimble. I pay tribute to David Trimble as a great leader of the Ulster Unionist party; he now sits as a Tory Member of the other place. I asked the Prime Minister and am now asking the Secretary of State for a clear guarantee that there is nothing in this new Brexit deal that undermines or weakens the constitutional status of Northern Ireland, as guaranteed in the Belfast/Good Friday agreement and the consent principle. Do not quote Lord Trimble to me. Give me a clear commitment.

Steve Barclay Portrait Stephen Barclay
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I refer the hon. Lady to the letter that the Prime Minister sent to President Juncker on 2 October. The first commitment within that letter was the absolute commitment of this Prime Minister and this Government to the Belfast/Good Friday agreement. We share that commitment not just within the United Kingdom but with our friends in the Irish Government. That is why we have shown flexibility in the arrangements, some of which have caused difficulty to some colleagues in the House, to address the concerns, particularly in the nationalist community, about the possible impact on the Belfast/Good Friday agreement.

Lord Dodds of Duncairn Portrait Nigel Dodds (Belfast North) (DUP)
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The hon. Member for Vauxhall (Kate Hoey) mentioned the opt-in, which was in the letter that the Prime Minister sent to Jean-Claude Juncker two weeks ago—that is where it came from—but it has since been abandoned. The Prime Minister and others seem a bit bemused, but that was an opt-in.

Secondly, the Secretary of State now talks about it having to be agreed by majority vote. Can we now take it that the Government’s policy is to do away with vetoes on, for instance, getting the Assembly up and running? Four of the five parties in Northern Ireland want the Assembly up and running—the Assembly will meet on Monday, which is good news—so does that veto no longer apply? [Interruption.] I see the Prime Minister nodding, for which I am grateful. That is a very big breakthrough in Northern Ireland.

Steve Barclay Portrait Stephen Barclay
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It is also worth clarifying—this speaks very much to the unilateral declaration and the concerns on how it operates—that this is about a reserved matter that applies to our international agreements as a United Kingdom and not the powers that sit with the Assembly, within the Good Friday agreement. That is why there was not a willingness to give one community a power of veto over the other.

Lord Dodds of Duncairn Portrait Nigel Dodds
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It is simply not true to say that agriculture and manufactured goods, and so on, are reserved matters. These are matters devolved to the Northern Ireland Assembly. The Secretary of State is just not correct. Please do not use that argument. This was recognised by the Prime Minister in the letter he sent to Jean-Claude Juncker only a few weeks ago.

Steve Barclay Portrait Stephen Barclay
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The difficulty with that argument, with great respect—I do very much respect the right hon. Gentleman’s concerns—is that Stormont is not sitting at present. That is why we have the mechanism set out further in the unilateral declaration on how that declaration on how that will be addressed if Stormont is not sitting.

Alistair Burt Portrait Alistair Burt (North East Bedfordshire) (Ind)
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When, a few weeks ago, I voted for the European Union (Withdrawal) (No. 2) Act 2019—distressingly, it is often referred to as the Benn Act, rather than given its full title: the Benn-Burt Act—it was with the clear intention of ensuring that maximum effort was committed to the negotiations in order to secure a deal and prevent the risk of no deal. I am grateful to the Prime Minister and to my right hon. Friend the Secretary of State for having succeeded in an objective that did not at the time seem to gather favour. Now that they have succeeded in that, I want a vote on it tonight. Having referred to the good intentions of my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) in moving his amendment today, which I will be voting against, could the Secretary of State give some reassurance to the House as to why he believes it is not necessary if we are to fulfil the terms of the deal and the efforts that have been made in the past few weeks?

Steve Barclay Portrait Stephen Barclay
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I will come to that precise point shortly, but I am grateful to my right hon. Friend for his support—perhaps the legislation should now be called the Burt-Benn Act, rather than the Benn-Burt Act.

None Portrait Several hon. Members rose—
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Steve Barclay Portrait Stephen Barclay
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I will make a little more progress before taking further interventions.

This is a deal that the Prime Minister was told was impossible. We were told that the withdrawal agreement could not be changed. Indeed, the shadow Brexit Secretary used to hold up the text of the agreement and say that not a word had been changed. We were told that the backstop could not be removed; it was the all-weather, all-life insurance on which the European Union relied. We were told that there was insufficient time for a new deal, and indeed that the negotiations were a sham—and sometimes that was just from the voices on our own side.

The real significance of the Prime Minister’s achievement is that the people of Northern Ireland will have a vote that will give them consent over their future arrangements, and there will no longer be any European veto over what those future arrangements will be. Just as importantly, the deal changes the dynamics of the future negotiations. Before, many Members of the House were concerned that the backstop would be used as leverage, with the EU holding the prospect of our being permanently stuck in its orbit against us. Indeed, many Members spoke about it being easier to leave the EU than to leave the backstop. With this new deal, because of the need for Northern Ireland’s consent over its future, the dynamics of the future relationship will change, because the EU’s interests will be aligned with ours in reaching a future relationship that benefits both sides.

Lord Field of Birkenhead Portrait Frank Field (Birkenhead) (Ind)
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In my constituency, 52% of people voted to leave and 48% voted to remain. When we come to the sheer weight of legislation that will be needed to put into force the referendum result, might we not only keep faith with the 52% by leaving, but remember, as we have experienced today in the House, that 48% did not wish to leave?

Steve Barclay Portrait Stephen Barclay
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I very much respect that point. The right hon. Gentleman has always reached out to build consensus across the House, which is important. The commitment that the Prime Minister gave in his statement, on how the House will be consulted on the new phase of negotiations, is intended in part to address the concerns that the right hon. Gentleman and other Members across the House have raised, in order to have a balanced approach to the future relationship.

Jonathan Edwards Portrait Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
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I listened intently to the Prime Minister’s statement and the debate that followed, and it seemed that assurances were given to Europhiles that the intention in phase 2 would be to follow close regulatory alignment with the EU, yet a carrot was offered to Eurosceptics in the form of there being unalignment, and even the suggestion that no deal would not be off the table in phase 2. Both cannot be true, so which is it?

Steve Barclay Portrait Stephen Barclay
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Paragraph 77 sets out our commitment to high international standards and to their being reciprocal, as befits the relationship that we reach with the European Union. The hon. Gentleman really should have more confidence that we in this House will set regulation that is world leading and best in class, that reflects the Queen’s Speech, with its world-leading regulation on the environment, and that reflects the commitments that many in the House have sought on workers’ rights. We should also be mindful that, of course, it is this House that went ahead of the EU on paternity rights and parental leave. We can go further than the EU in protecting people’s rights, rather than simply match the EU.

Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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It is my assessment that the deal struck by my right hon. Friend the Prime Minister accords with the Good Friday agreement. I think it presages a new golden age for relationships north and south of the border, which is to be welcomed. I congratulate the Government on adopting the stance of consent rather than veto—that reflects modern island-of-Ireland politics today.

Steve Barclay Portrait Stephen Barclay
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As Chair of the Northern Ireland Affairs Committee, my hon. Friend speaks with great authority on this issue. I know that he in particular will have recognised the importance of the fact that the whole of the United Kingdom will benefit from our future trade deals around the world, with every part of the United Kingdom, including Northern Ireland, leaving, as the Prime Minister said in his statement, whole and entire.

John Baron Portrait Mr John Baron (Basildon and Billericay) (Con)
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It is right that we examine the detail in this place, and the Secretary of State is doing a great job in answering the questions, but may I suggest to him that we, as a collective body, need a slightly more optimistic note? It is my firm belief that now we have got rid of the backstop, we will achieve a fair and good trade deal by December 2020. We should be focused on that, rather than on all the minor detail. It is a bright future, if we decide to take it today.

Steve Barclay Portrait Stephen Barclay
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My hon. Friend is right to talk of the opportunity for trade deals that Brexit unlocks. We start from a position of great understanding of the respective economies—a big part of a trade deal is usually negotiating that understanding at the start—and we can seize the opportunities of those trade deals around the world. That is exactly why we need to move forward.

Gareth Snell Portrait Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)
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Should the House divide later on the amendment tabled by the right hon. Member for West Dorset (Sir Oliver Letwin), the amendment will have my support. I suggest to the Secretary of State that there is a way through that brings the consensus he talks about: we support the amendment and the Government table the legislation next week so that we can scrutinise the detail. We can then make meaningful decisions on Second and Third Reading, but, crucially, those of us who have some reservations about the Government’s trustworthiness can see the commitments that the Secretary of State and the Prime Minister have made from the Dispatch Box, which I welcome, written on the face of the Bill before we make that final, crucial decision on how we continue the process.

Steve Barclay Portrait Stephen Barclay
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I respect the care with which the hon. Gentleman has looked at these issues, but his constituents, like many throughout the country, now want the country to move forward and for us to get this deal done. There is of course a distinction between the meaningful vote today and the further opportunities there will be on Second and Third Reading of the withdrawal agreement Bill for assurance to be provided for in line with the statements that the Prime Minister has made from the Dispatch Box today.

None Portrait Several hon. Members rose—
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Steve Barclay Portrait Stephen Barclay
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I shall give way once more and then I must make some progress.

Jonathan Reynolds Portrait Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
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Surely the crucial point of this new deal is that it offers Great Britain a fairly hard Brexit in order to facilitate trade agreements with countries for which European standards are incompatible. An economy cannot be a European-style economy and a US-style economy at the same time. The Secretary of State is not giving us an economic assessment to tell us what jobs and industries will grow on the back of this deal and what goods and services will be cheaper to compensate for loss of aerospace, automotive, financial services and so much more. He cannot tell us that today.

Steve Barclay Portrait Stephen Barclay
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The hon. Gentleman really should listen to business leaders like Sir Stuart Rose who says that we should get this deal done; to the Bank of England Governor, who says that this will be a boost to our economy; and to the many business leaders who want an end to this uncertainty. We cannot simply keep debating the same issues in a House that has said no to everything and refused to say yes to anything.

John Redwood Portrait John Redwood (Wokingham) (Con)
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This debate should be about restoring the independence of our country in accordance with the votes of the referendum. Given that in the implementation period the EU will have massive powers over us, is there something that the Government can build into the draft legislation to give us reassurance that the EU will not abuse those very excessive powers?

Steve Barclay Portrait Stephen Barclay
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Yes, I am happy to give that reassurance to my right hon. Friend. That is something that we can commit to do as we move forward.

Dominic Grieve Portrait Mr Dominic Grieve (Beaconsfield) (Ind)
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My right hon. Friend spoke earlier about there not being pointless delay, and I actually agree with him about that. This matter has to be brought to a conclusion, but he must be aware that quite apart from approving it in its generality, we also have a duty as a House to look at the detail of this deal in primary legislation. In the course of that, the House is entitled to pass amendments which, provided they do not undermine the treaty itself, are wholly legitimate. The difficulty is that, by insisting that the Benn Act be effectively subverted and removed, the impression the Government are giving is that they have other intentions—of taking us out at such a gallop that that proper scrutiny cannot take place. I wish the Government would just listen a little bit, because I think that they would find there is much more common ground on this than they have ever been prepared to acknowledge, instead of which they continue to give the impression that they just want to drive a coach and horses through the rights of this House to carry out proper scrutiny.

Steve Barclay Portrait Stephen Barclay
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I have always had great respect for the legal acumen and the seriousness of my right hon. and learned Friend, but there is an inconsistency in his case when he talks about wanting to look at legislation in more detail, having supported the Benn-Burt legislation that was passed in haste, and having supported the Cooper legislation, which needed to be corrected by Lord Pannick and others in the House of Lords, because it would have had the effect of doing the opposite of what it intended as it would have forced a Prime Minister to come back to this House after the EU Council had finished, thereby making a no deal more likely rather than less. That Cooper legislation is a very good example of where my right hon. and learned Friend did not look at legislation in detail, and, indeed, where it would have had a perverse consequence at odds with his arguments for supporting it at the time. Indeed, there is a further inconsistency: he championed section 13, but when the Prime Minister secured a new deal, which my right hon. and learned Friend said that he could not achieve, he then denies the House a right to vote in a meaningful way as required by his own section 13 because he no longer wants it to apply on the same rules as it did when he passed it.

Bernard Jenkin Portrait Sir Bernard Jenkin (Harwich and North Essex) (Con)
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I am most grateful to my right hon. Friend for giving way. This deal has hardly lacked scrutiny, given the number of times it has been voted on and debated in this House, although we now have an altered deal. May I just point out that the implementing legislation is simply that: it does not alter the substance of the agreement but merely implements the agreement in domestic law. We can do that very quickly and amend that Bill after ratification of the agreement if necessary, because it is only a piece of domestic implementing legislation. There is no case for delaying that legislation, and I am going to vote for the deal today, if I get the chance.

Steve Barclay Portrait Stephen Barclay
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First, I welcome the support of my hon. Friend. One issue that the shadow Secretary of State and I agree on is that, on these issues, there has not been a lack of scrutiny, given the frequency with which we seem to debate them in the House.

It is also worth reminding ourselves of what the motion is addressing today. The motion is addressing the withdrawal agreement and the political declaration secured by my right hon. Friend the Prime Minister. The mechanism to implement that—the withdrawal agreement Bill—has still to be debated. Indeed, even that pertains only to the winding-down arrangements and not, as is often referenced in this House, to the future trade deal that we want to get on and debate. It is therefore rather odd that the main issue—our relationship with Europe—is being thwarted because of a circular, endless debate on the same issue, when we need to support the deal today in order to unlock the withdrawal agreement Bill that we need to debate.

Lord McLoughlin Portrait Sir Patrick McLoughlin (Derbyshire Dales) (Con)
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Is not the simple fact of the matter that all the people who cry out for a deal have to support the deal that has been brought forward by the Prime Minister? It is a first step on the way to many other opportunities that this House will have to discuss this particular issue, but we really have to move forward now and respect the result of the referendum three and a half years ago.

Steve Barclay Portrait Stephen Barclay
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My right hon. Friend is absolutely right. This is the first step, not the final one. The House will have further opportunities to debate these issues.

Caroline Flint Portrait Caroline Flint (Don Valley) (Lab)
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Does the Secretary of State agree that amendment (a) is a panic measure by the right hon. Member for West Dorset (Sir Oliver Letwin) and others, because they had no idea or confidence that a deal would be before us today that would allow those of us in this House who want to secure a deal to move on and leave the European Union by 31 October? As a result, if the House votes for amendment (a) today, we will be forced—even if a deal is approved—to seek an extension until 31 January, underlining that the sponsors of Benn Act had only one motivation: to delay Brexit and stop it.

Steve Barclay Portrait Stephen Barclay
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I very much agree with the right hon. Lady’s points, as well as with the principle and consistency that she has shown throughout the debate. It is indeed an interesting snippet within the point that she raises that some of the voices in the media this morning were complaining that there had been insufficient time between the deal on 17 October and the debate in the House today, 19 October. And yet, this is the timescale that the Benn legislation itself required of my right hon. Friend the Prime Minister when it came to bringing issues before the House.

Luciana Berger Portrait Luciana Berger (Liverpool, Wavertree) (LD)
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I thank the Secretary of State for very kindly giving way. He has used the word “scrutiny” on a number of occasions in his contribution so far, yet he was on BBC News this morning confirming that no economic analysis has been done on the deal presented to the House today. [Interruption.] Government Members may shake their heads, but how can this House be expected to vote on something so fundamental to the future of our country without that analysis?

Steve Barclay Portrait Stephen Barclay
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I suspect that a point on which the hon. Lady and I could agree is that there is probably no level of analysis that is going to change her vote and her mind. As a former Treasury Minister, I am always aware —as I am sure the Chancellor himself would recognise—that it is indeed difficult to model a deal that was only done on Thursday, which cannot anticipate what changes the new EU Commission under new leadership will make, which does not set out what changes the UK will make in response to that, and which cannot second-guess what changes will happen in the wider world economy that will clearly have an impact on such an economic model.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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The Secretary of State represents North East Cambridgeshire and is a member of the Conservative and Unionist party. I am a member of the Democratic Unionist party. A Unionist in Strangford at this moment in time is a second-class citizen by comparison with a Unionist in North East Cambridgeshire. Can the Secretary of State tell me why the Unionist people in Northern Ireland—my children, my grandchildren and their birthright—will be secondary to Unionists anywhere else across the United Kingdom? Does he not understand the angst, fear and annoyance of Unionists in Northern Ireland? We have been treated as second-class citizens in this deal and, as I see it, our opinion means nothing.

Steve Barclay Portrait Stephen Barclay
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Members from across the House who have seen the assiduous nature of hon. Gentleman, particularly in Adjournment debates, will know that his constituents never get a second-class service from him. In the deal that the Prime Minister has negotiated, he has tried to operate in the same spirit that I know the hon. Gentleman does by ensuring that Northern Ireland remains part of the United Kingdom customs union and leaves whole and entire. As a consequence, the hon. Gentleman’s constituents, like mine in North East Cambridgeshire, will benefit from the great trade deals that I know the Secretary of State for International Trade intends to negotiate.

Mark Francois Portrait Mr Mark Francois (Rayleigh and Wickford) (Con)
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The aim of amendment (a) is clear. The emperor has no clothes; it is to stop us leaving the European Union at any cost. The European Research Group met this morning. Normally, our meetings are private, but in the circumstances, there were three things that I thought I could share with the House. First, the officers overwhelmingly recommended backing the Prime Minister’s deal. Secondly, the ERG overwhelmingly recommended the same and no member of the ERG spoke against it. Thirdly, and most importantly, we agreed that those who vote for the deal vote for the Bill. If the deal is passed today, we will faithfully vote the Bill through to the end, so that we can leave the European Union. You have our word.

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Steve Barclay Portrait Stephen Barclay
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I am grateful to my right hon. Friend for his support, which, coming from someone who opposed the previous deal, is a reflection of the fact that this is a deal for everyone—a deal for the 52 and for the 48; a deal for Northern Ireland and for Cambridgeshire. This is a deal that benefits the United Kingdom—in particular, by enabling us to move forward and, above all, take back control of our fisheries.

Steve Barclay Portrait Stephen Barclay
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On which point I am sure the hon. Gentleman is about to intervene.

Alan Brown Portrait Alan Brown
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Obviously, Northern Ireland is getting preferential treatment. Although it has not brought the DUP on board, Northern Ireland is getting special access to the single market and the Government have promised more money to Northern Ireland, yet Scotland is being left high and dry. Can the Secretary of State confirm that Scottish Tory Members did not ask for any concessions for Scotland—that they got no concessions and are just Lobby fodder?

Steve Barclay Portrait Stephen Barclay
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I can tell the hon. Gentleman very clearly what the Scottish Conservative MPs secured, which is control of our fishing policy—something that he and other Members would give back to Brussels.

None Portrait Several hon. Members rose—
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Steve Barclay Portrait Stephen Barclay
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Let me make some progress, then I will take further interventions.

By contrast with the efforts of the Prime Minister—who was told that a deal was impossible and that neither the backstop nor one word of the withdrawal agreement could be amended—the Leader of the Opposition appears to have rejected the deal before he has even read it. This is an Opposition who cannot see further than opposition for opposition’s sake.

The shadow Brexit Secretary, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), will always, unlike the Leader of the Opposition, have read the detail. He has been in post throughout the three years, but during that time has used a wide range of arguments to support his case. He said in July 2018:

“We respect the result of the…referendum”,

and he recognised that we are leaving the European Union, but he now says that

“any outcome…must be subject to a referendum and we would campaign for remain”.

He said that Labour’s concerns were never about the withdrawal agreement or the backstop;

“They were about the Political Declaration”.

That is what he put on Twitter on 17 October this year, yet he used to stand in this Chamber and object to the withdrawal agreement because it had not changed. At the time of the third meaningful vote, which was purely on the withdrawal agreement and not the political declaration, he still objected to the withdrawal agreement. In 2018, he said that Labour could not support a withdrawal agreement without

“a mechanism for universal exit”,

which is exactly what my right hon. Friend the Prime Minister has secured through the vote of consent for the Northern Ireland Assembly, but the shadow Secretary of State now says that the issue is no longer about the withdrawal agreement; it is instead about the political declaration.

For much of this debate, Labour has been for being a participant in the EU customs union, yet we have heard from a senior member of the Labour party that its real position is 100% remain. As one media report alleged this week, during the cross-party talks, Labour even rejected a copy-and-paste of its own proposal, describing it as “unacceptable”.

Some in government have cautioned against listening to experts during this debate, but it is clear from business experts and the Bank of England’s Governor—

Keir Starmer Portrait Keir Starmer (Holborn and St Pancras) (Lab)
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The Secretary of State and I were in the same room at the time; he knows very well that that is not true—the idea that I would not know our own proposal. He knows that; he was there. Withdraw it!

None Portrait Hon. Members
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Withdraw!

Steve Barclay Portrait Stephen Barclay
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If hon. Members will give me a moment, the shadow Secretary of State and I have always conducted our debates in the House with great courtesy, so in that spirit, of course I withdraw that. That is a good illustration of what today’s debate is really about. We could get into the detail of whether we are presenting something aligned to what he has previously said and whether the sense is the same, but today is about this House and the country coming together and moving on from these debates and the talks, although the real issue in the talks was some people’s desire for a second referendum, rather than a desire to get into the detail of how we could resolve the issues.

Alex Chalk Portrait Alex Chalk (Cheltenham) (Con)
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This is at least the seventh opportunity the House has had to avoid a harmful no deal. There were three occasions relating to the former Prime Minister’s deal; there was the European Free Trade Association; there was Norway; and there was the customs union. Does my right hon. Friend agree that it would be folly to let this final opportunity to avoid a damaging crash-out slip through our fingers?

Steve Barclay Portrait Stephen Barclay
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I know that my hon. Friend speaks for his constituents, and for businesses across the country, who recognise that now is the time to support this deal and for the House to move on.

Steve Barclay Portrait Stephen Barclay
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I give way to the right hon. Gentleman. [Interruption.]

Lord Vaizey of Didcot Portrait Mr Vaizey
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We will find out if the Secretary of State made the right decision in giving way. I have a genuine question.

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Steve Barclay Portrait Stephen Barclay
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I say yes to this: to proceed, we need to comply with section 13 of the European Union (Withdrawal) Act 2018. That is the argument that the right hon. Gentleman and many others have repeatedly made. If we are to deliver that and avoid any further delay, it is important that we defeat amendment (a).

Rehman Chishti Portrait Rehman Chishti
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The Secretary of State says that the deal is about moving on. One of the real obstacles that prevented us from moving on was the backstop. I resigned from the Government and a party position in November over the backstop. Can he confirm that what we have now completely gets rid of the backstop and is about moving on?

Steve Barclay Portrait Stephen Barclay
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I can very much confirm that. The Prime Minister was told that the backstop could not be removed, but its removal is exactly what he has achieved. He was told that was impossible, but he has delivered.

Mark Harper Portrait Mr Mark Harper (Forest of Dean) (Con)
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I am listening very carefully to the debate about the timing. Is it not clear that if the Letwin amendment is defeated and we make a decision today that is actually complying with—not subverting, but complying with—the Benn-Burt Act by bringing forward a deal and winning that vote, yes, we will have to get the legislation through this House quickly, and that will probably mean sitting for long days and probably long nights, but we can get it done? However, if the amendment passes and there is an extension, my guess is that that legislation will go on and on, and we will never leave. The right hon. Member for Don Valley (Caroline Flint) is absolutely right: if we want to get this done, vote against the Letwin amendment, for the motion today and get the legislation through by the end of October—and get Brexit done.

Steve Barclay Portrait Stephen Barclay
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As a former Government Chief Whip, my right hon. Friend is absolutely right on the process that applies. The other issue that is sometimes forgotten is that our friends and colleagues in Europe do not want any further delay and do not want to see any extension, but want to see us get on.

None Portrait Several hon. Members rose—
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Steve Barclay Portrait Stephen Barclay
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I will give way one further time, and then I will move on.

Nick Boles Portrait Nick Boles (Grantham and Stamford) (Ind)
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My right hon. Friend does not want to answer the question from the right hon. Member for Wantage (Mr Vaizey), so I will. If the Letwin amendment passes, and the Government bring forward the Bill at the start of next week and that Bill passes before 31 October, we will leave on 31 October without a delay. If the Letwin amendment fails, and the Government bring forward the Bill and some people in the ERG, such as the hon. Member for Basildon and Billericay (Mr Baron), suddenly discover that they prefer the idea of a no-deal Brexit and the Bill fails, we will leave on 31 October with no deal.

Steve Barclay Portrait Stephen Barclay
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The problem with the hon. Gentleman’s argument is that it is at odds with the argument put forward by the right hon. and learned Member for Beaconsfield (Mr Grieve), who says that we need to pass this amendment to have more scrutiny and delay and to take much longer, yet the hon. Gentleman says that we need the amendment to be able to leave on —[Interruption.]

John Baron Portrait Mr Baron
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On a point of order, Mr Speaker.

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John Bercow Portrait Mr Speaker
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I say, mainly for the benefit of those observing our proceedings who are not Members of the House, that in common with the overwhelming majority of purported points of order, that was not a point of order. However, the right hon. and learned Gentleman has put his point on the record, and he, too, will doubtless go about his business with an additional glint in his eye and spring in his step as a consequence.

Steve Barclay Portrait Stephen Barclay
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The problem with the right hon. and learned Gentleman’s argument is that it is at odds with what he says about section 13. Each time it is a different argument, but the purpose is always the same, and that is to delay any resolution, to stop this House moving forward and to stop us getting Brexit done.

There are many in this House who have said repeatedly in debates that their principal concern is avoiding a no-deal exit. My right hon. Friend the Member for Ashford (Damian Green), on the Prime Minister’s statement, made that point. Today is the opportunity for all Members of this House to demonstrate that they want to avoid a no-deal exit, to support this deal and to get Brexit done. This is a deal that takes back control of our money, borders and laws. It gives the people of Northern Ireland the freedom to choose their future. It allows the whole United Kingdom to benefit from our trade deals, and it ensures that we move forward as one complete Union of the United Kingdom.

In securing the new deal, the Prime Minister observed with his EU colleagues that a failure by them to listen to this Parliament, and in particular its decision on the backstop, would indeed be a failure of statecraft. They have listened; they have acted; and they have reached a new deal with the Prime Minister. It would now be a failure of this Parliament not to approve this deal and to fail to respond to that flexibility from EU leaders as required.

None Portrait Several hon. Members rose—
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Ian Blackford Portrait Ian Blackford
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I am going to make some progress, because I am aware that other colleagues wish to speak.

It did not have to be like this. If the Prime Minister had any interest in the people of Scotland, he would have engaged with our Scottish Government. From the very beginning the Scottish Government sought to compromise. We did that by offering up “Scotland’s Place in Europe”, with a compromise position for all the United Kingdom, and for Scotland, to remain in the single market and the customs union. I have to tell the House that we had no engagement with the UK Government over those papers, but I can say that Michel Barnier, when I went to see him, had read every page. That is the difference between the attitude of our friends and colleagues in Europe and the disdain that our Scottish Government have been shown by Westminster. Our plan was dismissed out of hand, and then followed by years of the UK Government ignoring Scotland and ignoring our Parliament.

With Northern Ireland getting access to the single market and the customs union, it is clear that the Prime Minister is willing to put trust in the people of Northern Ireland to manage its relationship, so it is inexplicable that he will not trust the people of Scotland, who also voted overwhelmingly to remain in the European Union, to do the same. This offer gives Northern Ireland a competitive advantage over Scotland.

While we respect and understand the unique circumstances of Northern Ireland—I want to be clear that everyone in the SNP wants to see the continuation of peace and stability—the proposal in this deal is, in effect, to keep it in the single market and the customs union. That was our compromise position, and the UK Government completely ignored us—they ignored Scotland.

The Prime Minister has shown the people of Scotland total contempt. This is a Prime Minister who has no mandate from Scotland, yet he seeks to impose his Brexit against our democratically expressed will, silencing the wishes of our people and weakening our economy. This Prime Minister, and his Brexit fan club in No. 10, do not care about Scotland. They are obsessed with only one thing: winning and delivering their Brexit fantasy at any cost.

The dishonesty and lies of the—[Interruption.] I hear Ministers shouting from the Front Bench, “Not true!” Where was the engagement with the Scottish Government on our place in Europe? It simply did not happen. That is absolutely and completely true.

Ian Blackford Portrait Ian Blackford
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The right hon. Gentleman can shake his head, because he does not like the reality.

Ian Blackford Portrait Ian Blackford
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The dishonesty and lies of Vote Leave brought the country to vote for Brexit in the first place —[Interruption.]

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Michael Gove Portrait The Chancellor of the Duchy of Lancaster (Michael Gove)
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Our democracy is a precious thing, and this Parliament is a special place. Our democracy depends on respect for difference, and this Parliament thrives on respecting the sincerity and the commitment to public service of every Member.

That is why I know that deciding how to vote today will have been difficult for many Members, and it is important we all recognise that those who argued to remain, and who still argue that that is the best outcome, do so as patriots, but they take a different view from some of us. And we should all recognise that those who argued to leave, who have consistently argued that we should leave and who have argued for a better deal, are arguing for what they believe is best for our country.

I respect those who have argued for both positions, but I respect most of all the many Members of this House who argued that we should remain, and who during the course of that campaign believed it was the best course for the country, but who now recognise that, the people having spoken, the verdict must be respected.

Ian C. Lucas Portrait Ian C. Lucas (Wrexham) (Lab)
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Will the right hon. Gentleman give way?

Michael Gove Portrait Michael Gove
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Not yet.

In a debate characterised by many brilliant and passionate speeches, the speech that stood out for me was that of my right hon. Friend the Member for Maidenhead (Mrs May). She argued for remain, but she also recognises that, when the people have spoken, their verdict has to be respected. We have seen that not only from Conservative Members but from Members of all parties, such as the hon. Member for Great Grimsby (Melanie Onn) and the right hon. Members for Don Valley (Caroline Flint) and for Rother Valley (Sir Kevin Barron). They all argued that we should remain, but now they recognise that there is something more precious than being a leaver or a remainer: being a democrat.

What unites us in this House is that we are democrats, and we voted in this House of Commons to have a referendum. We voted in this House of Commons to say that we would respect the verdict of the people. We voted overwhelmingly for article 50, which honoured that referendum result and said that we would leave. How will it look to those who sent us here if we say to them now, “We made those sacred promises, but now we choose to dishonour them”?

Ian C. Lucas Portrait Ian C. Lucas
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Will the right hon. Gentleman give way?

Michael Gove Portrait Michael Gove
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No.

There will be individuals on both sides of the House who have specific qualms and concerns about this deal, but the time has come for us to decide. None of us in a country that voted 52:48, none of us in a House of 650 Members and none of us in a country of 65 million people can ensure that we have our own perfect Brexit.

Ian C. Lucas Portrait Ian C. Lucas
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Will the right hon. Gentleman give way?

Michael Gove Portrait Michael Gove
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No.

What we can do is be prepared to put aside our perfect for the sake of the common good, and that is what the public want us to do.

The right hon. and learned Member for Holborn and St Pancras (Keir Starmer) laid out some of his concerns about the political declaration, but he knows and we know that if we vote today for the deal—if we vote for this withdrawal agreement—we can then move on to ensure that the future economic partnership we all want can be framed in the best interests of the British people.

Ian C. Lucas Portrait Ian C. Lucas
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Will the right hon. Gentleman give way?

Michael Gove Portrait Michael Gove
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I will not give way, but I am grateful for the hon. Gentleman’s persistence. [Interruption.]

John Bercow Portrait Mr Speaker
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Order. The Chancellor of the Duchy of Lancaster is not currently giving way.

Michael Gove Portrait Michael Gove
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Thank you very much, Mr Speaker.

Every party and every voice in this House will have equal weight and equal value in the discussion on our future economic partnership, making sure that we can deliver a Brexit deal that delivers for the 52% and for the 48%. That is our intention.

Ian C. Lucas Portrait Ian C. Lucas
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Will the right hon. Gentleman give way?

Stewart Malcolm McDonald Portrait Stewart Malcolm McDonald (Glasgow South) (SNP)
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Will the right hon. Gentleman give way?

Michael Gove Portrait Michael Gove
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No I shall not, and no I will not—however tempting it might be, I will decline on this occasion.

The truth is that, because no deal could ever satisfy everyone, we could spend all our time searching for that elusive perfect deal, but what would that position look like to the country? What would it look like to all those who have sent us here? What would it look like to the constituents of the hon. Member for Salford and Eccles (Rebecca Long Bailey), who voted to leave and expected that vote to be honoured? They voted to put trust in this place; to put trust in Parliament to make a vital decision. If we duck that decision, if we dither and delay, I am afraid that people will feel a sense of depression, dismay and demoralisation because the Parliament that they hoped would keep its promises had chosen once again to duck its responsibilities.

I am also clear that everyone who has spoken in this debate has done so with the best of motives, including my right hon. Friend the Member for West Dorset (Sir Oliver Letwin), a dear and old friend of mine, but one of the things that I would say to him, and to others—

Steve Brine Portrait Steve Brine (Winchester) (Ind)
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Will my right hon. Friend give way?

Michael Gove Portrait Michael Gove
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On that point, I will give way.

Steve Brine Portrait Steve Brine
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Everybody has their beliefs, and everybody does what they believe to be right, including our right hon. Friend the Member for West Dorset (Sir Oliver Letwin). Were the Bill that follows the meaningful vote to fail, how would the Government avoid no deal before the end of October?

Michael Gove Portrait Michael Gove
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The Government are absolutely committed to ensuring that we have a deal, to ensuring that we obey the law, and to ensuring that we respect the voices of all those in this House. Let me say firmly from this Dispatch Box that this Government are committed to ensuring that we have a deal, and the best way of getting that deal, leaving on 31 October and being able to move on to the other issues, that the people of this country want us to discuss, is by accepting the honourable motives of my right hon. Friend the Member for West Dorset but recognising that, were we to accept his amendment, we would not have a meaningful vote today. That would not unlock the door to a deal being passed. We would have voted, I am afraid, in the terms of the motion, for more delay.

Ian C. Lucas Portrait Ian C. Lucas
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Will the right hon. Gentleman give way?

Michael Gove Portrait Michael Gove
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No.

On that basis, I urge everyone who wants us to honour the referendum mandate to recognise that the amendment, however sincerely it has been put forward, is unnecessary.

What is necessary now is for us to reach a moment of decision. Lord Judge, the leader of the Cross-Bench peers—in some respects, the voice of moderation in the other place—has said that the time has passed for people to quibble and question the precise terms of this deal. He, a former Lord Chief Justice, has said that Parliament needs to “get on with it”, because otherwise there will be “profound damage” to public confidence in this place.

That is the question that every Member of this House must ask. How will our constituents feel if we vote to support the deal without the amendment? They will feel that a cloud has been lifted; that Parliament has listened to them with respect; and that the vote in 2016, which we promised to honour, has, after three and half years of deadlock and division, been honoured by a House that at last is ready to unite. That is the choice that faces us all.

If we do not vote for the deal without the amendment, I am afraid that all those who sent us here, who are watching our deliberations, will say that Parliament has failed to meet the moment; that Parliament has failed to rise to the occasion; that Parliament has failed to ensure that an important democratic vote takes place; and that the most important vote, with the greatest number of votes cast for any proposition in our history, will be delayed and dishonoured, and will not be delivered. [Interruption.] That is why I urge everyone in this House to recognise that our first duty—[Interruption]—is to the principle that underpins this place—

Ian C. Lucas Portrait Ian C. Lucas
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On a point of order, Mr Speaker.

John Bercow Portrait Mr Speaker
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Order. I said no! The right hon. Gentleman is responding to the debate, and he will do so to a conclusion.

Michael Gove Portrait Michael Gove
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Our first duty to our constituents and our country is to keep our promises. This House said that we would honour that referendum mandate. The time has come. The question that all of us must answer when we return to our constituencies is: did you vote to end the deadlock? Did you vote to end the division of these days? Did you vote to bring the country together? I know that Members across the House will support the Government this afternoon, to do just that.

Nicholas Brown Portrait Mr Nicholas Brown (Newcastle upon Tyne East) (Lab)
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I beg to move that the Question now be put.

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14:30

Division 3

Ayes: 322


Labour: 231
Scottish National Party: 35
Independent: 22
Liberal Democrat: 19
Democratic Unionist Party: 10
The Independent Group for Change: 5
Plaid Cymru: 4
Green Party: 1

Noes: 306


Conservative: 284
Independent: 15
Labour: 6

Amendment (a) agreed to.
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John Bercow Portrait Mr Speaker
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We now come to motion 2 on Section 1(2)(a) of the European Union (Withdrawal) (No. 2) Act 2019. I remind the House that I have selected the manuscript amendment. Minister or Whip to move. It is not being moved.

Boris Johnson Portrait The Prime Minister
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On a point of order, Mr Speaker. I am very grateful to you, the House of Commons staff, and everybody who has put themselves out and given up their time for the debate today. It has been a very important debate, and an exceptional moment for our country and our Parliament. Alas, the opportunity for a meaningful vote has effectively been passed up, because the meaningful vote has been voided of meaning, but I wish the House to know that I am not daunted or dismayed by this result. It became likely once it was obvious that the amendment from my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) was going to remain on the Order Paper. I continue in the very strong belief that the best thing for the UK and the whole of Europe is for us to leave with this new deal on 31 October.

To anticipate the questions that will come from the Opposition, I will not negotiate a delay with the EU; neither does the law compel me to. I will tell our friends and colleagues in the EU exactly what I have told everyone in the 88 days in which I have served as Prime Minister: further delay would be bad for this country, bad for our European Union, and bad for democracy. Next week, the Government will introduce the legislation needed for us to leave the EU with our new deal on 31 October, and I hope that our European Union colleagues and friends will not be attracted, as those on the Opposition Benches—or rather, I should say, the Opposition Front Bench—are, by delay; I do not think that they will be. Then, I hope that hon. Members, faced with a choice on our new deal for the UK and the European Union, will change their mind—because it was pretty close today—and support this deal in overwhelming numbers.

Since I became Prime Minister, I have said that we must get on, and get Brexit done on 31 October, so that this country can move on. That policy remains unchanged. No delays! I will continue to do all I can to get Brexit done on 31 October, and I continue to commend this excellent deal to the House.

Jeremy Corbyn Portrait Jeremy Corbyn (Islington North) (Lab)
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Further to that point of order, Mr Speaker. I welcome today’s vote. Parliament has clearly spoken. [Interruption.]

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John Bercow Portrait Mr Speaker
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I am not a lawyer—I say that as a matter of some very considerable pride—but my understanding is that the legal position is clear. I do not dissent from what the hon. Gentleman has just said about the legal position. Ministers have made—I say this quite neutrally—a number of statements about adherence to, or compliance with, the so-called Benn Act. Those statements have not always been immediately and obviously compatible with each other. I think we have to await the development of events. In general terms, it is of course true to say that Ministers have emphasised their commitment to observe the law, including the Prime Minister, who has said that on a number of occasions. It is also true that the Prime Minister has indicated that he is not willing to seek an extension.

My understanding of the legal position is the same as that of the hon. Gentleman. We must await the development of events. The hon. and learned Member for Edinburgh South West (Joanna Cherry), from the SNP, raised a similar concern about this matter, which has now been echoed by the hon. Gentleman. Further enlightenment may follow when the Leader of the House uncoils and addresses us from the Dispatch Box—I do not know. I am not psychic; we shall see.

I think that matters are coming to a conclusion today, but the House will sit on Monday and I confidently anticipate that the hon. Member for Gedling (Vernon Coaker) will be in his place and ready to leap to his feet with alacrity to advance his point of view and that of others. [Interruption.] The Comptroller of Her Majesty’s Household, the hon. Member for Horsham (Jeremy Quin), is shaking his head in a mildly eccentric manner. [Interruption.] Not at me—indeed. We are deeply grateful. I was not looking to call him, but if he particularly wanted to raise a point of order, especially as he used to be my constituent, far be it from me to deny him. [Interruption.] He says “Not today”—okay, fair enough.

Jacob Rees-Mogg Portrait The Leader of the House of Commons (Mr Jacob Rees- Mogg)
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Further to that point of order, Mr Speaker. In the light of today’s decision, I should like to inform the House that Monday’s business will now be a debate on a motion relating to section 13(1)(b) of the European Union (Withdrawal) Act 2018, and I shall make a further business statement on Monday.

John Bercow Portrait Mr Speaker
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I note what the Leader of the House has said. We will hear what others have to say—that has been done by him on a point of order.

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John Bercow Portrait Mr Speaker
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I certainly expect the Queen’s Speech debate to be conducted. It is to be expected that it will be continued. After all, the Leader of the House, who must have contemplated the possible scenarios, informed the House in all solemnity on Thursday of the business for Monday and Tuesday. He has not disavowed it.

Jacob Rees-Mogg Portrait Mr Rees-Mogg
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indicated assent.

John Bercow Portrait Mr Speaker
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The nod of the head from the right hon. Gentleman confirms that he is not disavowing the intention to continue with the Queen’s Speech. I hope that the hon. Gentleman derives some succour from that fact. It is necessary for him not only to listen to me but to observe the head movements of the right hon. Member for North East Somerset.

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John Bercow Portrait Mr Speaker
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It would certainly be helpful if the Leader of the House would elaborate, because at the moment there is extreme ambiguity about intention, and that—if I may very politely say this to the Leader of the House—cannot be right.

Jacob Rees-Mogg Portrait Mr Rees-Mogg
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Further to that point of order, Mr Speaker. I think that you worry unduly. There will be a full emergency business statement on Monday—that is part of what I was saying—so that people can have a full appreciation of what business there will be. I made my announcement on a point of order because the situation had arisen urgently, and it was important to make clear to the House straightaway what would happen. However, as Members will know, statements are made very early in the day, and there will therefore be an opportunity for full understanding of how business will develop.

The Queen’s Speech debate will continue, but Monday will be as I set out in the point of order that I raised a few moments ago.

John Bercow Portrait Mr Speaker
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It will be if it is orderly, and I will reflect upon that matter. The Government are not the arbiter of what is orderly, as the right hon. Gentleman knows, and as I indicated to him during the exchanges on the business question on Thursday. That is a matter that brooks no contradiction whatsoever. Even if people feel that they are immensely knowledgeable about procedure or have a right to have their own way, or both, they can do so only within the rules.

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John Bercow Portrait Mr Speaker
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I think I can assure the right hon. Gentleman on that point. My instinctive and unfailing approach, to the best of my limited ability, is to try to facilitate the House. It flows from that that I do not want the House to be disadvantaged.

In the ordinary course of events, one would hope that there was adequate notice of a motion and therefore an opportunity for amendments to be submitted on an earlier day. If there is no reasonable opportunity in this case, but there is—and I say “but there is”; it remains to be seen whether there is—an orderly motion before the House, tabled at rather short notice, it must be right that there should be an opportunity for manuscript amendments to be tabled, so that alternative propositions can be put before the House. I think I can say without fear of contradiction that that would be the case. It would be, I think, desirable in processing these matters for any such amendments to be down by midday on Monday. The Government’s motion has gone down today; a simple nod of the head would suffice.

Jacob Rees-Mogg Portrait Mr Rees-Mogg
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indicated assent.

John Bercow Portrait Mr Speaker
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I am grateful. However, I am happy to hear other views about that, although that would be my instinct—by midday would be helpful. Yes, there would be an opportunity for manuscript amendments.