European Union (Withdrawal) (No. 6) Bill

Debate between Bernard Jenkin and Hilary Benn

2nd reading: House of Commons
Wednesday 4th September 2019 Commons Chamber

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

rose—

[Hilary Benn]

I will give way in a moment.

In other words, the Bill gives the Prime Minister the flexibility that he wants and needs to get a deal if he can. It does not render further negotiation pointless—if the Prime Minister were here I would say this forcefully to him—but what does is the Prime Minister’s apparent refusal to put any proposals to the EU if this Bill passes, which I can describe only as a very odd state of affairs.

[Sir Bernard Jenkin]

Clause 3(2) is very clear that the period of two days begins with

“the end of the day on which the European Council’s decision is made.”

We were told very clearly during proceedings on the change of date, after the two previous occasions when the Government accepted an extension, that we were merely implementing a decision that was already made and binding in European Union law. The right hon. Gentleman’s proposal depends on the European Union making a conditional offer that comes into force only if it chooses to make it conditional on subsequent approval by the House of Commons. He has no way of binding the European Union’s procedures by domestic legislation.

[Hilary Benn]

If the Bill is passed, the House of Commons will pass it in the knowledge that it is seeking in the circumstances set out an extension to 31 January. If, however, the European Union proposes a different date, it seems to be only right and proper that the Prime Minister should be able to say, either, “Yes, that is fine by me,” or, “I will need to go back and check.” I agree with the hon Gentleman that, of course, we cannot bind the European Union in the way it seeks to work, but it is not at all unusual for member states to say, “Well, we will need to go back and check with our Parliament.” I am certain, given the importance of this issue, that the European Union would be able to find another procedure, which might not involve the European Council meeting again, to confirm the decision it made in making the offer in the first place.

The second point is that the two days is intended precisely to give the Prime Minister the chance to come back to the House in those circumstances.

--- Later in debate ---

[Hilary Benn]

No, that is not the case. In those circumstances, the House could decide to ask the Prime Minister to go back. The central point is that it gives the House of Commons the ability to express a view, but if the extension was to 31 January we would have already decided that we were prepared to accept that. Therefore, it is only if the Prime Minister does not get a deal that the Bill prevents him from taking us out of the EU without an agreement.

[Sir Bernard Jenkin]

rose—

[Hilary Benn]

I will give way one more time to the hon. Gentleman.

[Sir Bernard Jenkin]

Article 50(3) of the treaty on European Union baldly states that we leave after two years

“unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.”

There is no obligation on the European Union to decide to make a conditional offer—it can decide—yet the Bill requires the Prime Minister, in those circumstances, to accept the terms that are on offer, and that is it. The Bill hands the decision back to the European Union, rather than to this House.

[Hilary Benn]

I do not agree. Of course, we all recognise that with any of these provisions there is no guarantee that the European Union will grant a further request from the United Kingdom for another extension of article 50. It takes only one member state of the European Union to say, “No, I’m not giving the United Kingdom a further extension” for us to be in even greater difficulty than we are already.

The provision seeks to require the Prime Minister to ask for and agree to an extension, because that is what is required to prevent the current Prime Minister from taking us out of the EU on 31 October without a deal. We did not have to put those provisions in the earlier Bill introduced by my right hon. Friend the Member for Normanton, Pontefract and Castleford because the former Prime Minister readily accepted the decision of the House of Commons, but we are now in different circumstances.

Clause 2 covers what happens if an extension is proposed and agreed. Members have asked, quite rightly, what the extension is for. The immediate answer is, of course, to avoid a no-deal Brexit on 31 October, but clause 2 provides a framework under which the Government will publish a report to the House on 30 November—this comes back to the point that my right hon. Friend the Member for Birkenhead (Frank Field) raised with me earlier—and move a motion to the effect that the House has approved the report. That gives the Government a chance to say, “What are we going to do next?” It is also something that we can point to with the European Union. Members should remember that, last time, Mr Tusk said, “Use the time well,” and it is important that we in this House show that we are not just saying, “Right, we want a further extension, and then we are going to twiddle our thumbs for another three months.”

The Bill suggests a process. If the report is amended or rejected, there must be further reports from the Government on 10 January and every 28 days thereafter, either until an agreement is reached with the EU or until otherwise indicated by a resolution of the House. I think the framework in clause 2 will help to answer the question about what we intend to do with the additional time, and that will be a matter for Parliament.

European Union (Withdrawal) (No. 5) Bill

Debate between Bernard Jenkin and Hilary Benn

Monday 8th April 2019 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

First, I should like to say to the hon. Member for Stone (Sir William Cash) that the reason we are debating this Bill again tonight is that the House of Commons has approved it and the other place has approved it with amendments. If that is a constitutional revolution, it is a constitutional revolution courtesy of the democratic will of this House and the other place. Secondly, on the subject of the European elections, the Government have made it quite clear to the House that if we are still a member of the European Union on 23 May, those elections will take place. Indeed, the Government have moved the order that will start the process and I understand that the Conservative party has started the process of calling for candidates to stand in those elections.

I rise to support my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) and the right hon. Member for West Dorset (Sir Oliver Letwin) and to thank them, because the Bill has helped us get to the place, subject to the decision of the European Council on Wednesday, where the will of the House to oppose leaving the European Union without an agreement will finally be given effect. The House needs to remember that the Bill has one purpose, and one purpose only: it is a “prevention of a no-deal Brexit” Bill. If the House gives its approval to it shortly, it will become a “prevention of a no-deal Brexit” Act.

[Sir Bernard Jenkin]

Can the right hon. Gentleman just read out the text of the Bill that will oblige the Prime Minister to accept an extension when she attends the Council of Ministers?

[Hilary Benn]

The Prime Minister will accept an extension because she has asked for one. It is the existence of this Bill that has led her, in advance of the Bill being approved by the House, to write to the President of the European Council seeking an extension, because twice, much to the unhappiness of certain Members on the Government side of the House, she has been faced with this choice: either to take the country over the edge of a no-deal cliff, or to apply for an extension.

The reason I think some Members are very cross about that—I accept that they are cross—is that on both occasions the Prime Minister, facing both this Bill and a revolt by her Ministers, decided to act in the national interest by making that application. I hope very much that on Wednesday the European Council will grant more time, because whatever one thinks about the Prime Minister’s deal, one thing is clear: a no-deal Brexit would be disastrous for our country. That is why I hope the House will vote for the Bill tonight.

[Mr Steve Baker (Wycombe) (Con)]

May I begin by saying how pleased I was to learn, when my hon. Friend the Member for Stone (Sir William Cash) mentioned the European Union (Notification of Withdrawal) Act 2017, that so many Opposition Members voted for that Act on the basis that they took on trust the success of a Conservative Prime Minister? I am pleased that they have so much confidence in us. When they voted for that Act, they either did or did not know the terms of article 50. If they did know the terms, then they voted to leave the European Union potentially without a withdrawal agreement; and if they did not, then clearly they were ignorant of one of the most important matters of the moment. Perhaps instead they were just voting for short-term political expediency. In any event, it is not very credible for Members now to be panicking and seeking to overturn what they previously legislated for, with great care and over a considerable period of time.

I turn my attention to Lords amendment 5, which I find rather surprising, because it seeks to restore the prerogative to the Government, provided they seek a long extension. Of course, this House resoundingly defeated the Government on that very point. I am therefore very pleased that my hon. Friend the Member for Stone has tabled amendment (a) in lieu of Lords amendment 5, to rule out European elections. It states:

“No extension of the period under Article 50(3) of the Treaty on European Union may be agreed by the Prime Minister if as a result the United Kingdom would be required to prepare for or to hold elections to the European Parliament.”

This House united around what was known as the Brady amendment, to replace the backstop with alternative arrangements. I cannot think how many times I and other Members have tabled the so-called Malthouse compromise, to limit the implementation period, replace the backstop and, in the latest incarnation, get rid of the single customs territory. We have tried and tried to give the Government the way to get a deal.