European Union (Withdrawal) (No. 5) Bill

Debate between Hilary Benn and George Eustice

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 3rd April 2019 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

I want to pick up on a comment the hon. Gentleman made a moment ago. As I understand it, amendment 21 would delete subsections (6) and (7) and amendment 20 seeks a maximum extension length of 30 June 2019, but subsection (5) would remain. On my reading of the Bill, that would allow the House to amend the 30 June date that he seeks to insist is the latest date that the Prime Minister could put in any motion provided for under subsection (2). Will he just clarify whether that would be the result of his amendments?

[George Eustice]

Well, we have all had a little time to look at the Bill, but my understanding is that amendment 20 would insert a maximum time limit and that subsection (5) would then be subject to it. Subsection (3) makes explicit reference to subsection (2), which relates to the motion that would be before the House. I think the consequence of amendment 20 would be to include a limit of the 30 June, notwithstanding what the right hon. Gentleman says about subsection (5).

[Hilary Benn]

I am grateful to the hon. Gentleman for giving way again. That would not be my interpretation, because subsection (5) states:

“If the motion in the form set out in subsection (2) for the purposes of subsection(1) is agreed to with an amendment”,

meaning an amendment to the date that the Prime Minister has asked for, which clearly shows that the motion that the Prime Minister would move is amendable. Therefore, if the House decided to include a date different from 30 June 2019, that is what the Prime Minister would have to seek in her discussions with the European Union.

[George Eustice]

I do not agree, because subsection (3), as amended by amendment 20, would mean that it would not be possible to have a date in a motion under subsection (2) that went beyond 30 June, because subsection (3) would make it explicit that the date could be no later.