Compliance with the European Union (Withdrawal) (No. 2) Act 2019

Debate between Ian Murray and James Duddridge

Thursday 26th September 2019 Commons Chamber

[Ian Murray (Edinburgh South) (Lab)]

(Urgent Question): I am happy to have been slightly delayed by an actual point of order. My urgent question is to ask the Prime Minister to make a statement on compliance with the European Union (Withdrawal) (No. 2) Act 2019.

[The Parliamentary Under-Secretary of State for Exiting the European Union (James Duddridge)]

In the tone that you are setting, Mr Speaker, perhaps I may refer to a Member incorrectly and thank my hon. Friend, because there are many friends across the Chamber. If one reads the newspapers this morning, there is a feeling that we are permanently adversarial and at war with one another. That is not the case. Many of us work together bilaterally in groups and Committees in this House, and most of the time on the Floor of the House we work in a consensual nature.

Turning to this important urgent question, the Government will obey the law. That has always been the case. The House has heard that from the Prime Minister; it has heard it from the First Secretary of State, my right hon. Friend the Foreign Secretary; it has heard it from the Lord Chancellor, who has constitutional responsibility for upholding the rule of law; and yesterday right hon. and hon. Members had the opportunity to put similar questions to the Attorney General.

The Government opposed the Act that was passed earlier this month. Notwithstanding our fervent attempts to resist the passage of the Bill, even its architects must accept that the Act makes provision for a potential range of outcomes, not one outcome. The outcome the Government want—the outcome this Government have always wanted—is a deal with the European Union. That deal can deliver the mandate of the British people. That deal is possible and is now within reach.

My right hon. Friend the Secretary of State for Exiting the European Union, along with the Prime Minister’s negotiating team, has been engaged in constructive negotiations. As the Prime Minister told this place yesterday, we were told that Brussels would never reopen the withdrawal agreement, but we are now discussing reopening the withdrawal agreement in detail. While I appreciate that some may seek to anticipate failure, to frustrate from the sidelines or to speculate for some type of sport, this Government will not indulge in defeatism.

I trust that the House, and the collective wisdom of hon. Members, will focus its energies today and beyond on the prospect of success in the negotiations and prepare to give any revised agreement its full and unfettered support.

[Ian Murray]

In the same tone, I would like to say to my hon. Friend—we have been on many delegations together—that we should treat one another with respect across the House. I would also like to say, in the same spirit as your opening remarks, Mr Speaker, that I stand in front of the shield of Jo Cox and I hope that today this Parliament could have a little bit more respect—not just for one another and Parliament, but for the public as well.

Mr Speaker, thank you for granting this urgent question. The European Union (Withdrawal) (No. 2) Act was passed by the House and given Royal Assent by Her Majesty the Queen on Monday 9 September and brought in the names of my right hon. Friend the Member for Leeds Central (Hilary Benn) and the right hon. Member for North East Bedfordshire (Alistair Burt). That Act clearly says that the Prime Minister must seek an extension to article 50 to 31 January if the Prime Minister is unable to meet one of the two conditions of either having a withdrawal deal passed by this House, or having an affirmative vote by this House to back no deal.

The Minister said in his opening response that there was a range of options. That is the only range of options in that Bill—to pass a deal, to pass no deal, or subsequently to seek an extension. The Supreme Court decision this week and the statement in this House followed by questioning of the Prime Minister yesterday were a national embarrassment. Under any other political equilibrium, this Prime Minister would have seriously considered his position as Prime Minister, and potentially resigned from it. Many people have lost their jobs in government for a fraction of what this Prime Minister has done over the last two weeks.

Yesterday, the Attorney General, at that Dispatch Box, during the urgent question tabled by my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry), said clearly, in answer to a question by my hon. Friend the Member for Grantham and Stamford (Nick Boles), that he would abide by the law of the EU (Withdrawal) (No. 2) Act 2019. He said that with uncharacteristic clarity when he said simply, “Yes” in response to that question. Last night, the hon. Members for North East Fife (Stephen Gethins) and for Paisley and Renfrewshire North (Gavin Newlands) and many others pressed the Prime Minister to make the same commitment. He did not give the same commitment in this House. And under questioning from myself, very late in the sitting last night, when I asked whether he would fully comply with the provisions of the Act, should he not get a deal through this House, or an affirmative vote for no deal, by 19 October, the Prime Minister answered with one word: he answered, “No.”

I have tabled this urgent question, first, to seek clarity; and secondly, to ask the Minister, in all good faith, to tell us, which he has not done yet, what the Prime Minister meant when he said “No,” because frankly, and with reference to my earlier remarks about respect across this House, I am sure that there are very few people in this House, and very few people in this country, given the events of the last few weeks, who trust the words of the Prime Minister, even when said from that Dispatch Box. The Prime Minister used—[Interruption.] The Prime Minister used, in a direct answer to my question, the word “no,” so I have several questions to ask the Minister, and with this new level of respect I hope he is able to answer them directly.

What does the Prime Minister intend to do if he does not get a deal through this House by 19 October or an affirmative vote for no deal? That is question No. 1.

--- Later in debate ---

[Ian Murray]

Question No. 2: do we have to take the Prime Minister to court again to comply with the law? Question No. 3: what message does it send out when the Prime Minister says no to a straight question whether he will comply with the law? Lastly, and most importantly, the Minister said, and the Attorney General said, that the Government will obey the law. What does that mean? Can the Minister just come to the Dispatch Box and say that obeying the law means that the Government will seek an extension to 31 January if the provisions of that Act are not met?

[James Duddridge]

In politics, we are quite often berated for not giving a straight answer. I thought that the Government’s position was very, very clear: we will obey the law. Does the Prime Minister, do this Government, want to extend? No, we do not want to extend. We want a deal. That is our focus.

The hon. Gentleman talks of equilibrium. Well, in a normal equilibrium we would be having a general election, and we would ask the public to decide. That would bring back the equilibrium.

The hon. Gentleman needs to appreciate that the Prime Minister, the Government, and I, as a Minister in the Department for Exiting the European Union, will obey the law, and we will obey the law at every stage and turn of this process.