(5 years, 4 months ago)
Commons ChamberI thank the right hon. Gentleman for the discussions we have had and the support he has continued to give to the Conservative and Unionist party so that there is a Conservative and Unionist Government in this country. I thank him for the warm invitation to Northern Ireland he has given to me and Philip. I have enjoyed my visits to Northern Ireland. I congratulate all those in Northern Ireland who were involved in putting on the Open championship at Portrush. There was a slight issue with the weather, which may have favoured those who came close to the top of the championship, but it was an excellent championship, and many people will have seen the delights and benefits of Northern Ireland when they attended that event.
As somebody who has not invariably seen eye-to-eye with the Prime Minister, may I thank her for her remarkable public service, for showing that highest of virtues, a sense of duty and, on top of that, for being willing to deal with enormous courtesy with people who must on occasions have been annoying to her? On behalf of many people, I thank the Prime Minister.
(5 years, 5 months ago)
Commons ChamberObviously, we are looking across the board. A number of issues have been raised as a result of the terrible tragedy that occurred at Grenfell Tower that we have already acted on, and we are continuing to work, as I indicated in response to the Leader of the Opposition last week, and to look at issues such as social housing. While many people focus on the issue of cladding and building standards, it is the fact that people’s voices were not being heard from that social housing that is of particular concern. Ensuring that we have the right approach in relation to regulation is important. On sprinklers, the recommendation after Lakanal was not that every property over a certain height should have sprinklers retrofitted. It is important to be clear about that.
On 15 May, my right hon. Friend welcomed a decision by the National Institute for Health and Care Excellence to allow the drug Spinraza, which is for spinal muscular atrophy, to be prescribed, including, we thought, to my constituent, the grandson of Mrs Ogborne. NICE has now written to Mrs Ogborne to say that it accepts that the news story that appeared on the NICE website was not clear enough. That is code for saying that my constituent’s grandson will not receive this drug. When NICE says something, can it be ensured that it does it, and that bureaucratic flannel does not raise people’s hope then to dash it?
I am very concerned to hear the case that my hon. Friend has brought before the House of his constituent and Spinraza. I will ensure that it is looked into. If NICE says that Spinraza is available, then obviously it should stand by its word.
(5 years, 6 months ago)
Commons ChamberA choice between such distinguished colleagues—I call Mr Jacob Rees-Mogg.
My right hon. Friend must have noticed the response in this House and overnight to her statement. In proposing this folderol, is she going through the motions or does she really believe in it?
I do not think I would have been standing here at the Dispatch Box and have been in receipt of some of the comments that I have been in receipt of, from colleagues on my side and across the House, if I did not believe in what I was doing. I am doing it because I genuinely believe that it is in the national interest for us to leave the European Union with a deal. The only way to get a deal through is to get a withdrawal agreement Bill through this House. There are issues that this House disagrees on. I believe that those issues should be put to the House and it will determine them. At that point, the House and all its Members will have to come to some decisions.
At the moment, it has been possible through indicative votes to give indications, but they have not been decisions that will be put into legislation. When the time comes to look at this matter, these will be decisions about what should go ahead in the Government’s position and what should be in legislation. People will not be able to duck the issues. It will be necessary to come to an agreement. [Interruption.]
(5 years, 8 months ago)
Commons ChamberI am sure the whole House is immensely obliged to the right hon. Lady for offering it her opinion on what the meaning or implications might be. If she feels better as a result then I am deeply grateful to the right hon. Lady, but it is purely her view; it does not mean anything more than anybody else’s view—or indeed, for that matter, anything less.
On a point of order, Mr Speaker. I think it would be helpful to have some clarification, because “Erskine May” says that selection is made by the Chair
“in such a way as to bring out the salient points of criticism, to prevent repetition and overlapping….and where several amendments deal with the same point, to choose the more effective and the better drafted.”
I understand that your predecessor gave a memorandum to the Select Committee on Procedure in 1966-67 on how amendments were selected, and I wondered if it might be helpful if you were to update your advice so that in future we would be clearer as to how these decisions are made.
I do not think there has been any notable complaint of ambiguity thus far. I confess, I say to colleagues and those attendant to our proceedings, that I have been accused of many things over the years, but ambiguity and unspecificity and lack of clarity in saying what I mean has not been one of them. If the hon. Gentleman thinks I need to speak a little more clearly and to enunciate more satisfactorily I am always happy to benefit from his wise counsel in these matters; however, as far as procedure is concerned I am comfortable that a perfectly proper decision has been made after due reflection—considerable reflection—this morning and consultation with my professional advisers. The hon. Gentleman’s view as to which amendment is better worded or likely to be more effective is a view, and I treat it with respect, but I do not think it is definitive so far as the choice today is concerned. If more widely he thinks that a manual on this matter for the future would be of use, that is a matter I will be happy to discuss with him over a cup, or mug, of traditional tea.
(5 years, 8 months ago)
Commons ChamberThe right hon. and learned Member for Holborn and St Pancras (Keir Starmer) began his remarks by paying tribute to the officials across Whitehall who have put so much work into the negotiations on which we will vote tonight. On behalf of the Government, I join him in paying tribute to them for that work.
Eight weeks ago, Parliament made it clear that, despite the benefits delivered by the deal, the deal must change. The Government have listened to the concerns of the House, and they have done that. They return to present a revised package, which my right hon. Friend the Prime Minister, my right hon. and learned Friend the Attorney General and I are putting to the House, that signals a moment in time when we can move forward and when the country can move forward. It delivers the certainty our businesses need, the guarantees our citizens seek and the protections requested across the House on workers’ rights and environmental standards. On Gibraltar, as the Chief Minister himself has said on many occasions, the Prime Minister has been absolutely clear that we stand behind British sovereignty for Gibraltar and that will never change. Above all, a vote for the deal tonight will deliver a wider global message that, when this country votes, respecting strongly held differences of opinion, its Parliament acts on that public vote.
In recent weeks, the Prime Minister and senior members of the Government have engaged widely: from trade unionists such as Len McCluskey to businesses, EU leaders, many colleagues across the House and even—on one occasion, when he finally got round to it—the Leader of the Opposition. Tonight, the Government present a package of measures that will extinguish the risk of no deal and remove the democratic threat posed by no Brexit. The fear of being trapped in the backstop and of the EU using its leverage in negotiations have been repeatedly raised in previous debates. I do not believe that the EU ever intended to approach our future relationship in bad faith. Indeed, it is a slight irony that those who say they are European suggest that the backstop and the EU acting in bad faith is a concern of theirs. It is certainly not my experience of dealing with them. We share values and we want to trade together, but we have to address that risk.
I am very grateful to my right hon. Friend for giving way on the point about our being stuck in the backstop. Further to my question earlier, I understand that the Attorney General has been able to extend his advice on how article 62 of the Vienna convention could be used. Would my right hon. Friend be able to confirm that?
I am very happy to address the point that my hon. Friend has raised. Before I do, I was going to come on to the wider point that the Attorney General made clear in his comments this evening— that the documents laid before the House reduce the risk on which he previously gave advice to the House on 13 November.
However, I think the issue to which my hon. Friend alludes is the exceptional circumstances that might change the basis on which the UK might enter into an agreement. For the clarity of the House, if the United Kingdom took the reasonable view, on clear evidence, that the objectives of the protocol were no longer being proportionately served by its provisions because, for example, it was no longer protecting the 1998 agreement in all its dimensions, the UK would first, obviously, attempt to resolve the issue in the Joint Committee and within the negotiations.
However, as the Attorney General said in the House today, it could respectfully be argued, if the facts clearly warranted it, that there had been an unforeseen and fundamental change of circumstances affecting the essential basis of the treaty on which the United Kingdom’s consent had been given. As my hon. Friend will know, article 62 of the Vienna convention on the law of treaties, which is reflective of the customary international law, permits the termination of a treaty in such circumstances. It would, in the Government’s view, be clear in those exceptional circumstances that international law provides the United Kingdom with a right to terminate the withdrawal agreement. In the unlikely event that that were to happen, the United Kingdom would no doubt offer to continue to observe the unexhausted obligations in connection, for example, with citizens’ rights. I hope that addresses the concern that was raised.
(5 years, 9 months ago)
Commons ChamberThat is completely right. That is what we are here for. We are not here to voice our own opinions or to fragment into factions and then impose views on others by virtue of deals done across the Floor of the House. We are elected on manifesto commitments, and we have an obligation to our constituents to make laws in their interests, not in ours. I therefore suggest that looking at article 4 is extremely important. I accept that it is said that the article would apply only during the implementation period, but that in itself would put us at the mercy of our competitors.
It is worse than that, because it would apply not only during the implementation period but during the whole period of the backstop, which is potentially unlimited. The European Court of Justice would therefore remain—against our manifesto commitment—the supreme arbiter of our laws in that area.
I am so glad that my hon. Friend has made that point, because I was about to make it myself and now will not have to. I am as much against the backstop as I am against the article 4 arrangements, for reasons that both of us agree on.
We have to grapple with the fact that article 4 will apply across all the EU treaties, laws and legal positions adopted by the ECJ over recent years. It is inconceivable that the House would hollow itself out in such a manner as to preclude itself from being able to control such things. I am Chairman of the European Scrutiny Committee, and we get these regulations and directives week in, week out. We received one last week that intends to turn the veto procedure—or unanimity rule—over the making of national tax policy into qualified majority voting. If people really think that that is a minor matter, let them think again what effect it would have on their constituents.
Under article 4, our country would be reduced, as I said in my intervention on the Chancellor of the Duchy of Lancaster, to an undemocratic subjugation to the decisions of 27 other member states. In fact, not only that, but as I said, it would put us at the mercy of our competitors. In addition, the article would have the same effect with regard to the question of state aid during the backstop.
I do not think that the businesses that argued so strongly for this transitional period had any idea that this would be the consequence of the withdrawal agreement. That agreement emerged from the Chequers deal, which itself was an overturning of the withdrawal Act that we passed in June 2018 and had been planned long before that Act was given Royal Assent, without any reference to the Cabinet and in defiance of collective Cabinet responsibility.
If we do not control these laws, who will? It will be the 27 member states. In an important book, “Berlin Rules”, by our former ambassador to Germany, Sir Paul Lever, he says that before decisions are taken by European member states, or indeed by the Council of Ministers, they are cleared with Germany. He also says that it is a German Europe. He does not mince his words.
(5 years, 9 months ago)
Commons ChamberI say to all Members of this House that I have already been very generous in taking interventions. I am sure that many Members wish to contribute to the debate, so I will make progress.
As I have referenced my hon. Friend in my speech, I will give way to him.
I am grateful to my right hon. Friend and thank her for her very clear assurances that the withdrawal agreement text will be reopened and that she will consider what has been called the Malthouse compromise. May I ask for one more promise, namely that any further detailed agreement will come back and will not be deemed to have been ratified by the amendment tabled by my hon. Friend the Member for Altrincham and Sale West (Sir Graham Brady)?
I give my hon. Friend that assurance: it has to and will come back to this House. Legally speaking, ratification of the agreement can take place only in the act of passing the WAB—the withdrawal agreement Bill. That will be the ratification moment for any arrangements.
The hon. Gentleman does know parliamentary procedure. Point of order, Mr Jacob Rees-Mogg.
On a point of order, Mr Speaker. This is a genuine point of order. I wonder whether you could guide the House on how Members refuse interventions, because I think the reason there is so much noise is that it is not clear whether the right hon. Gentleman has heard the request for an intervention or not. Your guidance would be extraordinarily helpful.
I am very grateful to the hon. Gentleman. If I understand his point of order correctly, the answer to it is that the customary method of acknowledging the intention of another Member to intervene, and perhaps the acceptance of that intervention, is a gesticulation with the hand, at which, among other things, the hon. Gentleman excels. [Interruption.] No, no, I think the hon. Member for St Albans (Mrs Main) is a bit confused; it is not about the fact that someone seeking to intervene gesticulates, but the fact that the Member on his or her feet signals acceptance. That has not happened and therefore the Leader of the Opposition has the Floor. The position is extraordinarily straightforward.
(5 years, 10 months ago)
Commons ChamberThe scheme that the Home Office has set out is very clear about the rights that EU citizens would have, and the withdrawal agreement, which I think the hon. Lady voted against, also sets out clearly the rights of EU citizens upon our leaving the EU, but I will ensure that the relevant Department looks at the issue she raises.
I thank the Prime Minister for saying that she will go back to the EU to discuss the backstop in particular. When she goes, will she take with her a copy of the House of Lords report from March 2017 that says if we leave without a deal we do not owe it any money, because that may make it more willing to talk?
My right hon. and learned Friend the Attorney General responded to the issue of the House of Lords report in last week’s debate. He was very clear that the House of Lords report had looked at a particular aspect of law but had itself recognised there might be obligations under other aspects of international law. The advice is clear that there would be obligations on us to pay in a no-deal situation, and I believe that we should be a country that respects its legal obligations.
(5 years, 10 months ago)
Commons ChamberI am grateful to the Prime Minister for that intervention. I say to her that there are 59 seats in Scotland, the Scottish National party hold 35 of them—a majority of seats—and we have won every election to the Scottish Parliament since 2007. The Prime Minister could only dream of being a situation where she has a majority.
Let us come back to the fundamentals of this. We have a Prime Minister who is captured by her right-wing Brexiteers. The issue is, when you have a minority, you have to be able to work across party. We have a situation where the Prime Minister is beholden to the DUP, but the DUP will support her only in very certain circumstances.
This is not just about the defeat of the Government on Brexit last night. They are a Government who are stuck and cannot get their legislative programme through. They have no majority support in this House. They are a Government who are past their time. If the Government had any humility or self-respect, they would reflect on the scale of that defeat last night. We should not be having this motion of no confidence. The Government should recognise that they have no moral authority. The Government, quite simply, should go.
I think the right hon. Gentleman’s speech is a little eccentric because he seems to think that the ERG and the DUP control the Prime Minister. Why, then, did 120 of us vote against the Prime Minister yesterday? If we are in such control, we are clearly not doing it very well.
Let me explain. The hon. Gentleman, in supporting a motion of no confidence against the Prime Minister, as he did, clearly expressed that he does not have confidence in the Prime Minister. What the ERG is seeking to do is to make sure that the Government deliver what it wants, which is a hard Brexit—a no-deal Brexit perhaps—against the interests of the majority of the people in the United Kingdom.
Here is the reality. Having listened very carefully to what the Prime Minister has said today, there is no change to the Government’s position. The red lines remain in place. I fear that what is really going on is that we have a Government who are seeking to run down the clock, safe in the knowledge that the withdrawal Act has gone through, and seeking to drive Parliament to the margins and to make sure that we do crash out of the European Union, with no deal as a serious prospect. All of us should recognise the risks of no deal that no sane person in this House would support. The Government should unilaterally take off the table that risk to all of us and all our constituents.
(5 years, 10 months ago)
Commons ChamberI say to the right hon. Gentleman that the Government are getting on with what we believe is right in putting a deal to this Parliament to deliver on Brexit and for the British people. I also say to him that this is not the only thing that this Government have been involved in. I would hope that, when he talks about what the Government have been doing, he would recognise the importance of the long-term plan for the national health service and the significant investment in the national health service that the Government have agreed and are going to put in.
In her statement, my right hon. Friend pointed out that the EU will not agree to an end date to the backstop or a unilateral exit mechanism. Does that make her doubt its sincerity when it says that it does not really want the backstop?
The concern that the European Union has about those two options are, as I said in my statement, that somehow the United Kingdom would engineer a situation where it simply pulled out and there was a hard border between Northern Ireland and Ireland. It wants to guarantee that there would be no such hard border.
I have said to the European Union that Northern Ireland is part of the United Kingdom: we want to guarantee that commitment to the people of Northern Ireland—it is important, because they are part of the United Kingdom. But the European Union has been clear that in every circumstance, whatever trade agreement was negotiated in future and whatever the withdrawal agreement, it would require a backstop to be part of that.
What we can do is ensure that we get the future relationship in place, such that the backstop is never needed and that, were it to be needed, it would be only temporary. It is getting that future relationship in place that enables us to ensure the long-term sustainability of the guarantee that we have given the people of Northern Ireland.