Article 50 Extension

Debate between James Heappey and Hilary Benn

Wednesday 20th March 2019 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

It is a genuine privilege and pleasure to follow the right hon. Member for Putney (Justine Greening), who just made an outstanding speech about the state we are in. Let me just add that for sheer chaos, the past 24 hours will take some beating when the annals of Brexit finally come to be written. Should we be entirely surprised, as a House? I do not think so, because it is consistent with a pattern of behaviour that dates right back to the first days after the referendum result. We know that the House has had to persuade, cajole and push the Government, at every single stage, to listen to our views and votes as Members of the House of Commons. One consequence of their refusal to do so is that there is a terrible lack of trust in the Government and their intentions and processes. We need trust if we are going to make progress, because at the moment we have absolutely no idea where we are heading.

I wish to say three things about the priorities for the House of Commons and for the country. Priority No. 1 is that we must achieve an extension to article 50, which is why we voted against leaving with no deal on Wednesday last week, and why we voted in favour of requiring the Government to make an application for an extension to article 50 on Thursday last week. If we do not get an extension, we will leave with no deal in nine days. We can move whatever statutory instruments we like in this place, but we prevent a no-deal Brexit only if, on the one hand, we have changed the law in the European Union (Withdrawal) Act 2018, and on the other hand the EU agrees to grant an extension. In other words, the two have to come together at the right moment to guarantee an extension. We will all have paid careful attention to what we have read on our phones about what Donald Tusk had to say about a short extension being dependent on a positive vote on the withdrawal agreement next week. I only hope that what he did not say about an alternative extension being available is in his mind if the House decides that it will not vote for the deal if it comes back.

[James Heappey (Wells) (Con)]

Does the right hon. Gentleman agree that, in the light of what President Tusk has just said, it would be remiss of the House not to consider the deal another time next week, given that he has encouraged us to do so and made it clear that an extension is conditional on our having considered it again?

[Hilary Benn]

I can only presume that Mr Tusk is trying to encourage Parliament and the country finally to come to a decision. As the hon. Gentleman will be well aware, there is great frustration on the part of the EU. At a recent meeting with members of the Select Committee, Michel Barnier said that what we do not really need now is more time. What we need, he said, were some decisions. I would express that frustration at the Government, because the story of this sorry tale that has brought us to our present condition is one of an unwillingness to take real decisions about the future choices that we face as the fantasies of the leave campaign have collided harshly with the reality of the past two and three quarter years. If the Government had been willing to make those decisions, then perhaps they could have been able to command a majority in the House.

European Union (Withdrawal) Bill

Debate between James Heappey and Hilary Benn

Committee: 2nd sitting: House of Commons
Wednesday 15th November 2017 Commons Chamber

[James Heappey (Wells) (Con)]

It is a pleasure to follow the hon. Member for Stretford and Urmston (Kate Green). I am conscious that other Opposition Members still wait to speak, so I will try to keep my remarks quite brief.

New clauses 60 and 66, while I do not support them, demonstrate that there is a real consensus across the Committee about the requirement to maintain EU environmental standards beyond Brexit. Those standards are a good thing and they have done good things for our environment. Colleagues on both sides of the House have been very thoroughly briefed by, among others, Greener UK. I can report that the response to that briefing among Conservative Members was very enthusiastic, as I am sure it was among Opposition Members. The disagreement is not about what we are trying to achieve but exactly how it is to be achieved. There is no doubt that the Bill will not provide the environmental protections that we would wish, but that does not necessarily mean that there is a requirement for amending it.

The Government are already demonstrating great credentials on the environment. I hope that the ban on microbeads, the consultation on single-use plastics and the clear action plan on clean air will reassure colleagues on both sides of the House that the Government have a clear commitment to raising environmental standards in the UK, not just because we are subject to EU laws but because we seek to create the very best environmental conditions for our country. I understand the Opposition’s cynicism and perhaps scepticism and therefore why amending the Bill seems so appealing. In reality, the Secretary of State for Environment, Food and Rural Affairs has indicated that legislation for environmental protection is forthcoming, and I think that that resolves the matter somewhat.

I support keenly the proposal by my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) for a national policy statement, at the suggestion of which the Secretary of State nodded enthusiastically when he was in the Chamber. The NPS will expand on and explain in a UK context the principles committed to in article 191 of the Lisbon treaty, and it will clearly set out the Government’s policy on those matters. It is a good way to proceed, and it arguably provides more than the amendments would do, if we accepted them.

I agree with my right hon. Friend the Member for West Dorset that there must be an independent body to enforce those principles, and I was heartened to see the Secretary of State nodding enthusiastically when my right hon. Friend talked about the need for such an enforcer. Such a statutory body—independent, funded and with teeth—which could to take the Government and others to court, would be most welcome and exactly what we need.

We have gained a great deal from being subject to EU environmental law. It has raised standards and made our beaches, coastlines and rivers far cleaner than they used to be. In my constituency, it was announced yesterday that the bathing water quality in Burnham-on-Sea had again fallen just short of the EU standard. Although some people in my constituency might argue that that is an excuse to leave the EU, abandon those standards and say that they are no longer an issue, I disagree. We should expect to have the cleanest possible beaches. We have been set those standards, and we should seek not only to achieve them but to exceed them.

We should remind ourselves that just because we are leaving the EU it does not mean that we are turning our back on the standards that have led to such environmental improvements while we have been in it. Given the Government’s success in pursuing an exciting environmental agenda right now, we can be enthusiastic—thanks to the national policy statement and the support of a body that will help to hold the Government to account for their delivery of environmental principles—about the fact that we will be able to do far better than the EU standards when we set those standards for ourselves.

[Hilary Benn (Leeds Central) (Lab)]

The hon. Member for Wells (James Heappey) mentioned consensus, and the Prime Minister said in the summer that she sought a greater degree of consensus about Brexit. I gently say to the Government that it would have been helpful if we had seen more signs of that in our debate and consideration so far. It does not help, as we heard yesterday, when a new amendment is tabled and Members who attempt to vote against it are told:

“We will not tolerate attempts from any quarter to use the process of amendments to this Bill…to try to block the democratic wishes of the British people”.

That does not help to create consensus. The front page of The Daily Telegraph does not help to create consensus. After all, MPs are simply seeking to do their job in scrutinising the legislation, and we would not be doing our job if we did not.

I want briefly to refer to new clause 67, the precautionary principle and article 191 of the treaty. The Minister argued that the precautionary principle is carried forward in some of the EU legislation that we are bringing across. That is correct, but it is not a sufficient answer to the argument that article 191 should be included in the illustrative list that is contained in the explanatory notes. If the Government think, and they do, that article 120 of the treaty—it begins:

“Member States shall conduct their economic policies with a view to contributing to the achievement of the objectives of the Union”—

contains directly effective rights that would be converted into domestic law as a result of clause 4, why on earth is article 191 missing from the illustrative list?