(5 years, 1 month ago)
Commons ChamberI do not know how many times I have stood at this Dispatch Box pressing amendments for a permanent customs union and single market alignment, and for a level playing field on workplace rights, environmental rights and consumer rights. Every time I have done so, all but a handful of Conservative Members have promptly gone into the opposite Lobby to me to vote against. We have now reached a point—[Interruption.] I was asked a question, so I am just going to complete the answer. The five propositions around which we could see a deal emerging were set out in the detailed letter from the Leader of the Opposition to the then Prime Minister just before the cross-party talks started, so it may well be that people disagree with what that deal should look like but the idea that we have not set it out is not a fair one. Having got this far, having had two and a half years of failed deals and division, the only way now to break the impasse is to put whatever the deal is back to the public so that they can make a simple decision: do we want to leave on the terms on offer or would we not rather remain and break the impasse? I do not think this House is going to be capable of breaking the impasse without it.
In the spirit of positivity, I wish to probe the right hon. and learned Gentleman slightly further on the point he has just made. Is his position now that he would accept some of the level playing field points that were made in the cross-party talks if they were in the political declaration or is that no longer the Labour party position? Is he committed to a second referendum in all circumstances?
At this stage, any deal that comes back from this Government ought to be put back to the public for them to decide whether those are the terms they want to leave on or not. I came to that position slowly, because I thought that if consensus was built over the two to three years since the referendum, there might have been a deal we could agree, along the lines I have suggested. But that consensus was not built, time has gone by, the deal has not gone through and now we are in a position where we cannot break the impasse without going back to ask that question. I hope that question is asked on the basis of the “best deal” that could be negotiated, by which I mean the one that does least harm to the economy and best protects the Good Friday agreement. Those are two extremely important red lines as far as I am concerned.
(5 years, 8 months ago)
Commons ChamberWe wait to see what further advice the Attorney General gives, if any. I have to say, however, that the suggested nuclear option of crashing the treaty completely—bringing down citizens’ rights, the financial arrangements, the customs arrangements, the trading arrangements and so on—as the way forward came as rather a surprise. That is the reason I thought the Attorney General left it out of the advice he gave last week. To burn the whole house down to try to suspend or stop the backstop is so extreme that I would be extremely surprised if the Government rest their case next week on that basis.
I have no idea what the Attorney General is going to say next week, but I say politely to the right hon. and learned Gentleman that in paragraph 19 he clearly makes reference to a fundamental change of circumstances. That would indicate to me that article 62 was in his mind.
I accept that, and it is there in that paragraph. What I am saying is this: it is a nuclear option to crash a whole treaty, including everything in it. That has consequences in international law. If you crash a treaty, you can be taken to court and challenged on it. Everything would be crashed. All the citizens’ rights that have been agreed—crashed; all the trading arrangements—crashed; the transition period—crashed. Are we really suggesting that that is the credible basis for a further meaningful vote?
The problem with the argument is that as far as the Government are concerned the mere fact that it was available last time we voted does not appear to inhibit them from saying that it is a change of circumstances.
I did say very clearly that I have no idea what is in the Attorney General’s mind at this moment, but that it seemed to me that the use of those words meant that he had at least considered article 62. He may of course wish to develop that argument much further and I look forward to hearing from him.
(6 years ago)
Commons ChamberI would rather just finish, if I may.
I am very concerned about the wording of the motion, which is why I hope so much that we will be able to reach a consensus this afternoon. It is very broadly drafted. It refers to
“any legal advice in full, including that provided by the Attorney General”.
Let me deal with that point. As with the impact assessments, if legal advice were provided in the way that I set out earlier, the question would arise of whether the order, or the Humble Address, had been complied with. In addressing that question, of course anyone judging whether it had been complied with would take into account what had been said at the Dispatch Box, in exactly the same way as happened with the impact assessments. When those were provided, the question arose of whether there had been compliance with what had been asked for, and that was answered by reference to what had been said at the Dispatch Boxes about what was really being asked for. What I have said is important, because it will be me standing here having to make the case that the order has not been complied with. I could hardly stand here and complain about the provision of exactly what I had asked for.
That is extremely helpful. I wonder whether the shadow Secretary of State will go one step further, and make it clear that he would like to import into the motion the point that he made about the information being supplied just to Members of Parliament, rather than laid before Parliament generally.
I have put on the record—three times, I think—that that is what I want and that is what we are seeking, and I absolutely stand by that. Not only could I not properly make the argument if that were the arrangement; I would not do so.
I apologise for that slightly unusual exchange, Madam Deputy Speaker.