European Union (Withdrawal) Act 2018

Debate between Lord Clarke of Nottingham and Lord Field of Birkenhead

Tuesday 29th January 2019 Commons Chamber

[Mr Kenneth Clarke (Rushcliffe) (Con)]

None of us taking part in this debate is in any doubt that we are actually discussing an almost unique political crisis—one of a kind that has not happened for very many years. The crisis takes two forms: one is that we are trying to break a political deadlock over exactly what changes we will make to the great bulk of our political, security, intelligence, crime-fighting, trade and investment, and environmental relationships with the rest of the world, having turned away from the ones that we have put together over the past 47 years; the second is that we are also facing a constitutional crisis over the credibility of the Government and Parliament in their ability to resolve these matters. I rather agree with what the right hon. Member for Birkenhead (Frank Field) said. I enjoy as much as any veteran parliamentarian the rowdiness of the House of Commons; it is a way of testing the arguments. However, we should also be aware that, at the moment, the public are looking on our political system with something rather near to contempt, as it seems to them that neither the Government nor the political parties, parliamentarians and politicians in general seem able to resolve a question that was first raised by a referendum. Referendums are designed by those who support them to bypass parliamentary decision making, parliamentary majorities and political parties deciding things. We really do need to settle down, and, perhaps if the Government get their way, we can do that in the next few weeks. We have fewer than 60 days to decide how we will come to conclusions about the way forward.

I want to concentrate on just a few issues. I have put forward most of my views on these amendments in the many debates that we have had already, and many other people want to speak. I suspect that a high proportion of this House can guess which way I will vote on the amendments that Mr Speaker has chosen. Probably far too many of them have had to listen to my arguments. To take some encouragement from this debate—

[Frank Field]

Will the right hon. and learned Gentleman give way?

[Mr Clarke]

I will in a second.

I wish to take up this question of the relationship between Parliament and the Government, because I took some encouragement from my right hon. Friend the Prime Minister, who did seem to accept that the Government should give opportunities to the House to debate things that each Member regards as key matters of policy. Under our constitution, the Government have to pay regard to the views expressed by this House.

--- Later in debate ---

[Frank Field]

I am very grateful to the right hon. and learned Gentleman for giving way. He and I tabled an amendment that was not called. It was to give this House the chance to vote on the various options. The Prime Minister, when she was speaking, talked of taking other amendments away and working on them with the hope of bringing them back to act upon. Might I, through this intervention, ask him to push on his own side that she does precisely that with our amendment?

[Mr Clarke]

Well, unless I take too long, I hope to touch on the arguments behind the right hon. Gentleman’s excellent amendment, because that is one of the things that we should do in one way or another over the next few weeks.

European Union (Withdrawal) Bill

Debate between Lord Clarke of Nottingham and Lord Field of Birkenhead

Committee: 1st sitting: House of Commons
Tuesday 14th November 2017 Commons Chamber

[Frank Field]

I have been corrected and I withdraw my comment, but the idea that the biggest decisions of our lives, such as that to buy a house, are the ones that we take the most time over is not borne out by any research whatsoever. I do seriously apologise to my right hon. Friend.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

The right hon. Gentleman has been a political ally of mine in previous cross-party arrangements, but not on this occasion. He has dodged answering the perfectly serious point that the right hon. Member for Leeds Central (Hilary Benn) just put to him. As things stand, article 50 will take effect in March 2019 and we will leave. Anything in the Bill is superfluous to that. A problem could arise only if—and this is possible—28 member states all agree that they are near to a conclusion but that they require a few more days or weeks to settle it. Once we are going they will not want us to stay in much longer, because they will not want us around for the European Parliament elections. However, it would be utterly foolish if 28 Governments all agreed to extend the process and the British representative had to say, “But we’ve put into British law a timing that says, to the second, when we are actually leaving.” That seems to me a rather serious flaw in the proposed new clause.

[Frank Field]

The right hon. and learned Gentleman is such a good lawyer, but I wish he had read my new clause, because it notes the day rather than the minute that we will leave. Despite all the encouragement from Members behind me, I was so anxious to withdraw what I said about my right hon. Friend the Member for Leeds Central (Hilary Benn) that I forgot to address his substantive point, and the right hon. and learned Gentleman has reminded me to do so. If we look over our whole history in Europe, we will see that the idea that we finish any negotiations other than at the very last minute is almost unheard of. By including the time, we will be saying, “You will have to begin your shenanigans the month before rather than the month after.”

In conclusion, I am grateful for being allowed to move the second reading of this new clause, to remind people that it is part of a short exit Bill.