All 3 Debates between Lord Field of Birkenhead and Hilary Benn

Wed 4th Sep 2019
Tue 14th Nov 2017
European Union (Withdrawal) Bill
Commons Chamber

Committee: 1st sitting: House of Commons

European Union (Withdrawal) (No. 6) Bill

Debate between Lord Field of Birkenhead and Hilary Benn
Hilary Benn Portrait Hilary Benn
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I do not know where these sector deals are. My concern, and the reason for this Bill and the support I hope it will enjoy in the House today, is that the Prime Minister has made it absolutely clear that he is prepared to leave on 31 October without a deal. Those who I hope will support the Bill today do not wish that to happen.

Lord Field of Birkenhead Portrait Frank Field (Birkenhead) (Ind)
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Does my right hon. Friend agree that these debates have been going on for long periods and many of us have tried to learn lessons from them, and that in that process people have changed their mind or the order of importance they give to things in respect of preventing a no-deal Brexit? One of the amendments today seeks to give people another look at what we might call the “May plus” proposal. Some people turned that down at the time but feel that if they had had then the experience that they have now they might have voted differently. Given all the rush that there, necessarily, has been, has he had the chance to look at that amendment tabled by my hon. Friend the Member for Aberavon (Stephen Kinnock), which now has quite a large amount of support? Can we have another look at that as an alternative to a hard Brexit?

Hilary Benn Portrait Hilary Benn
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I have not had a chance to read the final version, and it will be tabled with the Clerks during this Second Reading debate, but I am aware of the intention of the amendment and I completely understand what my hon. Friends are trying to achieve. We cannot continue to delay taking a decision, and I shall come back to that point later in my speech. I will, of course, also listen to the debate that follows in Committee. I would just say that the Bill is deliberately open as to the purpose of the extension; it provides a framework for reporting and debate. As I have just pointed out, it is supported by right hon. and hon. Members who have already voted for a deal and would vote for one again. It is important that we focus on the principal purpose, which is to prevent a no-deal Brexit, and keep the coalition that shares that view together. I will have more to say about that—

European Union (Withdrawal) Act

Debate between Lord Field of Birkenhead and Hilary Benn
Tuesday 15th January 2019

(5 years, 10 months ago)

Commons Chamber
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Hilary Benn Portrait Hilary Benn
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I would give way, but time is very short and many other Members want to speak.

The reason the Prime Minister has got into such difficulty is that, as we will discover tonight, the House of Commons will not agree a deal because of fear, uncertainty and doubt: fear that we will be locked permanently into a backstop; uncertainty about entering into a process where we will be in an even weaker position than we have been in over the past two and a half years; and doubt about where this will all end up, in an age, as the Father of the House, the right hon. and learned Member for Rushcliffe (Mr Clarke), so eloquently put it, when it is the quality of the alliances you have that determines the ability to influence what happens in the world in the interests of the people we represent.

Faced with this set of circumstances, what would be the rational thing to do? It would be to seek to remove that fear, that uncertainty and that doubt, and to say to the European Union “Look, the only way we are going to get a deal is not by another exchange of letters or asking for another assurance, but by moving on to negotiate the future relationship now, so that everyone can see at the end of the process what it would involve before we formally leave.” I understand the legal position that in law the European Union cannot sign such an agreement, as the Attorney General pointed out, until the United Kingdom has ceased to be a member state, but it has a choice about its negotiating mandate and we all understand why the EU chose to structure the negotiations in the way that it did: because far from holding all the cards, we have, as the last two and a half years have demonstrated, held hardly any cards at all. But if we were able to negotiate more detail on the future relationship, which I recognise would be very challenging for the EU—and also for the Government, because they would finally have to confront the choices they have been steadfastly avoiding for the last two and a half years—at the end of that process we would know where we stood on the backstop and on the nature of the future relationship.

To do that we would have to extend article 50. If we want to reassure people—we may confront this choice at some point—that extending, or maybe revoking, article 50 is not a device for the House of Commons to overturn the referendum result in 2016, the House of Commons could say to the people, “Don’t worry, whatever the result is of this process we will put it back to you, so you take the final decision.” If we could undertake those negotiations while still a member, from the EU’s point of view, it would not really make any difference at all: we would still be paying the money—we are going to do that under the transition; we would still be accepting the rules of the ECJ—we are going to do that under the transition; we would still be a member of the single market and the customs union—we are going to be under the transition; and we would still be accepting free movement, which we are going to do under the transition.

I acknowledge that that would be difficult, but it would be the sensible thing to do and who knows where the EU will be in two or three years’ time, which we all know is how long these negotiations will take to complete. Indeed, if the EU were to say to other countries, not just to the UK, “You’re not going to get what you want if you leave, but if you remain then there is the possibility of reform,” that would be the kind of leadership that the EU could potentially offer. I do not know whether there is the strategic vision in the EU to do that, but it should provide it because the forces present in Britain are present in all of its member states and reform, including on free movement, would be in their interests as well as in ours.

If this is not possible, and if the Government will not reach out, then we as Parliament must take responsibility. That would not be us subverting democracy in any way; it would be us doing our job—it would be taking back control. The draft Bill I referred to earlier, and which I support, will give us the means to do so. It proposes to ask the Liaison Committee to take a role. It could be amended to give that responsibility elsewhere—

Lord Field of Birkenhead Portrait Frank Field
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Will my right hon. Friend give way on that issue?

European Union (Withdrawal) Bill

Debate between Lord Field of Birkenhead and Hilary Benn
Lord Field of Birkenhead Portrait Frank Field
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So do I.

I think new clause 49 should be the start of a new negotiating position. Mr Barnier has told us that we have to put our money on the table and get serious within two weeks, and I think we should jump at this opportunity. In two weeks’ time, the Government should lay the outline of our agreement. I believe they should say over which decades they are prepared to meet our commitments, and at the end of the two weeks, we should say that at that point we will cease to pay any contributions to the European Union. I want the balance of power to move swiftly from their boot to our boot. From that date, two weeks hence, at the invitation of Mr Barnier, we should say, “Fine. Here’s the outline of the agreement. Here’s the beginning of the money settlement”—paid over a period of time, because there are pensions contributions and so on—“but from this day, until you start seriously negotiating with us”, which they have not, “there will in fact be no more money.”

It is wrong to think that all the £17 billion a year will be coming back to us. The £5 billion that Mrs Thatcher negotiated from the unfair formula is already coming back to us. That was watered down—by whom I will not say, but there is only so much one can say from the Labour Benches—but, nevertheless, £5 billion is coming back. There is also £4 billion coming back to promote anti-poverty programmes in this country. I wish to tell the Committee that I applied for money from those funds to feed people who are hungry and may be starving, but what did Mr Barnier and his group do? Nothing. We supposedly have huge sums of money coming back—spent at their direction—but that does not actually feed people who are hungry.

I want to end by saying that I shall push the new clause to a Division for a number of reasons. One is that it always seems to me better to gain an advantage when one can, rather than later: a bird in the hand is worth two in the bush. The Government are introducing their own timetable, as set by the European bureaucrats— whoever they are—instructing us when we might take leave of them, but I think we should decide today to leave on our terms and at a time of our choosing.

As I have said, the new clause should not be read in isolation, because it and the other three new clauses provide us with an alternative way of exiting without all the claptrap the Government have put in the Bill. I believe that, before the end of the negotiations, something like such a four-clause Bill will be adopted.

On the first and civilised intervention—the point of order—about timing, it is perhaps a fallacy to think of terms for oneself applying to terms for the nation, but I have never bought a house without having in the contract the date when it will be mine and on which I can actually move in. When I was elected to the House of Commons I knew that I would have a contract of up to five years, and I have never had a job without being given a starting date.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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My right hon. Friend’s analogy about buying a house falls down at the first hurdle, because nobody commits to a date to buy a house before they know what it is they are buying. My substantive point, however, is about the fatal weakness of his proposal, even though, as always, I respect the way in which he argues his case. When the Secretary of State appeared before the Select Committee, he told us that it is possible that the negotiations may go to the 59th minute of the 11th hour. That is undoubtedly possible. In those circumstances, does it really make sense to bind the hands of the country and those who are negotiating on its behalf to get the best possible deal, which is also the weakness of the Government’s own amendment 381?

Lord Field of Birkenhead Portrait Frank Field
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As my right hon. Friend was kind to me about the house analogy, I say that I have always bought my houses, never inherited them. [Interruption.]

Hilary Benn Portrait Hilary Benn
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I bought mine too!

Lord Field of Birkenhead Portrait Frank Field
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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.