Business of the House (Saturday 19 October)

Debate between Mike Wood and Oliver Letwin

Thursday 17th October 2019 Commons Chamber

[Sir Oliver Letwin]

My hon. Friend says that, and I make no allegation that anybody in the House at the moment intends to do so. In any case, doing so would not be in any way dishonourable. It would be a perfectly reputable strategy, but it would not be a strategy to which I or anyone who has put their name to the amendment could subscribe. I hope that, through its vote today, it will be a strategy to which the House will not subscribe.

The purpose of the amendment is simple: it would permit amendments—if selected by you, Mr Speaker— to be moved on Saturday and be voted on. That would enable those Members, such as me, who wish to support, carry through and eventually see the ratification of the deal to allow the Government off the Benn Act hook not on Saturday, but only once the relevant Bill has gone through both Houses of Parliament.

In his otherwise admirable summary, the Leader of the House missed one point. The scope for Members to debate this crucial matter during the 90 minutes will not be limited. That is because it is at your discretion, Mr Speaker, to decide how long to allow for statements and to protect the business for 90 minutes. The House ought to be confident that you will want to do that, Mr Speaker, so I do not think that this is a problem with the amendment.

[Mike Wood (Dudley South) (Con)]

I understand what my right hon. Friend is saying, but those who drafted the Benn Act could easily have required the passing of legislation to implement any agreement, yet they chose not to. They merely said that a motion supporting a deal had to be agreed by Saturday. That is the law, and this is our best chance of complying with that requirement.

[Sir Oliver Letwin]

My hon. Friend makes a perfectly reasonable point. If we were endowed with the gift of foresight and omniscience, no doubt we would have ensured that all possible loopholes were blocked. I observe that the Government’s tax legislation—not just this Government’s, but that of every Government I have come across—is full of loopholes, because even the awesome might of parliamentary counsel and Her Majesty’s Treasury fail to spot things that people might be able to do. As one of those involved in the drafting of the Benn Act, I admit it was an oversight not to do as my hon. Friend describes, and I apologise to the House for that. We must ensure that the process operates in a proper fashion, as intended, and that we get to the point of ratification before there is any question of not having an extension to article 50.

The last point I ever need to make about this otherwise rather dull procedural motion is that the terms of the letter in what is now popularly known as the Benn Act mean—if one reads the second paragraph which, of course, the Leader of the House will have done minutely—that the Government will be applying for a flexible extension that could be curtailed and evidently should come to an end the moment the deal is ratified. Evidently, nobody who is in favour of extension is in favour of an extension beyond the point of ratification. I am perfectly sure that if the letter gets written because this House does not end up letting the Government off the hook of the Benn Act, but does in spirit indicate its willingness to approve the deal, and then votes in favour of the legislation, after which there is ratification, the European Union, when responding to the request in the letter, will ensure that any extension is flexible and that it comes to an end the moment that we are out. I have to say to the Leader of the House that on this he and I will be together, and I shall sigh a great sigh of relief if that occurs.