European Union (Withdrawal) Bill Debate

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Department: Ministry of Justice
Lord Field of Birkenhead Portrait Frank Field
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Clearly, my suggestion is proving shocking to my right hon. and hon. Friends, but it will be a test of whether we are intent on the best possible terms, whether we have a clear position and whether we are putting our country first.

Alison McGovern Portrait Alison McGovern (Wirral South) (Lab)
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I thank my right hon. Friend and neighbour for giving way. Does he agree that the reason why we ought to have such cross-party co-operation is that this issue is not funny or a joke; it is about the future of our country? That is why we should listen to everyone in this place, and not just act in the narrow interests of the Tory party.

Lord Field of Birkenhead Portrait Frank Field
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I think my hon. Friend ended her sentence rather early. I think she meant to say that we should try, difficult as it is, to put aside partial affections and concentrate on the national issue.

--- Later in debate ---
Steve Baker Portrait Mr Baker
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As I said, I would like to make some progress.

The Government have, however, listened carefully to the debate about the setting of exit day for the statutory purposes of the Bill. There has been some uncertainty about whether the exit day appointed in the Bill would correspond to the day the UK leaves the EU at the end of the article 50 process. The Government sympathise with this uncertainty. This is also an issue on which the Lords Constitution Committee opined in its report in September. It stated:

“We are concerned that the power to define ‘exit day’—a matter that is pivotal to the operation of the Bill—is unduly broad in its scope and flexibility, and that it is not subject to any parliamentary scrutiny procedure.”

Such concerns were further voiced by the hon. Members for Feltham and Heston (Seema Malhotra), for Cardiff South and Penarth (Stephen Doughty) and for Wakefield (Mary Creagh) on Second Reading, not least regarding the breadth of the power potentially to set numerous exit days. In fact, there has been a notable disconnect, as we perhaps saw earlier, between Labour Front and Back Benchers on this issue. While several of its Back Benchers have submitted amendments and raised concerns about exit day, its Front-Bench team seem to have refused to acknowledge the need to establish clarity.

We would like to put this issue to rest. We recognise the importance of being crystal clear on the setting of exit day and are keen to provide the certainty that the right hon. Member for Birkenhead and others are seeking. In the light of this, the Government have tabled amendment 381 to clause 14, along with the consequential amendments 382 and 383, which will set exit day at 11 pm on 29 March 2019. Of course, this is slightly different to his amendment, in that it sets a time as well as a date for exit.

Alison McGovern Portrait Alison McGovern
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I am sorry that the Minister is not feeling well, but does he understand how impossible it is for me to explain to my constituents that they can have certainty about nothing in relation to Brexit as the Government plan it, except, according to him, the date when it will happen?

Steve Baker Portrait Mr Baker
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I forget for the moment whether the hon. Lady voted for the triggering of article 50, but the House did trigger article 50, and the process is quite clear: two years after that, we leave the European Union.