European Union (Withdrawal) (No. 5) Bill

Bernard Jenkin Excerpts

Monday 8th April 2019 Commons Chamber

[Yvette Cooper]

Some people criticised the Bill, but the vast majority of the Lords supported the Bill, which is why we have it back before us now. Parliament has shown in both the Commons and the Lords that it is capable of responding to the gravity and the urgency of the challenge that our country faces and the very immediate risks to jobs, public services and families across the country if we drift. None of us could have imagined that we would be in this situation in the first place. These are unprecedented circumstances, but they should also serve as no precedent for the future when, as we all hope, normality might be restored.

I particularly thank Lord Robertson and Lord Rooker, who sponsored the Bill in the Lords, the Government and Opposition Front Benchers and Cross Benchers, who engaged in thoughtful discussion about these amendments, and the right hon. Member for West Dorset (Sir Oliver Letwin), who did considerable work to ensure that the amendments would be effective. I said to the Minister, when we were discussing this in Committee, that we were keen to ensure that there was legal clarity for the Prime Minister as she went into the negotiations in the EU Council, and that she would be able to take sensible decisions in the national interest without having to come back to this House in the middle of negotiations—clearly, that would not be in the national interest. I welcome the work that has been done together to ensure that that clarity applies and that the Prime Minister can take those discussions forward.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

Will the right hon. Lady give way?

[Yvette Cooper]

I will give way just one more time.

[Sir Bernard Jenkin]

Given that the Bill still says only that the Prime Minister must “seek an extension”, how does this oblige her to accept an extension, or can she refuse one?

[Yvette Cooper]

The Bill makes it clear that the Prime Minister will be mandated to seek the extension in accordance with the motion that we hope will be tabled tomorrow. As a result of the amendment that has been tabled, it also allows the Prime Minister to seek further extensions and to accept extensions, subject to their not ending earlier than 22 May.

Lords amendments 1 and 2 ensure that a delay past midnight tonight will not prevent debate on the motion tomorrow. Lords amendment 3 allows Ministers other than the Prime Minister to table the motion. I think it sensible to ensure that the debate does not disrupt any negotiations with other Governments in which the Prime Minister will need to engage tomorrow. Lords amendments 4 and 5 ensure that the Prime Minister has that flexibility in the negotiations.

--- Later in debate ---

[Hilary Benn (Leeds Central) (Lab)]

First, I should like to say to the hon. Member for Stone (Sir William Cash) that the reason we are debating this Bill again tonight is that the House of Commons has approved it and the other place has approved it with amendments. If that is a constitutional revolution, it is a constitutional revolution courtesy of the democratic will of this House and the other place. Secondly, on the subject of the European elections, the Government have made it quite clear to the House that if we are still a member of the European Union on 23 May, those elections will take place. Indeed, the Government have moved the order that will start the process and I understand that the Conservative party has started the process of calling for candidates to stand in those elections.

I rise to support my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) and the right hon. Member for West Dorset (Sir Oliver Letwin) and to thank them, because the Bill has helped us get to the place, subject to the decision of the European Council on Wednesday, where the will of the House to oppose leaving the European Union without an agreement will finally be given effect. The House needs to remember that the Bill has one purpose, and one purpose only: it is a “prevention of a no-deal Brexit” Bill. If the House gives its approval to it shortly, it will become a “prevention of a no-deal Brexit” Act.

[Sir Bernard Jenkin]

Can the right hon. Gentleman just read out the text of the Bill that will oblige the Prime Minister to accept an extension when she attends the Council of Ministers?

[Hilary Benn]

The Prime Minister will accept an extension because she has asked for one. It is the existence of this Bill that has led her, in advance of the Bill being approved by the House, to write to the President of the European Council seeking an extension, because twice, much to the unhappiness of certain Members on the Government side of the House, she has been faced with this choice: either to take the country over the edge of a no-deal cliff, or to apply for an extension.

The reason I think some Members are very cross about that—I accept that they are cross—is that on both occasions the Prime Minister, facing both this Bill and a revolt by her Ministers, decided to act in the national interest by making that application. I hope very much that on Wednesday the European Council will grant more time, because whatever one thinks about the Prime Minister’s deal, one thing is clear: a no-deal Brexit would be disastrous for our country. That is why I hope the House will vote for the Bill tonight.

[Mr Steve Baker (Wycombe) (Con)]

May I begin by saying how pleased I was to learn, when my hon. Friend the Member for Stone (Sir William Cash) mentioned the European Union (Notification of Withdrawal) Act 2017, that so many Opposition Members voted for that Act on the basis that they took on trust the success of a Conservative Prime Minister? I am pleased that they have so much confidence in us. When they voted for that Act, they either did or did not know the terms of article 50. If they did know the terms, then they voted to leave the European Union potentially without a withdrawal agreement; and if they did not, then clearly they were ignorant of one of the most important matters of the moment. Perhaps instead they were just voting for short-term political expediency. In any event, it is not very credible for Members now to be panicking and seeking to overturn what they previously legislated for, with great care and over a considerable period of time.

I turn my attention to Lords amendment 5, which I find rather surprising, because it seeks to restore the prerogative to the Government, provided they seek a long extension. Of course, this House resoundingly defeated the Government on that very point. I am therefore very pleased that my hon. Friend the Member for Stone has tabled amendment (a) in lieu of Lords amendment 5, to rule out European elections. It states:

“No extension of the period under Article 50(3) of the Treaty on European Union may be agreed by the Prime Minister if as a result the United Kingdom would be required to prepare for or to hold elections to the European Parliament.”

This House united around what was known as the Brady amendment, to replace the backstop with alternative arrangements. I cannot think how many times I and other Members have tabled the so-called Malthouse compromise, to limit the implementation period, replace the backstop and, in the latest incarnation, get rid of the single customs territory. We have tried and tried to give the Government the way to get a deal.

[Sir Bernard Jenkin]

I am listening carefully to what my hon. Friend says about amendment (a) in lieu of Lords amendment 5. Let us be absolutely clear. Is he saying that anyone who votes against amendment (a) will actually be voting for the United Kingdom to take part in the European elections, despite the fact that nearly every Member of this House voted for us to leave long before that date? It is a big reverse, is it not?

[Mr Baker]

It is a big reverse. Do Opposition Members seriously think that we should participate in the European elections after so long? It is a ridiculous escapade. Members should have known what they were doing when they voted to trigger article 50—[Interruption.] I see the right hon. Gentleman the Chair of the Exiting the European Union Committee looking quizzical and shaking his head, or perhaps nodding along.

--- Later in debate ---

[Mr Walker]

Yes, I say to the right hon. Lady that it would have to be.

Lords amendment 5, tabled in the name of Cross-Bench peer the noble Lord Pannick, reinstates the form of a previous amendment that I proposed in this House, and which was opposed by the backers of the Bill. It seeks to retain the royal prerogative, which gives the Prime Minister, as a matter of constitutional principle, the discretion to decide what is the best agreement to reach on behalf of Her Majesty’s Government. It is a pillar of our constitution, and the means to govern this country effectively and unencumbered.

Lords amendment 5 adds a proviso that any extension agreed should not end earlier than 22 May. Of course, the Government have already been clear that we are seeking an extension to 30 June, so that is no threat to the prerogative power. I spoke in support of the prerogative power in Committee, and the noble Lord Howard and the noble Lord Cormack were united in speaking in its support in the other place. As Member for the Faithful City, I am happy to continue to speak in its support.

While I have great sympathy for amendment (a) to Lords amendment 5, tabled by my hon. Friends the Members for Stone (Sir William Cash) and for Wycombe (Mr Baker)—I entirely agree with the sentiment—the Government have already set out our desire for an extension to 30 June to allow the maximum time to secure an orderly exit from the European Union.

[Sir Bernard Jenkin]

Will the Minister give way?

[Mr Walker]

I am afraid that I cannot give way because I am going to run out of time. I apologise to my hon. Friend.

We cannot support this amendment (a), but the Government have also been clear that it is our firm desire to secure an agreement and leave the EU by 22 May to ensure that we do not need to hold European elections. In voting for the withdrawal agreement at the last opportunity, I and the vast majority of Government Members voted to do so. Despite our continued opposition to the Bill, its irrelevance and the speed of its passage in haste, we are left with no choice but to improve it, so I support the amendments before the House that were passed in the other place.