European Union (Withdrawal) Bill

Debate between Bernard Jenkin and Chuka Umunna

Committee: 7th sitting: House of Commons
Wednesday 13th December 2017 Commons Chamber

[Mr Jenkin]

I think that some people in this House might be trying to delay Brexit, some of whom may be supporting the amendment of my right hon. and learned Friend the Member for Beaconsfield, but I perfectly accept his bona fides and those of my right hon. Friend the Member for Wantage. I simply conclude that there is an opportunity for the discussions to continue. It is not necessary to bring this matter to a vote this evening.

[Chuka Umunna]

I will try to do this in three minutes, and I have three principal points. I do not want to speak for long because the points I will make in support of amendment 7 and new clause 3 have already been made very well by the right hon. and learned Members for Rushcliffe (Mr Clarke) and for Beaconsfield (Mr Grieve), my right hon. Friends the Members for Normanton, Pontefract and Castleford (Yvette Cooper) and for Leeds Central (Hilary Benn), and others.

My first point is that if taking back control does not mean passing amendment 7, I do not know what does. We were told that we were leaving the European Union to reassert parliamentary sovereignty, and it seems to me that that is exactly what amendment 7 would do. Clearly, the Government are refusing to accept it. We have heard nothing from the Dispatch Box that suggests that they are prepared to concede on this, forcing the right hon. and learned Member for Beaconsfield to press the amendment to a vote. That brings me to my second point.

The right hon. and learned Gentleman and others who are supporting his amendment have been attacked, as he mentioned earlier, not just in this place, but beyond. They have been called mutineers and saboteurs, and have faced all the rest of the abuse. Ministers and other Tory Members of Parliament in particular who have been attacking them have absolutely no right whatever to do so because the reason that the right hon. and learned Gentleman tabled his amendment was that he felt that it was in the national interest.

Now, the Brexit Secretary has voted against his party over 90 times. The International Trade Secretary has done so 19 times; the International Development Secretary, five times; and the Leader of the House, who was here earlier, seven times. Actually, look around the Government Benches. The right hon. Member for Wokingham (John Redwood) has voted against his party 73 times; the hon. Member for Basildon and Billericay (Mr Baron), 64 times; the hon. Member for Harwich and North Essex (Mr Jenkin), 95 times; and we cannot, of course, forget the hon. Member for Stone (Sir William Cash), who has voted against his party more than 100 times. So none of these people can now lecture people who are seeking to do the right thing in the national interest on this amendment. None of them can lecture people about rebelling on this or any other matter.

European Union (Withdrawal) Bill

Debate between Bernard Jenkin and Chuka Umunna

Thursday 7th September 2017 Commons Chamber

[Chuka Umunna (Streatham) (Lab)]

I do not want to repeat many of the excellent points made from the shadow Front Bench and elsewhere, but I do want to make one observation and two points—one legal and technical on clause 6, and one that is more substantial on clause 9.

First, I want to make an observation. I am sorry, but I disagree with the hon. Member for Newark (Robert Jenrick), who has just spoken: what is proposed in this Bill is unprecedented, as we see from the reaction on both sides of the House.

There is an absurdity in this debate. I spent much of the time during the EU referendum debating against Conservative Members campaigning to leave. More often than not, the core of their argument was about a Brussels elite exercising power, yet I have sat in the Chamber for most of today and listened to them become arch-advocates of transferring power to another elite in this country.

It is a shame that the right hon. Member for Chingford and Woodford Green (Mr Duncan Smith) is no longer in the Chamber. He talked about his participation in the Maastricht debates of the 1990s, and the hon. Members for Harwich and North Essex (Mr Jenkin) and for Stone (Sir William Cash) were also involved. The Prime Minister of the time had a word to describe them all, which I will not repeat today. They were constantly invoking parliamentary sovereignty and the importance of this House determining the future of our nation. It is funny how silent they are on upholding that argument now, and have been over the last few hours of this debate.

Let us be honest about the reason for this and for the absurdity of their position in this debate: they promised Brexit in terms that simply cannot be delivered in the timeframe the Government envisage. That is why we see these unprecedented, extraordinary powers envisaged in this Bill for the Executive. It is entirely right for us to keep reminding people of what the promises were and whether they are being delivered.

My technical point on clause 6—

[Mr Jenkin]

Will the hon. Gentleman give way?

[Chuka Umunna]

I will not give way, I am afraid, because of the time. [Interruption.] The hon. Gentleman says he is not silent; he is certainly not silent.

The Secretary of State today said that the Government wish the transitional arrangements to be as close as possible to the existing arrangements. The EU27 are really only going to entertain membership of the single market and a form of customs union, if that is what the Secretary of State means, but they will also expect the rules on the transitional arrangements to be uniform and similar to those we have at present. The problem with clause 6 as drafted is that it does not give a clear enough instruction that after the exit date the judiciary should interpret UK law in a way that complies with EU law. The Institute for Government states that the ambiguity on this point risks leaving judges stranded on the frontline of a fierce political battle. I can say, as someone who practised as a lawyer for the best part of a decade before coming here, that that must be addressed.

The Bill cannot be allowed to come into force unless this House has approved the deal that is envisaged. The Bill does not state whether any withdrawal agreement will need the consent of both Houses before the powers can be used. The Government have said that we will get a vote on a final deal, but that does not appear to be within the Bill. Rather, it will take place by means of a motion, which would of course not be legally binding. So we have a promise of a vote, but it will have no teeth. That will deprive this House of its proper say not only on the withdrawal agreement but on a situation that the Prime Minister has described in which an affirmative decision could be made to walk away without any deal at all. We are somehow supposed to be passive spectators in that situation. It must be written on the face of the Bill that Parliament will have a part to play in all those scenarios, and that no powers in the Bill will be exercised until Parliament has had its say through a debate written in statute. We have been given many guarantees and assurances by those on the Government Front Bench, but these measures have to be put on the face of the Bill. We are asking for these assurances and scrutinising the Bill in the national interest, and we are entitled to do so without our motives being questioned.