European Union (Withdrawal) (No. 6) Bill

Caroline Johnson Excerpts

2nd reading: House of Commons
Wednesday 4th September 2019 Commons Chamber

[Hilary Benn]

They absolutely do.

Having now, in a sense, concluded a discussion and reflection on the economic and other consequences of no deal, I want to turn to what the Bill actually does. It intends to stop this happening by seeking an extension to article 50 in certain very specific circumstances.

It is very important to understand that the Bill allows the Prime Minister the opportunity to reach a new agreement with the European Union at the European Council and to seek Parliament’s consent to any such agreement. That is condition No. 1. It also allows the Government to bring a motion to the House of Commons to seek our consent for leaving without a deal—for example, if discussions at the European Council prove unsuccessful. I think that the Government would find it rather difficult to get such a motion through the House of Commons, but the Bill allows them to seek to do that. Clause 1 specifically provides for both those eventualities, and if either of the conditions is met there can be no further extension. If, however, neither of those conditions has been met by 19 October, which was chosen very deliberately as it is the day after the conclusion of the European Council, the Prime Minister must ask the EU for a further extension until 31 January 2020 in the form of the letter set out in the schedule to the Bill.

Clause 3 deals with what happens next. If the European Council accedes to that request, the Prime Minister must agree to it. If, however, the Council proposes an extension to a different date, the Prime Minister must agree to that as well, unless the House of Commons decides not to pass a motion agreeing to it. That is what clause 3(3) does.

It has been wrongly claimed in some commentaries that the EU could propose an extension of any length—six months, 20 years, a millennium—and the Prime Minister would be required to accept it, but that is not so. In those circumstances, the House could decide. Furthermore, if a deal is reached after the Prime Minister has asked for an extension, that would override any extension, so it also allows him, if he can, to reach a deal after the European Council concludes on 18 October.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

rose—

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

rose—

--- Later in debate ---

[Hilary Benn]

If the Bill is passed, the House of Commons will pass it in the knowledge that it is seeking in the circumstances set out an extension to 31 January. If, however, the European Union proposes a different date, it seems to be only right and proper that the Prime Minister should be able to say, either, “Yes, that is fine by me,” or, “I will need to go back and check.” I agree with the hon Gentleman that, of course, we cannot bind the European Union in the way it seeks to work, but it is not at all unusual for member states to say, “Well, we will need to go back and check with our Parliament.” I am certain, given the importance of this issue, that the European Union would be able to find another procedure, which might not involve the European Council meeting again, to confirm the decision it made in making the offer in the first place.

The second point is that the two days is intended precisely to give the Prime Minister the chance to come back to the House in those circumstances.

[Dr Johnson]

I thank the right hon. Gentleman for giving way. My reading of this Bill is that it does not stop no deal—it postpones it potentially for three months—but it does make it virtually impossible for our Prime Minister to negotiate. Therefore, it is a political Bill, which, sadly, some on our Benches have supported. What it does is tell the European Union that, if it does not choose to negotiate and it does not choose to give us a better deal, it has the opportunity to offer us an extension of whatever it wants this House to take.

[Hilary Benn]

I have dealt with that last point—an extension of whatever length. There is a means by which the Government can ask the House not to approve that, and then the House would have to make a decision in the light of what had been offered by the European Union. I do not accept the hon. Lady’s central premise that this somehow undermines the Prime Minister’s negotiating ability.

[Dr Johnson]

rose—

[Hilary Benn]

I am responding to the hon. Lady if she just bears with me. I do not regard the threat of a no-deal Brexit as part of a credible negotiating strategy.

[Dr Johnson]

rose—

[Hilary Benn]

Will the hon. Lady bear with me? The previous Prime Minister spent nearly two years saying that no deal is better than a bad deal and it did not seem to work then, and I do not think it will work now.

[Dr Johnson]

rose—

[Hilary Benn]

I will give way one more time.

[Dr Johnson]

If I am correct, it would mean that if the European Union offered us a 10-year extension, as the right hon. Gentleman has suggested, the choice for this House would be a 10-year extension or the no deal he so wishes to avoid.

[Hilary Benn]

No, that is not the case. In those circumstances, the House could decide to ask the Prime Minister to go back. The central point is that it gives the House of Commons the ability to express a view, but if the extension was to 31 January we would have already decided that we were prepared to accept that. Therefore, it is only if the Prime Minister does not get a deal that the Bill prevents him from taking us out of the EU without an agreement.