Sittings of the House (29 March)

Chris Bryant Excerpts

Thursday 28th March 2019 Commons Chamber

[The Leader of the House of Commons (Andrea Leadsom)]

I beg to move,

That this House shall sit on Friday 29 March 2019.

May I start by saying that I recognise that changes to the sittings of the House agreed at short notice can create inconvenience to Members and their constituents? I know how important constituency work is to all of us, and I regret not being able to give more notice. I do, however, believe that all of our constituents expect the House to continue to make progress at this crucial time. To be of assistance to the House, I can again confirm that, should the House agree to this motion, it is intended that the sitting hours tomorrow will be the same as for a normal sitting Friday, with the House sitting from 9.30 am and the moment of interruption at 2.30 pm. Should any urgent questions be allowed, these would take place from 11 am and the debate would resume following those urgent questions in the usual way. As I said earlier today in my business statement, I join those who recognise the hard work and dedication of the staff of the House and of our civil servants. I thank them for their support to us in this place, and I am very grateful to them in advance for their work tomorrow should this motion be agreed.

As I said to the House during my business statement earlier today, the motion tabled by the Government this afternoon has been prepared in order that it complies with your ruling, Mr Speaker, while also reflecting that the European Union will agree an extension to article 50 until 22 May only if the withdrawal agreement is approved by 11 pm on 29 March. It is crucial, therefore, that we make every effort to give effect to the Council’s decision, and tomorrow’s motion gives Parliament the opportunity to secure that extension. I think we can all agree that we do not want to be in the situation of asking for another extension and facing the potential requirement of participating in European Parliament elections.

[Chris Bryant (Rhondda) (Lab)]

Could the Leader of the House read out the motion, so that we know what we will be debating tomorrow?

[Andrea Leadsom]

The motion has been tabled, and the hon. Gentleman will be able to find it in the Table Office. [Interruption.] I am happy to read it out. It is quite lengthy, so I hope Members will bear with me. It reads:

“That this House notes the European Council Decision of 22 March 2019 taken in agreement with the United Kingdom extending the period under Article 50(3) of the Treaty on European Union, which provides for an extension to the Article 50 period to 22 May 2019 only if the House of Commons approves the Withdrawal Agreement by 29 March 2019; notes that if the House does not do so by that date the Article 50 period will only as a matter of law be extended to 12 April 2019 and that any extension beyond 22 May 2019 would require the UK to bring forward the necessary Day of Poll Order to hold elections to the European Parliament; notes that Article 184 of the Withdrawal Agreement refers to the Political Declaration between the UK and EU agreed on 25 November 2018, but that the EU has stated it remains open to negotiating changes to the Political Declaration; notes that the House is currently undertaking deliberations to identify whether there is a design for the future relationship that commands its support; notes that even should changes be sought to the Political Declaration, leaving the European Union with a deal still requires the Withdrawal Agreement; declares that it wishes to leave the EU with an agreement as soon as possible and does not wish to have a longer extension; therefore approves the Withdrawal Agreement, the Joint Instrument and the Unilateral Declaration laid before the House on 11 March 2019 so that the UK can leave the EU on 22 May 2019; notes that this approval does not by itself meet the requirements of section 13(l)(b) of the European Union (Withdrawal) Act 2018; and resolves that it is content to proceed to the next steps of this process, including fulfilling section 13 of this Act.”

[Andrea Leadsom]

The hon. Gentleman will be aware that motions are amendable, and the selection of amendments is a matter for the Speaker.

[Chris Bryant]

I am grateful to the Leader of the House for reading out the motion; that is helpful for the House. So far as I understand it, if the motion were carried tomorrow, the Government would not be able to ratify the withdrawal agreement treaty. Is that correct?

[Andrea Leadsom]

No. It would mean that the withdrawal agreement Bill would then be before the House.

I think we can all agree that we do not want to be in the situation of asking for another extension and facing the potential requirement of participating in European Parliament elections.

--- Later in debate ---

[Chris Bryant (Rhondda) (Lab)]

Who would have thought that a debate on whether we should sit tomorrow would get everyone so wound up?

In one sense, this is very simple. We are simply deciding, at a moment of national crisis, whether or not we should sit tomorrow, notwithstanding the normal practice of the House, which is that we only sit on Fridays for private Members’ business. I do not think that a single Member of the House would resent the Government’s motion proposing that we should sit tomorrow, because we know that this is a very important moment for our country, and we need to get this right. However, as every good architect will tell you, form must always follow function. My anxiety is that when the Government announced that we were going to sit tomorrow, they should have told us what we were going to sit for. We should have had plenty of prior notice, not the negligible notice that we have had.

I understand, and take in good faith, the difficulties that the Government have had in trying to get to this moment, but I think that the motion that we will debate tomorrow is problematic in many ways, and I think that that gives us reason to ask whether we should really be sitting to consider this matter tomorrow. [Interruption.] No, this is not a point of order. I am taking part in the debate. This is a debate on a motion which is before the House.

I have a problem with the function that we are being asked to address tomorrow. First, the motion expressly does not meet the requirements of our own law, passed in this House, namely section 13 of the European Union (Withdrawal) Act 2018, which clearly binds together the withdrawal agreement and the political declaration. Indeed the Prime Minister herself had repeatedly said the two things could not be separated out, and for that matter senior members of other Governments elsewhere in Europe have also said the two things go together. Indeed the Prime Minister’s express point was that if they were separated out, we in the UK would be losing the benefits we gained. So I have an anxiety about that element.

[Martin Whitfield (East Lothian) (Lab)]

Will my hon. Friend give way on that point?

[Chris Bryant]

May I finish the point? The second problem I have is that the motion, to my mind and according to what the Leader of the House herself said earlier, is only there to appease the EU’s desires. Well isn’t that an irony; this is not exactly taking back—

[Mr Speaker]

Order. I have the highest regard for the hon. Gentleman, but we are in danger of eliding into tomorrow’s debate. I am not casting aspersions on the hon. Gentleman, who is a consummate parliamentarian, but the issue before the House now is the motion moved by the Leader of the House, which is a sittings motion: the issue is whether we should sit tomorrow for the period specified. A very occasional reference to what we would be meeting to discuss is one thing, but to devote a speech to the merits or demerits of tomorrow’s motion goes way beyond that, and I do not want this debate to be the debate we are proposing to have, and that the Leader of the House is advocating having, tomorrow.

[Chris Bryant]

Mr Speaker, if you had just told me to shut up I probably would have done so; you could have done it a bit more briefly, if I might say. [Hon. Members: “Hear, hear.”]

[Mr Speaker]

Order. Let me just say to the hon. Gentleman that although I always profit by his counsels he has already devoted some minutes to the substance of tomorrow so it ill behoves him to lecture me on brevity. He has spoken for quite a long time, not on the sittings motion but on the substance of tomorrow. Wrap it up, man.

[Chris Bryant]

I could say the same, Mr Speaker.

[Mr Speaker]

Resume your seat. I say very gently to the hon. Gentleman, let it go, make your point—which we always enjoy hearing—finish the speech, and let others take part. I do not need any backchat from the hon. Gentleman.

[Chris Bryant]

What the Leader of the House is proposing in this motion is that we should adopt a new precedent. There has been much talk of precedent in the last few days in terms of the way we proceed here, and I believe in precedent, which is why I believe we should very rarely set the precedent we are setting for tomorrow. I think for instance we should abide by the precedent that when a Government lose a major policy they fall, and that when a Government Minister proposes a motion they vote for it. All of these are precedents that have been abandoned.

I am happy for us to sit tomorrow, but I would just say that if it is absolutely clear, as has already been stated, that tomorrow’s motion is not a meaningful vote, it is then a meaningless vote and consequently there is little point to us sitting. And the one precedent that I am absolutely sure the House will always have abided by in the past and will probably abide by tomorrow is that when the Government come up with a policy—a change of mood, a change of style, a different way of doing business—that is too clever by half, they always lose.