European Union (Withdrawal) (No. 5) Bill

Chuka Umunna Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 3rd April 2019 Commons Chamber

[Yvette Cooper]

The right hon. Gentleman is exactly right. Let me clarify the position. There are two references to two different Acts. There is one reference in clause 1(2) to the 2019 Act that this Bill will become, and another reference in clause 2(1), to the Act passed last year.

[Chuka Umunna (Streatham) (Ind)]

In a way, I rise to speak to all the amendments, which are supposed to relate to the duties to be exercised under the Bill. However, one duty in particular has been omitted from both the Bill and all the selected amendments.

I know that the views that I shall express are supported by the right hon. Member for Twickenham (Sir Vince Cable), the hon. Member for Brighton, Pavilion (Caroline Lucas), the right hon. Member for Ross, Skye and Lochaber (Ian Blackford), the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), and others. We argue that there should be attached to the intention of the Bill the purpose for which it is sought. The European Council has made it absolutely clear that the UK will not necessarily be granted an extension for a general purpose, and that we shall need to specify what we wish to have the extension for. On a number of occasions, senior officials of the various EU institutions have made it clear that they would grant an extension for the purpose of a people’s vote, but no such purpose is referred to in any of the amendments that have been selected, or in the Bill itself.

It is all well and good to argue against no deal—and that, we have been told, lies behind the Bill—but it is clear that if Members wish to be sure of securing the extension to stop no deal, particularly those who will not entertain revocation of article 50, there needs to be a duty not only to request an extension, but to request it for the purpose of what will lead to our being granted the extension that we require, namely a people’s vote.

[Mike Gapes (Ilford South) (Ind)]

Is this not even more serious given that the Prime Minister and the Leader of the Opposition are cooking up some plan today that also does not refer to the people’s vote?

[Chuka Umunna]

I completely agree with my hon. Friend. This is so important and we have been brought to this point because our democracy is deadlocked. We are faced with a perfect storm created by a clash of mandates: we are trying to work our way through dealing with a clash of mandates between views expressed by a majority of people who participated in a referendum in 2016 and views expressed in a general election which has led to a hung Parliament and the chaos in this House of Commons.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

The hon. Gentleman is correct in saying that we would have to produce a reason for wanting an extension, but does he agree that the reason that would command wide support here is so that we could clarify the political declaration and develop the ideas of some sort of customs arrangement and some sort of regulatory alignment mapping out our future relationship? Does he agree that most of the European nations would welcome that development, and probably a very long extension to the end of 2021 would be quite readily available?

[Chuka Umunna]

I do not disagree at all with the Father of the House. I think a long extension would be preferable. I do not think there is anything for us to fear in terms of European elections. After all that is called democracy and at least it means more of our constituents can get involved in this process. In terms of the different elements of this Bill and the duties we are seeking to impose on the Government, it has been said that to find a way forward through all of this requires compromise. As I have said, I believe there should be a duty in this Bill for the Government to seek an extension in order to provide for a people’s vote. Why do those of us who argue for a people’s vote want a people’s vote? We do so because we want to give the British people the ability to take a different course, and in so doing there is compromise. The easy thing to do if we wanted to stop Brexit from happening would be to simply ignore the 2016 result.

[The Chairman of Ways and Means (Sir Lindsay Hoyle)]

Order. Obviously the scope of this debate is quite tight and I am going to allow some flexibility in the discussion, but we do not want to concentrate on something that is not even down on the Order Paper tonight. So by all means I will allow some freedom, but we should not open up the debate too far.

[Chuka Umunna]

I take your point, Sir Lindsay, but all this goes to the duties in the Bill, and there is a glaring omission from the Bill and the selected amendments.

--- Later in debate ---

[The Chairman]

Order. I think in fairness that it is my judgment that we will take. Thank you for your advice, but actually it will be the opposite way, not the way the hon. Gentleman is trying to open up. I have said I will allow flexibility, but I am not going to allow discussion on matters that are not part of tonight’s debate.

[Chuka Umunna]

Thank you.

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I wonder if the hon. Gentleman realises something about his amendment: I would be very happy to see it inserted because I think it would immediately mean a money resolution would be needed, so I give him good encouragement.

[Chuka Umunna]

I wish my amendment had been selected, but my point is that the purpose for which the extension is sought is not stated as being necessary in the duties of this Bill.

I apologise, Sir Lindsay, if you do not believe I am speaking strictly to the amendments. Part of the challenge raised is the way we are conducting this debate given the fact that we are trying to do justice to the Committee stage of this Bill having only discovered your selection shortly before.

[The Chairman]

I should say to the hon. Gentleman that, in fairness, I too only got it minutes before, so it is much harder for both of us to try to deal with this.

[Chuka Umunna]

Absolutely; I was just making an observation.

Ultimately, there is a need for compromise, and we are at that stage in the process where I think that that is what the public expects. Introducing a provision within the duties in the Bill for the Government to seek an extension for the purpose of a people’s vote is, I would argue, a compromise, in part because there are ways of carrying out a people’s vote that would take account of all the different views in this House. That would involve compromise. For example, we do not like the Prime Minister’s withdrawal agreement or the framework for the future relationship, but we would be prepared not to stand in the way of them if they were put to a confirmatory vote.

I shall finish by explaining why I was so keen to crowbar these points into the debate. If we do not address these points, and if, through a backroom deal, we ignore the fact that a people’s vote is not provided for in the duties of the Bill, what are we saying to the 1 million people who marched on the streets of this city? What are we saying to the 2 million young people who now have a say on this whole issue but did not have a say three years ago? What are we saying to the 6 million people who signed a parliamentary petition arguing for a revocation, in frustration that a people’s vote might not happen? And what are we saying to the majority of people in this country who certainly did not vote for this mess? That is why it is important, if we are going to seek an extension, that we make it clear that we want to do so primarily to give those people a voice so that they get a final say on whether we go ahead with this disaster or whether we seek to change our country in a different fashion.

[George Eustice (Camborne and Redruth) (Con)]

I thank the House of Commons Clerks for the immense amount of work they have put in to ensure that we have these amendments in order and ready to be debated. This is clearly a rather unprecedented type of Bill to bring before Parliament. In common with my right hon. Friend the Member for Newbury (Richard Benyon), I have been somewhat supportive of the attempts by my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) to create space on the House’s agenda to discuss indicative votes. Indeed, I have tabled amendments of my own during the debates on those votes, and I abstained on a business of the House motion to enable those votes to take place. I did not do that today, however, because like my right hon. Friend the Member for Newbury, I believe that this is a very different reason for taking control of the House.

I rise to speak to my two amendments: amendments 20 and 21. Amendment 20 seeks to add to subsection (3) of clause 1 a maximum date of 30 June 2019 to that elected by the Government. Amendment 21 would delete altogether subsections (6) and (7) of clause 1, which make provision for how the House would deal with a situation in which the European Union had rejected an approach by the Government to seek an extension and had instead made a counter-offer. My reason for tabling both those amendments is that, as a number of hon. Members have pointed out, this legislation is indeed rushed. We all have our views on the reason for that, and we are indeed at the eleventh hour of the process of leaving the European Union. That means that this is an unusual Bill, in that it seeks to bind the hands of the Government on a decision that would normally be a matter of prerogative power and a matter for the Executive to take to negotiations in international forums. Both amendments recognise the fact that the Bill has now had its Second Reading and is therefore in play, but they nevertheless seek to place a restriction on its scope and power.

While any date can be placed in a motion under clause 1(2), amendment 20 seeks a maximum of 30 June 2019, making it impossible for the Government, or someone else by amendment, to set a date beyond that. That is an important principle given the rushed nature of this legislation. It would enable both this House or the Government to seek a short extension, as the Prime Minister has already indicated she would, but it would prevent this House or the Government from electing for a long extension, which might effectively lead to the revocation of article 50.