European Union (Withdrawal) Bill

Chuka Umunna Excerpts

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.