European Union (Withdrawal) Act

Debate between David Lidington and Hilary Benn

Monday 25th March 2019 Commons Chamber

[Mr Lidington]

I do not think anybody in the House would disagree with the hon. Gentleman’s comments at the end of his intervention, and certainly not my right hon. Friend the Prime Minister. We are all deeply aware and, looking up at the memorial shield to our former colleague, Jo Cox, I am very sharply reminded of the fact that many Members of this House have been subjected to the most appalling threats, intimidation and online trolling. Every one of us in our individual or representative capacities has a responsibility to ensure that no encouragement or succour is given to those wicked people who seek to act and intimidate in that way.

[Hilary Benn (Leeds Central) (Lab)]

I return to the point that was made in the first intervention that the Minister took—that is, the Prime Minister’s categorical statement, which I have to say I welcomed today, that unless this House agrees to it, no deal will not happen. That could not be clearer. Given what the Minister rightly said about the need for the European Union then to take decisions that facilitate this, is not the inevitable consequence of what the Prime Minister has told the House today that, unless she gets her deal through, she will have to apply for an extension prior to 12 April?

[Mr Lidington]

That depends, of course, on what this House decides to do this week. That is the logic, certainly, of the right hon. Gentleman’s argument about my right hon. Friend’s remarks, if we start from the premise that the House were not to approve the withdrawal agreement this week. I hope we will and it is the Government’s intention to persuade the House to approve the withdrawal agreement during this week, in which case the deadline moves forward automatically to 22 May. I repeat the comment that I made earlier in response to the hon. Member for Edinburgh South (Ian Murray): the United Kingdom can make a request, but it is not ever a certainty that the European Council will agree to it.

UK’s Withdrawal from the European Union

Debate between David Lidington and Hilary Benn

Thursday 14th March 2019 Commons Chamber

[Mr Lidington]

I am second to none in my admiration and acknowledgment of my right hon. and learned Friend’s experience in this House, but I say to him, having served six years as Minister for Europe, that there is no such thing as a simple and easy change to the EU treaties. I was present in the United Kingdom seat when a very minor change of about half a sentence was made to the treaties to accommodate the needs of eurozone countries and ensure that what they wanted to do had an effective treaty basis. The process took roughly 13 months or so from the time that it was initiated until the time that it took effect. That is because not only do the treaties require a process of treaty change to go through a particular and detailed EU primary legislative process, but a change to the treaties also involves national ratification by the member states concerned. Indeed, I remember having to take a short Bill through this House, even though the treaty change that was at stake applied only to the member states of the eurozone, not to the United Kingdom. For that reason, I do not think that the sort of rapid treaty change that he would hope for actually exists in practice.

[Hilary Benn (Leeds Central) (Lab)]

Paragraph 12 of the document that the Government placed in the Library this morning addresses the question of the possibility of a second extension after a first, stating that

“a second extension is not considered to be viable”.

Not considered to be viable by whom?

[Mr Lidington]

But paragraph 12 explains why, because it describes a scenario in which the United Kingdom had not participated in European Parliament elections and did not have any duly elected MEPs. In that case, we believe from all the feedback that we have had from the European Union that a second extension is not considered to be viable, because without UK MEPs being present from the date at which the newly constituted European Parliament met—namely, in a plenary on 2 July —the European Parliament would be improperly constituted. It is for that reason that we do not see any willingness, or, indeed, any legal power under the treaties, for the European Union to agree to a second extension if we were in those circumstances at that date.

--- Later in debate ---

[Mr Lidington]

No. I am not giving way; I am sorry. I beg the hon. Lady’s pardon, but I have given way many times. I hope she will have the opportunity to catch your eye later, Mr Speaker.

If I may, I will now turn to amendment (i) in the name of the Chair of the Exiting the European Union Committee, the right hon. Member for Leeds Central, and others. The amendment proposes a particular process to enable the House to find a way forward that commands majority support through an extension period. Paragraph 2 of the amendment would suspend Government control of the Order Paper on Wednesday 20 March to give priority to a cross-party business motion tabled by 25 Members from at least five different political parties. It seems that this motion would be used further to direct the business of the House on a future day or days to allow further debates on matters relating to EU exit.

The Government have previously set out to the House our case that this amendment or others similar to it seek to create and exploit mechanisms that would allow Parliament to usurp the proper role of the Executive. It would be unprecedented action, and it could have far-reaching and long-term implications for the way in which the United Kingdom is governed and for the balance of powers and responsibilities in our democratic institutions. I am sure that the majority of Members—whether they are hon. Friends who are supporting the current Government, or perhaps people who aspire to support and serve in a future Government of some political stripe or other—must recognise that fact. While I do not question the sincerity with which the amendment has been tabled, to seek to achieve that desired outcome through such means is, I think, a misguided and not a responsible course of action.

I think that is equally true of paragraph 3 of the right hon. Gentleman’s amendment. Frankly, it is an extraordinary requirement and, I suggest, an undemocratic one. It means that if 100 Members from the Conservative Benches moved a motion under the terms of the amendment, that motion could not be called. It means that if 100 Members from the Labour party Benches moved such a motion, that could not be called. It means that if 400 Members from both the Government and the principal Opposition Benches moved such a motion, it could not be called.

That paragraph would hand the power over whether a motion could be called—in effect, a power of veto—to the smallest parties in the House, if such a motion had their support. Let us assume that the right hon. Gentleman’s amendment was accepted by the House. That would mean that a motion brought forward under paragraph 3 of the amendment, if it had the support of Members from the Scottish National party, from Plaid Cymru, from the Liberal Democrats, the lone Member from the Green party and—if they constitute themselves a political party in time—from Members of the Independent Group, could be moved. However, if it had the support of every single Conservative, Labour and Democratic Unionist party Member, it could not be moved. I do not doubt the right hon. Gentleman’s sincerity, but I have to say to him that that strikes me as absurd in democratic terms.

[Hilary Benn]

The right hon. Gentleman’s argument that contrary views could not be heard is defective, as he will see if he goes back to paragraph 2 of the amendment. Sub-paragraph (d) says that

“debate on that motion may continue until 7.00 pm at which time the Speaker shall put the questions necessary to dispose of proceedings on that motion including the questions on amendments selected by the Speaker which may then be moved”.

In other words, the motion provided for in paragraph 3 starts the debate, and any Member can move an amendment, which, if you select it, Mr Speaker, will be voted on at the end of the day. Therefore, the right hon. Gentleman’s argument that the views of others—of 300 Conservatives—would not be heard is not correct.

[Mr Lidington]

While I appreciate the right hon. Gentleman’s defence of his amendment, my objection still stands. In the scenario that he has described, a motion in the names of very large numbers of Members of Parliament—not just from my party, but from his as well, or a very large number of some hundreds of people on a cross-party basis—could be moved only if it were in the form of a motion that had previously been tabled and accepted for debate, under the limited terms specified in his amendment.

It is of course for you, Mr Speaker, to make a ruling on which amendments to select and which not to select, but as the right hon. Gentleman well knows, there are practices, traditions and precedents of the House—about, for example, the material of an amendment needing to be pertinent to the motion to which it has been tabled—so, flowing from his amendment, there would be a potentially very severe restriction on the rights of many hundreds of Members of this House to come forward and table motions that raise subjects they want to be debated.

Exiting the European Union

Debate between David Lidington and Hilary Benn

Monday 11th March 2019 Commons Chamber

[Mr Lidington]

It is certainly our intention to lay the documents as early as possible this evening. They must be laid before the House concludes its business tonight if they are to be formally taken into account during tomorrow’s debate and votes. I would expect nothing other than that my hon. Friend and his Committee would want to consider them very carefully, The Attorney General will make his assessment available as soon as possible, in line with the commitment that he gave the House from the Dispatch Box last week.

[Hilary Benn (Leeds Central) (Lab)]

The Minister referred in his statement to the possible suspension of our obligations in respect of the backstop. As he will know, however, under article 178 of the withdrawal agreement that can happen only after the arbitration panel has ruled on the question referred to it, and after a whole process has been followed if one party has failed to comply with the ruling of the arbitration panel.

If consideration of the issues raised by the arbitration panel in relation to the backstop involves questions about the interpretation or application of EU law, can the Minister confirm for the House that any such questions would have to be referred by the arbitration panel to the Court of Justice of the European Union, and that any ruling of the Court—despite what he has said tonight—would be binding on the arbitration panel, on the European Union and, crucially, on the United Kingdom?

UK’s Withdrawal from the EU

Debate between David Lidington and Hilary Benn

Wednesday 27th February 2019 Commons Chamber

[Mr Lidington]

This may not be the first or last time that the right hon. Gentleman has been confused, but he will have to contain his excitement until I deal with the amendments that have been tabled.

[Hilary Benn (Leeds Central) (Lab)]

Will the right hon. Gentleman clarify something following the Prime Minister’s statement yesterday? If the Prime Minister’s deal is defeated when it returns to the House and if leaving with no deal is also defeated, will the time period in the motion proposing an extension of article 50 that will be brought on 14 March be amendable by the House?

[Mr Lidington]

Whether a motion is capable of amendment and which amendments are in order is, of course, always a matter for the Chair, rather than for Ministers, but I would point out that, in addition to the opportunities for amendment that would arise on such a motion in the normal course of events—I cannot predict at this moment how the Chair will rule—the obligations on the Government in the circumstances that the right hon. Gentleman describes in respect of section 13 of the European Union (Withdrawal) Act 2018 will also remain.

Exiting the European Union: Meaningful Vote

Debate between David Lidington and Hilary Benn

Tuesday 11th December 2018 Commons Chamber

[Mr Lidington]

My hon. Friend is right, and he is not the only one to express that fear. It is an opinion voiced strongly by businesses large and small in every part of the United Kingdom. The thought of a Labour Government who saw the economic policies of Cuba and Venezuela as models to follow should scare anyone who is interested in jobs and investment in this country.

[Hilary Benn (Leeds Central) (Lab)]

The right hon. Gentleman has been asked this question twice, but he has not answered it. I will give him a third chance. Is the Government’s proposition that when we return to this, the previous debate will continue—in other words, there will be two more days and then we will have a vote—or is there to be a fresh debate? Which is it going to be?

[Mr Lidington]

It is a fair question, and while I am not able to give the right hon. Gentleman an absolutely clear answer, I genuinely want to be as helpful as I can on this point. The default position is that the current arrangements, including the business of the House motion, remain in place. One of the things that the Government will have to determine, depending on the outcome of the European Council and the discussions that the Prime Minister is having, is whether, in the context of the statutory requirement for the Government to hold a meaningful vote under the European Union (Withdrawal) Act, any changes that may have been made are of a character that requires the debate to be started from scratch rather than continued. Until we know the outcome of those talks, it is impossible for me to provide greater clarity, but I hope the right hon. Gentleman will accept from me that that is the best answer I can give in trying to be straight with him.

Northern Ireland and the Republic of Ireland: Border Arrangements

Debate between David Lidington and Hilary Benn

Wednesday 28th February 2018 Commons Chamber

[Mr Lidington]

I have not had the pleasure of reading that particular report from the European Parliament yet, but I shall certainly add it to my reading list. What my right hon. Friend has just said is evidence that there are people here, as well as in the Brussels institutions and the 27 national Governments of our EU partners, who are keen to work constructively together to find an outcome that brings benefits to us all.

[Hilary Benn (Leeds Central) (Lab)]

Instead of complaining that the draft withdrawal agreement published this morning proposes to keep Northern Ireland in the customs union and subject to the single energy market and to EU rules on the environment and agriculture, is it not time that Ministers finally accepted that it is their continuing failure to explain how they are going to keep an open border while leaving the customs union and the single market that is the cause of this problem? When will they explain how they propose to achieve that?

[Mr Lidington]

I draw the right hon. Gentleman’s attention to the fact that last December’s joint report contains three options to ensure that there will be no hard border between Ireland and Northern Ireland. The first—which the Government of Ireland and this Government are strongly committed to and want to see as the option that we are able to deliver—is the one that settles this matter in the context of the overall future economic partnership between the UK and the European Union. We are looking forward to beginning the negotiating process that I hope will start after the publication today.

Oral Answers to Questions

Debate between David Lidington and Hilary Benn

Tuesday 12th April 2016 Commons Chamber

[Hilary Benn]

I do welcome progress; I was just asking why the overseas territories will not meet the standard Britain is going to set.

Our membership of the European Union helps us in the fight against money laundering, terrorist financing and tax evasion—an example being the fourth anti-money laundering directive, on which the UK has taken the lead. The directive will, for the first time, oblige all member states to keep registers of beneficial owners and to make those open to tax and law enforcement authorities and to others who have a legitimate interest, including investigative journalists. Does that not show that leaving the EU could hinder the fight against financial criminality in Europe, because the best way to tackle such criminality is to work in partnership with our neighbours?

[Mr Lidington]

I agree with the right hon. Gentleman that there are many ways in which we benefit, in taking action against crime, through this kind of European co-operation. What I hear from the police service is that almost all serious crime these days has an international dimension of some kind, and countries need to work together to tackle that. The current system, where we can choose whether to opt in to individual justice and home affairs measures, really does give us the best of both worlds.