European Union (Withdrawal) Bill

Debate between Dominic Grieve and Christine Jardine

3rd reading: House of Commons & Report stage: Second Day: House of Commons
Wednesday 17th January 2018 Commons Chamber

[Mr Grieve]

I am not sure I entirely agree. I do not think that Mr Barnier has ever suggested that the United Kingdom cannot withdraw under article 50—we plainly can. Indeed, new clause 6 deals with the question of whether article 50 is revocable. I think that it almost certainly is, so it is a pertinent question for the House to ask, although it is not an easy one for the Government to answer, in fairness, as ultimately it could probably be determined only by the European Court of Justice.

I do not think that the fact that we can revoke article 50, or that article 50 has kicked in, alters the EU legal order. The EU intends to continue with the United Kingdom outside. On the question of our future relations with the European Union, we will be outsiders, and some things that we are asking for, including a special and deep relationship, are currently—and, I fear, for ever—incompatible with the nature of that legal order. We either have to be in or we will get something that is very much less than what we have set out as our request. I therefore say to my hon. Friends that these amendments are perfectly pertinent, because they raise questions that will be asked over and over again, and with greater urgency, as each week passes in the course of this dramatic year.

I will end by saying this to my hon. Friend the Member for Stone (Sir William Cash). I listened very carefully to what he had to say. He is an individual of complete and clear integrity when it comes to his own views about how the United Kingdom’s constitution should work, which is one of the reasons why he has been so dramatically opposed to our EU membership—a matter on which we differ—but here he was, highlighting that in the process of taking ourselves out of the European Union, we are smashing up our domestic constitution big time—“O Brexit! What crimes are committed in your name?” It is imperative that we in this House manage the process so that we prevent the sort of mischief that he has identified, but I am afraid that, in part, it is inherent in the nature of the venture that we have taken on.

[Christine Jardine (Edinburgh West) (LD)]

Does the right hon. and learned Gentleman agree that this constitutional danger is heightened by the fact that Conservative Members from Scotland are not listening to growing concerns about our lack of membership of the single market and the customs union, and the implications for our economic future, but simply following the Government through the Lobby?

[Mr Grieve]

I am afraid that I disagree entirely—far from noticing any such thing, I have noticed the very reverse. My Scottish colleagues are very much alive to the constitutional implications of Brexit and have been working assiduously to address them, while not falling into the trap, as I am afraid the hon. Lady and some members of her party have, of constantly characterising what is a national constitutional debate—indeed, a crisis—in binary terms, with Scotland always appearing either as a victim or as having a halo over its head, neither of which, in the scheme of human existence, is justified.

[Christine Jardine]

I think that the right hon. and learned Gentleman might have misunderstood what I meant, which is that the binary nature of what the Scottish Conservatives are doing is heightening the binary argument in Scotland, and indeed playing into the hands of those who seek nationalism.

[Mr Grieve]

I am afraid that I disagree. My Scottish colleagues have been behaving with extraordinary good sense, particularly their leader, Ruth Davidson, and my colleagues here at Westminster. Perhaps I have misunderstood some aspect of the hon. Lady’s question. Far from seeing them as supporters of crazy ideas in the context of Brexit, I think that they have consistently shown a moderate common sense in trying to understand the wider United Kingdom position and Scotland’s distinctive position, and trying to take this forward. If I may say so, they are exactly the sorts of allies I want in the course of the work that I will continue doing in this House.

I have spoken quite enough and I thank the House for its indulgence.