European Union (Withdrawal) Bill

Hilary Benn Excerpts

Tuesday 12th June 2018 Commons Chamber

[Mr Speaker]

Order. We will have one more speech of up to 10 minutes, but then the limit will have to be cut, because I want to accommodate the maximum number of colleagues.

[Hilary Benn (Leeds Central) (Lab)]

It is with some hesitation that I involve myself in the negotiation that the Government are clearly attempting to conduct with their own Back Benchers. I simply want to observe that this is the single most important amendment that we will be discussing today and tomorrow in relation to the role that Parliament should and indeed must play in determining what kind of Brexit happens.

I simply do not accept the argument that the Secretary of State and other Conservative Members have advanced in trying to suggest that this proposal is somehow illegitimate or improper, or is intended to overturn the result of the referendum. Is it improper for this House to decide that in leaving the EU, we wish to remain within a customs union with it? Is it improper for this House to decide that we wish to remain in a single market, or to continue to have the European arrest warrant system, or that we want to co-operate in future with our friends and neighbours on foreign policy, defence and security? If the answer to all those questions is no, it is not improper; this Lords amendment is about giving Parliament the ability to ensure it can exercise that judgment when the time comes. It seeks to make it clear who will be in control when we come to the end of the process: the Government can go away and negotiate, but they will have to win the consent of the House when they return.

The Government’s attempts to neuter the Lords amendment will not work for a number of reasons that have been set out already. I say to the Solicitor General that, frankly, we do not have more time, which is why this is the moment when we have to make the choice. Secondly, as has been clearly pointed out, it makes no provision for what happens in the event of there being no deal. The House is aware of what the consequence of no deal would be for the border in Northern Ireland, our trade, the rights of British citizens abroad and EU citizens here, future co-operation on security and many other matters.

[Angus Brendan MacNeil]

Given all that the right hon. Gentleman has been outlining, is it not fascinating that when Brexiteer MPs ask themselves about a vote on Brexit, they fear they will lose it and therefore that Brexit will be reversed? That displays no confidence in their argument at all.

[Hilary Benn]

I say to the hon. Gentleman that the British people have made their decision about the fact that we are leaving the institutions of the European Union in March next year, but it is for this House to decide the way in which we leave and the future of our relationship with our friends and neighbours, who will remain our friends and neighbours after we have left.

[Several hon. Members rose—]

--- Later in debate ---

[Hilary Benn]

I will not give way again as many other Members wish to speak.

The question is: who decides what happens next in the circumstances either of there being no deal or of Parliament rejecting the deal the Government bring back in October or November? In the event of a rejection I think it is pretty safe to assume that Parliament will, in moving an amendment to the motion asking for approval of the withdrawal agreement, set out its reasons why. Parliament might say for example that it declines to give approval to the withdrawal agreement because it makes no provision for the UK remaining in a customs union with the EU. In those circumstances, as many Members— including the right hon. and learned Member for Rushcliffe (Mr Clarke), the Father of the House—have made clear, it is perfectly reasonable for the House of Commons then to expect the Government of the day to go back to those with whom they have been negotiating. As always happens in negotiations, people come back and say, as the Chief Whip is now experiencing, “I’m really sorry, I have tried, but the Members will not wear it; we need to talk about doing something else.” It is perfectly reasonable for the House to do that; otherwise, as we have heard many times, the notion that we have somehow taken back control has no force whatsoever.

We need a mechanism that can enable the House to have its say both in the event of there being no deal because an agreement cannot be reached and in circumstances where the House of Commons says it does not accept the deal the Government have brought back.

--- Later in debate ---

[Chuka Umunna]

The only opportunity.

[Hilary Benn]

My hon. Friend is correct: it is the only opportunity to make it clear to the Government that we intend to have our say when the negotiations have been concluded. This is the one chance that we have to exercise the sovereignty that we all believe properly rests with this House, whether we voted leave or remain in the referendum. I hope very much that the House, recognising that this is its one chance, will take that opportunity by voting later today for Lords amendment 19.

[Several hon. Members rose—]