Leaving the EU: Parliamentary Scrutiny

Debate between Hilary Benn and Philip Hollobone

Thursday 28th June 2018 Commons Chamber

[Hilary Benn]

The hon. Gentleman, who is a valued member of the Select Committee, has raised a very important point that is highlighted in the report. It is clear, leaving Brexit to one side, that there is growing wish on the part of this Parliament, and Parliaments across Europe and around the world, to have a say in approving trade deals that may be negotiated in future, because they increasingly have an impact on many aspects of our national life. It is important, as we say in the report, that Parliament can have a meaningful vote on the future trade deal that we have with the European Union when the negotiations are concluded—in time, we hope, for the end of the transition period. We also highlight the fact that it is important that Parliament is able to scrutinise any future trade deals properly, whether they are negotiated by the European Union on our behalf because we end up remaining in the customs union—the Committee has not reached a view on that issue, but it is a matter of debate in the House—or they are negotiated by the Government.

[Mr Philip Hollobone (Kettering) (Con)]

I congratulate the right hon. Gentleman on bringing his report to the House and giving an oral statement. I hope that he does the same for all his subsequent reports. Clearly, he and his Committee are going to be very busy, especially from October onwards. What is his response to a scenario whereby either the European Parliament or the British Parliament sought to amend the withdrawal agreement while the other had approved it? What happens in those circumstances?

[Hilary Benn]

I am grateful to the hon. Gentleman for his kind words. We feel pretty busy already. I cannot promise that I will always make a statement on every one of our reports, because that is in the hands of the Backbench Business Committee.

The scenario that the hon. Gentleman describes is a possibility. It is not unknown in negotiations where two parties are discussing an agreement for them to report back to their members—in this case, Members of the European Parliament and Members of the House of Commons—and then return to the table and say, “I’m sorry but it didn’t go down terribly well with the members in this respect. Can we talk about what we are going to do about this?” It is possible that that situation might arise. That is why we thought it important to set out in the report what we think ought to happen. We say that Parliament should be able to express its view—that we in Parliament should be able to offer advice— and the Government should listen to that, but clearly it would be for the Government to go back and negotiate.

This also links to the recommendation about an amendable motion. When the Secretary of State came to give evidence, I asked him, “Will the motion to approve the withdrawal agreement be amendable”, and he indicated that it would be. I think he said, “Show me a motion that can’t be”; I paraphrase. In those circumstances, Parliament might want to say, “The whole thing’s fine”, or it might want to say, “All these bits are okay but we have reservations about this, or we’d like to see that included.” My personal view is that Parliament should be entitled to do that. The view of the Committee is that Parliament should be able to offer advice to the Government and then the Government will have to respond. If the agreement is not approved—or if conditions are put on its approval—in the House, any Government, in any circumstances, on either side of the negotiations, would have to reflect on that and work out what they were going to do.