European Union (Withdrawal Agreement) Bill

Debate between Ian Murray and Hilary Benn

2nd reading: House of Commons & Programme motion: House of Commons
Tuesday 22nd October 2019 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

It is a great pleasure to follow the right hon. Member for Maldon (Mr Whittingdale), who is the vice-chair of the Exiting the European Union Committee, and with whom I have the pleasure to serve. May I also say to the right hon. Member for Aylesbury (Sir David Lidington) that he is absolutely right that the vast majority of the withdrawal agreement is as it was before, which is why I cannot understand why the Government did not publish in draft the bits of the Bill that have been available in Whitehall for ages so that Members had a chance to read them a long time ago, rather than scrabbling around since eight o’clock last night, because it would have dealt with some of the justifiable objections to the speed with which the Government are trying to push this through?

I do not know whether that earlier draft contained clause 36, but I must say my eyes widened when I read this statement:

“It is recognised that the Parliament of the United Kingdom is sovereign.”

Do we really need to say that about ourselves in legislation—was that ever in doubt? I suspect the reason it is in there is to soften the blow when certain Government Members realise—although the right hon. Member for Chingford and Woodford Green (Mr Duncan Smith) made the point—that the European Communities Act will be repealed and then the provisions will be stuck back in for the length of the transitional period.

The other thing we have learned about is the consequences of the new Irish protocol for trade between Northern Ireland and the rest of the United Kingdom, and I return to the point that was put to the Prime Minister by several Members, but to which there was no answer: the question why goods moving from Northern Ireland to the rest of the United Kingdom will require an exit summary declaration, because, as I understand it, that is only necessary if goods are leaving the customs territory of the European Union. Is that correct, because I thought we were told—it says it in the new protocol—that Northern Ireland will be in the customs territory of the United Kingdom? So the question is this: if Northern Ireland is in the customs territory of the United Kingdom what are those goods exiting, because they are in the United Kingdom customs territory? I am afraid there has been no answer, because I do not think the attempted explanations really square.

[Ian Murray (Edinburgh South) (Lab)]

My right hon. Friend raises the most compelling point about the Northern Ireland protocol. Is he also as astonished as I am that in some of the slight impact assessments on the Northern Ireland protocol everything about customs administration, VAT, tariffs administration, agrifood regulation and manufactured goods regulation is non-monetised—the Government do not even know how much this is going to cost?

[Hilary Benn]

I was surprised when I read that in the impact assessment, and the truth is that a whole load of questions remain about how the system will work. How will we identify goods at risk, as it is described, of passing into the Republic of Ireland? That is for another day.

Article 50 Extension

Debate between Ian Murray and Hilary Benn

Wednesday 20th March 2019 Commons Chamber

[Hilary Benn]

I completely agree with the hon. Gentleman. I am not terribly interested in blame, but I am interested in analysing how we have come to this point. Some may regard that as apportioning blame; I regard it as a description of what has happened.

The second thing I want to say is that, as a House, we must demonstrate that we intend to use the time, if we get it, for a purpose. We cannot sit here for three months or longer, twiddling our thumbs; the public expect us to try to find a way forward on which we can agree. The Prime Minister has a perfectly fair point with her strictures: we know what we are against, but what are we for? That purpose should be to consider and then vote on a number of different ways forward. I am an advocate of indicative votes. The word “indicative” is used for a really important reason. A sensible place to start is to say to Members, “Look, you can move in the direction of a free trade agreement.” Then Members in the House would argue for that. “You can decide that you want a customs union. You can argue that you want Norway and a customs union, or a customs arrangement. Which of those three would you like us to explore further?” In my case, I would vote for two of those options. I would not vote for the free trade agreement, for the reasons that the Prime Minister has set out as to why it would not work for Northern Ireland; or indeed for friction-free trade, but I would vote for the other two when we got to that moment. That would then give us an indication of where support might lie in the House of Commons.

Monday is our opportunity—I am talking here about the motion that the Secretary of State clarified for us when he said that he was talking about the motion in neutral terms—to start that process, and the House must take it.

[Ian Murray (Edinburgh South) (Lab)]

Once again, my right hon. Friend is making an outstanding speech on this issue. Is he able to surmise what may happen next week if the Government make a statement on Monday and do not bring a third meaningful vote until perhaps Tuesday or Wednesday? We would be left in a situation where President Tusk has already said that an extension to 30 June would be given only if the deal passed, and we would still have to change primary legislation—the date in the European Union (Withdrawal) Act 2018—by next Friday. What does my right hon. Friend think the Government are trying to do? I suspect that the Prime Minister is trying to bounce us and bribe us into backing her deal.

[Hilary Benn]

I think that—not quite in fairness to the Prime Minister—her purpose and her method has been obvious for a long time. To Opposition Members, it has been, “My deal or no deal.” In recent months, there has been a variation for others that she hopes to persuade to get on board with her proposal, which has been, “My deal, no deal, delay or no Brexit.” Ultimately, it falls to us as Members of the House of Commons to determine what happens and, courtesy of the important Wightman judgment, if the worst came to the worst next Friday, revocation is the one other option that we have, because it does not require the approval of the other 27 EU member states. I really hope that we do not get to that point, and I cannot see how it can be in the interests of the European Union to force us out with no deal, because it will get all the blame for all the consequences that would flow from that.

After we have been through the process that I described in answer to the intervention by the hon. Member for East Surrey (Mr Gyimah), I urge the Government to listen to what Parliament says. It is no good inviting us to say what we are for if the Government say, “We are not prepared to go in that direction. We are not prepared to change.” If we are going to move, the Government will have to move along with everybody else, but the past two and three quarter years have shown that the Government have been unwilling to move one inch. The Government should then come back with a revised plan, because that is their responsibility. We do not want to seize control of the process for the sake of it, but if the Government are not acting, Parliament will have to act in their stead. The Government should bring a plan back, having listened to what the House said, so that we can debate, amend and vote on it.