European Union (Withdrawal) Act

Jeremy Corbyn Excerpts

Tuesday 12th March 2019 Commons Chamber

[Jeremy Corbyn (Islington North) (Lab)]

After three months of running down the clock, the Prime Minister has, despite very extensive delays, achieved not a single change to the withdrawal agreement: not one single word has changed. In terms of the substance, literally nothing has changed.

On 29 January, the Prime Minister backed an amendment tabled by the hon. Member for Altrincham and Sale West (Sir Graham Brady), which called for the backstop

“to be replaced with alternative arrangements”.

On 12 February, the Prime Minister said that the Government were seeking three potential changes to the backstop:

“a legally binding time limit… a legally binding unilateral exit clause”,

or

“the ideas put forward by the Alternative Arrangements Working Group”.—[Official Report, 12 February 2019; Vol. 654, c. 731.]

There is no unilateral exit mechanism, there is no time limit, and there are no alternative arrangements.

So let us be clear: the withdrawal agreement is unchanged, the political declaration is unchanged, the joint statement is a legal interpretation of what is in the withdrawal agreement, and the unilateral statement is the UK Government trying to fool their own Back Benchers, because the European Union has not even signed up to it.

[Rachel Maclean (Redditch) (Con)]

Does the right hon. Gentleman not recognise that millions of citizens out there are looking to his party—cross-party—to deliver the certainty that they are crying out for? Can he not compromise, as many colleagues have done, to deliver the result of the referendum?

[Jeremy Corbyn]

The Labour party has put forward very clear proposals. I shall come to them later in the speech, but, for the avoidance of doubt, they are about a customs union, access to the market, and the protection of rights. We have put those proposals forward, and we continue to put them forward. What the British people are not looking forward to is either the chaos of leaving with no agreement or the problems that are involved in this agreement, which will therefore be strongly opposed by Members tonight.

[The Prime Minister]

The right hon. Gentleman has just said that the Labour party put forward a set of proposals as an alternative to the deal that the Government have negotiated. When the deal that the Government negotiated was rejected overwhelmingly by the House, the right hon. Gentleman said that we should listen. We have listened. The other week, his proposals were rejected overwhelmingly by the House. Why is he not listening?

[Jeremy Corbyn]

I spend a great deal of time listening to people: people working on the shop floor in factories, people in small businesses, people who are worried about the future of their families. They want some degree of certainty. The Prime Minister’s deal does not offer that degree of certainty at all, as she knows very well. Our proposals are a basis for agreement, and a basis for negotiation.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

The right hon. Gentleman voted for an EU referendum, against his party whip at the time, and he voted for article 50. Why is he now so intent on frustrating Brexit and the will of the people?

--- Later in debate ---

[Jeremy Corbyn]

I am not quite sure what that intervention adds to the debate. There was a referendum in 1975; yes, I voted in that referendum. There was another referendum in 2016; yes, I voted in that referendum as well, and I campaigned to remain in and reform the European Union.

The Government are having real problems, because they are trying to fool the people into believing that, somehow or other, the deal offered by the Prime Minister is the only one that is available. It is not, as they well know.

Let us look closely at the Government’s own motion. It is a case study in weasel words and obfuscation. It states that

“the legally binding joint instrument... reduces the risk the UK could be deliberately held in the Northern Ireland backstop indefinitely”.

There are two key words there, First, the joint instrument only “reduces” the risk rather than eliminating it, so it has completely failed to achieve its goal. I have an ally in believing that to be the case—no less a person than the Attorney General, who told the press at the weekend:

“I will not change my opinion unless we have a text that shows the risk has been eliminated.”

And indeed, his legal opinion today states that

“the legal risk remains unchanged”.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

My right hon. Friend is making a powerful point about the absurdity of the idea that there could be a unilateral exist from the backstop. That would destroy the very function of the backstop. Has not the Prime Minister committed a major strategic blunder for our country by pandering to the European Research Group instead of reaching across the House to build consensus?

[Jeremy Corbyn]

Indeed. The ERG seems to be slightly missing today, but I am overcome by the excitement and enthusiasm among all the Members sitting behind the Prime Minister.

[Several hon. Members rose—]

[Mr Speaker]

Order. The right hon. Gentleman is not currently giving way. [Interruption.] I do not require any affirmation or contradiction from the hon. Member for North Dorset (Simon Hoare). He has got to learn the ways of Parliament.

[Jeremy Corbyn]

Secondly, the motion uses the word “deliberately”. The risk of our being held in the backstop indefinitely has not been reduced; all that has been reduced is the risk that we could be deliberately held in the backstop indefinitely.

The Prime Minister has herself said on numerous occasions that the backstop is painful for both the UK and the European Union, and is something that neither side wishes to see applied. There has been no indication from the Prime Minister that there was ever a risk of our being deliberately held in the backstop in the first place.

[Mrs Helen Grant (Maidstone and The Weald) (Con)]

rose—

--- Later in debate ---

[Jeremy Corbyn]

I am going to make some progress, if I may.

Yet in her statement last night, the Prime Minister said that the joint instrument guaranteed that the EU could not act with the intent of applying the backstop indefinitely. The EU has never expressed that intent, and the Prime Minister has never accused them of having it. The Prime Minister has constructed one enormous great big gigantic attractive paper tiger, and then slain it. However, the substance already existed through article 178(5) of the withdrawal agreement, agreed in November. Truly, nothing has changed.

The Prime Minister also claims that the joint instrument entrenches the January exchange of letters in legally binding form. On 14 January, from the Dispatch Box, the Prime Minister told the House that those letters had “legal standing”, and would have

“legal force in international law".—[Official Report, 14 January 2019; Vol. 652, c. 833.]

We are back with smoke and mirrors—the illusion of change, when the reality is that nothing has changed. It is all is spin and no substance from the Prime Minister.

[Stewart Malcolm McDonald]

The right hon. Gentleman adumbrates perfectly the miasma of chaos that is eating away at this place, but does he not agree that, given the chaos that is about to hit the people of Scotland—who voted overwhelmingly to stay in the European Union—should they request an order under section 30 of the Scotland Act 1998 to hold a referendum on Scotland’s independence, it would be undemocratic in the extreme for the Government to refuse it?

[Jeremy Corbyn]

That intervention has no relevance to the debate that we are having today. This debate is about the Government’s proposals in relation to leaving the European Union.

The statement in the Attorney General’s legal advice still holds. He said that the backstop would endure indefinitely until a superseding agreement took its place. That was the case in January, and it is the case today. I reiterate the view of the Attorney General: despite the theatre of the Prime Minister’s late-night declaration in Strasbourg, nothing has changed.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

Does my right hon. Friend agree that the critical issue here is that the Conservative party cannot countenance a trading arrangement that puts both Northern Ireland and Ireland and the European Union in the same trading arrangements, so whether it is today or next week or the end of this month or May or at any time, that party opposite cannot bring forward a Brexit that people can agree on?

[Jeremy Corbyn]

It is clear that this Government delayed the vote from 11 December, then were found in contempt of Parliament for refusing to release legal information, then broke the record for losing a vote in Parliament, and now have come back to the scene of previous disasters with exactly the same proposal, and I earnestly hope the House tonight rejects the agreement that the Prime Minister has brought to us.

The Prime Minister has also attempted to convince Labour Members of this House about an equally empty promise on workers’ rights. She said last week in her speech in Grimsby that being aligned with the European Union on workers’ rights would mean that if it lowered its standards, we would have to lower ours. It is simply not true. European Union standards are a floor, not a ceiling: if the EU chose—I hope it never would—to reduce those minimum standards, that would not compel the UK to lower its standards. It is important to clarify that point because I am sure the Prime Minister had no intention of misleading anyone when she made it. However, being aligned to those standards means that if the minimum improved the UK would be compelled to improve, and indeed I would want us to go much further than the EU on many workers’ rights.

[Caroline Flint (Don Valley) (Lab)]

My right hon. Friend and I share concerns about how we protect workers’ rights as we move forward and leave the EU, which I know he respects because he respects the outcome of the referendum of 2017— [Interruption.] The general election of 2017, but also the referendum of 2016: two public votes that came to the same outcome. Does my right hon. Friend agree with me that when we voted on the deal in January we did not have an assurance that, in moving forward, we would have the opportunity in this House in the future, by law, to ensure that if the EU raised standards in health and safety and employment rights, an amendable motion would be brought to this House under which we could vote to support that increase, and not only that but go further than the EU? That is different from what we had in January, isn’t it?

[Jeremy Corbyn]

Having a vote in Parliament on a potential improvement of rights is obviously a chance we would have to improve those rights, but it is not legally binding so as to defend those rights or to ensure there is dynamic alignment, not only on rights at work but also, very importantly, on environmental protections and consumer standards. So we are very clear that there must be dynamic alignment, and the EU basis is a floor from which I personally would want us to go much higher. A Labour Government would obviously go much further in all those areas.

This was a bad deal in December when Labour decided to vote against it, it was a bad deal in January when it was rejected by the largest margin in parliamentary history, and it is the same bad deal now. We will be voting against this deal tonight for the reasons we set out when replying to the debate in December. It is a bad deal that will damage our economy, undermine our industries, irreparably harm our manufacturing sector, risk our national health service, damage our public services and harm our living standards, because it opens up the possibility of a race to the bottom—a bonfire of rights and protections. It provides no certainty on trade and customs arrangements in the future and risks people’s living standards.

[Mark Pritchard]

The Leader of the Opposition and I get on personally—we have a Shropshire bond, as he knows—but may I just say to him that I think he is making a very unconvincing case, perhaps because for most of his political life, which I respect, he was a Brexiteer, and in his heart of hearts he is still a Brexiteer, but he has mostly a remain party behind him? Is this not the worst example today of pure politics—the pursuit of power and putting his party’s interests and, dare I say it, possibly his self-interests ahead of the national interest?

[Jeremy Corbyn]

Oh dear, this will be so disappointing to the people of Shropshire, it really will; I can’t believe he just said that.

What we put forward in the referendum campaign was a principle of remain in the European Union and reform. The result did not go that way; it went the other way. We have spoken up for the people of this country, who are frightened of job losses and frightened of the future for their industries and their communities. That is why we put forward what I believe to be a credible, sensible series of alternatives.

For the very reasons we set out in our letter to the Prime Minister of 6 February we believe there should be a permanent and comprehensive UK-EU customs union, close alignment with the single market, and, as I explained to my right hon. Friend the Member for Don Valley (Caroline Flint), dynamic alignment on rights and protections, as well as clear commitments on participation in EU agencies and funding programmes and, finally, unambiguous agreements on the detail of future security arrangements. That is because we want a Brexit that protects jobs, the economy and our industries, and those industries are suffering—no doubt about it. Growth is slowing, manufacturing is now mired in recession, investment is drying up, jobs are going, and thousands of workers fear for their future. The stress facing workers—EU nationals in the UK and indeed British nationals in Europe—is real; I met a group in Spain a couple of weeks ago who told me of their concerns, and they were pleased that we supported what is known as the Costa amendment.

We are deciding the future of our country. Each Member has to answer whether they believe this deal is good for their constituents. If this deal narrowly scrapes through tonight—I don’t think it will—we believe the option should be to go back to the people for a confirmatory vote on it. But we do not believe it should go through.

While there have been no calculations of the economic impact of the actual deal in front of us—something that should shame this Government—there is an estimate of the Chequers deal, which included a promise of “frictionless trade”, which the Prime Minister failed to deliver. But still, even with that more favourable outcome, the Government estimate that their own deal would make our economy and the people of this country worse off.

The documents in front of us offer no clarity.

[Geraint Davies (Swansea West) (Lab/Co-op)]

Does my right hon. Friend agree that people who voted leave in Swansea and elsewhere voted for more money, for more jobs, for more trade and for more control, and they are getting none of them, and they will not even get any guarantees on environmental protections? So how can we vote in good faith on behalf of leavers for this shoddy deal?

[Jeremy Corbyn]

However people voted in the referendum, they want some certainty of their future: they want some certainty of their jobs, they want some certainty surrounding their trade.

[Mr Kenneth Clarke]

As the right hon. Gentleman knows, I rather agree with him on the broad principles he sets out for our final aspirations and long-term goals, and indeed I voted with him in this House the last time he put the principles forward, but earlier he was giving his reasons for voting against the withdrawal agreement tonight, yet actually none of the things he mentioned had anything to do with the withdrawal agreement. Can he explain what his objection is to the deal we have on citizens’ rights, what his objection is to the agreement on the money we owe, and what on earth is his objection to the Irish backstop that leads him to put the whole thing in peril if he actually does carry out his threat to vote against it tonight?

[Jeremy Corbyn]

I was grateful for the support of the right hon. and learned Gentleman in the last Division that we had on this subject. Indeed, we had a very pleasant chat during that vote. I was pointing out that the Prime Minister had set herself a series of objectives and that she had not met any of them. She has brought back exactly the same deal and expects us to vote on it again. I hope that the House rejects it.

[Mrs Helen Grant]

Will the right hon. Gentleman explain why he has refused to accept repeated offers of meetings with the Prime Minister at such a vital time?

[Jeremy Corbyn]

I met the Prime Minister in December to discuss the arrangements by which we would have debates on this whole process, and we absolutely agreed that the vote would take place on 11 December. It did not take place, because the Government decided to delay it, which made the situation worse. So we did have a meeting, and I presented the Prime Minister with a copy of my letter along with our proposals. Members of my team have also had meetings with their opposite numbers, so there have been meetings. The reality is that the Prime Minister is stuck in a groove and believes that only her deal is the thing that should be voted on. She was not listening to what we were saying or to what was included in our letter. That is really the problem.

The documents in front of us offer no clarity and no certainty. The political declaration says clearly that this could lead to a spectrum of possible outcomes. The 26 pages of waffle in the political declaration are a direct result of two things: the Prime Minister’s self-imposed, utterly inflexible and contradictory red lines, and the Government’s utter failure to negotiate properly, to engage with Members of this House or to listen to unions and businesses.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

Further to the contribution from the Father of the House, may I ask my right hon. Friend to clarify the view expressed in the joint statement that there is an important link between the withdrawal agreement and the political declaration, because although they are of a different nature, they are part of the same negotiated package? Does he agree that there are significant objections, particularly on this side of the House, to the political declaration as well?

[Jeremy Corbyn]

Indeed, and of course the political declaration is not a legally binding document. It is a declaration, and no more than that. I share my hon. Friend’s concerns about much of it, and about the changes that need to be made to it. This is another reason why we should be rejecting the Prime Minister’s motion this evening. It is simply not good enough to vote for a blindfold Brexit, so we will vote against this deal tonight and I urge all Members to do so.

We only have this vote tonight—just as we only had the same vote on the same deal in January—because Labour Members demanded from the very beginning that Parliament should have a meaningful vote. I want to pay tribute to our shadow Brexit team, our shadow International Trade team, our shadow Attorney General and our shadow Solicitor General, who have done so much to ensure that Parliament has proper scrutiny over this process. The European Union (Withdrawal) Bill started out with Henry VIII powers that would have ridden roughshod over Parliament and over our ability to hold the Executive to account. It was the actions of our Front Bench, our teams and our Back Benchers that forced the situation so that we could have a meaningful vote in Parliament; otherwise, this would not have happened. The right to that scrutiny, to hold the Government to account and to ensure the interests of our constituents is absolutely vital. It is something that I have exercised to the full in my time in this House.

I believe that there is a majority in this House for the sort of sensible, credible and negotiable deal that Labour has set out, and I look forward to Parliament taking back control so that we can succeed where this Government have so blatantly failed. There are people all around this country at the moment who are very concerned about their future, their communities and their jobs. EU nationals are concerned about their very right to remain in this country, as is the case for British nationals living across the European Union. Parliament owes it to all of them to get some degree of certainty by rejecting the Prime Minister’s proposal and bringing forward what we believe to be a credible set of alternatives. Parliament should do its job today and say no to the Prime Minister.

--- Later in debate ---

[The Prime Minister]

On a point of order, Mr Speaker. I profoundly regret the decision that this House has taken tonight. I continue to believe that by far the best outcome is that the United Kingdom leaves the European Union in an orderly fashion with a deal, and that the deal we have negotiated is the best, and indeed the only, deal available, but I would like to set out briefly how the Government mean to proceed.

Two weeks ago I made a series of commitments from this Dispatch Box regarding the steps we would take in the event that this House rejected the deal on offer. I stand by those commitments in full. Therefore tonight we will table a motion for debate tomorrow to test whether the House supports leaving the European Union without a deal on 29 March. The Leader of the House will shortly make an emergency business statement confirming the change to tomorrow’s business.

This is an issue of grave importance for the future of our country. Just like in the referendum, there are strongly held and equally legitimate views on both sides. For that reason I can confirm that this will be a free vote on this side of the House.

I have personally struggled with this choice, as I am sure many other hon. Members will. I am passionate about delivering the result of the referendum, but I equally passionately believe that the best way to do that is to leave in an orderly way with a deal, and I still believe that there is a majority in the House for that course of action.

I am conscious also of my duties as Prime Minister of the United Kingdom of Great Britain and Northern Ireland, and of the potential damage to the Union that leaving without a deal could do when one part of our country is without devolved governance. I can therefore confirm that the motion will read:

“That this House declines to approve leaving the European Union without a Withdrawal Agreement and a Framework on the Future Relationship on 29 March 2019; and notes that leaving without a deal remains the default in UK and EU law unless this House and the EU ratify an agreement.”

I will return to the House to open the debate tomorrow and to take interventions from hon. Members. To ensure that the House is fully informed in making this historic decision, the Government will tomorrow publish information on essential policies that would need to be put in place if we were to leave without a deal. These will cover our approach to tariffs and the Northern Ireland border, among other matters.

If the House votes to leave without a deal on 29 March, it will be the policy of the Government to implement that decision. If the House declines to approve leaving without a deal on 29 March, the Government will, following that vote, bring forward a motion on Thursday on whether Parliament wants to seek an extension to article 50. If the House votes for an extension, the Government will seek to agree that extension with the EU and bring forward the necessary legislation to change the exit date, commensurate with that extension.

But let me be clear: voting against leaving without a deal and for an extension does not solve the problems that we face. The EU will want to know what use we mean to make of such an extension, and this House will have to answer that question. Does it wish to revoke article 50? Does it want to hold a second referendum? Or does it want to leave with a deal, but not this deal? These are unenviable choices, but thanks to the decision that the House has made this evening, they are choices that must now be faced.

[Jeremy Corbyn]

On a point of order, Mr Speaker. The Government have been defeated again by an enormous majority, and they must now accept that their deal, the proposal that the Prime Minister has put forward, is clearly dead and does not have the support of the House. Quite clearly, no deal must be taken off the table—we have said that before and we will say it again—but this does mean that the House has to come together with a proposal that could be negotiated. The Labour party has put forward that proposal, and we will do so again, because the Prime Minister carries on threatening us all with the danger of no deal, knowing full well the damage that it would do to the British economy. This party will again put forward our proposals on a negotiated customs union, access to the market and the protection of rights. We believe that there may well be a majority for them, but there will also be the potential to negotiate on them. The Prime Minister has run down the clock, but the clock has run out on her. Maybe, instead, it is time we had a general election so that the people can choose who their Government should be.

[Ian Blackford]

On a point of order, Mr Speaker. This is a humiliating defeat for the Government this evening, and this deal should not come back again in any way, shape or form. People will once again be looking at this Parliament and this Government in despair. The next few days will provide the opportunity finally to take some essential steps. Tomorrow, we have the opportunity to vote to block any attempt to leave the EU without a deal, and the Prime Minister must act—as the Prime Minister, not as the Tory party leader—to bring her party into line to prevent the UK from being dragged off a cliff by voting against a no-deal Brexit.

It is the duty of the Prime Minster, and of the Government, to act in all our national interests, and that means ruling out no deal. Then, we in the Scottish National party will be prepared to engage in discussion with the Government on securing an extension to article 50 that is long enough to enable this issue to be put back to the people. This afternoon, the First Minister of Scotland told the Prime Minister that in the event that the deal was voted down again, we would engage constructively on sensible proposals. Those proposals must include another EU referendum. Mr Speaker, can you advise me on what options are open to the House to bring such proposals forward swiftly in the interests of time? We have a responsibility to end the uncertainty for all our constituents and all our businesses.