EU: Withdrawal and Future Relationship (Motions)

Joanna Cherry Excerpts

Monday 1st April 2019 Commons Chamber

[Mr Clarke]

I shall be accused of bias if I give way to my right hon. and learned Friend.

I urge the Liberals to proceed on that basis, and similarly, the Scottish nationalists. I agree with them—I would much prefer to stay in the European Union—but I am afraid that in trying to give this country good and stable governance by giving steers to the House of Commons, I have compromised on that, because a huge majority seems to me to have condemned us to leaving the European Union. I have tabled motions with the Scottish nationalists and have voted with them to revoke article 50 if the dread problem of no deal seems to be looming towards us by accident, and I will again. I cannot understand why the Scottish nationalists will not at least contemplate, if they cannot get their way and stay in the European Union, voting for a permanent customs union, which will benefit business and the economy in Scotland just as much as here and is not remotely incompatible with pursuing their wider aims.

[Joanna Cherry (Edinburgh South West) (SNP)]

Will the right hon. and learned Gentleman give way?

[Mr Clarke]

As I have mentioned the Scottish nationalists, I will of course give the hon. and learned Lady the right to reply.

[Joanna Cherry]

I am very grateful to the right hon. and learned Gentleman for giving way. The reason that the Scottish National party cannot support his motion today is that freedom of movement is vital for the Scottish economy and we do not get freedom of movement without the single market—that is the reason we cannot support his motion.

[Mr Clarke]

I will vote for the single market, if it is presented in a proper way, and I would have voted for the motion in the name of my hon. Friend the Member for Yeovil (Mr Fysh) last week, had he not at the end added a gratuitous sentence ruling out a customs union. If we can get a majority for the single market, I will vote for it again.

I accept that if we pass a motion for the single market, or the motion for common market 2.0, which no doubt my hon. Friend the Member for Grantham and Stamford (Nick Boles) will move later, my motion will be subsumed, but I am not confident we will pass a motion for the single market, because although the Scot nats are attracted by freedom of movement, many of my right hon. and hon. Friends are provoked into voting against it for that very reason. Similarly, common market 2.0, which I would settle for, is probably too ambitious. Mine, then, is the fall-back position.

I hope that my hon. Friend votes for my motion, but I cannot understand the Scottish nationalists. Voting for my motion is no threat to their position; indeed, it is an insurance policy—this goes back to how I started—to make sure that we move forward and that the House of Commons gives the Government a mandate that we can then ensure they have to follow in mapping out this nation’s future. In the long negotiations over the next two or three years, questions of regulatory alignment and freedom of movement will start coming into the negotiations again; that we have committed ourselves to a permanent customs union will not compromise any of those discussions.

I have not the faintest idea why Members of the Democratic Unionist party are not supporting motion (C). If we pass motion (C), it will mean we have no tariffs or certificates of origin and that the Irish border question is pretty well solved—we will be 90-odd% of the way to maintaining the Belfast/Good Friday agreement. It would be of huge benefit to the Irish economy and Irish security and mean that the DUP’s objection to the Irish backstop—that Northern Ireland is being treated differently from the rest of the UK—vanished Pass motion (C) and it applies to the entire United Kingdom.

--- Later in debate ---

[Joanna Cherry (Edinburgh South West) (SNP)]

It is a pleasure to follow the right hon. and learned Member for Rushcliffe (Mr Clarke), the hon. Member for Hove (Peter Kyle), who has become a good friend during the course of this debacle, and the hon. Member for Grantham and Stamford (Nick Boles).

Given the mess that the Government have got the United Kingdom into, each of us who has spoken so far today is, in our own way, trying to ensure that the Prime Minister does not go naked into the conference chamber—if I can use that phrase—when she goes to the EU Council on 10 April, which is a week on Wednesday. As the Father of the House said, we must not allow no deal to happen by accident on 12 April simply because this House has failed to find a deal that a majority can get behind. As the Government Chief Whip has himself admitted, the Prime Minister’s failure, from the beginning when she lost that general election two years ago, to try to build a consensus across the House and with the devolved Governments, means that we are highly unlikely to find a deal that the House can get behind before Friday 12 April. We therefore need some sort of backstop—some sort of insurance policy against a no deal.

We also need a way to make sure that the Prime Minister honours the promise that she gave this House at the beginning of last week: that unless this House agrees to it, no deal will not happen. That is what the Prime Minister said. As we know, and as has been said already this afternoon, one thing that definitely did happen in the indicative votes last week was that 400 Members rejected the idea of a no-deal Brexit. We know there is a majority against a no-deal Brexit.

[Neil Gray]

I commend my hon. and learned Friend for her efforts in respect of her motion. She will remember, as I do, that the Prime Minister pledged that, if Parliament voted to support no deal, that would become the Government’s policy. Does my hon. and learned Friend agree that, if Parliament votes for her motion tonight, that should be the Government’s policy and there should be a backstop to make sure that no deal cannot happen?

[Joanna Cherry]

Yes, I do. That is the purpose of the motion. It is not an SNP motion, although I am absolutely delighted that all my right hon. and hon. Friends are backing it; it is a cross-party motion. It has support from members of every single party in this House, apart from the DUP. If we cannot agree a deal by 10 April, which is the date of the EU Council—everyone must see as a matter of common sense that that is highly unlikely—my motion, if it is passed tonight, will mandate the Government to ask, first, for an extension of the article 50 period. If the EU did not agree to that, the UK Government would be required immediately to table a motion asking this House to approve no deal. My motion goes on to say that, assuming the House did not approve no deal—I think that we can assume that given the many votes that there have been on the matter already—the United Kingdom Government would then be mandated to revoke article 50, before we exit the EU with no deal late on the night of 12 April.

[Kevin Brennan (Cardiff West) (Lab)]

I am very sympathetic to the idea that we need a backstop in extremis to prevent no deal from happening, but can the hon. and learned Lady explain why, later in her motion, she goes on to introduce a level of complexity and a prescriptive route? Is she really wedded to that process, or is she more flexible about how that might work?

--- Later in debate ---

[Joanna Cherry]

I am keen to get this motion passed today. I was very disappointed that some hon. Members, particularly those in the official Opposition, did not feel able to support it last week but, in the spirit of cross-party working, I am trying to be respectful of the reasons why they did not feel able to support it. Coming from the city of Edinburgh, which voted 75% to remain, and the country of Scotland, which voted 62% to remain, and representing a constituency which voted 72% to remain, I understand that it is easy for me to cross this bridge, but it is more difficult for Members in English and Welsh constituencies with different mandates.

Equally, unlike the British Government, who have failed to recognise the fact that Scotland and Northern Ireland voted remain, I am trying to recognise that other parts of these islands voted leave and that, for some people to support this motion, the door cannot be closed on the Brexit process by a revocation to prevent no deal. That is why, with the assistance of lawyers—including Jo Maugham QC who was my fellow petitioner when we took the case to the Court of Justice in Luxembourg to establish that article 50 can be unilaterally revoked—we have crafted the motion in this way. In that connection, I declare my interest in relation to the support of the Good Law Project.

[Mr Ben Bradshaw (Exeter) (Lab)]

rose—

[Joanna Cherry]

I will give way to my fellow sponsor.

[Mr Bradshaw]

Does the hon. and learned Lady agree that nobody in this House except those who positively want a crash-out, no-deal Brexit should have any problems voting for her motion?

[Joanna Cherry]

I do agree. I appeal to Members across this House. I know that 10 Conservative Members, including two junior Ministers, voted for this last week. I appeal to anyone who cares about the people who live on these islands and the economy of these islands to prevent a no deal from happening. It is no secret that I came to this House to secure an independent Scotland. That is still my primary aim, but it is not in the interests of Scotland for the Scottish economy to go down the tube with a no-deal Brexit. It is not in the interests of the English, Welsh and Northern Irish economies to go that way, and it is not in Scotland’s interests for the English, Welsh and Northern Irish economies to go that way. Make no mistake about it: if we crash out with no deal, it will be the jobs of ordinary, decent working people that go first. They are the sort of people who vote for the SNP. They are the sort of people who vote for the Labour party and we must protect them.

[Tom Brake]

Does the hon. and learned Lady agree that what she is doing today is supported by the 6 million people who signed the revoke petition—a matter that is being debated in Westminster Hall at this very moment?

[Joanna Cherry]

It is indeed, but the difference is that many people who signed that petition would like to see us just revoke article 50 now—straightaway—and that would be an end of the matter. I would quite like to see that myself, but that is not what this motion seeks to do. The motion is about using revocation as an insurance policy. In respectful recognition of the fact that the issue of Brexit will not go away if we simply revoke to avoid no deal, the motion seeks to mandate the Government to set up a public inquiry, under the Inquiries Act 2005, within three months of revocation to establish whether a model of a future relationship with the European Union could be found that would command majority support in the United Kingdom. It also says that, if that could be done, another referendum would be held on the question of whether to retrigger article 50 and renegotiate that model.

[Richard Benyon (Newbury) (Con)]

rose—

[Joanna Cherry]

I will give way in a moment, but I just want to knock on the head at this stage a myth that has been peddled by some people that, if this motion were passed, the EU would object to our revoking article 50. That is not the case. It is a misunderstanding of the judgment of the Court of Justice in Luxembourg in the Scottish case, which did not say that, once we revoke article 50, we can never issue an article 50 notice ever again. It categorically did not say that. If Members cannot take that from me, then please read the judgment of the court, which I put on my Twitter feed this afternoon.

[Richard Benyon]

rose—

[Mrs Main]

rose—

[Joanna Cherry]

I will give way to the right hon. Gentleman.

[Richard Benyon]

I am very grateful to the hon. and learned Lady. Does she agree that one of the failures of this debate, in this House and beyond, is that we do not talk about exactly what no deal is all about—what it actually means for our constituents? We talk about it in too much of a conceptual way, and we let those who are in favour of leaving with no deal get away with not going into the real details—whether on agriculture, or the 83 trade deals of which we would no longer be part.

[Joanna Cherry]

I absolutely agree. That has been one of the many failures of this process—that this House has not been afforded sufficient time to knock on the head the sort of misinformation peddled about the consequences of no deal. Fortunately, we have much independent research on the consequences of no deal and Members will find that that independent research wholly tells us that no deal would be bad for the economies of these islands, for jobs and for the living standards of people who live here. It would be to shoot ourselves in the foot and to cut off our nose to spite our face.

[Anna Soubry]

I am proud to have signed the hon. and learned Lady’s motion and I shall be voting for it tonight. My only concern is not about the motion but, if it is passed, about the consequences. Many of us, right across this House, are concerned that, whatever votes we come to and whatever majority we find, the Government will simply ignore them.

[Joanna Cherry]

We have every reason to be concerned about that. As the right hon. Lady knows, the Government have repeatedly ignored votes in this House. However, if an instruction is clear and unequivocal, as this motion is, and it is ignored by the Government, there will political consequences—we have seen that previously with a contempt motion in this House—and there could also be legal consequences. In any normal times, this Government would be long gone because of their incompetence and the multiple fiascos that we have had recently but, really, if this Government were to ignore an instruction as clear as this and plunge the nations of these islands into the economic disaster of no deal, not only would they not survive it, but the Conservative and Unionist party would not survive it.

[Mrs Main]

I am looking closely at the hon. and learned Lady’s motion. Can she confirm that, with the timelines that it outlines, voting for her motion tonight will absolutely mean voting again for European elections and having to have MEPs?

[Joanna Cherry]

We all know that, if there is any sort of a lengthy extension, there will have to be European elections. I know that there is some learned opinion to the contrary, but the weight of opinion is that there will have to be European elections. I know that that will be difficult for some people to deal with, but if that is the consequence of preventing no deal and protecting our constituents’ livelihoods—the businesses of our constituents and the jobs of our constituents—then so be it and no responsible MP could fail to support this motion tonight. There are four motions before us. I will vote for two of the other ones as well but supporting this motion does not preclude hon. Members from supporting other motions. It is not a motion about the eventual outcome; it is a motion about process and about protecting us. [Interruption.] I can see that Mr Speaker is keen to bring in other speakers. I will not take up much more time, so I will wind up to a conclusion.

For Conservative Members of Parliament, this is an opportunity to make good on the promise that the Prime Minister has already made to this House that, unless the House agrees to it, no deal will not happen. For Labour MPs, it is the opportunity to make good on the promise in their 2017 manifesto, which of course I have read, as I always do Labour manifestos, and which says:

“Labour recognises that leaving the EU with ‘no deal’ is the worst possible deal for Britain and that it would do damage to our economy and trade. We will reject ‘no deal’ as a viable option”.

This is pretty much the last chance saloon. If Labour wants to reject no deal as a viable option and put in place the insurance policy of revocation, then it really needs to do that today.

Most of all, this motion should appeal to all of us as democrats, because this decision of such importance for the United Kingdom, between revocation and no deal, ought to be one for the representatives of the people in this Parliament and not for the Prime Minister in a minority Government. That is why I have called it the parliamentary supremacy motion. Of course, in Scotland, it is the people who are sovereign and supreme, not the Parliament, but I recognise that, for all intents and purposes, this Parliament is supreme. This motion is all about taking back control and making sure that we have an insurance policy against the danger that this rather confused Government could crash us into no deal without really meaning to do so.

[Several hon. Members rose—]

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[Keir Starmer]

I will not, because I am trying to make some progress. We will support motion (E), because at this late stage it is clear that any Brexit deal agreed in this Parliament will need further democratic approval, and that is what the motion will provide. It will put a lock around any deal that the Prime Minister forces through at the eleventh hour, or any revised deal that comes about at this very late stage. It will ensure that any Tory Brexit deal is subject to a referendum lock. In other words, it upholds the principle that any such deal must be confirmed by the public if we are to proceed.

I want to finish by dealing briefly with motion (G). I understand why it has been tabled, and I have had the opportunity to discuss it with the hon. and learned Member for Edinburgh South West (Joanna Cherry) . Our focus today is on the way forward, and that is why we are supporting the three motions that I have mentioned. Motion (G) is, in a sense, a fall-back for if that exercise fails, so I understand why it has been tabled. We will not be voting in favour of it tonight, but we accept that it deals with an issue that the House will have to confront in due course.

[Joanna Cherry]

I am extremely puzzled by the right hon. and learned Gentleman’s position. We all have to compromise today. I am going to vote for motion (D), and I am on the record as having concerns about it and saying that it did not go far enough. What does he think will be the reaction of working-class voters if the Labour Front Benchers’ failure to support motion (G) means that we crash out with no deal a week on Friday?

[Keir Starmer]

As we try to find a way forward, I think it is important that we all adopt the right tone, rather than throwing around, “What will people think of this, that and the other?” We have always said that we will take whatever measures are necessary to stop no deal. The exercise that we are involved in is an attempt to break the impasse and find a way through, using the indicative process. I accept that if that fails, there will have to be an insurance exercise, but we are not at that stage yet.

[Joanna Cherry]

rose—

[Keir Starmer]

I am not going to take another intervention. I am not rejecting the principle, but I am not going to stand at this Dispatch Box and listen to Members from across the House throwing around allegations that we are not interested in this, that and the other. We are trying to have a different debate, with a grown-up tone, to find a way forward. I am prepared to engage in that, and I am prepared to accept that we will have to confront the principle, but at the moment our focus is on how we break the deadlock. If we can do that, we will be able to move on to how we progress. If we cannot do that, we will have to look at other options. That is a genuine and sincere position from someone who cares a great deal about whether we crash out without a deal.

EU: Withdrawal and Future Relationship (Motions)

Joanna Cherry Excerpts

Wednesday 27th March 2019 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

I rise with the endorsement of the Father of the House, the right hon. and learned Member for Rushcliffe (Mr Clarke), for my motion (L)—for which I am grateful to him—and that of my hon. Friend the Member for Na h-Eileanan an Iar (Angus Brendan MacNeil), who has prosecuted the issue of revocation with such vigour in the House over the past few months. I am glad to say that my motion is supported by all parties in the House. It has the official backing of the Scottish National party, the Liberal Democrats, Plaid Cymru and the Independent Group. Many Labour Members have told me that they intend to support the motion, and I hope very much that the Labour party will reconsider its decision not to whip on it.

[Angus Brendan MacNeil]

Surely anyone who has said in the House “No to no deal” must support motion (L), because it gives a mechanism to that—namely, revocation.

[Joanna Cherry]

Absolutely. If there is one thing that we can achieve this afternoon by supporting this motion, it is categorically ruling out no deal. The motion is a revocation backstop. It stipulates that if within two days of exit day we have no agreed deal and Parliament does not positively approve no deal, the Government must revoke the article 50 notice, and we will stay in the EU. But it is important to understand that revocation does not mean that we could never notify the EU of our intention to leave again. That is incorrect, as Members will see if they read the decision of the Grand Chamber in the Court of Justice of the European Union on the case that I and others brought.

[Sammy Wilson (East Antrim) (DUP)]

Will the hon. and learned Lady give way?

[Joanna Cherry]

I will in a moment, but I just want to make this clear: the motion has been carefully drafted by myself and a team of lawyers to give the Government a clear and unequivocal instruction, and it is the only way to make the Prime Minister hold to her promise that she gave this House on Monday when she said that

“unless this House agrees to it, no deal will not happen”.—[Official Report, 25 March 2019; Vol. 657, c. 25.]

This motion would achieve that. It is the culmination of cross-party work that commenced with a group of Scottish parliamentarians, including myself and other SNP parliamentarians, two Scottish Greens and two Scottish Labour MEPs and the English QC Jo Maugham, who has helped me draft the amendment. We fought the British Government all the way to the Court of Justice to establish that if the United Kingdom got into the kind of mess we are now in, it would have the right to unilaterally revoke article 50. It is important that the instruction is clear and unequivocal, because if Parliament gives the Government a clear and unequivocal instruction then, if the Government fail to follow that clear and unequivocal instruction, because it is clear and unequivocal, we would have a range of political and legal remedies to make sure they did what the democratic vote of this House was to do.

[Sammy Wilson]

I thank the hon. and learned Lady for giving way. I wanted to give her an opportunity to correct something. She said this motion had all-party support; it does not have the support of the DUP because of course we believe that, through the referendum result, the people of the United Kingdom have said what they wish, and we do not want to revoke that decision.

[Joanna Cherry]

The right hon. Gentleman will forgive me if I sometimes forget that the DUP is not part of the Government, because it very much feels like that. I am very happy to say that I can live without the support of the DUP.

This is a cross-party motion, except for the DUP, and it continues the cross-party working which got the judgment from the Court of Justice; and today is about cross-party working to try to get us out of the mess we are in.

[Lady Hermon]

rose—

[Joanna Cherry]

I am going to make some progress as I am very conscious of the time strictures.

Conservative Members of this House should support this motion because it is making good on the promise that their Prime Minister—she was still Prime Minister the last time I looked—made to the Commons earlier this week when she said that

“unless this House agrees to it, no deal will not happen”.—[Official Report, 25 March 2019; Vol. 657, c. 25.]

Labour MPs should support it because it fits with their manifesto. They said in their manifesto:

“Labour recognises that leaving the EU with ‘no deal’ is the worst possible deal for Britain and that it would do damage to our economy and trade. We will reject ‘no deal’ as a viable option”.

This motion is the only means today for Labour to fulfil that manifesto promise, and I know that the Labour party has repeatedly asked the Government to rule out no deal so I entreat them to support this motion today as the means of doing that.

[Mr Dominic Grieve (Beaconsfield) (Con)]

rose—

[Joanna Cherry]

I give way to the right hon. and learned Gentleman, who is a co-sponsor of the amendment.

[Mr Grieve]

I am grateful to the hon. and learned Lady. Does she agree that the point about this motion is that it is there in extremis? It is not there to summarily revoke article 50, but only to do it in the event of circumstances where there is no alternative and no ability to get an extension that might deliver a referendum, for example, or some other conclusion.

[Joanna Cherry]

That is exactly so, and I am very grateful to the right hon. and learned Gentleman for spelling that out so clearly and for lending his support to this motion.

Fellow Members can support this motion even if they are supporting other motions tonight. It should be acceptable to supporters of the current draft withdrawal agreement—for some reason that is not on the Order Paper today, but we might see it later in the week. If an hon. Member wished to support the Prime Minister’s deal, they could also support my motion because it is a failsafe. If an hon. Member wished to support Norway-plus, they could also support my motion because it is a failsafe. And, very importantly, those of us who wish to support a people’s vote can also support this because it is a failsafe. Also, it does not even preclude a general election, because the way the motion is worded makes it kick in on the penultimate day before exit day, which is of course a moving target at the moment; so it leaves the door open to a general election, which I know some of us would quite like to see, particularly the SNP in Scotland as we are riding so high in the opinion polls. But today is about cross-party working and democracy, because the decision that we are taking is of generational importance for the United Kingdom and it ought to be the representatives of the people of the United Kingdom in this House who decide between revocation and no deal, not the Prime Minister of a minority Government.

[Mr Ben Bradshaw (Exeter) (Lab)]

The hon. and learned Lady mentioned the spirit of cross-party working. She also asked about the Labour whipping arrangements, and I can assure her, as one of those who has signed her motion, that the Labour whip is not to oppose her motion. There is simply a recommendation to abstain, but I am sure that a number of my colleagues will be supporting it.

[Joanna Cherry]

I am grateful to the right hon. Gentleman for clarifying that and for his support, but I am puzzled why Labour Members would be instructed to abstain on this motion, as it is the only means for them to fulfil their manifesto promise. However, I will leave that to Labour Members, who I am sure will have been receiving the same amount of lobbying as I have—

[Mr Bradshaw]

I am sorry if I was not clear. It is not an instruction; it is a recommendation. That is entirely different when it comes to whipping.

[Joanna Cherry]

I am grateful to the right hon. Gentleman for clarifying that, and I feel more and more encouraged that many more Labour MPs will support the motion. I will not take up any more time; I simply want to thank all Members who have signed and supported my motion.

No-deal EU Exit Preparations

Joanna Cherry Excerpts

Wednesday 20th March 2019 Commons Chamber

[Chris Heaton-Harris]

I can confirm that we have plans for the items to which my hon. Friend has referred. Indeed, a written ministerial statement describing the details of those plans was laid nearly three weeks ago.

[Joanna Cherry (Edinburgh South West) (SNP)]

If Macron, like de Gaulle before him, says “Non” to the Prime Minister’s request for an extension, we will not get one, because there must be unanimity. Does the Minister agree that in those circumstances—as a matter of fact—the only way to avoid no deal would be to revoke article 50, which the House could do, because, contrary to what the Under-Secretary of State for Exiting the European Union, the hon. Member for Spelthorne (Kwasi Kwarteng), suggested yesterday, the House has not as yet voted on a motion to revoke it?

EU Withdrawal Joint Committee: Oversight

Joanna Cherry Excerpts

Wednesday 20th March 2019 Commons Chamber

[Kwasi Kwarteng]

Thank you. I stress that we have been very successful in restricting payments when we needed to. There is no reason to suppose that the Committee will impose swingeing penalties that we will be forced to pay without our consent.

[Joanna Cherry (Edinburgh South West) (SNP)]

As has already been drawn to the Minister’s attention, under article 174, if the arbitration panel above the Joint Committee cannot agree on a matter of law, it has to be referred to the Court of Justice of the European Union. Does not that confirm that the Prime Minister has been prepared to relax at least one of her red lines to enable binding rulings from the CJEU to be accepted after we have left the EU? Does not that show that it is possible for her to relax other red lines to try to get us out of the mess that we are currently in?

[Kwasi Kwarteng]

I disagree with the hon. and learned Lady. The terms of the withdrawal agreement relate largely to the implementation period. I remind the House that during the implementation period, we will technically be a member state. [Interruption.] During the implementation period, that is the case. After that, the CJEU will have some role in interpreting EU law, but we will be outside its jurisdiction.

Article 50 Extension

Joanna Cherry Excerpts

Wednesday 20th March 2019 Commons Chamber

[The Secretary of State for Exiting the European Union (Stephen Barclay)]

It is always a pleasure to follow the right hon. and learned Member for Holborn and St Pancras (Keir Starmer). He started his remarks by saying that the Prime Minister should be here to answer his SO24 debate, but then, slightly oddly, went immediately on to note that the Prime Minister had been here for just under an hour answering questions on the extension, in particular. Whether that, taken with two urgent questions to my Department this afternoon, an SO24 debate and much of Prime Minister’s questions also being taken up on these matters, constitutes International Day of Happiness, as the right hon. Member for Carshalton and Wallington (Tom Brake) mentioned, I leave it to others to determine.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Secretary of State might be wise to be aware of the fact that the Prime Minister’s letter to Donald Tusk was not released until after Prime Minister’s questions had started, and it was not released to this House but to journalists. Is that not the case?

[Stephen Barclay]

It is always good to take wisdom from all sources. My understanding is that the letter was placed in the House of Commons Library. On the precise timing of that, given the length of time that Prime Minister’s questions ran, I think it was probably in the Library while she was still answering questions.

--- Later in debate ---

[Alison McGovern (Wirral South) (Lab)]

I will take your advice, Mr Speaker. I have no intention of detaining the House any longer than necessary, particularly because this has possibly been the most frustrating debate that I have sat through in nine years in this House. I find myself very angry, which is not to say that it is not an honour and a pleasure to follow the right hon. and learned Member for Beaconsfield (Mr Grieve). Some people in this House say that lawyers do not make very good politicians. He just proved them wrong. I agree with so much of what he said and his analysis of what the Prime Minister has tried to do to this House.

I saw one of the protesters holding a sign outside this place last week which said, “Parliament versus the people”. Is that not the message that we heard earlier from the Dispatch Box? Is that not what was said? Are we being told that we are frustrating the will of the British people? I say, that way populism lies. If we undermine the ability of Members of this House to deliberate, listen to each other, form a view, vote and take decisions, we open the door to the kind of behaviour that we are seeing right across the developed world, and it is dangerous. We can believe in democracy and letting people have their say at the same time as recognising that this House is entitled to express its view, and when it does so, it should be listened to by the Executive. I will talk more about that later.

Today’s debate has arisen out of frustration because of astounding events overnight. The Government have decided—as they had to, because the House has not supported their proposal for how to deal with Britain’s exiting of the European Union—that now is the time to delay the exit day that they set for us. As Members have said, we received a copy of the Prime Minister’s letter to President Tusk during the House’s proceedings—we find out what is happening from the media, and then we see a copy of the letter during the House’s proceedings.

[Joanna Cherry]

The hon. Lady will recall that I put that point to the Secretary of State earlier, and he told us that the Prime Minister had put a copy of the letter in the Library at 12.10 pm. However, I have made an inquiry, and it appears that the letter was not published online by the Library until 1.30 pm. Does she agree with me that it is cynical in the extreme to put a copy of the letter in the Library when we are all in here for Prime Minister’s questions, and not to publish it online where we could look at it, until PMQs are over and the Prime Minister has left the House?

[Alison McGovern]

I do not say this very often, but thank goodness for Twitter. When we were told that a copy of the letter would be in the Library, my very able assistant, Holly Higgins, ran across to the Library to see if she could get a copy. Meanwhile, I observed on Twitter that journalists had it already. Thankfully, we were able to see it none the less, but it is cynical. It is totally cynical, as the hon. and learned Lady points out.

This is cynical behaviour because, as other Members have said very clearly, the Government are trying to bully us. They are trying to exert their will and to force us to vote for their proposal, and we know this because of what the letter says. The Prime Minister says that she intends

“to put forward a motion as soon as possible…under the Withdrawal Act…and make the argument for the orderly withdrawal and strong future partnership”.

She says:

“If the motion is passed, I am confident that Parliament will proceed to ratify the deal constructively.”

However, other Members have already said at length how convincing the vote against the Prime Minister’s proposal has been.

We know that this House does not want that proposal, and following the amendments and statements put forward by other Members of this House, we know that the House of Commons has voted conclusively no to no deal. We do not want the Government’s deal and we do not want no deal, and the Government accept that. Therefore, by definition, the Government have to change course. They need to come to this House with a different proposal. That is also necessary for the Government’s own stated objective of having a delay, because we know that the European Union does not wish to agree to a delay for no apparent purpose; it wants to see a change of course. It is that simple.

I hear what other Members have said about proposals to allow this House to express its view in some way. No doubt, we will do that, because, Lord knows, if we have demonstrated anything over the past two years, it is that this House is capable of passing amendments if it wishes to. We will express our view, but we are the legislature, not the Executive. Therefore, by simple definition, we do not have Executive power, so we need the Government to commit to changing course. We need them to bring forward proposals for how a different path will be taken. Something else that is true is that the Executive are not the legislature. They cannot tell us what to do, and they cannot force our hand simply by fiat. We have to hear from the Government what their proposals are, and then we have to vote on them—either to accept or to refuse.

In the end, we can make the policies for process, discussion and deliberation as complex as we like, but it is as simple as that. We now need a change of course from the Government that we can deliberate on, vote on and decide on. We all have a responsibility here to make our political system function as it should. If we do not, it will not just be the Government who are complicit in opening the door to populism; it will be all of us. I do not say those words lightly.

We all know the consequences of getting this wrong, so I simply beg the Government to have no more bullying of this House and no more trying to bash us into voting for a deal that we have already voted down absolutely conclusively and convincingly. Let us have no more of that, but let us have a change of course and a policy that we can support. My frustration this afternoon—in having a debate that has been dominated by reams of words on process, and has not been about the central issue of if or how we leave the European Union—is nothing in comparison to the decisions that are having to be made now, as the Secretary of State knows because he is in charge of no-deal preparations. Our frustration is nothing compared with that of individuals and businesses up and down this country having to make decisions that they do not want to take because the Government are simply unable to plot a course to help our country move on.

People in our country want us to focus on the things that really bother them, be it the desperate growth of food banks or the need for all young people in this country to have a proper chance in life. That is what they want us to focus on. I ask the Government: please change course, make a proposal, let us vote, and then let us move on.

Article 50 Extension Procedure

Joanna Cherry Excerpts

Monday 18th March 2019 Commons Chamber

[Kwasi Kwarteng]

I am delighted that my hon. Friend sees the world the way I do. In fact, the Government’s choice would have been to get the withdrawal agreement through the House and then leave on 29 March, but the House had other ideas and the deal was voted down, so we are now seeking to extend the process. I happen to think that the meaningful vote could get through—maybe next week, but who knows? But in the event that it does not, we need a way to extend the article 50 process. That is what I have been outlining this afternoon.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Prime Minister’s deal has been defeated twice by huge majorities, and Mr Speaker ruled this afternoon that it cannot be brought back without a substantial change. The EU has said that there can be no substantial changes to the deal, so the only remaining course of action short of no deal or revoking article 50 is to seek an extension, but the agreement to that extension has to be unanimous. Will the Minister therefore acknowledge that if the EU does not agree to an extension, the only course of action open to the British Government to avoid the disastrous consequences of a no-deal exit would be to revoke article 50 unilaterally?

[Kwasi Kwarteng]

We have in fact had many votes on SNP amendments to revoke article 50—

[Joanna Cherry]

We have not.

[Kwasi Kwarteng]

Or amendments to have a second referendum and all the rest of it. It is therefore unlikely that such a motion would get through the House, and it is not the Government’s intention to revoke article 50. As I have said, there is the meaningful vote—the deal—and we will then get a short extension, but if we vote it down, it will be a longer extension.

EU Withdrawal Agreement: Legal Changes

Joanna Cherry Excerpts

Monday 11th March 2019 Commons Chamber

[Mr Walker]

My hon. Friend makes an interesting point, as always. The Government have heard loudly and clearly this House’s concerns about the backstop, and they are what the negotiations are to address. I am confident and hopeful that we will come forward tomorrow with something that will allow even him to support the Government’s deal.

[Joanna Cherry (Edinburgh South West) (SNP)]

Given the mess that the UK Government are in at this eleventh hour, does the Minister think that his boss—the real Prime Minister—will ultimately be grateful for the ruling secured by myself and other Scottish parliamentarians from the Court of Justice in Luxembourg that article 50 can be unilaterally revoked and that there is a way out of this mess for the United Kingdom?

[Mr Walker]

I simply say to the hon. and learned Lady that the way forward for the United Kingdom is to agree a deal and to leave the EU with a deal.

EU Withdrawal Agreement: Legal Changes

Joanna Cherry Excerpts

Monday 7th January 2019 Commons Chamber

[The Secretary of State for Exiting the European Union (Stephen Barclay)]

In a tone that I am sure will reflect the year ahead, may I join the Leader of the Opposition in wishing you, Mr Speaker, and colleagues across the House a happy new year?

As the House will be aware, the Prime Minister today launched a new 10-year plan for the NHS, allocating an extra £20.5 billion a year in funding. I am therefore responding to this question on her behalf. I am sure colleagues across the House recognise the importance of the NHS plan.

As confirmed by the Leader of the House in her business statement before the Christmas recess, this Wednesday the House will debate a business motion relating to section 13(1)(b) of the European Union (Withdrawal) Act 2018. That will be followed by the main debate on section 13(1)(b), which will continue on Thursday 10 January and, subject to the will of the House, Friday 11 January. Discussions are taking place through the usual channels as to the proposed length of that debate and the date of the vote, but ultimately it will be a decision for this House, through the business motion, which will be voted on this Wednesday. Debate will also take place in the House of Lords on Wednesday 9, Thursday 10 and Monday 14 January.

The decision to postpone the debate last year was not taken lightly. Over the two years of negotiations, the Prime Minister won hard-fought battles—most importantly, to agree a bespoke deal, rather than the flawed off-the-shelf options initially offered. But it was clear from the three days of debate held in this House that it was not going to pass the deal and that further reassurances should be sought, particularly on the issue of the backstop.

Following December’s European Council, a series of conclusions were published that went further than the EU had ever gone previously in trying to address the concerns of this House. Over Christmas, the Prime Minister was in contact with a number of her European counterparts on the further legal and political assurances that Parliament needs on the backstop. She has been in touch with the Taoiseach, and indeed British and Irish Government officials have been in contact over the past week. Securing the additional reassurance that Parliament needs remains our priority, and leaders remain in contact. Leaving the EU with the deal that has been agreed is in the interests of both sides.

When the debate begins on Wednesday, the Government will make clear for the House what has been achieved since the vote was deferred last year. As I said when I spoke in the debate on 4 December, the deal will enable us to deliver a fair, skills-based immigration system and to have control over our fisheries policy and agricultural policies—

[Joanna Cherry (Edinburgh South West) (SNP)]

Nonsense!

[Stephen Barclay]

Unlike the Scottish National party, which wants to retain the European approach. We will have our own trade policy for the first time in more than three decades, and there will be an end to sending vast sums of money to the EU. It is a good deal, it is the only deal, and I believe that it is the right deal, in offering certainty for this country.

--- Later in debate ---

[Stephen Barclay]

With respect, it is a fairly specious argument to look at the percentage, because surely it is about the quality of the change, rather than counting words in the texts; it is not about going through the texts and asking what percentage has changed. The Prime Minister has been very clear that she is seeking further legal and political assurances. We have already covered the fact that we will explore these points in the coming days, and I look forward to having further debates with the hon. Gentleman on the matter.

[Joanna Cherry]

Today’s written statement from the Transport Secretary on the Government’s no-deal Brexit contract with the self-styled ferry operator Seaborne Freight says that the

“negotiated procurement procedure without prior publication was concluded as allowed for by Regulation 32 of The Public Contracts Regulations”.

I have been studying those regulations fairly closely, and they seem to envisage an emergency situation brought about by events unforeseeable by the contracting authority. It seems to me that it has been foreseeable by the Government and everyone in this country for some time that there might be a no-deal situation, so will the Government publish the legal advice that enabled them to proceed under regulation 32? If so, when can we expect to see it?

[Stephen Barclay]

I respect the hon. and learned Lady’s point, but the reality is that she is critical of the Government when we do not prepare for no deal and then she is critical of the Government when we do prepare for no deal. The responsible thing for a Government to do is to ensure that we have additional capacity. Given the short timescales, it was necessary to follow a specific procurement route, as the Transport Secretary has set out.

Leaving the EU: No Deal

Joanna Cherry Excerpts

Wednesday 19th December 2018 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

rose—

[Keir Starmer]

I will give way, but then I will make some progress.

[Joanna Cherry]

I am grateful to the right hon. and learned Gentleman for giving way. Let me congratulate him on achieving this important debate this afternoon. On the question of the extension of article 50, is he, like me, not hearing from interlocutors in the EU that the EU would be unlikely to grant an extension of the article 50 period for further negotiation, but that it would grant an extension of the article 50 period for either a general election or a people’s vote?

[Keir Starmer]

I am grateful for that intervention. As the hon. and learned Lady knows, I have had a number of discussions about the issue of extension with the Commission, the Council and various EU countries. The clear message from them is that the only basis for an extension would be if it was coupled with a good reason for the extension. Therefore, again, that is why we need to get on to the debate about what happens if and when this deal is voted down because these are very serious considerations.

EU Withdrawal Agreement

Joanna Cherry Excerpts

Tuesday 18th December 2018 Commons Chamber

[Vicky Ford (Chelmsford) (Con)]

I thank the Minister so much for giving way. I am deeply confused. If we are to leave with a deal, which is what the leader of the SNP in this Parliament says, then the deal needs to be voted through both in this Parliament and in the European Parliament. In the European Parliament, the members of the SNP who sit in that Parliament have voted in support of the principles of this deal time and again. Has the Secretary of State any idea why SNP MEPs support this deal, but SNP MPs appear not to?

[Joanna Cherry (Edinburgh South West) (SNP)]

On a point of order, Madam Deputy Speaker. I wonder whether you can help me. The hon. Member for Chelmsford (Vicky Ford)—[Interruption.]

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I must hear the hon. and learned Lady.

[Joanna Cherry]

The hon. Member for Chelmsford has directly and, I am sure, inadvertently misrepresented the position of the two SNP Members of the European Parliament, both of whom are personal friends of mine. I can absolutely assure her that they have made their position clear that they are against this deal. Indeed, one of them was my co-litigant in the article 50 case. I ask your assistance for the third time in a week, Madam Deputy Speaker, about how I can go about correcting misrepresentations of the facts about Scottish politics coming from the Government Benches and the Benches behind them.

[Madam Deputy Speaker]

I appreciate that the hon. and learned Lady has very cleverly made her point into a point of order by asking my advice. I say to her that, of course, she does not need my advice, as she has just taken the opportunity of her point of order to put her point on the record. It is not for me to judge whether the hon. Lady or the hon. and learned Lady are correct in their interpretation of something that has happened in another Parliament, but I am satisfied that both points of view have been put to the Chamber.