UK’s Withdrawal from the EU Debate
Full Debate: Read Full DebateKeir Starmer
Main Page: Keir Starmer (Labour - Holborn and St Pancras)Department Debates - View all Keir Starmer's debates with the Department for Exiting the European Union
(5 years, 6 months ago)
Commons ChamberI rise to support amendment (a) in my name and that of the Leader of the Opposition. The Secretary of State ended by saying that we have to “hold our nerve”, but he was all over the place this afternoon on all the important issues.
It is obvious—obvious—what the Prime Minister is up to. She is pretending to make progress while running down the clock: a non-update every other week to buy another two weeks of process, and inching ever closer to the 29 March deadline in 43 days’ time. We should not be fooled. Let us look at the history of recent months and set it against the exchanges today. The Prime Minister pulled the meaningful vote on 10 December, promising to seek further reassurances on the backstop. She feared a significant defeat, and it was obvious that the backstop was the problem way back then, as it had been through the autumn. That was 66 days ago, and there were then 109 days until 29 March.
I will in a minute.
And the Prime Minister returned with nothing—warm words in the margins of the EU summit in December, and a letter, coupled with a statement about Northern Ireland, that simply repeated already existing commitments. That is what she came back with. The meaningful vote was then put on 15 January, and it was lost heavily. That evening, the Prime Minister stood at the Dispatch Box and promised to explore ideas with the European Union, following cross-party talks on how to proceed. That was 30 days ago, and there were then 75 days until 29 March.
Will the right hon. and learned Gentleman give way?
I will in just a minute.
Two weeks after that, on 29 January, the Prime Minister voted for the so-called Brady amendment.
Will the right hon. and learned Gentleman give way?
I will give way in just a minute.
The amendment called for the backstop to be replaced with alternative arrangements. It was extraordinary: a Prime Minister voting to support her own deal only on condition that it is changed—conditional support for her own deal. Nobody prepared the business community for that, and nobody prepared Northern Ireland or EU leaders for that. Anybody who has spoken to businesses, been to Northern Ireland or spoken to political leaders in the EU in recent days knows that, by three-line whipping her own MPs to vote against the deal she negotiated, the Prime Minister has lost a good deal of trust in the process.
Can the right hon. and learned Gentleman not understand the nonsense of his own argument? He suggests on the one hand that the Prime Minister is trying to run down the clock, and then he lists the various occasions when she has attempted to stop the clock, get a deal and exit the European Union.
I am grateful for that intervention: I think the hon. Gentleman has missed the point. The Prime Minister has spent weeks—[Interruption.] The hon. Gentleman wants an answer and then interrupts while I am trying to speak. The Prime Minister has spent weeks and weeks trying to negotiate changes to the backstop—it started way before the vote was pulled on 10 December, and it has gone on ever since—and she has got absolutely nowhere.
Will the right hon. and learned Gentleman give way?
I will just make the next point and then I will give way.
The idea that the vote on 29 January for the Brady amendment gave clarity is for the birds. The Government united around a proposition that they want an alternative to the backstop, but uniting around an alternative that means different things to different people does not get anybody anywhere, and that is the central problem.
I will in just one minute.
On Tuesday, in another non-update from the Prime Minister, she said what she wanted on the backstop and listed three things: a time-limited backstop; an ability unilaterally to end the backstop; or alternative arrangements. That is how she put it. The first two of those have been repeatedly ruled out by the EU for months, and there is no sign of any movement. The Secretary of State, from his discussions in Brussels in recent days, knows that very well—there is no room for a move on those two fronts.
I will in just a second.
The third option—alternative arrangements—remains undefined, and when the Prime Minister is pressed, either here or in Brussels, about exactly what she means, she does not say. The Malthouse compromise and the answer the Secretary of State gave about it give the game away. If that was a serious proposition and the Government were engaging with it, they would adopt it as policy and put resource into it, but they are not doing so. What signal does that send to Brussels about what the Government really think about the Malthouse compromise?
May I commend the right hon. and learned Gentleman for his courage and bravery in standing up for his own alternative arrangements, which of course include a second referendum? I just wonder how he is getting on with that in his own party. More importantly, does he believe a second referendum would increase or decrease investor and business confidence in the United Kingdom?
I am grateful for the concern, and I am getting on fine, thanks very much. I will tell the hon. Gentleman and the House one thing on business certainty. I have been talking to hundreds of businesses across the country. Even in the last 10 days, I have been in Belfast, Cardiff, Birmingham and Dublin talking to businesses. What they are most concerned about is the uncertainty of the situation that we are in now, and all of them would welcome anything that prevents a no-deal Brexit.
Are not all these meetings and activity that my right hon. and learned Friend is outlining, when it comes to these alternative arrangements, really just a repetition of the Brexit unicorns on no hard border that we have heard time and again? The reality is that the Government’s strategy on this is the same as it has always been, which is the desperate hope that Chancellor Merkel will come to the rescue and the European Union will throw Ireland under the bus.
My right hon. and learned Friend has been talking to businesses, as I have. Does he agree that the issue of no deal is a matter not simply for 28 March, but for now? Exports can take six weeks and companies need to make decisions now about how they are planning to trade.
I do agree with that. One of the things that saddens me most from the discussions I have had in the last two or three weeks—the Secretary of State and others who have had such discussions know exactly what is being said—is that decisions are having to be made because of the fear of no deal. Such decisions are being triggered, but the chilling bit from the discussions I have had is that some of those steps are now irreversible. This is the first time we have come to that point.
Is not the thing this House has to understand that the backstop is there in case the Malthouse compromise turns into the Malthouse fantasy—if all the technologies are technological fantasies —and that Europe cannot give up on the backstop just because of all the wishy-washy promises from the UK Government? The EU has to stick with it, and Conservative Members just do not understand that.
The EU has been very clear about the backstop. It is to be observed that there are hon. Members working on the Malthouse compromise, but it is equally to be observed that the Government have not adopted it as their policy position.
I will just make a bit of progress on this point.
So it goes on, and so it will go on. The simple and painful truth is this: if there had been a viable alternative to the backstop, there would never have been a backstop. The negotiating parties, as everybody knows, searched for months for that elusive alternative. If there had been an alternative, the Prime Minister would never have signed up to the backstop and neither would the EU. They searched and they searched, and they did not find it, and everybody who has observed the negotiations knows that. The chances of a breakthrough now, in 43 days, seem to me to be slim.
The right hon. and learned Gentleman is making a powerful point, as always, about the ineptitude of this Government. We know that there is not a whole lot of love, even on St Valentine’s Day, for the Government’s deal—we know that—and we know that we are in danger of crashing off the cliff edge, with the damage that that will cause, and he is right to highlight it. Will he back our amendment (i), which very simply asks for an extension of no less than three months to ensure that we can avoid such a no-deal Brexit?
I have sympathy with the point that we will need an extension to article 50 sooner or later, whether a deal goes through or not, and that the question is what is the right binding mechanism for doing that. We will support measures proposed by others on that issue in due course, and I will return to that point.
The right hon. and learned Gentleman is being generous with his time. In contrast to what he just claimed, the Secretary of State’s point was admirably clear. A good deal is preferable to no deal, but if there is no deal we will leave the EU on 29 March on those terms. Labour Members have an unfortunate habit of taking everything that the EU says as gospel, which is clearly not the case, and they ignore the fact that the EU could write the textbook on 11th-hour deals. Have some optimism in the ability to achieve a deal.
As for the Prime Minister taking us out of the EU on 29 March this year without a deal—we’ll see about that. I do not think that the majority in this House will countenance that; I think the majority in this House will do everything they can to prevent it. Having worked with the Prime Minister when she was Home Secretary and I was Director of Public Prosecutions, I know that she has a deep sense of duty. Deep down, I do not think that this Prime Minister will take us out of the EU without a deal on 29 March, and that is the basis on which we should be having this discussion.
My right hon. and learned Friend is right in what he says about business and the need for clarity, and it is clear for all to see that the Government will need to apply for an extension to article 50 to avoid no deal, or even if there is a deal. The reason they are not doing so, and the reason why the Brexit Secretary is not saying what he should to give certainty to business, is that the Conservative party will not face down the party within a party that is the European Research Group. Face those people down!
I am grateful for that intervention, and my right hon. Friend puts his finger on it.
Is my right hon. and learned Friend as astonished as I am that we have a Prime Minister and Government who are willing to take this reckless gamble with the future prosperity of our country, just to keep their rotten party together?
I will make some progress. I have taken a lot of interventions, and I will take some more in a minute. My simple point, which I stand by, is that both sides have been searching for this alternative for most of the negotiations, and certainly since the phase 1 agreement in December a year ago. People have been searching for an alternative and they have not found it. If they had found it, we would not have a backstop. The likelihood of them finding that alternative in the next few weeks seems to me very slim, and even if they do, the chances of the deal getting through, with everything that has to follow by 29 March, are even slimmer. So many pieces of legislation and statutory instruments still need to be resolved.
That exposes what is really going on—this has come out in comments from across the House—which is a Prime Minister who is running down the clock and hoping to get to March, or even the end of March. The House should remember that the next EU summit is on 21 March, and if we get real changes to the deal, that is when they are likely to be signed off. At that late stage, the plan is essentially to send the same deal back to this House as a binary choice: my deal or no deal. There might be additional words that the Attorney General can say have real significance, but it will essentially be the same deal. That is not holding our nerve; that is playing recklessly, and we must say no.
The right hon. and learned Gentleman is being extraordinarily generous in giving way. No self-respecting businessman or woman would walk into negotiations on a deal and take no deal off the table. The United Kingdom is negotiating the biggest business deal in its history. It therefore makes sense to keep no deal on the table, because we know from the history of the EU that it makes concessions at the last minute. We need to hold our nerve. If we do, then at the wire we will get a good deal in the interests of both the EU and the United Kingdom.
I do not know how to let the hon. Gentleman down gently, but let me try this: we are so patently unprepared for no deal that it is not credible. Let me give an example. There are very serious allegations against people in custody across the EU under the European arrest warrant, which goes between our country and the EU27, and vice versa. If we leave without a deal, no arrangements are in place to deal with that. The idea that we will leave in such a way is simply not credible.
I have heard the argument that if we face the truth and say that no deal is not credible, that somehow plays into the EU’s hands. We have heard that for the past two years. I stood here and said that the Government needed to publish a plan of their objectives—remember the days when they said that they could not even do that because it would give the game away and the negotiations would be over? Then they published a plan. I stood here and argued that we needed an impact assessment. What was the response? They said, “If we publish impact assessments, the show will be over. Nobody in a negotiation would do that.” I stood here and said that we needed legal advice, and we got the same argument: “If we do that, the show will be over. We will give into the EU.” Now we have the same thing with a no-deal scenario. It is not credible, and it is not going to work.
I thank the right hon. and learned Gentleman so much for giving way—I was beginning to think I had an invisibility cloak on. Just over a week ago there was a debate on a petition about extending article 50, which was signed by more than 100,000 members of the public. I spoke in that debate, which was sparsely attended, but I did not hear from the shadow Front Bencher that Labour policy is to extend article 50. Indeed, some speakers made it sound as if Labour policy was to have a people’s vote. Will the right hon. and learned Gentleman confirm what Labour is arguing for?
I am sure the question of policy is important, but I am facing the practical reality. We are 43 days away from 29 March, and no credible alternative is in sight. Either we accept that or we do not. The Prime Minister keeps coming back and giving a non-update: “I’m meeting people”—she does not say she has agreed anything—“can I have another two weeks?” We have been going on like that for weeks, and it must stop.
I am going to make some progress. Labour’s amendment is intended to put a hard stop to running down the clock. It states that on 27 February the Government must put a deal to the House for its approval, or table an amendable motion so that the House can take control of what happens next. It is essential that we do so. Businesses are saying that they cannot wait any longer. They are putting off investment decisions, and they cannot tolerate the threat of no deal. They are making and implementing contingency plans, some of which are irreversible.
The right hon. and learned Gentleman is making a strong point about the perils of no deal. Does he agree that the Government’s position on no deal is not just criminally reckless, it is also plain stupid? The EU knows as well as we do that a no-deal scenario would hurt us an awful lot more than it would hurt it. Threatening to put a gun to our own head is not a clever negotiating strategy.
I agree and I am grateful for that intervention. That is really the point. If it is not credible that we can leave on 29 March without a deal, and it is not, it is actually not a negotiating stance at all. It has never been seen in that way and it does not work. It is just farcical to suggest that we have to keep up the pretence that we are ready because then the EU will back down. It is ridiculous.
Let us put some detail on this. We have heard the warnings from Airbus and Nissan about future jobs and investment in the UK. Yesterday, Ford, another huge UK employer, said that no deal would be
“catastrophic for the UK auto industry and Ford’s manufacturing operations in the country”,
and that it will
“take whatever action is necessary to preserve the competitiveness of our European business.”
The right hon. and learned Gentleman is right to say that business wants certainty—he has made big play of that—but it was the CBI, the Federation of Small Businesses and GE Aviation in my constituency that said, “For goodness’ sake, back the Prime Minister’s deal.” He did not do that. He must understand that in failing to do so he and the Labour party become complicit in a crash-out.
Well, I am not going to take that lying down for this reason: on the Government Benches, did they vote for the deal on 29 January? [Interruption.] Hang on, hear me out. The answer to that is no. Anybody who voted for the Brady amendment was saying that it is conditional on change, so do not lecture anybody else about voting for the deal. Even the Prime Minister says, “On reflection, I’m not voting for my deal unless there are changes.” The hon. Gentleman really cannot throw the challenge across the House and say that the Opposition have to support the unchanged deal but the Prime Minister wants it changed.
Some on the Government Benches will casually dismiss the threat of job losses as “Project Fear.” It is not “Project Fear”—it is “Project Reality.” It is the jobs and livelihoods of those we represent that are at stake.
I am going to make some progress and then I will give way again.
Therefore, we need to take whatever steps are necessary to prevent a no-deal exit. Two weeks ago, this House voted to approve the amendment tabled by my hon. Friend the Member for Birmingham, Erdington (Jack Dromey) and the right hon. Member for Meriden (Dame Caroline Spelman). That was hugely welcome and it is just as binding on the Government as what else was passed that evening—you can’t choose one part and not the other. It showed what the Opposition have always said: there is no majority in this House for a no deal.
I have listened carefully today. In defence of the Secretary of State, he has made it quite clear that the Government’s policy, if it comes to it and the deal does not pass in the week beginning 25 March, is to leave with no deal. Is the right hon. and learned Gentleman clear in his mind what his party’s position will be in the same circumstances?
I am. Happily, we discussed that at our party conference and agreed unanimously—something I do not think happened at the hon. Gentleman’s party conference—[Interruption.] He knows very well what it is. It is to vote on the deal; if the deal does not go through, to call for a general election; and if that does not happen, there are two options: a close economic relationship and a public vote. We committed at our party conference to ensure we take whatever steps are necessary to avoid a no-deal exit and we will do so.
Excuse me, I have a bit of a head cold. The amount of white flags being thrown would give anyone a head cold. Can the shadow Brexit Secretary confirm that the Labour party’s position is that there must be legally binding changes to the withdrawal agreement on the backstop? That is the same position as that of DUP Members.
The position of the Labour party is that we have concerns about the backstop. [Interruption.] This is a very serious point and I intend to answer it. I have not yet met anybody who does not have concerns about the backstop, both here and in Brussels, but we also recognise that, at this stage, with the article 50 window all but closed, we need a backstop, and it is inevitable that we need a backstop. That is our position.
I thank the shadow Brexit Secretary for allowing me to intervene on that very important point. He is very knowledgeable about Northern Ireland and is a great friend to Northern Ireland. He will recognise the importance of the backstop to the people of Northern Ireland and indeed across the United Kingdom. There seems to be some confusion about what the leader of the Labour party says about the backstop and what he, the shadow Brexit Secretary, says. I think the people of Northern Ireland—indeed, this House—are entitled to clarification from the right hon. and learned Gentleman about what exactly the position of the Labour party is on the backstop.
I am grateful for that intervention. As the hon. Lady knows, I worked in Northern Ireland for five years with the Northern Ireland Policing Board. I know how deeply this is felt in Northern Ireland across all communities. I was there for two days last week. I made the point there that, although we have concerns about the backstop, we do accept that there must be a backstop, it is inevitable and that, therefore, notwithstanding those concerns, we support a backstop. That is very important.
I thank the right hon. and learned Gentleman for giving way because I actually find that I agree with a great deal of what he is saying. He is saying that leaving with no deal would bring huge consequences for our economy and we should not countenance it. He is also saying that within the withdrawal agreement he sees the need for a backstop. I have listened closely to what he said before: that he also agrees on the elements about needing a transition period and certainty on citizens’ rights. Given that he now appears to agree with everything that is in the withdrawal agreement, why will he not vote for it and what more does he need?
I am not sure the hon. Lady carefully read the proposition we were voting for on the meaningful vote. It was the withdrawal agreement and the political declaration taken together. The statute requires them to be taken together, because we cannot read the withdrawal agreement without reference to the political declaration and vice versa. What I have said about the backstop is important and it is important I say it for the whole of the United Kingdom, but particularly for people in Northern Ireland, and I stand by it.
Is the right hon. and learned Gentleman able to clarify in plain English at what point the Leader of the Opposition will unequivocally back a people’s vote?
The policy we have adopted is clear about what the options are. What we are trying to do today is to put a hard stop to the running down of the clock. That will enable options to be considered in due course. I hope that will happen. When they are considered, we will take our position and we will see where the majority is in the House.
The backstop is taking up a lot of the discussion today because it is incredibly important. May I remind my right hon. and learned Friend that, in the debates leading up to the meaningful vote, concerns about trade were mentioned three times more than the backstop? Can I encourage him to move on now from the backstop and talk about all the other problems that Members across the House have with the deal?
I am grateful for that intervention. One of the central problems in all this is that the political declaration is 26 pages long, it is vague in the extreme and simply talks about a “spectrum” of outcomes. The main theme of the political declaration is that the extent of any checks at borders will depend on the degree of alignment; therefore, there is a spectrum of outcomes. I think that we all understood that within hours of the referendum. That is why there is all this pressure on the backstop—because the political declaration is so ill-defined.
Following my right hon. and learned Friend’s replies to the hon. Members for Bracknell (Dr Lee) and for Totnes (Dr Wollaston), does he agree that the Government have clearly rejected Labour’s offer of a less damaging Brexit, and that to wait until the end of March to activate our unanimously agreed conference policy in favour of a public vote would be far, far too late?
Just as I am about to give the answer I am asked from a sedentary position what the answer is. Perhaps those on the Government Front Bench should just listen. The position is this. As the House knows, we set out the Labour party’s position in a letter to the Prime Minister. We set out in clear terms what a close economic relationship would look like. What was written in that letter has been well received, not only in the United Kingdom, by businesses and trade unions, but by the EU and EU leaders. It is a credible proposition.
I just want to complete this point, because it is important. The Prime Minister has replied in non-committal terms—one could say that that was inevitable—and we are having discussions, as the Secretary of State says. I am not going to disclose at this stage what those discussions are about because they are, by their nature, confidential. They are ongoing, I think the Secretary of State would want them to be kept confidential—that is the only way in which they can properly be held—and there are plans for further meetings. To go back to the point raised by my right hon. Friend the Member for Exeter (Mr Bradshaw), there must come a point at which the options are clarified, reduced and voted on—I agree with that proposition—and it needs to be done before the end of March.
My right hon. and learned Friend is making some important and good points about the Prime Minister’s running down the clock, but he took that round of applause—that standing ovation—at the Labour party conference when he talked about a people’s vote with a remain option, so I have been waiting patiently for the section of his remarks in which he will perhaps dissociate himself from the remarks of the general secretary of Unite, who said yesterday that it would not be in the country’s interests to have remain on the ballot paper in a public vote. We are aware that sections in letters and remarks sometimes have a habit of being redacted by others, perhaps further up the pay chain. Will my right hon. and learned Friend assure us that at the next available opportunity we will be voting in favour of a people’s vote?
I do not think I need to associate with or dissociate from anybody on what my views are. I think they are pretty clear. As for the timetable, I have set out the order of events.
I am going to make some progress and then I will take more interventions. I have taken a lot of interventions and I am conscious that a lot of people want to speak in this debate.
Let me go back to the amendment that was passed in respect of no deal, because it was passed by a majority in this House and is just as important as the other amendment that was passed. Let us make no mistake, though: on its own it is not enough. If Parliament wants to prevent no deal, it has to take further action. We cannot be bystanders; we have to act. The simple truth of it is that we cannot declare that we are against no deal and then do nothing. The Government are failing to act, so we must act. Hence, the next step is to ensure that there is a hard stop to running down the clock.
Will the right hon. and learned Gentleman give way?
Not at the moment.
The hard stop would ensure that on 27 February the Prime Minister must either put her deal to a vote or allow Parliament to decide what happens next. Let us be clear, though: other steps need to be taken, beyond today’s amendment. They will include the Bill introduced by my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), which would provide a further safeguard against no deal and allow the House to decide whether the Government should seek an extension of article 50 if no deal has been agreed by 13 March. I hope that anyone who genuinely opposes no deal would see that by that date, 13 March, an extension would be unavoidable.
Will my right hon. and learned Friend clarify something for me? I am sympathetic to and almost supportive of the efforts of my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) and her Bill, which was introduced with good sincerity. What is the Labour party Front-Bench position, though? Were we to have an extension that went further than the three months, would my right hon. and learned Friend intend that we would participate in European Union parliamentary elections? Those of us going on the knocker this weekend ought to know.
As I have said from this Dispatch Box, so far as the extension is concerned, it obviously depends on the period and the period the EU has indicated might be available is the period till 1 July, because that would avoid involvement in the parliamentary elections. It is not our policy to participate in the parliamentary elections——[Interruption.] For obvious reasons, we will not be—[Interruption.] This is a really serious point. There is this casualness about no deal—that we can somehow, in a macho way, march off the cliff and it will all be fine; it will be so good for the country. The point is that if, by 13 March—just over two weeks before the potential for no deal—there is no deal, we have to take action if we are serious about avoiding the calamity and catastrophe of no deal. I do not mind standing up here and saying that I will take whatever steps are necessary to avoid no deal, because I will never be persuaded—never—that it is a good negotiating tactic or could possibly be good for our country.
The House will then need to debate and vote on credible options to prevent no deal. We have been clear that those options are either the close economic relationship that includes a customs union and close alignment to the single market that we set out in the letter to the Prime Minister, or a public vote on a deal or proposition that can command the support of the House. There are no other credible options remaining, and those options are miles away from the approach that the Government are currently taking. First, though, we need to stop the Government further running down the clock, put in a hard stop and allow this House to take control of the process. That is what today is about and I urge all Members to support our amendment.