UK’s Withdrawal from the European Union

Keir Starmer Excerpts

Thursday 14th March 2019 Commons Chamber

[Keir Starmer (Holborn and St Pancras) (Lab)]

I rise to support amendment (e) tabled in my name and that of the Leader of the Opposition. The Prime Minister announced two weeks ago that she would hold a second meaningful vote on 12 March; and that if that failed she would enable a vote on 13 March to rule out leaving the European Union on 29 March without a deal; and that if that succeeded, she would enable a vote on the extension of article 50 on 14 March, which is today. She was taken at her word. Had she simply done that yesterday, and tabled a simple motion to seek agreement that the UK would not leave the EU on 29 March without an agreement, she would have succeeded with a hefty majority. However, for reasons best known to herself and her advisers, she tagged unnecessary words on to her motion, causing splits, divisions and chaos on her own side, and putting further into question the ability of the Government to govern.

Today, it seems that the lessons of yesterday have not been learnt. A simple motion today seeking a mandate from this House to ask for an extension of article 50 for a length and purpose to be negotiated with the EU would pass by a hefty majority, but again the Prime Minister risks splits, divisions and chaos by tabling a motion that wraps the question of whether there should be a third meaningful vote into what should be a simple question of extension. The idea of bringing back the deal for a third time without even the pretence that anything has changed—other than, of course, using up more time—is an act of desperation.

Mr Speaker, yesterday I was offered a £50 bet on the third meaningful vote by the right hon. Member for Rayleigh and Wickford (Mr Francois), which would go to Help for Heroes. I should have taken up that bet. Perhaps he and I should now both offer £50 to Help for Heroes, because, in all seriousness, it looks as though the Government are adopting the absurd and irresponsible approach of simply putting before us the same deal again a week later, but now not even pretending that anything has changed other than that another week has been used up.

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

I am very grateful to the right hon. and learned Gentleman for giving way. Has he, like me, read the rumours in the newspaper that the Government might try to argue that there has been a material change in circumstances by changing their legal advice to take into account article 62 of the Vienna convention? Does he, like me, agree with the weight of legal opinion that they are on a hiding to nothing with that argument?

[Keir Starmer]

We wait to see what further advice the Attorney General gives, if any. I have to say, however, that the suggested nuclear option of crashing the treaty completely—bringing down citizens’ rights, the financial arrangements, the customs arrangements, the trading arrangements and so on—as the way forward came as rather a surprise. That is the reason I thought the Attorney General left it out of the advice he gave last week. To burn the whole house down to try to suspend or stop the backstop is so extreme that I would be extremely surprised if the Government rest their case next week on that basis.

[Victoria Prentis (Banbury) (Con)]

I have no idea what the Attorney General is going to say next week, but I say politely to the right hon. and learned Gentleman that in paragraph 19 he clearly makes reference to a fundamental change of circumstances. That would indicate to me that article 62 was in his mind.

[Keir Starmer]

I accept that, and it is there in that paragraph. What I am saying is this: it is a nuclear option to crash a whole treaty, including everything in it. That has consequences in international law. If you crash a treaty, you can be taken to court and challenged on it. Everything would be crashed. All the citizens’ rights that have been agreed—crashed; all the trading arrangements—crashed; the transition period—crashed. Are we really suggesting that that is the credible basis for a further meaningful vote?

[Mr Dominic Grieve (Beaconsfield) (Con)]

I agree with every word the right hon. and learned Gentleman says. This is a unicorn; it cannot happen unless so seismic a failure were to take place with the other party that it could be justified. The idea that, simply because the backstop is still in place, it could justify bringing down the whole treaty under article 62 is so far fetched that there can be no doubt, if it was ever contemplated, that that is why it was left out, because it is an unsustainable argument.

[Keir Starmer]

I could not agree more. I suspect that that is why it was left out, in any meaningful sense, from the advice last week. We will wait to see what the Attorney General says if there is a meaningful vote next week. If the idea is to bring back the meaningful vote with the suggestion that what has changed in a week is that we now know we can crash the entire treaty, we will wait for that argument to be presented, but I am not sure it will be persuasive to those whom the Government hope to get back on board with their deal.

[Joanna Cherry]

The hon. Member for Banbury (Victoria Prentis) indicated that she thinks that the article 62 option was already foreshadowed in the existing legal opinion. If she is right about that, then it will not be a change in circumstances justifying meaningful vote 3, will it? It was there already.

[Keir Starmer]

The problem with the argument is that as far as the Government are concerned the mere fact that it was available last time we voted does not appear to inhibit them from saying that it is a change of circumstances.

[Victoria Prentis]

I did say very clearly that I have no idea what is in the Attorney General’s mind at this moment, but that it seemed to me that the use of those words meant that he had at least considered article 62. He may of course wish to develop that argument much further and I look forward to hearing from him.

--- Later in debate ---

[Keir Starmer]

What I am trying to say is this: with the meaningful vote having been put once and lost heavily, and having been put again and lost heavily, I think the yearning across the House, the majority view, is that what we really need to do now, and what we are trying to do this week, is simply decide that no deal on 29 March should be ruled out. A simple proposition would have done that without all the fallout. A simple proposition today to extend article 50 would have allowed us then to press on in some form that we could agree to find a purpose and a majority.

[Clive Efford (Eltham) (Lab)]

Will my right hon. and learned Friend give way?

[Keir Starmer]

Not just at the moment, but I will in a minute.

Across the House, precisely what that model is and how we do it is secondary to the fact that we have to find a way to find a majority, otherwise the whole discussion about lengths of extension is an argument in a vacuum. If you do not know what you are doing then you do not know how long you need.

[Mr Francois]

Will the right hon. and learned Gentleman give way?

[Keir Starmer]

I will give way, because I hope the right hon. Gentleman will join me in giving that £50 to Help for Heroes—but don’t tell my wife I gambled.

[Mr Francois]

My hon. Friends have told me that the right hon. and learned Gentleman very kindly referred to me. I apologise; I had popped to the gents and that is why I missed that. I am very sorry. Mr Speaker, I do not share your iron bladder. The right hon. and learned Gentleman is right. I bet him £50 for Help for Heroes that meaningful vote 3 would be on 26 March. It is now perfectly clear from the Government’s motion that it will be before 20 March and I would now guess on 19 March —so, next Tuesday—in which case I will definitely give him £50 for Help for Heroes, a brilliant charity. For the avoidance of doubt, will he take a cheque?

[Keir Starmer]

Taking cheques from the right hon. Gentleman might be a slippery slope. In the spirit of compromise, why don’t we both give £50 for Help for Heroes?

[Mr Francois]

Done!

--- Later in debate ---

[Clive Efford]

I think the moment has passed, Mr Speaker. [Laughter.] I am going to dispense with the gambling theme.

My right hon. and learned Friend will have heard the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office try to answer the right hon. Member for West Dorset (Sir Oliver Letwin) on facilitating discussions across the House. Did my right hon. and learned Friend, like me, expect the Government to come here this morning, following their defeats last night, to talk about how they can facilitate those discussions, rather than come up with technical points to defeat an amendment that is trying to achieve that aim?

[Keir Starmer]

I am grateful for that intervention, because it follows up on a theme I was trying to advance yesterday: how we go forward from here depends on the attitude of the Prime Minister and of the Government. At this stage, what I think a majority in the House want is a Prime Minister who says, “I now recognise that my deal has been heavily defeated twice, and in the spirit of finding a way forward I will drop my red lines and come up with a process by which the House can express views as to an alternative way forward.” If we cannot do that—this is the point I was trying to make yesterday—and if the Prime Minister does not facilitate that and put that process forward, the only thing that the House can do is try to force it on her, and that has constitutional ramifications.

I am not saying that that cannot be done, and I am not saying that it should not be done. It may have to be done, but—and this is a serious point for the Government —I think it would be better if the Prime Minister were to say today that she would in fact play her part in whatever the process needs to be to find a majority. I think that would be the first step forward. I said yesterday and I say it again: I actually think that should have happened two years ago, but that is as may be. Otherwise, we risk simply setting another clock ticking that then dictates in exactly the same way what happens—whether it is months or weeks, or however long it is. If we just do this all by a clock and without a purpose, we will not get anywhere.

[Anna Soubry]

I am listening to what the right hon. and learned Gentleman is saying with great care. It seems that the Opposition’s policy has now changed again. As I understood it from his party’s conference, having failed to get its own version of Brexit through, it would then seek a general election. If that failed, it would then back a people’s vote. Now it seems that his party’s policy is to compromise with the Government to facilitate Brexit. On that basis, could he confirm whether tonight, when the vote on amendment (h) is called, Labour will be voting for a people’s vote, abstaining, or voting against?

[Keir Starmer]

I am grateful for that intervention. I have said on a number of occasions that the Labour party supports a public vote and I played a very large part in the conference motion, but today is about the question of whether article 50 should be extended and whether we can find a purpose. [Interruption.] Hear me out, it is a very serious question and a very serious challenge, and I need to answer it. The right hon. Lady will know that many colleagues, in and out of this place, absolutely supportive of the cause that she supports—namely, a people’s vote—vehemently disagree with this amendment being tabled and voted on today.

The People’s Vote campaign—it is pretty clear where it stands—has issued a formal statement of its position, today, in response to amendment (h). It says that it has made it clear that it does not regard today as “the right time” to press the case for the public to be given a final say—[Interruption.] I am just answering the question—I am answering it fully and I want to do it properly. This is the People’s Vote campaign issuing a statement in response to this amendment:

“Instead, this is the time for parliament to declare it wants an extension of”

the “article 50” Brexit deadline

“so that, after two-and-a-half years of vexed negotiations, our political leaders can finally decide on what Brexit means.”

That is the official position of the People’s Vote campaign.

In addition, this will be the first time—[Interruption.] I am going to complete this answer. This will be the first time, I think, that I have quoted Alastair Campbell from the Dispatch Box. Whatever we could or could not say about Alastair Campbell, we cannot doubt where he stands on a people’s vote. He said today that it is:

“Wrong to press @peoplesvote_uk amendment…when the issue is”

essentially about “extension. I think” it is the

“wrong time and I fear the wrong reasons”—

[Interruption.] I am going to complete the answer. [Interruption.] I am going to complete the answer. Those pressing this amendment seem to be out of step with the vast majority of co-campaigners who are campaigning for exactly the same point. They may genuinely have a difference of opinion, but we will not be supporting amendment (h) tonight.

[Anna Soubry]

Shame on you! [Interruption.]

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

I am grateful to the right hon. and learned Gentleman for giving way. We are two weeks away from leaving the European Union, as things stand. We are where we are in terms of the amendments that are in front of us today. I would not necessarily have chosen to put down the amendment in the way that it has come forward, but I say to the right hon. and learned Gentleman—our friend and colleague on the Benches beside us—that we have the opportunity with the amendment today to express the views of people in the House of Commons that we must have a people’s vote. I implore him not to stand against the amendment today, or I am afraid that Labour will be found out for what they are: a fraud. They are participating in Brexit happening if they fail to back the people’s vote this afternoon.

[Keir Starmer]

Great rhetoric, no substance. [Interruption.] Just to be clear, the amendment that the Labour party has put down today is clear that we seek an extension of article 50 and that we want to find a process to decide where the majority is and how we go forward. Our position has been clear about what we support and I have said it from this Dispatch Box many, many times—a close economic relationship based on a customs union and single market alignment and a public vote on any deal the Prime Minister gets through. That has been our position. I have said it so many times from this Dispatch Box. We want to have those options decided upon but, as the vast majority of people and Members in the House think, today is about extending article 50 and finding a way to that process. It does not rule out those amendments. It does not rule out support for those amendments and to suggest that it does is disingenuous. It is simply saying that today is about extending article 50 and moving on from there.

[Antoinette Sandbach]

Does the right hon. and learned Gentleman agree that there is great concern that elected Members of Parliament who represent the interests of their constituents have not had an opportunity to vote on a wide range of options that may lead to consensus in this House about a way forward? In fact, the Prime Minister never put her negotiating red lines to this House. It is therefore very difficult to see, without that process, how we can properly examine all the compromises that the Prime Minister keeps urging us to unite around.

[Keir Starmer]

I am grateful to the hon. Lady, because that encapsulates the problem that we have been living with for the last two years. The referendum answered the question, “Would you rather be in or out of the EU?” It did not answer the question, “If out, what sort of future relationship do you want?”, on which there are many views, ranging from a very remote relationship, looking elsewhere for trade and so on, to essentially keeping within the models that have worked reasonably well in the last half century or so. They are massively different—ideologically different—views. That is the reason why the Prime Minister should have put her red lines to Parliament. The original red lines that came out in the autumn of 2016 were not even put to the Cabinet before the Prime Minister announced them. On a question of this importance, whether someone is the Prime Minister or not, it is not good enough to shrink that decision to such a small group of people, not to open it out to the Cabinet in the first instance, and never to open it out to Parliament. That is a central point.

[Mr Ben Bradshaw (Exeter) (Lab)]

As always, I am extremely grateful for the words that my right hon. and learned Friend has to say on another referendum, but does he understand that many Opposition Members are very strongly tempted to vote for the amendment that is on the Order Paper today, partly because not all the shadow Cabinet, and sometimes, official spokespeople for the Leader of the Opposition, speak with the clarity that my right hon. and learned Friend speaks with, and people are very unsettled about that? We accept that there may be more and probably better opportunities to vote for an amendment on another referendum, such as the one in the names of my hon. Friends the Members for Hove (Peter Kyle) and for Sedgefield (Phil Wilson). Nevertheless, we have to ensure that the Labour party speaks with one clear voice on this—no more mixed messages.

[Keir Starmer]

I am grateful for that intervention. I have always tried to speak about this issue in a clear voice and I have spoken for the Labour party on it. As my right hon. Friend will know, I have had many and ongoing discussions with my hon. Friends the Members for Hove and for Sedgefield about the amendment on which they have been working. Today is not about the Labour party saying that it would not support such an amendment; today is about extension and about the process.

[Several hon. Members rose—]

[Keir Starmer]

Let me just restate this. The Labour party is supporting a public vote on any deal from the Prime Minister that gets through—there is a lock on that—but today is about a different issue. I hope that that is clear, and gives some reassurance to my right hon. Friend.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

I thank my right hon. and learned Friend for that important assurance, which is what I want to hear said consistently from the Front Bench. He always says it with great clarity, as does the shadow Chancellor. I want to hear the same from all Labour Members, because we need that public vote, for which I have campaigned repeatedly from the start.

Let me ask my right hon. and learned Friend about a different issue. He has talked about the Cabinet, and about advice and discussions. Is he aware of reports that the Attorney General has been sharing new draft legal advice, allegedly with members of the European Research Group? It is not clear that it is being shared with the Cabinet or, indeed, Members of the House. Does my right hon. and learned Friend believe that such a situation would be legal, given that such people normally say that they do not share any draft legal advice, or does he believe that the advice should be made available to all of us in the House?

[Keir Starmer]

The short answer is that I do not know whether the advice has been shared, although I remember the Attorney General asserting very strongly from the Dispatch Box that it would be quite improper to share any advice with any Member of the House unless, of course, it is shared with all Members.

[Several hon. Members rose—]

[Keir Starmer]

I have given way many times and I will now make some progress.

This debate is absolutely necessary, but it is not welcome. Applying for an extension of article 50 with 15 days to go is a hopeless end to two years of negotiation. The fault lies squarely at the Government’s door, not with civil servants and not with the House.

I touched on this point yesterday, but I want to repeat it, because it is extremely important. It is no good the Prime Minister and the Government blaming everyone but themselves for the position in which we find ourselves. To be in government is to govern, to lead, to think through what deal might secure majority support, to realise that consensus will be needed, to have a two-year strategy to ensure that that consensus is reached, and to understand that, given the deep divisions on the Government side, meaningful engagement with the Opposition from the start would have been better than blinkered intransigence. All that has been missing. I have lost track of the number of times I have complained that the Prime Minister and the Government have pushed Parliament to one side, and this week is the culmination of that failed strategy.

[Lady Hermon (North Down) (Ind)]

May I ask the right hon. and learned Gentleman, ever so gently, to reflect on the fact that what he and the Labour party are proposing to do today is causing considerable anxiety among many businesses in Northern Ireland, because they want certainty? It is also, I believe, causing considerable anxiety among the border communities. I know that the right hon. and learned Gentleman cares about that. How can he offer reassurance to businesses in Northern Ireland, and to the border communities, about what the Labour party is proposing in its amendment?

[Keir Starmer]

I am grateful, as ever, for the hon. Lady’s intervention. There is great anxiety about uncertainty, and the uncertainty exists because the Government, after two years, have come back with a deal that they cannot get through Parliament. I think that that is because the red lines were wrong in the first place, because the Prime Minister never engaged Parliament in the negotiating objectives so that she could have the majority, and because of her blinkered approach, which says, “I am going to keep ramming my deal time and again without listening to other people.” We have reached an impasse. That does create uncertainty, and it is causing anxiety both in Northern Ireland and across the United Kingdom.

The question was, what is the Labour party trying to do? This is what we are trying to do, and we are not alone: our aim is clearly shared across the House. Given the current impasse—and there is no point in anyone pretending that it is not an impasse; once you have lost by 230 votes and 149 votes, you cannot pretend that you are not facing an impasse—we are asking the Government to say, “We realise that this is an impasse, and we will now find a way in which to establish what the majority view is, so that we can move forward.” But they will not do it, so what we are proposing—

[Several hon. Members rose—]

[Keir Starmer]

No, I will not give way. I am going to finish my answer.

What we are proposing is that we extend article 50 and, as soon as we can, identify a mechanism or process—and we should be open-minded about what it will be—that will enable us to find out what the majority in the House want, because otherwise we will not find that majority. We have repeated time and again the two proposals for which we have always argued, the proposals for a close economic relationship and a public vote, but we have to listen to Parliament.

[Several hon. Members rose—]

[Keir Starmer]

I am going to make some progress.

Here we are, with 15 days to go, and the extension of article 50 is a necessity, not a choice. It is the only way in which we can try to prevent ourselves from leaving without a deal on 29 March, and that is what our amendment seeks to achieve.

It is important for us to identify a purpose, and the first purpose is to remove the 29 March cliff edge. We cannot simply vote against no deal, as we did last night, and then take no further action. I have said repeatedly that this should have been done weeks ago rather than being left to the last minute, and that the sooner it is done, the better. Parliament must act today, and instruct the Government to seek an extension of article 50. However, we do need to begin the debate about the wider issues. The extension should be as short as possible, but it needs to be long enough to achieve the agreed purpose.

I listened to the earlier exchanges about EU elections. Let me make it clear that the Labour party does not want to be involved in those elections. There are at least three different views, both here and in Brussels: I know that, because I have been discussing this issue in Brussels for six months. One view is that we cannot get past May without participating in the elections. Another is that we cannot get past June without doing so. Another is that it might be possible to add a protocol or agreement to the treaty that would allow a long extension without EU elections. All three opinions are circulating here and in Brussels, and lawyers are putting their names to them.

We must decide, as a House, what we are requesting extra time for. The Government must then go to Brussels and seek an extension for the agreed purpose, and engage in discussion and negotiation about how long it should be. The one thing that we should not do is just set the clock running and say that that will dictate everything that happens from here on.

[Sir Oliver Letwin]

I agree with the right hon. and learned Gentleman wholeheartedly. Is not the whole experience of dealing with the EU—not just on these matters, but for many years—that because it is a treaty-based organisation, politics and law are much more closely aligned than they are in this country, for example? It is perfectly possible for the members of the European Council, acting as member states, to make decisions that actually become effective. Even if some set of lawyers within the apparatus happen to think it rather odd at first, they adapt themselves to it with heroic adaptability.

[Keir Starmer]

I absolutely agree. The right hon. Gentleman has probably—like me—been having those conversations with lawyers, officials and politicians across the 27 EU countries. All three of those views have been expressed to me by officials and politicians, including the view that, if it were necessary to go beyond June for an agreed purpose, that could be possible without our being involved in EU elections. I do not pretend for a moment that there are not legal implications, and I do not pretend for a moment that it would be easy, but I do know that this is a discussion that could be had.

[Justine Greening (Putney) (Con)]

I strongly agree with what the right hon. and learned Gentleman is saying. Does this not underline the fact that continuing to delay a decision because the Government are not getting the answer that they want, and their own delay of crucial votes, means that we have a tendency to be overtaken by events? We clearly do not like the prospect of European Union elections, but other events may intervene to complicate the House’s ability to make decisions. We should get on with the process that will unblock the gridlock, so that we can move things forward and move our country forward.

[Keir Starmer]

I agree with the right hon. Lady. One of the frustrations is that we are now faced with arguments from the Government that the period of time for an extension must be really short for various reasons, yet they ran away from the vote on 10 December. We could have known on 11 December that this deal was never going to go through. We would then have had three and a half months left on the clock before we even got to any question of an extension, and then another three months, even on the Government’s own analysis, to try to sort the problem out. Yet here we are, with 15 days to go, having this discussion about an extension in the worst of circumstances, and we are doing it for one reason. That is that the deal that was signed on 25 November and that could have been put to the vote on 11 December was pulled. Not one word of that agreement has ever changed. All that has happened is that we have been waiting for three-plus months to vote again on the same proposition. We cannot waste another week doing the same thing next week.

[Charlie Elphicke]

I welcome the fact that the right hon. and learned Gentleman will be opposing amendment (h) tonight, and I will join him and the right hon. Member for Don Valley (Caroline Flint) in doing so. It is right that the House should send a clear message on the matter of the people’s vote. The question should be put to the House tonight, and I hope that it will be defeated so that we can move on.

[Keir Starmer]

That is not what I said. I did not say that we would oppose it. It is obvious that we are supportive of the principle; it is a question only of timing.

[Angus Brendan MacNeil]

The right hon. and learned Gentleman says that people have to be clear before the last minute, so I want to ask him a question in the interests of clarity. If other member states of the European Union were to veto an extension of article 50, what would his position be? Would he be for a no deal, or would he be for the sensible option of revocation?

[Keir Starmer]

One of the advantages of having this debate for four days running is that most of the questions and answers have been well rehearsed. I shall give the hon. Gentleman the same answer that I gave yesterday, which is that we will cross that bridge when we get to it.

[Wes Streeting (Ilford North) (Lab)]

On the subject of amendment (h), may I say, through my right hon. and learned Friend, that he has nothing to be ashamed of in how he has led our party’s position on Brexit? Yelling “Shame on you” across the Chamber does not inspire a great deal of support among Labour Members; I did not think that that was the way to build the new politics. Further to the point made by my right hon. Friend the Member for Exeter (Mr Bradshaw), there is a considerable degree of discomfort among Labour Members who support the principle of allowing the people to decide, not because of anything that my right hon. and learned Friend or the shadow Chancellor, or other leading figures, have said, but because there is not a uniform position on this on the Front Bench. In the event that a proposal on this comes forward from my hon. Friends the Members for Hove (Peter Kyle) and for Sedgefield (Phil Wilson), as I hope it will, will he clarify that this principle—which I believe is the only way to break the deadlock Brexit—will be wholeheartedly supported by the Labour leadership?

[Keir Starmer]

Yes. I thank my hon. Friend for his intervention. The point I was trying to make about amendment (h) is this. In the circumstances where the vast majority of those who are campaigning for exactly the same end think that this is not the time for that amendment, is it the case that those who are pushing the amendment genuinely disagree with their co-campaigners, or are they pushing it for another reason?

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

Given the record-breaking defeats suffered by the Government, and their abysmal failure to get a consensus, does my right hon. and learned Friend agree that amendment (e), tabled in the name of the Leader of the Opposition, and amendment (i) tabled by my right hon. Friend the Member for Leeds Central (Hilary Benn), merely provide a vehicle to arrive at consensus? Given that the Government have failed, surely that is the only way in which we can move forward.

[Keir Starmer]

I agree with that. In the end, stripping away all the amendments, the simple proposition is whether we can vote to extend article 50 today and then, between us, come up with a vehicle or model to help us to break the impasse. That is why we crafted our amendment. We have been clear that we support a close economic relationship, and we also support a public vote. We have offered, as of yesterday, to talk to people across the House to discuss those approaches. That will take time—it is not a silver bullet—but it is the responsible thing to do. It is the way out of the mess that the Government have made. The Government should listen, even at this late stage, and facilitate that process. I urge the House to support our amendment tonight.

--- Later in debate ---

[Keir Starmer]

I am sorry—I only caught the second half of the hon. Gentleman’s point; there is no discourtesy intended. If this is the point that is being put to me, I have always said that fixing a date to repeal the Act on 29 March was a mistake, because we would always need transition, and that we would need the Act to run during that transition. I have always thought that putting a date on the statute was a big mistake, for many reasons, and now we are going to have to put it right before 29 March.

[Sir William Cash]

I understand that point, but that was not the point on which we had an exchange last week. I am sorry if the right hon. and learned Gentleman did not catch what I was saying. I was asking him whether he wanted a repeal of the repeal of the 1972 Act that is contained in section 1 of the European Union (Withdrawal) Act. He indicated to me last week that he did want that. After all, the Labour party itself voted against the withdrawal Act on Second Reading and indeed on Third Reading, so we can assume that it did not want the repeal of the 1972 Act and that it is therefore committed to a course that is inconsistent with what the voters decided in the referendum. In respect of the position on both sides of the House, the United Kingdom is therefore at a dangerous crossroads in the middle of a fog.

I have done my best over the past 30 years to be consistent and to address the principles that underlie the sovereignty of this Parliament in delivering the democratic wishes of the British people through parliamentary Government, and not through government by Parliament, as is being proposed by certain Members of this House in respect of giving priority to private Members’ Bills, despite the Standing Order No. 14 requirement that Government business takes precedence. I for one believe that this Parliament can deliver the referendum vote; ensure the constitutional integrity of the United Kingdom, including Northern Ireland; fully comply with the vote to leave following the European Union Referendum Act 2015, which was passed by a 6:1 majority in this House; comply in full with the European Union (Notification of Withdrawal) Act 2017, which so many Members who are now turning into rejoiners, let alone reversers, actually voted for; and comply in full with the European Union (Withdrawal) Act 2018, which received Royal Assent on 26 June last year and which itself includes the provision for exit day to be on 29 March. I say with great respect to my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) that, as I am sure he will recall, he voted for the Third Reading of the Act.

We have had substantial debates about the backstop and, of course, the most recent advice of the Attorney General. My European Scrutiny Committee has issued a critical report of the withdrawal agreement. It came out only last week and I urge the House to read it. We have asked for, but have not yet received, a draft of the withdrawal and implementation Bill, and I say that because that Bill, if passed, would enact the withdrawal agreement in our domestic law—the law of the land. I seek to make some proposals for what would be needed in any such Bill, as enacted, in order to satisfy the fundamental issues, bearing in mind that we have only a few days to go, and to ensure that we actually leave the European Union on 29 March. Given the timescale available for the withdrawal and implementation Bill to be enacted, we can assume that it will be rammed through with virtually no time to discuss proposals that could be made by way of amendments to it. There will be no proper debate. The law of the land relating to the withdrawal agreement will be rammed through this House.

What do I have in mind? First, we must protect Northern Ireland’s constitutional status in the United Kingdom. Discussions have continued since the Attorney General’s recent advice and will continue on matters relating both to the backstop and to issues arising in international law, including article 62 of the Vienna convention, that are being further analysed by distinguished lawyers. Such matters are important and remain unresolved. I was extremely glad to hear Arlene Foster confirm this morning that that was the current position, and when that further analysis becomes available, I trust that the Attorney General will take serious note of the points made by that panel of distinguished lawyers.