EU Exit Day Amendment

Mark Francois Excerpts

Wednesday 27th March 2019 Commons Chamber

[The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)]

I beg to move,

That the draft European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) Regulations 2019, which were laid before this House on 25 March, be approved.

First, I express my gratitude to the Joint Committee on Statutory Instruments for its report today. I do of course regret the necessity to have to introduce this instrument and would prefer that we were leaving the EU with a deal at the end of this week. I have voted on two occasions for that outcome, but the House has not. The Chancellor of the Duchy of Lancaster made it clear in the debate on 14 March that the Government would accept the will of the House and seek an extension if that was what Parliament voted for. Parliament then voted by 412 to 202 to approve a motion to seek to extend article 50. An extension has therefore been agreed with the EU and the Government are now committed to implementing it in domestic law.

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

I want to ask the Minister about a technical point. The operative paragraph of the explanatory notes that accompany the SI says that, if the House of Commons does not approve the withdrawal agreement by 11 pm on 29 March 2019—the so-called relevant time—the treaties will instead cease to apply at the earlier date of 11 pm on 12 April 2019.

[Mr Edward Vaizey (Wantage) (Con)]

He can read!

[Mr Francois]

Thank you, that is very kind. I do my best, Ed. Thanks mate.

[Mr Vaizey]

You are doing well.

[Mr Francois]

Great. I will carry on then.

The Government were meant to lay a commencement order to allow us to leave. As I understand it, they never laid such an order—I do not know whether they were ever going to. Does this SI now have the effect that the commencement order would have had? In other words, if we approve the SI and have not approved the meaningful vote, would we then leave at 11 pm on 11 April, without the need for a separate commencement order? I think the Minister understands the question.

[Mr Walker]

I do understand my right hon. Friend’s question. The answer is that a commencement order would have to be laid before the point at which we left, whatever that leaving date was. I do not think it is necessarily directly relevant to the debate on this SI, because this SI does not set the date on which we leave the European Union but reflects the date agreed in international law.

As the House will be aware, the decision adopted by the European Council, agreed to by the UK, provides for two possible durations, as my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) just pointed out: should the House approve the negotiated withdrawal agreement this week, the extension will last until 22 May; if the House does not approve the withdrawal agreement, the extension will last until 12 April.

--- Later in debate ---

[Mr Speaker]

I simply say to the hon. Lady that it is not for me to offer an exegesis of what individuals might think about our constitutional arrangements, including the use or otherwise of the royal prerogative, but she has made her own point in her own way, with some panache, and it will be studied in the record.

[Mr Francois]

Further to that point of order, Mr Speaker. There are some people in this House who want to get rid of Her Majesty, but they are on the Opposition Benches, not the Government Benches.

--- Later in debate ---

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

I will try to be brief, so that my right hon. Friend the Member for Wantage (Mr Vaizey) can get in, too.

[Steve Double (St Austell and Newquay) (Con)]

And me.

[Mr Speaker]

The hon. Gentleman also wishes to contribute, so I know that the right hon. Gentleman will exercise an enormous self-denying ordinance.

[Mr Francois]

Thank you, Mr Speaker. Tonight, we are debating whether or not to extend article 50. The thing I would like to touch on briefly is whether the EU would ever countenance a further extension. I say that because from 2007 to 2010, when we were on the Opposition Benches, I was my party’s shadow Europe Minister. I did the Lisbon treaty, working with William Hague, and that was my epiphany; we had 14 days’ debate in this place and we could not change a single punctuation mark. That was when I realised that we had to leave. I hope the Minister will accept that in those three years I spent a lot of time visiting the institutions of the European Union, because that was my job. I came to realise that for many people in the EU, particularly, though not exclusively, in the Commission, what is often referred to as the “European project” has the status almost of a religious act of faith. People passionately believe in it, it transcends almost all other considerations and it must be promoted and protected almost at all costs. Very many people in the EU were utterly shocked when the UK voted to leave. They were absolutely stunned, because in their world what we had done was an act of heresy—it was apostasy to leave.

Many people in the EU believe we should be punished, not least pour encourager les autres. But what they are even more worried about is the UK taking part in European elections, which would bring 73 UK MEPs into the Parliament, many of whom, though not all, would be likely to be Eurosceptic. That would completely upset the calculations that they have made to reconfigure the new Parliament in order to keep out what they call the “populists” from eastern Europe and, for instance, the Lega Nord from Italy. That is why they would not accept the extension to 30 June. They insisted either on 22 May or 12 April, which is the drop-dead date for when we would have to begin European election preparation in the UK.

So my argument simply is this: I believe that for the EU protecting the integrity of the Parliament, which under the co-decision procedure under the Lisbon treaty has much greater power now relative to the other institutions, would be even more important to those who really believe in the project than trying to keep the UK in the EU, although many would like that. Therefore, if I am right, they would not countenance any further extension beyond the dates that have been given, because it would muck up the European Parliament and that would spoil Macron’s plans to federalise the EU. So my argument is that we should not be worried about a long extension, because I believe, although I cannot prove it in the House tonight, that they will never grant it. They do not want, in any circumstances, to go beyond 12 April because it means European elections that they simply cannot stomach, because there would be 35 to 40 Eurosceptic British MEPs who completely rip up their plan for the Parliament.

[Mr Sam Gyimah (East Surrey) (Con)]

rose—

[Mr Francois]

I am going to finish.

I believe, on that basis, that the threat of a long extension has always been a false one and that if we get to 12 April, we can leave, because I believe that those who believe in the project would not allow the extension.

Finally, the Government spent £9 million on sending a document to every household in this country, before the referendum, that said, “This is a once-in-a-generation decision. This is your decision and we will implement what you decide.” If the people in this House overturn that decision, the people will be extremely angry. Do not say you were not warned.

[Mr Vaizey]

rose—

[Mr Speaker]

Is the right hon. Member for Rayleigh and Wickford (Mr Francois) giving way, or has he completed his speech?

[Mr Francois]

I have finished to leave time for my right hon. Friend the Member for Wantage (Mr Vaizey).

[Mr Speaker]

It is very good of the right hon. Gentleman to advise me, but I was going to call Mr Double, and then Mr Vaizey.