EU Exit Day Amendment

Debate between Matthew Pennycook and Peter Bone

Wednesday 27th March 2019 Commons Chamber

[Matthew Pennycook (Greenwich and Woolwich) (Lab)]

I rise on behalf of the Opposition to support the motion. As the Minister made clear, this statutory instrument is a necessary one, and it should be entirely uncontroversial. As the House knows, in response to the Prime Minister’s letter of 20 March to the President of the European Council, the Council agreed to an extension of the article 50 process until 22 May, provided that the withdrawal agreement is approved by the House this week. The Council further agreed that if the withdrawal agreement is not approved this week, an extension until 12 April will take place to allow for the UK to “indicate a way forward” for its consideration, to which we hope the preceding debate and votes will contribute.

On 22 March, the UK’s permanent representative to the EU, Sir Tim Barrow, wrote to the President of the European Council to confirm agreement of the proposed extension arrangement under article 50(3) of the treaty on European Union. As such, the extension of the article 50 process until at least 12 April will now happen as a matter of European law, and as the Minister said, it is legally binding in international law. This statutory instrument merely aligns “exit day” as it is defined for the purposes of the European Union (Withdrawal) Act 2018 with the new dates that have been agreed. It is entirely correct that it comes after agreement on extension was reached between the two parties.

Indeed, the withdrawal Act makes clear that this sequencing—that is to say, that any new agreement between the parties as to when the treaties cease to apply to the UK must precede any change to exit day for the purposes of the Act—is precisely what is required. Section 20(4) of the Act provides that a Minister of the Crown may by regulations amend the definition of “exit day” to

“ensure that the day and time specified in the definition are the day and time that the Treaties are to cease to apply to the United Kingdom”—

the operative word being “are”, not the day and time that the Government hope the EU Council would agree to. As such, logically, the Act makes clear that the Government could not propose a statutory instrument that would stipulate a date or dates for exit day different from the date on which the treaties would cease to apply, as agreed at the time. In short, the power to redefine exit day as set out in the 2018 Act passed by this House arises only if the date has already been changed.

[Mr Bone]

The Act refers to a date. Does the hon. Gentleman agree that it would therefore be more logical for this statutory instrument to state 12 April, and if that date needs to be changed, it should be changed subsequently? I do not understand how we can have two dates in the statutory instrument.

[Matthew Pennycook]

I thank the hon. Gentleman for raising that point, as he has in recent days. I think that it can be done either day—that is the short answer. There are different legal opinions on which creates the least amount of confusion and potential for legal challenge, but the Government have decided to do it this way, and we support the statutory instrument as a means to do so.

Those who take issue with the sequencing or the mere fact that this statutory instrument is before us at all today do so because they oppose in principle an extension to the Brexit process beyond Friday 29 March, presumably because they are either relaxed about leaving without a deal or positively wish for such an outcome.