European Union (Withdrawal Agreement) Bill

Michael Tomlinson Excerpts

Committee stage & Committee: 1st sitting: House of Commons & Committee: 1st sitting
Tuesday 7th January 2020 Commons Chamber

[Paul Blomfield (Sheffield Central) (Lab)]

Thank you very much, Sir Roger. It is a pleasure to rise to speak to new clause 4 primarily and to have the opportunity to correct the misrepresentation by the Secretary of State of our objectives in tabling it. It is also a pleasure to do so with you in the Chair, Sir Roger. I want to take this opportunity to thank you and indeed all the Clerks for the work that has been done to ensure that we are able to debate the issues in the Bill today. Much of that work was done over the recess when other people were enjoying the break.

I have to say how much we regret that the Government have provided so little time to debate a considerable number of amendments, all tabled because they will have profound consequences for our country for generations to come. Our proposals over the next two days echo the concerns expressed in the previous Parliament and reflect the approach that has guided us as an Opposition over the past four difficult and divisive years.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I am grateful to the hon. Gentleman for giving way. He talks about the principles that have guided him. Surely they are the principles that have misguided him and his party. Does he not understand that the political landscape has changed as a result of the general election? As the Secretary of State said, people want to get Brexit done. They do not want further delay, which is all that his new clause and new clause 36 would bring.

[Paul Blomfield]

I had hoped for a better initial intervention. We are very clear that we accept that the general election has changed the landscape. The shadow Secretary of State for Exiting the European Union has made that position clear, other colleagues have made that position clear, and I will do so in my remarks. Government Members should recognise that, although under our electoral system the arithmetic in this place is very clear, the majority of the British people voted for parties that were not of the mind of the Conservative manifesto and wanted to give the British public a further say. I say that not to deny the reality of the voting in this place, but to urge Government Members to have some caution about the way that they approach this issue and claim authority from the British people.

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[John Redwood]

I, in particular, think we can do a lot better on taxation. I do not want tax on all these green products that the EU makes us tax. I would not have thought that the Green party really wanted those. However, I suspect that if I or others moved amendments to the forthcoming Budget this March to take out those unnecessary taxes, we would be told we are still not allowed to because we are in the implementation period and have to accept European law. It has also interfered in our corporate taxes in a way that actually reduces the revenues we gain from big business. I would have thought Labour and the Liberal Democrats rather oppose that, but because it comes from the EU, they are completely quiet on the subject. They do not seem to mind that the EU interferes with our revenue raising.

[Michael Tomlinson]

Is my right hon. Friend surprised, as I am, that the official Opposition and the Liberal Democrats, with their new clauses, are seeking yet further delays? Despite what the hon. Member for Sheffield Central (Paul Blomfield) says, that is the effect of new clause 4. It would mean a lack of the certainty that the British people voted for at the recent general election.

[John Redwood]

I do think it is almost unbelievable that the Opposition are talking about adding to four and a half years of delay, under the Government model now, another two years—six and a half years. Six and a half years at £12 billion a year is a huge sum, and I would like to tease this out a bit more with those on our Front Bench because I think my right hon. Friend the Secretary of State misunderstood me. He thought I was talking about the cost to business, but I am talking about the cost to British taxpayers. This extra implementation period in itself—I really rather regret it, but I see it is a necessity from where we currently are, given the forces in this House—must be costing £11 billion or £12 billion, in tax revenue forgone, that we have to pay.

I would like some reassurance from Front Benchers that once we are properly out at the end of December, under clause 33, there will not be further bills. I want us to be able to say to the British people, “We now do control our own money. We are not going to carry on paying for this show.” I think it might be quite a good negotiating tactic to suggest to the EU that perhaps there is not a strong legal basis for some of the claims it wishes to make, because we need to put some countervailing pressure on the EU during this remaining negotiation period on the free trade agreement. I do not think we have to pay for a free trade agreement. I think it is massively in the interests of the rest of the European Union, because it sells us more than we sell it, but we have to be firm, otherwise it will walk all over us again and demand more concessions.

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[Kevin Hollinrake]

We are in a different situation. I am still involved in my business; it has grown a lot over the last 26 or 27 years, and I have concerns about the impact on it of the wrong kind of exit from the European Union. However, I still think it is absolutely right to set the deadline of the end of 2020 to do this deal. In our manifesto and all the statements in the general election, it is true that we said that we would do this deal by the end of 2020 and that we would be out completely by then. It would be wrong and a breach of the trust that the people had in us in the general election for us now to say that there could be a further extension.

[Michael Tomlinson]

My hon. Friend is absolutely right about confidence, but does he agree—he has alluded to this—that it is not just confidence, but a firm deadline that is required, rather than a flextension or the risk of a further extension or postponement? We saw that in the last two Parliaments. That fundamental error, which was made by previous Administrations, will not be made by this one.

[Kevin Hollinrake]

My hon. Friend is absolutely right. The date is the imperative that makes sure that both sides will be looking towards that date to finalise negotiations. There are incentives and imperatives on both sides of the negotiating table. If there is the right spirit of negotiation between the two parties, and we undertake the negotiations in that frame of mind, we will absolutely be able to do this deal. However, if we provide the opportunity for an extension, we hand over the advantage in the negotiation to the other side. That is the absolute reality. We cannot do that, nor do we need to.

There are a number of reasons to think that we can do the deal within the timescale. We start from a position of total alignment, which is bound to help. This is different from a normal free trade agreement, in terms of the negotiations. Clearly, there have to be negotiations on what happens about divergence, but we start from a position of absolute alignment, which, to my mind, makes these negotiations totally possible in the next 12 months.

Withdrawal Agreement: Proposed Changes

Michael Tomlinson Excerpts

Monday 7th October 2019 Commons Chamber

[James Duddridge]

The reason why they are an improvement on the backstop is that the backstop could have left Northern Ireland linked to the EU in perpetuity without any consent. This consent mechanism is a massive improvement. I thank the hon. Lady for the discussions we have had. I think she wants to have another discussion with me after this, and I am more than happy to do that.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

The Minister was asked whether the Government are committed to publishing the details, but would that question not carry more weight if those on the Labour Front Bench had not already closed their minds? Within minutes of the deal being proposed last week, they said it was not good enough. Sadly, too many minds on the Opposition Benches—with honourable exceptions—are already closed. Is it not time to just get on with it?

[James Duddridge]

It is certainly time to get on with it. I think that there are a significant number of Opposition Members who have more open minds than those on the Labour Front Bench, and we look forward to working with them over the coming days and weeks.

Irish Border: Customs Arrangements

Michael Tomlinson Excerpts

Tuesday 1st October 2019 Commons Chamber

[James Duddridge]

The right hon. Gentleman is right in his first statement. I am entirely trying to reassure the House on behalf of the Government of the first point. I had the pleasure while getting changed this morning of listening to my right hon. Friend the Prime Minister on Radio 4. I did not have the pleasure of tuning into Radio Ulster, but I will hot foot my way back to the Department and ask for a transcript of what I presume the right hon. Gentleman is referring to.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Is it not the case that whatever is put forward as the solution to the Irish border will not be sufficient for some in this Chamber; it will not be good enough for those who want to revoke and remain; and it will not be good enough for those who want more dither and delay? May I urge my hon. Friend to press on with his determination and with his clarity and to ensure that, come what may, we leave on 31 October?

[James Duddridge]

I thank my hon. Friend for that supportive comment. We are resolved. We will press on. We will try to get a deal. That is our preference, and we will do so and leave on 31 October.

European Union (Withdrawal) (No. 5) Bill

Michael Tomlinson Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 3rd April 2019 Commons Chamber

[Yvette Cooper]

If I may, I will briefly speak to the drafting amendments in my name and that of the right hon. Member for West Dorset (Sir Oliver Letwin). I will respond to the other amendments at a later stage in the debate, once other hon. Members have had an opportunity to speak to their amendments.

These are two minor drafting amendments. The first simply corrects something in clause 1, page 1, line 6—instead of referring to “section 2”, it should refer to “section 1”. The second amendment—amendment 14—would ensure that rather than referring to the “2018 Act”, the Bill would properly refer to

“the European Union (Withdrawal) Act 2018”.

These are simply for clarification.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I looked through the right hon. Lady’s Bill last night and at the drafting of clause 1(2). I had not seen her proposed amendment, but is this not the difficulty of trying to make law on the hoof? We have had only 55 minutes for Second Reading and there is a most obvious drafting error in her original Bill. There was a simple mistake, getting the section wrong, and reading through it I simply did not understand at all which Bill she was referring to. Does this not show the danger, with such an important constitutional change, of trying to make law on the hoof?

[Yvette Cooper]

Sadly, this is the consequence of us being nine days away from Brexit day. That is not a situation that any of us wanted to be in—to have the clock run down this far—with no agreement in place. The Prime Minister did not put any withdrawal agreement to Parliament until January, and it has been put back several times since then, so we have not had a clear plan. That is the situation we are in.

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[George Eustice]

Nothing in this Bill prevents the Prime Minister from still exercising royal prerogative powers outside the Bill. Were the Government to recommend to the House a decision to go for a longer extension, and they had a clear rationale for doing so, I still think that they would be able to do so outside the scope of the Bill. What the Bill does not do is say that the prerogative powers of the Executive are vanquished in all areas for all time. Instead, it seeks to establish an ability for the House, on this particular narrow issue, to table a motion. Nothing in the Bill constrains the Government’s ability still to exercise prerogative powers; it clearly requires them to exercise those prerogative powers in accordance with the Bill, if they are indeed exercised in response to motions passed by this House, so I do not accept the hon. Lady’s point.

[Michael Tomlinson]

I have been wondering about that. My hon. Friend says that the motion in effect will mandate, but does he agree with my reading, which is that under subsection (2) the House simply agrees that the Prime Minister is seeking an extension? It does not mandate or order it. Does that not again make nonsense of swift drafting on such an important issue?

[George Eustice]

There will always be issues when legislation of this sort is drafted. This is unorthodox legislation, an unusual type of Bill, and that is why the two amendments I tabled seek to place some restrictions on the scope in which the powers may be exercised.

Amendment 21 would simply delete subsections (6) and (7) altogether.

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[George Eustice]

It is very good that my right hon. Friend and I agree on something. If we are not careful, I fear that what will actually happen is that the European Union will make appalling demands for financial contributions and a long extension, and, when it came down to it, this House would not have the courage to resist, having already indicated that it lacks the courage to leave without a deal, which I believe was a mistake. I did not want to leave with no deal—I would like there to be an orderly withdrawal with an agreement—but I believe that taking no deal off the table would fundamentally undermine our position.

[Michael Tomlinson]

Following on from the intervention by my constituency neighbour, my right hon. Friend the Member for West Dorset (Sir Oliver Letwin), is it not the case that in any event, notwithstanding whatever is in the Bill, the Prime Minister would still retain the prerogative power? The Bill may seek that the Prime Minister asks for a certain date, but in fact there is nothing preventing her from adopting a parallel track or making a third request. Even if this Bill is passed unamended, which my right hon. Friend clearly does not want to happen, the Prime Minister could still chart her own course.

[George Eustice]

My hon. Friend makes a good point, but the way in which this Bill is crafted—linking back to the European Union (Withdrawal) Act, as it does in clause 1(2)—means that it does have legal force. Therefore, it does bind the House and constrain the ability of the Government to exercise those prerogative powers. That is why the two amendments that I have tabled would accept that the Bill has passed Second Reading—and, therefore, that this House has voted to constrain those prerogative powers—but would nevertheless place constraints on the scope within which the House can exercise those powers. My hon. Friend is absolutely right that, were amendments 20 and 21 agreed to, it would still be open to the Government to use their prerogative powers to make agreements beyond that scope.

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[Mrs Main]

I would like to speak to amendment 1, standing in my name, which addresses similar themes to the proposal of my hon. Friend the Member for Camborne and Redruth (George Eustice), who spoke earlier.

I was quite horrified when I read this brief Bill, because it mandates the Prime Minister to seek an extension, but there is no date associated with that extension, as other Members have mentioned. On top of that, as we know, article 50 enshrined the date on which we would be leaving: 29 March. The Prime Minister, as was quite within her rights—my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) said it was her untrammelled prerogative—decided, when she went into her negotiations, that she would accept a new date, which was offered to her by the European Union, having been agreed in a room, in a debate in which she did not participate. She accepted a date that was not of her choosing.

My concern is that, whatever date this House considers to give the right amount of time, if the Prime Minister is not fettered, as the right hon. Member for Delyn (David Hanson) mentioned, she is quite within her rights—nobody here is seeking in any way, shape or form to curtail those rights—to accept another date that is offered to her and which might be the only date on offer. Whatever date this House might choose, for whatever associated reasons or purposes, the Prime Minister is quite within her rights to accept—or reject—the date on offer from the European Union.

I find that incredibly worrying. Depending on which side of the argument hon. Members find themselves, they could have the Prime Minister seeking a date in line with the House’s instructions, but not having to agree the date, even if the EU says that she can have it. That would be a rather bizarre scenario, but the Bill would not stop it, so whatever date the House fixed on could, in theory, only be asked for, but then be rejected.

The other side, which worries me far more, is that the Prime Minister could go along with a date—as yet unspecified by this House and with no associated justification—and be offered a date, let us say, two years in the future. I would suggest that at that point most hon. Members would have severe concerns about the legitimacy of whatever was being agreed by the Prime Minister—or any of us in this House—with the date set so far in the future.

Amendment 1, which stands in my name and that of 21 other hon. Members, simply proposes a date that has already been accepted by the European Union—I know that Guy Verhofstadt has talked about the end of June, but the European Union has suggested this date on many occasions—as a date that it would be comfortable extending to. It is also a date that would not oblige us, by default, to fight in the European elections. It would mean that the Prime Minister could accept the date offered to her—to the 22nd—but could not arbitrarily accept any other date offered without bringing it back and discussing with the House whether it met what the House wishes to achieve.

The right hon. Member for Delyn talked about not tying the Prime Minister’s hands, but if the House truly wishes to shape the next phase—I really do not like this process, but I am trying to look at it constructively—it is incredibly important that she does not have carte blanche to sit in a room in Brussels, meekly accept a date that is fixed, and then come back to the House, which will not be able to alter that date. I picked the 22 May date, because she can agree anything up until that point. After that date, with which we are all familiar, we will not have the Prime Minister accepting a date that may end up coming to this House and not finding favour. We are then back in the long grass. We are back to arguing about the date. We are back to arguing ad infinitum, to the great uncertainty for the many businesses who feel that what is going on here today is beyond a farce.

Other Members who have a better legal brain than mine—I have no such qualifications whatever—are looking at the Bill line by line and saying it is shoddily and poorly drafted, and that it does not stand up to scrutiny. The argument that comes back—I have heard it a few times this afternoon—is that, “Well, we haven’t had a lot of time and this is to stop no deal.” My amendment does not do anything to harm the Bill’s objectives. It gives the Bill belt and braces to ensure that the Prime Minister, to whom everyone says, “Let’s give her some latitude and trust”, is not able to accept something that is certainly beyond the wishes and scope of this House or the people who voted to leave the European Union.

I hope my amendment is given serious consideration, since we are now supposed to be engaging constructively with the process in a cross-party consensual way to try to get something through. I would be far more comfortable if the Prime Minister was not allowed free rein, or untrammelled prerogative, as my right hon. Friend the Member for West Dorset said. As the House may have observed, we have already tried that and it has not got us terribly far. I therefore ask Members please to consider this amendment. It is very small. It does not stop anything. It simply might stop what some Members have maybe not thought through too well, which is the date.

[Michael Tomlinson]

I applaud my hon. Friend’s ingenuity. I am minded to support her amendment this evening and I hope she presses it to a Division. May I ask her about another extension? Clause 1(2), as drafted, does not mandate or order the Prime Minister to do anything—that comes later on in the Bill—but no timeframe is given either. My hon. Friend mentions a timeframe up to 22 May, but, as drafted, the Bill effectively gives no specified time period within which the Prime Minister needs to seek any extension in any event.

[Mrs Main]

My hon. Friend is absolutely right. The Clerks were very helpful when I was trying to draft my amendment. I said, “Surely we can’t have this open-ended situation?” Very helpfully, the Clerks said to me that the Bill can say what it likes, but at the moment the Prime Minister, in the untrammelled way that my right hon. Friend the Member for West Dorset said, can do what she likes. That is the situation. We are in fact sending off a Prime Minister who will be reluctant to deliver this proposal.

The Bill is supposed to be incredibly flawed, but what I do not want it to be, as we discovered from the Gina Miller challenge, is a nightmare going through the courts. Our businesses deserve better than to have a piece of cobbled together legislation that is rammed through—I gather it will be rammed through the other place, too—just to make sure we avoid no deal. Have hon. Members not done any adding up recently? This House is the tail that is now wagging the dog. There is no pretence on the Government Benches that this is going to be an easy ride—not for this stage, the next stage or any other stages coming down the road. There might be fears from Opposition Members, but they seem to be able to exercise an awful lot more muscle on the political agreement than we can on the Government side of the House; they in effect have the whip hand over the Government. The true nature of the House is that it does not really desire to leave. The House will have masses of opportunities over the coming months to ensure that the political agreement is shaped in a fashion that they would like. That is the one thing about which the European Union has said, “We can open that, no trouble.” What the EU will not open is the withdrawal agreement, and a withdrawal agreement will be required to achieve many of the things that the House wants to achieve. That is why I reluctantly agreed to support the withdrawal agreement when it was separated from the political arrangements.

The Bill that we are considering is poor, and badly drafted. I accept the reasons why, and I accept that we are all scrabbling around to try to improve it, but I am disappointed that the Lords may not have much time to consider any amendments that are made tonight. I hope that the other end of the building does not function like a rubber-stamp machine and say, “It doesn’t matter; this Bill is going through regardless.”

The Bill will come back to haunt the House. If the procedure that we have followed today ends up creating a lawyers’ charter and a nightmare in the courts, it will do huge damage to our industries. Believe me, for every Gina Miller out there launching challenges to make sure that a public vote is listened to in a proper legal fashion, there will be lawyers picking over the Bill and saying that it does not stand up, so can we please ensure that sensible amendments are made tonight?

I would like to think that my amendment is sensible because, as the hon. Member for Streatham (Chuka Umunna) has pointed out, the only date that the European Union will accept is 22 May. I believe that if we put that date in the Bill, we would be picking a date that the European Union was comfortable with. The House would have the security of knowing that the Prime Minister could not unilaterally accept any other date that the EU came up with, but would have to bring it back for Members’ consideration. If the House chooses to adopt it, fine, and if the House says, “Go back and try harder”, fine, but there will be certainty. I hope that Members on both sides of the argument will support this amendment, because it would give them the certainty of knowing there will be no jiggery-pokery and no clever shifting of dates or times. My amendment would oblige the Prime Minister to come back to the House with any new date, and she would not be allowed to accept a date that did not reflect the will of the House. Surely, that is what the House wishes to achieve.

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[Sir William Cash]

They say that those whom the gods wish to destroy they first turn mad. I have to say, I have never seen a Bill that is more likely to drive everybody mad than this one, particularly if it is enacted and it then has to be construed by the courts. I really am astonished at what rubbish it is. Remember that we were told that no deal is better than a bad deal. Just to offer an alternative, no Bill is better than a bad Bill. This is a classic case of hubris—of overvaulting ambition in the hands of some amateur draftsmen, producing consequences of vast import to the people of this country. Having had an exchange with my hon. Friend the Member for Camborne and Redruth (George Eustice), I make the point that if he is right that the Bill could create an extension of five years, it would cost the British taxpayer not less than £90 billion. That is an awful lot of money for a private Member’s Bill, an awful lot of money for hubris, and an awful lot of madness that the gods will want to destroy.

[Michael Tomlinson]

On that figure of £90 billion, has my hon. Friend received any advice recently about whether the Bill would or would not require a money resolution?

[Sir William Cash]

I certainly have. The Speaker has ruled on the matter, and I take the view that if the Speaker has ruled, even if I am unhappy with the ruling, that means that I need not go into all the details. I could spend the next 20 minutes giving all the reasons that I believe that there should be a money resolution, but I will resist the temptation because I want to get on to the meat of the Bill. The fact that it is known that it could cost as much as £90 billion is, I should have thought, enough to alert a great many people and make them seriously worried about whether they should vote for it, and I hope that they will not.

Clause 1(1) is mandatory, and gives rise to the important constitutional question whether Parliament can direct a Prime Minister to move a motion. That is constitutionally ridiculous. In clause 1(2), to which my new clause 4 refers, the “form of the motion” is not mandatory, stating that the House

“agrees for the purposes of section 2 of the European Union (Withdrawal) Act 2019 to the Prime Minister seeking an extension”.

If passed, the provision would permit the Prime Minister to seek an extension, but that in itself would not force her to ask for it. However, neither clause 1(4) nor clause 1(5) sets any time limit relating to when the Prime Minister must seek the extension, or explains how that would be achieved. Is enough time available for all this to be done? The answer is clearly no.

I assume that Royal Assent would be given after the Bill had been to the House of Lords. God knows what the House of Lords is going to make of it. The House of Lords has a Standing Order, Standing Order No. 72. What have the Government done, no doubt with the connivance—if that is not an inappropriate expression—of my right hon. Friend the Member for West Dorset (Sir Oliver Letwin)? They have simply knocked out Standing Order No. 72, which is an outrageous and completely unconstitutional act.

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[The First Deputy Chairman of Ways and Means (Dame Eleanor Laing)]

Order. Just before the hon. Gentleman moves on to new clause 5, I know that he has a lot to say about the amendments and new clauses, which the House must hear, but I hope that he may do so in an expedited fashion. We do not have a lot of time left, and I am sure that the hon. Gentleman wants to hear what the Minister and others have to say.

[Michael Tomlinson]

On a point of order, Dame Eleanor. You mentioned the time, and a question was asked earlier about the timing for Third Reading. Are you able to advise the Committee at this stage at what point Third Reading will happen?

[The First Deputy Chairman]

No. When Third Reading is likely to occur is not up to the Chair, but to the House. Based on how things are going at present, my estimate is that a Third Reading debate will not occur, because the Committee stage is likely to take up all the available time. However, that is entirely up to the House. If the people who still wish to speak do so for a short time, we will have a Third Reading debate. If they speak for a long time, we will not.

[Sir William Cash]

With respect to you, Dame Eleanor, the Bill’s stages have been truncated. You know what I am talking about. It has been rushed through. Not only is the Bill an abomination in its own right, but it is gravely unconstitutional and offends Standing Order No. 14 and so many other conventions, so I am not going to fail make the points that need to be made. I am so sorry, but I these points must be made. It is only 9.8 pm and we have until 10 o’clock, so although I have great respect for you, Dame Eleanor, I am going to make my points. Furthermore, they are matters that are germane to trying to sort out the rubbish that this Bill is generating for the British public. That is my point.

New clause 5 relates to the amendability of motions. Any motion brought forward under clause 1(1) in the form set out in clause 1(2) may be amended in line with clause 1(3) only to include a date no later than 22 May 2019. The new clause would prevent further amendments to the Standing Orders or to the business of the House of Commons and would impose a maximum duration on the extension period. Given what I said earlier to my hon. Friend the Member for Camborne and Redruth about how this Bill would otherwise cost £90 billion, I think we would be doing a great service not just to the House, which is pretty chaotic these days, but to the taxpayer and our constituents by restricting the length of the extension period. If the extension went to five years, according to the potentiality of this Bill, it would cost £90 billion—that is just a statement of fact—which is a very good reason for voting against the Bill.

New clause 5 would place a maximum duration on the extension period, which would be an enormous step in the right direction. In fact, it would be a fundamentally vital provision in the context of this Bill.

New clause 7 deals with the question of European elections, another hot potato:

“No extension of the period under Article 50(3) of the Treaty on European Union may be agreed by the Prime Minister if as a result the United Kingdom would be required to prepare for or to hold elections to the European Parliament.”

I would have thought that many Members would be delighted to support this new clause. I am doing the Government’s job for them by seeking to impose a restriction. I see the Minister slightly nodding his head, which I think means he might quite like this amendment. The bottom line is that, yesterday, I heard the Prime Minister say that we would not want to have European elections.

[Michael Tomlinson]

As my hon. Friend rightly recollects, the Prime Minister herself made this very point. Would it not be a catastrophic failure of our politics if, three years after the vote to leave, we held elections to the very institution we voted to leave? Is that not why this amendment must be pressed and made?

[Sir William Cash]

It is axiomatic, and it goes to the very heart of what we are leaving and how we are leaving. The idea that we would hold European elections, which, but for my proposed amendment, are liable to take place, makes me think that this House really ought to vote for new clause 7. I therefore urge the House to consider it as an important, sensible amendment. [Interruption.] I see that my right hon. Friend the Member for West Dorset has left the Chamber. Perhaps my remarks are too unpalatable for him.

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[Sir Bernard Jenkin]

I will be as brief as I can. I want to speak against clause 1 stand part. The clause is the heart and strategic intent of the Bill. It is trying to put this House in a position to stop the United Kingdom leaving the EU on the date on which the Government might want us to leave. There is no question about that.

I very much agree with my hon. Friend the Member for Camborne and Redruth (George Eustice) who made the point that the process of attrition in this House to limit the Government’s negotiating freedom in the end very much undermined their ability to get a better deal and to negotiate from a position of strength. If people cannot walk away from a negotiation they are in, and they have to agree something at the end of it, the other party simply calls the shots. That certainly strengthened the hand of those who want us to have a bad deal. I have made some points in the debate on one of the earlier business motions about the constitutional impropriety of this whole process.

I also invite the Committee to reflect on what this House looks like tonight as we discuss such highly technical issues. The British people expect us to be discussing the big principles of whether we should leave without a deal on WTO terms or sign up to the withdrawal agreement. This particular debate, however, seems particularly obscure and unavailable to voters. It will make this House look particularly out of touch, especially because the Bill is somewhat otiose.

I have argued for some time with colleagues on the Conservative Benches that the Prime Minister has demonstrated little intention of ever leaving without a withdrawal agreement. The fact that the Government have spewed out a whole raft of information basically about why they do not want to leave without a deal underlines that point. I therefore think that the Bill is unnecessary.

In my comments to my hon. Friend the Member for Stone (Sir William Cash), Chair of the European Scrutiny Committee, I pointed out that the Bill is also unenforceable. Just look at the wording of subsection (4), which is that

“the Prime Minister must seek an extension of the period specified in Article 50(3) of the Treaty on European Union”.

What does “seek” mean in the circumstances? What happens if the Prime Minister makes a telephone call asking for an extension, says “Thank you very much” to what is offered, and puts the phone down again? How will that process be scrutinised and made accountable? How do we judge what is a serious seeking in good faith, and what is a mere technical seeking? That underlines the total futility of the House attempting to legislate in this way. Our system of government is not set up for Parliament to legislate for detailed instructions on how Ministers should carry out their duties. We tend to make laws on a much more general basis than that. That is why the system just does not work.

[Michael Tomlinson]

My hon. Friend makes a really important point that builds on other points made during Committee. Has not a further defect been pointed out? There is no timeframe. The Prime Minister is not mandated to “seek” in any manner, or within any particular timeframe, so she could do nothing until 13 April and still intend to comply fully with the Bill.

[Sir Bernard Jenkin]

Yes, and we absolutely know why the Bill is framed in these very vague terms—it is precisely to avoid its falling foul of rules that require a money resolution for a Bill that gives more specific instruction.

EU Exit Negotiations

Michael Tomlinson Excerpts

Tuesday 9th October 2018 Commons Chamber

[Dominic Raab]

Remaining in the customs union would not be giving effect to the referendum. The hon. Lady mentioned Rolls-Royce, which has just announced extra investment in its Goodwood plant in Sussex. Many businesses are saying that, regardless of Brexit, this country is an excellent place to come to and invest in, because of the skills and entrepreneurial creativity of our workforce and our people. I hope that she can have a little more confidence in the ability not only of her constituents but of the people of this country to make the best of the opportunities of Brexit.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I welcome the Secretary of State’s statement, particularly his clarity and reassurance towards EU citizens living and working in this country. Contrast that clarity with the response from Labour’s Front Benchers, who have refused to set out what their party’s position is and who are still facing both ways on the issue of a second referendum.

[Dominic Raab]

My hon. Friend is absolutely right. The Labour party has no clear or coherent position on any aspect of the substance. The Labour leader’s calling for a reversal of Brexit through a referendum is a betrayal of everyone who voted Labour at the last election.

EU Withdrawal Agreement: Legislation

Michael Tomlinson Excerpts

Tuesday 24th July 2018 Commons Chamber

[Dominic Raab]

We are broadly aligned in trying to strive to get the very best deal with the EU—that is where my overriding focus is—but I say gently to the hon. Lady and other Opposition Members that it would be deeply irresponsible to fail to prepare and plan for all eventualities when we are in a negotiation and when things depend on the good will and the ambition on the other side.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Further to paragraph 104 on page 28 of the White Paper, will my right hon. Friend confirm that payment of the £35 billion to £39 billion that he cited is conditional on the final deal? After all, as he has said, nothing is agreed until everything is agreed.

[Dominic Raab]

If my hon. Friend looks at the White Paper, he will see that the principle of conditionality is written into it and is mentioned in several different paragraphs. It is a common principle of international agreements and international diplomacy when a deal is struck that both sides commit to adhering to and fulfilling their side of the bargain. If they do not, there are consequences for the rest of the deal.

Oral Answers to Questions

Michael Tomlinson Excerpts

Thursday 19th July 2018 Commons Chamber

[Dominic Raab]

It is clear that when we leave the EU and take back control of our borders, law and money, we will not be paying the gross contributions to the EU. We will continue some domestic payments in the way that we have described, but we will of course be able to take back control of our net contribution and will pay a lot less to the EU as a result.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I warmly welcome my hon. Friend the Member for Daventry (Chris Heaton-Harris) to his new role. Will he confirm that he will continue and build on the good work of my hon. Friend the Member for Wycombe (Mr Baker), and that he is by no means starting from scratch?

[Chris Heaton-Harris]

I can confirm that I will build on the amazing quantity of diligent work that my hon. Friend the Member for Wycombe (Mr Baker) has put in place. I only wish he was still on the Front Bench to finish it off.

Oral Answers to Questions

Michael Tomlinson Excerpts

Thursday 15th March 2018 Commons Chamber

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I am certain my hon. Friend has seen the paper “Smart Border 2.0”, which was prepared for the European Parliament’s constitutional affairs committee. It does not provide the whole solution, but it does show how technology will help to solve this problem. Does she agree that this will solve it and ensure the integrity of the United Kingdom?

[Suella Fernandes]

I thank my hon. Friend for his question. The report to which he refers is an interesting document, but it does not go as far as the commitment made by the United Kingdom. Our unwavering commitment is to not introduce any physical infrastructure at the border. We have explicitly ruled that out. The report is interesting, but it does not go all the way.

Oral Answers to Questions

Michael Tomlinson Excerpts

Thursday 1st February 2018 Commons Chamber

[Suella Fernandes]

One advantage—although there are many—of leaving the customs union is that Britain can be a champion for global free trade again for the first time in 40 years. Free trade through mutually beneficial partnerships has historically ushered in productivity, innovation, consumer choice, growth and prosperity—something I hope that the hon. Lady will encourage.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I very warmly welcome my hon. Friend to her place. It is great to see a ray of sunshine, optimism and positivity from the Front Bench. What a shame that we do not see the same from the Opposition Benches. Is she surprised, as I am, that we are still discussing the customs union? The EU has ruled it out. The Prime Minister has ruled it out. The Leader of the Opposition—if not quite the shadow Secretary of State—has ruled it out. Why are we still talking about it?

[Suella Fernandes]

My hon. Friend raises a very prescient point. The British people voted to leave the EU in their historic decision in 2016. In doing so, they instructed this Parliament to take us out of the EU customs union. That is exactly what the Prime Minister and this Government are doing.

Leaving the EU: Economic Analysis

Michael Tomlinson Excerpts

Tuesday 30th January 2018 Commons Chamber

[Mr Baker]

As I have already said, all scenarios in this analysis show growth. The analysis is heavily caveated with the profound uncertainties that exist, not only for the UK and Europe but for the world. In that context, I hope that the hon. Gentleman will accept the answers that I have given today.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Following directly on from that, is it not right that we should approach such economic modelling with caution? History has proven to be wrong and flawed in the past. The information is incomplete. Does my hon. Friend, and philosopher longstanding, look forward to proving this analysis wrong as well?

[Mr Baker]

I would agitate for a healthy scepticism about the use of mathematical economics, and we should go forward in that spirit.