European Union (Withdrawal) (No. 5) Bill

Debate between Michael Tomlinson and George Eustice

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

[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.

--- Later in debate ---

[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.

Oral Answers to Questions

Debate between Michael Tomlinson and George Eustice

Thursday 17th March 2016 Commons Chamber

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

T4. A number of farmers in my constituency have suffered from delays in the basic payment scheme, with all the worry and financial anxiety that that has caused. What guarantee can the Minister give that this will not happen again?

[George Eustice]

We have worked very hard with 1,000 people on this project to pay farmers as soon as possible. We have done considerably better than other parts of the UK, such as Scotland. We have now paid about 83% of farmers. By the end of this month, almost all of them will have been paid. We believe that from next year—we have done a lot of work on the computer system—it will be much easier for farmers to complete their application, because the data will already be there.