European Union (Withdrawal) (No. 5) Bill

Mike Gapes Excerpts

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

[Chuka Umunna (Streatham) (Ind)]

In a way, I rise to speak to all the amendments, which are supposed to relate to the duties to be exercised under the Bill. However, one duty in particular has been omitted from both the Bill and all the selected amendments.

I know that the views that I shall express are supported by the right hon. Member for Twickenham (Sir Vince Cable), the hon. Member for Brighton, Pavilion (Caroline Lucas), the right hon. Member for Ross, Skye and Lochaber (Ian Blackford), the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), and others. We argue that there should be attached to the intention of the Bill the purpose for which it is sought. The European Council has made it absolutely clear that the UK will not necessarily be granted an extension for a general purpose, and that we shall need to specify what we wish to have the extension for. On a number of occasions, senior officials of the various EU institutions have made it clear that they would grant an extension for the purpose of a people’s vote, but no such purpose is referred to in any of the amendments that have been selected, or in the Bill itself.

It is all well and good to argue against no deal—and that, we have been told, lies behind the Bill—but it is clear that if Members wish to be sure of securing the extension to stop no deal, particularly those who will not entertain revocation of article 50, there needs to be a duty not only to request an extension, but to request it for the purpose of what will lead to our being granted the extension that we require, namely a people’s vote.

[Mike Gapes (Ilford South) (Ind)]

Is this not even more serious given that the Prime Minister and the Leader of the Opposition are cooking up some plan today that also does not refer to the people’s vote?

[Chuka Umunna]

I completely agree with my hon. Friend. This is so important and we have been brought to this point because our democracy is deadlocked. We are faced with a perfect storm created by a clash of mandates: we are trying to work our way through dealing with a clash of mandates between views expressed by a majority of people who participated in a referendum in 2016 and views expressed in a general election which has led to a hung Parliament and the chaos in this House of Commons.

--- Later in debate ---

[George Eustice]

My hon. Friend makes an important point. I think I chose that date primarily because the Prime Minister initially suggested that she may seek a short extension until, say, June. We all recognise the issues with the European elections and that if we were to go for a long extension, we would have to consider whether to fight those elections and start fielding candidates. My own view is that, by selecting 30 June as a maximum, the amendment would not preclude the Government from choosing a date of, say, 22 May, but if, for instance, it were thought necessary to go slightly longer, to go to 30 June, it would be open to all parties, both the UK Government and the European Union, to have a conversation about whether it is indeed necessary to hold European elections in this country, given it would be only a short extension for another month.

I am aware that the British civil service has considered whether, in a short-term, interim arrangement, it might be possible to send delegates from this House to represent the UK in the European Parliament.

[Mike Gapes]

Is it not a fact that the European Union has made it absolutely clear that the maximum extension available—an extension has to be agreed, unlike a revocation—is to 22 May, unless there is a long extension of potentially 21 months or more? In those circumstances, we would have to fight the European elections. If the hon. Gentleman’s proposal were agreed, it is unlikely to be accepted by the European Union, which could lead to us crashing out with no deal.

[George Eustice]

I simply say to the hon. Gentleman that amendment 20 is generous to the Government and would give them the option, should they believe it necessary under EU law, to set a date of 22 May under subsection (2), but if it were felt necessary by all parties, including the European Union, that—in order to get a withdrawal agreement over the line—an extra month would be needed beyond May, it is not beyond the wit of man to do so and to put arrangements in place so it would not be necessary for us to hold European elections in this country.

I would further contend that one of the biggest problems we have had throughout this negotiation is a tendency to get over-obsessed with the intricacies of so-called European law. My right hon. Friend the Secretary of State for Environment, Food and Rural Affairs recently told me of a meeting he had had with Ministers from other European countries, at which they made the point that, if the politics require it, it is always possible to amend or disapply European law for the short term, should it be necessary and expedient for all parties, to get a sensible resolution to a difficult crisis.

--- Later in debate ---

I am grateful to Change UK Members for tabling amendment 16, which has cross-party support, about a people’s vote. A cut-off date of 30 June would, of course, preclude a people’s vote as well. People who have looked at the matter estimate that something between 20 and 22 weeks would be required to legislate for and hold a people’s vote, so a cut-off date of 30 June would prevent that from happening.

[Mike Gapes]

Even if these amendments were passed, the issue surely is that the Government would have to take them to the European Council next week. If the proposal is for 30 June, we know that that will not be acceptable, because the EU made that absolutely clear. Therefore, instead of resolving this issue before the European Council, if we adopted that amendment, we would have to come back next week and vote on 11 or 12 April on the same matters yet again.

[Tom Brake]

I thank the hon. Gentleman for that intervention. I guess that would just add to this picture of chaos and confusion and of running down the clock that has become a feature of this place in the last few months.