Business of the House (European Union (Withdrawal) Act)

Oliver Letwin Excerpts

Tuesday 4th December 2018 Commons Chamber

[Sir Oliver Letwin (West Dorset) (Con)]

My right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) and I have not always agreed as we have gone through the lengthy discussions of the Brexit process, but we did both appear before the Procedure Committee to discuss the proceedings that we are now about to undertake. When he and I, and others, came to discuss the effects of section 13, in which many of us were involved in trying to find compromises that would make it all workable, it became clear that there was a significant issue involved. I want to explain to those of my hon. Friends, and those on other Benches, who might think that this is an abstruse amendment, just why it may become utterly critical to the future of our country.

Section 13(8) of the European Union (Withdrawal) Act 2018 specifies that, by 21 January, whoever is then the Prime Minister and whoever are then the Government—I hope that it will be the current Prime Minister and the current Government—may be compelled to come to the House of Commons to explain that they believe that it is impossible to reach an agreement with the EU. Section 13(8)(b)(i) states that a motion “in neutral terms” should then be put to the House. That is a strange and arcane parliamentary term, but it has a meaning, which is specified in Standing Order No. 24B.

Ludicrously, given our unwritten constitution, the Standing Orders of the House of Commons were correctly described by Bagehot as the nearest thing that we have to a constitution, and Standing Order No. 24B states:

“Where, in the opinion of the Speaker or the Chair, a motion, That this House, or, as the case may be, the committee has considered the matter, is expressed in neutral terms, no amendments to it may be tabled.”

Amendment (d), tabled by my right hon. and learned Friend the Member for Beaconsfield, would cancel Standing Order No. 24B as it would then apply, so that the House would have a chance to amend the motion from a Government who had concluded that they could not reach a deal with the EU.

Of course, that may not be in any way relevant to our proceedings. I shall be voting for the Government’s deal on Tuesday, and many of us hope that the Government will reach a deal. Many of us hope that even if we do not reach a deal on Tuesday, we will reach it subsequently under the Government’s guidance in some way or another. Under those circumstances, I believe that a sort of Norwegian arrangement is probably the next best step. However, whatever we may or may not do, we could arrive on 21 January with a statement that no deal can be reached, and it could be that at that time there is somewhere across this House a majority in favour of some solution that would avoid us leaving without a deal. For those of us who believe that leaving without a deal would be a catastrophe for our country, it seems right that we should at least have the chance to crystallise and express that majority, should it arise. The only way of doing that is to provide for the motion to be amendable, and that is the reason for amendment (d).