(4 years, 10 months ago)
Commons ChamberThe hon. Gentleman, who has been here a good few years, has lived, like all of us, through this process, and the hours, the days, the months and the years that we have debated this issue amply demonstrate that every one of the 650 Members—or those who are able to take part—have had their say.
The elements of the withdrawal agreement that have been significant and different relate of course to the provisions on Northern Ireland and the future relationship, but we would be kidding ourselves if we did not admit that large elements of this agreement were elements that we have known about, we have debated and we have aired and analysed over the last few months—more than the last few months, the better part of a year.
Before my right hon. and learned Friend goes into the detail, will he agree that we do not have to love this deal and we do not have to love the programme motion—we might even think it is a very bad deal or a very bad programme motion—but for those of us who wish to avoid the worst, it is better than the worst?
My right hon. Friend, in his nuanced way, makes the important point that in the pursuit of perfection we are in danger of losing the entire House. The majority of us in this Chamber have made it clear that the one thing we do not want is a no-deal Brexit. Through all the debates we have had and all the decisions we have made, that one thing has been clear.
(4 years, 11 months ago)
Commons ChamberSeeing that this would be a Humble Address to Her Majesty the Queen for the documents, I very much hope that there could be no question other than that they will be provided, because it is the custom and practice and the convention that such Humble Addresses are responded to positively by the Government.
The reason why we have these rules is to manage difference. They provide a framework for our debates that—because, as I say, there is a high level of trust— enables us to manage sometimes serious difference, such as we undoubtedly have at the moment, in a moderate fashion. We are able sometimes to say strong words to each other, but to come together afterwards with a high level of appreciation of the other’s point of view and an absolute certainty that one side is not trying to trick the other. My concern is that there is now increasing and compelling evidence that this trust is breaking down and, indeed, that there is cause to be concerned that the conventions are not being maintained.
This of course arises particularly because of the decision to prorogue this House. I do not think I need to go into too much history to point out that, in recent years, the power of Prorogation has been used for only two reasons. The first is to have the short interval, usually of no more than seven or eight days, between one Session and the next, so that a Queen’s Speech may take place. It has also been used at times to extend time for a general election in order to maintain a power by which this House could be recalled in an emergency before it is finally dissolved. The use being made of it by the Government in proroguing this House until 14 October is, in current times, unprecedented. It is a long period, and all the more startling because it takes place against the background of what is without doubt—it is a bit difficult to gainsay it—a growing national crisis.
Does my right hon. and learned Friend agree that what makes this particularly important is that it was open to the Government to move a periodic Adjournment—or, as we normally call it, a sittings motion—which could have been approved by the House to achieve the same effect? However, the Government chose to use the prerogative power, which in effect enables the Prime Minister to advise the Queen to remove Parliament from the scene of action. It is therefore obviously of the greatest possible importance what the Government’s motive in so doing was, and the papers he describes will reveal that motive in a way nothing else can.
I understand the passion with which my hon. Friend speaks. Does she accept that, like her, many of us who are supporting this motion, and who have supported other such motions in this whole endeavour, voted three times for a withdrawal agreement and wish to see a withdrawal agreement? I have assured the Prime Minister, both inside and outside this House, that I will personally vote for any agreement that he brings back from the European Council.
I am delighted to hear that, and I absolutely acknowledge my right hon. Friend’s support for the withdrawal agreement and for any future deal. It is wonderful to hear that.
Special advisers are caught up in this Humble Address. I do not have a lot of experience of special advisers. I am a junior Parliamentary Private Secretary, and I have had the privilege of working with a few special advisers in the Departments I have been honoured to assist, and I have found them all, without exception, to be dedicated and conscientious individuals who do their job to the best of their ability.
(5 years, 1 month ago)
Commons ChamberDiolch yn fawr, Mr Speaker. My short answer to the right hon. Lady is that, of course, the people of the whole United Kingdom voted to leave the EU, and the people of Wales, to the best of my knowledge, voted emphatically to leave the EU, and that is what we will do.
My right hon. Friend will be aware that he and I do not exactly see eye to eye on the question of the likely consequences of leaving without a deal, but may I ask him to maintain his optimism about the possibility of achieving a deal and to recognise that there lies within this House, I believe still, a possible majority in favour of almost any sensible arrangement? I personally will certainly vote for any arrangement he makes for an orderly exit from the EU.
I thank my right hon. Friend, who has been zealous in his pursuit of arrangements to prevent the no-deal option. I share his desire not to get to a no-deal outcome. I am delighted that he is willing to put his shoulder to the wheel and work to find a solution that will bring us together across the House and get this thing done, because that is what the people want us to do.
(5 years, 3 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is not a matter for the Attorney General or any other Minister. This decision has been taken on the basis of the lack of confidence that my right hon. Friend the Prime Minister, regrettably, came to feel in my right hon. Friend the former Secretary of State for Defence. It followed the principles I set out in quoting from paragraph 1.6 of the ministerial code.
Having been somewhat involved in the establishment of the National Security Council in its current form, and having sat on it for six years, I completely understand the Prime Minister’s correct understanding that it has to be, as the Minister said, a sealed container if it is to do its work appropriately. Does he agree that notwithstanding the rather brilliant confections of Opposition Members, on this occasion—thank goodness—so far as the substance is concerned and regardless of its legal standing, which I accept is a matter for others to decide, there does not appear to have been a compromise of any classified information?
I do not want to rush to make that assumption because normally all papers that are considered by the National Security Council are at an extremely high level of classification. The key point—I think this is the thrust of my right hon. Friend’s question, and I agree with him on it—is that the issue at stake was less the substance of the material that was disclosed than the principle of a leak from the National Security Council. The fact of that leak—that breach of confidentiality—is what puts at risk the mutual trust that is essential for all Ministers and advisers attending those meetings to have in one another, and the trust, as my right hon. Friend the Member for Sevenoaks (Sir Michael Fallon) said earlier, that we expect our allies to have in our respecting the confidentiality of the material that they share with us.
(5 years, 5 months ago)
Commons ChamberThe difference between me and my hon. Friend on this occasion is that I take the view, and the Government take the view, that amendment (a) would upset the balance between legislature and Executive in a way that would set an unwelcome precedent, and it is for that reason that we are not supporting it.
I give way to my right hon. Friend the Member for West Dorset.
I am very grateful to my right hon. Friend for giving way and I promise him that I had not intended to intervene in his speech, unlike almost everybody else sitting in the Chamber today, but he does force me to do so because I wonder whether he can clarify the following slightly different point. Given that his objection to our amendment is ostensibly simply the constitutional one, and given that that could be entirely resolved by the Government accepting the amendment—or indeed could have been resolved on Thursday or Friday, when it was tabled, by the Government signing it and turning it into a Government amendment, in which case a Minister’s name would have been at the top of the list—could my right hon. Friend simply tell us whether on Wednesday, if our amendment fails, the Government intend to operate exactly the same principles as are contained within that amendment, or whether the Government have some other plan about how to construct the day?
I cannot give a commitment immediately for that or of that level of detail, but I will have further discussions, and my right hon. Friend the Secretary of State for Exiting the European Union might be able to respond to the point in greater detail in his winding-up speech.
Amendment (a) has already been much discussed in the course of this debate, and I do not want to detain the House long. First, though, I wish to say what it is trying to do and what it is not trying to do. It is not some kind of massive constitutional revolution, although I know that some of my hon. Friends and others have suggested that it is. The truth is that, as you said yourself earlier in the debate, Mr Speaker, the House has since its inception owned its Standing Orders. In fact, under the principle of comity—one of the most fundamental principles of our constitution—the courts have never sought to intervene in the proceedings of the House of Commons and the House of Lords, and have recognised that the House in each case controls its own proceedings.
As a matter of fact, the idea that it is an ancient constitutional principle that the Government should control the Order Paper is slightly anhistorical, if that is the right word, because the practice started in 1906, so it is not, as far as I am aware, part of our ancient constitution. For about 400 or 500 years, things that either were the House of Commons or were very much like it controlled their own Order Papers. That changed at the beginning of the 20th century, but what did not change was the fundamental point that the way that Standing Orders are decided is by a majority vote in the House of Commons, and therefore they can be adjusted by such a vote and, if so adjusted, the adjusted version is what applies.
Every time there is a private Members Bill Friday, astonishingly, the Government do something that we are apparently now entreated to regard as utterly revolutionary—they hand over to private Members the opportunity to put forward Bills. According to this soi-disant constitutional theory that has been invented, that must be a kind of revolution, because it is not the Government putting forward a Bill, but in fact we have been doing it perfectly happily for years. So there is no revolutionary intent behind the amendment at all.
The second point I wish to make is about what the amendment does do. It does exactly what has been described in the debate; namely, it provides an opportunity, simply and nothing more, for the House of Commons to begin—I stress, to begin—the process of working its way towards identifying a way forward that can command a majority in this House.
I wish to reflect for a second on my own personal history in this matter. I find sometimes from the communications, not always utterly polite, that I receive from various quarters on my iPhone, that it is supposed that I have from the beginning attempted to destroy the Government’s efforts to carry out an orderly Brexit. That is obviously a more amusing story than the real one, but the real one is very sad and ordinary. I started as an entirely loyal member of the Conservative party. I had never voted against the Conservative Whip in my entire parliamentary career—not once. What is more, although I voted remain in the referendum, I was absolutely determined that we should continue our proceedings by ensuring that we fulfilled the mandate of the British people and left the European Union.
For a long while, although I personally thought from the very beginning that the Prime Minister was unwise to set out her red lines, I swallowed my concerns about them and utterly supported her in her endeavour to get her version of leave across the line. Indeed, on frequent occasions, as several of my right hon. and hon. Friends will recall, I acted as a kind of broker to try to bring together my European Research Group colleagues with other colleagues who now sit in various parts of the House, to produce results—some of which are now encoded, as a matter of fact, in section 13 of the European Union (Withdrawal) Act. It was my endeavour to make this a process that enabled the Prime Minister to get to the end of the road successfully.
I have fulfilled that endeavour by trying to vote with the Prime Minister on every occasion on which she has brought a section 13 motion to the House. I apologise to Opposition Members for saying that I will do that again if the Prime Minister brings forward a meaningful vote 3, or 4, or infinity. I will go on voting for the Prime Minister’s deal, because I happen to think that it is perfectly okay. I am very conscious that many Members do not agree with me.
The problem we have faced—all 650 of us can agree on this—is that we have not been able to get a majority for the Prime Minister’s deal. That is the fact, and it is a problem, because if there is no majority for that deal and we want to leave the EU, we are forced down only one of two possible tracks, one of which is to find an alternative and the other of which is to have no deal. It was at the point a few months back when I surmised that there was a real possibility that the Prime Minister, I think by mistake rather than on purpose, was going to end up taking us out without a deal and without having adequately prepared for that, that I became so concerned that I started to work on a cross-party basis with many colleagues on both sides of the House to try to find a solution. This modest attempt to provide the House with an opportunity to vote in the majority in favour of an alternative way forward is simply part of that process.
There is a sentiment in the House that we need somehow to compromise. Earlier, I said to the Prime Minister that it was previously unthinkable for me ever to vote for a Brexit deal. Why is it so unthinkable for Government Members to agree to support a people’s vote on whatever Brexit deal we come together for?
If we go through the process that I hope we can inaugurate this evening, one thing we will all have to do is seek compromise. We almost know that if we all vote for our first preference, we will never get to a majority solution. I do not believe there is a majority in favour of the first preferences of any person in this House.
We have heard today from the Prime Minister and from my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) that there is no immediate guarantee that whatever majority we find in the House will become the established policy of either of the two main political parties. Does the right hon. Gentleman share my concern that we may end up in a situation in which we manifest a majority for a deal that is not quite right for the Conservative party and not quite right for the Labour party, and then the Whip system will kick in and there will suddenly be no majority in Parliament at all? In my mind, that makes no deal very dangerous and real.
The danger that the hon. Gentleman speaks of is real—we all face it—but there is a solution to it, which is to ensure that as we approach a majority we sufficiently discuss that issue, not only among Back Benchers but with those on the two Front Benches, to ensure that there is what the shadow Secretary of State rightly referred to a few moments ago as a “sustainable majority”. We need not just a majority for something but a majority for something that will continue to persist as the various stages have to be carried through. That must be our aim.
I have agreed with my right hon. Friend’s every word so far. He has just reached the key moment. As his amendment does not set out precisely the form that the indicative votes will take, there is a real danger that if everybody votes for their first preference, we will not produce a majority for anything. His amendment does not set out the basis on which the indicative vote motions are to be tabled. How are we to resolve the method by which we table them? The opinion of the hon. Member for Bishop Auckland (Helen Goodman) and myself is that the single transferable vote is the best way to steer people to one conclusion. It will force compromise, except from those who will vote only for their first preference. Unless my right hon. Friend has a better alternative, how does he guard against the danger of nothing getting a majority?
My right hon. and learned Friend is asking what is clearly one of the right questions. I give him two answers. The first is that, if this amendment is passed, we will need to think very seriously over the next 24 hours about the shape of the business of the House motion to determine the process for Wednesday, and indeed about how the process will carry forward beyond that. My own view is that, at least to begin with, it may be wiser simply to disclose where the votes lie on a plain vanilla basis—this point was made very forcefully a few moments ago—with all the voting going on at once, with pink slips in the Lobby at the end of the debate and not sequentially so that we do not have the gaming of sequence. On that basis we could discover which propositions that have been put forward commanded significant support and which did not. We should do so in the hope that, as politicians—we should remind ourselves that we are not just an ordinary electorate, but politicians who have spent our lives in this business—we can, in the succeeding few days, having observed the lie of the land, zero in on a compromise that could get a majority.
My second answer is that I do not at all discount the possibility that, at a later stage—I am sure that there will have to be a later stage, and indeed I hope that the business of the House motion will book a slot for a later stage—we should resort to some other method to crystallise the majority if we find that it is otherwise difficult to do.
Given that the process could take a few days more, as my right hon. Friend clearly explains, does that not underline that we had better crack on with this on Wednesday? If the Government will not, for some peculiar unknown reason, commit to Wednesday in their wind-up tonight, it is absolutely essential that we pass his amendment.
I find myself in the very odd position of being slightly more hard-line than my right hon. and learned Friend on this. I am afraid that we have to press this amendment tonight, because I do not believe that the Government have a clear view of how they would conduct this process. The terms of the amendment, which have been very carefully considered over quite a long time, are structured in a way that maximises our flexibility and our capacity as a House to work together. We should work with Members on both Front Benches on formulating Wednesday in the best possible way and producing a business of the House motion that, if possible, is a matter of consensus. That is best done under the framework of this amendment, and we should press it tonight.
I will support the right hon. Gentleman’s amendment tonight, and I am happy to have put my name to it. What he said about not rushing through this all in one day is a very important point. We need time. There are reasonable concerns that people do not want suddenly to be deciding on the future relationship of the country, potentially for the next 40 years, in a couple of hours in here. I was pleased to hear what he said about this being the start of a process. Does he agree that in getting together and setting that business of the House motion, we must ensure that it is a fair, balanced process that enjoys the confidence of Members in all parts of the House—all parties and all persuasions—and that it is not seen as loaded in one direction or the other, or indeed in favour of the Government’s policy?
I thoroughly agree with the hon. Gentleman. It is possible—and, above all, it should be possible for us at this juncture—to ensure that the neutrality of the process is guaranteed. Of course we will have conflicting views about the ideal outcome, but if we are to come together on an outcome that all of us can tolerate, and that will consequently achieve a sustainable majority, we will have to ensure that everybody recognises the process by which we get to it as being fair and neutral as between the various options.
Of course I shall give way, but if the right hon. Members will allow me, I did indicate earlier that I would give way to the right hon. Member for Broxtowe (Anna Soubry).
I just wish to confirm everything that the right hon. Gentleman has said about how he started off believing in the delivery of Brexit, and indeed continues to do so. His description of his journey is accurate. My question was whether he would push his amendment to a vote, and if so, why. I think he has made that very clear to the House.
I am delighted to give way next to the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper).
I thank the right hon. Gentleman. As he knows, I strongly support his amendment, and he is making an extremely important speech. Does he agree that, as the Government have effectively taken two years to get to this point, it is not unreasonable for the House, in this unusual and difficult situation, to recognise that it is likely to take us more than one day to attempt to do what the Government should have done quite a long time ago? Can I therefore urge him, when he is thinking about further steps, to highlight the importance of our identifying a further day next week when we can have similar debates and discussions if we need to, so that we can come to a conclusion? I also urge the Government to think about what they should be doing to provide for these further votes so that we can come to a consensus, and to recognise that there may need to be further binding votes in this process as well.
Unsurprisingly, given the close co-operation that there has been between us, I entirely agree with everything that the right hon. Lady has just said. It is of the utmost importance that the business of the House motion on Wednesday should also provide for a further day, or days, in which to take forward the process that will begin on Wednesday so that it can reach a successful conclusion. We will also have to attend to the question that has been discussed this evening and that began to be aired when the Prime Minister was answering questions on her statement: what the Government will do if the House reaches a majority—not for some unicorn or some ludicrous proposition that utterly contradicts common sense, but for a sensible way forward—and how we will persuade the Government at that stage to allow that majority view to be implemented. That will be a major issue.
As the right hon. Gentleman knows, I support his amendment and will vote for it tonight. I am delighted that he has agreed that we need to move to paper ballots and to end some of the gamesmanship that has been going on. The Father of the House raised the issue of the voting system, so I shall not repeat that point, but there are two other points that we need to bear in mind. One is whether the votes are indicative or definitive. Perhaps we will move from one to the other, as my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) said. The other point is how an option gets on to the ballot paper. That is also an extremely tricky, nice issue. What I want to know from the right hon. Gentleman is whether he thinks we might need time to amend the business of the House motion. The way we do that will also be a subject for discussion, as will actually going on to do it.
I was with the hon. Lady nearly to the end, but not quite to the end. I am conscious that although the point that the right hon. Member for Normanton, Pontefract and Castleford made a minute or two ago is right—we should allow ourselves a couple of days to do what should have been done over a couple of years—we are also under very considerable time pressure. There is a reality in the situation, which is that on 11 April, we will hit the buffers. Therefore, we should not spend too much time debating the process. We should, if possible, move forward on the basis that there is sufficient consensus about the process not to have to debate it, and get on with the substance. To that end, it would be sensible if we began this process by allowing Members who wish to put forward alternatives to do so. There are groups of people who support, for example, a people’s vote as a confirmatory process or otherwise, Norway plus, or the propositions hitherto put forward by the Opposition. We need to let those Members formulate their propositions in their own terms, in the ordinary way.
You have a long record, Mr Speaker—previous Speakers have also had a long record—of finding a way of selecting for debate amendments that carry sufficient weight in terms of numbers, cross-party support and so on. That is a perfectly proper process to use. It does not involve any one of us tilting the playing field, and it enables us to proceed without too much further debate about process.
The right hon. Gentleman is being very generous in giving way. The Scottish National party will be delighted to support his amendment because if the House controls the process, it is likely that all the options can be considered, including revocation, which is the only thing that we can do unilaterally. I say that publicly now partly as a pitch for revocation to be on the options paper, but mainly to say that I rather lack the trust in the Government that they would include all the valid options if they were in control of the timetable.
I am glad that I did give way to the hon. Gentleman—first, because I am obviously very grateful that he and his colleagues will be supporting the amendment, and secondly, because I wholeheartedly endorse what he says. Personally, I am utterly opposed to revocation and I am also actually wholly unpersuaded of the merits of a people’s vote at the moment, but both are obviously serious options to consider. Incidentally, I am also radically opposed to a no-deal exit, but if some of my colleagues wish to put that forward as a serious proposition, it is a serious proposition that would need to be debated. Yes, it is essential that we should be able to look at all the serious options—not wild unicorns, but things that we could actually do to carry this process forward in one direction or another. I feel confident, Mr Speaker, that when you look at sensibly phrased motions of very different kinds, you will choose for debate all those that are serious possibilities that the House needs to consider; that is in the interests of the House and in the interests of the nation.
I will end my remarks by mentioning something that comes from personal experience. Liberal Democrat colleagues may recall this, as well as some of my hon. Friends on the Conservative Benches. There was a time, in 2010, when this nation faced another cliff edge. We were within days of the Bank of England discovering that our creditors would not finance the UK any more. It was just after the 2010 election, which no one had won, and it was clear that nobody could form a Government except by coalition. We were very heavily indebted due to what had happened in 2008, and we were told by the Governor of the Bank of England that if a coalition was not formed pretty quickly, he personally felt that the lenders would go on strike and we would have a meltdown.
Of course, there were then discussions between the Liberal Democrats and the Labour party, and between the Liberal Democrats and the Conservative party. I was a part of the Conservative party team on that occasion and I was informed, when we had finished those negotiations and had brought them to a successful conclusion, that the cleverest and most experienced people in the civil service—incidentally, I do not wish to demean the civil service, and I hardly can because my wife was a senior civil servant—had put their collective minds to the task and formed teams to find out whether it was possible to have a coalition agreement, either between the Labour party and the Liberal Democrats or between the Liberal Democrats and the Conservative party. They had worked the situation through in awesome detail and had convinced themselves that it was absolutely impossible to form a coalition—that it could not be done.
We sat down, and four days later there was a coalition agreement. And why did that come about? It came about because politicians sat down and were not concerned with the kinds of things that people are concerned with when they are very brilliant administrators, but were concerned with trying to find out how to accommodate the essential requirements of the other side. This is, of course, the process that should have happened two years back in this connection—but we have the opportunity to do it now. I hope and pray that if the House does vote for this amendment, it will not see this approach simply as a set of votes in the abstract, but as the beginning of a process in which, by discovery of where the land lies, we can then come together, find a consensus, get a majority and carry on forward in a sensible way.
The hon. Gentleman is correct. That is referenced in the amendment tabled by the Leader of the Opposition, but he is silent on the fact that his own proposed deal has also been rejected. That points to the lack of consistency that we see so often in his approach.
Let me turn to amendment (a). My right hon. Friend the Member for West Dorset said that his proposal was little different from established practice on a Friday in respect of private Members’ Bills. I gently suggest to my right hon. Friend, who is an experienced and senior Member of the House, that there is a difference between the Government choosing to make time available to Members for private Members’ Bills and Members taking time from the Government to control the very business of the House.
If that is a problem constitutionally for the Government, what about their simply accepting the amendment, thereby turning it into a Government amendment?
My right hon. Friend had that exchange at the beginning of the debate with the Chancellor of the Duchy of Lancaster, who in his usual skilful way addressed the point by saying that the Government will make time available this week to take the matter forward.
(5 years, 5 months ago)
Commons ChamberThe Prime Minister knows that if she brings her deal again to the House I will again support it, but will she confirm today that the full length of the extension that she is seeking from the EU will be available to the House regardless of whether it supports her measure or seeks another way forward?
As I think my right hon. Friend will have heard me say in answer to the very first question posed in Prime Minister’s questions today, the Government intend to bring forward proposals for a third meaningful vote. If that vote is passed, the extension will give the House time to consider the withdrawal agreement Bill, and if it is not, the House will have to decide how to proceed.
(5 years, 5 months ago)
Commons ChamberI do not disagree with my right hon. Friend, but the remedy for the House is to rally behind an actual deal that allows our exit from the EU to take place.
My right hon. Friend is making his case with his customary acuity and good manners. I agree with him that the essence here is not all these arcana imperii about the European elections but rather the fact that this House has to come to a decision and agree on a way of leaving this institution in an orderly fashion if it is to prevent a no-deal exit. That is clear to almost everyone in this House. Does my right hon. Friend agree that, while it is obviously appropriate for the Prime Minister to continue to do whatever she feels she needs to do to promote the deal that she is promoting, and for which I have voted and will continue to vote until the very end, it would also be appropriate for her to enter, after an extension has been agreed, into immediate discussions across the House to ensure that, in a parallel process, a cross-party view of a deal that could obtain a majority could be settled by the House? We could then find out which of the two alternatives permits a majority to be found and a deal to be enacted.
As I said earlier, the Government are giving a commitment that, if it is not possible to secure support ahead of the European Council for our withdrawal under the negotiated deal, we would have to come back to the House in the two weeks following the Council to consult through the usual channels the political parties across the House to agree on the process by which the House could then seek to find a majority.
For reasons that I will come on to—if I ever get to address the amendment tabled by the right hon. Member for Leeds Central (Hilary Benn) and other hon. Members—this is far from uncomplicated, but I think I gave that commitment earlier in my speech.
My right hon. Friend raises an interesting question that I confess I had not considered in detail. A number of Members of the House sit as independent Members of various kinds, and they may or may not be registered as a political party with the Electoral Commission under the terms of the relevant legislation. Again, it seems wrong in principle for those Members to be denied the right to at least put forward for consideration a motion that embodies their wishes.
My right hon. Friend is an old friend, and I admire the ingenuity of his logic. Will he return for a moment to an issue that concerns the fate of more than 60 million of our fellow citizens—namely whether this country will leave the EU without a deal because the House has failed to reach an agreement? The amendment seeks to facilitate, within a short three-month extension—not a long one—the House’s ability, through some mechanism, to debate and resolve the question of a deal across the parties. Perhaps my right hon. Friend would like to make a statement now from the Dispatch Box to state that on the day in question the Government will bring forward their own motion, describing exactly the process we are seeking, and allowing the House, by express votes, to arrive at a sensible compromise solution. None of those who have tabled this amendment prefer to grab the Order Paper or to use these elaborate devices to achieve that. We seek, above all and only, to ensure that the House has the opportunity to rescue our fellow citizens from a fate that both my right hon. Friend and I wish to avoid.
I completely accept the sincerity and good intentions of the approach taken by my right hon. Friend and the other signatories to the amendment, but I still believe it has the deficiencies to which I referred. In this scenario we need a process that ensures that the House faces up to decisions. Therefore, on behalf of the Government, I have proposed that in the two weeks following the European Council—were we to be in the position by then that no withdrawal agreement has been approved by the House to allow for a technical extension only of article 50—we should hold consultations with other parties, through the usual channels, to try to find a process that enables the House to find its majority.
For the reasons that I set out earlier at some length, I simply do not think that the European Council would think it plausible to agree a three-month extension to article 50 without much greater clarity about the process and outcome of that hypothetical scenario. As he says, my right hon. Friend has always supported the deal that the Prime Minister negotiated and is on the table, but he puts forward a scenario in which the House might agree on something that required significant changes to the current text of the agreement. We do not know that, but we could then face a considerable exercise at EU level, with textual amendments and the process of going through different EU institutions.
I am going to make some progress.
Here we are, with 15 days to go, and the extension of article 50 is a necessity, not a choice. It is the only way in which we can try to prevent ourselves from leaving without a deal on 29 March, and that is what our amendment seeks to achieve.
It is important for us to identify a purpose, and the first purpose is to remove the 29 March cliff edge. We cannot simply vote against no deal, as we did last night, and then take no further action. I have said repeatedly that this should have been done weeks ago rather than being left to the last minute, and that the sooner it is done, the better. Parliament must act today, and instruct the Government to seek an extension of article 50. However, we do need to begin the debate about the wider issues. The extension should be as short as possible, but it needs to be long enough to achieve the agreed purpose.
I listened to the earlier exchanges about EU elections. Let me make it clear that the Labour party does not want to be involved in those elections. There are at least three different views, both here and in Brussels: I know that, because I have been discussing this issue in Brussels for six months. One view is that we cannot get past May without participating in the elections. Another is that we cannot get past June without doing so. Another is that it might be possible to add a protocol or agreement to the treaty that would allow a long extension without EU elections. All three opinions are circulating here and in Brussels, and lawyers are putting their names to them.
We must decide, as a House, what we are requesting extra time for. The Government must then go to Brussels and seek an extension for the agreed purpose, and engage in discussion and negotiation about how long it should be. The one thing that we should not do is just set the clock running and say that that will dictate everything that happens from here on.
I agree with the right hon. and learned Gentleman wholeheartedly. Is not the whole experience of dealing with the EU—not just on these matters, but for many years—that because it is a treaty-based organisation, politics and law are much more closely aligned than they are in this country, for example? It is perfectly possible for the members of the European Council, acting as member states, to make decisions that actually become effective. Even if some set of lawyers within the apparatus happen to think it rather odd at first, they adapt themselves to it with heroic adaptability.
I absolutely agree. The right hon. Gentleman has probably—like me—been having those conversations with lawyers, officials and politicians across the 27 EU countries. All three of those views have been expressed to me by officials and politicians, including the view that, if it were necessary to go beyond June for an agreed purpose, that could be possible without our being involved in EU elections. I do not pretend for a moment that there are not legal implications, and I do not pretend for a moment that it would be easy, but I do know that this is a discussion that could be had.
(5 years, 5 months ago)
Commons ChamberI will try to restrain my appetite to take further interventions, Mr Speaker.
Yesterday, the Prime Minister set out three clear commitments to the House that should provide reassurance and clarity about the way forward. First, we will hold a second meaningful vote by Tuesday 12 March at the latest. Secondly, if the Government have not brought forward a further meaningful vote, or if we have lost such a second meaningful vote by Tuesday 12 March, then we will, in addition to the Government’s obligations—I stress that this is in addition to, not in place of them—table a neutral, amendable motion under section 13 of the European Union (Withdrawal) Act 2018 to be voted on by Wednesday 13 March, at the latest, asking this House if it supports leaving the EU without a withdrawal agreement and a framework for a future relationship on 29 March this year. The United Kingdom will leave without a deal on 29 March only if there is explicit consent in this House for that outcome.
Thirdly, if this House, having rejected leaving with the deal negotiated with the EU, then also rejects leaving on 29 March without a withdrawal agreement and future framework, the Government will, on 14 March, bring forward a motion on whether Parliament wants to seek a short, limited extension to article 50. If the House votes for an extension, the Government will seek to agree that extension approved by the House with the EU and bring forward the necessary legislation to change the exit date commensurate with that extension. The Government are committing themselves to bring forward—and therefore to support—such legislation. These commitments all fit the timescale set out in the private Member’s Bill in the name of the right hon. Member for Normanton, Pontefract and Castleford. They are commitments made by the Prime Minister, and the Government will stick by them, as we have stuck by previous commitments to make statements and table amendable motions by specific dates.
May I say that I enormously welcome the fact that my right hon. Friend has reiterated all that from the Dispatch Box? I have personally had no cause ever to doubt that what the Prime Minister states from the Dispatch Box will be anything other than fully fulfilled, but my right hon. Friend repeating it today is helpful, as were the remarks of my right hon. Friend the Brexit Secretary earlier this morning. In light of those remarks, it is my view that there is not a necessity to proceed in the way in which the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) and I, with many others, would have wished to proceed in relation to amendment (c) and the Bill referred to in it.
The straight answer is yes, of course. Frankly, I just do not see any circumstance in which, if a period had been agreed with the European Union or had the potential to be agreed, the Government would not bring this back to the House. Were the Government not to bring it back, it would be brought back anyway under the provisions of section 13 in the way in which I described in response to an earlier intervention, so I think I can give my hon. Friend that clear reassurance on that point.
I thought that that answer was extraordinarily helpful. I agree with my right hon. Friend entirely that the provision actually already exists under section 13, but I think that his confirmation of the attitude of the Government to that matter settles the thing.
I am very grateful to my right hon. Friend for that intervention.
I will give way, but I want to finish answering this question. The point is that, unless and until the Prime Minister changes her red lines, it will be impossible to find any space for those negotiations to progress. I do not rule out something dramatic happening next week. The Prime Minister may come to the Dispatch Box and say she now understands that her red lines were the problem and that she is prepared to change them, but I do not think that that will happen. I have concluded that the Prime Minister will plough on with the deal that she put before us last time, and that she is not willing to drop her red lines, which would allow more fruitful progress in those discussions.
I say that without prejudice to the fact that those discussions will go on between now and 12 March. However, the fact that a date is already set for the deal to come back in two weeks’ time makes me just a little cautious in suggesting that those discussions will bear fruit in those next two weeks.
I am very grateful to the right hon. and learned Gentleman for giving way. As he knows, I shall be voting for the Prime Minister’s deal. I think something has changed, which he did not admit at the beginning of his speech: the circumstances of the past 24 hours. I think they may change minds on the Government Benches quite significantly and favourably. But if it does not pass, while I completely agree with him that under those circumstances the Government will need to look again at their red lines to try to get an agreement that is somewhere in the region of what he has been describing, will he also commit that the Labour Front Bench will exercise flexibility? My whole experience of dealing with coalition Government was that it takes two to tango. There has to be flexibility on both sides to get to an agreement.
I am grateful for that intervention. We are playing our part in those discussions with the Government and will continue to do so for as long as is necessary. I do not want to go into what we are discussing, but we will continue to do so as long as is necessary. I am just slightly cautious as to the likelihood that that will lead to a breakthrough in the next 14 days.
(5 years, 6 months ago)
Commons ChamberWith the greatest respect to my right hon. Friend, I think that my approach throughout the last two years has demonstrated that I am prepared to be pragmatic in response to these things. I did not regard myself as bound by a referendum. In the British constitution, referendums are advisory—they are described as such in official pronunciations—but politically most Members of this House bound themselves to obeying the result. That was brought home to me in a parliamentary way, consistent with what I have just been saying, by the massive majority of votes cast for invoking article 50. I opposed the invocation of article 50, but since that time I accept—I have to accept—that this House has willed that we are leaving the European Union.
With respect to my right hon. Friend, I do not concur that we agreed to leave unconditionally, whatever the circumstances, at a then arbitrary date two years ahead. We then wasted at least the first 18 months of the time, because nobody here had really thought through in any detailed way exactly what we were now going to seek as an alternative to our membership of the European Union, to safeguard our political and economic relationships with the world in the future. And we still have not decided that. It looks as though I am going to be remarkably brief by my own standards, but that is probably only by contrast with the frequently interrupted Front-Bench speeches, to which I have mercifully been only mildly, and perfectly pleasantly, exposed.
Where does this leave me, given that I believe I have a duty to make my mind up on the votes that we are going to have today? I am one of those who voted for withdrawal on the withdrawal agreement. That was the first time in my life that I have ever cast any kind of vote contemplating Britain leaving the European project and the European Union. I thought that the agreement was perfectly harmless and perfectly obvious, and could have been negotiated years before, with citizenship rights, legally owed debts that we are obviously going to honour and an arrangement that protected the Irish border—the treaty commitment to a permanently open border.
The independent hon. Member for North Down (Lady Hermon) is the only Irish Member we have who agrees with the majority of the Irish population, who would prefer to remain. Like me, I think that she accepts the reality, but I know that she thinks the backstop is an important defence of the interests of Ireland with an open border. It is quite absurd to reopen that question. I am glad to say that the Prime Minister is still very firmly committed to a permanent open border, and I congratulate her on that. She is not going to break our solemn treaty commitments and set back our relationship with the Republic of Ireland for another generation. I realise that the Prime Minister has been driven to this by the attitudes of quite a number of Government Members, but I personally cannot see what the vague alternative to a perfectly harmless backstop that we are now going to explore is; nor do I see what the outcome is going to be. Our partners—or previous partners—in the European Union cannot understand quite what we are arguing for either, so we move from having a deal to not having a deal.
Let me just say what I will vote for. I am not going to go through it amendment by amendment, because Members are waiting to move those amendments. I shall vote for anything that avoids leaving with no deal on 29 March. It is perfectly obvious that we are in a state of such chaos that we are not remotely going to answer these questions in the 60-odd—fewer than 60—days before then. We need more time. The Prime Minister says that there are only two alternatives: the deal we have got, which she is now wanting to alter and go back and reopen; or no deal on 29 March. That is not true. A further option—and my guess is that the other members of the European Union would be only too ready to hear it opened up as a possibility—is that we extend article 50 to give us time to actually reach some consensus. I think that it would create quite some time, and there are problems over the European Parliament and so on. I have always said that we can revoke it, while making it clear to the angry majority in the House of Commons that they can invoke it again, with their majorities, once we are in a position to settle these outstanding issues, which, as we sit here at the moment, we are nowhere near to resolving, and we are right at the end of the timetable. The alternative to no deal is to stay in the Union for as long as it takes to get near to a deal that we are likely all to be able to agree on and that the majority of us think is in the national interest.
I think that my right hon. and learned Friend will therefore be joining me in the Lobby in support of what is known as the Cooper amendment. Does he agree that in changing Standing Orders, the House of Commons, if it has a majority to do so, is doing something that the House of Commons has done since Standing Orders were created, and did before the Government took control of the Order Paper in 1906?
Absolutely. We will not debate the constitutional history, but people are trying to invoke the strictest interpretation of Standing Orders going back to attempts in the late 19th century to stop the Irish nationalists filibustering, which brought the whole thing grinding to a halt. Now we are saying that as this Parliament has the temerity to have a range of views, some of which are not acceptable to the Government, Standing Orders should be invoked against us to discipline us. Anyway, I will not go back to that, but I agree with my right hon. Friend.
The other thing that I shall vote for is another thing that supports the Prime Minister’s stated ambition for the long-term future of the country: open borders and free trade between ourselves and our markets in the EU, as demanded by our business leaders, our trade union leaders, and, I think, most people who have the economic wellbeing of future generations at heart. I think the only known way in the world in which we can do that is to stay in a customs union, and also to have sufficient regulatory alignment to eliminate the need for border barriers. I do not mind if some of my right hon. and hon. Friends prefer to call the customs union a “customs arrangement” or if they care to call the single market “regulatory alignment”. I do not feel any great distress at their use of gentler language to describe these things. Nevertheless, something very near to that is required to deliver our economic and political ambitions.
It is also the obvious and only way to protect the permanent open border in Ireland. We do not need to invent this ridiculous Irish backstop if the whole United Kingdom is going into a situation where it has an open border with the whole European Union in any event. The Irish backstop was only invented to appease those people who envisaged the rest of the British Isles suddenly deciding to leave with no deal before we had finished the negotiations in Europe. Well, let us forget that. Let us make it our aim—it will not be easy but it is perfectly possible—to negotiate, probably successfully, with the other 27 an open trading economic and investment relationship through the single market and the customs union.
Well, in truth, it is very hard to see what she can come back with if my right hon. Friend is correct in his assessment. It is odd, to put it very gently, that we are spending so much time on the backstop, which is something that the Government signed up to more than a year ago, when we really should be debating the most important issue: the future of our relationship with our European neighbours. The reason why the defeat was so large, certainly in relation to those on the Opposition Benches, is that we are not prepared to sign up to a deal that, far from giving the nation certainty about the future of that relationship, has shrouded it in fog and mist that is entirely of the Government’s own making. My preferred approach, as Members will probably know, is to be part of the European economic area and a customs union. Other Members have different views, which is why I put down the amendment calling for indicative votes as recommended by the Select Committee. Although the Prime Minister today appeared to be unenthusiastic about indicative votes, she spent most of her speech hoovering up indicative suggestions, mainly from those on her own Benches. I gently say to her that, one day, she may find herself climbing into the “little rubber life-raft”—to quote a former Prime Minister—of indicative votes. Until that central issue is addressed and until the Government are honest with the House about the choices that we have to make, we will continue to remain in our current state—businesses will continue to remain uncertain about their future and, frankly, the public will continue to ask us, “What on earth is going on?” That brings me to the amendments that seek to prevent us from leaving the EU without an agreement in just 59 days’ time.
Does the right hon. Gentleman agree that if we are to succeed in using indicative votes as a process for getting to resolution, hon. Members on both sides of the House and from all parts of the House will have to be willing to sacrifice their first preference and ask instead the question, “What can I tolerate?”
I say to the right hon. Gentleman, as I have said to the House before, in the end, if we are to make progress, people will have to compromise. It is a very British tradition, which seems to be somewhat lacking in the process at the moment.
The Select Committee took a lot of evidence and we came to a very, very stark conclusion, and I will quote what we said:
“A ‘managed no deal’ cannot constitute the policy of any responsible Government.”
I do not think that that conclusion will come as a surprise to the Prime Minister. She knows it, most of the Cabinet know it, business knows it and the House knows that the damage that would be inflicted, and the sheer practical difficulties of leaving on 29 March, mean that this is an outcome that cannot possibly be contemplated. I know there are those on the Government Benches who say, “Oh, it’s all exaggerated.” What I do not understand is why it is that they, with great respect, appear to know more about the consequences of no deal than do the businesses that import things, that make things and that export things.
It is a great pleasure to follow the right hon. Member for Belfast North (Nigel Dodds) as someone who was both present and involved when the confidence and supply arrangement was originally signed. I am delighted that it is in such robust health today.
I rise, as indeed the last two speakers did, to support amendment (n) in the name of my hon. Friend the Member for Altrincham and Sale West (Sir Graham Brady). I do so partly because the House now needs to say something positive. The Prime Minister was right when she said in her opening speech that we all know what we do not like collectively; we now have to start moving down the path quite quickly of things that we do like.
Three issues have arisen during this debate where I would invite Members on both sides to question the conventional wisdom. First, both sides appear to agree that there should be no more delay, but many in all parts of the House will be tempted by amendments tonight that will lead to more delay; that seems to me to be slightly incoherent. The second point that I have heard time and again is that there is something wrong with the Prime Minister radically changing the backstop arrangements when she put them forward so strongly. It seems to me that when something is put to the House of Commons and it is defeated by 230 votes, there is a certain degree of common sense involved in changing it radically. That seems to me to be sensible. Thirdly, there is the temptation, not just of colleagues in this House but people outside, to assume that everything said by anyone representing the Commission, the European Parliament or any other European body must be taken as gospel whereas anything said by a British politician must be taken as a negotiating stance. Speaking as someone who is a lifelong pro-European and who campaigned hard for remain, I must say that we do need to show a bit more realism, and occasionally a bit more cynicism. Guy Verhofstadt has been quoted in this debate; good man though he is in many ways, I have never noticed him particularly advancing the interests of this country, nor is he paid to do so.
It is clear that given the result of the referendum—a narrow victory—the winners must win but the losing 48% who accept the result want a smooth and orderly Brexit. We need a new deal after the last vote and therefore several things are important. First, we need to start changing the tone of the debate both inside this Parliament and outside. We have seen some of the hatred and bile that has been introduced into our politics by the passions aroused on this, and it is the responsibility of us all to try to drain that bile—to try to improve the tone of the debate. Apart from one or two instances at the start, it seems to me that our debate this afternoon is a model of how to do it. We all respect each other’s views, and we know that everyone on all sides has strong views. Many of us who are not just conventionally hon. Friends but are actual friends will be going into different Division Lobbies tonight, and that is as it should be, as long as we can continue the civilised tone.
I support amendment (n) because it gives us the outline of a new deal that might be successful in negotiations with Europe and certainly gives the British Government a coherent position following the loss last time. I will not vote for any of the other amendments, partly for constitutional reasons. I think that the distinction between Parliament holding the Executive to account and Parliament trying to become a quasi-executive, even in limited terms, is a confusion that we should not consider.
Although other amendments are in some ways attractive, the amendment on the indicative vote is perhaps premature. I take the Prime Minister’s point that those of us who are very against no deal will have an opportunity to express that opposition. I am absolutely at one with those colleagues who say that no deal would be a disaster.
I just want to understand the import of what my right hon. Friend is saying. He and I are genuine friends but we will go through different Lobbies to vote on the amendment tabled by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper). I will also vote for amendment (n), which obviously we hope will succeed, but if it does not succeed and the Prime Minister comes back in the middle of February, as she has said she will, unwilling to ask for a delay, would he then change his mind about the constitutional propriety of avoiding a no-deal exit through Parliament?
I am delighted that my right hon. Friend is asking me to address hypothetical questions. Let us see where we are in two weeks’ time. Certainly, as I have said before, I will do whatever it takes to avoid a no-deal Brexit. The method chosen may not be exactly right, but he and others with immensely fertile brains may yet, I hope, have two weeks to think again or, even better, may not need to. I hope that the focusing of minds in this country is reflected by a focusing of minds in Brussels and, indeed, in Dublin.
Unlike the right hon. Member for Wolverhampton South East (Mr McFadden), I am a very easy man to please. I voted for the Prime Minister’s first deal; I shall vote for whatever she brings back; and I am going to vote for the Brady amendment. I am past caring what deal we have; I will vote for it to get a smooth exit.
The fact is that tonight we are faced with a choice of huge significance for our country, but it is not about the deal we do or do not get eventually, which I suspect in the long run will have to be done through some kind of consensus we have not yet found in this House. We are not really voting about that tonight.
The 29th of March is not an abstract fact; it is going to happen. There is going to be a 29 March, which is a real day, and what we are really voting about tonight is the question whether, in the absence of this House taking action, we will leave the EU without a deal—in fact, in the absence of the House taking action tonight rather than two weeks from now, because I do not believe that vote is really going to happen. I am perfectly aware that some very old friends of mine, whose integrity and passion I respect and admire, believe that leaving without a deal is a perfectly tolerable outcome, or even a good outcome, for this country. I respect that opinion, but I do not share it.
I am also aware that many people think the Conservative party will suffer if it is seen in any way to do anything that delays the exit date. I accept that there is some suffering, and I have experienced some of it in my constituency. I have experienced some of it through the tirades of those who send me emails and the like. I accept that.
What my hon. Friends ignore is what will happen, first, to this country, which should be our first preoccupation, and, secondly, to our party if we leave on 29 March, taking the risks involved in not having a deal, and it goes wrong. Incidentally, I entirely accept that it might be perfectly all right, but it might not. If it is not, it will be Conservative Members and our Government—it will not be Opposition Members, some unseen force or the EU—to whom those difficulties will be attributed by the population of our country. When the people elect a Government, they expect that Government to look after them and not to impose risks and difficulties.
If those risks materialise, our party will not be forgiven for many years to come. It will be the first time that we have consciously taken a risk on behalf of our nation, and terrible things will happen to real people in our nation because of that risk, and we will not be able to argue that it was someone else’s fault. I beg those Conservative Members who are still in doubt—I know there are many who are not—to consider that issue when we go into the Lobbies tonight.
Finally, I will say one word on the question whether amendment (b) and the Bill proposed by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) and my hon. Friend the Member for Grantham and Stamford (Nick Boles) is some kind of constitutional outrage. The Father of the House spoke about it, as did my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), and I will add a word.
It is a fine thing to debate constitutional process, but if one is going to do so, it is important to read the books. It is important to know what our constitution is. There is one pre-eminent authority on the law of our constitution, and the one thing that A. V. Dicey makes clearer than anything else in his very large book is that the House of Commons has undisputed control of its own procedures. The Standing Orders of the House of Commons, which Bagehot tells us are the nearest thing in this terrible constitutional melee to a constitution in our country, are under the control of this House. There is nothing improper, wrong or even unusual about changing Standing Orders by a majority of this House of Commons. Until 1906, the Government did not have control of the Order Paper. It was invented for a particular reason that the Government should have that control, but there is no need for them to have it in future.
(5 years, 8 months ago)
Commons ChamberNo. The concern about the potential indefinite nature of the backstop is one that has been expressed by a wide range of Members of Parliament, including some on the Opposition Benches.
I very much hope for the sake of this country that the Prime Minister will prevail in the difficult negotiations that lie ahead. I hope that as she enters those negotiations she will be sustained by the widespread admiration—not just on these Benches, not just among Conservatives, but in the country as a whole—for the dignity and the perseverance she has shown.
I think the best answer to my right hon. Friend is to say thank you. And I will be.