Business of the House

Debate between Oliver Letwin and Hilary Benn

Wednesday 27th March 2019 Commons Chamber

[Sir Oliver Letwin]

But my hon. Friend needs to attend to the point that those of us who are proposing this have exactly recognised that precedent. What went wrong on that occasion above all was that it was a single point in time, it did not produce a single answer and therefore it was declared a failure. We are not seeking a single point in time here; we are seeking a process. We are using the first stage of that process as an act of discovery. We are then having a number of days in which politicians can talk to one another and try to achieve a consensus. That can be reflected in a further vote or set of votes. That is a very different process. I think that had that process been applied in the case of the House of Lords we might by now have had a sensibly restructured House of Lords, which alas we do not. But that is another piece of history that I am sure I must not deal with.

[Hilary Benn (Leeds Central) (Lab)]

The right hon. Gentleman is making a powerful case for giving the House the chance today to express its views. Further to the point just raised by the Chair of the Northern Ireland Affairs Committee, the hon. Member for South West Wiltshire (Dr Murrison), the truth is that we do not know what this will produce. It is called indicative votes for a reason: it is intended to give an indication of what the House thinks. But is not the most powerful point that the uncertainty is not an argument for not trying, bearing in mind that we are potentially 16 days away from leaving with no agreement, if the Prime Minister’s deal does not pass and if the EU were, heaven forbid, to refuse us a further extension? We should really get on with it.

[Sir Oliver Letwin]

I completely agree with every word of that. The point the right hon. Gentleman makes is exactly the reason why we are proceeding in this way. I want to take this opportunity to pay tribute to him and his right hon. and hon. Friends with whom we have been co-operating on this. Actually it has been a pleasure and the reason it has been a pleasure is because we share a fundamental concern with the interests of our country to have a way forward that is orderly and does not leave us with a disaster by mistake. We may differ on many things, but on that we are entirely joined, and that is the very purpose of this exercise.

Mr Speaker, although I have not myself said very much of what I was going to say, I think I have now gone on for much too long—[Hon. Members: “Hear, hear.] It has been in response to quite a lot of interventions. I discern that there are not any more around, so I think it falls to me to resume my seat.

European Union (Withdrawal) Act

Debate between Oliver Letwin and Hilary Benn

Monday 25th March 2019 Commons Chamber

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

rose—

[Hilary Benn]

rose—

[Sir Oliver Letwin]

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).

European Union (Withdrawal) Act 2018

Debate between Oliver Letwin and Hilary Benn

Tuesday 29th January 2019 Commons Chamber

[Hilary Benn]

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.

[Sir Oliver Letwin]

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?”

[Hilary Benn]

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.

European Union (Withdrawal) Bill

Debate between Oliver Letwin and Hilary Benn

Committee: 7th sitting: House of Commons
Wednesday 13th December 2017 Commons Chamber

[Hilary Benn]

I am still wrestling with the concept of a red, white and blue Brexit, and I did not find it very enlightening.

The second answer was, “No running commentary,” but that eventually had to give way to the Lancaster House speech and a White Paper. Then we asked, “Will Parliament get a vote?” Almost exactly a year ago, when the Prime Minister last appeared before the Liaison Committee, I asked her that question. She was unwilling to give me a commitment on that occasion, but we all pressed, and in the end the Government conceded that there would be a vote.

We argued that there would need to be separate primary legislation to implement the withdrawal agreement, but what did the Government do? They produced this Bill, which says, “No, no. We’ll just do it all by statutory instrument.” That was until amendment 7 appeared on the horizon, at which point the Government changed their mind. If the Committee insists, as I hope it will, on amendment 7 later today, that will be because of our experience of the Government’s handling of the Bill so far. They have not acted in the spirit of seeking consensus, even though the Prime Minister said earlier that that was what she wanted to achieve.

The final point I want to make is simply this. Parliament has no intention of being a bystander in this process. We intend to be a participant, as I have said on a number of occasions, because this decision affects every part of the country, every business and every family. Today’s debate and vote are all about control, which must ultimately rest not in Ministers’ hands but in our hands. It is up to us to make sure that that happens.

[Sir Oliver Letwin]

Until now, with the exception of some interventions, I believe that all contributions have been, in one way or another, in support of amendment 7 and its correlative amendments. I hope, Sir David, that you will allow me a little leeway with timing to address my points, because I do believe that the debate has so far been one-sided.

I want to start by talking about the speech made by the right hon. Member for Leeds Central (Hilary Benn), who was characteristically good-humoured and articulate, and the fine speech from the Opposition Front-Bench spokesman, the hon. Member for Greenwich and Woolwich (Matthew Pennycook). I will then turn to amendment 7 and the speech made by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve). They all brought the cat out of the bag very well. As I will explain in a moment, I distinguish between what the Opposition are after and what my right hon. and learned Friend is after.

The right hon. Member for Leeds Central and the Opposition spokesman in effect said this. The House of Commons voted by a vast majority for a referendum, the people by a narrow majority voted to leave and the House of Commons voted by a vast majority to trigger article 50, which says:

“The Treaties shall cease to apply…from the date of…the withdrawal agreement or, failing that, two years after the notification”.

That has been accurately described by some on the EU side of the negotiations as an inevitable process to leaving, but the Opposition say that the House should be capable of telling the Government that they must seek to reverse the process by seeking—not necessarily by obtaining, because we cannot guarantee that they would obtain—

[Hilary Benn]

That was not what I said.

[Sir Oliver Letwin]

Yes, that is what the right hon. Gentleman said. The logic of what he was saying carries us remorselessly there, and I will come on to explain why.

[Hilary Benn]

indicated dissent.

[Sir Oliver Letwin]

The right hon. Gentleman cannot continue to shake his head with conviction. His logic carries him there because he defines a meaningful vote as one that gives the House the capacity to reject either a deal it does not like, or the possibility of exiting with no deal. This is not a matter of opinion or value; it is a matter of logical fact. The only alternative to accepting a deal that we do not like or refusing to accept no deal is to leave the whole matter aside and not exit the Union. We either exit without a deal or we exit with a deal. If the deal is rejected but the Government are told that we cannot leave without a deal, we cannot leave.

[Hilary Benn]

Will the right hon. Gentleman give way?

[Sir Oliver Letwin]

I will, of course, give way to the right hon. Gentleman in a moment. I just wanted to expose the logic very clearly, because there are no other logical possibilities. I challenge him to explain what the other possibility is.

[Hilary Benn]

I set out—very clearly I thought—in my speech what the other possibility is. For the avoidance of any doubt on the right hon. Gentleman’s part, I have said repeatedly in this House that we are leaving the European Union at the end of March 2019—and, indeed, I voted for the article 50 legislation. I was discussing today the terms on which we will leave. It is perfectly possible for Parliament to look at the terms and say, “We do not like them; we would like different ones,” and to give the Government different instructions, provided that there is time. That was my point.

[Sir Oliver Letwin]

Of course it is possible for the House of Commons to tell the Government that it does not like the terms, and of course it is possible for the Government to go back and ask for the terms to be changed, but it is also possible—

European Union (Withdrawal) Bill

Debate between Oliver Letwin and Hilary Benn

Thursday 7th September 2017 Commons Chamber

[Hilary Benn]

No, I will not—unless the Government move on this—because the flaws are so fundamental that they should go away and do their homework again. Not a single person in this Chamber does not accept that legislation is required to undertake the task; we are just saying that it is not the legislation before us.

There is a huge difference between a statutory instrument that proposes in some regulation to delete the words “the Commission” and insert the words “the Secretary of State for Environment, Food and Rural Affairs” and a statutory instrument that will, for example, give responsibility for the oversight and enforcement air-quality legislation, which derives from an EU directive, to an existing public body. What assurance can Ministers give us that whichever body is given that responsibility will have the same effective enforcement powers as the Commission has had, including ultimately taking case to the European Court of Justice, and will give the public the same power to hold that body and the Government to account if there is a continuing lack of progress in making sure that our air is pure enough to breathe? If that is not provided for, Government cannot argue that the Bill’s aim is to produce exactly the same situation the day after we leave as existed the day before. Therefore, as many people have said, the Bill will have to produce a mechanism for sifting. We need to sift the proposals that come forward, so that we can distinguish the absolutely straightforward and non-controversial and those that raise really quite important issues of policy, so that we as Parliament can do our job.

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

I have a very simple question for the right hon. Gentleman. Does he agree with the proposition put forward by my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith) that the Social Security Advisory Committee is a clear model of such a mechanism?

[Hilary Benn]

It was an interesting proposal, but, personally, I think that others can give advice, but in the end the sifting must be done by Parliament or a body established by Parliament and made up of parliamentarians. That is my clear view.