European Union (Withdrawal) (No. 5) Bill

Patrick Grady Excerpts

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

To move on to Government new clause 13, I repeat that we have tabled our amendments not because we support the Bill, but because we feel it is important, given that we are in Committee, to improve the Bill and to limit its most damaging effects. Again, the new process created in the Bill means that we could be timed out and that no extension could be agreed. As I think the hon. Member for Sheffield Central (Paul Blomfield) accepted, the logic of the new clause is to remove the risks of an accidental no-deal situation.

[Patrick Grady (Glasgow North) (SNP)]

Will the Minister clarify how he intends to use the power under new clause 13? By my reading of it, the Government could negotiate a very long extension, put it through using the negative procedure and then cut it very short indeed using the negative procedure. What reassurances can he give us that this will not become a power that either this Government or some future Government could abuse to undermine the will of the House and force us into a no-deal Brexit?

[Mr Walker]

I think the hon. Gentleman misunderstands the nature of the power, which is simply to reflect in the UK the agreement that would by this stage have been reached with the EU on any extension. It is not about setting a completely different date; it is about reflecting that agreement.

To come to the assurances sought by both the SNP and the Opposition Front Benchers, if a statutory instrument under the negative procedure was prayed against, we would of course facilitate an urgent debate in that context. However, we have to bear in mind the reason why we are seeking this change of moving from the affirmative to the negative procedure, which is simply to provide the speed that I think this House would want in the context of a deal having being agreed.

I do not intend to detain the Committee much longer on this issue, but it is worth bearing in mind that the current arrangements require an SI to be debated and approved in both Houses under the draft affirmative procedure, the time for which could put at risk the critical process of approval. New clause 13 therefore seeks to amend the parliamentary scrutiny procedures applying to the power in the European Union (Withdrawal) Act 2018 that can be used to amend the definition of exit day. The scrutiny will be changed from the draft affirmative to the draft negative procedure. It is only prudent that we are able to make the SI under the negative procedure to ensure that our statute book reflects what is agreed in international law, avoiding a crash-out exit. For those reasons, I urge right hon. and hon. Members across the House to support the new clause.

However, I continue to urge Members to reject this Bill, which is not needed to avoid no deal because the Government have already undertaken to seek an extension to ensure that we avoid no deal. Like many colleagues who have spoken today, I want that extension to be a technical one to ensure that we leave with a deal. With that, I am keen to hear from the right hon. Member for Normanton, Pontefract and Castleford.