European Union (Withdrawal) (No. 5) Bill

Paul Blomfield Excerpts

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

[Peter Grant]

Absolutely. As for the idea that we should not take part in the elections because we do not know how long our MEPs will be there, let us remember that some of them are never there anyway. I remember the Scottish regional elections in 1994, which we knew were for councils that would exist for a very limited time, but they actually had a higher turnout than was previously the case, because people were energised and motivated and understood what they were about. If the hard-line Conservatives do not want to take part in European parliamentary elections, that is entirely up to them, but I do not want my constituents to be denied an opportunity to vote for their representatives in Europe, whether that is for two days, two years or a full parliamentary term.

We will certainly support the drafting amendments tabled by the right hon. Members who introduced the Bill—given how many Lords amendments are often required to sort out the mistakes in Government legislation, despite all the resources that the Government have at their disposal, it is a bit much to be nitpicking about the fact that there were a couple of drafting errors in this Bill. It would have been nice not to have to rush the Bill through the House in such a hurry. It would have been nice if the Government had actually listened to what Parliament has been saying, in Back-Bench business debates and Opposition day debates, for the past three years. They have refused to listen, which is why the only way to make them listen is by Act of Parliament. That is why we will support the two amendments I have mentioned, and I hope to see the Bill go through to Third Reading.

[Paul Blomfield (Sheffield Central) (Lab)]

I will not repeat the general points I made on Second Reading, but I want to briefly outline the Opposition’s views on the amendments.

We will obviously support amendments 13 and 14, which are helpful drafting amendments, and will vote for clauses 1 and 2 to stand part of the Bill. We will support the Government’s new clause 13 with a clarification from the Minister. Normally we would support the affirmative procedure, but we accept the Government’s reasoning in this case, given the fast-moving situation and the need to ensure consistency between EU and UK law. We will support the new clause subject to an assurance from the Minister now that if one of the principal Opposition parties prays against the statutory instrument, the Government will urgently facilitate a debate on the Floor of the House.

We will oppose all the other amendments. Let me explain briefly why. Amendments 20 and 1 and new clause 5 seek to impose different dates. We should have learned from the withdrawal Act that putting exit dates in statute denies the flexibility we might need, and those amendments are clearly designed to frustrate the Bill’s objectives. We oppose amendment 21 because we believe it is right for the Government to come back to the House if the EU offers a different date. We oppose Government amendment 22 because it undermines the purpose of the Bill in relation to parliamentary approval to seek or agree an extension.

We oppose amendment 6 because it is designed to frustrate the process and, as Members have pointed, the Northern Ireland Assembly is not sitting. We oppose new clause 4 because it would limit Parliament’s opportunity to shape decisions. I am surprised that, after his lengthy contribution, the hon. Member for Stone (Sir William Cash) is not here to hear our views on these points.

We oppose new clause 7 because it seeks to put a date in the Bill without saying so. It puts the cart before the horse. We should determine what extension we need and then deal with the consequences—even if that means elections, although that is not ideal—and not limit ourselves in that way. If we need a longer extension, we will presumably want the UK to have a voice in EU institutions—not simply the Parliament, but the Council and the Commission—and a judge in the Court of Justice. On that basis, we oppose that new clause and the other amendments that I have identified.

[The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)]

I shall be brief, as this briefest of Committee stages demands. The Government continue to oppose the Bill, but given that it has reached Committee, I will speak to the Government amendments.

As the Secretary of State set out earlier, the Government have no choice but to improve the Bill and limit its most damaging effects. Our amendment 22 addresses the dangerous and perhaps unintended constitutional precedent that could be set by the Bill, which calls into question the Government’s ability to seek and agree an extension with the European Union using the royal prerogative. It is a well-established constitutional principle that Heads of Government are able to enter into international agreements without preconditions set by the House that constrain their ability to negotiate in the national interest. The Government’s authority in this matter must not be undermined, as the Secretary of State and my hon. Friend the Member for Camborne and Redruth (George Eustice) said.

Exit day in international and domestic law is 12 April. The Bill creates a real risk that we could be timed out and be unable to agree an extension with our European partners and implement it in domestic law. The Bill as drafted actually increases the likelihood of an accidental no deal—an outcome that the House has repeatedly voted against. The new process created by the Bill could mean that we are timed out and no extension could be agreed. For example, on 10 April, the EU could propose an extension of an alternative length. Under the Bill, the Prime Minister must then return to the House to put forward that proposal, but by 11 April—by the time the House has had time to consider that—the Council would be over. We would need to confirm UK agreement to the EU proposal and get an EU Council decision before 11 pm on 12 April, and I struggle to see how we could carry out such a negotiation through correspondence in the 24 hours before we leave. The Bill therefore increases the likelihood of an accidental no deal. We seek to avoid that through amendment 22, which would ensure that the Government can agree an extension, regardless of the process set out in the Bill, in the national interest.