The Government's Plan for Brexit

Peter Bone Excerpts

Wednesday 7th December 2016 Commons Chamber

[Keir Starmer]

I am going to get to the amendment, so that I can make my position clear on that, and then I will take interventions.

A plan will now have to be prepared, debated and subjected to scrutiny, whether or not we have a vote. That is a good thing for anybody who believes in parliamentary scrutiny. If, however, the Government lose their appeal, there will need to be article 50 legislation in the new year; a motion of this House will not suffice.

I pause here to deal with the Government amendment, on which I want to make this clear to all Members: today we are not voting to trigger article 50 or to give authority to the Prime Minister to do so. It is most certainly not a vote for article 50. Unless the Supreme Court overrules the High Court, only legislation can do that.

Nor does today’s motion preclude Labour or any other party tabling amendments to the article 50 legislation and having them voted on. The motion, as amended, would be an indication that the purpose of calling for a plan is not to frustrate the process or delay the Prime Minister’s timetable. That is what is made clear by the motion and the amendment taken together. Labour has repeatedly said it will not frustrate the process, and I stick by that. That is why the Government should prepare their plan and publish it in time for this House to consider it when it debates and votes on the article 50 legislation. The timetable in the amendment is in fact there to put pressure on the Government, because a late plan would clearly frustrate the purposes and intentions of this motion. I put the Government on notice that I will not be slow to call them out if they do not produce a timely plan.

[Mr Peter Bone (Wellingborough) (Con)]

I do not want the shadow Secretary of State to inadvertently mislead the House. We already have legislation before this House—the Withdrawal from the European Union (Article 50) Bill—which has had its First Reading and will get its Second Reading on 16 December, unless someone objects.

[Keir Starmer]

I am grateful for that intervention and understand the point, but let us see what happens on 16 December. The Secretary of State has made it clear on a number of occasions, understandably, that in addition to the main point of the appeal so far as the Government are concerned, which is to take away any right to vote on invoking article 50, there is a secondary intention, which is to get greater clarity on the type of legislation that may be needed in the new year. I anticipate that it is that Minister legislation that we will address before too long, but I do, of course, acknowledge the private Member’s Bill.

--- Later in debate ---

[Mr Peter Bone (Wellingborough) (Con)]

It is a great pleasure to follow the hon. Member for Bury South (Mr Lewis). He made an important point about reconnecting with the electorate. I entirely agree with him that for too many years Governments have thought that they knew best and have ignored the people. For instance, they have not been willing to engage on the issue of immigration. He is also absolutely right to say that we can want controlled immigration without demonising immigrants.

It is nice to see you back in the Chair again, Mr Speaker. The fact that you are giving so much attention to this debate clearly shows that it is an important one.

I will turn to an aspect of this debate that we have not touched on completely, because it has suddenly started to be about parliamentary sovereignty. As somebody who has always defended the right of Parliament and has been concerned about the power of the Executive, hon. Members would expect me to bang on about that and say that we should have a vote in this House on article 50. In fact, I have always thought we should do so. However, the reason why the Government are right to say that they can use the royal prerogative to trigger article 50 is the unique circumstances of the referendum. This House, in an Act of Parliament, gave the British people the right to decide that question. That is why I absolutely defend the right of the Government to proceed in the way they have thought fit to proceed.

Having said that, the role of Parliament is to deal with all the issues that will come up after we have triggered the process, reflecting the fact that we want to leave the European Union. To the Government’s great credit, they are putting on a series of debate on the European Union and Brexit in which hon. Members can make their views known. When the Government go to negotiate, they will therefore know the views of Parliament. It would be totally absurd, however, for the Government to lay down their negotiating hand in advance. It would just be daft. When I was in business, I did not tell the opposition what I wanted in advance of a negotiation. In the same way, the chief spokesman for the European Union has said this week that he will not lay down in advance what the European Union wants.

The most important part of this debate is that we will tonight, I hope, agree a motion telling the Government to trigger article 50 by 31 March. The Supreme Court is saying that that is not enough and there has to be an Act of Parliament.

[Mr MacNeil]

The High Court.

[Mr Bone]

Quite right—that is what the High Court has said. It is possible, of course, that the Supreme Court will agree with the High Court and we will have to have an Act of Parliament, although if the Supreme Court disagrees with the High Court the Government can continue the way they want to, through the royal prerogative.

That is why I have introduced my Withdrawal from the European Union (Article 50) Bill. It is two clauses long. All it does is tell the Government that by 31 March they have to trigger article 50. If that Bill goes through, we will be satisfying the High Court. That Bill will get its Second Reading on 16 December unless anyone objects to it. It will then go into Committee to be discussed and come back to the House on Report. By the time it comes back to the House for Third Reading, the Supreme Court will have given its decision.

[Mr MacNeil]

The hon. Gentleman is quite taken up with the triggering of article 50. It is not so much the triggering that is the major concern, but where the Government are going after that. Are they going for the Norway option that they talked about before the referendum, or for World Trade Organisation rules? What is the destination beyond the trigger point?

[Mr Bone]

The narrow point I am dealing with is the triggering of article 50, which I say has been authorised by the British people. The High Court disagrees. If the Supreme Court endorses that view, we will have to have an Act of Parliament. The hon. Gentleman is right that there are very many things to be negotiated and dealt with afterwards, and they have to come before this House. It has been quite a surprise to me that some Members who have suddenly found that they greatly support parliamentary sovereignty are ex-Ministers and ex-Whips who used to have no time for this place when they were in government. A sinner repenting is wonderful, but—

[Anna Soubry]

Name names!

[Mr Bone]

My right hon. Friend the Member for—I cannot remember what her constituency is—[Hon. Members: “Broxtowe!”] My right hon. Friend the Member for Broxtowe (Anna Soubry). It is a juxtaposition for very many people. It is great that people now believe in this place. We should absolutely do what the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) says, and scrutinise the Government as they go through the Brexit process.

[Michael Gove]

May I say, just for the record, that as Chief Whip I had a number of dealings with my right hon. Friend the Member for Broxtowe (Anna Soubry) and she was always vigorously resistant to whipping and the imposition of parliamentary discipline? She remains on the Back Benches, as she was in the ministerial team, a feisty and independent voice whom we should all respect.

[Mr Bone]

I am always glad to be corrected by a former Chief Whip. What my right hon. Friend said is undoubtedly the case.

The important part here is very simple. Tonight we will, I hope, pass a motion that authorises the Government to invoke article 50. [Interruption.] That is what it says. [Interruption.] There is debate about that. Given that there is that debate, the only certainty is through having an Act of Parliament. I therefore look forward to my right hon. Friend the Member for Broxtowe and others being here on 16 December to support my Bill—if anyone wants a copy, I have a few spares—because it would satisfy all the Court’s requirements.

The great thing about today is that it is Parliament that is dealing with the matter. It is not a Government motion on the Order Paper but an Opposition one. It is not a Government Bill going through but a private Member’s Bill. It is clearly Parliament speaking. I therefore hope that tonight the amendment and the motion are agreed and we can move forward, and then, in about 10 days’ time, we can give Second Reading to what this House wants: to trigger article 50.