European Union (Withdrawal) (No. 5) Bill

Peter Bone Excerpts

Monday 8th April 2019 Commons Chamber

[Peter Grant (Glenrothes) (SNP)]

I am grateful for the chance to make a few comments on tonight’s debate. Like the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) who sponsored the Bill, we will support the Lords amendments. From our point of view, they have tidied up some of the wording in the main subsections, and they have put the original drafting into more effective and tighter wording.

I want to pick up on some of the questions that have been asked across the Chamber. Has such a major constitutional change ever been rushed through in such a hurry? English votes for English laws is the most significant constitutional change in the past 30 years, and that did not even have an Act of Parliament before being put through. The Westminster power grab, driving a coach and horses through the devolution settlement, had 19 minutes of debate. The entire Scottish contingent of 59 MPs were allowed one word during that debate. We were allowed to say, “No”, and then we were outvoted. So the ERG should not talk to anyone on our Benches about the lack of democratic process.

[Mr Peter Bone (Wellingborough) (Con)]

Will the hon. Gentleman give way?

[Peter Grant]

Thanks to the hon. Gentleman’s friends, I have little time to speak and I do not want to take up time that the Minister will want towards the end.

The hon. Member for Stone (Sir William Cash), whom I have a great deal of respect for, for the length of service that he has given to this House, simply got his facts wrong. He spoke about when Oliver Cromwell addressed this Parliament. Oliver Cromwell had been dead for 50 years before this Parliament existed. That is even if “this Parliament” means the Parliament of Great Britain, because the Parliament of the United Kingdom did not come along for another 100 years after that. Even with the protection of the Almighty, Oliver Cromwell would not have smelt too nice if he had come here 150 years later.

As for the nonsense that because an Act of Parliament was passed in a previous Parliament, this Parliament does not like to do anything about it, what happened to the sacred principle that no Parliament can bind a successor? If that principle did not exist, we would not need elections at all, but some people on the Conservative Benches think that having elections is some kind of democratic outrage—“They shouldn’t be allowed”, or, “People don’t need the chance to change their minds.”

The same people also say that in the 2017 election, over 80% of people voted for the two major UK parties whose manifestos said they would respect the result of the referendum—I think that was a mistake by Labour, but it cannot be changed now. In 2015, however, 85% of people voted for parties that said they wanted to stay in the European Union. How can it be that between 2015 and 2017, 80% of the people were allowed to change their minds, but between 2016 and 2019, 3% are not allowed to change their minds?

As for that idea that everyone knew what they were doing in 2016, no less a person than the Attorney General admitted this weekend that he had misunderstood and that the Government had underestimated just how complicated it was going to be. If the Government’s chief legal adviser did not realise how complicated it was going to be, what chance did 33 million other people have in casting their votes?

It is right that Labour supported article 50 at the time, but Labour made a lot of mistakes at the start of the process—serious tactical mistakes—and I am pleased that a lot of them are coming around to understand and to make good those mistakes. I am a bit worried that their leader might be about to make the biggest tactical mistake on Brexit of the whole lot, but I hope he can be pulled back from that.

The single biggest difficulty, as has been said, is that the Prime Minister has made a mess of the negotiations from day one. Conservative Members complain about the number of times that she promised, “We’re leaving on 29 March”, as if that was some kind of day handed down on tablets of stone from Mount Sinai, but it is just another example of the Prime Minister creating utterly impossible expectations. I am sorry, but if the Prime Minister’s impossible expectations cause problems for the Conservative party, that is not my problem, and I want to see the day when it is no longer Scotland’s problem.

Far too much of the debate about Brexit has not been about what is in the best interests of this generation; it has paid no regard at all to the interests of future generations—it has been all about what is in the best interests of the Conservative party. It might be best for us all if the Conservative party’s existential crisis came to its natural conclusion and the rest of us could get on with building a better nation, a better set of nations and a better society for us and our descendants.

--- Later in debate ---

[Mr Walker]

The Prime Minister has been very clear that she is seeking the shortest possible extension to make sure that we leave in an orderly fashion with a deal.

My Secretary of State suggested on Second Reading that the House of Lords—the other place—might wish to correct the flaws in the Bill. The combined effect of the Lords amendments is to correct deficiencies in the drafting and to mitigate some of the severe impacts that the Bill could otherwise have triggered. Like the hon. Member for Sheffield Central (Paul Blomfield), I will address each of the amendments in turn.

The amendments tabled to clause 1 in the name of the noble Lord Robertson—Lords amendments 1 to 3 —reduce the chance of an inadvertent no deal. As I pointed out in Committee, the Bill as originally drafted

“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.”—[Official Report, 3 April 2019; Vol. 657, c. 1189.]

The Bill requires that motion to be moved on the day after Royal Assent. If we run past midnight, that would mean that we were debating the motion on Wednesday, the same day as the Council.

The noble Lord has identified a further flaw in the drafting whereby—at page 1, line 2—it states that only the Prime Minister can move a motion in the House of Commons in the form set out in this Bill. Members of the House will be familiar with the fact that the usual drafting states a “Minister of the Crown”. In seeking to restrict the moving of this motion to just the Prime Minister, it would mean that the Prime Minister could not travel on Wednesday until after 1 pm, when she would be required to move the motion, disrupting discussions with EU leaders ahead of Council. The House will appreciate the importance of the Prime Minister meeting European leaders before the Council and the need to be ready to make the case for an extension. It is difficult to see how frustrating this process would help the UK to obtain a positive outcome. As such, the Government support these amendments.

Lords amendment 4, tabled in the name of the noble Lord Goldsmith, removed clause 1(6) and (7) of the Bill, requiring the Prime Minister to return to Parliament after the European Council to seek agreement to the length of the extension. We did consider a version of this amendment in this House, moved by my hon. Friend the Member for Camborne and Redruth (George Eustice), but those on the Opposition Benches voted against it. We are now in a situation where Labour peers are once again correcting the errors that were inherent in the original Bill. If subsections (6) and (7) were allowed to stand, we would need to return to the House and seek its approval for an extension on Thursday, even if that extension had already been agreed on Wednesday. That simply does not make sense.

[Mr Bone]

The excellent Minister is right that the amendment was moved in this House and roundly defeated. In fact, the whole point of the Bill originally was that Parliament took control of the date. For some reason I cannot understand, that has now been abandoned, which makes this Bill totally irrelevant. Of course, we can vote how we like today because it will not make any difference, will it, Minister? The Prime Minister now has the authority to do what she likes.

[Mr Walker]

My hon. Friend raises an interesting point. I have already pointed out that I think this Bill is unnecessary. The effect of these amendments is to restore the power of the royal prerogative, so I think I can agree with him on that. Of course—and I say this to the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), who made this point—if an extension were not agreed, the Prime Minister would want to come back to the House at the earliest opportunity to set out the next steps.