Citizens’ Rights: UK Nationals in the EU
Robin Walker Excerpts(5 years, 7 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)
Citizens have always been our priority in the negotiations for our departure from the EU. Today I am setting out further details on the steps that the Government are taking to protect UK nationals.
Reciprocal arrangements for social security co-ordination, including reciprocal healthcare, in a no-deal scenario
UK nationals who have chosen to build their lives in the EU and wish to remain there are concerned about their social security entitlements, including healthcare cover in the event of a no deal.
In the Government’s December announcement on citizens’ rights, we highlighted that aspects of the social security co-ordination section of the withdrawal agreement, including reciprocal healthcare, require reciprocity from the EU or member states and cannot be protected unilaterally. We set out that we were exploring further options to protect these rights in a no-deal scenario and the Department for Health and Social Care proposed maintaining existing healthcare arrangements with EU member states and EFTA states until 31 December 2020 on 19 March; with the aim of minimising disruption to citizens’ healthcare provision.
However, to fully protect UK nationals in the EU, the UK is seeking to protect the social security co-ordination rights of UK nationals in the EU, including reciprocal healthcare, by reaching reciprocal arrangements with the EU or member states to maintain existing rights for a transitional period until 31 December 2020, consistent with our guarantee of the healthcare rights of EU citizens living in the UK.
Family reunification
UK nationals are also concerned about their right to return from the EU with non-UK national family members after exit. Having listened to these concerns, I can confirm that UK nationals will be able to return to the UK with their existing close family members under current rules, until 29 March 2022. This means that where the relationship exists before exit or where a child was born overseas after this date, they will be able to apply to and qualify for the EU settlement scheme until 29 March 2022. After this date, such family members will be able to return to the UK by applying under the relevant UK immigration rules.
UK nationals living in the EU who return to the UK after exit will be able to be joined by future spouses and partners, where the relationship was established after exit, and other dependent relatives until 31 December 2020 if they previously lived in the EU with that family member. From 2021, the UK immigration rules will apply to such family reunion. These arrangements will apply in both a deal and no-deal scenario, providing UK nationals in the EU with sufficient continuity after exit to allow families to plan with confidence, while also bringing family reunion rights for all UK nationals in the UK and abroad into alignment from 29 March 2022.
Access to benefits and services
The Government have already announced that UK nationals living in the EU will continue to receive benefits, including child benefit and disability benefit, where the recipient is exporting a UK benefit to their EU country of residence. UK nationals in the EU who are already in receipt of a UK benefit, including the state pension, will also continue to receive these benefits should they choose to return to the UK.
UK nationals returning to live in the UK who meet the ordinary residence test will be able to use NHS services. This means that UK nationals who have returned to the UK permanently in a no-deal scenario would have access to NHS-funded healthcare on the same basis as UK nationals already living here.
UK nationals considering returning to the UK and planning to make new applications for benefits and services should check eligibility requirements for the relevant benefits and services on gov.uk. The usual entitlement conditions, which exist for both resident and returning UK nationals, will apply and we expect most returning UK nationals will be able to satisfy the necessary eligibility requirements. Certain benefits and services, such as non-contributory benefits, include satisfying certain residence criteria and individual decision makers will carefully consider each application to ensure that UK nationals receive the benefits and services that they are entitled to.
Access to higher education, further education 19+ and apprenticeship funding in the UK
UK nationals living in the EEA or Switzerland on exit day, who wish to study in England, will continue to be eligible for home fee status and student support from student finance England, along with access to further education 19+ funding for courses and apprenticeships in England starting up to seven years from exit day in a no deal scenario. In a deal scenario, the seven-year transition period will commence at the end of the implementation period.
The seven-year transition period will ensure that eligible UK nationals living in the EEA or Switzerland wishing to study in further education 19+, higher education, or undertake an apprenticeship in England, will be able to do so immediately on their return to the UK during this transition period.
Further information
The measures outlined above are without prejudice to the rights and privileges accorded, by virtue of the common travel area, to Irish and UK nationals when in each other’s state.
The Government continue to pursue a ring-fenced agreement with the EU and has exchanged letters with the European Commission on the subject. The UK has also reached separate agreements with the EEA EFTA states and Switzerland, which will mean that in a no-deal scenario UK and EFTA nationals living in each other’s countries before exit day will be able to continue living their lives broadly as they do today.
We will continue to provide updates to UK nationals in the EU on gov.uk and through our network of embassies, consulates and high commissions.
Let me reiterate that securing the negotiated withdrawal agreement is in the mutual interest of all our citizens. It is the most effective way for the Government to guarantee the rights of UK nationals in the EU and to provide certainty.
I will be depositing the policy paper “Citizens’ Rights - UK nationals in the EU” in the Libraries of both Houses.
[HCWS1483]
General Affairs Council
Robin Walker Excerpts(5 years, 7 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)
Lord Callanan, Minister of State for Exiting the European Union, has made the following statement:
The UK and the EU have agreed an extension to Article 50, until 12 April 2019, which is legally binding in EU and international law. Until we leave the European Union, we remain committed to fulfilling our rights and obligations as a full Member State, and continue to act in good faith.
I will attend the General Affairs Council in Luxembourg on 9 April 2019 to represent the UK.
The provisional agenda includes:
Multiannual Financial Framework 2021-27
Ministers and the Commission will discuss progress on the Multiannual Financial Framework (MFF) negotiations. The intention is to reach an agreement on the negotiations in autumn 2019.
Conclusions on the Reflection Paper “Towards a sustainable Europe by 2030”
The Council will adopt conclusions on the reflection paper titled “Towards a Sustainable Europe by 2030, on the follow-up to the UN Sustainable Development Goals, including on the Paris Agreement on Climate Change”. The paper was released in January 2019 by the Commission as part of its 2019 Work Programme. Ministers will discuss this paper ahead of the Sibiu Summit in May, where issues relating to Europe’s future will be discussed.
Values of the Union - Hungary / Article 7(1) TEU Reasoned Proposal
Ministers will discuss the Article 7(1) procedure in relation to Hungary.
Rule of Law in Poland / Article 7(1) TEU Reasoned Proposal
The Commission will provide an update on “Rule of Law” developments in Poland and Ministers will discuss next steps.
[HCWS1487]
Oral Answers to Questions
Robin Walker Excerpts(5 years, 7 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Alex Burghart (Brentwood and Ongar) (Con)
The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)
Since its formation, our Department has spent £25 million in 2016-17 and £58 million in 2017-18, and it has budgeted £96 million for 2018-19, but of course the Government have also allocated substantial sums to fund departmental preparations and preparations by devolved Administrations for EU exit.
Alex Burghart
I thank the Minister for his answer. Has his Department conducted any analysis of the costs of running a second referendum, and will he confirm that a second referendum is not Government policy?
David Hanson (Delyn) (Lab)
Has the Minister had a chance to discuss with the Transport Secretary the full cost to the taxpayer of Seaborne Freight, given the extension to article 50 and the costs incurred accordingly?
Martin Vickers (Cleethorpes) (Con)
What estimate have the Government made of the cost to the public purse and the potential damage to the economy if this has prevented them from implementing their manifesto commitment to leave the customs union?
Jim Shannon (Strangford) (DUP)
Will the Minister further outline the essential nature of the work to provide support and guidance to businesses, and the vital nature of support to the business community throughout the United Kingdom of Great Britain and Northern Ireland?
Mr Walker
The hon. Gentleman makes a very important point. There has been a huge amount of engagement across Government, particularly from our Department, with businesses, both on a no-deal scenario and the contingency planning that has to continue until we have secured a deal, and on the potential for the future partnership. We will continue that engagement with businesses large and small. Of course, a huge amount of information is now on the gov.uk website, which I encourage businesses to look at to see what steps they might have to take in the event of no deal.
Nigel Huddleston (Mid Worcestershire) (Con)
Sir Desmond Swayne (New Forest West) (Con)
The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)
The UK and the EU have committed to discussing the reciprocal provision of visa-free travel for short-term visits under the future relationship. Both sides have also said that they do not intend to require visas for short-term visits in a no-deal scenario.
Nigel Huddleston
EU countries are some of the biggest contributors to our inbound tourism industry. We had 6 million visitors from the EU in the last three months of 2018 alone, and we are always pleased to welcome hundreds of thousands of them to Worcestershire. Does the Minister agree that the continuation of visa-free travel is vital to our tourism industry, which sustains 3 million jobs in the UK?
Sir Desmond Swayne
They will want us to go there and spend our money, won’t they?
Neil Gray (Airdrie and Shotts) (SNP)
Why then, have the Government not considered sorting out the problems that they have created with the post-study work visa?
Mr Walker
The hon. Gentleman will know that the recent suggestions from the Migration Advisory Committee included specific recommendations for lengthening the opportunity for people to stay after study. It determined that the best way to do that was to reform the existing system rather than institute a different one.
Jeremy Lefroy (Stafford) (Con)
Short visits are vital for business as well, whether it is for servicing aircraft engines, installing software or so much else. What plans do the Government have for ensuring that those reciprocal arrangements can continue?
Mr Walker
My hon. Friend raises an excellent point. As he will know, we set out to achieve a labour mobility framework that will allow for travel for short-term business visits. This is an important part of the next stage of the negotiations. The absence of a requirement for visas for short-term travel is a useful backdrop to that for both the UK and the EU.
Mike Amesbury (Weaver Vale) (Lab)
The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)
I regularly meet Ministers from the Scottish and Welsh Governments. On Monday, I spoke to Graeme Dey MSP and Jeremy Miles from the Welsh Assembly. The Secretary of State also meets his counterparts in the devolved Administrations. Indeed, he met his Scottish and Welsh counterparts on his very first day in the job.
Ronnie Cowan
Scotland voted overwhelmingly to stay in the EU and to retain free movement of people, which is essential for our economy and social wellbeing. What account has been taken of those facts in developing the UK’s Brexit strategy?
Mr Walker
There has been a huge amount of engagement with the Scottish and Welsh Governments through the Joint Ministerial Committee and the Ministerial Forum, which I co-chair. A number of issues have been raised about Scotland’s place in Europe and our shared policy is to pursue, for instance, co-operation with Europe on universities. However, the hon. Gentleman will recognise that Scotland’s share of UK immigration is very low, and it is, as the Migration Advisory Committee has made clear, only really possible to have an immigration policy for the whole UK.
Diana Johnson (Kingston upon Hull North) (Lab)
David Duguid (Banff and Buchan) (Con)
The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)
The UK Government have been unequivocal that in any scenario, including no deal, EU citizens and their family members living here by exit day will be able to stay. We want them to stay; they are our friends and our neighbours.
David Duguid
I thank the Minister for his response, but can he specifically reassure EU citizens living in Banff and Buchan and, indeed, across Scotland that, contrary to suggestions and letters being circulated by the Scottish National party, the UK Government value them, want them to stay and are committed to upholding their right to live and work in the United Kingdom? [Interruption.] I have seen the letters.
Mr Walker
My hon. Friend is exactly right. It is hugely irresponsible for people to stir up fear in the way that we have seen. EU citizens are highly valued members of their communities and play an integral part in the economic, cultural and social fabric of the UK. I enjoyed engaging with EU citizens from the Nordic countries on a recent visit to Edinburgh, where we made it very clear that we want them to stay. We have designed the settled status scheme to help them to stay.
Several hon. Members rose—
Rachel Maclean (Redditch) (Con)
The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)
After much urging by the UK, we are pleased that all member states have given some public assurance to protect the rights of UK nationals. We will continue to call on member states to fully reciprocate our unilateral offer. The Government supported the amendment from our hon. Friend the Member for South Leicestershire (Alberto Costa) and have sought the EU’s views on ring-fencing the citizens’ rights parts of the withdrawal agreement. Michel Barnier has responded, and we are now considering our response to his letter.
Rachel Maclean
I thank my hon. Friend for his answer. I am deeply opposed to the legislation that was passed in this House last night. I strongly favour leaving with no deal if we cannot get a deal with the EU. However, I would be grateful if my hon. Friend updated me on the steps he is taking to protect the rights of our citizens in the EU and EU citizens in the UK, should we leave with no deal.
Mr Walker
Where I agree with my hon. Friend is that we should absolutely protect the rights of citizens and do everything in our power to do so. We have always been steadfast in our commitment to protecting those rights. Today, we have announced a further series of measures to protect UK nationals in the EU and those who choose to return to the UK after exit. There are important measures on social security co-ordination, a seven-year transition period for UK nationals in the EEA and Switzerland to continue to access student finance and home fee status in England, and a transition period for UK nationals who return to the EU with their non-UK family members for them to apply to the EU settlement scheme.
Greg Hands (Chelsea and Fulham) (Con)
It was very welcome news this week that Germany will be unilaterally guaranteeing the rights of UK subjects in Germany. Will my hon. Friend tell us which if any of the EU27 are not known to be guaranteeing the rights of UK nationals?
Mr Walker
My right hon. Friend raises an important point. We welcome some of the steps that have been taken. He mentioned Germany, and the Czech Republic has been clear in reciprocating our unilateral offer. There is a varied playing field within the European Union, it is fair to say. Some member states have not been as generous as we might like them to be. We will continue to urge them to meet the generosity of our unilateral offer and continue to explore what we can do reciprocally to ensure that the best possible protections are in place for our citizens.
Mohammad Yasin (Bedford) (Lab)
David Duguid (Banff and Buchan) (Con)
The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)
Yes, I am very happy to confirm to my hon. Friend that that is our policy. It was good to meet the Scottish Fishermen’s Federation in his constituency to hear why it sees that policy as a sea of opportunity.
Keir Starmer (Holborn and St Pancras) (Lab)
Normally I complain that in these sessions we do not get any of our questions answered. We have moved on this morning: instead of answering questions, the Ministers are now asking themselves questions, or inventing questions that they would like to answer and then answering them. I had better be careful how I frame this question for the Secretary of State.
Last week, the Prime Minister said:
“unless this House agrees to it, no deal will not happen”.—[Official Report, 25 March 2019; Vol. 657, c. 25.]
That was a very important commitment, particularly now that we are eight days from 12 April. The simple question for the Secretary of State to ask himself is this: does he agree that, unless this House agrees to it, no deal will not happen?
Mrs Pauline Latham (Mid Derbyshire) (Con)
Mr Robin Walker
I am grateful to my hon. Friend for that question—it is important to make sure the scheme works as effectively and smoothly as possible. The Home Office is providing assisted digital support over the phone from more than 200 centres throughout the UK, and at home with a trained tutor. Applicants can have their identity verified by the identity document checkout at more than 50 locations, one of which I am pleased to see is in my constituency, as well as by post. I am pleased that my right hon. Friend the Home Secretary confirmed recently that Apple has said it will make the identity document check available on its devices by the end of the year.
Mrs Emma Lewell-Buck (South Shields) (Lab)
Mr Walker
I absolutely disagree with the hon. Lady about the Government’s attitude to this group. We want to ensure that all those who are eligible for settled status, particularly children, are given a smooth and orderly process. I am certainly happy to take up her concerns with the Home Office, but I do not agree that the Government do not take their responsibilities in this regard extremely seriously.
Julia Lopez (Hornchurch and Upminster) (Con)
Yesterday, in the International Trade Committee, we heard from the Minister for Trade Policy that, should we ever get there, it will not be DIT negotiating our future trading relationship with the EU but, I presume, DExEU. If that is the case, what lessons will be learned from the fundamental strategic flaws in this opening phase of negotiations? What detailed discussion is under way with DIT about the impact of whatever DExEU negotiates on our ability to build future trade agreements?
European Union (Withdrawal) (No. 5) Bill
Robin Walker ExcerptsWednesday 3rd April 2019
(5 years, 7 months ago)
Commons ChamberRead Full debate European Union (Withdrawal) Act 2019 View all European Union (Withdrawal) Act 2019 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 3 April 2019 - (3 Apr 2019)
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.
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.
Yvette Cooper
I want to respond briefly to what has been a thoughtful debate on the detailed amendments that have been tabled.
To pick up where the Minister left off, I am happy to follow the Labour Front-Bench recommendation to accept new clause 13, given the tight timetable that the Minister will be operating on. It is not a core part of the Bill.
I believe that we should oppose amendments 20 and 1 and new clauses 5 and 4. They all, in different ways, attempt to restrict the Prime Minister’s flexibility to put a proposal to this House. Once the Prime Minister has put her proposal to the House, it will at that point be up to the House to reject or amend it. All the points made by hon. Members wanting to restrict the primary legislation can be argued when that motion is put forward. That is the proper time to debate those points.
On new clause 7, I understand the concerns about the European elections, because I personally do not think that it makes much sense for departing member states that are part of the article 50 process to be covered in the same way. However, I draw Members’ attention to the legal opinion drawn up by Lord David Anderson, QC, and five other top lawyers, which says:
“The right to participate in EP elections may be derogated from under EU law,”
and lists a series of other points. I understand that there will be political debates about that; I also think that all hon. Members will consider that the most important thing is for us to get this right, rather than be constrained by this issue. Therefore, I do not think that it is appropriate to accept new clause 7. Nevertheless, Members and the Government should take seriously that legal opinion, which lists a series of ways in which it is thought possible, short of treaty change, to avert the UK having to participate in European elections.
Let me turn to amendment 21, in the name of the hon. Member for Camborne and Redruth (George Eustice), and Government amendment 22, which is an important one. The Minister asked me why a similar provision had been included in previous drafts of the Bill. The reason was that in previous attempts we thought that we would be legislating at a much earlier stage and that therefore there might be a period of weeks in which the Prime Minister should not be restricted from seeking an extension of article 50 in advance, if that was thought necessary in order to prepare. We did not want to restrict the Prime Minister’s hand in that way. Our concern about how the provision is framed now is that it appears to undermine the purpose of the Bill, and I am not sure whether that is the Minister’s intention. Therefore, we should perhaps have further discussions if his amendment is not passed. I would resist it tonight, because I do not want to undermine the purpose of the Bill, although it is obviously important to ensure complete clarity about the Prime Minister’s flexibility to take decisions in the European Council, which of course she has.
Mr Robin Walker
I am grateful to the right hon. Lady for that clarification. The Government will still press amendment 22, and we feel it right to do so to protect the powers under the royal prerogative. I can assure her that it is about providing that flexibility. Of course, the process that those on her party’s Front Bench and our Front Bench are engaged with might require that flexibility, whatever the House chooses to do on this legislation. We obviously continue to oppose the Bill, and I should also mention, as I did not mention it in my speech, that we encourage colleagues to support amendment 21.
Yvette Cooper
I would argue that Government amendment 22 and amendment 21 should both be opposed at this stage, but if they do not pass and the Bill passes to the other place, I would be keen to have further discussions with the Minister about how we can ensure appropriate clarity for something that I think we all want to see and ensure that the Government can do this in an orderly way.
On that basis, I hope that we can support the drafting amendments to which I have referred. I will personally support new clause 13, but would urge the Committee to resist the other amendments and hope that there can be further constructive discussions to ensure that the Bill does what we want it to do, which is simply to support the Prime Minister’s work to avert no deal and to ensure that we do not end up putting our constituents at risk during the important process that the Prime Minister has instigated, which we hope can successfully achieve agreement on a way forward.
Amendment 13 agreed to.
Amendment proposed: 21, page 1, line 21, leave out subsections (6) and (7)—(George Eustice.)
General Affairs Council March 2019
Robin Walker Excerpts(5 years, 7 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)
Lord Callanan, Minister of State for Exiting the European Union, has made the following statement:
The Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Mr Lidington), represented the UK at the General Affairs Council (GAC) meeting on 19 March in Brussels. A provisional report of the meeting and the conclusions adopted can be found on the Council of the European Union’s website at:
https://www.consilium.europa.eu/en/meetings/gac/2019/03/19/
Multiannual financial framework 2021-2027
The presidency presented a progress report outlining the latest developments on MFF-related sectoral proposals, which Ministers agreed to send to the European Parliament.
Ministers discussed the multiannual financial framework (MFF) for 2021-2027. Ministers agreed that funding migration policy should be a priority in the next MFF. However funding for the internal and external aspects of migration policy was still to be decided. Member states broadly agreed the Commission’s proposed 25% target of EU expenditure on climate objectives across all programmes. The new proposal aims to build on the last MFF by having 25% of the Union budget expenditures supporting climate objectives, instead of the 20% from the last MFF, in order to implement the Paris agreement and achieve the United Nations sustainable development goals. Some member states stated that higher targets within the common agricultural policy (CAP) and cohesion policy programmes would be more difficult to achieve under proposed cuts for these programmes.
The Commission encouraged member states to be adaptable in their positions in order to reach an agreement on the negotiations in autumn 2019. The shared goal was to provide a simplified draft position in preparation for leaders to discuss at the June European Council.
Instrument for pre-accession assistance
Ministers were presented with the partial general approach on the regulation establishing the instrument for pre-accession in assistance (IPA III). The IPA III is part of the MFF and supports EU enlargement policy by providing funding and support for implementing key political, institutional, social and economic reforms to comply with EU values, rules, standards and policies. The beneficiaries of the IPA III are Albania, Bosnia and Herzegovinia, Kosovo, North Macedonia and Turkey. After formal adoption of the mandate at a future Council, discussions are expected to begin between the Council, European Commission and European Parliament under the Finnish presidency.
Preparation of the European Council 21-22 March 2019: Conclusions and European Council follow-up
The Council discussed preparations and draft conclusions for the 21-22 March European Council. These included climate change, the upcoming EU-China summit, tackling disinformation and strengthening the European economic base. Member states were unanimous in calling for a wide-ranging discussion on the single market and industrial policy. As such, there were broad calls from member states for the Commission to produce an integrated 2030 industrial strategy by March 2020.
Member states welcomed the recent Commission - European external action service communication on China. Member states also welcomed the inclusion of an acknowledgement of the fifth anniversary of the annexation of Crimea, and many member states highlighted the need to counter the threat of disinformation, especially in the run up to the European Parliament elections.
The UK welcomed the joint communication on China, supported the addition of language on Crimea and restated our commitment to the policy of non-recognition of Russia’s annexation of Crimea. We also welcomed the inclusion of the issue of disinformation on the agenda and highlighted the need to build resilience against hybrid threats.
European semester
The presidency presented a report on the discussions and main political messages from the different Council configurations on 2019 European semester package. The Council noted that although the European economy had entered its sixth year of growth, further action is needed to tackle global instability and economic challenges. The Commission welcomed the presidency’s report and the emphasis on country-specific recommendations.
[HCWS1460]
EU Exit Day Amendment
Robin Walker Excerpts(5 years, 8 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)
I beg to move,
That the draft European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) Regulations 2019, which were laid before this House on 25 March, be approved.
First, I express my gratitude to the Joint Committee on Statutory Instruments for its report today. I do of course regret the necessity to have to introduce this instrument and would prefer that we were leaving the EU with a deal at the end of this week. I have voted on two occasions for that outcome, but the House has not. The Chancellor of the Duchy of Lancaster made it clear in the debate on 14 March that the Government would accept the will of the House and seek an extension if that was what Parliament voted for. Parliament then voted by 412 to 202 to approve a motion to seek to extend article 50. An extension has therefore been agreed with the EU and the Government are now committed to implementing it in domestic law.
Mr Mark Francois (Rayleigh and Wickford) (Con)
I want to ask the Minister about a technical point. The operative paragraph of the explanatory notes that accompany the SI says that, if the House of Commons does not approve the withdrawal agreement by 11 pm on 29 March 2019—the so-called relevant time—the treaties will instead cease to apply at the earlier date of 11 pm on 12 April 2019.
Mr Francois
Great. I will carry on then.
The Government were meant to lay a commencement order to allow us to leave. As I understand it, they never laid such an order—I do not know whether they were ever going to. Does this SI now have the effect that the commencement order would have had? In other words, if we approve the SI and have not approved the meaningful vote, would we then leave at 11 pm on 11 April, without the need for a separate commencement order? I think the Minister understands the question.
Mr Walker
I do understand my right hon. Friend’s question. The answer is that a commencement order would have to be laid before the point at which we left, whatever that leaving date was. I do not think it is necessarily directly relevant to the debate on this SI, because this SI does not set the date on which we leave the European Union but reflects the date agreed in international law.
As the House will be aware, the decision adopted by the European Council, agreed to by the UK, provides for two possible durations, as my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) just pointed out: should the House approve the negotiated withdrawal agreement this week, the extension will last until 22 May; if the House does not approve the withdrawal agreement, the extension will last until 12 April.
Sir Edward Leigh (Gainsborough) (Con)
What would be the effect if the House rejected the SI tonight? We are constantly told that international law always trumps domestic law, so what would be the effect? Is there any point in voting for or against the motion, because it really has no effect at all? International law will always trump what we do, and in that sense parliamentary democracy is inferior to international law. Is that correct?
Mr Walker
My right hon. Friend makes an important point, but there would be a profound effect as a result of the rejection of this SI, and I shall come to that later in my speech. It is important to state that, were we to reject this SI, it would leave the UK statute book in a mess, so I do not think that is a good course of action.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
The Minister referred a moment ago to the House passing the withdrawal agreement by this week. We obviously heard Mr Speaker’s ruling earlier and rumours abound that the Government intend to introduce the withdrawal and implementation Bill on Friday. Could he confirm whether that is correct and whether it would have any provisions to alter section 13 of the European Union (Withdrawal) Act 2018, which is of course intimately tied up with this statutory instrument?
Mr Walker
It will be a matter for the Leader of the House to announce business, not for me. I heard, as I am sure the whole Government heard, the Speaker’s ruling. We take careful note of what the Speaker says and of course we will act with due respect to that. However, I hope that the House has the opportunity to consider the only withdrawal agreement that has been negotiated and agreed to by the EU.
Several hon. Members rose—
Mr Walker
I will make a bit of progress. The regulations cater for an extension in either scenario by redefining exit day to ensure the date and time specified in the definition is 11 pm on 22 May or 11 pm on 12 April, depending on whether the House approves the withdrawal agreement. In either of those extension scenarios, we will not be required to participate in European parliamentary elections. This vital instrument has the simple but crucial purpose of making sure that our domestic statute book reflects the extension of article 50 agreed with the EU on Friday 22 March.
John Redwood (Wokingham) (Con)
Could the Minister explain this? I think the UK Government wanted 30 June but that was scaled back to 12 April. Could he explain why the EU thought that it was much better to have a short period? As someone who does not want such a period at all, I obviously find myself on the EU’s side, rather than the Government’s.
Mr Walker
I suspect that my right hon. Friend may well welcome the chance of that shorter period, but I think the answer is simply that that was the decision reached by the European Council and agreed by the Council and the UK.
Put simply, the instrument does not set the date of our departure, which has already been agreed. It reflects that in domestic law. While the instrument itself is straightforward, its effect will apply across the domestic statute book, so it is important that I set out the details of what it will do—this comes to the point of my right hon. Friend the Member for Gainsborough (Sir Edward Leigh). I have explained this to my ministerial counterparts in the Scottish Government and the Welsh Assembly, setting out why the UK Government are taking the instrument forward.
Mr Richard Bacon (South Norfolk) (Con)
My right hon. Friend the Member for Wokingham (John Redwood) did not ask the Minister to restate the position. He asked why the European Council went for the earlier date, rather than 30 June. Why did it do that?
Mr Walker
My understanding is that that was the Council’s view of when we would have to give notice that we would be holding European elections, if we were staying in for longer, and that is why it set that date as the date by which we would have to have made our mind up as to whether we are leaving. But that is for the European Council to determine. I am not a spokesman for it.
Currently, major changes to our domestic statute book reflecting our exit from the European Union are due to take effect on exit day, which is defined in the EU withdrawal Act as 11 pm on 29 March, despite the extension terms that have been agreed at international level. These changes apply across a huge number of policy areas, from emissions trading to Europol. All these changes are designed to ensure that our statute book works when we leave the European Union, and all are due to take place on exit day. This definition has effect across the whole UK statute book. Now that an extension to article 50 has been agreed in EU and international law, we need to amend that date to reflect the new point at which the EU treaties cease to apply.
Ms Angela Eagle (Wallasey) (Lab)
Has the Minister learned any lessons about putting exact times and dates on the statute book in primary legislation just so that his Prime Minister can blackmail her own party?
Mr Walker
The hon. Lady makes a political point, which is not particularly appropriate for a debate on technical legislation. The instrument has been laid under the EU withdrawal Act to do just what I said. Section 20(4) of the Act contains a power to amend exit day through a statutory instrument.
Mr David Jones (Clwyd West) (Con)
The Minister mentioned that the European Council agreed an extension. There was a resolution of this House to seek to agree an extension, which I suggest amounts to an authority to negotiate. Has he been advised that that also amounted to an authority to conclude an extension? Did he get legal advice on that point?
Mr Walker
I know that my right hon. Friend is a keen legal eagle, as well as an experienced former Minister in this Department, but of course the Government are confident of their legal position in the decisions that they have taken.
The power was specifically included in the EU withdrawal Act because parliamentarians envisaged a situation in which extension could be required. As the then Under- Secretary said, the Government had had discussions with Back Benchers and were grateful that they tabled their amendments, which
“provide the Government with the technical ability to amend the date, but only if the UK and the EU unanimously decide to change the date at which treaties cease to apply to the UK, as set out in article 50.”—[Official Report, 20 December 2017; Vol. 633, c. 1155.]
Sir William Cash (Stone) (Con)
Will the Minister report to the House the outcome of this afternoon’s meeting of the Joint Committee on Statutory Instruments? Did the Committee consider the question of vires, as is within its Standing Orders?
Mr Walker
I did not catch the whole of my hon. Friend’s question, but I am confident that the Joint Committee on Statutory Instruments has had a chance to look at the matter, and I welcomed its report at the beginning of my speech.
Let me be clear with the House that the power in the EU withdrawal Act can only be used to redefine exit day to the new day and times that the treaties will cease to apply in the UK. To specify any other day would not be a legal use of that power. It is critical that the House approves this instrument for the simple reason that the extension of article 50 has been agreed and is therefore legally binding in international law.
I understand that some Members have been of the view that we are still set to leave the EU on 29 March, but that is not legally the case. Owing to the agreement between the UK and the EU to extend article 50, the UK will remain a member state of the EU until at least 11 pm on 12 April as a matter of international law. If this instrument were not to pass, therefore, it would not change that fact, but it would lead to confusion across our statute book from 29 March.
Mr Peter Bone (Wellingborough) (Con)
I have this wonderful machine that says we are now two days, four hours, 17 minutes and 12 seconds away from coming out of the EU; this is a pretty good machine, actually. Is not the truth of the matter that, if we reject this SI tonight—I hope we do by a big margin—we will have come out in domestic law and we will be in breach of an international treaty for about two weeks, and that is why the Minister needs to get this through?
Mr Walker
I simply do not share my hon. Friend’s understanding or view of the matter. I respect his point of view, but I am afraid that he is not right on the legal facts.
A large volume of EU exit legislation, preparing the statute book for the moment EU law ceases to apply, is due to enter into force automatically on exit day. Without this instrument in place, there would be a clash in our domestic law whereby contradictory provisions would apply—both EU rules and the new UK rules simultaneously. In some cases, new UK rules would replace EU rules prematurely.
We estimate that tens of thousands of amendments to our domestic legislation will be made in the light of EU exit. These include changes that relate to the sharing of information, reporting requirements placed on businesses and public institutions, and the role of the European Commission in issuing licences and certificates. For example, let us take the amendments relating to the rights of lawyers to practise in the UK. If these regulations come into force on 29 March, EU lawyers who are not registered European lawyers immediately before exit day are at risk of committing a criminal offence if they continue to provide particular legal services in the UK. Other examples include UK operators being unable to comply with the EU emissions trading scheme and having to surrender their emissions allowances early, and the risk that firms stop trading to avoid legal breaches given their uncertainty about when new customs, excise and VAT regimes would kick in.
There are examples from across the statute book, but it is clear that without this instrument there would be significant confusion and uncertainty for businesses and individuals on 29 March.
Richard Graham (Gloucester) (Con)
My hon. Friend is making the strongest possible case that this statutory instrument is important to ensure that our reputation across the world for being a country that is reliable to deal with, and whose obligations in international law are the same as our domestic legislation, remains intact.
Lady Hermon (North Down) (Ind)
Is not the reality of the situation that, while we affectionately refer to the withdrawal deal as the Prime Minister’s deal, it has been signed by 27 other EU member states? It is signed and it is not going to be unsigned: the deal is done. There is only one deal and that is the Prime Minister’s deal. The extension that we need to vote for tonight is very short. We absolutely have to get behind this Brexit deal, get it through, get the implementation period and move on. The deal is not going to be reopened by the other 27.
Sir Christopher Chope (Christchurch) (Con)
I wonder whether my hon. Friend can explain why, when his junior Minister, the hon. Member for Spelthorne (Kwasi Kwarteng), was asked in the House on Friday whether
“the article 50 period will only be extended if the House votes for a statutory instrument to give effect to such an extension”,
he confirmed:
“The Government would have to lay a statutory instrument and the House would have to debate and vote on it.”—[Official Report, 22 March 2019; Vol. 656, c. 1377.]
It now seems as though that was totally inaccurate.
Mr Walker
I did not see what my hon. Friend said in that debate, but I am very grateful to my hon. Friend the Member for Christchurch (Sir Christopher Chope) for promoting me so that I have junior Ministers underneath me.
The question before us is not whether the extension to article 50 happens, but the separate question of whether the domestic statute book reflects this extension, without which there could be a confusing and unclear statute book with clashing provisions. If we are to resolve that, it is essential that this instrument is passed before 11 pm on 29 March so that it can come into force ahead of that time. This will align exit day in UK law with the new day and time on which the EU treaties cease to apply to the United Kingdom in both EU and international law.
Sir Bernard Jenkin (Harwich and North Essex) (Con)
This Executive decision was approved by a Minister without proper reference to Parliament, bringing back to this House not just international law but law that is binding in our own law and binding on this Parliament. May I put it to my hon. Friend that it is exactly this kind of decision making and law making that people voted against in the referendum?
Mr Walker
My hon. Friend makes an important point on which many of us could agree—that this process reflects some of the issues that caused people to vote in the way that they did. However, the House voted for an extension and it was in respecting the vote of this House that the Government sought to negotiate one.
I am acutely aware of the huge amount of work undertaken by Members across this House to scrutinise—
Sir Christopher Chope
On a point of order, Mr Speaker. The Minister made light of my intervention, in which I expressly drew the attention of the House to what we had been told on Friday during an urgent question by a Minister of the Crown from his Department. If what was said then is wrong, when are we going to get an official correction and apology from the Government, because those of us who were in the House on Friday were certainly gravely misled by what was said?
Mr Speaker
I am extraordinarily grateful to the right hon. Gentleman, but I wonder if we now might return to the relatively narrow ambit of the statutory instrument.
Mr Walker
Thank you, Mr Speaker. I shall be brief.
I am acutely aware of the huge amount of work undertaken by Members across the House to scrutinise the near 550 statutory instruments brought forward to prepare for exit and provide legal certainty. If this instrument were not to pass, that work would be undermined by the legal uncertainty created. If, on the other hand, we passed today’s instrument, the only thing that would change across all those SIs is the moment at which they come into force, aligning with the time of our exit so that they work properly.
I remain hopeful that the House will support the Prime Minister’s deal and that we will leave the EU on 22 May, with a short technical extension to ensure that we can pass the necessary implementing legislation. This instrument is, however, without prejudice to whether that is the case. I hope the House can agree on the necessity of this instrument and approve it, so that it can come into force and we can avoid serious confusion and uncertainty for businesses and individuals.
EU Exit: EEA and Swiss Nationals
Robin Walker Excerpts(5 years, 8 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)
Today the Department for Exiting the European Union and the Department for Work and Pensions are announcing that, if the UK leaves the EU without a deal, there will be no immediate changes to entitlements to access public funds for EEA and Swiss nationals coming to live in the UK after free movement ends and before the new immigration system is introduced in 2021.
“Public funds” is defined in immigration rules and includes a range of services and benefits that are provided by a number of Government Departments, local authorities and service providers. This announcement is pertinent to all spending and service Departments.
On 28 January 2019 the Home Secretary set out the immigration provisions for EEA and Swiss nationals coming to the UK after EU exit in the event of a no deal. The provisions will enable the Government to end freedom of movement but recognise the need for transitional arrangements.
In the event of no deal EEA and Swiss nationals arriving after free movement ends and wishing to stay longer than three months would need to apply for temporary leave to remain which, if granted, would be valid for 36 months.
Our announcement today provides details of the transitional arrangements for access to public funds for this group.
These arrangements will provide certainty to individuals arriving in the UK following the ending of free movement, will minimise disruption, and will ensure that changes are made in a sensible and sustainable way over a period of time.
It is important that, in a no-deal scenario, EEA and Swiss nationals who come to the UK after free movement ends know what their eligibility to access public funds will be. This will be on the same basis as for EEA and Swiss nationals now. They will continue to need to meet any eligibility criteria, for example demonstrating that they are exercising an EU qualifying right to reside, such as a worker or self-employed person. As now, those not exercising a qualifying right will not be able to access certain publicly funded services and benefits.
When an individual’s 36 months temporary non-extendable leave expires, a person wishing to remain in the UK will need to apply and qualify for leave under the new immigration system that will be introduced from 2021 onwards. When individuals move into the new immigration system, or if they otherwise change immigration status, their access to public funds may change. The details on the entitlements that will apply in these circumstances will be subject to further consideration. This may mean that some benefits will cease and that entitlements to some services may end. However, the Government are considering their options and announcements will be made in due course.
We are today publishing a paper entitled access to public funds for EEA and Swiss nationals arriving in the UK after EU exit in a no deal scenario, and I will be depositing copies in the Libraries of both Houses.
[HCWS1451]
Informal General Affairs Council
Robin Walker Excerpts(5 years, 8 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)
Lord Callanan, Minister of State for Exiting the European Union, has made the following statement:
Ministers were unable to attend the informal General Affairs Council (GAC) due to parliamentary business. Alex Ellis, director general of the Department for Exiting the European Union, represented the UK at the informal GAC in Bucharest on 11 and 12 March 2019. The agenda covered a discussion on the multiannual financial framework for 2021-27 and a debate on the EU strategic agenda.
Until we leave the European Union, we remain committed to fulfilling our rights and obligations as a full member.
Multiannual financial framework for 2021-27
The Council had an exchange of views on the multiannual financial framework (MFF) for 2021-27. The Commission stated that the EU needed flexibility to address urgent matters which could not be foreseen, and asked for enhanced collaboration between the funds and instruments. The Commission also stated that the EU needed a stronger link between its budget and policy framework. Most member states spoke in favour of flexibility but stressed the need for it to be balanced to ensure predictability.
EU strategic agenda
In preparation for the EU strategic agenda, Ministers reflected on the future of Europe, and in particular, the overarching priorities that should guide the work of the EU over the coming years. Ministers discussed growth and competitiveness as one of the priority themes for the next strategic agenda. Ministers also discussed security and migration as key priorities.
Alex Ellis intervened to highlight that some of the priorities highlighted in the discussion were ones in which the UK had a strong interest in continued collaboration with our international partners, especially on the challenges we faced collectively, such as security, climate change, global trade and migration.
[HCWS1431]
General Affairs Council, March 2019
Robin Walker Excerpts(5 years, 8 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)
Lord Callanan, Minister of State for Exiting the European Union, has made the following statement:
I will attend the General Affairs Council in Brussels on 19 March 2019 to represent the UK. Until we leave the European Union, we remain committed to fulfilling our rights and obligations as a full member.
The provisional agenda includes:
Multiannual financial framework 2021-27
Ministers and the Commission will discuss progress on the multiannual financial framework (MFF) negotiations. The intention is to reach an agreement on the negotiations in autumn 2019.
Preparation of the European Council 21 and 22 March 2019: Conclusions and European Council follow-up
The Council will discuss the draft conclusions for the March European Council. The conclusions are expected to cover: jobs, growth and competitiveness; climate change; external relations; tackling disinformation and protecting the democratic integrity of the European and national elections across the EU. The presidency will provide Ministers with an update on progress in implementing previous European Council conclusions.
European semester
Ministers will discuss a report on Council contributions to the 2019 European semester, which forms part of the EU’s economic governance framework and comprises a cycle of economic and fiscal policy co-ordination within the EU. The presidency will present an updated timetable for the 2019 European semester. Ministers will discuss the draft recommendation on the economic policy of the Euro area.
[HCWS1414]
EU Withdrawal Agreement: Legal Changes
Robin Walker Excerpts(5 years, 8 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Jeremy Corbyn (Islington North) (Lab)
(Urgent Question): To ask the Prime Minister if she will make a statement on progress made in achieving legal changes to the EU withdrawal agreement and the timetable for approval in this House through a meaningful vote.
The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)
As negotiations are ongoing and at a critical stage, I am here to update the House on the latest developments. My right hon. Friend the Prime Minister spoke to President Juncker by phone yesterday evening, teams will continue to talk throughout today and the Government will make a statement later today updating the House on the progress of discussions. As previously understood, the Attorney General’s legal analysis will be updated following the outcome of negotiations, and he will publish his legal analysis of any document produced and negotiated with the EU and present it to the House before it meets tomorrow.
Clearly, I cannot pre-empt the outcome of these sensitive and urgent discussions, and I am sure the House understands that I am not able to share details or engage in speculation about talks that are still ongoing, but I can assure it that, as soon as the negotiations have concluded, it will be updated. The meaningful vote will take place tomorrow and the motion will be tabled today ahead of that debate. The House will then face a fundamental choice: back the Brexit deal or risk a delay that would mean months more spent arguing about Brexit and prolonging the current uncertainty—uncertainty that would do nothing but pass control to Brussels and increase the risks.
It is incumbent on the House to deliver on the will of the British people and to provide certainty. Tomorrow, right hon. and hon. Members will have the opportunity to do just that in a meaningful vote fully informed by the Government’s legal analysis. I believe that the right hon. Gentleman the Leader of the Opposition and every hon. Member in the House should take that opportunity to move forward and provide certainty.
Jeremy Corbyn
This is a Government in chaos and a country in chaos because of this mess. I left my office at 20 past 3. At that time, Downing Street was unable to confirm who would be responding to my urgent question. It seems that the WhatsApp group, a lottery or something has chosen the hon. Member for Worcester (Mr Walker) to reply to the House, when my question was to the Prime Minister.
We find out from journalists and the Irish Government that the Prime Minister is apparently heading to Strasbourg this evening, or not heading to Strasbourg this evening, hours before a meaningful vote is due. The Prime Minister was clear and categorical on 26 February. She said:
“I want to reassure the House by making three further commitments. First, we will hold a second meaningful vote by Tuesday 12 March at the latest”—
there are still 24 hours to go, so who knows? She also committed to a vote on no deal by 13 March and a vote on whether to extend article 50 by 14 March. She then concluded:
“They are commitments I am making as Prime Minister, and I will stick by them”—[Official Report, 26 February 2019; Vol. 655, c. 166-7.]
This is a matter of trust. Time and again, the Prime Minister has failed to negotiate, failed to compromise and delayed and delayed. After three months, she has not achieved one single change to her deal. As we have often said, she has simply run down the clock, leaving us with a choice between her deal and the chaos of leaving the EU without any agreement. It was a bad deal in December, when it was first tabled; it was a bad deal in January, when it was rejected by the largest parliamentary margin by which any Government has ever been defeated; and it is still a bad deal today, 11 March.
These shambolic negotiations and endless delays are having real-life consequences in workplaces across the country: businesses are holding back on investment, jobs have been lost, workplaces are closing, workers fear for their jobs and the national health service and public services are having to spend millions of pounds preparing for a no-deal outcome, which the House has already clearly rejected.
Can the Prime Minister, I mean the Minister—I am sorry that the Prime Minister cannot be here, apparently—tell us what changes the Government have got to the backstop and when the Attorney General will publish his apparently new legal advice, or is it that, after three months of delay, nothing has changed? Given that they whipped their MPs to vote for the amendment in the name of the hon. Member for Altrincham and Sale West (Sir Graham Brady), which said the deal could only be supported with changes to the backstop, will the Prime Minister be voting against her own deal if no changes have been secured?
Will the Minister confirm that we will, absolutely, have the meaningful vote tomorrow, and that it will not be delayed yet again? Will we also have the vote to rule out no deal on 13 March, and the vote on extending article 50 on 15 March, as promised? If the deal is rejected again tomorrow, will the Prime Minister shift her red lines, and show that she is not just willing to meet Members, but willing to compromise with them as well?
This chaos cannot go on for much longer. The fate of people’s workplaces, jobs and businesses is at stake as the Government fail to negotiate and there is simply dither after dither, and then further delay. It is time for answers.
Mr Walker
The right hon. Gentleman talks about further delay. I have confirmed to him that there will be a meaningful vote in the House tomorrow. I have explained that negotiations are ongoing, and the Government are seeking legally binding changes that will address the concerns that have been raised in the House.
The right hon. Gentleman speaks of chaos. We all remember his advice to the Government, on day one after the referendum, to trigger article 50 immediately. I think that we can be very clear that this process would be no safer in his hands. He talks about investment. He and his party will have the opportunity to vote to secure and unlock investment tomorrow by backing the deal, and they will do so fully informed by the Government’s legal analysis. He asked about the timetable for the publication of the Attorney General’s advice, and I can confirm that that advice will be published before the House sits tomorrow.
Mr Kenneth Clarke (Rushcliffe) (Con)
My hon. Friend firmly confirmed that the vote on the deal would come tomorrow. He did not actually mention the event, if it is defeated, of the vote on Wednesday on whether or not we leave with no deal, and, further to that, the vote on Thursday about delaying article 50 if, indeed, the House rejects no deal. I hope that that was a mere oversight and that my hon. Friend is not going back on last week’s undertakings.
Mr Walker
I am happy to confirm that the exact words of the Prime Minister in giving that undertaking, which we absolutely stand by, were
“First, we will hold a…meaningful vote”
on 12 March. If the Government did not win a meaningful vote, they would
“table a…motion…to be voted on by Wednesday 13 March…asking this House if it supports leaving the EU without a withdrawal agreement… Thirdly”,
if the House rejected both those options,
“the Government will, on 14 March, bring forward a motion on whether Parliament wants to seek a short, limited extension to article 50.”—[Official Report, 27 February 2019; Vol. 655, c. 377.]
Ian Blackford (Ross, Skye and Lochaber) (SNP)
It is crucial that the House has the opportunity to extend article 50 on Thursday, because we have to take back control from this shambles of a Government.
We are 18 days away from the scheduled UK exit from the EU, yet the Government still have no plan to protect jobs and living standards. This Prime Minister is guilty of neglect. She has proved incapable of governance, incapable of negotiation and utterly incapable of leadership. The truth is that the politics of the United Kingdom has become a farce. The lack of leadership from either the Tory or the Labour party has left people across the country at a loss, panicking about their futures and abandoned by their so-called leaders.
This morning, Downing Street exclaimed that tomorrow’s vote would go ahead, and the Minister has repeated that. It must happen, and it is welcome, because to dither and delay yet again would be another act of grave cowardice. We cannot ignore the facts: this place is in total chaos, and the crisis engulfing the United Kingdom is deepening. In Scotland, businesses, students, farmers, academics, mothers, fathers and EU nationals are rightly worried about their futures, but this Government, this Tory party and this Prime Minister could not care less about the people of Scotland. This deal will damage our economy, destroy growth and deprive Scottish people of all the cherished opportunities that the European Union has gifted us.
Michel Barnier was very clear: the negotiations are over. He said:
“We talked all weekend and now the discussions, the negotiations, are between the government in London and the parliament in London.”
Can the Minister answer these questions? Will the Government back the Prime Minister’s deal tomorrow? Will the text of the motion on which we shall vote provide for a new arrangement in relation to the Northern Ireland backstop? Has the Prime Minister negotiated with the European Union new protections for the Scottish economy? If not, are the Scottish MPs in her party ready to resign? Scotland did not vote for Brexit, and we must not be dragged out of the European Union against our will. The sovereign right of the Scottish people to choose our own future must be respected. We are, and we will remain, a European nation.
Mr Walker
We are all leaving the European Union, but we are not leaving Europe. Amid the right hon. Gentleman’s rhetoric, he spoke about the interests of the Scottish people. Of course, the interests of the Scottish people are in our strong Union of the United Kingdom. We want to deliver a good deal for the whole United Kingdom.
Mr David Davis (Haltemprice and Howden) (Con)
Unlike the Leader of the Opposition, may I welcome the Minister to the Dispatch Box? I know from my own experience that, unlike the Leader of the Opposition, the Minister is a brilliant master of his brief. The Leader of the Opposition talked about trust. Is not the Prime Minister demonstrating the trust that this House should put in her by going to Europe and negotiating with the Europeans a deal that will deliver on the requirements of the British people—unlike the Opposition?
Mr Walker
My right hon. Friend is absolutely right, and I pay tribute to his work on this process. He has said many times that negotiations with the EU often go right to the eleventh hour. We have a demonstration of that today, and there will be a statement from the Government later today.
Hilary Benn (Leeds Central) (Lab)
Can the Minister explain to the House why the Irish Foreign Minister Simon Coveney said earlier today:
“The…Prime Minister is travelling to Strasbourg this evening…to try to finalise an agreement, if that’s possible, to be able to put that to a meaningful vote in Westminster tomorrow…”?
Can the Minister confirm that? If an agreement that changes the withdrawal agreement or the political declaration is reached tonight, will that have the approval of the Heads of Government? If not, will it actually constitute a negotiated agreement under the terms of section 13(1)(b) of the European Union (Withdrawal) Act 2018?
Mr Walker
The right hon. Gentleman, who is the Chair of the Exiting the European Union Committee, asked me a series of questions, and I think that he knows I cannot answer them all. My Secretary of State has reiterated to me that he is keen to give evidence to the Select Committee tomorrow, so perhaps he can update the right hon. Gentleman and his Committee on all those issues.
Nicky Morgan (Loughborough) (Con)
May I likewise welcome the Minister? Before his well-deserved promotion, he was an excellent Parliamentary Private Secretary—[Interruption.] That was before my demotion, but there we are. Has not the right hon. Member for Leeds Central (Hilary Benn) just shown us exactly what the Leader of the Opposition should have done in an urgent question that is entitled “EU Withdrawal Agreement: Legal Changes”? The nub of the matter is that we would be better served by a forensic examination of the January letter from Presidents Tusk and Juncker, in which much was conceded by the EU, and that now needs to be turned into legally binding text. Many complain about delay, dither and the consequences for workplaces, but does the Minister agree that all that could be solved if the agreement were passed tomorrow?
Mr Walker
My right hon. Friend makes a very good point. Of course we should pass this agreement, but it is vital that the Prime Minister has gone in to negotiate right up to the last moment so that she can address the concerns of this House. I agree with my right hon. Friend that the letter from the Presidents took some steps to address those concerns, but we have sought, and we will continue to seek, legally binding changes.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
The Minister could not answer the question from my right hon. Friend the Member for Leeds Central (Hilary Benn). The status of tomorrow’s meaningful vote matters because we want to be sure that the Government will not use any shenanigans to avoid further votes later in the week. Will the Minister confirm that if by the end of tomorrow Parliament has not approved a withdrawal agreement and future partnership that have been agreed with the EU for the purposes of section 13(1)(b) of the European Union (Withdrawal) Act, the Government will go ahead on Wednesday with the vote on no deal, followed by the vote on the extension of article 50?
Sir Patrick McLoughlin (Derbyshire Dales) (Con)
Should the country leave the European Union without a deal, what would be the liabilities owed to the European Union?
Mr Walker
The right hon. Gentleman asks a question about what might happen if the deal is passed. I think that he should get behind the deal and support it, because we would then secure the implementation period that would provide certainty to businesses and citizens in this country while we negotiate the future relationship and ensure that it is put in place. It is certainly my aspiration to ensure that that is done before the end of the implementation period.
Dr Julian Lewis (New Forest East) (Con)
The European Union has known for some considerable time that we are going to have this vital vote tomorrow. Supposing it actually does offer to pull a rabbit out of the hat sometime late tonight, what would that say about the bad faith in which it has been negotiating?
Mr Ben Bradshaw (Exeter) (Lab)
Will the Minister acknowledge that tabling an amendment with Government support tomorrow to make support conditional on a not-yet-negotiated agreement would fulfil neither the letter nor the spirit of the Prime Minister’s promise?
Mr Owen Paterson (North Shropshire) (Con)
I welcome my hon. Friend to the Dispatch Box and congratulate him and his colleagues on getting the European Union to agree to set up a taskforce or workstream to work up the Malthouse compromise proposals. Will he commit to getting those into the legally binding text, so that there will be an implementation date that is fixed for the future?
Caroline Lucas (Brighton, Pavilion) (Green)
Does the Minister care at all about the real impact of his Government’s utter incompetence on real people? In my constituency, American Express, the biggest private sector employer, is deeply concerned about recruitment problems because of his recklessness. Will he answer a very simple question? Will he himself vote against no deal if the Prime Minister’s deal is lost tomorrow?
Mr Mark Francois (Rayleigh and Wickford) (Con)
The Minister has arrived at the big time and he is doing well. He has told the House that the Attorney General will publish any revised legal advice before the House sits tomorrow, which I am sure the whole House will welcome for obvious reasons. With regard to the motion that we might then have to vote on, will we get sight of it tonight, or will it be placed in the public domain only when the Order Paper is published electronically in the small hours of the morning?
Mr Pat McFadden (Wolverhampton South East) (Lab)
Section 13(1)(b) of the European Union (Withdrawal) Act 2018 says that the vote must be on “the negotiated withdrawal agreement”. Does the Minister accept that a vote tomorrow on anything other than that would not count as the second meaningful vote and would not fulfil the Prime Minister’s promise of 22 February, when she said that
“we will hold a second meaningful vote by Tuesday 12 March at the latest”?—[Official Report, 26 February 2019; Vol. 655, c. 166.]
Mr Jacob Rees-Mogg (North East Somerset) (Con)
With regard to the legal changes required to the withdrawal agreement, this House voted for the entire removal of the backstop. Does it not strike my hon. Friend as incongruous at the very least that it is harder to the leave the backstop than it is to leave the EU under article 50?
Mr Walker
My hon. Friend makes an interesting point, as always. The Government have heard loudly and clearly this House’s concerns about the backstop, and they are what the negotiations are to address. I am confident and hopeful that we will come forward tomorrow with something that will allow even him to support the Government’s deal.
Joanna Cherry (Edinburgh South West) (SNP)
Given the mess that the UK Government are in at this eleventh hour, does the Minister think that his boss—the real Prime Minister—will ultimately be grateful for the ruling secured by myself and other Scottish parliamentarians from the Court of Justice in Luxembourg that article 50 can be unilaterally revoked and that there is a way out of this mess for the United Kingdom?
Stephen Crabb (Preseli Pembrokeshire) (Con)
If the withdrawal agreement is defeated and this House assents to leave the EU without a deal following the votes this week, does my hon. Friend agree that there will be a whole series of permissions and protocols that we will need the EU to agree to in order to manage that situation? In those circumstances, why would the EU not turn around and make the obligations within the withdrawal agreement a prerequisite to it agreeing to any of the things that we need from it?
Catherine West (Hornsey and Wood Green) (Lab)
May I press the Minister on the timing of the motion for tomorrow? For those of us wishing to speak in the debate, it would be particularly helpful to have the text of the motion so that we know exactly on what we are going to be voting. Will he please put it out by 5 o’clock today?
Sir Desmond Swayne (New Forest West) (Con)
The Government are formally seeking a legally binding text on the Malthouse compromise as an alternative to the backstop, aren’t they?
Anna Soubry (Broxtowe) (Ind)
The Minister needs to be very clear about the timetable. As I understand it from the answers that he has given, as much as he can give them, he is committing on the Government’s behalf to a meaningful vote tomorrow, and the motion will be tabled as soon as the Government can do so, which I think means as soon as they get all their ducks in a row. In any event, as far as I understand it, it must be published by the close of play this evening, which is 10.30 pm. Does the Minister think that that would then allow enough time not just to consider it, but for right hon. and hon. Members to table the necessary amendments to it? How does any opinion from the Attorney General then fit into that important timetable?
Mr Walker
The Attorney General has committed to providing the House with his legal analysis of any document published by the UK and the EU as part of this process, and he will do so ahead of the debate. We will ensure that the Government’s motion is tabled as soon as it can be. The right hon. Member for Broxtowe (Anna Soubry) will appreciate that, with negotiations ongoing, I cannot commit to a specific time on that, but I take note of Mr Speaker’s advice from the Chair.
Mr Speaker
Well, I do not think I am offering the hon. Gentleman advice, but what I can give is a very clear indication of what the procedures of this House require. It is not by way of advice; I am telling him, on behalf of the House, what the position is.
The right hon. Member for Broxtowe (Anna Soubry) is correct in her understanding of the required deadline for the tabling of a Government motion to appear on the Order Paper tomorrow. I understand the Minister’s natural reluctance to commit to a specific time, pending the progress or otherwise of negotiations, but the deadline is the rise of the House.
In so far as the right hon. Member for Broxtowe and other hon. and right hon. Members might legitimately be concerned about the matter of adequacy of time for the possible tabling of amendments, it would perhaps be helpful to the House if I indicated that, in extremis—that is to say if circumstances require it—manuscript amendments will be taken. [Interruption.] That is absolutely the case. I do not need any help from the right hon. Member for Chelsea and Fulham (Greg Hands), who would not have the slightest idea where to start. I know what the position is, and I am helpfully indicating it to the right hon. Member for Broxtowe, which I think will help the House.
Richard Graham (Gloucester) (Con)
Many questions this afternoon seem designed to construct negotiating hurdles that are impossible for the Prime Minister, or any Government, to jump over. I have met lots of constituents in Gloucester over the last three days who want to see this issue resolved as sensibly and quickly as possible. Can I therefore give my hon. Friend the Minister all encouragement for the Prime Minister to come back with legally binding changes that will make a huge difference, particularly to the Northern Ireland situation, and then for this House, 80% of whom were elected on manifestos to respect the referendum, to get behind the deal and see it through?
Ms Angela Eagle (Wallasey) (Lab)
The Minister is asking Parliament to accept that, two and a half years after the referendum, he will give us maybe just a few hours to consider the deal that the Prime Minister may or may not conclude sometime overnight before we have one of the most important votes this Parliament will ever hold. That is not acceptable, is it?
Maria Caulfield (Lewes) (Con)
Does the Minister agree that the intransigence of the EU on making legally binding changes to the backstop, whether to the time limit or an exit mechanism that would enable many of us to support the deal, justifies our concern that, if we ever enter the backstop as it stands now, the EU would never let us leave?
Hywel Williams (Arfon) (PC)
Tonight I was supposed to be meeting the Farmers Union of Wales in Caernarfon, rather than being here. Those hard-working and resourceful people battle the elements to produce the finest beef and lamb in the world. When they find that something they are doing does not work, they change what they do. What lesson for tomorrow’s proceedings does the Minister derive from their success?
Vicky Ford (Chelmsford) (Con)
The withdrawal agreement gives certainty to the British and European citizens most affected by Brexit; it gives our businesses the certainty of a transition period; and it brings certainty about the size of the bill we have to settle. Does my hon. Friend agree that the one individual who is bringing uncertainty, by his refusal to negotiate and compromise, is the leader of the Labour party?
Kirsty Blackman (Aberdeen North) (SNP)
The Government intend to publish a motion, an agreement and legal advice on that agreement. Can the Minister commit to ensuring that we have all of this before the beginning of the debate tomorrow? Will he also ask the Attorney General to come to give a statement about the legal advice, so that we can ask questions on it in advance of tomorrow’s debate?
Mr Peter Bone (Wellingborough) (Con)
The Minister is answering the questions admirably, but we have heard from those on the Opposition Benches the desire for time to look at the legal advice and the motion, and time to table amendments and to consider them. Given that the Opposition are, in effect, requesting an extension to the meaningful vote, will the Minister take from this that we should perhaps consider putting off the vote until Parliament has time to consider what the Prime Minister brings back?
Chris Bryant (Rhondda) (Lab)
The thing is there is only one possible motion that can be considered tomorrow for it to be a meaningful vote under the Act. It is very straightforward and the Government themselves argued repeatedly to the Procedure Committee that if the motion had any other riders added to it, it would not be legally competent—it would not have any legal effect. So the Government could publish the motion now. I could publish the motion for them now—and, for that matter, the business motion which we will have to have tomorrow, because of the Constitutional Reform and Governance Act 2010. They could also introduce that now. Then we would be able to have proper scrutiny. Isn’t it time we had some proper scrutiny and we stopped flying by the seat of our pants all the time?
Mr Walker
The hon. Gentleman talks about proper scrutiny. He will know that the Prime Minister and Secretary of State have been at this Dispatch Box literally hundreds of times facing proper scrutiny on this issue. We will bring forward the Government’s motion for tomorrow’s debate as soon as we can.
Mr Simon Clarke (Middlesbrough South and East Cleveland) (Con)
I echo the words of my hon. Friend the Member for Gloucester (Richard Graham) in wishing the Prime Minister every success today. On the important decisions we face this week, when will the Government publish the World Trade Organisation tariffs and quotas which are going to be needed to assess the merits of no deal, in the event that the deal is defeated?
Mr Walker
My hon. Friend makes an important point, although I think it is for another Department to answer. We will be having a meaningful vote on a deal that ensures that we need not have those tariff barriers between ourselves and the EU. That is one of the many reasons we should support the deal.
Sammy Wilson (East Antrim) (DUP)
It will not be lost on many listening to this debate that those who are condemning the Prime Minister for not getting a deal are the very ones who have made it difficult for her to get that deal because they have insisted she rule out no deal as an option. Will the Minister give an assurance that regardless of what the Prime Minister comes back with, she will not accept the diktat of Michel Barnier on Friday, who said that the UK can leave but the one thing that cannot happen is Northern Ireland leaving the EU unless the EU gives us permission?
Rachel Maclean (Redditch) (Con)
I welcome my Worcestershire neighbour to his place. I know he is an assiduous doorstep campaigner and I wonder whether his experience is the same as mine in Redditch, which is that people just want us to get on with this. Does he therefore agree that it is very important that we hold the vote tomorrow so that we can express the wishes of the House and, most importantly, of our constituents, who want us to deliver on the result of that referendum?
Mr Walker
My hon. Friend is absolutely right: our constituents want us to deliver on the result of the referendum. They also want us to secure the strongest economy for every part of our country—from Redditch to Worcester, and all around the country. We can do that by backing the deal.
Mr Chris Leslie (Nottingham East) (Ind)
This is completely crazy. The hon. Member for Wallasey (Ms Eagle) had this absolutely right: we are nearly three years on from that referendum and yet the Minister is perhaps going to give the House three minutes to consider a motion. [Interruption.] He is shaking his head; he will not give us three minutes. So will it be half an hour—or perhaps an hour? I am not sure whether my question should be to the Minister or to you, Mr Speaker, because I feel that the House should be suspended, or at least the Government should bring forward an opportunity for the House to properly look at the motion and consider any Attorney General’s advice, because I, for one, want to table an amendment with my hon. Friends for a people’s vote, so that we can sort this out straightaway.
Charlie Elphicke (Dover) (Con)
Does the Minister agree that no competent negotiator would take no deal off the table and that an extension of article 50 would simply be a bigger bridge to nowhere? Will he reject the representations from the Labour party and its fellow travellers in the Independent Group and rule out a second referendum?
Mr Walker
I heartily agree with my hon. Friend about seeking to rule out a second referendum, which I do not think would provide any solutions. All it would do is prolong the uncertainty. It is absolutely right that we should deliver on the people’s vote that this House voted for and voted to respect back in 2016.
Emma Reynolds (Wolverhampton North East) (Lab)
Will the Minister confirm that tomorrow we will not be asked to consider and vote on a unicorn motion—that is, a motion that contains a withdrawal mechanism that could be unilaterally triggered by the UK, which is just wishful thinking and not agreed with at EU level?
Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)
Over the past months I have contacted hundreds of local businesses in East Kilbride, Strathaven and Lesmahagow and the message is loud and clear: they want the single market and the customs union. Is the Minister risking what businesses need from Brexit with his pursuance of the backstop issue? Not one of my local businesses mentioned the backstop. We need to get a consensus across the House for business, jobs and livelihood.
Mr Walker
The hon. Lady makes an interesting point. I agree with her to the extent that it is not traditionally businesses that express concerns about the backstop—or perhaps not businesses in Scotland; perhaps some businesses in Northern Ireland do—but we also have to recognise the concerns in the House. To get and secure a deal that will secure the market access about which she speaks, we need the House to vote for it. That means we need to address the concerns of communities up and down our United Kingdom.
Ian Murray (Edinburgh South) (Lab)
If we are to take the Minister at his word—and I think we should—he is confirming that tomorrow the House will vote on something that is meaningful under the provisions of section 13 of the European Union (Withdrawal) Act. How does he think a Back-Bench Labour Member of Parliament, standing up for his constituents in Edinburgh South, will be able to table an amendment to that motion, have it signed by MPs from across the House so that it is selectable, and understand the legal implications of the Attorney General’s information?
Mr Walker
The hon. Gentleman asks a fair question and I respect the integrity with which he does so. The Speaker has already indicated that he would be prepared to accept manuscript amendments and I have been clear that the Government will bring forward their motion and the Attorney General’s advice as soon as they can. I am sure the hon. Gentleman’s ingenuity will allow him to pursue the ends he means to pursue in a parliamentary way.
Stephen Timms (East Ham) (Lab)
What assessment has the Minister made of what I think is an increasingly compelling case, which is that if the Prime Minister is able, tomorrow or subsequently, to bring forward an agreement that may be acceptable to Parliament, parliamentary approval for it should be subject to ratification in a subsequent public vote?
Martin Whitfield (East Lothian) (Lab)
It is often said that a lawyer who acts for himself has a fool for a client. We are going to receive legal advice tomorrow that has not yet been written because the negotiations have not finished. Will the Minister ask for that legal advice to cover the fact that what we will vote on tomorrow is a negotiated agreement for the purposes of section 13(1)(b) of the European Union (Withdrawal) Act?
Patricia Gibson (North Ayrshire and Arran) (SNP)
Potentially extending article 50 until the end of June is, of course, welcome, but I am curious and a wee bit bewildered as to what dramatic change the Prime Minister expects by then. Perhaps the Minister could enlighten us on that, but would it not be more honest, more courageous, and more statesmanlike to abandon these futile and embarrassing attempts to hold the fractured Tory party together, revoke article 50 altogether and get on with the day job?
Kevin Brennan (Cardiff West) (Lab)
It is customary on these occasions for the House to complain that the Government have sent the monkey and not the organ grinder, but on this occasion we have not even got the monkey—we have not even got the codpiece. [Hon. Members: “Oh!”] While the Minister is enjoying his very exciting work experience day, can he confirm one thing that he said earlier in this statement, which was that the Attorney General’s advice would be available before the House sits tomorrow? Can he confirm that that will be the case—that it will be available before the House sits, and not just before the debate?
Mr Speaker
Yeah, and I as a Back Bencher had a really good relationship with my Whips! I had a relationship with my Whips that was characterised by trust and understanding: I did not trust them and they did not understand me.
Catherine McKinnell (Newcastle upon Tyne North) (Lab)
The Minister has clearly been sent out today to defend an absolute Horlicks of a situation in Government. Given that he has already confirmed that there will be a meaningful vote tomorrow based on section 13(1)(b) of the Act and that there will not be any unicorns contained within it, can he also confirm that, if the Government cannot negotiate some last-minute changes to the withdrawal agreement and future framework, the meaningful vote tomorrow will take place on the existing negotiated agreement, which will not have changed?
Mr Walker
The hon. Lady asks a series of hypothetical questions. The Government are negotiating, and I fully expect them to come back to this House with the results of that negotiation and then to hold the meaningful vote on those. I hope that she will be joining me in the Lobby to secure a deal as we exit the European Union.
Alan Brown (Kilmarnock and Loudoun) (SNP)
In order to gauge whether it is worth my bothering to turn up for the statement later on, will the Minister confirm that the statement will outline legally binding changes to the withdrawal agreement? If it does, will he tell us what red lines have been rubbed out to allow that to happen?