EU Exit Day Amendment

Debate between Robin Walker and Mark Francois

Wednesday 27th March 2019 Commons Chamber

[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.

--- Later in debate ---

[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.

EU Withdrawal Agreement: Legal Changes

Debate between Robin Walker and Mark Francois

Monday 11th March 2019 Commons Chamber

[Mr Walker]

I want to take the first opportunity to vote against no deal by voting for the deal in a meaningful vote. That is the best way to secure the absence of no deal and to secure the interests of this country.

[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 Walker]

My right hon. Friend asks an important question. The Government will bring forward the motion as soon as we possibly can, but I cannot necessarily guarantee the precise timing given that the negotiations are still ongoing.