European Union (Withdrawal) Bill

Seema Malhotra Excerpts

Committee: 7th sitting: House of Commons
Wednesday 13th December 2017 Commons Chamber

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

Thank you, Mrs Laing. I will do my best but, with short notice, I may struggle to bring my speech down to three minutes.

It is a pleasure to follow many hon. Friends and hon. Members in lending my support to new clause 3, amendment 7 and new clause 66, which speak to the intention of Members on both sides of the Committee to engage constructively and thoughtfully on the role of Parliament and on when, and how, Parliament has a say on the fundamental issue of the withdrawal agreement.

I am grateful to have the opportunity to address my new clause 69 and to thank the 40 hon. Members from both sides of the Committee who put their name to it. New clause 69 seeks to lay out a simple road map to provide clarity on the role of Parliament in the final months before Brexit.

The Government put out a statement today, setting out the role of Parliament in approving the agreements and how the agreements will be put into force. Notwithstanding the Minister’s comments, I will lay out why the statement does not go far enough in addressing this fundamental issue—the Minister also did not adequately address these points.

The Brexit Secretary said in his written statement—there is no disagreement with this—that:

“A Withdrawal Agreement will be negotiated under Article 50 of the Treaty on European Union…whilst the UK is a member of the EU. It will set out the terms of the UK’s withdrawal from the EU…as well as…any implementation period agreed between both sides.

Article 50(2) of the TEU sets out that the Withdrawal Agreement should take account of the terms for the departing Member State’s future relationship with the EU.”

We believe that partially parallel process is soon to be under way.

Michel Barnier has said that he wants to have the withdrawal agreement finalised by October 2018, which is indeed the Government’s stated intention. The Prime Minister said today that she fully expects the vote to be “well before March 2019.” The Government have committed to holding a vote on the final deal as soon as possible after the negotiations have been finalised, and the Brexit Secretary’s statement says:

“This legislation will be introduced before the UK exits the EU”.

I very much hope that all goes according to plan. It is in the interest of the country for there to be an orderly, stable and predictable Brexit process that enables businesses and families to plan ahead and do all they can to manage the risks of transition. If the Government are as confident of that as they would wish us to believe, I hope they are able to confirm today that they will accept amendment 7 and respond to the points raised in my new clause 69, which seeks to do nothing other than include in the Bill the commitments the Government made in their stated policy intentions. Although I will not be pressing new clause 69 to a vote, I reserve the right to bring back the issues at a later stage.

Legislation is not passed to plan for when things go well but to provide protections and a route map for action when things do not go well. There may well be an honest intention to reach a deal by October 2018, but there is no guarantee. I am not attempting to talk down the Government’s negotiation attempts, but there has been a consistent view—indeed, reiterated by the Prime Minister today—that she fully expects a vote before March 2019. That is not a promise, because we know it cannot be.

I am also representing the views expressed by the Brexit Secretary on 25 October 2017, when he said we could go up to the 59th minute of the eleventh hour. The Government may have sought to row back on that, but the experience suggests and the reality is that it may well end up being the case.

Michel Barnier said this morning that negotiations are difficult and “tough” and that he wants steps to be taken for an “orderly withdrawal”. He has stated today that a full trade deal will not be possible by the time the UK leaves the EU. With only 15 months left to Brexit day, we must recognise that in these complex times the unpredictable can happen, and that in those circumstances, which none of us would wish to see, we need to have planned ahead effectively. We need certainty for Parliament, for our constituents, and for business and industry about how we will proceed.

My new clause states that in the event of no deal being reached by October 2018 or a deal not having been passed by both Houses of Parliament by February 2019, with a month to go the Prime Minister must: seek agreement with the EU to extend the article 50 time period; or seek agreement with the EU to finalise the terms of the withdrawal agreement through the period of transition after the article 50 notice expires and the EU treaties cease to apply to the UK; or seek agreement on any other course of action in line with a resolution of this House. This is important as it gives an opportunity for timely—I repeat, timely—engagement of this House, which is critical in order for any vote to be meaningful.

My new clause does not specify which of those the Government should seek to do, but it sets out three clear options that could be vital in keeping order and stability in the weeks and months before exit day. Let me be clear also that this is not about an unnecessary extension of the process; it is about allowing provision for and clarity on the circumstances in which it may be called upon, most likely for a short period of months. That can only be helpful in managing the risks of Brexit, particularly in the event that a deal is well under way but has not been finalised. It would certainly not be against the spirit of the referendum result, and at the time could precisely be in the national interest.

I do not believe that in truth this approach should be any great distance from Government policy, and it simply picks up on paragraph 3 of article 50, which states:

“The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.”

I do not believe there has been any suggestion from the European Council or elsewhere that such a request would not be agreed to if it were proven to be necessary.

In the light of aspects of stated Government policy, new clause 69 and amendment 7 should be nothing other than helpful. I wish to make a few points on this, Mrs Laing, which I shall summarise. The Government have made it clear that they will want to see a vote of this Parliament—after a challenging journey on that policy, they made that commitment in their manifesto in May. As has been stated today, however, the challenge is that it is not clear, and there certainly is no consensus on, what constitutes “meaningful”. Indeed, there has been a difference in view on this. First, the Secretary of State said:

“The House will have the opportunity to vote on any number of pieces of legislation before we get to the end and then will have a vote to decide whether what it gets is acceptable. I cannot see how it can be made more meaningful than that.”—[Official Report, 2 February 2017; Vol. 620, c. 1222.]

Yet, five days later, his deputy Minister at the time, the right hon. Member for Clwyd West (Mr Jones), said:

“Let me say this. It will be a meaningful vote. As I have said, it will be the choice between leaving the European Union with a negotiated deal or not. To send the Government back to the negotiating table would be the surest way of undermining our negotiating position and delivering a worse deal.”—[Official Report, 7 February 2017; Vol. 621, c. 273.]

This is surely the crux of the issue about the ability of Parliament to influence this Government and the negotiations to get the best deal for our country.

That brings me to my final point, which is about the issue of no deal. If the Government were to proceed on the basis of no deal, that itself would not be after a vote of this House. No deal obviously would bring huge risks to our economy and it would have a legally questionable status, and those views of stakeholders are of no surprise to Ministers in this House.

I would rather we were not in this positon and I would rather not have had to table the new clause, but I believe strongly that it would provide important safeguards for the country and for people in our constituencies, who will be picking up the pieces if we crash out of the European Union. Parliamentary scrutiny and sovereignty are our duty and responsibility. I may not push for a vote today, but I reserve the right to bring my new clause back to the House, depending on what further comments the Minister makes. The House deserves a definite timeline for a vote, and to be confident of the meaningfulness of that vote.