European Union (Withdrawal) (No. 5) Bill

John Bercow Excerpts

2nd reading: House of Commons
Wednesday 3rd April 2019 Commons Chamber

[Mr Speaker]

Under the terms of the business of the House motion to which the House has just agreed, amendments for the Committee stage of the Bill may now be accepted by the Clerks at the Table. An amendment paper containing all amendments tabled up until 6.15 pm today, and the names of signatories, will be available in the Vote Office and on the parliamentary website by 7 pm. Members may continue to table amendments up until the start of proceedings in Committee of the whole House. If necessary, an updated amendment paper will be made available as soon as possible during proceedings in Committee. For the benefit of everyone, however, I would encourage Members to table their amendments as soon as possible. The Chairman of Ways and Means will take a provisional decision on selection and grouping on the basis of amendments tabled by 6.15 pm, and that provisional selection list will be made available in the Vote Office and on the parliamentary website before the start of proceedings in Committee.

[Sir William Cash (Stone) (Con)]

On a point of order, Mr Speaker. I wish to raise a point of order regarding the need for a money resolution under the Standing Orders in respect of the Bill. For example, if the Bill was to result in a very great extension, the cost could be £36 billion of taxpayers’ money. Fifty MPs have written to you, Mr Speaker, in my name and theirs, in the belief that a money resolution is required, particularly as the matter is apparently decided by the Clerks of the House of Commons. That raises a question for the Procedure Committee as to whether or not there should be a money resolution. I therefore ask you, Mr Speaker, first of all, what is your conclusion on that, as advised; and, secondly, whether the matter can be referred to the Procedure Committee, because in my judgment it is completely unacceptable for matters to be decided in this way?

[Mr Speaker]

I will respond to the hon. Gentleman, but I will first hear the point of order by the hon. Member for Bishop Auckland (Helen Goodman).

[Helen Goodman (Bishop Auckland) (Lab)]

Further to that point of order, Mr Speaker. The contention of the hon. Member for Stone (Sir William Cash) that the Bill could cost £36 billion is, of course, highly controversial. It could equally be argued that crashing out with no deal would cost as much, if not more. In that case, it seems to me that what has happened hitherto and the advice from the Clerks has been wholly proper.

[Sir Edward Leigh (Gainsborough) (Con)]

Further to that point of order, Mr Speaker. I do not want to get into the argument about what the Bill is going to cost, but as a member of the Procedure Committee I do think it is an arguable contention that when we are indulging in such constitutional innovations the matter should go to the Procedure Committee first. Otherwise, what is the point of the Procedure Committee?

[Mr Speaker]

I will take a final point of order, but I am quite keen to give a ruling on this matter.

[Helen Goodman]

Further to that point of order, Mr Speaker. I am also a member of the Procedure Committee and we did have some preliminary discussion about this matter, which Sir Edward, unfortunately, did not attend.

[Mr Speaker]

It is not for the Chair to pronounce judgment on the attendance record of right hon. and hon. Members at Committees. Suffice to say that I have heard points of order from the hon. Members for Stone (Sir William Cash) and for Bishop Auckland (Helen Goodman) and the right hon. Member for Gainsborough (Sir Edward Leigh), and the House has heard what they have had to say. If there are no further points of order—[Interruption.] Oh, very well.

[Mr Shailesh Vara (North West Cambridgeshire) (Con)]

On a point of order, Mr Speaker. This is on another matter.

[Mr Speaker]

I would rather deal with this matter. I think it is more orderly to deal with it in that way. If there are no further points of order on this matter, I will—[Interruption.] I beg the pardon of the hon. Member for North East Somerset (Mr Rees-Mogg).

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

On a point of order, Mr Speaker. I thought this matter would come at a later stage, because on private Members’ Bill Fridays we do not have money resolutions until Bills need to go into Committee. The money resolution is given at that stage. It is the case that a Bill cannot proceed out of Committee without a money resolution, not Second Reading, is it not?

[Mr Speaker]

That is true, but I say to the hon. Gentleman that there is no automatic or compelling obstacle to the House treating of the matter now. I judged, in consultation with the hon. Member for Stone, that it might be for the convenience of the House—particularly a relatively full House, at this time—for me to say something about the matter now on the back of what he has said. The alternative was for him to expatiate on this point in the course of any speech that he might make on Second Reading.

Of course, the two are not mutually exclusive, but I am sure that the hon. Member for North East Somerset would agree that for me then to interrupt the Second Reading debate to respond to the point would be a rather ungainly way in which to proceed. I thought it better to treat of the matter now, before we embark on Second Reading. I have heard his point, and I respect it, but I do not think it is conclusive.

[Mr Vara]

On a point of order, Mr Speaker. I seek your advice, because many of the people who wish to have the debate that we are about to have argue that the mandate—[Interruption.] Mr Speaker, I am trying. They argue that the mandate given by a margin of a million people in a referendum was not sufficient. They also argue that a 4% margin was not sufficient, in percentage terms. Could you therefore advise me as to the appropriateness of carrying on a debate that has got through on one solitary vote?

[Mr Speaker]

Yes, I can. The answer is that procedural propriety in the House has got absolutely nothing to do with numbers for or against a particular proposition, either in a referendum or in a general election. I say to the hon. Gentleman with great courtesy, because he is among the most courteous Members of this House, that he has made what might be thought by some people to be a very good polemical or campaigning point, but—I think he and I did O-levels, and I say this to him with some trepidation, because he is an extremely intelligent man—in procedural terms, I am afraid his observation would not warrant anything better at O-level than an unclassified. I am sorry. He has made an important campaigning point, but not a procedural one; I do not say that in any spirit of unkindness.

[Mr Vara]

For the record, Mr Speaker, I got better than unclassified in politics.

[Mr Speaker]

I am absolutely certain that the hon. Gentleman got vastly better than unclassified in everything. As I said, he is a very clever man. My point was about this issue, not about his intelligence.

If there are no further points of order on this matter, I will now give a definitive ruling on which, as I have been advised, no further points of order will arise. We will then proceed to the business before us.

As the hon. Member for Stone knows, the view taken by the Clerk of Legislation, who decides these matters in the first instance, is that neither Queen’s consent nor any financial resolution is required for the private Member’s Bill presented by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper). Under the terms of the Bill, if enacted, the Prime Minister “must” move a motion agreeing that she should seek an extension of the negotiating period under article 50(3) of the treaty on European Union to a specified date. The Bill requires the Prime Minister to have the approval of the House before agreeing an extension of the negotiating period. An extension could come into effect only if the European Union 27 decided unanimously to agree an extension with the UK.

As the House will recall, no Queen’s consent was required for the contents of the European Union (Notification of Withdrawal) Bill, which was introduced in January 2017 after the UK Supreme Court decision in the Miller case. My ruling is that as no prerogative consent was required for the Bill in 2017 giving parliamentary authority to the Prime Minister to take action under article 50 of the treaty on European Union, there is no requirement for new and separate prerogative consent to be sought for legislation in 2019 on what further action the Prime Minister should take under the same article 50 of the treaty on European Union.

I recognise, colleagues, that extending the period under article 50 would, in effect, continue the UK’s rights and obligations as a member state of the EU for the period of the extension, which would have substantial consequences for both spending and taxation. I am satisfied that the financial resolutions passed on Monday 11 September 2017 give fully adequate cover for the exercise by Ministers of their powers under section 20(3) and (4) of the European Union (Withdrawal) Act 2018 to move exit day in order to keep in lockstep with the date for the expiry of the European treaties, which of course is determined by article 50 of the treaty on European Union. This has been demonstrated by the European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) Regulations 2019, with which I know the hon. Member for Stone is keenly familiar, and which were laid before this House on 25 March and approved by the House on 27 March. Accordingly, my ruling is that the European Union (Withdrawal) (No. 5) Bill does not require either a Ways and Means motion or a money resolution.

[Sir William Cash]

rose—

[Mr Speaker]

Order. Forgive me; I have treated the hon. Gentleman with the utmost courtesy, as I always do, and I am happy to discuss the matter further with him. However, that is a ruling on advice, to which very careful thought has been given, and we cannot debate it further. We must now proceed with the business.

--- Later in debate ---

[Sir William Cash]

Can the right hon. Lady tell the House how long the extension will be, because that is also a matter of principle? It is not just a matter of committing to it. What does she expect the words in square brackets in the Bill to be? Three months? Nine months? Two years? Secondly, does she agree that it is extraordinary that such an extended period would cost the British taxpayer billions and billions of pounds?

[Mr Speaker]

Order. I gently point out that there are three Front-Bench speeches to be heard, and that a number of other hon. and right hon. Members wish to speak in the debate. There is therefore a premium on brevity.

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

Order. I have just had a message chuntered to me from a Government Whip that the Secretary of State is content to wait for a period. The hon. Member for Cleethorpes (Martin Vickers) is the beneficiary.

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

Order. I encourage colleagues to make speeches not exceeding three minutes. In fact, there will be a three-minute limit on Back-Bench speeches. The Front Benchers are going to be encouraged to be extremely brief. Lots of people want to speak and there is very little time.

--- Later in debate ---

[Tom Brake (Carshalton and Wallington) (LD)]

I wish to say a few words about a conversation I had earlier today with business representatives from, among other places, Northern Ireland, who were worried—

[Mr Speaker]

About the European Union (Withdrawal) (No. 5) Bill.

[Tom Brake]

Absolutely. This was specifically about the impact of no deal—this Bill is clearly about ruling out the possibility of no deal—and the concerns of these businesses about the impact of VAT being applied. They went much beyond that in terms of the impact of no deal on Northern Ireland, extending to, for example, security and the issue that I referred to earlier—the European arrest warrant. No deal would have an effect on labelling; there would be uncertainties as to whether a company that manufactures here but also has shops in other parts of Europe would need to change its labelling. Clearly, the impact of no deal goes far beyond some of the issues that have been raised today. I hope that this Bill will provide clarity on the extension. I am open about believing that the extension needs to be a lengthy one, of the sort businesses were talking to me about earlier today. That is one way of ruling out no deal.

Finally, I wish to mention something related to the point made by the spokesperson for the Greens, on the legitimacy of the vote of three years ago. Trade union legislation requires ballots to be rerun after six months to ensure that they are valid and that the views expressed in a ballot six months earlier remain valid six months on. Clearly, that could equally apply to a ballot that took place three years ago. I hope that we will allow this Bill to proceed through its Second Reading. I know that we have a number of amendments in Committee, one of which applies to a people’s vote. I hope that we will get to debate that shortly, too.

--- Later in debate ---

[Antoinette Sandbach]

I am sorry, my hon. Friend has spoken many times.

Distressed employers in my constituency who are responsible for thousands of employees want a resolution. The Bill will give Parliament a proper say, in the event that we cannot get a resolution in the timeframes currently set out. Far from being undemocratic, this is about putting a process in place that allows us to implement a decision and to have time to look at the best way in which to implement our future relationship with the Europe. That is why I shall be voting for the Bill.

[Mr Speaker]

The time limit is reduced to two minutes.

[Joanna Cherry (Edinburgh South West) (SNP)]

It is a real pleasure to follow the hon. Member for Eddisbury (Antoinette Sandbach), who has been one of the voices of sanity from the Government Benches throughout this debacle. Others, I am afraid, are living in cloud cuckoo land if they still believe that no deal will not be a disaster for the economy of these islands.

My constituency has the second biggest financial sector in the United Kingdom; two major universities, Heriot-Watt and Edinburgh Napier; and many businesses, small and large, which are concerned about the impact of a no-deal Brexit. And of course my constituents did not vote for Brexit at all: 72% of them voted to remain in the European Union.

I therefore support the general principle of the Bill. It has some serious shortcomings, but it is all that we have at the moment—our only insurance policy against a no-deal Brexit. I would have preferred to have seen something with far more teeth in it, such as my proposal on Monday, and I have a number of questions about the Bill that have yet to be answered.

I am worried that the Bill does not say when the Prime Minister has to ask for an extension of time. The European Council is next Wednesday, but the Bill does not state specifically whether she has to ask before then or on the day. What happens if the European Council gives us an extension with conditions attached, such as with a longer extension? Or what happens if the Prime Minister will not contemplate extending beyond 22 May when Parliament has forced her to ask for a longer extension? The Bill seems to imply that she could sit on her hands. The Bill is ripe for a bit of amendment, and the SNP will certainly table some if we get to that stage.

[Mr Speaker]

I will call both remaining Back-Bench Members, but each will have no more than two minutes. The hon. Gentlemen must be reseated by 6.50 pm.

[Sir William Cash (Stone) (Con)]

I shall be very brief indeed; I want to make a point to which I have referred before. As my European Scrutiny Committee report made clear back in March last year, this entire process is being driven by the guidelines and the Government and Prime Minister’s humiliating supplication to the European Union. That is true and clear. Furthermore, I point out the reversal of the position at Chequers, where the European Union (Withdrawal) Act 2018, which had been overtaken by events, was, on a pre-planned basis, turned into a new arrangement that became the withdrawal agreement.

My final point is this: there is profound humiliation for the British people in our being required to do what the EU says. The Bill will ensure that the EU dictates the terms. As Sir Paul Lever, I and others have made clear over the years, things will be decided by Germany in the Council of Ministers and the European Council. Sir Paul says, as do I, that this is a German Europe, run by Germany; that is the bottom line, and that will be the case in relation to this decision as well.

[Mr Speaker]

Well, that is one of the shortest speeches the hon. Gentleman has ever delivered in the Chamber.

--- Later in debate ---

Bill read a Second time; to stand committed to a Committee of the whole House (Order, this day).

[Mr Speaker]

Under the Order of the House of today we shall now move to Committee of the whole House.

[Sir William Cash]

On a point of order, Mr Speaker.

[Mr Speaker]

Yes, I will take the point of order before we go into Committee.

[Sir William Cash]

I have just been to the Vote Office and, most unfortunately, for some reason that we cannot understand, the copy of the Bill we should be getting actually malfunctioned in some way or another, so, as I understand it, it cannot be obtained from the Vote Office.

[Mr Speaker]

I am not sure that a Bill is itself capable of malfunction. My imagination, which is quite vivid, is being stretched. It may well be that there has been some malfunction that has caused the absence of the Bill, which the hon. Gentleman wishes to see and of which he would want a copy. That is unfortunate and I hope the matter can be speedily remedied. [Interruption.] I have just been advised—I am grateful to the hon. Member for Harwich and North Essex (Sir Bernard Jenkin) and the right hon. Member for Rayleigh and Wickford (Mr Francois)—that it was the amendment paper that was not forthcoming. However, I gather that honour is served. The amendment paper is here, the Chairman of Ways and Means is in his place, he has made his selection and the House is going to hear it.