European Council

John Bercow Excerpts

Monday 17th December 2018 Commons Chamber

[The Prime Minister (Mrs Theresa May)]

With permission, Mr Speaker, I would like to make a statement on last week’s European Council. But before turning to Brexit, let me touch on two significant conclusions from the other business of the Council.

First, we expressed our utmost concern over the escalation we have seen at the Kerch strait and the sea of Azov, and over Russia’s continued violations of international law. We agreed to roll over economic sanctions against Russia, and we stand ready further to strengthen our support, in particular for the affected areas of Ukraine. Secondly, we also agreed to work together on tackling the spread of deliberate, large-scale and systematic disinformation, including as part of hybrid warfare. On this I outlined some of the world-leading work that the UK is doing in this field. And I was clear that, after we have left the European Union, the UK will continue to work closely with our European partners to uphold the international rules-based system and to keep all our people safe. That is why it is right that our Brexit deal includes the deepest security partnership that has ever been agreed with the EU.

At this Council, I faithfully and firmly reflected the concerns of this House over the Northern Ireland backstop. I explained that the assurances we have already agreed with the EU were insufficient for this House, and that we have to go further in showing that we never want to use this backstop, and if it is used, it must be a temporary arrangement. Some of the resulting exchanges at this Council were robust, but I make no apology for standing up for the interests of this House and the interests of our whole United Kingdom.

In response, the EU27 published a series of conclusions making it clear that it is their

“firm determination to work speedily on a subsequent agreement that establishes by 31 December 2020 alternative arrangements, so that the backstop will not need to be triggered.”

The House will forgive me, but I think this bears repeating: the backstop will not need to be triggered. The conclusions underline that

“if the backstop were nevertheless to be triggered, it would apply temporarily”,

And that in this event, the EU

“would use its best endeavours to negotiate and conclude expeditiously a subsequent agreement that would replace the backstop”.

And the EU27 gave a new assurance, in relation to the future partnership with the UK, to make it even less likely that the backstop would ever be needed by stating that the EU

“stands ready to embark on preparations immediately after signature of the Withdrawal Agreement to ensure that negotiations can start as soon as possible after the UK’s withdrawal.”

In these conclusions, in their statements at the Council and in their private meetings with me, my fellow EU leaders could not have been clearer: they do not want to use this backstop. They want to agree the best possible future relationship with us. There is no plot to keep us in the backstop. Indeed, President Macron said on Friday that:

“we can clarify and reassure...the backstop is not our objective, it is not a durable solution and nobody is trying to lock the UK into the backstop.'”

As formal conclusions from a European Council, these commitments have legal status and should be welcomed. They go further than the EU has ever done previously in trying to address the concerns of this House. And of course they sit on top of the commitments that we have already negotiated in relation to the backstop, including ensuring that the customs element is UK-wide; that both sides are legally committed to using best endeavours to have our new relationship in place before the end of the implementation period; that if the new relationship is not ready, we can choose to extend the implementation period instead of the backstop coming into force; that if the backstop does come in, we can use alternative arrangements, not just the future relationship, to get out of it; that the treaty is clear the backstop can only ever be temporary; and that there is an explicit termination clause.

However, I know this House is still deeply uncomfortable about the backstop—I understand that, and I want us to go further still in the reassurances we secure. Discussions with my EU partners, including Presidents Tusk and Juncker, and others, have shown that further clarification following the Council’s conclusions is, in fact, possible. So discussions are continuing to explore further political and legal assurances. We are also looking closely at new ways of empowering the House of Commons to ensure that any provision for a backstop has democratic legitimacy—[Interruption.]

[Mr Speaker]

Order. This is very irregular. The statement must be heard. There will be a full opportunity for exchanges, but the statement by the Prime Minister must be heard and heard with courtesy.

[The Prime Minister]

We are looking at new ways of empowering the House of Commons to ensure that any provision for a backstop has democratic legitimacy and enabling the House to place its own obligations on the Government to ensure that the backstop cannot be in place indefinitely. But it is now only just over 14 weeks until the UK leaves the EU, and I know many Members of this House are concerned that we need to take a decision soon. My right hon. Friend the Leader of the House will set out business on Thursday in the usual way, but I can confirm today that we intend to return to the meaningful vote debate in the week commencing 7 January and hold the vote the following week.

When we have the vote, Members will need to reflect carefully on what is in the best interests of our country. I know that there are a range of very strongly held personal views on this issue across the House, and I respect all of them. But expressing our personal views is not what we are here to do. We asked the British people to take this decision; 472 current Members of this House voted for the referendum in June 2015, with just 32 voting against. The British people responded by instructing us to leave the European Union. Similarly, 438 current Members of this House voted to trigger article 50, to set the process of our departure in motion, with only 85 of today’s Members voting against. Now we must honour our duty to finish the job.

I know this is not everyone’s perfect deal—it is a compromise—but if we let the perfect be the enemy of the good, we risk leaving the EU with no deal. Of course, we have prepared for no deal, and tomorrow the Cabinet will be discussing the next phase in ensuring we are ready for that scenario. But let us not risk the jobs, services and security of the people we serve by turning our backs on an agreement with our neighbours that honours the referendum and provides for a smooth and orderly exit. Avoiding no deal is only possible if we can reach an agreement or if we abandon Brexit entirely.

As I said in the debate earlier this month, do not imagine that if we vote this down, a different deal is going to miraculously appear. If you want proof, look at the conclusions of this Council. As President Juncker said, it is the “best deal possible” and the “only deal possible”. Any proposal for the future relationship—whether Norway, Canada, or any other variety that has been mentioned—would require agreeing this withdrawal agreement. The Leader of the Opposition and some others are trying to pretend that they could do otherwise. This is a fiction.

Finally, let us not break faith with the British people by trying to stage another referendum—another vote that would do irreparable damage to the integrity our politics, because it—[Interruption.]

[Mr Speaker]

Order. Many Members of this House, including an illustrious Chair of a Select Committee, are heckling noisily. Mr Angus Brendan MacNeil, you are a cheeky chappy, but we need much less of the cheek and more by way of courtesy in listening to the Prime Minister.

[The Prime Minister]

Another vote would do irreparable damage to the integrity of our politics, because it would say to millions who trusted in democracy that our democracy does not deliver. Another vote would likely leave us no further forward than the last, and another vote would further divide our country at the very moment we should be working to unite it. And let us not follow the Leader of the Opposition in thinking about what gives him the best chance of forcing a general election, for at this critical moment in our history we should be thinking not about our party’s interests, but about the national interest. Let us a find a way to come together and work together in the national interest to see this Brexit through.

I will work tirelessly over these new few weeks to fulfil my responsibility as Prime Minister to find a way forwards. Over the past two weeks, I have met quite a number of colleagues on this important issue, and I am happy to continue to do so, so that we can fulfil our responsibilities to the British people so that together we can take back control of our borders, laws and money, while protecting the jobs, security and integrity of our precious United Kingdom; so that together we can move on to finalising the future relationship with the European Union and the trade deals with the rest of the world that can fuel our prosperity for years to come; and so that together we can get this Brexit done and shift the national focus to our domestic priorities: investing in our NHS, our schools and housing, tackling the injustices that so many still face, and building a country that truly works for everyone. For these are the ways in which, together, this House will best serve the interests of the British people. I commend this statement to the House.

[Jeremy Corbyn (Islington North) (Lab)]

I thank the Prime Minister for the advance copy of her statement.

On Ukraine, as NATO has said, we need both sides to show restraint and de-escalate, with international law adhered to, including Russia’s allowing unhindered access to Ukraine’s ports on the sea of Azov.

We face an unprecedented situation: the Prime Minister has led us into a national crisis. If any more evidence was needed of why we face this grave situation, the Prime Minister demonstrated it at last week’s summit. There were some warm words drafted, but the Prime Minister even managed to negotiate those away, to be replaced by words about preparing for no deal. The Prime Minister boasted:

“I had a robust discussion with President Juncker”,

but that cannot hide the cold reality that she achieved nothing. Standing at the Dispatch Box last week, the Prime Minister said,

“I have made some progress”.—[Official Report, 12 December 2018; Vol. 651, c. 274.]

She has not made any progress at all.

She said so herself while still in Brussels:

“The EU is clear, as am I, that this is the deal.”

The European Commission has been categorical. It said:

“It will not be renegotiated. The European Council has given the clarifications that were possible at this stage, so no further meetings with the UK are foreseen.”

The deal is unchanged and it is not going to change. The House must get on with the vote and move on to consider the realistic alternatives. There can be no logical reason for this delay, except that, in taking shambolic government to a new level, the Prime Minister no longer has the backing of her Cabinet. The International Trade Secretary has suggested that the Prime Minister’s deal no longer has the backing of the Cabinet. It is worth quoting his words. He said:

“I think that it is very difficult to support the deal if we don’t get changes to the backstop. I don’t think it will get through. I am not even sure if the Cabinet will agree for it to be put to the House of Commons.”

We have had the spectacle of the past few days with numerous Cabinet members coming forward with their own alternatives. The International Trade Secretary suggested that a two-year transition to a no deal is an option. The Work and Pensions Secretary says that the Government need “to try something different” and build a consensus in Parliament. The Attorney General is reported as saying that he wants the Prime Minister gone and for the deal to be renegotiated, while the International Development Secretary is allegedly liaising with the European Research Group to launch an alternative option. Others are reportedly working on a second referendum, but if even the Cabinet no longer backs the deal, then who knows what the options would be?

Will the Prime Minister give us some answers? First, does her deal still have the confidence of the Cabinet? Secondly, is Cabinet collective responsibility still in operation? Thirdly, does it remain Government policy to avoid a no-deal outcome? An unacceptable deal is on the table. No amendment has been secured. Renegotiations have been rebuffed and not even mere assurances have been offered. The Prime Minister’s shoddy deal no longer even has the backing of the Cabinet.

The Prime Minister ran away from putting her deal before Parliament, because even her own Cabinet has doubts, and she herself admits that Parliament will not back it, so we are left edging ever closer to the 29 March deadline without a deal and without even an agreed plan in Cabinet to get a deal. The Prime Minister has cynically run down the clock, trying to manoeuvre Parliament into a choice between two unacceptable outcomes: her deal or no deal.

The country, workers and businesses are increasingly anxious. Yesterday, the CBI said:

“Uncertainty is throttling firms and threatening jobs—not in the future but right now.”

The British Chambers of Commerce has said:

“There is no time to waste.”

A responsible Prime Minister would, for the good of this country, put this deal before the House this week so that we can move on from this Government’s disastrous negotiations. This is a constitutional crisis and the Prime Minister is its architect. She is leading the most shambolic and chaotic Government in modern British history; even Cabinet no longer functions. We have a Prime Minister whose authority has been lost, a Cabinet disintegrating into cliques and factions, and a Conservative party so fundamentally split that its very existence is being discussed. It is clear that the Prime Minister has failed to renegotiate her deal and failed to get any meaningful reassurances. There is no excuse for any more dither or delay. This Government have already become the first Government in British history to be held in contempt by Parliament. The debate on the meaningful vote was pulled at the last minute. The Prime Minister has now wasted five weeks having achieved nothing—not a single word renegotiated; not a single reassurance gained. This last week has embodied the failure, chaos and indecision at the heart of the Government’s shambolic handling of Brexit. Today, they have been dragged kicking and screaming to announce a date to restart the debate. It is—[Interruption.]

[Mr Speaker]

Order. Mr Ellis, you are a distinguished ornament of a Government Department—a representative of the Executive branch. Be good, man; you can do so much better when you try.

[Jeremy Corbyn]

It is disgraceful that a month will have been wasted since we were due to vote on 11 December. There can be no further attempt to dodge the accountability of Government to this Parliament.

--- Later in debate ---

[Mr Speaker]

Order. I am not having the right hon. Gentleman shouted down. I say very gently to a Government Whip, do not stand near the Chair and shout at your colleagues. If you are going to do that, leave the Chamber and we will manage perfectly adequately without you.

[Mr Mitchell]

Does my right hon. Friend not think it would be wiser to seek an extension to article 50, rather than to leave with no deal?

--- Later in debate ---

[Ms Marie Rimmer (St Helens South and Whiston) (Lab)]

I know why my constituents voted the way they did. It was 58:42. They blamed Europe for the loss of our jobs in manufacturing as a result of the economy going towards finance. Thirty-four of the 43 local authorities are still 13% behind on wages from 2010 and have not recovered. That is why people voted. They have listened to what has been said, but you are not giving them a chance to vote on this offer. Your deal is terrible. It is not a good deal and we will be worse off. The same goes for no deal. Give us a choice. We should have a choice to vote in the House today on your offer.

[Mr Speaker]

Order. I have not made any offer.

[Wes Streeting (Ilford North) (Lab)]

Yours would be better.

--- Later in debate ---

[Mr Speaker]

That is a matter for debate but not a matter for me. The Prime Minister can defend her offer, and I am sure she will.

[The Prime Minister]

Thank you, Mr Speaker.

I say to the hon. Lady that the House will have a choice when the meaningful vote is brought forward on whether or not it accepts the deal that is on the table, and on what it wants in future. That choice will be available, just as the choice was available to her constituents, mine and others up and down the country in 2016 to decide whether or not to stay in the EU.