European Union (Withdrawal) Act

John Bercow Excerpts

Tuesday 15th January 2019 Commons Chamber

That this House approves for the purposes of section 13(1)(b) of the European Union (Withdrawal) Act 2018, the negotiated withdrawal agreement laid before the House on Monday 26 November 2018 with the title ‘Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community’ and the framework for the future relationship laid before the House on Monday 26 November 2018 with the title ‘Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom’.

[Mr Speaker]

Under the order of 4 December, as varied on 9 January, I am now permitted to select amendments. I have provisionally selected the following four amendments: (a), in the name of the Leader of the Opposition, Jeremy Corbyn; (k), in the name of the right hon. Member for Ross, Skye and Lochaber (Ian Blackford); (b), in the name of the right hon. Member for Gainsborough (Sir Edward Leigh); and (f), in the name of the hon. Member for Basildon and Billericay (Mr Baron). If amendment (b) is agreed to, amendment (f) falls. Reference may be made in debate to any of the amendments on the Order Paper, including those which I have not selected.

For the benefit of Members and those observing our proceedings, let me set out concisely what will happen at the end of today’s debate. This will be of interest to Members of the House and, I think, to those beyond the Chamber, whether within the Palace of Westminster or further afield, attending to our proceedings. At 7 o’clock, I shall first invite the Leader of the Opposition to move his amendment. If it is agreed to, I will then put to the House the original question, as amended. If it is disagreed to, I shall invite the right hon. Member for Ross, Skye and Lochaber to move his amendment. If that is agreed to, I will then put to the House the original question, as amended. If it is disagreed to, I shall invite the right hon. Member for Gainsborough to move his amendment. If that is agreed to, I will then put to the House the original question, as amended. If it is disagreed to, I shall then invite the hon. Member for Basildon and Billericay to move his amendment. If that is agreed to, I will then put to the House the original question, as amended. If it is disagreed to, I will then put to the House the original question in the name of the Prime Minister.

That having been explained, I invite the Attorney General, Sir Geoffrey Cox, to open today’s debate.

[The Attorney General (Mr Geoffrey Cox)]

I am extremely obliged to you for promoting me, Mr Speaker. Perhaps I can take that as a hint to my right hon. Friend the Prime Minister.

[Mr Speaker]

That was of course always part of the intention.

[The Attorney General]

I will suggest the next office you could perhaps promote me to, Mr Speaker.

I am more than conscious that last time I had a prolonged outing in this House the verdict did not go well. [Laughter.] On this occasion, I intend, if I may, to adopt an approach that I hope will be more to the House’s taste. I want to listen to the House’s views, and I shall be as accommodating as possible to the interventions of Members of this House, knowing as I do that many of them have very strong views upon this subject.

I have listened with care to the speeches of Members of this House during the course of last week’s proceedings, and I have been struck by the heartfelt and eloquent expressions of principled opinion that hon. Members have made. I was particularly struck, though I do not think he is in his place this morning, by the speech late last night—I commend you, Mr Speaker, and those who remained here until after 1 o’clock in the morning to complete yesterday’s proceedings—by the hon. Member for Gedling (Vernon Coaker). He waited, I think, until midnight or shortly thereafter to begin his speech, and made the most passionate appeal to Members of this House to understand the value of compromise. He told the House that the membership of this place confers on us not only the great privilege of participation in the Government but the responsibilities that go with it.

In the past, when this country has faced these kinds of grave obstacles and impediments to finding a way forward, Members of this place have found the resource within themselves to achieve a compromise and to subordinate their ideal preference—the solution that they would like to see—to that which commands a degree of consensus. It is precisely for that reason that I support the withdrawal agreement—not because I like every element of it but for wholly pragmatic reasons: it is the necessary means to secure our orderly departure and unlock our future outside the European Union.

Since 23 June 2016, we have been on a road that has led us ineluctably to this point. One after another, this House has taken the steps, often by overwhelming majorities, necessary to bring us to the brink of departure, and there are now but two steps to take. The first is this withdrawal agreement. It is the first of the two keys that will unlock our future outside the European Union. It is sometimes said in various circles, I understand, Mr Speaker, that if you are moving from one pressurised atmosphere or environment to another, it is necessary to have an airlock. This withdrawal agreement is the first key that will unlock the airlock and take us into the next stage, where the second key will be the permanent relationship treaty.

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[The Attorney General]

I am willing to discuss it with the hon. Gentleman later.

[Mr Speaker]

Order. The hon. Member for Kilmarnock and Loudoun (Alan Brown) is rather excitable today. The Attorney General yields to none in his courtesy in the House, but it is not reasonable to expect of him, even with his formidable intellect, the capacity to try to respond to an intervention that he has not heard when he is dealing with one that he has.

[The Attorney General]

I am happy to discuss the matter with the hon. Gentleman afterwards if he wishes.

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[The Attorney General]

I cannot resist giving way to the hon. Gentleman.

[Mr Speaker]

The Attorney General, as per usual, is addressing the House with a remarkable combination of the intellect of Einstein and the eloquence of Demosthenes. We are all enjoying it enormously— [Interruption.] Well, I am certainly enjoying it, but I hope he will not cavil if I gently remind him that 71 Members wish to contribute. I know he will tailor his contribution to take account of that important fact.

[Chris Bryant]

The Attorney General is making a good point, which a lot of us agree with—legal uncertainty is the worst possible outcome. That is why some of us are so angry that the vote was taken away from us in December. There is not a single chance of the Government getting the necessary legislation through by 29 March, even if the Attorney General were to get his way today. Can he confirm that if the vote is not won tonight, the Government will have to defer leaving the European Union on 29 March?

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[The Attorney General]

I wonder whether I might take the intervention of the hon. and learned Lady.

[Mr Speaker]

Order. In terms of good form, it is the norm for the Minister occupying the Bench or the Member making the speech to offer some response before taking a further intervention. It may be a perfunctory response, but that is the norm.

[The Attorney General]

I apologise, Mr Speaker. I wanted to take the interventions together. If the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) is referring, in relation to Northern Ireland, to the quota that is to be agreed by the Joint Committee for landing—

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[Lady Hermon (North Down) (Ind)]

On a previous occasion, in early December, in what I thought was a magnificent performance, Attorney General, you used a very striking description of the backstop. You described the backstop as an “instrument of pain”—

[Mr Speaker]

I did not.

[Lady Hermon]

You are quite right, Mr Speaker. The Attorney General described the backstop as an instrument of pain. He said it was

“as much an instrument of pain to the European Union as…to the United Kingdom.”—[Official Report, 3 December 2018; Vol. 650, c. 555.]

That is very strong language indeed—an “instrument of pain” for the European Union. Will the Attorney General take some time to explain that in detail? I think that would be very helpful.

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[The Attorney General]

I must make progress.

I say to my hon. Friends, as I say to Opposition Members, the EU will have to set up entirely different legal and administrative systems in order to set up the customs union that is enshrined within the backstop, yet Britain will pay not one penny of contribution to those complex administrative and technical systems which the EU will, on their side alone, have to finance. How long does the House really think that the EU would wish to go on paying for a bespoke arrangement in which they are paying tens of millions of euros to sustain a customs union that is simply on their own admission a temporary arrangement?

But even if that was wrong, there are the regulatory provisions under the backstop. They are standard non-regression clauses. They exist in free trade agreements all around the world. They provide us with the ability, if we wish to take it, of being flexible about the means by which we achieve the outcomes because all they do is require us to maintain parity of standards with the position we had when we left the European Union. Therefore, it does give us regulatory flexibility if we wish to avail ourselves of it and the European Union is faced with not a penny being paid, with tariff-free access to the customs union, with not having to obey the regulatory law—

[Mr Speaker]

Order. I have been tolerant thus far and I enjoy enormously the performances of the right hon. and learned Gentleman, but this perambulation is very uncommon and irregular. The right hon. and learned Gentleman must face the House. We want to see him and to get directly the benefit of his mellifluous tones.

[The Attorney General]

You upbraid me entirely justly, Mr Speaker, and I apologise.

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[Stephen Doughty]

On a point of order, Mr Speaker.

[Mr Speaker]

I hope it is a point of order and not a point of frustration. I await it with bated breath.

[Stephen Doughty]

It is a point of inquiry, Mr Speaker. You will be aware that the Attorney General has now spoken for 49 minutes. I understand that a substantial number of colleagues wish to speak today. Can you tell us how many colleagues are waiting to speak and the approximate time people will get?

[Mr Speaker]

The hon. Gentleman is, as always, trying to be helpful, although it was really a point of frustration. The fact is, as I have previously advised the House, that no fewer than 71 hon. and right hon. Members are seeking to catch my eye. There are notable constraints to which I do not wish to add, but of which I feel sure the Attorney General will take account.

[The Attorney General]

I set myself a clear time limit, but I am anxious—[Interruption.] You really cannot win. I am trying to take as many interventions as I can, and I will take that of the hon. Member for Streatham (Chuka Umunna).

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[The Attorney General]

The hon. Lady can eliminate a no deal today; all she has to do is to vote for this one. In reality, it is the height of irresponsibility for the Labour party, which claims to be a party of Government, to plunge millions of our citizens into legal uncertainty of that type because of a factitious, trumped-up basis of opposition, whereas the real strategy is to drive this Government and this House on to the rocks, and to create the maximum chaos and the conditions for a general election—[Interruption.] We know the game, I say—[Interruption.] It is as clear as day—[Interruption.]

[Mr Speaker]

Order. Zen—the House must calm itself. It is an early stage of our proceedings.

[The Attorney General]

I say to the House with the greatest respect, we must seize this opportunity now. This is the key—the first of two—by which we unlock our future outside the European Union. I believe that it is an exciting future. I believe that the opportunity for this House to hold the pen on 40% of our laws, from the environment through to agriculture and fishing, should excite us as an opportunity to do good in this country.

Let us not forget, however, that many outside this House as well as in it wish to frustrate the great end to which the people of this country committed us on 23 June 2016—17.4 million of them in hundreds of constituencies, regardless of party, voted to part company with a political structure that no longer commanded their assent. We should be deeply grateful, because in other ages and other places, such a moment could only have been achieved by means that all of us present would deplore—but we should not underestimate the significance of the moment because it was expressed peacefully by the ballot.

If we approve this agreement, we know that we shall leave the EU on 29 March in an orderly way, and can commence negotiation of the permanent treaties. This agreement and the accompanying political declaration are the two keys that unlock the demand of the electorate that we should repatriate control over vast areas of our laws that hitherto have been in the exclusive legislative competence of the EU. If we do not take that first step, history will judge us harshly, because we will be plunged into uncertainty.

If this vote fails today, those who wish to prevent our departure will seek to promote the conclusion that it is all too difficult and that the Government should ask the electorate to think again. That is why former Prime Ministers and their spin doctors, and all their great panjandrums of the past, are joining the chorus to condemn this deal, for they know that this deal is the key. There is no other. Destroy it—in some form or other, the only practicable deal—and the path to Brexit becomes shrouded in obscurity. If we should be so deceived as to permit that, when historians come to write of this moment, future ages would marvel that the huge repatriation of powers that this agreement entails—over immigration, fisheries, agriculture, the supremacy of our laws and courts—was rejected because somehow it did not seem enough and because of the Northern Ireland backstop.

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[Several hon. Members rose—]

[Mr Speaker]

Order. The first of the approximately 70 Members wishing to speak from the Back Benches is the Father of the House, Mr Kenneth Clarke.

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[Several hon. Members rose—]

[Mr Speaker]

On account of the level of demand I am afraid there has to be now a five-minute limit on Back-Bench speeches with immediate effect.

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[Several hon. Members rose—]

[Mr Speaker]

Order. There will now be a four-minute limit on each Back-Bench speech.

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[Several hon. Members rose—]

[Mr Speaker]

Order. After the hon. Member for Halton (Derek Twigg), who is the next speaker to be called, the time limit will have to be reduced to three minutes on account of the level of demand. It is a pleasure to welcome the hon. Gentleman back to the House: Mr Derek Twigg.

[Derek Twigg (Halton) (Lab)]

Over 57% of voters in Halton voted to leave the EU, and it is condescending and disrespectful to say that they did not know what they were doing. It was very clear: the overriding message I had from my constituents who voted to come out of the EU was that they wanted to end free movement of labour and take back control and have more control over our laws. Whether rightly or wrongly, people genuinely feel that is the right thing to do, and that to leave would lead to a better future for us out there. I also recognise that a large number of my constituents wanted to stay in, and like me, believe passionately that Brexit is not in the UK’s best interests, and we must also listen to their concerns. However, I made it clear at the 2017 general election that we must get on with Brexit and come up with the best possible deal.

It should surprise nobody to learn that this has proved difficult. The Prime Minister could have reached out to Parliament and the Opposition from an early stage but chose not to. She could also have reached out more to the country as a whole—to the public. She cannot command a majority, but acts as if she has one. She wanted to keep MPs at arm’s length. The Prime Minister must take a great deal of responsibility for the mess we are now in. I should add that I have had constituents, including those who voted to remain, complain to me about the arrogance and behaviour of the EU in the negotiations, so it is not just the Prime Minister who has a share of the blame. However, it is only now that the deal is in trouble that the Prime Minister has wanted to have discussions with a wider set of MPs, including Opposition MPs. The idea that we should just accept the first deal she puts to this House and not challenge it just smacks of the arrogance I referred to earlier. She expects that Parliament should just roll over and accept it, and then to try to use the threat of a no-deal Brexit just insults our intelligence, as we know there is not a majority for that in this House. I might add that the leave campaign said it wanted to see a negotiated settlement, so I do not believe there is a majority in this country for leaving the EU without an agreement.

With this deal we are neither fully in, nor fully out. We would have to abide by rules but with no say in what others will be making decisions on; while we look on, we would be rule takers. We would be a in weaker position than we are now. There are too many unresolved issues of great importance to our national interest here; the Prime Minster is asking us to take a big leap into the dark. Some 90% of constituents who have written to me or whom I have spoken to in recent weeks believe this is a bad deal—that is coming from both leavers and remainers. If this deal is rejected, it will send a strong message back to Brussels that we must find a better way forward and a better agreement, and that this Parliament will not be deterred from demanding a better deal. I will be voting against this deal, because it is bad for my constituents in Halton and bad for the UK as a whole. We have got to find a way forward. We have got to co-operate and work together in the national interest to find a solution that the people want. That means talking more to people, and getting across the issues and difficulties that we envisage, but we must have that co-operation in order that we can move this forward. There may be a number of ways of doing that, and having indicative votes is one thing that has been talked about during this debate. The fact is that we have to listen, co-operate and find a better way of moving this forward, because it cannot continue the way it is.

[Mr Speaker]

Thank you very much indeed. The three-minute limit now applies.

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[Several hon. Members rose—]

[Mr Speaker]

Order. A two-minute limit now applies.

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[Damien Moore (Southport) (Con)]

It is a pleasure to follow the hon. Member for Bury South (Mr Lewis) and an honour to be taking part in this debate at a crossroads in our history.

In 2016 the British people voted to leave the European Union, and the Government and this Parliament need to respect their wishes. I accept that there are passionate views on both sides, and I have always treated those with differing views with respect, but it is wrong to suggest that most people did not know what they were voting for. Many who espouse those views really think that the people of this country should not have been given that decision in the first place. It is my belief that those who are calling for a second referendum are seeking to damage our democracy, as no decision by the British people would mean anything any longer because once a decision was reached those who were unhappy would try to undo it, and that might go on again and again and again. Division is healthy in a democracy and in our political process, but a second referendum would take our country to breaking point and undermine the dignity in our democracy.

The withdrawal agreement does allow for some control to be taken back, and I respect the endeavours of the Prime Minister. She has made a major commitment to this; her perseverance is commendable and her diligence unquestionable. There is only one point I wish to make on this agreement and it relates to the Northern Ireland backstop. The inclusion of the backstop is perhaps the most potent aspect of this agreement, given that it poses a real threat to the integrity of our United Kingdom. Although some have tried to allay fears with optimism, more concerning are those who have displayed a parochial indifference that fails to recognise our role as United Kingdom Members of Parliament, acting in the interests of the whole United Kingdom. The British people did not vote to have the foundations of our nation undermined in any way—

[Mr Speaker]

Order. I call Jack Dromey.

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[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

I voted to leave, my constituents voted to leave, the country voted to leave and leave we must, but I say to my fellow Brexiteers in the House that we must accept that we are a majority in the country, but not in Parliament. Let me give an analogy: we are 10 players on a pitch playing a team of 11, and the odds are now even further stacked against us, since the referee has demonstrated that he is prepared to change the rules.

This deal is not perfect, and I am particularly concerned about the indefinite nature of the backstop, but the risk of not supporting it is that, as was demonstrated last week, Members will seek to water down even this Brexit or to stop it altogether. I will support the deal because once the withdrawal agreement is signed, the door to remain will shut firmly, and we can all come back together and focus on delivering the best future for the UK outside the EU.

[Mr Speaker]

I have not changed any rules of the debate. What I have done is chaired the debate from start to finish, facilitating every right hon. and hon. Member of every conceivable hue of opinion to have every opportunity to put his or her view. It is a point so blindingly obvious and so transparently fair that all reasonable people would, I think, accept it.

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[Alex Burghart (Brentwood and Ongar) (Con)]

There is a peculiar irony, is there not, Mr Speaker, in the fact that today marks the anniversary of Henry VIII styling himself the Supreme Head of the English Church in 1535? Five hundred years on, here we are arguing over the same questions of who rules, on what authority—[Interruption.]

[Mr Speaker]

Order. Stop the clock. [Interruption.] Order. There is a very unseemly atmosphere. The hon. Gentleman must and will be heard.

[Alex Burghart]

Thank you very much, Mr Speaker. Five hundred years on, we find ourselves still arguing about our relationship with Europe and about who rules. I have little confidence that, 500 years from now, we will have resolved these questions.

Tonight and in the weeks to come, the House has three choices it can make: there can be a deal; there can be no deal; or we can stay in the European Union. If it is not this deal, then it must be another deal. By all the rumours going around, that deal will be worse than the one on the table. It will keep us more closely aligned to the EU, and give us less say. In fact, it will be worse than staying in the EU.

Those people in the House who want to stay in the EU hide behind the idea of a second referendum. I say to hon. Members who think the first referendum was divisive that, goodness me, they have not seen anything yet. If those Members who want us to stay in the EU believe it, they should call on this House to have a vote to revoke article 50, but they will not do that.

The deal before us is what we have. This is a deal that, treated right and taken in the right direction, will give us control of our borders, our laws, our waters and our trading opportunities. We have had time enough to go over these issues. It is time now for the House to make a decision. I will vote for the deal for tonight, and let us move on.

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[Jeremy Corbyn (Islington North) (Lab)]

This has been a vitally important debate for the future of our country and our future relationship with the European Union, following the decision of the people in the 2016 referendum. The debate today is the culmination of one of the most chaotic and extraordinary parliamentary processes I have ever experienced in my 35 years as a Member of this House. Parliament has held the Government in contempt for the first time ever for failing to publish their legal advice. Then, for the first time in a generation or more, on 10 December the Government failed to move their own business in the House. The Government have been defeated on a vote on their own Finance Bill for the first time since the 1970s.

The Prime Minister opened the debate on her deal more than one month ago. The debate was due to end on 11 December, but she pulled it in a panic. As she conceded, the deal would have been rejected by a significant margin. She has run down the clock in a cynical attempt to strong-arm Members into backing her deal. Despite her promises, she has failed to negotiate any changes to her deal with Europe. No wonder the Prime Minister has suddenly discovered the importance of trade unions. She voted to clip their wings in the Trade Union Act 2016, and she has utterly failed to convince them that she has anything to offer Britain’s workforce. That is the heart of the matter: the Prime Minister has treated Brexit as a matter for the Conservative party, rather than for the good of the country.

But the Prime Minister has failed to win over even her own party. Many Conservative Members who voted remain are opposed to this deal, as are dozens of Conservative Members who voted leave. After losing her majority in the 2017 general election, the Prime Minister could have engaged with Members across the House. She could have listened to the voices of trade unions. If she had been listening, both businesses and trade unions would have told her that they wanted a comprehensive and permanent customs union to secure jobs and trade. The decision to rule out a new customs union with a British say and the lack of certainty in the deal risks business investment being deferred on an even greater scale, threatening jobs and threatening living standards. Even worse, it risks many companies relocating abroad, taking jobs and investment with them. Many workers know exactly that situation, because they face that reality now. Their jobs are at risk, and they know their jobs are at risk.

The First Ministers of Wales and Scotland have made clear to the Prime Minister their support for a customs union to protect jobs and the economy. This deal fails to provide any certainty about future trade. It fails to guarantee our participation in European agencies and initiatives. Losing that co-operation undermines our security, denies our citizens opportunity and damages our industries.

The withdrawal agreement is, in short, a reckless leap in the dark. It takes this country no closer to understanding our post-Brexit future, and neither does the future partnership document. Under this deal, in December 2020 we will be faced with a choice: either pay more and extend the transition period or lock us into the backstop. At that point, the UK would be over a barrel. We would have left the EU, have lost the UK rebate and be forced to pay whatever was demanded. Alternatively, the backstop would come into force—an arrangement for which there is no time limit or end point—locking Britain into a deal from which it cannot leave without the agreement of the EU. As my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) has pointed out on so many occasions, that is unprecedented in British history.

The past two years have given us no confidence that this Government can do a deal in under two years, so at some point before December 2020 the focus would inevitably shift from negotiations on the future relationship to negotiations on an extension to the transition period, including negotiations on what further payments we should make to the European Union. The vague partnership document says that it

“can lead to a spectrum of different outcomes…as well as checks and controls”.

That does not show to me any clarity whatsoever in that document. There is not even any mention of the famed frictionless trade which was promised in the Chequers proposals. The former Brexit Secretary—that is, one of the former Brexit Secretaries—promised a “detailed”, “precise” and “substantive” document. The Government spectacularly failed to deliver it.

I can confirm this: Labour will vote against this deal tonight, and Labour will vote against it because it is a bad deal for this country. As we have heard over the past week, Members in all parties, including many in the Conservative party, will join us in rejecting this botched and damaging deal.

I welcome the fact that there is a clear majority to reject any no-deal outcome. The amendment to the Finance Bill last week demonstrated the will of the House on rejecting the danger—and it is a danger—of a no-deal outcome that would cause such chaos to so many people across this country.

But it is not enough for the House to vote against the deal before us, and against no deal; we also have to be for something. [Hon. Members: “Ah!] So, Mr Speaker—[Interruption.] So in the coming days, it is vital that this House has the opportunity to debate and vote on the way forward, to consider all the options available. The overwhelming majority of the House voted to respect the result of the referendum and therefore voted to trigger article 50. So I say this to our negotiating partners in the European Union: if Parliament votes down this deal, reopening negotiations should not and cannot be ruled out.

We understand why after two frustrating years of negotiations, the European Union might want this resolved, but this Parliament, our Parliament here, has only one duty, to represent the interests of the people of this country—and the deal negotiated by the Government does not meet the needs of the people of this country.

The people of Britain include many EU nationals who have made their lives here. These people have contributed to our country, to our economy and to our public services, including our national health service. They are now anxious, and have no faith in this Government to manage the process of settled status fairly or efficiently, and the early pilots of the scheme are very far from encouraging.

The Prime Minister claimed that this is a good deal, and so confident was she of that that she refused to publish the Government’s legal advice, but her Government’s own economic assessment clearly tells us that it is a bad deal. It is a product of two years of botched negotiations, in which the Government spent more time arguing with themselves, in their own Cabinet, than they did negotiating with the European Union.

It is not only on Brexit that the Government have failed. Under this Government, more people are living in poverty, including—[Interruption.] I am talking about the half a million more children who have fallen into poverty while this Government have been in office. I am also talking of those who have been forced into rough sleeping and homelessness, which have risen every year. Too many people are stuck in low-paid and insecure work. Too many people are struggling to make ends meet and falling deeper and deeper into personal debt on credit cards and with loan sharks. Nothing in this Brexit deal and nothing on offer from this Government will solve that. That is why Labour believes that a general election would be the best outcome for the country, if this deal is rejected tonight.

We need to keep in mind that the vast majority of the people of this country do not think of themselves as remainers or leavers. Whether they voted leave or remain two and a half years ago, they are all concerned about their future, and it is their concerns that the House must be able to answer and meet. I hope that tonight the House votes down this deal and we then move to a general election, so that the people—[Interruption.]

[Mr Speaker]

Order. Nobody is going to shout the right hon. Gentleman down, just as nobody will shout the Prime Minister down. All they are doing by causing me to intervene is taking time away. It is not necessary, rather foolish and thoroughly counter-productive.

[Jeremy Corbyn]

The people need to be able to take back control, and a general election would give them the opportunity to decide who their MPs were, who their Government were, and who would negotiate on their behalf. It would give a new Government the mandate that is needed to break the deadlock that has been brought to the House by this Government.

I ask this of the House: vote against this deal. We have had a very long and detailed debate. More hon. Members have spoken in this debate than almost any other debate I can remember, and they have given a heartfelt analysis of the deal. A very large number have explained why they will vote against this deal. Quite simply, this deal is bad for our economy, a bad deal for our democracy and a bad deal for this country. I ask the House to do the right thing tonight: reject this deal because of the harm it would do, and show that we as MPs are speaking up for the people we represent, who recognise that the deal is dangerous for this country, bad for them, their living standards and our collective future.

[The Prime Minister (Mrs Theresa May)]

This debate has lasted some eight days, over 54 hours, with speeches of powerful sincerity from more than 200 right hon. and hon. Members. It has been historic for our Parliament and for our country. We have heard contributions from every perspective, looking at all aspects of this complex and vital question. We have seen the House at its most passionate and vigorous, and I thank everyone who has contributed. No one watching this debate can be in any doubt about the strength of this House of Commons as the fulcrum of our democracy.

This is a debate about our economy and security, the livelihoods of our constituents and the future for our children and the generations to come. It goes to the heart of our constitution, and no one should forget that it is a democratic process that has got us to where we are today. In 2015, my party stood on an election manifesto that had as a centrepiece the promise of an in/out referendum on the UK’s membership of the European Union. The British people responded by electing a Conservative Government to follow through on that promise, and that is what we did when this House voted overwhelmingly to hold the referendum and put the choice in the hands of the British people. Indeed, 470 current Members voted in favour of it, and only 32 opposed it.

That campaign was keenly fought. It caught the public imagination like few campaigns before it. The turnout was 72%—higher than for any national poll for a quarter of a century—and while not overwhelming, the result was clear and it was decisive. That was something that this House accepted when we voted overwhelmingly to trigger article 50, with 436 current Members voting to do so and only 85 opposed. Parliament gave the people a choice. We set the clock ticking on our departure, and tonight we will determine whether we move forward with a withdrawal agreement that honours the vote and sets us on course for a better future. The responsibility of each and every one of us at this moment is profound, for this is an historic decision that will set the future of our country for generations.

So, what are the alternatives that present themselves? First, we could decide that it is all too difficult and give up, either by revoking article 50 or by passing the buck back to the British people in a second referendum. But I believe we have a duty to deliver on the democratic decision of the British people, and to do so in a way that brings our country together. A second referendum would lead instead to further division. There would be no agreement to the question, let alone the answer. It would say to the people we were elected to serve that we were unwilling to do what they had instructed.

The second possible outcome is that we leave on 29 March without a deal, but I do not believe that that is what the British people voted for, because they were told that, if they voted to leave, they could still expect a good trading relationship with the European Union. Neither would it be the best outcome. Our deal delivers certainty for businesses, with a time-limited implementation period to prepare for the new arrangements of the future relationship. No deal means no implementation period. Our deal protects the rights of EU citizens living in the UK, and of UK citizens living in the EU, so that they can carry on their lives as before. No deal means no reciprocal agreement to protect those citizens’ rights. Our deal delivers the deepest security partnership in the EU’s history, so that our police and security services can continue to work together with their European partners to keep all our people safe. No deal means no such security partnership. Our deal delivers the foundations for an unprecedented economic relationship with the EU that is more ambitious—[Interruption.]

[Mr Speaker]

Order. I said earlier that this was becoming a rather noisy and unseemly atmosphere, and that has now resumed. It must stop. The Prime Minister must be heard.

[The Prime Minister]

Our deal delivers the foundations for an unprecedented economic relationship with the EU that is more ambitious than anything it has ever entered into with a third country. It will give us the benefits of trading with the European Union and the ability to forge new trade deals in our own right. No deal means those new trade deals come at the expense of a trade deal with Europe, not in addition to it. So, while it is categorically wrong to suggest that our country could not ultimately make a success of no deal, it is equally wrong to suggest that this is the best outcome.

Thirdly, there is the path advocated by the Leader of the Opposition of calling a general election, and we have heard it again tonight. But today’s vote is not about what is best for the Leader of the Opposition; it is about what is best for the country. At the end of a general election, whatever the result, the choices facing us will not have changed. It will still be no Brexit, leaving with no deal, or leaving with a deal. There is no guarantee that an election would make the parliamentary arithmetic any easier. All it would gain is two more months of uncertainty and division. In 2017, the two main parties both stood on manifestos that pledged to deliver the result of the referendum, and they got over 80% of the vote. People had the opportunity to vote for a second referendum by supporting the Liberal Democrats, but just 7% of voters did so. It is the job of Parliament to deliver on the promises made at the last election, not to seek a new one.

Some suggest that there is a fourth option: to agree that we should leave with a deal on 29 March, but to vote this deal down in the hope of going back to Brussels and negotiating an alternative deal. However, no such alternative deal exists. The political declaration sets the framework for the future relationship, and the next phase of the negotiations will be our chance to shape that relationship, but we cannot begin those talks unless or until we agree the terms of our withdrawal. The European Union will not agree to any other deal for that withdrawal.

Having ruled out all those options, we are left with one: to vote for this deal tonight. It is one that delivers on the core tenets of Brexit—taking back control of our borders, laws, money, trade and fisheries—but in a way that protects jobs, ensures our security and honours the integrity of our United Kingdom. It strikes a fair balance between the hopes and desires of all our fellow citizens—those who voted to leave and those who voted to stay in—and if we leave with the deal that I am proposing, I believe that we can lay the foundations on which to build a better Britain.

As Prime Minister, I would not stand at this Dispatch Box and recommend a course of action that I do not believe is in the best interests of our country and our future. There are differences in this House today, but I believe that we can come together as we go forwards. Let me reassure anyone who is in any doubt whatsoever that the Government will work harder at taking Parliament with us, and as we move on to the next phase of the negotiations we will be looking to work with Parliament to seek that consensus.

[The Prime Minister]

I thank my right hon. Friend for his question and for the work he has been doing to try to find a way through on this issue. I know that he has spent a long time consulting with international lawyers. The Government are unable to accept my right hon. Friend’s amendment, which has been selected, because we have a different opinion and a different interpretation of the Vienna convention. However, I note that he has put down alternative proposals relating to this issue, and the Government are willing to look at creative solutions and will be happy to carry on working with my right hon. Friend.

Turning to the Northern Ireland protocol—[Interruption.]

[Mr Speaker]

Order. The House must calm itself—zen, restraint, patience—and hear the Prime Minister.

[The Prime Minister]

I set out the Government’s position in detail in my statement yesterday, so I am not going to go over it again. The key thing to remember is that this is not a commitment we are making to the European Union; it is a commitment to the people of Northern Ireland and Ireland that they will be able to carry on living their lives as they do today. It is about saying that, whatever happens when we leave the EU, we will honour the Belfast agreement.

The Belfast agreement’s success has been built on allowing people from both communities in Northern Ireland to feel that their identities are respected under the principle of consent. For many people in Northern Ireland that means having a seamless land border between the UK and Ireland, which is also essential for their economy. For others, it means fully respecting the fact that Northern Ireland is an intrinsic part of the United Kingdom. No one wants to see the return of a hard border. As a proud Unionist, I share the concerns of Members who are determined that we do not undermine the strength of our United Kingdom, but it is not enough simply to make these assertions. We have to put in place arrangements that deliver those ends, and it is not as simple as some would like it to be.

As Prime Minister for the whole UK, it is my duty to provide a solution that works for the people of Northern Ireland. The answer lies in agreeing our future economic relationship, but we need an insurance policy to guarantee that there will be no hard border if that future relationship is not in place by the end of the implementation period.

--- Later in debate ---

The Speaker put the Questions necessary for the disposal of the business to be concluded at that time (Orders, 4 December and 9 January).

[Mr Speaker]

As I explained the sequence earlier, it should now be familiar to colleagues. I begin by inviting the Leader of the Opposition to move amendment (a).

[Jeremy Corbyn]

Not moved, Mr Speaker.

[Mr Speaker]

I turn now to amendment (k), in the name of the right hon. Member for Ross, Skye and Lochaber (Ian Blackford).

[Ian Blackford]

Not moved, Mr Speaker.

[Mr Speaker]

I call on the right hon. Member for Gainsborough (Sir Edward Leigh), to move, if he so wishes, amendment (b).

[Sir Edward Leigh]

In view of the positive response from the Prime Minister, Mr Speaker, not moved.

[Mr Speaker]

Finally, I invite the hon. Member for Basildon and Billericay (Mr Baron) to move amendment (f).

Amendment proposed: (f): at end, add

“subject to changes being made in the Withdrawal Agreement and in the Ireland/Northern Ireland Protocol so that the UK has the right to terminate the Protocol without having to secure the agreement of the EU.”—(Mr Baron.)

Question put, That the amendment be made.

--- Later in debate ---

[The Prime Minister (Mrs Theresa May)]

On a point of order, Mr Speaker. The House has spoken and the Government will listen. It is clear that the House does not support this deal, but tonight’s vote tells us nothing about what it does support; nothing about how, or even if, it intends to honour the decision the British people took in a referendum that Parliament decided to hold. People, particularly EU citizens who have made their home here and UK citizens living in the EU, deserve clarity on these questions as soon as possible. [Interruption.]

[Mr Speaker]

Order. It is no good people shouting. There will be an opportunity for other points of order, but the Prime Minister must and will be heard.

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

I will come to other colleagues, but first of all a point of order from the Leader of the Opposition, Jeremy Corbyn.

[Jeremy Corbyn (Islington North) (Lab)]

Further to that point of order, Mr Speaker. The result of tonight’s vote is the greatest defeat for a Government in this House since the 1920s. This is a catastrophic defeat for this Government. After two years of failed negotiations, the House of Commons has delivered its verdict on the Prime Minister’s Brexit deal and that verdict is absolutely decisive.

I hear the words of the Prime Minister, but the actions of her Government over the past two years speak equally clearly. She is only attempting to reach out now to try to keep her failed process and deal alive after it has been so roundly rejected by Parliament on behalf of the people of this country. Labour has laid out its priorities consistently: no deal must be taken off the table; a permanent customs union must be secured; and people’s rights and protections must be guaranteed so they do not fall behind.

At every turn, the Prime Minister has closed the door on dialogue. Businesses begged her to negotiate a comprehensive customs union. Trade union leaders pressed her for the same thing. They were ignored. In the last two years, she has had only one priority: the Conservative party.

The Prime Minister’s governing principle of delay and denial has reached the end of the line. She cannot seriously believe that after two years of failure, she is capable of negotiating a good deal for the people of this country. The most important issue facing us is that the Government have lost the confidence of this House and this country. I therefore inform you, Mr Speaker, that I have now tabled a motion of no confidence in this Government, and I am pleased that that motion will be debated tomorrow so that this House can give its verdict on the sheer incompetence of this Government and pass that motion of no confidence in the Government.

[Several hon. Members rose—]

[Mr Speaker]

I will come to the right hon. Member for Ross, Skye and Lochaber (Ian Blackford), but first, a point of order from the Leader of the House.

[The Leader of the House of Commons (Andrea Leadsom)]

With permission, Mr Speaker, I would like to make a short business statement regarding the business for tomorrow and the remainder of this week—

[Mr Speaker]

I am extraordinarily grateful to the right hon. Lady. I accept that she cannot be psychic as to what I am thinking, and I cannot be psychic as to what she is thinking. The smooth and orderly way to proceed with this matter is to deal with points of order first and then to come to her statement, which would be entirely proper and doubtless helpful to the House.

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

Further to the Prime Minister’s point of order, Mr Speaker. We should be aware of the situation we are in. The clock is ticking and we have little time to resolve this. The fact that it has taken us so long to get to this point is frankly shameful. This is a humiliating defeat for the Government. When I listen to the Prime Minister, it sounds like everyone else is at fault rather than her. She has to accept responsibility for what has happened this evening.

I am delighted that the Leader of the Opposition has come round to a motion of no confidence. That should have happened before, but we will support it. As I mentioned, it is clear that the clock is ticking. The Government need to secure the safety of all our nations, and they should immediately postpone the article 50 process and immediately have talks with all the leaders of the Opposition parties. Let us work together in all our interests, but let us listen to the voices of the parliamentarians who have been sent here. There is no support for the deal. It must not come back again. The obvious and right thing to do is to suspend article 50 and put the matter to the people in a people’s vote.

[Mr Speaker]

I know the right hon. Gentleman will not take offence when I say that he was using the device of a point of order, as is entirely understandable in these circumstances, to say what he wanted to say, but he was more interested in what he had to say to the House than in anything I might have to say to him. It is not a matter for the Chair. He has registered his view, and these sorts of issues can be quite properly aired in debate and quite conceivably in discussions that take place with the Prime Minister and other party leaders. He has made his point with force and alacrity, and it is on the record for colleagues to study.

[Jo Swinson (East Dunbartonshire) (LD)]

Further to that point of order, Mr Speaker. This result is of a scale that is unprecedented in recent times, and it is clear that neither this deal, nor any tweaks to it, will get through the House of Commons. May I ask for your guidance on how Parliament can assert its authority to ensure that we can give the people of this country a say on the deal to resolve this matter? It is a mess that needs to be resolved by the people in a people’s vote.

[Mr Speaker]

My response to the hon. Lady is as follows. First, there may well be an opportunity for her to air her own thoughts on the situation we face and the suggested way forward in the course of debate. As the Prime Minister referred to in her point of order, that prospect is potentially unfolding. That is one opportunity for the hon. Lady.

The second would be the discussions to take place in coming days. I dare say that the hon. Lady will want to take the chance to participate in them. More widely, where there is discussion about Parliament’s role, what it might do and what options it might have, I think I can predict with complete confidence that the hon. Lady will have a view about that, and that view, which is important, will be heard.

[Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

On a point of order, Mr Speaker. The Prime Minister spoke about the will of Parliament, and we have to investigate that further. When can we test the will of this House on the choices that are now left—no deal versus revoking article 50? Can we test those in the House, bearing in mind that in Scotland the European Union is more popular in the polls than the United Kingdom, as the Prime Minister should know?

[Mr Speaker]

There will be plenty of opportunity for testing in the days ahead.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

On a point of order, Mr Speaker. This is not a political point of order. Yesterday, the issue of the hon. Member for Hampstead and Kilburn (Tulip Siddiq) was raised. She should have been undergoing a caesarean section today for a high-risk pregnancy—she is comfortable with me saying that she has gestational diabetes—and she was asked by her medical team to undergo it as an early possibility. She has had to defer it, Mr Speaker, despite your advice and comments from the Chair yesterday, which apparently were given no comfort from the Government Benches. That is shocking. I have to say, as a doctor, that to put our colleague and her baby at risk because we cannot have a method to allow for those who are sick or pregnant to vote is disgraceful.

[Mr Speaker]

I note what the hon. Lady says, and I do not cavil at it at all. I made the point yesterday that I thought the situation was lamentable—I used that word several times—[Interruption.] I am not interested in people chuntering from a sedentary position to no obvious benefit or purpose. I am ruling on a matter, and I require no assistance in the process of doing so.

The situation was lamentable. I thought that it would be better for the hon. Member for Hampstead and Kilburn (Tulip Siddiq) to have the opportunity of a proxy vote—that was my view, and it was a view widely shared. The matter was debated in February last year and in September, and I had indicated my strong support. It would have been necessary for a resolution to be tabled by the Leader of the House, but for reasons that others can explain—it is not my job to do their explaining for them—that has not happened. It is regrettable, but it cannot be sorted tonight.

Nevertheless, the hon. Member for Central Ayrshire (Dr Whitford) has registered her concern, and it is one that I share—with a sense of very deep disappointment, to put it mildly. It will doubtless be dealt with in the days or weeks to come. My great sympathies go to the hon. Member for Hampstead and Kilburn, who in my judgment should not have been put in this position.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

On a point of order, Mr Speaker. The Prime Minister has now said that she will listen to voices from right across this House. She has obviously had 30 months in which to do that, and it has led to this defeat for the Government tonight, which is the greatest for more than 100 years. We must all hope that she will indeed listen to voices from across the House, but we also all recognise that that will take time, and people, businesses, Government organisations and institutions will now be worried that only just over 70 days are left. The Prime Minister did not mention article 50—[Interruption.]

[Mr Speaker]

Order. People talk about respect in this House, but there is a Minister of the Crown shouting at the right hon. Lady. I say in the kindest way, he is normally a very genial fellow—stop it, you are capable of much better than that.

[Yvette Cooper]

Given the scale of the challenge, with the clock now really ticking down, the Prime Minister did not mention what will happen to article 50. Mr Speaker, will you advise the House on what we might be able to do to urge the Prime Minister, for the sake of businesses, jobs and people throughout the country, to seek an immediate extension of article 50 so that this can be sorted out?

[Mr Speaker]

The answer in the first instance is that those are matters that can be aired in debate tomorrow. It is not right for me, tonight, to give a ruling on what the right hon. Lady or others should or should not do. She will be aware of the presentation of a Bill that took place in the name of another Member, who I believe also has views on these matters. Those matters will, I am sure, be discussed in the days ahead, not merely in private meetings but, I feel certain, on the Floor of the House. Of one thing I am sure: that which Members wish to debate and which they determine shall be subject to a vote will be debated and voted upon. That seems to me to be so blindingly obvious that no sensible person would disagree with the proposition. If MPs want to debate and vote on a matter, that opportunity will, I am sure, unfold in the period ahead.

If there are no further points of order, and I do not think that we need any, it is right for us to hear the supplementary business statement by the Leader of the House.