Article 50 Extension Procedure

John Bercow Excerpts

Monday 18th March 2019 Commons Chamber

[Peter Grant (Glenrothes) (SNP)]

I commend the right hon. Member for Putney (Justine Greening) for submitting the urgent question, and I thank you, Mr Speaker, for granting it.

Last week, the House voted by a sizeable majority to rule out any possibility of our leaving the EU without a deal. If the Government, by prevarication or otherwise, cause us to crash out without a deal, that will surely be the greatest case of contempt of Parliament in the history of not just this but any Parliament. The Government have 11 days left in which to take the action that they must take to prevent that from happening. When no deal was ruled out last Tuesday, there were 17 days left, so the Government have used more than a third of their time doing precisely nothing. The Minister was full of promises about what they intended to do, but could give no answers about what they had done to seek and secure that extension.

Let us consider the options that we now have. The Minister must accept—I hope that he will accept—that the Prime Minister’s current deal is not coming back. It is finished, and the Government must come forward with another solution. If they do not—given that the House has clearly rejected the threat of being forced out without a deal—and if they cannot sort this out within 11 days, the only option is for them to revoke article 50.

In a written statement on 15 March, the Prime Minister said:

“In accordance with the motion the House approved on Thursday 14 March 2019 the Government will now seek to agree an extension with the EU.”

Why did the Government not start to do that when the Prime Minister made her statement? What was the purpose of delaying for the best part of a week, a third of the available time for the disaster to be averted? Will the Minister vote for the statutory instrument that he mentioned to extend article 50—given that he has already voted against that—or will he follow the Prime Minister and the Secretary of State into the book of shame that lists the names of those who speak in favour of a measure at the Dispatch Box and then vote against it?

Last Tuesday, the Attorney General published his legal opinion, and within hours we were being told by an hon. Member that the Attorney General had extended that advice. Can the Minister tell us whether the Attorney General has amended, extended, reviewed, revised or in any way changed the legal opinion that he published last week? If so, why has Parliament not been notified—or is all the talk about the Vienna convention just a fantasy, an attempt to bring on board reluctant Members to vote for a deal that we now know is dead in the water?

Yesterday, the Prime Minister tweeted that we should all be

“pragmatically making the honourable compromises necessary to heal division and move forward”.

Does the Minister recall that the Scottish Government put forward an honourable compromise in December 2016 that would have prevented this mess and that his Government rejected it out of hand? Why does the Prime Minister not practise what she preached in her tweet yesterday? Why do the Government not now accept that they cannot give the answer themselves and that they must talk to other parties to get us out of this disastrous mess?

[Mr Speaker]

Order. I have the greatest possible fondness for the hon. Gentleman, and I hope that he will not take it amiss if I say that while I greatly enjoyed listening to his dulcet tones, he did exceed his allotted time: indeed, he took three times his allotted time. I savoured every word, but he did exceed it. It was supposed to be a minute, and he took three.

[Kwasi Kwarteng]

The hon. Gentleman produced a whole battery of questions. He asked why we had not sought an extension. The European Council will start on Thursday; at that point a letter will be sent, and we will seek an extension. He also asked about the statutory instrument and what my vote would be. Perhaps I am part of a tiny minority in the House, but I still think that there is room for a vote on the deal. I think that that may happen, and I do not want to prejudge the situation.

[Mr Francois]

Given that the European Council is only three days away, may I ask the Minister three questions? First, how long an extension will we ask for, or has Olly Robbins not yet told the Cabinet? Secondly, what is the purpose of the extension? Thirdly, will the statutory instrument be debated on the Floor of the House, rather than upstairs in Committee, and will the Government allocate a whole day for the debate?

You chair the House of Commons Commission, Mr Speaker, and today is D minus 11. If, as a result of these historic events, we do leave the European Union at 11 pm on 29 March, will you, Sir, use your influence with the House of Commons authorities to ensure that Big Ben chimes at 11 pm, so that we can celebrate our freedom?

[Mr Speaker]

I shall take the last part of the right hon. Gentleman’s question as rhetorical. I do not want to rehearse that particular matter. Suffice it to say that—as the right hon. Gentleman may know, but may not—the idea was canvassed in the House of Commons Commission, but did not enjoy support beyond, if memory serves me, one person, who was perfectly entitled to that view. I am not knocking the person who expressed it, but it was not more widely shared. I absolutely admit that if the right hon. Gentleman were himself a member of the Commission, the support for it would obviously have doubled.

[Kwasi Kwarteng]

My right hon. Friend asked, essentially, two questions. He asked how long the extension would be. That depends on whether the meaningful vote goes through. If we have a deal and if the deal goes through, we will ask for a short extension. If, for whatever reason, the vote does not happen, or is frustrated, or the deal is voted down, we will probably ask for a long extension. [Hon. Members: “How long?”] That would be a matter for the EU, and for our Government, to decide.

My right hon. Friend’s second question was about the statutory instrument. As a former Whip, he will know that such matters are for the usual channels—for the business managers in the House. I am sure that we will have further clarification later in the week.

--- Later in debate ---

[Kwasi Kwarteng]

I must say that, being relatively new to the Government Front Bench, it is a new experience for me to be utterly patronised by a former right hon. Friend, and with respect, Mr Speaker, I will answer the questions in the way I see fit. [Interruption.] If that does not satisfy the right hon. Lady—[Interruption.]

[Mr Speaker]

Order. There is a very high octane atmosphere. The right hon. Lady’s question was entirely in order—I would have ruled it out of order if it were not—but equally I say, with great respect to the Minister, that the Minister’s answer must be heard.

[Kwasi Kwarteng]

Thank you.

As I have said on numerous occasions in response to questions from the right hon. Lady and others, we have a choice: if we accept the deal, we can ask for a short extension to get through—[Interruption.] She perfectly accepts that; I thank the right hon. Lady. With regard to the longer extension, that is something we have not yet asked for, and when we do so, there will be a debate about the SI that will extend it for next week, and there will be—[Interruption.] I refuse to be patronised by the right hon. Lady and say there will be ample opportunity, as she well knows, to debate the extension of the SI next week.

--- Later in debate ---

[Kate Hoey (Vauxhall) (Lab)]

Two things are very clear today. One is that our country is being humiliated by the European Union—[Interruption.]

[Mr Speaker]

Order. I apologise for interrupting the hon. Lady, but the House must try to calm itself. In particular, the hon. Lady must be heard—and however many times her question needs to be put, it will be heard.

[Kate Hoey]

I was going to add, Mr Speaker, that that humiliation is being helped by some people in this House.

The second thing that is so true today is that any extension of article 50 will be seen as, and is, a betrayal of the referendum vote. When the Prime Minister goes to the Council this week, will she go cap in hand, as she seems to have done, and ask for more for the agreement—for some changes? Or will she go and say very clearly, “This deal has not been accepted by Parliament, so therefore we are leaving, as Parliament voted, on 29 March”?

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

The hon. Member for Corby (Tom Pursglove) wanted to ask a question, but he is now feverishly writing with his pen. I know that he will know in his head exactly what he wants to ask.

[Tom Pursglove (Corby) (Con)]

Thank you, Mr Speaker. If this agreement is not passed by 29 March, what does the Minister think will be any different on 29 April, 29 May or 29 June? If it cannot be agreed, should we not just simply leave on 29 March?

--- Later in debate ---

[Mark Pritchard (The Wrekin) (Con)]

rose—

[Mr Speaker]

What an unenviable choice between two very fine Members of Parliament! C comes before p in the alphabet; on that basis alone, I call Mr Alex Chalk.

[Alex Chalk]

The Minister indicated that the basis for the extension will be determined following a debate in this House next week. That is the week beginning 25 March, and we are leaving on Friday 29 March. How can we be satisfied that there is sufficient time for the debate to take place, the application to be made and for it to be approved or otherwise in that time?