European Council

John Bercow Excerpts

Monday 25th March 2019 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. Before the Council, I wrote to President Tusk to seek formal approval for the legally binding assurances on the Northern Ireland backstop and alternative arrangements agreed in Strasbourg on 11 March. I reported your statement, Mr Speaker, which made it clear that for a further meaningful vote to take place, the deal would have to be

“fundamentally different—not different in terms of wording, but different in terms of substance”.—[Official Report, 18 March 2019; Vol. 656, c. 782.]

I explained that, as a result, some right hon. and hon. Members were seeking further changes to the withdrawal agreement, and I requested a short extension to the article 50 process, to 30 June. I regret having to do so—I wanted to deliver Brexit on 29 March—but I am conscious of my duties as Prime Minister to all parts of our United Kingdom and of the damage to that Union that leaving without a deal could do when one part of it is without devolved government and unable, therefore, to prepare properly.

The Council formally endorsed the legal instrument relating to the withdrawal agreement and the joint statement supplementing the political declaration. This should increase the confidence of the House that the backstop is unlikely ever to be used, and would only be temporary if it is. But the Council also reiterated, once again, its long-standing position that there could be no reopening of the withdrawal agreement. So however the House decides to proceed this week, everyone should be absolutely clear that changing the withdrawal agreement is simply not an option.

Turning to extending article 50, this has always required the unanimous agreement of the other 27 member states. As I have made clear before, it was never guaranteed that the EU would agree to an extension—or the terms on which we requested it—and it did not. Instead, the Council agreed that if the House approves the withdrawal agreement this week, our departure will be extended to 11 pm on 22 May. This will allow time for Parliament to pass the withdrawal agreement Bill, which is legally necessary for the deal to be ratified. But if the House does not approve the withdrawal agreement this week, our departure will instead be extended only to 11 pm on 12 April. At this point, we would either leave with no deal, or we would

“indicate a way forward before this date for consideration by the European Council”.

If that involved a further extension, it would certainly mean participation in the European parliamentary elections.

The Council’s conclusions were subsequently turned into a legal decision, with which the UK agreed and which came into force last Friday. So although the Government have today laid a statutory instrument, which will be debated later this week, to reflect that decision in our own domestic legislation, the date for our departure from the EU has now changed in international law. Were the House not to pass the statutory instrument, it would cause legal confusion and damaging uncertainty, but it would not have any effect on the date of our exit.

I continue to believe that the right path forward is for the United Kingdom to leave the EU with a deal as soon as possible, which is now on 22 May, but it is with great regret that I have had to conclude that, as things stand, there is still not sufficient support in the House to bring back the deal for a third meaningful vote. I continue to have discussions with colleagues across the House to build support, so that we can bring the vote forward this week and guarantee Brexit. If we cannot, the Government have made a commitment that we would work across the House to find a majority on a way forward.

The amendment in the name of my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) seeks to provide for that process by taking control of the Order Paper. I continue to believe that doing so would set an unwelcome precedent, which would overturn the balance between our democratic institutions, so the Government will oppose the amendment this evening. But in order to fulfil our commitments to the House, we would seek to provide Government time in order for the process to proceed. It would be for the House to put forward options for consideration and to determine the procedure by which it wished to do so.

I must confess that I am sceptical about such a process of indicative votes. When we have tried this kind of thing in the past, it has produced contradictory outcomes or no outcome at all. There is a further risk when it comes to Brexit, as the UK is only one half of the equation and the votes could lead to an outcome that is unnegotiable with the EU. No Government could give a blank cheque to commit to an outcome without knowing what it is, so I cannot commit the Government to delivering the outcome of any votes held by the House, but I do commit to engaging constructively with the process.

There are many different views on the way forward, but I want to explain the options as I understand them. The default outcome continues to be to leave with no deal, but the House has previously expressed its opposition to that path, and may very well do so again this week. The alternative is to pursue a different form of Brexit or a second referendum, but the bottom line remains that if the House does not approve the withdrawal agreement this week and is not prepared to countenance leaving without a deal, we will have to seek a longer extension. This would entail the UK having to hold European elections, and it would mean that we will not have been able to guarantee Brexit. These are now choices that the House will have the opportunity to express its view on.

This is the first chance I have had to address the House since my remarks last Wednesday evening—[Interruption.]

[Mr Speaker]

Order. The House must calm itself. The Prime Minister is addressing the House and must be heard. Colleagues know, from the record, that they will have a full opportunity to question the Prime Minister.

[The Prime Minister]

I expressed my frustration with our collective failure to take a decision, but I know that many Members across the House are frustrated too, and we all have difficult jobs to do. People on all sides of the debate hold passionate views, and I respect those differences. I thank all those colleagues who have supported the deal so far, and those who have taken the time to meet with me to discuss their concerns.

I hope we can all agree that we are now at the moment of decision, and in doing so we must confront the reality of the hard choices before us: unless this House agrees to it, no deal will not happen; no Brexit must not happen; and a slow Brexit that extends article 50 beyond 22 May, forces the British people to take part in European elections, and gives up control of any of our borders, laws, money or trade is not a Brexit that will bring the British people together. I know that the deal I have put forward is a compromise—it seeks to deliver on the referendum and retain trust in our democracy, while also respecting the concerns of those who voted to remain—but if this House can back it, we could be out of the European Union in less than two months. There would no further extensions, no threat to Brexit and no risk of a no deal. That, I believe, is the way to deliver the Brexit that the British people voted for. I commend this statement to the House.

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[The Prime Minister]

The shadow Foreign Secretary shouts, “That’s not good enough.” Let us just think about this for a moment. First, we do not know which options will be tabled. Secondly, we do not know which amendments will be selected. But there is another important point: no one would want to support an option that contradicted the manifesto on which they stood for election to this House. The Chancellor of the Duchy of Lancaster will be opening the debate this afternoon, and will refer to the processes of the House that will be involved.

The right hon. Gentleman the Leader of the Opposition said that it was important that MPs were elected here to take responsibility and make decisions. But the MPs elected to the House at this time have a duty to respect the result of the referendum that took place in 2016. Attempts to stop the result of that referendum being put in place or to change the result of that referendum are not respecting the voters and they are not respecting our democracy.

Finally, the right hon. Gentleman mentioned the fact that a number of people had marched on the question of a second referendum. [Interruption.]

[Mr Speaker]

Order. The House is in a very agitated state, but we are at an early stage in the proceedings—calm.

[The Prime Minister]

The right hon. Gentleman referred to the fact that a march for a second referendum took place. It is, in fact, the right hon. Gentleman’s policy, and I noticed that his deputy went on the march. I thought that the right hon. Gentleman normally jumped at any opportunity to go on a march, but he was not actually there on this occasion; I can only assume that he was involved but not present.

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[The Prime Minister]

Throughout the debates we have had, one of the concerns that many people across the House have raised relates to the political declaration and the fact that it was not legal text. They were concerned to, if you like, tie it down further, which is what we did in our discussion with the European Union. I am sure my right hon. Friend has also seen the terms of the Council conclusions, but we have always worked to ensure that the political declaration could be firmed up—if one likes to describe it as such—to give greater confidence in that sort of future relationship.

[Mr Speaker]

It is very good indeed to see the right hon. Member for Wolverhampton South East (Mr McFadden) back in his place and manifestly in rude health.

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

Thank you very much, Mr Speaker.

Pitching Parliament against the people undermines parliamentary democracy and feeds the far right. Does the Prime Minister regret her use of words last Wednesday?

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[The Prime Minister]

What I have genuinely been trying to achieve through everything that I have been doing is ensuring that we respect the wishes of the people of Northern Ireland, and that we respect Northern Ireland’s position within the United Kingdom. It is the case, as I have said, that the remarks about the border have been made—I think I am right in saying—by the Taoiseach and others previously, and have then been contradicted by the European Commission in terms of what might be necessary. I merely say that the situation in relation to the European Union’s proposal is that it has been very clear about EU laws and the necessity of those laws being applied.

[Mr Speaker]

Order. I have no wish to distract Members from the importance of these matters, but there has been quite a lot of naughty behaviour this afternoon, including the behaviour of the right hon. Members for East Antrim (Sammy Wilson) and for Rayleigh and Wickford (Mr Francois) in repeatedly using the word “you”, which is unparliamentary. I am looking to a custodian of our fine traditions of parliamentary courtesy, and I need look no further than Victoria Prentis.

[Victoria Prentis (Banbury) (Con)]

Well, Mr Speaker, I do not know about you—[Laughter]—but I think that the 2017 Conservative manifesto is possibly not bedtime reading in many households, so let me remind the House of it briefly.

“We want to agree a deep and special partnership with the European Union. This partnership will benefit both the European Union and the United Kingdom: while we are leaving the European Union, we are not leaving Europe, and we want to remain committed partners and allies to our friends”.

Does the Prime Minister think that any of the indicative votes that we may be able to cast on Wednesday—aside from the meaningful vote on the withdrawal agreement—will be covered by that manifesto? If so, will she whip us to vote in any particular way?

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[Michael Fabricant (Lichfield) (Con)]

Since October, there has been extensive no-deal planning in the United Kingdom and the European Union. This has been acknowledged not only by those in the UK and the EU, but also by the Governor of the Bank of England. I therefore simply say to the Prime Minister: have faith in our officials. Let us try to get a deal by all means, but, if we cannot, let us not be frightened of no deal. [Interruption.]

[Mr Speaker]

Order. There is a quite a lot of noise on the Opposition Benches. I assumed that the hon. Member for Lichfield (Michael Fabricant) had been present throughout the statement.

[Michael Fabricant]

Yes.

[Mr Speaker]

In that case, the hon. Gentleman’s question is perfectly orderly.

[The Prime Minister]

My hon. Friend is right that the no-deal preparations have been, and are continuing to be, put in place. He expressed a wish for us to leave with a deal, and I want us to leave with a deal. The point that I made in my statement is that this House has already shown on a number of occasions that it wants to try to ensure that we do not leave without a deal. The best route is to leave with a deal, and I think my hon. Friend indicated that he agreed with that position.