Leaving the EU: Business of the House

John Bercow Excerpts
Wednesday 12th June 2019

(5 years, 5 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Barry Sheerman Portrait Mr Sheerman
- Hansard - - - Excerpts

They always say that, don’t they? The fact is that I have no idea what the Secretary of State is talking about when he mentions a “blind motion”. Could you tell us what he is talking about, Mr Speaker?

John Bercow Portrait Mr Speaker
- Hansard - -

I do not think that what I would call motion exegesis is a matter for the Chair. I think it is for the Secretary of State to explain the terms of his comments on the motion. I am saddened if the hon. Gentleman is befuddled. I would not want him to remain in a state of nescience for any length of time, so I hope the Secretary of State will elaborate, and then clarity will descend on the hon. Gentleman and all the people of Huddersfield.

Steve Barclay Portrait Stephen Barclay
- Hansard - - - Excerpts

I will happily respond. The hon. Member for Huddersfield (Mr Sheerman) is right: he has been in the House a long time—so long that he was actually a Eurosceptic when he arrived.

--- Later in debate ---
Anna Soubry Portrait Anna Soubry
- Hansard - - - Excerpts

On a point of order, Mr Speaker. I and many others are concerned about the time. This matter has been listed for an hour of debate. So far, the Front-Bench contributions have taken up 40 of the allotted 60 minutes. Some of us wish to speak, but in any event, we all agree that this is an important motion, properly tabled by Her Majesty’s Opposition and worthy of debate. Can you assist us all, Mr Speaker, about the likely length of this important debate?

John Bercow Portrait Mr Speaker
- Hansard - -

I do not want to state an expected length now. I will say that the observation about an hour is something that may have got abroad, but it is mere surmise. This debate could run until 8.33 pm, which I am sure will be more than adequate time for the right hon. Lady to make her contribution. I do not suggest that the debate will run for anything like that time, but the right hon. Lady should not be overly preoccupied with the idea that it will run for only an hour and that therefore the House would be deprived of the opportunity of hearing both the intellectual rigour of her prospective contribution and her mellifluous tones. There is every prospect that several people will be heard.

Steve Barclay Portrait Stephen Barclay
- Hansard - - - Excerpts

Of course, if I was not taking so many interventions, I would conclude my remarks with more alacrity. However, I accept the right hon. Lady’s request.

We were told last time that the European Union (Withdrawal) Act 2019 had to be passed in a day in an unprecedented manner to stop no deal. Yet, Lord Pannick, when debating the measure, said that

“the restrictions on the Prime Minister’s powers...may cause a no-deal exit”—[Official Report, House of Lords, 8 April 2019; Vol. 797, c. 405.]

That was the premise of the amendments tabled by Lord Pannick and others. The ultimate irony is that, first, we had a situation whereby emergency legislation passed in haste had the opposite effect to what was intended, and secondly, we were told that, to stop something unconstitutional, we needed to embrace parliamentary procedure that the constitutional experts said was unconstitutional.

--- Later in debate ---
Anne Main Portrait Mrs Main
- Hansard - - - Excerpts

On a point of order, Mr Speaker. I have just been asked to nominate a day. Mr Speaker, you are always a friend of all the Back Benchers. It seems to me that there is a worry about a particular candidate that Opposition Members may or may not like the Order Paper to reflect. If there is a worry about having a choice of how we wish to leave the European Union, I am sure you, Mr Speaker, would find a way to ensure there was parliamentary time. At the moment, however, we do not know what it is we are voting to have a day for. It is a fear of one or two of the candidates. If their fears were to be recognised, I am absolutely certain you would facilitate a debate.

John Bercow Portrait Mr Speaker
- Hansard - -

I always seek to facilitate the House and to ensure that the full range of opinion is expressed. These are matters of debate and, notwithstanding the sedulous efforts to entice me into contributing to it, I feel I must exercise a self-denying ordinance. The hon. Lady has made her own point in her own way, with alacrity.

Peter Grant Portrait Peter Grant
- Hansard - - - Excerpts

I say once again that it is not premature for the Opposition to have tabled the motion today. This is the last chance they have, and I, for one, am very grateful they have decided to take that chance. The reason that we need to give Parliament the chance, just once, to set the agenda is that the Government have shown no inclination whatever to do anything to prevent a no-deal Brexit.

Why would a no-deal Brexit be so bad? Let us look at what some of the key drivers of the UK economy have been saying recently. Sydney Nash, from the Society of Motor Manufacturers and Traders, said:

“For the automotive sector, no deal is simply not an option. Hearing politicians promote a no deal does not fill any of our companies with confidence nor does it fill international investors with confidence. Our strong desire is that no deal be taken off the table.”

Seamus Nevin, at Make UK—many Members will know it better by its previous name, the Engineering Employers Federation—said:

“Our members are quite blunt, they say that a no deal scenario would be nothing short of an act of economic vandalism”.

Tim Rycroft, at the Food and Drink Federation said:

“No deal is something our members are most unanimous about. 45 % say no deal would lead to redundancies.”

Nick Van Westenholz, director of EU exit and international trade at the National Farmers Union, said:

“No Deal would be disastrous for some sectors…It is frankly worrying that that we see it being put forward as a plausible scenario to leave without a deal in October.”

Those are not choice quotes from selected commentators that I have picked up over the last three or four years. All those things were said today, in this Parliament, in evidence to the Brexit Select Committee just over six hours ago. That is what these major economic drivers are saying right now. It is about time the Government and some of their Back Benchers were prepared to listen.

--- Later in debate ---
John Bercow Portrait Mr Speaker
- Hansard - -

Oh! I had not anticipated the right hon. and learned Gentleman, but I call Mr Kenneth Clarke. May I just say that, notwithstanding the immense celebrity of the right hon. and learned Gentleman, I am hoping for very brief speeches, if possible?

--- Later in debate ---
None Portrait Several hon. Members rose—
- Hansard -

John Bercow Portrait Mr Speaker
- Hansard - -

Order. I will apply at this point an informal limit of eight minutes on Back-Bench speeches, but I say to the next Member to speak that there is no obligation to speak up to that limit.

--- Later in debate ---
None Portrait Several hon. Members rose—
- Hansard -

John Bercow Portrait Mr Speaker
- Hansard - -

Order. I remind the House of the informal limit of eight minutes. If it were breached, I would have to impose a stricter formal limit, and I hope not to have to do that.

Oral Answers to Questions

John Bercow Excerpts
Thursday 16th May 2019

(5 years, 6 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Steve Barclay Portrait Stephen Barclay
- Hansard - - - Excerpts

My hon. Friend is right to say that we need a strong economy to have a strong NHS. The option set out in the economic analysis that was published by the Treasury in November makes it clear that the Prime Minister’s plan is the one that will deliver the strongest economy and enable us to make that record, 10-year commitment of up to £20.5 billion more a year to our NHS. That is a sign of the Conservative party’s commitment to the NHS, and for the majority of years that the NHS has existed, it has been run by a Conservative Government.

John Bercow Portrait Mr Speaker
- Hansard - -

I hope the hon. Member for Kensington (Emma Dent Coad) will take it in the right spirit if I say that it was most solicitous and courteous of her to notify us that her family members work in the national health service, but for the avoidance of doubt, it is not necessary to declare an interest simply because one visits a doctor from time to time.

Baroness Chapman of Darlington Portrait Jenny Chapman (Darlington) (Lab)
- Hansard - - - Excerpts

I was going to say that both my parents were nurses, as was the shadow Secretary of State’s mum, but I obviously do not need to. I remember being accused of negativity, as the Secretary of State has done repeatedly today, when we warned of the dangers of privatising the probation service, and look how that worked out. It is our job to challenge the Government. They might not like it, but that is one reason we are here. Public health is potentially at risk from Brexit. Chlorinated chicken is a public health risk.

--- Later in debate ---
Steve Barclay Portrait Stephen Barclay
- Hansard - - - Excerpts

The only myopic obsession is the Scottish National party’s obsession with an independence referendum. The hon. Gentleman says it is the Government’s obsession, but it is the Migration Advisory Council that said this is a UK-wide issue, which needs to be approached on a UK-wide basis. I remind the House of the answer I gave earlier: there are now 700 more doctors from EU27 countries working in the NHS than there were at the time of the referendum. The numbers are going up, yet the hon. Gentleman constantly talks our country down.

Royal Assent

John Bercow Portrait Mr Speaker
- Hansard - -

I have to notify the House, in accordance with the Royal Assent Act 1967, that the Queen has signified her Royal Assent to the following Acts:

Offensive Weapons Act 2019

Mental Capacity (Amendment) Act 2019.

European Union (Withdrawal) (No. 5) Bill

John Bercow Excerpts
Monday 8th April 2019

(5 years, 7 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
John Bercow Portrait Mr Speaker
- Hansard - -

A message has been received from the Lords with Lords amendments relating to the European Union (Withdrawal) (No. 5) Bill. The Clerks at the Table advise me that copies of the Lords amendments are available in the Vote Office, online and at the Bills before Parliament website. Also online and in the Vote Office are motions and amendments relating to the Lords amendments, with a selection paper. I should inform the House that none of the Lords amendments engages financial privilege.

Clause 1

Duties in connection with Article 50 extension

Yvette Cooper Portrait Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
- Hansard - - - Excerpts

I beg to move, That this House agrees with Lords amendment 1.

John Bercow Portrait Mr Speaker
- Hansard - -

With this it will be convenient to discuss the following:

Lords amendments 2 to 4.

Lords amendment 5, and amendment (a) thereto.

Yvette Cooper Portrait Yvette Cooper
- Hansard - - - Excerpts

I should be clear at the beginning that I support all five amendments from the Lords, but I oppose the further Commons amendments that have been tabled. I thank the Lords for proceeding so swiftly in these unprecedented circumstances, with only four days to go until the country could end up leaving without a deal—with all the serious implications for manufacturing, small businesses, medicine supplies, food prices, farming and transport—and with only two days before the important European Council, which needs to consider an extension to article 50.

--- Later in debate ---
John Bercow Portrait Mr Speaker
- Hansard - -

Order. I know that the hon. Gentleman is more than capable of looking after himself, so this is no disrespect to him, but he must be heard and he will be heard.

William Cash Portrait Sir William Cash
- Hansard - - - Excerpts

So he will, Mr Speaker.

Cromwell continued:

“Depart, I say…In the name of God, go!”

As far as I am concerned, that applies to many Members of Parliament who have reversed their votes and who have repudiated the vote of the British people and denied our democracy.

Angela Eagle Portrait Ms Angela Eagle (Wallasey) (Lab)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. Is it really in order for a Member of this House to try to delegitimise other Members of this House, all of whom have our own mandates from our constituencies, simply because he does not agree with what we agree with?

John Bercow Portrait Mr Speaker
- Hansard - -

It is not procedurally improper. It has offended the sensibilities of a considerable number of colleagues, but my hunch is that the hon. Member for Stone (Sir William Cash) will not suffer any loss of sleep as a consequence of that. The hon. Member for Wallasey (Ms Eagle) has made her point was considerable force, and it is on the record. Had the hon. Gentleman concluded his oration?

William Cash Portrait Sir William Cash
- Hansard - - - Excerpts

One last remark, Mr Speaker. I trust that the hon. Member for Wallasey will reflect on the fact that, as far as I am aware, she voted for the European Union (Notification of Withdrawal) Act 2017 when this House passed it by 499 votes to about 120. That is a fact—[Interruption.] But perhaps she did not, so she can tell me about that.

--- Later in debate ---
John Bercow Portrait Mr Speaker
- Hansard - -

I ask the Serjeant at Arms to investigate the delay in the No Lobby.

Oral Answers to Questions

John Bercow Excerpts
Thursday 4th April 2019

(5 years, 7 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
None Portrait Several hon. Members rose—
- Hansard -

John Bercow Portrait Mr Speaker
- Hansard - -

Does the hon. Member for West Bromwich West (Mr Bailey) wish to speak?

Adrian Bailey Portrait Mr Adrian Bailey (West Bromwich West) (Lab/Co-op)
- Hansard - - - Excerpts

Sorry, Mr Speaker—I leapt to my feet rather prematurely.

John Bercow Portrait Mr Speaker
- Hansard - -

Ah! A sense of anticipation is now building up.

Barry Sheerman Portrait Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
- Hansard - - - Excerpts

16. What recent assessment he has made of the effect on the UK manufacturing sector of the UK leaving the EU without a deal.

--- Later in debate ---
Steve Barclay Portrait Stephen Barclay
- Hansard - - - Excerpts

I have already addressed this point. Three years after the country voted by record numbers to leave, there is a strong desire to ensure that we get on with it and do so. The Prime Minister has compromised and reached out. We are endeavouring to deliver on the will of the British people as expressed in that referendum vote, and on the manifesto commitments of both main parties.

John Bercow Portrait Mr Speaker
- Hansard - -

The hon. Member for Redditch (Rachel Maclean) appears to be on the receiving end of mentoring from her right hon. Friend the Member for New Forest West (Sir Desmond Swayne). It will probably be extremely helpful to her—it would be to any Member—and it is a great tribute to the right hon. Gentleman.

Diana Johnson Portrait Diana Johnson (Kingston upon Hull North) (Lab)
- Hansard - - - Excerpts

Can the Secretary of State just enlighten the House as to what he thinks has actually gone well during this first phase?

--- Later in debate ---
None Portrait Several hon. Members rose—
- Hansard -

John Bercow Portrait Mr Speaker
- Hansard - -

Order.

Barry Sheerman Portrait Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
- Hansard - - - Excerpts

On a point of order, Mr Speaker.

John Bercow Portrait Mr Speaker
- Hansard - -

We will take points of order after the urgent question.

European Union (Withdrawal) (No. 5) Bill

John Bercow Excerpts
John Bercow Portrait Mr Speaker
- Hansard - -

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

William Cash Portrait Sir William Cash (Stone) (Con)
- Hansard - - - Excerpts

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

John Bercow Portrait Mr Speaker
- Hansard - -

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

Helen Goodman Portrait Helen Goodman (Bishop Auckland) (Lab)
- Hansard - - - Excerpts

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

Edward Leigh Portrait Sir Edward Leigh (Gainsborough) (Con)
- Hansard - - - Excerpts

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

John Bercow Portrait Mr Speaker
- Hansard - -

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

Helen Goodman Portrait Helen Goodman
- Hansard - - - Excerpts

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

John Bercow Portrait Mr Speaker
- Hansard - -

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

Shailesh Vara Portrait Mr Shailesh Vara (North West Cambridgeshire) (Con)
- Hansard - - - Excerpts

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

John Bercow Portrait Mr Speaker
- Hansard - -

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

Jacob Rees-Mogg Portrait Mr Jacob Rees-Mogg (North East Somerset) (Con)
- Hansard - - - Excerpts

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

John Bercow Portrait Mr Speaker
- Hansard - -

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

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

Shailesh Vara Portrait Mr Vara
- Hansard - - - Excerpts

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

John Bercow Portrait Mr Speaker
- Hansard - -

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

Shailesh Vara Portrait Mr Vara
- Hansard - - - Excerpts

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

John Bercow Portrait Mr Speaker
- Hansard - -

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

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

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

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

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

John Bercow Portrait Mr Speaker
- Hansard - -

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

--- Later in debate ---
William Cash Portrait Sir William Cash
- Hansard - - - Excerpts

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

John Bercow Portrait Mr Speaker
- Hansard - -

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

--- Later in debate ---
None Portrait Several hon. Members rose—
- Hansard -

John Bercow Portrait Mr Speaker
- Hansard - -

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

--- Later in debate ---
None Portrait Several hon. Members rose—
- Hansard -

John Bercow Portrait Mr Speaker
- Hansard - -

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

--- Later in debate ---
Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
- Hansard - - - Excerpts

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

John Bercow Portrait Mr Speaker
- Hansard - -

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

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

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

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

--- Later in debate ---
Antoinette Sandbach Portrait Antoinette Sandbach
- Hansard - - - Excerpts

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

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

John Bercow Portrait Mr Speaker
- Hansard - -

The time limit is reduced to two minutes.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
- Hansard - - - Excerpts

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

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

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

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

John Bercow Portrait Mr Speaker
- Hansard - -

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

William Cash Portrait Sir William Cash (Stone) (Con)
- Hansard - - - Excerpts

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

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

John Bercow Portrait Mr Speaker
- Hansard - -

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

--- Later in debate ---
Bill read a Second time; to stand committed to a Committee of the whole House (Order, this day).
John Bercow Portrait Mr Speaker
- Hansard - -

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

William Cash Portrait Sir William Cash
- Hansard - - - Excerpts

On a point of order, Mr Speaker.

John Bercow Portrait Mr Speaker
- Hansard - -

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

William Cash Portrait Sir William Cash
- Hansard - - - Excerpts

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

John Bercow Portrait Mr Speaker
- Hansard - -

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

European Union (Withdrawal) (No. 5) Bill

John Bercow Excerpts
Charles Walker Portrait Mr Charles Walker (Broxbourne) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. The House of Commons is about to pass a major piece of legislation without a Report stage or a substantive Third Reading. If the Government did this, the House would rightly be deeply irritated with them, so the House should find no virtue in its actions this evening.

John Bercow Portrait Mr Speaker
- Hansard - -

The hon. Gentleman has made his own point in his own way and with his usual sincerity. The matter of virtue is not to be adjudicated by the Chair, but his point is on the record.

Peter Bone Portrait Mr Peter Bone (Wellingborough) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. You are our defender of the rights of this Parliament. Surely it is within your gift to make this farce stop and say there can be no Third Reading—no more votes!

John Bercow Portrait Mr Speaker
- Hansard - -

The hon. Gentleman invests me with powers that I do not possess. I do not know whether I should be grateful to him. If he were right, perhaps I would be, but he isn’t, so I can’t. I fear we will have to leave it there, but I have heard his dulcet tones, and they will ring in my ears for some considerable time to come. I thank him for what he has said.

Bill, as amended in the Committee, considered.

Question put forthwith (Order, this day), That the Bill be now read the Third time.

--- Later in debate ---
Yvette Cooper Portrait Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. Given the strong feelings that there are on this issue and the tightness of the vote, it is important to say how welcome it is that this has been a very considered and thoughtful debate throughout today. I am sure that that is the way that we want all the debates on this to take place.

The House has tonight voted again to make clear the real concern that there would be about a chaotic and damaging no deal and to support the Prime Minister’s commitment to ensure that we do not end up with no deal on 12 April. I am sure that we will be very keen to work with the Government to make sure that this legislation progresses in a way that is sensible and works in the national interest.

Finally, I thank the right hon. Member for West Dorset (Sir Oliver Letwin) and the hon. Member for Grantham and Sleaford for their work on this Bill and on previous Bills to make sure that we could get this far, and, I hope, to help the Prime Minister to persuade her Cabinet and others how important this is.

John Bercow Portrait Mr Speaker
- Hansard - -

I note what the right hon. Lady has said and I thank her for it.

Mark Francois Portrait Mr Mark Francois (Rayleigh and Wickford) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. I have heard what the right hon. Lady has said, but it is difficult to argue that we have had an extremely considered debate when the Bill has been rammed through the House of Commons in barely four hours. That is not a considered debate; that is a constitutional outrage. It went through in the end by one vote. That, to me, does not represent the long-term, settled will of the House of Commons. [Interruption.] Someone shouts from a sedentary position “52:48”. There is a difference between a majority of 1.4 million and one. All I would say to hon. Members opposite is that the public will not be impressed by this. Forgive them, Father, for they know not what they do.

John Bercow Portrait Mr Speaker
- Hansard - -

I note what the right hon. Gentleman has said. He speaks for himself and conceivably for others as well, and there are people who take a different view, but he has put it in a perfectly orderly way. There is, however, nothing disorderly about these proceedings. I absolutely understand his point of view, shared by his hon. Friend the Member for Stone (Sir William Cash) and many others, that this is not a procedure that should be followed, but it is not a disorderly procedure.

Steve Baker Portrait Mr Steve Baker (Wycombe) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. Of course this has been a quality debate, but an altogether too brief one. I know how their Lordships feel about ill-considered and briskly prepared legislation going up to their Lordships’ House in an inadequate state, as I am sure this Bill is, so I place on the record my fervent hope that their Lordships will examine this Bill line by line and explore every possibility for amendment of this legislation for as long as they think is necessary.

John Bercow Portrait Mr Speaker
- Hansard - -

I note what the hon. Gentleman has said. I am sure that the other place will become aware of his words and will make its own judgment, as he rightly suggests.

David Linden Portrait David Linden (Glasgow East) (SNP)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. We started the process of voting at 9.54 pm, and it has taken us until nearly half-past 11 to complete it. I am, of course, making my usual point about electronic voting and how much more efficient the process could be, but there is also a serious aspect in that the catering staff, the Clerks and all the other staff of the House have been dragged here and have had to stay until half-past 11. Surely all Members who are present agree that we need to move into the 21st century and introduce electronic voting.

John Bercow Portrait Mr Speaker
- Hansard - -

The hon. Gentleman is nothing if not persistent in making that point. He knows, because I have indicated it on other occasions elsewhere, that I happen to have great sympathy for his point of view: I have said so many times in speeches and lectures around the country. However, I am fully aware of, and very respectful towards, the fact that the judgment would have to be made by the House of Commons as a whole. Each of us can have our own opinion, and the matter may come to be considered in due course. We shall see.

Caroline Johnson Portrait Dr Caroline Johnson (Sleaford and North Hykeham) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. I wonder if I can invite the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) to correct what I believe that I just heard her say. She thanked those who had supported the passing of her Bill, mentioning my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) and “the hon. Member for Grantham and Sleaford”. I am the hon. Member for Sleaford and North Hykeham, and I do not support the Bill.

John Bercow Portrait Mr Speaker
- Hansard - -

That is a perfectly fair point. The constituency is, in fact, Grantham and Stamford, and the hon. Lady represents Sleaford and North Hykeham. It is a perfectly fair correction, which I am sure the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) will happily accept.

Yvette Cooper Portrait Yvette Cooper
- Hansard - - - Excerpts

Further to that point of order, Mr Speaker. I apologise to the hon. Member for Sleaford and North Hykeham (Dr Johnson). It is late.

John Bercow Portrait Mr Speaker
- Hansard - -

That is very gracious, and I trust it will be accepted in the spirit in which it has been proffered.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. I wonder whether it would be in order to place on record the House’s thanks to, in particular, the Clerks and the staff of the Vote Office for the way in which they have received, marshalled, typed up, printed and distributed the papers that enabled us to consider the Bill this evening.

John Bercow Portrait Mr Speaker
- Hansard - -

That is typically courteous of the right hon. Gentleman, and perhaps enables us to conclude the proceedings on a note of some amity. I entirely endorse what he has said, and I think that that other colleagues will do so as well. Extreme professionalism has been required, and it has been provided. I thank all the Clerks at the Table, and many others who are not currently in the Chamber, for the work that they have done.

EU: Withdrawal and Future Relationship (Motions)

John Bercow Excerpts
Monday 1st April 2019

(5 years, 7 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
John Bercow Portrait Mr Speaker
- Hansard - -

We now come to the motions relating to the United Kingdom’s withdrawal from and future relationship with the European Union. I inform the House that I have selected the following motions for decision by recorded vote: motion (C), in the name of Mr Kenneth Clarke; motion (D), in the name of Mr Nick Boles; motion (E), in the name of Mr Peter Kyle; and motion (G) in the name of Joanna Cherry.

Greg Hands Portrait Greg Hands (Chelsea and Fulham) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. Could you perhaps clarify why you have selected for debate motion (C), in the name of my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), when exactly the same motion with exactly the same words was debated and rejected by this House only three sitting days ago? For the benefit of those watching, could you perhaps explain why this can be brought back three days later, but the 585-page withdrawal agreement cannot?

John Bercow Portrait Mr Speaker
- Hansard - -

The short answer to the right hon. Gentleman is that the House has agreed to the process that has unfolded, and therefore it is entirely procedurally proper for the judgment I have made to be made, and that is the judgment that I have made. The right hon. Gentleman will have noted the view expressed in the debates last week, and let me say in terms that are very clear—he may not approve of them, but they are clear—that the purpose of this discrete exercise, as I think is understood by colleagues across the House, is to try to identify whether there is potential consensus among Members for an approach to the departure from and the future relationship with the European Union. It is in that spirit and in the knowledge that it is wholly impossible, colleagues, to satisfy everybody, that I have sought conscientiously to discharge my obligations to the House by making a judicious selection. That is what I have done, that I readily defend to the House and that I will continue to proclaim to be the right and prudent course in circumstances that were not of my choosing, but with which, as Chair, I am confronted.

John Baron Portrait Mr John Baron (Basildon and Billericay) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. You know me not to be one to play games in this place. With respect, may I ask you to reconsider when it comes to motions (A) and (B)? The reason why I ask—we live in unusual times, so I do not apologise for making this request—is that motion (A) is new, in the sense that it reflects the withdrawal agreement as amended by the backstop. I suggest to you that it is the one vote we have had in this place, on the back of the Brady amendment, that actually achieved a majority. It is a new motion that has previously achieved a majority, and with respect—and I mean that—I think it worthy for consideration. May I also suggest, if only for future reference, that motion (B) is actually the legal default position from our triggering article 50? I do think it is incumbent on us to consider that in this particular debate, when we are trying to find some sort of consensus.

John Bercow Portrait Mr Speaker
- Hansard - -

I am extremely grateful to the hon. Gentleman for his point of order and for the very reasonable tones in which, as usual, he expresses it. He and I have known each other for a long time, and I have the highest regard for the integrity of the hon. Gentleman. I am happy, although not obliged, to provide an answer to each of his two points. I say I am not obliged not in my interests, but because the House has long understood and asserted the obligation of the Chair to make these judgments and expected that the Chair would not provide an explanation, but that the House—having vested in the Chair the responsibility—would accept the judgment. However, I am happy in this case to respond to his two points.

First, in relation to the hon. Gentleman’s motion appertaining to the backstop, he makes his own point in his own way. I have to make a judgment about what I think is reasonable going forward. In this debate, colleagues, we are not acting alone; we are acting in a negotiation with the European Union. The point that the hon. Gentleman feels strongly about is expressed in this motion for the first time, but it has been aired repeatedly—I do not say that critically, but as a matter of fact—since the publication in November of the withdrawal agreement. Repeated commitments have been made to seek a re-examination of that point by the Union, and it has become clear over a period of months that that re-examination is not offered by the Union. It may or may not feature in the future, but in terms of trying to broker progress now I did not think it would be the most sensible motion to choose at this time. I put it no more strongly than that.

Secondly, in relation to the so-called no-deal motion, if the hon. Gentleman will forgive me—and, frankly, even if he will not—I am going to replay to him his own point in my support rather than his. Somewhat exasperated —well, quizzical—that I had not selected his motion, he said, “But Mr Speaker, leaving without a deal on 12 April is the legal default.” He is right: it is precisely because it is the default position in law that having it on the Order Paper is, in my view, a rhetorical assertion. It is a statement of fact, and it does not in my judgment require debate. The second point on that motion is that in looking at it—[Interruption.] The hon. Member for Torbay (Kevin Foster) can chunter from a sedentary position in evident disapproval of the thrust of the argument that I am developing if he so wishes, but it does not detract from the fact that I am making the point I am making. He does not like it: I do, and we will have to leave it there.

The simple fact of the matter is that that motion, voted on last week, as the beady eye of the hon. Member for Basildon and Billericay (Mr Baron) testifies he realises, was rejected by 400 votes to 160. A significant number of Members did not vote, but even if every Member who did not vote on that motion last week were to vote in favour of it this week, it still would not pass. I see my duty as being to try to advance matters. Whatever people think about this issue and whatever side of the argument they sit, they all think, “Can we not make some progress?” It is in pursuit of progress that I have made the disinterested—I use that old-fashioned but valid term—judgment that I have made to try to serve the House.

I totally understand that it will not please everyone, but it happens to be my view, it is an honest one, and it is my best judgment.

None Portrait Several hon. Members rose—
- Hansard -

John Bercow Portrait Mr Speaker
- Hansard - -

I will happily take points of order indefinitely: I have good knee muscles and plenty of energy. I am not sure that it will greatly advance matters, but if hon. Members wish to raise points of order they are most welcome to do so.

Charlie Elphicke Portrait Charlie Elphicke (Dover) (Con)
- Hansard - - - Excerpts

Further to that point of order, Mr Speaker. I have always found you very patient in hearing the concerns of any colleague in the House, and always passionate about the rulings that you make.

If I may remind you, the other day you made a ruling on meaningful vote 3, and you said that you wanted to make it clear that you expected the test of change to be met and that the Government

“should not seek to circumvent my ruling by means of tabling either a ‘notwithstanding’ motion or a paving motion. The Table Office has been instructed that no such motions will be accepted.”—[Official Report, 27 March 2019; Vol. 657, c. 370.]

What, then, is motion (C), which seems to be exactly that?

John Bercow Portrait Mr Speaker
- Hansard - -

Forgive me if I was not sufficiently clear. I thought I had been. My apologies to the hon. Gentleman if my reply was too opaque. I thought I had indicated in an earlier reply that the House, in the motion that it had supported, had endorsed the approach to indicative votes that we are now taking. It is a discrete process separate from and different to the processes that have been adopted thus far.

All sorts of arguments and explanations have been given as to why we are in this process, with the House taking control of the process, and I do not need to revisit those, but I have answered that point already. I do not wish to be unkind to the hon. Gentleman, whom I like and respect very much as he knows, but I fear I have to say to him that it is not that I have not answered his point. I have answered his point already in response to an earlier point of order, but the simple fact is that the hon. Gentleman does not like my answer, and I am afraid I cannot do anything about that.

Anne Main Portrait Mrs Anne Main (St Albans) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. Tonight, we will be debating motion (E) on a confirmatory public vote, but this House voted on a confirmatory public vote, and I believe it gathered only 85 votes at the time. I am just wondering, Mr Speaker, why that motion, which was so roundly rejected by this House—it was not even supported by those on the Labour Benches—is worthy of another debate. Perhaps it should be kicked out.

John Bercow Portrait Mr Speaker
- Hansard - -

I hope the hon. Lady will forgive me. I may have misheard her, but I thought she said something about 85 votes. From memory—I do not have it in front of me, although I can easily find it; it would not be very difficult—I think I am right in saying that the vote for the confirmatory public vote, for a confirmatory referendum, received 268 votes and was defeated—

Anne Main Portrait Mrs Main
- Hansard - - - Excerpts

indicated dissent.

John Bercow Portrait Mr Speaker
- Hansard - -

The hon. Lady is shaking her head, but I am trying to answer the point. I think it received 268 votes and was opposed by 295, so it was defeated. But again, if the hon. Lady will forgive me, and even if she won’t, I repeat the point that this is part of a process for which the House voted. Colleagues did so in the knowledge that a result might not be achieved on day one or even necessarily on day two, but the House wanted that process to take place. It may be—I have not looked at the Division list and it is absolutely her right—that the hon. Lady voted against this process altogether, and I completely respect her autonomy in making that judgment, but the House chose to adopt the process. What I have done and am doing is entirely in keeping with the spirit of that process.

John Bercow Portrait Mr Speaker
- Hansard - -

Is it is further to that point of order? I am not sure there is a further to.

Anne Main Portrait Mrs Main
- Hansard - - - Excerpts

Further to that point of order, Mr Speaker. The 85 votes I am referring to relate to the motion brought before the House by the hon. Member for Totnes (Dr Wollaston).

John Bercow Portrait Mr Speaker
- Hansard - -

I am sorry. I did not realise that was what the hon. Lady was saying. Okay, but my point about the discrete process we are undertaking and the level of support for that particular motion stands. What I have tried to do—I say this not least so that our proceedings are intelligible to those who are not Members of the House but are watching—is identify those propositions that appear to command substantial support, preferably of a cross-party nature. That is what I have done. It does seem to me, if I may say so, that although it cannot please everybody it is quite a reasonable approach, as opposed to, for example, identifying a series of propositions that have minimal support and thinking that it would be a frightfully good sport instead to submit them to a verdict of the House again. That would not seem to me a particularly constructive way in which to proceed. I am for a constructive approach and I hope most of the House will agree with me that that is how we should operate.

Can we now move to the main debate? I call the Father of the House, the right hon. and learned Member for Rushcliffe (Mr Clarke), he who owns motion (C) on the customs union, to address the House.

Lord Clarke of Nottingham Portrait Mr Kenneth Clarke (Rushcliffe) (Con)
- Hansard - - - Excerpts

I beg to move motion (C),

That this House instructs the Government to:

(1) ensure that any Withdrawal Agreement and Political Declaration negotiated with the EU must include, as a minimum, a commitment to negotiate a permanent and comprehensive UK-wide customs union with the EU;

(2) enshrine this objective in primary legislation.

John Bercow Portrait Mr Speaker
- Hansard - -

With this it will be convenient to discuss the following motions:

Motion (D)—Common Market 2.0—

That this House –

(1) directs Her Majesty’s Government to –

(i) renegotiate the framework for the future relationship laid before the House on Monday 11 March 2019 with the title ‘Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom’ to provide that, on the conclusion of the Implementation Period and no later than 31 December 2020, the United Kingdom shall –

(a) accede to the European Free Trade Association (Efta) having negotiated a derogation from Article 56(3) of the Efta Agreement to allow UK participation in a comprehensive customs arrangement with the European Union,

(b) enter the Efta Pillar of the European Economic Area (EEA) and thereby render operational the United Kingdom’s continuing status as a party to the EEA Agreement and continuing participation in the Single Market,

(c) agree relevant protocols relating to frictionless agri-food trade across the UK/EU border,

(d) enter a comprehensive customs arrangement including a common external tariff, alignment with the Union Customs Code and an agreement on commercial policy, and which includes a UK say on future EU trade deals, at least until alternative arrangements that maintain frictionless trade with the European Union and no hard border on the island of Ireland have been agreed with the European Union,

(ii) negotiate with the EU a legally binding Joint Instrument that confirms that, in accordance with Article 2 of the Protocol on Ireland/Northern Ireland of the Withdrawal Agreement, the implementation of all the provisions of paragraph 1 (i) of this motion would cause the Protocol on Ireland/Northern Ireland to be superseded in full;

(2) resolves to make support for the forthcoming European Union (Withdrawal Agreement) Bill conditional upon the inclusion of provisions for a Political Declaration revised in accordance with the provisions of this motion to be the legally binding negotiating mandate for Her Majesty’s Government in the forthcoming negotiation of the future relationship between the United Kingdom and the European Union.

Motion (E)—Confirmatory public vote—

That this House will not allow in this Parliament the implementation and ratification of any withdrawal agreement and any framework for the future relationship unless and until they have been approved by the people of the United Kingdom in a confirmatory public vote.

Motion (G)—Parliamentary Supremacy—

That—

(1) If, at midday on the second last Day before exit day, the condition specified in section 13(1)(d) of the Act (the passing of legislation approving a withdrawal agreement) is not satisfied, Her Majesty’s Government must immediately seek the agreement of the European Council under Article 50(3) of the Treaty to extend the date upon which the Treaties shall cease to apply to the United Kingdom;

(2) If, at midday on the last Day before exit day, no agreement has been reached (pursuant to (1) above) to extend the date upon which the Treaties shall cease to apply to the United Kingdom, Her Majesty’s Government must immediately put a motion to the House of Commons asking it to approve ‘No Deal’;

(3) If the House does not approve the motion at (2) above, Her Majesty’s Government must immediately ensure that the notice given to the European Council under Article 50 of the United Kingdom’s intention to withdraw from the European Union is revoked in accordance with United Kingdom and European law;

(4) If the United Kingdom’s notice under Article 50 is revoked pursuant to (3) above a Minister of Her Majesty’s Government shall cause an inquiry to be held under the Inquiries Act 2005 into the question whether a model of a future relationship with the European Union likely to be acceptable to the European Union is likely to have majority support in the United Kingdom;

(5) If there is a referendum it shall be held on the question whether to trigger Article 50 and renegotiate that model;

(6) The Inquiry under paragraph (4) shall start within three months of the revocation; and

(7) References in this Motion to “Days” are to House of Commons sitting days; references to “exit day” are references to exit day as defined in the Act; references to the Act are to The European Union (Withdrawal) Act 2018; and references to the Treaty are to the Treaty on European Union.

--- Later in debate ---
Lord Clarke of Nottingham Portrait Mr Clarke
- Hansard - - - Excerpts

No, I am not going to give way. It would be unfair to other Members who have had this whole debate crammed into three hours. In 1972, we used to have all-night sittings on much smaller issues than this. I do not recommend going back to that, but I object to listening to my colleagues having to speak on three-minute time limits because chaps want to get to dinner and will not sit after 7 o’clock in the evening in the middle of the week, which is where this rather pathetic Parliament has got itself recently. That is my last digression from my theme. [Interruption.]

John Bercow Portrait Mr Speaker
- Hansard - -

Order.

Lord Clarke of Nottingham Portrait Mr Clarke
- Hansard - - - Excerpts

As I have said, the motion does not conflict with the Government’s withdrawal agreement. If the motion is passed or if it is subsumed by common market 2.0, which I will also vote for—that motion would subsume this one if it is carried—the easiest way of proceeding is for the Government to proceed with their withdrawal agreement tomorrow and for the Labour party to abstain because it is no longer such a blind Brexit, and then we can get on to the serious negotiations, which this country has not even started yet, with its 27 partner nations.

Motion (C) does not conflict with the case that is being made by many Members for a further referendum—either a confirmatory referendum or a people’s vote. It is not on the same subject. The referendum is about whether the public have changed their mind and whether we are firmly committed to the EU now that we know what is happening. That is a process—a very important one—that we are arguing about. I have been abstaining on that; I am not very fond of referendums, but there we are.

Motion (C) is concerned with a quite different subject: the substance of the negotiations if we get beyond 12 April. It begins to set out what the Government have a majority for and what they are being given a mandate for when they start those negotiations. The separate issue of whether, at any relevant stage, a referendum is called for can be debated and voted on quite separately. Advocates of a people’s vote are not serving any particular interest if they vote for a people’s vote and somehow vote against this motion to make sure that that somehow gets a bigger majority. Both can be accommodated.

--- Later in debate ---
None Portrait Several hon. Members rose—
- Hansard -

John Bercow Portrait Mr Speaker
- Hansard - -

Order. I am keen to accommodate all those whose motions have been selected before calling others. I am not imposing a formal time limit at this stage, but there is a premium on parliamentary time and therefore on brevity.

--- Later in debate ---
Peter Kyle Portrait Peter Kyle
- Hansard - - - Excerpts

I am grateful to the hon. Lady—[Interruption.] I encourage everyone to look in this direction rather than in any other direction. I am not suggesting that we propose another deal. I am proposing that we accept the landscape that we are standing in, exactly in the manner that I have just suggested. The deal before us is one that defines Brexit, and as it stands, this sovereign Parliament has rejected it again and again and again. In fact, MPs have cast a staggering 1,167 votes against the deal—[Interruption.]

John Bercow Portrait Mr Speaker
- Hansard - -

Order. I ask colleagues to show some respect for the Member who has the Floor. The hon. Gentleman has had his motion selected, and he is entitled—[Interruption.] Order. He is entitled to be heard.

Stephen Doughty Portrait Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. This debate is obviously of extreme importance and it is vital that Members are able to hear the speeches, particularly those made by the proponents of the different motions. There is obviously a disturbance in the Gallery, and whatever the rights and wrongs of that protest, I am sure you would agree that we need to ensure that people can be heard in the debate and that the situation in the Gallery is appropriately handled so that we can proceed with our debate today.

John Bercow Portrait Mr Speaker
- Hansard - -

Thank you. I suggest that we proceed.

Peter Kyle Portrait Peter Kyle
- Hansard - - - Excerpts

Thank you, Mr Speaker.

As it stands, this sovereign Parliament has rejected the deal again and again and again. In fact, MPs have cast a staggering 1,167 votes against it. That is 50% more than the number of MPs who sit in this Chamber. However, although the majority here do not like it, the fact remains that it has been signed off by every EU country, by the EU itself and by the British Government. It is the only deal on the table. We have to accept that there is no majority for the Government’s deal, but neither is there a majority right now for an alternative. So we have a stark choice. Do we continue the war of positions in the hope that one side will capitulate, knowing the damage that it will do to our politics and to our country? Do we persist with the deadlock? Or do we choose to progress? If there is no outright majority for any of the motions, we must do what the country is desperate for: we must compromise by bringing together two minority positions to create a majority in order to move forward.

--- Later in debate ---
Nigel Evans Portrait Mr Nigel Evans
- Hansard - - - Excerpts

On a point of order, Mr Speaker. Briefly, may I thank you, Sir, and the House authorities for the way in which the disruption was handled? It was a distraction, but there was no disruption to our proceedings. May we, through you, thank everybody involved?

John Bercow Portrait Mr Speaker
- Hansard - -

We want to thank those who look after us and protect us. I very much appreciate what the hon. Gentleman has said. We just press on with the debate. That is what we are here to do.

--- Later in debate ---
None Portrait Several hon. Members rose—
- Hansard -

John Bercow Portrait Mr Speaker
- Hansard - -

Order. Approximately 40 right hon. and hon. Members wish to speak, the large majority of whom, I am sorry to say, seem set to be disappointed, and three Front Benchers are due to speak, although I hope mercifully briefly. So in the interests of trying to accommodate colleagues, we will start with a time limit of six minutes, but it is not obligatory to absorb the full six. I call Mr Dominic Grieve.

--- Later in debate ---
Barry Sheerman Portrait Mr Sheerman
- Hansard - - - Excerpts

Yes, Attlee. He is almost canonised, but anyone who wants to know about the confusion on Europe in the Labour party should read about Clement Attlee. He wanted to reject Europe and continue expanding trade with the colonies. The divisions on Europe in the Labour party were deep, mirroring in part what has happened more recently in the Conservative party. It was Harold Wilson, who came from Huddersfield but was never Member of Parliament for the town, who called the first referendum because of the deep division between left and right in the party, especially with Tony Benn. The result was the innovation, which I much regret, of referendums under our constitution.

I will support all four of the motions this evening, because this is the beginning of a process. We are in a bitter and toxic period. In my nearly 40 years in Parliament, I have never seen such nastiness in the streets, on social media and in the way we treat each other in the House, referring to each other as traitors. I hope tonight we can start the process, by voting for some of these positive motions. Of course, in the end I want to stay in the European Union, but I am willing to meet people halfway and to build bridges.

All the time I have the national interest at the back of my mind. Someone asked me at the weekend, “What is the national interest? The Prime Minister keeps talking about it. The Conservative Prime Minister who first got us into this mess has disappeared and now another one is going to disappear.” The national interest is for this House to come together and replace the vacuum we have had from the present leadership in the major political parties. I say that reluctantly, but it is true. It is time we had that leadership, but until we get it again, the House must pick up the baton and run with it. I hope that tonight will start that process.

John Bercow Portrait Mr Speaker
- Hansard - -

I will next take the Front-Bench speeches. I have asked the Secretary of State, the shadow Secretary of State and the spokesman for the SNP to try not to exceed five minutes, and then the Back-Bench limit will have to be cut to four minutes to try to maximise participation.

--- Later in debate ---
Hywel Williams Portrait Hywel Williams (Arfon) (PC)
- Hansard - - - Excerpts

My remarks will be brief. I will explain why Plaid Cymru will be supporting only one option, and two procedures, as a potential solution to the Brexit deadlock. The Prime Minister insists on bringing forward the same votes on her botched deal, only for the House to reject it again, as has happened twice already. We believe it is essential to hold a people’s vote on the final deal. Ultimately, it must be a question of deciding between the arrangements that we know, and that have worked well, although not perfectly, for several decades, and what those who advocate change can devise. It is clear that there is no agreement on what that alternative might be, so what was started by a vote of the people must, I think, be ended by a vote of the people. We will be supporting the motion in the name of the hon. Member for Hove (Peter Kyle) tonight.

The best option for Wales is undoubtedly to remain within the European Union. As our economy is heavily dependent on the ability to export tariff-free to the European Union, leaving the Union would be damaging for the Welsh economy. It is our responsibility as Plaid Cymru, the party of Wales, to mitigate that as much as possible. Therefore, we will also be supporting the motion in the name of the hon. Member for Grantham and Stamford (Nick Boles), which would continue to ensure membership of the single market and a form of customs union, protecting jobs, protecting workers rights and protecting our economy. It is indeed strikingly similar to the proposals entitled “Securing Wales’ Future” that we brought forward some two years ago and which were largely the fine work of our late friend Steffan Lewis AM, whose untimely death this year deprived us of a great future prospect for our politics. If this is the final position adopted, it is imperative that this too is put to a people’s vote.

It is essential that we have a means of protection against crashing out of the European Union with no deal at all. The first step to protect against this must be a meaningful extension of article 50. This has to be obtained from the European Union, but were it to be refused—although I think that is unlikely—it must be up to this House to choose between a no-deal Brexit, which we have already rejected, and revoking article 50 and stopping this careering train in its tracks. Therefore, we will be supporting motion (G) in the name of my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry).

John Bercow Portrait Mr Speaker
- Hansard - -

Last speech at four minutes—I call Greg Hands.

--- Later in debate ---
None Portrait Several hon. Members rose—
- Hansard -

John Bercow Portrait Mr Speaker
- Hansard - -

I call the hon. Member for Camborne and Redruth (George Eustice)—a three-minute limit now applies, as he was advised earlier.

--- Later in debate ---
None Portrait Several hon. Members rose—
- Hansard -

John Bercow Portrait Mr Speaker
- Hansard - -

Order. There will now be a two-minute speaking limit.

--- Later in debate ---
Debate interrupted (Order, this day).
John Bercow Portrait Mr Speaker
- Hansard - -

Colleagues, voting forms are available from the Vote Office and in the Division Lobbies. As colleagues know, voting will start at the end of this statement/announcement and will continue for 30 minutes from the moment it starts.

I will now repeat what I said the other day, for the avoidance of doubt and for the sake of clarity. The forms look very similar to deferred Division forms, except that they are blue, and they will list the title and letter of the selected motions. The text of the motions is on the Order Paper. Members with surnames from A to K should hand in their forms in the Aye Lobby at the relevant desk for their surname and Members with surnames from L to Z should hand in their forms in the No Lobby at the relevant desk. As with deferred Divisions, Members may not—I repeat may not—vote Aye and No to the same motion. If this happens, the vote will not be counted. As with deferred Divisions, Members may not hand in forms on behalf of other Members. Each Member must hand in his or her own form. Members with proxy votes in operation will need to get their nominated proxy to hand in their form.

A short note is available in the Vote Office confirming those arrangements. I will announce the results in the Chamber as soon as they are ready. Those results will be published in the same way as deferred Divisions on the Commons debates website and app and in Hansard, showing how each hon. Member voted on each motion. Voting is due to start now and colleagues have 30 minutes to cast their votes.

EU: Withdrawal and Future Relationship (Votes)

John Bercow Excerpts
Monday 1st April 2019

(5 years, 7 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
John Bercow Portrait Mr Speaker
- Hansard - -

I can now announce the outcome of the Divisions on motions relating to the United Kingdom’s withdrawal from and future relationship with the European Union.

In respect of Mr Kenneth Clarke’s motion (C)—customs union—the Ayes were 273 and the Noes were 276, so the Noes have it.

In respect of Mr Nicholas Boles’s motion (D)—common market 2.0—the Ayes were 261 and the Noes were 282, so the Noes have it.

In respect of Mr Peter Kyle’s motion (E)—confirmatory public vote—the Ayes were 280 and the Noes were 292, so the Noes have it.

In respect of Joanna Cherry’s motion (G)—parliamentary supremacy—the Ayes were 191 and the Noes were 292, so the Noes have it.

The lists showing how hon. Members voted will be published in the usual way on the CommonsVotes app and website, and in Hansard.

Steve Barclay Portrait The Secretary of State for Exiting the European Union (Stephen Barclay)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. This is now the second time the House has considered a wide variety of options for a way forward. It has once again failed to find a clear majority for any of the options, yet the result of the House’s decision on Friday not to endorse the withdrawal agreement means that the default legal position is that the UK will leave the EU in just 11 days’ time. To secure any further extension, the Government will have to put forward a credible proposition to the EU as to what we will do with that extra time. This House has continuously rejected leaving without a deal, just as it has rejected not leaving at all. Therefore, the only option is to find a way through that allows the UK to leave with a deal. The Government continue to believe that the best course of action is to do so as soon as possible. If the House were to agree a deal this week, it may still be possible to avoid holding European parliamentary elections. Cabinet will meet in the morning to consider the results of tonight’s vote and how we should proceed.

John Bercow Portrait Mr Speaker
- Hansard - -

Thank you, Secretary of State.

Jeremy Corbyn Portrait Jeremy Corbyn (Islington North) (Lab)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. It is disappointing that no solution has won a majority this evening, but I remind the House that the Prime Minister’s unacceptable deal has been overwhelmingly rejected three times. The margin of defeat for one of the options tonight was very narrow indeed, and the Prime Minister’s deal has been rejected by very large majorities on three occasions. If it is good enough for the Prime Minister to have three chances at her deal, I suggest that possibly the House should have a chance to consider again the options that we had before us today in a debate on Wednesday, so that the House can succeed where the Prime Minister has failed, in presenting a credible economic relationship with Europe for the future that prevents us from crashing out with no deal.

John Bercow Portrait Mr Speaker
- Hansard - -

I thank the Leader of the Opposition.

Ian Blackford Portrait Ian Blackford (Ross, Skye and Lochaber) (SNP)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. It would indeed be an outrage if the Government sought to bring back their deal. It really is about time they accepted reality: the deal they have put forward has been defeated three times, with the largest defeat in parliamentary history—[Interruption.]

John Bercow Portrait Mr Speaker
- Hansard - -

Order. No, the right hon. Gentleman is entitled to be heard and, believe me, notwithstanding the shouting from a sedentary position, he will be heard. That is the be all and end all of it. It is as simple as that: the right hon. Gentleman will be heard.

Ian Blackford Portrait Ian Blackford
- Hansard - - - Excerpts

Thank you, Mr Speaker.

I acknowledge that I am disappointed that we have not won tonight in respect of revoking article 50, having a people’s vote or having a single market and customs union, but the reality is that two of the votes were won by a very small number. We need to try to see where we can find consensus and work together.

Fundamentally for those of us who represent seats in Scotland, we voted to remain in the European Union. Tonight, a vast majority of Scottish MPs voted to revoke article 50. A vast majority of Scottish MPs voted for a people’s vote. A vast majority of Scottish MPs voted to stay in the single market and customs union. It is crystal clear to us from Scotland that our votes in this House are disrespected, and it is becoming increasingly clear to the people of Scotland that, if we want to secure our future as a European nation, we are going to have to take our own responsibilities. The case is this: sovereignty rests with the people of Scotland, not with this House. The day is coming when we will determine our own future, and it will be as an independent country.

John Bercow Portrait Mr Speaker
- Hansard - -

Thank you.

Nick Boles Portrait Nick Boles (Grantham and Stamford) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. I have given everything to an attempt to find a compromise that can take this country out of the European Union while maintaining our economic strength and our political cohesion. I accept that I have failed. I have failed chiefly because my party refuses to compromise. I regret, therefore, to announce that I can no longer sit for this party.

John Bercow Portrait Mr Speaker
- Hansard - -

I thank the hon. Gentleman for what he has told the House.

None Portrait Several hon. Members rose—
- Hansard -

John Bercow Portrait Mr Speaker
- Hansard - -

Of course I shall come to other Members. I call Sir Vince Cable.

Vince Cable Portrait Sir Vince Cable (Twickenham) (LD)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. It is even clearer than it was the last time we had indicative votes that one compromise option has substantial support. There is the largest number of votes in the House for a people’s vote—larger than last time. Is it not possible to combine the two and therefore find a way forward through consensus?

John Bercow Portrait Mr Speaker
- Hansard - -

The right hon. Gentleman’s question is of course of a rhetorical character. It invites no response from me, but he has registered his view, upon which I am sure colleagues will reflect.

--- Later in debate ---
Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. Having looked at the figures, I reinforce the comments from the right hon. Member for Twickenham (Sir Vince Cable). I regret what the hon. Member for Grantham and Stamford (Nick Boles) has had to do, but were he to link to his proposal the opportunity to have a public vote, we would have a huge majority in this House. The idea that we would avoid doing that for fear of the democratic moment of the European elections is frankly absurd. Why would we be afraid of one democratic event and for fear of that avoid a further one? That makes no sense. The Prime Minister’s deal is dead. We should look at where the majorities in this House lie, and they lie with a softer Brexit going against a people’s vote to the country.

John Bercow Portrait Mr Speaker
- Hansard - -

Thank you.

Lord Clarke of Nottingham Portrait Mr Kenneth Clarke (Rushcliffe) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. With the help of the people who work with me, I have got a damn sight nearer to a majority in this House than anybody else has so far, apart from the rather curious and now historic Malthouse compromise, which I fear is dead. Three votes is quite near.

We cannot go on with everybody voting against every proposition. The difficulty is that there are people who want a people’s vote who would not vote for my motion because they thought they were going to get a people’s vote. There were people—the Scottish nationalists—who wanted common market 2.0, so would not vote for my motion. All of them had nothing against mine. If they continue to carry on like that, they will fail. I say to the hon. Member for Brighton, Pavilion (Caroline Lucas) that if we added the people’s vote to a motion such as mine, we would lose votes from all over the place, and from the Labour party. We would lose more than we would gain. Those Members should accept that they do not have a majority yet for the people’s vote and vote for something that they have no objection to as a fall-back position. That is politics. I sometimes think that this particular Parliament in which I find myself sitting is not very political at the moment, and it is confounding the general public.

John Bercow Portrait Mr Speaker
- Hansard - -

Thank you.

Anna Soubry Portrait Anna Soubry (Broxtowe) (Ind)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. What you do not know is that a week ago an effort was made to put forward composite motions. Unfortunately, despite the efforts of a number of us, that was resisted. However, as the Father of the House rightly identifies, there is undoubtedly a way of getting this together—that is why this is a three-stage process. [Interruption.] Hon. Members should just let me explain this. As the Father of the House knows, the reason why many of us could not support the customs union was that it did not have the regulatory alignment that the Labour party had put forward, which unfortunately it did not get round to tabling anything today. If we put the customs union, regulatory alignment and the people’s vote together—[Interruption.] Hon. Members could then vote against it. If we look at the figures—[Interruption.] If Members could stop yelling in my ear, I would say that there is every chance on Wednesday that we will find a compromise.

Mr Speaker, another thing needs to be said. I am very upset, as I am sure many others are, that the hon. Member for Grantham and Stamford (Nick Boles), who is a fine champion for his community, has made the decision that he has. He is wrong, because he has been right in what he has tried to achieve. The reason his motion failed was that it did not have the longevity of being in the withdrawal agreement, and on that basis, again, a compromise does exist that can get a majority.

John Bercow Portrait Mr Speaker
- Hansard - -

Thank you.

Julian Lewis Portrait Dr Julian Lewis (New Forest East) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. May I, within the rules of order, just point out that a clear majority of Conservative MPs—no fewer than 159 including tellers—voted a week ago that we should leave the European Union without a deal? I find it very strange that everybody assumes that, because of the House’s position as a whole, that cannot be a way forward. If it was always going to be left to the House of Commons, dominated as it is by remainers, to have the final say, there was never any hope for a referendum to achieve anything whatsoever.

John Bercow Portrait Mr Speaker
- Hansard - -

The right hon. Gentleman has made his own point in his own inimitable way, and he gives every indication of being well satisfied with his prodigious efforts this evening.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. The consequence of tonight’s votes is that the House has voted in favour of nothing. As a result, in 11 days’ time, the United Kingdom will leave the European Union without an agreement unless the Prime Minister, who has just left the Chamber, acts. One thing that we have now voted three times to tell the Prime Minister is that we will not accept leaving the European Union without an agreement—the last time it was by 400 votes to 160. The Prime Minister indicated a week ago that she would respect the will of the House. Mr Speaker, has she given you any indication that she intends to make a statement from the Dispatch Box to the effect that she will now be writing to the European Council to seek a further extension to article 50?

John Bercow Portrait Mr Speaker
- Hansard - -

The short answer to the right hon. Gentleman is that the Prime Minister has given me no such indication and I have received no such indication from any other Minister. Indeed, we have just had the results of the votes—I announced them only a matter of minutes ago—and there has been no communication to me from Government Ministers, but if that were to change I would of course notify the House, or it would become apparent to the House, ere long.

Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. It is probably worth recalling that last Friday the withdrawal agreement negotiated by our Prime Minister achieved more votes than any of the options we voted on tonight.

John Bercow Portrait Mr Speaker
- Hansard - -

That requires no response, but I am grateful to the hon. Lady.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. I think that now is the time for a little reflection and humility. I would have expected a little more humility from the Brexit Secretary in his statement, because when it comes to the need for a majority, we are all in this together, and that includes Government, too.

The bottom line is that in the last two sessions of these indicative votes, the proposition that my hon. Friend the Member for Sedgefield (Phil Wilson) and I have offered has come top, and tonight came within eight votes of the Secretary of State’s own proposition—the proposition put forward by Government. Is it not now the case that if there is not a majority for anything outright, we have to start looking to see how minorities in this House can be brought together in order to get the blockage within the House of Commons sorted, so that we can move forward, our politics can move forward, the Commons can move forward, and our country can get the resolution it needs? Mr Speaker, can you help guide us as to how Government can start acting with humility, reaching out and working with those of us with propositions rather than sticking to their guns?

John Bercow Portrait Mr Speaker
- Hansard - -

I fear that the hon. Gentleman invests me with powers that I do not claim to possess. It is late at night. I think we have to await, as Macmillan used to say, events, and see what transpires tomorrow. God willing, I shall be in my place, and I will always seek to facilitate the House, which is it is the responsibility of the Speaker to do, but I cannot say with any confidence what will happen, and in that respect I think I am, frankly, not in a minority. I think that most colleagues would say with confidence that they do not know what is to follow.

William Cash Portrait Sir William Cash (Stone) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. In the light of the word “blockage” that was just used, and the suggestion that somehow or other there is something wrong with our democratic system, may I simply say this? I recall the fact that section 1 of the European Union (Withdrawal) Act 2018 quite clearly states, as a matter of law, that the European Communities Act 1972 is repealed on exit day, and if that exit day happens to be 12 April, so be it. That is the law of the land. That is something that we ought to hang on to, because it is the anchor of the referendum in which the British people voted.

John Bercow Portrait Mr Speaker
- Hansard - -

I thank the hon. Gentleman. He has represented his own position correctly, and I know that because I have heard him make that point with comparable eloquence on several occasions. Whether he has entirely fairly characterised the position of the hon. Member for Hove (Peter Kyle), I do not know, but the hon. Gentleman will doubtless study the Official Report and make his own assessment.

Helen Goodman Portrait Helen Goodman (Bishop Auckland) (Lab)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. This is obviously a very disquieting evening for all of us. Unlike some other Members who have made points of order, I am not going to promote the merits, great though they are, of the motion put forward by the Father of the House. I just want to point out that the Government have an opportunity tomorrow to bring something forward to resolve this. The House has another day on Wednesday, and we might consider how we best use that, perhaps by looking at some different way of addressing these problems. We have got the time booked, so although this is desperate and last-minute, it is not the end.

John Bercow Portrait Mr Speaker
- Hansard - -

Thank you. I am grateful to the hon. Lady.

Peter Bottomley Portrait Sir Peter Bottomley (Worthing West) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. This point of order may involve you. The motion that had the greatest number of votes was motion (E), on a confirmatory public vote. Although, as my hon. Friend the Member for Chelmsford (Vicky Ford) pointed out, that was fewer than the number of votes for the Prime Minister’s deal on Friday, may I invite you to get party leaders together to see whether there could be a run-off between those two, with a free vote across the House?

John Bercow Portrait Mr Speaker
- Hansard - -

I always reflect on points that colleagues make to me, but I am not anticipating what might happen in days to come. The hon. Gentleman has made his own point in his own way. I do not mean it in any unkind or discourteous sense, but it is a point I have heard floated in parts of the popular prints in recent days; that does not invest it with the validity that it might otherwise lack.

Gareth Snell Portrait Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. I profess myself upset that the Father of the House’s motion missed getting a vote by three votes, particularly given that five members of my party who profess to want a softer Brexit voted against it and could have made a decisive impact on tonight’s decision. Given that, as my hon. Friend the Member for Bishop Auckland (Helen Goodman) said, we are considering this again on Wednesday, can you give us an early indication of what procedural wisdom will look like, when motions can start to be tabled and whether there will be a new way of looking at this, in order to come to a conclusive outcome?

John Bercow Portrait Mr Speaker
- Hansard - -

I am grateful to the hon. Gentleman. The only early indication I can give him is that I think it is reasonable, on the basis of what was passed earlier today in the business of the House motion, to suppose that the right hon. Member for West Dorset (Sir Oliver Letwin) will be carefully contemplating the intended procedure for Wednesday. Specifically, I think it is reasonable to expect that he will be looking to table a business of the House motion and, from that, the hon. Gentleman will gather what the right hon. Member for West Dorset has in mind.

Colleagues will be able to take a view about that. Moreover, just as colleagues have spoken to each other in recent days to bid for support for particular options, it is open to colleagues to communicate with each other about these matters before Wednesday, and I rather imagine that they will do so. Precisely what procedure is envisaged I cannot say, nor is it self-evident that there can be only one procedure proposed. There may well be a number of alternative ideas circulating in colleagues’ minds, and I cannot say more than that. We will have to see. [Interruption.] There is nothing very significant about that. I hear a knowing grunt from someone on the Treasury Bench as though something remarkably significant or suspicious has been said, but neither of those things is so.

Graham P Jones Portrait Graham P. Jones (Hyndburn) (Lab)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. To follow on from what my hon. Friend the Member for Stoke-on-Trent Central (Gareth Snell) said about the influence that you may have on the business of the House motion on Wednesday, we need now to be brutal about this. The Prime Minister’s deal was last defeated by 58 votes—that is the worst option, so that should get taken off the table. Are we going to have an eliminatory process? Common market 2.0 lost by 21 votes. A confirmatory ballot lost by 12 votes. Revocation lost by 11 votes. Clearly top of the table was the Father of the House’s motion on the customs union. Are we going to have a brutal process whereby we get to one outcome on Wednesday, and can you influence that? It needs to happen.

John Bercow Portrait Mr Speaker
- Hansard - -

I do not cavil at the hon. Gentleman’s point, and I do not want him to think I am being pedantic, but I dislike the use of the word “brutal”. I am not in favour of brutality. I am in favour of clarity, of decisiveness and of resolution.

Graham P Jones Portrait Graham P. Jones
- Hansard - - - Excerpts

I apologise for that.

John Bercow Portrait Mr Speaker
- Hansard - -

The hon. Gentleman does not need to apologise. In so far as that requires some concentrated thinking, I agree. Some colleagues will be pleased with the outcome of tonight’s votes. [Interruption.] The hon. Member for Shipley (Philip Davies) is noisily yelling his approval of that observation, beaming as he stands by me. Other colleagues are disappointed. We are where we are. Nothing has won tonight.

In what do I take comfort? Well, Roger Federer put on a majestic masterclass in Miami last night. I am happy about that, and of course I am happy that, although nothing won tonight here in this Chamber, at the Emirates Arsenal won 2-0. I just have to content myself with that for tonight—I appreciate that Newcastle Members will not be so pleased—and we shall have to see what happens tomorrow. I am sorry that I cannot add to that, but I feel that colleagues have ventilated their points, and it is right that they should do so. I do not think we can advance matters further this evening, so I suggest that we look to get a decent night’s rest, recharge our batteries and try to do our duty with resolution but good humour tomorrow.

EU: Withdrawal and Future Relationship (Votes)

John Bercow Excerpts
Wednesday 27th March 2019

(5 years, 8 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
John Bercow Portrait Mr Speaker
- Hansard - -

I can now announce the result of today’s recorded votes on motions relating to the United Kingdom’s withdrawal from and future relationship with the European Union.

In respect of Mr Baron’s motion (B)—no deal—the Ayes were 160 and the Noes were 400, so the Noes have it.

In respect of Mr Nicholas Boles’s motion (D)—common market 2.0—the Ayes were 188 and the Noes were 283, so the Noes have it.

In respect of George Eustice’s motion (H)—EFTA and EEA—the Ayes were 65 and the Noes were 377, so the Noes have it.

In respect of Mr Kenneth Clarke’s motion (J)—customs union—the Ayes were 264 and the Noes were 272, so the Noes have it.

In respect of the Leader of the Opposition’s motion (K)—Labour’s alternative plan—the Ayes were 237 and the Noes were 307, so the Noes have it.

In respect of Joanna Cherry’s motion (L)—revocation to avoid no deal—the Ayes were 184 and the Noes were 293, so the Noes have it.

In respect of Dame Margaret Beckett’s motion (M)—confirmatory public vote—the Ayes were 268 and the Noes were 295, so the Noes have it.

In respect of Mr Marcus Fysh’s motion (O)—contingent preferential arrangements—the Ayes were 139 and the Noes were 422, so the Noes have it—[Interruption.]

Order. [Interruption.] Order. I am finishing—[Interruption.] Order. I am finishing my statement—I do not require any help from the Government Chief Whip. The lists showing how—[Interruption.] He will learn, so he should listen. The lists showing how hon. and right hon. Members voted will be published in the usual way on the CommonsVotes app and website and in Hansard.

Oliver Letwin Portrait Sir Oliver Letwin
- Hansard - - - Excerpts

On a point of order, Mr Speaker. It is very disappointing—[Interruption.]

John Bercow Portrait Mr Speaker
- Hansard - -

Order.

Oliver Letwin Portrait Sir Oliver Letwin (West Dorset) (Con)
- Hansard - - - Excerpts

It is, of course, a very great disappointment that the House has not chosen to find a majority for any proposition. However, those of us who put this proposal forward as a way of proceeding predicted that we would not this evening reach a majority, and indeed, for that very reason, put forward a business of the House motion designed to allow the House to reconsider these matters on Monday—[Interruption.]

John Bercow Portrait Mr Speaker
- Hansard - -

Order. Perhaps colleagues would do the right hon. Gentleman the courtesy—[Interruption.] Yes, I say to the right hon. Member for Derbyshire Dales (Sir Patrick McLoughlin) that I am not asking him; I am telling him that the right hon. Gentleman will be done the courtesy of being heard. That is the beginning and the end of the matter.

Oliver Letwin Portrait Sir Oliver Letwin
- Hansard - - - Excerpts

Thank you, Mr Speaker. If on Monday the House can reach a majority view, it would be in the interests of our constituents and the country, but I personally continue to harbour the hope that my right hon. and hon. colleagues will see fit to vote in favour of a Government motion between now and close of play on Friday, which would obviate the necessity for a further set of votes on Monday.

John Bercow Portrait Mr Speaker
- Hansard - -

Thank you. I call the Secretary of State for Exiting the European Union.

Steve Barclay Portrait The Secretary of State for Exiting the European Union (Stephen Barclay)
- Hansard - - - Excerpts

Further to that point of order, Mr Speaker. The House has today considered a wide variety of options as a way forward, and it demonstrates that there are no easy options; there is no simple way forward. The deal that the Government have negotiated is a compromise, both with the EU and with Members across the House. That is the nature of complex negotiations. The results of the process this House has gone through today strengthen our view that the deal the Government have negotiated is the best option. [Interruption.] Furthermore—[Interruption.]

John Bercow Portrait Mr Speaker
- Hansard - -

Order. The right hon. Gentleman must be heard.

Steve Barclay Portrait Stephen Barclay
- Hansard - - - Excerpts

Furthermore, although this was not a significant feature of today’s debate, any deal must include a withdrawal agreement. It is the Government’s firm wish to get the withdrawal agreement approved by this House, and I urge all Members to agree, no matter their view on what the future relationship should be, that if they believe in delivering on the referendum result by leaving the EU with a deal, it is necessary to back the withdrawal agreement. If we do not do that, there are no guarantees about where this process will end. It is for that reason that I call on all Members from across the House in the national interest to back the Prime Minister’s deal.

Ian Blackford Portrait Ian Blackford (Ross, Skye and Lochaber) (SNP)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. This is a very serious moment for all of us. We have to reflect that this House of Commons has tried to find a way through the Brexit crisis over the last few months, and we have failed. We need to reflect on the fact, when the Government talk about bringing their deal back, that they got 202 and then 242 votes. That deal should be dead. The people’s vote got 268 votes tonight. I know we did not win, but we got more votes for a people’s vote than the Government did for their proposition. It is becoming increasingly clear that the House cannot find a way forward. The Government and the Prime Minister have failed to provide leadership. The only thing we should now be doing is going back to the people of the United Kingdom in a general election to end this impasse.

John Bercow Portrait Mr Speaker
- Hansard - -

I am grateful to the right hon. Gentleman. I call Sir Patrick McLoughlin.

Lord McLoughlin Portrait Sir Patrick McLoughlin (Derbyshire Dales) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. Can you confirm that, following on from your ruling earlier today, none of these questions can be put again?

John Bercow Portrait Mr Speaker
- Hansard - -

The particular process set in train as a consequence of the business of the House motion is a discrete process. It is the first time it has been conducted, it was approved by the House and therefore my understanding—[Interruption.] No, no, I am not debating the issue with the right hon. Gentleman. He has more or less courteously raised the point of order, and I am responding to it. I am not going to conduct a debate with him. My understanding of the situation does not entirely cohere with his, and I have explained that the motion passed by the House expressed support for a two-stage process. I will for the time being leave it there. I am extraordinarily grateful to him.

John Bercow Portrait Mr Speaker
- Hansard - -

No, as I just said, I am not debating it with the right hon. Gentleman.

John Bercow Portrait Mr Speaker
- Hansard - -

Point of order, Anna Soubry. [Interruption.] Point of order, Anna Soubry. [Interruption.] Point of order, Anna Soubry.

Anna Soubry Portrait Anna Soubry
- Hansard - - - Excerpts

On a point of order, Mr Speaker. [Interruption.] As someone who has been called by you—[Interruption.]

John Bercow Portrait Mr Speaker
- Hansard - -

Order. Let me just explain—[Interruption.] Order. Let me just explain one thing in this place. The right hon. Member for Derbyshire Dales (Sir Patrick McLoughlin) is a very senior Member of the House and a former Chief Whip, but he is not the Speaker of this House. It is not for him to presume the order in which matters are considered, and I trust that he will not suppose that it is for him to do so. Let me say very gently to the right hon. Gentleman that I treat him with respect, but I am not intimidated by him, and I am sure—I am absolutely sure—that he would not seek to intimidate me. I am taking a point of order from the right hon. Member for Broxtowe (Anna Soubry), and, frankly, that is the situation. [Interruption.]

Anna Soubry Portrait Anna Soubry
- Hansard - - - Excerpts

I have been called. [Interruption.] The country is watching us, Mr Speaker. [Interruption.] Let me gently say to Members that I can shout as loudly as anyone, but let us try to remind ourselves what we have decided to do. [Hon. Members: “Nothing.”] Some of us have been involved in the debates and the discussions about the procedure from the outset. It is all very well for people to come in at the end of all this, but let us remind ourselves—[Hon. Members: “Patronising.”] Oh, I can patronise as well.

Let us remind ourselves that this was a two-stage process. Today was our attempt to see whether there was anything we could settle on, but also to look at where the biggest votes might be. The Prime Minister’s deal secured 242 votes, motion (J), which supported a customs union, secured 264 votes, and beating all of them was the motion for a people’s vote, with 268 votes. [Hon. Members: “It was a loss.”] Members do not need to shout it out. [Interruption.]

John Bercow Portrait Mr Speaker
- Hansard - -

Order. Like any other Member, the right hon. Lady has a right to be heard, and she will be heard.

Anna Soubry Portrait Anna Soubry
- Hansard - - - Excerpts

Thank you, Mr Speaker.

May I suggest that we now proceed to the agreed procedure that the House adopted? May I suggest that, having settled on the matters on which there were the biggest votes, we now move forward to Monday to see if we can find a compromise, so that we can look to how we are going to give this country the leadership and the certainty that it needs and deserves?

Finally, Mr Speaker—[Interruption.] If hon. Members had not tried to shout me down, I might have finished two minutes ago.

May I suggest that we continue with our agreed procedure? It is becoming increasingly obvious that if we do settle on a deal, that deal needs to go back to the British people, and we need to see whether we can arrange that on Monday.

John Bercow Portrait Mr Speaker
- Hansard - -

I note what the right hon. Lady has said. As a matter of fact, the business of the House motion having been passed, the process is established, and—I say this for the benefit of colleagues, but also for the benefit of those attending our proceedings who are not Members of the House—the process is that a second day, Monday, has been provided for. I am not investing that point with any spin, one way or the other; it is not for the Chair to do that. I am simply reporting the factual position to the House. That is the reality of the matter. [Interruption.] It is no good somebody saying “Rubbish.” That is the reality of the matter, because it is that for which the House of Commons voted.

Mark Francois Portrait Mr Mark Francois (Rayleigh and Wickford) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. After many hours of debate and an extremely complex procedure, the House of Commons has decided sweet Felicity Arkwright. I think the public will look in on these proceedings in utter amazement; they will be completely bemused by what has gone on. This attempt to seize the Order Paper has failed. The second referendum has been defeated. The revocation of article 50 was smashed. And surely the last thing we want to do, Mr Speaker, in the eyes of the public, is on Monday to go through this farce all over again.

John Bercow Portrait Mr Speaker
- Hansard - -

I say this for the benefit of those who have not heard this interaction before: having known—

Mark Francois Portrait Mr Francois
- Hansard - - - Excerpts

Oh, not this again.

John Bercow Portrait Mr Speaker
- Hansard - -

Yes, it is important. Having known the—

Mark Francois Portrait Mr Francois
- Hansard - - - Excerpts

I have heard it four times.

John Bercow Portrait Mr Speaker
- Hansard - -

Yes, the right hon. Gentleman has and I have, but others have not. He and I have known each other—[Interruption.] Order. I say in a very good-natured spirit to the right hon. Gentleman that he and I have known each other for 35 and a half years, and knowing him as well as I do, I know that he is more interested in what he has to say to me than in anything I have to say to him, but the simple fact of the matter is that a process has been decided upon. It may well be that it does not suit the palate of the right hon. Gentleman; we will have to see what is said tomorrow and by other colleagues, but I repeat that I do not think he really wants much of a response from me. I respect the right hon. Gentleman greatly, as he knows; I have heard what he has said and the House has heard what he said, and I now want to hear what—

None Portrait Several hon. Members rose—
- Hansard -

--- Later in debate ---
John Bercow Portrait Mr Speaker
- Hansard - -

Order. Wait a moment; patience. I do not mean any unkindness to hon. Members, but I think at this point I will hear from a former Leader of the House of enormous experience, and who had a motion before us today: Dame Margaret Beckett.

Baroness Beckett Portrait Margaret Beckett (Derby South) (Lab)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. I would be grateful if you could correct or confirm my recollection. I do not know what anybody else expected, but I did not necessarily expect any motion to carry a majority today, certainly not the one I proposed, which, if I recall, has had almost an identical result to the one it had the last time it was moved in this House. My understanding of the procedure instigated by the right hon. Member for West Dorset (Sir Oliver Letwin) was that we would first let 1,000 flowers bloom and see where we went, that that would expose some things that had perhaps little support, and that then we would seek to proceed to see whether ranking things in an order of importance made a difference.

I have to say to the Secretary of State that I thought it was somewhat extraordinary for him to come to the Dispatch Box and say that this proves that the only thing to do is go ahead with the Prime Minister’s motion, which got fewer votes than many motions that have been before us tonight. So perhaps you would tell me, Mr Speaker, whether my recollection, which seems to differ from that of some colleagues, is reasonably accurate.

John Bercow Portrait Mr Speaker
- Hansard - -

Yes. It is not for the Chair to adjudicate on the merits of the arguments, and I have not sought to do so. What I did seek to do, which I thought it was proper for the Speaker to do, was facilitate the House by selecting a wide range of motions expressing different points of view and allowing those different, and in some cases contrasting, propositions to be tested. I would just very gently make the observation, again with a view to the intelligibility of our proceedings to a wider audience, that these matters have been debated over a lengthy period. Indeed, since the publication of the withdrawal agreement a little over four months ago I have chaired every single debate—and every minute of every single debate and, I think, exchange—in the Chamber on the matter. It is simply a statement of fact to say that in that period of four months and a bit, the House has not reached a conclusion. So if the right hon. Lady is asking me whether I am utterly astonished that today no agreement has been reached, I confess that I am not utterly astonished that after one day’s debate no agreement has been reached, but that is the factual position.

John Bercow Portrait Mr Speaker
- Hansard - -

I know that the right hon. Gentleman attaches very considerable importance to his next intervention, and I look forward to it with bated breath, beads of sweat upon my brow and eager anticipation, but not before I have heard from the right hon. Member for New Forest East (Dr Lewis).

Julian Lewis Portrait Dr Julian Lewis (New Forest East) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. Is there any way within the rules of order that I can point out to what might be a bemused wider world that Members were not having to choose between these eight different options, that they were able to vote for or against each and every one of them, and that they voted against all of them? If I were an unofficial Back-Bench Prime Minister, I would resign at this point, not seek to repeat such an exercise in abject failure.

John Bercow Portrait Mr Speaker
- Hansard - -

As it happens, I have known the right hon. Member for New Forest East (Dr Lewis) for precisely the same length of time, virtually to the day, as I have known the right hon. Member for Rayleigh and Wickford (Mr Francois), and the mental acuity of the right hon. Member for New Forest East never ceases to strike me. However, in relation to his proposition about being Back-Bench Prime Minister for the day, I gently say that I am not arguing with him and that, in his case, the proposition is an academic one.

Lord McLoughlin Portrait Sir Patrick McLoughlin
- Hansard - - - Excerpts

On a point of order, Mr Speaker.

John Bercow Portrait Mr Speaker
- Hansard - -

Oh, very well; I will indulge the right hon. Member for Derbyshire Dales (Sir Patrick McLoughlin).

Lord McLoughlin Portrait Sir Patrick McLoughlin
- Hansard - - - Excerpts

Thank you, Mr Speaker. You interpreted my earlier attempt at a point of order as an attempt to argue with you. I was not attempting to argue with you; I was seeking a point of clarification. The most amazing thing about the points of order that we have just heard is that nothing has been said from the Opposition Front Bench, but let us leave that aside for just a second. Can you tell me how your ruling tonight and your response to my earlier point of order coincide with what you said about the Government bringing back a meaningful vote? I think that there was an inconsistency in your ruling, and I would be interested to hear what the views behind it were.

John Bercow Portrait Mr Speaker
- Hansard - -

I do not wish to disappoint the right hon. Gentleman, but I have made the point once and I thought I had made it clearly—[Interruption.] Yes, I made it very clearly. I think he disagrees with it, but the point that I was making is this: the process for which the House opted was and is a discrete process and the first of its kind. Indeed, the novelty of the process, which is welcome to some and not to others, was the subject of much comment earlier in our proceedings. I believe that it is a process, and the House decided earlier that it should be pursued over a two-day period. In those circumstances, with a specific balloting procedure set in train, I do not think that it falls into the category the right hon. Gentleman has described.

I should add that I set out the position in respect of the same question in the same Session on 18 March, and that on 25 March—that is to say, on Monday this week—in response to a question on her statement from the right hon. Member for New Forest East, the Prime Minister signalled that she was well aware of the strictures that I had issued and that if the Government attempted to bring back their deal, they would ensure that my requirements were met. So it was obviously in the Prime Minister’s mind that there was a test that needed to be met, and I reiterated earlier this afternoon that test of change. I do not honestly think that it can usefully be argued further tonight, but no doubt there will be discussions in the days to come and we shall have to see what emerges. I hope that that satisfies the right hon. Gentleman, at least in part. He is not easily satisfied, but I hope that it has at least in part satisfied him for tonight—[Interruption.] Ah! The Attorney General says, “It ought to!” Who am I to disagree on this matter with so learned and cerebral an authority in the House as the Attorney General?

Angela Eagle Portrait Ms Angela Eagle (Wallasey) (Lab)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. I note from the results of round one of the indicative votes process that the Father of the House’s motion on a customs union failed by a majority of eight and the motion to hold a confirmatory ballot failed by 27, and yet the shadow Brexit Secretary argued that the Government’s motion, which failed by 230 at its first attempt and by 149 at its second attempt, should somehow take precedence—[Interruption.] I meant to say the Brexit Secretary; I was just future gazing. Does that not strike you as a rather odd interpretation of the results so far, Mr Speaker?

John Bercow Portrait Mr Speaker
- Hansard - -

Well, interpretations vary, which I think is clear from the points of order. The hon. Lady has made her point with some force, and I am sure that people will study it in the Official Report together with the observations of other right hon. and hon. Members.

Vince Cable Portrait Sir Vince Cable (Twickenham) (LD)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. Further to the point about how to reconcile this evening’s votes with your ruling earlier today, I note that two motions received votes significantly in excess of what the Government have achieved with their meaningful votes. Would it therefore not be appropriate for the Government to bring back their withdrawal agreement, amended to take account of the Leader of the House’s changes and modified to allow for a confirmatory vote? In that way, we may at last reach some consensus.

John Bercow Portrait Mr Speaker
- Hansard - -

A variety of options is there for policy makers, parliamentarians and members of the Executive, and the right hon. Gentleman has helpfully indicated what he thinks should be the priorities in the important days that lie ahead.

Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. Last Monday, when you made it clear that no identical vote should be put to the House twice, you were also helpful in clarifying on a point of order from myself that, in deciding whether a vote was identical, you would take into consideration the conditions and circumstances in which Members were having to make a decision. Since the last meaningful vote, there have been many other votes, including a number today, and many of my colleagues have indicated both privately and publicly that the conditions and circumstances therefore mean that they wish to change their mind—not least my hon. Friend the Member for South East Cornwall (Mrs Murray), who is getting married on Saturday and has just told colleagues that she would like to support another vote on the withdrawal agreement. Given that time is pressing and that a decision must be made before Cinderella appears on Friday night, please can we reconsider the conditions and circumstances around a meaningful vote?

John Bercow Portrait Mr Speaker
- Hansard - -

I am grateful to the hon. Lady for her point of order. Some people may have changed their mind, but others have not done so, and the situation is as I have just described. I recognise the premium that the hon. Lady attaches to the matter, but I do not have anything to add to or subtract from what I have already said, for the simple reason that I think it has the advantage of being true and of continuing validity.

Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. Notwithstanding the programme motion that says that we will be discussing these matters again on Monday and your earlier comments about the Prime Minister’s deal and the possibility of bringing it back, have you received any intelligence about whether the House will be sitting on Friday and, if it is, what it will be discussing?

John Bercow Portrait Mr Speaker
- Hansard - -

The answer to that is that at this stage I do not know. As the hon. Lady will understand, that matter is not first and foremost in my hands. It may be that colleagues will discover more tomorrow if they attend business questions. After all—I say this again for the purposes of the intelligibility of our proceedings—that is the weekly occasion on which we learn from the Leader of the House the intended business for the next parliamentary week. I have a strong sense that colleagues will be in their places to listen to what the Leader of the House has to say and, possibly, to put questions to her. Enlightenment will come not necessarily tonight, but in all likelihood tomorrow, on that occasion or later in the day.

Kevin Foster Portrait Kevin Foster (Torbay) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. I always listen with great interest to your rulings on procedure, and I listened with quite some interest to your ruling earlier today. I would be grateful for your view on page 332 of “Erskine May,” which motions

“Standing Order No 27 allowing the Government to arrange its business in any order it thinks fit… This far-reaching control can be further extended by the Government, if the need arises, by inviting the House to agree to a motion suspending the relevant standing orders”

Could you clarify whether my interpretation, which would give an ability to move a motion on a Standing Order so as to secure another vote or to rearrange business, is correct?

John Bercow Portrait Mr Speaker
- Hansard - -

I am well familiar with “Erskine May.” The House’s ownership of its Standing Orders is a matter of established fact, which has been of long-standing significance. As to what happens in the period to come, we shall have to see. I am extraordinarily obliged to the hon. Gentleman, and I do not mean it in any spirit of discourtesy, but he has not told me something that I did not know. I am deeply grateful to him, and I feel sure he is pleased that he has made his point.

Baroness Hoey Portrait Kate Hoey (Vauxhall) (Lab)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. Earlier today we voted on a business motion for the proceedings today and on Monday. An amendment tabled by my hon. Friend the Member for Stoke-on-Trent Central (Gareth Snell) would have allowed us to vote on removing paragraph (2) so that we do not vote on Monday. This special arrangement was originally going to be for one day. I understand that you decided not to select the amendment but, given the problems we now have, would it not be sensible to vote again tomorrow on whether we actually want to continue with this on Monday?

--- Later in debate ---
John Bercow Portrait Mr Speaker
- Hansard - -

I am grateful to the hon. Lady. That is an innovative thought on her part. She says the position was originally going to be for one day, and I do not mean this in any spirit of unkindness or discourtesy, but the answer is no. The original form of the motion specified two days, not one day, and it specified what its mover wanted, rather than what the hon. Lady might have wanted. There was that alternative proposition, and my view was that the House would be keen to get on with the substantive debate on a vast miscellany of different motions and that the House should be invited to decide the business of the House motion. The House decided the business of the House motion, and the business of the House motion specified two days. I absolutely understand that that does not please her, but that is the factual answer to the perfectly reasonable question she put to me.

Bob Blackman Portrait Bob Blackman (Harrow East) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. Clearly the decisions taken tonight were to defeat all the motions you selected but, of course, there were eight other proposals that you chose not to put to the vote—that is absolutely your right—and on which the House has not had a chance to reach a decision. Many of those proposals were signed by a number of Members on a cross-party basis. Personally, I do not agree with most of them. However, we have not tested the House’s view on them. What is your intention on those motions that were not chosen for debate? Can they now be considered on Monday to test the House’s opinion?

John Bercow Portrait Mr Speaker
- Hansard - -

My understanding of the intention of the architect of the process is that it was intended, ideally, to reach a conclusion in one day, but more likely to result in a shortlisting. Therefore on the second day, with a narrower field of relatively popular, if not sufficiently popular, propositions, it would be possible to reach a conclusion between those remaining high contenders.

Off the top of my head, I would not automatically have thought it was the wish of the architects of the procedure, or the most obviously sensible course, to test those propositions that were not selected in the first place. I am happy to consider the point, but I would not have thought so.

I know the hon. Gentleman is not criticising, and he asked his question in an extremely reasonable way, as he always does, but in so far as Members or others might ask, “What motions were not selected and why?” the answer is that I was making a judgment about the breadth of the issues, the numbers and range of support, and where there was duplication, as he will attest there was, I tended not to choose two propositions on the same subject but rather to arbitrate between competing claims. It would not seem to be obviously sensible simply to opt for the other of the two competing claims. I would have thought it is more sensible, if we have that second day as the House has voted to do, to seek to make further progress from those propositions that were tested today. That would be my instinct, but I am always open to representations from colleagues.

Bob Blackman Portrait Bob Blackman
- Hansard - - - Excerpts

Further to that point of order, Mr Speaker. I particularly referred to the so-called “Malthouse compromise”, which has signatures from at least three different parties. You did not select it for debate, so this procedure has not had the chance to test the House’s opinion on it. Why could it not be brought back as a specific issue, given the range of support there is across political parties for it?

John Bercow Portrait Mr Speaker
- Hansard - -

I am happy to consider the point. As I say, I thought that I had chosen a range of propositions that reflected the key issues in the debate and the key preferences for outturn. I am speaking off the top of my head, as colleagues can see. I had some regard also to a consideration that has always been adjudged to be important, by Members on both sides of the House and on both sides of the Brexit argument: the likely capacity to deliver an outcome. That was a factor in my mind, especially in view of pressure of time and the need to work with other partners.

Mike Gapes Portrait Mike Gapes (Ilford South) (Ind)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. This relates back to the earlier point of order made by the right hon. Member for New Forest East (Dr Lewis). He said that the “temporary Prime Minister” should resign. Given the two huge defeats for the Prime Minister, have you had any intimation that, following her discussions with her parliamentary colleagues this afternoon, she will be coming before the House in the next few days to announce her resignation?

John Bercow Portrait Mr Speaker
- Hansard - -

I have certainly received no such indication at all. The Prime Minister was here today. To be fair, she has been a most assiduous attender in the Chamber, in making statements to the House and responding to questions, often for very appreciable periods of time. Obviously, she will be here next week for Prime Minister’s questions, and we fully anticipate and look forward to that. I have received no such notification. I am aware of media reports, but I would not have been present at any meetings that took place earlier this afternoon, for obvious reasons. The hon. Gentleman has made his own points in his own way, with his customary style and puckish grin.

Nigel Huddleston Portrait Nigel Huddleston (Mid Worcestershire) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. You have commented previously that your determinations—your rulings in this place—depend on precedents, context and circumstances. Many of us believe that the context of a meaningful vote 3 has changed in the light of the votes this evening. Could you provide some guidance as to what would constitute context and circumstances changing in your mind, so that we can be assured as to whether or not a meaningful vote 3 is possible?

John Bercow Portrait Mr Speaker
- Hansard - -

I think the hon. Gentleman can readily extrapolate from things that I have said before on this matter. I made a clear statement on 18 March, and I responded to a miscellany of questions on that occasion, possibly including an inquiry from him—I do not recall for certain but there might have been such. On that occasion, I indicated that it seemed to me that there was a matter not just of precise wording but of thrust: what was the essential thrust of the proposition that was being put, and had it changed or had it not. I invoked evidence, in support of the propriety of the second vote on 12 March, of the publication of documents consequent upon discussions that took place with the European Union. Those were examples it seemed to me of facts, of evidence and of circumstances that were relevant. I note the opinion of the hon. Gentleman that the situation has in some way now changed. He is perfectly entitled to that opinion. One has to look at the specifics. If people come with specifics, the specifics are considered. As a wise and discerning fellow, who is unfailingly fair-minded, I feel sure that the hon. Gentleman will appreciate the wisdom of such an approach.

Sarah Wollaston Portrait Dr Sarah Wollaston (Totnes) (Ind)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. This is both a national tragedy and a national embarrassment. Is this situation not partly down to the fact that we tried to reduce a complex issue with very many possible versions of Brexit into a simple, binary choice? Does this evening not demonstrate that we must now set out clearly what the choice is and return it to the British people? Will you confirm, Mr Speaker, that the greatest number of votes cast today were for a confirmatory public vote on a defined choice?

John Bercow Portrait Mr Speaker
- Hansard - -

The factual record speaks for itself. The political point that the hon. Lady perfectly reasonably makes—it is not a party political point, of course—is not one for me, but she has made her point with her typical sincerity and sense of insistence on what she believes to be right, and I respect that. How these proceedings—in all the time I have known the hon. Lady, she has been concerned about this—are viewed by people outwith this place, I do not know. However, it seems to me, if I may say so, that it is a matter not just of the content of what is said but of how it is said that is of the foremost importance. In my experience, the hon. Lady plays the ball rather than the man or woman. If we can, albeit amid inflamed passions and strong conflicts of opinion, maintain that basic respect for each other and that civility of discourse, that has to be in our interests, both in respect of this issue and reputationally for the future.

Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. Further to the points of order made by my hon. Friends the Members for Chelmsford (Vicky Ford) and for Mid Worcestershire (Nigel Huddleston), I am not seeking to challenge what you are saying, Sir, but may I ask you what scope exists? We are clearly in uncharted waters and difficult times for both Parliament and the country. Does the scope exist for you to consider overnight, perhaps taking advice from Clerks or others, and reflect on the criteria for the material changes to which you alluded in your statement earlier in the sitting with regard to the Government’s being able to bring back a meaningful vote 3? If you could reflect on the criteria that would allow it to happen and realise that, as you have rightly said, this Parliament cannot be hog-tied just by precedent—we are an organic democracy and Parliament—I think that, given the circumstances raised by both of my hon. Friends and others, that could be done, and it might be wise to be done to facilitate still further this ongoing debate, further to Monday.

John Bercow Portrait Mr Speaker
- Hansard - -

I hear what the hon. Gentleman says. Colleagues talk to each other and I talk to senior Members of the House—representatives of the Government, Law Officers and others—from time to time. I do not say it at all unkindly but I do not feel that the hon. Gentleman has put to me anything that has added to what has already been said; he has to some extent attempted to reinforce the views that have been expressed by other colleagues and with which he may himself sympathise. In so far as he feels he has made his point—and he has made his point—I am greatly obliged to him.

Simon Hoare Portrait Simon Hoare
- Hansard - - - Excerpts

Further to that point of order, Mr Speaker—

John Bercow Portrait Mr Speaker
- Hansard - -

No, no, there is no further to it. The hon. Gentleman has made his point, I have responded to it, and that is that.

Wera Hobhouse Portrait Wera Hobhouse (Bath) (LD)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. Given that no single option has so far found a majority in this House, would it not be sensible to suggest to those who can do a bit of math, and in the spirit of compromise, that we put together two options that are not mutually exclusive? For example, we could put together a people’s vote with the deal suggested by the Prime Minister, because in that way a combined option might actually make it over the line.

John Bercow Portrait Mr Speaker
- Hansard - -

I hear what the hon. Lady said, but I do not think it is for me to adjudicate. Colleagues talk to each other, all sorts of propositions are advanced, and they sometimes reflect compromises between people who are of a very different mind and sometimes between people of a similar mind but a different tactic. Anything is possible. It is a good question but, if the hon. Lady will forgive me—I do not mean this critically—it is inevitably an abstract question, in that it does not attend to one particular circumstance, so it is not something on which I can give a verdict. But is it possible for colleagues to communicate with each other about these things in the period ahead, both in the short term and in the medium term? Of course it is possible, and I feel sure that people will do so.

Gareth Snell Portrait Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. Further to the point of order raised by my hon. Friend the Member for Vauxhall (Kate Hoey) about the selection of amendments today—I have the sincerest deference to your decisions and do not seek to challenge them—the motion laid by the right hon. Member for West Dorset (Sir Oliver Letwin) on Monday did not specifically refer to the Order Paper of the following Monday being taken up for more indicative votes. Would it be in order if, on Monday, a third day was sought for indicative votes, given that that was not specified in the original motion? Would it therefore be possible to consider amendments to that motion on Monday, so that we do not end up with further days to repeat this process being claimed every day, with our ending up no further forward in this exercise?

John Bercow Portrait Mr Speaker
- Hansard - -

It would be perfectly possible for an amendment to any business of the House motion on Monday to be put to me for consideration. In other words, if the hon. Gentleman is asking, for the sake of simplicity, if he could have another go, it would be perfectly open to him to have another go. I am not going to give him any advance promise or indication of likely judgment, but it is perfectly possible for that matter to be considered in the round. He may want to take his chances if that scenario plays out.

EU: Withdrawal and Future Relationship (Motions)

John Bercow Excerpts
Wednesday 27th March 2019

(5 years, 8 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
John Bercow Portrait Mr Speaker
- Hansard - -

We now come to the motions relating to the United Kingdom’s withdrawal from and future relationship with the European Union. I inform the House that I have selected the following motions for decision by recorded vote: motion (B), in the name of Mr John Baron; motion (D), in the name of Mr Nicholas Boles; motion (H), in the name of Mr George Eustice; motion (J), in the name of Mr Kenneth Clarke; motion (K), in the name of the Leader of the Opposition; motion (L), in the name of Joanna Cherry; motion (M), in the name of Dame Margaret Beckett; and motion (O), in the name of Mr Marcus Fysh.

I shall, ere long, call John Baron to open the debate—[Interruption] No, he does not need to be unduly concerned. He will do so by moving his motion (B), with which it will be convenient to debate all other selected motions on the Order Paper. Debate may continue until 7 pm.

The first signatory of each of these motions has until 4 pm to inform me that they do not wish a recorded vote to take place on their motion. Shortly after 4 pm, I will confirm, on the strength of the intelligence I have received, my selection of motions. At that point, colleagues, voting forms will be printed. They will be available from the Vote Office and in the Division Lobbies from approximately 6.30 pm. An announcement will be made on the Annunciator when they are available. The forms will look very similar to deferred Division forms except that they will be green, and they will list the title and letter of the selected motions. The text of the motions is in the Order Paper. Moreover, I hope it will be judged to be for the convenience of the House, and it has been requested of me, that large numbers of copies of the Order Paper will be available in the Division Lobbies.

The voting period is expected to start shortly after 7 pm and will last for half an hour. During that time, I will suspend the House. The Annunciator will display the end time of the voting period. Members with surnames from A to K should hand in their forms in the Aye Lobby, at the relevant desk for their surname, and Members with surnames from L to Z should hand in their forms in the No Lobby, at the relevant desk. As with deferred Divisions, Members may not vote Aye and No to the same motion.

Mark Francois Portrait Mr Mark Francois (Rayleigh and Wickford) (Con)
- Hansard - - - Excerpts

Unless they’re in the Cabinet. [Laughter.]

John Bercow Portrait Mr Speaker
- Hansard - -

I shall not respond to that disorderly heckle.

However, if that were to happen—what I have just counselled should not—the vote would not be counted. As with deferred Divisions, Members may not hand in forms on behalf of other Members. Each Member must hand in his or her own form. Members with proxy votes in operation will need to get their nominated proxy to hand in their form. A short note is being made available in the Vote Office confirming these arrangements.

I will announce the results in the Chamber as soon as they are ready, which will certainly not be before the conclusion of proceedings on the statutory instrument relating to exit day. The results of the votes will be published in the same way as deferred Divisions: on the CommonsVotes website and app, and in Hansard, showing how each hon. Member voted on each motion.

Colleagues, last Monday—18 March—I made a statement to the House explaining the standard which would have to be reached for me to allow another so-called meaningful vote under the statutory framework provided in the European Union (Withdrawal) Act 2018. I cited page 387 of “Erskine May” and concluded that a proposition which is the same, or substantially the same, may not be brought forward again during the same parliamentary Session. This Monday—25 March—in the course of answering questions following her statement, the Prime Minister accepted this constraint, saying:

“I am very clear about the strictures that Mr Speaker gave when he made his statement last week, and were we to bring forward a further motion to this House, we would of course ensure that it met the requirements he made.”—[Official Report, 25 March 2019; Vol. 657, c. 32.]

I understand that the Government may be thinking of bringing meaningful vote 3 before the House either tomorrow, or even on Friday, if the House opts to sit that day. Therefore, in order that there should be no misunderstanding, I wish to make it clear that I do expect the Government to meet the test of change. They should not seek to circumvent my ruling by means of tabling either a “notwithstanding” motion or a paving motion. The Table Office has been instructed that no such motions will be accepted.

I very much look forward, colleagues, to today’s debate and votes, which give the House the chance to start the process of positively indicating what it wants. To move the first motion, I call the hon. Member for Basildon and Billericay (Mr Baron).

John Baron Portrait Mr John Baron (Basildon and Billericay) (Con)
- Hansard - - - Excerpts

I beg to move motion (B),

That this House agrees that the UK shall leave the EU on 12 April 2019 without a deal.

John Bercow Portrait Mr Speaker
- Hansard - -

With this it will be convenient to discuss the following motions:

Motion (D)—Common market 2.0

That this House—

(1) directs Her Majesty’s Government to— renegotiate the framework for the future relationship laid before the House on Monday 11 March 2019 with the title ‘Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom’ to provide that, on the conclusion of the Implementation Period and no later than 31 December 2020, the United Kingdom shall—

(a) accede to the European Free Trade Association (Efta) having negotiated a derogation from Article 56(3) of the Efta Agreement to allow UK participation in a comprehensive customs arrangement with the European Union,

(b) enter the Efta Pillar of the European Economic Area and thereby render operational the United Kingdom’s continuing status as a party to the European Economic Area Agreement and continuing participation in the Single Market,

(c) enter a comprehensive customs arrangement including a common external tariff at least until alternative arrangements that maintain frictionless trade with the European Union and no hard border on the island of Ireland have been agreed with the European Union,

(d) conclude an agreement with the European Union, which in accordance with Article 2 of the Protocol on Ireland/Northern Ireland of the Withdrawal Agreement supersedes the Protocol on Ireland/Northern Ireland in full;

(e) develop and bring to this House proposals for full and fair enforcement of the rule that EEA migrants must be “genuinely seeking work” and have “sufficient resources not to become a burden on the UK’s social assistance system”, in accordance with the Immigration (European Economic Area) Regulations 2006;

(2) resolves to make support for the forthcoming European Union (Withdrawal Agreement) Bill conditional upon the inclusion of provisions for a Political Declaration revised in accordance with the provisions of this motion to be the legally binding negotiating mandate for Her Majesty’s Government in the forthcoming negotiation of the future relationship between the United Kingdom and the European Union.

Motion (H)—EFTA and EEA

That this House recognises the democratic duty of Parliament to respect the result of the 2016 referendum whilst securing an orderly departure from the EU that preserves the territorial integrity of the United Kingdom of Great Britain and Northern Ireland; notes that the UK is a signatory to the treaty establishing the European Economic Area and has not given notice to leave the EEA as is required under Article 127 of that agreement; further notes that the UK was a founding member of the European Free Trade Association in 1960 and therefore call on the Government to (a) assert its existing rights as a signatory to the EEA, (b) take necessary steps to make our rights and obligations as an EEA member operable on an emergency basis through the domestic courts, (c) apply to re-join EFTA at the earliest opportunity to make the EEA agreement operable on a sustainable basis and (d) decline to enter a customs union with the EU but seek agreement on new protocols relating to the Northern Ireland border and agri-food trade.

Motion (J)—Customs union

That this House instructs the Government to:

(1) ensure that any Withdrawal Agreement and Political Declaration negotiated with the EU must include, as a minimum, a commitment to negotiate a permanent and comprehensive UK-wide customs union with the EU;

(2) enshrine this objective in primary legislation.

Motion (K)—Labour’s alternative plan

That this House requires Ministers to:

(a) negotiate changes to the draft Withdrawal Agreement and Political Declaration so as to secure:

(i) a permanent customs union with the EU;

(ii) close alignment with the single market underpinned by shared institutions and obligations;

(iii) dynamic alignment on rights and protections;

(iv) commitments on participation in EU agencies and funding programmes, including in areas such as the environment, education, and industrial regulation;

(v) agreement on the detail of future security arrangements, including access to the European Arrest Warrant and vital shared databases; and

(b) introduce primary legislation to give statutory status to the objectives set out in paragraph (a).

Motion (L)—Revocation to avoid no deal

If, on the day before the end of the penultimate House of Commons sitting day before exit day, no Act of Parliament has been passed for the purposes of section 13(1)(d) of the Withdrawal Act, Her Majesty’s Government must immediately put a motion to the House asking it to approve ‘No Deal’ and, if the House does not give its approval, Her Majesty’s Government must ensure that the notice given to the European Council under Article 50, of the United Kingdom’s intention to withdraw from the European Union, is revoked in accordance with United Kingdom and European Union law.

Motion (M)—Confirmatory public vote

That this House will not allow in this Parliament the implementation and ratification of any withdrawal agreement and any framework for the future relationship unless and until they have been approved by the people of the United Kingdom in a confirmatory public vote.

Motion (O)—Contingent preferential arrangements

That this House directs that in case the UK is unable to implement a Withdrawal Agreement with the EU, Her Majesty’s Government shall seek to agree immediately and preferentially with the EU:

(a) a trade agreement and/or joint notification of trade preference covering 100 per cent of goods traded between the UK and EU under which no tariffs or quantitative restrictions will be applied between the parties and full cumulation of rules of origin which shall apply for a period of up to two years after the UK leaves the EU notwithstanding that these arrangements may be superseded or extended by further mutual agreement;

(b) a standstill period of mutual recognition of standards and conformity assessment for up to two years in which the UK will ensure compliance in the UK with the EU legislative acquis as adopted in Retained EU law under the EU Withdrawal Act on the day the UK leaves the EU notwithstanding that these arrangements may be superseded or extended by further mutual agreement;

(c) a customs arrangement consisting of advanced trade facilitation measures that enables and makes full and widespread use of simplified and subsidised procedures to perform customs and regulatory declarations and associated control processes away from UK/EU borders; and

(d) make provision for the payment of sums to the European Union in amounts equivalent to the UK’s current net annual financial contribution to the EU for up to two years in respect of the above agreements and arrangements.

John Baron Portrait Mr Baron
- Hansard - - - Excerpts

Thank you, Mr Speaker, for choosing this motion.

I refer right hon. and hon. Members to motion (B)—[Interruption.]

John Bercow Portrait Mr Speaker
- Hansard - -

Order. I should be most grateful if—

Bob Seely Portrait Mr Bob Seely (Isle of Wight) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker.

John Bercow Portrait Mr Speaker
- Hansard - -

No, no—I have already called the hon. Member for Basildon and Billericay and he has started to speak. In any case, I am on my feet, so the hon. Gentleman should not rise to his feet while I am on mine. Somebody as concerned with procedure as the hon. Gentleman might usefully become acquainted with that important procedural fact.

I was just going to appeal to colleagues—and I think the intervention has helped me to do so—to leave the Chamber quickly and quietly so that we can proceed with the debate and each contributor enjoys the respectful attention of the House which he or she deserves.

John Baron Portrait Mr Baron
- Hansard - - - Excerpts

Thank you, Mr Speaker.

Just so that the House is absolutely clear, my motion (B) reads:

That this House agrees that the UK shall leave the EU on 12 April 2019 without a deal.

May I suggest to the House that, as we stand at this point in time, this is, in law, the default position of triggering article 50? We all knew, those of us who were here and voted for it in February 2017, what we were voting for: the motion simply said that we would leave the EU on 29 March with or without a deal, and we passed it by 384 votes.

--- Later in debate ---
Lady Hermon Portrait Lady Hermon (North Down) (Ind)
- Hansard - - - Excerpts

I am most grateful to the hon. Gentleman for allowing me to intervene. Let me take a moment to remind the House and in particular the hon. Gentleman that Northern Ireland has not had a Government since January 2017. We have no Ministers in Northern Ireland. The head of the Northern Ireland civil service has warned as recently as the beginning of this month of the “grave” consequences for Northern Ireland if we were to leave without a deal. Does the hon. Gentleman have any respect at all for the head of the civil service in Northern Ireland or indeed for the people of Northern Ireland?

John Bercow Portrait Mr Speaker
- Hansard - -

Before the hon. Gentleman responds, it might be helpful to the House if I explain that no fewer than 47 Members are seeking to contribute to the debate from the Back Benches, plus three Front Benchers, with a very constrained timetable. Speeches of more than about five minutes will render it impossible for everybody else to speak. The hon. Gentleman did not know that when I called him, although he could have reckoned with the likelihood of substantial demand. Economy is of the essence.

--- Later in debate ---
John Baron Portrait Mr Baron
- Hansard - - - Excerpts

I will not.

I have to take at face value those reassurances by Ministers that we are indeed prepared for no deal. There is a prevalent argument that no deal would lead to disaster not only in this place but outside it. I respectfully point out that the people making that argument are often the very same ones who predicted doom and gloom in 2016; they said that would be the result if we voted to leave. Some of the predictions were so dire that they were beyond credibility. We had predictions that 500,000 extra people would be unemployed by December 2016 if we voted to leave; some estimates put it up to 700,000. We had predictions of self-made recessions. We even had predictions of conflict on the continent of Europe. They were all proved wrong. The Bank of England—for the first time in its history, to my knowledge—had to publicly apologise for getting it so badly wrong.

What has happened since then? We have had record low unemployment, record high manufacturing output and record investment, and those decisions in the last two or three years have been made in the full knowledge that we could be leaving the EU with no deal and on WTO terms. I gently remind Members that investment is about comparative advantage. It is about such factors as, what is our corporation tax rate compared with other countries? How flexible is our labour market? What about our top universities? What about our financial expertise? In total, those are of greater influence when it comes to investment than 3% to 7% WTO tariffs. I ask the House to reflect on that, because there are too many wild predictions flying around this place, when the discussion should be based on economic reality.

I would go one stage further. If we introduce a fair and controlled immigration policy, wages will rise faster in this country than if that immigration policy were not in place. That is what Lord Rose, who was leader of the remain campaign leading up to the referendum, said in front of the Treasury Committee. Scare stories that we are all heading for doom and gloom and that goods will no longer traverse customs unions and trading blocs around the world, which they already do, are very wide of the mark. Let us base this discussion and the votes tonight on economic reality. Much as a few Opposition Members—particularly the SNP—do not like to admit it, we are doing rather well economically, and as I said, those decisions have been based on the possibility of us leaving on no-deal terms.

Given your guidance on timings, Mr Speaker, I will bring my comments to a close. I appeal to the House for rational consideration with regard to no deal. There are a lot of scare stories out there, but this is a repeat of 2016. Those scare stories were wrong then and they are wrong now. Let us have a note of optimism about the future of this country and the capability of this country, and let us back this country. If we cannot get a good deal, let us get back to economic reality and realise that we already trade profitably with the majority of the world’s GDP outside the EU on WTO terms, and there is no reason why we cannot trade with the EU on such terms. I recommend that the House support motion (B).

John Bercow Portrait Mr Speaker
- Hansard - -

As the hon. Gentleman has completed his oration in a timely way, we now proceed to the next contributor to the debate, and I am proposing what might be called an indicative time limit of five minutes.

--- Later in debate ---
Owen Paterson Portrait Mr Paterson
- Hansard - - - Excerpts

On a point of order, Mr Speaker. The hon. Gentleman named me and I think it is a convention that the named Member can answer back. He used a quote from a television programme—

John Bercow Portrait Mr Speaker
- Hansard - -

Order. I am sorry, but the right hon. Gentleman cannot make his point via a point of order. What he describes is customary, but not obligatory. It is not for me to say that people can or cannot intervene and I am not seeking to do so. I am just reminding the House of the time constraints under which we operate.

Stephen Kinnock Portrait Stephen Kinnock
- Hansard - - - Excerpts

Thank you, Mr Speaker.

The safeguards give countries a qualified but unilateral treaty-based right to suspend freedom of movement if a country believes that it is suffering

“serious societal or economic difficulties.”

The measures in essence reflect what David Cameron tried but failed miserably to negotiate with the EU before the 2016 referendum. They would end the seemingly limitless nature of EU migration that concerns many voters.

It is often said that the UK would become a rule taker, but that is a ludicrously simplistic view. Under the terms of common market 2.0, the UK would leave the jurisdiction of the European Court of Justice and therefore end the principle of direct effect. That is because the EFTA Court that the UK would join respects national sovereignty in a way that the ECJ does not. New laws have to be approved by each nation and their national Parliament. It is also worth noting that we would have one in four EFTA Court judges rather than one in 28 EU judges, and that only one third of EU law applies to the EEA anyway.

We would restore policy-making powers in vast areas, including agriculture, fisheries, foreign affairs, security, justice and home affairs, and taxation. Although the EFTA states take on most single market rules, it is worth remembering that they enjoy the option to delay, adapt or derogate from any single market law or directive. Any decision to incorporate law must be unanimous, so that would give us not a vote in the EU process—because of course we are leaving the institutions—but a veto at national level. Norway and Iceland have derogated from EU law on more than 400 occasions.

The Norwegian Prime Minister has made it clear that her country is ready to facilitate our joining the EEA via the EFTA pillar. Michel Barnier has always said that a so-called Norway-plus deal would work and that it had not been considered only because of the Prime Minister’s red lines.

Our common market 2.0 motion brings together leavers and remainers and three different parties. That breadth of support is extraordinary and unique. I am not sure that any other option has that spread of remain and leave opinion—certainly not revocation, a no-deal Brexit or a confirmatory vote. We need to find a way that not just unites the House on a solution that will get us out of the constitutional and political crisis, but begins to reunite our deeply divided country. It is time for British politics to rediscover the lost art of compromise. It is time for the House to support motion (D), and I genuinely hope that Members of all parties will join me in the Lobby to do so.

--- Later in debate ---
None Portrait Several hon. Members rose—
- Hansard -

John Bercow Portrait Mr Speaker
- Hansard - -

Order. Before I call the next speaker, I can tell the House that no lead sponsors have informed me—and I indicated that they needed to do so before 4 pm—that they do not wish a recorded vote to take place on their motion. I can therefore confirm that the motions on which Members will be able to vote are as previously announced, namely (B) for Baron, (D) in the name of Nick Boles, (H) in the name of George Eustice, (J) in the name of Mr Kenneth Clarke, (K) in the name of the Leader of the Opposition, (L) in the name of Joanna Cherry, (M) in the name of Margaret Beckett, and (O) in the name of Mr Marcus Fysh.

--- Later in debate ---
Toby Perkins Portrait Toby Perkins (Chesterfield) (Lab)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. The hon. Gentleman has been on his feet for five minutes, but he has not yet had an opportunity to tell us why we should vote for his motion. Would you encourage him to tell us about motion (O), rather than what is wrong with all the other motions?

John Bercow Portrait Mr Speaker
- Hansard - -

Yes, and it would be best if the hon. Member for Yeovil (Mr Fysh) would expedite the process in the light of the number of colleagues who wish to contribute.

Marcus Fysh Portrait Mr Fysh
- Hansard - - - Excerpts

That is exactly what I was getting to. Motion (O) is about what happens in the circumstances that we cannot agree a withdrawal agreement for one reason or another, and there are a host of circumstances where that might occur. The European Union might not want to do that. It might not want to extend; all sorts of different permutations could have an impact. I do not think that this House is going to revoke article 50, because that really would be a finger in the eye to the public, so we need to have a plan B. This sets out a plan B arrangement—a contingency arrangement. It is, in essence, a two-year stop-gap arrangement to facilitate trade and allow space for our longer-term negotiation to take place. It consists, in effect, of having a trade preference with no tariffs and no quantitative restrictions, with mutual recognition of standards and conformity assessment. It involves having a customs arrangement but one that consists of advance trade facilitation measures. We are prepared to pay money for that and to agree potentially other measures that are within the withdrawal agreement; the EU will no doubt want to try to agree some of the things, such as on geographical indications, that we have agreed.

This is a practical approach and a compromise that was discussed in the Malthouse process, showing what to do as a back-up if we cannot get anything else done. It is a very fair settlement. It does involve money, contrary to what the Secretary of State said. We know that EU business wants to trade with us. We now know that the EU and Ireland have no intention of putting up a hard border. I have no doubt that they have seen the alternative arrangements that we have proposed and that that is how they would want to implement things. So that is how we are going to do this.

This is simple to agree. It does not prejudice the future relationship with the EU, so we can keep talking about that. It is pro-trade and pro-business with the EU as well as the rest of the world. It honours the referendum and our manifesto. I commend it to the House.

--- Later in debate ---
None Portrait Several hon. Members rose—
- Hansard -

John Bercow Portrait Mr Speaker
- Hansard - -

Order. A five-minute limit on Back-Bench speeches must now apply with immediate effect.

--- Later in debate ---
Baroness Hoey Portrait Kate Hoey
- Hansard - - - Excerpts

My hon. Friend is quite right. On that basis, we would have to have general elections practically every month. Some people might change their minds the day after they voted. We cannot go down the road.

I have a big remain constituency, but I have made very clear from day one—and I shall have been in this place for 30 years in June—that I want us to get out of the EU. Everyone has known my views, so I have no apology to make for campaigning to leave. A constituent wrote to me saying that he had thought that the manifestos of the Labour party and Conservative party—the two main parties—had said, “We will implement the result of the referendum.” There is nothing difficult about the word “leave”. It is very simple. Members have deliberately made it difficult here.

My constituent wrote:

“Can we the electorate now expect that anything promised in a manifesto is to be honoured, that it should be written into law, that, if you promise a course of action, you must follow through and make it happen.”

Why, he asked, do party leaders order three-line whips so that what they promised in the manifesto can be reneged on?

I think that we are in a very dangerous situation in the House. We are trying to thwart the will of the people, but democracy cannot be compromised. Outside, there is huge anger. We may not see it here in London, particularly in areas where there was a large remain vote, but there is huge anger elsewhere, and it is growing. We have backed ourselves into a hole, and now the only way out is for us either to leave with a World Trade Organisation agreement, or to find a way in which the withdrawal agreement can be changed so that we can accept it—and that means that there must be a change in the backstop.

Nearly all the motions involve compromise. I make no apology for saying that I do not think we should be compromising with the electorate. I mean no criticism of you, Mr Speaker, but it is very unfortunate that motion (E) was not selected, because it is the one motion that we could all have gone along with, if we believed in the referendum result. Anyone who votes to revoke tonight is actually saying, “We do not accept that result— we never did, and we never will.” I hope that that motion will be turned down.

John Bercow Portrait Mr Speaker
- Hansard - -

I have now to announce the results of the deferred Divisions held earlier today. I shall do so with the greatest possible dispatch.

The Question relating to relationships and sex education requires a majority of Members of the House and a majority of Members representing constituencies in England if it is to be agreed to. The totals for Members of the House were as follows: the Ayes were 538 and the Noes were 21. The totals for Members representing constituencies in England were as follows: the Ayes were 482 and the Noes were 14, so the Ayes have it.

In respect of the Question relating to animal welfare, the Ayes were 322 and the Noes were 15, so the Ayes have it. In respect of the Question relating to rural development, the Ayes were 316 and the Noes were 239, so the Ayes have it. In respect of the Question relating to rural development, with, in brackets—I merely remind the House of what it knows itself—the words “Rules and Decisions”, the Ayes were 316 and the Noes were 240, so the Ayes have it.

--- Later in debate ---
Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
- Hansard - - - Excerpts

I am happy that we have got this far in spite of the Government’s attempts to derail the process, but I am sad that we are having the first attempt at this sort of dialogue 1,007 days after 23 June 2016.

I am pleased that the tone has been broadly positive, with people setting out their views on the different options before us. However, I must speak strongly against motion (B)—the no-deal option tabled by the hon. Member for Basildon and Billericay (Mr Baron)—because anyone who advocates no deal is not participating in rational discourse, as I think he called it. No one advocating no deal could possibly have recently spoken to business, the police, the NHS, UK citizens in the EU, or EU citizens in the UK, because there are no-deal implications for all of them. I therefore hope that no deal gets soundly defeated today.

Turning to motion (D), while a common market 2.0 could be one of the best of the available options, it could also possibly be one of the worst, because it would leave us as rule takers not rule makers. It would also enable those who are antagonistic towards the EU to carry on their campaign on the basis that we would have to sign up to a large part of the EU’s agenda, including making financial contributions, without having any say in the goings-on. In many ways, it probably represents a halfway house before another push to leave the European Union at some point, so I hope that that option will not be supported either.

I am afraid that a number of other motions before us fall into the category of unicorns or wishful thinking. The idea that things can be renegotiated at very short notice in the time that might be available, with new protocols and arrangements found that have not been found in the last two and a half years, is wishful thinking. Of course, anything we do requires the European Union to agree to an extension. Some of the motions, such as the customs union proposal, are not unicorns but are far too unambitious in the arrangement they seek with the European Union.

I will focus on two motions in my last couple of minutes. I am pleased that the hon. and learned Member for Edinburgh South West (Joanna Cherry) tabled motion (L) with cross-party support, underlining that revoking article 50 remains a possibility for the United Kingdom, and should be a possibility up to the very last moment. We need the ability to block a no-deal scenario, which is what revocation is there for. I am pleased a cross-party effort was involved in the case that went to the European Court of Justice to secure confirmation that the UK can revoke article 50 at any point prior to our departure.

On motion (M), as other Members have commented, I hope the oratory of the right hon. Member for Derby South (Margaret Beckett) will have convinced many in this Chamber, and not just those who are already signed up to the idea, to come in behind a confirmatory public vote. As many Members have said this afternoon, and as I am sure others will say before the debate is over, the explanation given a thousand days ago on what would be on offer in our leaving the European Union is clearly not what will be deliverable. If the House decides to proceed with some of the motions today, they are clearly not what was voted on two and a half years ago. Certainly they are not what the Prime Minister says is representative of Brexit, which is why I think this has to go back to a confirmatory public vote. With the level of cross-party support for such a vote, I hope it is something we will be able to proceed with when we get to the next stage.

John Bercow Portrait Mr Speaker
- Hansard - -

Order. I am immensely grateful to the right hon. Gentleman.

--- Later in debate ---
None Portrait Several hon. Members rose—
- Hansard -

John Bercow Portrait Mr Speaker
- Hansard - -

Order. After the House has heard from the hon. Member for Sedgefield (Phil Wilson), I am afraid that it will be necessary to reduce the time limit on Back-Bench speeches to three minutes, in an attempt to accommodate as many colleagues as possible.

--- Later in debate ---
Wera Hobhouse Portrait Wera Hobhouse (Bath) (LD)
- Hansard - - - Excerpts

In 2016, 17.4 million people voted to leave the EU. Today, after almost three years, we still have at least six different Brexit versions in front of us. None of them was on the ballot paper for the people to vote for in 2016. Each defender of their Brexit option makes some claim that it represents the will of the people. That is why we need to test the will of the people in 2019 and to give them a specific Brexit option versus the option of staying in the EU.

Personally, I am pretty agnostic about what is a better or worse Brexit option. All I want to see as an outcome of today’s exercise is that whatever Brexit option we decide on here is put back to the people. The people might reconfirm that they wish to leave the EU, but in 2019, everybody who wants to leave the EU will know exactly what they are voting for rather than there being a long wish list of hopes, aspirations and undeliverable promises. Yes, referendums are difficult, but they are democratic. We should not be threatened by those who tell us that they will riot in the streets if there is another referendum.

On Saturday, between 1 million and 2 million people marched peacefully in the streets of London—young and old, from all backgrounds, from different political parties and none. Do they not count? Are they not the real British people, determined but polite? Does Parliament listen to people only when they throw stones or send us death threats? “Put it to the people” was a peaceful ask from the biggest march so far this century. Let us hold the 2019 people’s vote. Whatever Brexit solution finds a consensus in this Parliament must go back to the people. The people must finish what the people started.

John Bercow Portrait Mr Speaker
- Hansard - -

I was looking for a particular Member, but he beetled out of the Chamber at an inopportune moment. If he had been in the Chamber at an opportune moment, I might have invited him to address the House, but he has missed his opportunity.

In accordance with the Order of the House of today, we will shortly proceed to vote on the motions I have selected. Voting forms are available from the Vote Office and in the Division Lobbies. The forms list the title and letter of the selected motions. The text of the motions is on the Order Paper. As I indicated at the outset, Members with surnames from A to K should hand in their forms in the Aye Lobby at the relevant desk for their surname, and Members with surnames from L to Z should hand in their forms in the No Lobby at the relevant desk. The Division bells will be rung two minutes before the House resumes. The voting period will begin at 7 o’clock and last for 30 minutes. I suspend the House accordingly for that period.