Leaving the EU: Business of the House

John Bercow Excerpts

Wednesday 12th June 2019 Commons Chamber

[Mr Sheerman]

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?

[Mr Speaker]

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.

[Stephen Barclay]

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.

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[Anna Soubry]

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?

[Mr Speaker]

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.

[Stephen Barclay]

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.

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[Mrs Main]

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.

[Mr Speaker]

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]

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.

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[Mr Kenneth Clarke]

rose—

[Mr Speaker]

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?

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[Several hon. Members rose—]

[Mr Speaker]

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.

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[Several hon. Members rose—]

[Mr Speaker]

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 Commons Chamber

[Stephen Barclay]

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.

[Mr Speaker]

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.

[Jenny Chapman (Darlington) (Lab)]

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.

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[Stephen Barclay]

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

[Mr Speaker]

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 Commons Chamber

[Mr Speaker]

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 (Normanton, Pontefract and Castleford) (Lab)]

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

[Mr Speaker]

With this it will be convenient to discuss the following:

Lords amendments 2 to 4.

Lords amendment 5, and amendment (a) thereto.

[Yvette Cooper]

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.

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[Mr Speaker]

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.

[Sir William Cash]

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.

[Ms Angela Eagle (Wallasey) (Lab)]

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?

[Mr Speaker]

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?

[Sir William Cash]

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.

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[Mr Speaker]

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 Commons Chamber

[Several hon. Members rose—]

[Mr Speaker]

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

[Mr Adrian Bailey (West Bromwich West) (Lab/Co-op)]

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

[Mr Speaker]

Ah! A sense of anticipation is now building up.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

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

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[Stephen Barclay]

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.

[Mr Speaker]

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 (Kingston upon Hull North) (Lab)]

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

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[Several hon. Members rose—]

[Mr Speaker]

Order.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

On a point of order, Mr Speaker.

[Mr Speaker]

We will take points of order after the urgent question.

European Union (Withdrawal) (No. 5) Bill

John Bercow Excerpts

2nd reading: House of Commons
Wednesday 3rd April 2019 Commons Chamber

[Mr Speaker]

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.

[Sir William Cash (Stone) (Con)]

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?

[Mr Speaker]

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 (Bishop Auckland) (Lab)]

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.

[Sir Edward Leigh (Gainsborough) (Con)]

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?

[Mr Speaker]

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

[Helen Goodman]

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.

[Mr Speaker]

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.

[Mr Shailesh Vara (North West Cambridgeshire) (Con)]

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

[Mr Speaker]

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).

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

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?

[Mr Speaker]

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.

[Mr Vara]

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?

[Mr Speaker]

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.

[Mr Vara]

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

[Mr Speaker]

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.

[Sir William Cash]

rose—

[Mr Speaker]

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.

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[Sir William Cash]

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?

[Mr Speaker]

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.

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[Several hon. Members rose—]

[Mr Speaker]

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.

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[Several hon. Members rose—]

[Mr Speaker]

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.

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[Tom Brake (Carshalton and Wallington) (LD)]

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—

[Mr Speaker]

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

[Tom Brake]

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.

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[Antoinette Sandbach]

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.

[Mr Speaker]

The time limit is reduced to two minutes.

[Joanna Cherry (Edinburgh South West) (SNP)]

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.

[Mr Speaker]

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.

[Sir William Cash (Stone) (Con)]

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.

[Mr Speaker]

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

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Bill read a Second time; to stand committed to a Committee of the whole House (Order, this day).

[Mr Speaker]

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

[Sir William Cash]

On a point of order, Mr Speaker.

[Mr Speaker]

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

[Sir William Cash]

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.

[Mr Speaker]

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

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 3rd April 2019 Commons Chamber

[Mr Charles Walker (Broxbourne) (Con)]

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.

[Mr Speaker]

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.

[Mr Peter Bone (Wellingborough) (Con)]

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!

[Mr Speaker]

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.

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

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.

[Mr Speaker]

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

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

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.

[Mr Speaker]

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.

[Mr Steve Baker (Wycombe) (Con)]

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.

[Mr Speaker]

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 (Glasgow East) (SNP)]

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.

[Mr Speaker]

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.

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

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.

[Mr Speaker]

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]

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

[Mr Speaker]

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

[Hilary Benn (Leeds Central) (Lab)]

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.

[Mr Speaker]

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 Commons Chamber

[Mr Speaker]

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 (Chelsea and Fulham) (Con)]

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?

[Mr Speaker]

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.

[Mr John Baron (Basildon and Billericay) (Con)]

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.

[Mr Speaker]

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.

[Several hon. Members rose—]

[Mr Speaker]

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 (Dover) (Con)]

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?

[Mr Speaker]

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.

[Mrs Anne Main (St Albans) (Con)]

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.

[Mr Speaker]

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—

[Mrs Main]

indicated dissent.

[Mr Speaker]

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.

[Mrs Main]

rose—

[Mr Speaker]

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

[Mrs Main]

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).

[Mr Speaker]

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.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

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.

[Mr Speaker]

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 ---

[Mr Clarke]

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.]

[Mr Speaker]

Order.

[Mr Clarke]

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 ---

[Several hon. Members rose—]

[Mr Speaker]

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]

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.]

[Mr Speaker]

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 (Cardiff South and Penarth) (Lab/Co-op)]

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.

[Mr Speaker]

Thank you. I suggest that we proceed.

[Peter Kyle]

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 ---

[Mr Nigel Evans]

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?

[Mr Speaker]

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 ---

[Several hon. Members rose—]

[Mr Speaker]

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 ---

[Mr Sheerman]

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.

[Mr Speaker]

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 (Arfon) (PC)]

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).

[Mr Speaker]

Last speech at four minutes—I call Greg Hands.

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

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 ---

[Several hon. Members rose—]

[Mr Speaker]

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

--- Later in debate ---

Debate interrupted (Order, this day).

[Mr Speaker]

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 Commons Chamber

[Mr Speaker]

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.

[The Secretary of State for Exiting the European Union (Stephen Barclay)]

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.

[Mr Speaker]

Thank you, Secretary of State.

[Jeremy Corbyn (Islington North) (Lab)]

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.

[Mr Speaker]

I thank the Leader of the Opposition.

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

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.]

[Mr Speaker]

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]

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.

[Mr Speaker]

Thank you.

[Nick Boles (Grantham and Stamford) (Con)]

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.

[Mr Speaker]

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

[Several hon. Members rose—]

[Mr Speaker]

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

[Sir Vince Cable (Twickenham) (LD)]

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?

[Mr Speaker]

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 (Brighton, Pavilion) (Green)]

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.

[Mr Speaker]

Thank you.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

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.

[Mr Speaker]

Thank you.

[Anna Soubry (Broxtowe) (Ind)]

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.

[Mr Speaker]

Thank you.

[Dr Julian Lewis (New Forest East) (Con)]

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.

[Mr Speaker]

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 (Leeds Central) (Lab)]

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?

[Mr Speaker]

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 (Chelmsford) (Con)]

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.

[Mr Speaker]

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

[Peter Kyle (Hove) (Lab)]

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?

[Mr Speaker]

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.

[Sir William Cash (Stone) (Con)]

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.

[Mr Speaker]

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 (Bishop Auckland) (Lab)]

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.

[Mr Speaker]

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

[Sir Peter Bottomley (Worthing West) (Con)]

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?

[Mr Speaker]

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 (Stoke-on-Trent Central) (Lab/Co-op)]

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?

[Mr Speaker]

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 (Hyndburn) (Lab)]

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.

[Mr Speaker]

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]

I apologise for that.

[Mr Speaker]

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 Exit Day Amendment

John Bercow Excerpts

Wednesday 27th March 2019 Commons Chamber

[Sir Christopher Chope]

On a point of order, Mr Speaker. The Minister made light of my intervention, in which I expressly drew the attention of the House to what we had been told on Friday during an urgent question by a Minister of the Crown from his Department. If what was said then is wrong, when are we going to get an official correction and apology from the Government, because those of us who were in the House on Friday were certainly gravely misled by what was said?

[Mr Speaker]

I am very grateful to the hon. Gentleman for his point of order. Obviously I well remember the exchanges, and I am aware of the particular interaction to which he is referring. The normal principle applies: every Member is responsible for the veracity of what he or she says in this Chamber. If a Member inadvertently errs, it is incumbent upon that Member to correct the record. The Minister, perfectly reasonably, said that he had not seen what was said. However, it is not beyond the wit and sagacity of the hon. Member for Christchurch (Sir Christopher Chope) to arrange for a copy of the extract from the Official Report to wing its way to the Dispatch Box during the course of this consideration, and the Minister might then be in a position further to respond to him.

[Ms Angela Eagle]

On a point of order, Mr Speaker. Could you advise me on whether what Conservative Members are objecting to is the use of the royal prerogative, which allows us to sign up to international treaties using that power? If so, the logic of what they are arguing is actually that we should get rid of the Queen.

[Mr Speaker]

I simply say to the hon. Lady that it is not for me to offer an exegesis of what individuals might think about our constitutional arrangements, including the use or otherwise of the royal prerogative, but she has made her own point in her own way, with some panache, and it will be studied in the record.

[Mr Francois]

Further to that point of order, Mr Speaker. There are some people in this House who want to get rid of Her Majesty, but they are on the Opposition Benches, not the Government Benches.

--- Later in debate ---

[Mr Speaker]

I am extraordinarily grateful to the right hon. Gentleman, but I wonder if we now might return to the relatively narrow ambit of the statutory instrument.

[Mr Walker]

Thank you, Mr Speaker. I shall be brief.

I am acutely aware of the huge amount of work undertaken by Members across the House to scrutinise the near 550 statutory instruments brought forward to prepare for exit and provide legal certainty. If this instrument were not to pass, that work would be undermined by the legal uncertainty created. If, on the other hand, we passed today’s instrument, the only thing that would change across all those SIs is the moment at which they come into force, aligning with the time of our exit so that they work properly.

I remain hopeful that the House will support the Prime Minister’s deal and that we will leave the EU on 22 May, with a short technical extension to ensure that we can pass the necessary implementing legislation. This instrument is, however, without prejudice to whether that is the case. I hope the House can agree on the necessity of this instrument and approve it, so that it can come into force and we can avoid serious confusion and uncertainty for businesses and individuals.

--- Later in debate ---

[Sir William Cash (Stone) (Con)]

The first point I would like to raise is about the ministerial code and the actions of the Prime Minister. It is quite clear under the ministerial code—I am glad to see the Attorney General sitting on the Front Bench—that the Law Officers must be consulted in good time before the Government are committed to critical decisions involving legal considerations. Even if I was prepared to concede, which I am not, that the Law Officers do not necessarily have to divulge their opinions—actually, the Attorney General was obliged to do so by a resolution of the House on 4 December 2018—the question is whether, as a matter of fact, the Prime Minister, who today and two days ago resolutely refused to answer me, had consulted the Law Officers. I asked her that, but she twice refused to tell me, and the inference is that she did not do so. Is this not misleading the House? That question worries me intensely.

Having dealt with that serious issue, I also have to say that I take the strongest possible exception, as do many other distinguished lawyers, QCs and former judges, to the Government’s action in entering into a binding agreement in international law, which purportedly alters the UK’s exit date from the European Union in advance of the votes in each House on the draft regulations, the effect of which would alter exit day in the European Union (Withdrawal) Act 2018.

It has been suggested that the Act provides that the draft regulations can only be submitted to each House for affirmative resolution once the date of exit has been altered at international level. That is simply not correct. The provision for approval by affirmative resolution is free-standing in paragraph 14 of schedule 7, under which a draft instrument is to be submitted to both Houses. It was incumbent on the Government to respect the normal practice of allowing Parliament to approve any legislative changes before entering into a binding international obligation.

I was the shadow Attorney General during the Iraq debacle. On that occasion, it became apparent that there should have been consultation with Parliament on a matter of the gravest national importance. If I may say so, I obliged, or created the circumstances in which the then Attorney General submitted his opinion to the House. More recently, we had a similar situation with regard of the bombing of Syria. The idea that Parliament is not required to postpone approval of any legislative changes until we enter into a binding international obligation is well established in recent precedent.

The course that the Government have taken seeks to present Parliament with a fait accompli whereby Parliament is pressured to approve the draft regulations because, the Minister alleges, failure to do so would cause disconformity between the UK’s international obligations and domestic law.



Under our constitutional law, the power of the UK Government to conclude binding agreements with states and other international actors such as the European Union exists under the royal prerogative. It is a basic principle of our constitutional law that the royal prerogative may only be exercised consistently with the intention of Parliament. Any purported exercise of the royal prerogative that is inconsistent with the intention of Parliament is unlawful and of no effect in our internal legal order.

I am troubled by what could be the outcome of the meeting of the Joint Committee on Statutory Instruments today. That is why I intervened on the Minister. I asked whether there was proper consideration of whether the matters before it were intra vires or ultra vires. I do not know the answer because I have not been given the information. I ask the Minister to check whether the Committee considered the question of vires in relation to the issues before it today.

The intention of Parliament is to be found solely in Acts of Parliament. It is not shown by resolutions of the House of Commons. Unless an Act of Parliament says otherwise, such resolutions do not have effect. Under the principles of public international law, in article 46 of the Vienna convention, a state is entitled to invoke the fact that its apparent consent to be bound by an international agreement has been expressed in violation of a provision of its internal law, if that violation is manifest, which is defined as “objectively evident”, and concerns a rule of internal law of fundamental importance. Those criteria are clearly satisfied, so there is manifest violation of our internal constitutional law. The Government’s actions are completely unlawful.

It is abominable that we should be faced with having to vote on the specious ground of so-called uniformity, which the Minister has presented. I do not blame him personally. I ask him to forgive me for suggesting that he is taking advice from other persons who purport to be learned in the law. I am afraid that they are entirely wrong.

Only yesterday, Lord Pannick himself raised those very questions. Lord Pannick, of course, is a most distinguished lawyer. In fact, he was the lawyer for the plaintiff Gina Miller in the case that resulted in the requirement for the European Union (Notification of Withdrawal) Act 2017. Lord Pannick knows what he is doing. In fact, I and others instructed him in relation to the Rees-Mogg case back in 1993, so I know a little bit about the brilliance of Lord Pannick. He said:

“The legal concern which some lawyers have expressed is that a power to specify the day and time when the treaties are to cease to apply is not satisfied by identifying two possibilities; it is not possible, if this SI is enacted, to identify exit day simply by reading it.”—[Official Report, House of Lords, 26 March 2019; Vol. 796, c. 1721.]

It is worth considering the fact that Lord Pannick is not to be taken for granted and that he has raised serious doubts about the matter.

[Mr Speaker]

But I think the House will be relieved to know that it is to be spared a dilation on the matter of Lord Pannick’s involvement in the Rees-Mogg case—of which sparing I think I can be comfortably reassured by the hon. Gentleman.

[Sir William Cash]

Absolutely. I do not need to dilate on that question at all; I am simply using it as a point of reference. The draft regulations contain unlawful sub-delegation.

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

I call Sir Bernard—oh, I do beg the pardon of the hon. Member for Wallasey (Ms Eagle): I call Angela Eagle, and then other colleagues. I remind the House that there are fewer than 25 minutes to go.

--- Later in debate ---

[Steve Double (St Austell and Newquay) (Con)]

And me.

[Mr Speaker]

The hon. Gentleman also wishes to contribute, so I know that the right hon. Gentleman will exercise an enormous self-denying ordinance.

[Mr Francois]

Thank you, Mr Speaker. Tonight, we are debating whether or not to extend article 50. The thing I would like to touch on briefly is whether the EU would ever countenance a further extension. I say that because from 2007 to 2010, when we were on the Opposition Benches, I was my party’s shadow Europe Minister. I did the Lisbon treaty, working with William Hague, and that was my epiphany; we had 14 days’ debate in this place and we could not change a single punctuation mark. That was when I realised that we had to leave. I hope the Minister will accept that in those three years I spent a lot of time visiting the institutions of the European Union, because that was my job. I came to realise that for many people in the EU, particularly, though not exclusively, in the Commission, what is often referred to as the “European project” has the status almost of a religious act of faith. People passionately believe in it, it transcends almost all other considerations and it must be promoted and protected almost at all costs. Very many people in the EU were utterly shocked when the UK voted to leave. They were absolutely stunned, because in their world what we had done was an act of heresy—it was apostasy to leave.

Many people in the EU believe we should be punished, not least pour encourager les autres. But what they are even more worried about is the UK taking part in European elections, which would bring 73 UK MEPs into the Parliament, many of whom, though not all, would be likely to be Eurosceptic. That would completely upset the calculations that they have made to reconfigure the new Parliament in order to keep out what they call the “populists” from eastern Europe and, for instance, the Lega Nord from Italy. That is why they would not accept the extension to 30 June. They insisted either on 22 May or 12 April, which is the drop-dead date for when we would have to begin European election preparation in the UK.

So my argument simply is this: I believe that for the EU protecting the integrity of the Parliament, which under the co-decision procedure under the Lisbon treaty has much greater power now relative to the other institutions, would be even more important to those who really believe in the project than trying to keep the UK in the EU, although many would like that. Therefore, if I am right, they would not countenance any further extension beyond the dates that have been given, because it would muck up the European Parliament and that would spoil Macron’s plans to federalise the EU. So my argument is that we should not be worried about a long extension, because I believe, although I cannot prove it in the House tonight, that they will never grant it. They do not want, in any circumstances, to go beyond 12 April because it means European elections that they simply cannot stomach, because there would be 35 to 40 Eurosceptic British MEPs who completely rip up their plan for the Parliament.

--- Later in debate ---

[Steve Double]

rose—

[Mr Speaker]

Is the right hon. Member for Rayleigh and Wickford (Mr Francois) giving way, or has he completed his speech?

[Mr Francois]

I have finished to leave time for my right hon. Friend the Member for Wantage (Mr Vaizey).

[Mr Speaker]

It is very good of the right hon. Gentleman to advise me, but I was going to call Mr Double, and then Mr Vaizey.

[Mr Vaizey]

indicated dissent.

[Mr Speaker]

You can divide it between you.

--- Later in debate ---

[Mr Bacon]

rose—

[Mr Speaker]

I call Mr Ed Vaizey.

--- Later in debate ---

That the draft European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) Regulations 2019, which were laid before this House on 25 March, be approved.

[Mr Speaker]

I will now suspend the House until the outcome of votes on motions—[Hon. Members: “Oh!”] Let me advise the House that it was very much the hope of our extremely dedicated and professional staff that they would be able to provide the results of the indicative votes to be announced immediately after the result of this Division, but that has not proved possible. I do not expect the suspension to be very long, but I will suspend the House until the outcome of votes on motions relating to the United Kingdom’s withdrawal from and future relationship with the European Union is available. The Division bell will be rung two minutes before the House resumes.

[Sir Patrick McLoughlin (Derbyshire Dales) (Con)]

On a point of order, Mr Speaker.

[Mr Speaker]

Order.

EU: Withdrawal and Future Relationship (Motions)

John Bercow Excerpts

Wednesday 27th March 2019 Commons Chamber

[Mr Speaker]

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.

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

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

[Mr Speaker]

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).

[Mr John Baron (Basildon and Billericay) (Con)]

I beg to move motion (B),

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

[Mr Speaker]

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.

[Mr Baron]

Thank you, Mr Speaker, for choosing this motion.

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

[Mr Speaker]

Order. I should be most grateful if—

[Mr Bob Seely (Isle of Wight) (Con)]

On a point of order, Mr Speaker.

[Mr Speaker]

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.

[Mr Baron]

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.

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[Lady Hermon (North Down) (Ind)]

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?

[Mr Speaker]

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.

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[Mr Baron]

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).

[Mr Speaker]

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.

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[Mr Paterson]

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—

[Mr Speaker]

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]

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.

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[Several hon. Members rose—]

[Mr Speaker]

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.

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[Toby Perkins (Chesterfield) (Lab)]

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?

[Mr Speaker]

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.

[Mr Fysh]

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.

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[Several hon. Members rose—]

[Mr Speaker]

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

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[Kate Hoey]

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.

[Mr Speaker]

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.

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[Tom Brake (Carshalton and Wallington) (LD)]

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.

[Mr Speaker]

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

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[Several hon. Members rose—]

[Mr Speaker]

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.

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[Wera Hobhouse (Bath) (LD)]

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.

[Mr Speaker]

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.