UK’s Withdrawal from the European Union

Stewart Malcolm McDonald Excerpts

Thursday 14th March 2019 Commons Chamber

[Mr Lidington]

I am not going to give way again for a while, Mr Speaker, because when I spoke in the Chamber about a week ago, you gently chided me for having gone on for too long, and when I looked at Hansard it was because I had perhaps taken too many interventions. I think I have given way a fair number of times already today.

I want to put on the record—because I think this will help to clarify the nature of the choice for hon. Members on all sides of the debate—that article 50 of the European treaties does say, in terms, that the treaties “cease to apply” to the departing member state

“from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification”

of triggering article 50. In other words, it is the sooner of the conclusion and entering into force of the withdrawal agreement, and the two-year deadline. Logically it therefore follows that, were an extension of any length to be negotiated and agreed, it would always be possible for the House and the other place to bring about an earlier conclusion to that extension than the specified deadline by agreeing to a withdrawal agreement at that earlier date.

[Stewart Malcolm McDonald (Glasgow South) (SNP)]

rose—

[Mr Lidington]

No, I am not giving way again for a while.

I hope that the factual document that the Government published this morning, coupled with the latest statement from the President of the European Council, Mr Tusk, will have convinced right hon. and hon. Members that the choice I have described is not one that has somehow been invented for political ends but rather one that this House must face up to and confront.

I want to take a moment to set out to the House the reasons why the choice is so binary. That means explaining in a bit of detail the interaction with the European Parliament elections. Those elections will take place across the EU on 23 to 26 May, and the new European Parliament will meet for the first time on 2 July. As the Father of the House said, it is a fundamental requirement under the EU treaties that EU citizens are represented in the European Parliament. That derives from article 9, which says,

“Every national of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship”,

and from paragraph 2 of article 10, which says:

“Citizens are directly represented at Union level in the European Parliament.”

The subsequent legislation that the European Union has passed is founded on those key principles set out in the treaties—the primary law that every member state of the European Union has to comply with and which has primacy over any domestic law to the contrary.

It flows from that that the new European Parliament would not be properly constituted if any member state did not have MEPs, and that for it to be improperly constituted would put all that Parliament’s actions, and the proper functioning of the EU’s institutions and its legislative process, at risk. There is no legal mechanism by which the UK could return MEPs to the new European Parliament other than by participating in the elections. The upshot is that the longest extension that we could propose without holding the elections is until the end of June, and if we did that, it would not be possible to extend again, because, as I said in response to an earlier intervention, to do so without having elected MEPs would compromise the proper functioning of the EU’s institutions and its legal process. In the absence of a deal, seeking such a short and, critically, one-off extension would be downright reckless and completely at odds with the position that this House adopted only last night, making a no-deal scenario far more, rather than less, likely. Not only that, but from everything we have heard from the EU, both in public and in private, it is a proposal it would not accept.

--- Later in debate ---

[Mr Lidington]

I have not seen that particular item, but my understanding is that the legal service of the European Parliament has made it very clear that it does not see that an extension is possible beyond the date of the first plenary meeting of the new Parliament on 2 July, in the absence of treaty change.

[Stewart Malcolm McDonald]

Can I take the deputy Prime Minister back to the point made by my hon. Friend the Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) when he said that it was a matter of law that the UK can revoke article 50 in its entirety? Should there be a member state that does not agree to an extension—for example, Hungary or Italy—would it not therefore be a matter of political reality that the revocation of article 50 should be exactly what the Government do? If that happens, will they revoke article 50?

[Mr Lidington]

It would be a decision for the House to take were that to happen. It was open to the hon. Gentleman to table an amendment to that effect today had he wished to do so. These are matters for the House as a whole.

--- Later in debate ---

[Ian Blackford]

Well, well, well; there we have it—weasel words from the hon. Gentleman. I hope that people in Glasgow see that. He has the opportunity today to stand with the rest of us who want a people’s vote, and what does he do? He does what the Labour party has done year after year; he sells out the people of Scotland. The people of Glasgow North East will extract a price from the hon. Gentleman when at the next election the SNP wins back that seat for the people of Scotland.

[Stewart Malcolm McDonald]

The hon. Member for Glasgow North East (Mr Sweeney), whom I disagree with, is a friend of mine. However, it is a bit rich for Labour Members—and I include the hon. Gentleman in this—who have spent two years in a period of Herculean self-flagellation over a people’s vote, to come to the House today as though they are some kind of voice of authority on the matter and seek to lecture those of us on the SNP Benches, or indeed the TIGs up at the back, on a people’s vote. I only wish that they were as eloquent on their feet as they sometimes think they are. Does my right hon. Friend agree?

[Ian Blackford]

Absolutely. I appeal to Labour Members—and I am looking at them now—to show some responsibility. [Interruption.] Yes, they can wave, but this is serious. They should come through the Lobby with us tonight, or be exposed, frankly, for exactly what they are. They have failed at this time of crisis to stand up for the people of Scotland.