European Union (Withdrawal Agreement) Bill

Yvette Cooper Excerpts

Consideration of Lords amendments & Ping Pong: House of Commons & Ping Pong
Wednesday 22nd January 2020 Commons Chamber

[Steve Barclay]

I give way to the previous Chair of the Home Affairs Committee—I am conscious that that election is still to come.

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

The Secretary of State has still given no reason. Why take the provision out of the 2018 Act? It is in previous legislation. There are loads of things in legislation through the decades that the Government say they disagree with, but amendments are not needed because they have said they disagree, and they do not remove those things from the statute book. That is what makes us suspect that he wants to remove it, because for some reason he thinks that it will restrict what he wants to do, and in the end, therefore, he will betray the commitments that have been made to the most vulnerable children. If not, he should keep the provision in the Act.

[Steve Barclay]

Let me address that head-on: the reason is that the purpose of the legislation is to implement in domestic law the international agreement that we have reached. That is what the withdrawal agreement Bill is doing and that is why we do not support the amendment. What drives the right hon. Lady’s concern is whether the protections will be in place for unaccompanied children. I draw her attention again to the Government’s record as one of the three best countries in the EU. The figures show that this country has the third highest intake and deals with 15% of all claims in the EU. That is the policy that the Government and the Prime Minister are committed to, and it is reflected in the Home Secretary’s approach.

--- Later in debate ---

[Vicky Ford (Chelmsford) (Con)]

I want to set this debate in the big picture. People voted for Brexit, and in December they voted to get Brexit done. It has taken us three and a bit years to reach this stage, and we will be leaving the EU in just a few days’ time. Then we will have to move quickly into negotiating the long-term deal. Time and again over the past few years, I have heard EU counterparts say, “The problem with the British Government negotiators is that we don’t know if they can carry Parliament with them.” It is so important that we send the message to the rest of Europe that what is agreed with the EU can be passed through this Parliament. That is why it is so important that we pass the withdrawal agreement that was agreed through this Parliament. Yes, there are important matters raised by these amendments. Of course we want to support child refugees; we always have done. Of course we must make sure that EU citizens’ rights—[Interruption.] And incidentally, we always will support child refugees. Of course we must also support EU citizens, but the right place to do that is in other legislation, not in this Bill.

[Yvette Cooper]

In the last Parliament, the Home Affairs Committee produced a report calling for a declaratory system and also a physical document. It is possible to have a declaratory system that protects rights, but also to ensure an incentive for people to apply and get the document. If all of us in this House were suddenly told that our rights to get healthcare, rent a house or get a job depended on the workings of a Home Office computer system, we would have no confidence in it. That is why people want to know that there is a permanent document. I urge the Secretary of State to think again, because this will go wrong, and also just to accept the Dubs amendment. Do not put at risk or cast any doubt on this country’s commitment to child refugees.

[Mr Steve Baker (Wycombe) (Con)]

I think we should be thankful that we have the opportunity to think again on these matters; I rather regret that we have so little time.

On the issue of a declaratory right, I am very open to the spirit of having a declaratory system. It would send a wonderful signal about how open we are and how welcome people are to stay, but the sheer truth of it—I say this as the former Minister responsible for domestic preparedness in the Department—is that it is way too late to be making this decision now. I am afraid the proposal shows rather an ignorance of how government systems work and of the whole business of delivering a system that can work for literally millions of people. If the proposal were accepted, we would have to abandon giving status to millions of people. It needs to be removed from the Bill, so that we can get on and deliver status for people in a system that is working.

On Lords amendment to clause 26, the power is sunsetted to the end of the year. On the amendment from the noble Lord Dubs, this is one of those areas where we should be thankful that we are thinking again, but, bearing in mind that it is not long since we heard a general acceptance in this House of the proposition that we are all here to pursue the common good in good faith, it is deeply regrettable that some Members have sought to suggest that there would be any lack of commitment on our part to family reunion for refugee children. It is quite wrong. [Interruption.] The hon. Member for Airdrie and Shotts (Neil Gray) says that actions speak louder than words. We will earn the respect of the public by delivering.

Checks on Goods: Northern Ireland and Great Britain

Yvette Cooper Excerpts

Thursday 24th October 2019 Commons Chamber

[Stephen Barclay]

My hon. Friend rightly raises the point about the constitutional status of Northern Ireland. He will know that the text specifically says that there must be regard to

“maintaining the integral place of Northern Ireland in the United Kingdom’s internal market”,

and there is specific reference to its “constitutional status”, so he is absolutely right about that. He is also right in his recognition that these issues need to be addressed in the context of the future trading relationship that will be reached between the UK and the EU, and we have set out our ambitions for that. We are trying to address the period ahead of that, but we have the implementation period and we are confident that we can get a free trade agreement in place on the timescale that applies—to December 2020. That, as he rightly identifies, then addresses the points in his question.

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

The head of Border Force told the Home Affairs Committee yesterday that there would be checks and said that it is yet to be worked out in detail who would do them between Britain and Northern Ireland. A memorandum from the Home Secretary that we have published this morning rules out checks from Northern Ireland to Great Britain, but accepts that there is going to be a process from Great Britain to Northern Ireland. However, does the Secretary of State not accept that fudging the language on this is a serious problem when trust is needed? Will he clarify that enforcement will be needed if there is a process and, therefore, when he says “minimal targeted interventions”, that includes physical checks?

[Stephen Barclay]

The right hon. Lady has referred to the Home Secretary’s evidence to the Committee that she chairs. I understand that the Home Secretary wrote to her Committee this morning to clarify her comments. The right hon. Lady has indicated that she has had a chance to see that. I just put that on the record. As was referred to earlier, checks already apply in terms of rest of the world goods and the single epidemiological unit. Those are quite right. But underpinning all the detail that Members quite properly want to probe is the principle of consent. Any issues that apply will be subject to Northern Ireland. The key issue on that is that that aligns with the EU and the UK wanting to minimise any impact, because both sides know that the arrangements will be subject to a consent mechanism in the Northern Ireland Assembly in a way that did not apply to the backstop.

Compliance with the European Union (Withdrawal) (No. 2) Act 2019

Yvette Cooper Excerpts

Thursday 26th September 2019 Commons Chamber

[James Duddridge]

I am sure that my right hon. Friend’s mastery of some of the technical details will stand him in good stead in his candidacy for your role, Mr Speaker, as and when that comes. He is right to say that the Act is not perfect. Specifically, the Government believe that the Kinnock amendment has deficiencies and that its effect is unclear.

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

May I ask the Minister what his interpretation of the law is? If no deal has been agreed by Parliament or if the Prime Minister does not get a deal and Parliament has not voted in favour of no deal, does he think that the law will then require the Prime Minister to write a letter? Yes or no?

[James Duddridge]

The Government will take legal advice on this and a number of other issues. As the right hon. Lady knows, there is a long-standing constitutional convention that neither the fact nor the content of Law Officers’ advice is disclosed outside the Government without their consent, and I am not intending to break that convention today.

European Union (Withdrawal) (No. 5) Bill

Yvette Cooper 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.

[Sir William Cash (Stone) (Con)]

Will the right hon. Lady give way?

[Yvette Cooper]

I will give way, but I will be very brief; I want to give the hon. Gentleman time to speak to his amendment.

[Sir William Cash]

Did the right hon. Lady notice—I watched the proceedings in the House of Lords—the continuous criticisms of this appalling Bill? They said it was a “bad Bill”, “a very bad Bill”—[Interruption.] Also, by the way, it is not going to prevent no deal and furthermore, there is nothing that requires, as a matter of law, the avoidance of no deal.

[Yvette Cooper]

Some people criticised the Bill, but the vast majority of the Lords supported the Bill, which is why we have it back before us now. Parliament has shown in both the Commons and the Lords that it is capable of responding to the gravity and the urgency of the challenge that our country faces and the very immediate risks to jobs, public services and families across the country if we drift. None of us could have imagined that we would be in this situation in the first place. These are unprecedented circumstances, but they should also serve as no precedent for the future when, as we all hope, normality might be restored.

I particularly thank Lord Robertson and Lord Rooker, who sponsored the Bill in the Lords, the Government and Opposition Front Benchers and Cross Benchers, who engaged in thoughtful discussion about these amendments, and the right hon. Member for West Dorset (Sir Oliver Letwin), who did considerable work to ensure that the amendments would be effective. I said to the Minister, when we were discussing this in Committee, that we were keen to ensure that there was legal clarity for the Prime Minister as she went into the negotiations in the EU Council, and that she would be able to take sensible decisions in the national interest without having to come back to this House in the middle of negotiations—clearly, that would not be in the national interest. I welcome the work that has been done together to ensure that that clarity applies and that the Prime Minister can take those discussions forward.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

Will the right hon. Lady give way?

[Yvette Cooper]

I will give way just one more time.

[Sir Bernard Jenkin]

Given that the Bill still says only that the Prime Minister must “seek an extension”, how does this oblige her to accept an extension, or can she refuse one?

[Yvette Cooper]

The Bill makes it clear that the Prime Minister will be mandated to seek the extension in accordance with the motion that we hope will be tabled tomorrow. As a result of the amendment that has been tabled, it also allows the Prime Minister to seek further extensions and to accept extensions, subject to their not ending earlier than 22 May.

Lords amendments 1 and 2 ensure that a delay past midnight tonight will not prevent debate on the motion tomorrow. Lords amendment 3 allows Ministers other than the Prime Minister to table the motion. I think it sensible to ensure that the debate does not disrupt any negotiations with other Governments in which the Prime Minister will need to engage tomorrow. Lords amendments 4 and 5 ensure that the Prime Minister has that flexibility in the negotiations.

[Charlie Elphicke (Dover) (Con)]

Will the right hon. Lady give way?

[Yvette Cooper]

I will not. I have given way already, and there is very little time. [Interruption.] I will not. I have given way many times.

As I was saying, Lords amendments 4 and 5 enable the Prime Minister to make decisions in the European Council subject to the date not being earlier than 22 May, to ensure that there is no legal uncertainty about the Council’s negotiations and decisions, and to ensure that we do not inadvertently end up with no deal as a result of confusion about the legal process.

I think that, taken together, the Lords amendments improve the Bill. I believe that the House should accept them and resist the Commons amendments, which would have a limiting effect and which would, in fact, conflict with the letter that the Prime Minister has already sent to the European Council. That would not be sensible.

Let me seek one further reassurance from the Minister, which has already been given in the other place. Given that Lords amendments 4 and 5 have been accepted in that place, there is some uncertainty about what might happen should the Prime Minister not achieve any agreement in the European Council deliberations. I hope that the Minister will be able to assure us that in those unusual and exceptional circumstances, which we hope will not arise, the Government would come back to the House immediately with a motion for debate, because obviously we would face the urgent possibility of leaving without a deal. As Ministers know, that has been comprehensively rejected by a huge majority in the House, and it would clearly be unacceptable for the Government simply to allow us to drift into no deal without tabling a further motion before we reach exit day.

These are, of course, unusual and unprecedented circumstances, and I know that there are strong feelings. However, I hope that we have been able to engage in our debates in a thoughtful and considered way. We have just an hour in which to discuss the amendments, and I want to ensure that all Members can express their views.

[Sir William Cash]

I completely repudiate what has been said by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper). The reality is that this outrage is the equivalent of tossing a hand grenade into our constitutional arrangements, given the vital importance of the vote that was delivered by the British people in the referendum. It constitutes a deliberate attempt to undermine that result, and any attempt to say otherwise is a total misrepresentation of the facts.

The Bill will not compel the Prime Minister to do anything that she does not want to do anyway, which is to ask for an extension until 30 June, if we assume that the resolution of the House on Tuesday retains that date. The Bill does not compel her to agree to an extension to a different date, if offered by the European Council, and nor if one is offered with conditions. By the way, that could raise some very serious legal questions, which have not yet been followed through to their ultimate conclusion. Hence, if there is a longer extension, it will be by the Prime Minister’s own voluntary act, and not as a result of compulsion by a remain-dominated Parliament, which is what this is. I have said repeatedly during these proceedings that we have a system of parliamentary Government, not government by Parliament. This is a complete reversal of that position; it is a constitutional outrage.

Further, with regard to the European elections, which are dealt with in another amendment on the amendment paper, I would just read out the new clause in my name:

“No extension of the period under Article 50(3) of the Treaty on European Union may be agreed by the Prime Minister if as a result the United Kingdom would be required to prepare for or to hold elections to the European Parliament.”

There are many, many people up and down the country who would totally support that proposition. Furthermore, the reality is that, on Thursday last week, I had a similar amendment on the Order Paper. I was informed that, although it had been selected, No. 10 had given instructions to vote against it. The Government were going to vote against that amendment despite the fact that it was meant to be Government policy. All over the country, there is a firestorm about the fact that we could be involved in European elections. People are leaving their own parties over this because they are so completely infuriated by the fact that the arrangements under consideration here could lead to this absolutely insane idea of our being involved in European elections. The turnout in European elections is derisory. The European Parliament itself is derisory. There is absolutely no reason on earth why we should be involved in these elections, and that is why I have tabled this new clause.

--- Later in debate ---

[Mr Walker]

My hon. Friend raises an interesting point. I have already pointed out that I think this Bill is unnecessary. The effect of these amendments is to restore the power of the royal prerogative, so I think I can agree with him on that. Of course—and I say this to the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), who made this point—if an extension were not agreed, the Prime Minister would want to come back to the House at the earliest opportunity to set out the next steps.

[Yvette Cooper]

Will the Minister assure me that that would be before exit day in those circumstances?

[Mr Walker]

Yes, I say to the right hon. Lady that it would have to be.

Lords amendment 5, tabled in the name of Cross-Bench peer the noble Lord Pannick, reinstates the form of a previous amendment that I proposed in this House, and which was opposed by the backers of the Bill. It seeks to retain the royal prerogative, which gives the Prime Minister, as a matter of constitutional principle, the discretion to decide what is the best agreement to reach on behalf of Her Majesty’s Government. It is a pillar of our constitution, and the means to govern this country effectively and unencumbered.

Lords amendment 5 adds a proviso that any extension agreed should not end earlier than 22 May. Of course, the Government have already been clear that we are seeking an extension to 30 June, so that is no threat to the prerogative power. I spoke in support of the prerogative power in Committee, and the noble Lord Howard and the noble Lord Cormack were united in speaking in its support in the other place. As Member for the Faithful City, I am happy to continue to speak in its support.

While I have great sympathy for amendment (a) to Lords amendment 5, tabled by my hon. Friends the Members for Stone (Sir William Cash) and for Wycombe (Mr Baker)—I entirely agree with the sentiment—the Government have already set out our desire for an extension to 30 June to allow the maximum time to secure an orderly exit from the European Union.

European Union (Withdrawal) (No. 5) Bill

Yvette Cooper Excerpts

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

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

I beg to move, That the Bill be now read a Second time.

I start by welcoming some of the words of the Prime Minister from yesterday. She said as part of her announcement:

“This is a difficult time for everyone. Passions are running high on all sides of the argument”,

and that debate and division is

“putting Members of Parliament and everyone else under…pressure…and…doing damage to our politics.”

I think we all recognise the pressures that she is talking about and the efforts that Members on both sides of the House, and with all kinds of different views on Brexit, are making to do the right thing in the national interest, to do the right thing whatever their different views on Brexit, and to do the right thing for their constituents. I hope that the very respectful and thoughtful tone of the debate that we had on the programme motion will be continued in this debate.

We have put forward this cross-party Bill to avert no deal on 12 April. We have done so for fear of the damage that no deal would do to all our constituencies. We understand that the Cabinet Secretary and National Security Adviser to the Government, Sir Mark Sedwill, told the Cabinet yesterday that no deal would make our country “less safe”. The Cabinet has a responsibility to listen to that advice and I am extremely glad that it did. We understand, too, that the Cabinet was warned that food prices would go up by 10% in the event of no deal. Again, I am glad that it listened to that advice because that would have a huge impact on overstretched families across the country.

[Andrew Percy (Brigg and Goole) (Con)]

I endorse and thank the right hon. Lady for the tone in which she has brought in the Bill. However, given that she has been one of the people who has most vociferously argued for long periods of scrutiny over our decision to leave the European Union, why does she think that it is acceptable to take off the table a way out of the EU that very many people who voted to leave it believe to be the way in which we should leave? Given her previous demands for a long scrutiny process, why is this all being done with only a few hours of debate in this place?

[Yvette Cooper]

The hon. Gentleman is right that there is a tight timetable for the Bill. That is because there is a tight timetable for the House, facing the deadline of 12 April and the European Council meeting that will take place. I will be honest: I could never have imagined when we started these debates that we would be in a situation where, nine days from Brexit day, nobody knows what is going to happen. That is causing huge concern and anxiety for businesses, families and people across the country. I will come on in a minute to the damage that no deal would do to my constituency and many others. We have a responsibility to ensure that we can avert it.

[Several hon. Members rose—]

[Yvette Cooper]

I will give way a couple of times, but I am conscious that I want to make some progress as well on the Bill itself.

[Toby Perkins (Chesterfield) (Lab)]

I share my right hon. Friend’s frustration that there was no time for more scrutiny, but would it not have come better from someone who had not just voted against an amendment that would have allowed us to discuss the matter again on Monday?

[Yvette Cooper]

It would have been better to have further discussions on Monday, but we are where we are. What is important today is ensuring that we can debate no deal.

[Several hon. Members rose—]

[Yvette Cooper]

I will give way just three more times, and then I will make rapid progress.

[Ms Nadine Dorries (Mid Bedfordshire) (Con)]

I have the greatest respect for the right hon. Lady’s endeavours today and for what she is trying to achieve, but may I draw attention to one of the things that we have to do in the House, which she mentioned at the beginning of her speech? We are all used to battling for our ideologies here, and for our beliefs and for what we want. Is this not one of the rare occasions when it is appropriate for us to think not about what we believe in and what we fight for, but about what is right for the country? Some of us, both remainers and arch-leavers, need to compromise and meet somewhere in the middle.

[Yvette Cooper]

I completely agree. In fact, I proposed a cross-party commission to oversee the negotiations immediately after the referendum and again after the general election, because I was fearful that we would end up in gridlock, and I thought that the task would be performed best in a way that would build consensus.

[Emma Reynolds (Wolverhampton North East) (Lab)]

Surely we would not be in this position had the Prime Minister not run down the clock, and we would not be in this position had she reached out across the House sooner.

[Yvette Cooper]

The truth is that we have been trying to squeeze into a few days a process of consensus building that should have taken two years. It should have started a long time ago. That is why I think it so important to ensure that, just at the point at which we are trying to come together and build some consensus, we do not tumble off the edge of a cliff and end up doing unfair damage to our constituents.

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

The right hon. Lady is being very generous in giving way, and I appreciate the manner in which she has introduced the debate, but may I gently remind her that predictions about the consequences of voting to leave or no deal have proved very wrong in the past? We heard dire economic predictions in 2016—for instance, it was predicted that by Christmas that year 500,000 more people would be unemployed—but the economic reality has been very different. The predictions were wrong then, and I suggest to her that they are wrong now.

[Yvette Cooper]

I think the hon. Gentleman is talking about the assessments of the impact on confidence that were made immediately after the referendum. Those were very different from the assessments of the impact of, for instance, World Trade Organisation tariffs, which are very practical, because it is clear what the impact will be on numbers, or on border capacity if customs checks are necessary. Those practical measures have not yet come into being, and I hope that they will not, because frictionless trade is important to our constituencies.

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

I am pleased to co-sponsor my right hon. Friend’s Bill. I am pleased that it has had cross-party sponsorship from all the Members who want to prevent no deal because they have been listening to the CBI, the TUC and all the voices in our constituencies. Whatever our views on where Brexit goes, we all believe that we must avoid that catastrophic no deal, and whatever the progress of the Bill tonight, the House has resolved to avoid that.

[Yvette Cooper]

My hon. Friend is entirely right. Let me quickly tell the House about some of the points that have been made to me about why this is so important. No deal would mean that we would immediately lose access to the European arrest warrant and to crucial criminal databases. A Castleford police officer told me what no deal would mean and said “It is going to be incredibly difficult for me to do my job properly. Obviously with more serious offenders such as sex offenders who will travel, this is going to cause serious concern.”

No deal will also mean the kind of border delays that have led the NHS to stockpile. A friend told me in Pontefract that he is waiting for radiotherapy for his cancer and does not know whether that treatment will be delayed because short-life isotopes cannot be stockpiled. Major manufacturers and producers in our area such as Burberry, Haribo and Teva have told me how hard they would be hit by WTO tariffs, customs checks and border delays. We should be standing up for British manufacturers abroad, not holding them back. Local small businesses in particular have told me how much they fear being dependent on imports. They simply do not have the margins and could end up going bust if their stock is delayed. Local trade unions have warned about the impact on jobs.

Perhaps what I fear most of all is the impact of no deal on some of the most overstretched families in my constituency. We have had to set up “hungry holiday clubs” for kids on free school meals who may go hungry in the Easter holidays. In Airedale, we have had support and free lunches for families and those families are going to struggle if there is a 10% hike in food prices; it is simply not fair on them.

[Several hon. Members rose—]

--- Later in debate ---

[Yvette Cooper]

I am going to make some progress before giving way again because I have given way many times.

Therefore, I think we have a responsibility. I know that there are Members across this House and people across the country who say they would like to see no deal happen and to see it happen as soon as possible. I simply say that it will hit other people’s lives and it is not fair. For the sake of the Castleford police officer, the Airedale families, the Pontefract and Normanton manufacturers and the small businesses and cancer patients across the country, we have a responsibility to make sure we have a system in place to prevent no deal on 12 April, just nine days away.

[Several hon. Members rose—]

[Yvette Cooper]

Let me say something about the Prime Minister’s process, and then I will give way again.

The Prime Minister has announced her intention to pursue an extension, but the reason for continuing with this Bill is that there is no clear process for how the decisions will be taken about the length of the extension and the context, and this Bill does the following. It provides some clarity about how those decisions about the length of the extension will be taken. It gives a role for this House in that process. It also ensures we do not just slip back into facing that no-deal cliff edge almost by accident because of the nature of the difficult conversations and the complexity of what we are all facing. Crucially, it will demonstrate to the EU parliamentary support for what the Prime Minister is asking for, and to be fair to the EU, given the turbulence we have had in this House at every stage of this process, it is quite reasonable for it to ask whether the Prime Minister has the support of the House in the things she is asking for.

[Anna Soubry (Broxtowe) (Ind)]

I congratulate the right hon. Lady on her Bill and the progress she has made thus far. She speaks clearly, based on evidence, and I am delighted that, as I expected from her, she has clearly listened to business. Does she agree that we can only assume that the Secretary of State for Business, Energy and Industrial Strategy has also listened to business, and of course he has looked at the Government’s own impact assessment of no deal and he claims it would be “ruinous” for our country? Does she think he is right?

[Yvette Cooper]

I think we should take seriously that assessment, and not just from Government Ministers but also from the CBI and the TUC, who have come together in a powerful way to say very strongly the damage that would be caused by us being simply left with no deal. Therefore many of us have been trying to make this process work and trying to come together, whether through proposals we have made through Select Committees for different Brexit policy options or the work we have done calling for consensus or putting forward indicative votes and options. A lot of work has been done but I hope we all share the view that we should avoid a no-deal Brexit.

[Several hon. Members rose—]

[Yvette Cooper]

I am conscious of needing to finish. I will take just a final few interventions, as otherwise it would not be fair on those who wish to speak.

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

The right hon. Lady knows I support the broad thrust of this Bill, but I am concerned that it does not say when the Prime Minister has to ask for an extension, and it also does not seem to provide for a situation where Parliament has asked her to go for an extension longer than 22 May but she does not want to do so. It does not seem to have enough teeth. Can the right hon. Lady address those points?

[Yvette Cooper]

It sets out that:

“On the day after the day on which this Act receives Royal Assent, the Prime Minister must move a motion in the House of Commons”.

It also provides for the Government to be mandated by what the House has voted for. This is a two-clause Bill and that is all it is; it is very simple. It requires the Prime Minister to put the motion to Parliament proposing an extension of article 50. It asks the Prime Minister to define in the motion the length of the extension. Parliament can debate the motion and can seek to amend it in the normal way, and the conclusion is binding on the Government. The Prime Minister has to take that to the EU. If the EU Council agrees, then that is resolved; if the EU Council proposes a different date, the Bill proposes for the Prime Minister to come back to the House with a new motion.

The Bill simply provides for a simple, practical and transparent process to underpin the Prime Minister’s plan. It ensures that the extension has the support of the House of Commons, but also that we keep the parliamentary safeguard in place. So whatever is agreed by any further talks or indicative processes, or by the Prime Minister’s approach, she herself has said nothing can be implemented by 12 April. She has recognised that she cannot implement anything in only nine days, which is why the extension is needed. This is a hugely important Bill.

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

The right hon. Lady has clearly had conversations with senior police officers about the impact of leaving the European arrest warrant. Apparently, it takes an average of six weeks to process cases now, but that would become an average of six months. Would she like to speculate on the impact of that sort of delay on processing serious cases?

[Yvette Cooper]

The right hon. Gentleman is right. I have also heard that we can access criminal records using the European Criminal Records Information System—ECRIS—in a matter of days at the moment, but that that could take weeks as a result of leaving the EU. That evidence was given to the Select Committee.

[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?

--- Later in debate ---

[Yvette Cooper]

Thank you, Mr Speaker.

The Bill deliberately does not specify that, because it should be for the Prime Minister to make a proposal. She has to go into the EU Council and do the negotiating. She also has to lead the process around indicative votes, so I think it is right that she should put this forward and that the House will then decide.

[Caroline Flint (Don Valley) (Lab)]

Will my right hon. Friend give way?

[Yvette Cooper]

I am conscious that those on the Front Benches need to speak, so I shall make my final point.

It is really important for people to come together, both as part of this process and in how we go forward, because the challenges that we face from the threat of no deal are very significant. Three years on from the referendum, the biggest problem for all of us is that so little has been done to heal the national Brexit divide or to bring people together. This is a major constitutional change, and, to be honest, if we do not make the effort to bring people together, whatever we conclude today, tomorrow or next week will not last because we will not have done the work to build consensus. We all know that there is no consensus on the best way forward at the moment—we hope we can reach it, but at the moment there is no agreement—but let us at least sustain our agreement on ruling out the worst way forward. I commend the Bill to the House.

[Several hon. Members rose—]

European Union (Withdrawal) (No. 5) Bill

Yvette Cooper Excerpts

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

This corrects a drafting error in the Bill as published.

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

On a point of order, Sir Lindsay. Unfortunately, with the noise of people entering and leaving the Chamber, I did not catch which amendments had been selected, and I wonder whether you could clarify that for the Committee.

[The Chairman]

They are amendment 13, amendment 20, amendment 21, Government amendment 22, amendment 1, clause 1 stand part, amendment 14, amendment 6, clause 2 stand part, new clause 4, new clause 5, new clause 7 and Government new clause 13. I hope that that helps the Committee. [Interruption.] Somebody just won the bingo call.

--- Later in debate ---

[The Chairman]

Yes, we are trying to get the lists as quickly as possible, and we are playing a bit of catch-up. We know where we need to start and we could make a start while the documents are being distributed. We are up against it a bit with time. I want to see who wishes to speak, so I am looking around the Chamber to see who will stand.

[Yvette Cooper]

rose—

[Sir Nicholas Soames (Mid Sussex) (Con)]

On a point of order, Sir Lindsay. In the spirit of the new regime of bringing the whole House together on these difficult matters, and while you are waiting to get these amendments circulated, I thought it would be helpful if I was to let the House know that the Grand National will be won by a horse called Tiger Roll. [Laughter.]

--- Later in debate ---

[The Chairman]

Just to help the House, on my sheet of paper, which we are working to, amendment 13 is in the name of Yvette Cooper.

With amendment 13 it will be convenient to consider:

Amendment 20, page 1, line 11, at end add

“, and that date shall be no later than 30 June 2019.”

Amendment 21, page 1, line 21, leave out subsections (6) and (7).

Amendment 22, page 2, line 3, at end insert—

“() Nothing in this section prevents a Minister of the Crown from seeking, or agreeing to, an extension of the period specified in Article 50(3) of the Treaty on European Union otherwise than in accordance with this section.”

This amendment ensures that the Bill does not limit the powers that a Minister of the Crown would otherwise have to seek, or agree to, an extension of the Article 50(3) period.

Amendment 1, page 2, line 3, at end insert—

“(8) But the Prime Minister may not agree to any extension of the Article 50 period proposed by the European Council which is later than 22 May 2019.”

Clause stand part.

Amendment 14, in clause 2, page 2, line 5, leave out “2018 Act” and insert

“the European Union (Withdrawal) Act 2018”.

This clarifies the title of the previous Act being referred to.

Amendment 6, page 2, line 7, leave out from “force” to end of line 7 and insert

“subject to the approval of the Northern Ireland Assembly, the Scottish Parliament and the National Assembly of Wales, on such day as a Minister of the Crown may by regulations appoint.”

Clause 2 stand part.

New clause 4—Amendability of motions—

‘Any motion brought forward under section 1(1) in the form set out in section 1(2) may be amended in line with section 1(3) only to include a date.’

This new Clause would prevent further amendments to standing orders etc.

New clause 5—Amendability of motions (No. 2)—

‘Any motion brought forward under section 1(1) in the form set out in section 1(2) may be amended in line with section 1(3) only to include a date no later than 22 May 2019.’

This new Clause would prevent further amendments to standing orders or business of the House of Commons etc and impose a maximum duration of the extension period.

New clause 7—European Elections—

‘No extension of the period under Article 50(3) of the Treaty on European Union may be agreed by the Prime Minister if as a result the United Kingdom would be required to prepare for or to hold elections to the European Parliament.’

New clause 13—Procedure for ensuring domestic legislation matches Article 50 extension—

‘In paragraph 14 of Schedule 7 to the European Union (Withdrawal) Act 2018 (regulations amending the definition of “exit day” to be subject to approval by each House of Parliament) for the words from “may” to “each” substitute “is subject to annulment in pursuance of a resolution of either”.’

This new clause changes the procedure for regulations, under section 20(4) of the European Union (Withdrawal) Act 2018, altering the definition of “exit day” from affirmative to negative procedure.

[Yvette Cooper]

If I may, I will briefly speak to the drafting amendments in my name and that of the right hon. Member for West Dorset (Sir Oliver Letwin). I will respond to the other amendments at a later stage in the debate, once other hon. Members have had an opportunity to speak to their amendments.

These are two minor drafting amendments. The first simply corrects something in clause 1, page 1, line 6—instead of referring to “section 2”, it should refer to “section 1”. The second amendment—amendment 14—would ensure that rather than referring to the “2018 Act”, the Bill would properly refer to

“the European Union (Withdrawal) Act 2018”.

These are simply for clarification.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I looked through the right hon. Lady’s Bill last night and at the drafting of clause 1(2). I had not seen her proposed amendment, but is this not the difficulty of trying to make law on the hoof? We have had only 55 minutes for Second Reading and there is a most obvious drafting error in her original Bill. There was a simple mistake, getting the section wrong, and reading through it I simply did not understand at all which Bill she was referring to. Does this not show the danger, with such an important constitutional change, of trying to make law on the hoof?

[Yvette Cooper]

Sadly, this is the consequence of us being nine days away from Brexit day. That is not a situation that any of us wanted to be in—to have the clock run down this far—with no agreement in place. The Prime Minister did not put any withdrawal agreement to Parliament until January, and it has been put back several times since then, so we have not had a clear plan. That is the situation we are in.

[Mr Steve Baker (Wycombe) (Con)]

On a point of order, Sir Lindsay. It may help the House. I have just inquired in the Vote Office, and the correct amendment paper, the one that we should be looking at, is the one with 15 printed pages. There has been some confusion, which would explain the point of order from my hon. Friend the Member for Stone (Sir William Cash).

--- Later in debate ---

[Yvette Cooper]

Thank you, Sir Lindsay.

[Stephen Doughty]

I entirely agree with what my right hon. Friend was saying before the point of order. Have we not all been in Committees dealing with Government legislation when the Government have tabled at every stage, every day, tens or even hundreds of amendments, even before that legislation goes to the other place? Does she agree that the couple of minor things that have been spotted and are being addressed on this occasion are nothing in comparison with what the Government normally do?

[Yvette Cooper]

I do agree, and I would add that the intent and provisions of this Bill are extremely simple. We understand that, because of the timescale, the Government will ask us to make decisions on some very big things in the next couple of days before the European Council.

[Sir William Cash]

Not only is the numbering of the amendments wrong, but I am afraid that the amendment to which the right hon. Lady seems to be referring now—her amendment 13—is itself rubbish. It reads:

“leave out ‘section 2’ and insert ‘section 1’”.

Unfortunately, that does not help anyone, for a very simple reason. The Bill refers to section 2. If the amendment is passed, that will be referred to as section 1

“of the European Union (Withdrawal) Act 2019”.

What is that Act? I thought that the European Union (Withdrawal) Act was passed in 2018.

[Yvette Cooper]

Yes—

[Sir Oliver Letwin]

Will the right hon. Lady give way?

[Yvette Cooper]

I will.

[Sir Oliver Letwin]

I should have thought that my hon. Friend the Member for Stone (Sir William Cash) would recognise that that is a reference to the Act that the Bill will become should it pass into law.

[Yvette Cooper]

The right hon. Gentleman is exactly right. Let me clarify the position. There are two references to two different Acts. There is one reference in clause 1(2) to the 2019 Act that this Bill will become, and another reference in clause 2(1), to the Act passed last year.

[Chuka Umunna (Streatham) (Ind)]

In a way, I rise to speak to all the amendments, which are supposed to relate to the duties to be exercised under the Bill. However, one duty in particular has been omitted from both the Bill and all the selected amendments.

I know that the views that I shall express are supported by the right hon. Member for Twickenham (Sir Vince Cable), the hon. Member for Brighton, Pavilion (Caroline Lucas), the right hon. Member for Ross, Skye and Lochaber (Ian Blackford), the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), and others. We argue that there should be attached to the intention of the Bill the purpose for which it is sought. The European Council has made it absolutely clear that the UK will not necessarily be granted an extension for a general purpose, and that we shall need to specify what we wish to have the extension for. On a number of occasions, senior officials of the various EU institutions have made it clear that they would grant an extension for the purpose of a people’s vote, but no such purpose is referred to in any of the amendments that have been selected, or in the Bill itself.

It is all well and good to argue against no deal—and that, we have been told, lies behind the Bill—but it is clear that if Members wish to be sure of securing the extension to stop no deal, particularly those who will not entertain revocation of article 50, there needs to be a duty not only to request an extension, but to request it for the purpose of what will lead to our being granted the extension that we require, namely a people’s vote.

--- Later in debate ---

[Yvette Cooper]

I want to respond briefly to what has been a thoughtful debate on the detailed amendments that have been tabled.

To pick up where the Minister left off, I am happy to follow the Labour Front-Bench recommendation to accept new clause 13, given the tight timetable that the Minister will be operating on. It is not a core part of the Bill.

I believe that we should oppose amendments 20 and 1 and new clauses 5 and 4. They all, in different ways, attempt to restrict the Prime Minister’s flexibility to put a proposal to this House. Once the Prime Minister has put her proposal to the House, it will at that point be up to the House to reject or amend it. All the points made by hon. Members wanting to restrict the primary legislation can be argued when that motion is put forward. That is the proper time to debate those points.

On new clause 7, I understand the concerns about the European elections, because I personally do not think that it makes much sense for departing member states that are part of the article 50 process to be covered in the same way. However, I draw Members’ attention to the legal opinion drawn up by Lord David Anderson, QC, and five other top lawyers, which says:

“The right to participate in EP elections may be derogated from under EU law,”

and lists a series of other points. I understand that there will be political debates about that; I also think that all hon. Members will consider that the most important thing is for us to get this right, rather than be constrained by this issue. Therefore, I do not think that it is appropriate to accept new clause 7. Nevertheless, Members and the Government should take seriously that legal opinion, which lists a series of ways in which it is thought possible, short of treaty change, to avert the UK having to participate in European elections.

Let me turn to amendment 21, in the name of the hon. Member for Camborne and Redruth (George Eustice), and Government amendment 22, which is an important one. The Minister asked me why a similar provision had been included in previous drafts of the Bill. The reason was that in previous attempts we thought that we would be legislating at a much earlier stage and that therefore there might be a period of weeks in which the Prime Minister should not be restricted from seeking an extension of article 50 in advance, if that was thought necessary in order to prepare. We did not want to restrict the Prime Minister’s hand in that way. Our concern about how the provision is framed now is that it appears to undermine the purpose of the Bill, and I am not sure whether that is the Minister’s intention. Therefore, we should perhaps have further discussions if his amendment is not passed. I would resist it tonight, because I do not want to undermine the purpose of the Bill, although it is obviously important to ensure complete clarity about the Prime Minister’s flexibility to take decisions in the European Council, which of course she has.

[Mr Robin Walker]

I am grateful to the right hon. Lady for that clarification. The Government will still press amendment 22, and we feel it right to do so to protect the powers under the royal prerogative. I can assure her that it is about providing that flexibility. Of course, the process that those on her party’s Front Bench and our Front Bench are engaged with might require that flexibility, whatever the House chooses to do on this legislation. We obviously continue to oppose the Bill, and I should also mention, as I did not mention it in my speech, that we encourage colleagues to support amendment 21.

[Yvette Cooper]

I would argue that Government amendment 22 and amendment 21 should both be opposed at this stage, but if they do not pass and the Bill passes to the other place, I would be keen to have further discussions with the Minister about how we can ensure appropriate clarity for something that I think we all want to see and ensure that the Government can do this in an orderly way.

On that basis, I hope that we can support the drafting amendments to which I have referred. I will personally support new clause 13, but would urge the Committee to resist the other amendments and hope that there can be further constructive discussions to ensure that the Bill does what we want it to do, which is simply to support the Prime Minister’s work to avert no deal and to ensure that we do not end up putting our constituents at risk during the important process that the Prime Minister has instigated, which we hope can successfully achieve agreement on a way forward.

Amendment 13 agreed to.

Amendment proposed: 21, page 1, line 21, leave out subsections (6) and (7)—(George Eustice.)

--- Later in debate ---

Bill read the Third time and passed.

[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.

--- Later in debate ---

[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.

EU: Withdrawal and Future Relationship (Motions)

Yvette Cooper Excerpts

Wednesday 27th March 2019 Commons Chamber

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

The debate is proving to be thoughtful and considered. It is the debate that we should have had two years ago. There was an appetite from all parts of the House and from all different perspectives to have such a debate more than two years ago. There was also a spirit across the House—among those who voted leave and those who voted remain—to come together and find a way to make the process work. It is why so many Members from all parts of the House voted for article 50, but also put forward proposals through Select Committees and different debates, and wanted the chance to table amendments. That is why I called for a cross-party commission to oversee the negotiations from the very beginning. Sadly, that did not happen and the Prime Minister did not want to do things that way. That is why we are in this terrible mess and our constituents are tearing their hair out. Whether they voted leave or remain, people are feeling deeply frustrated and let down.

Just as our constituents—employers and trade unions, neighbours and friends, different parts of communities—come together to compromise and sort things out, it is our responsibility to do that now. The proposal to hold indicative votes was important. We will all have to compromise and vote for motions, parts of which we do not necessarily agree with. We might not agree with every single bit of a motion or an idea, but we might think there is the basis for finding some form of compromise.

When the CBI, which represents 190,000 British businesses, and the TUC, which represents 5.6 million British workers, come together to describe a national emergency, there is a responsibility on us to act. They spoke with other members of a national industrial coalition in Parliament this morning, in a meeting that the right hon. Member for Meriden (Dame Caroline Spelman) and my hon. Friend the Member for Birmingham, Erdington (Jack Dromey) called. They said that a plan B that protects workers, the economy and an open Irish border, commands a parliamentary majority, and is negotiable with the EU must be found. That is why I have put my name to the customs union motion. I have called for that from the beginning and I think it can be the basis of finding consensus and building agreement.

Businesses in our area—our big manufacturers, Burberry and Haribo; local retailers and distributors such as Asda and Teva; small businesses and traders, farmers and florists—have all warned that they need a deal that avoids border delays, tariffs or extra customs bureaucracy. It is why we heard from the motor manufacturers, the National Farmers Union and the aerospace sector in the meeting this morning. They all called for a customs union, which is at the heart of Labour motion (K) on an alternative Brexit approach. It is also why the TUC argued for the importance of the common market 2.0 approach.

In the motions and in points that Members of all parties have made, there is a range of options that we should consider and that mean we can continue to oppose the chaos of no deal, which would be deeply damaging to all our constituents. I keep very much in mind the words of a friend in Pontefract, who I talked to last week. He is waiting for radiotherapy but does not know whether the treatment will be delayed because no deal could put at risk the supply of the short-life isotopes that are needed for radiotherapy. In his interests and those of patients in all our constituencies, as well as constituents who could be hit by higher food, fuel and utilities prices in the event of a chaotic no deal, we must continue to argue against it.

I take a different approach from that suggested by motion (L), because I think that in those circumstances we should argue for more time with the European Union to try to get a resolution and, frankly, to sort things out.

Whatever the outcome today and on Monday, we are going to have to do two things that the Government have fundamentally failed to do—get clarity on what Brexit means and build consensus. We are talking about constitutional change, and nothing lasts without consensus. On Scottish and Welsh devolution, consensus was built and it lasted. On the Lisbon and Maastricht treaties, consensus was not built and support for them has not endured. The same is true in this situation. Unless clear consensus can be built, public consent or a public vote will be needed through a general election or referendum; otherwise it will not last. It is in all of our interests to build consensus, come together and do what we should have done two years ago.

EU Withdrawal Agreement: Legal Changes

Yvette Cooper Excerpts

Monday 11th March 2019 Commons Chamber

[Mr Walker]

My right hon. Friend makes a very good point. Of course we should pass this agreement, but it is vital that the Prime Minister has gone in to negotiate right up to the last moment so that she can address the concerns of this House. I agree with my right hon. Friend that the letter from the Presidents took some steps to address those concerns, but we have sought, and we will continue to seek, legally binding changes.

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

The Minister could not answer the question from my right hon. Friend the Member for Leeds Central (Hilary Benn). The status of tomorrow’s meaningful vote matters because we want to be sure that the Government will not use any shenanigans to avoid further votes later in the week. Will the Minister confirm that if by the end of tomorrow Parliament has not approved a withdrawal agreement and future partnership that have been agreed with the EU for the purposes of section 13(1)(b) of the European Union (Withdrawal) Act, the Government will go ahead on Wednesday with the vote on no deal, followed by the vote on the extension of article 50?

[Mr Walker]

I have already confirmed that by repeating the Prime Minister’s assurance, and we do accept that section 31 of the withdrawal Act is binding.

UK’s Withdrawal from the EU

Yvette Cooper Excerpts

Thursday 14th February 2019 Commons Chamber

[Stephen Barclay]

I am going to come on to that exact issue. The hon. Gentleman cited at the start of his intervention the premise that the European position, as stated, is that there will be no movement. Well, actually, the European Union has also stated that it wants to avoid no deal, which is hugely damaging. The European Union has also stated that it wants to be clear what the will of this House is and what is required in order to secure a deal. It is self-evident that there is a degree of ambiguity between those positions. Indeed—I will come on to this—the discussions we have been having with European leaders are absolutely on that issue. That is why we need some time, in terms of the vote this evening, to continue with those discussions.

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

Further to the Secretary of State’s answer to the right hon. Member for Haltemprice and Howden (Mr Davis), is he really saying that if the Government have no deal in place by the end of March—if they have run out of time—then they would go ahead with no deal on 29 March even when top police chiefs are saying that it will make the country less safe and NHS leaders are saying that there will be shortages of medicines? Is he 100% committed to no deal on 29 March in those circumstances, or are there any circumstances in which he would extend article 50?

[Stephen Barclay]

Again, what I set out was that we are 100% committed to the position set out and agreed by the Cabinet. That position was agreed on 18 December. I was drawing the House’s attention to the fact that the motion today does not change that position, and that position is that it is our priority to secure a deal. I have stated at the Dispatch Box previously that the best way to mitigate the risk of no deal is to secure a deal. I will come on to some of the issues in respect of the consequences of no deal. I have been quite clear with some of my colleagues on my own Benches that I do view no deal as disruptive—much more so than some of my hon. and right hon. Friends. Our priority is to secure a deal, but the principal operational focus if not is to prepare for what is the legal position.

--- Later in debate ---

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

My fear is that we are just drifting—that we are stuck in limbo on something that is going to have consequences for our country for generations. We know not what the alternative arrangements are going to be, and we know not when the Government are going to bring anything back and what it will be, and there are only six weeks to go. Businesses have no idea what to do about their April orders, because they do not know what the terms of trade will be. It is not just that they do not know whether there will be a deal or no deal; they do not even know, if there is no deal, what the basic arrangements are going to be. The British Chambers of Commerce has put questions to the Government and still not had any answers about what tariffs would apply and in which circumstances, and when rules of origin checks need to be done. The police do not know whether European arrest warrants that they have out at the moment on wanted criminals are going to just be ripped up overnight. The NHS does not know what its supplies of medicines are going to be in just six weeks’ time.

A local manufacturing business that exports about 80% of its products contacted me today saying that European suppliers are refusing to agree terms for continued supply; they are now establishing alternative suppliers. That is happening already, because there are only six weeks to go. The business says:

“We are rapidly becoming the laughing stock of the world.”

The Secretary of State, faced with what is effectively this growing chaos, responded today by hardening his position, I thought, in response to the question from the right hon. Member for Haltemprice and Howden (Mr Davis). I assume that that was an arranged response as a result of the threats from the European Research Group again today. The position used to be that the Government were embracing the prospect of no deal if the Prime Minister’s deal is not passed. I have heard people, including in this House, advocate no deal, and I would just say that they are not the people who are going to be overstretched if the prices of their food go up because of WTO tariffs and shortages at the border. They are not the people who will be hit if manufacturing jobs are lost, as so many manufacturers across the country have warned. But all of us will be affected if our border security is undermined because the Border Force cannot do basic criminal records checks on people coming into this country to see whether they are wanted criminals, having lost overnight the basic information from databases that they rely on.

[David T. C. Davies (Monmouth) (Con)]

The right hon. Lady might recall that in November, the Environment, Food and Rural Affairs Committee warned that Brexit could actually cause a huge amount of cheap food imports to flood into the UK. Which particular scare story does she side with: the one that says there will be cheap food imports or the one that says that we are going to run out of fruit and veg?

[Yvette Cooper]

We should take very seriously the warnings about a reduction of up to 80% in the volume of goods passing through the border and the preparations that Border Force is making for that, as well as the warnings from major supermarkets including Lidl, Asda and Tesco about the potential restrictions on the food that they will be able to get into the shops and the warnings from the Environment Secretary—a strong leave campaigner himself—about tariffs on beef and lamb.

[Tom Brake]

Did the right hon. Lady hear a couple of days ago that the food industry is saying that it can no longer take part in Government consultations because no less than a third of its staff are now working on Brexit-related matters?

[Yvette Cooper]

That is really troubling, and it is now happening right across industry and across every sector. We heard this week from manufacturers in the car industry that they are putting tens of millions of pounds into preparations for no deal. It shows the scale of their concern about no deal that they are actually hoping that that money is going to be wasted. They hope that it will not be needed, but they are having to put that money in in the first place.

Some people have said that having no deal on the table is really important as part of a negotiating ploy, but that is just nonsense. The fact that no deal would hit us more than it would hit the other 27 means that this is not like negotiating a business deal, as one hon. Member has suggested. I am afraid that this is much more like negotiating a divorce. You do not just walk out and say goodbye to the home and all the assets without any clue of where you going to sleep that night, while at the same time thinking that this is going to persuade your ex to give you half their pension. It just does not work like that, yet we are taking all these risks.

I would like to believe that the Prime Minister is heading for a workable deal and that she can build a consensus. I have called many times for cross-party consensus and for a cross-party commission to oversee negotiations. I have called many times for a customs union to support Yorkshire manufacturing, for a security backstop—not just for Northern Ireland—and for clarity about the future arrangements. My biggest concern is that we are facing a blindfold Brexit with no idea of what kind of arrangements we face. I would like to see indicative votes on the kinds of approach that hon. Members have suggested.

[Laura Smith (Crewe and Nantwich) (Lab)]

Does my right hon. Friend agree that it is the Prime Minister’s red lines, including not meeting our proposals on the customs union, that are holding us back and keeping us in this position?

--- Later in debate ---

[Yvette Cooper]

I agree with my hon. Friend that the Prime Minister has to change her red lines, particularly around the customs union but in other areas as well, because they are preventing any change and any proper debate on the way forward. Instead, she appears to be trying to create a sense of crisis and chaos in the final two weeks, during which Parliament and the EU will be locked in a game of chicken in which we will be forced to choose between the huge damage of no deal and a deal that has already been strongly rejected by this Parliament. That is not a responsible way to make decisions. It is not a responsible way for any Parliament to operate, and it is certainly not a responsible way for this Government to operate. They have a responsibility to keep us safe, to make sure that the sick can get their medicines and to make sure that the poorest people in this country can afford the price of food. The Government have a responsibility to do things in an effective way, not to create chaos because they cannot get a bad deal through.

We have put forward a revised Bill. Under the proposals, if we get to the middle of March and we still have no deal in place, the Prime Minister will have to choose whether she wants the default to be no deal or an extension of article 50 to give her more time to sort this out. That would have to be put to Parliament, giving Parliament the opportunity to avert no deal on 29 March and the chance to say that the Government’s approach is just not working. It will not have worked if we reach that date without a deal in place. The problem is that if we do not do something sensible like this, we will be living in a fantasy world in which people talk about alternative arrangements and say that everything will be fine and someone will come along and sort it all out, even though none of that will happen.

[Mrs Main]

Will the right hon. Lady give way?

[Yvette Cooper]

I will not; I need to conclude my remarks.

It is as though we are all just standing around admiring the finery of the emperor’s new clothes when actually the emperor is running around stark naked, and everyone is laughing at us—or at least they would be if it were not so sad. So I really hope that the Government will show some responsibility and that they will end up supporting this Bill. Frankly, I hope that they will sort this out before we get to that point–before it is too late.

[Several hon. Members rose—]

European Union (Withdrawal) Act 2018: Statutory Obligations on Ministers

Yvette Cooper Excerpts

Tuesday 11th December 2018 Commons Chamber

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

(Urgent Question): To ask the Attorney General to make a statement about the Government’s obligations under section 13 of the European Union (Withdrawal) Act 2018.

[The Parliamentary Under-Secretary of State for Exiting the European Union (Mr Robin Walker)]

I recognise that this question was the subject of much discussion and some speculation yesterday, so I hope to be able to put the minds of the right hon. Lady and other hon. Members at ease.

Put simply, in keeping with the clear intention of the European Union (Withdrawal) Act 2018, the Government will ensure that the question whether to accept an agreement is brought back to this House before 21 January. If Parliament accepts that deal, we will introduce the European Union (Withdrawal Agreement) Bill to implement the withdrawal agreement in domestic legislation.

If Parliament were to reject the deal, the Government would be required to make a statement on our proposed next steps and table a motion in neutral terms on that statement. Following the passing of the amendment to the business of the House motion last week, that motion will be amendable. It is our clear intention that this House will consider the matter before 21 January, and have the opportunity to decide on the deal.

Let me also say this clearly: in the unlikely and highly undesirable circumstances that, as of 21 January, there is no deal before the House, the Government would bring a statement to the House and arrange for a debate, as specified by the law.

I am confident that we will have a deal that the House can support. I hope that the statement puts to rest hon. Members’ concerns about the Government’s commitment to meet the spirit, as well as the letter, of the withdrawal Act, and to respect the will of the House.

[Yvette Cooper]

I thank the Minister for those assurances but, in the current circumstances, they are not enough. I asked this urgent question of the Attorney General because we need to know the Government’s legal interpretation of section 13 of the European Union (Withdrawal) Act and we need to be assured that, as well as legally, the Government will abide by the spirit of the Act. Now that the Government have pulled the vote, we do not know when a vote will come on the deal, or even whether a vote will come.

No. 10’s official spokesman said this morning that the vote would come by 21 January, and the Minister has said that it will come by 21 January. However, yesterday morning the Secretary of State for Environment, Food and Rural Affairs, who is sitting on the Front Bench, confirmed that the vote was 100% going to happen. Yesterday, at 11 am, No. 10’s spokesperson said that the vote “is going ahead.” By 3.30 pm, the Prime Minister had pulled it.

The Minister’s warm words are therefore not enough, when so much is at stake. Who knows? This goes for the Cabinet and for all Conservative Members, too. None of us knows whether the Prime Minister is going to pull the vote again, or whether she is even going to table a vote on the deal again.

If we get to 21 January and there is no deal, the agreement of Parliament was that the Government should make a statement, that Parliament should be able to vote on it and that it should be amendable. The Minister says that, in the unlikely event that there is no deal, that would happen. However, we need an urgent assurance from the Attorney General that the Government will not find a loophole in this by saying that there is a deal, even though we have not voted on it, and thereby avoiding the requirements of section 13 subsections (7) to (11), which would require a vote by 21 January.

In other words, if the Government never quite get round to offering a vote on this deal until it is too late, but also do not have a vote on no deal, keeping us in limbo—no vote on the deal and no vote on no deal—it would be a constitutional outrage. It would upend the spirit of the European Union (Withdrawal) Act and, much worse, it would either let the country drift or force the country into no deal without a parliamentary vote.

We need written assurances from the Attorney General on the Government’s interpretation of the Act, and we need the assurance that, even if there has been no vote on this deal and even if the Government still claim that the deal applies were there to be no vote on it by 21 January, the Government will still abide by section 13 subsections (7) to (11) and ensure there is a statement and an amendable vote on their plans, including on whether or not this means no deal, and that it will happen, under any circumstances, by 21 January.

I make no apology for my purpose in asking this urgent question. I already think 21 January is far too late for businesses and for Government Departments, which will already be thinking that they have to chuck everything at preparing for no deal. I want to stop this country careering into no deal, either by accident or by the deliberate intention of the Government, with all the damaging consequences for jobs, for prosperity and for our national security, without Parliament having a say and without Parliament being able to stop that happening. Even if other Members do not agree with me in that purpose, I hope that they will agree that this Parliament cannot be ignored, which is why we need the Attorney General’s written advice.

[Mr Walker]

I have great respect for the right hon. Lady. I understand that she came to this House expecting to have a row about the Government’s interpretation, and I understand the questions she has just asked. I am responding to this urgent question because my Department is responsible for the legislation that enacts the deal, and I have given her our very clear interpretation of that legislation, which is that we will have a motion before the House by 21 January, in all the different scenarios I talked through in my statement.

The answer to the right hon. Lady is very clear. We respect the decision made by this House that the Government should come back to the House with a motion in the event that no deal had been agreed or in the event that this House had rejected a deal. That is clear from my statement.

What we are therefore saying is that there will be a motion by 21 January, and I agree with the right hon. Lady—I would much rather it were, and I fully expect it to be, sooner. I fully expect this House to have the opportunity to debate a withdrawal agreement that it is able to support. So let us work together to achieve that, but let us not allow some of the conspiracy theories and the scare stories that have been told about this to run away when I have just clarified the Government’s position.