Order. Before we get under way with the debate, I would like to ask the House to join me in thanking, extremely warmly, Graeme Cowie and Vaughne Miller, brilliant members of staff in the Library, for producing, under extreme pressure of time, a comprehensive and informative brief for this debate, not least in response to the representations of colleagues yesterday afternoon. They are wonderful servants of the House and we say thank you to them. [Hon. Members: “Hear, hear.”]
We now come to the motion on the United Kingdom’s withdrawal from the European Union. I inform the House that I have not selected amendments. I remind the House that under the terms of the business motion just agreed to, the debate may continue until 2.30 pm, at which time the question will be put.
I beg to move,
That this House notes the European Council Decision of 22 March 2019 taken in agreement with the United Kingdom extending the period under Article 50(3) of the Treaty on European Union, which provides for an extension to the Article 50 period to 22 May 2019 only if the House of Commons approves the Withdrawal Agreement by 29 March 2019; notes that if the House does not do so by that date the Article 50 period will only as a matter of law be extended to 12 April 2019 and that any extension beyond 22 May 2019 would require the UK to bring forward the necessary Day of Poll Order to hold elections to the European Parliament; notes that Article 184 of the Withdrawal Agreement refers to the Political Declaration between the UK and EU agreed on 25 November 2018, but that the EU has stated it remains open to negotiating changes to the Political Declaration; notes that the House is currently undertaking deliberations to identify whether there is a design for the future relationship that commands its support; notes that even should changes be sought to the Political Declaration, leaving the European Union with a deal still requires the Withdrawal Agreement; declares that it wishes to leave the EU with an agreement as soon as possible and does not wish to have a longer extension; therefore approves the Withdrawal Agreement, the Joint Instrument and the Unilateral Declaration laid before the House on 11 March 2019 so that the UK can leave the EU on 22 May 2019; notes that this approval does not by itself meet the requirements of section 13(1)(b) of the European Union (Withdrawal) Act 2018; and resolves that it is content to proceed to the next steps of this process, including fulfilling section 13 of this Act.
May I begin by thanking all Members for coming to the House on a Friday, and by apologising for the fact that we have had to convene today? The reasons we are convening today are partly to be found in the fact that today is 29 March, and as this House voted some months and years ago, it was today that should have been the day on which we left the European Union. However, we are—
Precisely: we are where we are. I intend not to review how and why we have arrived at this point, but to explain the motion that the Government have placed before the House.
On 21 March, the Council agreed a decision that if the withdrawal agreement is approved, we have a legal right as a country to an extension to 22 May 2019. If this withdrawal agreement is not approved, that extension will expire on 11 April. That means that any other extension that this House might desire to be agreed by the Union would be at its discretion, subject to the veto of 27 leaders. Therefore, by this evening, if the 11 o’clock deadline expires and the agreement has not been approved, that legal right will expire with it.
Will the Attorney General give way?
I will in a moment, but not now.
This is, therefore, the last opportunity to take advantage of our legal right. The Government have taken the view that it would have been wrong to allow that time and date to expire without giving this House the opportunity to consider whether it should avail itself of the legal right or whether it should move into a position where any further extension will be at the discretion of the 27 leaders.
I am not taking interventions at the moment; I will in due course. [Interruption.] I do not intend to take long. I want to set out clearly the choice before the House today.
The minimum necessary in order to secure this right, which is ours as a matter of law, is that the withdrawal agreement is approved. All negotiated exits from the European Union will require this withdrawal agreement to have been approved. The Union has made it abundantly clear, and the decision—
The Attorney General refused to accept my intervention, Mr Speaker. I believe that he may be inadvertently misleading us. He spoke very importantly about the date, the significance of today and the importance of the deadline this evening. However, I know that the Government approached those of us working on the indicative votes process asking us whether we would reschedule our indicative votes business for today. If that is the case, why is there this significance? Surely the Attorney General is misleading us about the significance of holding the vote today.
I will take interventions. I did not refuse the hon. Gentleman’s; I was just asking whether he would be patient. Let me deal with his point now. The Government were considering asking that the indicative votes process continue this morning, so that we could have brought a motion this afternoon or this evening. That is exactly what the thinking was. There is no desire on the part of this Government to interfere with the process that the House is currently undergoing—on the contrary, the motion acknowledges it and notes it. I will come to it, if I may, in due course.
The minimum necessary to secure our legal right to an extension, therefore, is that this withdrawal agreement be approved. All negotiated exits that any Member of this House might conjecture or dream of will require this withdrawal agreement. Therefore the House has before it a clear choice this morning: it can either approve this withdrawal agreement, knowing that by doing so it secures its right to an extension; or it can decline to do so and know, in doing that, that by next week there will be no right to an extension, that any extension applied for will require some clear indication of the pathway forward and a stable majority behind it, and, thirdly, that it will be subject to the veto of those 27 member states.
That brings me to the motion before the House. This motion sets out clearly that it is not a meaningful vote pursuant to section 13(1)(b) of the Act. It is designed solely to give the opportunity to this House of taking advantage of the right that we have in international law. Indeed, it could not be a vote under section 13(1)(b) precisely because, Mr Speaker, you have ruled—a ruling that the Government fully respect—that a meaningful vote cannot be brought back while it poses the same or substantially the same question to this House.
Therefore, this motion has been designed to comply with your ruling, Mr Speaker, and in complying with that ruling, it cannot comply with the requirements of section 13 of the withdrawal Act. We put before the House the choice that the House faces today. What this choice will bring is certainty to thousands of businesses and millions of individual citizens throughout this country and to 1 million citizens of our country residing in the European Union. That is a not inconsiderable benefit. That certainty will be because, by taking the step of approving the withdrawal agreement today, the House will set out a clear and certain pathway to our departure from the European Union.
Let me come now to the political declaration.
I will not give way now, but I will give way to Members in due course. I want to set out the choice before the House.
As the motion acknowledges, the political declaration is open to change. The Union has accepted that it is open to negotiating change and that it will consent to discuss it, and so the House is undergoing a process at the moment of seeing whether a stable majority can be found for any political solution for the future. Of course, the Government respect that process: they acknowledge that it is continuing and they accept therefore that further steps will be necessary to approve the political declaration in this House.
This House will have to ratify not only the withdrawal agreement, but the political declaration. So the Government will give consideration as to precisely how the full package will be approved with the political declaration. One option will be to introduce the EU withdrawal implementation agreement Bill before this House. If this agreement is approved today, the Government will introduce the Bill within the next few days.
I am grateful to the Attorney General for giving way. Does he agree with me that the motion today flatly contradicts the European Union (Withdrawal) Act 2018, which specifically provides that both the political declaration and the withdrawal agreement must be in place before we comply with the Act?
As the motion notes, this is not purporting to be a section 13(1) vote. This is simply designed to afford the House the chance of taking advantage of the legal right established by the Council decision. It is not a vote under section 13. There is nothing unlawful and certainly nothing procedurally improper about it. It is done to afford the House this chance.
I am grateful to the Attorney General for giving way. I want to ask him about the consequences for any further extension of this motion passing today. If we get until 22 May but in the week leading up to that it becomes clear that we have still not reached agreement on a political declaration, and if we ask the EU for a further extension, is it not likely to say, “I’m sorry—you can’t have one because you did not take part in the European Parliament elections”? Therefore, defeating this motion today will at least give us the chance to make that choice with an extension until 12 April, when we could get a longer extension. We could not get that if we go to 22 May.
I understand the right hon. Gentleman’s point. I say straightaway that the answer is that this is the only right we have to an extension. If we move into next week without securing it, we take the chance that among those 27 leaders there will be vetoes.
The right hon. Gentleman asks me about European parliamentary elections. Plainly, the stated position of the European Union is that we would have to organise and stand in those elections if we went beyond 23 May. Some lawyers, of course, disagree with that stated position and say that it would not be necessary, but that is the stated position of the Union. The point, however, is that we have the opportunity here to embrace certainty.
What the right hon. Gentleman’s prescription would have us do is take a chance on the good will of the 27 member states of the European Union granting us another extension. The withdrawal agreement—everyone knows; the right hon. Gentleman knows—is an essential prerequisite for our departure from the European Union. That may be why he does not want to vote for it. The official Labour position is that it does not disagree or object to a clause or article of the withdrawal agreement. The country looking on must judge this. The Opposition do not object; they have not emitted a peep of disagreement with a single clause or article of that agreement, and their position today is that they intend to vote it down. What kind of cynicism is that?
The opportunity now is for us to embrace the certain legal right of an extension to 22 May. That will give us the opportunity to give certainty to the country and allow the process of reconsideration of the political declaration to take place.
I am most grateful to my right hon. and learned Friend for giving way. I entirely agree that, of course, apart from the dates of 12 April and 22 May, any other extension for a longer period would have to be agreed with the other 27 member states, but was it not made quite clear when the Prime Minister was at the last European Union summit that an extension to 22 May was what was described as a “technical” extension for the purpose simply of bringing about what had been agreed fully and completely in this House? If we extend to 22 May without reaching that conclusion now, we run the serious risk that we will not be able to extend further at that date if we have not completed all parts of both the withdrawal agreement and the political declaration, but if we were to go back now and ask for longer, it would be given to us if we wanted to consider other options.
My right hon. and learned Friend is a very distinguished and able lawyer, but I never knew that he had a crystal ball. The fact of the matter is that the European Union has not agreed to grant any longer extension. It will be subject to the veto of any of the 27, and it would certainly be subject to clear signs in the House that there was a stable majority for an alternative solution, and a stable way to deliver it.
I must make progress, but I will give way, particularly to the hon. Member for Rhondda (Chris Bryant).
The reason for the motion today, and for the form of the motion, is that it enables the House to secure this legal right. It is the case that the Government make that the agreement is required in any event. Members on the other side do not dispute the requirement for the agreement to be passed, so we invite the House to secure the certainty of the extension; to continue the process of the political declaration reconsiderations; to enable us, by 22 May, to ratify the domestic implementing legislation; and to conclude discussions on the political declaration.
The Attorney General’s argument is basically that this is a way to guarantee certainty for business in the country. However, if today’s motion is carried, there will be no certainty. The Government will not be able to ratify the treaty—I think that he accepts that they will not be able to do so—and a proper motion will still have to be introduced in this House, and the other House, including both sides. There will still have to be a Bill, which will be the subject of contentious dispute. There is no certainty—if anything, today throws more uncertainty into the process.
There will certainly have to be a Bill. There will have to be a process of ratification in the House, which is why, if it votes for the withdrawal agreement today, it would be surprising if it did not vote to implement the withdrawal agreement. This is the step that we need to take.
If we pass the motion, given that we have business on Monday to continue to express our preferences, and if Mr Speaker were willing, could we not introduce a motion that captured what we decide today—if that is to accept the divorce settlement—with the motion that the Father of the House, the right hon. and learned Member for Rushcliffe (Mr Clarke), put to us to vote on this week, which came the nearest to being passed, so that we would have the divorce settlement and alternatives, including the customs union?
Plainly, that would be open to the House to do. The problem is that we would have lost the legal right to the extension, so we would apply to the discretion of the Union for it to be granted.
Let me come back to the political declaration, because it is important that I should say a few more words about it. The process that is—
I will give way to my hon. Friend the Member for Stone (Sir William Cash), but let me complete my remarks on the political declaration. The process is being undergone by the House at the moment. The Government recognise that process and will in due course make decisions on how and if we can implement anything that might emerge from that. The whole point of the political declaration is that it cannot be negotiated with the European Union now.
What the Government are saying—and some amendments were tabled, I think, by the hon. Member for Stoke-on-Trent Central (Gareth Snell)—in connection with the next stage of the political declaration and its negotiation with the European Union is that there will be new mechanisms and new procedures so that the House can be properly consulted and have a role in the manner in which the political declaration, once it is finalised in the House, will be negotiated in that second stage. I can say to the hon. Member for Stoke-on-Trent Central—I shall give way to him in a moment—that the Government would have accepted the amendments that he tabled, with others standing in his name.
I thank the Attorney General for giving way. The amendment that I tabled with colleagues today was very clear. Any process for the House would have to be underpinned by legislation—it would have to form part of a withdrawal agreement implementation Bill, and there would have to be a clear role for the House to agree the future relationship before it was signed off with the European Union. Can he give confirmation at the Dispatch Box, if he introduces the Bill next week, that those measures will be in clear text, in that Bill, in black and white?
We would have accepted the hon. Gentleman’s amendments. Clearly, in terms of the detailed working out of those amendments, in discussion—[Hon. Members: “Ah!”]. No, no, no—hon. Members can table an amendment. If it requires amendment to that legislation, we would obviously consider the detail carefully, but we would be minded to accept such.
I am most grateful to the Attorney General for giving way. He has referred on a number of occasions to the withdrawal and implementation Bill. He knows, as do the Secretary of State for Exiting the European Union, the Prime Minister and others, that the European Scrutiny Committee has asked repeatedly over the past month for a draft or a copy of the withdrawal and implementation Bill. He has just said that if the withdrawal agreement goes through, the withdrawal and implementation Bill will follow. If the withdrawal agreement is not approved today, will the withdrawal and implementation Bill come to this House and be introduced in any event?
What I can say to my hon. Friend is that we would certainly give it very careful consideration. We have taken the view up till now that, before the withdrawal agreement is approved, it is premature to publish the Bill. There are certain elements of it that still remain to be finalised. However, as I have said to my hon. Friend privately, the moment we are in a position to publish it, he, as Chairman of the Committee, will be among the first to see it.
I must make some progress. I am very conscious that it is Friday and that we need to move forward as swiftly as we can.
The House can take a single, decisive step today to afford certainty to the millions of people throughout this country who are waiting for it and to have a short—not prolonged—extension that will bring our exit from the European Union to 22 May. There will be no further uncertainty. The political declaration can be resolved in that time. The ratification of the Bill can proceed with any amendments that might be forthcoming in connection with the subsequent negotiating stage.
I submit to the House the responsible thing. I ask the House to consider and reflect carefully, because what we have before us today is the legal right to extend. No other extension is guaranteed; every other extension would require European parliamentary elections, as the right hon. Member for Leeds Central (Hilary Benn) said. We are therefore at an important crossroads for the purposes of this nation’s future and its history, and I urge all Members of his House to embrace this opportunity now, when this withdrawal agreement, in its substance, is in no way objectionable to any Member willing to consider moving forward with it. In those circumstances, what conceivable point can there be now in not embracing this agreement, subject to further discussions on the political declaration? I urge the House to vote for this agreement.
Members of this House secured a proper meaningful vote for a purpose. It was so that this House would be able to make an informed judgment on the future of our whole country. The point was to know not only the terms of the withdrawal but what the future relationship would look like—a future relationship that would shape our economy and our constituents’ jobs and livelihoods for decades to come. To consider those two things together is vital; it is what this House should rightly expect, and what has always been promised, because it is central to the whole process.
Article 50 itself says:
“the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union.”
If we look at the withdrawal agreement, article 184 specifically refers to the political declaration and even identifies the particular document.
In their letter to the Prime Minister of 14 January, Presidents Juncker and Tusk said this:
“As for the link between the Withdrawal Agreement and the Political Declaration, to which you make reference in your letter, it can be made clear that these two documents, while being of a different nature, are part of the same negotiated package. In order to underline the close relationship between the two texts, they can be published side by side in the Official Journal in a manner reflecting the link between the two as provided for in Article 50”.
It is also what the Prime Minister herself has always said. On “Sophy Ridge” on 21 November last year, this was her view:
“we agreed the withdrawal agreement in principle last week, the withdrawal agreement goes alongside the future relationship, it’s the future relationship that actually delivers, if you like, on people’s concerns in the withdrawal agreement.”
I will give way in a moment. I will just finish this part of my speech.
The Prime Minister continued:
“Getting that future relationship right is necessary but nothing’s agreed until everything is agreed.”
She is not known for her flexibility, so, unsurprisingly, on 14 January in the House, she said again:
“the link between them means that the commitments of one cannot be banked without the commitments of the other.”
Let me finish this section.
The Prime Minister went on:
“The EU has been clear that they come as a package. Bad faith by either side in negotiating the legal instruments that will deliver the future relationship laid out in the political declaration would be a breach of their legal obligations under the withdrawal agreement.”—[Official Report, 14 January 2019; Vol. 652, c. 826.]
How many times have I heard the Attorney General argue from the Dispatch Box, when we have spoken about the backstop and the future relationship, about the importance of reasonable endeavours and good faith in ensuring that we secure a future trade agreement in good time? Yet the Government have now decided to remove from our consideration in the motion today one of the documents against which we can judge bad faith.
The fact is that the withdrawal agreement would be accepted by the European Union—that is the first point. The second point is that it sorts out the implementation period and the money and, crucially, that it guarantees citizens’ rights for my constituents, EU nationals and Brits abroad. Which of those factors does the hon. Gentleman actually disagree with? The answer is none.
I will answer. We used to say that the political declaration was so vague that it was a blindfold Brexit. However, we also now know, because the Prime Minister has made it clear that she intends to leave office, that rather than this just being a blindfold Brexit, the Tory party is asking us not only to be blindfolded but to be led into a different room by a different Tory Prime Minister. Let us be clear: this will be a Prime Minister ultimately chosen by Conservative party members, who constitute a tiny part of the wider electorate. The Tory party can talk about the national interest, but it is not in the national interest for the future of our country to be decided by a Tory leadership contest.
I thank my hon. Friend for giving way. He is making excellent points and, in the process, demolishing the premise of the Attorney General’s request to the House today. The Attorney General did not take my intervention, but in his speech he promised mechanisms and processes to Parliament to guarantee a future say. We acted in good faith on section 13 of the European Union (Withdrawal) Act 2018, which put both these things together. With the Government today undermining that mechanism, why should we trust a word the Attorney General says?
My hon. Friend is absolutely right. Let me be clear: Labour Members will never leave a Tory Prime Minister free to rip up workers’ rights and protections and to put the jobs and livelihoods of our constituents at risk in a Brexit that would be driven by ideology. As my hon. Friend set out, the motion before us today is clear, and the Attorney General is clear, that it does not even pretend to meet the requirements of section 13 of the European Union (Withdrawal) Act.
We have always been clear: the two documents—the declaration and the withdrawal agreement—have to be taken together. The chicanery of this Government in trying to separate them does them no credit whatsoever. The Government can seek to blame others because they cannot carry out the statutory approval process in their own legislation, but we are here today because this Government have manifestly failed on their central policy over the past two years. The handling of the negotiations has been frankly disastrous.
The Prime Minister took office in July 2016. It was then that she could have tried, after the referendum, to build a cross-party consensus on the way forward. The Prime Minister did not. She called a general election in June 2017; she lost her majority. Knowing then that she was leading a minority Government, again, she could have reached out across this House, and she did not.
People outside this Chamber will rightly wonder what on earth is going on today, so can my hon. Friend confirm, for the benefit of my constituents and the rest of the country, that the Labour party has voted repeatedly for Brexit, but for a different deal—for a Brexit that supports and protects jobs and workers? If the Conservatives would move their red lines a bit, we could honour the result of that referendum, as we all want to do.
For months and months, my right hon. Friend the Leader of the Opposition, the shadow Brexit Secretary and many, many others have made it clear to the Prime Minister that if only she would change her red lines, we could reach a consensus on the way forward.
Does the hon. Gentleman agree that what we have heard today from the Attorney General is an attempt to dress up political shenanigans as a requirement to secure legal certainty, when in actual fact what the Government are trying to do is solve the Tory party’s political problems so that they can usher in an unelected right-wing Prime Minister to negotiate—[Interruption.] Shut up! [Interruption.]
Perhaps hon. Members on the Government Benches would like to go and join the mob outside. What this is about today is an attempt to solve the Conservative party’s political problems and usher in a right-wing, unelected Tory Prime Minister to negotiate a Canada-style free trade agreement and a workers’ rights-free Singapore-style economy.
We talk about political chicanery today, and the hon. and learned Lady is absolutely right. Remember, as well, that today’s was a non-binding motion. I appreciate that you have not chosen any amendments, Mr Speaker, but even if you had, they would not have been binding in any event and the Government could have wriggled out of them in due course.
I am very grateful to the hon. Gentleman for giving way. It was the EU Council itself that separated these two strands of the process. Both strands have to be delivered. The letter that he referred to from Presidents Tusk and Juncker, while referring to both parts of the package, in no way suggested that they had to be voted upon on the same day or simultaneously. May I put it gently to the hon. Gentleman that he is dancing on the head of a pin to provide a fig leaf?
I am going to make some progress; I have given way a number of times.
The Prime Minister signed off the withdrawal agreement and the political declaration in November. She was originally supposed to hold the meaningful vote on 11 December. Since the day she took the decision to abandon that vote—the day before it was due to take place—109 days have passed. She knew then that the deal was going to be defeated by a substantial margin, but she ploughed on. On 15 January, the Government suffered the biggest defeat in parliamentary history, by a margin of 230 votes, on the first meaningful vote. Two weeks later, on 29 January, the Prime Minister promised the House that she would change the withdrawal agreement:
“What I am talking about is not a further exchange of letters but a significant and legally binding change to the withdrawal agreement. Negotiating such a change will not be easy. It will involve reopening the withdrawal agreement”.—[Official Report, 29 January 2019; Vol. 653, c. 678.]
At this late stage in negotiations, any withdrawal agreement would have required the backstop. It was always totally unrealistic for the Prime Minister to pretend that she could drop the backstop entirely or make substantive changes to the withdrawal agreement, yet she wasted weeks and weeks on this fruitless pursuit, including voting for the amendment in the name of the hon. Member for Altrincham and Sale West (Sir Graham Brady), which required the Northern Ireland backstop to be replaced by “alternative arrangements”. Those arrangements have not been secured and they could never have been secured.
On 12 March, the Government suffered the fourth largest defeat in parliamentary history, by a margin of 149 votes, on the second meaningful vote. And now the Government are trying to carve out the withdrawal agreement, in a last-ditch attempt to save a botched deal that has failed to even come close to commanding the support of a majority of this House. This Prime Minister has recklessly run down the clock. She knows that her deal is unacceptable and she has failed time and time again to listen and to change course.
Too often this Government have ignored motions of this House. It took Parliament to fight for a meaningful vote on the two documents, the withdrawal agreement and the political declaration, to be considered together. To suggest that they should be considered separately now is to go back on what the Government have been saying about the importance of the link between them for months and months.
I thank my hon. Friend for giving way. As always, he is giving a fine performance at the Dispatch Box highlighting the Labour party’s position, but could I seek from him two points of clarity? As was made clear by my hon. Friend the Member for Ashfield (Gloria De Piero), the Labour party has on numerous occasions put forward what we consider to be an acceptable form of Brexit. If the Prime Minister were to relent on her red lines and accept that form of Brexit, and the Labour party were to consider that acceptable, can he confirm for me whether the Labour party would still consider that deal as requiring a confirmatory public vote? Secondly, when this deal fails this evening, our choice on 12 April will be no deal or a lengthy extension. Can he outline for me what length of extension the Labour party will be seeking and for what purpose?
I say to my hon. Friend that we have raised the idea of a comprehensive customs union for months and months. That has not been properly considered because of the Prime Minister; it is nothing to do with the Opposition. Let me be clear: we will never mortgage all our futures on the outcome of a Conservative party leadership contest which most Members have no control over at all and would have to sit back and watch.
Without the clarity and protections that we need in the political declaration, we should not approve this withdrawal agreement. Today’s vote is a shoddy gimmick from a desperate Government trying to hide away from the reality that a meaningful vote on the political declaration and the withdrawal agreement still needs to be brought back to the House. For months and months, the Prime Minister’s deal has simply created division and discord when we needed consensus on the way forward. The national interest is in building consensus for a future that protects the jobs and livelihoods of all our constituents. That is why the House should reject this motion.
Order. I understand the hubbub and air of excitement in the Chamber, for which I am sure the hon. Gentleman is suitably grateful, but the House must hear colleagues deliver their speeches—in the first instance, that of the Chair of the European Scrutiny Committee.
Thank you, Mr Speaker. We have heard a great deal about the process and the underlying reasons for this motion this morning, but we are really dealing with whether the withdrawal agreement should be passed and approved today, and if not, why not. The first point I make in that respect is quite simple and straightforward: under article 4 of the withdrawal agreement, we will, for a significant period, lose control over the lawmaking conferred on the House by virtue of our election as Members of Parliament according to the wishes of voters in general elections. It is unconscionable that, for whatever reason, the House should be politically castrated by the arrangements set out in article 4. For that reason alone, it is therefore unthinkable that the withdrawal agreement should be passed.
I just refer to the state of affairs within the German constitutional court, which takes precedence over all EU laws. That court often expresses rulings insisting that the EU can only operate or legislate in accordance with what the Bundestag has given it, and that EU actions are illegal if they depart from the terms in which the Bundestag gave that power. If that is good enough for Germany, it is good enough for this country, is it not?
I asked the Attorney General whether there will be a withdrawal and implementation Bill even if the withdrawal agreement goes down this evening. I got no answer, just as I received no answer from the Prime Minister to several questions I put to her about whether the Attorney General had given legal advice in accordance with the ministerial code. One characteristic of this debate is that, when we ask difficult questions, we tend to get no answer. That is not good enough, in terms of the accountability of the Government to the House. That is point No. 1, regarding control over laws. It is unconscionable.
I am grateful to my hon. Friend, with whom I have regular discussions. He makes an interesting point about Germany, and the fact that the Bundesverfassungsgericht has often made that point. However, is it not true that that actually amounts to no more than, to coin a phrase, a political declaration by a court? Were it tested in front of the European Court of Justice, it would be shown that German law is inferior to European law in the same way as for every other member state. That is why we in the United Kingdom have to have legal exit and stop being a member state, however painful the route to get there.
I understand my hon. Friend’s point, but I have to point out to him that, under EU law, it has been made abundantly clear in several cases regarding the constitutional orders of member states—van Gend en Loos, Costa and similar cases—that the European Court asserts superiority over the internal constitutional orders of the country in question. The reality is that the question he and I raise demonstrates a conflict over competence, because, as I have stated, the German constitutional court will not countenance direct contradiction of its own lawmaking.
The next point I wish to make regards the Northern Ireland backstop. I know that many Members are more than familiar with this; we have justifiably spent an enormous amount of time on this question. However, it really boils down to the constitutional status of Northern Ireland within the United Kingdom. The European Communities Act 1972—[Interruption.]
Order. I am sorry to interrupt, but I think, if I may say so, that we should reflect on the fact that the debate is being widely viewed. It is rather discourteous when a Member is addressing the House for there to be a hubbub. Let us listen to the hon. Gentleman.
My hon. Friend makes a series of powerful points, but is not the problem that he is letting the perfect be the enemy of the acceptable? Today we have the chance to leave the European Union, but he and others are preventing that from happening.
I of course want to leave the European Union, but the problem with the withdrawal agreement is that it does not, I assert, represent Brexit, in terms of repealing the 1972 Act. As I was saying, that is an Act of Parliament not only of Great Britain but of Northern Ireland. The constitutional status of Northern Ireland is therefore at stake, with respect to the question of the Northern Ireland backstop. There is no doubt about that.
I heard the Prime Minister repeatedly mention our precious Union. The Northern Ireland backstop drives a coach and horses through the precious Union––that is the problem. As I understand it, that is precisely why the Democratic Unionist party will vote against the withdrawal agreement today—because it puts the Union at risk.
Is it my hon. Friend’s view that we are not being shown today the Bill to implement the withdrawal agreement because it would reveal that we have to remove the repeal of the 1972 Act, or reintroduce all the European Union powers, proving that this is not leaving the European Union?
That is exactly the point. I see the Solicitor General chuntering a little. He is a good friend of mine, but I have to say that he knows this is a serious point––the Attorney General referred to private conversations I have had, and I will now refer to one that I had with both him and the Solicitor General—and he acknowledges that it would need to be sorted out, because there is a serious worry.
What happened can be very simply stated. On 26 June last year, we passed the European Union (Withdrawal) Act 2018, section 1 of which states that the European Communities Act 1972 is to be repealed on exit day. Exit day operates in lockstep with whatever exit day turns out to be. However, the reality is that, because of the saving provisions, and under article 4, on the capacity of the Court to disapply enactments, it is just conceivable—indeed, it is highly possible—that issues of interpretation could arise.
We need to discuss this properly, but we cannot do so until we see the implementation Bill. I know that the Solicitor General agrees. In fact, some Secretaries of State—I will not disclose which—have told me that they think we should see a copy of the Bill, because until we see the drafting, we will be unable to judge its impact on the repeal of the 1972 Act, which itself is the anchor of the referendum. I repeat the point that the referendum was itself endorsed by a sovereign Act of this Parliament that transferred the decision to the British people, and the British people make that decision, in line with the wishes of the electorate.
I am perfectly clear that whatever the public voted for in the referendum, or at the last general election, nobody had a clue that they would be voting for a withdrawal agreement anything like the one before the House today. May I ask my hon. Friend about a matter of good faith? I interpreted the Attorney General’s remarks to be a suggestion that we should perhaps approve the agreement today in order to satisfy the technical terms of the extension agreed by the EU27, on the basis of some kind of ruse to get a further extension, even though we have not actually approved the withdrawal agreement and the political declaration in the terms that we said we would. Is that an act of good faith with our European partners?
I very much agree with my hon. Friend. Indeed, I will go further and say that the change of gear between 26 June, when the withdrawal Act received Royal Assent, and 12 July, when the White Paper that followed the Chequers proposals was published, demonstrated bad faith, because it must have been pre-planned while the withdrawal Bill—which I thoroughly agreed with and gave the Government every conceivable assistance in getting through––was going through Parliament. The reality is that it was produced only 10 days later, so we need only ask how the Government could write an 80-page White Paper without planning it some months in advance.
My hon. Friend knows that I revere him when it comes to constitutional law. I wonder whether, in the course of his argument, he is not slightly making the case that we need to get to the implementation Bill, because only when we can debate that Bill will we be able to decide what protections are left. I would love to hear him speak to the Bill, because I will certainly support his amendments.
My right hon. Friend makes a very good point. That is why I have just asked the Attorney General for an assurance—he did not answer my question—that if the withdrawal agreement is not approved today, the Government will bring in the Bill anyway. A lot of people are telling me, as Chair of the European Scrutiny Committee—I am pleased to see the Leader of the House shake her head—that if this agreement is rejected, it will not be followed by a Bill. Is that crystal clear? I look to the Leader of the House for confirmation. Is it quite clear that there will be no Bill if this agreement is rejected? She does not answer.
The European Council decision is yet another example of the manner in which this great country has effectively capitulated to the demands of the European Council. That is one of my greatest objections to the motion. Last March—a whole year ago—the European Scrutiny Committee produced a report stating that we should never have accepted the sequencing or the terms of reference laid down by the European Union. That was capitulation, not compromise. It is so important that the House recognises that in the vote today.
I am enormously grateful to the hon. Gentleman for giving way—my patience has paid off. Let me take him back to his remarks about Northern Ireland. May I gently remind him that the DUP does not speak for the majority of people in Northern Ireland? May I also reflect on the fact that the Prime Minister cares deeply about the United Kingdom? She cares so deeply about the United Kingdom that the Good Friday Belfast agreement and the consent principle are protected in black and white in her withdrawal deal, and therefore the constitutional status of Northern Ireland remains the same: it remains in the hands of the people of Northern Ireland voting in a border poll.
I have great respect for the hon. Lady. I will only say that we have had this debate before and we differ on the matter. Of course I want to see the Good Friday agreement retained, because it has been a tremendous triumph, and I in no way wish to disparage that. However, there are very serious questions about the constitutional status of Northern Ireland as a result of the backstop. I have heard hon. Friends—good friends of mine—who themselves may have changed their minds on whether to support the withdrawal agreement, repeatedly objecting to the backstop. We have had the distinguished Attorney General and Solicitor General opining on the subject. We have had some very interesting outcomes. However, the reality is that the backstop is an insuperable impediment to the House agreeing to the withdrawal agreement.
My hon. Friend talks about opting back into the European Communities Act, which we all know is what will happen in the transition, but there is a key word there: “transition.” Does he accept that the risk of defeating the withdrawal agreement today is that we will stay in the European Communities Act forever?
No, because I have heard no suggestion, from either side of the House, that the repeal of the 1972 Act would itself be repealed—there is no question about that. The reality is that, because that is an Act of Parliament and therefore set in stone, I do not believe that will happen. Furthermore, the consequences of our moving on to the next phase will reinforce that. I can only say that the British people will be incredibly angry—devastated—if they find that the repeal of the 1972 Act is repealed. That would be a massive breach of faith with the British people.
I understand that my hon. Friend opposes the motion on the basis that he wants a clean break with the European Union, but does he not realise that he will be walking through the Lobby with people who want a very soft Brexit or no Brexit at all? Either he or they will be very disappointed.
I have witnessed over the past few weeks members of my own party, tragically, repeatedly going through the Lobbies with the Opposition. I even saw the Prime Minister going through the Lobby with the Leader of the Opposition on a certain motion. That is because of the enormous issues that are at stake in relation to the question of who governs us. That is really why this entire debate is so vital for our future. That is why repeal of the 1972 Act is central to that question.
I particularly appreciate my hon. Friend’s remarks in respect of Northern Ireland, but the hon. Member for North Down (Lady Hermon) is precisely right. Will he reflect on the fact that bastions of Unionism such as the Federation of Small Businesses, the CBI, the Ulster Farmers’ Union and Ulster chambers of commerce are all in favour of the withdrawal agreement?
I simply say this before giving way to the right hon. Gentleman. The reality is that DUP Members sit in this House having been elected on a proposition. This issue is all about democratic decision making. It is about the honesty with which we approach it. It is to do with the trust inherent in our taking the instructions of the British people in accordance with the sovereign referendum Act.
The Democratic Unionist party has never pretended that it represents the majority or everyone in Northern Ireland, but it represents more people than anybody else. The fact of the matter is that no party in this House that is in government in Scotland, Wales or here represents a majority. We have the same proportion of votes as the SNP in Scotland.
Let us be very clear. As the hon. Gentleman pointed out, never mind individual voices or business groups, every single Unionist party in Northern Ireland—the Ulster Unionists, the Traditional Unionist Voice, the Progressive Unionists—agrees that this is a problem for the Union. Let not people pretend otherwise. That is why we have worked hard with the Prime Minister to try to get changes to the backstop that would have allowed us to vote for the withdrawal agreement. That is why we backed the Brady amendment. That is why we work with her. Sadly, we have not made sufficient progress, but let no one pretend that we do not speak for the Unionists of Northern Ireland.
I agree with every word that the right hon. Gentleman said. That is true. It is not good enough to talk about our precious Union and then to damage it. It is not good enough to say that we will not truly leave the European Union unless we regain control over our laws, which the Prime Minister said in the Lancaster House speech, and then for us to arrive at a point where we are politically castrated, precisely because for a number of years we will be put at the mercy of our competitors—for example, in relation to state aid. That is the key issue. It is not just the question of sovereignty in its own right; it is the practical impact.
It is important now for me to end my remarks—[Hon. Members: “Hear, hear!] I expected that from the rabble across the road. That does not trouble me one bit.
I have done my best over many years to ensure the democracy and sovereignty of this House, and I will never give way on that point. For me, this is a matter of principle. The record speaks for itself. I wish I could vote for this withdrawal agreement, but for me, it comes down to a simple question of integrity and principle. Anyone who wants to question me on that can do so, but I am doing this for the best of intentions, as a matter of conscience and as a matter of record.
It is disappointing that, as I stand to speak on behalf of the Scottish National party and the Scottish Government, the Prime Minister has already walked out of the Chamber. I regret that that is the response we get from her, and it is all too common.
On the day that the Prime Minister told us the UK would leave the European Union with a deal, she has come to Parliament defeated and desperate. This is a Prime Minister who is willing to break every promise she has made to this House and to the people of the United Kingdom. This is a Prime Minister who has had to offer her own resignation to get her own party to support her bad Brexit deal. This is a Prime Minister obsessed with power but powerless. Instead of serving the interests of all these islands, this Tory Government are seeking to serve the interests of no one but the Tory party, and even that has not worked. The Prime Minister cannot pull her fractured party together, and we in this House and the rest of the UK will pay a price for that failure to seek a broader consensus. It is time they were stopped.
I take no credit for pointing out to the Prime Minister that at no time has she sought to reconcile the 52% who voted to leave and the 48% who voted to remain. All we seemed to get was the constant refrain that “Brexit means Brexit” and that we were leaving on 29 March. There was no attempt to go beyond the soundbites and to engage across this House or with the devolved Administrations. It has always been her way or the highway, and all she has done is sought to meet the demands of the European Research Group.
My right hon. Friend sets out well the game-playing that has gone on. There is no doubt game-playing going on with the motion today, but it appears that some Labour MPs may be getting bought by that game-playing, in spite of the cost of this terrible Brexit and the damage it will cause for our poorest constituents, and the fact that passing the motion will usher in a right-wing Tory Prime Minister who is even worse than the disaster we have right now. Will he reflect on the damage that will be caused to the Labour party in Scotland if the motion is passed by Labour votes?
I am grateful to my hon. Friend. We are at a dangerous juncture. I appeal to Members on the Labour Benches to think very carefully about where we are today. If the Government somehow or other manage to get this motion through on the back of Labour MPs voting for it, we know that the Prime Minister will depart, and we will all be left in the hands of Tory MPs, who will appoint a new Prime Minister—a Prime Minister who, in all events, is likely to be a Brexiteer. I appeal to Labour Members: do not give that authority to the Conservative party. Do not be the midwives of Brexit. Do not allow this Tory Government, on the backs of a few Labour MPs, to deliver a hard Brexit that will imperil all our constituents.
Can we have a bit less of the holier-than-thou grandstanding from the SNP on this issue? Let us be honest: the SNP would be completely happy for the current deal—with all its faults and the danger to Northern Ireland—to be on the ballot paper in a people’s vote, with the possibility that people could vote for it. Where is the integrity in that?
My goodness! This is a serious moment for all of us. I applaud the 1 million-odd people who marched in London last weekend and the 6 million people who want to see revoke on the ballot paper. I appeal to Labour Members: if you go through the Lobby today with the Conservatives, you are delivering a hard Tory Brexit, and you will pay a price economically for that. Thank goodness, in Scotland we have the opportunity to defend ourselves, and we will not allow ourselves to be dragged out of the European Union. It will usher in the day when the thing that so many Members tell us they want to preserve—the Union of the United Kingdom—will be over, because Scotland will and Scotland must become an independent member of the European Union.
The first thing I will say is that the SNP does not speak for Scotland. Secondly, the right hon. Gentleman needs to remember that everyone on the Opposition Benches—with the exception of a few, who are standing up for their constituents—is on the same side. His entire speech so far has attacked the Labour party, which tells us all we need to know about the nationalists. Rather than using his speech to attack the Labour party, when we will all be in the same Lobby later, will he tell us why he was not in the Lobby with us for the vote on the customs union on Wednesday night, so that we could have got out of this mess?
I say to my hon. Friend—he knows I have respect for him—that I want us to unite. I am not attacking the Labour party—[Laughter.] They can laugh, but I am saying to Labour Members: do not be duped by voting for the Conservatives today; have some backbone and let us make sure that all of us are united. That is what I am appealing for. The Labour party has to reflect on the fact that in 2014 in Scotland that is exactly what it did—it joined with the Conservatives in Better Together. You would have thought that by now Labour would have learned the lesson that its members have become also-rans in Scottish politics because time after time they side with the Tories. One of these days the Labour party has to understand that it should be standing up with the people of Scotland. [Interruption.] Let me say to hon. Members who I can see gesticulating wildly, that that day of the referendum—[Interruption.]
Quite right, Mr Speaker. I say to the Labour party that the day will come when there will be a referendum on Scottish independence. I hope that next time Labour decides to stand with the people of Scotland and we can get that safe passage towards independence and Europe.
I am going to make some progress.
There has been no attempt to engage across the House and no attempt to engage with the devolved institutions. It has always been the Prime Minister’s way or the highway. There has been no appreciation that, rather than being sucked into reconciling herself with the European Research Group, the Prime Minister should have sought to work across party. Last Wednesday, the Prime Minister met Opposition party leaders. Many of us set out our positions, but crucially, when we extended an olive branch and sought to work with the Prime Minister, it was rejected. It was the Prime Minister who would not budge: transfixed, repeating the same old mantra and caught in a trap of her own making. Leadership brings responsibility. It has been sadly lacking in this case. It is little wonder that we are left in this situation where the Prime Minister is isolated: isolated from the other parties in this House and leaving the UK in a position of division.
I thank the right hon. Gentleman for giving way. I am really delighted that he is now looking at the substance of the Government’s motion, because it is really important that all of us who see this motion for what it is and who are going to vote against it stick together and do not turn against each other. Can he help us with this? Has he had the opportunity, and would he welcome the opportunity, to speak to the Attorney General—I am sure the Attorney General is going to come off his phone in a minute, if somebody could give him a prod. [Interruption.] Thank you. Hello. Has the right hon. Gentleman had the opportunity to speak to the Attorney General? Would he take that opportunity to speak to the Attorney General to discover whether it is the Government’s intention to revoke section 13 of the European Union (Withdrawal) Act that we passed last year?
My right hon. Friend is absolutely correct. We have had no clarity from the Attorney General on that issue. Let me applaud her, Liberal Democrat Members, Plaid Cymru Members and the Green Member of Parliament, because we have all sought to work together. We have all sought—
And those on the Labour side as well. We have all sought to work together to bring unity to the Opposition and to present a credible alternative. I hope that on Monday we do that; that we can coalesce around a motion that we can support which sends a very clear message to the European Council ahead of its meeting on 10 April. We say to the European Union, on the basis of the Government being able to achieve a consensus across the Houses of Parliament, trust the Members. It is in that spirit that I say to all colleagues in this House—I plead with you—under no circumstances vote with the Government today. Do not make it easy for this Government to deliver us into a blind Brexit.
I am going to make some progress.
Mr Speaker, I do not think I will forget the Prime Minister failing to take responsibility for her own failings and blaming Parliament for the impasse, in so doing seeking to pit Parliament against the people in a quite shameless way. She made a catastrophic error of judgment, yet we are still waiting for an apology. Where is that apology, Prime Minister?
Today, we must close the door on the Prime Minister’s proposal and move on. Parliament today must reject this shambolic proposal before us.
It is very kind of the right hon. Gentleman to give way. Does he agree with the Scottish Fishermen’s Federation, the National Farmers Union, Scotland, the Scottish CBI and the Federation of Small Businesses that what is important today is that Scottish MPs, and all the MPs of the United Kingdom, vote for jobs and businesses in their constituencies? Voting against the motion makes no deal more likely and Scotland is watching the SNP.
I am very grateful to the hon. Gentleman for his intervention. I ask him to reflect on the fact that every local authority area in Scotland voted to remain. The people of Scotland can reflect on the fact that the 13 Conservative MPs have failed time and time again to stand up for the people of Scotland. When I hear the hon. Gentleman raising the unicorn of no deal, it becomes very simple. What he must do, along with his colleagues the so-called Scottish Conservatives, is to vote with us on Monday to support the motion on revocation and stop this Conservative Government driving Scotland out of the European Union. That is the way to protect jobs in Scotland.
I am very grateful to my right hon. Friend for giving way. I am sure Scotland, unlike the Prime Minister, is watching and listening to him. Is he aware, like me, from talking to businesses in his constituency and businesses across Scotland, that the foremost consideration of businesses is preserving freedom of movement, for the benefit of the Scottish economy and because of Scotland’s demographics? Is that one of the main reasons that SNP MPs cannot vote for this withdrawal agreement, because it ushers in the end of freedom of movement?
My hon. and learned Friend is absolutely correct. We have been enriched by freedom of movement. We have been enriched by those who have come to live and work and contribute to life in Scotland. It is perhaps the most shameful aspect of this whole consideration that we are turning back, that we are turning inwards and that we are closing the door on those who would come to Scotland and help us grow our economy. Our population has barely grown over the course of the past 100 years. It started to increase over the past decade. The Conservatives want to put on that handbrake, and to stop those who want to come and live and work in our beautiful country. We want them to come in and that is why not only must we reject this motion today, but, yes, we must stop Brexit.
I am going to make some progress, because I am aware that other people wish to speak.
We were promised another vote on the Prime Minister’s deal, but because the Prime Minister knows she has no support for her deal she comes here to play games, to trick MPs into backing her disastrous deal. Yet it is still the same deal that the House voted against not once but twice. Mr Speaker, this deal should be dead. Before us are the terms by which the Prime Minister wants us to agree to withdraw from the European Union without any clarity about our future. This is a blindfold Brexit.
I am very grateful to the right hon. Gentleman for giving way, but I beg him. I am standing in front of a plaque that says that we have more in common than divides us. He knows that on many issues we have put aside party and, sometimes very subtly, worked together. I beg him today, as he ends his speech, to come back a little bit. All of us believe that this is not an honest debate today, but a confidence trick—to trick us into misleading our constituents. We are nearly there. We can defeat this. Let us stay together.
I am conscious of time and I have been generous with interventions, so I now want to make some progress.
How can any MP agree to sleepwalk in behind a deal when they have no idea what it means for the future of our countries, our constituents and our communities. It is incomprehensible that anyone could even consider simply taking the Prime Minister’s word for it, especially a Prime Minister who cannot even be truthful about living up to her word. Like her predecessor, the Prime Minister will ride off into the sunset after delivering crisis, chaos and further uncertainty for the UK. She has committed the ultimate betrayal: she is abdicating all responsibility. How humiliating, how reckless! History will remember her premiership as one defined by cowardice, falsities and negligence. I cannot believe that any leader could take us to this place. It is a disgrace.
There were constant promises to find consensus and to find a way forward, yet the Prime Minister has done as expected: she has run down the clock—only to ignore the wishes of Parliament and the wishes of the people, and engage in a game of blackmail and trickery to win support. It is an absolute outrage that those who go through the Lobby in support of the Prime Minister and the Government will be responsible for aiding and abetting the greatest act of self-harm in the United Kingdom.
The arguments against the Prime Minister’s plan do not need to be rehearsed. They are well known in this House and they are well known to every household in the country, but it is not only the substance of the plans the Prime Minister has put together but the disgusting treatment the Prime Minister and the Tory Government have displayed towards the people of Scotland that need to be known in every household in Scotland.
Some time ago, the right hon. Gentleman talked about the enrichment of free movement. Is it not the fact that the greatest enrichment of free movement enjoyed by Scotland has been free movement between the nations of the United Kingdom? Is it not ironic that he talks about the Prime Minister not paying attention to the 48% when he absolutely fails to pay attention to the 55% who voted to stay within the United Kingdom? When will he acknowledge that he is a Member of the Parliament of the United Kingdom of Great Britain and Northern Ireland, not just a Scottish Member?
My goodness, I was almost expecting the hon. Gentleman to burst into a chorus of “Land of Hope and Glory”. Is he really suggesting that people from Scotland will not have the right to come to live and work in the rest of the United Kingdom? Is that what he is suggesting? Quite frankly, if he is, he should apologise because that is a disgrace. It is what we see from so many Tory Members—seeking to threaten the people of Scotland with sanctions—and it really lacks any degree of dignity.
The Tories really think they can do whatever they want to Scotland and get away with it. So much for the partnership of equals! We have been ignored, silenced and sidelined, with the futures of citizens across Scotland and the rest of the UK held to ransom by right-wing Brexiteers and the DUP. The Prime Minister has no mandate from Scotland and has no right to assert that her version of Brexit is the only version of Brexit. Lies brought the country to vote for Brexit in the first place, and people certainly did not vote to become poorer and be faced with the prospect of troops—troops—being mobilised to manage basic services. How extraordinary that a Prime Minister of the United Kingdom is threatening us with troops on the streets, because that is the reality.
With one internal confidence vote and one parliamentary confidence vote, with the Government being held in contempt of Parliament for the first time in history, with scores of her Ministers resigning and with her flagship policy in ruins, the Prime Minister has no legitimacy or authority left to carry forward her policy or to speak for the country. The Prime Minister certainly does not have any authority, nor will she ever have authority in Westminster to tell the people of Scotland what to do. The people of Scotland will decide what is best for the people of Scotland. Now more than ever that reality needs to sink into the minds of politicians across this Chamber.
Yes, of course I do, because businesses in Scotland know that the best way to protect their interests is to stay in the European Union. Every economic analysis of any substance that has been published has shown us that we will be poorer. I say to those in Scotland who voted for Brexit, “Of course we understand why you voted the way you did, and of course we will listen to your concerns.” However, our obligation is to speak with everyone and to have an open conversation and dialogue about what is in the best interests of the people of Scotland—how do we grow prosperity in Scotland and how do we deliver a fairer Scotland?—and that is why independence offers the best option for us all.
Westminster clearly has no interest in doing what is right for Scotland if it votes for this motion this afternoon. Westminster has no authority over the rights and the freedoms of the people of Scotland, and Westminster will never—not ever—be an authority over the sovereign right of the Scottish people to determine our futures and to choose to be a European nation.
Is it not interesting that while my right hon. Friend is talking about Westminster not being interested in the people of Scotland, Conservative Members are gesturing to him to sit down and be quiet? Other people have spoken, and the Front-Bench leader of the SNP here has a right to speak in this Chamber the same as every other Member.
I am grateful to my hon. Friend, and she is absolutely right. We are sent here as 35 SNP MPs to stand up for our constituents—the majority in Scotland. At a time when this House is threatening to take us out of the European Union against our will, I can absolutely guarantee that the voice of Scotland and the voice of remain will be heard in this Chamber, and no Conservative MP is going to shut Scotland down.
This Tory Government have wasted £4 billion on investing in no-deal preparations. This money should never have been spent, and we should have ruled out no deal as a possibility long ago. Why did the Prime Minister not do that? The PM regularly says that all MPs have a duty to deliver Brexit. Above all the duties mandated to the SNP, we are elected to stand up for Scotland’s interests and Scotland’s voice. It is clear that no one else will, and we are making it absolutely crystal clear: we will never accept Brexit on behalf of the people of Scotland.
The Prime Minister has prescribed her Brexit deal to Scotland, despite decisive and unanimous analysis that this will be bad for our country and do irreparable damage to our key relationships. Even some of her Cabinet seem to agree. Some 100,000 jobs could be lost from Scotland if Westminster backs the Prime Minister. The EU workers needed to grow our economy will be denied to Scotland if the Tories get their way. Our economy will be smaller, our people poorer and our country isolated. The SNP will not—not ever—do that to Scotland. We will not back the Prime Minister. We will always stand up and put Scotland’s interests first.
I am angry and I am frustrated, but I am, too, deeply saddened that we have reached this point. Imagine how people think up and down the United Kingdom. They are ashamed of this Parliament, ashamed of British politics and embarrassed by the laughing stock we have become in the world. I want to say to people watching at home that we in the SNP are embarrassed, too. We are appalled at the behaviour of Government Members and many official Opposition Members as well. They have let you down. They have broken Britain and now they have no idea how to fix it. While the Tory and Labour parties scramble on a race to the bottom, I say to them listen up: the people are watching.
One million people marched to demand a second EU referendum, and 6 million signed a petition to revoke article 50. Are we listening to their voices? The answer has to be no. Yes, the SNP is here to stand up for Scotland. We are proud to represent the voices of Scotland and to stand up for the democratically expressed will of our people and our Parliament. But, Mr Speaker, we also care about the rest of the United Kingdom—about our friends and our neighbours. I deeply question the motives of the Tory and Labour leaderships. The power is in all our hands—let us use it.
My plea is for Members to vote down the Government’s proposition this afternoon, and let us put the question back to the people. The Prime Minister has lost control. The Government are out of control. The Leader of the Opposition is unwilling to exert control over his party. Let us give the power back to the people, end this stalemate and give certainty back to business and assurances to EU workers. Let us salvage our bonds with our European neighbours. It is not too late. We cannot give up. Take back control, and give power back to the people.
It is a pleasure to follow the right hon. Member for Ross, Skye and Lochaber (Ian Blackford), but he will forgive me if I do not follow him completely, as we would never finish this debate.
I wish to apprise the House of my view of this motion. As my right hon. and learned Friend the Attorney General said, it is not the motion we have already voted on; it is a different motion. [Interruption.] I will make no excuses about that—it is a different motion. Opposition Members agreed that, so I do not know how they can laugh.
Today, I will support the Government for the very simple reason that I think nothing huge has changed in the nature of the Bill that is likely to be presented, or even in the withdrawal agreement. What I do think has changed, however, is the balance of risks, and as politicians—not lawyers—we must apprise ourselves of what that balance amounts to and to what degree we owe it to ourselves to make those decisions.
Since we had the two-week extension we now face a choice about what is likely to happen. Some of my colleagues genuinely believe that if we vote down this agreement we will go to 12 April, and we will not get an extension from the EU. I find that difficult to believe. If we consider what the EU has already said—Mrs Merkel and various others—we see that they really want to keep the UK inside the EU. One way or the other, they would rather have us in, even if it is troublesome at this stage. I genuinely believe that by 12 April we will be offered—or it could even be demanded of us—an extension of at least two years that will require us to fight the European elections. I do not know how I can go on to doorsteps, having campaigned to leave the European Union and support 17.4 million people, and tell them not to worry because even if we are not leaving right now, we might leave a little bit later. That is simply inexplicable, and I genuinely do not believe that that is what I campaigned on or for.
Some people have said that an extension does not really matter because we will be able to stay in the EU, make those negotiations and get those changes, and we will be in control because we will have votes and an ability to take that control. All I say is that I voted against the Maastricht treaty 26 years ago, and I have always maintained that we have never had real control. If we have had so much control for 40 years, why are we now trying to get out of a European Union that has extended its power and competence year in, year out?
I hope the hon. Gentleman will forgive me but I want to finish my point. I will give way just once because, as Mr Speaker says, we want to try and keep this short.
I believe that the way to stand up for the 17.4 million is to get to the Bill. As I said to my hon. Friend the Member for Stone (Sir William Cash), whose knowledge of constitutional law I revere, Bill needs to get to the Bill. We will then look to see which of the issues raised by the Attorney General are in the Bill and how they protect us. What can we ensure is in the Bill? We can then make a judgment about whether it represents the way that we believe we should leave the EU, and my hon. Friends need to consider that issue immediately.
My simple point is: absolutely. There has been a trail of deceit on both sides of the House and by different Governments. The judgment I make today is about the balance of risks. I believe that the one saving grace of this process so far is that we will repeal the European Communities Act 1972, and that means we will have left the European Union. That is the single issue I accept because, as my hon. Friend the Member for Stone said, we must get to the Bill and figure out how that provision is protected. Is it the default mechanism?
I will not give way because others wish to speak.
Is the Attorney General’s comment correct that this is the right place to be? I want my Government not to be deceitful and to own up about whether the Bill will protect those rights and for my right hon. and hon. Friends to make that judgment when we have seen the Bill.
This is an opportunity for us to get that process going. If we do not, we go to 12 April, and in that case we have only the simple statement that we will extend the date for leaving the EU. An extension is death in terms of our voters—the people who put us here and who wanted us to get this through. I ask my right hon. and hon. Friends to look around. Every one of the speeches made, even the interventions, has demanded an extension to 12 April because people know we will get that extension. This is important. We are in a Chamber of people who really do not want to leave the European Union at all.
I know and honour my hon. Friends who have fought and campaigned to get this agreement changed, but we must recognise that we need to take hold of the one element that gets us out of the European Union, leaves us out and shuts down the debate about future referendums. That will allow us to be confident that, under a new leadership, we can go forward to change the nature of this process.
In conclusion, I say to my colleagues that for me this is not an easy decision. There is a lot about the withdrawal agreement that I do not like, and I stand by that position. However, if we do not go forward to consider the Bill, we will rue this day because we will end up having to accept what I believe will be a damaging and destructive extension that means we never leave the European Union. If we say that we stand up for 17.4 million people, we must get those people what they asked for, which is to leave the European Union, and this is now the only way.
What a shambles this has been, Mr Speaker. Today we see desperate measures by a desperate Government. We hear that the Cabinet is riven, and Government Members are at loggerheads. To add insult to injury, this hugely important constitutional issue—the biggest issue of my lifetime—is now the centre of a Conservative party leadership contest. That tells us what we need to know: this stopped being about the 2016 referendum or the British people a long time ago, and it is all about the party that purports to be in government today.
We have seen repeated mistakes. A referendum was passed with no rules and no planning—not even half a dozen civil servants in the basement of the Treasury or the Cabinet Office working out what might happen if the vote went the way it did. The Prime Minister triggered article 50 in March 2017 to rush into a process, again, with no plan. She then recklessly called a general election a month later and lost even the fig leaf of a majority. Now we see a Prime Minister who has been incapable of negotiation over that two-year period and a Government who were secretive.
I am Chair of the Public Accounts Committee, and my Committee has worked hard, along with other Committees, to try to get information about what was happening to prepare for Brexit, and answer came there none. I met the late head of the Cabinet Office, and he said it would damage our negotiating position if the Government revealed that information—information that is flowing around Brussels like there is no tomorrow, information that sectors of industry and the community know about.
My hon. Friend is making a powerful and important speech. Just a week ago, the Environmental Audit Committee asked the Secretary of State for Environment, Food and Rural Affairs what steps he would take, in the event of a no-deal Brexit, to protect British farmers. He said that a package of funds would be available but that he could not tell us—as MPs, we are accountable for taxpayers’ money—how the money would be spent, how much would be spent and where it would be spent. Does my hon. Friend agree it is the most incredible abuse of a Government’s power to commit funding to farmers and not to tell MPs how much is going to be spent?
My hon. Friend makes an important point. My Committee has repeatedly said that businesses and people need to know what is happening, yet the Government advised businesses only in October 2018 about some of the preparations they would need to make for a no-deal Brexit. We estimate huge costs for businesses, billions of pounds—I do not have time to go into it today—just to prepare for a potential no deal alone.
This deal was unveiled last November with none of that information, and it would have been easy, sensible and proper government to be talking to sectors about what might happen. Had the Government done that, they might have heard the reality for people on the ground. Yet we are here with this desperate last-ditch attempt by the Government to rescue themselves, and this country, from a disaster of their own making. We are being asked to agree the withdrawal agreement with no guarantee of what comes next. The little certainty that gives is cold comfort for businesses out there. We are being asked to take a leap of faith, but I have no faith in this Government to deliver on this or any further stages of Brexit. We are being asked to vote for this withdrawal agreement with no knowledge of what will be in the political agreement. It is a leap into the dark, and I am not prepared to take that leap and put my constituents in that position.
The Public Accounts Committee has highlighted, in 10 reports, the problems, challenges and costs of preparing for no deal. Of course, the civil service has had to prepare for both a no deal and a deal simultaneously, double the cost. The cost is high in pounds, but it is huge in the confidence of this nation. This has been an utter failure.
I had the honour of serving on the Public Accounts Committee with the hon. Lady when I first entered the House. She is talking about risk and, knowing what she does through the Public Accounts Committee, does she not recognise that the greatest risk is not passing this withdrawal agreement and not having that certainty on data and customs so that the United Kingdom can move forward? She is right that there is a big discussion to be had about the future, but we have to do this first before we get to that discussion.
The hon. Gentleman served honourably on the Public Accounts Committee, of which he was an assiduous member, and we both know that, yes, we need certainty, but to jump into the dark by passing this motion today without any of that detail is too much of a leap of faith. My point is clear: the Government could have shared and discussed a lot more.
If we remember back to the 2017 general election, the discourse we were having then was remarkably different from the discourse we are having two years later. It is for that reason that I now think we need to have a deal that goes back to the people, because we are now three years on from the original referendum and the people are now seeing that there is no certainty in what is being proposed. That lack of certainty is hitting prices in our shops, and our constituents are having to pay more for the basics. It is hitting businesses, which are stopping me in the street to tell me about the challenges they face as they prepare for a potential no deal. The cost of preparing for that no deal is very real for them.
Every time we speak about this, the exchange rate falls and there is uncertainty. It is utter recklessness for Her Majesty’s Government to lead the country into this uncertainty. We need to accept that we need a longer extension both to reach agreement and to pass the relevant laws. It has been oft-quoted today, here and elsewhere, that we should not rush into European Parliament elections. I say that we should not let the tail wag the dog. If that is what has to happen for us to have a longer extension, so be it.
Understandably, many in this House feel that is not ideal, and the right hon. Member for Esher and Walton (Dominic Raab) talks about renegotiation with the European Union. He had the privilege of serving as the Secretary of State for Exiting the European Union and he knows, as I know from the three years I spent negotiating in Europe for the last Labour Government, that we cannot negotiate the changes that would need to be negotiated in two weeks, or even up to 22 May. While we are still a member, we rely on working together with the other 27 nations in the European Union, so we need to make that change. We have been very good at this. Our diplomatic skills and the talents of successive Governments of different colours have achieved a lot in the European Union, so it is in our power to achieve a lot, but not in two weeks.
Does my hon. Friend agree that Members on both sides of the House heard the voice of the people in the referendum and are absolutely committed to getting a decent, good deal for the people in our constituencies? We have not turned our back on them and we are listening, but we want to give them a chance to decide whether the deal is good enough for them.
If we were to propose and pass a Bill for a second referendum, the reality is that this House would have to vote on at least five separate occasions to frame that legislation. I will not talk about such hypothetical situations.
We need to rule out a no deal. There is consensus here, and the Government need to make that absolutely clear. Parliament is coalescing, as the indicative votes process shows, around certain options, on which we will have a chance to vote on Monday and, potentially, Wednesday, yet the Government have made no commitment that they will take any notice. The votes are not binding, but I hope we will get some comfort from Ministers today about how the Government will react to those votes.
My hon. Friend is making a powerful speech and is being very generous in giving way. Was she as dismayed as I was to hear the Secretary of State for International Trade on the “Today” programme this morning saying, in terms, that he does not support a customs union? That is what this House will be voting on on Monday if the deal falls today.
Of course, it is up to the Government of the day to set out their position, but I would hope that, at the point at which Parliament debates and votes on this again on Monday—that is happening only because the Government have failed so abysmally—the Government might have the courtesy to have their listening ears on and be prepared to hear what Parliament may be willing to support.
I have said my piece. The Government need to listen, and they must rule out a no deal. We need to make sure we are moving forward. We need a longer extension and, ultimately, we will need to go back to the people, because we are now three years on from the referendum. Things have moved on. The public are not fools, and they can see when things are not working and when this Government have let them down. I rest my case.
I know that numerous Members, particularly on the Conservative side, are finding this a very difficult decision to make, so perhaps I could briefly explain how I have gone about trying to reach my difficult conclusion.
The first thing I asked myself was: what do my voters in Wokingham want me to do? Where they have a very strong majority for a certain conclusion, I would need an extremely good reason to disagree with them, and it is quite clear from all those who have communicated with me—talked to me, sent me emails—that there is a very big majority in Wokingham against accepting this agreement. It has brought together people who voted remain and people who voted leave. They have come to the same conclusion—they would like a different outcome afterwards, but they have come to the same conclusion: this is not an agreement that the United Kingdom should in any circumstances sign up to. The national polling reflects this, so this is a matter of interest to all Members. The agreement has somewhere between 15% and 25% support—on a very good day in a favourable poll—meaning that roughly four out of five people have considered it and think it a very bad idea. I would urge all to bear that in mind before they cast their vote this afternoon.
The second thing I asked myself was: what have I and my party promised my electors in Wokingham and the wider electorate in the United Kingdom whom we serve? I and the national manifesto in 2017, which gave me my mandate, said that we would see Brexit through, that it would take two years after the formal notification had been received, that no deal was better than a bad deal, but that of course we would do our best to get a really good deal, which was our preference. The manifesto of the national Conservative party wisely said that the Government would negotiate both parts together—that any withdrawal issues would be negotiated in parallel with the future trading arrangement and future partnership.
How wise that was! At that point, the Government and our leader understood that compromises would be made and that, if they were to make concessions in the withdrawal bit, they would want the good news in the partnership bit to be nailed down at the same time. Unfortunately, the Government changed their mind about that shortly after the general election, and that has let the public down, because it means that we have not used the purchase of all the concessions they made in the withdrawal agreement to nail down what they thought was needed in the future partnership agreement. I feel very bad about that. I have to say to my electors that in order to get closer to what I and the Government promised, I have to say no to half the total agreement as it is so obviously weighted very strongly against the United Kingdom and our interests.
Then I come to the third thing. My electors elected me to exercise my judgment. They expect me to read all the documents, understand the background and study major matters for myself. On this happy occasion, their view and my view coincide. I have studied all the documents and closely followed the negotiations. I have offered a great deal of advice to the Prime Minister and her team—much of it, I am afraid, has not been taken, and thus we are where we are, as the Attorney General said. My study of the documents tells me that the withdrawal agreement is not leaving the EU. Were it to pass, it would be followed by an extremely bad piece of legislation recreating all the powers of the EU and applying them to us for a period of between two and four years—we will not even be told for how long because that is in the gift of the EU and the negotiations.
We might also have to accept lots of rules and trading arrangements in perpetuity because of the most unfortunate Irish backstop, which has been placed in the agreement. Since none of us wants to break up our country, the only way to fulfil the requirements of this solemn treaty would be for the whole United Kingdom to stay in all the arrangements the EU demanded. The agreement would mean that for at least two years, and maybe four years, the EU could negotiate in any way it saw fit over an extremely wide range of issues—not just relating to business and trade—and this House of Commons would have no voice, no vote and no right to do anything other than implement it faithfully and fully without our amending it or even complaining through a reputable mechanism.
I do not see how anyone could possibly inflict that upon a great country that has recently voted to be sovereign and take back control. I do not see how this House could possibly vote for this agreement when it has open-ended financial commitments on an enormous scale. The Treasury has—optimistically, I think—priced them at a pretty big £39 billion, but there are no numbers in the agreement, no agreement about the bills that would be set. There is also a mechanism that allows the EU to send us bills under very broad headings and a referee system to deal with disagreements that is heavily weighted in favour of the EU and under which any legal matters would be resolved by the European Court of Justice.
Who on earth would agree to pay unlimited unknown bills without genuinely independent arbitration over their purpose? When will the Government give us any purpose for offering to pay all this money? They are in this absurd position because of the way they have handled the negotiation, of having decided to pay the money without securing any goods or services in return. When I go shopping, I do not put £39 on the counter and say to the shop owner, “That is your money whatever happens next. Now can we for the next 21 months discuss whether you will let me have anything in return for my £39?”, but that unfortunately is what we are being asked to approve in this agreement this afternoon.
In conclusion, for me it turns out to be an easy decision. I am sorry that for a lot of my right hon. and hon. Friends it is not so easy. I never find it easy to vote against the Government I want to support—in this Parliament, I have very rarely done so—but on this issue I have voted against the Government before and will vote against them again this afternoon, because it is a dreadful agreement. It is a fully binding treaty with no exit clause. We would not be able to get out of it. There would be requirement after requirement. We will have subcontracted our legislation to someone we cannot control and would have to obey and we will have offered to pay them a lot of money for no obvious good reason.
I will be voting against the motion not because I do not believe we owe the money—I disagree with the right hon. Member for Wokingham (John Redwood)—or because I disagree that we need to protect EU and UK citizens, or that we need a long transition and an Irish backstop, but because the motion is a transparent attempt by the Government to avoid another meaningful vote, under the terms of section 13(1) of the European Union (Withdrawal) Act 2018, for which the House fought long and hard in the summer of 2018.
I will readily tell the House—although I will come to this very point later in my speech: the Government could choose, if they wished to, to seek to change the political declaration with the EU. It is because of the Government’s consistent failure to do that, because of its consistent failure to reach out across the House, that they find themselves in the difficulty they have created today. But I shall return to that point a little later.
We cannot separate the withdrawal agreement from the political declaration because both parts are essential to the process. It is like selling your house without having any idea where you are going to live afterwards. We would not have the withdrawal agreement without the political declaration. Article 50(2) refers to
“setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union.”
My hon. Friend the shadow Solicitor General in his brilliant speech quoted the Prime Minister’s the statement on 14 January. I will repeat one small bit of it. She said:
“One cannot be banked”—
referring to the withdrawal agreement and the political declaration—
without the commitments of the other.”—[Official Report, 14 January 2019; Vol. 652, c. 826.]
Yet the motion before the House today explicitly tries to bank the commitments of one without the commitments of the other. I do not see how that can in any way be consistent with what the Prime Minister told the House of Commons on 14 January.
The second reason why I shall vote against the motion is one of the consequences of passing this motion. The aim—the Attorney-General was frank about it—is to gain an extension to 22 May rather than 12 April by satisfying the requirement of article 1 of the European Council decision of 22 March, which stated:
“In the event that the withdrawal agreement is approved by the House of Commons by 29 March 2019 at the latest, the period provided for in article 50(3) of the Treaty of European Union is extended until 22 May 2019.”
The problem, and my intervention on the Attorney General was trying to address this, is that if we passed this motion and got that extension, by the time we got to the week beginning 20 May, if at that moment we have not yet resolved the question of our future political and economic relationship and the UK decided that it needed to apply for a further extension, the EU is almost certain to refuse any such extension on the grounds that we have failed to take part in the European elections. That is because paragraph 10 of the decision of the European Council, which said:
“If the United Kingdom is still a member state on the 23-26 May 2019”—
which we would be if we asked for and were granted an extension beyond 22 May—
“it will be under the obligation to hold the elections to the European Parliament in accordance with Union law. It is to be noted that the United Kingdom would have to give notice of the poll by 12 April 2019 in order to hold such elections.”
Since it would be impossible on 20 May to give notice to hold elections on 23 May, it would be impossible to comply with this requirement. Therefore, what the motion before the House today means is that, if it were carried, it would in effect rule out any possibility of a further extension under article 50 beyond 22 May. So if, at that point, we have not reached agreement on the withdrawal agreement and the political declaration, this motion would mean the UK leaving without a deal on 22 May. The House voted this week by 400 votes to 160 to reject for the third time leaving with no deal. The only other way forward would be to revoke article 50 to buy ourselves a little bit more time, but the Prime Minister has repeatedly told the House that she would refuse to do so.