European Union (Withdrawal) (No. 5) Bill

Yvette Cooper Excerpts

Monday 8th April 2019 Commons Chamber

[Mr Speaker]

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

Clause 1

Duties in connection with Article 50 extension

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

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

[Mr Speaker]

With this it will be convenient to discuss the following:

Lords amendments 2 to 4.

Lords amendment 5, and amendment (a) thereto.

[Yvette Cooper]

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

[Sir William Cash (Stone) (Con)]

Will the right hon. Lady give way?

[Yvette Cooper]

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

[Sir William Cash]

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

[Yvette Cooper]

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

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

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

Will the right hon. Lady give way?

[Yvette Cooper]

I will give way just one more time.

[Sir Bernard Jenkin]

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

[Yvette Cooper]

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

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

[Charlie Elphicke (Dover) (Con)]

Will the right hon. Lady give way?

[Yvette Cooper]

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

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

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

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

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

[Sir William Cash]

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

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

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

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

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

--- Later in debate ---

[Mr Walker]

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

[Yvette Cooper]

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

[Mr Walker]

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

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

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

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