Article 50 Extension

(Limited Text - Ministerial Extracts only)

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Wednesday 20th March 2019

(5 years, 1 month ago)

Commons Chamber
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Steve Barclay Portrait The Secretary of State for Exiting the European Union (Stephen Barclay)
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It is always a pleasure to follow the right hon. and learned Member for Holborn and St Pancras (Keir Starmer). He started his remarks by saying that the Prime Minister should be here to answer his SO24 debate, but then, slightly oddly, went immediately on to note that the Prime Minister had been here for just under an hour answering questions on the extension, in particular. Whether that, taken with two urgent questions to my Department this afternoon, an SO24 debate and much of Prime Minister’s questions also being taken up on these matters, constitutes International Day of Happiness, as the right hon. Member for Carshalton and Wallington (Tom Brake) mentioned, I leave it to others to determine.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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The Secretary of State might be wise to be aware of the fact that the Prime Minister’s letter to Donald Tusk was not released until after Prime Minister’s questions had started, and it was not released to this House but to journalists. Is that not the case?

Steve Barclay Portrait Stephen Barclay
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It is always good to take wisdom from all sources. My understanding is that the letter was placed in the House of Commons Library. On the precise timing of that, given the length of time that Prime Minister’s questions ran, I think it was probably in the Library while she was still answering questions.

Alison McGovern Portrait Alison McGovern (Wirral South) (Lab)
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The Secretary of State has been standing here describing how much time this House has spent talking about Brexit, but that is not the problem. The problem is that we are nine days away from leaving and the Government appear to have no policy. Is that not the case?

Steve Barclay Portrait Stephen Barclay
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The hon. Lady is correct that the House has spent a lot of time talking. What the House has not done is spent a lot of time deciding, and what we have seen is what the House is against.

Anna Turley Portrait Anna Turley (Redcar) (Lab/Co-op)
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There is a famous phrase that the definition of insanity is doing the same thing over and over again and expecting a different result. We have kicked the deal out twice and historical precedent in this place says that it cannot come back again. The EU has said that it is not going to accept an extension unless something different comes forward. At what point will we accept that we have got to go back to the people to put an end to this, because we cannot keep going over and over the same thing?

Steve Barclay Portrait Stephen Barclay
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Well, I do wonder whether the hon. Lady is describing her own Front Benchers’ policy, because they have put forward a proposal that the House has rejected and yet seem to be intent on still putting forward the same policy. From speaking to EU leaders, as I know the right hon. and learned Member for Holborn and St Pancras will have done, what consistently comes across from senior figures in the EU is that the proposal put forward by the Leader of the Opposition is simply not credible. For example, he thinks that he can retain control over state aid and that he can have a say on EU trade deals. These are things that are simply not on offer.

Stephen Doughty Portrait Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
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The Secretary of State seems somehow to be surprised that the House has been asking urgent questions today, has been seeking this debate, and has been subjecting the Prime Minister to scrutiny. This is the greatest crisis that this country has faced since Suez. Countries around the world are looking at us, our international reputation in tatters. Our businesses are losing jobs and investment day by day, and we are peeing millions of pounds down the drain that could have been spent on our public services. And he wonders why this House is asking questions. It is absurd.

Steve Barclay Portrait Stephen Barclay
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With respect to the hon. Gentleman, that was not the point I was making. Of course it is quite right that the House asks questions. Mr Speaker, you have always personally championed the House asking questions—indeed, urgent questions are something in which I think, quite rightly, you take much pride. But the point that the hon. Gentleman is not addressing is that people around the world also look to this country to respect its democracy. They say that this House gave the people the decision. Indeed, the Government of the day wrote that we would honour that decision, but—[Interruption.] He chunters from a sedentary position, but what is damaging to our reputation around the world is a sense of our asking the people for a decision and then not acting on it.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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I am very grateful to the Secretary of State for giving way. Could he give an answer to this simple question? The Prime Minister has revealed today that she has applied for a short one-off extension, and yet her de facto deputy described such an extension as “downright reckless” from the Dispatch Box last week. Could the Secretary of State explain to the House what the Chancellor of the Duchy of Lancaster was thinking of when he made that statement?

Steve Barclay Portrait Stephen Barclay
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First, I refer the right hon. Gentleman to the comments that my right hon. Friend the Prime Minister made on that very issue when she was asked about it more than once at Prime Minister’s questions. It also relates to the point that the right hon. and learned Member for Holborn and St Pancras made in his opening remarks. He referred at length to paragraph (2) of the motion last Thursday. The point about that motion was that it was conditional on a meaningful vote taking place, which has not happened.

The right hon. Member for Leeds Central (Hilary Benn), as so often, raises a very serious point as Chair of the Exiting the European Union Committee, but my right hon. Friend the Chancellor of the Duchy of Lancaster was also talking in the context of what EU leaders would be willing to give. If we look at the public statements of EU leaders, we see that they have said there is very little appetite in Europe for a long extension, particularly when they see the uncertainty that we have had in this House.

Rebecca Pow Portrait Rebecca Pow (Taunton Deane) (Con)
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I thank the Secretary of State for giving way; he is very generous with his time. It was put to him just now that we have no plan, but the plan is the deal. The only plan that Labour has put to us is closer alignment with the customs union, which is basically staying in the EU, and that is not what the people voted for. The people voted to come out, and all this obfuscating is only delaying that. Does he agree that we have to consider business, and the longer we dispute, discuss and debate and the less we come together, the more difficult it is for the economy and our businesses?

Steve Barclay Portrait Stephen Barclay
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My hon. Friend is right to say that businesses in Taunton Deane and, I am sure, elsewhere have made clear their desire to see this deal backed and to address the uncertainty that we face. People have been saying to my right hon. Friend the Prime Minister that she should compromise. She has compromised—she did not want to have an extension. She has listened and acted on that, but the House has to compromise.

Mark Pritchard Portrait Mark Pritchard
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Is not the only way to avoid no deal to vote for the withdrawal agreement, and the only way to vote against a long extension is to vote for the withdrawal agreement? Is there not some intellectual inconsistency in the Opposition’s argument? They say they want to put a vote back to the people based on a deal, but they are suggesting that the Prime Minister does not really want a deal and wants no deal. That is not consistent.

Steve Barclay Portrait Stephen Barclay
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My hon. Friend is right that not only the Prime Minister but the EU says that the only deal on the table after over two years of negotiation is the deal that she has negotiated.

Norman Lamb Portrait Norman Lamb (North Norfolk) (LD)
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The Secretary of State says that the House is not very good at deciding what it wants, but we are crying out for the opportunity to vote for what we want. He said that countries around the world are looking to us to respect democracy. Will he respect democracy in this House and give us the chance to vote on that now?

Steve Barclay Portrait Stephen Barclay
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The right hon. Gentleman talks about respecting votes and whether the House has had an opportunity to vote on issues. His party wants a second referendum—a people’s vote—yet we had a vote on that issue last Thursday. Indeed, the right hon. and learned Member for Holborn and St Pancras did not vote for a people’s vote. If the right hon. Member for North Norfolk (Norman Lamb) is going to practise what he preaches, I say with respect that we had a vote on the people’s vote last Thursday, and the House spoke on that.

None Portrait Several hon. Members rose—
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Steve Barclay Portrait Stephen Barclay
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I will give way one more time and then make some progress.

Rushanara Ali Portrait Rushanara Ali (Bethnal Green and Bow) (Lab)
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I thank the Secretary of State for giving way. The Prime Minister has proved that she is not prepared to give us the opportunity to consider alternative options in the light of the failure of her deal twice. She is putting us in danger of crashing out by the end of next week, which means a real danger of food shortages, medicine shortages and potentially civil unrest. If that is the case, will the Government commit to revoke article 50?

Steve Barclay Portrait Stephen Barclay
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The hon. Lady is usually one of the most forensic questioners in the House, but on this issue I am afraid that I fundamentally disagree. First, the Government have made it very clear that we will not revoke article 50, because we are committed to delivering on the referendum result. Secondly, it is again a slightly illogical charge for the hon. Lady to say that the Prime Minister is seeking to crash out on 29 March when she has today sought an extension to the end of June.

Wes Streeting Portrait Wes Streeting (Ilford North) (Lab)
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Will the Secretary of State give way?

Steve Barclay Portrait Stephen Barclay
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I will give way once more, and then I will make some progress.

Wes Streeting Portrait Wes Streeting
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One of the reasons why we wanted the Prime Minister here this afternoon is that, whatever her shortcomings, we can at least trust that when she stands at the Dispatch Box she believes every word she says. That cannot be said for the Secretary of State, who can make an argument in one breath and then vote in the other Division Lobby in the next. [Interruption.] He should not be laughing this afternoon—by the way, people are laughing at him, not with him—because we are nine days away from crashing out with no deal, there is no sign of a plan from the Government and even the extension letter the Prime Minister has submitted fails the basic test of explaining why an extension is required. Is not the simple reason that there is no plan, and if there is a plan, what is it, Stan?

Steve Barclay Portrait Stephen Barclay
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I think the hon. Gentleman is wilfully misrepresenting the way the amendable motion played last Thursday—the fact that amendments were defeated—and we have given a further commitment to an amendable motion on 25 March. Perhaps his frustration is displaced from his frustration with his own Front Bench, because what we have not had from the Leader of the Opposition is clarity about when a second referendum will be put.

None Portrait Several hon. Members rose—
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Steve Barclay Portrait Stephen Barclay
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I am conscious that this is a time-limited debate, so I should make some progress.

We have requested an extension under article 50(3) of the treaty on the European Union until 30 June, as it is now not possible to ratify the deal before 29 March. The request to the President of the European Council, delivered today by my right hon. Friend the Prime Minister, gives us a final chance to uphold the democratic responsibility to deliver Brexit in an orderly way. As requested, my right hon. Friend the Prime Minister has set out the intentions of this Government, and the letter has been placed in the Library.

John Redwood Portrait John Redwood (Wokingham) (Con)
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Will the Secretary of State give way?

Steve Barclay Portrait Stephen Barclay
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Given that it is my right hon. Friend, I will give way.

John Redwood Portrait John Redwood
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Will my right hon. Friend confirm that we have had plenty of time to consider all the other options? Throughout the proceedings on the EU withdrawal Bill, a lot of options were tabled and vetoed, and again last week, we had a series of indicative votes. I think every option has been looked at, and the truth is that they were voted down.

Steve Barclay Portrait Stephen Barclay
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My right hon. Friend is right in that the suggestion that this House has not had sufficient time—that was one of the points made earlier—self-evidently does not reflect the extensive debates we have held. The idea that the House has not had the opportunity to express its will, when it has done so repeatedly on the issues, including last Thursday, is simply not credible.

Sarah Wollaston Portrait Dr Sarah Wollaston (Totnes) (Ind)
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Will the Secretary of State give way?

Steve Barclay Portrait Stephen Barclay
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I should make some progress, and I am conscious, Mr Speaker, that you will no doubt say I am taking too many interventions, but given it is the hon. Lady, I will give way.

Sarah Wollaston Portrait Dr Wollaston
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The Secretary of State will know that this House has rejected the Prime Minister’s deal twice by historic margins now—it is neither the will of the House nor the will of the public—and it has also rejected very resoundingly leaving with no deal. However, we have not yet had in Government time an opportunity to do just what he asks, which is for the House to give an indication of what it would support. Will he support bringing forward the opportunity to give an opinion on indicative votes in the next week, preferably on Saturday?

Steve Barclay Portrait Stephen Barclay
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I am not sure that Saturday would be the most popular of responses with colleagues across the House, but we have given a commitment, as the hon. Lady knows, to a meaningful vote on Monday and, following that, there will obviously be opportunities for the House to have its say. Let me make some progress.

Any extension is the means, not the end, but any extension of whatever length does not allow this House to escape its responsibilities to decide where it stands: whether to keep its commitment to deliver on the decision it gave to the British people or to walk away from doing so. Nor should an extension mean that a guerrilla campaign can be run to overturn the result of the referendum and frustrate the will of those who voted to leave.

I disagree with the suggestion of the shadow Chancellor, who is not in his place, that any extension should be open ended. I think he said that it should be “as long as necessary”. Indeed, he was at odds with other Labour Front Benchers. The right hon. Member for Islington South and Finsbury (Emily Thornberry) said only the day before that the Labour party would back an extension just to July because

“it would be inappropriate for us to stand for the European Parliament”.

An open-ended delay would be likely to mean no Brexit and disregarding the votes of the 17.4 million people who voted to leave.

We now need to use any additional time to ensure that an orderly Brexit is delivered. The Leader of the Opposition has not said to date how long an extension he seeks. I do not know whether Labour Front Benchers wish to use the opportunity of this emergency debate to put on record exactly how long an extension they support.

Steve Barclay Portrait Stephen Barclay
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Will the hon. Lady clarify Labour policy on the length of the extension? I look forward to hearing her date.

Catherine McKinnell Portrait Catherine McKinnell
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The north-east chamber of commerce has stated that its members do not want a messy and disorderly exit from the EU. They are perplexed by the Government’s allowing a no-deal scenario to be seen as a credible outcome. They have asked for article 50 to be extended for a sufficient time to enable the Government to engage fully with businesses and stakeholders to form a consensus on Brexit. Will the Secretary of State stop ignoring the will of thousands of job creators in the north-east?

Steve Barclay Portrait Stephen Barclay
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What is remarkable about that intervention is that chambers of commerce up and down the country have been saying, “Back the Prime Minister’s deal” because they want the certainty that it offers. I am therefore grateful to the hon. Lady for drawing the House’s attention to the voice of business. It is not a voice that usually gets much of a hearing on the Opposition Benches. I note that the hon. Lady ducked the challenge. I have still not heard anyone on the Opposition Front Bench tell us how long an extension they seek.

Steve Barclay Portrait Stephen Barclay
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We have a volunteer! We look forward to hearing the date from the hon. Gentleman.

Geraint Davies Portrait Geraint Davies
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Given that it is clear from the historic votes that we cannot agree the deal in this House, and given that the Government confidently say that they are reflecting what the people voted for, surely they have the confidence to put that back to the people, in which case the extension should be longer than the 22 weeks needed for a public vote—that is five months, of course. I therefore suggest that nine months is an appropriate period to keep all our options open.

Steve Barclay Portrait Stephen Barclay
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The hon. Gentleman has not even persuaded Labour Front Benchers of his position. He says that he wants a nine-month extension, yet we have no clarity from the Labour Front Bench. He also says that he wants time for a second referendum, but I have yet to hear clarity about the question. Would there be two questions or three? Would “remain” and “leave” be on the ballot paper?

Steve Barclay Portrait Stephen Barclay
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I have given way to the hon. Member for Swansea West (Geraint Davies) once and I think the Father of the House wants to intervene, so I will obviously let my right hon. and learned Friend intervene in a moment. However, even the question for a second referendum, as well as the length of time it would take, is unclear, and the hon. Gentleman cannot persuade Labour Front Benchers of his policy.

Lord Clarke of Nottingham Portrait Mr Kenneth Clarke
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We are sadly wandering around the point of how long and why we are having an extension, with Front Benchers on both sides, with respect, not being altogether clear. Are there not various basic facts? First, if the withdrawal agreement is defeated again, that cannot be the agenda for any further extension. Secondly, useful negotiations in Brussels will be very limited for the next few months because a new Parliament is being elected and a new Commission is being appointed, so we will not be able to get under way till some time in the summer. If we use that time for the British generally—Parliament and Government—to reach some conclusions about what we are pursuing, some time after that will still be needed. I would have thought that until the end of the year is the very minimum time that is needed to sort out this crisis sensibly and constructively from now on. We have not been doing that thus far.

Steve Barclay Portrait Stephen Barclay
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The Father of the House makes a very reasonable and well-made point. Indeed, it is a point I have made to some of my colleagues who voted leave in the referendum—if they continue to fail to support a meaningful vote then the House may opt for a softer form of Brexit. That is a risk that many who campaigned to leave need to be mindful of. The equivalent risk, for those who may cling to that life raft as a preferable option, is that it remains unclear whether the House would then ratify that, given the way the withdrawal agreement Bill would need to be passed. It is a major piece of proposed legislation and the sustainability of that coalition would come under question with the subsequent risk of a no-deal outcome.

Angus Brendan MacNeil Portrait Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
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The Secretary of State’s favourite outcome is the acceptance of the Prime Minister’s deal. If that cannot happen, what is his second preference? It does not sound like he is very much in favour of extension. The only two sovereign, independent choices to be made are no deal or revocation of article 50. Which one would he go for: over the cliff or turn back?

Steve Barclay Portrait Stephen Barclay
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I forgive the hon. Gentleman for not necessarily having listened to various media rounds where I answered that question on multiple occasions. If we take it to its absolute extreme—I think I have been very clear on what I think about both outcomes—no Brexit is hugely damaging democratically and a no-deal outcome is very damaging economically. Of the two, I think no Brexit is more fundamentally damaging to our country. I have made my view clear. That is notwithstanding —also being clear—that no deal would be economically disruptive, but I think it would also have difficulties for our Union, not least because the hon. Gentleman would seek to exploit a no deal in terms of a future indie referendum. I think both outcomes are undesirable, but, as the Prime Minister has repeatedly set out at the Dispatch Box, there are only three outcomes. However much Parliament might want to kick the can down the road and delay this, there are only three outcomes that we can have: no Brexit, no deal, or to back the Prime Minister’s deal, which the EU itself has made clear is the only option.

None Portrait Several hon. Members rose—
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Steve Barclay Portrait Stephen Barclay
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I will give way once more and then I will wrap up, because I am conscious of time.

Stephen Timms Portrait Stephen Timms
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In his last speech in the House, the Secretary of State commended a Government motion to us and then voted against it. Will he explain to us what on earth he was doing?

Steve Barclay Portrait Stephen Barclay
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Again, I touched on this in various media rounds I did yesterday. The point, looking at the entirety of my speech, is that all of my speech except the final line addressed the substance before the House that day: the amendments, in particular the amendment from the Chair of the Exiting the European Union Committee, the right hon. Member for Leeds Central, which would have taken control of the Order Paper away from the Government. I happen to feel, and the Government felt, that that was not just damaging to Brexit but constitutionally significant. As the right hon. Gentleman will know, the Government won that vote by two votes. There were three votes. What was reported was that the conclusion of the speech was quickly followed by a vote. What actually happened was that the three amendments were defeated and it was only at that point, following a commitment to a further amendable motion on 25 March, that the Chief Whip was in a position to change the Whip. So it was not just my view that changed, but the Chief Whip’s and the Government’s. [Interruption.] He chunters away. He asked a question and he is getting a straight answer.

None Portrait Several hon. Members rose—
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Steve Barclay Portrait Stephen Barclay
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I am conscious that I have taken quite a lot of interventions.

Three years after the country voted to leave, Parliament continues—

Barry Sheerman Portrait Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
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On a point of order, Mr Speaker. Almost surreptitiously, the Secretary of State announced a couple of sentences ago that we were going to have the next meaningful vote on Monday. That has not been announced in this House. I had no knowledge of it. The Father of the House has been making sensible suggestions for how we can, together, progress what we want to get out of the deliberations. Those will be confounded by the fact that the meaningful vote is being brought forward to Monday.

John Bercow Portrait Mr Speaker
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My understanding—

Steve Barclay Portrait Stephen Barclay
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It is an amendable motion.

John Bercow Portrait Mr Speaker
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Order. We will hear from the Secretary of State in a moment, but my understanding was that he had specified a meaningful vote on Monday. I thought that he used the words “meaningful vote”, but I may be incorrect; if so, he can clarify that. [Interruption.] Order. It is certainly the case that there is due to be a motion, pursuant to earlier resolutions of the House, and that it is due by Monday; I believe that it is listed in the remaining orders. My expectation is that there will be such a motion on Monday. Perhaps the right hon. Gentleman could helpfully clarify to the House precisely what the Government intend for Monday—assuming that they know—and what they do not intend.

Steve Barclay Portrait Stephen Barclay
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I am very happy to clarify: what I was referring to was the amendable motion that the Government have committed to. I refer back to the remarks of the Chancellor of the Duchy of Lancaster, who made that commitment on the record in Hansard.

Three years after the country voted to leave, Parliament continues to debate the manner in which we should leave, while some, having stood on a manifesto to respect the result, work tirelessly to frustrate that decision. The EU has repeatedly made it clear that after two and a half years of negotiation, the Prime Minister’s deal is the only—

Stephen Doughty Portrait Stephen Doughty
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On a point of order, Mr Speaker.

--- Later in debate ---
John Bercow Portrait Mr Speaker
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It would be difficult to get it immediately, although those who take down verbatim what is said in this House work extremely skilfully and conscientiously, so it is reasonable to expect that what was said will wing its way to the Chair before very long. Moreover, if the Secretary of State in any sense misspoke, it is open to him to clarify what he meant.

Steve Barclay Portrait Stephen Barclay
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If I did misspeak, of course I will apologise to the House and seek to clarify the record. I think the point being made was about a meaningful vote—sorry, I have just done it again; it was about an amendable motion. That was the point, and I think the shadow Secretary of State accepts it: we were referring to an amendable motion.

Barry Sheerman Portrait Mr Sheerman
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The Secretary of State is very kind, but I pulled him up on a point of order because I thought I had heard what he said. Will he address the concern that the Father of the House keeps raising? If we rush into this, we will not have time to do exactly what the Father of the House has been proposing: give ourselves some objectives, so that we know that we are going into Europe to say, “In this extra time we have, this is what we think is achievable.” This House could come together and do that, but if we have too early a vote, we will have no chance to get our house in order and do it.

Steve Barclay Portrait Stephen Barclay
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The hon. Gentleman’s interventions are always very reasonable. I am grateful for the opportunity to clarify on the record that I was referring to the amendable motion. On the substance of his point, we will come back on Monday and set out at the Dispatch Box exactly how we will honour the commitment that was given by the Chancellor of the Duchy of Lancaster.

None Portrait Several hon. Members rose—
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Steve Barclay Portrait Stephen Barclay
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I am conscious that I have used a lot of time, so I will conclude.

Anna McMorrin Portrait Anna McMorrin (Cardiff North) (Lab)
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Will the Secretary of State give way?

Steve Barclay Portrait Stephen Barclay
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Well, once more—go on.

Anna McMorrin Portrait Anna McMorrin
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I am very grateful. A few moments ago, the Secretary advocated no deal over no Brexit. That is wholly irresponsible and will cause huge problems in our communities and for our businesses. This short extension only pushes a no-deal brick wall a few months down the line. Will he confirm that he is not advocating no deal over no Brexit? That is not what we want.

Steve Barclay Portrait Stephen Barclay
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What I am advocating is a deal, because I accept that an outcome of either no Brexit or no deal is highly undesirable. Going back on the referendum result and on the hon. Lady’s own manifesto pledge at the last election would be hugely damaging to our democracy and to public trust in this institution.

In seeking a short extension to 30 June, the Government intend to bring the deal back to the House as the best means of ensuring an orderly exit. If, however, the House continues to refuse a deal, and if alternatives through other votes do not provide sufficient numbers for both a deal and ratification, it is clear that the House will need to decide between no deal, a softer Brexit and no Brexit at all. Some Members would prefer a general election to no deal, which is why those of my colleagues counting on a no-deal outcome are set to be frustrated, and others who think that Brexit can be stopped by holding European parliamentary elections and so enabling further long extensions might find that some Members prefer other outcomes. The best way for the House to deliver on the will of the people in the referendum is to support the Prime Minister’s deal. That is the way forward and is how the Government should proceed.

--- Later in debate ---
18:19

Division 371

Ayes: 297


Conservative: 288
Democratic Unionist Party: 8
Independent: 1

Noes: 196


Labour: 188
Independent: 7
Green Party: 1

Stephen Doughty Portrait Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
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On a point of order, Madam Deputy Speaker. I am sorry to make a point of order before the start of the next debate, but during the vote, the Leader of the House walked into the Chamber and shouted angrily at me, jabbing her finger, saying that she deserved an apology from me because I, alongside other Members of all parties, had raised concerns about her comments on LGBT education earlier today. Do you think that it is appropriate for the Leader of the House to shout and jab her finger at another Member rather than raising the matter in private in an appropriate way, given that she is responsible for tackling bullying and for conduct in this House?