EU: Withdrawal and Future Relationship (Motions) Debate

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Department: Department for Exiting the European Union

EU: Withdrawal and Future Relationship (Motions)

John Bercow Excerpts
Monday 1st April 2019

(4 years, 12 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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We now come to the motions relating to the United Kingdom’s withdrawal from and future relationship with the European Union. I inform the House that I have selected the following motions for decision by recorded vote: motion (C), in the name of Mr Kenneth Clarke; motion (D), in the name of Mr Nick Boles; motion (E), in the name of Mr Peter Kyle; and motion (G) in the name of Joanna Cherry.

Greg Hands Portrait Greg Hands (Chelsea and Fulham) (Con)
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On a point of order, Mr Speaker. Could you perhaps clarify why you have selected for debate motion (C), in the name of my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), when exactly the same motion with exactly the same words was debated and rejected by this House only three sitting days ago? For the benefit of those watching, could you perhaps explain why this can be brought back three days later, but the 585-page withdrawal agreement cannot?

John Bercow Portrait Mr Speaker
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The short answer to the right hon. Gentleman is that the House has agreed to the process that has unfolded, and therefore it is entirely procedurally proper for the judgment I have made to be made, and that is the judgment that I have made. The right hon. Gentleman will have noted the view expressed in the debates last week, and let me say in terms that are very clear—he may not approve of them, but they are clear—that the purpose of this discrete exercise, as I think is understood by colleagues across the House, is to try to identify whether there is potential consensus among Members for an approach to the departure from and the future relationship with the European Union. It is in that spirit and in the knowledge that it is wholly impossible, colleagues, to satisfy everybody, that I have sought conscientiously to discharge my obligations to the House by making a judicious selection. That is what I have done, that I readily defend to the House and that I will continue to proclaim to be the right and prudent course in circumstances that were not of my choosing, but with which, as Chair, I am confronted.

John Baron Portrait Mr John Baron (Basildon and Billericay) (Con)
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On a point of order, Mr Speaker. You know me not to be one to play games in this place. With respect, may I ask you to reconsider when it comes to motions (A) and (B)? The reason why I ask—we live in unusual times, so I do not apologise for making this request—is that motion (A) is new, in the sense that it reflects the withdrawal agreement as amended by the backstop. I suggest to you that it is the one vote we have had in this place, on the back of the Brady amendment, that actually achieved a majority. It is a new motion that has previously achieved a majority, and with respect—and I mean that—I think it worthy for consideration. May I also suggest, if only for future reference, that motion (B) is actually the legal default position from our triggering article 50? I do think it is incumbent on us to consider that in this particular debate, when we are trying to find some sort of consensus.

John Bercow Portrait Mr Speaker
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I am extremely grateful to the hon. Gentleman for his point of order and for the very reasonable tones in which, as usual, he expresses it. He and I have known each other for a long time, and I have the highest regard for the integrity of the hon. Gentleman. I am happy, although not obliged, to provide an answer to each of his two points. I say I am not obliged not in my interests, but because the House has long understood and asserted the obligation of the Chair to make these judgments and expected that the Chair would not provide an explanation, but that the House—having vested in the Chair the responsibility—would accept the judgment. However, I am happy in this case to respond to his two points.

First, in relation to the hon. Gentleman’s motion appertaining to the backstop, he makes his own point in his own way. I have to make a judgment about what I think is reasonable going forward. In this debate, colleagues, we are not acting alone; we are acting in a negotiation with the European Union. The point that the hon. Gentleman feels strongly about is expressed in this motion for the first time, but it has been aired repeatedly—I do not say that critically, but as a matter of fact—since the publication in November of the withdrawal agreement. Repeated commitments have been made to seek a re-examination of that point by the Union, and it has become clear over a period of months that that re-examination is not offered by the Union. It may or may not feature in the future, but in terms of trying to broker progress now I did not think it would be the most sensible motion to choose at this time. I put it no more strongly than that.

Secondly, in relation to the so-called no-deal motion, if the hon. Gentleman will forgive me—and, frankly, even if he will not—I am going to replay to him his own point in my support rather than his. Somewhat exasperated —well, quizzical—that I had not selected his motion, he said, “But Mr Speaker, leaving without a deal on 12 April is the legal default.” He is right: it is precisely because it is the default position in law that having it on the Order Paper is, in my view, a rhetorical assertion. It is a statement of fact, and it does not in my judgment require debate. The second point on that motion is that in looking at it—[Interruption.] The hon. Member for Torbay (Kevin Foster) can chunter from a sedentary position in evident disapproval of the thrust of the argument that I am developing if he so wishes, but it does not detract from the fact that I am making the point I am making. He does not like it: I do, and we will have to leave it there.

The simple fact of the matter is that that motion, voted on last week, as the beady eye of the hon. Member for Basildon and Billericay (Mr Baron) testifies he realises, was rejected by 400 votes to 160. A significant number of Members did not vote, but even if every Member who did not vote on that motion last week were to vote in favour of it this week, it still would not pass. I see my duty as being to try to advance matters. Whatever people think about this issue and whatever side of the argument they sit, they all think, “Can we not make some progress?” It is in pursuit of progress that I have made the disinterested—I use that old-fashioned but valid term—judgment that I have made to try to serve the House.

I totally understand that it will not please everyone, but it happens to be my view, it is an honest one, and it is my best judgment.

None Portrait Several hon. Members rose—
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John Bercow Portrait Mr Speaker
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I will happily take points of order indefinitely: I have good knee muscles and plenty of energy. I am not sure that it will greatly advance matters, but if hon. Members wish to raise points of order they are most welcome to do so.

Charlie Elphicke Portrait Charlie Elphicke (Dover) (Con)
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Further to that point of order, Mr Speaker. I have always found you very patient in hearing the concerns of any colleague in the House, and always passionate about the rulings that you make.

If I may remind you, the other day you made a ruling on meaningful vote 3, and you said that you wanted to make it clear that you expected the test of change to be met and that the Government

“should not seek to circumvent my ruling by means of tabling either a ‘notwithstanding’ motion or a paving motion. The Table Office has been instructed that no such motions will be accepted.”—[Official Report, 27 March 2019; Vol. 657, c. 370.]

What, then, is motion (C), which seems to be exactly that?

John Bercow Portrait Mr Speaker
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Forgive me if I was not sufficiently clear. I thought I had been. My apologies to the hon. Gentleman if my reply was too opaque. I thought I had indicated in an earlier reply that the House, in the motion that it had supported, had endorsed the approach to indicative votes that we are now taking. It is a discrete process separate from and different to the processes that have been adopted thus far.

All sorts of arguments and explanations have been given as to why we are in this process, with the House taking control of the process, and I do not need to revisit those, but I have answered that point already. I do not wish to be unkind to the hon. Gentleman, whom I like and respect very much as he knows, but I fear I have to say to him that it is not that I have not answered his point. I have answered his point already in response to an earlier point of order, but the simple fact is that the hon. Gentleman does not like my answer, and I am afraid I cannot do anything about that.

Anne Main Portrait Mrs Anne Main (St Albans) (Con)
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On a point of order, Mr Speaker. Tonight, we will be debating motion (E) on a confirmatory public vote, but this House voted on a confirmatory public vote, and I believe it gathered only 85 votes at the time. I am just wondering, Mr Speaker, why that motion, which was so roundly rejected by this House—it was not even supported by those on the Labour Benches—is worthy of another debate. Perhaps it should be kicked out.

John Bercow Portrait Mr Speaker
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I hope the hon. Lady will forgive me. I may have misheard her, but I thought she said something about 85 votes. From memory—I do not have it in front of me, although I can easily find it; it would not be very difficult—I think I am right in saying that the vote for the confirmatory public vote, for a confirmatory referendum, received 268 votes and was defeated—

Anne Main Portrait Mrs Main
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indicated dissent.

John Bercow Portrait Mr Speaker
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The hon. Lady is shaking her head, but I am trying to answer the point. I think it received 268 votes and was opposed by 295, so it was defeated. But again, if the hon. Lady will forgive me, and even if she won’t, I repeat the point that this is part of a process for which the House voted. Colleagues did so in the knowledge that a result might not be achieved on day one or even necessarily on day two, but the House wanted that process to take place. It may be—I have not looked at the Division list and it is absolutely her right—that the hon. Lady voted against this process altogether, and I completely respect her autonomy in making that judgment, but the House chose to adopt the process. What I have done and am doing is entirely in keeping with the spirit of that process.

John Bercow Portrait Mr Speaker
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Is it is further to that point of order? I am not sure there is a further to.

Anne Main Portrait Mrs Main
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Further to that point of order, Mr Speaker. The 85 votes I am referring to relate to the motion brought before the House by the hon. Member for Totnes (Dr Wollaston).

John Bercow Portrait Mr Speaker
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I am sorry. I did not realise that was what the hon. Lady was saying. Okay, but my point about the discrete process we are undertaking and the level of support for that particular motion stands. What I have tried to do—I say this not least so that our proceedings are intelligible to those who are not Members of the House but are watching—is identify those propositions that appear to command substantial support, preferably of a cross-party nature. That is what I have done. It does seem to me, if I may say so, that although it cannot please everybody it is quite a reasonable approach, as opposed to, for example, identifying a series of propositions that have minimal support and thinking that it would be a frightfully good sport instead to submit them to a verdict of the House again. That would not seem to me a particularly constructive way in which to proceed. I am for a constructive approach and I hope most of the House will agree with me that that is how we should operate.

Can we now move to the main debate? I call the Father of the House, the right hon. and learned Member for Rushcliffe (Mr Clarke), he who owns motion (C) on the customs union, to address the House.

Lord Clarke of Nottingham Portrait Mr Kenneth Clarke (Rushcliffe) (Con)
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I beg to move motion (C),

That this House instructs the Government to:

(1) ensure that any Withdrawal Agreement and Political Declaration negotiated with the EU must include, as a minimum, a commitment to negotiate a permanent and comprehensive UK-wide customs union with the EU;

(2) enshrine this objective in primary legislation.

John Bercow Portrait Mr Speaker
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With this it will be convenient to discuss the following motions:

Motion (D)—Common Market 2.0—

That this House –

(1) directs Her Majesty’s Government to –

(i) renegotiate the framework for the future relationship laid before the House on Monday 11 March 2019 with the title ‘Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom’ to provide that, on the conclusion of the Implementation Period and no later than 31 December 2020, the United Kingdom shall –

(a) accede to the European Free Trade Association (Efta) having negotiated a derogation from Article 56(3) of the Efta Agreement to allow UK participation in a comprehensive customs arrangement with the European Union,

(b) enter the Efta Pillar of the European Economic Area (EEA) and thereby render operational the United Kingdom’s continuing status as a party to the EEA Agreement and continuing participation in the Single Market,

(c) agree relevant protocols relating to frictionless agri-food trade across the UK/EU border,

(d) enter a comprehensive customs arrangement including a common external tariff, alignment with the Union Customs Code and an agreement on commercial policy, and which includes a UK say on future EU trade deals, at least until alternative arrangements that maintain frictionless trade with the European Union and no hard border on the island of Ireland have been agreed with the European Union,

(ii) negotiate with the EU a legally binding Joint Instrument that confirms that, in accordance with Article 2 of the Protocol on Ireland/Northern Ireland of the Withdrawal Agreement, the implementation of all the provisions of paragraph 1 (i) of this motion would cause the Protocol on Ireland/Northern Ireland to be superseded in full;

(2) resolves to make support for the forthcoming European Union (Withdrawal Agreement) Bill conditional upon the inclusion of provisions for a Political Declaration revised in accordance with the provisions of this motion to be the legally binding negotiating mandate for Her Majesty’s Government in the forthcoming negotiation of the future relationship between the United Kingdom and the European Union.

Motion (E)—Confirmatory public vote—

That this House will not allow in this Parliament the implementation and ratification of any withdrawal agreement and any framework for the future relationship unless and until they have been approved by the people of the United Kingdom in a confirmatory public vote.

Motion (G)—Parliamentary Supremacy—

That—

(1) If, at midday on the second last Day before exit day, the condition specified in section 13(1)(d) of the Act (the passing of legislation approving a withdrawal agreement) is not satisfied, Her Majesty’s Government must immediately seek the agreement of the European Council under Article 50(3) of the Treaty to extend the date upon which the Treaties shall cease to apply to the United Kingdom;

(2) If, at midday on the last Day before exit day, no agreement has been reached (pursuant to (1) above) to extend the date upon which the Treaties shall cease to apply to the United Kingdom, Her Majesty’s Government must immediately put a motion to the House of Commons asking it to approve ‘No Deal’;

(3) If the House does not approve the motion at (2) above, Her Majesty’s Government must immediately ensure that the notice given to the European Council under Article 50 of the United Kingdom’s intention to withdraw from the European Union is revoked in accordance with United Kingdom and European law;

(4) If the United Kingdom’s notice under Article 50 is revoked pursuant to (3) above a Minister of Her Majesty’s Government shall cause an inquiry to be held under the Inquiries Act 2005 into the question whether a model of a future relationship with the European Union likely to be acceptable to the European Union is likely to have majority support in the United Kingdom;

(5) If there is a referendum it shall be held on the question whether to trigger Article 50 and renegotiate that model;

(6) The Inquiry under paragraph (4) shall start within three months of the revocation; and

(7) References in this Motion to “Days” are to House of Commons sitting days; references to “exit day” are references to exit day as defined in the Act; references to the Act are to The European Union (Withdrawal) Act 2018; and references to the Treaty are to the Treaty on European Union.

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Lord Clarke of Nottingham Portrait Mr Clarke
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No, I am not going to give way. It would be unfair to other Members who have had this whole debate crammed into three hours. In 1972, we used to have all-night sittings on much smaller issues than this. I do not recommend going back to that, but I object to listening to my colleagues having to speak on three-minute time limits because chaps want to get to dinner and will not sit after 7 o’clock in the evening in the middle of the week, which is where this rather pathetic Parliament has got itself recently. That is my last digression from my theme. [Interruption.]

John Bercow Portrait Mr Speaker
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Order.

Lord Clarke of Nottingham Portrait Mr Clarke
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As I have said, the motion does not conflict with the Government’s withdrawal agreement. If the motion is passed or if it is subsumed by common market 2.0, which I will also vote for—that motion would subsume this one if it is carried—the easiest way of proceeding is for the Government to proceed with their withdrawal agreement tomorrow and for the Labour party to abstain because it is no longer such a blind Brexit, and then we can get on to the serious negotiations, which this country has not even started yet, with its 27 partner nations.

Motion (C) does not conflict with the case that is being made by many Members for a further referendum—either a confirmatory referendum or a people’s vote. It is not on the same subject. The referendum is about whether the public have changed their mind and whether we are firmly committed to the EU now that we know what is happening. That is a process—a very important one—that we are arguing about. I have been abstaining on that; I am not very fond of referendums, but there we are.

Motion (C) is concerned with a quite different subject: the substance of the negotiations if we get beyond 12 April. It begins to set out what the Government have a majority for and what they are being given a mandate for when they start those negotiations. The separate issue of whether, at any relevant stage, a referendum is called for can be debated and voted on quite separately. Advocates of a people’s vote are not serving any particular interest if they vote for a people’s vote and somehow vote against this motion to make sure that that somehow gets a bigger majority. Both can be accommodated.

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None Portrait Several hon. Members rose—
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John Bercow Portrait Mr Speaker
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Order. I am keen to accommodate all those whose motions have been selected before calling others. I am not imposing a formal time limit at this stage, but there is a premium on parliamentary time and therefore on brevity.

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Peter Kyle Portrait Peter Kyle
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I am grateful to the hon. Lady—[Interruption.] I encourage everyone to look in this direction rather than in any other direction. I am not suggesting that we propose another deal. I am proposing that we accept the landscape that we are standing in, exactly in the manner that I have just suggested. The deal before us is one that defines Brexit, and as it stands, this sovereign Parliament has rejected it again and again and again. In fact, MPs have cast a staggering 1,167 votes against the deal—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. I ask colleagues to show some respect for the Member who has the Floor. The hon. Gentleman has had his motion selected, and he is entitled—[Interruption.] Order. He is entitled to be heard.

Stephen Doughty Portrait Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
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On a point of order, Mr Speaker. This debate is obviously of extreme importance and it is vital that Members are able to hear the speeches, particularly those made by the proponents of the different motions. There is obviously a disturbance in the Gallery, and whatever the rights and wrongs of that protest, I am sure you would agree that we need to ensure that people can be heard in the debate and that the situation in the Gallery is appropriately handled so that we can proceed with our debate today.

John Bercow Portrait Mr Speaker
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Thank you. I suggest that we proceed.

Peter Kyle Portrait Peter Kyle
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Thank you, Mr Speaker.

As it stands, this sovereign Parliament has rejected the deal again and again and again. In fact, MPs have cast a staggering 1,167 votes against it. That is 50% more than the number of MPs who sit in this Chamber. However, although the majority here do not like it, the fact remains that it has been signed off by every EU country, by the EU itself and by the British Government. It is the only deal on the table. We have to accept that there is no majority for the Government’s deal, but neither is there a majority right now for an alternative. So we have a stark choice. Do we continue the war of positions in the hope that one side will capitulate, knowing the damage that it will do to our politics and to our country? Do we persist with the deadlock? Or do we choose to progress? If there is no outright majority for any of the motions, we must do what the country is desperate for: we must compromise by bringing together two minority positions to create a majority in order to move forward.

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Nigel Evans Portrait Mr Nigel Evans
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On a point of order, Mr Speaker. Briefly, may I thank you, Sir, and the House authorities for the way in which the disruption was handled? It was a distraction, but there was no disruption to our proceedings. May we, through you, thank everybody involved?

John Bercow Portrait Mr Speaker
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We want to thank those who look after us and protect us. I very much appreciate what the hon. Gentleman has said. We just press on with the debate. That is what we are here to do.

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None Portrait Several hon. Members rose—
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John Bercow Portrait Mr Speaker
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Order. Approximately 40 right hon. and hon. Members wish to speak, the large majority of whom, I am sorry to say, seem set to be disappointed, and three Front Benchers are due to speak, although I hope mercifully briefly. So in the interests of trying to accommodate colleagues, we will start with a time limit of six minutes, but it is not obligatory to absorb the full six. I call Mr Dominic Grieve.

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Barry Sheerman Portrait Mr Sheerman
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Yes, Attlee. He is almost canonised, but anyone who wants to know about the confusion on Europe in the Labour party should read about Clement Attlee. He wanted to reject Europe and continue expanding trade with the colonies. The divisions on Europe in the Labour party were deep, mirroring in part what has happened more recently in the Conservative party. It was Harold Wilson, who came from Huddersfield but was never Member of Parliament for the town, who called the first referendum because of the deep division between left and right in the party, especially with Tony Benn. The result was the innovation, which I much regret, of referendums under our constitution.

I will support all four of the motions this evening, because this is the beginning of a process. We are in a bitter and toxic period. In my nearly 40 years in Parliament, I have never seen such nastiness in the streets, on social media and in the way we treat each other in the House, referring to each other as traitors. I hope tonight we can start the process, by voting for some of these positive motions. Of course, in the end I want to stay in the European Union, but I am willing to meet people halfway and to build bridges.

All the time I have the national interest at the back of my mind. Someone asked me at the weekend, “What is the national interest? The Prime Minister keeps talking about it. The Conservative Prime Minister who first got us into this mess has disappeared and now another one is going to disappear.” The national interest is for this House to come together and replace the vacuum we have had from the present leadership in the major political parties. I say that reluctantly, but it is true. It is time we had that leadership, but until we get it again, the House must pick up the baton and run with it. I hope that tonight will start that process.

John Bercow Portrait Mr Speaker
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I will next take the Front-Bench speeches. I have asked the Secretary of State, the shadow Secretary of State and the spokesman for the SNP to try not to exceed five minutes, and then the Back-Bench limit will have to be cut to four minutes to try to maximise participation.

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Hywel Williams Portrait Hywel Williams (Arfon) (PC)
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My remarks will be brief. I will explain why Plaid Cymru will be supporting only one option, and two procedures, as a potential solution to the Brexit deadlock. The Prime Minister insists on bringing forward the same votes on her botched deal, only for the House to reject it again, as has happened twice already. We believe it is essential to hold a people’s vote on the final deal. Ultimately, it must be a question of deciding between the arrangements that we know, and that have worked well, although not perfectly, for several decades, and what those who advocate change can devise. It is clear that there is no agreement on what that alternative might be, so what was started by a vote of the people must, I think, be ended by a vote of the people. We will be supporting the motion in the name of the hon. Member for Hove (Peter Kyle) tonight.

The best option for Wales is undoubtedly to remain within the European Union. As our economy is heavily dependent on the ability to export tariff-free to the European Union, leaving the Union would be damaging for the Welsh economy. It is our responsibility as Plaid Cymru, the party of Wales, to mitigate that as much as possible. Therefore, we will also be supporting the motion in the name of the hon. Member for Grantham and Stamford (Nick Boles), which would continue to ensure membership of the single market and a form of customs union, protecting jobs, protecting workers rights and protecting our economy. It is indeed strikingly similar to the proposals entitled “Securing Wales’ Future” that we brought forward some two years ago and which were largely the fine work of our late friend Steffan Lewis AM, whose untimely death this year deprived us of a great future prospect for our politics. If this is the final position adopted, it is imperative that this too is put to a people’s vote.

It is essential that we have a means of protection against crashing out of the European Union with no deal at all. The first step to protect against this must be a meaningful extension of article 50. This has to be obtained from the European Union, but were it to be refused—although I think that is unlikely—it must be up to this House to choose between a no-deal Brexit, which we have already rejected, and revoking article 50 and stopping this careering train in its tracks. Therefore, we will be supporting motion (G) in the name of my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry).

John Bercow Portrait Mr Speaker
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Last speech at four minutes—I call Greg Hands.

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None Portrait Several hon. Members rose—
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John Bercow Portrait Mr Speaker
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I call the hon. Member for Camborne and Redruth (George Eustice)—a three-minute limit now applies, as he was advised earlier.

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None Portrait Several hon. Members rose—
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John Bercow Portrait Mr Speaker
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Order. There will now be a two-minute speaking limit.

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Debate interrupted (Order, this day).
John Bercow Portrait Mr Speaker
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Colleagues, voting forms are available from the Vote Office and in the Division Lobbies. As colleagues know, voting will start at the end of this statement/announcement and will continue for 30 minutes from the moment it starts.

I will now repeat what I said the other day, for the avoidance of doubt and for the sake of clarity. The forms look very similar to deferred Division forms, except that they are blue, and they will list the title and letter of the selected motions. The text of the motions is on the Order Paper. Members with surnames from A to K should hand in their forms in the Aye Lobby at the relevant desk for their surname and Members with surnames from L to Z should hand in their forms in the No Lobby at the relevant desk. As with deferred Divisions, Members may not—I repeat may not—vote Aye and No to the same motion. If this happens, the vote will not be counted. As with deferred Divisions, Members may not hand in forms on behalf of other Members. Each Member must hand in his or her own form. Members with proxy votes in operation will need to get their nominated proxy to hand in their form.

A short note is available in the Vote Office confirming those arrangements. I will announce the results in the Chamber as soon as they are ready. Those results will be published in the same way as deferred Divisions on the Commons debates website and app and in Hansard, showing how each hon. Member voted on each motion. Voting is due to start now and colleagues have 30 minutes to cast their votes.