European Union (Withdrawal) Act 2018 Debate

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Department: Cabinet Office

European Union (Withdrawal) Act 2018

Theresa May Excerpts
Tuesday 29th January 2019

(5 years, 2 months ago)

Commons Chamber
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Theresa May Portrait The Prime Minister (Mrs Theresa May)
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I beg to move,

That this House, in accordance with the provisions of section 13(6)(a) and 13(11)(b)(i) and 13(13)(b) of the European Union (Withdrawal) Act 2018, has considered the Written Statement titled “Statement under Section 13(4) of the European Union (Withdrawal) Act 2018” and made on 21 January 2019, and the Written Statement titled “Statement under Section 13(11)(a) of the European Union (Withdrawal) Act 2018”and made on 24 January 2019.

Over the past few weeks, this House has left no one in any doubt about what it does not want. It does not want to leave the EU without a deal, because that would hurt our economy and disrupt people’s lives. It does not want to hold a general election, because it would waste time, increase division and solve none of the problems we face. Indeed, this House renewed its confidence in Her Majesty’s Government a fortnight ago. Neither do I see anything approaching a majority across the House to hold a second referendum. Indeed, the leaders of the so-called “People’s Vote” campaign obviously agree with me, because they declined even to table an amendment to put that into effect. I also accept, however, that this House does not want the deal I put before it in the form it currently exists. The vote was decisive, and I listened.

The world knows what this House does not want. Today, we need to send an emphatic message about what we do want. I believe that that must include honouring the votes of our fellow citizens and completing the democratic process that began when this House voted overwhelmingly to hold the referendum and then voted to trigger article 50 and that saw the vast majority of us elected on manifestos pledging to see Brexit through.

Stephen Doughty Portrait Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
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At the November European Council, the Prime Minister pleaded with other European leaders, telling them that her deal was not only the best deal but the only possible deal—a statement she repeated time and again, including in this House. We now hear from her spokespeople at No. 10 that she wants to rip up the withdrawal agreement and open up the whole process again. Why would other European leaders agree to that?

Theresa May Portrait The Prime Minister
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I gently suggest that the hon. Gentleman listen to my speech before asking questions of that sort.

Seeing Brexit through means reaching an agreement that works for this country and our people and for the other 27 nations of the European Union, including our nearest neighbour, Ireland. It means listening to the message being sent by the great manufacturing firms that employ millions of our constituents that they need an implementation period and a free trade area with our nearest market. It means protecting the security partnerships that keep us safe. It means caring about every part of this United Kingdom, including the people of Northern Ireland, who should be just as much the concern of each one of us in this Union Parliament as their fellow citizens in England, Scotland and Wales. We need a good deal that sets us on course for a bright future.

That is what I believe this House wants. It is what this Government want; it is what I want; and it is what the British people want. Today, we have the chance to show the European Union what it will take to get a deal through this House of Commons and to move beyond the confusion, division and uncertainty that now hangs over us and on to the bright, new, close, open relationship we want to build and can build with our European friends in the years ahead.

Stephen Gethins Portrait Stephen Gethins (North East Fife) (SNP)
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The Prime Minister knows that her Treasury analysis shows that every single plan for Brexit makes us poorer. If she is confident of her plan, will she publish it?

Theresa May Portrait The Prime Minister
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We published an economic analysis, along with other analyses, and they showed that the Government’s proposal was the best deal for honouring the referendum and providing protection for jobs and the economy in this country. I know the hon. Gentleman does not agree, because he does not want to honour the referendum result, but I think it is our duty to honour it.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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The Prime Minister has had some strong words for the House for not forming an alternative consensus to her deal, but she is now supporting the Brady amendment, and so will be voting against her own deal. How does she expect the House to provide an alternative when she is voting against her own deal?

Theresa May Portrait The Prime Minister
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Time and again, Opposition Members have stood up and asked me to listen to the House. Now I come to the House having listened to the House, and Members say I should not have.

The way to make clear what it will take to agree a deal is to reject the amendments that state and restate once again what we do not want and back instead the amendment that shows what this House needs in order to agree a deal.

Andrew Percy Portrait Andrew Percy (Brigg and Goole) (Con)
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The Prime Minister is absolutely right about honouring the referendum result. Millions of people across the north of England voted in huge numbers to leave the EU, and many of them went out and re-elected Labour MPs who stood on a solemn commitment to make good on the referendum result. Is it not the case that if any Member of Parliament representing a northern leave constituency votes for amendment (b) this evening, they will be voting to dishonour the referendum result?

Theresa May Portrait The Prime Minister
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My hon. Friend makes an important point. It is up to every Member to remember the manifesto on which they were elected. Some 80% of the votes cast at the general election were cast for parties that said they would honour the referendum result, and that is what we need to do, and we can honour it by showing tonight what it will take to enable this House to agree a deal on the basis of which we can leave the EU.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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The Prime Minister now no longer favours the backstop arrangement she negotiated and instead is in favour of alternative arrangements. Will she set out for the House what those alternative arrangements are?

Theresa May Portrait The Prime Minister
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The right hon. Gentleman refers to alternative arrangements as if it is a phrase that has suddenly come into use. As I will mention later, the deal we negotiated allows for alternative arrangements.

I would like to turn to the amendments. I appreciate the spirit of the amendment tabled by my right hon. Friend the Member for Meriden (Dame Caroline Spelman). I, too, want to avoid leaving without a deal. I have heard the concerns and anxieties of businesses and families around the country who worry about what would happen if we left without a deal, and I do not want to put at risk all the hard work that has seen this Government deliver record high employment; the joint lowest unemployment in 45 years and wages growing at their fastest rate in a decade.

That said, my right hon. Friend’s amendment is missing the other half of the equation, for unless we are to end up with no Brexit at all, the only way to avoid no deal is to agree a deal. That is why I want to go back to Brussels with the clearest possible mandate to secure a deal that this House can support. That means sending the clearest possible message not about what the House does not want, but about what we do want.

Theresa May Portrait The Prime Minister
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I am just going to make a little more progress. I am always generous in taking interventions, as the hon. Gentleman knows.

I know that some Members have been concerned that this debate could be the last chance to vote on their desire to avoid a no deal, so I want to reassure the House that it is not. We will bring a revised deal back to the House for a second meaningful vote as soon as we possibly can.

Pete Wishart Portrait Pete Wishart
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Will the Prime Minister give way?

Theresa May Portrait The Prime Minister
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If the hon. Gentleman wants to comment on what I am saying about the process that the Government will follow, I suggest that he should wait until I have completed what I am saying. [Interruption.]

John Bercow Portrait Mr Speaker
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Order. Let me very gently say to the hon. Member for Perth and North Perthshire (Pete Wishart) and his hon. Friend the Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) that both of them are very senior figures in the land, as Chairs of important Select Committees of the House, and they should behave with the decorum that befits their high status.

Theresa May Portrait The Prime Minister
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First of all, as I have said, we will bring a revised deal back to this House for a second meaningful vote as soon as we possibly can. While we will want the House to support that deal, if it did not, we would—just as before—table an amendable motion for debate the next day. Furthermore, if we have not brought a revised deal back to this House by Wednesday 13 February, we will make a statement and, again, table an amendable motion for debate the next day. So the House will have a further opportunity to revisit this question of leaving without a deal. Today, we can and must instead focus all our efforts on securing a good deal with the EU that enables us to leave in a smooth and orderly way on 29 March.

Emma Reynolds Portrait Emma Reynolds (Wolverhampton North East) (Lab)
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The Prime Minister is, of course, right that there is more clarity about what the House does not want than about what it does want, but to get that clarity about what the House wants, why will she not agree to a series of indicative votes on all the substantive options before us—not the process but the substance, including a comprehensive customs union?

Theresa May Portrait The Prime Minister
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The hon. Lady and others—indeed, Members on her party’s Front Bench—had the opportunity to table indicative votes. Did they do so? No. They tabled something that said, “Well, what’s the answer? Let’s have a few more votes in the future, possibly, maybe, if we think that it might be useful at some stage.”

Neil Gray Portrait Neil Gray (Airdrie and Shotts) (SNP)
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This morning, there was some kite-flying about a so-called Tory Brexit compromise that would still take Scotland out of the EU, would probably require an extension of article 50, and proposes what has already been ruled out. Does that not further emphasise the fact that this Prime Minister’s Brexit policy has been about the Tory party, first, last and always?

--- Later in debate ---
Theresa May Portrait The Prime Minister
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My Brexit policy, and the policy of the Government, has been about the vote that took place in 2016 in the referendum and about delivering on leaving the European Union.

Charlie Elphicke Portrait Charlie Elphicke (Dover) (Con)
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Does the Prime Minister agree that it is important for us to honour the referendum and the vote of 2016? Will she rule out any extension of article 50 and any wrecking tactics from the Labour party and make sure that we leave on 29 March?

Theresa May Portrait The Prime Minister
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I absolutely agree that we need to deliver on the result of the referendum. Let me add that when people talk about things such as delaying article 50, that does not resolve the issue of what deal we should have in leaving the European Union. What we can do today is send a clear message to Brussels about what the House wants to see changing in the withdrawal agreement in order to be able to support it.

Theresa May Portrait The Prime Minister
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I will give way to the hon. Member for Nottingham East (Mr Leslie), and then I will relent and give way to the hon. Member for Perth and North Perthshire (Pete Wishart).

Chris Leslie Portrait Mr Leslie
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I want to find out what has changed since the Prime Minister said to the House just a fortnight ago:

“some…wanted to see changes to the withdrawal agreement, a unilateral exit mechanism from the backstop, an end date or rejecting the backstop…The simple truth is that the EU was not prepared to agree to this and rejecting the backstop…means no deal.”—[Official Report, 14 January 2019; Vol. 652, c. 826.]

Does she still agree with herself?

Theresa May Portrait The Prime Minister
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If the hon. Gentleman will wait, I shall come on to talk about the issue of the backstop. We retain absolutely our commitment to a way of ensuring that we deliver on the commitment to no hard border between Northern Ireland and Ireland. However, the hon. Gentleman may have noticed that actually we lost a vote, and we have been listening to Members on both sides of the House. The hon. Gentleman and his right hon. and hon. Friends say to me that I must recognise that we lost a vote. Yes, that is why we are here, looking at what it will take to ensure that we get a deal through the House.

Theresa May Portrait The Prime Minister
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I said to the hon. Gentleman that I would give way.

Pete Wishart Portrait Pete Wishart
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I am very grateful to the Prime Minister for relenting. She is just about to rip up her backstop, and we are all wishing that she would get on with it and tell the House exactly what she plans to do. That involves an agreement—[Interruption.] Hold on a minute. That involves an agreement—[Interruption.]

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Pete Wishart Portrait Pete Wishart
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Thank you, Mr Speaker. I shall continue to be mildly provocative, if I can, by asking the following question. This is an agreement with the European Union. What happens when the European Union says no to the Prime Minister again?

Theresa May Portrait The Prime Minister
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The first step in all this is for the House to make clear what it wants to see in relation to changes. The hon. Gentleman says that he wants me to get on with it and actually talk about what I want to talk about. If he were not jumping up and down all the time, I might be able to get on with it.

Let me now turn to the amendments from my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) and the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper). I understand the concerns that led to the tabling of the amendments, but I have the most profound doubts about the consequences to which they would lead.

Both amendments seek to create and exploit mechanisms that would allow Parliament to usurp the proper role of the Executive. Such actions would be unprecedented and could have far-reaching and long-term implications for the way in which the United Kingdom is governed and the balance of powers and responsibilities in our democratic institutions. I am sure that, as former Ministers of the Crown, both Members must know that. So, while I do not question their sincerity in trying to avoid a no-deal Brexit, to seek to achieve that through such means is, I believe, deeply misguided and not a responsible course of action.

Furthermore, neither amendment actually delivers on the best way of avoiding no deal, which is, as I have said, for the House to approve a deal with the European Union. The amendment tabled by my right hon. and learned Friend would see six full days given over to debates and votes on alternative plans, on which we could have voted today. With just 59 days left before we are due to leave the European Union, the way in which to deliver Brexit and avoid a no deal is to focus all our energies and time on getting a revised deal that both the House and the European Union can agree to support.

Wes Streeting Portrait Wes Streeting (Ilford North) (Lab)
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Does the Prime Minister not understand that the reason we are in this mess is that she chose to go and negotiate without first commanding the support of a majority in the House? Does she also not understand that, whether we are talking about the option that has been put forward by her Back Benchers or other options, she will need two things for that to succeed—time, and the opportunity for the House to agree on the negotiating mandate? The amendments provide that time and that opportunity. Why is the Prime Minister opposing them?

Theresa May Portrait The Prime Minister
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The hon. Gentleman has an opportunity today to agree the negotiating mandate for going back to Brussels by supporting the amendment tabled by my hon. Friend the Member for Altrincham and Sale West (Sir Graham Brady).

Dominic Grieve Portrait Mr Dominic Grieve (Beaconsfield) (Con)
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My right hon. Friend will have seen that the amendment that I tabled goes solely to process, not to outcome. But is it not the case that the House has never had a proper opportunity to debate options, and to do it in a reasoned way? What the Prime Minister is asking the House to do again today is to suddenly adopt a measure that the Government have signed up to at the last moment and to say that that should be the route we should take. Surely that illustrates the precise problem that the House has had throughout. Let me make it clear to my right hon. Friend that the purpose of my amendment is to give the House the space in which to find where the majority lies, and I commend it to her.

Theresa May Portrait The Prime Minister
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Let me say first that we have that opportunity today. I, and others, have been listening and talking to Members on both sides of the House about the issues that they have raised—apart from the Leader of the Opposition, who did not want to come and talk to me. I shall mention a number of those issues later in my speech, but one of them, which has been raised consistently by Members, is the backstop. We have an opportunity to give a clear message to the European Union on this matter today, and I also say to my right hon. and learned Friend that I am sure he has thought through very carefully the longer-term implications of the moves proposed tonight in the amendments that he and the right hon. Member for Normanton, Pontefract and Castleford have put forward and the implications they have for the relationship between the Executive and Parliament in the future.

Nigel Evans Portrait Mr Nigel Evans (Ribble Valley) (Con)
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Does the Prime Minister also get the idea that the European Union too wants to do a deal with the United Kingdom? We have a £95 billion deficit with it; the Germans sell us 850,000 cars every year; we buy 20% of all the prosecco produced in Italy: does she agree with me that the European Union wishes to carry on trading with the United Kingdom in the way it currently does?

Theresa May Portrait The Prime Minister
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I am going to reference this later on, and I think there is a willingness on the other side—the European Union—to agree a deal with the UK, but what it clearly said when the meaningful vote was lost was that it wanted to know what the UK wanted to see happening in relation to the deal, and that is an opportunity that we have today.

None Portrait Several hon. Members rose—
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Theresa May Portrait The Prime Minister
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I will give way to the hon. Member for North Down (Lady Hermon) and then I will make some progress.

Lady Hermon Portrait Lady Hermon (North Down) (Ind)
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I am grateful to the Prime Minister for allowing me to intervene at this early stage.

The Prime Minister is trying to encourage this House to vote for an amendment that uses the words

“alternative arrangements to avoid a hard border”

on the island of Ireland. Forgive me, Prime Minister, if I say that those words are nebulous. They are nebulous; the Prime Minister has a duty to spell out to this House before we vote what those alternative arrangements are, and how on earth the other 27 EU member states are expected to agree to this revised arrangement before Brexit date on 29 March.

--- Later in debate ---
Theresa May Portrait The Prime Minister
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The amendment standing in the name of my hon. Friend the Member for Altrincham and Sale West and other right hon. and hon. Members does indeed reference the issue of “alternative arrangements”. That term is recognised in the withdrawal agreement and the political declaration in terms of the deal, and I am going on to reference a number of options that have been brought forward in relation to that particular term.

None Portrait Several hon. Members rose—
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Theresa May Portrait The Prime Minister
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I am going to make some progress.

The amendment in the name of the right hon. Member for Normanton, Pontefract and Castleford does not rule out no deal; it simply delays the point of decision, and the policy dilemmas, the choices, the trade-offs that we face as a Parliament will not go away if we postpone exit day. Her amendment offers absolutely no positive suggestions to address them. Furthermore, I believe that the EU is very unlikely to agree to extend article 50 without a credible plan for how we are going to approve a deal. So whatever the right hon. Lady’s intention, I think the practical consequences of her amendment would be not to rule out no deal, but to delay Brexit, and that is not a course of action that this House should support.

Theresa May Portrait The Prime Minister
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I will of course give way to the right hon. Lady.

Yvette Cooper Portrait Yvette Cooper
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If the Prime Minister does not get agreement either from the EU or this Parliament to her next course of action, is she ruling out any extension of article 50?

Theresa May Portrait The Prime Minister
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I have been very clear, as I said earlier, about the process we will follow: if we get a deal we will bring it back to this House, or if we have not got a deal we will give this House opportunities through amendable motions to state its view as to what should happen at that point in time.

Henry Smith Portrait Henry Smith (Crawley) (Con)
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Does my right hon. Friend agree that throughout the history of the European Union it has always worked to deadlines, and the British people now want us to get on and finish the job they have given us?

Theresa May Portrait The Prime Minister
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I thank my hon. Friend for what he has pointed out and particularly for the fact that, as he said, the British people just want to see this done. They want us to leave; they want us to leave with a deal.

None Portrait Several hon. Members rose—
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Theresa May Portrait The Prime Minister
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I will give way to the right hon. Member for Normanton, Pontefract and Castleford, as I have referenced her.

Yvette Cooper Portrait Yvette Cooper
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It is really important that the House has some clarity on this. If the Prime Minister is saying that there will be future votes in which Parliament can make some decisions about no deal or not, she will know that her credibility is very limited because she said there would be a vote in December and then pulled it at the last minute. We therefore need some clarity from her now: is she saying that if Parliament votes for an extension of article 50 to avoid no deal on 29 March she will respect that?

Theresa May Portrait The Prime Minister
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There is a very simple point: extending article 50 does not rule out no deal. [Interruption.] No, I am sorry; I have said this before, but I apologise to the House as I am going to repeat it again. There are two ways in which it is possible to rule out no deal. One is by revoking article 50 and not leaving. That is the SNP’s view, but it is not my view, it is not the Government’s view, and I believe that it is not the view of the British people and is not the view of the majority of Members of this House. The other way to ensure we do not leave with no deal is to agree a deal. The stage we are at at the moment is that the House of Commons has rejected the deal that the Government agreed with the European Union when we brought that back, and it rejected it with our having achieved further reassurances; I am going to go on to say what I believe is now required by this House, from the conversations and discussions I have had with right hon. and hon. Members of this House. As I have set out—

Yvette Cooper Portrait Yvette Cooper
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Will the Prime Minister give way?

Theresa May Portrait The Prime Minister
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The right hon. Lady wants to intervene again; I will take another intervention from her, and then if she will excuse me I will make some progress.

Yvette Cooper Portrait Yvette Cooper
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I am very grateful to the Prime Minister for giving way again, but I am simply trying to understand what she is saying. She cannot have it both ways: she cannot be saying that she absolutely will leave on 29 March in all circumstances, whatever happens, and then simultaneously say that there will be an opportunity for Parliament to have some future votes and decide what happens next if there is no deal. The question here is whether or not she would ever contemplate any extension of article 50 to get a bit more time to sort things out to avoid no deal—yes or no.

Theresa May Portrait The Prime Minister
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As I said earlier in my speech, we will bring a revised deal back to this House for a second meaningful vote as soon as we possibly can. If it were not supported by the House, we would table an amendable motion for debate the next day, and if we have not brought a revised deal back to this House by Wednesday 13 February we will make a statement and again table an amendable motion for debate the next day. The right hon. Lady references the timetable up to 29 March; actually this House voted for that timetable when it voted to trigger article 50.

I would like to move on to the amendment in the name of the Leader of the Opposition.

Angela Eagle Portrait Ms Angela Eagle (Wallasey) (Lab)
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Will the Prime Minister give way?

Theresa May Portrait The Prime Minister
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No, I am going to make some progress.

Theresa May Portrait The Prime Minister
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No.

We should not indulge the amendment from the Leader of the Opposition. First he wanted a comprehensive customs union, then it was a new customs union and now it is a permanent customs union. Last week, I asked him whether he means accepting the common external tariff, accepting the common commercial policy, accepting the Union customs code, or accepting EU state aid rules: he had no answers then; he has no answers now; he hasn’t got a clue. He is still facing both ways on whether Labour would keep freedom of movement, and last night he whipped his MPs to oppose the Bill that would end free movement and introduce a skills-based system. And he is still facing both ways on a second referendum: his amendment calls for legislation for a public vote, but we still do not know whether he would use it or what the question would be.

I know that many Labour voters and MPs, and others in the Labour movement, are frustrated by the Leader of the Opposition’s approach. It is surely time for him to step up to the responsibility of being Leader of the Opposition and finally sit down with me and talk about how we can secure support in this House for a deal. As I said last week, he has been willing to sit down with Hamas, Hezbollah and the IRA without preconditions; it is time he did something in our national interest, not against it.

Theresa May Portrait The Prime Minister
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No, I am going to make some progress.

None of the amendments I have addressed so far will ensure that we deliver Brexit. Instead, they simply provide more arguments against action and more reasons to stand still. Rather than setting out a plan to make Brexit work, they create further delay. And delay without a plan is not a solution; it is a road to nowhere.

Angela Eagle Portrait Ms Angela Eagle
- Hansard - - - Excerpts

Will the Prime Minister give way?

Theresa May Portrait The Prime Minister
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No. I have said to the hon. Lady that I am going to make progress.

I am not prepared to stand still and put at risk either the Brexit that the people of this country voted for or the economic success they have worked so hard to secure. After this House gave its verdict on the withdrawal agreement, I stood at this Dispatch Box and pledged to work with the House to determine what steps to take next, and in the two weeks since, I have done just that. [Interruption.] Labour Front Benchers say that I have not done that. Actually, the only people I have not been able to talk to about this are the Labour party’s Front Benchers, because they decided not to come.

I have listened to the House, met MPs from all parties and spoken with and listened to Members of the European Parliament, Heads of the devolved Administrations, senior trade unionists and the leaders of Britain’s biggest businesses. From those conversations, it is obvious that three key changes are needed.

First, we must be more flexible, open and inclusive in how we engage this House in our approach to negotiating our future partnership with the European Union. Secondly, we must and will embed the strongest possible protections for workers’ rights and the environment. The Government will not allow the UK leaving the EU to result in any lowering of standards in relation to employment, environmental protection or health and safety. Furthermore, we will ensure that, after exit day, the House has the opportunity to consider any measure approved by EU institutions that strengthens any of those protections. As I have set out before, we will consider legislation where necessary to ensure that those commitments are binding. To that end, in the coming days, we will have further talks with the trade unions and MPs across the House to flesh out exactly how we can ensure that their concerns on those fronts are met. My message to Britain’s workers, in factories, offices, warehouses and right across our country, is that you can rest assured that the Government will deliver for you.

Tanmanjeet Singh Dhesi Portrait Mr Dhesi
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A clear and concise message needs to be given to the EU and to our nation. The Prime Minister does not want no deal, business in Slough and in the rest of the country do not want no deal, and the unions, which she has just mentioned, do not want no deal, so what is the problem in putting that down in black and white?

Theresa May Portrait The Prime Minister
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In order to deliver what the hon. Gentleman wants and ensure that we do not leave with no deal, we need to agree a deal. What we are doing today is looking at a series of amendments. I will come on shortly to an amendment that actually sets out a clear view from this House that we can take to the European Union and work to ensure that we can leave with a deal.

The third point that has become clear from discussions is that we must address the concerns of this House over the nature of the Northern Ireland backstop. The fundamental concern is that what is supposed to be a temporary arrangement could in fact become permanent. The message has been unequivocal: this House wants changes to the backstop before it will back a deal.

None Portrait Several hon. Members rose—
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Theresa May Portrait The Prime Minister
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No, I am going to explain the position. That message has come from Conservative Back Benchers, Opposition Members and our confidence and supply partners in the DUP. That is why I believe it is in all our interests for the House to back the amendment tabled by my hon. Friends the Members for Altrincham and Sale West and for South West Wiltshire (Dr Murrison), my right hon. Friend the Member for Ashford (Damian Green) and others.

None Portrait Several hon. Members rose—
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Theresa May Portrait The Prime Minister
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No, I am going to explain. This amendment will give the mandate I need to negotiate with Brussels an arrangement that commands a majority in this House—one that ensures we leave with a deal and addresses the House’s concerns, while guaranteeing no return to the hard border between Northern Ireland and Ireland.

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—a move for which I know there is limited appetite among our European partners. But I believe that with a mandate from this House, and supported by the Attorney General, the Chancellor of the Duchy of Lancaster and the Secretary of State for Exiting the European Union, I can secure such a change in advance of our departure from the EU.

Lord Dodds of Duncairn Portrait Nigel Dodds (Belfast North) (DUP)
- Hansard - - - Excerpts

I welcome what the Prime Minister has said about the need to address the issue of the Northern Ireland backstop, which she is quite right to emphasise as the primary problem. I also welcome the fact that she has said in terms that she will go back and seek the reopening of the withdrawal agreement. She can be assured of our support in trying to find a solution that avoids any hard border on the island of Ireland as well as any borders within the United Kingdom.

Theresa May Portrait The Prime Minister
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I am grateful for the clarity with which the right hon. Gentleman has set out that position. We remain absolutely committed as a Government to ensuring that we have no hard border between Northern Ireland and Ireland and that any proposals accepted and put forward by this House maintain our precious Union.

Baroness Morgan of Cotes Portrait Nicky Morgan (Loughborough) (Con)
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I agree with the Prime Minister that the best way to avoid no deal is to put an agreement in place. She will be aware that a surprising combination of Members with very different Brexit views have been coming together to come up with some proposals. We are very grateful to her for the time she has given to engage with us. Will she undertake to ask her officials to consider those proposals seriously and to put them on the table as a possible way of fleshing out the alternative arrangements?

Theresa May Portrait The Prime Minister
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My right hon. Friend anticipates what I was going to say. We will be focusing on delivering specific changes that will address the concerns of the House, and I am looking at a range of ways to achieve that. As my right hon. Friend has just said, she and my hon. Friends the Members for Wycombe (Mr Baker), for North West Hampshire (Kit Malthouse), for North East Somerset (Mr Rees-Mogg) and others have worked to bring forward a serious proposal that we are engaging with sincerely and positively.

None Portrait Several hon. Members rose—
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Theresa May Portrait The Prime Minister
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I will take more interventions in a moment. I can give my right hon. Friend confirmation that we will sit down and work through the proposal in the way she has suggested.

Gloria De Piero Portrait Gloria De Piero (Ashfield) (Lab)
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Some 17.4 million people voted for Brexit. The idea that they were duped into doing so is absolute nonsense, so Brexit must be delivered. But it must be a Brexit that protects jobs in my constituency and beyond. Unions and bosses tell me that that requires a permanent customs union or arrangement. Why will the Prime Minister not listen to them?

Theresa May Portrait The Prime Minister
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The hon. Lady is absolutely right about ensuring that we deliver on the vote of those 17.4 million people, and I want to deliver on that with a deal that does protect jobs. What we need to ensure is that, as we look to the future relationship, in the free trade area and in the customs arrangements, we remember the necessity of protecting those jobs. What I have also heard very clearly from hon. Members on both sides of the House and, of course, from the trade union leaders I have spoken to is the issue of ensuring that we protect workers’ rights. As I have just indicated, we are committed to doing so.

None Portrait Several hon. Members rose—
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Theresa May Portrait The Prime Minister
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I say to all Members of this House that I have already been very generous in taking interventions. I am sure that many Members wish to contribute to the debate, so I will make progress.

Theresa May Portrait The Prime Minister
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As I have referenced my hon. Friend in my speech, I will give way to him.

Jacob Rees-Mogg Portrait Mr Rees-Mogg
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I am grateful to my right hon. Friend and thank her for her very clear assurances that the withdrawal agreement text will be reopened and that she will consider what has been called the Malthouse compromise. May I ask for one more promise, namely that any further detailed agreement will come back and will not be deemed to have been ratified by the amendment tabled by my hon. Friend the Member for Altrincham and Sale West (Sir Graham Brady)?

Theresa May Portrait The Prime Minister
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I give my hon. Friend that assurance: it has to and will come back to this House. Legally speaking, ratification of the agreement can take place only in the act of passing the WAB—the withdrawal agreement Bill. That will be the ratification moment for any arrangements.

Melanie Onn Portrait Melanie Onn (Great Grimsby) (Lab)
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The Prime Minister has referred repeatedly to protecting workers’ rights post Brexit, but may I take her back to 2017 and my Bill, which was specifically about protecting workers’ rights when we leave the European Union on 29 March? Why was that measure not adopted at the time, and if she is so committed to it, will she meet me to discuss those elements of the Bill that she is prepared to adopt?

Theresa May Portrait The Prime Minister
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We are looking at ways in which we can give that assurance in relation to workers’ rights. As I said, we are looking at when legislation would be appropriate and where it would be necessary. I am happy to meet the hon. Lady to go through that issue.

I want to complete what I was saying to my right hon. Friend the Member for Loughborough (Nicky Morgan). We will indeed engage seriously and positively with the proposals that she has put forward, which were also referenced by my hon. Friend the Member for North East Somerset. The crucial concept that we see within this amendment is the concept of alternative arrangements. As I have already said in this speech, that has already been accepted by the EU as a way out of the backstop. I commend my right hon. and hon. Friends for their willingness to find a solution and I look forward to working with them over the coming days. A number of other colleagues have also suggested ways to achieve that aim, such as securing a time limit to the backstop, or a unilateral exit clause, which we will of course study closely as well. While there are obviously details that need to be worked through, the fact that leading figures from different sides of the argument are coming together to develop proposals shows how much progress has been made over the past few weeks.

Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
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Does the Prime Minister recognise that there is no solution in chasing fantasies? The EU has ruled this kind of option out many times. We cannot have an insurance policy based on a technology that does not exist. Will she not recognise that what she is chasing here are heated-up fantasies that have already been rejected by the EU and depend on technologies that do not exist?

Theresa May Portrait The Prime Minister
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Members across the House have put forward a number of proposals on how this issue can be addressed. They are not indulging in fantasies—they are coming forward with serious proposals, on which this Government will work with them.

William Cash Portrait Sir William Cash (Stone) (Con)
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On the question of our control over our laws, to honour the referendum, will my right hon. Friend give instructions to make certain that in any future withdrawal and implementation Bill, there will be an express repeal of the European Communities Act 1972, so as to dovetail with section 1 of the European Union (Withdrawal) Act 2018, which we have passed?

Theresa May Portrait The Prime Minister
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As my hon. Friend knows, in the European Union (Withdrawal) Act, we repealed the 1972 Act. It would be necessary to replicate the impact of some aspects of that Act for the purposes of the implementation period, but I certainly take what my hon. Friend has said. Within the withdrawal agreement Bill that we will need to bring before the House, we will make absolutely clear the arrangements for ensuring that the European Communities Act, and its impacts, do not go beyond the end of the implementation period.

None Portrait Several hon. Members rose—
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Theresa May Portrait The Prime Minister
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I will take more interventions in a little while, but I want to make the point that the essence of any negotiation is to find a mutually acceptable solution. That is the spirit in which both sides have consistently approached these negotiations and that is the spirit in which I will engage with our partners, if this amendment passes.

Some say that there is no point even trying to achieve any change—I am hearing that from some interventions from sedentary positions, and from elsewhere—and that the EU simply will not budge under any circumstances, but in the two years since this House voted to trigger article 50, the EU has made concessions in many areas of the negotiations where people said no ground would ever be given. Today, neither side in this negotiation wants to see the UK leave without a deal. The simple fact is that the deal I reached with the EU has been rejected by this House. In response, the EU has asked us what we want and what this Parliament will accept, and this is Parliament’s opportunity to tell them.

Sammy Wilson Portrait Sammy Wilson (East Antrim) (DUP)
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Does the Prime Minister agree that, rather than chasing a fantasy, there is now an opportunity, which Michel Barnier himself presented when he told the Irish Government that the EU would look for ways of ensuring that checks could take place without any infrastructure along the border? He even talked about paperless and decentralised arrangements. That is what the EU is saying, so it is obviously not a fantasy, but something we have in common.

Theresa May Portrait The Prime Minister
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Those are exactly the issues that we want to work on, and several proposals have been put forward. However, what matters today is that Parliament makes it clear to the EU that the backstop is the issue that needs to be dealt with. This is Parliament’s opportunity to respond to the EU, which has said that it wants us to tell it what we want. This is our opportunity to do that. This is not the second meaningful vote. As I have said and repeated, we will bring a revised deal back to the House for just such a vote as soon as possible.

A vote for amendment (n) is a vote to tell Brussels that the current nature of the backstop is the key reason the House cannot support this deal, as many hon. Members have said to me, the media and their constituents over the past few weeks. A vote against that amendment does the opposite. It tells the EU that, despite what people may have said in speeches, tweets and newspaper columns, the backstop is not the problem. It risks sending a message that we are not serious about delivering a Brexit that works for Britain.

Toby Perkins Portrait Toby Perkins (Chesterfield) (Lab)
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The right hon. Lady is not the first Prime Minister to discover that the Conservative party is un-uniteable and unleadable on Europe. Many others have learnt that lesson. However, as she celebrates having people on different sides of the argument coming together to support an amendment, does she not realise that she has been able to get them to agree to it only because it is so nebulous as to be meaningless?

Theresa May Portrait The Prime Minister
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If the hon. Gentleman wants to look for different views about the issue, perhaps he can talk to some of his colleagues. He might try to get the Leader of the Opposition to focus on a detailed proposal for what the Labour party thinks.

Peter Bone Portrait Mr Peter Bone (Wellingborough) (Con)
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I think that Conservative Members are all trying to find a way of getting a deal, and I have been impressed with what the Prime Minister has said today. We will send her back to Brussels to reopen the withdrawal agreement, but will she assure the House that, if we do not agree with what she comes back with, we will still have the right to vote against it?

Theresa May Portrait The Prime Minister
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Yes, of course the House will have the right to decide whether it agrees with the agreement that emerges. However, I hope that, when we bring a revised agreement to the House—as I am sure that we will be able to—my hon. Friend will look at it carefully before he determines how to vote.

None Portrait Several hon. Members rose—
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Theresa May Portrait The Prime Minister
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I am conscious of the length of time I have been at the Dispatch Box. Hon. Members want to speak and I will now conclude.

Since the draft withdrawal agreement was published, I have come to the House to discuss it more than half a dozen times. I have been on the Front Bench for many hours of debate, taking hundreds of questions and interventions from hon. Members, and I have been listening.

Theresa May Portrait The Prime Minister
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I indicated that I would not take any more interventions and that I was completing my speech. I am sure that my hon. Friend will have an opportunity, if she catches the Speaker’s eye, to speak later.

I have witnessed division and discord, and I have seen passion and anger on all sides, but in the two weeks since the House rejected the withdrawal agreement, I have sensed a growing recognition of the task that has been entrusted to us. Members on all sides have begun to focus on what really matters: delivering the Brexit that Britain voted for while protecting our economy and our people.

We can increasingly see where this consensus lies, and I believe that we are within reach of a deal that this House can stand behind, but the days ahead are crucial. When I go back to Brussels to seek the changes this House demands, I need the strongest possible support behind me. Most of the amendments before us do not provide that. They create a cacophony of voices when this House needs to speak as one. I will never stop battling for Britain, but the odds of success become far longer if this House ties one hand behind my back. I call on the House to give me the mandate I need to deliver a deal this House can support. Do that, and I can work to reopen the withdrawal agreement. Do that, and I can fight for a backstop that honours our commitments to the people of Northern Ireland in a way this House can support. Do that, and we can leave the EU with a deal that honours the result of the referendum.

The time has come for words to be matched by deeds: if you want to tell Brussels what this House will accept, you have to vote for it; if you want to leave with a deal, you have to vote for it; if you want Brexit, you have to vote for Brexit.

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Jeremy Corbyn Portrait Jeremy Corbyn
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I thank my hon. Friend for his intervention and, of course, he is right. If we are to protect jobs and industries and maintain living standards, there has to be a customs union.

Theresa May Portrait The Prime Minister
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I am grateful to the right hon. Gentleman for giving way. He has just reiterated, as his amendment references, the need for a customs union. Will he now tell the House whether he means accepting the common commercial policy, accepting the common external tariffs, accepting the Union customs code—it is no use asking the shadow Secretary of State for Exiting the European Union—and accepting the EU’s state aid rules?

Jeremy Corbyn Portrait Jeremy Corbyn
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Obviously a customs union would be negotiated, would be inclusive and would be designed to ensure that our jobs and investment are protected, that there is frictionless and seamless trade with the European Union and that we have a say in future trade arrangements—something the Prime Minister has absolutely failed to achieve. The fault for not achieving it lies absolutely with the Prime Minister. She claimed she would have a deal agreed by October, then she delayed the vote by a month, and she still suffered the worst—

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That this House, in accordance with the provisions of section 13(6)(a) and 13(11)(b)(i) and 13(13)(b) of the European Union (Withdrawal) Act 2018, has considered the Written Statement titled “Statement under Section 13(4) of the European Union (Withdrawal) Act 2018” and made on 21 January 2019, and the Written Statement titled “Statement under Section 13(11)(a) of the European Union (Withdrawal) Act 2018” and made on 24 January 2019; and rejects the United Kingdom leaving the European Union without a Withdrawal Agreement and a Framework for the Future Relationship; and requires the Northern Ireland backstop to be replaced with alternative arrangements to avoid a hard border; supports leaving the European Union with a deal and would therefore support the Withdrawal Agreement subject to this change.
Theresa May Portrait The Prime Minister
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On a point of order, Mr Speaker. A fortnight ago, this House clearly rejected the proposed withdrawal agreement and political declaration, with just 202 Members voting in favour. Tonight, a majority of hon. Members have said that they would support a deal with changes to the backstop combined with measures to address concerns over Parliament’s role in the negotiation of the future relationship and commitments on workers’ rights in law where need be. It is now clear that there is a route that can secure a substantial and sustainable majority in this House for leaving the EU with a deal. We will now take this mandate forward and seek to obtain legally binding changes to the withdrawal agreement that deal with concerns on the backstop while guaranteeing no return to a hard border between Northern Ireland and Ireland. My colleagues and I will talk to the EU about how we address the House’s views.

As I said this afternoon, there is limited appetite for such a change in the EU and negotiating it will not be easy, but by contrast to a fortnight ago, this House has made it clear what it needs to approve a withdrawal agreement. Many hon. Members have said that the continuing protection of workers’ rights after Brexit is something that needs to be strengthened. My right hon. Friend the Business Secretary will intensify our work with hon. Members from across the House and the trade unions this week. My right hon. Friend the Secretary of State for Exiting the European Union will do the same on how we engage this House further in our approach to negotiating our future partnership with the EU.

As well as making clear what changes it needs to approve the withdrawal agreement, the House has also reconfirmed its view that it does not want to leave the EU without a withdrawal agreement and future framework. I agree that we should not leave without a deal. However, simply opposing no deal is not enough to stop it. The Government will now redouble their efforts to get a deal that this House can support. To that end, I want to invite my right hon. Friend the Member for Meriden (Dame Caroline Spelman), the hon. Member for Birmingham, Erdington (Jack Dromey) and all those who tabled amendments in opposition to no deal to discuss how we can deliver that by securing a deal.

In the light of the defeat of the amendment of the Leader of the Opposition, I again invite him to take up my offer of a meeting to see whether we can find a way forward. If this House can come together, we can deliver the decision that the British people took in June 2016, restore faith in our democracy and get on with building a country that works for everyone. As Prime Minister, I will work with Members across the House to do just that.