European Union (Withdrawal) Bill

Angus Brendan MacNeil Excerpts

Tuesday 12th June 2018 Commons Chamber

[Mr Davis]

I want to make a little progress, and then I will give way again.

Furthermore, the Lords amendment sets deadlines that would simply allow the other side to use time against us, as it has already tried to do. What we have proposed in lieu is an amendment that builds on commitments that I first set out to the House in a statement on 13 December last year. The amendment provides that the withdrawal agreement cannot be ratified unless both the agreement and the future framework have been approved by a motion of this House. It also prevents the agreement from being ratified unless an Act of Parliament has been passed to implement it. This is all before the Constitutional Reform and Governance Act 2010 as well. Therefore, this is in addition to the Government’s commitment to introduce the withdrawal agreement and implementation Bill if Parliament votes in favour of a final deal.

[Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

I am very grateful to the right hon. Gentleman for giving way. It is not clear what the choices are on a meaningful vote. Is a meaningful vote going to be between the deal that might be struck with the European Union on the current status quo, or a deal struck with the European Union and the World Trade Organisation? We need to know that.

[Mr Davis]

People keep using the phrase “meaningful vote”. What it conceals in some cases, and I suspect that that is the case for the hon. Gentleman, is that they want to reverse the result of the referendum, and nothing we do will be organised to allow reversal of the result of the referendum.

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[Matthew Pennycook]

Thank you, Mr Speaker.

As I was saying, the choice that faces us under the Government’s amendment is between the draft withdrawal agreement, even if it is found wanting, and the hardest of departures—the most disorderly exit. Let us remind ourselves of what that would mean: legal chaos, significant damage to our economy, the erection of a hard border in Northern Ireland and serious harm to Britain’s standing in the world. That is why in Committee we tabled new clause 66, which would have guaranteed both Houses a vote on the motion on the terms of withdrawal—and, just as critically, a vote in the event that no such agreement is reached.

[Angus Brendan MacNeil]

Will the hon. Gentleman give way?

[Matthew Pennycook]

I am going to make a bit of progress.

However, we also recognised in Committee stage that there were other requirements needed to ensure that Parliament has a meaningful vote, one of which is the need for a vote on a statute. That is why we supported amendment 7 in the name of the right hon. and learned Member for Beaconsfield (Mr Grieve) and other hon. Members—an amendment that ultimately passed in this House by 309 votes to 305. That amendment took a slightly different approach in that it was quite deliberately aimed at restricting the use of, and limiting the potential abuse of, the extensive and wide clause 9 power in the Bill as it then stood.

[Matthew Pennycook]

The hon. Gentleman makes the same point as many others have done, and I have dealt with it in saying that their lordships’ amendment is not about overturning the referendum result. [Interruption.] No, it is not—not at all. It is about giving Parliament a say in shaping the direction under one scenario that could well occur.

[Angus Brendan MacNeil]

Would it not be one of the most supreme ironies of this entire Brexit debacle if, at the end of it, the European Parliament has a meaningful vote and 27 member states have a meaningful vote, but the state that is leaving—and leaving in a state—does not have a meaningful vote?

[Matthew Pennycook]

The hon. Gentleman makes a good point. The Commission cannot approve the deal on the European Union side until the European Parliament has given its consent, and if it does not give its consent, the Commission cannot move on and ratify.

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[Peter Grant]

Certainly not, as currently constituted. If there were a common fisheries policy that actually protected Scotland’s fishing industry, instead of it being used by successive UK Governments as an excuse to sell it out, that might be a different matter.

There has of course been a public vote on the possibility of one of the consequences of a hard Brexit: a hard border across the island of Ireland.

[Angus Brendan MacNeil]

Is my hon. Friend aware that the front page of today’s Financial Times refers to a shortage of doctors? The Tories in Scotland have the cheek to blame the Scottish National party for the lack of doctors, when they are the ones not giving them the visas to get in to the country. The Tories sold out fishing once and then twice. They told us that they would not accept fisheries in the transition agreement and now they are talking as if they are saving the fisheries—the people who have sold out fishermen twice!

[Peter Grant]

Few of us can speak on the fishing industry with such knowledge and authority as my hon. Friend.

The nearest we have had to a public vote anywhere on any of the consequences of a hard Brexit was the public vote against the possibility of a hard border across the island of Ireland. The people of Northern Ireland and the people of the Republic of Ireland overwhelmingly rejected such a notion when they endorsed the Good Friday agreement and, of course, the people of Northern Ireland, the only people in the United Kingdom who would be affected by a hard border, voted to remain in the EU. How can anyone argue that the best way to give effect to those votes is for decisions to be taken by Ministers who represent a party with no MPs in Northern Ireland? The people of Northern Ireland have no way of re-electing or not re-electing those Ministers, based on whether their decisions are in the interests of those people.

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[Hilary Benn (Leeds Central) (Lab)]

It is with some hesitation that I involve myself in the negotiation that the Government are clearly attempting to conduct with their own Back Benchers. I simply want to observe that this is the single most important amendment that we will be discussing today and tomorrow in relation to the role that Parliament should and indeed must play in determining what kind of Brexit happens.

I simply do not accept the argument that the Secretary of State and other Conservative Members have advanced in trying to suggest that this proposal is somehow illegitimate or improper, or is intended to overturn the result of the referendum. Is it improper for this House to decide that in leaving the EU, we wish to remain within a customs union with it? Is it improper for this House to decide that we wish to remain in a single market, or to continue to have the European arrest warrant system, or that we want to co-operate in future with our friends and neighbours on foreign policy, defence and security? If the answer to all those questions is no, it is not improper; this Lords amendment is about giving Parliament the ability to ensure it can exercise that judgment when the time comes. It seeks to make it clear who will be in control when we come to the end of the process: the Government can go away and negotiate, but they will have to win the consent of the House when they return.

The Government’s attempts to neuter the Lords amendment will not work for a number of reasons that have been set out already. I say to the Solicitor General that, frankly, we do not have more time, which is why this is the moment when we have to make the choice. Secondly, as has been clearly pointed out, it makes no provision for what happens in the event of there being no deal. The House is aware of what the consequence of no deal would be for the border in Northern Ireland, our trade, the rights of British citizens abroad and EU citizens here, future co-operation on security and many other matters.

[Angus Brendan MacNeil]

Given all that the right hon. Gentleman has been outlining, is it not fascinating that when Brexiteer MPs ask themselves about a vote on Brexit, they fear they will lose it and therefore that Brexit will be reversed? That displays no confidence in their argument at all.

[Hilary Benn]

I say to the hon. Gentleman that the British people have made their decision about the fact that we are leaving the institutions of the European Union in March next year, but it is for this House to decide the way in which we leave and the future of our relationship with our friends and neighbours, who will remain our friends and neighbours after we have left.

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[Kevin Hollinrake]

As a remainer who voted to remain and campaigned heavily to remain, and who would do so again if we ever had another referendum—not that I am advocating that—I think it is fair that Members on both sides of the House raise their concerns about the economy and the effect on jobs and trade. As you know, Mr Speaker, I am still involved in business to this day, so this has a potential personal impact on me. It is quite reasonable that colleagues will want to see the substance of this deal. That is the temptation, but it is not a position I advocate, for a number of reasons.

The Prime Minister has sought to mitigate the effects of leaving, even in difficult circumstances. We have to keep this in perspective and take into account the fact that our exports to the European Union account for around 12% of our trade and of our economy. We also have to remember that the Prime Minister is quite rightly taking a staged approach to withdrawal, which involves staying in the customs union until we have customs processes in place, and maintaining regulatory alignment until we negotiate a reasonable new approach.

Subsection (5) of the new clause proposed in Lords amendment 19 raises the prospect of the Government following “any direction” that Parliament gives. Similarly, new subsection (5C) proposed in amendment (ii) to Government amendment (a) in lieu of Lords amendment 19, tabled by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), raises the prospect that Parliament will simply send the Government back to the negotiating table. What will happen if we go back to the negotiating table and the European Union says no? There is no clarity at that point. It opens up and allows the possibility of staying in the EU for an extended time, with no clarity about how long that will be; it may be weeks, months or years. We should remember that those on the other side of the negotiating table do not want the United Kingdom to leave the European Union, and that raises the prospect of their being even more difficult in those negotiations, which are very difficult in the first place.

[Angus Brendan MacNeil]

I have heard a number of times that the meaningful vote might or would enable the European Union to give us a bad deal. I argue that it is the contrary. A UK Government with any wit about them would say to their negotiating opponents, “We’ll never get this through Parliament unless it is improved.” It actually strengthens their hand in the negotiations, rather than weakens it, if they have any wit about them.

[Kevin Hollinrake]

I find that assessment of the circumstances very hard to follow. We are not negotiating on our own; we are negotiating with another party, and clearly it is in their interest to put a bad deal on the table in that situation. That would delay the exit process, which is effectively what these amendments seek to do. I am not saying that my right hon. and learned Friend the Member for Beaconsfield is looking to frustrate the process of Brexit, but it would delay the process of Brexit and raise the possibility of that process never happening at all. We are handing over the negotiating advantage to the EU.

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[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

rose—

[Angus Brendan MacNeil]

rose—

[Mr Speaker]

Order. I think that it is better if we—[Interruption.] Order. I am saving the right hon. Member for Ross, Skye and Lochaber (Ian Blackford) up; it would be a pity to squander him too early in our proceedings—[Interruption.] Order. The hon. and learned Member for Edinburgh South West (Joanna Cherry) should calm herself. I will hear fully from the right hon. Gentleman when he is ready. All I am suggesting to colleagues—it is hardly a controversial proposition—is that it might be tidy if we first dispose of the remaining amendments in the group. I will hear the right hon. Gentleman either before or after the second group of amendments, the choice being his. The idea that that should evoke headshaking and disapproval is frankly beyond credulity. The leader of the Scottish National party, whose point of order it is, seems perfectly content with that proposed arrangement, and I am grateful to him for his nod from a sedentary position in confirmation of that important fact.

[Angus Brendan MacNeil]

rose—