European Union (Withdrawal) Act 2018: Statutory Obligations on Ministers

Hilary Benn Excerpts

Tuesday 11th December 2018 Commons Chamber

[Mr Walker]

My right hon. Friend is typically meticulous in his questioning. My understanding is that the intention of the House in passing that motion is that it should be amendable in all three cases set out in section 13.

[Hilary Benn (Leeds Central) (Lab)]

I am afraid the Minister, for whom I have great respect, has not wholly succeeded in his aim of providing reassurance to the House, because what we learned yesterday is that today’s assurances can disappear tomorrow like a puff of wind. Can he clarify the following? If the withdrawal agreement comes back—the Government say that it will—before 21 January and is defeated, legally speaking, for the purposes of section 13 of the 2018 Act, is there still “agreement in principle” with the European Union? This is a very important point in view of the previous question that was asked, because even if it is defeated, for the purposes of the Act the only thing that is referred to as “agreement in principle” has been reached. The Prime Minister and the Government said, I believe on 28 November, that agreement in principle had been reached. So can he clarify that that remains the case, even if the withdrawal agreement is defeated?

[Mr Walker]

I have great respect for the right hon. Gentleman and the work that he does with the Select Committee, but I must say that in this case I do not share his interpretation. Section 13 is very clear: in scenarios in which either a deal had not been reached or a deal had been voted down, a statement would be required. That is my understanding of the commitment that we have made. We would need to come to the House and have that vote, even in circumstances in which a deal had been brought before the House and turned down.