European Union (Withdrawal) (No. 2) Act 2019 (Rule of Law) Debate

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Department: Foreign, Commonwealth & Development Office

European Union (Withdrawal) (No. 2) Act 2019 (Rule of Law)

Jeremy Corbyn Excerpts
Monday 9th September 2019

(4 years, 7 months ago)

Commons Chamber
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Jeremy Corbyn Portrait Jeremy Corbyn (Islington North) (Lab)
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I beg to move,

That this House has considered the welcome completion of all parliamentary stages of the European Union (Withdrawal) (No. 6) Bill and has considered the matter of the importance of the rule of law and Ministers’ obligation to comply with the law.

I welcome the decision that the House has just reached, and I look forward to the Government abiding by and accepting that decision, and the necessary documents being released.

I begin by welcoming the cross-party efforts of many Members of the House in getting the European Union (Withdrawal) (No. 2) Act passed into law, particularly those of my right hon. Friend the Member for Leeds Central (Hilary Benn) and the right hon. Member for West Dorset (Sir Oliver Letwin). Parliament has passed a law to ensure that the will of Parliament is upheld. The fact that Parliament is compelled to pass a law to ensure that its will is upheld shows what extraordinary times we live in. The House has rejected no deal. Businesses and trade unions are united in rejecting no deal, and there is no majority for it across the country. The Chancellor of the Duchy of Lancaster, the co-convenor of the Vote Leave campaign, said in March this year:

“We didn’t vote to leave without a deal”.

It is clear—there is no mandate for no deal.

In trying to diminish the Act, the Government’s spin doctors have branded it the surrender Bill, and Ministers have dutifully trotted out that phrase in the media. The Minister who is going to reply has already replied, like Pavlov’s dogs always do.

I remind the House again: we are not at war. The Prime Minister seems obsessed with hyperbole and aggressive language: “surrender Bill”; “do or die”; “rather be dead in a ditch”; and the list goes on. We are supposed to be having negotiations with our European partners. The lives at stake as a result of all this are not those of the Prime Minister or his Cabinet.

Jeremy Corbyn Portrait Jeremy Corbyn
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Indeed. I do not keep the Prime Minister’s diary. He may keep his own, but he is certainly not here to reply to this debate. I believe he ought to be, as the motion is specifically directed at him. [Interruption.] Again, I cannot help with that question, but others may be able to do so. We learned from leaked Government papers that our constituents whose medical supplies are at risk from a reckless no deal are very worried, so I urge the Government and Members in all parts of the House to tone down the rhetoric and inflammatory language, and try to heal, not widen, divisions in society. I give credit to those who have worked in a cross-party way, and I have been happy to have meetings with all Opposition party leaders.

A law has been passed by this House and by the other place, and the Government must abide by it. It is not complicated—it is very straightforward and simple.

Angela Eagle Portrait Ms Angela Eagle (Wallasey) (Lab)
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Last week, I asked the Prime Minister whether, if the Bill became law, he, as the Prime Minister of our country, would obey the law. He said that he would, and so would the Government. The next day he announced that he would rather be dead in a ditch than obey the law. Which does my right hon. Friend think it is?

Jeremy Corbyn Portrait Jeremy Corbyn
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I do not really wish anyone dead in a ditch, even if that is their own wish. The first answer that the Prime Minister gave ought to have been that he accepted the will of the democratically elected Parliament. This is a parliamentary democracy—we do not have an executive president who can rule over us. We have to make it very clear that we expect the Prime Minister to abide by the details and specifics of the law that has been passed, which makes specific requirements of him.

Ian Blackford Portrait Ian Blackford (Ross, Skye and Lochaber) (SNP)
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The Leader of the Opposition is making some very important points. The conduct not just of this debate but of the whole discourse is important. He referred to the Government’s characterisation of the Act as a surrender Bill. Do not the Government bear responsibility for the language that they use? When we hear the language on the streets—he, I and many others have been told that we are traitors, and have sometimes heard much more abusive language—the Government have a responsibility to recognise the impact of their language and actions outside Parliament.

Jeremy Corbyn Portrait Jeremy Corbyn
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The right hon. Gentleman is quite right. Language has consequences, as people trot out what has been said by the Prime Minister and others, and turn it into the most abusive language and the most abusive behaviour against others. Surely we can have an intelligent debate in our society without resorting to the kind of behaviour, language or violence that has been threatened against some individuals.

Peter Bone Portrait Mr Peter Bone (Wellingborough) (Con)
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The Leader of the Opposition is very generous in giving way. When talking about the rule of law, if we get to 31 October and one of the other European countries says that we cannot extend, would he support coming out with no deal, because that is the law?

Jeremy Corbyn Portrait Jeremy Corbyn
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That is an entirely hypothetical question. The question that the Prime Minister has to answer is: an Act of Parliament has been passed, and it requires him to take a specific course of action. He, in his many statements over the past few days, appears to contradict the wishes of Parliament that he carry out those actions. Let us not go down a hypothetical road—let us get an answer from the Government about whether or not they accept the decision of Parliament to pass that legislation into law. It is not difficult, and I am sure that when the Minister comes to reply he will give us an answer—I seriously hope so.

It is not only Conservative Members who are encouraging the Prime Minister to break the law in their numerous WhatsApp groups. Cabinet Ministers are refusing to confirm that the Government will abide by the law.

Lord Austin of Dudley Portrait Ian Austin (Dudley North) (Ind)
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Will the right hon. Gentleman give way?

Jeremy Corbyn Portrait Jeremy Corbyn
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One second. Even the Prime Minister himself implies that he will break the law.

Lord Austin of Dudley Portrait Ian Austin
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Will the right hon. Gentleman give way?

Jeremy Corbyn Portrait Jeremy Corbyn
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No, I will not give way at the moment.

No. 10 has briefed that the Prime Minister will defy the law. Until the Government have abided by that law, I do not believe there will be a majority in the House for what the Prime Minister is proposing later today under the Fixed-term Parliaments Act 2011.

Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
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I would like to go back to the point that was just made about what happens if we reach the end of the October and one or more EU countries do not give an extension. The clock is ticking towards the end of October, and surely we should focus on supporting getting a deal now, rather than kicking the can further down the road. If there is no extension, what does the Leader of the Opposition suggest is done?

Jeremy Corbyn Portrait Jeremy Corbyn
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We have always wanted to get a deal, but what we do not want is the no-deal exit with all the dangers to jobs, living standards and supplies, and the Prime Minister and his chums taking us down the road into the arms of Donald Trump and the trade arrangements he will make with the United States.

Last week, the Prime Minister had several opportunities at the Dispatch Box, but on each and every occasion he failed to give a single detail, in response to numerous questions, about what the Government are aiming to negotiate in terms of a new deal with the European Union.

Bob Seely Portrait Mr Bob Seely (Isle of Wight) (Con)
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Will the Leader of the Opposition give way?

Jeremy Corbyn Portrait Jeremy Corbyn
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For the last time.

Bob Seely Portrait Mr Seely
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I thank the right hon. Gentleman for giving way. On a point of clarification, he says how important the rule of law is, and I agree. How many paramilitary and terrorist organisations has he supported and how many murders have they committed?

Jeremy Corbyn Portrait Jeremy Corbyn
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I am glad the hon. Gentleman managed to read out his intervention that was given to him earlier.

This is a debate about a Government saying that they will not abide by a law passed by this Parliament. I would have thought it was very straightforward. The Prime Minister should simply say, “This House voted. Of course the Executive must accept the decision.”

This weekend the right hon. Member for Hastings and Rye (Amber Rudd) resigned.

Lord Austin of Dudley Portrait Ian Austin
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Will the right hon. Gentleman give way?

Jeremy Corbyn Portrait Jeremy Corbyn
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No, I will not give way any more.

The right hon. Member for Hastings and Rye resigned, saying that she had not seen any intensity of work going into negotiations with the EU. She stated:

“I no longer believe leaving with a deal is the Government’s main objective.”

That is a pretty big statement for a member of the Cabinet to make on resigning. Many of us had suspected that for a month or more, but perhaps a five-week delay is par for the course for the former Secretary of State for Work and Pensions. This week, the Chancellor could give no response to what was being negotiated, and not one shred of evidence that the Government have made any proposals whatsoever. Just this morning the Taoiseach, Leo Varadkar, said he has yet to receive

“realistic, legally-binding and workable”

plans to replace the backstop. The former Work and Pensions Secretary is therefore right to be concerned that only minimal effort, at best, is going into finding a negotiated deal.

It would be unusual for a Prime Minister to lose the confidence of the House so early in his tenure. It is extraordinary that he is already losing the confidence of his own Cabinet Ministers. If his own Cabinet members cannot have faith in his words, it explains why this House has found it necessary to legislate. For all the many criticisms I had of the right hon. Member for Maidenhead (Mrs May), as Prime Minister she welcomed scrutiny, and, as much as I often disagreed with the policy positions she set out, she saw herself as a public servant. If the Government have a position on Brexit, I hope they will publish it. This House and the people of this country deserve to be able to discuss it, and I am a strong believer that policies are improved by scrutiny.

Lord Austin of Dudley Portrait Ian Austin
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Will the right hon. Gentleman give way?

Jeremy Corbyn Portrait Jeremy Corbyn
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No, I will not give way. I have made that clear already.

In her resignation letter, the right hon. Member for Hastings and Rye said the Prime Minister had committed an

“assault on democracy and decency”.

I would go further: the Prime Minister is also threatening an assault on the rule of law. He was asked on Friday whether he would abide by the provisions of the European Union (Withdrawal) (No.6) Bill, as it then was, and said he would rather die in a ditch. I do not wish him any ill. I do, however, wish that he would come to the Dispatch Box, set out his detailed plan for Brexit and confirm that he will abide by the law. More than that, the people of this country deserve, and democracy demands, up-front answers from the Prime Minister. So far, no answers have been forthcoming.

I hope the Prime Minister will live up to the office he holds, accept the decisions made by this Parliament, and carry out the wishes of the Act to ensure an application is made to prevent this country crashing out on 31 October, with all the damage that will do to food supplies, medicine supplies, and industrial supplies, and prevent his longer-term ambitions of heading this country in a totally different direction which many, many people are truly frightened of. The Prime Minister could sort this out very quickly if he just had the courtesy to come to the House and confirm he will accept all the provisions of the Act the House has just passed.

John Bercow Portrait Mr Speaker
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I seek a right hon. or hon. Member on the Government Benches, but it is not immediately obvious that any wishes to contribute. [Laughter.] I do not see why that is a source of such hilarity; I am just making a rather prosaic, factual observation. [Interruption.] Order. Who was that chuntering from a sedentary position?

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Jeremy Corbyn Portrait Jeremy Corbyn
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It is extraordinary that the House is having to debate whether the Prime Minister will abide by a law that has just been passed by Parliament, and that the same Prime Minister, who managed to be here for the Division earlier, cannot be here to answer questions from Members, and no Law Officers are present either. All the Members who have spoken raised questions—

Lady Hermon Portrait Lady Hermon
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Will the right hon. Gentleman give way?

Jeremy Corbyn Portrait Jeremy Corbyn
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Yes, of course.

Lady Hermon Portrait Lady Hermon
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I am very grateful to the Leader of the Opposition, who is much more courteous than the Foreign Secretary in taking interventions in this very important debate. The Foreign Secretary described as flawed the legislation that is intended to stop the country leaving without a deal, which received Royal Assent today. May I recommend to him, and indeed to all Members of the House, Radio 4’s interview with Lord Sumption, a very distinguished former member of the Supreme Court? He said that there was not “the slightest obscurity” about the Act. I rest my case. It is not flawed.

Jeremy Corbyn Portrait Jeremy Corbyn
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I thank the hon. Lady for that intervention; she makes her point very well. If the Foreign Secretary wishes to reply, I will happily give way.

Dominic Raab Portrait Dominic Raab
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indicated dissent.

Jeremy Corbyn Portrait Jeremy Corbyn
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The Foreign Secretary shakes his head and does not wish to intervene.

The situation is simply this. The House has voted several times to say that a no-deal exit must be taken off the table, and it subsequently passed legislation to prevent no deal. The Government then apparently refused to accept the decision of the House, which is why this motion has been brought before us this evening. The Government’s response is to try to prorogue Parliament later this evening so that no Minister can be put under any scrutiny for more than a month, during what they themselves must accept is quite a significant point in our country’s history. The Government have now been forced to produce Operation Yellowhammer documents, as a result of a decision taken earlier by this House.

Surely the very least we deserve from the Prime Minister is a clear undertaking that a requirement that we ask for an extension until January to prevent us crashing out must be made at the appropriate time. Why can the Foreign Secretary not say that? Why can the Prime Minister not say that? All that we have left is the ability of this House to declare its view this evening, and I hope that is what we will do.

When the Government have made it clear that they will carry out the law and, if necessary, prevent a no-deal exit, we will then be very happy to debate all their policies in a general election, including ending austerity and the poverty and misery that the Government have brought to the people of this country. I look forward to that opportunity. The priority in this is that operations in hospitals will be damaged, the supply of medicines will be damaged, the supply of food will be damaged, and the supply to manufacturing will be damaged. If all this is a lot of scaremongering, why were the Government so unkeen to present Yellowhammer documents, which will show that truth to be the case? If they have nothing to hide, why are they hiding it? This House has forced them to put those documents out to the public, but, of course, the House will not be sitting. How convenient is that? I say to the Government: do not go ahead with the Prorogation of Parliament; do not go ahead with the threat of no deal. Instead, they should look after the interests of the people of this country which will not be served by our crashing out unless, of course, there is another agenda, which is to rush into the arms of Donald Trump and all the trade deals that they want to make with him.

There we have it. First of all, no Tory MPs want to speak. Now they have all turned out to have a bit of a shouting match. That is absolutely fine, I do not mind.

Peter Bone Portrait Mr Bone
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rose

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Jeremy Corbyn Portrait Jeremy Corbyn
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No, I will not give way.

I simply say that the House has an opportunity tonight to express its view that the Prime Minister should obey the decision that was taken by both Houses of Parliament and that was passed into law today. I hope that Members of this House will vote accordingly, and that his Government will learn the lesson that they cannot ride roughshod over our democracy.

Nicholas Brown Portrait Mr Nicholas Brown (Newcastle upon Tyne East) (Lab)
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claimed to move the closure (Standing Order No. 36).

Question put forthwith, That the Question be now put.

Question agreed to.

Main Question put accordingly.

Resolved,

That this House has considered the welcome completion of all parliamentary stages of the European Union (Withdrawal) (No. 6) Bill and has considered the matter of the importance of the rule of law and Ministers’ obligation to comply with the law.