Article 50 Extension Procedure

Justine Greening Excerpts

Monday 18th March 2019 Commons Chamber

[Justine Greening (Putney) (Con)]

(Urgent Question): To ask the Secretary of State for Exiting the European Union if he will make an urgent statement to the House setting out the Government’s plans in relation to the article 50 period extension procedure that the Government will follow, following on from their written ministerial statement to that effect on Friday 15 March.

[The Parliamentary Under-Secretary of State for Exiting the European Union (Kwasi Kwarteng)]

[Interruption.] Thank you very much. That is good advice—always gratefully received.

As set out in a written ministerial statement, and in accordance with the motion approved by this House on Thursday 14 March, the Government will now seek to agree an extension with the European Union. The extension process has been set out in a Government paper published last Thursday. While article 50 does not set out how either party should request an extension, the Government believe it would be appropriate for the Prime Minister to write to the President of the European Council.

It is highly likely and expected that the European Council will require a clear purpose for any extension, not least to determine its length. The European Council has to approve an extension by unanimity. With this in mind, we will look to request any extension in advance of the March European Council. It is the Government’s expectation that the European Council will decide whether to agree any UK request at this meeting.

As soon as possible following agreement at the EU level, we will bring forward the necessary domestic legislation to amend the definition of exit day. That legislation will take the form of a statutory instrument. If agreement is reached at the European Council, the statutory instrument will be laid before Parliament next week. The draft will be subject to the affirmative procedure, and will need to be approved by each House. I hope this reassures hon. and right hon. Members about the procedure that will be followed this week and next.

[Justine Greening]

There are still many questions that the Minister has to answer in relation to how we will use our time productively over the remaining two weeks. As we have heard today, it is now not clear whether the Government will be able to bring a third meaningful vote before the House; indeed, one reason why I tabled this urgent question was that it was not clear to me whether that vote, if it were held, would even be held this week, before the March EU Council.

It is imperative that the Government set out clear proposals for three scenarios that Britain now faces. The first is that the meaningful vote is held, and the deal passes. However, that does not look likely in the next few days. How will the Government approach that, with the EU Council taking place later this week?

The second scenario is that there is no meaningful vote, but Parliament has the chance to express its will, as the Minister says, on what the clear purpose of any extension should be. That will also take time to negotiate. What will the Government’s approach be to ensure that they do not go against the will of the House, which has consistently—twice—voted to avoid a no-deal exit from the European Union?

The third scenario is that we have no meaningful vote, and Parliament does not have the chance to discuss and agree a clear purpose for an extension. This place has been frustrated time and again by the Government, who have been wasting time and bringing back a deal that has still not passed, instead of allowing this place, through free votes, to reach a consensus on what we feel would be an appropriate way forward. That takes time, and we do not have much time. What approach will the Government take to allow us to ensure that we do not inadvertently crash out at the end of next week and go against the House’s clear no-deal vote? Will the Government propose a provisional extension that can be updated if the House needs more time than the following two weeks to determine a clear purpose for any extension? Will they accept votes in the House that define that clear purpose, and understand that those are binding when negotiating an extension mandate via the EU?

I question the appropriateness of the Secretary of State’s role in negotiating an extension. We had a free vote in the House last week, and I respect that. I also respect the way he chose to cast his vote; he was absolutely within his rights. However, he voted to leave come what may on 29 March. I take a different view from him, as does the House. It is simply not appropriate or credible for him to be the lead person negotiating on this country’s behalf with the European Union. I say that with some regret, but that is nevertheless the position we find ourselves in.

It is absolutely crucial and urgent that the Government chart this country a way through the next vital 11 days. The House has had a series of votes to express its will. The Government have consistently—I really regret this—tried to frustrate that will by ignoring it. In doing so, they have wound down the clock to leave very little time for Parliament to do its duty by our country, which is what it wants to do. We need clear answers, a clear process and contingency plans, and those need to be set out today, so that the House has a chance to debate whether they are adequate and, if they are not, the direction we want to give the Government to make sure we protect our country.

[Kwasi Kwarteng]

There were lots of questions from my right hon. Friend. She made some remarks about my right hon. Friend the Secretary of State’s votes last week. I voted exactly the same way as he did—I voted against an extension in the free vote.

One of the points about the votes on Thursday was that it was absolutely vital that the House voted against the Benn amendment, which, if it had been successful, would have bound the hands of not just this Government but future Governments. My right hon. Friend the Secretary of State did exactly the right thing by voting to reject the amendment—and, as I remember, it was rejected by three votes. That is exactly what I did, and that is exactly why he voted the way he did.

With regard to the last vote, it was a free vote. My right hon. Friend said, as I did, that we would not seek to extend article 50. However, as Members of the House know, the House did vote to extend article 50. As a consequence, I set out clearly in my statement the process that will be followed. As I said, we will, as soon as possible following agreement at EU level, bring forward the necessary domestic legislation to amend the definition of exit day. That legislation will take the form of an affirmative statutory instrument, which will be laid before the House after the agreement with the EU, next week.