EU Withdrawal Agreement: Legal Changes

Luciana Berger Excerpts
Monday 7th January 2019

(5 years, 3 months ago)

Commons Chamber
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Steve Barclay Portrait Stephen Barclay
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The scope to exit from the backstop—which is really at the heart of my right hon. Friend’s question—was explored in the House at length on, I think, 3 or 4 December, when the Attorney General spoke about that specific issue in great detail. The crux of what he said was that it involved a balance of risk, and that, ultimately, these were political decisions in relation to the ability of a sovereign state to be bound in the future. I know that my right hon. Friend is an assiduous follower of the Attorney General and his legal advice, and I commend that earlier debate to him.

Luciana Berger Portrait Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)
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There will have been a 35-day abyss between the date on which we expected to have the meaningful vote and next week, when we have been told that we will have it. There is no prospect of a different outcome from the one that we were told about before Christmas. I think it is unforgivable for our businesses, our public services and the country that we are having to contend with such uncertainty. The Secretary of State wanted to hear from the House what we wanted to rule out. I can tell him that I am in favour of ruling out uncertainty and a no-deal Brexit. Why is he not in favour of ruling out that uncertainty?

Steve Barclay Portrait Stephen Barclay
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The best way to avoid the uncertainty is to vote for this deal, but I do not accept the premise of the hon. Lady’s question. She said that there had been no progress, but the European Council’s conclusions in December showed progress in terms of its commitment—its

“firm determination to work speedily on a subsequent agreement”.

It stated that it

“stands ready to embark on preparations immediately”,

and so forth. Moreover, as I said in my opening remarks, the Prime Minister has been having ongoing discussions with European leaders.

The reality that Members in all parts of the House must confront is that unless the House is for an option, no deal then becomes the alternative. It is not a unilateral decision of the UK Government to extend, and the Court, in announcing its position on revocation, made clear that that would require a breach of the manifesto commitment on which the hon. Lady stood, and on which the vast majority of Members stood.