European Union (Withdrawal) Acts

Oliver Letwin Excerpts
Saturday 19th October 2019

(4 years, 6 months ago)

Commons Chamber
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Oliver Letwin Portrait Sir Oliver Letwin (West Dorset) (Ind)
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I beg to move amendment (a), in motion 1, leave out from “with a deal,” to end and add

“this House has considered the matter but withholds approval unless and until implementing legislation is passed.”

Amendment (a) has been tabled in my name and those of many other right hon. and hon. Members, and I do not need to detain the House for long. The purpose of the amendment, as has been said in several interventions and speeches, is to keep in place the insurance policy provided by the Benn Act that prevents us from automatically crashing out if no deal is in place by 31 October.

When the Prime Minister brings his implementing legislation to this House next week, I will vote for it, but we all know that the votes on that legislation, throughout its passage, will be tight. The Prime Minister has a strategy—I fully accept that, and I accept that it is rational in its own terms—and it is that he wants to be able to say to any waverers, “It is my deal or no deal. Vote for the implementing legislation, or we crash out.” I understand that strategy, but we cannot be sure that such a threat would work.

Desmond Swayne Portrait Sir Desmond Swayne (New Forest West) (Con)
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Will my right hon. Friend give way?

Oliver Letwin Portrait Sir Oliver Letwin
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I will not, if my right hon. Friend will forgive me, because I am going to be so brief that I will not take interventions.

Despite my support for the Prime Minister’s deal, I do not believe that it is responsible to put the nation at risk by making that threat. I am moving this amendment to ensure that whichever way any future votes may go—today, next week or the week after—we can be secure in the knowledge that the UK will have requested an extension tonight which, if granted, can be used if and to the extent necessary, and only to the extent necessary, to prevent a no-deal exit.

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John Bercow Portrait Mr Speaker
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I am grateful to the hon. Lady. It is not my intention to suspend the sitting. The point will have been heard by the Prime Minister. I say to the hon. Lady that all sorts of things are possible, but as to what is judged appropriate at this time, I think the puckish grin on the contours of the hon. Lady’s face suggests that she was making a point, but not expecting such a decision. I am grateful to her.

John Bercow Portrait Mr Speaker
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Of course I will come to the hon. Member for Stone (Sir William Cash) momentarily. I call Sir Oliver Letwin.

Oliver Letwin Portrait Sir Oliver Letwin
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Further to that point of order, Mr Speaker. First, let me say to the Prime Minister that I agreed with what he said at the end of his remarks, and I am absolutely certain that he will comply with the law. I say to friends and colleagues across the House who helped us to achieve this amendment, which I believe to be profoundly in the national interest, that I am grateful for that co-operation, but that our ways are now going to part. Many Conservative Members who co-operated in preventing a no-deal exit by helping to put in place the Benn Act and keeping it in place as an insurance policy today, will, when the Prime Minister brings forward a Bill to implement our withdrawal from the European Union to the House of Commons, now be voting for it. We will continue to vote for it and seek to ensure that it becomes law before 31 October. If it does become law, this country will leave on 31 October—a hope that I share with the Prime Minister—but it will do so on the basis of knowing that should anything go wrong, we will not crash out without a deal on that date.

John Bercow Portrait Mr Speaker
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I am most grateful to the right hon. Gentleman, as many Members of the House will be, for the clarity of his exposition. [Interruption.] People can take their own view of it, but it was certainly clear and very pithy, and I am grateful to him.

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John Bercow Portrait Mr Speaker
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I am grateful. However, I am happy to hear other views about that, although that would be my instinct—by midday would be helpful. Yes, there would be an opportunity for manuscript amendments.

Oliver Letwin Portrait Sir Oliver Letwin
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Further to that point of order, Mr Speaker. There are two points that I want to put on record that may be worth considering when you are making your decision about whether this is an orderly proposal.

First, contrary to what one might assume, it is not the case—even if the Prime Minister has written his letter tonight, as I believe he now will and must—that this motion, which the Government have now put down, is in a substantially different context or would have a substantially different effect from the one which they tried today, but which the House rejected. The reason for that is that, in the Benn Act, we provided very specifically that if there is a validation by the House through an approval of the withdrawal agreement subsequent to the depositing of the letter with the EU, that letter can then automatically and immediately be withdrawn. So, what the Government are attempting in this motion to do is nothing more and nothing less than to repeat what would have been the effect of today, on Monday.

Secondly, I think it is important that the decision of the House today when it passed the amendment and subsequently passed the motion as amended was specifically that the House was withholding approval “unless and until” the legislative stages of implementation had occurred. This very clearly flies in the face of that, because it seeks the approval of the House without the legislative stages having been approved.

I understand entirely why the Government are trying to do this, because of course it would negate the whole effect of the amendment today, rather than moving us on to the Second Reading of the withdrawal implementation Bill, as I had hoped and expected, but I wanted to point those things out to you, Mr Speaker, because I think they are material when deciding whether it is orderly.

John Bercow Portrait Mr Speaker
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That is an extremely helpful series of points from the right hon. Gentleman. In responding, I merely repeat what others will have heard—namely, that the Prime Minister himself talked about introducing the legislation. I cannot recall off the top of my head whether he referred to when that would happen. I do not know whether he said that it would be next week, but he certainly did indicate that that was the intention, so one would deduce from that that that was indeed what the Government were proposing to do, rather than to introduce a motion under an earlier Act.

That, too, is, in a sense, grist to the mill of the concern expressed by the hon. Member for Gedling (Vernon Coaker) and by others. It is most helpful of the right hon. Member for West Dorset (Sir Oliver Letwin) to offer me his expert view in this public forum, the better to assist me in deliberating on this matter in the next couple of days—in fact, less than a couple of days.