74 Tom Brake debates involving the Department for Exiting the European Union

Wed 3rd Apr 2019
European Union (Withdrawal) (No. 5) Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons
Wed 3rd Apr 2019
Wed 20th Mar 2019
Wed 20th Mar 2019
Mon 18th Mar 2019
Mon 11th Mar 2019

European Union (Withdrawal) (No. 5) Bill

Tom Brake Excerpts
Lindsay Hoyle Portrait The Chairman
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They are amendment 13, amendment 20, amendment 21, Government amendment 22, amendment 1, clause 1 stand part, amendment 14, amendment 6, clause 2 stand part, new clause 4, new clause 5, new clause 7 and Government new clause 13. I hope that that helps the Committee. [Interruption.] Somebody just won the bingo call.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Sir Lindsay. For the benefit of the Committee, is the grouping available for Members?

Lindsay Hoyle Portrait The Chairman
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I thought it was available, and it should be available. If not, it is still being done. I think the problem we have got is that with the tight timescale, we are trying to play catch-up a little bit. That is why I am trying to help.

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Anne Main Portrait Mrs Main
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My hon. Friend is absolutely right. The Clerks were very helpful when I was trying to draft my amendment. I said, “Surely we can’t have this open-ended situation?” Very helpfully, the Clerks said to me that the Bill can say what it likes, but at the moment the Prime Minister, in the untrammelled way that my right hon. Friend the Member for West Dorset said, can do what she likes. That is the situation. We are in fact sending off a Prime Minister who will be reluctant to deliver this proposal.

The Bill is supposed to be incredibly flawed, but what I do not want it to be, as we discovered from the Gina Miller challenge, is a nightmare going through the courts. Our businesses deserve better than to have a piece of cobbled together legislation that is rammed through—I gather it will be rammed through the other place, too—just to make sure we avoid no deal. Have hon. Members not done any adding up recently? This House is the tail that is now wagging the dog. There is no pretence on the Government Benches that this is going to be an easy ride—not for this stage, the next stage or any other stages coming down the road. There might be fears from Opposition Members, but they seem to be able to exercise an awful lot more muscle on the political agreement than we can on the Government side of the House; they in effect have the whip hand over the Government. The true nature of the House is that it does not really desire to leave. The House will have masses of opportunities over the coming months to ensure that the political agreement is shaped in a fashion that they would like. That is the one thing about which the European Union has said, “We can open that, no trouble.” What the EU will not open is the withdrawal agreement, and a withdrawal agreement will be required to achieve many of the things that the House wants to achieve. That is why I reluctantly agreed to support the withdrawal agreement when it was separated from the political arrangements.

The Bill that we are considering is poor, and badly drafted. I accept the reasons why, and I accept that we are all scrabbling around to try to improve it, but I am disappointed that the Lords may not have much time to consider any amendments that are made tonight. I hope that the other end of the building does not function like a rubber-stamp machine and say, “It doesn’t matter; this Bill is going through regardless.”

The Bill will come back to haunt the House. If the procedure that we have followed today ends up creating a lawyers’ charter and a nightmare in the courts, it will do huge damage to our industries. Believe me, for every Gina Miller out there launching challenges to make sure that a public vote is listened to in a proper legal fashion, there will be lawyers picking over the Bill and saying that it does not stand up, so can we please ensure that sensible amendments are made tonight?

I would like to think that my amendment is sensible because, as the hon. Member for Streatham (Chuka Umunna) has pointed out, the only date that the European Union will accept is 22 May. I believe that if we put that date in the Bill, we would be picking a date that the European Union was comfortable with. The House would have the security of knowing that the Prime Minister could not unilaterally accept any other date that the EU came up with, but would have to bring it back for Members’ consideration. If the House chooses to adopt it, fine, and if the House says, “Go back and try harder”, fine, but there will be certainty. I hope that Members on both sides of the argument will support this amendment, because it would give them the certainty of knowing there will be no jiggery-pokery and no clever shifting of dates or times. My amendment would oblige the Prime Minister to come back to the House with any new date, and she would not be allowed to accept a date that did not reflect the will of the House. Surely, that is what the House wishes to achieve.

Tom Brake Portrait Tom Brake
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I thank the hon. Member for Camborne and Redruth (George Eustice), who is not in his place, for tabling amendment 20, because it gives me the opportunity to speak against it. In the amendment, he attempts to set 30 June as a date beyond which the Government cannot seek an extension. As the hon. Member for Ilford South (Mike Gapes) said in an intervention, it is clear that if the UK wants to secure an extension beyond that date, it will have to embark on a general election or a people’s vote, or go to the EU with a concrete, credible proposal that would enable the EU to give us a longer extension.

Frankly, I do not think the Government can do anything that will enable them to hit the date of 22 May, or even 30 June, so it would be regrettable to preclude that possibility. I imagine that every Member here has been contacted by their local authority returning officer to confirm that they have all been asked to start the process of preparing for European elections. Whether the Government like it or not, preparations are being made for that at this very moment.

The amendment would also preclude the Government from responding to business concerns. I mentioned earlier this evening the contact that I had today with businesses in the retail sector. They were adamant that leaving on 12 April would be catastrophic, leaving on 22 May would be catastrophic and even leaving on 30 June would not allow them to make the preparations that they need. They were talking about an extension until at least March 2020 to enable them to prepare properly. Arbitrarily setting a cut-off date of 30 June would be extremely unhelpful.

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Mike Gapes Portrait Mike Gapes
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Even if these amendments were passed, the issue surely is that the Government would have to take them to the European Council next week. If the proposal is for 30 June, we know that that will not be acceptable, because the EU made that absolutely clear. Therefore, instead of resolving this issue before the European Council, if we adopted that amendment, we would have to come back next week and vote on 11 or 12 April on the same matters yet again.

Tom Brake Portrait Tom Brake
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I thank the hon. Gentleman for that intervention. I guess that would just add to this picture of chaos and confusion and of running down the clock that has become a feature of this place in the last few months.

Anne Main Portrait Mrs Main
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Can the right hon. Gentleman not see the merit in what I am saying, whereby that very scenario would not happen? It is just that the Prime Minister cannot agree the date. I am sure—given that he has just mentioned 20 weeks or so to get together a people’s vote or whatever—each person’s agenda has a timescale associated with it. Therefore, if the Prime Minister is offered a date, surely she ought to bring that date back here and ensure that it meets whatever it is that people wish the date to achieve. We are doing this the other way around in the Bill. We are sending her off with a date and mandating her to seek it. I do not see why—that seems ridiculous.

Tom Brake Portrait Tom Brake
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The Bill specifically does not include a date, but it enables the Prime Minister to go with a date that she has in effect inserted in the “[…]”, so it is within her control.

I will draw my remarks to a conclusion by saying that I am not sure whether the hon. Member for Camborne and Redruth—he is not here, so I would not want to cast aspersions—intended the amendment as a means perhaps of ending up with no deal. We know that seeking an extension until 30 June would not be well received by the EU, because it does not enable anything to happen in the time that is left. I hope that that was not his intention, but if this amendment is pushed to a vote today, I and the Liberal Democrats will oppose it on the basis that it would preclude a people’s vote. It is very clear around the country now that there is a very strong appetite for such a vote to take place.

William Cash Portrait Sir William Cash
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They say that those whom the gods wish to destroy they first turn mad. I have to say, I have never seen a Bill that is more likely to drive everybody mad than this one, particularly if it is enacted and it then has to be construed by the courts. I really am astonished at what rubbish it is. Remember that we were told that no deal is better than a bad deal. Just to offer an alternative, no Bill is better than a bad Bill. This is a classic case of hubris—of overvaulting ambition in the hands of some amateur draftsmen, producing consequences of vast import to the people of this country. Having had an exchange with my hon. Friend the Member for Camborne and Redruth (George Eustice), I make the point that if he is right that the Bill could create an extension of five years, it would cost the British taxpayer not less than £90 billion. That is an awful lot of money for a private Member’s Bill, an awful lot of money for hubris, and an awful lot of madness that the gods will want to destroy.

European Union (Withdrawal) (No. 5) Bill

Tom Brake Excerpts
Yvette Cooper Portrait Yvette Cooper
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It sets out that:

“On the day after the day on which this Act receives Royal Assent, the Prime Minister must move a motion in the House of Commons”.

It also provides for the Government to be mandated by what the House has voted for. This is a two-clause Bill and that is all it is; it is very simple. It requires the Prime Minister to put the motion to Parliament proposing an extension of article 50. It asks the Prime Minister to define in the motion the length of the extension. Parliament can debate the motion and can seek to amend it in the normal way, and the conclusion is binding on the Government. The Prime Minister has to take that to the EU. If the EU Council agrees, then that is resolved; if the EU Council proposes a different date, the Bill proposes for the Prime Minister to come back to the House with a new motion.

The Bill simply provides for a simple, practical and transparent process to underpin the Prime Minister’s plan. It ensures that the extension has the support of the House of Commons, but also that we keep the parliamentary safeguard in place. So whatever is agreed by any further talks or indicative processes, or by the Prime Minister’s approach, she herself has said nothing can be implemented by 12 April. She has recognised that she cannot implement anything in only nine days, which is why the extension is needed. This is a hugely important Bill.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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The right hon. Lady has clearly had conversations with senior police officers about the impact of leaving the European arrest warrant. Apparently, it takes an average of six weeks to process cases now, but that would become an average of six months. Would she like to speculate on the impact of that sort of delay on processing serious cases?

Yvette Cooper Portrait Yvette Cooper
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The right hon. Gentleman is right. I have also heard that we can access criminal records using the European Criminal Records Information System—ECRIS—in a matter of days at the moment, but that that could take weeks as a result of leaving the EU. That evidence was given to the Select Committee.

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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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I wish to say a few words about a conversation I had earlier today with business representatives from, among other places, Northern Ireland, who were worried—

John Bercow Portrait Mr Speaker
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About the European Union (Withdrawal) (No. 5) Bill.

Tom Brake Portrait Tom Brake
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Absolutely. This was specifically about the impact of no deal—this Bill is clearly about ruling out the possibility of no deal—and the concerns of these businesses about the impact of VAT being applied. They went much beyond that in terms of the impact of no deal on Northern Ireland, extending to, for example, security and the issue that I referred to earlier—the European arrest warrant. No deal would have an effect on labelling; there would be uncertainties as to whether a company that manufactures here but also has shops in other parts of Europe would need to change its labelling. Clearly, the impact of no deal goes far beyond some of the issues that have been raised today. I hope that this Bill will provide clarity on the extension. I am open about believing that the extension needs to be a lengthy one, of the sort businesses were talking to me about earlier today. That is one way of ruling out no deal.

Finally, I wish to mention something related to the point made by the spokesperson for the Greens, on the legitimacy of the vote of three years ago. Trade union legislation requires ballots to be rerun after six months to ensure that they are valid and that the views expressed in a ballot six months earlier remain valid six months on. Clearly, that could equally apply to a ballot that took place three years ago. I hope that we will allow this Bill to proceed through its Second Reading. I know that we have a number of amendments in Committee, one of which applies to a people’s vote. I hope that we will get to debate that shortly, too.

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Steve Barclay Portrait The Secretary of State for Exiting the European Union (Stephen Barclay)
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We will oppose this Bill. It is being passed in haste, and the fact that we have a time limit of two minutes for a number of speeches this evening is an indication of the fact that the Bill is being passed in haste. It is constitutionally irregular and, frankly, it fails to understand the decision-making process by which any discussion of an extension or agreement of an extension at the European Council will be reached. I will come to that in the limited time I have in which to speak.

It is not just me who has concerns about the Bill on behalf of the Government. Objections to the Bill have been raised by the Chair of the European Scrutiny Committee, my hon. Friend the Member for Stone (Sir William Cash); the Chair of the Procedure Committee, my hon. Friend the Member for Broxbourne (Mr Walker); and the Chair of the Select Committee on Public Administration and Constitutional Affairs, my hon. Friend the Member for Harwich and North Essex (Sir Bernard Jenkin). All have raised concerns about the Bill—particularly the fact that it is being rushed through in such short order—and indeed about the precedent it sets for this and successive Governments.

The Bill also calls into question the royal prerogative. It has been a long-standing practice that Heads of Government can enter into international agreements without preconditions set by the House that would constrain their ability to negotiate in the national interest. Let me give an example of how such constraints could have adverse effects and, in particular, given that the House has voted against no deal, how the Bill could increase the risk of an accidental no-deal exit. On Wednesday 10 April the European Council could propose an extension of an alternative length, yet under the Bill the Prime Minister would then have to return on Thursday 11 April to put that proposal to the House. However, by 11 April the European Council will have concluded and the leaders will have returned to their member states. We would then need to confirm the UK’s agreement to the European Council’s decision and get its approval for that by 11 pm on 12 April.

At the heart of this is the fact that last Friday the House voted against the withdrawal agreement, which was the only legal right the House had to an extension to 22 May, which, as I understand it, Mr Speaker, was at the heart of your decision to grant that vote, because, as the Attorney General set out, that was an additional right bestowed on the House as a result of the previous European Council. We have no automatic right to a legal extension. That right was forgone as a result of the House’s decision last Friday. Yet the Bill would put the House in the position of having to agree after the European Council has concluded and the leaders have returned to their member states.

Tom Brake Portrait Tom Brake
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The right hon. Gentleman is generous in giving way. Who ran down the clock?

Steve Barclay Portrait Stephen Barclay
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It is not usually my practice to quote from The Guardian, but I suspect that it is the right hon. Gentleman’s newspaper of choice. We all remember its front-page headline, “No. No. No. No. No. No. No. No”—it was quoted by many EU leaders—because this House failed to agree on the various options.

The Prime Minister has sought to compromise. Indeed, part of the challenge she has had with her deal is the fact that people on both wings of the debate feel that it is too much of a compromise. She has sought to compromise in the national interest, reflecting the fact, as Members have said, that 48% of the public did not vote to leave. That is why she reached out to the Leader of the Opposition, but for several weeks he refused to meet her. Indeed, he even refused to meet just because the hon. Member for Streatham (Chuka Umunna) happened to be in the room, which was apparently beyond the pale. I am pleased that today I was able to join the Prime Minister at a meeting with the Leader of the Opposition.

The fact that the House has consistently voted for what it is against, rather than what it is for, and indeed its decision on Friday not to approve the withdrawal agreement, is the very essence of running down the clock, because it waived our right to an extension to 22 May and therefore allowed an extension only to 12 April. It is very odd for the right hon. Member for Carshalton and Wallington (Tom Brake), having voted for that reduction in time, now to complain about it.

We are passing the Bill in haste and do not have adequate time to debate it in the manner that I would like us to—there is only one minute left on the clock. There are problems with the speed of its passage, the constitutional principle of it and the way it will interact with any decision reached by the Council that differs from the earlier decision taken by the House. I hope that the constitutional experts in the other place will address some of the Bill’s flaws. It is because of those defects that the Government will oppose the Bill, and I urge Members to oppose this defective Bill.

EU: Withdrawal and Future Relationship (Motions)

Tom Brake Excerpts
Monday 1st April 2019

(5 years, 1 month ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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I hope the hon. Gentleman will be able to clarify one important point: if his proposal were to go through, would it require a long extension to article 50 or would we Brexit on 22 May?

Nick Boles Portrait Nick Boles
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That is a good question and I am pleased the right hon. Gentleman has asked it. I truly believe that if this proposal were to achieve a majority tonight and if the Government were to accept it as Government policy tomorrow, which they should if this House has resolved on something by a majority, it would not be necessary to extend beyond 22 May. Last week, the EU said that it was ready to renegotiate the terms of the political declaration within hours, not weeks.

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Joanna Cherry Portrait Joanna Cherry
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I do agree. I appeal to Members across this House. I know that 10 Conservative Members, including two junior Ministers, voted for this last week. I appeal to anyone who cares about the people who live on these islands and the economy of these islands to prevent a no deal from happening. It is no secret that I came to this House to secure an independent Scotland. That is still my primary aim, but it is not in the interests of Scotland for the Scottish economy to go down the tube with a no-deal Brexit. It is not in the interests of the English, Welsh and Northern Irish economies to go that way, and it is not in Scotland’s interests for the English, Welsh and Northern Irish economies to go that way. Make no mistake about it: if we crash out with no deal, it will be the jobs of ordinary, decent working people that go first. They are the sort of people who vote for the SNP. They are the sort of people who vote for the Labour party and we must protect them.

Tom Brake Portrait Tom Brake
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Does the hon. and learned Lady agree that what she is doing today is supported by the 6 million people who signed the revoke petition—a matter that is being debated in Westminster Hall at this very moment?

Joanna Cherry Portrait Joanna Cherry
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It is indeed, but the difference is that many people who signed that petition would like to see us just revoke article 50 now—straightaway—and that would be an end of the matter. I would quite like to see that myself, but that is not what this motion seeks to do. The motion is about using revocation as an insurance policy. In respectful recognition of the fact that the issue of Brexit will not go away if we simply revoke to avoid no deal, the motion seeks to mandate the Government to set up a public inquiry, under the Inquiries Act 2005, within three months of revocation to establish whether a model of a future relationship with the European Union could be found that would command majority support in the United Kingdom. It also says that, if that could be done, another referendum would be held on the question of whether to retrigger article 50 and renegotiate that model.

EU: Withdrawal and Future Relationship (Motions)

Tom Brake Excerpts
Wednesday 27th March 2019

(5 years, 1 month ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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I am happy that we have got this far in spite of the Government’s attempts to derail the process, but I am sad that we are having the first attempt at this sort of dialogue 1,007 days after 23 June 2016.

I am pleased that the tone has been broadly positive, with people setting out their views on the different options before us. However, I must speak strongly against motion (B)—the no-deal option tabled by the hon. Member for Basildon and Billericay (Mr Baron)—because anyone who advocates no deal is not participating in rational discourse, as I think he called it. No one advocating no deal could possibly have recently spoken to business, the police, the NHS, UK citizens in the EU, or EU citizens in the UK, because there are no-deal implications for all of them. I therefore hope that no deal gets soundly defeated today.

Turning to motion (D), while a common market 2.0 could be one of the best of the available options, it could also possibly be one of the worst, because it would leave us as rule takers not rule makers. It would also enable those who are antagonistic towards the EU to carry on their campaign on the basis that we would have to sign up to a large part of the EU’s agenda, including making financial contributions, without having any say in the goings-on. In many ways, it probably represents a halfway house before another push to leave the European Union at some point, so I hope that that option will not be supported either.

I am afraid that a number of other motions before us fall into the category of unicorns or wishful thinking. The idea that things can be renegotiated at very short notice in the time that might be available, with new protocols and arrangements found that have not been found in the last two and a half years, is wishful thinking. Of course, anything we do requires the European Union to agree to an extension. Some of the motions, such as the customs union proposal, are not unicorns but are far too unambitious in the arrangement they seek with the European Union.

I will focus on two motions in my last couple of minutes. I am pleased that the hon. and learned Member for Edinburgh South West (Joanna Cherry) tabled motion (L) with cross-party support, underlining that revoking article 50 remains a possibility for the United Kingdom, and should be a possibility up to the very last moment. We need the ability to block a no-deal scenario, which is what revocation is there for. I am pleased a cross-party effort was involved in the case that went to the European Court of Justice to secure confirmation that the UK can revoke article 50 at any point prior to our departure.

On motion (M), as other Members have commented, I hope the oratory of the right hon. Member for Derby South (Margaret Beckett) will have convinced many in this Chamber, and not just those who are already signed up to the idea, to come in behind a confirmatory public vote. As many Members have said this afternoon, and as I am sure others will say before the debate is over, the explanation given a thousand days ago on what would be on offer in our leaving the European Union is clearly not what will be deliverable. If the House decides to proceed with some of the motions today, they are clearly not what was voted on two and a half years ago. Certainly they are not what the Prime Minister says is representative of Brexit, which is why I think this has to go back to a confirmatory public vote. With the level of cross-party support for such a vote, I hope it is something we will be able to proceed with when we get to the next stage.

John Bercow Portrait Mr Speaker
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Order. I am immensely grateful to the right hon. Gentleman.

No-deal EU Exit Preparations

Tom Brake Excerpts
Wednesday 20th March 2019

(5 years, 1 month ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Chris Heaton-Harris Portrait Chris Heaton-Harris
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I am sure that my right hon. Friend will not expect me to comment on whether or not the President of France is active on Twitter at this point in time. He and I disagree on one fundamental issue. Having been involved in European negotiations in the past—albeit of a much more minor nature than anything like this—I know that occasionally there are times when one should bank what one has. My right hon. Friend disagrees with me about that, but it is a principled disagreement.

We do have Operation Yellowhammer, which is working to deliver the biggest peacetime project in the history of the civil service. Leaving the European Union with a deal remains the Government’s top priority, but a responsible Government must plan for every eventuality including a no-deal scenario, and these preparations are taking place alongside work to deliver on the Government’s policy priorities.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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It is essential that the largest businesses, and indeed the trade associations that depend on them for information about the progress that is being made on the rollover trade deals, are kept fully informed. Can the Minister explain why the Department for International Trade stopped the roundtables with large businesses?

Chris Heaton-Harris Portrait Chris Heaton-Harris
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I have to say that I did not know they had done so, but I do know that there are ongoing engagements throughout the Government with business representatives and organisations, some of which I myself have attended very recently.

EU Withdrawal Joint Committee: Oversight

Tom Brake Excerpts
Wednesday 20th March 2019

(5 years, 1 month ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Kwasi Kwarteng Portrait Kwasi Kwarteng
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I do not accept the premise of my right hon. Friend’s question. Clearly, our relationship with the EU over decades was complicated and involved and the withdrawal agreement is a capable way of getting out. Few of its provisions last beyond the end of the implementation period. It is a clear and orderly way of leaving the EU, and I urge hon. Members, including my right hon. Friends behind me, to support it.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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Will the Minister explain precisely, for the benefit of Members on both sides of the House, what input Members will have in advance of any meetings of the Joint Committee?

Kwasi Kwarteng Portrait Kwasi Kwarteng
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As I have said to the House, there will be ample scope for debate and consultation. The Government fully understand that the House has to have an active role in shaping and deciding what our position as a country will be. I stress once again that paragraph 3 of article 166 says that no recommendations or decisions can be made without mutual consent. The mutual consent is between the UK and the EU, but as far as the Government are concerned, part of that mutual consent means engaging fully and transparently with the House.

Article 50 Extension

Tom Brake Excerpts
Wednesday 20th March 2019

(5 years, 1 month ago)

Commons Chamber
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Keir Starmer Portrait Keir Starmer
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That is a powerful point. The argument that we were making last week was that, realistically, the deal had not changed since the first time it was put eight weeks earlier. There was obviously the suggestion that the Government would simply bring it back this week, without even pretending that there had been any changes, and just say, “It’s now a week further on. How would you like a different threat?” to see whether they could get it through. That has to stop.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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I am unsure whether the right hon. and learned Gentleman is aware that today is the International Day of Happiness. Does he agree that one way of making both sides of the Chamber happy might be to have a people’s vote on the Prime Minister’s deal that included the option of staying in the European Union? We can then all be happy, including him.

Keir Starmer Portrait Keir Starmer
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I am not sure how another day with me at this Dispatch Box and us here discussing Brexit could be considered a happy day in anybody’s book.

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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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At Prime Minister’s questions, the Prime Minister accused the House of navel-gazing on the subject of Europe, which is rich from a party that, for the past 30 years or more, has spent all its time navel-gazing—some might say digging around in its navel or, indeed, picking the scabs of Europe. That has left us in the current position. It has always been about the Tory interest in relation to Europe and never the interests of the country.

That is best reflected in the fact that it has required a Standing Order No. 24 application to be granted to enable us to debate something that the Prime Minister should have brought to the House, particularly given the de facto deputy Prime Minister’s comments, which many hon. Members have repeated, about how reckless it would be to seek a short extension.

I am afraid to say that the Prime Minister’s letter immediately fails two basic tests. First, it does not explain the purpose of the extension she seeks. Even worse, as we heard from the right hon. Member for North Shropshire (Mr Paterson), it was not submitted in time. The Government’s incompetence is unparalleled. They did not submit their letter seeking an extension in time for it to be considered at this European Council meeting.

I make it clear to the Minister why the Liberal Democrats and, indeed, other Opposition parties are seeking an extension to article 50. First, the extension should be longer than the three months that the Government are apparently seeking, and it should be for a very simple purpose, which is to allow time for a people’s vote. If that requires European elections to be fought, we will fight them. We could well be, perhaps for the first time in British history, fighting European elections on the values and principles of the EU. We may have Nigel Farage’s Brexit party, funded by who knows whom, from who knows where, fighting that campaign, but the Liberal Democrats, the Scottish National party, the Labour party—one would hope—the Greens and so on may well be fighting the European Parliament elections on the basis of the values of the EU. These are the values that have ensured security and peace, and have ensured that the EU can deal collectively with issues such as climate change in a positive way. If we have those elections, bring them on. We would welcome the opportunity to talk positively about what the EU has done.

There is not very much positive about Brexit, but the one silver lining that I hope Members from nearly all parties—not the Democratic Unionist party but all the other parties in this place—have found is that the issue of Brexit has brought together Members of different parties who often have never worked together before. That has happened in a collegiate way, whereby we are willing to work together. As I understand it, that is how the Danes were able to get themselves out of the hole they had dug for themselves in 1992 with the Maastricht treaty. They resolved that by bringing the parties together and finding a way out of it together. That is not what our Prime Minister has done. Bearing in mind that we are 1,000 days after the vote of 23 June 2016, what she attempted, for a brief flash about 100 days ago, was to organise a series of one-off meetings with party leaders and with other members of those parties. She ticked that box and said, “I have talked to the other parties. It is all dealt with.” I am not sure what is happening today, but I am not sure it will add much to the sum total of her connections with the other parties.

Jo Swinson Portrait Jo Swinson (East Dunbartonshire) (LD)
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I hear what my right hon. Friend says about the Brexit situation bringing people together from different parties to work together. Does he accept that it has brought people together up and down the country? In this country we now have one of the largest pro-European movements in Europe, and we will see that on the streets of London this Saturday.

--- Later in debate ---
Tom Brake Portrait Tom Brake
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Absolutely. I thank my hon. Friend for that. We expect that this Saturday, hundreds of thousands of people will be coming into London on the people’s march. If we are sitting on Saturday, as the Speaker has indicated might be possible if the Government want us to sit then, I am sure we will able to sit here and listen carefully to those people’s chants of, “Stop Brexit.” That is something I will welcome greatly.

John Bercow Portrait Mr Speaker
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I apologise to colleagues, but it is necessary to reduce the time limit to three minutes in order to maximise participation. I appreciate the understanding of the situation on the part of the hon. Member for Caerphilly (Wayne David).

Article 50 Extension Procedure

Tom Brake Excerpts
Monday 18th March 2019

(5 years, 1 month ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Kwasi Kwarteng Portrait Kwasi Kwarteng
- Hansard - - - Excerpts

That ball is now rolling, I am afraid. My right hon. Friend is still trying to expand on the fantasy of no deal, but no deal has been taken off the table by this House, and that is why we are talking about extending article 50.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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The Minister says that he answers questions in the way he sees fit, but I think the House would say that that is not at all. If he cannot think of a reason for a long extension, who does he expect to come up with one?

Kwasi Kwarteng Portrait Kwasi Kwarteng
- Hansard - - - Excerpts

As I have said, in a spirit of optimism, I still believe that there is a chance—perhaps a slim chance—that the meaningful vote will go through. People can scoff and laugh, but I still believe that. In the event that it does not go through, we will have to ask for an extension, then the SI will be laid before the House. There will be ample debate next week on what the House might wish to do in that longer extension period.

EU Withdrawal Agreement: Legal Changes

Tom Brake Excerpts
Monday 11th March 2019

(5 years, 2 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

I think that the right hon. Member for Derbyshire Dales (Sir Patrick McLoughlin) was asking for the view of the Minister. The clue is in the nature of the exchange. If an hon. Member or right hon. Member gets up and asks a question, he is interested in the view of the Minister, not of some other Committee in some other place. I would have thought that that was fairly straightforward, but there you go.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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The Minister says that he does not engage in speculation, but may I encourage him to make an educated guess? If the Prime Minister’s deal is passed tomorrow, how many more years of very public Tory bickering will the country face as the UK seeks to establish its new relationship with the European Union?

Oral Answers to Questions

Tom Brake Excerpts
Thursday 28th February 2019

(5 years, 2 months ago)

Commons Chamber
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Steve Barclay Portrait Stephen Barclay
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On this point, the hon. Gentleman and I agree: we want to be in a position where we can surrender those suspected of crimes in Europe to those countries and they can surrender those individuals to the UK. That is in our mutual interest. The political declaration does not rule that out and it is in both sides’ interest. After all, we surrendered far more people—around 8,000—to the EU over the last eight or nine years, compared with around 1,000 that were surrendered the other way. If there is a murderer or rapist who has committed an offence in Germany, the victims of that crime want to ensure that that perpetrator is surrendered there. We also want that to happen. That is why it is in both sides’ interest to reach an agreement.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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Of course Germany will not allow the extradition of people held there to the United Kingdom if we leave the European Union. Is the Secretary of State aware that Scotland Yard’s deputy assistant commissioner, Richard Martin, said yesterday that leaving on a no deal would lead to a significant slowing down of police activities on such things as the European arrest warrant? What discussions has the Secretary of State had with the Home Office about what extra resources might be needed by the police to maintain the same level of security in a no-deal scenario as currently applies?

Steve Barclay Portrait Stephen Barclay
- Hansard - - - Excerpts

There was a reason that I chose Germany out of the EU27 countries as my example. The point I was seeking to raise is that it is in both the EU’s and our interest to enhance our mutual security by having arrangements. Of course, the EU has other arrangements, but the most streamlined way of doing that is to have the operational capability, and that is the point that the Home Secretary is making.