European Union (Withdrawal) Bill Debate

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Department: Ministry of Justice
Oliver Letwin Portrait Sir Oliver Letwin
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Of course it is possible for the House of Commons to tell the Government that it does not like the terms, and of course it is possible for the Government to go back and ask for the terms to be changed, but it is also possible—

Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
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Will my right hon. Friend give way?

Oliver Letwin Portrait Sir Oliver Letwin
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Please, allow me to continue. It is also perfectly possible, as the right hon. Member for Leeds Central knows, because he is a fine logician, for the other side in the EU negotiations to reject such alternative terms. We therefore hit the question that he cannot evade: under those circumstances, is he or is he not hoping—the Opposition spokesman made what he was hoping for perfectly clear—that Parliament will have the right to tell the Government that they cannot leave on terms that Parliament does not accept? I really think that that is important, if we are to be honest about this, because that is what the right hon. Gentleman and the Opposition spokesman are suggesting.

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Oliver Letwin Portrait Sir Oliver Letwin
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I am not going to give way to anyone except my hon. Friend the Member for Chelmsford.

Vicky Ford Portrait Vicky Ford
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May I take my right hon. Friend back to what he said about article 50? It is true that that says:

“The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless”—

I repeat, unless—

“the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.”

That is exactly the point. If we are close to a deal but, for example, struggling to get the last vote through the European Parliament, the 28 countries may wish to take a little more time.

Oliver Letwin Portrait Sir Oliver Letwin
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My hon. Friend makes my point for me. The very point I am making is that no UK Government and no UK Parliament can guarantee that the other side would agree to any such thing.

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Vicky Ford Portrait Vicky Ford
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As a new Member, I have listened intently as many Members on both sides of the Committee—some who voted to remain and others who voted to leave—have talked about the fundamental flaws in clause 9. The rest of the world is watching how we regulate at the moment. Will the Minister give an undertaking that the Government will come up with amendments to clause 9 on Report?

Dominic Raab Portrait Dominic Raab
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As I said earlier, clause 9 retains the residual necessity to provide us with agility in these negotiations. I think that I have given the assurances on substance that Conservative Members and, I believe, some Opposition Members wished to hear. If other Members want to table amendments on Report, I will of course continue the dialogue in which I have engaged all along.

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David Lammy Portrait Mr Lammy
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I am coming up to my 18th year in the House. During that time, we have had serious votes on going to war in Iraq and in Syria, and on different occasions, parliamentary sovereignty has asserted itself. On the war in Iraq, we thought we had the information, but it turned out that we did not, and we went to war. On Syria, despite some strong arguments to intervene, we chose not to. I also remember sitting through the night for the 90-day detention legislation under Tony Blair, and this House resisted the move to a 90-day detention period for those arrested for terrorism offences. Tonight, we are again being asked to make a very important decision that will affect the future of this country.

I might say that the sovereignty of this Parliament is why we are here in the first place, so I applaud the Government Members who are standing by their principles and remembering the importance of coming back to debate in this House. This is about timing. We may have had a discussion about what is meaningful, but I think we all know what is meaningless. It is meaningless to have a debate and a vote in this House after the decision is made. For all those reasons, I hope that we will return after the vote on amendment 7 and find that we really have given back sovereignty to the UK Parliament.

Vicky Ford Portrait Vicky Ford
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The Government have now made it clear that the House will have a final meaningful vote on the EU withdrawal agreement before the UK leaves, which is extraordinarily important because the last point in the process of withdrawal is actually the vote in the European Parliament. My former colleagues—the ones who are trying to help us get an amicable agreement in that Parliament—have told me that unless there is a full democratic process here, there will be people who try to scupper the deal in that last vote in the European Parliament. The rest of the world is watching how we legislate, and transparency is important.

I am new to British legislation, but I have heard it time and again from Members as diverse as my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) and my hon. Friend the Member for North East Somerset (Mr Rees-Mogg) that the powers in clause 9 are inappropriate, too strong and could mean that the Government are able to make material changes to legislation without a scrutiny process before we leave. I am therefore extremely pleased that the Minister made his announcement at the last minute. If he would like to, I would love him to intervene once more to ensure that everybody has heard exactly what he said.

Dominic Raab Portrait Dominic Raab
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I am delighted to intervene again and, reflecting the mood of the House, I can tell my hon. Friend that we are willing to return on Report to put an amendment on the face of the Bill making it crystal clear that statutory instruments under clause 9 will not enter into force until we have had a meaningful vote in Parliament.

None Portrait Hon Members
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Too late!

Vicky Ford Portrait Vicky Ford
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I thank the Minister. I am going to take a moment to reflect.

Yvette Cooper Portrait Yvette Cooper
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This has been a thoughtful debate that has shown the strength of this House, but the thoughtfulness and strength of this House are exactly why the House needs to have a meaningful statutory vote on the withdrawal agreement before the extremely extensive powers in clause 9 are used. The Minister had an hour on his feet; we have had six hours of debate today and many months of debate beforehand, and he still has not come up with a manuscript amendment to clarify what he will do, nor have we had a commitment yet from the Government that the vote will in fact be a statutory one. The only reason that the Minister could give as to why there should not be a statutory vote on the withdrawal agreement was the timing, and yet there are so many examples of when this Parliament has used expedited procedures to get a statute in place just as fast as any resolution.