Article 50 Extension

I beg to move,

That this House has considered the matter of the length and purpose of the extension of the Article 50 process requested by the Government.

Thank you, Mr Speaker, for granting this debate, which provides a vital opportunity to scrutinise the Prime Minister’s letter to the President of the EU Council and, of course, the wider Government approach to seeking an extension. An issue of this importance should not have to be dealt with through a debate under Standing Order No. 24. The Prime Minister should be here to answer questions. There should have been a full statement to the House. I appreciate that we had Prime Minister’s questions earlier, but this is a very important decision about the future of the United Kingdom, and the Prime Minister should be here to make a full statement setting out why she has applied for the extension she has applied for, and to answer such questions as there are across the House. It is symptomatic of the way the Prime Minister has approached many Brexit issues, which is to push Parliament as far away from the process as possible.

The House has rejected the Prime Minister’s deal twice, and not by small margins. It has voted to rule out no deal, and it voted to require the Prime Minister to seek an extension of article 50. I appreciate that on Thursday the last words of the Secretary of State for Exiting the European Union at the Dispatch Box were:

“I commend the Government motion to the House”—[Official Report, 14 March 2019; Vol. 656, c. 628.]

before he promptly went off to vote against it, which caught me slightly by surprise—he is probably rather hoping that we do not divide this afternoon. However, given where we got to last week, when we ruled out no deal and required the Prime Minister to seek an extension of article 50, one might have expected the Prime Minister, in the intervening days, to reflect on where we are at and to recognise, as my right hon. Friend the Member for Doncaster North (Edward Miliband) said earlier, that perhaps she is the roadblock to progress. She could, at this stage, act in the national interest and, frankly, show some leadership and take a responsible approach, which I think would be to seek an extension to prevent no deal and to provide time for Parliament to find a majority for a different approach.

I think many Members are yearning for the opportunity to move forward and break the impasse, but the letter to President Tusk makes it clear that that is not the Prime Minister’s intention. It says:

“The UK Government’s policy remains to leave the European Union in an orderly manner on the basis of the Withdrawal Agreement and Political Declaration agreed in November”.

The letter continues,

“it remains my intention to bring the deal back to the House”—

not a new deal, a changed deal, or a deal, compromise or position agreed by this House, but

“the deal back to the House.”

It does not speak of seeking time for change or to consider other options that could win support in Parliament. The only mention is of

“domestic proposals that confirm my previous commitments to protect our internal market, given the concerns expressed about the backstop.”

There is nothing new; it is just the same deal, to be brought back as soon as possible.

My right hon. and learned Friend is making a powerful speech about the real predicament and crisis we currently face. There have been indications from the Government of France that they may well not permit an extension to article 50. Faced with that proposition, does my right hon. and learned Friend agree that the Government are in a real fix? Unless they meaningfully change the deal that is on offer to Parliament and bring it back urgently, the Prime Minister will be faced with the difficult choice of whether to revoke article 50 or crash out with no deal.

I do understand the difficulty, but I do not think it is appropriate for me to respond to or comment on what may or may not have been said by Heads of State about what may or may not be agreed tomorrow. The point I am making is about the expectation of this House as to the approach that the Prime Minister would take. There is an even greater expectation—a yearning, which I can feel across the House and which I could feel last week—that this House be given an opportunity to break the impasse for itself by finding a way forward. I am afraid the Prime Minister’s approach is the same old blinkered approach, which is, “All I’m going to do is seek time to put my deal, exactly the same, back before the House for another vote.”

Based on the Prime Minister’s letter, I am not entirely clear why the EU would grant an extension in the first place, but the question for us all is the length of the extension that it would grant, and for what purpose. What is the Labour party’s policy?

I shall come to that later, but I will make this point. The period should of course be as short as possible, but it must be long enough to determine the purpose. In other words, the purpose has to determine the length. One of the mistakes we have made in the past two years, on which we have struggled and challenged the Prime Minister, is that if we let the clock, rather than the purpose, dictate we end up exactly where we have ended up now.

Does my right hon. and learned Friend agree that it is absolutely ridiculous to suggest the idea of participating in democratic elections this May as the main reason for this House, or this nation, not to do what is in our national interest? It is complete nonsense.

Last week we touched on the difficulty of the EU elections and discussed the legal position and what the political position may be, and we need to bear that in mind. Of greater importance is that, given that we are discussing the future of the United Kingdom and its relationship with the EU, we take time to find the purpose of the extension and a majority that the House can get behind, so that we know why we are seeking the extension. That will begin to answer the question of how long an extension should be for.

I fully agree with my right hon. and learned Friend’s last point. The problem really is that the EU negotiators have said that there would have to be significant changes before they would look at an extension. The problem we have, certainly on the Back Benches and I am sure shared by my right hon. and learned Friend, is that nobody knows what the Prime Minister is going to ask the EU for in relation to that extension. Does he agree that it is disgraceful for the House to be kept in the dark in this way?

The problem with the Prime Minister’s approach is that last week we voted on a motion that said she would seek a short extension if the deal was passed by today—that was in paragraph (2) of the Prime Minister’s motion—and it has not been put before the House today, and that she would seek a longer extension if that was not the case. So, there was an expectation that the Prime Minister would do the opposite of what she has done today. Equally important is that there is a growing expectation that the House needs to have time to decide what happens next. A different Prime Minister might have reflected on what happened last week and come to the House this week to say, “I recognise that my deal is not going to get through as it is and I, the Prime Minister, will provide a process of some sort, or ask the House to help me with a process of some sort, to decide where there is a majority, so that we can move forward.” That is what is being missed in the letter.

As ever, the right hon. and learned Gentleman makes a powerful speech. He has given a description of what he would have expected the Prime Minister to do in the circumstances; what explanation does he put forward as to why the Prime Minister has not behaved in that way? Is it because she is stubborn, or is it because she is in the pockets of the European Research Group—the hard Brexiteers who are essentially running this country and this Brexit process? What does he think the explanation is?

The immediate concern is that the Prime Minister does not appear to be acting in accordance with her own motion of last week, but the deeper problem, which is what I am most concerned about, is that the Prime Minister still thinks that the failed strategy of the past two years, “My deal or no deal”—a blinkered approach with no changes and no room for Parliament—should be pursued for another three months. In other words, all she will do is use the three months in exactly the same way to bring back the deal over and over again—or as many times as she can without breaching the rules of the House—and try to force it through. That is the strategy that she has been pursuing throughout these negotiations and it has failed badly. We must not allow another three months to be used up on the same approach.

The letter sent by the Prime Minister this morning makes two requests to the Council—that it approves the documents agreed in Strasbourg on 11 March, and that it allows three months for the Prime Minister to get the same deal through Parliament. If I have read and understood the letter properly, I think the Prime Minister may be planning to bring the deal back on the basis that the documents that were before us last time have now been approved formally at the Council, and that some domestic arrangements have been agreed with possibly other parties, which means that she can then say that the deal can now be put to another vote, notwithstanding the fact that the documents on the table are exactly the same as the ones that we voted on last week. Obviously, that will raise the issue as to whether that is in accordance with the Standing Orders of the House, which will have to be addressed at the time.

The letter continues,

“it remains my intention to bring the deal back to the House.”

That is not a new deal, but the same deal. That is extraordinary, given how the House voted last week. It does not reflect the motion that was passed. Paragraph (2) of the motion clearly mentioned a short technical extension if the deal was passed by today—that was when the Prime Minister had the intention of bringing the deal back for today—or a longer extension if that was not the case.

I thank the right hon. and learned Gentleman for giving way. He said a few moments ago that there was no point in asking for an extension, particularly a long one, in the absence of a clear purpose. I gather from those remarks that he thinks a long extension is appropriate; can he confirm that? If he does think it is appropriate, will he tell the House what his purpose would be?

As I said earlier, I will get to purpose a little later in my speech.

I wonder whether the right hon. and learned Gentleman can clarify something that he appeared to say just now, which was that the Prime Minister was not following her own motion because she had said in the third part of it that she would seek a longer extension. However, after reading the motion, I can say that it does not appear to say that. The first part says that she will seek an extension. The second part says that if the deal went through by today, she would seek a short extension, and the third part merely notes that if the deal did not go through and a longer extension was sought, it would require participation in the European elections. She did not say that she would seek a longer extension. I should be grateful if he could clarify that for the record.

I am grateful for that intervention because it allows me to read out what the Minister for the Cabinet Office said on this motion from the Dispatch Box. He was promoting the motion, and he actually voted for it, so perhaps what he said can be taken seriously. He said this at that Dispatch Box last week:

“In the absence of a deal”—

what he meant by that was a deal going through by today—

“seeking such a short and, critically, one-off extension would be downright reckless and completely at odds with the position that this House adopted only last night, making a no-deal scenario far more, rather than less, likely.”—[Official Report, 14 March 2019; Vol. 656, c. 566.]

Those are the words spoken from the Government Benches on the interpretation of the Government’s own motion. In other words, if a deal had not gone through by now, the Minister for the Cabinet Office said that, in those circumstances, simply to go for a short, one-off extension would be “downright reckless” and would make a no-deal scenario more rather than less likely. Members in this House should be concerned about that.

I am very grateful to my right hon. and learned Friend. He is making a powerful case. The motion that the House agreed made it clear that, if there was not a deal by today, the likelihood would be that the European Council would require a longer extension. Is it his view that when the European Council meets tomorrow, they are likely to require that?

We will have to wait until tomorrow to see what the Council’s response is. It may simply say that it will consider any request, but it does need to know what the purpose is. This is where the Prime Minister may get into some difficulty. If she says that the only purpose is to allow her to keep putting her deal for the next three months, that may or may not be seen as realistic with regard to what will happen in the next three months. None the less, it is a question that the Prime Minister will have to answer.