EU Withdrawal Agreement: Legal Changes

(Urgent Question): To ask the Prime Minister if she will make a statement on progress made in achieving legal changes to the EU withdrawal agreement and the timetable in this House for the meaningful vote.

I would like to wish you, Mr Speaker, and all the House a happy new year.

In a tone that I am sure will reflect the year ahead, may I join the Leader of the Opposition in wishing you, Mr Speaker, and colleagues across the House a happy new year?

As the House will be aware, the Prime Minister today launched a new 10-year plan for the NHS, allocating an extra £20.5 billion a year in funding. I am therefore responding to this question on her behalf. I am sure colleagues across the House recognise the importance of the NHS plan.

As confirmed by the Leader of the House in her business statement before the Christmas recess, this Wednesday the House will debate a business motion relating to section 13(1)(b) of the European Union (Withdrawal) Act 2018. That will be followed by the main debate on section 13(1)(b), which will continue on Thursday 10 January and, subject to the will of the House, Friday 11 January. Discussions are taking place through the usual channels as to the proposed length of that debate and the date of the vote, but ultimately it will be a decision for this House, through the business motion, which will be voted on this Wednesday. Debate will also take place in the House of Lords on Wednesday 9, Thursday 10 and Monday 14 January.

The decision to postpone the debate last year was not taken lightly. Over the two years of negotiations, the Prime Minister won hard-fought battles—most importantly, to agree a bespoke deal, rather than the flawed off-the-shelf options initially offered. But it was clear from the three days of debate held in this House that it was not going to pass the deal and that further reassurances should be sought, particularly on the issue of the backstop.

Following December’s European Council, a series of conclusions were published that went further than the EU had ever gone previously in trying to address the concerns of this House. Over Christmas, the Prime Minister was in contact with a number of her European counterparts on the further legal and political assurances that Parliament needs on the backstop. She has been in touch with the Taoiseach, and indeed British and Irish Government officials have been in contact over the past week. Securing the additional reassurance that Parliament needs remains our priority, and leaders remain in contact. Leaving the EU with the deal that has been agreed is in the interests of both sides.

When the debate begins on Wednesday, the Government will make clear for the House what has been achieved since the vote was deferred last year. As I said when I spoke in the debate on 4 December, the deal will enable us to deliver a fair, skills-based immigration system and to have control over our fisheries policy and agricultural policies—

Nonsense!

Unlike the Scottish National party, which wants to retain the European approach. We will have our own trade policy for the first time in more than three decades, and there will be an end to sending vast sums of money to the EU. It is a good deal, it is the only deal, and I believe that it is the right deal, in offering certainty for this country.

Thank you, Mr Speaker, for granting this urgent question. With less than three months until we reach the article 50 deadline, there can be no more hiding and no more running away. This issue will define Britain’s future and should not be decided by the internal machinations of the Conservative party. This House and this country deserve much better.

A month ago, the Prime Minister shamefully pulled the meaningful vote, promising to do everything possible to secure assurances from the EU on the temporary nature of the backstop. Now the time has come for the Prime Minister to tell the House exactly what legal assurances she has been given by EU leaders. She achieved nothing at the December summit, but now surely she has plenty to update us on. Although I am delighted to see the Brexit Secretary here today, it is the Prime Minister who should be here to answer these questions. She suggested that a breakthrough had been secured last week. She is not here because she is busy promoting “Project Fear.” It is all hot air.

There also seems to be confusion about exactly what the Prime Minister is demanding from EU leaders. The Leader of the House promised “legal reassurances”, but yesterday the Prime Minister told the BBC:

“We’re not asking for anything new”.

Can the Secretary of State clear this up and tell the House exactly what is being requested, because this morning Ministers in his own Department did not seem to have a clue? When asked what the PM was demanding, the Brexit Minister had to concede that he did not know, but he reassured the whole world by saying that he was “an important person”, so that is all right.

I fear that the reason so many members of the Cabinet are in the dark is that there is nothing to know. If that is the case, what guarantees do we have from the Secretary of State that, faced with yet another humiliating defeat, the Prime Minister will not just run away? Can he do what the Prime Minister should be doing here today by confirming the timetable for the meaningful vote and providing what we have not received so far: a cast-iron promise that it will not be reneged on yet again?

Based on the lack of content in that, it is good to know that the Leader of the Opposition had a good break over Christmas. He talks about colleagues not knowing. What they do not know is what Labour’s plan is. However, what they do know is that it is riddled with contradiction. Labour say they want to remain in a customs union, yet they also say that they intend to have an independent trade policy, even though the EU has made it clear that that is an area of EU competence. They say they want to be in the internal market but, at the same time, end free movement, even though the two are contradictory.

The shadow Business Secretary says that he does not want to rule out the option of a second referendum, yet the shadow Education Secretary says that that would be a betrayal of the democracy of the main referendum vote. Page 24 of Labour’s manifesto said that they would respect the referendum result; now they seem to have a policy to go back on that. So the confusion we have is as to what the Leader of the Opposition actually believes. He started out saying in interviews that we could not stop Brexit, yet his shadow Brexit Secretary says that they can.

I am pleased that the Leader of the Opposition started his remarks by seeming to upgrade me. Last time he said that my role is purely ceremonial. Now he seems to welcome me to my post. Yet he seems to suggest that the NHS 10-year plan, with an extra £20.5 billion of investment, is in some way “Project Fear.” Well, we are used to “Project Fear” on the NHS; it is “Project Fear” that we see from the Opposition on a regular basis.

The reality is that the right hon. Gentleman opposes the preparations for no deal, which any responsible Government need to make, while at the same time saying that he will vote against the deal. It is that internal machination in the Labour party that he needs to address, and nothing in his contribution to the House today sought to clarify that. It is now time he became clear. Does he maintain the position in the manifesto, that Labour will respect the referendum result, or does he agree with his shadow Brexit Secretary and want a second referendum?

We have only about 80 days left. The Government face a deadline which depend crucial decisions that will affect future generations and the whole basis of our political and economic relationships with the rest of the world. We are nowhere near consensus, either in this House or in the country, on what new arrangements with the European Union we are actually asking for, let alone on the arrangements that we are likely to achieve. Now we have a completely ridiculous urgent question from the Leader of the Opposition, who has no idea what he wants but who just feels that he has to say something about the crisis we are in.

As we are in this position and as 29 March is an entirely arbitrary date—it was accidentally set when the Prime Minister, for no particular reason, decided to invoke article 50 before she knew what she was going to ask for—may I ask my right hon. Friend: is not it obvious that the national interest requires that we now delay matters by putting off the implementation of article 50 in order to put ourselves in the position where we can negotiate with 27 serious Governments by showing that we know what we are asking for and can deliver from our side, and to protect the national interest and future generations?

It is always good to hear from my right hon. and learned Friend, but I take issue with his question. First, he says this is an arbitrary date. The article 50 process set a two-year timeline and, indeed, this House voted for the date to be set in the Bill. Secondly—he touched on this in his interview on the “Today” programme, when he suggested that we revoke article 50 with a view to having a second referendum decision—the European Court of Justice was clear that revoking article 50 cannot be done as a tactical device in order then to go back on that decision; it has to be a confirmed intention at that time. If this is about extending that, an extension requires the agreement of all 27 member states, but if it is about revoking it, the Court was clear that revoking article 50 is not about buying more time; it is about making a clear decision that we do not intend at that point to proceed.

May I wish you, Mr Speaker, and all Members and staff a happy new year?

It is with regret that we return after the Christmas break with no progress from the Government on the withdrawal agreement and—even more remarkable—that we return with no Prime Minister in Parliament. She cannot be bothered to be here. We are now just days away from the deadline to get a deal to protect our economy and the Prime Minister is not in Parliament to explain her lack of progress. Why is the Prime Minister not responding to this urgent question?

It is now clear beyond doubt that the Prime Minister’s tactic is to run down the clock and deprive Parliament of any alternative to her Brexit proposals, bringing the prospect of a no deal closer. The SNP we will work across this House to get support for an alternative that is about having another EU referendum and letting the people take back control from this Government. I say to the Leader of the Opposition: get off the fence and join us. Stop this Government’s chaotic Brexit plan.

Shamefully, we are in exactly the same situation as before Christmas, with the Tory Government again facing defeat but having wasted a month of precious time. The risks are real. The economic disaster facing our communities across these islands is real. It is suggested that the proposed letter between the UK and the EU regarding the backstop will not come before the debate and the meaningful vote. We cannot operate in the dark. This Government must show us the detail and tell us today how they believe these assurances will be enough to win support for their shambolic deal. Moreover, if, which is extremely unlikely, this Government manage to get their vote through, will they commit to extending article 50 immediately and remove the threat of the cliff edge?

The First Minister of Scotland was very clear today that the events of the last few years have made the case for Scotland being an independent country in charge of our own destiny even stronger. Scotland will not be dragged out of the European Union against its will. Our Parliament’s powers are being eroded. The UK Government are treating the Scottish Government with contempt. Even when we seek compromise, our voice—Scotland’s voice—is sidelined. This Government should wake up to the reality. Scotland knows who is leading in our interests, and it is not the Government in Westminster.

I think that Members across the House will recognise that this Prime Minister has spent probably more time at this Dispatch Box answering questions from colleagues across the House than any of the previous incumbents. The right hon. Gentleman asked where she is. As I said in my opening remarks, she is launching the NHS 10-year plan because this party—Members on this side of the House—is committed to ensuring that we have an NHS fit for the future, which is what that announcement is about.

There seems to be, inherent in the right hon. Gentleman’s questions today and in previous questions, a constant refrain from the SNP. On the one hand it calls for referendums, but on the other it cannot seem to cope with the results of the referendums in 2014 or 2016.

The right hon. Gentleman is right as to the concern about a no-deal outcome. That is why the best mitigation of a no deal is to vote for the Prime Minister’s deal. It is the only deal on the table and it reflects over two years of hard-fought negotiation with the EU.

On the right hon. Gentleman’s point about extending article 50, I touched on that in my reply to the Father of the House. The reality is that extending article 50 is not a unilateral decision: it would require the consent of the other 27 member states. It would also raise all sorts of practical issues, not least in relation to the timing of the European parliamentary elections at the end of May. It is the Government’s firm intention not to extend article 50 and to leave the EU as the Prime Minister set out. The SNP should respect the largest vote in the United Kingdom’s history.

In calling the right hon. Member for Wokingham, I warmly congratulate Sir John Redwood.

Thank you, Mr Speaker. Do the Government understand that opposition to the withdrawal agreement goes way beyond the unacceptable Irish backstop and includes paying huge sums of money with nothing nailed down over the future partnership? Worse still, it would plunge us into 21 to 45 more months of endless rows and disagreements, with all the uncertainty that would bring.

May I join you, Mr Speaker, in congratulating my right hon. Friend on his well-deserved knighthood? As regards the interplay between the financial settlement and how a no-deal scenario would be managed, there is a contradiction in saying on the one hand that we can leave the EU with no financial contribution, and on the other that there would be sufficient good will on the EU side for them to move beyond anything more than contingency planning and offer some sort of managed deal, when, at the same time, we are not honouring the legal obligations we have.

The Leader of the Opposition clarified, over the recess, that in the event that the Labour party obtains and wins a general election it will proceed with Brexit, so what are the Minister’s civil service advisers telling it that is in any way different from what the Government are doing?

It is not for me to speculate on what civil servants tell the Leader of the Opposition. I am not sure they would be having those discussions. The reality is that the Leader of the Opposition’s party was the first to offer an in/out referendum. His party should therefore respect the decision, as its then leader said it would. It was the biggest vote in our country’s history and that is why it is right that we avoid further divisiveness and ensure we leave as we said we would.

First, may I endorse the comments by my right hon. Friend the Member for Wokingham (John Redwood) about the money side of things? It is not just that the backstop is not sufficient in itself. It is a vital issue, but it is not the whole story by any means. We have the European Court of Justice, the question of control over laws, the question of the extension of time under article 132, the issue of state aid and the incompatibility of the agreement with the repeal of the European Communities 1972 Act. So many aspects of the withdrawal agreement are, if I may say so to the Secretary of State, matters that go way beyond mere reassurances. Reassurances will get nowhere. They are certainly not going to convince anybody who is thinking hard about this when it comes to the vote next week.

As my hon. Friend will know, the Prime Minister made clear that she has heard the concerns of the House in relation to the backstop and that is subject to the further discussions with European leaders. In terms of its scope, it is worth reminding the House that 80% of our economy is covered by services that would not be within the scope of the backstop. It is worth having some proportion with regard to that discussion. On the other issues, I was not sure whether he was saying he wants more freedom for state aid, which would be the Leader of the Opposition’s position. That is not, characteristically, what I would expect my hon. Friend to be calling for. The reality is that any deal we enter into with the EU will require a backstop. That is the substance of it. Whether that is a Canada option, a Canada-plus, a Canada-plus-plus or a Canada-plus-plus-plus, the reality is that, whatever the deal, it will require a backstop.

Nearly a month has passed since the vote on the Prime Minister’s deal was cancelled, and the EU shows no signs of being willing to offer her the legal assurances she says she is seeking about how long the Northern Ireland backstop might last. Unless the Secretary of State can reassure the House today that such assurances will be forthcoming, I urge the Government to take at least one decision in the national interest now and rule out the disaster that a no-deal Brexit would be for this country.