Further Discussions with the European Union under Article 50 of the Treaty on European Union

Motion to Take Note

Moved by

That this House takes note of the further discussions with the European Union under Article 50 of the Treaty on European Union.

My Lords, it is a pleasure to be opening, yet again, today’s debate. Before I begin, I ask noble Lords for their patience, as, like many Members of the House, I am struggling with rather a troublesome cough.

The Motion before the House asks us to take note of the further discussions with the European Union under Article 50 of the Treaty on European Union. Those further discussions were set out in detail during a Statement repeated by my noble friend Lady Evans, the Leader of the House, yesterday. Today, both here and in the other place, we will be taking stock of our position and, in the other place, voting to help set the direction going forward.

Following the vote on 29 January and the mandate set by the other place, the Prime Minister and members of the Government, including my right honourable friend the Secretary of State for Exiting the EU, have been engaging with colleagues on all sides of the House and across Europe to find a way forward that will work for both sides. As my noble friend told the House yesterday, the Prime Minister was in Brussels last week to meet President Juncker, to take stock of the work that has been done by the UK and EU teams so far. The Prime Minister also discussed what legal changes are required to ensure that the backstop is temporary, along with whether there are additions or changes to the political declaration that could be made to secure Parliament’s confidence in this starting point for a strong and ambitious future relationship with the EU.

The Prime Minister has been engaging extensively with EU leaders over the past few weeks, and has now spoken to the leader of every other EU member state to explain personally the UK’s position. We have made good progress in our discussions, and that work continues so that we can leave on 29 March with a deal that commands the support of the other place.

Noble Lords will be pleased to hear that I will not test the patience of the House by restating in full the Statement repeated yesterday by my noble friend the Leader. However, I would like to touch on a couple of the key points made by my right honourable friend the Prime Minister. The UK and the EU have agreed to work on arrangements that will ensure the absence of a hard border in Northern Ireland, with the aim of avoiding the need for the backstop ever to be used, even in a scenario where the future relationship is not enforced by the end of the implementation period. Beyond the backstop, we have been working in other areas so that we can reach a deal that, again, the other place can support. The UK has a proud history of upholding and protecting standards in workers’ rights, environmental protections and health and safety. We are committed to ensuring that leaving the EU will not lead to the diminution of standards in those areas. The Prime Minister set out yesterday how we will bring forward proposals to uphold, and even strengthen, protections in areas such as workers’ rights and health and safety. We will do this engaging with colleagues across parties and with businesses and trade unions.

I am grateful to my noble friend for giving way. The Prime Minister has made a commitment that there will be a vote by the House of Commons as to whether it wishes to leave without a deal or not, but that is a resolution. The law of the land is that we leave on 29 March, as enshrined in the Act of Parliament. What is the significance of the vote? What will happen as a consequence of the vote if it is, let us say, against leaving with no deal? What would actually happen to alter the law?

As a consequence of that vote, nothing. What will then happen is that the following day the Government will ask the House of Commons whether it wishes to extend the Article 50 process. If the House decides that it wishes to do so for a short, time-limited period, the Government will introduce the necessary legislation—and will of course need to negotiate the relevant extension with the EU, as that is something that we cannot just decide to do unilaterally.

Has the Minister seen today’s statement by the Government of Gibraltar that, from their point of view, the best solution would be immediately to revoke Article 50? That has been suggested by the noble and learned Lord, Lord Mackay, and many others. It would be the best thing from the point of view of the UK, it would end uncertainty and it would enable us to get on with our business in an untroubled way. What is the reaction to the request from the Government of Gibraltar? They are literally on the front line in this matter.

The noble Lord will be unsurprised to know that, as usual, I disagree fundamentally with him. The Prime Minister has been clear that we will not be revoking Article 50 because to do so would disavow the results of the referendum. We take the concerns expressed by the Government of Gibraltar seriously, but the whole UK family, including citizens in Gibraltar, will be leaving the EU together.

As I said, the Prime Minister does not wish to extend Article 50 and has never wished to do so; it would simply defer the moment of decision and put off difficult choices. We want to leave with a deal on 29 March. Should MPs vote for an extension to Article 50, it should be time-limited and as short as possible, as I said in response to the earlier question. It remains the case that the best way to rule out no deal is to agree a deal. We do not want a no-deal outcome. The Government’s primary aim is to ensure that the UK leaves the EU on 29 March with a negotiated deal that will honour the result of the referendum. However, as a responsible Government, we continue to plan for all eventualities.

My Lords, on the matter of Gibraltar, if we leave without a deal, what will the consequences be for the people of Gibraltar, and their close economic relationship with Spain?

Many serious consequences will flow from leaving with no deal, but we do not want to leave with no deal. If the noble Lord is so convinced of the need to leave with a deal, perhaps he could talk to his colleagues in the House of Commons and ask them to vote for the deal that is on the table.

The Minister has just said that the Government are planning for all eventualities. If the House of Commons has a vote on 13 March on whether to support no deal, what would the Government’s position be in that eventuality?

Does the noble and learned Lord mean if the House of Commons votes to support no deal?

If the House of Commons has a vote on whether to support no deal or not, what will the position of the Government be?

That is a very good question. I will leave my colleagues, the Whips in the House of Commons, to determine that. I suppose it will depend on what the Motion says and the results at the time.

Yesterday, we published a paper that summarises government activity to prepare for no deal as a contingency plan and provides an assessment of the implications of a no-deal exit for trade and for businesses, given the preparations that have been made. More information for businesses and citizens can be found on the Government’s exit website.

Yesterday, my right honourable friend the Prime Minister set out three clear commitments to the other place that should provide reassurance and clarity about the way forward:

“First, we will hold a second meaningful vote by Tuesday 12 March at the latest. Secondly, if the Government have not won a meaningful vote by Tuesday 12 March, then they will, in addition to their obligations to table a neutral, amendable motion under section 13 of the European Union (Withdrawal) Act 2018, table a motion to be voted on by Wednesday 13 March, at the latest, asking this House if it supports leaving the EU without a withdrawal agreement and a framework for a future relationship on 29 March. So the United Kingdom will only leave without a deal on 29 March if there is explicit consent in this House for that outcome.

Thirdly, if the House, having rejected leaving with the deal negotiated with the EU, then rejects leaving on 29 March without a withdrawal agreement and future framework, the Government will, on 14 March, bring forward a motion on whether Parliament wants to seek a short, limited extension to article 50, and, if the House votes for an extension, seek to agree that extension approved by the House with the EU and bring forward the necessary legislation to change the exit date commensurate with that extension. These commitments all fit the timescale set out in the private Member’s Bill in the name of the right hon. Member for Normanton, Pontefract and Castleford”.—[Official Report, Commons, 26/2/19; cols. 166-67.]

It seems to me that the crucial words are “short extension”. Can the Minister confirm that there is an imperative in the conclusion of any short extension—a date in June? Should that not be observed, we would be in the indefensible situation of having to fight European elections for a new European Parliament. Can he think of anything more insulting, not just to the 17.4 million people who voted to leave the European Union three years ago but to our democracy, if we were to say to them, “Sorry about that decision you made three years ago. We’re now in the process of electing a brand new European Parliament”? That would not be an economic cliff edge, but a democratic one.

Despite the chuntering from a sedentary position from the noble Lord, Lord Foulkes, the noble Lord speaks great sense—as he does on so many things. It would make no sense whatever to have European Parliament elections because we will not be members of the EU going forward and, indeed, the legislation no longer exists on the UK statute book.

While these discussions continue at the European level, work continues domestically to prepare ourselves for all negotiated outcomes. The Government have undertaken extensive work to identify the primary legislation essential to deliver our exit from the EU in different scenarios. The Government are also making good progress on laying statutory instruments to ensure a functioning statute book for exit day. Over 450 statutory instruments have been laid to date, which is over 75% of all SIs required for exit day. Of these, almost half have been sent to the sifting committees of both Houses.

The Government are committed to ensuring that we have a functioning statute book for when we leave the EU, while also ensuring that legislation receives appropriate scrutiny. Once again I place on record my thanks, for their valuable and extensive work, to the committees chaired by the noble Lords, Lord Trefgarne and Lord Cunningham.

I can only reiterate that this Government stand firm on their commitment not to second-guess the result of the 2016 referendum by holding yet another people’s vote. Noble Lords will be well versed in these arguments now but, nevertheless, I will quickly recap.

Could the Minister clarify one point? Was Mr Alberto Costa MP sacked, or did he resign, over his attempt to have EU citizens’ rights in the event of no deal ring-fenced? What is the Government’s view on this amendment—do they support it or not?