Sir Geoffrey Cox
MP for Torridge and Tavistock · Conservative · United Kingdom
“Once upon a time, it would not have been necessary for a Secretary of State for farming to come to the House to say that the primary purpose of farming was food production. The central recommendation of Minette Batters’ report was to make food security a national strategic priority.”
“I will give way to the hon. Member for Colchester (Pam Cox) first, if she can give me just two seconds. I want to develop this theme, because it is very important to me. There are some things that have to be above politics. If there are not, we have no society to defend.”
“Not just now. I say to the House, in all conscience, that jury trial is precious. Why? It is precious because it unites all parts of the political spectrum. It is precious because it allows the people of this country to be directly engaged in the adjudication of guilt or innocence in thousands of cases across the country.”
“No, I am not giving way. I am mindful of time and I must complete what I have to say. This is a time when not just this House but the judiciary and the courts are under attack. The unprecedented attacks upon the judiciary and the legal profession are deplorable. Institutional trust is under siege, and now is not the time— [ Interruption.”
“No, I am not giving way. Let me make that clear now. I want to finish in a moment. The reality is that jury trial is too precious a thing to lose. We are faced with a question of principle here.”
“I should declare an interest at the beginning. I am a member of the Bar—that is not uncommonly known—I still practise at the Bar, and I have the honour to be a criminal barrister and a member of the Criminal Bar Association. I have spent 44 years at the Bar.”
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“The House has been given the opportunity of leaving the European Union with a deal on three separate occasions. I do not recall the SNP ever voting for one of them. The answer is quite simple: we can still pass a withdrawal agreement and leave the European Union in an orderly way, but it is now quite clear that the imperative to leave the European Union is overriding. We must leave, and in my view we must do so this year—on 31 October.”
“The Crown Prosecution Service works closely with the police, including by providing early investigative advice, to consider any allegations of electoral fraud in accordance with the code of Crown prosecutors. The Crown Prosecution Service recognises the importance of protecting democracy, and all cases involving election offences are referred to specialist prosecutors within the Crown Prosecution Service’s special crime and counter-terrorism division.”
“The hon. Lady is quite right that electoral fraud is serious. From whichever side it comes—a referendum campaign or a political party—it must be dealt with according to the law, and it is dealt with unflinchingly. We have an independent Electoral Commission that investigates electoral fraud, and it is right that the Government should allow the commission to be independent, as it must be. However, if a case is referred to the Crown Prosecution Service, it is dealt with precisely according to the code in the same way as any other offence. It is dealt with by trained specialist prosecutors, and a single point of contact in each police force is also trained in election offences. While there may be many allegations, those that are fit for prosecution will be prosecuted—I can give the hon. Lady that assurance.”
“I cannot comment on any ongoing investigations that may be carried out, as the hon. Gentleman will understand, but the Electoral Commission, as he knows, is independent and is charged with responsibility for ensuring the integrity of elections. The commission has a full range of powers that it is able to use, and it takes its decisions with full independence. I assure the hon. Gentleman that if any prima facie case of electoral fraud is referred to the Crown Prosecution Service, it will be dealt with with complete and utter impartiality, and will be prosecuted.”
“Everyone should be free to go about their business without facing abuse or harassment, and the Crown Prosecution Service recently published an information pack to help Members of this House and the other place to recognise possible criminal conduct and to report it to the police. Criminal offences committed against Members of this House imperil the democratic process and public service, and the Crown Prosecution Service is fully committed to pursuing prosecutions in these cases, wherever appropriate.”
“I do agree, and I am grateful to my hon. Friend for that question. It is vital that everybody should have the courage and confidence to be able to come forward. The pack that was given to all Members of this House indicates how to report such cases and the process that will be followed, and that publication is a good guide, I hope, to the way in which both staff and Members should deal with the matter.”
“I admire the hon. Gentleman’s passion, and I am sure it is entirely well grounded and sincere. The Crown Prosecution Service applies the code of conduct for prosecutors. In those circumstances, it is completely right that it does so impartially. I do not know the case to which he refers but, if he writes to me, I am certainly willing to look into it. Question 6 is on the abuse and harassment of Members of this House and the other place, and I hope we can both agree that any such abuse and harassment is deplorable and contemptible, and is an attack upon democracy.”
“The offences of gang-related rape and other sexual violence, including child sexual exploitation, are dealt with by specially trained rape and serious sexual offences lawyers who work closely with police investigators to build strong cases. The training is regularly updated, as is the legal guidance, to support the effectiveness of rape and sexual offences prosecutions, including building awareness of victims and the issues connected with victims in the context of gang-related violence.”
“Whether the hon. Gentleman is referring to organisations inside or outside the Crown Prosecution Service, I am very happy to meet him if the matter is within my sphere of responsibility. I can assure him that the Government are now reviewing why there is a problem of reported cases of rape going up and the number of convictions and prosecutions going down. We are concerned to tackle it, which is why we are seeking to get to the bottom of the factors that affect it, but they are complicated factors. It is not as easy as saying, “Well, the prosecutors are not prosecuting enough.” There are many factors affecting this question, and we all need to come together to inquire into it and to reach the right solutions.”
“The United Kingdom has a long tradition of ensuring that rights and liberties are protected domestically, and of fulfilling its international human rights obligations. The decision to leave the European Union does not change that.”
“I find myself in total agreement with what the hon. Lady has said. I will share them with my colleagues. We are not in any way going to permit our departure from the EU to detract from our firm and unshakeable commitment to human rights in this country and to the rule of law.”
“I am grateful to my hon. Friend for the question. He knows that I am acutely conscious of his desire to have the maximum transparency upon the legal advice I give to the Government. He also knows that I am bound by a long-standing convention relating to Law Officers’ advice to disclose neither the fact nor the content of it. Within those constraints, I consider constantly to what extent I can make available to the House all the information it needs to take the important decisions that theses times require.”
“As the hon. Gentleman knows, the Government are committed to a close and special relationship with the EU in relation to security. The question of our participation in a system relating to European arrest warrants will be close to our hearts in the negotiations that are to follow. But if we were not able to avail ourselves of what it is in the interests of both sides to agree, of course we would fall back on the 1957 extradition legislation and its provisions, and the preparations are at an advanced stage, in conjunction with the possibility that still exists of there being no deal between us.”
“To answer the question, as amended, I quite understand my right hon. Friend’s frustration. To the outsider, it does not look sensible for us to be holding European elections when the entire country is expecting us to move on, leave the European Union and fulfil the commitments of both major parties at the last general election. However, we are under a legal obligation to do so while we remain a member of the European Union. There is a single, simple answer to this question: let us ratify the withdrawal agreement and we are out.”
“I am extremely grateful for the question. I regularly meet ministerial colleagues to discuss important issues of common interest, including on matters relating to the United Kingdom’s exit from the EU. The hon. Lady will understand that I am unable to talk about the legal content of those discussions, but the Government’s main priority is to honour the pledges made at the time of the referendum by national politicians of all parties and fulfil its outcome. We can do that by ratifying the withdrawal agreement.”
“I made it clear to the hon. Lady and to the House that I am acutely conscious of the need for the House to be as fully informed as possible of all legitimate matters that it should know before taking these important decisions. At any significant event in these proceedings, I shall review that need accordingly.”
“I agree with my hon. Friend. That is one of the most important negotiating objectives in connection with our security and law partnership, and it is a matter that we are constantly bringing to the attention of the European Union. If we can ratify the withdrawal agreement, it will be one of the highest priorities.”
“That is a subtle enticement by the hon. and learned Lady, but I know that she knows that I am not going to tell her about what discussions the Cabinet may have had. What I can say, however, is that the current discussions with the Labour Opposition are being pursued in good faith. There are no preconditions and of course we will listen to any suggestions, whether they be about a second referendum or any other matter, to see whether we can find common ground, in the interests of the country, to leave the European Union as swiftly as possible.”
“I have been saying this since 2016, as the Hansard record will witness, and indeed most recently on 12 March. I take the view that we need to take a complex and careful view of how it is necessary for us to extricate ourselves from 45 years of legal integration. The withdrawal agreement does justice to those complexities. It settles matters at a complex level, and that is precisely why it is necessary for us to leave the European Union. I urge the hon. Gentleman to vote for it.”
“No, I do not accept that. The withdrawal agreement was the product of two years of exhaustive negotiation. It settles citizens’ rights for millions of British citizens in Europe as well as for EU citizens here. It fulfils the financial obligations to the European Union. It is a complex settlement that requires to be signed before we can leave. I do not accept that it was unrealistic to attempt to get the fruits of that agreement agreed in this House. In truth, as the hon. Gentleman knows, if we are to leave the European Union it is a necessary precondition of our doing so.”
“May I begin by thanking all Members for coming to the House on a Friday, and by apologising for the fact that we have had to convene today? The reasons we are convening today are partly to be found in the fact that today is 29 March, and as this House voted some months and years ago, it was today that should have been the day on which we left the European Union. However, we are—”
“I beg to move, That this House notes the European Council Decision of 22 March 2019 taken in agreement with the United Kingdom extending the period under Article 50(3) of the Treaty on European Union, which provides for an extension to the Article 50 period to 22 May 2019 only if the House of Commons approves the Withdrawal Agreement by 29 March 2019; notes that if the House does not do so by that date the Article 50 period will only as a matter of law be extended to 12 April 2019 and that any extension beyond 22 May 2019 would require the UK to bring forward the necessary Day of Poll Order to hold elections to the European Parliament; notes that Article 184 of the Withdrawal Agreement refers to the Political Declaration between the UK and EU agreed on 25 November 2018, but that the EU has stated it remains open to negotiating changes to the Political Declaration; notes that the House is currently undertaking deliberations to identify whether there is a design for the future relationship that commands its support; notes that even should changes be sought to the Political Declaration, leaving the European Union with a deal still requires the Withdrawal Agreement; declares that it wishes to leave the EU with an agreement as soon as possible and does not wish to have a longer extension; therefore approves the Withdrawal Agreement, the Joint Instrument and the Unilateral Declaration laid before the House on 11 March 2019 so that the UK can leave the EU on 22 May 2019; notes that this approval does not by itself meet the requirements of section 13(1)(b) of the European Union (Withdrawal) Act 2018; and resolves that it is content to proceed to the next steps of this process, including fulfilling section 13 of this Act.”
“Precisely: we are where we are. I intend not to review how and why we have arrived at this point, but to explain the motion that the Government have placed before the House. On 21 March, the Council agreed a decision that if the withdrawal agreement is approved, we have a legal right as a country to an extension to 22 May 2019. If this withdrawal agreement is not approved, that extension will expire on 11 April. That means that any other extension that this House might desire to be agreed by the Union would be at its discretion, subject to the veto of 27 leaders. Therefore, by this evening, if the 11 o’clock deadline expires and the agreement has not been approved, that legal right will expire with it.”
“I will in a moment, but not now. This is, therefore, the last opportunity to take advantage of our legal right. The Government have taken the view that it would have been wrong to allow that time and date to expire without giving this House the opportunity to consider whether it should avail itself of the legal right or whether it should move into a position where any further extension will be at the discretion of the 27 leaders.”
“I am not taking interventions at the moment; I will in due course. [ Interruption. ] I do not intend to take long. I want to set out clearly the choice before the House today. The minimum necessary in order to secure this right, which is ours as a matter of law, is that the withdrawal agreement is approved. All negotiated exits from the European Union will require this withdrawal agreement to have been approved. The Union has made it abundantly clear, and the decision—”
“That certainty will be because, by taking the step of approving the withdrawal agreement today, the House will set out a clear and certain pathway to our departure from the European Union. Let me come now to the political declaration.”
“Indeed, it could not be a vote under section 13(1)(b) precisely because, Mr Speaker, you have ruled—a ruling that the Government fully respect—that a meaningful vote cannot be brought back while it poses the same or substantially the same question to this House. Therefore, this motion has been designed to comply with your ruling, Mr Speaker, and in complying with that ruling, it cannot comply with the requirements of section 13 of the withdrawal Act. We put before the House the choice that the House faces today. What this choice will bring is certainty to thousands of businesses and millions of individual citizens throughout this country and to 1 million citizens of our country residing in the European Union. That is a not inconsiderable benefit.”
“Therefore the House has before it a clear choice this morning: it can either approve this withdrawal agreement, knowing that by doing so it secures its right to an extension; or it can decline to do so and know, in doing that, that by next week there will be no right to an extension, that any extension applied for will require some clear indication of the pathway forward and a stable majority behind it, and, thirdly, that it will be subject to the veto of those 27 member states. That brings me to the motion before the House. This motion sets out clearly that it is not a meaningful vote pursuant to section 13(1)(b) of the Act. It is designed solely to give the opportunity to this House of taking advantage of the right that we have in international law.”
“I will take interventions. I did not refuse the hon. Gentleman’s; I was just asking whether he would be patient. Let me deal with his point now. The Government were considering asking that the indicative votes process continue this morning, so that we could have brought a motion this afternoon or this evening. That is exactly what the thinking was. There is no desire on the part of this Government to interfere with the process that the House is currently undergoing—on the contrary, the motion acknowledges it and notes it. I will come to it, if I may, in due course. The minimum necessary to secure our legal right to an extension, therefore, is that this withdrawal agreement be approved. All negotiated exits that any Member of this House might conjecture or dream of will require this withdrawal agreement.”
“So the Government will give consideration as to precisely how the full package will be approved with the political declaration. One option will be to introduce the EU withdrawal implementation agreement Bill before this House. If this agreement is approved today, the Government will introduce the Bill within the next few days.”
“I will not give way now, but I will give way to Members in due course. I want to set out the choice before the House. As the motion acknowledges, the political declaration is open to change. The Union has accepted that it is open to negotiating change and that it will consent to discuss it, and so the House is undergoing a process at the moment of seeing whether a stable majority can be found for any political solution for the future. Of course, the Government respect that process: they acknowledge that it is continuing and they accept therefore that further steps will be necessary to approve the political declaration in this House. This House will have to ratify not only the withdrawal agreement, but the political declaration.”
“As the motion notes, this is not purporting to be a section 13(1) vote. This is simply designed to afford the House the chance of taking advantage of the legal right established by the Council decision. It is not a vote under section 13. There is nothing unlawful and certainly nothing procedurally improper about it. It is done to afford the House this chance.”
“That will give us the opportunity to give certainty to the country and allow the process of reconsideration of the political declaration to take place.”
“Gentleman’s prescription would have us do is take a chance on the good will of the 27 member states of the European Union granting us another extension. The withdrawal agreement—everyone knows; the right hon. Gentleman knows—is an essential prerequisite for our departure from the European Union. That may be why he does not want to vote for it. The official Labour position is that it does not disagree or object to a clause or article of the withdrawal agreement. The country looking on must judge this. The Opposition do not object; they have not emitted a peep of disagreement with a single clause or article of that agreement, and their position today is that they intend to vote it down. What kind of cynicism is that? The opportunity now is for us to embrace the certain legal right of an extension to 22 May.”
“I understand the right hon. Gentleman’s point. I say straightaway that the answer is that this is the only right we have to an extension. If we move into next week without securing it, we take the chance that among those 27 leaders there will be vetoes. The right hon. Gentleman asks me about European parliamentary elections. Plainly, the stated position of the European Union is that we would have to organise and stand in those elections if we went beyond 23 May. Some lawyers, of course, disagree with that stated position and say that it would not be necessary, but that is the stated position of the Union. The point, however, is that we have the opportunity here to embrace certainty. What the right hon.”
“My right hon. and learned Friend is a very distinguished and able lawyer, but I never knew that he had a crystal ball. The fact of the matter is that the European Union has not agreed to grant any longer extension. It will be subject to the veto of any of the 27, and it would certainly be subject to clear signs in the House that there was a stable majority for an alternative solution, and a stable way to deliver it.”
“I must make progress, but I will give way, particularly to the hon. Member for Rhondda (Chris Bryant). The reason for the motion today, and for the form of the motion, is that it enables the House to secure this legal right. It is the case that the Government make that the agreement is required in any event. Members on the other side do not dispute the requirement for the agreement to be passed, so we invite the House to secure the certainty of the extension; to continue the process of the political declaration reconsiderations; to enable us, by 22 May, to ratify the domestic implementing legislation; and to conclude discussions on the political declaration.”
“There will certainly have to be a Bill. There will have to be a process of ratification in the House, which is why, if it votes for the withdrawal agreement today, it would be surprising if it did not vote to implement the withdrawal agreement. This is the step that we need to take.”
“Plainly, that would be open to the House to do. The problem is that we would have lost the legal right to the extension, so we would apply to the discretion of the Union for it to be granted. Let me come back to the political declaration, because it is important that I should say a few more words about it. The process that is—”
“Member for Stoke-on-Trent Central (Gareth Snell)—in connection with the next stage of the political declaration and its negotiation with the European Union is that there will be new mechanisms and new procedures so that the House can be properly consulted and have a role in the manner in which the political declaration, once it is finalised in the House, will be negotiated in that second stage. I can say to the hon. Member for Stoke-on-Trent Central—I shall give way to him in a moment—that the Government would have accepted the amendments that he tabled, with others standing in his name.”
“I will give way to my hon. Friend the Member for Stone (Sir William Cash), but let me complete my remarks on the political declaration. The process is being undergone by the House at the moment. The Government recognise that process and will in due course make decisions on how and if we can implement anything that might emerge from that. The whole point of the political declaration is that it cannot be negotiated with the European Union now. What the Government are saying—and some amendments were tabled, I think, by the hon.”
“We would have accepted the hon. Gentleman’s amendments. Clearly, in terms of the detailed working out of those amendments, in discussion—[Hon. Members: “Ah!”]. No, no, no—hon. Members can table an amendment. If it requires amendment to that legislation, we would obviously consider the detail carefully, but we would be minded to accept such.”
“What I can say to my hon. Friend is that we would certainly give it very careful consideration. We have taken the view up till now that, before the withdrawal agreement is approved, it is premature to publish the Bill. There are certain elements of it that still remain to be finalised. However, as I have said to my hon. Friend privately, the moment we are in a position to publish it, he, as Chairman of the Committee, will be among the first to see it.”
“No other extension is guaranteed; every other extension would require European parliamentary elections, as the right hon. Member for Leeds Central (Hilary Benn) said. We are therefore at an important crossroads for the purposes of this nation’s future and its history, and I urge all Members of his House to embrace this opportunity now, when this withdrawal agreement, in its substance, is in no way objectionable to any Member willing to consider moving forward with it. In those circumstances, what conceivable point can there be now in not embracing this agreement, subject to further discussions on the political declaration? I urge the House to vote for this agreement.”
“I must make some progress. I am very conscious that it is Friday and that we need to move forward as swiftly as we can. The House can take a single, decisive step today to afford certainty to the millions of people throughout this country who are waiting for it and to have a short—not prolonged—extension that will bring our exit from the European Union to 22 May. There will be no further uncertainty. The political declaration can be resolved in that time. The ratification of the Bill can proceed with any amendments that might be forthcoming in connection with the subsequent negotiating stage. I submit to the House the responsible thing. I ask the House to consider and reflect carefully, because what we have before us today is the legal right to extend.”
“Will the right hon. Gentleman tell the House how, compliant with the Speaker’s ruling, he would have brought a vote that fulfilled the conditions he has just set out?”
“Further to that point of order, Mr Speaker. May I say on the proposal the Government are making that when the House listens to the rationale behind it and hears the full context of it, I am sure the House will accept that it is not only perfectly lawful and perfectly sensible, but designed to give this House the opportunity of availing itself of a right that the European Union has given us to avail ourselves of an extension until 22 May. The view of the Government is simply that we could not let the time limit expire at 11 pm tomorrow without allowing this House the opportunity to avail itself of that right, and it is perfectly reasonable and perfectly lawful.”
“Further to that point of order, Mr Speaker. I rise out of respect for the right hon. Member for Leeds Central (Hilary Benn). This is clearly a matter that I shall address tomorrow morning in full. It requires serious consideration, as virtually everything the right hon. Gentleman says in this House is entitled to. I will address that point in full tomorrow.”
“Further to that point of order, Mr Speaker. I rise out of respect to those asking questions about why the motion was late. I do apologise to the hon. Member for Walsall South (Valerie Vaz)—I was anxious to get it to her and to others as soon as I could—but I was particularly concerned that the motion should comply with your ruling, Mr Speaker. Therefore—I hope you will permit me to divulge this—as a result of some discussion with you, I am afraid that it was concluded only shortly before the time we came into the House. [ Interruption. ] Well, I cannot speak for that, but I say to the House that I am sorry it was late, but it was a matter that needed to comply with your important ruling, Mr Speaker.”
“Those commitments include establishing “immediately following the ratification of the Withdrawal Agreement, a negotiating track for replacing the customs and regulatory alignment in goods elements of the protocol with alternative arrangements.” If an agreement has not been concluded within one year of the UK’s withdrawal, efforts must be redoubled. [Laughter.]”