Hilary Benn
MP for Leeds South · Labour · United Kingdom
“As the right hon. Gentleman knows, the Irish Government published on 8 June their legislative outline, entitled “The General Scheme of the Legacy of the Troubles Bill 2026”. That is intended to fulfil the commitment that the Irish Government gave in the joint framework to co-operate to the fullest extent possible with the commission.”
“Northern Ireland is a society, as the hon. Gentleman knows better than most, that has been undergoing profound change since the signing of the Good Friday agreement 28 years ago. As the famous lines go, we have a shared history, but not necessarily a shared memory.”
“The right hon. Gentleman raises a really important point, and I am grateful to him for his question. We all have a responsibility—political leaders have a responsibility to call out what was witnessed for what it is and not mince our words, and as I have already indicated, social media companies have a responsibility to ensure that such m…”
“I hope the hon. Lady will recognise that the common travel area, which is more than a century old, is of great benefit to the citizens of the United Kingdom and the Republic of Ireland. Many people in Northern Ireland live their lives across that border every single day.”
“I do agree with my hon. Friend. The attack on Mr Ogilvie was truly shocking, and there was no justification whatsoever for the racist thuggery we witnessed on the streets of Belfast in the days following.”
“That was, of course, an awful feature of what we saw. One of the things I learned in my discussions was that those from the far right had taken a list of houses in multiple occupation in Belfast—a list that, in the interests of openness, was properly available on the Belfast city council website; the council has now taken it down—and used…”
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“Friend the Member for Manchester Central would be helpful, and I am happy to support it. The House is being watched by the British people. They see chaos and uncertainty. Businesses have no idea what is going to happen next. EU citizens do not know what is going to happen. We have a responsibility to demonstrate that this Parliament can and will do its job.”
“It is of course essential that we achieve that, because without it, the House would be faced with only one choice if it wishes to avoid a no-deal Brexit on 29 March. That would be to revoke article 50, unless between now and then the political declaration can be amended in a way that commands the support of the House. Given that, for more than two and a half years, the House has not really been given the opportunity to express its view on what it would support, that is very unlikely to happen in the two weeks that are left. That is why this amendment is needed. We must be honest about the difficulty that we face. The leaders of the EU are paying close attention to our deliberations. They want to see a purpose. We have a credibility problem. There are different views about the length of any extension, but the amendment tabled by my hon.”
“The problem, particularly because the Government have not yet specified when they propose to bring that forward, is that the Act gives the Government 21 days from the day on which the House of Commons decided not to approve the deal, which was this Tuesday, and then a further seven Commons sitting days from the date of the statement to lay a motion in neutral terms. What that means, very simply, is that the Government will not be obliged to give the House a chance to amend any proposals on a way forward until after 29 March. Clearly, given the crisis we face, that will not do. I hope that Members will feel able to support this amendment, not least given the cross-party support that it has attracted. I turn now to the extension of article 50.”
“I will indeed be happy to accept that amendment, which I understand is going to be voted on separately. I say that because, if the House does not reach an agreement and still does not want to leave without a deal, it may, at some point, ask for a further extension. The reason we need to do this today is the way that section 13 of European Union (Withdrawal) Act is structured. The Government’s draft withdrawal agreement and political declaration were of course defeated on Tuesday. Under section 13(4) of the Act, the Government are required to make a statement on how they propose to proceed and then to propose a motion in neutral terms that can be amended.”
“On a point of order, Mr Speaker. In the light of the important announcement made by the Secretary of State for Exiting the European Union in his closing speech that the Government intend to bring the neutral motion required under section 13 of the European Union (Withdrawal) Act to the House by Monday 25 March, I wonder if, given the nature of the business that has already been announced for next week, the Leader of the House, who is present, may wish to indicate to the House whether the Government might be inclined to table that motion before Monday 25 March? We really need to get on with the process of trying to agree a way forward.”
“Can the Secretary of State explain to the House why it is democratic to keep bringing back to the House a proposition that has been overwhelmingly defeated on two occasions, but it is somehow undemocratic to suggest that the British people should be asked whether they want to change their minds?”
“Yesterday, the House rejected the Prime Minister’s deal for the second time. Today, we must reject leaving with no deal, and tomorrow, assuming that we vote that way tonight, we will have to ask the European Union for an extension to article 50. Today is the moment when two and a half years of repetition of that nonsensical slogan “No deal is better than a bad deal” will finally be defeated in its fight against reality. It was always a slogan; it was never a policy. That is why the Prime Minister will have to vote against her own slogan when she comes to the Division Lobby tonight. The arguments for rejecting no deal are really very simple: it would inflict the greatest damage on our economy; it is strongly opposed by businesses and trade unions; and it would mean a huge step into the unknown, the chaotic and the potentially dangerous.”
“It would end frictionless trade, add billions to the cost of manufacturing and cost jobs.” We know why.”
“All I can say to the hon. Gentleman is that I cannot speak for those colleagues. My view has consistently been clear that no deal cannot be a policy for this country. By the way, no deal is not what those who campaigned for leave in the referendum ever argued for, so I do not quite understand why someone should now be arguing for it when they did not argue for it then. No one who has spoken so far—I am not talking about intervening—has stood up and argued why no deal would be a good idea. It is not surprising why they have not. In responding to the schedules that have been published, Carolyn Fairbairn said this morning: “This tells us everything that is wrong with a no-deal scenario…This is no way to run a country.” The Society of Motor Manufacturers and Traders said: “No-deal would be catastrophic for the automotive industry.”
“Given the rather unhelpful coda, if I may put it that way, to the Government’s motion tonight, I think the House will vote to reject a no-deal Brexit on 29 March this evening, but Ministers need to recognise, be aware of and acknowledge that this House will never vote to leave the European Union without a deal, whether at the end of March, the end of June or the end of October. We are not prepared to take that risk with our economy, our jobs and the livelihoods of the people we represent—not today and not ever.”
“Businesses should also check whether there are any restrictions on the provision of services, such as whether a UK professional qualification is recognised in the country in question.” What use is that reply to a business that has worked hard to create jobs? There are those in this House who will stand up today and argue that that business’s future should be thrown into doubt, but what use is an answer like that? It basically says, “You’re on your own.” The final point I want to make is this: given what happened yesterday, today’s vote is the next step required before tomorrow’s inevitable decision to apply for an extension to article 50, which the Brexit Select Committee report—it was published this morning with commendable speed after the events of last night—says will be necessary.”
“That is why the twelfth report of the Brexit Select Committee said explicitly that leaving with no deal “cannot constitute the policy of any responsible Government.” If Members want to read the argument, they can go and look at that report, but I draw attention to the problem faced by a company that makes signs and exports them to Europe to be fitted by its workers. The company asked me what would happen in the event of a no-deal Brexit. I have referred to that in a previous speech. Since then, I asked a written question, to which I received the answer: “UK nationals travelling to the EU for the purposes of work may be subject to extra conditions. Businesses will need to check individual Member State immigration rules for whether there are any requirements or conditions around supporting documentation, work permits or visas.”
“I will not give way, because time is so short. We know that if there is any disruption to the lorries that keep those car factories going every single day, it will affect the production line. The car industry has had enough bad news in the past two months without it being added to by people standing up saying, “No deal is a jolly good idea.” A professor from one of our major institutions of higher education, whom I happened to bump into on the underground this morning, said to me that no deal would be “catastrophic” for the institution, its research funding and its ability to recruit staff. The truth is that these conversations are repeated in thousands of workplaces up and down the country, in thousands of sectors of the economy.”
“On a point of order, Mr Speaker. Notwithstanding what the Prime Minister has just told the House, the time has come for two things to take place. The first is for the Government to respect the democratic instruction of the House of Commons. The second, since the Prime Minister says we have to be in favour of something—and I agree with her—is for the Government to facilitate the House of Commons having the chance to vote on a series of indicative propositions so that we can attempt to see whether we can find a way forward. If I may say so, Mr Speaker, I very much welcome what you said a moment ago about your willingness to ensure that the House of Commons gets the opportunity to debate that which it wishes to debate.”
“Can the Attorney General confirm that in order to get to the point at which the UK might be able to suspend the Northern Ireland protocol, it would have to, first, persuade the arbitration panel to agree with its case and, secondly, accept that any issue of EU law arising from the case that the UK had argued would have to be referred to the Court of Justice of the European Union and that any ruling of the CJEU on that matter would be binding on the panel, the EU and, most importantly for this discussion, the UK?”
“I am grateful to the Prime Minister for giving way. She referred a moment ago to the possibility of the UK suspending the operation of the Northern Ireland protocol. In his legal advice, which was published today, the Attorney General talks also about measures to disapply the provisions of the protocol. Can she tell the House whether suspension, which has to be temporary under the withdrawal agreement, and disapplication are one and the same thing, or are they different?”
“Well, if it is in fact a good deal, it cannot be a bad deal, so, by definition, no deal is now worse than her deal. Therefore, if logic means anything, the Prime Minister ought to come through the Lobby with me and many others tomorrow to vote against no deal. No deal would be the worst possible outcome for the country. If leaving with no deal is defeated, we will come on to the question of an extension, which will be the subject of Thursday’s debate. However, we have to use an extension for a purpose—that is very clear. For me, the purpose must be, first, to see whether it is possible for the House of Commons to reach agreement on an alternative way of leaving the European Union. Is there support for a customs union? Is there support for a Norway-style arrangement?”
“Frankly, proving bad faith, in my view as a non-lawyer, is going to be pretty darn difficult, so we are left with paragraph 19 of the Attorney General’s letter to the Prime Minister today, which says that if we cannot reach agreement because of intractable differences, “no internationally lawful means of exiting the Protocol’s arrangements” will exist. If the deal is defeated tonight, tomorrow will be another day. I have little doubt that the House of Commons will vote against leaving the European Union with no deal—we can debate all those matters tomorrow. I still do not know how the Prime Minister is going to vote. Can I just offer her some advice? She used to say that no deal is better than a bad deal, but she now argues that her deal is in fact a good deal.”
“If the arbitration panel is then to turn suspension into disapplication, we have to persuade it that the reason for the problem is that there is a lack of good faith on the part of the European Union. It is pretty safe to say that the EU would say, “No, it’s not a lack of good faith; we just don’t think your alternative arrangements work. We think they would undermine the integrity of the single market and the customs union.” The moment it says that, that engages questions of the application of EU law, at which point the panel has to refer the matter to the Court of Justice of the European Union, whose judgment on these questions will be binding on everyone, including the United Kingdom.”
“It is a pleasure to follow the right hon. Member for Loughborough (Nicky Morgan), although I have drawn a different conclusion about the choice we have to make this evening. I am tempted to say, “Here we go again.” After the flurry of activity and effort—I pay tribute to Ministers who have been working hard over the past couple of months—some people may have had their minds changed by the documents produced last night, but it seems that many others have not. The one thing I want to say on the documents is this: the withdrawal agreement remains in place, the backstop remains in place, there is no unilateral exit mechanism for the United Kingdom and there is no time limit. While it may be possible to suspend the backstop, in order to do that the United Kingdom has to persuade the arbitration panel that we have a case.”
“I am happy to confirm that I have heard my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) say that he does not have a problem with the backstop. I do not have a problem with the backstop, because it is an essential insurance policy to protect the integrity of the Good Friday agreement and trade across that border. All that I would say about the alternative arrangements is that all those provisions are already in the withdrawal agreement that the Prime Minister signed up to in November. All that we have had added today is interpretation of what already existed—”
“The Prime Minister also said on the political declaration that we should look at all the things her deal has delivered. I simply say to her: no, it has not. It is not legally binding and there is no certainty. A new Prime Minister could come along in a month, a year or two years and say, “Forget all that. I am now taking the country in a different direction.” That is the reason I will not vote for this deal tonight. The Prime Minister ended her speech by saying let us demonstrate what politics is for. I would simply say to her that whatever it is for, it is not this agreement.”
“I would say to her that it certainly does say something, because her deal has delivered instability, it will entrench a loss of opportunity and it is not progress. It is going backwards. There is further proof of that today. What has Nissan announced? That production of the Infiniti car in Sunderland will end. The long, slow decline of British car manufacturing, which was once the jewel in our manufacturing industry, has, I am very sorry to say, well and truly begun. This goes to the heart of the mess that we are in, which is not the backstop—we have spent hours on the backstop—but the fact that, after two-and-a-half years of internal argument during which the Government have refused to make choices, the political declaration is so vague that we have no idea where we are going.”
“The final point I want to make, because time is short, is to say this about sovereignty, which is really at the heart of the referendum, of the decision we have to make as a House of Commons, and of the choice that we as Members wrestle with in trying to decide how to cast our vote. Last week, I met a group of parliamentarians from North Macedonia. We talked about our troubles to do with EU membership. They said to me, “75% of the people of North Macedonia are really keen to join the European Union and NATO.” I asked them why. They replied with three words: stability, opportunity, progress. Whatever else can be said in this debate, Mr Speaker, you cannot apply those words to our country in its current condition. The Prime Minister, in opening her speech today, said that the deal says something about our country and what it has delivered.”
“The Secretary of State is shaking his head, but I take a different view from him as to whether this is in fact a significant or substantial change. If we are able to reach agreement on an alternative way forward, the second choice the House of Commons will have to make is whether we should go back to the British people to ask them, “Is that what you wanted?”—especially if we did end up approving something like Norway and the customs union. We could argue that that is rather different from what was argued for by the leave campaign during the original referendum. I suppose the central question on that choice, a point which has been made by others today, is whether the electorate have the right to change their mind and, in the same breath, the right not to change their mind. It would be the people’s choice.”
“On a point of order, Mr Speaker, further to your announcement about manuscript amendments to the motion we will debate tomorrow. Depending on the outcome of that vote, we will, as the Prime Minister has just made clear, come to a motion on Thursday about seeking an extension to article 50. Could you please clarify—depending on what time that motion is tabled tomorrow, which clearly cannot be until we have voted to reject leaving with no deal—what arrangements you intend to apply for Thursday to allow for manuscript amendments in the way you have just set out for Wednesday?”
“Can the Minister explain to the House why the Irish Foreign Minister Simon Coveney said earlier today: “The…Prime Minister is travelling to Strasbourg this evening…to try to finalise an agreement, if that’s possible, to be able to put that to a meaningful vote in Westminster tomorrow…”? Can the Minister confirm that? If an agreement that changes the withdrawal agreement or the political declaration is reached tonight, will that have the approval of the Heads of Government? If not, will it actually constitute a negotiated agreement under the terms of section 13(1)(b) of the European Union (Withdrawal) Act 2018?”
“Further to that point of order, Mr Speaker. The annunciator tells us that there is to be a statement on Brexit. It might be helpful to the House if you were able to confirm whether it is your understanding that that is not necessarily going to follow sequentially upon the other statements that are going to be made, and that it might be quite a bit later this evening. That may have a bearing on the two points of order to which you have just responded.”
“If consideration of the issues raised by the arbitration panel in relation to the backstop involves questions about the interpretation or application of EU law, can the Minister confirm for the House that any such questions would have to be referred by the arbitration panel to the Court of Justice of the European Union, and that any ruling of the Court—despite what he has said tonight—would be binding on the arbitration panel, on the European Union and, crucially, on the United Kingdom?”
“The Minister referred in his statement to the possible suspension of our obligations in respect of the backstop. As he will know, however, under article 178 of the withdrawal agreement that can happen only after the arbitration panel has ruled on the question referred to it, and after a whole process has been followed if one party has failed to comply with the ruling of the arbitration panel.”
“Article 175 of the withdrawal agreement which, as the Attorney General knows, deals with resolving disputes about the interpretation of the agreement, states that rulings of the arbitration panel shall be binding on the EU and the UK. In his letter to the Prime Minister of 13 November, the Attorney General stated that although the withdrawal agreement does not “expressly state” that the backstop review mechanism “is intended to be arbitrable…I consider that the better view is that it is.” In his recent discussions with the EU, has it confirmed that it shares that better view—in which case, why would one need to consider another separate arbitration mechanism for dealing with the backstop? Or has the EU said that it does not regard binding arbitration as applying to the backstop itself?”
“Given that next Tuesday we may well be considering further legal assurances related to the withdrawal agreement, the Committee is absolutely clear that we must hear from him before we vote on Tuesday. I would not normally raise a point of order on such a matter, Mr Speaker, but given its urgency and the profoundly unsatisfactory state of affairs, what advice can you give the Committee so that we can secure the Secretary of State’s attendance—which is his job—before we vote next Tuesday?”
“On a point of order, Mr Speaker. Next Tuesday, the House will vote again on the withdrawal agreement. The Secretary of State for Exiting the European Union was due to appear before the Committee yesterday but cancelled for perfectly understandable reasons—he was in Brussels with the Attorney General negotiating. We of course accept that, but we have offered him other times this week and next Monday afternoon, none of which have been accepted so far. While we understand that negotiations will continue, I was very surprised to learn this morning, at a meeting of the Committee, that the Secretary of State’s office had offered times to individual members of the Committee for him to meet them later on Monday afternoon, but had not so far confirmed that he would be available to appear before the Committee.”
“Further to those points of order, Mr Speaker. Not only is tackling financial crime and money laundering essential for the reputation of this country, but if the Government feel that they can get away with changing a date contained in an amendment to legislation passed by this House in relation to this Bill, what is to stop them doing it on lots of other bits of legislation? Further to the Government’s decision today to pull the Bill at the last minute—I think that is a discourtesy to the House, since it was on the Order Paper—have you, Mr Speaker, been given any indication by Government Ministers about when and whether they intend to return the Bill to the House not only so that we can fix what they have tried to do, but to add further protection in this matter covering the Crown dependencies as well as the overseas territories?”
“Will the Secretary of State confirm to the House that in the discussions to which he has just referred the EU has made it absolutely clear that the backstop will not be removed from the withdrawal agreement?”
“The whole House will support the Government and the United Nations in their efforts to get India and Pakistan to draw back from further conflict, but does the Minister agree that it is the people of Kashmir who are both the victims and spectators of their own future because of the failure of those two countries to reach an agreement on what will happen? Above all else, the people of Kashmir want the chance to live in peace and security, and to have the right to determine their own future, as they were promised over 70 years ago when it was suggested that a referendum might be held. That, of course, has never taken place.”
“Will the right hon. Gentleman clarify something following the Prime Minister’s statement yesterday? If the Prime Minister’s deal is defeated when it returns to the House and if leaving with no deal is also defeated, will the time period in the motion proposing an extension of article 50 that will be brought on 14 March be amendable by the House?”
“The second option, which is really the obvious thing to do, is to go to the EU and say, “Why don’t we negotiate the future relationship now and extend article 50 for that purpose?” The House refuses to vote for the Prime Minister’s deal because each of us, for different reasons, says that we do not know what the future will look like, and therefore we are not prepared to take this enormous step of leaving the European Union on the basis of a prospectus that is completely vague and uncertain. How do we answer that question? We negotiate the future partnership.”
“None of them will be easy–there are no benefits to the British economy from Brexit. I will turn to each of those options. The first—Norway plus or Common Market 2.0—would at least minimise the damage to our economy. It would represent a painful compromise for many people, but it would be a much better way forward than the Prime Minister’s deal. Do I think that she will ever agree to it? Sadly not, because she has shown herself to be completely inflexible.”
“We will do it in March, we will do it in June and we will do it in October of whatever year, because the House will not allow that to happen. If the Prime Minister’s deal is defeated when it comes back, there will be an extension to article 50, and the question that has not really been addressed yet is: for what purpose will we use the time? The amendments that probably will not be pressed to a vote today will be very important in the weeks to come, because they will provide us with the means to answer that question. I think that only three options will face us in those circumstances. The first is to try to reach a consensus on a different kind of Brexit deal. The second is again to extend article 50, to enable us to negotiate the future partnership. The third, if we remain deadlocked, is to take the question back to the British people.”
“At the moment, French customs officials say, “Go on, go on,” but the moment they put their hands up and say, “Arrêtez”—“Stop”—the chaos will begin. At the industrial coalition meeting to which the right hon. Member for Meriden (Dame Caroline Spelman) referred, the most striking moment for those of us who were there was when representatives of two major parts of manufacturing industry said simply, “If there’s a no-deal Brexit, it will be catastrophic for us.” The thing I always find it hard to understand is why people who do not run things and make things for a living think they know better about the consequences of a no-deal Brexit than people who do. The other truth that has finally hit home—I hope the Government understand it—is that it does not matter when we are asked to vote against a no-deal Brexit.”
“We need to begin by acknowledging that we have made a little bit of progress. Yesterday the Prime Minister finally acknowledged that there is no support in the House of Commons for leaving with no deal. It was interesting that the Chancellor of the Duchy of Lancaster was in most difficulty in his contribution when he was trying to avoid answering questions about how the Government will vote if we get to that point. I will make a prediction to ease his pain: if we do get to that point, I think the Government will vote against us leaving with no deal. How could they do anything other than that given the document released yesterday, which predicts £13 billion of cost to British businesses? For what? To fill in customs declarations, with no benefit to their trade whatsoever. It also predicts rising food prices and delays at the ports.”
“Let me say to those who might want to jump up and say, “What about no deal?”: first, if we go back to the referendum of 2016, nobody on the leave side argued for leaving with no deal—nobody; secondly, we know how damaging it would be; and, thirdly, why should an option that was never before the British people in 2016 suddenly appear on a ballot paper in 2019, if we have a referendum?”
“It cannot have been an easy decision to make, and I do not at all underestimate the difficulties of holding a second referendum. However, it would in those circumstances answer the question from the European Union about what the extension is for. When it comes to the question in such a referendum, to me it is clear: the only deal that has been negotiated to leave—the Prime Minister’s—even though it would have been rejected by Parliament, and the alternative of remain, because there is not an alternative leave on the table.”
“My right hon. Friend is absolutely right. This is a challenge the House will face the moment it has voted for an extension, because I am sure that is what the European Union will say to us. I am setting out what I think are the three alternatives that would be available to the House at that point. The first requires agreement. I do not think the Prime Minister is prepared to give that; that is what the evidence shows. The second would require the European Union to change its approach to the negotiations completely. It would be the sensible thing to do, but the EU may not agree. The third—the one we will be left with if we cannot agree—will be to go back to the people and ask them what they think. I simply want to say that I welcome the decision that my right hon. Friend the Leader of the Opposition announced on Monday.”
“That is why I echo the view of others who have said that those who argued for leave bear a very heavy responsibility for the crisis the country is now in. Parliament’s job is to make sure that, when that moment comes, if the deal is defeated again, we are ready to make a choice about what we are for. The tragedy of Brexit is that the Government have been completely incapable of making those choices. It is Parliament’s responsibility to step up and take those decisions if the Government continue to fail to do so.”
“The right hon. and learned Gentleman very forcefully makes one of the arguments for why no deal is not an option in every sense of the word. In conclusion, we are in a marginally better position than we were when we had the last of these debates, because the Government have been forced to face reality. I pay tribute to Ministers who, we are told, in a series of delegations to the Prime Minister, made her realise that she would not be able to defeat the amendments today if she did not make a concession yesterday. However, we are still in a very perilous position for the country. I have no doubt at all about our ability to prosper, but our future prosperity depends on the decisions that we choose to make. It is not automatic, as the Brexit disaster is proving.”
“Does the hon. Gentleman agree that a longer article-50 extension might encourage the EU to change its current approach and, since it needs a purpose during the 21 months—if that was the period—recognise that it could turn its attention to negotiating the future partnership?”
“While I welcome the fact that the Prime Minister has, at long last and with the greatest reluctance, been persuaded by a group of her own Ministers to accept that there is no majority in this House for leaving the European Union on 29 March with no deal, does she not understand that in all likelihood there will continue to be no majority in the House for leaving with no deal, whether it is March, June or October? Therefore, the question I want to put to her is this: if we are going to have an extension to article 50, what does she intend to use that time for?”
“Things have come to a pretty pass when here we are, 37 days from Brexit, and the House of Commons is actually discussing which of several options—all of them economically damaging—we should choose for the future of our country’s economy. Since it is the Government’s policy that they are planning for a no-deal Brexit, could the Minister explain to the House what possible justification there is for that? Given that their own economic assessment shows that it would have the most damaging impact on the British economy, how could such an act of economic self-harm ever be justified?”