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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“If the technology that could keep the border between Northern Ireland and the Republic as it is today existed, there would be no need for the backstop. The Solicitor General knows that that technology does not exist, and no one can say when it might become available. In those circumstances, will he please explain to the House how the Government can credibly ask for either a time limit or a unilateral exit clause, particularly when he knows that the EU has made it very clear that it has no intention of giving either?”
“This is the latest and the most serious in a series of announcements and warnings from the UK car industry about its future operations in this country. I know and the House knows that the Secretary of State fully understands what a dangerous moment this is for the future of that industry. May I therefore simply wish him, and some of his colleagues whom I can see on the Government Benches today, well in persuading the Government to abandon the idea of a no-deal Brexit? He knows probably better than anyone else in this House what a disaster that would be for the future of British car manufacturing.”
“The Secretary of State just told the House that he has put proposals to Michel Barnier. Can he therefore explain why Donald Tusk said yesterday that the EU27 are “still waiting for concrete, realistic proposals from London on how to break #Brexit impasse”?”
“It is now more than two weeks since the Brady amendment was passed, more than two weeks since the Malthouse compromise was seized upon like a thirsty man grabs at a drink in the desert, yet I fear it is a mirage. We all know that the search for alternative arrangements to keep an open border in Northern Ireland did not start two weeks ago; it has been going on for about two years. The best minds, the best negotiators and the best brains have searched, but they have not found. Those arrangements do not currently exist, a point made forcefully by the former Taoiseach, Bertie Ahern, in his evidence to the Exiting the European Union Committee yesterday, and it is why Donald Tusk said yesterday that he is still waiting for proposals from the Government.”
“Member for Meriden (Dame Caroline Spelman) two weeks ago, and which was passed, but that his hands are tied by legislation. Well, I have a message for him: untie your hands and change that legislation. It is no wonder that the rest of the world looks at this country with utter astonishment and amazement at what we are doing to our economy, our country and our future, and it should not need to be said in this House that our economy, the investment that goes into it and the jobs we hope our children will get depend entirely on the decisions that thousands of businesses make about their future. What are we offering them? The Prime Minister said this week, “Hold your nerve.” I am entitled to ask, hold our nerve for what?”
“We have heard about Airbus, Nissan, Jaguar Land Rover and, most recently, Ford. Look at those that export from Britain. We have spent much of this week debating the fact that the trade deals we were promised would be rolled over by now are not all going to be rolled over. The truth is that we are not ready and we are not prepared. Most Members know that no deal cannot possibly be allowed to happen, yet it remains—we heard it again from the Dispatch Box today—the official policy of Her Majesty’s Government that they will allow it to happen. I was genuinely puzzled when the Secretary of State said that he respects the amendment tabled by my hon. Friend the Member for Birmingham, Erdington (Jack Dromey) and the right hon.”
“He told me that his largest customer had rung him up and said, “Can you promise me that if there is a no-deal Brexit, you will be able to continue to fulfil my orders?” He looked at me and said, “What am I meant to say to him, because I don’t know the answer?” I had to look at him and say, “Well, I don’t know the answer either.” I wonder whether the Under-Secretary of State for Exiting the European Union, the hon. Member for Daventry (Chris Heaton-Harris), will be able to tell him what the answer is, because that man’s fear—we heard this from my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper)—is that his big customers will say, “We’re not taking the risk anymore. We’re taking our business somewhere else.” Look at the companies that manufacture in Britain.”
“Official figures from the Netherlands Foreign Investment Agency showed this week that 42 companies relocated to the Netherlands last year citing Brexit as the reason. Other firms have no idea what to prepare for. Last week, I was on a train and the man opposite me leaned over and said, “Can I ask you a question?” I said, “Of course.” He runs a small firm that makes products, and he sends his fitters out across Europe to fit them for their suppliers.”
“What a mess. What a complete and utter mess our country is in. There are just 43 days to go before we leave the European Union and, as we currently do not have an agreement, we are staring down the barrel of leaving with no agreement at all. I urge the House to lift up its eyes from the Order Paper, the amendments, the whispered conversations, the scurrying of the Whips, and the scripted exchanges that we saw earlier, which I have to say reminded me at times of a badly written play in which some of the actors did not seem to know their lines, and actually look around at what we can see. We know that companies that export to Europe and companies that provide services to Europe are in a state of despair. Some of them are spending millions of pounds on preparing for the worst, including moving their operations across the channel.”
“My hon. Friend is, of course, entirely right. Nothing I heard from the Prime Minister on Tuesday and nothing I heard from the Secretary of State at the Dispatch Box today persuades me, or anyone else, that those alternative arrangements will miraculously appear in the 43 days that remain.”
“As the Father of the House pointed out in his wonderfully eloquent speech, we have no idea what Brexit actually, finally, means, because the Government have refused to make the choices that confront them and have failed genuinely to reach out across the House. Nothing illustrates that more clearly than the example of a customs union. In her heart, the Prime Minister knows that, if we want to keep an open border in Northern Ireland and if we want to keep friction-free trade, we will have to remain in a customs union with the European Union, yet she cannot bring herself to confirm that fact, not because it would be economically damaging—it would be quite the opposite—but because it would be politically damaging to the party she leads.”
“The backstop is, indeed, an insurance policy, and we cannot put a time limit on it, because it would not be an insurance policy if it is not there when it is needed. We cannot allow one side to withdraw unilaterally. The tragedy that the backstop illustrates is that we are spending all this time on something that is necessary because the Prime Minister created the problem in the first place when she casually announced that we are leaving the single market and the customs union, probably not thinking through the consequences that have brought her to this point. We have these debates every two weeks, but we are spending barely any time focusing on the real problem.”
“In most of my previous speeches I talked about where I would like to go, but the fundamental problem is that we have not debated what we want Brexit to look like. Future generations will look in puzzlement at the way in which the negotiations have been structured. One day I will see the Prime Minister stand at the Dispatch Box and say, “I am applying for an extension to article 50,” and at that moment the stranglehold of 29 March will be broken, the Members who have been humoured will discover that they were led a merry dance in their belief that we would, in fact, leave with no deal on 29 March and the question will then be asked: what do we use the extension for? At that moment, we will no longer be able to hide from the choices that need to be made, and I, for one, look forward to that happening.”
“Two weeks’ time will be decision day on whether Parliament is going to take for itself the means to prevent a no-deal exit from the European Union, so long as the Government continue to stand at the Dispatch Box and refuse to give the House the assurance it is entitled to receive, especially given the amendment passed two weeks ago. I am one of the proud sponsors of the Bill, in its new and improved form, tabled by my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), and I will enthusiastically support it in the Division Lobby if the amendment is chosen. Whatever our different views about where we should go afterwards, I hope the one thing that will unite the House is that almost everyone—not everyone, but almost everyone—agrees that we cannot leave with no deal.”
“I can only bow in admiration to the clarity with which the right hon. and learned Gentleman makes that point. We know that is where we will have to end up, and humouring those who refuse to recognise it is where we will end up, while the national interest is being threatened, is not what I regard as the leadership that we have a right to expect from any Government in this country. If the Prime Minister were genuinely to reach out, even at this late stage, I would welcome it, but we are careering towards a cliff. She is at the wheel and the Cabinet are sitting on the back seat. At some point, they will have to decide to lean over and take the steering wheel off her. If that does not happen, a no-deal Brexit might come to pass. We know that today is not the day when we will take that decision, but in two weeks’ time we will.”
“The past two and a half years have been a very painful process, as the wild and optimistic promises about what could be achieved from the Brexit process have collided with reality. That includes what the Secretary of State said to the Conservative party conference in the autumn of 2017. The question I wish to put to him is simply this: why does he think that it has proved so difficult to roll over all these deals, when he told that conference that it would be a very easy thing to do and he was confident of achieving it?”
“How are you feeling?” Imagine being those members of staff, absolutely on the frontline, the day after one of our own had been murdered along with the tourists and others killed on the bridge. At that moment, the visitors who came by were directed, as the conversation was interrupted, and would have had absolutely no idea—we talk about the great and the good—that the man standing there in a raincoat with a slightly skew-whiff white bow tie, talking with care and compassion to our staff, was Sir David Lionel Natzler KCB, the Clerk of the House of Commons. That is typical of the man to whom today we pay such deep and heartfelt tribute in wishing him and all his family the very best for the future.”
“I greeted him cheerily and said, “So, how long does it take you to cycle in every day, David?” and he looked at me with a stern face and then his eyes twinkled and he said, “About a minute longer every year.” If my maths is any good, after 40 years that must be a hell of a bicycle journey into the House of Commons. The second memory is of a much more sombre and sad occasion. It was the day after the murder of PC Keith Palmer. I think I was walking back from 4 Millbank, and I decided to come in through St Stephen’s entrance. There I found two of our wonderful staff who greet the visitors every day, and who else but David, who had come out to ask them, “How are you?”
“Thank you very much indeed, Mr Speaker. I join all those who have spoken so eloquently and beautifully in tribute to Sir David in rising to share with the House just two memories of him. It is a great pity that he is not present. I do not know whether it is natural modesty on his part or a tradition of the House that the Clerk is not here in person to hear the tributes. If it is the latter, there is an act of modernisation yet to come, and I hope that those who lead on such things will take due and careful attention. Reference has been made to Sir David’s wit, and I first encountered it one sunny morning when I arrived off the underground and came across Sir David getting off his bicycle in New Palace Yard.”
“Although strength in pursuit of a principle is to be admired, inflexibility and denial in the face of the facts is not, especially when the future of the country is at stake. The facts are that alternative arrangements for the Northern Ireland border were examined extensively last summer and found wanting; that the EU has made it clear that it will not reopen the withdrawal agreement; that the rolling over of the trade deals that the Father of the House referred to is not going well; and that businesses are spending millions of pounds and pulling their hair out because they fear the prospect of a no-deal Brexit on 29 March. I do not believe that the Prime Minister would do that to our country. I do not think that Ministers would allow her to do it, so why does she continue to pretend that she might?”
“Given the difficulties that he just referred to in working out who will take that responsibility, does he think there is any potential for the United Nations to agree to an international tribunal where these cases may ultimately be brought, so that the individuals who murdered people in cold blood and raped and tortured them can finally face the justice that they deserve?”
“Given what the people of Iraq and Syria faced when ISIS/Daesh suddenly acquired control of large parts of territory, what has been achieved in the years since is really quite remarkable. I am sure the whole House will want to join the Foreign Secretary and the shadow Foreign Secretary in welcoming the near-final defeat on the battlefield, if not in ideology, of this bunch of fascists. The Foreign Secretary referred to the mass graves that have been uncovered. Since the UN report in November, further graves have been found in places such as Tabqa and Palmyra. Who is taking responsibility for collecting forensic evidence, so that those who have committed these crimes can be brought to justice?”
“I am all for optimism, but I somehow doubt that the EU is for turning on this issue either. Unless the Prime Minister knows something that we do not, I do not see how it is going to be changed.”
“I think we all realise that today’s debate is predominantly about process, but that cannot hide one essential truth: we are facing a crisis; our country is in a state of suspended animation because of that crisis; and the intemperate nature of the debate—partly here today and certainly outside the Chamber—is a consequence of that crisis, because in truth every single one of us present is anxious about what is going to happen to our country. Following the defeat of the Prime Minister’s withdrawal agreement and political declaration, she said that she would reach out, and I welcomed that, although it would have been much better had it been done two years ago. We now know that she is not for turning on the political declaration but seeks somehow to change the backstop.”
“I fear that my hon. Friend is right, as the Prime Minister will find out. She will have to return to the House, I suspect, and say, “I am sorry, but I could not get the thing to which some Members object removed.” I simply say that if Members do not want Northern Ireland and the rest of the United Kingdom to have different rules, and if they want to ensure that, in all circumstances, goods can flow freely without tariffs, delays, paperwork or checks then it is the political declaration that needs to be changed.”
“Until that central issue is addressed and until the Government are honest with the House about the choices that we have to make, we will continue to remain in our current state—businesses will continue to remain uncertain about their future and, frankly, the public will continue to ask us, “What on earth is going on?” That brings me to the amendments that seek to prevent us from leaving the EU without an agreement in just 59 days’ time.”
“Other Members have different views, which is why I put down the amendment calling for indicative votes as recommended by the Select Committee. Although the Prime Minister today appeared to be unenthusiastic about indicative votes, she spent most of her speech hoovering up indicative suggestions, mainly from those on her own Benches. I gently say to her that, one day, she may find herself climbing into the “little rubber life-raft”—to quote a former Prime Minister—of indicative votes.”
“Well, in truth, it is very hard to see what she can come back with if my right hon. Friend is correct in his assessment. It is odd, to put it very gently, that we are spending so much time on the backstop, which is something that the Government signed up to more than a year ago, when we really should be debating the most important issue: the future of our relationship with our European neighbours. The reason why the defeat was so large, certainly in relation to those on the Opposition Benches, is that we are not prepared to sign up to a deal that, far from giving the nation certainty about the future of that relationship, has shrouded it in fog and mist that is entirely of the Government’s own making. My preferred approach, as Members will probably know, is to be part of the European economic area and a customs union.”
“I know there are those on the Government Benches who say, “Oh, it’s all exaggerated.” What I do not understand is why it is that they, with great respect, appear to know more about the consequences of no deal than do the businesses that import things, that make things and that export things.”
“I say to the right hon. Gentleman, as I have said to the House before, in the end, if we are to make progress, people will have to compromise. It is a very British tradition, which seems to be somewhat lacking in the process at the moment. The Select Committee took a lot of evidence and we came to a very, very stark conclusion, and I will quote what we said: “A ‘managed no deal’ cannot constitute the policy of any responsible Government.” I do not think that that conclusion will come as a surprise to the Prime Minister. She knows it, most of the Cabinet know it, business knows it and the House knows that the damage that would be inflicted, and the sheer practical difficulties of leaving on 29 March, mean that this is an outcome that cannot possibly be contemplated.”
“No, I will not give way. Those businesses do not want tariffs, bureaucracy, delays and checks. The truth is that no one has any idea about what customs officers in Calais will do on the first day and the second day if there is a no-deal Brexit, but, eventually, those officers will have to start checking goods, because we will be a third country. Every lorry that is stopped—”
“Although many of us may still cling to the hope that the Prime Minister will not take us out of the EU with no deal, I am not absolutely sure. That is why I will vote enthusiastically for amendment (b) in the name of my right hon. Friend the Member for Normanton, Pontefract and Castleford and amendment (g) in the name of the right hon. and learned Member for Beaconsfield (Mr Grieve).”
“No. The lorries will be backed up from Dover, and a lorry stuck on the M20 cannot be in Germany to pick up the car parts that car plants in Britain require in order to function. When we add in what my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) said about security in her powerful speech, as well as the uncertainty for citizens here and abroad—maybe some British citizens will feel that they must return to the United Kingdom because of that uncertainty—then we realise why this is a prospect that cannot be contemplated. I would not want to be the Government who had to explain to the British people why these things were happening, when the Government were responsible in the first place.”
“Friend the Member for Normanton, Pontefract and Castleford in effect bringing forward a private Member’s Bill and, through her amendment— if it is successful—putting it on the Order Paper for 5 February.”
“If we have been able, in the negotiations thus far, to reach agreement on something as specific as no tariffs, there is no reason in principle that we cannot do the same with all the other things that need to be sorted out. If that did happen, the fears on the Government Benches and the Opposition Benches about what the future relationship might look like could be resolved, and at that point, while remaining members of the EU, we could vote on whether we accepted the withdrawal agreement. While I very much hope that the House of Commons will take control of the process, I absolutely agree with the right hon. and learned Member for Beaconsfield, when he said that there is nothing unconstitutional about us doing our job. There is nothing unconstitutional about my right hon.”
“As the Prime Minister is asking for suggestions, here is mine: we should ask the European Union now to negotiate the details of the future relationship. When the EU says, “Well, we can’t do that; of course we can’t sign an agreement,” we can point to paragraph 23 of the political declaration, which mentions “no tariffs, fees, charges or quantitative restrictions”. It talks about building and improving on “the single customs territory…which obviates the need for checks on rules of origin.” Note that it says “no tariffs”, not zero tariffs. No tariffs means a customs union. The problem is that the Prime Minister cannot bring herself to say those words.”
“I shall also vote for amendment (j) tabled by my hon. Friend the Member for Leeds West (Rachel Reeves), and amendment (i) in the names of the right hon. Member for Meriden (Dame Caroline Spelman) and my hon. Friend the Member for Birmingham, Erdington (Jack Dromey). Whatever happens, it is now quite clear that we are going to need more time. One day, the Prime Minister will stand up at the Dispatch Box—unless she is required by the House to do so before then—and say, “I am now applying for an extension to article 50.” Although she may not be willing today to face up to the real choices that confront us, the day will soon come when she will have to, because there is a choice to be made in this House about the future relationship that we want.”
“I am concluding. We pass private Members’ Bills every year and there is nothing wrong about that. We need to take control of the process because the Government have clearly lost control of it. The moment will come when we have to decide what we want, and not just how we get to the point of decision. For any progress to be made on that in future, what we will need more than anything else—the right hon. Member for West Dorset (Sir Oliver Letwin) alluded to this in his intervention—is open minds, rather than minds that are closed to the risks that are now facing our country.”
“In a week in which P&O has announced that it is reflagging its entire cross-channel fleet in Cyprus, Sony is following Panasonic in moving its European headquarters from the UK to the Netherlands and Airbus has warned of potentially very harmful decisions if the UK crashes out without a deal, including future investment going elsewhere— I would definitely describe that as sub-optimal— when are the Government going to make their own announcement that under no circumstances will they allow the UK to leave without a deal, so we can stop this slow and damaging haemorrhage?”
“I want to ask the Minister a very simple question, to which I would appreciate a direct answer. How many of the 40 or so agreements on which an arrangement has been reached to roll them over have been signed as of this morning?”
“Further to that point of order, Madam Deputy Speaker. First, if the Government Whip had not said, “Not moved,” we would now be in the debate on the motion. If we had had that debate, I would have spoken against the amendment of the hon. Member for Christchurch (Sir Christopher Chope), so at what point would those who had put down amendments have known that they would be put to a vote? Secondly—maybe the Leader of the House can assist with this—have you had any indication that the Government intend to move the order relating to private Members’ Bills days at some point in the future? If so, when might that be?”
“Given that the Prime Minister has twice asked this afternoon, “Well, what will secure the support of the House?”, will she put those proposals to the vote?”
“Last Wednesday, the Prime Minister said to the House that she would reach out to try to find a way forward on the crisis facing our country, but having listened to her statement, I am sorry to say that while her door may have been open, her mind has remained closed. She has rejected stopping us leaving the EU with no deal, even though she knows that no deal would be disastrous, and she has rejected remaining in a customs union, even though she knows it is an essential contribution to keeping an open border and maintaining friction-free trade. Last Wednesday, the Select Committee on Exiting the European Union published a report identifying a number of alternative ways forward, and recommended that they be put to the House in a series of indicative votes.”
“The Attorney General’s use of the airlock analogy is very striking, but does he realise that the reason many of us will vote against the deal tonight is that on the other side of the second airlock is a complete vacuum about our future relationship with our biggest, nearest and most important trading partner?”
“If this House cannot agree, apart from deciding that we do not want to leave with no deal—in other words, if this House remains deadlocked, which is a possibility—someone else will have to decide. In all fairness, I have to say that I can see no other way of doing that in those circumstances than by resolving to go back to the British people and asking them what they think.”
“And then there is the question of process: how do we enable any of the different approaches, if we can agree on them, to be negotiated with the European Union, and how can we do that when we are running out of time? I think it is now inevitable that article 50 will need to be extended, whichever option the House of Commons chooses, assuming we can reach agreement on something. I support a series of indicative votes and I support the Bill that the hon. Member for Grantham and Stamford (Nick Boles) and others have tabled, which, if approved, would give the House the legal means to give effect to what we decide, including on whether to extend article 50.”
“But if she does not do any of those things, the House of Commons will have to move swiftly to enable us to decide what we can agree on because, as the Prime Minister rightly said, the House of Commons can say what it is against, but in the end it will have to be for something. So we need to decide what a different policy might look like and how we get there. One option is undoubtedly to leave without a deal. Some Members favour that, as we have just heard, but many of us think it would be a disaster—by the way, so do the Government. So let’s give the House of Commons a chance once and for all to make it clear what it thinks of that. Then there are the alternative deals. There is Canada with a variety of pluses attached. There is the EEA and a customs union—which is what I have been arguing for—or a variation on that.”
“I want to address what happens next, if, as seems likely, the Prime Minister’s deal is defeated this evening. The first question is “What will the Prime Minister do in that event?” Until yesterday, I thought that she might say “I am going back to Brussels to secure some more assurances”, but that route now appears to be blocked in the light of the letter that she brought to the House’s attention yesterday. I would like to think that she would take a bold step—that she would reach out across the House to look for a consensus, would say that she was prepared to consider a completely different approach, or would even announce that because she still believed in her deal, she would take it to the British people and ask them what they thought. That really would be political leadership.”
“If this is not possible, and if the Government will not reach out, then we as Parliament must take responsibility. That would not be us subverting democracy in any way; it would be us doing our job—it would be taking back control. The draft Bill I referred to earlier, and which I support, will give us the means to do so. It proposes to ask the Liaison Committee to take a role. It could be amended to give that responsibility elsewhere—”
“I acknowledge that that would be difficult, but it would be the sensible thing to do and who knows where the EU will be in two or three years’ time, which we all know is how long these negotiations will take to complete. Indeed, if the EU were to say to other countries, not just to the UK, “You’re not going to get what you want if you leave, but if you remain then there is the possibility of reform,” that would be the kind of leadership that the EU could potentially offer. I do not know whether there is the strategic vision in the EU to do that, but it should provide it because the forces present in Britain are present in all of its member states and reform, including on free movement, would be in their interests as well as in ours.”