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…”
The complete record
Every one of 6,304 lines we hold for Hilary Benn, in date order, each linked to its source. Free to read, in full, without an account. Page 44 of 127.
“May I begin by apologising to you, Madam Deputy Speaker, to the Secretary of State and to the shadow Secretary of State for not being present at the start of the debate? As Mr Speaker was aware, I was questioning the Prime Minister as a member of the Liaison Committee on the subject we are debating now. I listened to the speech by the hon. Member for Wycombe (Mr Baker) and respect the passion with which he advocates his position, although I profoundly disagree with it.”
“When I questioned the Prime Minister earlier, she indicated that the Government were hoping to get most of the arrangements for the facilitated customs arrangement in place in time for the end of the transition period, but the Minister will be aware that previous Ministers, when talking about its antecedents—its parents, if you like: the customs partnership and max fac—openly acknowledged that they would not be ready until some time after the transition period had come to an end. This is very novel, and it is untried, untested and not yet agreed, but if that proved to be the case, will the Minister tell us what would fill the gap?”
“and learned Friend the Member for Holborn and St Pancras (Keir Starmer) talked about bureaucracy, and about whether any such arrangement would be ready in time for the end of the transition period. There are many of us in the House who think that remaining in the customs union would be a much better way of achieving the frictionless trade that many of us want to see.”
“Just as the Prime Minister is hemmed in by the disagreements within her own party, so is her proposal hemmed in by the red lines that the Government have laid down. The question that arises is: if the proposal does not fly, where on earth is the Prime Minister to go? There are two great questions, in the light of the White Paper. First, is the EU going to agree to what has been put forward? Secondly, is there a majority for it in the House of Commons? The first question arises particularly in relation to the facilitated customs arrangement. Bluntly, will the European Union agree to let a third country—because that is what we will be when we have left—collect tariff revenues on its behalf? I have yet to be persuaded that it will agree to that. My right hon.”
“Gentleman, although this is a debate for another day, that the European Union is by no means perfect, and that we need to find a new balance in our relations between self-government and international co-operation rather than destroying it, because the challenges that we face as a world will absolutely require co-operation between nation states in order to solve them. This is about balance; it is not about destruction. We have certainly arrived at a particular moment in the Brexit process. It would be churlish not to acknowledge what the Prime Minister did at Chequers to bring most of her Cabinet together, but whether we are any further forward in practice is debatable. The truth about the White Paper is that it is a political construct as much as it is an economic one.”
“I am sure that those with whom the hon. Gentleman worked will appreciate that, but there are particular civil servants who appear to have been singled out for his criticism, which I think is unfair. When we hold elected office as Ministers—there are many in this Chamber who have had that experience—it is our responsibility to take decisions and to lead. If things go wrong, we cannot blame the people who support us in our work. That responsibility falls on our own head. I also say to the hon.”
“I will be delighted to answer the hon. Gentleman’s question when we have a deal— [ Interruption. ] We do not have a deal. We have a proposal. It is an opening bid. The time for the House of Commons to make that judgment, as the right hon. Member for Sutton Coldfield (Mr Mitchell) said, will be when the House takes the final decision. At that time, the hon. Member for East Renfrewshire (Paul Masterton) will see what stance each individual Member takes.”
“I will not allow the hon. Lady to get away with putting the responsibility for the difficulties that the Government and the governing party are in, which are of their own making, on those of us on the other side of the House.”
“I am not going to enter into that debate, either. The fundamental truth is that those in Brussels look at the chaos on the Government Benches, created by the efforts of Conservative Members of Parliament, and that weakens our ability to get a deal that is in the national interest. I do not know whether the hon. Member for Chelmsford (Vicky Ford) voted in favour of the customs union amendment yesterday.”
“I believe that there is a natural majority in the House for a sensible Brexit that ensures frictionless trade, protects the economy, keeps an open border in Northern Ireland and maintains sensible co-operation on defence, foreign policy, security, the fight against terrorism, consumer safety, scientific research, the exchange of data and broadcasting. Our task now is to enable that majority—there is no majority for no deal—to give expression to itself. The sooner the Government seek that out, the better it will be for the country’s future.”
“That is true of the United Nations, it is true of the European convention on human rights, and it will be true of the WTO if we end up retaking our seat as an independent country. Are we really going to impale the future prospects of the British economy on red lines that arise from an utter state of dispute about the question of our sovereignty and how we need to exercise it? The Prime Minister now needs to build a consensus, but she will not do so by giving in at the first rustle of incoming letters to the chair of the 1922 committee.”
“On the free movement of people, we will obviously have to wait for the White Paper, but that is one of the single most important issues raised with the Exiting the European Union Committee by those who have given evidence. The question of sovereignty goes to the heart of all of this, because the objection is that we are somehow going to enter into a state of vassalage—a word that I was not familiar with before it was uttered by the hon. Member for North East Somerset (Mr Rees-Mogg). However, the truth is that this country, which has never ceased to be sovereign, chooses to enter into agreements with other countries in which we agree to abide by the rules of the relevant organisation.”
“They produced one in June and said, “There’s a bit missing,” which related to the rules on regulation, so will the Minister say whether, now that the Government have embraced a common rulebook, they plan to apply that to the backstop? It would be helpful if we could understand that. On services, I echo what my right hon. and learned Friend the Member for Holborn and St Pancras said. Free movement apart—I accept that issue—I do not really understand why the Government have turned their back on a common rulebook for services, especially given what the Prime Minister said in her Mansion House speech about trying to maintain the same approach.”
“I answered it. I do not know how the hon. Lady voted yesterday, but the customs union amendment would have been a way of providing much greater certainty to those with whom we are negotiating. On Northern Ireland, the White Paper basically says nothing more about the backstop, and the reason why we do not yet have a withdrawal agreement is that there is no backstop proposal. All the discussion about the facilitated customs arrangement and the political declaration is for later, because if we do not get a withdrawal agreement, we will not get on to that, and we will not get a withdrawal agreement until we have a backstop proposal from the Government.”
“The Prime Minister rightly said in her statement that the United Kingdom is “unconditionally committed” to Europe’s security, but over the weekend President Trump described the European Union as a “foe” and the German Foreign Minister Heiko Maas said that Europe can no longer completely rely on the White House. Does the Prime Minister share that assessment and, if not, why not?”
“On the important issue of rules of origin, which my hon. Friend has just raised, we have heard the argument from some people is that it is not a problem. If it is not a problem, then why do the Government, in paragraph 23 of the White Paper, state that the UK is proposing “no routine requirements for rules of origin between the UK and the EU”?”
“My hon. Friend speaks with great experience on these matters. Does he agree that small businesses may not be able to accommodate the additional costs he mentions from tariffs, rules of origin—we discussed those earlier—and customs declarations, which may exceed the profits they make on the goods they sell? Small and medium-sized enterprises would be most adversely affected by a no deal situation, which some Government Members argue we should contemplate with equanimity.”
“If not, what arrangements do the Government propose to put in place to cover the gap there would then be between that date and the date on which the new arrangements would finally and fully come into effect?”
“May I say to you, Mr Speaker, that I hope a new principle has been established today that, in future, Members of the House will receive copies of White Papers at the same time as members of the fourth estate? In welcoming, genuinely, the Secretary of State to his post—a post that has many challenges—may I suggest that he organise a briefing for Members of the House, with officials, on the White Paper, in line with the very helpful briefing that was held on Monday on the Chequers agreement? In the statement on the Chequers agreement, the Government said that they would “commit by treaty” to ongoing harmonisation with EU rules on goods. If the facilitated customs arrangement is agreed by the EU, will it be ready to be implemented by 31 December 2020?”
“The Prime Minister welcomed the new Secretary of State for Exiting the European Union to his post, and I join her in doing so. The Exiting the European Union Committee looks forward to seeing him appear before us very soon indeed. The Government have indicated that the facilitated customs arrangement, even assuming the EU were to agree to it—a question about which there must be a great deal of doubt—will be fully operational only by the time of the next general election in 2022. Will the Prime Minister therefore now confirm to the House that, in light of that, the current transitional arrangement, which expires in December 2020, will inevitably have to be extended?”
“It is, sadly, all too clear that, as well as destroying people’s homes, as we have heard today, the Government of Israel are in the process of severely damaging their international reputation when it comes to respect for the rule of law. Given all the criticism that the right hon. Gentleman has made from the Dispatch Box and other countries have echoed, why does he think the Government of Israel feel they can get away with doing what they want?”
“Can the Secretary of State update the House on the Syrian assault on the province of Daraa, in which some 750,000 civilians are now effectively trapped—the border with Jordan has been closed for some time? There are also reports that opposition forces are negotiating to hand over some of the towns to the Assad regime. Also, is there anything that he can tell the House about the efforts that are being made to recover the body of Anna Campbell, who died fighting with the Kurdish YPJ?”
“Since the Prime Minister has now wisely accepted that we would be willing to respect the remit of the European Court of Justice when it comes to co-operation on security and EU agencies, will she please explain to the House why she is so opposed in principle to doing the same when it comes to participation in the internal market and the customs union?”
“We also call on the Government to ensure that Parliament is given a meaningful vote on the final text of the agreement with the EU that will cover the UK-EU relationship in the years ahead. The report says: “The debate on the motion for approval of the Withdrawal Agreement and Political Declaration will be one of the most significant parliamentary debates in a generation.” We all want to do that moment justice, and I hope that our report will assist the House in doing precisely that.”
“Assuming that a withdrawal agreement and political declaration is concluded, we will have only 21 months from the date of our withdrawal to the end of the transition period in December 2020 in which to turn a political declaration into legal text on the future relationship and for such a treaty—and it could be more than one treaty—to be ratified. I think we all know that the negotiators will be dealing with a task that is frankly unparalleled in its scope and complexity and in the detail that will be required. There is a possibility that this will prove insufficient time to do all that work. We therefore call on the Government to seek that a mechanism be put into the withdrawal agreement for the extension of the transition period if that is required.”
“The Committee remains concerned that the looming deadline of March next year leaves very little room for manoeuvre. We call on the Government to publish details of their intended legislative timetable, the publication dates of any White or Green Papers, and any contingency plans for handling a no-deal outcome. We reiterate the recommendation in our third report that the Government should be prepared to seek a limited extension to the article 50 period in the event that substantive aspects of the future relationship remain to be agreed, or if there is a lack of parliamentary consent to the withdrawal agreement, or if there is no deal. However, we do recognise that it is by no means certain that the EU would respond positively to such a request. Finally, I turn to the negotiations on the future relationship.”
“In considering an amendable motion, the House of Commons would have the opportunity to make its reasoning clear in any decision to reject the agreement or to place conditions on it. In such circumstances, the House would surely expect the Government to take full account, to seek to re-enter negotiations if required, and then to come back to the House with a further motion. That is why we say in our report that it is important for Parliament to be able to express its view clearly and advise the Government on how to proceed. The Government would then need to return to the House with any renegotiated text and resubmit the motion, because they cannot introduce the withdrawal agreement and implementation Bill until Parliament approves the agreement.”
“As the Committee heard from Guy Verhofstadt MEP last week, the European Parliament needs three months in which to consider and give its consent to the agreement before the EU can conclude it. He said that the Parliament must receive the deal by the end of this year, or it will not have enough time to vote on it by March next year. Then we come to the meaningful vote in the House. If we approve the agreement, matters can progress, but what if we choose to place some conditions on our approval? What if we reject the agreement? What if the European Parliament rejects it? The Secretary of State has previously said that the House of Commons voting down the deal would mean the UK leaving without a deal, but the Committee does not accept that.”
“It is also a cause of growing concern to business, as we have seen in the last couple of weeks, and there is still no agreement on the backstop to prevent the return of a hard border between Northern Ireland and the Republic. Today’s European Council was once billed as a “make or break” meeting on the Irish border, on which progress would be needed to keep the negotiations on track, but that does not seem likely either now. If there is no agreement until November or the end of the year, that will leave even less time for Parliament properly to scrutinise the proposed deal and to put in place the required legislation by March 2019—and, of course, we are not the only Parliament that must approve the agreement.”
“Now, let us imagine for a moment that the withdrawal agreement and political declaration are not finalised at the October Council. Given where we are, that would not be surprising. Indeed, the draft conclusions from the European Council suggest that there will not be a breakthrough in negotiations today or tomorrow. On the contrary, the EU is saying that we need to speed up the process—although I would observe that it takes two to move faster—and it wants much greater clarity about what the UK is seeking for the future partnership. The fact that, two years after the referendum, Ministers have yet to reach agreement on what kind of customs arrangements they would like with our biggest, nearest and most important trading partner reminds us how much more is still to be done.”
“Given that it took more than 11 months for the European Withdrawal (Withdrawal) Act 2018 to complete its passage, that is not a lot of time for the scrutiny that will be required. We then need to add to that the 21-day CRaG process—which relates to the Constitutional Reform and Governance Act 2010—for the ratification of treaties, which is likely to take place in parallel with the withdrawal agreement and implementation Bill, and the time required for other Bills to do with Brexit, and statutory instruments that will need to be passed before exit day. We shall be legislating for a new immigration system, a new customs system, new systems for agricultural support, a new legal basis for management of our fisheries, and lots of other things. When we consider all that, the scale of the task becomes very clear.”
“We recommend that the Business of the House motion should make it possible for the Speaker to select a series of different amendments, and we are asking the Procedure Committee to advise on how that could best be done. If this House and the other place approve the withdrawal agreement, the Government will introduce a withdrawal agreement and implementation Bill to give effect to it in UK law. The Bill will have to receive Royal Assent before we leave the EU, because otherwise the UK would be bound by the agreement without the legislation to implement it. That would put the country potentially in breach of international law, and would create legal uncertainty for businesses and citizens. We could have just three to four months, or approximately 60 to 70 sitting days, in which to pass the Bill.”
“Let me say first that time is very tight. Even if we secure a withdrawal agreement and a political declaration at the October Council—and that must now be in doubt—the Committee will expect to take evidence from the Secretary of State as soon as possible thereafter so that we can report to the House. That would probably take us to about mid-November for Parliament’s debate and meaningful vote to approve the agreement. We recommend that the debate should last at least five days, which is the amount of time that was provided in 1971 for the House to debate whether we should join the common market. This will be a very important moment, and the Committee believes that the debate will need to be managed in a way that gives the House an opportunity to express its opinion clearly.”
“I thank the Backbench Business Committee for giving me the opportunity to present the sixth report of the Exiting the European Union Committee, on parliamentary scrutiny and approval of the withdrawal agreement and negotiations on a future partnership. I am grateful to all those who gave evidence to the Committee, including two Ministers from the Department for Exiting the European Union—and it is good to see a third here today. I am also grateful to the terrific team who support us in our work, and to all the members of the Committee. On occasion we are not able to agree on everything, but that is the nature of Brexit. The Committee thought that it would be helpful to the House to set out the task that will face us as the process of leaving the European Union unfolds, and that is what the report covers.”
“We also highlight the fact that it is important that Parliament is able to scrutinise any future trade deals properly, whether they are negotiated by the European Union on our behalf because we end up remaining in the customs union—the Committee has not reached a view on that issue, but it is a matter of debate in the House—or they are negotiated by the Government.”
“The hon. Gentleman, who is a valued member of the Select Committee, has raised a very important point that is highlighted in the report. It is clear, leaving Brexit to one side, that there is growing wish on the part of this Parliament, and Parliaments across Europe and around the world, to have a say in approving trade deals that may be negotiated in future, because they increasingly have an impact on many aspects of our national life. It is important, as we say in the report, that Parliament can have a meaningful vote on the future trade deal that we have with the European Union when the negotiations are concluded—in time, we hope, for the end of the transition period.”
“The view of the Committee is that Parliament should be able to offer advice to the Government and then the Government will have to respond. If the agreement is not approved—or if conditions are put on its approval—in the House, any Government, in any circumstances, on either side of the negotiations, would have to reflect on that and work out what they were going to do.”
“We say that Parliament should be able to express its view—that we in Parliament should be able to offer advice— and the Government should listen to that, but clearly it would be for the Government to go back and negotiate. This also links to the recommendation about an amendable motion. When the Secretary of State came to give evidence, I asked him, “Will the motion to approve the withdrawal agreement be amendable”, and he indicated that it would be. I think he said, “Show me a motion that can’t be”; I paraphrase. In those circumstances, Parliament might want to say, “The whole thing’s fine”, or it might want to say, “All these bits are okay but we have reservations about this, or we’d like to see that included.” My personal view is that Parliament should be entitled to do that.”
“I am grateful to the hon. Gentleman for his kind words. We feel pretty busy already. I cannot promise that I will always make a statement on every one of our reports, because that is in the hands of the Backbench Business Committee. The scenario that the hon. Gentleman describes is a possibility. It is not unknown in negotiations where two parties are discussing an agreement for them to report back to their members—in this case, Members of the European Parliament and Members of the House of Commons—and then return to the table and say, “I’m sorry but it didn’t go down terribly well with the members in this respect. Can we talk about what we are going to do about this?” It is possible that that situation might arise. That is why we thought it important to set out in the report what we think ought to happen.”
“We call on the Government to confirm whether the inclusion of such a clause is one of its negotiating objectives.” We wait to see what the Government say in response. As things stand at the moment, the commitment has been made to pay the money as part of the withdrawal agreement, and it is not linked to the future partnership and the treaty negotiations on that, which we hope will be concluded by December 2020.”
“I am grateful to my right hon. Friend for his question and for his sterling service on the Committee. That is indeed a possibility due to the way that the draft withdrawal agreement is constructed at the moment. The commitment to pay the outstanding moneys that we owe, which the Government have accepted, is part of that agreement and not conditional on what may transpire in the negotiations on the future partnership. There has been some debate on this subject; indeed, we questioned Ministers on it when they appeared before the Committee. We say in the report: “We note that the Government has not yet secured a clause in the Withdrawal Agreement linking the financial settlement to the satisfactory conclusion of negotiations on the framework for the future relationship.”
“I still hope and believe that agreement will be reached because, frankly, neither side in this negotiation should contemplate with any equanimity the prospect of leaving with no deal. The consequences would be exceedingly serious, as we learned from the evidence we heard from the Port of Dover when we visited it, in terms of practical things like keeping the lorries flowing, never mind the medicines, never mind aircraft, never mind broadcasting rights, never mind data transfer. There is a very long list of questions on which people know how the system works today and they want to know how it will work once we have left, but they are very worried about what would happen if there were no deal, and my own personal view—I have expressed it in the House before—is that that is not something we should contemplate at all.”
“Ministers have said to us that work is going on to prepare for the possibility of no deal. The Committee has previously expressed its view that a no deal outcome would be very damaging to the British economy and create a great deal of uncertainty. That is why we say in the report that we do not accept that a rejection of the deal will then automatically lead to us leaving with no deal, because it would be for Parliament, in the end, to decide whether it was prepared to leave the European Union with no deal. That would be a matter for every single one of us as Members. I think the nearer we get to March 2019, the more there will be concern if the possibility of no deal being agreed becomes greater than it is at present.”
“If we approve it and there is not that certainty, the House will really be saying, “Well, let’s see what happens.” There are two parts to this negotiation: the withdrawal agreement, which is the divorce settlement, and which is important, and our future relationship on trade, security, the fight against terrorism, foreign policy and services—80% of the British economy is services—which is the really important bit. Therefore, the more detail and the more certainty the political declaration can offer, and the more the parties to the negotiation can show they are committed to turning that into a treaty, the better it will be for Parliament as it makes its judgment.”
“I thank my hon. Friend for his work on the Committee. I hope he will forgive me if I do not comment on party considerations in making this statement here today, but he raises an important issue about the nature of the political declaration. We heard clearly in evidence that it will not be a treaty or draft treaty, although there was some debate when we heard from Guy Verhofstadt about whether including it as an annexe to the agreement would give it greater force. It will come down to this question: will the House think there is sufficient certainty about the nature of our future relationship on all the things I mentioned a moment ago to the Chair of the Select Committee on Health, the hon. Member for Totnes (Dr Wollaston), in the political declaration or not?”
“We looked carefully in our previous report at all the different deals the EU has negotiated—with Norway, the European economic area, Ukraine, Switzerland, Canada and so on—and it could be said that all of them involve elements of cherry-picking. One person’s cherry-picking is another person’s bespoke agreement. Speaking personally, I hope there is movement on both sides, because it seems to me that that is essential if we are going to get a sensible deal for British business and the British people.”
“In my view, the EU negotiators should not then fold their arms and say, “That’s all very difficult”; they should say, “Fine, but you’re going to have to contribute financially and accept the rules, and you won’t have a vote although you might be in the room, and you’ll have to accept any judgments made by the ECJ.” Let us consider, for example, the European Aviation Safety Authority: it is patently sensible from everybody’s point of view that we should continue to be part of it, and I think there has been one ECJ judgment in the past three years on a very technical matter. We hear a lot about cherry-picking, too.”
“That is not directly covered in the report, but I will give the hon. Gentleman a personal view, since he asks me the question. It is going to take two to reach an agreement, and I have already made the following point publicly as Chair of the Select Committee. The Government have their red lines, and in some respects they have already turned a slightly pinker shade, for example when the Prime Minister very sensibly said, “We want to continue to co-operate on security and recognise that that will involve the remit of the European Court of Justice,” and the same has been said in respect of the agencies.”
“It is my understanding that there have been more meetings more recently, but that does not necessarily result in a unanimity of view on what is the right thing to do. My advice, in so far as it is asked for, is “If you’ve got a difference of view, it is a jolly good idea to sit around the table and try and work it out.””
“We have taken some evidence previously on that question, and clearly there is currently a difficulty in respect of the withdrawal Act between the UK Government and the Scottish Government about how the powers that will come back will be used and by whom, and I hope very much that that is resolved. One of our report’s recommendations states: “The Government should set out in detail the processes by which the views of the devolved governments and parliaments will be fed into the negotiations on the UK’s future relationship with the EU and on future trade agreements with non-EU states”, depending on where we end up in terms of trading arrangements. The view has been expressed to us in the past that previously there were gaps between meetings of the Committee.”