House of Commons

Votes and Proceedings
Monday 1 April 2019

No. 281

The House met at 2.30 pm.

Prayers

1Questions to the Home Secretary

2Prime Minister (Confidence) Bill: Presentation (Standing Order No. 57)

Tom Brake, supported by Jo Swinson, Sir Edward Davey, Layla Moran, Tim Farron, Wera Hobhouse and Christine Jardine, presented a Bill to require a Prime Minister to tender their resignation to Her Majesty if the House of Commons passes a motion of no confidence in them; and for connected purposes.

Bill read the first time; to be read a second time on Friday 5 April, and to be printed (Bill 370).

3Business of the House

Motion made and Question put,

(1) That, at today’s sitting—

(a) any proceedings governed by the Order of the House of 27 March (Business of the House) or this order may be proceeded with until any hour, though opposed, and shall not be interrupted;

(b) the Order of 27 March shall apply as if, at the end of paragraph 2(b), there were inserted “and then to motions in the name of a Minister of the Crown relating to statutory instruments”;

(c) notwithstanding the practice of the House, any motion on matters that have been the subject of a prior decision of the House in the current Session may be the subject of a decision;

(d) the Speaker shall announce his decision on which motions have been selected for decision by recorded vote before calling a Member to move a motion under paragraph 2(f) of the Order of 27 March;

(e) the Speaker may not propose the question on any amendment to any motion subject to decision by recorded vote or on the previous question, and may not put any question under Standing Order No. 36 (Closure of debate) or Standing Order No. 163 (Motion to sit in private);

(f) debate on the motions having precedence under paragraph 2(f) of the Order of 27 March may continue until 8.00 pm at which time the House shall proceed as if the question had been put on each motion selected by the Speaker for decision by recorded vote and the opinion of the Speaker as to the decision on each such question had been challenged;

(g) in respect of those questions—

(i) Members may record their votes on each question under arrangements made by the Speaker;

(ii) votes may be recorded for half an hour after the Speaker declares the period open and the Speaker shall suspend the House for that period;

(iii) the Speaker shall announce the results in the course of the sitting;

(h) during the period between 8.00 pm and the announcement of the results on the questions subject to recorded vote—

(i) no motion for the adjournment may be made;

(ii) the Speaker may suspend the sitting if any other business, including proceedings provided for in paragraph 1(b) of this order and paragraph 2(g) of the order of 27 March, has been concluded.

(2) That, on Wednesday 3 April—

(a) notwithstanding Standing Order No. 14(1) (which provides that Government business shall have precedence at every sitting save as provided in that order), precedence shall first be given to a motion relating to the Business of the House in connection with the United Kingdom’s withdrawal from the European Union;

(b) if more than one motion relating to the Business of the House is tabled, the Speaker shall decide which motion shall have such precedence;

(c) the Speaker shall interrupt proceedings on any business having precedence before the Business of the House motion at 2.00 pm and call a Member to move that motion;

(d) debate on that motion may continue until 5.00 pm at which time the Speaker shall put the questions necessary to dispose of proceedings on that motion including the questions on amendments selected by the Speaker which may then be moved;

(e) any proceedings interrupted or superseded by this order may be resumed or (as the case may be) entered upon and proceeded with after the moment of interruption.—(Sir Oliver Letwin.)

The House divided.

Division No. 396

Ayes: 322 (Tellers: Thangam Debbonaire, Jeff Smith)

Noes: 277 (Tellers: Michelle Donelan, Jo Churchill)

Question accordingly agreed to.

4The United Kingdom’s withdrawal from and future relationship with the European Union

Motion made and Question proposed, That this House instructs the Government to:

(1) ensure that any Withdrawal Agreement and Political Declaration negotiated with the EU must include, as a minimum, a commitment to negotiate a permanent and comprehensive UK-wide customs union with the EU; and

(2) enshrine this objective in primary legislation.—(Mr Kenneth Clarke.)

The Speaker announced a time limit on backbench speeches (Standing Order No. 47(1)).

At 8.00 pm, the House proceeded to vote on the motions selected by the Speaker (Order, today).

5Suspension of sitting

The Speaker suspended the sitting for the recording of votes.

At 8.31 pm, the sitting resumed (Order, today).

6Changes to the membership of select committees

Ordered, That Kirstene Hair be discharged from the Scottish Affairs Committee and Paul Masterton be added.—(Bill Wiggin, on behalf of the Selection Committee.)

7Suspension of sitting

The Speaker suspended the sitting.

At 10.04 pm, the sitting resumed (Order, today).

8Recorded Votes

The Speaker resumed the Chair.

The Speaker announced the results of the votes which had been recorded this day (Order, today).

(C) Customs Union

That this House instructs the Government to:

(1) ensure that any Withdrawal Agreement and Political Declaration negotiated with the EU must include, as a minimum, a commitment to negotiate a permanent and comprehensive UK-wide customs union with the EU;

(2) enshrine this objective in primary legislation.—(Mr Kenneth Clarke.)

Division No. 397

Ayes: 273

Noes: 276

Question accordingly negatived.

(D) Common Market 2.0

That this House—

(1) directs Her Majesty’s Government to—

(i) renegotiate the framework for the future relationship laid before the House on Monday 11 March 2019 with the title ‘Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom’ to provide that, on the conclusion of the Implementation Period and no later than 31 December 2020, the United Kingdom shall—

(a) accede to the European Free Trade Association (Efta) having negotiated a derogation from Article 56(3) of the Efta Agreement to allow UK participation in a comprehensive customs arrangement with the European Union,

(b) enter the Efta Pillar of the European Economic Area (EEA) and thereby render operational the United Kingdom’s continuing status as a party to the EEA Agreement and continuing participation in the Single Market,

(c) agree relevant protocols relating to frictionless agri-food trade across the UK/EU border,

(d) enter a comprehensive customs arrangement including a common external tariff, alignment with the Union Customs Code and an agreement on commercial policy, and which includes a UK say on future EU trade deals, at least until alternative arrangements that maintain frictionless trade with the European Union and no hard border on the island of Ireland have been agreed with the European Union,

(ii) negotiate with the EU a legally binding Joint Instrument that confirms that, in accordance with Article 2 of the Protocol on Ireland/Northern Ireland of the Withdrawal Agreement, the implementation of all the provisions of paragraph 1(i) of this motion would cause the Protocol on Ireland/Northern Ireland to be superseded in full;

(2) resolves to make support for the forthcoming European Union (Withdrawal Agreement) Bill conditional upon the inclusion of provisions for a Political Declaration revised in accordance with the provisions of this motion to be the legally binding negotiating mandate for Her Majesty’s Government in the forthcoming negotiation of the future relationship between the United Kingdom and the European Union.—(Nick Boles.)

Division No. 398

Ayes: 261

Noes: 282

Question accordingly negatived.

(E) Confirmatory public vote

That this House will not allow in this Parliament the implementation and ratification of any withdrawal agreement and any framework for the future relationship unless and until they have been approved by the people of the United Kingdom in a confirmatory public vote.—(Peter Kyle.)

Division No. 399

Ayes: 280

Noes: 292

Question accordingly negatived.

(G) Parliamentary supremacy

That—

(1) if, at midday on the second last day before exit day, the condition specified in section 13(1)(d) of the Act (the passing of legislation approving a withdrawal agreement) is not satisfied, Her Majesty's Government must immediately seek the agreement of the European Council under Article 50(3) of the Treaty to extend the date upon which the Treaties shall cease to apply to the United Kingdom;

(2) if, at midday on the last day before exit day, no agreement has been reached (pursuant to (1) above) to extend the date upon which the Treaties shall cease to apply to the United Kingdom, Her Majesty's Government must immediately put a motion to the House of Commons asking it to approve 'No Deal';

(3) if the House does not approve the motion at (2) above, Her Majesty's Government must immediately ensure that the notice given to the European Council under Article 50 of the United Kingdom's intention to withdraw from the European Union is revoked in accordance with United Kingdom and European law;

(4) if the United Kingdom's notice under Article 50 is revoked pursuant to (3) above a Minister of Her Majesty's Government shall cause an inquiry to be held under the Inquiries Act 2005 into the question whether a model of a future relationship with the European Union likely to be acceptable to the European Union is likely to have majority support in the United Kingdom;

(5) if there is, a referendum shall be held on the question whether to trigger Article 50 and renegotiate that model;

(6) the inquiry under paragraph (4) shall start within three months of the revocation; and

(7) references in this Motion to "days" are to House of Commons sitting days; references to "exit day" are references to exit day as defined in the Act; references to "the Act" are to the European Union (Withdrawal) Act 2018; and references to "the Treaty" are to the Treaty on European Union.—(Joanna Cherry.)

Division No. 400

Ayes: 191

Noes: 292

Question accordingly negatived.

9Adjournment

Subject: Blaydon quarry landfill site (Liz Twist)

Resolved, That this House do now adjourn.—(Rebecca Harris.

Adjourned at 10.53 pm until tomorrow.

Other Proceedings

General Committees: Reports

10Fourth Delegated Legislation Committee

Mr Virendra Sharma (Chair) reported the draft Protecting against the Effects of Extraterritorial Application of Third Country Legislation (Amendment) (EU Exit) Regulations 2019.

11Fifth Delegated Legislation Committee

Sir Roger Gale (Chair) reported the draft Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019.

General Committees: Appointments

The Speaker appoints the Chair of General Committees and members of Programming Sub-Committees, and allocates Statutory Instruments to Delegated Legislation Committees.

The Selection Committee nominates Members to serve on General Committees (and certain Members to serve on Grand Committees).

12Second Delegated Legislation Committee (draft Electricity Capacity (No. 1) Regulations 2019)

Members: Claire Perry discharged and Chris Skidmore nominated in substitution.

13Third Delegated Legislation Committee (draft Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019)

Members: Thangam Debbonaire, Dr David Drew, George Eustice, Mr Robert Goodwill, Kate Green, Eddie Hughes, Susan Elan Jones, Daniel Kawczynski, Sandy Martin, Lisa Nandy, Teresa Pearce, Toby Perkins, Tom Pursglove, Mr Bob Seely, Alec Shelbrooke, Iain Stewart and Anne-Marie Trevelyan discharged

 

14Fourth Delegated Legislation Committee (draft Protecting against the Effects of Extraterritorial Application of Third Country Legislation (Amendment) (EU Exit) Regulations 2019)

Members: Barry Gardiner, Dr Caroline Johnson and Michael Tomlinson discharged and Bill Esterson, Stephen Kerr and Will Quince nominated in substitution. 

15Fifth Delegated Legislation Committee (draft Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019)

Members: Will Quince discharged and Michael Tomlinson nominated in substitution.

Reports from Select Committees

16Administration Committee

Record of the Committee’s discussions at its meeting on 1 April, to be published (Sir Paul Beresford).

17Draft Registration of Overseas Entities Bill (Joint Committee on)

Draft Registration of Overseas Entities Bill: Written evidence, to be published (HC 2009) (Peter Aldous).

18Housing, Communities and Local Government Committee

(1) Brexit and Local Government:

(i) Thirteenth Report, to be printed, with the formal minutes relating to the Report (HC 493);

(ii) Written evidence: to be published (HC 493);

(2) Modern methods of construction: Oral and written evidence, to be published (HC 1831);

(3) Correspondence relating to local authority governance: Written evidence, to be published;

(4) Correspondence relating to planning announcements in the Spring Statement: Written evidence, to be published;

(5) Correspondence relating to the Local Government Ombudsman’s triennial review: Written evidence, to be published (HC 1905);

(6) Correspondence relating to the Seventh Report of the Communities and Local Government Committee, Session 2016–17, on public parks: Written evidence, to be published;

(7) Funding of local authority children’s services: Written evidence, to be published (HC 1638);

(8) Leasehold reform: Written evidence, to be published (HC 1468)

(Mr Clive Betts).

19Public Accounts (Committee of)

(1) Crossrail: progress review: Ninety-second Report, to be printed, with the formal minutes relating to the Report (HC 2004);

(2) Cyber security in the UK: Oral evidence, to be published (HC 1745);

(3) Disclosure and Barring Service: progress review: Written evidence, to be published (HC 2006);

(4) Managing the UK’s nuclear deterrent: Written evidence, to be published (HC 1028);

(5) Transforming Rehabilitation: progress review: Written evidence, to be published (HC 1747);

(6) Windrush generation and the Home Office: Written evidence, to be published (HC 1518)

(Meg Hillier).

20Welsh Affairs Committee

Responsibilities of the Secretary of State for Wales: Oral evidence, to be published (HC 680) (David T. C. Davies).

John Bercow

Speaker

Westminster Hall

The sitting began at 4.30 pm.

Debate on an e-petition (Standing Order No. 10(1)(a))

1Leaving the European Union

The sitting was suspended between 4.37 pm and 4.52 pm for a division in the House (Standing Order No. 10(3)).

Motion made and Question proposed, That this House has considered e-petitions 241584, 235138 and 243319 relating to leaving the European Union.—(Catherine McKinnell.)

At 7.45 pm, the Motion lapsed (Standing Order No. 10(14)).

Sitting adjourned without Question put (Standing Order No. 10(14)).

Adjourned at 7.45 pm until tomorrow.

Lindsay Hoyle

Chairman of Ways and Means

Papers Laid

Papers subject to Affirmative Resolution

1Education

Draft Higher Education (Monetary Penalties and Refusal to Renew an Access and Participation Plan) (England) Regulations 2019 (by Act), with an Explanatory Memorandum (by Command) (Chris Skidmore)

2Exiting the European Union (Animal Health)

Draft Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (by Act), with an Explanatory Memorandum (by Command) (Secretary Michael Gove)

3Rehabilitation of Offenders

Draft Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2019 (by Act), with an Explanatory Memorandum (by Command) (Secretary David Gauke)

Papers subject to Negative Resolution

4Financial Services and Markets

Financial Services and Markets (Insolvency) (Amendment of Miscellaneous Enactments) Regulations 2019 (S.I., 2019, No. 755), dated 29 March 2019 (by Act), with an Explanatory Memorandum (by Command) (John Glen)

5Housing

Social Housing Rents (Exceptions and Miscellaneous Provisions) (Amendment) Regulations 2019 (S.I., 2019, No. 682), dated 26 March 2019 (by Act), with an Explanatory Memorandum (by Command) (Kit Malthouse)

6Immigration

Statement of Changes in Immigration Rules (by Act), to be printed (HC 2099), with an Explanatory Memorandum (by Command) (Secretary Sajid Javid)

7Insolvency

Bankruptcy (Financial Services and Markets Act 2000) Rules 2001 and the Insurers (Winding Up) Rules 2001 (Amendment) Rules 2019 2019 (S.I., 2019, No. 754), dated 29 March 2019 (by Act), with an Explanatory Memorandum (by Command) (Secretary Greg Clark)

8Road Traffic

Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) (Amendment) Regulations 2019 (S.I., 2019, No. 670), dated 25 March 2019 (by Act), with an Explanatory Memorandum (by Command) (Secretary Chris Grayling)

9Stamp Duty

Stamp Duty (Method of Denoting Duty) Regulations 2019 (S.I., 2019, No. 719), dated 28 March 2019 (by Act), with an Explanatory Memorandum (by Command) (Mel Stride)

Other papers

10Treasury

Treasury Minute, dated 1 March 2019, concerning the extinguishing of a contingent liability with respect to the team funding scheme of the Bank of England (by Command) (The Chancellor of the Exchequer)

11Loans to Ireland

Report under section 2 of the Loans to Ireland Act 2010: 1 October 2018 to 31 March 2019 (by Act) (John Glen)

12National Audit

Report by the Comptroller and Auditor General on Ministry of Defence: Investigation into submarine defueling and dismantling (by Act), to be printed (HC 2102) (Clerk of the House)

13National Audit

Twenty-fourth Report of the Public Accounts Commission: The work of the Commission in 2018 (by Act), to be printed (HC 2088) (Sir Edward Leigh)

14Public Accounts

Treasury Minutes on the Seventy-second to the Seventy-seventh Reports from the Committee of Public Accounts, Session 2017–19 (by Command) (CP 79) (Robert Jenrick)

15Severn Bridges

Account prepared pursuant to the Severn Bridges Act 1992 for 2017–18, with the Report of the Comptroller and Auditor General (by Act), to be printed (HC 2110) (Clerk of the House)

Withdrawn papers

16Exiting the European Union (Animals)

(1) Draft Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019, and Explanatory Memorandum (laid 13 March)

CORRECTION

Tuesday 3 July 2018

Item 28 should have read:

Environmental Audit Committee

(1) UK Progress on reducing F-gas emissions: Government Response to the Fifth Report of the Committee: Eighth Special Report, to be printed (HC 1406);

(2) The changing Arctic: Oral and written evidence, to be published (HC 842);

(3) Environmental governance consultation paper: Written evidence, to be published (HC 1062); 

(4) Hand car washes: Written evidence, to be published (HC 981);

(5) Heatwaves: adapting to climate change: Written evidence, to be published (HC 826);

(6) Sustainable fashion: Written evidence, to be published (HC 1148)

(Mary Creagh).

 

 

Prepared 1 April 2019