Sittings of the House (29 March) Debate

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Department: Leader of the House

Sittings of the House (29 March)

John Bercow Excerpts
Thursday 28th March 2019

(5 years ago)

Commons Chamber
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None Portrait Several hon. Members rose—
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John Bercow Portrait Mr Speaker
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Order. The Leader of the House has moved the sittings motion, and I have selected amendment (a) to it in the name of Valerie Vaz. I just thought I would get that on the record.

Ian Murray Portrait Ian Murray (Edinburgh South) (Lab)
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On a point of order, Mr Speaker. I appreciate that the Leader of the House has given us the business for tomorrow—it is helpful not only that she has read out the motion, but that it has now been circulated—but has there been any indication whether the Attorney General’s legal advice on whether what the Government are doing tomorrow is actually legal could be placed in the House of Commons Library or published for Members before the debate starts at 9.30 am tomorrow?

John Bercow Portrait Mr Speaker
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The Attorney General can offer an assurance on that front. I know that he is satisfied, but it is for him to say.

Geoffrey Cox Portrait The Attorney General (Mr Geoffrey Cox)
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Further to that point of order, Mr Speaker. May I say on the proposal the Government are making that when the House listens to the rationale behind it and hears the full context of it, I am sure the House will accept that it is not only perfectly lawful and perfectly sensible, but designed to give this House the opportunity of availing itself of a right that the European Union has given us to avail ourselves of an extension until 22 May. The view of the Government is simply that we could not let the time limit expire at 11 pm tomorrow without allowing this House the opportunity to avail itself of that right, and it is perfectly reasonable and perfectly lawful.

None Portrait Several hon. Members rose—
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John Bercow Portrait Mr Speaker
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Order. I will happily take points of order. People sought the judgment of the Attorney General, and the Attorney General has provided it. I would not dream of pronouncing on the matter of law—that is not something with which I need to preoccupy myself—or on the matter of the desirability or otherwise of the motion, which is a matter for the House. My concern was solely with the propriety of the convention and the importance of its being upheld and asserted. I am satisfied that the propriety of the convention has been upheld and asserted. Colleagues must make their own judgment on the political substance of the matter.

John Redwood Portrait John Redwood (Wokingham) (Con)
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On a point of order, Mr Speaker.

John Bercow Portrait Mr Speaker
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Of course I will take a point of order from the right hon. Gentleman before we proceed with the debate on the sittings motion.

John Redwood Portrait John Redwood
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Given that the Government now say that, if the motion passes, we will go straight on to the Bill, can we insist on the Bill being part of the documents for tomorrow’s debate, because it would be very important to know what we were in for before being asked to vote for it?

John Bercow Portrait Mr Speaker
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I say to the right hon. Gentleman that whether the Government intend to tag—using the term that is commonly used in relation to House of Commons motions—the withdrawal and implementation Bill to the motion is a matter for their determination. My understanding is that that Bill was drafted some time ago. I do not think that hot wet towels over officials’ heads or any burning of the midnight oil will be required. The document exists, but whether it is the Government’s intention to table it tomorrow for the benefit of colleagues conducting the debate is a matter for them.

William Cash Portrait Sir William Cash
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On a point of order, Mr Speaker. You have very kindly referred to the withdrawal and implementation Bill, which I have raised on a number of occasions over the last few weeks. In its most recent report, the European Scrutiny Committee has insisted that that Bill be made available, because it is quite unfair on the House to be making decisions about a Bill that it has not seen, and I understand that other Committees take a similar view. Will you be good enough perhaps to give the Government a firm nudge in order to produce that Bill forthwith?

John Bercow Portrait Mr Speaker
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Yes is the short answer. It is a matter for their judgment; it is not a matter of a ruling. However, in light of the fact that colleagues are expressing a desire to see the Bill, I think it would be out of keeping, shall we say, with the legendary—some would say exemplary —courtesy of the Attorney General for the debate that might well be opened by him to be staged without the benefit of that important document. Knowing the hon. Member for Stone (Sir William Cash) as well I do and for as long as I have, I have a feeling that if the Bill does not appear tomorrow, in time for the debate, this will not be the last we will hear of the matter.

Mark Francois Portrait Mr Mark Francois (Rayleigh and Wickford) (Con)
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On a point of order, Mr Speaker. It seems that, as so often in this whole saga over the last couple of years or so, the Government have got themselves into a bit of a procedural mess. It is plain that tomorrow’s motion will not be a section 13 motion under the European Union (Withdrawal) Act 2018. But the motion does state very clearly—I am reading the operative bit—that this House

“therefore approves the Withdrawal Agreement, the Joint Instrument and the Unilateral Declaration laid before the house on 11 March 2019”,

so even though it is not a section 13 motion under the 2018 Act, it is absolutely plain from the Government’s own wording that this is a decision in principle on whether or not the House “approves”—the operative word—the withdrawal agreement. Have I understood that correctly, Sir?

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John Bercow Portrait Mr Speaker
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Yes, and that decision would be followed by consideration of the relevant legislation.

Mary Creagh Portrait Mary Creagh
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On a point of order, Mr Speaker. Section 13 is in front of me, and it is extremely clear. Paragraph (1) says:

“The withdrawal agreement may be ratified only if…the negotiated withdrawal agreement and the framework for the future relationship have been approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown”.

That is the original legislation that we fought for—the right for this sovereign Parliament to have its say on both things together. As I put it earlier, these are two horns on the same goat. The goat’s head cannot be divided as the Government are seeking to do. This is an extraordinary and unprecedented reverse-ferret of the commitments that have been given by Ministers to this place: that we should have our say on both items together. Is it not extraordinary, Mr Speaker, that this comes right on the day when we know that far-right demonstrators will be gathering in Parliament Square?

John Bercow Portrait Mr Speaker
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The hon. Lady has made her point with considerable force, educating me in the process—I am grateful for that—with the use of the expression “reverse-ferret”: apparently one with which the hon. Member for Cheltenham (Alex Chalk) is well familiar, but of which I was previously unaware.

I do not seek to trivialise the hon. Lady’s point. She has made her point, but there is not a procedural issue for the Chair. There is a political issue for the judgment of the House, but not a matter for adjudication by the Chair.

Stewart Hosie Portrait Stewart Hosie (Dundee East) (SNP)
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On a point of order, Mr Speaker. It appears clear that if we pass the withdrawal agreement, that will satisfy the European Union in terms of the extension to 22 May. However, the withdrawal Act requires both the agreement and the political declaration to be passed prior to ratification— that much is clear. May I ask you whether it would be orderly for the Government to bring forward an implementation Bill that sought to knock out the requirement for the political declaration to be passed, therefore bypassing the political difficulty that they found themselves in?

John Bercow Portrait Mr Speaker
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The short answer to the hon. Gentleman is that that would be orderly. Whether it would be desirable, whether it would secure the approval of the House, and whether it would cause commotion or earn disfavour, are all separate matters. I am looking narrowly at the question of procedural propriety. We do not know—or at least I do not know, I confess—quite what the withdrawal and implementation Bill currently contains or what, at a point in its passage, it might contain, but it is of course open to the Government to bring forward a piece of legislation that differs from and possibly even changes the provisions of another piece of legislation. The House will have to make a judgment about whether that is something that it accepts. I put the matter, I hope people will agree, entirely neutrally.

Mike Gapes Portrait Mike Gapes (Ilford South) (Ind)
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Further to that point of order, Mr Speaker. If the House were to reject the Government motion to approve the withdrawal agreement tomorrow, would that mean that the Government were not able to bring back to the House a separate position between the withdrawal agreement and the political declaration in future, but would have to bring back the same position that has already been ruled by you to have been considered in the past?

John Bercow Portrait Mr Speaker
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The Government would not be in a position to bring back the same or substantially the same proposition if their proposition tomorrow were defeated. I am very clear in my mind about that.

By the way, reference was made earlier—I think by the hon. Member for Cardiff West (Kevin Brennan)—to amendments. The question he had in his mind was whether an amendment could be tabled to ensure that the motion required both sets of questions to be considered. Of course, the answer is that an amendment could be tabled but the selection of amendments is a matter for the Chair. I am clear that the convention that the same question shall not be put again in the same Session will be asserted and upheld.

Andrea Leadsom Portrait Andrea Leadsom
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Further to that point of order, Mr Speaker. You have rightly pointed out the same question point. But another point that is very important is that in agreeing tomorrow’s motion we will trigger the automatic extension to article 50 to 22 May, and if we do not agree the withdrawal agreement tomorrow, we will not. That leaves in doubt the future of the arrangements with the European Council.

John Bercow Portrait Mr Speaker
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Thank you.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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Further to that point of order, Mr Speaker. I am sure that, like me, you will have looked closely at section 13 of the withdrawal Act which has been mentioned by other hon. Members, as well as at section 20, which interprets various phrases used in the Act. I wonder if the fact that neither “political declaration” nor “future framework” is defined in section 20, but that the “withdrawal agreement” is defined in section 20, may have something to do with the Attorney General’s thinking.

John Bercow Portrait Mr Speaker
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Well, I fear that the hon. and learned Lady invests the Chair with powers that he does not possess. I am well familiar with the notable and widely observed oratorical style of the Attorney General and that, to some extent, I can comfortably and with enthusiasm predict: what I cannot do is say what is in his mind. That is not known to me. It may be known to a great many people in Torridge and West Devon, and it will be known to the right hon. and learned Gentleman, but it is not known to me.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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On a point of order, Mr Speaker. On the business for tomorrow, the Leader of the House mentioned the tabling of amendments. Can you please indicate whether amendments will be taken in a singular fashion, as they have been in the past, or will they be taken in a multiple fashion, as they were on one sheet of paper last night?

John Bercow Portrait Mr Speaker
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There will be a business of the House motion in the standard form governing the proceedings. I would hope that that would offer the hon. Gentleman the comfort that he seeks. Amendments can be considered to it.

Geraint Davies Portrait Geraint Davies (Swansea West) (Lab/Co-op)
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On a point of order, Mr Speaker. The House will be asked to agree the withdrawal agreement on the presumption that it will subsequently agree the political declaration, yet it is clear that the House has not agreed the political declaration in the past, by 230 and 149 votes. How is it in order to ask us to agree the withdrawal agreement on that assumption?

John Bercow Portrait Mr Speaker
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The responsibility is that of the Government to table the motion that the Government wish to table, subject to the overriding constraint of procedural propriety. The hon. Gentleman asks how it can be orderly; it can certainly be orderly, and it is for the House to decide whether it endorses it. The motion that it is proposed by the Government to have debated tomorrow is not the same, or substantially the same, as that which has previously been disposed of by the House—for the benefit of those observing our proceedings from beyond the Chamber, I use the term “disposed of by the House” in the sense in which we use that term in Parliament, meaning treating of, decided by.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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On a point of order, Mr Speaker. Can you clarify—or perhaps somebody on the Treasury Bench can—whether the Prime Minister resigns if she wins tomorrow or whether she has to get both parts before we see the back of her?

John Bercow Portrait Mr Speaker
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I have no knowledge of that matter, which is on a very different pay grade.

Kevin Brennan Portrait Kevin Brennan
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On a point of order, Mr Speaker. The Government now having tabled the motion for tomorrow, is it possible that you could give us an indication at this time—I realise that this session could proceed until any hour—as to how you intend to treat possible amendments and any time limit for the submission of amendments, including manuscript amendments?

John Bercow Portrait Mr Speaker
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Ordinarily, as the hon. Gentleman will know, the attitude would be that amendments should be submitted before the rise of the House. There is, however, a degree of unpredictability as to how long this session will run today on the sittings of the House motion, and therefore I am open to the possibility of manuscript amendments.

Forgive me, my response to the hon. Member for Strangford (Jim Shannon) was perhaps not entirely self-contained. He was quizzical about the matter of amendments, and I said that the business of the House motion governing the proceedings tomorrow was a relatively standard business of the House motion, but it might be worth while my opening that envelope and explaining what that means.

Because there is a business of the House motion, after the moment of interruption, the questions will be able to be put, and that means that such amendments as have been selected, if there is more than one, will be able to be voted upon by the House, so there is no danger of our running out of time for deciding upon amendments. I have, at this stage, no way of knowing whether I will select one amendment or multiple amendments, but the hon. Gentleman need not be concerned on that front.

Chi Onwurah Portrait Chi Onwurah (Newcastle upon Tyne Central) (Lab)
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On a point of order, Mr Speaker. Probably like many people following this—or trying to follow this—I am having great difficulty understanding how the motion, which says itself that it does not meet the requirements of the withdrawal Act, can actually lead to us approving the withdrawal Act. My understanding now is that it seems to be saying that, for the purposes of the European Union, we will have approved the withdrawal Act, but for the purposes of British law, we will not have approved the withdrawal Act. Can such a position have any basis in reality? Can it be orderly for it not to have any basis in reality?

John Bercow Portrait Mr Speaker
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I genuinely do not want to cavil at what the hon. Lady is saying, because she is asking me a perfectly fair and reasonable question, but the way I would characterise it for colleagues, and I hope carry them with me in doing so, is as follows. It may seem a fine line, but there is a clear distinction between procedural propriety, with which the Chair has to be concerned, and legal exegesis, with which the Chair need not be concerned. Those matters are separate and distinct. Many right hon. and hon. Members of the House will be well versed in and have opinions about both those things, but my concern is with procedural propriety and the orderly conduct of business. Whether something makes sense in law and satisfies the hon. Lady’s palate in that regard is another matter.

Stephen Doughty Portrait Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
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On a point of order, Mr Speaker. This is being done late in the day, and many Members are just getting news of this provision, as they have been involved in meetings and other parliamentary proceedings. Will you ensure that this information is widely disseminated and that the Library provides some independent advice? This looks to me like trickery of the highest order. Can we ensure that all Members are fully briefed and fully understand what is going on here, and what the Government are trying to do?

John Bercow Portrait Mr Speaker
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Certainly the Library can be asked to provide information and a note on this matter, copies of which can be made available, and I have every expectation that something will be provided. I had earlier discussions with and have just spoken to the senior Clerk at the Table, whose professionalism will be universally respected across the House. Those who serve us will do all they can to ensure that all possible material is available to colleagues as they undertake this deliberation. That is a very reasonable request, and I hope the answer suffices.

Wayne David Portrait Wayne David (Caerphilly) (Lab)
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On a point of order, Mr Speaker. Given that the withdrawal agreement and political declaration are intrinsically linked, could we be getting into a situation where we could comply with European law, but not with our own legislation?

John Bercow Portrait Mr Speaker
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That is conceivable. Is that outwith the bounds of reality? No, it is not.

Christine Jardine Portrait Christine Jardine (Edinburgh West) (LD)
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On a point of order, Mr Speaker. Can we be reassured by the Attorney General that if we approve the motion to the satisfaction of the European Union, whatever we do in this House will become irrelevant because the European Union would regard us as having approved a motion that we have not in fact approved using our own purposes?

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Geoffrey Cox Portrait The Attorney General
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indicated dissent.

John Bercow Portrait Mr Speaker
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For the record I can say that the Attorney General is shaking his head, and he dissents from the hon. Lady’s proposition. Forgive me, because I think the House will want to move on, but I hope she will accept it if I say that that is a political point. It is an important point, and I am not knocking it in any way, but it is not germane to the remit of the Chair, nor—if I may politely say so—is it material to the sittings of the House motion with which we are now dealing.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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On a point of order, Mr Speaker. Having just read the motion, I wonder whether an opportunity might be given for the Government to clarify a really important point. If the EU agrees that, if the motion is passed tomorrow, the UK will be granted an extension until 22 May, at that point it will no longer be possible for the United Kingdom to apply for a further extension, because we would have failed to make the arrangements necessary to take part in the European elections. Therefore, to pass this motion will preclude the United Kingdom from asking for any further extension. It would be helpful to the House if a Minister could come to the Dispatch Box and clarify that point.

John Bercow Portrait Mr Speaker
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I must say to people listening that I am mightily glad that the right hon. Gentleman was not asking me to adjudicate on that. It is very helpful that he has excused me from any responsibility. I do not sense that the Attorney General, who is comfortably seated on the Government Front Bench, is looking to come to the Dispatch Box, or indeed that the Leader of the House is inclined to do so. I think I can safely say—I do not think I will be accused of disclosing a state secret—that as things stand the Attorney General is intending to declaim from the Dispatch Box tomorrow.

Geoffrey Cox Portrait The Attorney General
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Further to that point of order, Mr Speaker. I rise out of respect for the right hon. Member for Leeds Central (Hilary Benn). This is clearly a matter that I shall address tomorrow morning in full. It requires serious consideration, as virtually everything the right hon. Gentleman says in this House is entitled to. I will address that point in full tomorrow.

John Bercow Portrait Mr Speaker
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Colleagues, the motion has been tabled, moved and spoken to in a perfectly orderly way. I suggest that we now hear from the shadow Leader of the House.

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John Bercow Portrait Mr Speaker
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I am sorry, because other colleagues will want to speak, but I want to make this very simple point: it is not for the Chair—and I absolutely respect what the shadow Leader of the House said—to pronounce on whether a motion, in terms of its effect, is lawful or not. The House makes a judgment on the merits or demerits of a motion and the law is ultimately interpreted by a court if there is a challenge. I am making no assertion of lawfulness or unlawfulness. The Attorney General is entirely comfortable in his own mind and will doubtless articulate that tomorrow. My concern is with the narrow confines of order and procedural propriety. I make no assertion beyond that.

Nadine Dorries Portrait Ms Nadine Dorries (Mid Bedfordshire) (Con)
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On a point of order, Mr Speaker. In one breath, the shadow Leader of the House complained that she had not seen the motion until she walked into the Chamber, and in the next, she said that the Opposition would not be supporting the motion. Until they have heard the arguments that can be made to support the motion, how can they so quickly come to a point of view unless they are playing political games with the future of this country and this deal, which delivers on the vote of 17.4 million people? It is game playing, Mr Speaker, and it has to stop.

John Bercow Portrait Mr Speaker
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The hon. Lady has made her own points with conviction, but it is not a matter for the Chair.

George Howarth Portrait Mr George Howarth (Knowsley) (Lab)
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On a point of order, Mr Speaker. In view of the question raised by my right hon. Friend the Member for Leeds Central (Hilary Benn) a few moments ago and either the Attorney General’s unwillingness or inability to respond to him, would it be in order for my right hon. Friend or somebody else to put in an urgent question to be answered tonight so that we can get a proper answer to what are very important questions?

John Bercow Portrait Mr Speaker
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I think that matter is governed by Standing Orders, so the short answer to the right hon. Gentleman is no, that is not possible. It is perfectly possible for there to be urgent questions tomorrow. He may say that that is too late and that it does not fit with his timetable, but I am simply making the point that there is no bar to urgent questions on a Friday. Typically, if there are such, they would come on at 11 o’clock—there were three, in fact, last Friday, if memory serves me correctly—but obviously, urgent questions interrupt a debate without changing the time of the end of the debate. That is the factual position. The opportunity is there, but there is a time consequence.

Anne Main Portrait Mrs Anne Main (St Albans) (Con)
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On a point of order, Mr Speaker. I think the hon. Member for Walsall South (Valerie Vaz) might have inadvertently misled the House when she said that she had only just got sight of the motion. I have been having quite detailed discussions with the deputy Clerk of the House about procedures for the next few days. Indeed, he took me to the Table Office, and there was the motion for me to have a copy of at 4 o’clock, so I am surprised that the hon. Lady took an hour and a half to find this out.

John Bercow Portrait Mr Speaker
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The shadow Leader of the House can answer for herself, but I simply say to the hon. Lady that if she is referring to the motion for tomorrow’s debate, that motion certainly was not in the Table Office at 4 o’clock, as far as I am aware. I discussed the matter with the Attorney General, and I can assure her that it certainly was not there at that time, or absolutely not in anywhere near its final form. I think I am quite clear about that. As to the sittings motion, that is a different matter.

Geoffrey Cox Portrait The Attorney General
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Further to that point of order, Mr Speaker. I rise out of respect to those asking questions about why the motion was late. I do apologise to the hon. Member for Walsall South (Valerie Vaz)—I was anxious to get it to her and to others as soon as I could—but I was particularly concerned that the motion should comply with your ruling, Mr Speaker. Therefore—I hope you will permit me to divulge this—as a result of some discussion with you, I am afraid that it was concluded only shortly before the time we came into the House. [Interruption.] Well, I cannot speak for that, but I say to the House that I am sorry it was late, but it was a matter that needed to comply with your important ruling, Mr Speaker.

John Bercow Portrait Mr Speaker
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These things are subject to change. There was a version of the motion earlier this afternoon. The Attorney General and I met, as is perfectly reasonable and proper, and then there was a later version. However, I am quite certain in my own mind that the motion was not in the Table Office at 4 o’clock, and I think that the shadow Leader of the House has been misrepresented, if I may politely say so.

Anne Main Portrait Mrs Main
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I believe that. Thank you very much.

John Bercow Portrait Mr Speaker
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I thank the hon. Lady for withdrawing what she said earlier, although I think the shadow Leader of the House would have liked an apology. [Interruption.] The hon. Lady has withdrawn what she said. [Interruption.] I am happy with that. We will leave it there.

Valerie Vaz Portrait Valerie Vaz
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On a point of order, Mr Speaker. I am really sorry, but I am not happy with that. The hon. Lady called me a liar. She effectively said—[Interruption.] Let me just explain. I am in front of the Attorney General. I can get an affidavit or a written statement from the very nice person in the Table Office. I went in at 10 to 5 and I asked for a copy of the motion. I walked round to your office, Mr Speaker, to ask for a copy, and I have not received it. So I think that the hon. Lady does owe me an apology.

John Bercow Portrait Mr Speaker
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I think that the hon. Member for St Albans (Mrs Main) said that she thought that the shadow Leader had inadvertently misled the House. The simple point is that, as we now know, the shadow Leader did not mislead the House. That is a matter of fact.

John Bercow Portrait Mr Speaker
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Are we returning to the motion? Does the hon. Gentleman wish to speak on the motion, or is he seeking to raise a point of order?

Hugh Gaffney Portrait Hugh Gaffney
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On a point of order, Mr Speaker. Perhaps you can help me. We have been accused of playing political games. At what time did you meet the Attorney General to talk about the motion?

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John Bercow Portrait Mr Speaker
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I saw the Attorney General a number of times during the day. I would just say to the hon. Gentleman—I do not mean to be discourteous to him—that I think colleagues will recognise the Speaker regularly meets the Leader of the House, the shadow Leader of the House, the Government Chief Whip, the Opposition Chief Whip and a variety of other people. There is nothing particularly unusual about that. I met the Attorney General at half-past eight this morning; I then met him at 2.30 this afternoon, and then again at—if memory serves me correctly—approximately 4 o’clock, 4.15, or thereabouts. So we had three meetings during the day, and in the course of the three meetings I supplied the Attorney General with just one cup of tea.

Who else wishes to speak in the debate? I call Mr Christopher Bryant.

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Chris Bryant Portrait Chris Bryant
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May I finish the point? The second problem I have is that the motion, to my mind and according to what the Leader of the House herself said earlier, is only there to appease the EU’s desires. Well isn’t that an irony; this is not exactly taking back—

John Bercow Portrait Mr Speaker
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Order. I have the highest regard for the hon. Gentleman, but we are in danger of eliding into tomorrow’s debate. I am not casting aspersions on the hon. Gentleman, who is a consummate parliamentarian, but the issue before the House now is the motion moved by the Leader of the House, which is a sittings motion: the issue is whether we should sit tomorrow for the period specified. A very occasional reference to what we would be meeting to discuss is one thing, but to devote a speech to the merits or demerits of tomorrow’s motion goes way beyond that, and I do not want this debate to be the debate we are proposing to have, and that the Leader of the House is advocating having, tomorrow.

Chris Bryant Portrait Chris Bryant
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Mr Speaker, if you had just told me to shut up I probably would have done so; you could have done it a bit more briefly, if I might say. [Hon. Members: “Hear, hear.”]

John Bercow Portrait Mr Speaker
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Order. Let me just say to the hon. Gentleman that although I always profit by his counsels he has already devoted some minutes to the substance of tomorrow so it ill behoves him to lecture me on brevity. He has spoken for quite a long time, not on the sittings motion but on the substance of tomorrow. Wrap it up, man.

Chris Bryant Portrait Chris Bryant
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I could say the same, Mr Speaker.

John Bercow Portrait Mr Speaker
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Resume your seat. I say very gently to the hon. Gentleman, let it go, make your point—which we always enjoy hearing—finish the speech, and let others take part. I do not need any backchat from the hon. Gentleman.

Chris Bryant Portrait Chris Bryant
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What the Leader of the House is proposing in this motion is that we should adopt a new precedent. There has been much talk of precedent in the last few days in terms of the way we proceed here, and I believe in precedent, which is why I believe we should very rarely set the precedent we are setting for tomorrow. I think for instance we should abide by the precedent that when a Government lose a major policy they fall, and that when a Government Minister proposes a motion they vote for it. All of these are precedents that have been abandoned.

I am happy for us to sit tomorrow, but I would just say that if it is absolutely clear, as has already been stated, that tomorrow’s motion is not a meaningful vote, it is then a meaningless vote and consequently there is little point to us sitting. And the one precedent that I am absolutely sure the House will always have abided by in the past and will probably abide by tomorrow is that when the Government come up with a policy—a change of mood, a change of style, a different way of doing business—that is too clever by half, they always lose.

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Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
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I have learned to read the details of European Council conclusions. Last Wednesday night, Donald Tusk sent out a message that an extension—

John Bercow Portrait Mr Speaker
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Order. I am sorry, but I said it before to the hon. Member for Rhondda (Chris Bryant), who took it in pretty good spirit—[Laughter.] Well, reasonable spirit. With the greatest of respect to the hon. Lady, whose experience of the European Parliament is well known, this is not a debate about tomorrow’s motion. I have said this before and I will say it again: this is a debate on the sittings motion. That is all we are debating now. If the hon. Lady would like to make a few remarks—[Interruption.] No, I am telling the hon. Lady what the situation is. The debate is on the sittings motion. If she would like to make a speech on that motion, she can do so, but this is not about tomorrow’s debate.

Vicky Ford Portrait Vicky Ford
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Thank you, Mr Speaker. Some of the points of order that have already been made this evening suggested that we should be voting on both the withdrawal agreement and other parts of the agreement, but Europe has made it clear that it needs a decision tomorrow on the withdrawal agreement. Let us agree that that is what we need to do tomorrow, and I will be here to do that.

George Howarth Portrait Mr George Howarth (Knowsley) (Lab)
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In a point of order a few moments ago, Mr Speaker, I asked you whether there was any mechanism by way of an urgent question that we could get a response from the Attorney General to the point made earlier by my right hon. Friend the Member for Leeds Central (Hilary Benn). It is important that we get an answer before we conclude this evening’s proceedings, because how we vote tomorrow could, as my right hon. Friend said, have an effect on any further delay that the European Commission might consider. Can we ask the Attorney General to make a statement on that during the course of this debate?

John Bercow Portrait Mr Speaker
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In so far as it is germane to the right hon. Gentleman’s view as to whether the sittings motion should pass, it is a reasonable point for him to raise. I can say only that the Attorney General can respond now, but I think it became clear in earlier exchanges that he was minded to address such matters tomorrow.

George Howarth Portrait Mr Howarth
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Not good enough.

John Bercow Portrait Mr Speaker
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If the right hon. Gentleman concludes that that is not good enough, that may inform his view of the sittings motion. I explained the situation on the sittings motion to the hon. Member for Chelmsford (Vicky Ford) and I say the same to the right hon. Gentleman, but I thank him for what he said.

--- Later in debate ---
Angus Brendan MacNeil Portrait Angus Brendan MacNeil
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Absolutely. My hon. Friend makes a good point. In a number of business questions sessions, I and other Members have asked the Leader of the House for time to make progress on the Refugees (Family Reunion) (No. 2) Bill—

John Bercow Portrait Mr Speaker
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Order. The hon. Gentleman was led astray from the path of virtue when his hon. Friend exhorted him to list matters that it would be worthy to debate tomorrow. I can advise the hon. Gentleman on that matter: the sittings of the House motion specifies the purpose for which the House will meet, and an amendment to it specifies a purpose for which it should not meet. It is clear from the motion what it is about, and this debate is not an opportunity to dilate on a vast range of other matters, which may be of interest to the hon. Gentleman but which are not consistent with the terms of the motion. If I have somewhat truncated the hon. Gentleman’s speech as a result, I am sure he is sad, but that is the reality.

Angus Brendan MacNeil Portrait Angus Brendan MacNeil
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I was rather enjoying your own speech there, Mr Speaker.

To finish, I want to underline the humiliation that is the House of Commons turning up at the demand of the EU. I wonder if the 50ps might get melted down tomorrow and turned into something a little more useful. God bless ya.

Amendment (a) agreed to.

Main Question, as amended, put and agreed to.

Resolved,

That this House shall sit on Friday 29 March 2019 but that sitting shall not be used for proceedings on consideration of the Overseas Electors Bill.

Lord Coaker Portrait Vernon Coaker (Gedling) (Lab)
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On a point of order, Mr Speaker. Is there any way to emphasise a point you made earlier concerning tomorrow’s motion, where it says the House

“resolves that it is content to proceed to the next steps of this process”?

Given that the next steps of the process very much depend on the EU withdrawal and implementation Bill, is there any way we can emphasise to the Government the importance of that Bill, which exists in draft form, being published so that, in resolving to move to the next steps, we can know what those steps are, particularly as some of us are of the view that we might see in that Bill the introduction of retrospective legislation to change certain parts of the European Union (Withdrawal) Act 2018?

John Bercow Portrait Mr Speaker
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This matter was touched on earlier. Whether the Bill will be published in time for the debate I do not know—it remains to be seen—but the very strong wish of the hon. Gentleman and some others that it should be has been noted.

I note in passing to colleagues that 29 March is itself Brexit neutral. I say that because, if memory serves me correctly, tomorrow, 29 March, is the birthday of the noble Lord Tebbit of Chingford and of Sir John Major.

John Bercow Portrait Mr Speaker
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And, very importantly, it is the birthday of the hon. Lady’s daughter, and doubtless of a great many other people to boot, Brexiteer and remainer alike. [Interruption.] I cannot name them all, I am afraid. I am grateful to the right hon. Member for Don Valley (Caroline Flint), but I am afraid that my knowledge is not that great. It was a good try.