European Union (Withdrawal) Debate

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Department: Leader of the House

European Union (Withdrawal)

John Bercow Excerpts
Tuesday 3rd September 2019

(4 years, 6 months ago)

Commons Chamber
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Emergency debate (Standing Order No. 24)
John Bercow Portrait Mr Speaker
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I remind the House—it is a case of reminding as reference was made to this matter only a few moments ago—that a paper with the terms of the motion has been distributed.

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Crispin Blunt Portrait Crispin Blunt
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If my right hon. Friend recalls, the Foreign Affairs Committee’s report on no deal two weeks before we gave notice under article 50, which was unanimously agreed across a Committee wholly split on the merits of the issue, concluded that the damage that would be done by the failure to get an agreement between the United Kingdom and the European Union would be greater for the European Union in material terms, but greater for the United Kingdom in proportionate terms. However, the absolute damage being represented on the other side is at stake, so his negotiation—

John Bercow Portrait Mr Speaker
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Order. It is very selfish if an intervention is so long as to prevent other people from getting in.

Oliver Letwin Portrait Sir Oliver Letwin
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I agree with my hon. Friend that the proportions are different from the absolutes, but I fear that my hon. Friend’s Committee’s report was deficient, in my view, in an important respect. There is a counterbalancing point from the EU’s perspective, and that is that actually demonstrating that it causes great pain proportionately to the country that is doing it is regarded as a significant political, ideological and geopolitical advantage. We have no similar advantage, so the threat to our prosperity and the welfare of our people is the only issue that arises, whereas for the EU there is a positive advantage in a no-deal exit to be balanced against the absolute and proportionately much smaller effect on the member states’ economies. Again, my hon. Friend and I may differ in that judgment, but that is the judgment that we are asking the House to make, and I take the view that I have espoused.

In the light of the four facts—the slender chance of a deal being struck on the Government’s terms; the fact that this is Parliament’s last chance to block a no-deal exit on 31 October; the fact that without a parliamentary block the Government are willing to take us into a no deal exit; and the fact that prospect of such a disorderly and undemocratic no-deal exit is a threat to our prosperity and our Union, rather than an effective negotiating strategy with the EU—we are putting forward to the House today a motion, the sole purpose of which is to enable the House tomorrow to debate and vote on a Bill in the names of the right hon. Member for Leeds Central (Hilary Benn) and my right hon. Friend the Member for North East Bedfordshire (Alistair Burt). If the House votes for this motion tonight, it will give itself the ability to vote for that Bill tomorrow. That Bill will mandate the Prime Minister to seek an extension to 31 January unless he has either got a deal in place at the end of the European Council meeting in October and has got it agreed by Parliament or has got Parliament to agree to a no-deal exit by 19 October.

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Peter Bone Portrait Mr Peter Bone (Wellingborough) (Con)
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Will the Leader of the House go back to his point about Standing Order No. 24? It seems to me that he is absolutely correct—as Mr Speaker was correct in his previous statement—that this could not be on a substantive motion. If the motion, which appears to be substantive, is carried tonight, it seems to me that the Government would have every right to declare it ultra vires and ignore it.

John Bercow Portrait Mr Speaker
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Order. I know that the hon. Gentleman will not presume to argue with the judgment of the Chair, entitled as he is to the possession and expression of his opinion. What I say to him in order to help him and to assist the Leader of the House is this: if, in the judgment of the Chair, a motion under Standing Order No. 24 is expressed in neutral terms, it will not be open to amendment—if it is judged to be expressed in neutral terms. The reality of the matter is that there have been previous occasions upon which there have been Standing Order No. 24 motion debates which have contained what I would prefer to call evaluative motions, notably on 18 March 2013 and on 11 December 2018 with which I feel sure the Leader of the House is familiar. It is in conformity with that practice that I have operated. I have taken advice of a professional kind, and I am entirely satisfied that the judgment that I have made is consistent with that advice. My attitude is simply to seek to facilitate the House. The Leader of the House rightly referred to my responsibility as grave and solemn, and I completely accept that as well as I accept his right to his own view about my judgment in this matter. I have sought to exercise my judgment in discharging my responsibility to facilitate the House of Commons—to facilitate the legislature. I have done it; I am doing it; and I will do it to the best of my ability without fear or favour—or, to coin a phrase, come what may, do or die.

Jacob Rees-Mogg Portrait Mr Rees-Mogg
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I am grateful, as always, Mr Speaker, for your contribution to the debate. It is always very useful that your words are referred to and that the House should be reminded of them. It was suggested by you that this matter should be referred to the Procedure Committee and that the motion should be amended, which it has not been.

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Jacob Rees-Mogg Portrait Mr Rees-Mogg
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There is, I am sorry to say, a stunning arrogance to that view. It fails to understand where sovereignty comes from. [Interruption.] I do indeed dare to say this, and I say it to my right hon. Friend.

John Bercow Portrait Mr Speaker
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Order. I recognise that there are strongly held views on both sides of the House on all aspects of this matter, but the Leader of the House must be heard.

Jacob Rees-Mogg Portrait Mr Rees-Mogg
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Sovereignty in this House comes from the British people. The idea that we can overrule 17.4 million people is preposterous, and the idea that our rules do not exist to protect the people from arrogant power grabs is mistaken. Those rules are there for the protection of the people.

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Jacob Rees-Mogg Portrait Mr Rees-Mogg
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Mr Speaker, you will be glad to know that I am drawing gently to a close, and therefore I fear that time for interventions, except from my very old friend, the right hon. Member for Hackney South and Shoreditch (Meg Hillier), the Chair of the very distinguished Committee that she is the Chair of. [Laughter.]

John Bercow Portrait Mr Speaker
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Send him a note!

Meg Hillier Portrait Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
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For once, the right hon. Gentleman has made an error and over-promoted me, but I thank him for his distinctive comments.

There is a serious point here: we are a representative democracy, not a direct democracy. I take that judgment seriously, as I know do colleagues across the House. The Government do not have not have a majority and we are in uncharted constitutional territory, so it is absolutely right and proper that we exercise our judgment in the interests of the country to avoid, at the very least, a no-deal Brexit. For all the right hon. Gentleman’s talk, we must exercise that judgment, and that is what we are doing. It is entirely responsible.

Chris Bryant Portrait Chris Bryant
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No, you’ve been unjustly promoted!

John Bercow Portrait Mr Speaker
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Order. I do not think that the Leader of the House was planning to invite the hon. Member for Hackney South and Shoreditch (Meg Hillier) to join him in Balmoral, so I am not sure that it makes a great deal of difference in the immediate circumstances.

Jacob Rees-Mogg Portrait Mr Rees-Mogg
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Thank you, Mr Speaker. I am afraid that the hon. Lady is wrong because there is a routine constitutional procedure to deal with the situation she describes, and that is the vote of confidence. Yes, we are a representative body, but where does our sovereignty come from? Here I am in agreement with the Scots: sovereignty comes from the people to Parliament. We hold it in trust for them and they gave us an instruction. If we follow this route, we are left with but three options: we have to accept the deal with its anti-democratic backstop; we have to keep on extending, because Parliament would never accept that we are ready to leave; or we could simply revoke and tell 17.4 million people that they were wrong.

The approach taken today is the most unconstitutional use of this House since the days of Charles Stewart Parnell, when he tried to bung up Parliament. Usurping the Executive’s right is unconstitutional; the abuse of emergency debates to do so is unconstitutional; and the Bill itself is yet more unconstitutional. A. V. Dicey said that all conventions have

“one ultimate object, to secure that Parliament or the Cabinet…shall in the long run give effect to the will…of the nation”.

These conventions are being disregarded today, and so, by extension, is the will of the nation. Parliament sets itself against the people. Sovereignty comes from the people to Parliament. It does not come to Parliament out of a void. If Parliament tries to challenge the people, this stretches the elastic of our constitution near to breaking point. We should recognise that the people are our masters and show ourselves to be their lieges and servants, not place ourselves in the position of their overlords. As we come to vote today, I hope that all Members will contemplate the current constitutional confusion and consider the chaos that this concatenation of circumstances could create.

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None Portrait Several hon. Members rose—
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John Bercow Portrait Mr Speaker
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Order. After we have heard from the Father of the House, whom I intend shall speak next, it will be necessary for there to be a time limit on Back-Bench speeches, imposed by me in the name of trying to accommodate the maximum number of colleagues in this important debate. I call Mr Kenneth Clarke.

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None Portrait Several hon. Members rose—
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John Bercow Portrait Mr Speaker
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Order. I am afraid a five-minute limit on Back-Bench speeches will now apply.

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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 time limit is now reduced to four minutes.

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Nicholas Brown Portrait Mr Nicholas Brown (Newcastle upon Tyne East) (Lab)
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claimed to move the closure (Standing Order No. 36).

Question put forthwith, That the Question be now put.

Question agreed to.

Main Question put accordingly.

The House proceeded to a Division.

John Bercow Portrait Mr Speaker
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I ask the Serjeant at Arms to investigate the delay in the Aye Lobby.