Business of the House
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Sir Bernard Jenkin
“Ignored” is the operative word that the right hon. Lady uses. Obviously, it is and should always be the practice of Governments to respect the will of the House as expressed in a motion. However, as Mr Speaker himself has confirmed, a motion is merely an expression of opinion, and it is up to the Government to decide how to respond to that opinion. This underlines how, in our system, a Government propose and Parliament disposes. Parliament does not take over the Government’s role, which is what is being proposed in this process.
Chris Bryant (Rhondda) (Lab)
But the historical precedent is that when a Government lose their major policy—whether it is a financial policy, or in this case their most significant policy—they resign. They do not hang about for a vote of no confidence; they automatically resign. That is always been the historical precedent, and it is a bit of a surprise that they have not done it in this case.
Sir Bernard Jenkin
That takes me on to my next point, which is that it seems likely, so long as the Fixed-term Parliaments Act 2011 endures, that minority Governments will continue to be vulnerable to this usurpation of power—or this paralysis, as the hon. Gentleman sees it—which will bring some in this House more influence while never being held accountable or responsible for what happens as a consequence of any decisions made in that way.
The risk is that this process of disapplying Standing Orders, casting aside the processes of the House of Commons, seizing control from the Government, threatening to pass legislation against the Government’s wishes and bending the Executive to the legislature’s will is being used to remove a Government from power but not from office. It seems that the House will strike but not kill, and this new kind of instability is already having dire consequences for our voters’ rapidly diminishing confidence in our nation’s democracy.
Sittings of the House (29 March)
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The Leader of the House of Commons (Andrea Leadsom)
I beg to move,
That this House shall sit on Friday 29 March 2019.
May I start by saying that I recognise that changes to the sittings of the House agreed at short notice can create inconvenience to Members and their constituents? I know how important constituency work is to all of us, and I regret not being able to give more notice. I do, however, believe that all of our constituents expect the House to continue to make progress at this crucial time. To be of assistance to the House, I can again confirm that, should the House agree to this motion, it is intended that the sitting hours tomorrow will be the same as for a normal sitting Friday, with the House sitting from 9.30 am and the moment of interruption at 2.30 pm. Should any urgent questions be allowed, these would take place from 11 am and the debate would resume following those urgent questions in the usual way. As I said earlier today in my business statement, I join those who recognise the hard work and dedication of the staff of the House and of our civil servants. I thank them for their support to us in this place, and I am very grateful to them in advance for their work tomorrow should this motion be agreed.
As I said to the House during my business statement earlier today, the motion tabled by the Government this afternoon has been prepared in order that it complies with your ruling, Mr Speaker, while also reflecting that the European Union will agree an extension to article 50 until 22 May only if the withdrawal agreement is approved by 11 pm on 29 March. It is crucial, therefore, that we make every effort to give effect to the Council’s decision, and tomorrow’s motion gives Parliament the opportunity to secure that extension. I think we can all agree that we do not want to be in the situation of asking for another extension and facing the potential requirement of participating in European Parliament elections.
Chris Bryant (Rhondda) (Lab)
Could the Leader of the House read out the motion, so that we know what we will be debating tomorrow?
Andrea Leadsom
The motion has been tabled, and the hon. Gentleman will be able to find it in the Table Office. [Interruption.] I am happy to read it out. It is quite lengthy, so I hope Members will bear with me. It reads:
“That this House notes the European Council Decision of 22 March 2019 taken in agreement with the United Kingdom extending the period under Article 50(3) of the Treaty on European Union, which provides for an extension to the Article 50 period to 22 May 2019 only if the House of Commons approves the Withdrawal Agreement by 29 March 2019; notes that if the House does not do so by that date the Article 50 period will only as a matter of law be extended to 12 April 2019 and that any extension beyond 22 May 2019 would require the UK to bring forward the necessary Day of Poll Order to hold elections to the European Parliament; notes that Article 184 of the Withdrawal Agreement refers to the Political Declaration between the UK and EU agreed on 25 November 2018, but that the EU has stated it remains open to negotiating changes to the Political Declaration; notes that the House is currently undertaking deliberations to identify whether there is a design for the future relationship that commands its support; notes that even should changes be sought to the Political Declaration, leaving the European Union with a deal still requires the Withdrawal Agreement; declares that it wishes to leave the EU with an agreement as soon as possible and does not wish to have a longer extension; therefore approves the Withdrawal Agreement, the Joint Instrument and the Unilateral Declaration laid before the House on 11 March 2019 so that the UK can leave the EU on 22 May 2019; notes that this approval does not by itself meet the requirements of section 13(l)(b) of the European Union (Withdrawal) Act 2018; and resolves that it is content to proceed to the next steps of this process, including fulfilling section 13 of this Act.”
Andrea Leadsom
The hon. Gentleman will be aware that motions are amendable, and the selection of amendments is a matter for the Speaker.
Chris Bryant
I am grateful to the Leader of the House for reading out the motion; that is helpful for the House. So far as I understand it, if the motion were carried tomorrow, the Government would not be able to ratify the withdrawal agreement treaty. Is that correct?
Andrea Leadsom
No. It would mean that the withdrawal agreement Bill would then be before the House.
I think we can all agree that we do not want to be in the situation of asking for another extension and facing the potential requirement of participating in European Parliament elections.
Chris Bryant (Rhondda) (Lab)
Who would have thought that a debate on whether we should sit tomorrow would get everyone so wound up?
In one sense, this is very simple. We are simply deciding, at a moment of national crisis, whether or not we should sit tomorrow, notwithstanding the normal practice of the House, which is that we only sit on Fridays for private Members’ business. I do not think that a single Member of the House would resent the Government’s motion proposing that we should sit tomorrow, because we know that this is a very important moment for our country, and we need to get this right. However, as every good architect will tell you, form must always follow function. My anxiety is that when the Government announced that we were going to sit tomorrow, they should have told us what we were going to sit for. We should have had plenty of prior notice, not the negligible notice that we have had.
I understand, and take in good faith, the difficulties that the Government have had in trying to get to this moment, but I think that the motion that we will debate tomorrow is problematic in many ways, and I think that that gives us reason to ask whether we should really be sitting to consider this matter tomorrow. [Interruption.] No, this is not a point of order. I am taking part in the debate. This is a debate on a motion which is before the House.
I have a problem with the function that we are being asked to address tomorrow. First, the motion expressly does not meet the requirements of our own law, passed in this House, namely section 13 of the European Union (Withdrawal) Act 2018, which clearly binds together the withdrawal agreement and the political declaration. Indeed the Prime Minister herself had repeatedly said the two things could not be separated out, and for that matter senior members of other Governments elsewhere in Europe have also said the two things go together. Indeed the Prime Minister’s express point was that if they were separated out, we in the UK would be losing the benefits we gained. So I have an anxiety about that element.
Martin Whitfield (East Lothian) (Lab)
Will my hon. Friend give way on that point?
Chris Bryant
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—
Mr Speaker
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
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.”]
Mr Speaker
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.
Mr Speaker
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
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.
Business of the House
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Andrea Leadsom
My hon. Friend should refer back to the business statement that I just made, which still stands.
Chris Bryant (Rhondda) (Lab)
There seems to be some shenaniganating going on here. The Leader of the House is being very coy, which is not normal for her; she is normally more up front. Maybe we can tease it out of her: is the plan to bring forward just the withdrawal agreement for the motion tomorrow? If that is the case, a lot of us in this House will think that that does not meet the requirement of the withdrawal Act, which states quite categorically that the Government will not be able to ratify the withdrawal agreement unless
“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”.
Unless she is going to say now that tomorrow’s motion is properly in line with the Act and would allow ratification, frankly tomorrow is a complete and utter waste of time, and we would be better off voting against her motion later today.
Andrea Leadsom
I have tried to be as open as I possibly can on this. As the hon. Gentleman will realise, the fact is that a motion that comes forward tomorrow must enable us to meet the European Council conclusions, which say:
“Any unilateral commitment, statement or other act…should be compatible with the letter and the spirit of the Withdrawal Agreement.”
It must also comply with the Speaker’s ruling, and it must enable the House to move forward. Quite genuinely, of course it will meet UK law, and the reality is that it has not yet been finalised, but it will be brought forward just as soon as possible, in time for the House to discuss the business motion in the name of my right hon. Friend the Prime Minister this evening.
Points of Order
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Mr Speaker
I think the right hon. Gentleman’s point—of which, as he says, I had no advance notice—stands in its own right. Many people will feel that it is a powerful observation. There are a number of reasons for the long-established convention that the House is not asked to decide the same question more than once in the same Session. The reason invoked by the right hon. Gentleman was not, from my study of history, part of the original rationale for it, but in my own view it is a powerful reinforcement of the continuing case for the convention. He has made an extremely important point, and it is something on which colleagues at all levels need to reflect.
Chris Bryant (Rhondda) (Lab)
On a point of order, Mr Speaker. I understand why the Leader of the House is not able to give us details of exactly what is going to happen tomorrow—I think it has not yet quite been decided—but as soon as it has been decided and a motion has been tabled, it would be good if the whole House was able to know what that motion is. For instance, would it be possible to put it up on the annunciator once the Government have tabled their motion, so that people would be able to table amendments and to consider whether they think it is appropriate to vote for or against the motion that we sit tomorrow? It would be good if the Government were able to do that by 5 o’clock, before we start that debate, which I understand could go on until any hour tonight. Would you like to make some kind of provision about manuscript amendments in relation to tomorrow’s proceedings, Mr Speaker, as we still have no idea what the business tomorrow is really going to be, other than that it will be broadly to do with Brexit? The worst of all possible worlds is if we just keep on going round and round and round and round in circles, still riding the same hobby-horses.
Mr Speaker
The hon. Gentleman makes a compelling case, and it will have been heard by colleagues. For my part, in so far as he exhorts me to seek to facilitate manuscript amendments and so on, I am inclined to say to him that I shall always profit by his counsels. I always have done and I dare say I always will do.
Business of the House
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Mr Jacob Rees-Mogg (North East Somerset) (Con)
I oppose this motion because I think that it is constitutionally ill thought through. Our country does not have a codified constitution, but it works on conventions, and those conventions are precious to those in government and to those not in government, for the tables may be turned at some point and the Labour party may find it has a minority Government and cannot keep the business of the House as it would expect.
Why do the Government need this primacy on the business of the House? As my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) says, it is absolutely right that the Standing Orders are the property of this House and are not challengeable outside this House, and our governmental system works through the Queen in Parliament. The Queen, in this sense, is represented by the Executive, and there is a separation between the Executive and the legislature that we all know about. That separation requires that the proposition of events comes from the Government and that the amendment, review and redress in relation to those events comes from this House.
Chris Bryant (Rhondda) (Lab)
One of the conventions that has lasted for a very long time is that a parliamentary Session lasts for a year unless a general election intervenes and makes it more sensible for a Session to be 15 months, or something like that. In a parliamentary Session, as the hon. Gentleman knows, the Standing Orders provide that there should be so many days set aside as Opposition days. That has been completely broken in this Session, which has gone on for nearly two years. We have not had an Opposition day since November, the longest period in living memory.
Mr Rees-Mogg
I agree that it is important to observe the conventions, because the conventions protect the interests of everybody. If the hon. Gentleman is calling for a Prorogation so we may reset and have Opposition days, I would not be opposed to that. It may well be time for a Prorogation.
Business of the House
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Andrea Leadsom
I think my right hon. Friend poses an unanswerable question, because of course the ingenuity of the House knows no bounds. What the House has been clear about is that it does not want a no-deal Brexit or a Brexit on WTO terms. I share that desire, but, as we have always been clear, the way to avoid a no-deal Brexit is to vote for the deal. If I may, Mr Speaker, I will quote directly from the European Council conclusions:
“The European Council reiterates that there can be no opening of the Withdrawal Agreement that was agreed between the Union and the United Kingdom in November 2018. Any unilateral commitment, statement or other act should be compatible with the letter and the spirit of the Withdrawal Agreement.”
So all the terms under which the UK leaves the EU are subject to the agreement by this House of the withdrawal agreement.
Chris Bryant (Rhondda) (Lab)
It is potty to announce today that we are going to have the statutory instrument tomorrow evening, at the fag end of the business. That is absolutely ludicrous when we could perfectly easily do it on Thursday.
May I ask the Leader of the House whether we will be sitting on Friday? I have a particular interest: Friday is Brain Tumour Research’s Wear A Hat Day, and it is encouraging everybody around the country to wear a hat to work on that day. As you will know, Mr Speaker, “Erskine May” is now silent, on page 451, about whether we can wear a hat in the Chamber, although I think we are expected to speak uncovered. Would it not be a good idea for the Leader of the House to announce now, if we are sitting on Friday, that we are going to do that on Friday, or if not, that we can all wear hats on Thursday?
Andrea Leadsom
Excellent. I once wore a hat because I wanted to take my hat off to the right hon. Baroness Jowell, who sadly is no longer with us, for her brilliance in establishing Sure Start. I can tell you, Mr Speaker, that you tolerated my wearing of a hat in honour of what I felt was a very good cause.
The hon. Gentleman asks a very specific question. As he will be aware, at the moment there are no plans to sit on Friday. If there were plans to do that, it would require the passing of a motion to that effect, which the House would have to agree.
Business of the House
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Sir Edward Leigh (Gainsborough) (Con)
With regard to the meaningful vote which we are going to have apparently next week—
Sir Edward Leigh
Or not. May I urge the Government to be bold and decisive in order to comply with your ruling, Mr Speaker, and to change the wording significantly so that we can have the vote that we all want? May I suggest that one way forward is by way of the unilateral declaration? A unilateral declaration can of course be changed unilaterally: we do not need the EU to agree. I suggest that we should try to persuade our colleagues in Northern Ireland that, by beefing up this declaration, we can ensure it is not necessary to prove bad faith; we just have to prove that negotiations have broken down and then we can exit the backstop. Also, it should be conditional; we sign up to this treaty on condition that the declaration is not refused by the EU. All we need to prove is that it does not ratify. So let’s be bold, let’s be decisive, and let’s get this vote into Parliament.
Andrea Leadsom
I pay tribute to the hon. Gentleman’s young constituents for their commitment to tackling global climate change; they are absolutely right to do so. I am sure that he will acknowledge the UK’s strong record and efforts to tackle global climate change, whereby we have reduced emissions faster than any other G7 nation. The latest figures show that we have reduced greenhouse gas emissions by 23% since 2010. In November 2016, we ratified the Paris agreement, which was the first truly global, legally binding agreement to tackle climate change. Of course there is much more that we should and can do, and I am sure that there will be further opportunities given the clear push from young people right across the country. I will take very seriously the hon. Gentleman’s request for a further debate on global climate change, and see what can be done.
Chris Bryant (Rhondda) (Lab)
I reckon that I have worked out where everything has gone wrong over the last couple of years in this Parliament. We have discovered today from the Foreign Secretary, and now from the Leader of the House, that a new and rather dangerous doctrine has been developed in the Government that, when there is a hung Parliament, it is the duty of MPs—broadly speaking—to support the Government, even if they do not think that it is a very good idea. That is the essence of it, isn’t it? Actually, it should be the other way around. In a hung Parliament, the Government must listen to the whole House.
I have a solution, and I think the Leader of the House can help. When Government Ministers are given their copy of the ministerial code of conduct, they should all also be given a copy of the 1936 book, “How to Win Friends and Influence People”. Clearly the Prime Minister did not have a copy last night—not least because it guarantees the reader that it will “increase your popularity” and:
“Help you to win people to your way of thinking.”
I am sure that if the Leader of the House could leave here later, pop over to the Prime Minister and give her a copy, she would manage to solve everything, because the key to the book is to always smile and never get cross.
Andrea Leadsom
Well, where to start? I may as well cut straight to the chase and say that I actually agree with the hon. Gentleman. I am not for one moment saying that all parliamentarians in a hung Parliament should do exactly as the Government say. I agree with the hon. Gentleman that people in a hung Parliament work together. I gave the example of 51 Government Bills having been introduced in this Session, 41 of which have already received Royal Assent. As hon. Members will know, that has happened as a result of great discussion, a huge number of concessions and close collaboration right across the House in order for the Government to achieve a consensus that the House would then support.
My point is not that parliamentarians have to do as the Government say at all, but that parliamentarians should be looking for what they can agree to. I am advocating the Prime Minister’s deal on the very clear grounds that it offers departure from the European Union, but a close and ongoing relationship with our EU friends and neighbours. That seems the right kind of compromise, which all hon. Members could get behind. Nevertheless, should we get to the point of introducing the withdrawal agreement Bill, which is the piece of legislation that would put into law the decision of the House, I have absolutely no doubt that there would be very close collaboration, and many concessions and discussions, in order to get the legislation through. So I agree with the hon. Gentleman. As Parliament’s voice in Government, it is my great pleasure that I often find myself pleading with Government Ministers to listen to the view of Parliament, and I will continue to do so.
Mr Speaker
And us all. The Leader of the House says that she is Parliament’s voice in Government. Although that is constitutionally the position she holds, she is certainly Government’s voice in Parliament. I think that we have always been very clear about that as well, and we acknowledge that part of her responsibilities.
Business of the House
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Andrea Leadsom
As the hon. Gentleman will know, the Prime Minister set out some time ago that should the House reject the withdrawal agreement and future declaration, there would be a discussion for the House to decide whether it wished to take leaving the EU without a deal off the table, and then, should the House make that decision, there would be a further discussion on whether the House wishes to seek an extension to article 50. That is the motion we will discuss tomorrow.
As my right hon. Friend the Prime Minister has just said, tomorrow’s motion will set out the fundamental choices facing the House. If the House finds a way in the coming days to support a deal, that will allow the Government to seek a short, limited, technical extension to article 50 till 30 June 2019, to provide time to pass the necessary legislation and ratify the agreement we have reached with the EU. If the House does not find the way to support a deal in the coming days, and is not willing to support leaving without a deal on 29 March, it is highly likely that the EU will require a clear purpose for any extension, not least to determine its length, and that any extension beyond 30 June 2019 would require the United Kingdom to hold European Parliament elections in May. I hope that that answers the hon. Gentleman’s question.
Chris Bryant (Rhondda) (Lab)
The motion, which we now know will be debated tomorrow—doubtless it will be subject to amendments—says that the House has to agree a motion
“approving the negotiated withdrawal agreement and the framework”
by
“20 March”.
Does that mean that the Government intend to bring forward the same motion that we have dismissed in this Session on Monday or Tuesday next week? If so, I gently suggest to the Leader of the House that that flouts all the conventions that have operated in this House since the 16th century. It has always been held that, if a motion has been dismissed in one Session of Parliament, it cannot be brought again. Clerks regularly refuse to accept ten-minute rule Bills and private Members’ Bills that have been disposed of in the Session. Will we have that motion on Monday or Tuesday? If so, does the Leader of the House confidently expect Mr Speaker to refuse to allow it?
Andrea Leadsom
The hon. Gentleman will be aware that the House has just voted twice on the amendment in the name of my right hon. Friend the Member for Meriden (Dame Caroline Spelman) among others. That vote was on the same amendment.
Business of the House
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Mr Speaker
I appreciate that that is not the answer the hon. Lady wants, but it is the answer she is getting tonight. I understand entirely where she is coming from, but these matters can all be explored in the days ahead, and I am absolutely certain that they will be.
Chris Bryant (Rhondda) (Lab)
I guess that if the Government have tabled the main motion, they have also tabled the Business of the House motion governing tomorrow, so I do not understand why the Leader of the House cannot just tell us what time the votes will be tomorrow. It would be for the convenience of Members who have families and so on to know, because we are substantially changing the business for one of the most important matters affecting the House. Will it be at 7 o’clock tomorrow evening? Will it be 5 o’clock or 7 o’clock on Thursday?
Business of the House
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Andrea Leadsom
My hon. Friend raises a very important matter, and I know she is very knowledgeable in this area. The voisinage arrangement has been in place since 1965 but was suspended by Ireland following a decision by the Irish Supreme Court in October 2016, as she knows. On 26 February, two Northern Ireland fishing vessels were detained, but on 1 March the skippers were not convicted under the Probation Act and the vessels were released. Since the suspension of the arrangement, the UK Government have raised this issue several times and have been clear that we cannot accept continued unequal application indefinitely. We continue to explore solutions to reinstate a level playing field as quickly as possible for the benefit of all our fishermen.
Chris Bryant (Rhondda) (Lab)
Unfortunately, skin cancer is very much on the rise in the UK, partly because lots of us have skin like mine with freckles and fair hair and are not really built for the sun, but still go on holiday to Spain and other places and do not cover up properly when the sun is out.
May we have a debate on skin cancer, so that more people can be made aware that if they have a dodgy mole, going to the doctor can save their life if it is caught very early; so that everyone covers up their kids, particularly when the sun comes up; and so that no one uses a tanning machine, because, frankly, those things are death machines?
While I am here, let me say this. I am nobody special—I am just one of the many, many hundreds of people who have received diagnoses of skin cancer in the last few weeks, including other Members—but I am enormously grateful for the love that many people have shown in the House, some of them people to whom I have been phenomenally rude across the Chamber. I am not going to stop being rude, but may I just say thank you to those who have been truly, truly lovely, including the Leader of the House herself?
Andrea Leadsom
Let me say first to the hon. Gentleman that he is very special to me, and he is very special to many other people both in the House and outside it. He has made some incredibly important points, not the least of which was that his own skin cancer was under his hair. We often put sun cream on the exposed bits, but not necessarily in our hair, because that would be slightly odd. I absolutely agree with the hon. Gentleman about the need to wear a hat.