Legal Advice: Prorogation

Debate between Geoffrey Cox and Luciana Berger

Wednesday 25th September 2019 Commons Chamber

[The Attorney General]

As to my hon. Friend’s first question, I say that, plainly, if one re-examines the historical records, there is no doubt that there would have been some—possibly quite a few— Prorogations that, under this test, might have had difficulty in passing. For example, Ramsay MacDonald prorogued this Parliament in 1930 for some months, during the course of a minority Government, at a time when the great Wall Street Crash had happened in 1929 and when I have no doubt that some would have said that the House should sit to determine the onset of the great depression and debate those important matters, but the courts looked on—they looked on impassively—as that Labour Government decided to prorogue. It happened again in 1948 and right up into the 1990s when it was said that a Parliament had been prorogued in order to avoid an embarrassing Select Committee inquiry. From now on, when a Prime Minister has to prorogue Parliament, he will have to look at all the Select Committees, see what inquiries they are doing and which Chairmen of which Select Committees might say in a mortally wounded and offended manner, “Why, to prorogue and not to allow my Select Committee to report is a matter of public importance, for which I will go to court and stop the Prorogation.” I do think that this test set by the Supreme Court invites quite a number of significant questions.

[Luciana Berger (Liverpool, Wavertree) (LD)]

The Attorney General has told us that he does not agree with the judgment and that he argued against it. If that is the case and the Attorney General was so convinced that Prorogation was lawful, why did not he and the Government provide a witness statement to the Supreme Court to make that case?

[The Attorney General]

There are all kinds of reasons why, in judicial reviews, witness statements are not given in cases of this kind. I cannot discuss the internal counsels of the preparations of a legal case because, as I am sure the hon. Lady understands, they are covered by the wholly appropriate legal professional privilege.

Independent Retailers

Debate between Geoffrey Cox and Luciana Berger

Wednesday 24th November 2010 Westminster Hall

[Mr Cox]

He does not have the hair to be Lady Godiva, although he has a fine head of hair none the less. Picture him riding out on his white charger, shouldering his lance and flying the flag for the high street. I know that the Minister is a Cornishman, and speaking as a Devonian, we look across the Tamar river with admiration, regard and not a little envy. The sum of £132 million is being spent on the good people of Cornwall—and by Jove they deserve it—joining up every village, town and community to super-fast broadband. The people of my constituency are like small children pressed up against the window of the pie shop, envying the sight of the riches within.

Broadband is important, and in Cornwall people are getting access to that wonderful opportunity—as a Cornishman, the Minister will be delighted with that. In market towns, high streets and small businesses in the wider area, broadband is crucial. However, in parts of my constituency, people can barely get half a megabit, and the best speed is about 5 or 6 megabits. We will look at speeds of 100 megabits in Cornwall. I do not know about Devonwall; we might even apply to join. Tremendous advantages can be conferred by broadband, and I urge the Minister to remember the Government’s commitment.

[Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)]

On that important point, is the hon. and learned Gentleman aware that more than half of small businesses rely on the internet for up to 50% of their annual turnover? It is crucial for the Government to bear that in mind.

[Mr Cox]

We can join across the House in the nicest possible way and agree that that is a critical issue for small businesses, not only in the high street but in the rural areas that I represent and in cities and towns across the country. It is a particularly important issue in Torridge and West Devon, where the broadband service is poor. Across the border, however, there will be a wonderful broadband opportunity. We are committed to rolling out fast broadband by 2015, and I urge the Minister to accord that due priority. A combination of those things will make the difference to the high street.

My hon. Friend the Member for Northampton South, who is no longer in his place, recommended in the Conservative commission into small shops in the high street that we should look at a community hub enterprise area that brings together all partnerships and schemes under one simple banner, thereby enabling the Government to support them. I commend the recommendations of that 2008 commission to the Minister. I humorously referred to him as a white knight, riding out in support of the high street. In his response, I hope that he will make it clear that that is what he intends to be.