Points of Order

Joanna Cherry Excerpts

Monday 17th December 2018 Commons Chamber

[Mr Speaker]

I thank the Leader of the Opposition for what he has said. It requires no response from me, but it is on the record.

[Joanna Cherry (Edinburgh South West) (SNP)]

On a point of order, Mr Speaker. In response to a couple of questions from my hon. Friends, the Prime Minister implied that Scottish National party MPs and the Scottish Government were aware at the time the Bill was brought that the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill was outwith the legislative competence of the Scottish Parliament. I am sure that the Prime Minister has inadvertently overlooked the fact that last week the UK Supreme Court passed judgment in the case that was referred to by the Attorney General and found in fact that the Bill was within the competence of the Scottish Parliament when passed—all save one clause, clause 17—and that it was only the subsequent enactment of the EU withdrawal Act that retrospectively took powers away from the Scottish Parliament, meaning that the Bill was no longer within its powers.

Tory Members of the Scottish Parliament have been peddling misinformation about the Supreme Court judgment and there have been a number of inaccurate media reports over the last few days. I am certain that the Prime Minister would not mean to perpetuate misunderstandings about a judgment of the UK Supreme Court, Mr Speaker, and I seek your guidance on how I can put the matter straight and on the record.

[Mr Speaker]

I think that the hon. and learned Lady has found her own salvation. She is aware of the device—one might almost go so far as to call it a ruse—of an attempted, but in practice bogus, point of order to put across a particular point that is dear to her head and her heart, and she has succeeded in that mission with admirable clarity and eloquence. The point is on the record. It will be read in the Official Report, and I have a sense that the hon. and learned Lady will seek to spread copies of the Official Report far and wide, in her own constituency and doubtless beyond.

As far as Ministers are concerned, including the Prime Minister, it is of course incumbent on any Minister who thinks that he or she may inadvertently have given incorrect information to the House to correct the record. Whether in this case it has been decided to do so is not a matter for me, but I hope that the hon. and learned Lady feels that she has achieved her objective this afternoon.