Prorogation (Disclosure of Communications)

Debate between Kevin Brennan and Dominic Grieve

Monday 9th September 2019 Commons Chamber

[Mr Dominic Grieve (Beaconsfield) (Ind)]

I beg to move,

That this House has considered the matter of prorogation with the imminence of an exit from the European Union and accordingly resolves—

That an Humble Address be presented to Her Majesty, that she will be graciously pleased to direct Ministers to lay before this House, not later than 11.00pm Wednesday 11 September, all correspondence and other communications (whether formal or informal, in both written and electronic form, including but not limited to messaging services including WhatsApp, Telegram, Signal, Facebook messenger, private email accounts both encrypted and unencrypted, text messaging and iMessage and the use of both official and personal mobile phones) to, from or within the present administration, since 23 July 2019 relating to the prorogation of Parliament sent or received by one or more of the following individuals: Hugh Bennett, Simon Burton, Dominic Cummings, Nikki da Costa, Tom Irven, Sir Roy Stone, Christopher James, Lee Cain or Beatrice Timpson; and that Ministers be further directed to lay before this House no later than 11.00pm Wednesday 11 September all the documents prepared within Her Majesty's Government since 23 July 2019 relating to operation Yellowhammer and submitted to the Cabinet or a Cabinet Committee.

I am sorry to have to move this motion, because it ought not to be necessary to do so.

When I was Attorney General, a lot of the work I had to do involved advising on law, but from time to time quite a lot of it was to do with propriety in government. We are very blessed in this country that, as well as obeying the rule of law, there is within government a deep understanding that if our constitution, which is largely unwritten, is to function, there has to be a high level of trust between different parts of government—whether it be Parliament or the Administration—in how our affairs are conducted. I am glad to say that, in my experience, if and when I ever had to step in as Attorney General to point out that I thought propriety might be in danger of being infringed, I always had a positive response from my colleagues in government about the necessity at all times to be seen to be acting with clean hands.

[Kevin Brennan (Cardiff West) (Lab)]

On that point, if the right hon. and learned Gentleman is successful and the Government are obliged to supply these papers, is he confident that the current Prime Minister and the Executive will do so?

[Mr Grieve]

Seeing that this would be a Humble Address to Her Majesty the Queen for the documents, I very much hope that there could be no question other than that they will be provided, because it is the custom and practice and the convention that such Humble Addresses are responded to positively by the Government.

The reason why we have these rules is to manage difference. They provide a framework for our debates that—because, as I say, there is a high level of trust— enables us to manage sometimes serious difference, such as we undoubtedly have at the moment, in a moderate fashion. We are able sometimes to say strong words to each other, but to come together afterwards with a high level of appreciation of the other’s point of view and an absolute certainty that one side is not trying to trick the other. My concern is that there is now increasing and compelling evidence that this trust is breaking down and, indeed, that there is cause to be concerned that the conventions are not being maintained.

This of course arises particularly because of the decision to prorogue this House. I do not think I need to go into too much history to point out that, in recent years, the power of Prorogation has been used for only two reasons. The first is to have the short interval, usually of no more than seven or eight days, between one Session and the next, so that a Queen’s Speech may take place. It has also been used at times to extend time for a general election in order to maintain a power by which this House could be recalled in an emergency before it is finally dissolved. The use being made of it by the Government in proroguing this House until 14 October is, in current times, unprecedented. It is a long period, and all the more startling because it takes place against the background of what is without doubt—it is a bit difficult to gainsay it—a growing national crisis.