Business of the House

Debate between Neil Gray and Oliver Letwin

Wednesday 27th March 2019 Commons Chamber

[Sir Oliver Letwin]

I am grateful to my right hon. Friend for his observation about precedents. As a former Chief Whip, he knows very well how these things happen. It is indeed the case that our constitution has evolved through a series of adjustments, and there will be a precedent in this instance. I hope, incidentally—because I am not actually a revolutionary—that it will not be taken as a precedent for events like this to take place every day of the week. I profoundly hope that our successors in the House will not for many decades face an emergency of the kind that we are currently facing, because this is not a way of proceeding that I think any of us would like our country to face in the future.

As for my right hon. Friend’s point about the motions, I am much more confident than his question suggested that you, Mr Speaker, will select a full range of motions representing a full range of views, and that there will be ample opportunity for people, genuinely and openly, to support the positions that they wish to support and object to the positions to which they object. I think we shall see that when you make your selection, Mr Speaker, because I know that your intention has been—as has mine, and, I think, that of the House as a whole—to use this as a genuine opportunity for people to come together on the basis of looking at a full range of options and having every sensible choice available to them.

[Neil Gray (Airdrie and Shotts) (SNP)]

Is the right hon. Gentleman surprised—does he, indeed, find it incredible—that the Government apparently do not have an opinion on the motions that we will debate later today—apparently the Cabinet will abstain and there will be a free vote for his colleagues—but do have an opinion about denying the House the opportunity to have the debate on indicative votes because they are going to vote against the motion that he is proposing?

European Union (Withdrawal) Bill

Debate between Neil Gray and Oliver Letwin

Committee: 2nd sitting: House of Commons
Wednesday 15th November 2017 Commons Chamber

[Sir Oliver Letwin]

That was the subject of a previous intervention, and what I said in response then I will say again. The application of the principles in this Bill is a possible way to go and is not necessarily incompatible with later legislation, but it seems rather awkward to legislate inadequately and then to produce a good piece of legislation that repeals the inadequate legislation—we certainly would not want them to conflict—when it is extremely likely that the Bill in question will actually be marching through the Houses in parallel with the Bill that we are now discussing.

My second point is that the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle)—this is part of the reason why we have a slight difference of view about the means—has far more faith in the current TFEU principles than is justified. They are principles of procedure that govern proceedings and hence have a big effect on the formulation of EU directives. Had they been part of EU law in a strict sense, they would of course have been incorporated into the Bill that we are discussing, and the problems that the hon. Member for Brighton, Pavilion and I agree exist about this Bill not carrying them into UK law would not exist.

At the moment, we have weak procedural principles, and new clauses 60 and 67 seek to take those weak procedural principles and turn them into a weak procedural principle of UK law. I am recommending, and I think the Secretary of State is happy to take forward, a solid statutory basis for a powerful body operating against a statutorily based national policy statement approved in this House in order to create a binding mechanism that is far more ironclad than what is currently on offer.

[Neil Gray (Airdrie and Shotts) (SNP)]

On adopting EU law into domestic law, I am sure the right hon. Gentleman will accept that there is more than one legal jurisdiction in these isles. On that basis, does he believe the UK Government should be discussing and seeking agreement with the Scottish Government on how it should happen in Scotland?

[Sir Oliver Letwin]

I leave that to the Government, but it is noticeable that new clauses 60 and 67 would have UK application. I take it that we will be able, by one means or another, to ensure that such legislation as comes forward is so discussed with the devolved authorities that it, too, has some kind of UK application. The precise means of doing that I am neither competent nor desirous to discuss in the context of these amendments.