UK’s Withdrawal from the European Union

John Bercow Excerpts
Wednesday 13th March 2019

(5 years, 1 month ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I inform the House that I have selected amendment (a), in the name of the right hon. Member for Meriden (Dame Caroline Spelman), and amendment (f), in the name of the right hon. Member for Ashford (Damian Green).

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Anna Soubry Portrait Anna Soubry
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On a point of order, Mr Speaker. Whether I was ever a distinguished member of the Bar is debatable, but I can tell the right hon. Gentleman as a member of the criminal Bar that we were never paid by the hour when I was at the Bar; in fact repeatedly I worked pro bono, as many criminal barristers have to do under his cuts.

John Bercow Portrait Mr Speaker
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The right hon. Lady has put the facts on the record. I do not think we should get into the subject of who has been remunerated by how much, whether for legal work or penning articles in newspapers or whatever. Instead let us focus on the terms of the debate. I say to the Secretary of State that, in his own interests, the less said about that matter the better.

Michael Gove Portrait Michael Gove
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Thank you very much, Mr Speaker; I believe as a former Lord Chancellor that that is what is known as a refresher, but thank you.

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Michael Gove Portrait Michael Gove
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I want to make a bit of progress, but there will be time for others to intervene. I am also conscious that many Members want to speak—

John Bercow Portrait Mr Speaker
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Forty.

Michael Gove Portrait Michael Gove
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Forty Members. Thank you very much, Mr Speaker.

I stressed earlier that if we choose to leave without a deal on 29 March, this country will face economic, political and constitutional challenges. We are a great country, and we would get through it. We would in due course ensure that this country was more prosperous, freer and successful, and of course the Government have been working hard to ensure that we can be prepared for any eventuality and that we can mitigate the risks of leaving without a deal. At this stage, I should like to pay particular tribute to the civil servants across the Government who have been working exceptionally hard and with great skill to ensure that we are ready for any eventuality. We do not pay tribute to civil servants often enough, and I am sure that everyone across the House will recognise how important their work is. However, I stress that that work is work to mitigate the challenges.

If we were to leave on 29 March without a withdrawal agreement, we would be treated as a third country by the European Union. That would mean that we would face tariffs on many of our products. I am acutely aware that some of the highest and most severe tariffs would be imposed on food. Our sheep farmers and beef farmers would face the instant imposition of tariffs of at least 40% and in some cases more than 100%. Their livelihoods, and indeed the economic and social health of our countryside, would face very challenging circumstances. None of us can be blithe or blasé about those challenges.

We also know that there are at least 145,000 businesses in this country that trade with the EU—and of course do commerce in the UK—but do not trade outside the EU. As soon as we become a third country, they will need to register with Her Majesty’s Revenue and Customs in order to ensure that their trade can continue. Those businesses will need to secure their economic operator registration and identification—EORI—numbers and the other documentation necessary to trade. At the time of speaking, only about 50,000 of those 145,000 businesses have made those preparations. That means that, just over a fortnight away from the prospect of leaving without a deal, a significant number of businesses in this country do not have the wherewithal, the means, or the appropriate documentation to carry on trading.

On top of that, products of animal origin being exported to the European Union will need to undergo sanitary and phytosanitary checks—in addition to customs and other checks—at a border inspection post. A significant amount of our food produce crosses the narrow strait from Dover to Calais or goes through Eurotunnel. At the time of speaking, there is no border inspection post at either of those ports. Of course, there are many things that this Government can do to mitigate the consequences of no deal, but we cannot dictate what the EU’s tariffs will be, we cannot instruct the port authorities in France on how to order their affairs, and we cannot compel businesses to acquire the means necessary to continue to trade in the way that they have been doing. These all represent cumulative costs that businesses would face in the event of a no-deal exit on 29 March.

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Michael Gove Portrait Michael Gove
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No, nay, never—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. The Secretary of State has made the position clear. Let me conduct the very briefest tutorial for the benefit of the illustrious Chair of the International Trade Committee of the House of Commons. It is unseemly, to the point of being disorderly, to try to speak one’s intervention by mouthing it before permission has been given to undertake it. It is a point that is so blindingly obvious that, as I often observe, only an extraordinarily sophisticated person, possibly from Na h-Eileanan an Iar, could fail to grasp it. Secretary of State.

Angus Brendan MacNeil Portrait Angus Brendan MacNeil
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On a point of order—[Interruption.]

John Bercow Portrait Mr Speaker
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Secretary of State.

Michael Gove Portrait Michael Gove
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Thank you very much, Mr Speaker. Once again, I am grateful that you are in the Chair.

The Labour party is now committed to a second referendum, but many of its leading spokespeople have made clear what they thought of a second referendum in the past. The shadow Education Secretary said that it would be a mistake and would show disdain for democracy. Indeed, the shadow Foreign Secretary, the right hon. Member for Islington South and Finsbury (Emily Thornberry), when asked about a second referendum, said, “No, we don’t think that’s right. If we went for a second referendum we would be saying to people, ‘We think you’re stupid. We think you made the wrong decision. We’re going to do something else.’” Now that she embraces a second referendum, I am afraid that having once sneered at the flag of St George, she now confirms that she wants to tell the British people that they are, in her view, wrong and stupid. That may be a view popular in Islington South, but it is not the view of the Government, who are determined to honour the votes of the British people and who will not dismiss their sovereign decision as either wrong or stupid.

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Angela Eagle Portrait Ms Angela Eagle (Wallasey) (Lab)
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On a point of order, Mr Speaker. The Secretary of State has just made it clear that the Government’s intention is to keep putting the same deal back to the House over and again, even though it has been decisively defeated twice, possibly ad infinitum. Is that not out of order?

John Bercow Portrait Mr Speaker
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There are historical precedents for the way in such matters are regarded. I do not need to treat of them now and no ruling is required now. There may be people who have an opinion about it. I am not really preoccupied with that, but a ruling would be made about that matter at the appropriate time, and I am grateful to the hon. Lady for reminding me that such a ruling might at some point in the future be required.

Michael Gove Portrait Michael Gove
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Thank you very much, Mr Speaker. For the benefit of the hon. Lady, let me say that I am simply making it clear that as a result of last night’s vote we face a series of unpalatable choices. The Government have put forward a motion tonight that I hope right hon. and hon. Members will support. It would ensure that we do not leave on 29 March without a deal, but this House has to decide—it has to decide what it wants—and that is why I agreed with the hon. Member for Hove (Peter Kyle). This House has been very good at saying no and insufficiently statesmanlike in supporting the Prime Minister in her efforts. It is now make your mind up time for this House. It is crucial that Members on all sides respond appropriately.

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Joanna Cherry Portrait Joanna Cherry
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On a point of order, Mr Speaker. I think the Secretary of State has got confused between the ruling of the Court of Justice and the preliminary opinion of the advocate-general. It was the preliminary opinion of the advocate-general that suggested that once article 50 was revoked, it could not be implemented again, whereas the opinion of the Court of Justice does not say that. Given that it is a judgment of the highest court in Europe, how can I put the record straight? The Secretary of State seems to have misunderstood the judgment.

John Bercow Portrait Mr Speaker
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That attempted point of order suffered from the material disadvantage of not being a point of order. The hon. and learned Lady has made her point. Legal exegesis as between a court and an advocate-general is not a matter for the Chair. I would go so far as to say that it is well beyond my limited capabilities. I am grateful to the hon. and learned Lady for elevating me to a level of prowess that I cannot profess.

Michael Gove Portrait Michael Gove
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That was revealing of the Scottish National party’s position: it wants to be in and then out, in the same way as it wants to be in the European Union but out of the common fisheries policy. We now know that the SNP is the hokey-cokey party—in, out, shake it all about.

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John Bercow Portrait Mr Speaker
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The hon. Gentleman is a distinguished member of the House of Commons Commission, and I therefore hope that his point of order is authentic and genuine.

Stewart Hosie Portrait Stewart Hosie
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It is as authentic as almost every else’s. Mr Speaker, the Secretary of State just said that we know what the SNP is, what it believes and what its positions are; how can he know that if he refuses to engage in debate, and instead simply behaves like a little primary school bully, refusing to take proper engagement and hiding behind the big boys who are sitting behind him?

John Bercow Portrait Mr Speaker
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Perhaps the Secretary of State is invested with psychic powers—I have no way of knowing—but I am bound to say to the hon. Gentleman that in my dealings with the Secretary of State, I have never regarded him in any way as a bully. He is sometimes insistent upon his point of view, but I must say that I have never found him remotely pressurising. Dealing with him is not difficult at all.

Michael Gove Portrait Michael Gove
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Thank you very much for that generous encomium, Mr Speaker. I am always happy to debate with the SNP.

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Justine Greening Portrait Justine Greening (Putney) (Con)
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On a point of order, Mr Speaker.

John Bercow Portrait Mr Speaker
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I will take the point of order in a minute.

I was very generous to the Secretary of State. We all enjoy his rhetorical flourishes and I will not repeat the precise words, but he used a little formulation a moment ago that was very, very borderline as far as the procedures of this House are concerned. I very gently say to him that what passes muster at the Oxford Union might not be acceptable in the Chamber of the House.

Justine Greening Portrait Justine Greening
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My point of order very much follows on from that. This debate is about whether this House believes that we should leave with no deal, yet the Secretary of State has spent quite some time discussing anything apart from that. I just wondered whether we could get your advice, Mr Speaker, about when this debate is actually going to go back to the terms on the Order Paper.

John Bercow Portrait Mr Speaker
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Those addressing the House from the Treasury Bench get a degree of latitude, but I do note what the right hon. Lady says and I hope that contributions will focus on what the debate is supposed to be about, for if that were not to happen, there would have to be another debate on the matter in order to meet the terms of the commitment that has been given. That might be inconvenient for some people, but that debate on that matter will take place, and about that there need be no doubt on any Bench—Back or Front.

Michael Gove Portrait Michael Gove
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Thank you very much, Mr Speaker. I hope that I was able to outline earlier some of the real difficulties in leaving without a deal on 29 March. It is perfectly open to Members to take different views on that matter.

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None Portrait Several hon. Members rose—
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John Bercow Portrait Mr Speaker
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Order. Just before I call the shadow Secretary of State, I have now to announce the results of today’s deferred Divisions. In respect of the question relating to environmental protection, the Ayes were 315 and the Noes were 235, so the Ayes have it. In respect of the question relating to immigration, the Ayes were 314 and the Noes were 276, so the Ayes have it.

[The Division list is published at the end of today’s debates.]

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Stephen Gethins Portrait Stephen Gethins
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This will be good. Let us hear it then. If you can defend why you lost your majority and still pursue this nonsense hard-deal Brexit—

John Bercow Portrait Mr Speaker
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I did not lose my majority. Mine went to a record level of 25,725, albeit with no main party opponent.

Chris Philp Portrait Chris Philp
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The Conservative party’s share of the vote went up considerably and the Scottish National party lost a third of its seats at the last election. I wanted to raise a more serious point. The hon. Gentleman and the shadow Secretary of State have drawn attention to some of the dangers and risks of a no-deal Brexit. It is not the Government’s desire to see a no-deal Brexit, and it is not mine either. But by ruling out a no-deal exit entirely, people are, by definition, deciding either never to leave or to accept terms no matter how bad. Which of those two is the hon. Gentleman advocating?

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None Portrait Several hon. Members rose—
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John Bercow Portrait Mr Speaker
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Order. We have just over an hour and a half and around 35 people want to speak, so there will with immediate effect, I am afraid, be a five-minute limit on Back-Bench speeches.

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Anna Soubry Portrait Anna Soubry
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On a point of order, Mr Speaker.

John Bercow Portrait Mr Speaker
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I will come to the right hon. Lady’s point of order in a minute.

May I gently say to the right hon. Member for Meriden (Dame Caroline Spelman) that she cannot withdraw her amendment? Her amendment has not yet been moved. Her amendment is, frankly, in the hands of the House of Commons. If she puts forward an amendment and then chooses not to move it, that is for her judgment and people will make their own assessment of that. It is perfectly possible for other signatories to it who do stick with the wish to persist with it to do so.

I come now to the point of order of the right hon. Member for Broxtowe (Anna Soubry).

Anna Soubry Portrait Anna Soubry
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indicated dissent.

John Bercow Portrait Mr Speaker
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No? I have treated of the point that was concerning the right hon. Lady.

Anna Soubry Portrait Anna Soubry
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indicated assent.

John Bercow Portrait Mr Speaker
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I am very glad to hear it.

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None Portrait Several hon. Members rose—
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John Bercow Portrait Mr Speaker
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Order. On account of the level of interest in the debate and my desire to accommodate it as best I can, the time limit on Back-Bench speeches will have to be reduced to four minutes with immediate effect.

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John Redwood Portrait John Redwood
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I give way.

John Bercow Portrait Mr Speaker
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Order. Any interventions from now on are perfectly legitimate, but if Members intervene, they will be preventing others from speaking. I just want them to know that.

Patricia Gibson Portrait Patricia Gibson
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Will the right hon. Gentleman explain how anyone can trust this Government? We were long told it was the Prime Minister’s deal or no deal, but that is clearly not the case because the House could revoke article 50 if it so chose.

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Matthew Pennycook Portrait Matthew Pennycook (Greenwich and Woolwich) (Lab)
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It is a pleasure to wind up this debate for the Opposition. It has been a good debate. It was opened by the Environment Secretary, who made a powerful case for why a no-deal Brexit should be opposed, and by my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer), who, as always, rose to the occasion with his usual rigour and honesty. We have had passionate contributions from, among others, my right hon. Friends the Members for Leeds Central (Hilary Benn) and for Normanton, Pontefract and Castleford (Yvette Cooper), the right hon. and learned Members for Rushcliffe (Mr Clarke) and for Beaconsfield (Mr Grieve), my hon. Friend the Member for Birmingham, Yardley (Jess Phillips), the hon. Member for East Surrey (Mr Gyimah), and the hon. Member for Eddisbury (Antoinette Sandbach), all of whom spoke with great force.

What I have taken from today’s debate is that exiting the EU without an agreement is not simply one among several equivalent Brexit options—it is in a category of its own. Everyone will have their own views on the balance of strengths and weaknesses of other options, whether it be a Canadian-style free trade agreement or a Norway-style arrangement, and the appropriateness of the trade-offs and compromises involved in each. But those options can at least be contemplated rationally on the basis of their likely consequences for our economy and our security, their implications for the Irish border, and their chances of successfully emerging from the detailed negotiations on the future relationship.

In contrast, it is hard to overstate how damaging a no-deal exit from the EU in just over a fortnight would be, and speech after speech today has brought that home. A no-deal Brexit is simply not a viable option. Indeed, an exit from the EU on 29 March, or indeed any date thereafter, without agreement would be nothing short of a national disaster—a point that Labour Members have endlessly repeated over the past two years. A no-deal Brexit would affect every facet of our national life, and every region and nation of the UK. It would bring to an end, at a stroke, the whole body of legal arrangements that exist between the UK and the EU, plunging us into a legal and regulatory vacuum.

The focus of much of today’s debate has rightly been on the impact of a no-deal Brexit on the economy—and for good reason, given the implications for businesses and individuals across the UK. The implications of crashing out without a deal on 29 March would be significant both in terms of lost growth over the long term and the grievous dislocation that we face in the short term. The proposals for tariffs under a no-deal exit that the Government published this morning, without any consultation with business, merely serve to underline what a disastrous outcome a no-deal exit would be.

However, the impact of a no-deal departure is about much more than just tariffs. It would mean a sudden and drastic change in the entire body of rules that currently govern how we trade in a range of crucial areas. It would threaten the complex law enforcement and judicial co-operation arrangements that keep Britain safe. It would almost inevitably result in infrastructure being placed on the Irish border, place untold strain on the Good Friday agreement and Anglo-Irish relations more generally, and exacerbate the current political instability in Northern Ireland, raising the spectre, as the Secretary of State for the Environment said at the outset, of direct rule from Westminster.

In short, such an exit is the hardest and most chaotic of departures. It provides no certainty, and no one can say with any real certainty just how extensive the damage would be. Of course we would survive, but why would any Government force the British people to cope with an entirely avoidable act of self-harm that opinion polling suggests only a minority of the public support? No responsible Government in their right mind should countenance a no-deal exit from the EU, especially when, as the hon. Member for East Surrey brought home in his contribution, the other side knows full well that it has always been a hollow threat.

The tragedy is that instead of simply announcing that under no circumstances will the UK leave the EU without a deal, this Government adopted such an outcome as their official plan B, endlessly repeating over months the nonsensical mantra that “no deal is better than a bad deal”, in a way that has de-sensitised many people in our country to the risks involved. As the hon. Member for North East Fife (Stephen Gethins) said, the Government have spent a significant sum of public money trying to ensure that they are prepared for no deal—and trying is the operative word, because we know from the Government’s own impact assessment summary that the UK is simply not prepared to leave the EU on 29 March.

If we leave aside the legislative burden that still needs to be faced, the impact assessment makes clear that Departments are on track for just over two thirds of the most critical projects. It is honest about the fact that, in the event of a no-deal exit, the UK would be at the mercy of the actions of the European Commission, EU member states and EU businesses. That brings me to my next point, which is that there is no such thing as a managed no deal—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. There is a lot of background noise. I am not sure that the acoustics are as helpful as they might be, and I apologise to the hon. Gentleman for that, but I urge him to project. Speak up, man—we want to hear you.

Matthew Pennycook Portrait Matthew Pennycook
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I shall do my best, Mr Speaker.

There is no such thing as a managed no deal, despite the protestations of the more cavalier Members on the Government Benches. It is a myth, and that is why the idea of no deal as an act of national liberation is so misleading. Not only would the Government in all likelihood lose control of events in a no-deal scenario, but they would inevitably end up supplicating before the EU. The Government’s own technical notices make clear that in a no-deal scenario, agreement is required from Brussels in a swathe of areas.

If anyone thinks that, amid the acrimony that would exist following a no-deal exit, the EU would ride to the rescue and agree to a raft of reciprocal mini-deals in all the essential areas required, a waiver of the Union’s rules or a standstill transition period without a withdrawal agreement, as amendment (f) suggests, they should remind themselves of the Commission’s plans for a no-deal exit. Those plans make it absolutely clear that the EU will agree to co-operative measures only where strictly necessary and where it is in their own interests. The plans make clear that those measures could not replicate the benefits of membership of the Union and state plainly that they could be revoked at any time.

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Liam Fox Portrait Dr Fox
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We need to keep some balance in this debate. [Interruption.] I am not giving way—

John Bercow Portrait Mr Speaker
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Order. There is much gesticulation. The right hon. and learned Member for Rushcliffe (Mr Clarke) is seeking to intervene, but it is for the Secretary of State to decide whether to take the intervention. As I understand it, he is aware of the intended intervener but does not wish to take the intervention.

Liam Fox Portrait Dr Fox
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The Father of the House already had more time to make his contribution than I have had today.

I want to answer the very direct question I was asked by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper): is the result of this vote that the default position is that we will not leave the EU on 29 March without a withdrawal agreement? That is the result of the motion we are debating tonight. But I have to say to the right hon. Lady that the only way to take no deal off the table in the longer term is to have a negotiated deal, unless we were to revoke article 50 and have no Brexit. There would be no worse outcome for this House, for this country and for our democracy than to have no Brexit. We have been given a clear instruction by the people of Britain. In the days ahead, we in this House must decide who in our democracy are the masters and who are the servants.

We heard from the hon. Member for Bath (Wera Hobhouse) what can only be described as a diatribe about the will of the people, which she derided. I happen to believe that when this House contracts out its sovereignty on an issue, which we did on the European Union, and we tell the people of Britain that we will accept what decision they take, we are honour-bound and duty-bound to take that decision. When she says that the will of the people does not matter, it might not matter to the Liberal Democrats, but it matters to the Conservative party. For me, this is ultimately a decision about our democratic values.

Wera Hobhouse Portrait Wera Hobhouse
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On a point of order, Mr Speaker.

John Bercow Portrait Mr Speaker
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Order. I fear that it is more a point of frustration. No impropriety—[Interruption.] Order. I accept that the hon. Lady might be irritated, but the right hon. Gentleman is not giving way and now is not a time for points of order. If she wants to make a point of order later, I will take it.

Liam Fox Portrait Dr Fox
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For me, what we are engaged in is the most important democratic debate in this country’s history. The British people have given our Parliament a clear instruction. It is time for us to determine who is the boss.

John Bercow Portrait Mr Speaker
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Under the Order of the House of today, I must now put the Questions necessary to dispose of proceedings on the motion. We begin with amendment (a), in the name of the right hon. Member for Meriden (Dame Caroline Spelman), who has since advised me and, equally—or more importantly—the House that she does not wish to move her amendment. I thank her for her courtesy in telling me and the House. However, I am advised that her co-signatory—it is in the ownership of the House—the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) does wish to move the amendment.

Yvette Cooper Portrait Yvette Cooper
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I welcome the Secretary of State’s assurances, but—

John Bercow Portrait Mr Speaker
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Order. The amendment must be moved formally. [Interruption.] Order. Do not tell me it is not moved. I know perfectly well what I am doing. The amendment is in the ownership of the House. The right hon. Member for Meriden has decided, perfectly properly, that she does not wish to move it; another Member who signed it does. It really is a very simple point for an experienced parliamentarian.

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John Bercow Portrait Mr Speaker
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Order. The House must calm itself. We have a long time to go—both today and on subsequent days. Keep calm.

Theresa May Portrait The Prime Minister
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This is about the choices that this House faces. The legal default in UK and EU law remains that the UK will leave the EU without a deal unless something else is agreed. The onus is now on every one of us in this House to find out what that is. The options before us are the same as they always have been: we could leave with the deal that this Government have negotiated over the past two years; we could leave with the deal that we have negotiated but subject to a second referendum, but that would risk no Brexit at all—[Interruption]—damaging the fragile trust between the British public and the Members of this House; we could seek to negotiate a different deal, but the EU has been clear that the deal on the table is indeed the only deal available. [Interruption.]

John Bercow Portrait Mr Speaker
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Order. The great likelihood—I await further comment, but I think that I can say this without fear of contradiction—is that there will be further opportunities for these matters to be debated, but in the immediate term, please, let us have some courtesy. There will be further debate on these matters, of that I think we can be sure.

Theresa May Portrait The Prime Minister
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I confirmed last night that if the House declined to approve leaving without a deal on 29 March 2019, the Government would bring forward a motion on whether the House supports seeking to agree an extension to article 50 with the EU, which is the logical consequence of the votes over the past two days in this House. The Leader of the House will shortly make an emergency business statement confirming the change to tomorrow’s business. The motion we will table will set out the fundamental choice facing this House. If the House finds a way in the coming days to support a deal, it would allow the Government to seek a short, limited technical extension to article 50 to provide time to pass the necessary legislation and to ratify the agreement we have reached with the EU.

Let me be clear: such a short technical extension is likely to be on offer only if we have a deal in place. Therefore, the House must understand and accept that if it is not willing to support a deal in the coming days and as it is not willing to support leaving without a deal on 29 March, it is suggesting that there will need to be a much longer extension to article 50. Such an extension would undoubtedly require the United Kingdom to hold European Parliament elections in May 2019. I do not think that that would be the right outcome, but the House needs to face up to the consequences of the decisions that it has taken.

John Bercow Portrait Mr Speaker
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I thank the Prime Minister for what she has said.

Jeremy Corbyn Portrait Jeremy Corbyn (Islington North) (Lab)
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On a point of order, Mr Speaker. Tonight this House has once again definitely ruled out no deal. The Prime Minister said that the choice was between her deal and no deal. In the past 24 hours, Parliament has decisively rejected both her deal and no deal. While an extension of article 50 is now inevitable, responsibility for that extension lies solely and squarely at the Prime Minister’s door. However, extending article 50 without a clear objective is not a solution. Parliament must now take back control of the situation.

In the days that follow, myself, the shadow Brexit Secretary and others will have meetings with Members across the House to find a compromise solution that can command support in the House. That means doing what the Prime Minister failed to do two years ago: searching for a consensus on the way forward. Labour has set out a credible alternative plan. Members across the House are coming forward with proposals. Whether that is a permanent customs union, a public vote, Norway-plus or other ideas, let us as a House of Commons work to find a solution to deal with the crisis facing this country and the deep concerns that many people have for their livelihoods, their lives, their future, their jobs, their communities and their factories. It is up to us as the House of Commons to look for and find a solution to their concerns. That is what we were elected to do.

Vince Cable Portrait Sir Vince Cable (Twickenham) (LD)
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On a point of order, Mr Speaker. Now that the House has given effect to its will so clearly on separate occasions, can you give us the benefit of your help and advice as to how to translate these declaratory motions into practical action?

John Bercow Portrait Mr Speaker
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If the right hon. Gentleman will forgive me—to be honest, even if he will not—I prefer to hear the remaining points of order and then to invite the Leader of the House to deliver the supplementary or emergency business statement. We will see what is intended to take place tomorrow. We may well learn tomorrow of what is intended to take place in subsequent days. There has been a clear expression of will by the House. I rather imagine there will be conversations among colleagues.

Ultimately, the House can debate what the House wants to debate. We will see what it wants to debate and what shape events take in the days to come. I do not want to express myself more forcefully than that—I do not think that would be right—but the right hon. Gentleman need be in no doubt that the matters will be fully debated. Members will have the opportunity to put their point of view. In all likelihood, many propositions will come to be tested.

Jacob Rees-Mogg Portrait Mr Jacob Rees-Mogg (North East Somerset) (Con)
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On a point of order, Mr Speaker. I wonder whether you might be in a position to confirm that, as a matter of constitutional fact, a motion of this House, though important, cannot override statute law.

John Bercow Portrait Mr Speaker
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A motion of the House does not override statute law—that is true. If Members who have supported a motion want to ensure its ultimate success, further steps are required. I think that Members who have keenly attended to these matters in recent weeks are aware of that, and they know that there are opportunities available to them if they wish to take those opportunities.

Hilary Benn Portrait Hilary Benn
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On a point of order, Mr Speaker. Notwithstanding what the Prime Minister has just told the House, the time has come for two things to take place. The first is for the Government to respect the democratic instruction of the House of Commons. The second, since the Prime Minister says we have to be in favour of something—and I agree with her—is for the Government to facilitate the House of Commons having the chance to vote on a series of indicative propositions so that we can attempt to see whether we can find a way forward. If I may say so, Mr Speaker, I very much welcome what you said a moment ago about your willingness to ensure that the House of Commons gets the opportunity to debate that which it wishes to debate.

John Bercow Portrait Mr Speaker
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I am grateful to the right hon. Gentleman. I stand by that: I think it is what any self-respecting Speaker should say and mean.

Caroline Lucas Portrait Caroline Lucas
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On a point of order, Mr Speaker. I do wonder how the Prime Minister has the brass neck to come to this Chamber and to say that we should be worried about losing fragile trust when she herself is responsible for losing the trust both of this Parliament and of the country. She has just whipped her Members to vote against the deal that yesterday she stood at that Dispatch Box and promised would be a free vote. We urgently need an extension of article 50, and it needs not to be time-limited, because we need the time that is necessary in order to resolve this by going back to the country. If the last few weeks have proved anything, it is that MPs in this House are incapable of finding something they agree on, and it needs to go back to the people as soon as possible in a people’s vote.

John Bercow Portrait Mr Speaker
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Let me say to the hon. Lady, who was attempting, I thought, to raise a point of order, that we will have to wait for the business statement by the Leader of the House. But unless I have a problem with my short-term memory—and I do not think I do—my clear recollection is that the Government indicated that if the House voted to demonstrate its opposition to exit from the European Union without a deal in the vote, or votes, today, there would be an opportunity on Thursday for there to be a vote, or possibly a number of votes, on an idea, or ideas, of article 50 extension. So I keenly anticipate that the hon. Lady will be in her place not just for the business statement but tomorrow for such important proceedings as we can expect to take place.

Lord Clarke of Nottingham Portrait Mr Kenneth Clarke
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On a point of order, Mr Speaker. When the arrangements for this week were announced, my understanding was that the Government were saying that if they lost the vote on their preferred deal, there would then be two days in which the House would be given the opportunity to express its clear opinion on no deal, and if that was clear, another day to say whether an extension was desired by the House, with the plain implication that the Government were going to accept the decision of the House and act on it. Indeed, we understand that a free vote was extended to Ministers so that the proper expression of opinion could be given.

As soon as the House expressed its opinion on no deal, the Government attempted to quash it and voted against it, putting a three-line Whip on the people they had previously given a free vote to, with a complete lack of success—the majority soared. If this evening the Prime Minister or another Minister will not accept that this is not just another motion, as if it was a women’s institute debate that expressed an opinion—[Interruption.] I have higher regard for women’s institutes’ opinions than the Government have for the opinions of this House.

Can we have an assurance from somebody that tomorrow’s debate is actually intended to set policy and is not a mere expression of opinion? That is my serious point, but no doubt I will be deluged with protests from women’s institutes around the country about the unfortunate example I chose. I repeat my complete respect for the opinion of all women’s institutes.

John Bercow Portrait Mr Speaker
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I am grateful to the right hon. and learned Gentleman for his point of order. My understanding, for what it is worth, is the same as his. That was the clear commitment. I am sure that that is what was intended. That was what was promised. That was what was understood. I have every expectation that the Leader of the House will reiterate today what has been said in recent days. It would be very strange if that were not the case. I have no reason to believe that the Government have suddenly shifted from the position they have taken in recent days. We will have to wait to see, but I have no reason to believe that at all.

Angela Eagle Portrait Ms Angela Eagle
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On a point of order, Mr Speaker. The House has spoken, and the will of the House is clear, but the Government have given no indication so far that they are going to facilitate the will of the House becoming a reality by amending statute. If anything, the Prime Minister gave the opposite impression in her rather churlish response to tonight’s events. If the Government decide not to facilitate our changing the statute to prevent us from leaving without a deal on 29 March, in clear contravention of the expressed will of the House, what can you do to facilitate this Parliament in ensuring that the Government do not get their way?

John Bercow Portrait Mr Speaker
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I am grateful to the hon. Lady. My understanding is that the Government have tabled their motion for tomorrow, and it might help colleagues if they obtained copies of it. I do not think it is for me now to read out the Government’s motion for tomorrow. [Hon. Members: “Go on!”] Very well. As I understand it, the Government—I thank them for this—have tabled a motion in the name of the Prime Minister which reads:

“That this House:

1. notes the resolutions of the House of 12 and 13 March, and accordingly agrees the Government will seek to agree with the European Union an extension of the period specified in Article 50(3);

2. agrees that if the House has passed a resolution approving the negotiated withdrawal agreement and the framework for the future relationship for the purposes of section 13(1)(b) of the European Union (Withdrawal) Act 2018 by 20 March 2019 then the Government will seek to agree with the European Union a one-off extension of the period specified in Article 50(3) for a period ending on 30 June 2019 for the purpose of passing the necessary EU exit legislation; and

3. notes that if the House has not passed a resolution approving the negotiated withdrawal agreement and the framework for the future relationship for the purposes of section 13(1)(b) of the European Union (Withdrawal) Act 2018 by 20 March 2019 then it is highly likely that the European Council at its meeting the following day would require a clear purpose for any extension, not least to determine its length, and any extension beyond 30 June 2019 would require the United Kingdom to hold European Parliament elections in May 2019.”

That is the Government’s motion for tomorrow. That motion, of course, is amendable. If colleagues on either side of the House wish to submit amendments to that motion, they will have an opportunity to do so. I am speaking off the top of my head, but the same logic will apply in respect of that motion as has applied over the previous two days—namely, that any amendments to it tabled before the rise of the House tonight will appear on the Order Paper tomorrow. However, if manuscript amendments are tabled after the rise of the House, but before 10.30 am tomorrow, they will be accepted for consideration by the Chair—by me.

I would very politely suggest to the hon. Member for Wakefield (Mary Creagh) that, although I will take one further point of order, if necessary—[Interruption.] Well, I would very politely suggest that, very soon, we ought at least to hear the business statement by the Leader of the House. I will take one or two very brief—

John Bercow Portrait Mr Speaker
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Oh, very well—very briefly. [Interruption.] May I politely suggest that it might be advisable—

John Bercow Portrait Mr Speaker
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I will take one who has signalled to me, the hon. Member for Wakefield, and then let us hear the statement by the Leader of the House. If there are then further points of order, I can take them afterwards.

Mary Creagh Portrait Mary Creagh (Wakefield) (Lab)
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On a point of order, Mr Speaker. I am grateful, but the motion you have read out at speed indicates that the Government are clearly making this House a prisoner of their deal. It is saying that we have to agree the deal by 20 March, and if we do that we will get the extension that this House is clearly going to be voting for tomorrow. When will the Government allow this House to express any alternatives to the deal that the Prime Minister, despite having been defeated twice, is still trying to railroad through this place?

--- Later in debate ---
John Bercow Portrait Mr Speaker
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That would be one of the merits of hearing about the business for next week, and there is also merit in colleagues conferring with each other, as—not surprisingly, and with frequency—they do.

Anna Soubry Portrait Anna Soubry
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On a point of order, Mr Speaker. It is a constitutional crisis—[Interruption.] I am sorry if it bores people on that side of the House who have just voted as Conservatives for a no-deal Brexit. In any event, there is a real concern that time and again this House speaks and we vote, as you have seen this evening, and the response at the Dispatch Box is, in effect, for what we pass to be utterly dismissed. As a House, we seek your guidance as to how we can actually have a genuine impact on the way this Brexit is now conducted and how this Government respond. We hear tonight that four Cabinet Ministers abstained, and we hear of other Ministers who have resigned. It is a crisis of unprecedented levels, and I am afraid that yet again the Government Front Bench has many pairs of tin ears, and it has got to stop. Do we need now to enact statute in some way so that the will of this House can prevail?

John Bercow Portrait Mr Speaker
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I maintain that we should hear, before very long, the Leader of the House.

John Bercow Portrait Mr Speaker
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I will take the right hon. Gentleman.

I would say to the right hon. Member for Broxtowe (Anna Soubry) that, as I think she is well aware, a number of Members across the House in recent weeks have had a concern about this particular policy issue. If significant numbers of Members across the House have a concern and a desire to act in common on this matter, it is open to them to explore the potential for doing so. They will find that they get professional advice on that matter, as any Member of the House is entitled to seek and obtain professional advice. It is not for me, here and now, to say exactly what should happen, but what I will say is that Members can work together and be heard.

None Portrait Several hon. Members rose—
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John Bercow Portrait Mr Speaker
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Yes, all right. The hon. Member for Airdrie and Shotts (Neil Gray) does not need to put up his hand as though he is in a classroom. It is not necessary.

Bob Seely Portrait Mr Seely
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On a point of order, Mr Speaker. Does the will of the House trump the will of the people?

John Bercow Portrait Mr Speaker
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That is a very interesting philosophical question, and I am sure that the hon. Gentleman has focused on it. This House operates in accordance with its own procedures, including, importantly, with its Standing Orders. It is not for me to seek to interpret the will of the people. The hon. Gentleman is a most dedicated public servant who has now been in the House for a little over 18 months, and he may well feel that he is very close to his people—I do not say that in any pejorative spirit, but he may well feel he is—and that he is deeply attuned to the will of the people. I do not claim that I am, and it is not for the Speaker to be. It is for the Speaker to seek to facilitate the will of the legislature.

Pat McFadden Portrait Mr McFadden
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On a point of order, Mr Speaker. When the Prime Minister spoke at the Dispatch Box a couple of weeks ago to set out the arrangements for this week, she said that if the House voted down her proposed deal there would then be a vote on no deal. That has happened today. She said that if the House voted against leaving on a no-deal basis, we would then have an opportunity to vote to ask the Government to seek an extension to article 50. She did not say that was conditional on passing her deal between this week and the application for the extension. The motion that the Government have now tabled is a breach of the letter and the spirit of the assurances that were given at that Dispatch Box a couple of weeks ago. This is an attempt to stitch up the decision tomorrow, and the House should not stand for it. We should have a clean vote on instructing the Government to apply for an extension to article 50 without having to approve her deal beforehand.

John Bercow Portrait Mr Speaker
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I understand what the right hon. Gentleman is saying, but the Government’s position is not a matter for me. I say as a matter of pride that I have never been a member of a Government; that has never been part of my ambition. I must say that it is a lot easier to be Speaker than to be a Minister. My responsibility is to consider amendments if they are tabled. If Members want to table amendments to the Government’s motion, they may do so. I rather imagine, from what the right hon. Gentleman has said, that he will want to do so.

Edward Miliband Portrait Edward Miliband (Doncaster North) (Lab)
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Further to that point of order, Mr Speaker. I want to echo what my right hon. Friend the Member for Wolverhampton South East (Mr McFadden) has just said. Members across the House heard the Prime Minister say unconditionally that these days would be about a vote on whether we would accept no deal and then a vote on an extension, not a conditional vote. She is sitting on the Front Bench shaking her head. Perhaps she could now, through you, Mr Speaker, explain why what you have just read out is not a conditional vote, because it sure sounds like one to us.

John Bercow Portrait Mr Speaker
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Okay. No, the Prime Minister is not seeking to raise a point of order at this stage.

Ian Mearns Portrait Ian Mearns (Gateshead) (Lab)
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On a point of order, Mr Speaker—and I think this might actually be a point of order. I am seeking some clarification, because you said that manuscript amendments could be tabled until 10.30 tomorrow morning. Well, the business begins at 9.30, so there might be some disparity there.

John Bercow Portrait Mr Speaker
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Perhaps I can help the hon. Gentleman. I appreciate that he was listening attentively. There is no contradiction or tension whatever. He correctly surmises that tomorrow the House, as on every sitting Thursday, will meet at 9.30. However—I say this as much for the benefit of people listening to our proceedings as for the benefit of Members—Question Time is at 9.30, and at 10.30 we would ordinarily either have urgent questions or move straight to the business statement from the Leader of the House. I appreciate the hon. Gentleman’s concern not just for colleagues but for me, but I am perfectly sanguine about a deadline of 10.30 for the submission of manuscript amendments, and I am comfortable that I will be able to make judgments in time for the start of the debate, and for the debate to take place on an informed basis. There is no problem there.

Neil Gray Portrait Neil Gray
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On a point of order, Mr Speaker—and thank you for your forbearance. The House has spoken, and it has spoken very clearly. It has asked to rule out no deal at any time. You said in response to the hon. Members for North East Somerset (Mr Rees-Mogg) and for Wallasey (Ms Eagle) that opportunities would be open for Opposition Members to ensure that the will of the House was followed through. However, given that the Government are in charge of the Order Paper, would you not expect them to be coming forward with the necessary legislation to ensure that no deal is ruled out at any time?

John Bercow Portrait Mr Speaker
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I am not sure that it is really for me to say that I expect one particular course of action or another. I feel, now that I have been around a little while, sometimes predictable things have happened and sometimes some very unpredictable and even, in some cases, rather curious things have happened, so I have got used to a range of possibilities and I do not think I would say that I expect this or expect that. What I do expect, not specifically of the Government, is that if Members feel strongly dissatisfied with what is on offer to them, they will communicate with each other and they will come forward, seek professional advice, seek my own and attempt to ensure that what they wish to be debated as elected Members of the legislature is indeed debated and, of course, by definition not just debated but voted upon by the House.

Peter Bone Portrait Mr Peter Bone (Wellingborough) (Con)
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On a point of order, Mr Speaker. Following on from what you have just said, is it not a fact that if the moaning Minnies attacking the Government really had any guts they would table a motion of no confidence in the Government? That is how it is done traditionally, not through back-door means.

John Bercow Portrait Mr Speaker
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That is perfectly legitimate. The hon. Gentleman expresses his point of view with his characteristic force. It is open to people to table motions of no confidence—of course it is. That is a perfectly proper course of action and it can happen, and does, from time to time.

If there are no further points of order, we come to the emergency business statement by the Leader of the House.