All 108 Debates between John Bercow and Tom Brake

Thu 18th Jul 2019
Northern Ireland (Executive Formation) Bill
Commons Chamber

Ping Pong: House of Commons & Ping Pong: House of Commons
Tue 18th Jun 2019
Wed 3rd Apr 2019
Wed 13th Mar 2019
Mon 11th Mar 2019
Tue 17th Jul 2018
Trade Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons
Mon 16th Jul 2018
Taxation (Cross-border Trade) Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons
Wed 20th Jun 2018
Tue 12th Jun 2018
Wed 17th Jan 2018
European Union (Withdrawal) Bill
Commons Chamber

3rd reading: House of Commons & Report stage: Second Day: House of Commons
Wed 29th Mar 2017
Tue 13th Dec 2016
Aleppo/Syria: International Action
Commons Chamber

Programme motion: House of Commons
Mon 12th Dec 2016
Yemen
Commons Chamber
(Urgent Question)
Mon 14th Nov 2016
Thu 15th Sep 2016
Points of Order
Commons Chamber

1st reading: House of Commons
Mon 27th Jun 2016
Wed 8th Jun 2016
Thu 12th May 2016
Tue 10th May 2016
Wed 27th Apr 2016
Wed 13th Apr 2016
Mon 29th Feb 2016
Mon 25th Jan 2016
Wed 16th Dec 2015
Tue 24th Nov 2015
Thu 4th Jun 2015
Thu 20th Jan 2011
Mon 15th Nov 2010

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Thursday 31st October 2019

(4 years, 4 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Very good. The hon. Gentleman is a dextrous parliamentarian who can always think on his feet.

Tom Brake Portrait Tom Brake
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I believe that was probably a bid for a portrait of you to be provided in the House, Mr Speaker, so we look forward to that.

Tributes to the Speaker

Debate between John Bercow and Tom Brake
Thursday 31st October 2019

(4 years, 4 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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I will start from a slightly different place from other Members, and thank you, Mr Speaker, for the support you have given me on the House of Commons Commission. We have not necessarily seen eye to eye on every matter raised, but I am sure we both wish to thank the staff who supported you, and the civil servants who supported me. I have no idea whether I will be back seeking their support again, or indeed whether I will return to my position as spokesman for the House of Commons Commission, but they do sterling work for us and support us effectively.

I want to start, as others have, by thanking your family. We all know, as politicians, that our families are often on the frontline. They do not see enough of us and when they do, it is not exactly quality time that they get with us, so I hope that you will spend very valuable time with them in the future. I remember, as one of the highlights of being in this place, attending one of the events you organised in the Speaker’s House and your children coming in to kiss daddy goodnight. I remember that and often use it as an anecdote when I am doing my best to entertain people.

I want to commend you for your commitment to modernising this place. Many people have referred to some of the initiatives you have spearheaded, whether proxy voting, the Youth Parliament, the education service or the much greater frequency with which urgent questions are heard in this place. I would like to commend you for improving the diversity among staff and making the House of Commons a place where hopefully anyone will feel comfortable working, including our excellent Chaplain, Rose, who has served us so well.

As one of the House of Commons Commission members, I want to draw attention to the work you have done in pushing through the restoration and renewal project. That is something that needs to move forward. The mother of all Parliaments is at real risk of simply collapsing around our ears. The role you have played in making sure that the restoration and renewal project proceeds will certainly rest as one of your legacies in this place.

Finally, and I think perhaps most importantly, I would like to commend you for ensuring that this Parliament is not an encumbrance to be trampled upon, but a sovereign Parliament proud and resolute in standing up for the rights of our constituents and the people of the United Kingdom. From the Liberal Democrat Benches, I wish you a very bright and positive future.

John Bercow Portrait Mr Speaker
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I thank the right hon. Gentleman very warmly for that. We have worked together for a long time.

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Thursday 24th October 2019

(4 years, 5 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Transport without a brake would be like a car without a driver—Tom Brake.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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In relation to Operation Yellowhammer, may I ask the Secretary of State what role the 300 troops and 180 police officers who are to be put on standby will play in policing the transport network in and around the port of Portsmouth, and how many other troops and police may be deployed at other ports?

Business of the House

Debate between John Bercow and Tom Brake
Thursday 24th October 2019

(4 years, 5 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Well, whatever the merits, I do like the word legerdemain. It is a splendid word. It has been resuscitated by the Leader of the House.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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The Leader of the House wants a general election on 12 December. Can he explain to the House what the purpose of the Queen’s Speech was?

European Union (Withdrawal) Acts

Debate between John Bercow and Tom Brake
Saturday 19th October 2019

(4 years, 5 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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The appetite of colleagues is insatiable.

Before I call the right hon. Member for Carshalton and Wallington (Tom Brake), I must say that the very best behaved person here present is a very, very tiny person who seems blissfully unperturbed by our deliberations, and I wish that splendid little person all the best.

Tom Brake Portrait Tom Brake
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Further to that point of order, Mr Speaker. I apologise if you have already made this clear, but is it your intention, perhaps as the first piece of business on Monday, to make a very clear statement on the process we have just heard, particularly if you consider it to be of a vexatious and repetitive nature? If it is appropriate, would you look kindly on an urgent question on this subject? Members have clearly expressed some very strong views about what the Government have just done.

John Bercow Portrait Mr Speaker
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It would certainly be my intention to make a statement on the matter after Question Time—in other words, at or very close to 3.30 pm. It seems to me to be a matter of genuine urgency, and therefore it would be right to have a decision on the matter communicated to the House before it might treat of other questions or statements, and certainly before the commencement of public business.

Situation in the Gulf

Debate between John Bercow and Tom Brake
Monday 22nd July 2019

(4 years, 8 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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First, may I pass on my best wishes to the shadow Foreign Secretary? As a cyclist myself, I know how vulnerable cyclists are in London. May I also apologise for the absence of my hon. Friend the Member for East Dunbartonshire (Jo Swinson), who has been detained by a leadership contest announcement in which she has been elected as the leader of the Liberal Democrats. I am very pleased that that has not required any Liberal Democrats to resign—other Members may regret that—in the way the leadership of the Conservative party has required some very sensible Ministers such as the right hon. Member for Rutland and Melton (Sir Alan Duncan) and the Chancellor of the Exchequer, the right hon. Member for Runnymede and Weybridge (Mr Hammond), to resign their positions.

In relation to Iran, it is clearly time for cool heads. I very much welcome the fact that we have the current Foreign Secretary in post and he has made it clear that we are not up for military action. Does he think that discussions now need to take place about the composition and size of our fleet? Does he agree that although we are not in an actual war with Iran, we are clearly in a propaganda war? Is he able to say a little about what the Government are going to do to counter the image that the Iranians are portraying of the ship perhaps going off course and colliding with another vessel?

John Bercow Portrait Mr Speaker
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I am pleased that the right hon. Gentleman is so pleased that none of his 11 parliamentary colleagues, himself and the successful leader included, has resigned. I know he is very happy about that, and I am very happy to join in his happiness for himself.

Northern Ireland (Executive Formation) Bill

Debate between John Bercow and Tom Brake
Ping Pong: House of Commons
Thursday 18th July 2019

(4 years, 8 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Has the right hon. Gentleman concluded his oration?

Tom Brake Portrait Tom Brake
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indicated assent.

John Bercow Portrait Mr Speaker
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He has. We are deeply grateful to him.

EU/British Citizens’ Rights

Debate between John Bercow and Tom Brake
Tuesday 18th June 2019

(4 years, 9 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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I find it hard to contain my anger at the charlatans and snake oil salesmen who will again tonight, on television, be claiming that no deal presents no difficulties; it might present no difficulties for them. I wish to ask the Minister a specific question. In response to a letter that I sent to him, the Minister for Europe and the Americas said:

“If the UK leaves the EU without a deal, and there is no agreement with Germany to continue reciprocal healthcare arrangements, UK Nationals would no longer receive coverage through the S1 form.”

The advice he gives is for them

“to take out German health insurance.”

Can the Minister here today give an assurance to me, and to all UK citizens who might be in that position in any EU country, that the UK Government will pay for their health insurance, rather than them?

John Bercow Portrait Mr Speaker
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Order. Just before the Minister responds, let me say that I recognise and respect the very strong feelings on this matter, but I am sure that the right hon. Gentleman, a former Deputy Leader of the House, whom we all hold—or I certainly do—in the highest esteem, would not refer to any Member of this House as a charlatan. I am sure he would not do that. If he were doing so, dexterous as he is in the use of language and given the full vocabulary with which he is blessed, I know that he will withdraw that term and substitute it with another.

Tom Brake Portrait Tom Brake
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I would like to make it clear that I am certainly not referring to any Member of the House present in the Chamber today as a charlatan or buffoon.

John Bercow Portrait Mr Speaker
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I am afraid that I detect the sight and sound of a very large shovel, as the right hon. Gentleman is digging himself deeper. He has made his point with force and eloquence, but I appeal to him, a seemly Member in normal circumstances, to make it clear that he is attacking the views of Members but he would not impugn their integrity.

Tom Brake Portrait Tom Brake
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Thank you, Mr Speaker. I am happy to withdraw; I am not impugning their integrity, but I am certainly attacking their views, which I find outrageous.

Section 1 of the European Union (Withdrawal) Act 2019

Debate between John Bercow and Tom Brake
Tuesday 9th April 2019

(4 years, 11 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake
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Absolutely, and clearly an extension could be used for that purpose, or indeed for expanding on the process that is already taking place, with all the parties in this place—with the exception, I am afraid, of the DUP—working across parties to try to find a way forward. What the hon. Lady suggests could be part of that process.

The extension is not long enough for a people’s vote, which would probably require 20 weeks or thereabouts for planning and for campaigning, so we need an extension until September at the very least. I want to help the Prime Minister. She should accept the flextension that we hope will be offered to her tomorrow, because that will save her from embarrassment in the future. Members will recall that she said there would not be a general election, and then there was; that she was going to stand by the withdrawal agreement that she had spent months negotiating with the European Union, which she then did not; and that she said there would not be an extension to the article 50 period, and then there was. So she could save herself a lot of embarrassment by simply accepting that there is going to be a people’s vote, so a long extension is required to deliver one.

We are assuming, of course, and I think it is a safe assumption, that we will be granted an extension by the European Union, but if we are not, we need some clarity from Ministers as to what exactly will happen—what the next steps that the Under-Secretary of State for Exiting the European Union, the hon. Member for Worcester (Mr Walker), who is now in his place, referred to actually include. Will those next steps include, if we do not get an extension to the article 50 period, revoking article 50 by the end of this week? If the Minister wants to intervene to confirm that that is the case, he is welcome to do so. He has a frown on his face, but I think he is reflecting intensely on that.

I shall conclude by saying again that the Prime Minister must face up to the truth. She will need a long extension. She should grasp it tomorrow, to avoid humiliation a few weeks later when she would have to go and ask for it.

John Bercow Portrait Mr Speaker
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I call the hon. Member for Swansea West (Geraint Davies) to speak very briefly; I also want the hon. Member for Birmingham, Erdington (Jack Dromey) to get in.

European Union (Withdrawal) (No. 5) Bill

Debate between John Bercow and Tom Brake
Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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I wish to say a few words about a conversation I had earlier today with business representatives from, among other places, Northern Ireland, who were worried—

John Bercow Portrait Mr Speaker
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About the European Union (Withdrawal) (No. 5) Bill.

Tom Brake Portrait Tom Brake
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Absolutely. This was specifically about the impact of no deal—this Bill is clearly about ruling out the possibility of no deal—and the concerns of these businesses about the impact of VAT being applied. They went much beyond that in terms of the impact of no deal on Northern Ireland, extending to, for example, security and the issue that I referred to earlier—the European arrest warrant. No deal would have an effect on labelling; there would be uncertainties as to whether a company that manufactures here but also has shops in other parts of Europe would need to change its labelling. Clearly, the impact of no deal goes far beyond some of the issues that have been raised today. I hope that this Bill will provide clarity on the extension. I am open about believing that the extension needs to be a lengthy one, of the sort businesses were talking to me about earlier today. That is one way of ruling out no deal.

Finally, I wish to mention something related to the point made by the spokesperson for the Greens, on the legitimacy of the vote of three years ago. Trade union legislation requires ballots to be rerun after six months to ensure that they are valid and that the views expressed in a ballot six months earlier remain valid six months on. Clearly, that could equally apply to a ballot that took place three years ago. I hope that we will allow this Bill to proceed through its Second Reading. I know that we have a number of amendments in Committee, one of which applies to a people’s vote. I hope that we will get to debate that shortly, too.

Business of the House

Debate between John Bercow and Tom Brake
Monday 1st April 2019

(4 years, 12 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake
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On a point of order, Mr Speaker. I wonder whether the hon. Member for North East Somerset (Mr Rees-Mogg) would like to correct the record, because it is clear from the tweet from the AfD that he retweeted that he was endorsing the statement that had been made by that member of a far-right party in the German Parliament.

John Bercow Portrait Mr Speaker
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The answer to that is that every Member is responsible for the truth of what he or she says in the Chamber. If a Member feels that he or she has inadvertently erred, it is incumbent on the Member to correct the record. The hon. Gentleman will have heard what the right hon. Gentleman has said and will make his own judgment as to its merit.

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Thursday 28th March 2019

(5 years ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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What a splendid question!

Tom Brake Portrait Tom Brake
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I commend the right hon. Gentleman for his work to raise the profile of apprenticeships in the House. He will know that the House intends to increase the number of apprentices from 14 to 38 by the end of May. He will also be aware that that does not hit the 2.3% target, which the House intends to do by 2021.

Tom Brake Portrait Tom Brake
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I am afraid that my briefing on the subject has no information on that, so I will write to the hon. Lady to confirm the rate. Hopefully she will be satisfied with the rate House apprentices receive.

John Bercow Portrait Mr Speaker
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And if the hon. Lady is not satisfied, we might have to look at it again, preferably sooner rather than later.

--- Later in debate ---
John Bercow Portrait Mr Speaker
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I say to those observing our proceedings that that interesting inquiry does relate to alcohol, but not to gin. It is a sort of side observation from the right hon. Gentleman, borne of his personal experience, for which we are grateful.

Tom Brake Portrait Tom Brake
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I assume that it is in order for me to respond very briefly, Mr Speaker. Clearly, the right hon. Gentleman has put on the record his concerns about how the process works, but he will also be aware that Members do at least, through the guest beer option, have the possibility of bringing their own specialist beers to the House.

EU: Withdrawal and Future Relationship (Motions)

Debate between John Bercow and Tom Brake
Wednesday 27th March 2019

(5 years ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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I am happy that we have got this far in spite of the Government’s attempts to derail the process, but I am sad that we are having the first attempt at this sort of dialogue 1,007 days after 23 June 2016.

I am pleased that the tone has been broadly positive, with people setting out their views on the different options before us. However, I must speak strongly against motion (B)—the no-deal option tabled by the hon. Member for Basildon and Billericay (Mr Baron)—because anyone who advocates no deal is not participating in rational discourse, as I think he called it. No one advocating no deal could possibly have recently spoken to business, the police, the NHS, UK citizens in the EU, or EU citizens in the UK, because there are no-deal implications for all of them. I therefore hope that no deal gets soundly defeated today.

Turning to motion (D), while a common market 2.0 could be one of the best of the available options, it could also possibly be one of the worst, because it would leave us as rule takers not rule makers. It would also enable those who are antagonistic towards the EU to carry on their campaign on the basis that we would have to sign up to a large part of the EU’s agenda, including making financial contributions, without having any say in the goings-on. In many ways, it probably represents a halfway house before another push to leave the European Union at some point, so I hope that that option will not be supported either.

I am afraid that a number of other motions before us fall into the category of unicorns or wishful thinking. The idea that things can be renegotiated at very short notice in the time that might be available, with new protocols and arrangements found that have not been found in the last two and a half years, is wishful thinking. Of course, anything we do requires the European Union to agree to an extension. Some of the motions, such as the customs union proposal, are not unicorns but are far too unambitious in the arrangement they seek with the European Union.

I will focus on two motions in my last couple of minutes. I am pleased that the hon. and learned Member for Edinburgh South West (Joanna Cherry) tabled motion (L) with cross-party support, underlining that revoking article 50 remains a possibility for the United Kingdom, and should be a possibility up to the very last moment. We need the ability to block a no-deal scenario, which is what revocation is there for. I am pleased a cross-party effort was involved in the case that went to the European Court of Justice to secure confirmation that the UK can revoke article 50 at any point prior to our departure.

On motion (M), as other Members have commented, I hope the oratory of the right hon. Member for Derby South (Margaret Beckett) will have convinced many in this Chamber, and not just those who are already signed up to the idea, to come in behind a confirmatory public vote. As many Members have said this afternoon, and as I am sure others will say before the debate is over, the explanation given a thousand days ago on what would be on offer in our leaving the European Union is clearly not what will be deliverable. If the House decides to proceed with some of the motions today, they are clearly not what was voted on two and a half years ago. Certainly they are not what the Prime Minister says is representative of Brexit, which is why I think this has to go back to a confirmatory public vote. With the level of cross-party support for such a vote, I hope it is something we will be able to proceed with when we get to the next stage.

John Bercow Portrait Mr Speaker
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Order. I am immensely grateful to the right hon. Gentleman.

Article 50 Extension

Debate between John Bercow and Tom Brake
Wednesday 20th March 2019

(5 years ago)

Commons Chamber
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Tom Brake Portrait Tom Brake
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Absolutely. I thank my hon. Friend for that. We expect that this Saturday, hundreds of thousands of people will be coming into London on the people’s march. If we are sitting on Saturday, as the Speaker has indicated might be possible if the Government want us to sit then, I am sure we will able to sit here and listen carefully to those people’s chants of, “Stop Brexit.” That is something I will welcome greatly.

John Bercow Portrait Mr Speaker
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I apologise to colleagues, but it is necessary to reduce the time limit to three minutes in order to maximise participation. I appreciate the understanding of the situation on the part of the hon. Member for Caerphilly (Wayne David).

Speaker’s Statement

Debate between John Bercow and Tom Brake
Monday 18th March 2019

(5 years ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I did indicate to earlier inquisitors that everything depends on the circumstance. Is the proposition fundamentally the same, or can it be argued that, in the circumstances of the time, it is a different proposition? I would have to look at that in the circumstances of the time. Is it a relevant factor to be considered? Of course it is, and that is why I have articulated the convention in the way I have done.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Mr Speaker. First, are you able to update the House on any sanctions that might have been applied since 1604 to any Governments who have sought to re-table the same motion, and what such sanctions are available to you today? Over a number of months, we have tabled a succession of amendments in relation to a people’s vote, and I want your reassurance and clarification that there is nothing in what you have said that precludes our pressing another amendment on the matter of a people’s vote.

John Bercow Portrait Mr Speaker
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As I have just said to the right hon. Member for Harlow (Robert Halfon), it depends on the context or the circumstances. I cannot yet know in what situation a proposition may be put.

The right hon. Member for Carshalton and Wallington (Tom Brake) asks me about sanctions. I am not aware of any particular sanctions, other than that if a proposition is judged to be the same or substantially the same, it will not find its way on to the Order Paper. There may be instances in which this has been dishonoured or inadvertently neglected, but I referenced in my statement the fact that the absence of Speaker intervention since 1920 is attributable not to the discontinuation of the convention, but to general compliance with it. For the most part, the convention has not been invoked in respect of Governments, but I would argue that that is not least because, on the whole, Governments have tended to comply with the convention.

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Wednesday 13th March 2019

(5 years ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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10. Will the Minister commit to conducting a Mueller-style public inquiry into the alleged electoral fraud that has been committed in electronic campaigning by, for example, the leave campaign and potentially Arron Banks, who is being investigated by the National Crime Agency?

John Bercow Portrait Mr Speaker
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The right hon. Gentleman is of course concerned about the implications for intimidation, to which I am sure the question relates.

Point of Order

Debate between John Bercow and Tom Brake
Wednesday 13th March 2019

(5 years ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Mr Speaker. We are soon to start a debate on the subject of a no-deal Brexit. It may be that some Members have business interests that might benefit from a no-deal Brexit, such as companies involved in shorting the pound or the value of shares, or that might have secured payments from companies that are enthusiastic backers of a no-deal Brexit. How would you advise that those Members declare their interests?

John Bercow Portrait Mr Speaker
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I am grateful to the right hon. Gentleman for his point of order. The short answer is that the registration of interests is a matter for the judgment of each individual Member; no precise advice can be given to cover every eventuality. Whenever I am asked by Members for my advice, I say: if in doubt—if there is uncertainty, if they think someone might subsequently criticise—it is better to err on the side of over-declaration than of under-declaration. That has been my own philosophy, and I would commend it to colleagues. I hope that that is helpful.

Business of the House

Debate between John Bercow and Tom Brake
Tuesday 12th March 2019

(5 years ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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If it is helpful, I can inform the House that I understand that the Government’s motion for tomorrow’s debate has now been tabled. Colleagues who are thinking of tabling amendments, or who simply want to study the motion in the Table Office, have the opportunity to do so if they wish.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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For the benefit of everyone in the Chamber, it really would be extremely helpful if the Leader of the House would confirm whether protected time will be available for the debate tomorrow. We do not want it to be scrunched into a very short period of time. There may be urgent questions and statements and we may be left with perhaps a matter of minutes. We do not want a repeat of last night, when the Minister for the Cabinet Office came to make a key statement at 10 o’clock at night, and then to be left with very little time to assess the implications before the following morning. May we have a guarantee that protected time will be available? It is not an unreasonable demand.

EU Withdrawal Agreement: Legal Changes

Debate between John Bercow and Tom Brake
Monday 11th March 2019

(5 years ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

John Bercow Portrait Mr Speaker
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I think that the right hon. Member for Derbyshire Dales (Sir Patrick McLoughlin) was asking for the view of the Minister. The clue is in the nature of the exchange. If an hon. Member or right hon. Member gets up and asks a question, he is interested in the view of the Minister, not of some other Committee in some other place. I would have thought that that was fairly straightforward, but there you go.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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The Minister says that he does not engage in speculation, but may I encourage him to make an educated guess? If the Prime Minister’s deal is passed tomorrow, how many more years of very public Tory bickering will the country face as the UK seeks to establish its new relationship with the European Union?

UK’s Withdrawal from the EU

Debate between John Bercow and Tom Brake
Thursday 14th February 2019

(5 years, 1 month ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I am grateful to the right hon. Gentleman for his point of order. In responding to him, I am seeking to be helpful to people interested in our proceedings who are not Members of the House, and therefore I will, as I hope he would expect, treat of the factual inquiry that the leader of the Scottish National party in this House put to me—what can be done to bring forward or expedite the meaningful vote? The short answer is that it is not within the gift of the Chair to do so, and it is not for Members of this House who are not part of the Executive branch to do so. The meaningful vote is brought about as a result of and in accordance with statute, and the statute decrees that it be done by a Minister. It will happen when a Minister is ready to bring forward that vote. However, the right hon. Gentleman knows that there are at various times other opportunities for debates and votes, and he is not an innocent in these matters. He is well versed in parliamentary procedure, and he will know the opportunities open to him, and other Members in other parts of the House will similarly be so conscious.

Tom Brake Portrait Tom Brake
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On a point of order, Mr Speaker. I suspect that if the Secretary of State, in opening the debate, had said that he was going to honour what Parliament voted for on 29 January—ruling out no deal—the Government may well have won the vote this evening, but he did not. In what way can we, as Members of Parliament who have already voted to rule out no deal, ensure that the Government listen to that and respond appropriately? [Interruption.]

Leaving the EU: No Deal

Debate between John Bercow and Tom Brake
Tuesday 5th February 2019

(5 years, 1 month ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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Thank you for granting this request, Mr Speaker. I rise to propose that the House should debate a specific and important matter that should have urgent consideration: the consequences of leaving the European Union without a withdrawal agreement or future political agreement. I have been pleased to receive support for this application from Plaid Cymru, which is well represented here today, as well as from the Scottish National party, the right hon. Member for Exeter (Mr Bradshaw), the hon. Member for Totnes (Dr Wollaston), my Liberal Democrat colleagues and others who are here in the Chamber today.

On Thursday, the Prime Minister will board the latest shuttle to Brussels to attempt to recast the backstop she had painstakingly negotiated over a two-year period. This is the backstop that she described as a necessary guarantee for the people of Northern Ireland, adding that there is no deal available that does not have a backstop in it. Frankly, I doubt very much whether she expects to return from Brussels with anything more than her duty-free. The EU has made it clear for months that the backstop that the Prime Minister secured for the UK is the backstop that is on offer. This is just another round of kicking the can down the road, bringing us two weeks closer to crashing out of the EU. This reckless game is costing jobs, business investment—Nissan being the latest example—and damaging our international standing and credibility.

Airbus said that if the UK left the EU without a deal it would

“lead to severe disruption and interruption of UK production.”

Airbus employs 14,000 people in the UK. Ford warned that a no-deal Brexit would cost the company an estimated £612 million this year. Sainsbury’s, Asda, McDonald’s and others have warned that stockpiling fresh food is impossible and that the UK is reliant on the EU for produce, particularly in March. Standard & Poor’s warned that UK unemployment would rise from 4% to 7% by 2020 in the event of no deal. In the face of mounting evidence of the damage that no deal would cause, leading Brexiters still maintain the pretence that it would do no harm, with some saying that

“We want to be out and we know it will work just fine”,

and that a free trade deal could be “done in an afternoon.”

Yesterday, we debated sport in the UK, and we will debate beer and pubs later this week. I do not want to minimise the importance of those debates, but with an uncontrolled departure from the EU just 50 days away, I ask you, Mr Speaker, to allow an urgent debate in this House to consider the Government’s unwillingness to rule out crashing out of the EU without a deal, with all the associated harmful consequences.

John Bercow Portrait Mr Speaker
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Let me respond to the right hon. Gentleman, to whom I granted the opportunity of a three-minute application. I have listened carefully to his application. At this time, I am not persuaded that the matter is proper to be discussed under Standing Order No. 24, but I have a little more to say. The right hon. Gentleman is a former deputy Leader of the House, and he will doubtless know that the Standing Order does not allow me to give the reasons for my decision or, at any rate, does not exhort or compel me to do so. However, the House will be aware that the Standing Order states:

“In determining whether a matter is urgent the Speaker shall have regard to the probability of the matter being brought before the House in time by other means.”

There have of course previously been SO24 debates appertaining to Brexit, and it is perfectly possible and readily imaginable that there may be others in due course.

I do not skit at the right hon. Gentleman. I am conscious of the pressing timescale. I am also conscious that we have been promised a statement on, if memory serves me, Wednesday of next week and a debate and likely votes on Thursday of next week. I genuinely believe that there is something to be said for observing processes taking place outside of this Chamber and coming to a view about what further consideration of this subject will be required.

The right hon. Gentleman talks about the growing proximity to the intended departure day of 29 March, and I have that in my mind. He may rest assured that this matter will not be allowed simply to rest or to linger, nor is it the case that only the Government can choose when it is debated. I think I have demonstrated several times that I do not accept for one moment that only the Government can determine when the matter is debated or, indeed, the terms and amendability or otherwise of any motion. The Chair is rightly the custodian of some of those powers, which I exercise for the benefit of the House. I say no for now, but I have the matter under review, and I feel sure that the right hon. Gentleman and a great many other Members on both sides of the House will be doing the same.

Bill Presented

Kitchens in Rented Accommodation (Benefit Claimants) Bill

Presentation and First Reading (Standing Order No. 57)

Frank Field presented a Bill to require landlords to meet standards for the hygienic storage and preparation of food and the provision of cooking appliances and equipment in accommodation provided for tenants in receipt of Universal Credit or Housing Benefit; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 15 March, and to be printed (Bill 329).

Points of Order

Debate between John Bercow and Tom Brake
Monday 17th December 2018

(5 years, 3 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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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.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Mr Speaker. Over the weekend, it became very clear that the Prime Minister has some strong views on certain subjects. One is her view on Tony Blair, which I know she shares with the Leader of the Opposition, and another is her view on the merits of a people’s vote, which she also shares with the Leader of the Opposition. But however intense the Prime Minister’s antipathy to a people’s vote may be, is it in order for her to leak chunks of her speech before coming to the House to make a statement, which contains the same chunks of her speech that were leaked to the press at 10.30 last night?

John Bercow Portrait Mr Speaker
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I thank the right hon. Gentleman for giving me notice that he wished to raise this matter. Certainly I agree, wholeheartedly and without equivocation, with the proposition that announcements of Government policy should be made in the House, and should not be preannounced to the media. That is not just a courtesy expected of the Government, but an important principle.

However, I think it only fair to add that the Government might, in this case, argue that the No. 10 press release to which the right hon. Gentleman referred contained no announcement of Government policy, but merely reiterated what the Prime Minister had told the House last week. I understand the sense of disquiet, even irritation, that the right hon. Gentleman feels, but I think that, in the name of even-handedness, it is reasonable for me to put that second point on the record to sit alongside, and to be judged against, the first.

Points of Order

Debate between John Bercow and Tom Brake
Monday 10th December 2018

(5 years, 3 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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It is clear that there is much unhappiness. It is important that we be accurate about these matters. I am afraid that I cannot take an instruction to the House in relation to a Government Order of the Day from other than a Government Minister. The hon. Gentleman will know, from his extensive experience as a Member in charge of a veritable raft of private Members’ Bills, that it is, in those circumstances, for him and him alone to decide whether to proceed with or defer an Order of the Day where he is in charge.

I know what the hon. Gentleman has said, and I have explored all this with the Clerk of the House many a time and oft over the last 48 hours. In this instance, even though the business of the House motion was agreed by the House, the Order is the property of the Government, and it is therefore for the Government to decide whether or not to move the business. If Members find that unsatisfactory, it is perfectly open for Members to change the procedures of the House, but I cannot change them on the hoof.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Mr Speaker. You have rightly said that today has been an exceptional day. I can certainly confirm that, in 21 years as a Member of Parliament, I have never experienced a day of this nature. Clearly, this is the sort of day on which a motion of no confidence in the Government should be moved. Can you help me, Mr Speaker? Is an Opposition party that is not the official Opposition in a position to move such a motion of no confidence?

John Bercow Portrait Mr Speaker
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It is open to a representative of a party other than the principal Opposition to table such a motion. The ordinary working assumption is that such a motion is taken if it is proffered by the official Opposition. I will leave it there for now. I am not saying whether this is desirable or undesirable. I am the custodian of the rights of the House and of the rigorous application of correct procedure. I am sure the right hon. Gentleman, who is a former Deputy Leader of the House, readily acknowledges that. I will not duck my duty—I did not duck my duty on the contempt motion, and would not in comparable circumstances again—but I come back to the point that one has to operate within one’s powers.

Withdrawal Agreement: Legal Position

Debate between John Bercow and Tom Brake
Monday 3rd December 2018

(5 years, 3 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Order. I advise the House that 21 Back Benchers have questioned the Attorney General in 50 minutes. Believe me—I know these things, as I sit in this Chair for many hours and it is my privilege to do so—this is a much slower rate of progress than is customary. I appeal to colleagues to ask short questions and to the Attorney General, whose mellifluous tones I never tire of hearing, to be appropriately pithy in reply.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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Given the precedent set by Lord Goldsmith, whose legal statement was clearly spun and cherry-picked, without seeing the full legal Brexit advice, why should any MP here today believe that this statement is not similarly massaged and designed to bolster the Government’s position and deny MPs on both sides of the House full access to the legal advice that this House has demanded? I am afraid to say that the Attorney General has rather contemptuously and theatrically—as if he were performing “Rumpole of the Bailey”—dismissed us and refused to provide us with the advice.

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Thursday 22nd November 2018

(5 years, 4 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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The Minister’s portfolio grows by the day. He previously served the House and the nation with distinction as the Parliamentary Under-Secretary of State for buses, so from bus to rail really is an impressive CV, it has to be said. [Laughter.] Well, it is.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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3. What lessons his Department has learnt from recent train timetable changes.

Business of the House

Debate between John Bercow and Tom Brake
Thursday 22nd November 2018

(5 years, 4 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I am very sorry that the hon. Gentleman has felt it necessary, on the basis of what he has witnessed, to make that point. My desire would be to lower the temperature and to give opportunities for colleagues to reflect. I am very sorry that, in his long experience, he has not witnessed anything of the kind he has just seen.

My concern is that a proper procedure should be followed in respect of the upcoming matter, perhaps the most serious matter to be brought to this House in half a century. This matter must be dealt with in a manner that suits the House, rather than one particular opinion represented in the House. In my time in the Chair, for all the mistakes that I have made and the inadequacies that I have demonstrated—[Hon. Members: “No!”] Oh yes, because to err is human. I have always stood up for the rights of Back-Bench Members and the rights of Parliament, and the rights of Parliament can sometimes be different from those of a particular Executive at a given time. The Speaker has to be on the side of Parliament, and I always am and always will be.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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Further to that point of order, Mr Speaker. You have rightly set out that there is a normal procedure that has to be followed in this House. Can you advise us on what might be open to Members of Parliament should the Government decide not to follow that normal procedure? For instance, are there precedents, in circumstances similar to these, for Members of Parliament perhaps to occupy Parliament?

John Bercow Portrait Mr Speaker
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I would not recommend any such thing. What I would say to the right hon. Gentleman, consistent with what I have just said about the importance of lowering the temperature and taking time to reflect, is this. I understand and respect the seriousness and sincerity of the right hon. Gentleman, who has himself served with distinction as a Deputy Leader of the House. My point would be to let us wait to see what happens. In the words of the late Lord Whitelaw, “It is, on the whole, better to cross bridges only when you come to them.” I am sensitive, however, to what the right hon. Gentleman has said, and I think some of these concerns may play out in discussions to follow in the coming days. I hope that is fair and reasonable to people of all views.

Points of Order

Debate between John Bercow and Tom Brake
Thursday 22nd November 2018

(5 years, 4 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Mr Speaker. Have you had any representations from a Minister in the Foreign and Commonwealth Office to make a statement to the House on the case of Matthew Hedges? Many Members will be concerned that a British citizen has been given a life sentence—possibly tortured in the process—and yet we have not had a statement from Government. Can you tell me how I can ensure that a Minister comes to the House as soon as possible to update us on that case?

John Bercow Portrait Mr Speaker
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I am grateful to the right hon. Gentleman for his point of order. The issue is very much in the public square, as he will know, and is the subject of much angst and horrified discussion among not merely parliamentarians but, I rather imagine, a very large number of people across the country who feel for Mr Hedges. I think I can predict with complete confidence that this matter will be aired in the Chamber next week, whether by the offer of a ministerial statement or by other means with which the right hon. Gentleman is closely familiar. It is unimaginable that next week will pass without this very significant humanitarian and foreign relations issue being fully discussed by Members.

Points of Order

Debate between John Bercow and Tom Brake
Wednesday 18th July 2018

(5 years, 8 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Mr Speaker. I am seeking your advice and help in getting a clear understanding of the circumstances in which a Member can seek parliamentary time to make a statement and the circumstances in which that would be granted. You will agree that it is rare for a Member to make a personal statement explaining their resignation, just as it is rare for a Member securing the services of a photographer to record for posterity the signing of their resignation letter at a remarkably empty desk. Would it have been in order, for instance, for a Member or Minister to have sought to make a personal statement to apologise for endangering a British citizen detained abroad, to apologise for repeating financial claims about NHS funding that had been comprehensively demolished by an independent, respected, authoritative body, or to explain what involvement they had in a campaign that has been heavily fined for breaking electoral rules—

John Bercow Portrait Mr Speaker
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Order. The right hon. Gentleman will resume his seat. I indulged him and allowed him to develop his thinking.

Trade Bill

Debate between John Bercow and Tom Brake
3rd reading: House of Commons & Report stage: House of Commons
Tuesday 17th July 2018

(5 years, 8 months ago)

Commons Chamber
Read Full debate Trade Bill 2017-19 View all Trade Bill 2017-19 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 17 July 2018 - (17 Jul 2018)
John Bercow Portrait Mr Speaker
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I would not want to take upon my shoulders such a major responsibility. I must advise the hon. Gentleman that I wish all the best to the right hon. Member for Twickenham (Sir Vince Cable). I have no reason to be perturbed on his account. I am not aware that he is indisposed, and I very much hope that he is not. The right hon. Member for Carshalton and Wallington (Tom Brake) is beaming in a mildly eccentric manner from a sedentary position.

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

Further to that point of order, Mr Speaker. Thank you for letting me raise this. On the same subject, have you had any concerns raised with you about the absence of the Leader of the Opposition in relation to fighting against Brexit for the past two years? Has anyone shared any concerns that they may have on that score?

John Bercow Portrait Mr Speaker
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I am not concerned unduly about either matter. They do not fall within the auspices of the Chair, but the point has been made by each right hon. and hon. Member, and I trust that we can leave it there.

Schedule 2

Regulations under Part 1

Amendments made: 4, page 12, line 5, leave out “or 2(1)”.

Amendment 71, page 12, line 7, leave out “or 2(1)”.

This amendment is consequential on Amendment 75.

Amendment 72, page 12, line 11, leave out “or 2(1)”.

This amendment is consequential on Amendment 75.

Amendment 73, page 12, line 13, leave out “or 2(1)”.

This amendment is consequential on Amendment 75.

Amendment 74, page 12, line 20, leave out “or 2(1)”.

This amendment is consequential on Amendment 75.

Amendment 75, page 13, line 30, at end insert—

Part 2A

Scrutiny of regulations under section 2(1)

Scrutiny of regulations made by Minister of the Crown or devolved authority acting alone

“3A (1) A statutory instrument containing regulations of a Minister of the Crown under section 2(1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(2) Regulations of the Scottish Ministers under section 2(1) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(3) A statutory instrument containing regulations of the Welsh Ministers under section 2(1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(4) Regulations of a Northern Ireland department under section 2(1) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(5) This paragraph does not apply to regulations to which paragraph 3B applies.

Scrutiny of regulations made by Minister of the Crown and devolved authority acting jointly

3B (1) This paragraph applies to regulations of a Minister of the Crown acting jointly with a devolved authority under section 2(1).

(2) The procedure provided for by sub-paragraph (3) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.

(3) A statutory instrument which contains regulations to which this paragraph applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(4) Regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the affirmative procedure.

(5) Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (affirmative procedure) applies in relation to regulations to which sub-paragraph (4) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

(6) Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (4) applies as it applies in relation to the laying before the Scottish Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).

(7) A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(8) Regulations to which this paragraph applies which are made jointly with a Northern Ireland department may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.” —(George Hollingbery.)

This amendment provides for regulations under clause 2(1) of the Bill (implementing international trade agreements) to be subject to the affirmative procedure in Parliament when made by a Minister of the Crown, and in the relevant devolved legislature when made by a devolved authority. Where the regulations are made jointly by a Minister and a devolved authority (by virtue of paragraph 5 of Schedule 1) they are required to be approved in draft by both Parliament and the devolved legislature in question.

New Clause 4

Convention about Parliament legislating on devolved matters

“(1) Regulations made under section 1(1) by a Minister of the Crown, may not normally make provision which would be within the devolved competence of a devolved authority unless—

(a) so far as they contain provision which would be within the devolved competence of the Scottish Ministers (within the meaning given in paragraph 7 of Schedule 1), the Scottish Ministers consent, or

(b) so far as they contain provision which would be within the devolved competence of the Welsh Ministers (within the meaning given in paragraph 8 of Schedule 1), the Welsh Ministers consent, or

(c) so far as they contain provision which would be within the devolved competence of a Northern Ireland department (within the meaning of paragraph 9 of Schedule 1), unless the Northern Ireland department has given consent.

(2) Regulations made under section 2(1) by a Minister of the Crown, may not normally make provision which would be within the devolved competence of a devolved authority unless—

(a) so far as they contain provision which would be within the devolved competence of the Scottish Ministers (within the meaning given in paragraph 7 of Schedule 1), the Scottish Ministers consent, or

(b) so far as they contain provision which would be within the devolved competence of the Welsh Ministers (within the meaning given in paragraph 8 of Schedule 1), the Welsh Ministers consent, or

(c) so far as they contain provision which would be within the devolved competence of a Northern Ireland department (within the meaning given in paragraph 9 of Schedule 1), unless the Northern Ireland department has given consent.

(3) This paragraph does not apply to regulations made by the Secretary of State under—

(a) section 35 or 58 of the Scotland Act 1998 (as amended),

(b) section 82 or 114 of the Government of Wales Act 2006 (as amended), or

(c) section 25 or 26 of the Northern Ireland Act 1998 (as amended).”—(Barry Gardiner.)

This new clause would ensure that regulations made by a Minister of the Crown within devolved competence require the consent of Ministers in devolved authorities in accordance with the convention about Parliament legislating on devolved matters while making clear that this does not alter the current powers of Ministers of the Crown in respect of international agreements.

Brought up, and read the First time.

Taxation (Cross-border Trade) Bill

Debate between John Bercow and Tom Brake
John Bercow Portrait Mr Speaker
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Indeed, and we are immensely grateful.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
- Hansard - - - Excerpts

I hope that the penny is now dropping among those who inflicted the EU referendum and the subsequent chaos on the country as to precisely what damage this Tory farce is doing to our standing in the world and to our economy. We are two years on, yet no real progress has been made. Tory rivalries, leadership ambitions and factionalism are making this country a laughing stock, and Tory Members should be ashamed. I am sorry to say that Labour Front Benchers also often contribute to the farce.

I want to speak in favour of accepting new clauses 1 and 12 if they are pushed to a vote, and to speak against new clause 36, which is clearly a wrecking amendment. I hope that, when the Minister responds, he is able to explain why new clause 36 does not drive a coach and horses through the Chequers agreement. Everyone in the House knows that it does, but Ministers appear to be pretending that it does not. I commend the right hon. Member for Broxtowe (Anna Soubry), who is no longer in her place, for the anger and passion that she brought to the debate, and for starting to set out the consequences of Brexit. So far, the debate has been rather short on consequences. There has been a lot about aspirations, ambition, ideology and speculation, but rather little about the consequences of Brexit. Some Government Members pretend that Brexit will have no impact on the UK economy. Others are more honest, including the hon. Member for Harwich and North Essex (Sir Bernard Jenkin), who has just left his place—

European Union (Withdrawal) Bill

Debate between John Bercow and Tom Brake
John Bercow Portrait Mr Speaker
- Hansard - -

Order. A three-minute limit will now apply.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
- Hansard - - - Excerpts

Thank you, Mr Speaker, for selecting amendment (a); my pleasure at being able to speak to it is enhanced by the fact that this opportunity came completely out of the blue, and I welcome that.

The principal purpose of my amendment is to provide clarity such that in all eventualities there will be the opportunity for people to have a final say on any deal that the Government strike, and such that Parliament will not be left stranded with no deal, with which would come the closure of our ports, food shortages, medicine shortages and general chaos. [Interruption.] If Government Members do not believe that, I advise them to talk to the people at the port authority at Dover to hear what they think no deal would mean. I make no apology for the fact that I do want to stop Brexit, which I do not think will come as a surprise to many people in the Chamber. I do not, though, believe that the amendment tabled by the right hon. and learned Member for Beaconsfield (Mr Grieve), or, indeed, my own amendment, would achieve that aim.

Brexit is a calamity. We are going to be poorer, more insecure and less influential, with fewer friends in the world and more enemies as a result of it, and that is happening already. Some Government Members know that and say it; some know it and keep quiet; and some know it and claim the opposite, although I am not going to embarrass those who shared platforms with me during the EU referendum campaign and said then that it would cause calamity, but now claim the opposite. Some Government Members deny it. Their life’s ambition has been to achieve Brexit and they could not possibly accept that it is now doing us harm.

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Wednesday 13th June 2018

(5 years, 9 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
- Hansard - -

Order. Mr Brake is here. He is always here. He stands every week and he is going to be heard.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
- Hansard - - - Excerpts

Thank you, Mr Speaker.

The president of the CBI has said today that sections of the UK car industry face “extinction” unless the UK stays in the EU customs union. Is there any level of damage inflicted by Brexit that would cause the Prime Minister to consider supporting the people having a final say on the deal and a chance to exit from a disastrous Brexit? I could also put that to the Leader of the Opposition.

Theresa May Portrait The Prime Minister
- Hansard - - - Excerpts

As I have said many times in this House, we are looking to ensure that our future customs arrangement with the European Union enables us to have as frictionless trade with the European Union as possible and no hard border between Northern Ireland and Ireland, while also enabling us to have an independent trade policy and to negotiate trade deals around the world. I have been clear in a number of my answers that I and this Government will deliver on the vote of the British people to leave the European Union. I seem to remember there was a time when the Liberal Democrats thought that the people should have the choice.

European Union (Withdrawal) Bill (Programme) (No. 3)

Debate between John Bercow and Tom Brake
Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. You will be aware that on today’s Order Paper there is a Liberal Democrat amendment to extend from two to three days the debate on the Lords amendments. I understand the reasons why it has not been possible to vote on that amendment today. However, can you advise me on how in future it will be possible for this House to secure adequate time to debate critical amendments, take back control and avoid situations such as the one we are likely to face today where, by Government design, there will be no time at all to discuss critical Northern Ireland amendments and critical devolution amendments? [Interruption.]

John Bercow Portrait Mr Speaker
- Hansard - -

First, I say to the right hon. Gentleman that a lot of these matters will still be able to be debated—whether they will be divided upon is another matter. Secondly, in response to those who were muttering from a sedentary position that he was eating into the time, let me say that simply as a matter of fact that is not correct. He is not eating into the time, for the simple reason that the Clerk has not yet read the Orders of the Day—we have not yet got to the start of the six hours. It is therefore quite wrong for people to say that the right hon. Gentleman is eating into the time—it is factually wrong and that is all there is to it.

Thirdly, I realise that the right hon. Gentleman regrets the course of events, but the passage of the programme motion has set in train a course of events and that is the reality of the matter. The only remedy would be for the House to divide upon fewer questions in the first group, but in relation to that I say simply two things to him and for the benefit of the House. First, on the merits of such a course of action—having fewer votes earlier—there would be different opinions in the House. Secondly, as he knows, such a remedy lies outside my hands.

European Union (Withdrawal) Bill

Debate between John Bercow and Tom Brake
Tuesday 12th June 2018

(5 years, 9 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I would like Members to speak for two minutes each and no more.

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

I say to the Secretary of State that if he goes naked to the negotiating table—flaunting it all—it is because he and his supporters have conducted their ideological warfare on the airwaves and in our newspapers, not because of any votes we may have today.

The Liberal Democrats have tabled amendment (a) to Lords amendment 19, which would provide people with a final say on the deal. It would be an opportunity to test the will of the people, and I do not quite understand why the Government—and, indeed, the Brexiteers—are so scared by the concept of testing the will of the people.

We have heard a lot about the will of the people, and I must say that it is now the only reason the Government can deploy for supporting Brexit. If we look at the economic grounds, we know from the impact assessments that it will do us damage. On the diplomatic grounds, our friends despair at what we are doing. On the security grounds, we hear threats and counter-threats about not delivering on the security agenda. On savings, we know there will not be any because, among other things, the Government will have to set up a whole series of parallel institutions doing exactly the same thing as the EU ones. On trade, do we really think we are going to get a huge boost from trade with Trump as a protectionist President?

Our amendment (a) to Lords amendment 19 would provide the people with an opportunity to have their views known on this subject, against a background in which much has changed since the referendum vote two years ago. It would give them a say on the final deal, which they are entitled to and deserve, and I think that would put this issue to bed once and for all.

Jonathan Djanogly Portrait Mr Jonathan Djanogly (Huntingdon) (Con)
- Hansard - - - Excerpts

The key difference between Lords amendment 19 and Government amendment (a) is that, in the event of a no deal scenario, the Government amendment simply requires a statement, while the Lords amendment in effect grants Parliament a power to issue negotiating directions. On the face of it, it looks attractive to say that if the Government cannot deliver, the Commons should be able to step in, but on these procedural amendments, I can see the other side of the argument.

Governments negotiate treaties, under the terms of the royal prerogative, and Executives govern, and I am not one who would wish to undermine that concept except in the most extreme circumstances. That is what I have been weighing up in recent days. I also recognise that the proposal in Government amendment (a) concedes the Lords request that Parliament should gain a legal right to a veto on an international agreement. I believe that this would be the first time such a veto had been allowed in law in the UK, and it moves us into line with the European Parliament approvals. It is fair to say that, in the past few days, the Government have gone some way to address the concerns on this issue.

In my considerations, I have been no little influenced by the Prime Minister, who I sincerely believe wants the best deal possible for the UK and who is asking to be able to go to the June EU meeting with the freest possible hand. However, if the Prime Minister gets the deal this country needs, even with the Government concession in their amendment (a), there is still no plan B if Parliament then rejects the deal. That is why I think the new compromise, tabled last night by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), moves towards the balance required in retaining both constitutional integrity and practical requirements. I was therefore very pleased to hear the Secretary of State say that this issue will now be looked at again in the Lords, and the Solicitor General reinforced that in his earlier comments.

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Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

On a point of order, Mr Speaker. Having failed to secure three days of debate on the Lords amendments through an earlier Liberal Democrat amendment—which we can see was in fact desperately needed, because we are not going to have any time at all to discuss Northern Ireland or the devolution settlements— I must now seek your guidance on another matter.

There is a Liberal Democrat amendment on the amendment paper that would provide for a final say on the deal. It is supported by more than 20 Members of Parliament, and more have indicated that they would support it if it was pushed to a vote, but that is not going to be possible. Indeed, the hon. Member for Bracknell (Dr Lee), with his new-found freedom, may have wanted to support it.

I seek your advice on what we can do to make our proceedings more transparent to the public and ensure we vote on matters that are dear to the public’s heart, such as a final say on the deal. I also seek your advice on how to stop the Government closing down debate on matters that they consider to be uncomfortable or that would expose their incompetence or inconsistency.

John Bercow Portrait Mr Speaker
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I am most grateful to the right hon. Gentleman for his point of order and for his courtesy in giving me advance notice of his intention to raise it. Of course I understand his points; he would probably be more than a little perturbed if I did not. To be clear—I think it warrants a simple explanation or statement to the House—all I can do is to select or not select amendments and to decide whom to call to speak. His amendment was selected, and I vividly recall that he was able to make a brief contribution to the debate.

I am as tightly bound by the Standing Orders of the House as the right hon. Gentleman is, and—I say this for wider intelligibility of our proceedings—once the knife has fallen during consideration of Lords amendments, which means in simple parlance once time for debate is up, only Ministers may put propositions to the House. That may dissatisfy some colleagues, but I am sure everyone will accept that we have to operate in accordance with the rules, and where there is no discretion, I cannot assume that there is. I hope that that is at least helpful in explaining how we are doing things and why we are doing what we are doing. I am grateful to the right hon. Gentleman.

Before Clause 9

Parliamentary approval of the outcome of negotiations with the European Union

Motion made, and Question put, That this House disagrees with Lords amendment 19.—(Mr David Davis.)

Artificial Intelligence Sector Deal

Debate between John Bercow and Tom Brake
Thursday 26th April 2018

(5 years, 11 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Order. Before I take questions on this statement, I should advise or rather remind the House that there is a further statement to follow, but that statement is not likely to absorb much time in the Chamber, not least on account of the 39 Back-Bench Members who wish to contribute to the principal debate of the day, on customs and borders. I would not want colleagues to be taken unaware, and therefore I am taking the unusual step of indicating that the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), the right hon. and learned Member for Beaconsfield (Mr Grieve), the hon. Member for Brighton, Pavilion (Caroline Lucas) and the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil), together with the 39 Back Benchers who wish to speak in that important debate, should really as I speak be beetling across to the Chamber, because it would be most regrettable if they had not arrived for the start of the debate, which they so eagerly sought and of which I am myself in eager anticipation.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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I thank the Minister for her statement. I did not require artificial intelligence to establish DeepMind’s view on Brexit. When I googled “DeepMind” and “Brexit”, it came up immediately with the company’s concerns about the impact of Brexit. How will the Minister ensure that the IT innovation that currently flows around the European Union can continue post Brexit? How will she ensure that top-flight companies such as DeepMind can continue to attract EU citizens to work in that important sector? Finally, she will be aware that the EU investment fund for British start-ups, which was investing £500 million in 2016, has dropped to £53 million. Much of that money would have been spent on artificial intelligence. Is she confident that Government funds will be able to replace that?

Customs and Borders

Debate between John Bercow and Tom Brake
Thursday 26th April 2018

(5 years, 11 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Order. I am sorry—I should have formally announced a four-minute limit. It is in effect but I should have announced it formally. The right hon. Gentleman has four minutes from now.

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

Thank you, Mr Speaker.

It is a pleasure to follow the hon. Member for Totnes (Dr Wollaston). I agree that we need a dose of Brexit reality. In fact, I agree with everything she said. I am sure she will share my concern about the recent figures on the number of EU nurses who have gone off the register, and indeed the number who have left the country, just at a time when we have significant vacancies.

Just as I agree with everything the hon. Lady said, I disagree with everything said by the hon. Member for Vauxhall (Kate Hoey), who is no longer in her place. However, at least she had the courage to be here to present that hard Brexit line. Where are the hard Brexiteers on the Conservative Benches? Where is the Foreign Secretary? Where is the Secretary of State for International Development? Where is the Leader of the House? [Interruption.] Oh, there is one. They should be here to hear what they are inflicting on the country. Perhaps the reason they are not here is that they did not want to hear some very well-judged, measured contributions from Members on their own Benches explaining precisely the damage that they are causing.

Business of the House

Debate between John Bercow and Tom Brake
Thursday 29th March 2018

(5 years, 12 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I know that the Leader of the House will seek to do that. I also know that in seeking to do that extremely conscientiously, she will bear in mind that if you did a straw poll of members of the public and asked them, “What do people in Parliament do?” the answer would be debate and vote—quite elementary, really.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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May I press the Leader of the House to make time available for a further debate on the draft EU withdrawal agreement so that we can discuss the outstanding matters therein, such as the role of the European Court of Justice, the settlement of disputes, European arrest warrants, and Ireland and Northern Ireland? In that debate, would she expect the Department for Exiting the European Union to make it clear that the most difficult issues are still unresolved, and that the UK will not cut and run and get into transition with those matters still unresolved?

EU Referendum: Electoral Law

Debate between John Bercow and Tom Brake
Monday 26th March 2018

(6 years ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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I seek leave to propose that the House should debate a specific and important matter that should have urgent consideration, namely the EU referendum and alleged breaches of electoral law.

Many Members will have read the articles in The Guardian and The Observer this weekend regarding alleged breaches of electoral law and specifically allegations about Vote Leave and BeLeave acting in concert. Like others, I have written to the police and the Electoral Commission to request that each and every one of those allegations is fully investigated.

The serious and well-documented allegations appear to show active and regular co-ordination of, and input to BeLeave’s campaign by senior staff from Vote Leave, two of whom now work in the Prime Minister’s office, and one of whom appears to have been involved in outing one of the whistleblowers, putting them and their families’ lives at risk.

It was always going to be the case that providing funding of £625,000 to an almost unknown and relatively newly established organisation, apparently co-located in the same building as Vote Leave, but totally independent of Vote Leave, would attract suspicion. However, the reports add what may be totally new information, including that some of Vote Leave’s six-figure donation had never been transferred to BeLeave accounts, or that contracts for work carried out—allegedly on behalf of BeLeave—were not paid for by BeLeave.

I am also aware that the Electoral Commission has been investigating for some months allegations that Leave campaigners benefited from services provided by Cambridge Analytica or its associated companies, and that these were not reported as required by electoral law, whether paid for or provided as a benefit in kind. Given the closeness of the EU referendum result, and its impact on the UK’s future, it would be an absolute travesty of democracy if these allegations were not thoroughly investigated by the appropriate authorities.

I am not seeking through this request to pronounce on the guilt or otherwise of those named in reports this weekend, as these matters are of course sub judice. However, if the Standing Order No. 24 debate is granted, I would want to focus on the administration of elections and, in particular, referendums, in order to provide an opportunity for the Government to explain: whether they are content with the law that regulates elections and referendums currently; what action the UK Government intend to take to address any failings in electoral law they have already identified; and what mechanisms are in place to right past electoral wrongs.

The British public need certainty that our elections are free and fair, conducted within the rules, and that they have not been cheated. It is for this reason that I am making this urgent request for your consideration.

John Bercow Portrait Mr Speaker
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The right hon. Gentleman asks leave to propose a debate on a specific and important matter that should have urgent consideration, namely the EU referendum and alleged breaches of electoral law. I have listened carefully to his application and I am satisfied that the matter raised is proper to be discussed under Standing Order No. 24. I should emphasise, as I am not sure people always appreciate this and it is important to know the facts, that if this debate took place—that is dependent on numbers and so on—it would be a debate on what is called a “general motion” or a general debate. Therefore, it would take place on the basis that, “The House has considered the matter”; it is nothing more or less than that. It is not a question of which side of the argument colleagues happen to be on; it is simply a question of the Chair judging whether, if there is sufficient support in the House under the Standing Order, it should proceed as a debate. I am satisfied that it is proper to be aired. Has the right hon. Gentleman the leave of the House?

Application agreed to.

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Monday 5th March 2018

(6 years ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I am sure that is very reassuring to the nation.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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T2. After the Secretary of State’s statement that terrorists cannot harm us and his ministry was forced to admit that its drone policy was misleading and erroneously drafted, will the Secretary of State tell the House whether it is the policy of the UK Government to kill people outside warzones?

European Union (Withdrawal) Bill

Debate between John Bercow and Tom Brake
3rd reading: House of Commons & Report stage: Second Day: House of Commons
Wednesday 17th January 2018

(6 years, 2 months ago)

Commons Chamber
Read Full debate European Union (Withdrawal) Act 2018 View all European Union (Withdrawal) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 17 January 2018 - (17 Jan 2018)
John Bercow Portrait Mr Speaker
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I call Tom Brake to move new clause 11 formally.

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

And enthusiastically.

New Clause 11

Meaningful vote on deal or no deal

“(1) The Prime Minister must publish and lay before both Houses of Parliament an assessment of the impact on the economy of the United Kingdom, and on each nation, province or region of the United Kingdom, of any unratified agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU.

(2) Any agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU may not be ratified unless—

(a) subsection (1) has been complied with,

(b) the House of Lords has considered a motion relating to the unratified agreement,

(c) the House of Commons has approved the unratified agreement by resolution,

(d) the statute mentioned in section 9 (approving the final terms of withdrawal of the United Kingdom from the European Union) has been passed, and

(e) any other legislative provision to enable ratification has been passed or made.

(3) If no agreement has been reached by 31 December 2018 between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union setting out the arrangements for the United Kingdom’s withdrawal from the EU, the Prime Minister must publish and lay before both Houses of Parliament within one month an assessment of the impact on the economy of the United Kingdom, and on each nation, province or region of the United Kingdom, of leaving the EU under Article 50(3) of the Treaty on European Union without an agreement.

(4) If no agreement has been reached by 31 January 2019 between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union setting out the arrangements for the United Kingdom’s withdrawal from the EU,

(a) a Minister of the Crown must propose a motion in the House of Lords relating to the lack of an agreement, and

(b) a Minister of the Crown must propose a motion in the House of Commons approving the intention of the United Kingdom to leave the EU under Article 50(3) of the Treaty on European Union without a withdrawal agreement.

(5) Unless the House of Commons approves by resolution after 31 January 2019 the intention of the United Kingdom to leave the EU under Article 50(3) of the Treaty on European Union without a withdrawal agreement, the Prime Minister must either —

(a) reach an agreement before exit day between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU, or

(b) request the European Council for an extension of negotiation under Article 50(3) of the Treaty on European Union, or

(c) rescind the notice of intention under Article 50(2) of the Treaty on European Union to withdraw from the EU given in accordance with the European Union (Notice of Withdrawal) Act 2017 and request the European Council to accept that rescission.”—(Tom Brake.)

This New Clause would ensure that the Government assesses the impact of either an agreement or no deal on the UK economy and regions before a meaningful vote, and that if Parliament does not agree to the agreement or to no deal, then the Government must request a revocation or extension of Article 50.

Brought up.

Question put, That the clause be added to the Bill.

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Thursday 7th December 2017

(6 years, 3 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake
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Professor Childs recommended a target of a representative parliamentary Press Gallery—Lobby journalists—such that neither women nor men should be in receipt of less than 40% of Lobby passes by 2020. As of 6 December, 25.6% of the 246 valid Lobby passes on issue were for women. As a result of my hon. Friend’s question, I will seek the best means of publishing those figures on a regular basis.

John Bercow Portrait Mr Speaker
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They really will have to do better, won’t they?

Points of Order

Debate between John Bercow and Tom Brake
Wednesday 6th December 2017

(6 years, 3 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I am grateful to the right hon. Gentleman. I am not sure that it would be right for me to expect letters from Members on the basis that he has set out. It is perfectly open on this matter—or, indeed, for that matter, on any other—for any interested hon. or right hon. Member to write to me. That said, I have tried to indicate to the House that as the Exiting the European Union Committee has ownership of the issue—quite specifically for the benefit of those attending to our proceedings beyond the House, it has ownership in the sense that the call by the House was for the release of material to the Committee—I am interested to hear from the Committee. One way or the other, I rather imagine, whatever it wishes to say, that I shall do so.

I hope that that is helpful, but if the right hon. Gentleman is eager to rush to his computer and bash out a communication to me with the zeal and alacrity for which he is renowned in all parts of the House, I shall await the results of his lucubrations.

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John Bercow Portrait Mr Speaker
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I am always grateful to the hon. Gentleman, both for his skill and for his prodigious industry. He is, by background, if my memory serves me correctly, a lawyer, so I am not surprised to be reminded of his lawyerly quality: his attention to detail and his appetite for studying the Official Report. I hope that he will not take it amiss if I say that I am not entirely unmindful myself of the content of the Official Report and of various exchanges that have taken place. That material naturally comes my way, and I study it. I do not think it would be right to engage in textual exegesis on the Floor of the House.

When the Committee’s completed consideration is presented to me, if it is, and I am invited to make a judgment, I will make it, and I will be mindful of all the matters that the hon. Gentleman has highlighted—and potentially others, which hon. and right hon. Members in any part of the House wish to bring to my attention. I do not honestly think that there is much to add, but the Liberal Democrat party would be sadly disappointed if we did not hear from the right hon. Member for Carshalton and Wallington—almost as disappointed as he would be.

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

On a point of order, Mr Speaker. I am worried that the Government might, repeatedly and inadvertently, have misled the House on the sectoral reports and their nature. We heard from the then Brexit Minister, Lord Bridges, in October last year that they were being produced

“so that we can analyse what Brexit might mean”

for different sectors. The right hon. Member for Clwyd West (Mr Jones), who was then a Brexit Minister, said in March this year

“There is…a lot of work going on to address all sorts of eventualities.”

A number of Members of Parliament have put in freedom of information requests to access those reports, but they have been rejected on the basis that information released would prejudice the interests of the United Kingdom. Having reviewed the sectoral reports, there is absolutely nothing in them that could not have been obtained by a very detailed Library information briefing—

John Bercow Portrait Mr Speaker
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Order. I do not wish to prolong this exchange. The right hon. Gentleman is unfailingly courteous to me, and I have no wish to be discourteous to him. Those matters which are familiar to him will be familiar to others. They may or may not be judged germane by the Committee in putting together its report, and therefore reaching its conclusions. I do not think that its conclusions will be influenced by points of order now on the Floor of the House. I completely understand why Members wish to give vent to their concern—that is perfectly proper—but I am afraid I have simply to repeat that if I am approached, if I receive a letter on this matter and related material, I will study it. I have tried to give a clear indication to the House that if I am so approached with responsibility to take a decision, I certainly intend to take my responsibility seriously and discharge it efficiently, which means, among other things, without undue delay. I hope that that is clear. If there are no more points of order—

Points of Order

Debate between John Bercow and Tom Brake
Monday 27th November 2017

(6 years, 4 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I am extremely grateful to the hon. Gentleman for his point of order. As he says, publication to the Select Committee has taken place today. I had anticipated that it would, because obviously conversations about this matter took place between the Secretary of State for Exiting the European Union and the Chair of the Brexit Committee, the right hon. Member for Leeds Central (Hilary Benn), and conversations took place that included me. I had expected that the analyses would be released no later than today and am pleased that that has happened.

I note what the hon. Gentleman says about the extent of the interest in the matters covered by the sectoral analyses. My response is to say to him that publication is to the Committee and the matter is in the hands of the Committee. It is perfectly open to the hon. Gentleman —and, indeed, to other Members similarly interested—to approach the Chair of the Select Committee and to seek disclosure. I must emphasise, however, that at this stage it is very much a matter for the Chair of the Committee, although an approach to him is in no way improper—indeed, not least on the back of this point of order, it is very much to be expected. The right hon. Member for Leeds Central is a very experienced Member of this House, as well as an unfailingly courteous one, and I rather doubt that he would be surprised to be so approached.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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Further to that point of order, Mr Speaker.

John Bercow Portrait Mr Speaker
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The right hon. Gentleman is not hailing a taxi, but nevertheless I am happy to hear his point of order.

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

Mr Speaker, you are clearly someone with great experience of the procedures in this House. Do you feel that there would be a public interest defence if the Chair of the Select Committee decided to make the information available to Members of the House generally so that we could all access the reports?

John Bercow Portrait Mr Speaker
- Hansard - -

I am slightly taken aback by the right hon. Gentleman’s inquiry. My response is that the need for a public interest defence, as he put it, would not arise because publication would be covered by parliamentary privilege. In the event of disclosure and there being a disagreement about the wisdom of that disclosure between Members, between the Executive and the legislature, or between the Executive and parts of the legislature, there could indeed be argument, and the Chair of the Committee or his colleagues—or both—could be open to criticism, but no need for a public interest defence would arise. I hope that that is helpful to colleagues.

Points of Order

Debate between John Bercow and Tom Brake
Wednesday 15th November 2017

(6 years, 4 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I am grateful to the hon. Gentleman for that point of order. That motion is effective and it is binding upon the Government. About that there can be no further argument—I was asked about it and I ruled on it. What I can say to the hon. Gentleman is that I know that the Secretary of State for Exiting the European Union is in contact with the Chair of the Brexit Committee about publication and when that is likely to happen. They are also discussing the question of form of publication and the attitude that the Brexit Committee might take to that. Those discussions cannot long continue.

The hon. Gentleman asks me to put a date on the matter; I can say to him only that I was given to understand—if memory serves me, at the beginning of last week—that the material would be published no later than three weeks from that date. I think we are a little under halfway through that period. Thereafter, publication can, will and should be very widely expected. If it is any comfort to the hon. Gentleman and others, I can say that I am very focused on that matter, in the interests of the House as a whole, and I can tell him that the right hon. Member for Leeds Central (Hilary Benn), who chairs the Select Committee, is, too. It will not be let go.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
- Hansard - - - Excerpts

Further to that point of order, Mr Speaker. I welcome the fact that you are rightly focused on this issue. If those reports were in fact not forthcoming within the three-week period, what specific action would you be able to take to ensure that the Government delivered on their promise?

John Bercow Portrait Mr Speaker
- Hansard - -

As I have occasionally had reason to observe to other people—being an experienced parliamentarian, the right hon. Gentleman will understand the relevance of this—I tend to think, as the late Lord Whitelaw used to say, that it is best to cross bridges only when you come to them. Indeed, to seek to do so before you have arrived at them could prove to be rather a hazardous enterprise, and I would not wish that ill fate to befall the right hon. Gentleman or any other Member of the House. In very simple terms, the procedure is well known. If the Government were not to comply, it would be open to the Chair to accede to a request for precedence to be given in relation to an allegation of contempt. But we have not got to that point, as yet.

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Thursday 26th October 2017

(6 years, 5 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I am sure Ministers love meeting the hon. Gentleman in the Division Lobby, and that they have good conversations—although they are probably usually one-way.

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

I have nothing to add to what Mr Speaker has said.

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Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

For the reasons I set out about the risk profile associated with the services in the building, I certainly support what the hon. Gentleman says about the need for urgent action to be taken, although I may not echo the tone that he uses.

John Bercow Portrait Mr Speaker
- Hansard - -

I am very grateful to the hon. Member for Rhondda (Chris Bryant) for his attempted imitation. I usually have the copyright on the phrase “Get on with it, man,” but they say that imitation is the sincerest form of flattery, so I am deeply obliged to the hon. Gentleman.

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Alan Brown Portrait Alan Brown (Kilmarnock and Loudoun) (SNP)
- Hansard - - - Excerpts

Given the attitude to change in this place, including the resistance to electronic voting, does the right hon. Gentleman agree that consideration should be given to turning this place into a museum?

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

When that matter was looked at by the Commission and the Lords equivalent, there was no desire to turn this place into a museum. Indeed, there was a desire to ensure that this building is able to continue to operate for staff, for Members and for visitors and to remain a significant world heritage building. [Interruption.]

John Bercow Portrait Mr Speaker
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Just in case those attending to our proceedings did not hear, the hon. Member for Lichfield (Michael Fabricant) says that he wants to be an exhibit. He should be careful of what he wishes for.

European Council

Debate between John Bercow and Tom Brake
Monday 23rd October 2017

(6 years, 5 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Tom Brake.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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Thank you, Mr Speaker. I thought that that might be the timing.

When is the Prime Minister going to face down the ideologues in her party—on her Back Benches, and, indeed, in her Cabinet—who, from the safety of their stately homes and their châteaux, their trust funds and their inherited wealth, clamour for a no deal that they know would do huge damage to the “just about managing”, leave the UK weaker, and make our position in the world much smaller? When is she going to stand up for remain voters, and, indeed, for the leave voters who do not want the economic catastrophe that the Eurosceptic obsessives on her Benches wish to inflict on us?

Points of Order

Debate between John Bercow and Tom Brake
Monday 16th October 2017

(6 years, 5 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Mr Speaker. On Friday, I emailed the Secretary of State for Exiting the European Union’s office at 12:08. The email was acknowledged by his office at 12:21. At 15:03 precisely, my letter was on the Guido Fawkes website. Mr Speaker, you may be aware of Guido Fawkes, and I am sure that he will get pleasure from the fact that I am mentioning his website here today, but could you explain how I can ensure that the Minister’s office is just as prompt in giving me a reply to my inquiry as it appears to have been in giving that inquiry to the Guido Fawkes website?

John Bercow Portrait Mr Speaker
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The right hon. Gentleman has raised his concern in a very reasonable tone, and I am grateful to him for giving me notice that he wished to raise this matter. I understand his concern and—all attempted jocularity aside—this is in fact quite a serious subject. The handling of Members’ correspondence by Government Departments is of course a matter for the Ministers concerned rather than for me, and I do not know how his email to the Department for Exiting the European Union found its way to a third-party website, but I strongly agree with the principle that Members of this House should be able to assume that their correspondence with Departments will be treated in confidence and with respect. It should not be lobbed in the direction of some website. That is a pretty extraordinary state of affairs and I would hope that the Secretary of State will at some point have something to say about the matter. The Secretary of State himself is a very long-serving and distinguished parliamentarian, and he treats the House with respect, so he might well have a view on the matter. I hope that we will hear that view sooner rather than later.

Business of the House

Debate between John Bercow and Tom Brake
Thursday 12th October 2017

(6 years, 5 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Hmm, yes.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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Will the Leader of the House make time available for a debate, which I suggest should be led by the Cabinet Office, to enable Ministers from different Departments to set out the costs of Brexit? They could set out, for instance, the cost of the contingency plans, the cost to the 50 different sectors set out in the sectorial reports that we are not allowed to see and the cost of the Nissan deal and any other secret deals with car manufacturers. It would also enable Ministers, like the Leader of the House, to set out exactly what they had said during the EU referendum campaign about what the cost of leaving the European Union would be for the taxpayer.

Points of Order

Debate between John Bercow and Tom Brake
Thursday 6th July 2017

(6 years, 8 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Mr Speaker. You were not in the Chair on Monday and may not have heard the Minister of State, Department for Transport, the right hon. Member for South Holland and The Deepings (Mr Hayes) say that he was not going to take interventions from anybody who was not wearing a tie. Given your pronouncements on this matter, Mr Speaker, do you think there is a risk of a slippery slope that might lead a Member to refuse to take interventions from Members who are sartorially challenged in other ways, such as wearing a gaudy tie or a garish waistcoat? I would welcome your advice.

John Bercow Portrait Mr Speaker
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I am grateful to the right hon. Gentleman for his point of order. First, I can reassure the House that rulings on the dress code, which should be observed by Members if they wish to be called in debate, pose questions or, indeed, raise points of order, are a matter exclusively for me. That simply is the fact of the matter. They are not a matter for the right hon. Member for South Holland and The Deepings (Mr Hayes), although I always value his views, as I do those of all colleagues. Many Members will be aware that I have known the right hon. Gentleman for three decades, that I enjoy his company and that I can often be observed chortling at some of his literary and philosophical references in the course of his orations in the Chamber. Those orations are always enormously enjoyed, not least by the right hon. Gentleman himself. I rather thought that what he had to say on this matter was proffered in his characteristically jocular fashion. However, in so far as I could be said to have received an application from the right hon. Gentleman, by virtue of his pronouncement, for the role of style policeman, I can tell the right hon. Member for Carshalton and Wallington (Tom Brake) and all Members of the House that I have filed it in the appropriate place.

Secondly, it is of course for a Member, be they a Minister or not, to decide to whom to give way during a speech. That said, I am confident that no Member, in making that decision, would in any way discriminate on the basis of the attire of the colleague seeking to intervene, any more than he or she would do so on the basis of a Member’s age or gender. It would indeed be quite wrong of anyone to do so. I hope that that puts the right hon. Gentleman’s mind at rest and we can leave the matter there.

Persecution and Detention of LGBT Citizens: Chechnya

Debate between John Bercow and Tom Brake
Thursday 20th April 2017

(6 years, 11 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

John Bercow Portrait Mr Speaker
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If memory serves me correctly, the right hon. Gentleman’s birthday was 20 days ago.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
- Hansard - - - Excerpts

I start by thanking the Minister for his very forceful statement. On behalf of the Liberal Democrats, I have written to the Russian ambassador. I echo the calls made by other Members today for the UK Government to call in the Russian ambassador and ask him, in particular, what will be done to protect the journalists who were involved in leaking this story. Clearly they, as well as the LGBT community, are now at risk. Finally, have any lessons been learned since the G7, where our Government unfortunately failed to secure sanctions against Syria and Russia, about how to improve co-operation to ensure that action is taken against Chechnya at an international level?

Points of Order

Debate between John Bercow and Tom Brake
Wednesday 29th March 2017

(6 years, 12 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Mr Speaker. The Liberal Democrats believe that Brexit will cause untold damage to the UK’s economy and influence in the world, but the Government have triggered article 50, so we will do all in our power to ensure that it is a success. But Mr Speaker, if it is not a success, what guidance can you give me on how those responsible for any such damage—the Prime Minister, and the Secretaries of State for Foreign and Commonwealth Affairs, for International Trade, for International Development and for Exiting the European Union—will truly be held to account in this House for their actions and their failure? The blame should not simply be shifted to the remainers, the European Union or anyone else they choose to blame.

John Bercow Portrait Mr Speaker
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I do not wish to be unkind to the right hon. Gentleman, who has served as Deputy Leader of the House, no less, but I simply say two things. First, I am, on the whole, wary of entertaining hypotheticals and, at the moment, the right hon. Gentleman, perfectly legitimately, is using the ruse of a point of order to raise a hypothetical. The second point is that, as the right hon. Gentleman knows, all Members of this House have not only a right but, frankly, a responsibility, on whichever side of the House they sit, to hold the Executive to account. That is a primary function of a Member of Parliament. All I can say is that however the situation evolves, the right hon. Gentleman can rest content that those who seek to hold the Executive to account will always have a friend in the Chair.

Personal Independence Payment: Regulations

Debate between John Bercow and Tom Brake
Wednesday 29th March 2017

(6 years, 12 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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I want to start by thanking the Minister. Last Wednesday, as I was coming down the escalator, she, in a large crowd of people, was coming in the opposite direction and let us know in no uncertain terms that we should leave the building. I thank her for that.

Moving on to the debate, I thank my staff, who, like others, have a 100% success rate in the appeals that we have taken up in our office. I thank you, Mr Speaker, for facilitating this debate—or, in fact, forcing it on the Government. The Government should have facilitated it in a timely manner, and they stand condemned for failing to do so in spite of a cross-party request that they make time available. I am pleased that the original prayer that we tabled with the support of the main Opposition party has led to the successful securing of this debate under Standing Order No. 24, thanks to the hon. Member for Oldham East and Saddleworth (Debbie Abrahams).

As Members have said, PIP helps disabled people to meet some of the costs related to their impairment or condition, and the Government have a stated intention of securing parity of esteem for physical and mental health. How does stopping people with mental health problems securing extra support through PIP for their journey—that is activity 11, I believe—help to achieve parity of esteem?

The Government claim that they are simply affirming what was originally intended in the legislation. I dispute that, and the evidence backs me up. Members have quoted what the right hon. Member for Basingstoke (Mrs Miller) said about that, particularly the phrase that

“PIP is designed to assess barriers individuals face, not make a judgment based on their impairment type.”—[Official Report, 7 February 2012; Vol. 540, c. 232W.]

Lord Freud said:

“One of the big differences between ?the personal independence payment and DLA is that the personal independence payment looks at the person’s ability to plan and execute a journey, not just at their physical capacity.”—[Official Report, House of Lords, 7 February 2011; Vol. 725, c. 9.]

Those examples alone demonstrate that the Government’s intention was to allow people with mental health problems to receive PIP to assist them if their mental health meant that they could not travel without assistance. If the Government want to change the law because of the extra costs associated with funding parity of esteem, so be it, but let us have proper scrutiny, a proper debate and a proper vote, not this piece of parliamentary jiggery-pokery.

John Bercow Portrait Mr Speaker
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We are most grateful to the right hon. Gentleman. I advise the Minister that she should sit down no later than 5.13 pm.

Points of Order

Debate between John Bercow and Tom Brake
Wednesday 1st March 2017

(7 years ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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May I associate myself and Liberal Democrat colleagues with the tributes paid to Sir Gerald Kaufman and express our condolences to his family?

On a point of order, Mr Speaker. I seek your guidance. I am concerned that the Secretary of State for Work and Pensions and, indeed, the Prime Minister may have inadvertently misled the House in relation to claims that they have made about the changes to the personal independence payment. I have checked the Government’s response to the PIP consultation dated 13 December 2012, sections 6.13 and 6.14 of which make it clear that the Government were going to award points to those whose mobility was impaired by their mental health. How can I set the record straight to make it clear that the policy change to restrict PIP is a wholly unacceptable policy change for which this Conservative Government are solely responsible?

John Bercow Portrait Mr Speaker
- Hansard - -

I thank the right hon. Gentleman for the warmth and courtesy of his remarks in respect of the late Sir Gerald Kaufman.

The right hon. Gentleman raises an important matter, but it is a matter of debate. I would say two things to him. First, as he will probably have noticed, this matter was treated of by the right hon. Member for East Ham (Stephen Timms) and others yesterday, although that does not preclude further consideration of it today. Secondly, the right hon. Gentleman is a wily old hand in this House, and he knows that by raising the matter in this way on the Floor of the House in front of Members on the Treasury Bench, he has found his own salvation. I cannot help but think that on this occasion he is more interested, as I often observe, in what he has to say to me than in anything I have to say to him.

Point of Order

Debate between John Bercow and Tom Brake
Wednesday 11th January 2017

(7 years, 2 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Mr Speaker. The Attorney General is making a speech today—indeed, he might already have made it—that will apparently pave the way for more military drone strikes against jihadis. This looks like, smells like and walks like a policy announcement. You, Mr Speaker, will be aware of the concerns that have been expressed in the House about the use of drones, about the lack of parliamentary scrutiny of their use and terms of engagement and about the risk—acknowledged by the Attorney General—of civilian casualties associated with their deployment. Given the controversial nature of drones, do you agree that any step change in their use—in other words, a policy shift—should be raised and debated in this House, not trailed in a speech?

John Bercow Portrait Mr Speaker
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I am grateful to the right hon. Gentleman for his courtesy in giving me notice of his intention to raise this point of order. I certainly share his view that significant policy announcements by the Government should first be made in this House rather than outside it. I am not familiar with the contents of the Attorney General’s speech today, and I am not in a position to pronounce on whether it amounts to such an announcement of policy change. That said, the right hon. Gentleman has made his concern clear, and it will no doubt have been heard by those on the Treasury Bench. He can be sure that it will be conveyed to the relevant Ministers. The fairest thing I can say is: let us await events. I might add that as the right hon. Gentleman is a former Deputy Leader of the House, he will be well aware of—and personally closely familiar with—the instruments available for Back-Bench scrutiny of the Executive in this place.

Aleppo/Syria: International Action

Debate between John Bercow and Tom Brake
John Bercow Portrait Mr Speaker
- Hansard - -

All I can say to the hon. Lady is that I have just heard the Foreign Secretary indicate from a sedentary position that he will write to her. Might I politely ask that the Foreign Secretary place a copy of the letter in the Library of the House, because I think his answer will be of interest not only to the hon. Lady, but to many Members on both sides of the House?

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

Further to that point of order, Mr Speaker.

John Bercow Portrait Mr Speaker
- Hansard - -

I am not sure there is anything further, but I will indulge the right hon. Gentleman.

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

I asked the Foreign Secretary whether he would support the Magnitsky Act amendments to the Criminal Finances Bill. I wonder whether he might be willing to indicate that he will respond on that point.

John Bercow Portrait Mr Speaker
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He might. I say to the right hon. Gentleman and any other Member who feels that his or her point has been inadequately addressed, or not addressed at all, that I am sure that the Foreign Secretary will study what has been said by colleagues and that, if he feels there are points that are unaddressed, he will write to all such colleagues. I am quite sure that the Foreign Secretary will do that.

We have to leave it there for now. We cannot continue the debate at this time, although there is plenty of scope for doing so subsequently.



Neighbourhood Planning Bill (Programme) (No. 2)

Ordered,

That the Order of 10 October 2016 (Neighbourhood Planning Bill (Programme)) be varied as follows:

(1) Paragraphs (4) and (5) of the Order shall be omitted.

(2) Proceedings on Consideration and proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion, at today’s sitting, four hours after the commencement of proceedings on the motion for this order.

(3) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion, at today’s sitting, five hours after the commencement of proceedings on the motion for this order.—(Gavin Barwell.)

Yemen

Debate between John Bercow and Tom Brake
Monday 12th December 2016

(7 years, 3 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

On a point of order, Mr Speaker.

John Bercow Portrait Mr Speaker
- Hansard - -

A point of order on cluster musicians? Very well, I will take it now. [Interruption.] Not on musicians, no—I am sorry if I misspoke. It is on cluster munitions, which was what Jack Straw would have called the gravamen of the right hon. Gentleman’s concern. Let us hear it.

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

Thank you, Mr Speaker. You will have heard, just a couple of minutes ago, the Minister say that the Government are against cluster munitions, but I have before me a letter from the Minister dated 3 November 2016, in which he states:

“The UK maintains the view that cluster munitions are not prima facie illegal, and can be used in compliance with international law by States that are not party to the Convention…provided that they are used in a manner that is compatible with international humanitarian law, including distinction, proportionality and the obligation to take all feasible precautions.”

I am confused, because the Minister says that the Government are completely opposed to cluster munitions and yet in this letter he sets out a view that in some circumstances they are perfectly legitimate and acceptable to use.

John Bercow Portrait Mr Speaker
- Hansard - -

The answer to the right hon. Gentleman is twofold. If what he wants is personal reassurance, I suggest that his appropriate recourse is to sidle up to the junior Minister and ask to have a cup of tea with him. Secondly, if he is concerned for the benefit of the House as a whole and he wants something formally on the record—as a former Deputy Leader of the House, I doubt he particularly needs my advice, but I will proffer it—he should table a written question on this substantive point upon which he requires clarification, and I think he will probably find his salvation coming pretty soon.

Points of Order

Debate between John Bercow and Tom Brake
Thursday 8th December 2016

(7 years, 3 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I am grateful to the hon. Gentleman for that point of order, and of course I remember well the exchanges to which he refers as they took place only three days ago. My off-the-cuff response is twofold. First, the absence of comprehensive answers to questions posed, under Governments of a variety of complexions, is not without precedent. Secondly, it is difficult to know—and it is not for the Speaker to judge—at what point a Government have decided on a policy and decided to communicate it. However, it does seem a tad strange if something is not communicated in the House in response to a specific question but is then communicated to the media a very short time afterwards. As I have said, it is not for me to judge in each case, but I really do think that if Ministers wish to avert the potentially embarrassing scenario of another urgent question being tabled on the same matter, with the possibility of a Minister having to come to answer it a second time, it would be wise for them to factor that consideration into their calculations of how to conduct themselves.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
- Hansard - - - Excerpts

Further to that point of order, Mr Speaker.

John Bercow Portrait Mr Speaker
- Hansard - -

I think that that is the fairest way in which I can deal with this question, but the right hon. Gentleman was a co-applicant for the urgent question the other day, and his constituency is directly affected by this matter, so of course I will hear what he has to say.

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

Thank you, Mr Speaker. You will be aware that my constituents are suffering chaotic services on Southern rail at the moment, and they were seeking salvation in Transport for London taking responsibility for those services. Can you advise me whether there is any way in which I can secure a transport outcome for my constituents that is based on the best policy rather than on a political priority for the Government?

John Bercow Portrait Mr Speaker
- Hansard - -

Notwithstanding the right hon. Gentleman’s desire to invest me with great wisdom and powers in these matters, I am not sure that I am best placed to advise him on this. He is a former Deputy Leader of the House and he will be well aware of the upcoming debate on matters to be raised before the Adjournment, to which he may wish to contribute, although he might be perturbed by the absence of a responsible departmental Minister to give him a substantive reply. If he wants substantively to raise this issue and to obtain a reply, an Adjournment debate of his own might be his best salvation. I have a hunch that he will shortly be beetling across to the Table Office to make such an application, and he might find that his application is successful.

Point of Order

Debate between John Bercow and Tom Brake
Monday 14th November 2016

(7 years, 4 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Mr Speaker. It is customary in this place for Ministers to make announcements here, rather than in the press. Would you be able to comment on whether, if an announcement has been made in a different place—for example, in the media—you would expect Ministers to respond immediately, even if it was not an announcement made by a Minister? I have in mind the King’s Fund report, which today seems to suggest that my local hospital, St Helier, or at least some of its services, may be under threat of closure. Clearly, I think that is a matter of great import, which I would have thought Ministers would want to present themselves, at the earliest opportunity, to explain precisely what is going on.

John Bercow Portrait Mr Speaker
- Hansard - -

As a former Deputy Leader of the House, the right hon. Gentleman is a very ingenious Member, well-versed in the mechanisms available to him to register his constituents’ concerns. He has just used one of them. If I were to engage with his point directly, I would say only that Ministers must judge when it is proper to come to the House to make a statement. In fairness, I do not think it is incumbent upon a Minister to do so immediately after the publication of a report that might comment on, or even have implications for, Government policy. There are probably dozens or even hundreds of such reports produced within the course of a month. They do not necessarily require an immediate oral response, but some might do so and the right hon. Gentleman will use his powers of discernment to conclude, at least for himself, which merit a response and which do not.

Defence Estate

Debate between John Bercow and Tom Brake
Monday 7th November 2016

(7 years, 4 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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It has been solemnly pointed out to me that the question was some distance from the defence estate. Nevertheless, as I have had reason to observe previously, I am inclined, on the whole, to enjoy the creative licence of the right hon. Member for Surrey Heath (Michael Gove), provided of course that it is exercised within reasonable limits. He got away with it today.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
- Hansard - - - Excerpts

Can the Secretary of State assure me that this is not driven solely by the need to raise cash for the MOD and that the armed forces were actively consulted about alternative uses for the land that is being disposed of? Will he use every method of leverage possible to ensure that the homes that are built are affordable, both to buy and to rent? Will he acknowledge the concerns among service personnel about the future accommodation model and the potential impact on some service families?

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Thursday 3rd November 2016

(7 years, 4 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
- Hansard - -

Before I call the right hon. Member for Carshalton and Wallington (Tom Brake), I am moved to congratulate him on his achievement in winning the yellow jersey for his performance yesterday on the British Legion stationary bicycle. It was a remarkable athletic feat on his part.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
- Hansard - - - Excerpts

Thank you, Mr Speaker. It is nice to come first at something when you are a Liberal Democrat.

More seriously, on the subject of debating and voting on essential trade matters, is it not essential that the Government give way to the courts and allow Parliament to be sovereign and to debate and vote on the issue of article 50?

Greg Hands Portrait Greg Hands
- Hansard - - - Excerpts

I first join you, Mr Speaker, in congratulating the right hon. Gentleman on achieving the yellow jersey. I thought for a moment that it was an internal Liberal Democrat award, in which case winning out of eight was perhaps not the greatest of achievements, but I commend him on what he has done.

I have nothing to add to what the Secretary of State said earlier, but I will say that, in general, we are very committed to consulting Parliament on the future of trade agreements, which is the subject of the question on the Order Paper.

Points of Order

Debate between John Bercow and Tom Brake
Tuesday 18th October 2016

(7 years, 5 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I am grateful to the Chair of the Public Accounts Committee, both for her point of order and for her courtesy in providing me with advance notice of it. There is a clear expectation that Government Departments should co-operate fully with Select Committee inquiries, not least inquiries of the Committee of Public Accounts, and that they should furnish information in a timely fashion. That does not appear to have happened in this case. If for any reason there is a problem, the Department should communicate it promptly to the Committee so that it can, if it so wishes, adjust its schedule. I am sure that the hon. Lady’s concerns have been heard on the Treasury Bench and that they will be conveyed to the relevant Ministers. Meanwhile, she has made her point clearly, and she has done so on the record.

Quite how the hon. Lady and her Committee wish now to proceed in the light of the untimely provision of a vast tranche of information is, of course, for them to consider. Upon the whole, one would expect that a Committee would undertake its work without also considering Chamber devices for scrutiny of Ministers. The two, however, are not automatically and necessarily mutually exclusive, so if at some point the hon. Lady, a member of her Committee or any other Member wishes to probe a Minister in the Chamber on the substance of the issue or the reason for what appears to be an excessive delay, it is open to them to seek that route. I make no promise as to whether it would be successful, but it is open to Members.

The key point is that Committees hold the Government to account, and it is up to the Government to co-operate with the Committee, not only in accordance with the letter, if you will, but in accordance with the spirit.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. I seek your guidance on information provided to MPs in written answers regarding military matters. It is customary—and necessary, of course—not to provide information about some security matters to Members. No doubt that is why, in answer to a written question about whether the UK Government will display online the flight paths of Russian planes over Syria, I was told that that information could not be made available for security reasons. Could you advise me, Mr Speaker, whether I could challenge that ruling, given that such information is readily available in relation to commercial planes, that the Russians know that they are being monitored and, indeed, that they have to be, to avoid conflict in Syrian airspace?

John Bercow Portrait Mr Speaker
- Hansard - -

I had no advance notice of this and I know that the right hon. Gentleman is inclined to invest me with sagacity and powers that perhaps I do not possess. I am disinclined to respond substantively on the matter at this time, but my advice to the right hon. Gentleman, which I hope he will welcome, is that at this stage his best course is to write to the Secretary of State and seek either to elicit a written reply, which he can then study and evaluate, or alternatively to request a meeting to discuss the matter. If that route does not avail him, he can come back to Chamber, and I have a strong hunch that he will do so.

If there are no further points of order and the appetite has been satisfied, at least for now, we come to the ten-minute rule Bill.

Points of Order

Debate between John Bercow and Tom Brake
1st reading: House of Commons
Thursday 15th September 2016

(7 years, 6 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
- Hansard - -

I thank the hon. Gentleman. He has set the record straight, doing so pithily and the with the courtesy for which he is renowned in all parts of the House.

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

On a point of order, Mr Speaker. You may be aware that in July the person who is now the Secretary of State for Exiting the European Union said that on 9 September—last Friday—the Prime Minister would

“trigger a large round of global trade deals with all our most favoured trade partners.”

Bearing in mind that there was no statement on 9 September, do you think that such a statement should be facilitated, so that he could come to the House to set out what progress has been made on those trade deals—perhaps he could list the countries with which they have been initiated—and say whether he could deliver on the timescale that he had promised? He said that they would be completed within the next 12 to 24 months.

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Thursday 30th June 2016

(7 years, 9 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
- Hansard - -

It sounds very exciting.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
- Hansard - - - Excerpts

What assessment has the rail Minister made of the impact of the appalling Southern and Thameslink services and Network Rail’s infrastructure failures on the ability of tourists to get to key tourist destinations such as Beddington Park and Honeywood Museum in Carshalton?

Points of Order

Debate between John Bercow and Tom Brake
Monday 27th June 2016

(7 years, 9 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Mr Speaker. In this House, we fight passionately for the rights of British citizens, but leaving the EU impacts directly on EU citizens in the UK and UK citizens in the EU, whose rights, we have heard from the Prime Minister, are secure but only in the short term. Do you believe that the procedures of this House are fit for purpose when it comes to ensuring that the Government represent the interest and ensure the security of EU citizens in the UK and UK citizens in the EU effectively?

John Bercow Portrait Mr Speaker
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Forgive me, but I must say to the right hon. Gentleman that I do not think that there is a matter contained within that purported point of order that relates to the procedures of the House for the protection of the interests of European Union citizens. Notwithstanding the expression of unrivalled solemnity on the face of a former Deputy Leader of this House as he put that point of order to me, I am still struggling to come to terms with the notion that it is a point of order rather than a point of perfectly legitimate and understandable concern, frustration and anxiety. In so far as it is the latter, the right hon. Gentleman is a sufficiently experienced and accomplished parliamentarian to find several opportunities further to expand on his concerns in the days and weeks that lie ahead.

Voter Registration

Debate between John Bercow and Tom Brake
Wednesday 8th June 2016

(7 years, 9 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

John Bercow Portrait Mr Speaker
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I know that discussions will take place between the usual channels behind the scenes. Given the normal courtesy of the Leader of the House, I would certainly expect to be kept apprised of the situation as the afternoon and events unfold.

Points of Order

Debate between John Bercow and Tom Brake
Wednesday 8th June 2016

(7 years, 9 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I am at a disadvantage by comparison with the hon. Gentleman because I do not enjoy a precise recall of everything that the Prime Minister said at Prime Minister’s Questions earlier, although I rather imagine that the hon. Gentleman does have such a recall and may even be capable of reproducing the verbatim text of prime ministerial answers backwards. Anyone who gives incorrect information to the House is responsible for correcting it. If the Prime Minister judges that he made a mistake, which would naturally be inadvertent, the responsibility is no less great or absolute on him than it would be on any other Member. Knowing the hon. Gentleman as I do, I feel sure that he, too, will not let go of the bone until he receives satisfaction. I will leave it there. His point of order will have been heard on the Treasury Bench, and doubtless its contents will wing their way towards No. 10 Downing Street ere long.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Mr Speaker. I hope you will be able to help and advise me on how to achieve some consistency in the Government’s position on Saudi Arabia. On 24 May in topical questions, the Foreign Secretary said:

“There is no evidence yet that Saudi Arabia has used cluster munitions.”—[Official Report, 24 May 2016; Vol. 611, c. 395.]

In a written answer of 26 May, however, the Secretary of State for Defence said:

“The UK is aware that Saudi Arabia has used cluster munitions in the current conflict in Yemen.”

In a debate this morning, furthermore, the Minister for Europe said that the Government were seeking clarification about “allegations”. I hope you would agree, Mr Speaker, that this highlights some confusion at the heart of government, which must indeed cast doubt on the Government’s assurances that the Saudis have not broken international humanitarian law.

John Bercow Portrait Mr Speaker
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My response is twofold. First, I am not responsible for the consistency of Government statements. It is probably as well that the Chair has never been responsible for the said consistency under any Government of any complexion. Secondly, if the right hon. Gentleman feels that the statements to which he referred cause such confusion or uncertainty as to render an urgent clarification vital, he knows that there are devices available to him. I say this not to flatter him, but as a matter of fact. The right hon. Gentleman is a former Deputy Leader of the House, so he is well versed in the mechanisms available to him.

Points of Order

Debate between John Bercow and Tom Brake
Thursday 12th May 2016

(7 years, 10 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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Further to that point of order, Mr Speaker. You will be aware that I have been pursuing the issue of the Syrian quarterly statements for some months now in a dogged and possibly irritating fashion. I of course accept that the Government have made a number of statements on this matter—on the siege of Aleppo, the Russian intervention, the humanitarian conference—but they have rarely focused on the matter that I think the Prime Minister promised to report on, which is the RAF’s action against Daesh in Syria.

Like you, Mr Speaker, I was looking forward to finally getting a statement today, as the Leader of the House promised a week ago. I fail to understand why it is not on the Order Paper. I wonder whether there are other mechanisms that we could use, perhaps immediately after the Queen’s Speech, particularly if there have been any significant developments. For instance, would you permit an urgent question to be asked or any other parliamentary procedures to be used to enable the House to be briefed on this matter as soon as possible, as the Leader of the House promised a week ago?

John Bercow Portrait Mr Speaker
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I am very grateful to the right hon. Gentleman for what he has said. By the way, people periodically irritate other people, but Members hardly ever irritate me. I am always happy to hear Members, and I was very happy to hear his hon. Friend the Member for Westmorland and Lonsdale (Tim Farron) yesterday. In fact, so keen was I to hear the hon. Gentleman that I called him about 10 minutes into injury time. I am sure that the hon. Gentleman will not have any complaints. He is a robust character and can look after himself. In any case, he has a good sense of humour.

I do not think that I can offer the prospect of a statement next Wednesday. That will simply not be practical. I think that we have to balance the understandable disappointment on the part of many Members about the fact that there has not been a statement today with a degree of reasonableness about when such a statement can take place. I do not think that we will serve the House by interrupting the Queen’s Speech debate next Wednesday. I do not think there is a precedent for that, and it is not necessary.

However, I think the Government will be sensitive to the relative urgency of the matter. Certainly, if very disturbing news were to be included in that statement—I hope there would not be—that would, as it were, up the ante and emphasise that there is a premium on the delivery of such a statement at the earliest possible opportunity. I hope in future that, if commitments are made, they can be honoured, and then we will not have to have a re-run of this exchange. I note that the Leader of the House is now in the Chamber; he is welcome to respond to the point of order from the right hon. Gentleman if he wishes, but he is not under any obligation to do so.

Child Refugee Resettlement

Debate between John Bercow and Tom Brake
Tuesday 10th May 2016

(7 years, 10 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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How quickly does the Minister think that the authorities should be able to turn around a case involving a vulnerable child in the European Union who has links to the UK, so that they can be provided with sanctuary? Should they be granted five-year humanitarian protection when they arrive? We do not need placatory words from the Minister; we need a decisive action plan with a clear timetable. [Interruption.]

John Bercow Portrait Mr Speaker
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Order. There would be no discourtesy if the right hon. Member for Slough (Fiona Mactaggart) felt the need to leave the Chamber to put her device in order. She mentioned that she thought her phone was switched off, but in my experience, the right hon. Lady is never switched off.

Points of Order

Debate between John Bercow and Tom Brake
Wednesday 27th April 2016

(7 years, 11 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I am very grateful to the right hon. Gentleman for his point of order. It has been commented upon many a time and oft in recent years that I have sometimes judged it necessary and desirable somewhat to extend Prime Minister’s questions if I have felt that there has been excessive noise. I have done that because I have wanted Back-Bench Members to have their opportunity. However, there are limits. Even I would not seek to extend Question Time to absorb more than two and a half hours, notwithstanding the sedulous advocacy of the right hon. Gentleman and his obvious enthusiasm for my doing so.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Mr Speaker. I seek your help in finding a mechanism whereby the House might be able to force a binding vote on the Government, as a matter of urgency, following the new Lord Dubs amendment to the Immigration Bill. Vulnerable unaccompanied children require help now, but it would seem that the House of Commons is not likely to consider the Bill for another two weeks, the intention being, presumably, to avoid further embarrassment to the Government.

Let me also say, Mr Speaker, that I should like to avail myself of that prime ministerial correction procedure in order to enable the Prime Minister to retract his comment that other European countries are able to cope with those children. They have, of course, asked the United Kingdom to participate in a relocation scheme, and Frontex has identified the issue of vulnerable children as one of the most concerning aspects of the refugee crisis.

John Bercow Portrait Mr Speaker
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I am very grateful to the right hon. Gentleman for his point of order. He is, in a sense, performing a kind of double act today with the right hon. Member for Gordon (Alex Salmond), two seats to his left. What I would say to the right hon. Member for Carshalton and Wallington (Tom Brake), who is a very experienced denizen of the House, having previously served as its Deputy Leader, is twofold. First, as he knows, the scheduling of business is in the hands of the Government, notably in respect of Government business. Although his expectation, as things stand, as to when that matter will next be treated by the House may well be correct, it has not been announced.

Secondly, the scheduling will, in all probability, be announced at business questions tomorrow by the Leader of the House. If it is not, there will be an opportunity for that matter to be probed. I know I can say with complete confidence and with no fear of contradiction that just as the right hon. Gentleman is in his place now, so he will be at the appropriate time tomorrow, and I think there is more than a passing possibility that he will catch my eye.

Points of Order

Debate between John Bercow and Tom Brake
Wednesday 13th April 2016

(7 years, 11 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Mr Speaker. On 2 December, during the debate on Syria, the Prime Minister promised that there would be regular quarterly progress reports to this House on the military action against Daesh. The longest a quarter could last is 92 days, but it is now 133 days since that pledge was made. Have you had any indication from the Government as to whether they intend to make that quarterly progress report so that we can see what action is being taken and whether it is effective?

John Bercow Portrait Mr Speaker
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I am grateful to the right hon. Gentleman for his point of order and his courtesy in giving me advance notice of it. The question of how a Government fulfil a commitment to the House is principally a matter for Ministers. Having taken a keen interest in this matter, the right hon. Gentleman will know that a report was presented to the House by the Secretary of State for Foreign and Commonwealth Affairs in December, and that a second report, which I think was billed or tagged as a quarterly report, was provided by the Secretary of State for International Development on 8 February. If memory serves me correctly, it was an oral statement, and it may be that the right hon. Gentleman and some other Members were hoping for—or even expecting—a written report. That is, however, not a matter for the Chair.

To be fair, the Government have made a large number of statements to the House over the past few years—that is a matter not of speculation but of fact. The only point I would make gently is that since the Foreign Secretary had unavoidably to be absent from Foreign Office questions yesterday—that prompted a modicum of comment from his own side although he had done me the courtesy of notifying me beforehand—it might be thought a good idea for a subsequent report to be provided by him to the House. If there is an appetite for that report to be oral, I know that it will be delivered by the Foreign Secretary with great dexterity. It would also have the additional “advantage”—I say that in inverted commas because it is a matter for the House to decide—of pleasing a right hon. Gentleman from the Liberal Democrat Benches.

Points of Order

Debate between John Bercow and Tom Brake
Wednesday 2nd March 2016

(8 years ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Mr Speaker. You will recall that on 2 December last year, the Prime Minister came to the House and sought permission to extend into Syria the RAF airstrikes that were taking place in Iraq. In the motion, he undertook to provide quarterly progress reports to set out the impact of the strikes on Daesh’s finances, its fighters and its weapons. The basis on which the support of the House was given was that we would receive those regular updates, which would also tell us whether there had been any UK involvement in civilian casualties. A quarter has now elapsed since 2 December, and I seek your guidance as to whether the Prime Minister has sought to provide such a progress report to the House and, if not, what action I could take to ensure that he does.

John Bercow Portrait Mr Speaker
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A very brief, and I hope accurate, mental calculation suggests to me that there have been 101 days since the date to which the right hon. Gentleman refers. It is perfectly possible that the Government are contemplating such a statement, and if they are not doing so, it is possible that they might do so as soon as the news of his point of order wings its way towards the relevant departmental Minister, or even to the Prime Minister himself. If that transpires not to be the case, the right hon. Gentleman is a very experienced Member and a former Deputy Leader of the House and he will be well aware that he could pursue the matter at business questions, for example, or through the use, on other days beyond today, of the device that can help to secure a ministerial presence. Knowing him as I do, I know that he will utilise all the weapons at his disposal.

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Monday 29th February 2016

(8 years ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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With exemplary brevity—Tom Brake.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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In what level of military involvement do the Government believe the British military must engage in Libya before the Prime Minister will bring any decision regarding military intervention in that country to the House?

EU Referendum: Civil Service Guidance

Debate between John Bercow and Tom Brake
Monday 29th February 2016

(8 years ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

John Bercow Portrait Mr Speaker
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It is very decent of the Minister to dole out bowls full of respect, but my sense is that, on the whole, although that is enormously important to hon. and right hon. Members here assembled, they are generally more interested in his answers than in his respect.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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I previously asked whether the Prime Minister was going to throw his weight behind the in campaign, and I am very pleased that he has done so, because for the sake of our peace, prosperity, opportunity and security, we need to be in. As for what we are discussing now, I would like some clarity from the Minister. Is it the case that there is a list of Ministers who are in, a list of Ministers who are out and a list of Ministers who are undecided, and what happens if a Minister switches from the in to the out campaign or the out to the in campaign?

Matt Hancock Portrait Matthew Hancock
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First of all, Mr Speaker, I have respect for the right hon. Gentleman, and I also have respect for you—but perhaps I will drop all that. When the Cabinet met after the Prime Minister agreed the deal with other members of the European Union, Ministers at that point were asked to state their position—whether they wanted to remain or leave—and I doubt whether any of those positions will change.

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Wednesday 3rd February 2016

(8 years, 1 month ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Where is Mr Hendry? The fella has just asked a question and has beetled out of the Chamber. We are still having exchanges on that question. I know the hon. Gentleman is a new Member, but he must learn that a Member must not ask a question and then leave. There are continuing exchanges on the matter, and I am sure the hon. Gentleman is at least as interested in the opinions of others as he is in his own. It is quite extraordinary behaviour.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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May I press the Secretary of State to advocate a presumption of denial of arms exports to countries of concern as a UK innovation that could help to save lives around the world?

Child Refugees in Europe

Debate between John Bercow and Tom Brake
Monday 25th January 2016

(8 years, 2 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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I thank the seven colleagues from seven different political parties, including the Conservative party, who signed a joint letter to the Prime Minister on this subject. The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) also signed it. We obviously welcome the fact that the Government are still considering this issue, although we would like them to do so with a greater degree of urgency. If the Government are considering taking the 3,000 children, I hope that they will not suggest that that should happen over five years, because then some of those children would be at risk of freezing to death for the next four years or falling into the hands of traffickers.

Childcare Bill [Lords] (Programme) (No. 2)

Ordered,

That the Order of 25 November 2015 (Childcare Bill [Lords] (Programme)) be varied as follows:

(1) Paragraphs (4) and (5) of the Order shall be omitted.

(2) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion, at today’s sitting, one and a half hours after the commencement of proceedings on the motion for this order.

(3) Proceedings in Legislative Grand Committee and proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion, at today’s sitting, three hours after the commencement of proceedings on the motion for this order.—(Mr Gyimah.)

John Bercow Portrait Mr Speaker
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As I informed the House on 26 October, before a Report stage begins on a Bill I will seek to identify in advance those changes made in Committee which I would expect to certify, together with any Government amendments tabled for Report stage which, if passed, would be likely to lead me to issue a certificate. My provisional certificate, based on those changes, is available on the “Bills before Parliament” website and in the Vote Office. At the end of the Report stage on a Bill, I am required to consider the Bill, as amended on Report, for certification. As I informed the House on 26 October, I have accepted the advice of the Procedure Committee not, as a rule, to give reasons for decisions on certification during this experimental phase of the new regime. Anybody wishing to make representations to me prior to any decision should send them to the Clerk of Legislation.

Points of Order

Debate between John Bercow and Tom Brake
Wednesday 16th December 2015

(8 years, 3 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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A veritable feast of points of order.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Mr Speaker. I am starting to panic. You will recall that on 2 December the Prime Minister, in response to a question asked by my hon. Friend the Member for Westmorland and Lonsdale (Tim Farron), the leader of the Liberal Democrats, said:

“I am very happy to look at that issue again”—

the issue being the 3,000 unaccompanied children—

“to see whether Britain can do more to fulfil our moral responsibilities.”—[Official Report, 2 December 2015; Vol. 603, c. 339.]

The Prime Minister has been silent on the matter ever since. Can you, Mr Speaker, clarify whether the rules of the House require, when matters of moral responsibility are in play, the Prime Minister to return to this Chamber urgently to set out how he intends to fulfil those moral responsibilities?

John Bercow Portrait Mr Speaker
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The matter that the right hon. Gentleman raises is certainly important, but I am bound to tell him that it is treated of neither in “Erskine May”, which, of course, is the bible of parliamentary precedent and procedure, nor in Standing Orders. Therefore, although it may seem imperative in the mind of the right hon. Gentleman and, indeed, in that of his leader that the Prime Minister should return to the House to satisfy them on this matter before the Christmas recess, there is no procedural imperative to that effect.

John Bercow Portrait Mr Speaker
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The right hon. Gentleman mutters “Shame” from a sedentary position, and I feel sure that it is a matter to which he will return, quite possibly before the Christmas recess. We shall wait to see.

Business of the House

Debate between John Bercow and Tom Brake
Thursday 10th December 2015

(8 years, 3 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Order. We are short of time, so we need short questions and short answers, please.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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Will the Leader of the House ensure that it is made clear in this afternoon’s debate on the transatlantic trade and investment partnership that: first, TTIP does not present a threat to public services and, if it does, the Government will block it; and secondly, the Government will push for an investor-state dispute settlement to guarantee that Governments will not be sued as a result of policy changes and, if it does not include that, the Government will block it?

Spending Review and Autumn Statement

Debate between John Bercow and Tom Brake
Wednesday 25th November 2015

(8 years, 4 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Order. On present trends, if I were to call everybody, as I aspire to do, it would take another hour and a half. That is rather long, from which Members should deduce—whether they are Back Benchers or the esteemed Chancellor—that pithiness is the order of the day. We will be led in that mission by Mr Thomas Brake.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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I welcome the Chancellor’s decision to scrap tax credit cuts. Does he intend apologising to the people who were unnecessarily scared by his original plans, and does he intend disciplining his peers in the House of Lords who, had they supported the Liberal Democrat motion there, would have saved him from this embarrassing U-turn?

Points of Order

Debate between John Bercow and Tom Brake
Tuesday 24th November 2015

(8 years, 4 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I am grateful to the hon. Gentleman for that point of order. The question of whether a Minister comes to the House to make a statement voluntarily is a matter for the Minister. I was conscious of this matter, which was courteously drawn to my attention by the hon. Gentleman. My understanding is that the Government have just received the report and have not yet penned a response. I had a sense that the House would benefit from an exchange on the matter at the point at which the Government had determined a response, but these matters, as the hon. Gentleman knows, are kept under review. It would be perfectly open to a Minister to come to the House before Education questions or, if not, to do so pretty soon. I dare say the hon. Gentleman has his back channels by which he keeps in touch with the Government’s thinking on this, and I feel sure that it will not be long before a very thorough exploration of the issues takes place on the Floor of the House.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Mr Speaker. Do you have it in your power to extend Foreign and Commonwealth Office questions? I know that a number of Members here would like to have raised an attack in Jhelum in Pakistan against the Ahmadi Muslim community, and to have heard from Ministers that they would call in the high commissioner for Pakistan to challenge him and to say to him that attacking people on the basis of faith is not acceptable.

John Bercow Portrait Mr Speaker
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I am extremely grateful to the right hon. Gentleman for his point of order. He speaks with all the moral force of a former Deputy Leader of the House, no less. I note his inquiry in relation to my powers. The short answer is that I do not have the power to extend Foreign Office questions or any other Question Time session—[Interruption]—although I sometimes find myself doing so anyway, as those on the Treasury Bench were quick to point out, more or less good-naturedly. The truth of the matter is that we often overrun a bit because I want to hear Back Benchers. The right hon. Gentleman has very cheekily and inappropriately, but I think on this occasion forgivably, made his point in his own way, even though he did not really have a right to do so.

Points of Order

Debate between John Bercow and Tom Brake
Monday 9th November 2015

(8 years, 4 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I thank the hon. Lady for her point of order and, indeed, for her courtesy in giving me advance notice of it. I mentioned a moment ago that I thought it was important that our proceedings and procedures should be intelligible. It might therefore be helpful if I explain what I think is the context of and the background to the inquiry by the hon. Lady—reports in the media about work that is being done by Professor Sarah Childs on steps that can be taken to make our Parliament a more gender-sensitive Parliament.

It is absolutely true that such work is being done. There are various dimensions to the work, and one part of it is looking at toilet facilities. If memory serves me correctly, that is the only reference to the issue in terms of sensitivity—nothing beyond that—but the scope is there for Professor Childs, supported by others, to look across the piece and come to a view as to what would be good for the House as a whole. I think it is right that we do not jump the gun, but let her do that work in the very studious and serious-minded way that somebody of her intelligence and background would do. I think she will be alerted to the very proper point of order that the hon. Lady has raised.

May I say to the hon. Lady that if she would like either to contact Professor Childs herself or to write to the House of Commons Commission or the Administration Committee, the very important point she has made will be taken fully on board? I do not want to get into the situation at this stage of prioritising this over that; let us look at it all, including her important point.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Mr Speaker. We learned today from the Chancellor that four Departments have agreed to swingeing cuts of 30% to their budgets—information that was released, no doubt, as part of his campaign to get the Secretary of State for Work and Pensions to agree to cut his budget substantially. Is that not information that you would expect to hear first in this place?

John Bercow Portrait Mr Speaker
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When the autumn statement is delivered, the right hon. Gentleman and the House will receive what I suspect might be called an holistic view of the Government’s thinking and plans. As a matter of course, it would be better if specific details of individual agreements were first communicated to the House. It may well be that, because of the number of people involved in the discussions, things have filtered into the public domain in a way slightly less orderly than the right hon. Gentleman would favour. On the Richter scale of discourtesies to the House, this ranks pretty low, but I thank him nevertheless for drawing our attention to it.

Points of Order

Debate between John Bercow and Tom Brake
Thursday 5th November 2015

(8 years, 4 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I thank the hon. Lady for that point of order. It is a well-established principle in this House that ministerial answers to questions should be both timely and substantive. In reference to the latter point, colleagues will appreciate that what I am stressing is that a reply that simply says, “I hope to respond shortly” is not regarded by most Members as in any way helpful and that to comply with the spirit of the obligation upon Ministers to reply to answers it is important that those answers should be substantive.

As the hon. Lady will fully appreciate, the Chair has no responsibility for the content of answers. Every Member is responsible for the veracity or otherwise of what she or he says in this House. Ministers are certainly responsible for the content of their answers. My advice to the hon. Lady is that if she is dissatisfied with the answers, because she thinks either that they are uninformative or incorrect, she should table further probing and specific questions, based on those answers she has received, seeking to track down the precise particulars that she wants to establish. If that is unsuccessful, there is always the recourse of oral questions to the relevant Secretary of State and the opportunity to apply for Adjournment debates. I have not noticed, over the past 10 years, the hon. Lady displaying a noticeable reluctance to explore those avenues.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Mr Speaker. There was great interest earlier in the urgent question debate on the subject of human rights in Egypt. We know that the Prime Minister is meeting President Sisi today. Would it be a breach of the rules of this House if perhaps on Monday—certainly at the earliest opportunity—the Prime Minister did not just come to the House, but set out, either by way of an oral statement or a written statement, precisely the content of those discussions, specifically in relation to human rights in Egypt?

John Bercow Portrait Mr Speaker
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If I understood the terminology and construction of the right hon. Gentleman’s inquiry correctly, there would be nothing disorderly in the Prime Minister providing such information to the House. The matter of whether to make any such statement is a judgment for the Prime Minister, as is the judgment over what form that statement should take. Knowing the right hon. Gentleman’s experience in the House and the senior office of a parliamentary kind that he has held as a former Deputy Leader of the House, I think that he will expect that his words will at least have been noted. If he is dissatisfied with the response, he will pursue it with the Prime Minister. We will leave it there for now, and I thank all those who have taken part in the exchanges thus far.

Points of Order

Debate between John Bercow and Tom Brake
Tuesday 3rd November 2015

(8 years, 4 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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The short answer to that is no. I am grateful to the hon. Gentleman for his point of order. He is correct to say that it falls to me to send to Strasbourg the list of those appointed to the Parliamentary Assembly UK delegation, together with important accompanying documentation. Rule 6 of the Assembly requires those credentials to be transmitted, if possible, at least a week before the opening of the session. I will of course consider the point that the hon. Gentleman has raised. Indeed, as he has already made it, I have essentially done so. That said, let me be clear that I interpret my duty as being to forward the names, not to offer a critique of them.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Mr Speaker. It has been drawn to my attention that Steve O’Connell, the London Assembly member for Croydon and Sutton, has been sending emails to my constituents in which he states that the hon. Member for Sutton and Cheam (Paul Scully), who is in his place, is happy to take up cases to do with rail services on behalf of my constituents. I seek your guidance on this, Mr Speaker. I will give the hon. Gentleman the benefit of the doubt on this, as he is a new Member and I want to have a good working relationship with him, but could you remind me whether there is a convention relating to these matters, of which it might be useful to remind the House?

John Bercow Portrait Mr Speaker
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I apologise to the right hon. Gentleman if I did not hear him correctly, but I assume, given that he is an experienced Member of the House, that he notified the hon. Member for Sutton and Cheam (Paul Scully) of his intention to raise this point of order.

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

Yes, I did.

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Thursday 22nd October 2015

(8 years, 5 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake
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I thank the hon. Gentleman for that suggestion. I am happy to take it away and see whether there is any mileage in it.

John Bercow Portrait Mr Speaker
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I call Mr Stephen Phillips. He is not here. Extraordinary.

Business of the House

Debate between John Bercow and Tom Brake
Thursday 22nd October 2015

(8 years, 5 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Order. As always, I am keen, if possible, to accommodate all colleagues, but the pressure on time is very real. The House will not be surprised to learn that the subsequent debate is very heavily subscribed, the consequence of which is that there is now a premium on brevity from Back Benchers and Front Benchers alike. We can be led in our important mission of brevity by Mr Thomas Brake.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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Will the Leader of the House make time available for a full debate on the future of St Helier hospital, which I know he would welcome? In response to a question I put to the Chancellor, he said the Government will support the project. Subsequently, I received a letter from the Secretary of State for Health who said that he will not.

The Economy

Debate between John Bercow and Tom Brake
Thursday 4th June 2015

(8 years, 9 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake
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Hold on. “But”, we are told,

“a spokesman for the Judicial Office at the Royal Courts of Justice, which issues statements on behalf of senior judges, said the pet had ‘had nothing to do with’ the judgement allowing the man to stay.”

So, unfortunately, it was just that: a story about the Human Rights Act—a story which just happened not to be true. If there are other aspects of the Act that the Government want to get rid of, such as the right to life or the right to privacy, I think we are entitled to know that, but at present there is no real clarity about the nature of their concerns.

I am sorry that the right hon. and learned Member for Rushcliffe (Mr Clarke) is no longer in the Chamber. I do not agree with him that it makes no difference how much a party spends on its campaign, particularly if there are ways of spending that get around the constituency spending limits, but I do agree with what he said about the European convention:

“I personally think it is unthinkable to leave the European convention on human rights…It is the way we uphold the values we strive for which are the rule of law, individual liberty, justice for all, regardless of gender. The convention is the bedrock of that.”

I also agree with the right hon. and learned Member for Beaconsfield (Mr Grieve) that the European Court of Human Rights is,

“on a daily basis, producing decisions of great importance in improving human rights in Europe which are inevitably ignored here because they tend to concern countries in eastern Europe”.

I agree with those respected Conservative politicians that scrapping the Human Rights Act and leaving the convention would be a disaster for the United Kingdom’s credibility. It would send countries such as Belarus and Russia the message that it is possible to take or leave, or pick and choose, human rights as if they were favourite dishes on a Chinese restaurant menu.

Let me now say something about the snoopers charter, which clearly has business implications. Start-up businesses would be required to collect and store data in a way that would not be in their interests. As we know, David Anderson has been examining the current surveillance and intercept laws. He handed a report to the Prime Minister on 6 May. I wonder whether the Government had time to take it into account when they presented their proposals for an investigatory powers Bill. We need to see what is in that Bill, and we also need an explanation of why the United Kingdom Government are proceeding with proposals that the Americans have just rejected. The Americans have no mandatory communications data retention requirement for communication service providers, and I think we need to know why this country has such a requirement. Do the Government believe that the Americans are putting the lives of their civilians at risk?

I fear that the new report by Sir Nigel Sheinwald may well not be released, but I urge the Government to make a copy available to the public, even if it has to be redacted. It is quite possible that the report will show that there is no need for a snoopers charter, and that an international treaty could be used instead, allowing countries to agree to release data if required to do so by the security services.

Finally, let me touch briefly on the issue of the right to buy. During the general election campaign, there was clear agreement that we needed to build more homes, but I am afraid that the Government’s proposals are very unlikely to achieve that. When asked about the right to buy, the Mayor of London said that it was

“obviously one of the issues…that it would be potentially extremely costly to this body”,

meaning the Greater London Assembly. He added:

“We would have to make up the difference. Housing associations are private bodies, as we all know. It would involve massive subsidies.”

However, in a tweet—I think that he was tweeting as the hon. Member for Uxbridge and South Ruislip rather than as Mayor—he said that the right to buy was a very good policy, and that the Conservatives’ proposals were

“a good way of ensuring it is funded.”

We need some clarity, but I suppose that those with two jobs often have to contradict themselves, and that is obviously what the Mayor has had to do.

Time does not allow me to touch on other matters, such as the Liberal Democrats’ free childcare and tax threshold. I should love to have an opportunity to discuss them on another occasion.

John Bercow Portrait Mr Speaker
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I call Chris White.

Intelligence and Security Committee

Debate between John Bercow and Tom Brake
Monday 16th March 2015

(9 years ago)

Commons Chamber
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Tom Brake Portrait Tom Brake
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I welcome the Opposition spokesman’s support for the motion and join him in congratulating the right hon. Member for New Forest East (Dr Lewis) for his sterling contribution on the ISC. I know that his expertise and commitment to these matters will be missed.

Question put and agreed to.

John Bercow Portrait Mr Speaker
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In thanking the right hon. Member for New Forest East (Dr Lewis) for his comments, let me congratulate the right hon. Member for Broadland (Mr Simpson) on his appointment to the Committee. We look forward to his contribution based on the experience and wisdom in these matters that he possesses.

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Thursday 22nd January 2015

(9 years, 2 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake
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I am sure that the hon. Lady will be aware that the outcome of Back-Bench debates is not binding on the Government. However, the Government have taken account of many Back-Bench debates. For instance, policy has changed on the issue of VAT on fuel for air ambulances, and on cheaper petrol and diesel following a motion tabled by my hon. Friend the Member for Harlow (Robert Halfon). Of course, there was also the successful campaign on the release of documents relating to Hillsborough.

John Bercow Portrait Mr Speaker
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I call Huw Irranca-Davies. Not here.

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Thursday 23rd October 2014

(9 years, 5 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake
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The Government intend to set up a petitions committee, whose purpose will be to allow a greater airing of petitions and to give advice to people seeking to table petitions. The committee will be able to consider petitions of any size, so the threshold will be completely flexible.



Royal assent

John Bercow Portrait Mr Speaker
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I have to notify the House, in accordance with the Royal Assent Act 1967, that Her Majesty has signified her Royal Assent to the following Measure:

Bishops and Priests (Consecration and Ordination of Women) Measure 2014.

Deregulation Bill

Debate between John Bercow and Tom Brake
Monday 23rd June 2014

(9 years, 9 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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With this it will be convenient to discuss Government new clause 25—Civil penalties for parking contraventions: enforcement.

Amendment 61, page 7, line 22, leave out clause 10, clause 11 and clause 12.

Government amendment 13.

Amendment 1, page 26, line 4, clause 35, leave out paragraphs (a) and (b) and insert “in paragraph (a) leave out from “if new and important evidence” to “discovered” and insert

“where secondary investigations have enabled more new, significant, or important evidence to become available, having particular regard to—

(i) enhancing and preserving the rights of those affected by a maritime accident to learn from the proceedings of such reinvestigations and conclusions drawn from them; and

(ii) future safety issues and measures.”.”

Government amendments 36 to 49, 51, 24 and 26.

Tom Brake Portrait Tom Brake
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This group of amendments covers accident investigation, parking contravention, driving, and private hire vehicle licensing.

New clause 4 and amendment 24 deal with rail accidents and, specifically, tram investigations in Scotland. They will remove a prohibition in the Railways and Transport Safety Act 2003 that prevents the Rail Accident Investigation Branch from investigating tram accidents in Scotland. The prohibition was originally included at the explicit request of the Scottish Executive because operation and safety matters on tramways are a devolved matter. Until now, this has not been an issue as there were no tramways in Scotland, and in practice the power would never have been exercised. However, now that the Edinburgh tramway has entered public service, the prohibition is no longer appropriate. This is a devolved matter, so the consent of the Scottish Parliament is needed. Scottish Ministers will support the legislative consent motion required to remove the prohibition.

The RAIB is already a UK-wide organisation. Its inspectors investigate accidents and incidents on all mainline services, including in Scotland, and currently undertake investigations of tramway accidents in England and Wales. RAIB inspectors already have the required investigative expertise and the necessary powers to conduct a thorough investigation and make recommendations to ensure that lessons are learned. Should there be an accident or incident on the Edinburgh tramway, it is therefore appropriate that RAIB inspectors should be able to undertake an investigation.

If the prohibition on undertaking investigations of tramway accidents or incidents in Scotland were not removed, RAIB inspectors would have no statutory power to investigate, so the safety implications of any accident or incident might not be fully exposed, and there might be repeat incidents if the root causes are not addressed. Although the new clause is only small, the implications for the continued safety of our rail network of perpetuating the prohibition are significant.

The RAIB has already shown its considerable value in contributing to our having one of the safest rail networks in the world. I of course hope that it will never be necessary for RAIB inspectors to be deployed, but we must not be complacent. This is an opportunity to remove a small legislative anomaly, enabling RAIB inspectors to apply their considerable experience and expertise consistently across the whole of the United Kingdom.

Deregulation Bill

Debate between John Bercow and Tom Brake
Wednesday 14th May 2014

(9 years, 10 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I am extremely grateful to the hon. Gentleman for what he has said and the speed with which he has come to the House to say it. I think the House will acknowledge that. We will leave it there.

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

It was perhaps remiss of me not to say how much I have enjoyed resuming our jousts across the Chamber on the Bill. I remind the House that the Bill will save businesses £300 million over 10 years, and that it will save the public sector £30 million. The Opposition say that it amounts to nothing, so in practice they are saying that £300 million of savings are not worth having. In our view, they are worth having.

I am glad that the hon. Member for Newcastle upon Tyne Central (Chi Onwurah) has welcomed apprenticeships and the growth in their number. That is something on which we can all agree.

On to the issue of data sharing and the use of data, the hon. Lady underlined how, under the new Labour party proposals, citizens will be in control of their data. That is of course an interesting departure from what Labour Members did in government. With such things as identity cards, the retention of innocent peoples’ DNA, the massive database they wanted to create and indeed CCTV, they did the complete opposite of giving citizens control over their data.

The hon. Lady suggested that new clause 1 is a last-minute amendment, but of course it is not. It was flagged up in Committee, where we discussed the need for HMRC to share taxpayer information with the Department for Business, Innovation and Skills and others. I am therefore surprised that she was surprised.

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Thursday 8th May 2014

(9 years, 10 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake
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I can reassure the hon. Gentleman that I am certain that all Departments will do everything they can to ensure that questions are responded to before Prorogation.

John Bercow Portrait Mr Speaker
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I call Priti Patel. Not here.

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Thursday 20th March 2014

(10 years ago)

Commons Chamber
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Tom Brake Portrait The Deputy Leader of the House of Commons (Tom Brake)
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All will be well—[Interruption.] There are so many questions. [Interruption.] Inspiration is to hand; I thank the Leader of the House. It illustrates just how well we work together.

It is usual practice for the Government to make amendments, where possible, in the House of introduction. However, the Government are rightly expected to listen and respond to debates on Bills in both Houses of Parliament, and it is, of course, the core strength of our Parliament that any amendments made to Bills in the House of Lords must also be agreed by this House.

John Bercow Portrait Mr Speaker
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I call Nic Dakin—sorry, I mean Debbie Abrahams. We remember his pearls of wisdom.

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Tom Brake Portrait Tom Brake
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I do not know, frankly, what the hon. Lady is referring to. This Government have put great emphasis on ensuring that Bills are effectively drafted. For example, we support the good law initiative, which ensures that Bills are clearer. We have done a considerable amount on explanatory notes to ensure that Members have a better understanding of Government amendments. I would appreciate it if the Opposition joined in that process, for example on the Deregulation Bill, to ensure that there is clarity on what their amendments are suggesting.

John Bercow Portrait Mr Speaker
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The exchanges are very protracted at the moment. I want to get through some more.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Debate between John Bercow and Tom Brake
Wednesday 22nd January 2014

(10 years, 2 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I thank the hon. Gentleman for his point, but my initial suspicion was nevertheless valid. It was a point of great interest and it is on the record, but it was not a point of order. Never mind—he has made it.

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

I need to make some progress, as we do not have much time for the debate.

We should streamline public services, not impose additional burdens on them. We should provide the public with relevant and useful information, not overwhelm them with huge volumes of unhelpful and extraneous data. The House accepted these arguments in our debates on part 1, and did not seek to extend the scope of the measure in the manner proposed by hon. Members. We should respond to the Lords amendments constructively by proposing an amendment in lieu in respect of the proposed extension to capture special advisers, but we should not seek further to extend the scope in a manner that the Lords have specifically rejected.

Briefly, Lords amendments 2 and 3 deal with recipients of communications. They are minor amendments and improve drafting to clarify and provide greater consistency in the terminology used in relation both to the recipients of the lobbying communications and to the communications themselves. Lords amendment 4 is a minor amendment that clarifies the fact that the term, “Minister of the Crown” does not, in the context of the Bill, capture the two bodies of persons, the Defence Council and the Board of Trade. As clause 2 makes clear, the communications that the register is intended to capture are those that are

“made personally to a Minister of the Crown or permanent secretary”.

The definition in the Ministers of the Crown Act 1975 includes the Defence Council and the Board of Trade. Both those entities, however, are bodies of persons with which it is not possible to make personal communications. As such, the Lords amendments remove those bodies from the definition, and in doing so provide further clarity regarding the communications that fall within the scope of consultant lobbying.

Lords amendments 5, 6 and 7 deal with the code of conduct. In Committee in both Houses, the Opposition tabled amendments that required lobbyists to sign up to a statutory code of conduct and face sanctions for any breaches. As we exposed during the debates in both Houses, the Opposition’s amendments were based on a miscomprehension of the role of codes, both statutory and voluntary, in the regulation of lobbying. While the Opposition suggested that such codes are in existence and operate successfully in other jurisdictions, we have not been able to identify any international precedent for the type of code that has been proposed. Furthermore, the Opposition could propose just one provision for inclusion in that code: a prohibition on inappropriate financial relationships between lobbyists and parliamentarians, which is unnecessary, given the fact that there are parliamentary codes, as well as laws, on bribery and corruption. Once the shortcomings of the Opposition’s amendments were demonstrated, both Houses were able confidently to reject them.

My Lords—not my Lords—the objective of the part 1 provisions is to enhance transparency.

John Bercow Portrait Mr Speaker
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The Deputy Leader of the House knows something that we do not.

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

Thank you, Mr Speaker. I do not anticipate a sudden transformation of the House into the other place.

The objective of the part 1 provisions is to enhance transparency and scrutiny. We are not seeking to regulate behaviour. During the debates, however, the Government heard calls from both Houses on the importance of ensuring that the statutory register complemented the existing self-regulatory regime. That reiterated the message of inquiries by the Political and Constitutional Reform Committee. The self-regulatory regime is the mechanism by which the industry promotes the ethical behaviour that is essential to the integrity and reputation of the lobbying industry. We are grateful to Members in both Houses for their thoughtful suggestions as to how we can best ensure that the register complements the regime and, after careful consideration and discussion with the industry and transparency groups, we have concluded that the most effective option is to provide for a statutory link between the statutory register and the industry-hosted voluntary codes of conduct.

Business of the House

Debate between John Bercow and Tom Brake
Thursday 24th October 2013

(10 years, 5 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake
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I am aware of the hon. Gentleman’s Bill and his concern about foreign nationals who commit crimes. We will listen to the debate on his Bill, but I cannot reassure him today from the Dispatch Box that the Government will support it.

John Bercow Portrait Mr Speaker
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I call finally Mr Christopher Pincher.

Business of the House

Debate between John Bercow and Tom Brake
Thursday 17th October 2013

(10 years, 5 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake
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The issue my hon. Friend raises is quite complex and I have a significantly complex reply that I could give him, but in the circumstances I think it would be better for me to ensure that he is written to. He might also want to raise the matter in Business, Innovation and Skills questions next week, if that is appropriate.

John Bercow Portrait Mr Speaker
- Hansard - -

That is immensely considerate of the Deputy Leader of the House and we thank him for that.

Speaker’s Statement

Debate between John Bercow and Tom Brake
Wednesday 16th October 2013

(10 years, 5 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Before we proceed to the next Opposition day debate, I am now in a position to announce the result of the election of a Deputy Speaker, following the ballot held today.

Five hundred and fifty-one votes were cast, with no spoilt ballot papers. The counting went to six stages. Five hundred and thirteen valid votes were cast in that round, excluding those ballot papers whose preferences had been exhausted. The quota to be reached was therefore 257 votes. The person elected First Deputy Chairman of Ways and Means with 273 votes is Mrs Eleanor Laing. The other candidate in that round was Mr Brian Binley, who received 240 votes.

Eleanor Laing will take up her post immediately. I congratulate the hon. Lady warmly and I may say on behalf of my colleagues and myself that we all greatly look forward to working with her. In the process I should like, on behalf, I am sure, of the whole House, to thank all the candidates for participating in this election and for a contest which showed the House at its best.

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John Bercow Portrait Mr Speaker
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I appreciate the hon. Lady’s typically gracious words. What she said by way of tribute to the staff of the House, who are always exemplary in professionalism, discretion and efficiency, will have been noted, in particular.

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

Further to that point of order, Mr Speaker. I hope that it is in order to congratulate the hon. Member for Epping Forest (Mrs Laing) on behalf of the Government on her election as Deputy Speaker. I wish her every success in that post.

Angela Smith Portrait Angela Smith (Penistone and Stocksbridge) (Lab)
- Hansard - - - Excerpts

Further to that point of order, Mr Speaker. I would like to echo the comments of the Deputy Leader of the House. The hon. Member for Epping Forest has a strong record in political and constitutional reform and will make a very good Deputy Speaker.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Debate between John Bercow and Tom Brake
Wednesday 9th October 2013

(10 years, 5 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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The hon. Gentleman has made his point, to which there is no requirement for a reply. The Deputy Leader of the House may continue with his advocacy.

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

I have noted the hon. Gentleman’s point. The Opposition spokesman said that he would support amendment 101. Personally, I think that it should be put into room 101.

The hon. Member for Stevenage (Stephen McPartland) supported what the Government are doing, which I welcome. He said that he would not support the loss of freedom of speech and nor would I or anybody else on the Front Bench. This is a good opportunity to remind people that this Government have got rid of ID cards, stopped the retention of the DNA of innocent people, got rid of internal exile and reduced the pre-charge detention period from 28 to 14 days. We will take no lectures on civil liberties from the Opposition.

The Chairman of the Political and Constitutional Reform Committee explained the he is the trustee of a charity. I congratulate him on that. He said that he would advise his charity not to campaign on policy issues. I hope that that is not the case. We are talking about the PPERA legislation from 2005 and 2010. I assume that he did not advise his charity not to campaign on policy issues in 2005 and 2010, so I hope that he will not give it that advice now.

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John Bercow Portrait Mr Speaker
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Order. Before the Deputy Leader of the House responds, I ought to emphasise what should be apparent to everybody—namely, that we are operating under very tight time constraints. There are amendments tabled by the hon. Member for Perth and North Perthshire (Pete Wishart) about which he might wish, perfectly reasonably, to speak and others also wish to contribute. A degree of self-discipline is now imperative.

Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

Thank you, Mr Speaker, for that guidance. The answer to the hon. Member for Foyle (Mark Durkan) is that the provision is about transparency and making people aware of a wider range of organisations that are campaigning in constituencies up and down the country in support of a party or candidate.

Once a third party has registered with the Electoral Commission it may then only incur controlled expenditure to a maximum spending limit, which is currently set at approximately 5% of the potential party spend. That amounts to just under £1 million—£988,000—across the UK. Evidence from recent elections shows that the third-party spending limit for UK parliamentary elections, which applies separately for each of England, Scotland, Wales and Northern Ireland, is so high that third parties are effectively unrestricted in their level of spending. That renders the limit ineffective as a spending control.

As Members will be aware, clause 27 lowers the spending limits for the purposes of UK parliamentary elections to 2% of the maximum campaign expenditure limit that applies to political parties campaigning in UK parliamentary elections. That is equivalent to £319,800 in England, £35,400 in Scotland, £24,000 in Wales and £10,800 in Northern Ireland. The Bill lowers the thresholds to increase transparency by identifying third parties that campaign in the political process, and I should have thought that Opposition Members would support that. Amendment 59 would amend clause 27 so that it no longer does that.

It is right to distinguish which organisations incur expenditure campaigning at elections and to ensure their funds are fully accounted for, but we recognise that there is a balance to be struck between transparency and placing regulatory requirements on third parties. We also need to take account of the spending limit in constituencies, to which I shall come shortly.

Amendment 60 proposes that until the Electoral Commission has undertaken an assessment of the impact of clause 27 on both political parties and third parties, and until that report is laid before Parliament, the provisions of clause 27 may not come into effect. A few hours ago, we had a lengthy debate on the impact assessments that the Government has carried out and that we would expect the Electoral Commission, as part of its normal duties, to conduct after the legislation is implemented and elections have taken place.

At the last general election, the largest 10% of third parties spent more than the remaining 90% put together. We are seeking a level playing field for the different third parties that might oppose each other in the course of an election campaign. It is worth noting that only two organisations spent more than the new lowered limits proposed in the Bill—Unison and Vote for a Change. That demonstrates that the spending limit is so high as to be ineffectual in creating the level playing field that spending limits seek to provide.

Clause 28 sets the constituency limits and the Government have been put on the spot and asked why we want to reduce the national spending cap. Third parties must comply with particular spending limits according to whether they are campaigning in England, Scotland, Wales or Northern Ireland. Under the provisions of the Bill, they may spend up to an aggregate £390,000 campaigning in a UK parliamentary election, a figure that we think allows third parties to campaign vigorously nationally but that also provides a greater degree of control over spending to ensure that big money does not seek to play a part in influencing the outcome of elections, particularly in a limited number of constituencies, distorting the electoral process. A third party could, however, choose to direct the entire national spending limit at only a small part of the UK. Again it is not clear whether the Opposition are comfortable with the current situation, where that is possible, or whether they would like to see change. Our view is that we do not want disproportionately large amounts of money to be focused on a limited number of seats. In other circumstances, that is the argument that the Opposition would put to us today if we were not taking the action that we are taking.

Clause 28 therefore introduces an entirely new provision whereby third parties will be permitted to spend only up to a certain proportion of their controlled expenditure in individual constituencies. Subsection (6) limits this per constituency spending to 0.05% of the maximum campaign expenditure limits applied to political parties, which amounts to £9,750. This limit applies for the duration of the regulated period for a UK parliamentary general election.

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Tom Brake Portrait Tom Brake
- Hansard - - - Excerpts

I would have hoped that the hon. Gentleman would agree that election campaigns were about political parties fighting together to secure the election of one of the candidates, and that if, for instance, an industrialist who was very pro-fracking decided that he or she wanted to unseat a parliamentary candidate who was anti-fracking and was prepared to spend just under £1 million under the current legislation in unseating that candidate, the hon. Gentleman would not support that. We certainly do not want to allow that to happen.

Further, also under subsection (6)—

John Bercow Portrait Mr Speaker
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Order. I say very gently to the Deputy Leader of the House, to whose contribution I am listening with my usual interest and respect, that I know that he will want the hon. Member for Penistone and Stocksbridge (Angela Smith) to be able to speak from the Opposition Front Bench, as well as the hon. Member for Perth and North Perthshire (Pete Wishart). I therefore confidently anticipate that the right hon. Gentleman is approaching the conclusion of his oration.

Tom Brake Portrait Tom Brake
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Indeed, I will do so.

Under subsection (6), only a proportion of the expenditure—£5,850—may be incurred during the period between the dissolution of Parliament and the date of poll. Third parties campaigning for or against a particular candidate or candidates already need to think carefully about their spending to ensure that they stay on the right side of the separate, existing rules on candidate expenditure in the Representation of the People Act 1983. Third parties clearly campaigning for or against a particular candidate or candidates may spend only up £500 doing so. Besides raising this amount to £800 through clause 34, the Bill does not otherwise affect those provisions.

There are many other amendments that I would have liked to have an opportunity to discuss today, but the Government can support none of the amendments in this group. I hope therefore that Members will seek to withdraw them.

John Bercow Portrait Mr Speaker
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I thank the Deputy Leader of the House for being so co-operative.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Debate between John Bercow and Tom Brake
Tuesday 3rd September 2013

(10 years, 6 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake
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As the hon. Gentleman will know—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. The right hon. Gentleman must be heard; let us hear him.

Tom Brake Portrait Tom Brake
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As the hon. Gentleman will know, the MPs’ code of conduct covers some of the misdemeanours to which he refers. What we are doing in relation to lobbying is specifically about third party lobbyists.

In conclusion, I reiterate that the Bill is about transparency, openness and fairness. I wanted to spend the limited time available allaying unfounded fears and addressing some of the myths that have been brandished across this Chamber in the past few hours. I wanted to be clear about what this Bill is intended to do and why the Government are doing it. It is not an attack on freedoms and democracy. The very opposite is true, and I commend the Bill to the House.

Question put, That the amendment be made.

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Thursday 27th June 2013

(10 years, 9 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake
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I thank my hon. Friend for that question. As I have stated, more effective use could be made of estimates day debates. We have a range of Select Committees that look at financial matters. I think most people would agree that they are effective in doing that.

John Bercow Portrait Mr Speaker
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Mr Simon Hughes. Not here.

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Thursday 25th April 2013

(10 years, 11 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake
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I thank my hon. Friend for that question. I know that she has pursued this matter vigorously in recent months. Clearly, the McKay commission has produced a serious report. It continues a menu of options and the Government will want to consider the recommendations very carefully before coming to any firm conclusions.

John Bercow Portrait Mr Speaker
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Time is against us, but I am determined to find time for the hon. Member for Harlow (Robert Halfon).

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Thursday 29th November 2012

(11 years, 4 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake
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I agree that Select Committees could play an important role in scrutinising many more of the matters that come out of Europe. I am pleased that the Minister for Europe has been consulting widely, and I am sure that he will present some very sensible proposals for the enhancement of our European scrutiny.

John Bercow Portrait Mr Speaker
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Patience rewarded: Mr Lindsay Roy.

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Monday 10th October 2011

(12 years, 5 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Mr Michael Connarty—not here.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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13. What steps he is taking to ensure that any increase in the level of defence exports is transparent.

Metropolitan Police Service

Debate between John Bercow and Tom Brake
Monday 18th July 2011

(12 years, 8 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Order. In calling the right hon. Member for Carshalton and Wallington (Tom Brake), I congratulate him on his elevation to the Privy Council.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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I, too, pay tribute to the officer shot in Croydon and to all officers who put their lives on the line to keep us safe.

Will the Home Secretary join me in urging the Metropolitan police to move urgently to rebuild their senior team to focus on next year’s Olympics and security concerns surrounding the games? Will she strengthen the proposed checks and balances that will apply to elected police and crime commissioners to ensure that neither elected police and crime commissioners nor chief constables can get embroiled in any scandals of any nature once those commissioners are elected?

Oral Answers to Questions

Debate between John Bercow and Tom Brake
Wednesday 9th March 2011

(13 years ago)

Commons Chamber
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Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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Q4. The coalition Government’s principal objective is to cut the eye-watering deficit that we inherited from the previous Government, yet we want to support people on low and middle incomes. [Interruption.] Can the Prime Minister confirm how many people will see their incomes—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. I apologise for having to interrupt. Members must be heard when asking their questions, and the Prime Minister heard in answering them. It is a very simple principle. I think that the hon. Gentleman has completed his question, and we are grateful to him.

Legal Aid Reform

Debate between John Bercow and Tom Brake
Thursday 3rd February 2011

(13 years, 1 month ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Order. Before the hon. Gentleman responds to that intervention, I hope that he will confirm to me that he is not accusing any Member of being personally dishonest, because we cannot have that in the Chamber.

Tom Brake Portrait Tom Brake
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Of course I am not accusing any ex-Minister of being personally dishonest.

I thank the hon. Member for South Swindon (Mr Buckland) for his intervention. I think that Members on both sides of the House regret the decisions that are having to be taken, but it is incumbent on Ministers and Members on this side to come forward with solutions. If the Opposition want to be taken seriously, they need to offer solutions as well.

Counter-terrorism

Debate between John Bercow and Tom Brake
Thursday 20th January 2011

(13 years, 2 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

John Bercow Portrait Mr Speaker
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Order. There is understandably intense interest in this subject, but there is also pressure on time with the business statement to follow and thereafter two important and well-subscribed debates to take place under the auspices of the Backbench Business Committee. Brevity from those on the Back Bench and Front alike is, on this occasion, not just desirable but essential.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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Does the Minister agree that the coalition’s approach to counter-terrorism judiciously balances the country’s security needs with the defence of our precious civil liberties in contrast with the Opposition’s approach, which relied on draconian and counter-productive counter-terrorism measures that were highly damaging to fundamental British rights and were ineffective from a security perspective?

Points of Order

Debate between John Bercow and Tom Brake
Monday 15th November 2010

(13 years, 4 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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The short answer to the hon. Gentleman is that that is not a matter for today. More fully, I think I know him well enough to know that he is unlikely to rest content with what I suppose he would judge to be a holding response. I have just a smidgen of a suspicion that it is a matter to which he will return on other occasions, and if he does, so will I. I hope that is helpful.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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On a point of order, Mr Speaker. I apologise for not giving you advance notice of this. At the end of last week, some visitors came to visit me in Portcullis House and as part of the security process, their papers—the documents that they had brought with them—were scrutinised. To your knowledge, is this standard practice? Is it something that you would expect to happen when visitors come to the House of Commons?

John Bercow Portrait Mr Speaker
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I do not wish to be unkind or unhelpful to the hon. Gentleman, but the stock answer to such questions or attempted points of order is that we do not discuss security matters on the Floor of the House. However, if he wishes to pursue the matter with me in other ways, of course I am open to hearing from him and I will do my best to provide satisfaction.

Policing in the 21st Century

Debate between John Bercow and Tom Brake
Monday 26th July 2010

(13 years, 8 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Order. A great many hon. Members wish to take part, but there is important business to follow and there are real pressures on time. Single, short supplementary questions and brief replies are therefore required.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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Does the Home Secretary agree that the checks and balances that apply to elected police commissioners must be strong enough to stop populist politicians turning policing into their personal fiefdoms?