Steve Baker
Main Page: Steve Baker (Conservative - Wycombe)Department Debates - View all Steve Baker's debates with the Attorney General
(4 years, 7 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
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
Mr Steve Baker (Wycombe) (Con)
Is it not the case that, contrary to the shouted opinions from the Opposition Front Bench, the Supreme Court has invented a new constitutional rule, just as Lord Sumption told us on the “Today” programme this morning? Lord Sumption also said that this was a revolution—he described the decision as revolutionary. Is it not the case that—[Interruption.] The hon. Member shouts “shocking”, but it was Lord Sumption who said it. Is it not the case that, prior to this revolutionary decision by the Supreme Court, it is quite likely—indeed probable—that my right hon. and learned Friend’s advice was correct, but the Supreme Court changed the law?
The Attorney General
I am grateful to my hon. Friend for the question. I cannot disclose what advice I gave. The hon. and learned Member for Edinburgh South West, who first asked this urgent question, had that answer, and I am afraid I am going to have to keep giving it today. However, what I would say is that the Supreme Court did indeed, as it overtly and explicitly said, develop the law. It took what was a political convention—hitherto, in all the constitutional textbooks, described as unenforceable by a court—and decided that it would set a test and convert it into a legal principle and legal test. It was perfectly entitled to do that, just as this House will, in the coming months and years, have to reflect on the implications and on whether it is content to leave that position untouched. However, for the moment, that is the law, and the law must be obeyed.