PARLIAMENTARY DEBATE
Points of Order - 12 June 2018 (Commons/Commons Chamber)
Debate Detail
We have had no adequate time for debate and, in the time available, we simply heard from the Minister for the Cabinet Office. There was no chance for a vote on any of the amendments tabled by Members of Parliament from Scotland—amendments that would have protected the position of the Scottish Parliament. Moreover, Scotland’s voice has been shut out of the Brexit debate—[Interruption.] The Conservatives are chuntering and I can see the hon. Member for Moray (Douglas Ross) shaking his head. He has just voted with his colleagues to undermine the powers of the Scottish Parliament, and he should be ashamed of himself—[Interruption.]
Mr Speaker, I seek your advice on where we go next. We are in unprecedented, uncharted constitutional territory. The Conservative Government have used unelected lords to veto the will of the Scottish Parliament and have refused to allow time for this House to debate the alternatives properly. The Government could have ensured protected time for Scotland’s parliamentarians to speak today, but they did not, so we fell silent. What options are available to us in this House to ensure that the Government understand the real concern among people in Scotland at this unprecedented power grab? How can we ensure that our voices are heard?
On the subject of the absence of a legislative consent motion from the Scottish Parliament, I can merely observe that I have no powers to stay—I use that term in a technical sense in this context—or to interrupt proceedings because there is no such motion passed. Whatever the very understandable sense of grievance that exists, which I am not disputing or arguing against or for, I am satisfied that, so far as the Chair is concerned, I can with authority say that the House has complied with its Standing Orders.
That may be very, very, very far from comforting or satisfactory to Members who are aggrieved. I understand what they are telling me, but the House has complied with its Standing Orders. That is the first point. There is in that sense no procedural impropriety, but the absence of procedural impropriety does not mean that people do not feel aggrieved for other reasons or on other grounds.
Secondly, both Members in a sense asked me, “Well, what recourse do we have?” Perhaps I should start by saying what recourse Members do not have. Today’s proceedings are effectively coming to an end and there is then an Adjournment debate, so the House will know that there is no recourse tonight, and people attending to our proceedings should know that. Moreover, tomorrow the House is treating of these matters appertaining to the withdrawal Bill, but it is dealing with very different sets of issues, on which the right hon. Gentleman’s concerns do not bite, so there is no obvious opportunity for these matters to be aired tomorrow.
However, without going into the full arsenal of weapons open to a Member of Parliament, there are means by which Members can try to secure the attention of the House to matters that they judge to be important, and if they feel that that needs to be done relatively soon. The right hon. Gentleman, who has now been here three years, is well familiar with some of the opportunities that are open to him and it is perfectly legitimate for him to seek to use those mechanisms. I get the impression, both from the right hon. Gentleman and from the hon. and learned Member for Edinburgh South West (Joanna Cherry), who has legal expertise and some experience of these matters, that the nodding of the head suggests that they understand what I am saying to them.
I hope that the hon. Gentleman will understand—I know Ministers will—when I say that the Standing Orders are not accidental. This is not an inadvertent omission or construction of words on the part of those who drafted the Standing Orders. The Standing Orders are as they are for a reason, which is that they were drawn up for a purpose and they have been accepted by the House, and they do not admit of any discretion on my part. If I had discretion, no doubt I would exercise it, but I do not. I entirely understand what the hon. Gentleman is telling me, but my advice to him and to others who are similarly concerned—this is a general piece of advice, not specifically in relation to this Bill—is that if they feel strongly that there is an aspect of our procedures that should be handled differently, it is a good idea to address such matters in what I would call “peacetime”, rather than simply raising them in “wartime”. I have never known any Member previously raise this matter with me by way of complaint. Members are now complaining—I am not complaining that they are complaining, as they have every right to complain if they so wish—because it affects them here and now, or it affects the point they want to make, the subject they want to broach or the amendment they want to put to the vote. I have to work on the basis of the Standing Orders as they exist, and that is what I have done. I am not insensitive to the wider point that the hon. Gentleman has made.
I have looked very closely at the amendability of such motions, and I know that an amendment was tabled. The Standing Order specifies that the Question on the programme motion should be put forthwith. As the hon. Lady knows, I regularly select amendments in debates that are voted upon, including on legislation, and while amendments to the programme motion are not prohibited—they can be tabled—there is no means by which they can be voted upon, as I interpret the Standing Order. It is therefore up to Members, if they do not like the programme motion, to defeat it. I am sorry if that does not satisfy the hon. Lady. I am not insensitive to this issue, but that is the factual position. Some Members may not like Standing Orders, but I owe it, in fairness to those who drew them up, to say that there is no constitutional or procedural impropriety in what has happened today. There may be other grounds for objection, but there is no procedural impropriety. The Minister, in addressing the matters as he did, allegedly for 19 minutes, was entirely within his rights to do so and, to be fair, he did take quite a lot of interventions in that period.
May I just ask whether it is in order for the Minister simply to say, “These are the amendments which the Government think are a good thing and therefore the whole House should simply accept them.”? There was no opportunity for Members from Scotland, Northern Ireland, Wales or England to hold the Minister and the Government to account. Surely that is the function of this Parliament and the Minister should be ashamed of himself.
I am always in favour of an outbreak of amity on procedural matters. It is best if we can avoid grave disharmony on such matters, but it will be for others to decide whether that should happen. That could happen. If the hon. Gentleman feels strongly about that, I feel sure that he will make a beeline for those on his own Front Bench, who engage in discussions on these subjects with the Government, to try to ensure that his concern is reflected.
Mr Speaker, accepting entirely your ruling that we are all bound by the rules of procedure and our Standing Orders, what scope, if any, exists—and, if it does exist, what avenues do Members have to promote this—to invite the Procedure Committee to consider that, on such a debate with multiple Divisions, the time taken by Divisions should not be included within the three-hour segment of debate, almost like the extra minute that we get when we give way to somebody when we are under a time limit? It would require a proper hearing by the Procedure Committee, but that might be one way to address what is clearly a very thorny issue.
I understand what the hon. Lady says—that any attempt to reform procedures would come after these events. I was just gently making the point, to go back to what the hon. Member for Perth and North Perthshire (Pete Wishart) was saying in reference to Royal Assent, that this Bill is unfinished business, and if it still has further consideration in this House, which remains to be seen, it may be that there will be a programme motion that will bring a smile to her face. I am not volunteering that with especial confidence, but it is possible.
It is not only that. It has been grossly misrepresented that we are taking a position that is contrary to the views that we hold. In the position where we are not able to give expression to, and far less vote on, what we believe as parliamentarians, representing the Labour party and our constituents, how do we give expression to those views, in the absence of the opportunity to do so in this House?
The term “north-south co-operation” is specifically defined in the Belfast agreement, and I have no doubt that Ministers—all of them—will have read the Belfast agreement in its entirety. It was therefore important for us to have had time today to discuss whether the Government had in fact unilaterally amended the Belfast agreement. That is a really interesting point, but we had no time to discuss it. I therefore ask your advice about how we can encourage the Secretary of State for Northern Ireland or, indeed, the Brexit Secretary to come to the House and make a statement on critical constitutional points affecting Northern Ireland and the whole United Kingdom?
Equally, it is open to Members to air these matters at business questions on Thursday, if they so wish. If Members of different political parties, or of several political parties, want to air their discontent—to some extent, they have done so tonight, but they might wish to do so in a more formal way to try to influence a subsequent programme motion—it is absolutely open to them to do so, and it will then be for the House to decide how it wishes to proceed.
I entirely understand the hon. Lady’s anger and that of the leader of her party, her Chief Whip and other Members. They have not stayed for the benefit of their health, but because they wish to make a point with force, and they have done so. I hope they will agree that I have been patient, as I should be, in listening to them doing so. As to whether things change in the days to come, wait to see, and bear in mind that Members can use the mechanisms open to them, as the leader of her party knows, to try to register a view more fully and to elicit a ministerial response.
Mr Speaker, can you set me straight about the constitutional position of this House and its relationship with the Parliament of Scotland and the historical narrative we are seeing played out here today in relation to the other place? There are Members of that other place, such as the archbishops and bishops of the Church of England, who are unelected and unrelated to the national Church of Scotland—we have no episcopacy in the governance of Scotland—who it seems have had greater time and ability to consider this, whereas the Parliament of Scotland’s will not to give a consent motion has been rejected and the majority of Scotland’s constitutionally elected constituency MPs have been unable to engage. I am sure that you will agree that that is the constitutional position of this House, and I must say that for Scotland it reflects very badly.
I think we come to what I hope—I do not mean this unkindly—is the last point of order.
I understand people’s upset and irritation, but I thank them for the courtesy with which they have raised their points. We are now coming to the Adjournment debate. The House will probably be very relieved to know that it will be rid of me for tonight and that it will luxuriate in the lather of having its proceedings chaired by the Chairman of Ways and Means.
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