PARLIAMENTARY DEBATE
Business of the House - 26 January 2017 (Commons/Commons Chamber)
Debate Detail
I say to the Leader of the House that it is massively regrettable that the Government are taking this approach. They could have taken a far more relaxed, open-palmed approach to dialogue and debate and listened to the issues raised by Members on both sides of the House. When amendments are tabled in the normal course of events, they can reflect on them and rebut them, if they so wish. Instead, they are taking an approach that speaks volumes of Ministers’ frailty and their fear of ordinary debate and discussion in the House of Commons.
Members have a lot to say about the Bill in question. I do not believe that we can ignore the outcome of the referendum, but withdrawing from the European Union will have phenomenal consequences, so the amendments we may wish to table have to cover all the issues surrounding the triggering of article 50. I understand that, in moving the motion, the Leader of the House is seeking to allow and afford Members the opportunity to table amendments in advance of the weekend and before Second Reading, but it would be regrettable if we were to lose that space between Second Reading and Committee for people to reflect on some very important things, one of which is the matter of the White Paper. The Prime Minister has conceded that we are going to have one, but as yet we still do not know when it is going to be published. If we had the White Paper today, it might help to inform the amendments that, in an hour’s time, we might be able to table.
“notices of Amendments, new Clauses and new schedules to be moved in Committee may be accepted by the Clerks at the Table before the Bill has been read a second time.”
That in itself begs a number of questions. You may have noticed, Madam Deputy Speaker, that a queue has already formed beside your Chair of hon. Members who may wish to table amendments. I understand that if we wish to table amendments at the passing of this motion, we should approach the Table and hand them over to the Clerks. I suspect that there will be a great deal of demand for the Clerks’ time and attention. Indeed, one issue that I wish to raise—perhaps the Minister can respond to this—is to do with the pressure that will be on the Clerks over the coming days because of the demands of Members wanting to table amendments. [Interruption.] There is sympathy, I hear, from my hon. Friend the Member for Wythenshawe and Sale East (Mike Kane), who is known for his close affinity with the Clerks and his appreciation of procedure. It is a serious point. The Second Reading debate is on Tuesday and Wednesday, and the Committee stage is the following week, ridiculously gagging Parliament in its ability to scrutinise the legislation properly, given that the Maastricht treaty had 23 days of consideration and the Lisbon treaty had 11 days.
With regard to the motion and the timings for tabling amendments—I hear your entreaties, Madam Deputy Speaker—I would like the Minister to consider whether there are any precedents for this sort of motion, for example when legislation relating to other EU treaty revisions was considered. Did we have this for the Maastricht treaty, the Amsterdam treaty, the Nice treaty or the Single European Act? Does the Minister have something to say about the timing of the White Paper that could inform our ability to table amendments?
I have managed to scribble down—not on velum, but on the paper available in my office—22 amendments that I think are appropriate for this legislation. Perhaps I have shot myself in the foot by catching your eye, Madam Deputy Speaker, because I have missed my place in the queue that is forming by your Chair to table said amendments; that is the lot that I will have to live with by making these points about the motion.
I would also like to know whether the Procedure Committee has been consulted on the motion, because, as I understand it, this is a highly unusual change. It is not necessarily unwelcome, but it is symptomatic of the Government’s intention to override the procedures and conventions of the House that would normally allow us to reflect on something before tabling amendments.
It is important that Members of the House exercise their right to reflect on the consequences of this legislation. It is one of the most important decisions that we will make, certainly this year, definitely in this Parliament, and perhaps in my time in the House. I think all Members should think about amendments that might be pertinent to the legislation. Yes, the Bill might be narrowly drawn, as some have said—how could we possibly want to amend a Bill that is just one clause long?—but a short sentence can have a vast effect on public policy and on our constituents. It is our duty to think about the amendments that might be relevant and table them when the motion is passed. I hope that all hon. Members will think about their responsibilities.
It looks as though the Clerks are going to have a very busy weekend trying to ensure that the drafting of amendments is in order. Some people say that there are a lot of lawyers in the House—I am not a lawyer, but I know many who are—but we still sometimes need assistance in the phraseology and terminology of amendments.
The Minister should at least do us the courtesy of explaining why he has tabled the motion and set out the fact that this is the beginning of the concertinaing of the parliamentary consideration of the European Union withdrawal Bill. For him not to do so, and simply to stand and say, “I beg to move”, is yet another sign of the Government’s arrogance. Perhaps they have not properly reflected on the judgment of the Supreme Court, which insisted that Parliament has the duty to legislate on these matters and that it is not something for the Crown prerogative. It is for us to amend the Bill and ensure, if we have to table amendments before Second Reading, that we have those particular rights.
“before the Bill has been read a second time”
means that we could hand in our amendments right up to the deadline, but unless they are printed for consideration, how can the House properly consider them?
“The Bill is not expected to have any financial implications.”
I suspect that is very far from what will happen.
It is on matters financial that many of the amendments that we wish to table, and will table in advance, will be drafted. The difficulty is, as has already been suggested, that the White Paper that is to accompany the Bill has not yet been published. That brings us to the rather vexed question of how the Clerks, in advance of Second Reading, will deal with amendments as they are tabled. I do not mean to debate the policy by any means, but if I may, I will give just two small examples of why this is profoundly problematic.
We know there is a demand in the financial services sector for financial passporting. We know that there is a demand in many sectors for significant and long transitional arrangements. Unless and until the Clerks know what the White Paper may say about that and whether the Government may indeed have accepted some sense on it, it will be extremely difficult to know the nature of any amendments that may be tabled, notwithstanding the welcome extra time in which to do so.
The Bill is also very narrow. Again, although we welcome the opportunity to table amendments, we need to know what may or may not be in range and acceptable—not just tableable, but selectable and votable. I am sure some colleagues in the House would think it sensible, for example, to try to avoid a £1,000 levy on every EU employee. Although we could table such an amendment, we do not know whether it would be accepted or how the Clerks may choose to deal with such an amendment.
We will not oppose the motion—as I say, the opportunity to table amendments in advance of Second Reading is welcome—but I am sure that no one will be left in any doubt that it is not without some significant and substantial problems.
In October 2012, power was conferred from the UK Government to the Scottish Government for Scotland to hold a referendum on Scottish independence, and power is now being conferred, as the Bill says, to the Prime Minister. It strikes me that there are two major differences between the two processes. There is a significant difference between what is happening now and the timescale when power was conferred to the Scottish Parliament before we had our referendum in 2014.
We went through a nearly two-year process of public engagement. We actually wrote things down. We had a White Paper—650 pages of a White Paper. I have it with me—this is what it looks like. The Minister is not paying attention; I wonder whether he read it. For the avoidance of doubt—for him and for any other member of the public—this is what a White Paper looks like. This is what putting blood, sweat and tears, and plans, into your constitutional future looks like—something that this Government have not bothered to do. The people of the United Kingdom deserve better. People in Scotland got the gold standard of referendum. They had a proper consultation process. In the run-up to the referendum in Scotland, over 90% of people registered to vote voluntarily, and over 80%—
I finish by quoting Adlai Stevenson, who said:
“Public confidence in the integrity of the Government is indispensable to faith in democracy; and when we lose faith in the system, we have lost faith in everything we fight and spend for.”
I hope this Government think very carefully about that, and about the process that they are embarking on, and do a decent job.
It is only right that the public understand the processes of this place, which can often seem labyrinthine. I support the agenda, which the hon. Member for Livingston (Hannah Bardell) just spoke about, of simplifying and straightening out some of our procedures. I wonder whether the Procedure Committee has looked at the matter. I have not seen such a motion before, except perhaps on emergency anti-terrorism legislation or things of that sort. It is an unusual motion.
Although having more time to table amendments is welcome, this is an odd direction for the Government to take. We will not have been through the Second Reading debate, we will not have seen a White Paper and we will not have been able properly to think through the structure of the amendments, new clauses and new schedules that we might wish to table. We will not have had a chance to consider who we might wish to table them with, or who we might want to ask to support them, to show the confidence of the House. As you know, Madam Deputy Speaker, those matters have great significance in determining which amendments are selected and which can be voted on.
I went through a frustrating experience recently on a similarly short Bill, the Commonwealth Development Corporation Bill, to which I and many others tabled amendments on several important issues. Because of the nature of the debate and the rules set by the usual channels and others, only a certain number of votes could be taken. An amendment that I had tabled, which had cross-party support from the SNP, the Lib Dems, the Greens and others from across the House, was not voted on because we were told that there could be only two votes as a consequence of the limitations on time and process.
I was deeply concerned when I heard confirmation in the business statement this morning that there would be only three days of debate on the Bill in Committee. We do not know how much time there will be for debate on Report, or, crucially, what knives will be inserted into the debate.
I do not normally like to get into big procedural debates in this place; I normally like to talk about issues of substance. But when we are about to embark on a debate on such an important matter, it is absolutely crucial that we have the most transparent, accessible and open processes for the tabling of amendments, new clauses and new schedules, and for debating and voting on them.
It is important to understand that the order in which amendments are tabled in this place can significantly affect the ability to speak on them, particularly when the time to debate them is curtailed; it also affects which amendments we can vote on. I would be deeply concerned if we started to see procedural chicanery by the Government—by the Whips and others—and attempts to curtail debate and to prevent the reasonable discussion of matters in this House. [Interruption.] A Government Whip is chuntering already.
We all understand the result of the referendum and we all have different views on it, but we have many concerns about how the process is being undertaken. I believe that the Prime Minister has already shown a great deal of contempt for this House by not turning up to explain herself and answer questions. The Government have been forced into a corner about publishing a White Paper. They now appear to be tinkering with the proceedings of this place, and to be rushing headlong into the process without allowing proper and adequate scrutiny.
I raise these issues not as an attempt to frustrate or stop the process—I will not oppose the motion—but because I want the public, including my constituents, to understand that there are those in the House who often abuse its procedures to prevent reasonable scrutiny and to prevent votes. I would be deeply concerned if that were to continue during the next few weeks. We have already seen a habit formed by this Government and we have already seen their direction of travel, but I sincerely hope it stops right now, so that we can have proper debate and scrutiny.
I would be interested to know why the Government have taken this welcome but unusual step with the Bill. It is almost as though we will have more time to table amendments than we will to discuss them. It might be because they know a huge amount of amendments will be tabled, because there is a massive number of specific issues on which Members will want very clear decisions. We only have to think about all the questions that have been asked of the Leader of the House, the Prime Minister and the Brexit Secretary about what will happen to EU nationals in this country, to UK nationals over in the EU, to universities, to farming and fishing, and so on, to see that they might all lead to several different amendments. If, in the haste to get to the cliff edge, only a tiny percentage of those amendments are voted on, we will end up with bad legislation. For possibly the most important decision that Parliament has taken since the Chamber was rebuilt, we cannot afford bad legislation.
If the Government intend this Bill to be binding, will they use the additional time that they have given themselves to correct what appear to me to be mistakes in the drafting? The Bill is being rushed through because there is a political—not a legal—imperative for article 50 to be triggered by 31 March, yet it does not require the Prime Minister to do anything by 31 March. It does not require her to do anything—it permits her to do something. Is one of the amendments being cued up now a Government amendment to correct that mistake?
Five days is not enough, although it is more than many Bills get, but the advice in the Government’s summary, which is 15 times longer than the Bill, is that its impact will be both clear and limited. Limited? It is the most important Bill that this House has ever considered. Given that it is so limited, why do the Government need to allow so much additional time for all the amendments—
I concur with a lot of what has been said. Generally, the public are not interested in procedure, the timing of amendments, what days of the week Bills are debated and so on. This time, it is important because the procedures of the House are clearly being used to get the result that the Government want.
The Prime Minister has given herself a political imperative to implement article 50 by 31 March.
To come back to the matter in hand, I would like the Government to explain why they have taken this unusual procedural step today. Why is the Bill, possibly the shortest Bill we will consider during the Session, expected to attract so many amendments that the Clerks need extra time to collect them all?
I want to say clearly that in a panic the Government chose to attempt to use the royal prerogative, but that has been struck down this week by the Supreme Court in a momentous and historic decision. One would have thought that in the light of that, the Government would have more regard to the procedures of the House and how its business is formulated, to give the House a proper say in the historic decision on Brexit. Did the Government learn that lesson? No, they came back with a one-line Bill to be fast-tracked. That is why, in the Government’s attempt to make some amends, we are discussing a way of getting some extra time, over the weekend, to draft amendments and new clauses to go with that fast-track procedure.
Hon. Members have every right to worry that the Government still have not got the point that we are now to have proper parliamentary scrutiny, including control over how the debate is conducted in the House. To underline that, let us look at what the explanatory notes say about the need for fast-tracking. First, we are told that there was an “unexpected” step in the process required by the Supreme Court. It is no fault of this House that the Government do not understand what is happening in the real world. It is no fault of Members on either side of the House if the Government were caught by surprise—the rest of us were not—and it is not an excuse for fast-tracking.
The second explanation for the fast-tracking is that this step
“would cause considerable delay to commencing the formal exit process”,
but the triggering of article 50 by the end of March is a random, arbitrary decision by the Government. That is not this House’s decision. The Executive are saying we have to fast-track the Bill because they have decided when they want to do it by. If that becomes a principle of how we do business—if the Government can say, “We want to do something next week, so we are going to fast-track everything”—it will be an abrogation of democracy, and we cannot have that.
The Government are politicising the procedures of the House. We have been here before—I say that humbly to the Chair, because it is why this is a major issue. We saw it in the 1880s and 1890s, when the then Government thwarted the legitimate desire for Home Rule in Ireland, and that led to major debates in Parliament that became focused through the procedures of this Parliament. Again in the 1970s, when devolution was first being discussed for Scotland, it became intertwined with major issues around the business of the House. In both cases, that happened largely because the Executive set their face against Parliament having a proper democratic discussion.
In the end, the business will go through this afternoon, but unless the Government learn this basic lesson—that every time they try to thwart democratic discussion in the House, Members will face them down—and open up the debate, we will be in for an awful lot of procedural discussion over the next year.
As hon. Members have said, the Government are seeking to respond to the unusual fact that we are proceeding with the article 50 Bill through expedited process. In my time here, this process has been used by Governments of all political colours, often in response to High Court or Supreme Court decisions that have interpreted the law differently from how the law had previously been assumed to stand. It is usual for the Government to move this kind of motion when such an expedited process is applied. Our purpose in using the process is to enable us to comply promptly with the judgment of the Supreme Court, while also respecting the vote of this House that the Prime Minister should trigger the article 50 process by the end of March this year. The aim is to ensure that we can comply both with the ruling of the Supreme Court and with the clear and overwhelming view expressed in a vote in the House of Commons.
I am afraid that the speeches that we have heard this afternoon are indicative of the shambolic state of some of the arguments being presented by Opposition Members. I am disappointed that there seems to be an obsession with debating the process of each and every stage, rather than focusing on what are the key objectives in a negotiation which will deliver the best deal for people in every part of the United Kingdom following the outcome of the United Kingdom referendum last year. That is what is at the forefront of the Government’s mind, and that, I submit, is what is in the minds of our constituents who send us here, rather than the detail of perhaps unusual and arcane procedure.
We accepted the judges’ ruling on the steps of the Supreme Court, and we immediately complied with that ruling by introducing a Bill. Opposition Members have nothing whatever to complain about. The Government could not have been more prompt, efficient or responsible in complying with that Supreme Court judgment.
Question put and agreed to.
Ordered,
That, in respect of the European Union (Notification of Withdrawal) Bill, notices of Amendments, new Clauses and new Schedules to be moved in Committee may be accepted by the Clerks at the Table before the Bill has been read a second time.
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