PARLIAMENTARY DEBATE
Points of Order - 9 January 2019 (Commons/Commons Chamber)
Debate Detail
Obviously, I was not aware of the hon. Gentleman’s visit to the Table Office, of which he has now informed me. I understand that he is telling me that he was advised that the motion was unamendable, and I do not know whether he went into the Table Office before the right hon. and learned Member for Beaconsfield (Mr Grieve) or after. All I know is that in my understanding the motion is amendable—I am clear in my mind about that—so insofar as the hon. Member for Wellingborough (Mr Bone) is disappointed that he was unable to table an amendment, I understand that. Whether there is an opportunity for him to do so now seems doubtful. I would have had no objection to him seeking to table an amendment, but I was unaware that he was attempting to do so. That is my honest answer to him. I absolutely accept that he is a person of complete integrity and will always try to do the right thing, and the same goes for me. I am trying to do the right thing and to make the right judgments. That is what I have tried to do and will go on doing.
By way of explanation to the hon. Gentleman and to the House, the motion in the Prime Minister’s name is indeed a variation of the order agreed by the House on 4 December. Under paragraph (9) of that order, the question on any motion to vary the order “shall be put forthwith.” I interpret that to mean that there can be no debate, but I must advise the House that the terms of the order do not say that no amendment can be selected or moved. I cannot allow debate, but I have selected the amendment in the name of the right hon. and learned Member for Beaconsfield. At the appropriate point, I will invite him to move it once the motion has been moved. That is the position.
“No motion to vary or supplement the provisions of this Order shall be made except by a Minister of the Crown; and the question on any such motion shall be put forthwith.”
That was a motion of the House.
Now, I have not been in this House as long as you have, Mr Speaker, but I have been here for 18 years and I have never known any Speaker to overrule a motion of the House of Commons. You have said again and again that you are a servant of this House, and we take you at your word. When people have challenged you in points of order, I have heard you say many times, “I cannot do x or y because I am bound by a motion of the House.” You have done that multiple times in my experience, so why are you overriding a motion of the House today?
“The Speaker shall put forthwith the question thereon”
after orders have been debated upstairs and brought to the Floor of the House? That has always been thought and understood to mean that these motions are unamendable: “forthwith” means unamendable. Why have you changed your interpretation of that word in this case?
If the right hon. Lady is inquiring whether there is what she might consider to be, in governmental terms, full written advice, a paper or a written brief, or whatever, there is none such. I have just told her what the situation is, I quoted from what was provided to me by the Clerk of the House and I have given my ruling. That is the situation.
Because this has a big impact on the Government’s ability to get their business, regardless of Brexit, will the instruction go to the Clerks that, in future, a Back Bencher wishing to amend a “forthwith” motion will now have such an amendment allowed and accepted against any business in the House?
Finally, in attempting to respond not only to the right hon. Gentleman but to some of the concerns that have been expressed, I understand the importance of precedent, but precedent does not completely bind, for one very simple reason. [Interruption.] I say this for the benefit of the Leader of the House, who is shaking her head. If we were guided only by precedent, manifestly nothing in our procedures would ever change. Things do change. I have made an honest judgment. If people want to vote against the amendment, they can; and if they want to vote for it, they can.
I thank the hon. Gentleman for his characteristic courtesy and his sense of fairness. He recalls the record accurately: I did indeed select an additional amendment to the Humble Address, if memory services me correctly, in 2013, and that was in the name of Mr John Baron. That amendment was on the subject of a referendum on British membership of the European Union, so what the hon. Gentleman says is true.
The fact is that there is a responsibility on the Chair to do their best to stand up for the rights of the House of Commons, including the views of dissenters on the Government Benches—that is to say, independent-minded souls who do not always go with the Whip—and to defend the rights of Opposition parties and very small parties, as well. I have always sought to do that, and on the Brexit issue, as on every issue, what the record shows, if I may say so—and I will—is that this Chair, on a very, very, very big scale, calls Members from across the House with a very large variety of opinions. Ordinarily, as colleagues will acknowledge, when statements are made to the House, my practice, almost invariably, is to call each and every Member, whether the Government like it or not. That is not because I am setting myself up against the Government, but because I am championing the rights of the House of Commons.
I then have a second point. [Interruption.] If I may come to the second point, which is the precedential—[Interruption.]
“must be put forthwith without any possibility of amendment”.
That reads as a single set, rather than as though “forthwith” was simply being qualified. The question that then arises is on the other important Standing Orders that are affected by the “forthwith” question. I think particularly of Standing Order No. 44, relating to disorderly conduct, which states that the question must be put forthwith but makes no mention of amendment one way or another. It seems to me that it would be deeply troublesome if “forthwith” came to allow amendments under such circumstances, so I think that the precedential effect of your ruling needs to be clarified.
On the hon. Gentleman’s first point, the answer is that if the motion has been moved, the question on it must then be put. For the avoidance of doubt, I say that on the basis of specialist advice.
Secondly, with the greatest respect to you, Mr Speaker—I am agnostic on the decision that you have made and believe you have the absolute right to make it—we talk about the public out there, and there are a lot of people who believe that there is a conspiracy and a procedural stitch-up taking place by a House of Commons which, on the substantive issue of leaving or remaining in the European Union, is grossly out of touch with the referendum result. With that in mind, although I accept your decision and would indeed be more than happy to support you in it, may I again ask that any advice proffered on this matter should be put into the public domain so that the public can make their own decision about that?
Secondly, the hon. Gentleman refers to a perception out there. To some degree, this brings us back to earlier points of order. I often have to explain this point to constituents and to people I meet around the country, so let me again say this and let me say it explicitly: it is not for the Chair either to try to push a policy through or to prevent a policy being pushed through. That is not the role of the Speaker of the House. The role of the Speaker of the House is to chair as effectively as he or she can in the Chamber and in the management of the day-to-day business, including the selection of amendments, new clauses and so on. What the House chooses to do is a matter for the House. If that applies across the piece, manifestly it applies to the subject of Brexit. What happens on this subject is not a matter for me; I am simply seeking to facilitate the House in deciding what it wants to decide. That has always been my attitude, it remains my attitude and it will continue to be my attitude. Let the House decide on the policy.
The uncomfortable conclusion, Mr Speaker, given the points made by my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith) and my hon. Friend the Member for North East Somerset (Mr Rees-Mogg) and the implications of the precedent that you have set with this ruling today, is that many of us will now have an unshakeable conviction that the referee of our affairs, not least because you made public your opinion and your vote on the issue of Brexit, is no longer neutral. I just invite you to reflect on the conclusion that many of us inevitably will have come to.
I have explained in response to previous points of order and adduced evidence in support of my argument, including that proffered by the hon. Member for Christchurch (Sir Christopher Chope), that I have always done my conscientious best to champion the rights of Members wishing to push their particular point of view on a range of issues and, perhaps most strikingly, on this issue. That is what the record shows. I have always been scrupulously fair to Brexiteers and remainers alike, as I have always been to people of different opinions on a miscellany of other issues. That has been the case, it is the case and it will continue to be the case.
As for the other point that the hon. Gentleman made, he will know that I was re-elected unanimously by this House on, I think, 13 June 2017, for the Parliament. If I have a statement on that matter to make, I would of course make it to the House first. I think that most people would accept that that is entirely reasonable.
On the substantive question, may I ask for your advice and guidance on the amendment in the name of my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve)? The reason I raise this is that I am wondering why you selected it, as it seems to me to be defective. It says that
“a minister of the crown shall table within three sitting days a motion under section 13”.
However, there is no sanction if a Minister of the Crown does not table such a motion; nor indeed does it say which Minister of the Crown it needs to be; and if a motion were to be tabled within three sitting days, there is nothing to force it actually to be taken, because it could end up in the “Remaining orders and notices” section indefinitely. So why are we having this sort of amendment when actually, it seems to me, it does not have any effect?
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