21:50 - The House having divided: - Ayes: 328 / Noes: 301 - Question accordingly agreed to.
The Leader of the House of Commons (Mr Jacob Rees-Mogg)
It is a pleasure to speak in this debate, brought to us by my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) and to follow the Leader of Her Majesty’s Opposition.
The Prime Minister has said, including in his statement earlier, that this Government are absolutely committed to delivering Brexit on 31 October. We must deliver the largest democratic mandate in this nation’s history. Delivering the referendum result requires this House to respect the voice of the people as expressed in that historic vote—so far, the House has failed to do so. And now, instead of backing the Prime Minister and giving him the best possible chance of securing a deal before the UK leaves the European Union on 31 October, we find ourselves debating a proposition that seeks to confound the referendum result again. Mr Speaker, I wish to be clear: what is proposed today is constitutionally irregular.
Peter Kyle (Hove) (Lab)
Would the right hon. Gentleman remind the House: how many times did he vote against the deal?
Mr Rees-Mogg
The deal is dreadful, which is why the Prime Minister is getting a better one—if only the House would let him. However, this is irregular, both in terms of the approach to allowing SO 24s on substantive motions and in terms of the subversion of Parliament’s proper role in scrutinising and the Executive’s in initiating.
Lady Hermon (North Down) (Ind)
The right hon. Gentleman will know the importance of the Good Friday agreement to the people of Northern Ireland. He will also know, as a Unionist, that without a deal there will be an inevitable hardening of the border between the Republic of Ireland and Northern Ireland, which will incentivise Sinn Féin to agitate for a border poll to take Northern Ireland out of the United Kingdom and into the Republic of Ireland—into a united Ireland. How on earth could he defend the indefensible?
Mr Rees-Mogg
Because I simply disagree with the hon. Lady—there would have to be a political desire to impose a hard border, and neither the United Kingdom nor the Government of the Republic of Ireland have such a desire.
Neil Gray (Airdrie and Shotts) (SNP)
I have a certain fondness for the right hon. Gentleman, stemming from our time on the restoration and renewal Committee some years ago. I will tell him what is constitutionally irregular: shutting down Parliament, shutting down debate and shutting down the ability of MPs to hold this Government to account. Can he therefore tell me when he became aware of the Prime Minister’s plan to shut down Parliament in order to force through a no-deal Brexit? Papers in the Court of Session today suggest that this was the Prime Minister’s plan on 16 August.
Mr Rees-Mogg
As Parliament is not being shut down—cannot be shut down—I could not be aware of plans to do something that is not happening, so the hon. Gentleman is simply wrong.
Mr Baron
My right hon. Friend will be aware that the majority of Members—colleagues—who will vote against the Government tonight voted to trigger article 50, which said that we would leave the EU with or without a deal. It was very simple and very clear. Which bit does he think they now do not understand?
Mr Rees-Mogg
They do not like losing referendums and never accepted the result.
I must come back to the constitutional issue, because this motion risks subverting Parliament’s proper role in scrutinising and the Executive’s in initiating. You in particular, Mr Speaker, have a grave responsibility, of which I know you are well aware, to uphold the norms and conventions that underpin our constitution, but we all have a role to play, and it does considerable damage when some of us choose to subvert rather than reinforce—to hinder rather than to polish—our constitution.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
The Leader of the House is talking about the alleged subversion of democracy. He seemed not to answer the hon. Member for Airdrie and Shotts (Neil Gray), so I ask clearly: first, on what date did the Leader of the House first become aware of the plan to prorogue Parliament? Secondly, have any officials from his office, 10 Downing Street or elsewhere, whether political advisers or civil servants, been conducting communications away from the normal channels, in such a way that would not comply with the terms of candour and disclosure necessary for the court proceedings that are currently taking place?
Mr Rees-Mogg
If people were carrying out discussions without candour, I would not know about them so would not be able to tell the hon. Gentleman whether they had happened. I carry out all my discussions with candour and—if anybody is interested—the Privy Council’s function is reported in the Court Circular.
Mr Vara
Were we to leave the EU on a no-deal basis, in effect that would mean that we would operate on World Trade Organisation rules. Given that the EU currently operates on WTO rules with a number of countries—including the US, China, Russia, Argentina, Australia, New Zealand and many others—does my right hon. Friend agree that we should not be fearful of trading on WTO rules outside the EU? We already trade on WTO rules in the EU.
Mr Rees-Mogg
My hon. Friend makes a brilliant and incisive point and is absolutely right.
We need to examine what is being put forward to the House and to consider the concerning and odd fact that it is actually being permitted in the first place. Let us look at Standing Order No. 24 and the approach we are taking. As you know, Mr Speaker, I take an interest in the rules of the House.
Mr Kenneth Clarke (Rushcliffe) (Con)
I was astonished to hear my right hon. Friend agree that we would be perfectly all right to proceed on WTO rules. Does he accept that WTO rules will require the European Union to apply tariffs against our agriculture, fisheries and much of our manufacturing, in line with the tariffs it imposes against other third-party countries, and that WTO rules will require us to have a closed border in Ireland to enforce those restrictions? We cannot have it one way and another: we either obey the WTO rules or we ignore those as well and pretend we are going into some never-never land, but my right hon. Friend cannot simply accept calmly the argument that WTO rules would do no damage to our economy.
Mr Rees-Mogg
I must confess that I am surprised by my right hon. and learned Friend’s astonishment because I have been making the case for WTO rules for some time. It has been a sensible way to proceed and will allow us to carry on trading as we do with many other countries.
Mr Dominic Grieve (Beaconsfield) (Con)
My right hon. Friend says that the House’s role is one of scrutiny, and I agree, yet does he not see that there is an incompatibility between that scrutiny and in fact taking steps through Prorogation to deprive us of the effective opportunity to carry it out? When considering that, he may also agree with me that so much in this House depends on trust. How can we have trust when there have already been a number of examples of the Government’s making inaccurate statements, such as, first, that the papers prepared for its Yellowhammer briefing were the product of a previous Administration when they were not; and secondly, and perhaps most pertinently, when it appears that the facts as stated by the Government as to the reasons for Prorogation have turned out to be entirely inaccurate and are now causing the Government considerable difficulties over their duty of candour in litigation? When he aggregates all that together, perhaps my right hon. Friend might begin to understand why many of us have finally decided that this House must take action.
Mr Rees-Mogg
My right hon. and learned Friend is very learned but his learning does not always lead him in the right direction. The Prorogation is completely routine. When I was first—and, indeed, last—at this Dispatch Box, Opposition Front Benchers were asking for the Session to be brought to an end. We were merely being our obliging selves in leading forth to a new Queen’s Speech in the general course of events.
Mr Rees-Mogg
In due course, because we always like to hear from the hon. Gentleman, who informs and educates us when he speaks—
Mr Rees-Mogg
No. We are going to have to wait for this informing and educating. We are all bating our breath for it, but I like to keep people on tenterhooks for the time being, because I wish to talk about our old friend “Erskine May”, which sets out your role, Mr Speaker. The chief characteristics attached the office of Speaker in the House of Commons are authority and impartiality. It would be disorderly, wrong and not my intention to question your impartiality, Mr Speaker, but, as with the umpires at Edgbaston who saw eight of their decisions sent for review and overturned, accepting somebody’s impartiality is not the same as accepting their infallibility.
It is worth noting what a wise and scholarly Speaker once said—indeed, this wise and scholarly Speaker said as recently as last year that a debate held under Standing Order No. 24 could be held on a substantive and amendable motion only if the Standing Order is itself amended. In April 2018, in the light of two emergency debates on the UK’s decision to take military action in Syria, you yourself, Mr Speaker, said that
“it is perfectly open to the House to amend Standing Order No. 24, of which there is some uncertainty and often incomprehension. It could be amended to allow for the tabling of substantive motions in circumstances of emergency, which could also be amendable and on which the House could vote. If there are Members who are interested in that line of inquiry, they could usefully raise it with the Chair of the Procedure Committee”.—[Official Report, 19 April 2018; Vol. 639, c. 475.]
As far as I am aware, no change has been made to Standing Order No. 24, yet the decision has changed—varius et mutabilis semper dictor.
Chris Bryant
The Leader of the House said earlier that Parliament is not being suspended, but in this case it is. He knows perfectly well that Select Committees will not be able to sit, and as according to the Bill of Rights, there will be absolutely no proceedings of Parliament while Parliament is prorogued. I want Parliament to prorogue, but I want it to prorogue only for four or five days so that we can do our job of scrutinising the Government through proceedings in Parliament. That is the point: we want a Queen’s Speech but we also want to be able to come back and do our job.
Mr Rees-Mogg
The hon. Gentleman knows the procedures of this House only too well. He knows that we are about to go, in some cases, to the seaside for party conferences—in the case of my party, to a major city centre. That is why we are taking four or five days of parliamentary time and simply going over the normal recess. That is not in any sense an abuse.
Mr Peter Bone (Wellingborough) (Con)
Will the Leader of the House go back to his point about Standing Order No. 24? It seems to me that he is absolutely correct—as Mr Speaker was correct in his previous statement—that this could not be on a substantive motion. If the motion, which appears to be substantive, is carried tonight, it seems to me that the Government would have every right to declare it ultra vires and ignore it.
Mr Speaker
Order. I know that the hon. Gentleman will not presume to argue with the judgment of the Chair, entitled as he is to the possession and expression of his opinion. What I say to him in order to help him and to assist the Leader of the House is this: if, in the judgment of the Chair, a motion under Standing Order No. 24 is expressed in neutral terms, it will not be open to amendment—if it is judged to be expressed in neutral terms. The reality of the matter is that there have been previous occasions upon which there have been Standing Order No. 24 motion debates which have contained what I would prefer to call evaluative motions, notably on 18 March 2013 and on 11 December 2018 with which I feel sure the Leader of the House is familiar. It is in conformity with that practice that I have operated. I have taken advice of a professional kind, and I am entirely satisfied that the judgment that I have made is consistent with that advice. My attitude is simply to seek to facilitate the House. The Leader of the House rightly referred to my responsibility as grave and solemn, and I completely accept that as well as I accept his right to his own view about my judgment in this matter. I have sought to exercise my judgment in discharging my responsibility to facilitate the House of Commons—to facilitate the legislature. I have done it; I am doing it; and I will do it to the best of my ability without fear or favour—or, to coin a phrase, come what may, do or die.
Mr Rees-Mogg
I am grateful, as always, Mr Speaker, for your contribution to the debate. It is always very useful that your words are referred to and that the House should be reminded of them. It was suggested by you that this matter should be referred to the Procedure Committee and that the motion should be amended, which it has not been.
Several hon. Members rose—
Mr Rees-Mogg
There is so much to say and so little time, and others want to speak.
This motion is extraordinary in a number of ways.
Joanna Cherry
I am grateful to the right hon. Gentleman for giving way. I wonder whether I might go back to the matter raised by the right hon. and learned Member for Beaconsfield (Mr Grieve). It was revealed in court this morning in a case raised in my name and that of 70 other Members of this House that on 16 August the Prime Minister agreed to a suggestion that Parliament should be prorogued on 9 September, but on 25 August a No. 10 spokesperson said
“the claim that the Government is considering proroguing Parliament in September in order to stop MPs debating Brexit is entirely false.”
Does the right hon. Gentleman accept that the spokesperson misled MPs and the public on 25 August?
Mr Rees-Mogg
I am sorry to say that the most obvious understanding of the ordinary use of the English language, which normally the hon. and learned Lady is pretty good at, makes it quite clear that the two statements are entirely compatible. The Prorogation is the normal Prorogation to have a new Session; it is not to stop debate on matters related to the European Union.
Mr Rees-Mogg
It is, of course, a pleasure to give way to the hon. Gentleman.
Angus Brendan MacNeil
I thank the right hon. Gentleman for giving way. He spoke earlier about candour. The need for candour means that he has to accept that, when it comes to WTO, all countries bar about three in the world are in regional trade associations—the three that are not are South Sudan, Somalia and East Timor, and they will probably soon be joined by the UK if we have a hard Brexit. The fact that all these countries, bar three, are in regional trade associations means that they do not exclusively trade on WTO terms. Therefore, when he talks about taking the UK to a place where we exclusively trade on WTO terms, he is talking about moving us away from free trade with 500 million people, making trade more expensive. That is his policy. The other question is this: did he know about the Prorogation on 16 August?
Mr Rees-Mogg
On 16 August, I was at Lords watching a game of cricket, unless it was one of the days when it rained. On the WTO issue, our trade with the United States on WTO terms—I know that the hon. Gentleman is expert in these matters—has grown faster since the creation of the single market than our trade with European Union.
Sir Oliver Letwin
I am very grateful to my right hon. Friend for giving way. I understand his views and his concerns about the supposed constitutional irregularity of these proceedings, and no doubt in the future all these things can be debated. Will he accept that, as a nation, we stand at present at a moment that will have a profound effect on the welfare of our people, that the sovereign Parliament of this country clearly deserves an opportunity to be able to decide whether it will accept a policy of no-deal exit or not and that that overwhelmingly matters more than whether the Standing Order No. 24B, which has “where” in it—misdrafted in all probability by the then Leader of the House—has a particular meaning or does not have a particular meaning?
Mr Rees-Mogg
There is, I am sorry to say, a stunning arrogance to that view. It fails to understand where sovereignty comes from. [Interruption.] I do indeed dare to say this, and I say it to my right hon. Friend.
Mr Speaker
Order. I recognise that there are strongly held views on both sides of the House on all aspects of this matter, but the Leader of the House must be heard.
Mr Rees-Mogg
Sovereignty in this House comes from the British people. The idea that we can overrule 17.4 million people is preposterous, and the idea that our rules do not exist to protect the people from arrogant power grabs is mistaken. Those rules are there for the protection of the people.
Several hon. Members rose—
Mr Rees-Mogg
I have given way so many times and to many distinguished Members, and it is now time to come on to this extraordinary and unprecedented motion.
Parliament is attempting to set aside Standing Order No. 14 to give precedence to the European Union (Withdrawal) (No. 6) Bill. This motion goes further and seeks to claim an unknown and unquantified number of subsequent days for consideration of Lords amendments and messages. It is a fundamental principle that the Government are able to transact their business in this House—a principle that this House has long accepted in Standing Order No. 14. This motion also sets aside, in a new parliamentary Session, the Standing Orders that apply in relation to the presentation of private Members’ Bills. The motion would allow a designated Member—or a few of the Illuminati who are taking the powers to themselves—to give notice of the presentation of this Bill on the first day of a new Session and then provide time for debate on this Bill on the second day of the new Session, interrupting the Queen’s Speech debate.
There is an established process for the House debating the Queen’s Speech—a process that this Bill would undermine. Although the Outlawries Bill has its First Reading just before the start of the Queen’s Speech debate, this Bill is only read the First time as a formality and not debated. To interrupt the Queen’s Speech debate to debate a Back-Bench Bill, such as the one proposed in this motion, would be unprecedented. The Government have an obligation to bring forward their business, and the Queen’s Speech and the debate that follows form one of the great set pieces of the parliamentary calendar, where the Government are rightly scrutinised and held to account, and that is being interrupted.
David Linden
I want to come back to a point made by the hon. Member for Wellingborough (Mr Bone). He has said quite a lot, as a Brexiteer, that we would be taking back control of our laws. Can the Leader of the House be crystal clear at the Dispatch Box tonight that if the Bill passes in this House and in the other place, the Government will not stop it getting Royal Assent—if we are taking back control of our laws?
Mr Rees-Mogg
The law will be followed. We are a country that follows the rule of law and this Government assiduously follow constitutional conventions, unlike some other Members of this House.
Sir William Cash
The intervention of my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) can only be described as breathtaking. In support of the assertion by my right hon. Friend the Leader of the House that it was weighted with great arrogance, may I ask him to be good enough to confirm that in fact the European Union Referendum Bill, as enacted, was a sovereign Act of Parliament, which deliberately gave the right to the British people, and not to the British Parliament, to make the decision on the question of remain or leave?
Mr Rees-Mogg
My hon. Friend is of course right. We report to the British people; they are our bosses.
Several hon. Members rose—
Mr Rees-Mogg
I give way to my hon. Friend the Member for Chelmsford (Vicky Ford), who has been so patient.
Vicky Ford
I am grateful to the Leader of the House. Getting back to the bigger picture, the Prime Minister made it very clear in his speech last night and in his statement today that his preferred outcome is to leave with a deal. Can the Leader of the House confirm that that is also his preferred outcome and that, if a deal is agreed at the next European Council, sufficient time will be made in this Chamber to ensure that we legislate for that deal?
Mr Rees-Mogg
My hon. Friend is absolutely right, and I can say, both personally and as bound by collective responsibility, that I am in favour of a deal.
Several hon. Members rose—
Mr Rees-Mogg
We must allow other Members to speak. I see that time’s wingèd chariot is speeding away, and therefore I must get on to the separation of powers. [Interruption.] Well, if the hon. Gentleman wants me to carry on all night, I will do my best.
Today’s debate goes to the heart of our constitution and the roles of the Executive and of Parliament. These are matters of careful balance. It is for the Government, by virtue of their ability to command the confidence of this House, to exercise Executive power. That includes the order of business and the bringing forward of legislation. It is for Parliament to scrutinise, to amend, to reject or to approve. Indeed, the scrutiny of the Executive is one of the core functions of Parliament. These complementary and distinctive roles are essential to the functioning of the constitution.
Ministers are of course accountable to Parliament for their decisions and actions, and Parliament can make clear its views. It is not, however, for Parliament to undertake the role and functions of the Executive. The constitutional convention is that Executive power is exercised by Her Majesty’s Government, who have a democratic mandate to govern. That mandate is derived from the British people and represented through this House.
Mr Speaker, when we look at this constitution, we see that we are protected by our rules, our orders and our conventions. We will remember from “A Man for All Seasons” that it is those rules, laws and conventions that protect us from the winds of tyranny, and if we take away those protections, as the right hon. Member for West Dorset proposes to do, we lose our protections. It is therefore on the basis of this convention that the Government, not Parliament, are responsible for negotiations with the European Union. Parliament as a whole cannot negotiate for the UK; that is the role of the Government, in exercising Executive power to give effect to the will of the nation.
These roles are fundamental and underpin the country’s uncodified constitution. The Government draw power from Parliament, but the Government may at any time be removed by the tried and tested motion of a confidence debate. The fact is that Parliament has not been willing to go down that route, and the reason is that the Opposition are afraid of that route and run away from it, because they do not dare have the Leader of the Opposition as the Head of Government. They are frightened. [Interruption.] The hon. Member for Brent Central (Dawn Butler) says that there is time. Let me say, as Leader of the House, that if the Opposition want a motion of confidence, this Government will always obey the constitutional convention and make time for it. But they are afraid—they are white with fear—because they do not want the right hon. Gentleman in No. 10 Downing Street.
Daniel Kawczynski (Shrewsbury and Atcham) (Con)
Does my right hon. Friend agree that if the House succeeds in stripping our Prime Minister of the key negotiating card of no deal, the likelihood of that outcome will be that much accentuated?
Mr Rees-Mogg
My hon. Friend is absolutely right; it would make the negotiations that much harder.
Let us now turn to the substance of what we are debating. Ostensibly, the purpose of the Bill is to stop no deal. But the Government want a deal. We are willing to sit down with the Commission and EU member states to talk about what needs to be done and to achieve a deal. That must involve the excision of the anti-democratic backstop. The Government have also been clear that we must respect the referendum result and that the UK will be leaving the EU on 31 October, whatever the circumstances. Unless and until the EU agrees to negotiate, we will be leaving with no deal on 31 October.
My right hon. Friend the Chancellor of the Duchy of Lancaster made a statement earlier today, in which he informed the House of all that is being done to ensure that we are ready for all eventualities. The good boy scouts that we are, we are prepared.
Several hon. Members rose—
Mr Rees-Mogg
I will definitely give way to the hon. Member for Wallasey (Ms Eagle).
Ms Angela Eagle (Wallasey) (Lab)
I thank the right hon. Gentleman for giving way. Does he not realise that, in proroguing Parliament for five weeks—the longest Prorogation, right in the middle of a political crisis, since 1945—he and his Government have deliberately prevented scrutiny that would be legitimate in this House, hence the situation we find ourselves in now? Will he now confirm at the Dispatch Box that if the Bill passes through this House and the other place, he will speed Royal Assent and that his Government will not act against the law?
Mr Rees-Mogg
I do not wish to be pedantic, but one of the constitutional niceties is that we are Her Majesty’s Government, not mine, and we are led by my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson). The important issue here is that Prorogation is a routine start for a new Session, and we are losing a similar number of days to the number we would lose in a normal Prorogation.
Several hon. Members rose—
Mr Rees-Mogg
I will give way to the hon. Member for Bradford West (Naz Shah), but she is trumped, momentarily, by the Chair of the Brexit Committee.
Hilary Benn (Leeds Central) (Lab)
I am extremely grateful to the Leader of the House for giving way. Now that Mr Speaker has made it clear that there is nothing at all irregular about his acceptance of this motion, and given that the Leader of the House accepts, as I presume he does, that the House is in charge of its own procedures, how can there be anything constitutionally irregular in the House choosing—if it passes the motion and then the Bill tomorrow—to instruct the Government that there is an outcome to the Brexit negotiations that it is not prepared to accept, which is leaving without a deal on 31 October?
Mr Rees-Mogg
The right hon. Gentleman conflates irregular and improper. The motion is unquestionably irregular, even though it is not improper—the two are different concepts, as I am sure he fully understands. It is of course for the House to regulate its own proceedings, but a fundamental principle of our constitution is that the Government command the confidence of the House. [Interruption.] Ah! From a sedentary position an hon. Gentleman says that the Government do not. Now, that is the lock that would undo this constitutional conundrum, because the House dare not say that it has no confidence in the Government—it is frightened of that—and therefore it tries to take away confidence on specifics while maintaining confidence in the generality. That is not a proper constitutional position to be in.
Several hon. Members rose—
Mr Rees-Mogg
It is very difficult to choose to whom to give way, but I did promise the hon. Lady.
Naz Shah (Bradford West) (Lab)
I am grateful to the right hon. Gentleman. He has referred many times in his speech to accountability. Within that vein of accountability, may I ask him a simple question: on what date did he become aware of the Prime Minister’s intention to prorogue Parliament?
Mr Rees-Mogg
I have been asked that question, and I understand that there are papers in court. I do not know when I was told that it was happening, although I did have to take a flight out to Aberdeen for a meeting of the Privy Council. I would need to consult my diary and my telephone records, and I would not wish to say something that was inaccurate.
Let us get back to what is happening here. I was saying that we, being good boy scouts, are well prepared for leaving with or without a deal, and it is absurd for MPs to attempt to bind the Prime Minister’s hands as he seeks to agree a deal that they can support ahead of the European Council.
The European Union (Withdrawal) (No. 6) Bill would make it harder to deliver the two things that the public want from Brexit: certainty and for it to be delivered. The Bill does not do this. It is nothing but legislative legerdemain and a vehicle for extension after extension.
Dr Caroline Johnson
My constituents in Sleaford and North Hykeham voted overwhelmingly to leave and are very concerned about this proposed Bill, which, as they see it, would block Brexit. Will my right hon. Friend confirm my understanding that if the Bill were to pass, the options available would be to the EU and that those options would be to agree a largely pointless three-month extension, which would almost certainly be repeated; to offer a deal of the EU’s choice, not negotiated by our Government; or no deal? Does my right hon. Friend agree that that is not taking back control for this Parliament or this Government, but ceding it entirely to Brussels?
Mr Rees-Mogg
My hon. Friend is absolutely right. What is happening is a deliberate attempt to sow the seed for an extension long enough for a second referendum or simply to stop us leaving at all. It is about denying Brexit, and the fact that the Bill mandates updates on negotiations and motions on those updates on a rolling 28-day basis clearly envisages either a lengthy extension or possibly indefinite vassalage. These seeds could grow into legislation to be introduced on 15 January, 12 February and every 28 days thereafter to command the Government to take specific actions. The aim is to create a marionette Government in which there is only nominal confidence, and it defies the convention in what we are doing today—a convention of great importance, that emergency legislation is passed only when there is a consensus.
Governments less benign than this one may in future learn from this process and ram through any legislation they feel like. Without consensus, those on the Opposition Benches should be very careful about emergency legislation, for they may find they are at the wrong end of it in the future. We should be trying to help the Prime Minister in his chance to negotiate, not trying to bind him hand and foot: not only do we want to be the vassal state of the European Union; we wish to send the Prime Minister, bound hand and foot, to go and negotiate with the European Union.
Several hon. Members rose—
Mr Rees-Mogg
Mr Speaker, you will be glad to know that I am drawing gently to a close, and therefore I fear that time for interventions, except from my very old friend, the right hon. Member for Hackney South and Shoreditch (Meg Hillier), the Chair of the very distinguished Committee that she is the Chair of. [Laughter.]
Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
For once, the right hon. Gentleman has made an error and over-promoted me, but I thank him for his distinctive comments.
There is a serious point here: we are a representative democracy, not a direct democracy. I take that judgment seriously, as I know do colleagues across the House. The Government do not have not have a majority and we are in uncharted constitutional territory, so it is absolutely right and proper that we exercise our judgment in the interests of the country to avoid, at the very least, a no-deal Brexit. For all the right hon. Gentleman’s talk, we must exercise that judgment, and that is what we are doing. It is entirely responsible.
Mr Rees-Mogg
I am afraid that I disagree with the hon. Lady, and I must confess that I am astonished that she is not a right hon. Member. Something must have gone wrong with the Privy Council, of which I am now Lord President, for that not to be the case. [Interruption.] Oh, the hon. Member for Rhondda (Chris Bryant) feels that he has also not been justly promoted; I am sorry.
Mr Speaker
Order. I do not think that the Leader of the House was planning to invite the hon. Member for Hackney South and Shoreditch (Meg Hillier) to join him in Balmoral, so I am not sure that it makes a great deal of difference in the immediate circumstances.
Mr Rees-Mogg
Thank you, Mr Speaker. I am afraid that the hon. Lady is wrong because there is a routine constitutional procedure to deal with the situation she describes, and that is the vote of confidence. Yes, we are a representative body, but where does our sovereignty come from? Here I am in agreement with the Scots: sovereignty comes from the people to Parliament. We hold it in trust for them and they gave us an instruction. If we follow this route, we are left with but three options: we have to accept the deal with its anti-democratic backstop; we have to keep on extending, because Parliament would never accept that we are ready to leave; or we could simply revoke and tell 17.4 million people that they were wrong.
The approach taken today is the most unconstitutional use of this House since the days of Charles Stewart Parnell, when he tried to bung up Parliament. Usurping the Executive’s right is unconstitutional; the abuse of emergency debates to do so is unconstitutional; and the Bill itself is yet more unconstitutional. A. V. Dicey said that all conventions have
“one ultimate object, to secure that Parliament or the Cabinet…shall in the long run give effect to the will…of the nation”.
These conventions are being disregarded today, and so, by extension, is the will of the nation. Parliament sets itself against the people. Sovereignty comes from the people to Parliament. It does not come to Parliament out of a void. If Parliament tries to challenge the people, this stretches the elastic of our constitution near to breaking point. We should recognise that the people are our masters and show ourselves to be their lieges and servants, not place ourselves in the position of their overlords. As we come to vote today, I hope that all Members will contemplate the current constitutional confusion and consider the chaos that this concatenation of circumstances could create.