Update to Parliament

Baroness Symons of Vernham Dean Excerpts

Wednesday 25th September 2019 Lords Chamber

[Baroness Evans of Bowes Park]

My noble friend is right that this was a complex matter. As I said in an earlier answer, there were differing views among different courts and senior and distinguished lawyers. However, as the noble Baroness said, the Supreme Court came to a unanimous verdict. As the noble and learned Lord, Lord Judge, said, the ruling will have a long-reaching and long-lasting impact, and we will all reflect on that over the coming months.

[Baroness Symons of Vernham Dean (Lab)]

My Lords, what I am about to say in no way reflects on the noble Baroness’s good faith. I do not think that anybody in this House has any doubt that she is doing her best. Personally, like my noble friend Lord Winston, I genuinely feel extremely sorry that she has had to deliver such an extraordinary rant to your Lordships. I say very gently to her I am sorry, too, that she was not here for the three earlier debates this afternoon. I know that it is difficult to prepare for questions—I have been Deputy Leader of the House and know exactly what it is like when you are in a difficult situation—but she really might have listened in person to some of what was said, and then she might have been able to understand the feeling of this House about what has happened.

The Supreme Court’s judgment was not nuanced. As we all know, it was completely unanimous. I do not know whether the noble Baroness listened to the judgment by the President of the Supreme Court. It was extraordinarily lucid and absolutely clear. You did not have to be a politician to understand it, because it was very clear what was being said by all 11 judges. They are not all politically fixed; they have many different backgrounds. It was unequivocal, and nothing in the Statement acknowledges that.

I have two questions for the noble Baroness; I am sorry because I expect they are rather difficult to answer. She is a member of the Cabinet and says she was told by the Attorney-General that the proroguement was lawful. Did she see the Attorney-General’s advice? That is the crucial question that the noble Baroness has to answer. Did she ask to see the advice, and did she see it? Or, like Amber Rudd, did she ask to see it, was told that she would see it and believes that it was intercepted by Downing Street?

Secondly, was the issue of the proroguement discussed in Cabinet? Was it discussed round the Cabinet table, not in little side conversations, or did the Prime Minister seek to do the same thing that he has done with Parliament—bypassing Parliament and the Cabinet too? Those are two very straightforward questions which really deserve yes or no answers.

[Baroness Evans of Bowes Park]

In relation to the noble Baroness’s point about the decision, I have said repeatedly that we accept the judgment and we accept that we lost the case. I will not comment on Cabinet discussions—I never have, and I am not going to start now. As I said, I was not stopped from seeing the legal advice; I sought and received confirmation of it from the Attorney-General and that he believed that the advice was lawful.

[Baroness Symons of Vernham Dean]

Did you ask for the advice?

[Baroness Evans of Bowes Park]

I did not ask for the advice; I accepted the word of the senior law officer that in his view it was lawful and constitutional. I am not a lawyer and I took that in good and sound faith and believed at that point that his advice was lawful. Indeed, as we have said, other distinguished lawyers agreed. The Supreme Court has made a ruling that is different—we accept that and we will abide by it. When I went to the Privy Council meeting, I did it on the back of the legal advice that the senior lawyer had given.