Leaving the EU: No Deal

Debate between Keir Starmer and Chris Bryant

Wednesday 19th December 2018 Commons Chamber

[Keir Starmer]

I do agree, and at this stage of the negotiations, what I think should happen is that the deal should be put to a vote and the vote taken, and then we should have a grown-up conversation about what the real options are and stop pretending that some sort of managed no deal is the default position. It is not, and this House will never accept that it is the default position.

[Chris Bryant (Rhondda) (Lab)]

My right hon. and learned Friend has said several times—and I understand why—that this House will not allow the Government to proceed on the basis of no deal, but one of the difficulties that we have, as we have seen over the last fortnight, is that the power of the Government to manage the business and completely ignore any motions of this House that are not legally binding is quite phenomenal. Do we not need to address that inherent problem in our system if we are really going to have a chance of success?

[Keir Starmer]

That is a very powerful point, and what the last few weeks have shown are some of the inadequacies in the procedures of this House. The idea that the Government can simply not move their business and do not have to have a vote on it is not acceptable. The fact that we have to have an SO 24 debate on an issue of this significance, because we cannot force a statement, shows the inadequacies.

The only other thing I would say on that very important point is this: given that there have to be at least 51 changes to legislation—even on the Government’s own analysis—under the 106 technical notices, there will be opportunities for amendments in this House, unless the Prime Minister says, “I am simply not going to take any business until April, of any sort whatsoever.” I do not think that this Prime Minister would do that. I knew her when she was Home Secretary and I was Director of Public Prosecutions. I know how seriously she takes security and counter-terrorism issues. I do not think that this Prime Minister would try to force no deal on this House without the necessary precautions—even on her own case—with legislation.

EU Withdrawal Agreement: Legal Advice

Debate between Keir Starmer and Chris Bryant

Tuesday 13th November 2018 Commons Chamber

[Keir Starmer]

I am grateful for that intervention. I had the privilege of working with the right hon. and learned Gentleman when he was Attorney General, so I know how carefully he attended to his work.

[Chris Bryant (Rhondda) (Lab)]

Will my right hon. and learned Friend also be clear that this must extend to Parliamentary Private Secretaries, who are not members of the Government and are not bound in the same way under the ministerial code? Ministers tend to refer to bits and pieces of the legal advice, which is why it is important to see the whole of the legal advice in the round.

[Keir Starmer]

I am grateful for that intervention and agree on both fronts, particularly on summary or editing. In my time as a lawyer, I saw various attempts to edit or summarise legal advice. Even done with the best of intentions, it can lead to some misinterpretation of the advice that has been given.

There is a convention, but it is subject to exceptions and this is an exceptional case. There is good reason and good precedent for publishing this advice, and it is the right thing to do. I think there is growing cross-party support for that, and rather than fighting this unnecessary battle with Parliament, the Prime Minster should accept the motion and agree to publish the full advice.

European Union (Withdrawal) Bill

Debate between Keir Starmer and Chris Bryant

Thursday 7th September 2017 Commons Chamber

[Keir Starmer]

It is not as if this point is being made for the first time today: these are the points that have been made since the White Paper was published—the moment we dealt with it. That was in March, the Bill was published in July, and there have been numerous reports since then, and I raised at the time the significant issues I am raising now, and there has been no move from the Government.

[Chris Bryant]

The key point about clause 9 is that the Government have asked Parliament to allow them to alter the Bill themselves by secondary legislation once it has been enacted. If we look through the history of the 20th century, we will not find a single Bill that has ever sought to do that—not in time of war and not in time of civil emergency. In fact, every single emergency powers Act has expressed said that there shall not be a power for Ministers to alter primary legislation.

[Keir Starmer]

I am grateful for that intervention. It powerfully—