Business of the House

Debate between Lord Clarke of Nottingham and Andrea Leadsom

Monday 1st April 2019 Commons Chamber

[Andrea Leadsom]

The right hon. Gentleman quotes selectively from the Attorney General’s comments. All I can say is that the Government have concerns about the precedent that this sets, and they are legitimate concerns. Opposition Members may one day be in a position to be concerned about parliamentary conventions and dangerous precedents.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

When the Leader of the House last made this point, I pointed out that the Prime Minister promised that if her deal was not passed, she would find time and make arrangements for the House to have indicative votes. Had the Government done that, the procedural point that the Leader of the House raises would never have arisen. Having got where we are, and given the situation the country is in, will the Leader of the House reconsider indicating that the Government still intend to resist anything that the House passes that they do not approve of? The whole thing could have been sorted out if the Government’s promise to put their own arrangements for indicative votes in place had been honoured.

[Andrea Leadsom]

My right hon. and learned Friend has a slightly different recollection from my own. Indeed, the Prime Minister did say that she would seek the views of this House, but my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) came forward with his motion prior to the Government being able to do so. The Government respect that, but are concerned about the precedent.

Last week, the House considered a variety of options as a way forward and will do so again today. What was clearly demonstrated last week is that there is no agreed way forward, but urgent action is needed. I continue to believe that the deal the Government have negotiated is a good compromise that delivers on the referendum, while protecting jobs and our security partnership with our EU friends and neighbours.

Business of the House

Debate between Lord Clarke of Nottingham and Andrea Leadsom

Wednesday 27th March 2019 Commons Chamber

[The Leader of the House of Commons (Andrea Leadsom)]

Mr Speaker, I rise briefly to respond on behalf of the Government. First, I am grateful to my right hon. Friend the Member for West Dorset (Sir Oliver Letwin), who has sought to ensure that the Government’s business for today, a very important statutory instrument that regularises the legal position vis-à-vis our exit day from the European Union, is able to be addressed.

The Government are disappointed that the amendment in the name of my right hon. Friend and others was agreed by the House on Monday. A clear commitment had been made by the Government to provide time for the House to find a majority for a way forward. I take my role as Leader of the House very seriously. I have always been very clear that the Government will listen carefully to Parliament, but today’s motion is an extremely concerning precedent for our democracy.

[Mr Kenneth Clarke]

Will my right hon. Friend give way?

[Andrea Leadsom]

I will not take any interventions, because this is a Back-Bench day in the name of my right hon. Friend the Member for West Dorset.

For many years the convention has been that it is for the Government, as elected by the people, and with the confidence of this House, to set out the business. It is for Parliament to scrutinise, to amend, to reject and to approve. What today does is effectively turn that precedent on its head: those who are not in Government are deciding the business, and there are inevitable—

Privilege (Withdrawal Agreement: Legal Advice)

Debate between Lord Clarke of Nottingham and Andrea Leadsom

Tuesday 4th December 2018 Commons Chamber

[Andrea Leadsom]

I agree with my hon. Friend that the House needs to exercise some caution, and I wish to explain precisely why.

The issue we are debating today is the Government’s duty to protect Law Officers’ advice in the national interest. The House has previously recognised the importance of the principle that information cannot always be disclosed. This is always guided by the need to protect the broader public interest. This is directly reflected in the Freedom of Information Act 2000, brought in under a Labour Government, which sets out a careful scheme for balancing the twin imperatives of transparency on the one hand, and of safeguarding the public interest on the other. The consequences of not following those principles are obvious. The House might request, by way of a Humble Address, information that could compromise national security or which might put the lives of our troops in danger.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

Obviously, parliamentary sovereignty and the duty of Government to obey motions is extremely important to the House, but my right hon. Friend is rightly describing the other problem of the confidentiality of legal advice, which Labour and Conservative Governments need as well. Is there not a sensible solution to this, as opposed to this current party political exchange? The Opposition could agree to receive a confidential briefing on Privy Council terms, look at the documents and have the Attorney General point out those parts that, in everybody’s view, might damage the national interest or damage the negotiating position of any Government of any party, and in effect agree to redact the documents. The politically embarrassing bits, which are what the Opposition are after, and all the rest of it can come out.

Both the conventions—that the House must be obeyed and that the Attorney General’s legal advice should be confidential—should be protected, and that is a possible way of reconciling them.

[Andrea Leadsom]

I am grateful for the advice of the Father of the House, but he will appreciate that the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) wants all legal advice to be put into the public domain without any attempt to protect the national interest.

Business of the House

Debate between Lord Clarke of Nottingham and Andrea Leadsom

Thursday 1st November 2018 Commons Chamber

[Andrea Leadsom]

I am sorry that the hon. Gentleman is disappointed. He will realise that it was important to prioritise the Budget debates this week. Standing Orders specify that the Backbench Business Committee is allocated 35 days each Session, and, as I acknowledged last week, although this is an extended Session, the Committee has already had more than the number specified in the Standing Orders. I will work closely with him, however, to find other dates.

I point out gently that in response to requests from hon. Members for Government time to be given to debates that have also been priorities for the Backbench Business Committee, we have held debates on subjects such as the use of folic acid, the centenary of Armistice Day and, importantly, road safety, which I know the hon. Member for Bradford South (Judith Cummins) has been keen to pursue. I hope that the hon. Gentleman will bear with me, and I of course will seek Back-Bench time as soon as possible.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

The Leader of the House, in replying to the hon. Member for Perth and North Perthshire (Pete Wishart), confirmed that we are going to have a meaningful vote on the Government’s agreement when it comes back from Brussels, and she confirmed that we are going to have meaningful votes, because there will be amendments to that motion. She was of course right to say that the Government cannot ratify the draft agreement if this House rejects it, but does she accept that the meaningful votes on the amendments mean that if an amendment is passed, the Government will feel that they should go back to Brussels and try to negotiate a deal as amended by the majority of this House? I hope she is not reverting to the argument “It’s the deal we’ve got or no deal at all,” which the Government were defeated on when we debated the withdrawal Bill earlier this year.

[Andrea Leadsom]

My right hon. and learned Friend is absolutely right to point out the facts of the case, which are that the Government will bring forward a vote on the deal that they have negotiated, it will be an amendable motion of the House, and should the House amend that motion, the Government would take action on those amendments. However, I must point out to the House again that having negotiated a particular deal with the European Union, it may well not be possible for the Government to proceed on the basis of an amended motion. Whether the House will be asked to decide whether it agrees that the Government negotiate on the basis of the agreed deal will be a matter for the House.

Business of the House

Debate between Lord Clarke of Nottingham and Andrea Leadsom

Monday 16th April 2018 Commons Chamber

[Andrea Leadsom]

As I have already said, the Prime Minister has just answered questions for three and a quarter hours. She gave individual responses to individual questions, which is a much more detailed response than in a general debate. We are now looking forward to the urgent debate put forward by the hon. Member for Wirral South (Alison McGovern), and that is what we are all waiting for.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

I have been asking myself for some days why the Government would not table a substantive motion in this House and put the matter to a vote. I cannot rid myself of the unworthy suspicion that there may have been some doubts as to whether we would get a majority for it, and whether we might repeat the 2013 experience.

Does my right hon. Friend agree that, having listened to three and a half hours of questions—a performance by my right hon. Friend the Prime Minister of outstanding endurance and assurance—it is quite obvious that there is a large majority in this House in favour of the action that the Government have taken? Will the Leader of the House discuss the matter further with colleagues and lay any fears on one side? We would be in a stronger position if the House gave a big majority for the action.

[Andrea Leadsom]

I am very grateful to the Father of the House for his advice, and I will, of course, take it away.