Business of the House

Lord McLoughlin Excerpts

Wednesday 3rd April 2019 Commons Chamber

[Sir Oliver Letwin]

I therefore will not dilate on the subject, but let me just say that I did not say anything about a WTO exit. There could well be circumstances under which people were in favour of a WTO exit. What we are discussing is the question whether it would be appropriate for the UK to leave the EU next Thursday without a deal, which is a wholly different matter.

Paragraphs (14) to (18) of the motion simply prevent the mischief of the Bill being hijacked by anyone other than its promoter. Again, these paragraphs are standard fare in any business of the House motion of this kind, except that they add further provisions against dilatory motions. Some of my hon. Friends—in particular, one right at the end of the Bench, my hon. Friend the Member for North East Somerset (Mr Rees-Mogg)—are great experts at dilatory motions and are really quite brilliant at them. I hope and expect that, notwithstanding their brilliance, they have in this case been prevented from exercising it.

[Sir Patrick McLoughlin (Derbyshire Dales) (Con)]

I am intrigued by the word that my right hon. Friend used. Will he be a little more honest with the House? When he says “hijacked”, does he mean that other colleagues might seek to use the same parliamentary practice that he has done today?

[Mr Speaker]

The right hon. Member for West Dorset (Sir Oliver Letwin) is never anything but completely honest. I know that the right hon. Member for Derbyshire Dales (Sir Patrick McLoughlin) used the words loosely and I am sure that he would not for one moment suggest otherwise, because that would be quite wrong. He said, “a little more honest”. The right hon. Member for West Dorset is always impeccably 100% honest, as is every right hon. and hon. Member in the Chamber.

[Sir Patrick McLoughlin]

One of the things of which I am absolutely certain is that my right hon. Friend will be able to answer my question. Let me use the word “straightforward”, rather than “honest.”

[Hon. Members]

Withdraw!

--- Later in debate ---

The House proceeded to a Division.

[Sir Patrick McLoughlin]

On a point of order, Mr Speaker. Perhaps you could inform the House of what is happening.

[Mr Speaker]

I have never accused the right hon. Gentleman of being impatient. I was minded to do that very soon, and I completely understand why he, and everyone else, wants resolution. There was a degree of uncertainty; that explains the delay. In the circumstances, I thought it courteous and proper to ask that the two Chief Whips confer, but I did indicate that the exchange between them should be brief, so I hope to be able to announce the situation to the House extremely soon. I quite understand why the right hon. Gentleman wants to get on with matters; so do I, but I want to do so in a way that is proper.

--- Later in debate ---

[Mr Speaker]

Order. In accordance with precedent, and on the principle that important decisions should not be taken except by a majority, I cast my vote with the Noes, so the Noes have it. By casting vote, it is 311 to 310. That is the proper way in which to proceed.

Question accordingly negatived.

[Sir Patrick McLoughlin]

On a point of order, Mr Speaker. I cannot recall when this situation last happened. I am sure that you have been told of the precedent, so perhaps you would like to inform the House.

[Mr Speaker]

In my recollection—I have been saying this to audiences across the country for years, so I hope it is right—the last occasion on which the Speaker had to exercise a casting vote was in 1993. I will be corrected by the hon. Member for Stone (Sir William Cash) if I am wrong, but I believe that it was appertaining to the Maastricht treaty Bill. I say to the right hon. Member for Derbyshire Dales (Sir Patrick McLoughlin) that I am probably pushing my luck here in the face of such an established authority as the hon. Member for Stone, but I think that it was on an amendment in the name of the then Leader of the Opposition relating to the social chapter. Speaker Boothroyd cast her vote in the way that she did, against that amendment.

The rationale—I say this as much for the benefit of new Member as of others—for the exercise of the casting vote is, as I have said, that it is not for the Chair to create a majority that does not otherwise exist. The way in which the casting vote is exercised also depends on the stage at which a matter is being aired. For example, it could be, and probably would be, exercised differently on Second Reading of a Bill, because there is an important principle of encouraging further debate. It might then be used to send a Bill into Committee when it is not going to get on to the statute book straight away. If it was the final stage of the Bill, the casting vote would be against. In a situation in which a decision would be made that a day would be allocated for particular business, I judge that it is not right for me to make that decision if the House has not done so by a clear majority. I hope that that is clear and generally acceptable.