Parliamentary Buildings (Restoration and Renewal) Bill

Tom Brake Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 21st May 2019 Commons Chamber

[Andrea Leadsom]

I will make a bit of progress and then take some more interventions.

Over the decades, there have been countless water leaks, floods, sewage leaks, and lighting and power outages, and these incidents are about much more than inconvenience. They demonstrate the rapidly deteriorating state of the Palace and the increasingly urgent need to act. The restoration of the Palace should have started literally decades ago, and the House authorities are now managing far too many serious risks, at great cost to the taxpayer. My concern is that the pace of deterioration is now much faster than our ability to patch and mend.

Only last week, I went on a tour of the basement, and it is clear that the Palace is not fit for purpose in the 21st century. There are widespread mechanical and electrical faults. There are wi-fi issues that disrupt parliamentary business all day long, every day. Paint is peeling off the walls in the basement, revealing the asbestos that it was designed to conceal, at great risk to the health and safety of visitors and Members. There are 15,000 people who work in this place, and we have more than 1 million visitors a year. We have a duty to their health and safety.

There are many mice running freely through the cafés while people are eating. One has even taken up residence in my office and rustles around in my bin of an evening. There is no doubt: we need a cost-effective programme of work to restore one of the most famous buildings in the world and the home of our democracy.

[Tom Brake (Carshalton and Wallington) (LD)]

I commend the Leader of the House for grasping this issue, which has been around for many years, and progressing it. Does she agree that it is important for Members to also engage in the northern estate programme, which is a precursor to the restoration and renewal programme? I draw the House’s attention to two sessions coming up on 11 June and 18 June. At the first, Members’ accommodation will be considered, and at the second, Members’ facilities will be considered. We want to hear from Members on that programme as well.

[Andrea Leadsom]

I pay tribute to the right hon. Gentleman, who is the spokesman for the House Commission and has supported the work to get this Palace restored. He is right to point to the work under way on not only Richmond House as the temporary decant but the northern estate programme. Unfortunately, some of the other buildings used by Members require urgent upgrades to wiring, plumbing, air conditioning, bomb-proofing and so on. He is right to draw the House’s attention to the need for all Members to provide their feedback on our plans to upgrade those buildings.

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[Andrea Leadsom]

My right hon. Friend makes an absolutely vital point. First, in planning its consultation the Sponsor Body—as I have mentioned, made up of seven parliamentarians and five external members—will look very carefully at the report she has produced, but at the same time the Bill contains very clear provisions that specific focus on accessibility should be a core part of the work. However, we do not want to force too many strictures on the Sponsor Body, which will legitimately have a requirement to consult all Members and take their views into account before deciding who to consult further.

[Tom Brake]

rose—

[Andrea Leadsom]

I want to make a bit of progress, then I will give way again.

I also want to acknowledge the right hon. and hon. Members who, like myself, arrived at this issue with a degree of scepticism, and have since carefully considered the issues that we face and concluded that the right decision, and the bold decision, is to take action before we run out of time. So the Bill’s Second Reading today, and its subsequent passage through both Houses, offers Parliament a unique opportunity to save this iconic and, to many, beloved building.

Since becoming Leader of the Commons, I have been determined to see the restoration project succeed. In early 2018, motions were brought before both Houses that gave the R and R programme its broad direction, with the House agreeing to a full decant over any of the other options. That moved the programme forward in the most substantial way to date, so the Sponsor Body, made up of seven parliamentarians and five external members, was established in shadow form in July 2018. It is currently taking forward the preparatory works needed. The draft Parliamentary Buildings (Restoration and Renewal) Bill was published in October 2018, to enable the governance arrangements needed for the R and R project to be put in place, and a Joint Committee under the excellent chairmanship of my right hon. Friend the Member for Meriden has undertaken diligent work in scrutinising the draft Bill. The Joint Committee reported on 21 March 2019 and we have taken on board many of its recommendations.

[Andrea Leadsom]

I am grateful to the hon. Gentleman for his contribution to the Joint Committee. As I said to him outside the Chamber, I will happily look at any proposal that he wants to put forward. Just to be very clear, however, the Palace of Westminster is a unique, world-famous building. It is owned by the people of the United Kingdom. It is not a London-centric project. It is one of the most visited and photographed buildings in the world, it has over a million visitors a year, and it is absolutely vital for the entire United Kingdom that we do not allow it to fall to rack and ruin.

I turn my attention to the Bill before the House. It is crucial in establishing the necessary governance arrangements to provide the capacity and capability to oversee and deliver the restoration and renewal of the Palace. Both Government and Parliament are determined to ensure that the R and R programme represents the best value for money for the taxpayer, and that will be a guiding principle as we take the Bill forward. It is imperative that Parliament keeps the costs down.

The Bill will put in place significantly more transparency and rigour around the funding of this programme. As a Government, we are working with Parliament to facilitate the right combination of checks and balances within the governance structure to properly deliver the programme. The Bill creates a Sponsor Body that will act as the client on behalf of Parliament, overseeing the delivery of the R and R programme. The Sponsor Body will form a Delivery Authority as a company limited by guarantee to manage and deliver the programme. The design of the governance arrangements in the Bill draws on best practice from the successful delivery of the London 2012 Olympics.

[Tom Brake]

Will the right hon. Lady give way on that point?

[Andrea Leadsom]

I shall make a bit more progress, if the right hon. Gentleman will forgive me.

However, in formulating the governance arrangements, it has been essential that Parliament as the client has sufficient oversight of the programme. That is why the Bill also establishes how the works will be approved by Parliament. In particular, Parliament will be asked to approve the overall design, timeline and cost of the works, as well as the budget. The Government are determined that the work will deliver the best possible value for taxpayers’ money, so the Bill creates the Estimates Commission, which will be responsible for reviewing and laying before the House of Commons the Sponsor Body’s estimates of expenditure. It is through these annual estimates that the programme will be funded, and approved by Members of Parliament. In addition, the Bill puts in place a number of financial controls. They include requiring the Estimates Commission to consult HM Treasury on the annual estimates for the funding of the R and R programme, and to have regard to any subsequent advice that it gives.

We are confident that the arrangements being put in place will deliver the necessary restoration works, and at the same time protect public money.

[Tom Brake]

rose—

[Andrea Leadsom]

I give way to the spokesman for the House of Commons Commission.

[Tom Brake]

The Leader of the House has referred a number of times to the Olympics, which has some similarities to this project. One reason why that project was so successful was that Tessa Jowell did a fantastic job of engaging all the Opposition parties, securing their agreement. Now the Leader of the House is engaging in the same process but, as I understand it, there is about to be a leadership contest in her party. Clearly, if she becomes leader, she will be committed to this project. Has she secured the support of all the other potential leaders of her party, to ensure that the project can reach completion in 2031 or thereabouts?

[Andrea Leadsom]

I am grateful to the right hon. Gentleman for raising that point, because of course this project is a parliamentary project; it is not a project for Government. Very specifically, I have taken steps to ensure that the Bill will succeed any changes of leadership, any changes of Government, so that we will be back in here in the 2030s, under the sponsorship and leadership of Parliament as a House. The right hon. Gentleman is absolutely right. Consultation—cross-party, cross-House—is absolutely key to the success of this project, because there is no doubt that by the mid-2030s, even the next leader of the Conservative party may still not be around.

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[Christian Matheson]

I am most grateful to my hon. Friend for that suggestion. I had not realised until recently that it was only a temporary building. It has become such an important and integral part of Parliament’s work, and her suggestion is well made and I hope will be well listened to.

Let me turn to environmental sustainability. I was delighted that Parliament recently passed the Labour party’s historic motion declaring a climate emergency. It is important to consider the environmental impact of the restoration and renewal works. Designs for the buildings incorporated into the northern estate programme, and those being planned for restoration and renewal, emphasise the high efficiency of equipment and operational energy use and electricity as the principal power source, based on projections of future grid decarbonisation.

The Committee on Climate Change’s report, “Net Zero—The UK’s contribution to stopping global warming”, recommends an emissions target of net zero greenhouse gases by 2050, and Parliament has a plan for that. I understand that within the necessary constraints of heritage and conservation planning the refurbishment will support the energy efficiency of the buildings involved, using more energy-efficient building fabrics, including, where feasible, in the Palace of Westminster. However, environmental sustainability must now be locked into the heart of every decision we make.

The illegal practice of blacklisting is an issue that hon. Members have raised in the House, as have I. I remind the House of my entry in the Register of Members’ Financial Interests: I am a member of and have gratefully received support from the Unite and GMB trade unions. While this is a matter for the Delivery Authority, we must remember that the practice of blacklisting is illegal and has caused untold harm to people’s lives. We have a wonderful opportunity to invest in people’s futures by upskilling them. We can harness the current skills of specialists from around the UK and train and encourage more young people, especially women, into this area. We must also send out the clear message that this is a prestigious project and that companies that have been involved in blacklisting construction workers will not be welcome to submit bids. I hope that hon. Members on both sides of the House will support this position.

[Tom Brake]

I congratulate the hon. Gentleman on his work on blacklisting. He raises the matter with me regularly. Does he agree that investment in skills must be a priority if the UK is not to need to import a lot of people, probably from the EU, to work on things as varied as the carvings, the masonry and the windows? If we do not invest in skills now, those people will simply not be there.

[Christian Matheson]

I absolutely agree. I hope we can also see this as an opportunity to train people in situ during the project, but someone has to do the training itself, so we will certainly have to upskill our people.

Business of the House

Tom Brake Excerpts

Thursday 11th April 2019 Commons Chamber

[Andrea Leadsom]

I join the hon. Gentleman in commending that arts centre for its work for young people. It is absolutely vital that young people get to enjoy the wonders of music and taking part in performance, and I totally commend all those who seek to make that happen.

[Tom Brake (Carshalton and Wallington) (LD)]

I, too, welcome the hon. Member for Newport West (Ruth Jones). I would like to reassure her that Parliament and governance is not always like this—intent on self-destruction. How soon after the talks between the Government and Labour collapse will the Leader of the House be able to bring forward indicative votes? Will she allow an indicative vote to take place that allows the Prime Minister’s deal to be linked to a people’s vote?

[Andrea Leadsom]

We had a people’s vote in 2016. The result of that was clear. We will be leaving the European Union just as soon as we have been able to find a way forward that works for the United Kingdom and for our EU friends and neighbours, and that this House can support.

Business of the House

Tom Brake Excerpts

Monday 8th April 2019 Commons Chamber

[Andrea Leadsom]

In raising that matter, my hon. Friend is inviting me to involve the monarchy in this question, and I am afraid that it is not something I am prepared to do, other than to say that Royal Assent is given at the convenience of Her Majesty.

[Tom Brake (Carshalton and Wallington) (LD)]

May I press the Leader of the House on indicative votes? When will we be able to have them, and will they include the option of linking the Prime Minister’s deal to a people’s vote?

Business of the House

Tom Brake Excerpts

Monday 1st April 2019 Commons Chamber

[Tom Brake (Carshalton and Wallington) (LD)]

It is because the Government have lost the confidence of the House that this business motion is before us. After 1,012 days of trying to find a solution, they have completely failed to do so. This is day 2 of Parliament’s attempt to find a cross-party solution to the Brexit dilemma. I hope that we shall be successful on day 2, but if we are not, and if we pass the business motion—as I hope we will—we shall also have day 3 on which to resolve this matter, and I hope that we shall be successful then.

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[Mr Rees-Mogg]

I will not give way again, because others wish to speak—apologies. The motion is discourteous to you, Mr Speaker, limits time for debate and is fundamentally against the constitution.

[Tom Brake]

On a point of order, Mr Speaker. I wonder whether the hon. Member for North East Somerset (Mr Rees-Mogg) would like to correct the record, because it is clear from the tweet from the AfD that he retweeted that he was endorsing the statement that had been made by that member of a far-right party in the German Parliament.

[Mr Speaker]

The answer to that is that every Member is responsible for the truth of what he or she says in the Chamber. If a Member feels that he or she has inadvertently erred, it is incumbent on the Member to correct the record. The hon. Gentleman will have heard what the right hon. Gentleman has said and will make his own judgment as to its merit.

Business of the House

Tom Brake Excerpts

Wednesday 27th March 2019 Commons Chamber

[Sir Oliver Letwin]

The hon. Lady is absolutely right that paragraph (2), which I have not yet had time to talk about because of taking interventions, does indeed book a slot for Monday. The reason why is that I think there is quite a high chance that at the end of today’s votes, despite the best endeavours of the promoters of each of the motions that fall to be debated and voted on, they may not receive majority backing. Perhaps the hon. Lady was not present, but I said during the debate on my amendment (a), very specifically—this point was echoed by many of her hon. Friends in their remarks about amendment (a)—that we all recognise the fact that the first time round, it is very likely that there would not be a natural majority for one proposition or another and that we should therefore regard this as a process and not as a single point in time. I did also specifically say that I therefore anticipated that we would need a further day. In many discussions and interviews, many of us who have proposed the business of the House motion today and who were supporting amendment (a) have made that point. There is no novelty to it; it is simply carrying through what we said would be the case.

[Tom Brake (Carshalton and Wallington) (LD)]

Further to the intervention from the hon. Member for Vauxhall (Kate Hoey), does the right hon. Gentleman not agree that given that the Government have spent over 1,000 days on getting to where we are now, it would not be unreasonable for the House to have one more day to try to resolve this matter?

[Sir Oliver Letwin]

I do rather agree with the right hon. Gentleman about that. This is not the main burden of what I want to say today, but I share what may be his regret that about two and a half years ago, the Government did not take steps to create a cross-party consensus on this matter. The Irish Taoiseach did exactly that and put himself in a much stronger position as a result. When all this is over and hopefully we have arrived at some sensible way to deal with the whole Brexit issue, I hope that the whole nation will learn that lesson and we will realise that when we have great national undertakings, it makes sense to try to get a cross-party consensus about how to take them forward.

Speaker’s Statement

Tom Brake Excerpts

Monday 18th March 2019 Commons Chamber

[Mr Speaker]

I did indicate to earlier inquisitors that everything depends on the circumstance. Is the proposition fundamentally the same, or can it be argued that, in the circumstances of the time, it is a different proposition? I would have to look at that in the circumstances of the time. Is it a relevant factor to be considered? Of course it is, and that is why I have articulated the convention in the way I have done.

[Tom Brake (Carshalton and Wallington) (LD)]

On a point of order, Mr Speaker. First, are you able to update the House on any sanctions that might have been applied since 1604 to any Governments who have sought to re-table the same motion, and what such sanctions are available to you today? Over a number of months, we have tabled a succession of amendments in relation to a people’s vote, and I want your reassurance and clarification that there is nothing in what you have said that precludes our pressing another amendment on the matter of a people’s vote.

[Mr Speaker]

As I have just said to the right hon. Member for Harlow (Robert Halfon), it depends on the context or the circumstances. I cannot yet know in what situation a proposition may be put.

The right hon. Member for Carshalton and Wallington (Tom Brake) asks me about sanctions. I am not aware of any particular sanctions, other than that if a proposition is judged to be the same or substantially the same, it will not find its way on to the Order Paper. There may be instances in which this has been dishonoured or inadvertently neglected, but I referenced in my statement the fact that the absence of Speaker intervention since 1920 is attributable not to the discontinuation of the convention, but to general compliance with it. For the most part, the convention has not been invoked in respect of Governments, but I would argue that that is not least because, on the whole, Governments have tended to comply with the convention.

Business of the House

Tom Brake Excerpts

Tuesday 12th March 2019 Commons Chamber

[Mr Speaker]

If it is helpful, I can inform the House that I understand that the Government’s motion for tomorrow’s debate has now been tabled. Colleagues who are thinking of tabling amendments, or who simply want to study the motion in the Table Office, have the opportunity to do so if they wish.

[Tom Brake (Carshalton and Wallington) (LD)]

For the benefit of everyone in the Chamber, it really would be extremely helpful if the Leader of the House would confirm whether protected time will be available for the debate tomorrow. We do not want it to be scrunched into a very short period of time. There may be urgent questions and statements and we may be left with perhaps a matter of minutes. We do not want a repeat of last night, when the Minister for the Cabinet Office came to make a key statement at 10 o’clock at night, and then to be left with very little time to assess the implications before the following morning. May we have a guarantee that protected time will be available? It is not an unreasonable demand.

[Andrea Leadsom]

As the right hon. Gentleman will know, a motion of this House is amendable. It is for the House to agree the timetable for tomorrow’s discussion.

Proxy Voting

Tom Brake Excerpts

Tuesday 22nd January 2019 Commons Chamber

[Andrea Leadsom]

The hon. Lady raises an important point. As we have discussed in the two debates and several urgent questions on this in recent months, some people believe that proxy voting should be extended, but nevertheless, there is cross-House agreement that the pilot should be restricted to baby leave, which covers a critical and unique period of life. However, I agree that, once the Procedure Committee’s review is under way, we should consider whether other matters should be included.

[Tom Brake (Carshalton and Wallington) (LD)]

I welcome the Leader of the House’s statement. It starts to reduce the perception that the mother of Parliaments is frozen in time, although of course, if a Member shouts “Object” on Monday, that perception will be reinforced. Will she join me and others in all parties who campaign for other reforms, such as ensuring that there is adequate seating in the Chamber for all Members, electronic voting and, indeed, job sharing for Members of Parliament?

[Andrea Leadsom]

I am always interested to hear hon. Members’ views. I would be happy to discuss that with the right hon. Gentleman, but he will realise that such change would require the whole House to concur with his ideas for reform.

Business of the House

Tom Brake Excerpts

Thursday 20th December 2018 Commons Chamber

[Andrea Leadsom]

My hon. Friend raises a very important point. We know that the high street is changing and that more people are using online shopping routes. On the other hand, we also know that Britain’s retailers support over 3 million jobs and contribute over £90 billion to our economy, so it is absolutely right that we do everything we can to support them. She observed that we are cutting business rates, but pointed out that that has not helped in her own constituency. I would say to her that the Government and retailers come together through our Retail Sector Council. I encourage her to raise this in the Finance Bill debate on the second day back from recess, when she can discuss directly with Treasury Ministers what more can be done.

[Tom Brake (Carshalton and Wallington) (LD)]

Will the Leader of the House make time available for a debate in which I am sure she, the Secretary of State for Work and Pensions and, indeed, the Prime Minister would like to take part in order to set out their different or respective views on where next for Brexit? Such a debate would highlight the rather clueless, rudderless, fractured nature of our Government’s position on Brexit, thereby, I am absolutely certain, causing the Leader of the Opposition with immediate effect to sign the cross-party motion tabled by the SNP, Plaid Cymru, the Green party and the Liberal Democrats—early-day motion 1943, the motion of no confidence in the Government—which I am sure the Leader of the House would want to make time available for us to debate.

[Andrea Leadsom]

I am not quite sure what the question was, but let me just say that the Government’s policy is absolutely clear: we will be leaving the European Union on 29 March 2019. The Prime Minister is working very hard on getting the changes that can secure the confidence of the House in her proposal, which will give certainty to businesses, travellers and people right across the United Kingdom about our future as we leave the European Union.

Privilege (Withdrawal Agreement: Legal Advice)

Tom Brake Excerpts

Tuesday 4th December 2018 Commons Chamber

[Ms Nadine Dorries (Mid Bedfordshire) (Con)]

I apologise at the start, because I will have to absent the Chamber quickly to chair the Finance (No. 3) Bill Committee.

I begin my short remarks by referring to the comments made on the radio this morning by the right hon. Member for Carshalton and Wallington (Tom Brake). He conflated the Iraq war debate and the legal advice that was then issued with what is happening now, but the advice that was then issued, wrongly, by the previous Administration and that resulted in Members of this House going into the Lobbies misinformed and without the required information was about the legalities of the Iraq war, whereas this, as the Attorney General made clear yesterday, is a political decision, not a legal decision.

[Tom Brake (Carshalton and Wallington) (LD)]

The comparison was about the risk of cherry-picking, and I do not think anyone would argue. On the Iraq war, the position set out by Lord Goldsmith cherry-picked the advice to maximise the Government’s position and to press their case.

[Ms Dorries]

I do believe that the two issues were conflated and that that was used to argue for revealing the legal information on the wrong predication.

I have been in a quandary about the vote today. I would like to see the full legal evidence, as I am sure everybody in the House would, but there are conventions and other people to consider, and civil servants fall into that category. They serve us all with true and absolute independence. I do not know how any Government would ever be in this place if we could not depend absolutely on the impartial legal advice we receive from civil servants. If this motion was passed today, what civil servant or legal adviser would ever want to advise any future Government without first putting in place a filter of self-preservation, by considering the advice they give? Who would want to do that as a civil servant? Although I would love to see this legal advice, we have a duty to consider others: the people who serve both the public and us. I have 100% respect for civil servants. They work amazingly hard; they are truly independent; and they serve us without any political bias, and that should absolutely be considered.

On the public interest and the points the Attorney General made yesterday, none of us, apart from him and a select few, knows whether there are any issues in that legal advice that pertain to intelligence, national security or any other of those issues. I have to assume only that when he spoke yesterday about public interest, he was talking in the much broader context. This is an important issue. As he said yesterday,

“There is no procedure by which this House can have redactions or entertain circumstances in which it could weigh the competing public interest against the interest in disclosure, as a judge would do.”—[Official Report, 3 December 2018; Vol. 650, c. 557.]

Given what happened with the publication of the summary of the legal advice during the Iraq war, this inevitability that is happening today should have been foreseen then. We live in a changing world, one where people demand transparency and have a right to know all the full information. I believe that a resolution should have been passed in this House to give powers to this House—after all, Parliament is a court—and a process in this House whereby this House, probably through the authority of your office, Mr Speaker, via the Clerks and independent judicial advice, should be able to take a decision and redact matters of national intelligence and security from legal advice, so that people in this House can see legal advice. I hope that as a result of what has happened today, and given that demands to see legal advice will be made again in the future, the House will take cognisance of that and decide to pass a resolution that will ensure that we do not find ourselves in this position again.

As far as I am concerned, we have been told the worst; the Attorney General pulled no punches. He said:

“There is nothing to see here.”—[Official Report, 3 December 2018; Vol. 650, c. 557.]

But he told us what needed to be seen, so let me again quote his words. He said:

“There is therefore no unilateral right for either party to terminate this arrangement. This means that if no superseding agreement can be reached within the implementation period, the protocol would be activated and in international law would subsist even if negotiations had broken down.”—[Official Report, 3 December 2018; Vol. 650, c. 547.]

He told us the worst: we will be in the backstop in perpetuity. That was as bad as it gets. If we cannot withdraw from the backstop following the decision of this House, we are trapped, as somebody said from a sedentary position yesterday. I believe that no MP with any conscience, given what the Attorney General told us yesterday, could vote for the withdrawal agreement, because he pulled no punches—he told us the worst it can be. I commend him for that.

I want to finish, because I have to, with a comment about us. I listened to the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) when he said what he said at the Dispatch Box. One day, and I hope he is white in hair and long in tooth before he gets there, he may be the Attorney General, and his words may come back to haunt him at some time in the future. I have watched him many times and I could see that thought going through his mind. As a former legal adviser to one of most eminent law firms in the country, he knows full well, when he stands at that Dispatch Box, what he is saying and what he is doing. I hope you never find yourself in the position that you have put our Attorney General in. I would like to finish—

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[Tom Brake (Carshalton and Wallington) (LD)]

May I start by praising the Attorney General for spending more than two hours answering questions, but may I also gently chide him for the manner in which, occasionally, his style of delivery descended rather into Vaudeville? Finger-pointing, faux bonhomie and expansive arm gestures may work in court, but perhaps he might like to leave those at the Bar of the House.

The Leader of the House referred to an arcane procedure and Government Members have talked about Opposition Members playing parlour games. The arcane procedures and the parlour games to which the Government Members refer are about holding the Government to account on a matter of contempt. Arcane they might be, but, clearly they are essential as well. Members will know that Parliament’s bible, “Erskine May”, makes it very, very clear that the Government’s actions are in contempt. The Government’s refusal to release the advice is an act that impedes the House in the performance of its functions, and what could be a more important function for this House than to be able to take the decisions in the next week or so in full knowledge of the impact of Brexit having seen the full legal advice on Brexit? That is why we are here today. That is why, Mr Speaker, I wrote to you on 28 November and subsequently signed the joint letter raising this issue of contempt.

The Government came forward with a reasoned position paper. The right hon. and learned Member for Beaconsfield (Mr Grieve) did a good job of explaining quite how complex and extensive the legal advice is that the Attorney General will have received, but that rather reinforces the point that the Attorney General’s producing a synopsis of said extensive legal advice spread over much correspondence runs the risk of presenting that synopsis in a way that is most advantageous to the Government. In relation to my intervention on the hon. Member for Mid Bedfordshire (Ms Dorries), who is no longer in her place, the only point that I was making again—I am very happy to get it on the record again—in relation to the advice about the Iraq war is that, clearly, that advice was cherry-picked, massaged and presented in a way that reinforced the Government’s case. That is the only comparison that I am making, with the possible risk of the Government, unintentionally perhaps, doing exactly the same thing in relation to the full legal advice that Ministers have seen—and indeed that Ministers have leaked. While a reference was made to that leaking, the Attorney General simply shrugged his shoulders as if the leaking of that advice selectively to the media by the Government is perfectly normal and acceptable in the daily course of Government business.

We know what happened in relation to that advice about the Iraq war, and, as for the Government’s amendment, we know clearly what the purpose of that is. Even with undue alacrity, the prospect of the Committee of Privileges addressing this before 11 December is precisely nil, so we will clearly not get that clarity, guidance and direction to the Government before 11 December. I must say that I suspect that that is what motivates the Government in pushing that amendment. This is, of course, a pattern of Government unwillingness to allow Members of Parliament access to the legal advice that we need in order to take the decisions that we need to take. The article 50 case is a very good example of that, as the Government have repeatedly refused to say whether article 50 is revocable, hiding behind the fact that they will not seek to revoke it, so Parliament does not need to know. I am very pleased that, today, the Advocate General has given a recommendation—it is only a recommendation, but one that is very likely to be adopted by the Court—that makes it very clear that article 50 is revocable. For Members of Parliament voting next week, it is critical to know whether, if a people’s vote is secured and if, at the end of that campaign, people vote to stay in the European Union, we have a means of revoking article 50 to bring that into effect.

[Geraint Davies (Swansea West) (Lab/Co-op)]

On that point, does the right hon. Gentleman believe that the Attorney General gave advice to the Government on the revocability of article 50 and has hidden that advice from this House, and that is why we have not had that disclosure?

[Tom Brake]

All we know for a fact is that a number of Members of Parliament, including, I suspect, the hon. Gentleman, have repeatedly asked the Government to confirm their position on that and they have not been willing to do so, which is why, on these Opposition Benches, we very much welcome the fact that the European Court will resolve this matter in the next couple of weeks.

Just on that issue of article 50, I wanted to thank the hon. and learned Member for Edinburgh South West (Joanna Cherry) for leading that charge, along with Members of the Scottish Parliament, and indeed also the hon. Member for Nottingham East (Mr Leslie), who is not in his place today but who has joined me in a supporting role to the hon. and learned Lady.

[Mike Gapes (Ilford South) (Lab/Co-op)]

I am really pleased that the right hon. Gentleman, my hon. Friend the Member for Nottingham East (Mr Leslie) and the hon. and learned Member for Edinburgh South West (Joanna Cherry) took the risk of taking this case to the Court to establish an important principle. If the decision now is in line with the advice that is being given, then that is in the interests of the democracy of this country. We should all register our thanks to him and the other Members.

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[Tom Brake]

I thank the hon. Gentleman for registering those thanks.

The critical point for Members of Parliament to know is that, if we go beyond 21 January without a deal and start going down the track of no deal, it is open to this House and this Government to revoke article 50 to avoid a catastrophic exit from the European Union. I would argue, and many Opposition Members have argued, that we are entitled to know that information, and it is remiss of the Government to have kept it from us.

To conclude—[Interruption.] I knew that would cause celebration on the Government Benches, so I will speak for a little longer than I had intended. I accept that it is not a simple choice that Members have to make today. Publishing the full legal advice has serious implications—of course I accept that, and I think everyone on these Benches accepts that—but the ramifications of the Government ignoring the express demand of Parliament are of even greater import. That is why I urge Members to vote for the motion today.