Business of the House

Debate between Alistair Carmichael and Jacob Rees-Mogg

Monday 21st October 2019 Commons Chamber

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The requirement to lay treaties for 21 days before ratification is contained in section 20 of CRAG 2010. Can the Leader of the House point out to me where in section 20 of that Act the distinction is drawn between treaties that are legislative and non-legislative in their effect?

[Mr Rees-Mogg]

I think the point is extremely obvious. If Parliament is legislating for something it is voting on it; under CRAG there is no need to have a vote on a treaty that is laid in front of this House.

Business of the House

Debate between Alistair Carmichael and Jacob Rees-Mogg

Thursday 26th September 2019 Commons Chamber

[Mr Rees-Mogg]

I have so much sympathy with what my right hon. Friend says. Dementia hits families particularly hard. Sometimes it hits the carers much more than the individual who is suffering from it. All of us will have known people suffering from dementia and how hard it is for families as they are forgotten by the person they have been closest to, so it is a worthy subject for debate. I am sorry not to be able to promise a debate in Government time, but in Adjournment debate time or Backbench Business time it would certainly have my support if I was still a Back Bencher.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

May I take the Leader of the House back to his assertion that the 12 Bills that have been started by the Government and are still outstanding are somehow blocked by the House? I offer him one example. The Fisheries Bill is of tremendous importance to my constituents. It passed this House at Second Reading without Division, as I recall. In Committee, only one minor amendment was made to it. There is a broad measure of cross-party support for it, yet is has sat in parliamentary limbo since the end of November. If there is a blockage, that blockage surely is within the Government and not Parliament. Will we get that Bill before the Government try to prorogue again?

[Mr Rees-Mogg]

I am grateful to the right hon. Gentleman for making the point. The Government are satisfied that all the Bills that are needed prior to leaving the European Union on 31 October are in place, save for a withdrawal agreement Bill should we get an agreement before that. Therefore, it is not essential that these Bills make further progress. However, I would add that one of the reasons why they have not made progress is that they have been in other cases amended in such a way as not to achieve the object of Government policy.

[Mr Carmichael]

Fisheries.

[Mr Rees-Mogg]

The right hon. Gentleman chunters from a sedentary position, “Fisheries”. That does not stop the Bill being amended when it comes back either here or in another place. There is no certainty that these Bills will get through without doing things that are contrary to Government policy, and therefore it is unlikely that they will make progress.

Nomination of Members to Committees

Debate between Alistair Carmichael and Jacob Rees-Mogg

Tuesday 12th September 2017 Commons Chamber

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I rise to speak to the amendment standing in my name and in the name of the hon. Member for Brighton, Pavilion (Caroline Lucas).

It is a pleasure to follow the right hon. Member for West Dorset (Sir Oliver Letwin), as he is a man whom I hold in very high regard. I served with him in the coalition Government for five years as a Minister. Indeed, for part of that time, I sat beside him at the Cabinet table. Therefore, with substantial regret, I say that what he has just given us was not his finest contribution. What he described was some sort of parliamentary game-playing or sport. When he spoke about the functions of Opposition, he missed out the most important one. The most important job that we as Opposition Members of this Parliament have to do is scrutiny, which is why the composition of the Committees to which we commit Bills upstairs matters. That is why it is, in fact, a matter of quite fundamental principle.

I think that we might all acknowledge that, from time to time in this House, we indulge in a little bit of hyperbole, occasionally even straying into polemic. I think of some of the matters that the right hon. Gentleman and I opposed during the years of the Blair-Brown Government. One example is when they tried to extend detention without charge to 90 days. I remember also the passage of the Legislative and Regulatory Reform Bill. He and I and others described them then as constitutional outrages—it was a “power grab” and an “affront to democracy”. I may even on occasion have indulged in a small measure of hyperbole and rhetoric myself. [Hon. Members: “No!”] We all do it. I am reminded that when Paddy Ashdown was leader of my party, it was a joke popular among other parties—obviously not to me or the media at the time—that the message on his answering machine was, “Thank you for calling Paddy Ashdown. I am not able to take your call. Please leave your message after the high moral tone.” We have all done it, but the difficulty that is caused by relying on rhetoric and hyperbole is that it is difficult then to know what to say when we come across a proposal such as that which the Government bring to the House today. I can describe it as others have done as a “constitutional outrage”. I can say, as others have done, that it is an affront to democracy. However, to say that suggests that that is somehow just the same as those measures that we have previously described in those terms, but it is not. It is much worse. It is an obnoxious measure for which I know of no precedent in my time in the House.

In this country, we do not have a written constitution. We proceed much of the time according to the process of convention and principle, and so it is also for the ordering of our proceedings in this House. Here, too, we often rely on the process of convention and precedence. It is a delicate system of checks and balances. I am certainly not saying that it is one that is incapable of improvement. I have supported many improvements to it over the years, but we have to approach these matters in a rather more holistic manner than is being taken by the Government tonight. Once we start removing these checks and balances, we risk at least one of two things.

First, we can bring the machinery of Parliament to a grinding halt, and tonight the Government risk breaking our machinery beyond repair. The alternative prospect is that we raise the possibility of other parts of the system reacting in a way that is designed to compensate for our breaking of the checks and balances. It is known in this House, surely, that their lordships in the other place proceed on the basis of the Salisbury convention. They respect our right to be the superior Chamber because we have the democratic mandate from the voters. Now, if we are not going to demonstrate respect for the democratically reached decision of the voters, how can we expect their lordships at the other end of the building to do so?

[Mr Rees-Mogg]

Quite a number of peers, including Liberal Democrat peers, have questioned whether the Salisbury-Addison convention applies. Lib Dem peers have said that they do not feel bound by it as they had nothing to do with it when it was agreed in the first place.