Business of the House

Bernard Jenkin Excerpts

Wednesday 3rd April 2019 Commons Chamber

[Sir Oliver Letwin]

I would never take offence from my right hon. Friend the Member for Derbyshire Dales (Sir Patrick McLoughlin), who is a very old friend and colleague. We have been through many things together in Cabinets and shadow Cabinets over many years, and although we disagree about this particular constitutional issue, we agree about much else.

It is of course the case that the Standing Orders of the House of Commons are the possession of the House of Commons. It is therefore the case that, as in all other matters pertaining to the House of Commons, a majority may alter them. If my right hon. Friend is asking me the only question that he can logically ask me under those circumstances—that is, whether a majority of Members of the House of Commons can alter the Standing Orders of the House of Commons at any given time should they wish to do so—the only answer I can give him is the only answer that he could give me as a former Chief Whip, which is yes.

Normally, the Government Chief Whip commands a majority sufficient at all times to ensure that the Executive are able, in effect, to change the Standing Orders of the House of Commons, but this is a very unusual provision of our Parliament. In the United States Congress and many other legislatures, it would be regarded as quite intolerable for the Executive to be able to change the procedures of the House using that kind of whipping, to which we are entirely accustomed. However, it is our method, and if the Government of the day have a sufficient majority to be able to do so, they will be able to exercise that method. On this occasion—not in general, but in relation to this particular set of issues—the Government do not command a majority in all cases, as has been frequently remarked by Members on both sides of the House. They may do tonight or they may not; they have not on some other occasions. Where they do not command a majority, it is open to Members of the House of Commons in the majority to alter the Standing Orders.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

There is a danger in the comparative analysis of different constitutions, because of course the United States constitution has a very different method of the separation of powers. As I pointed out in the debate we had on Monday, the President has a legislative veto unless Congress has a two-thirds majority. In any system of government, there is usually an opportunity for the Executive to veto legislation, and that is what our Standing Order No. 14 effectively provides for, with money resolutions, Queen’s consent and that sort of thing. All that is being bypassed in this procedure, which has no mandate or democratic legitimacy from the voters. This is therefore a very questionable process, which is undermining the accountability of how laws are made in this country.

[Sir Oliver Letwin]

Alas, I think that Brexit will leave behind it a trail of many difficulties for our nation, as we seek to heal the divisions and so on. But I suspect that one of the good things about it is that it will have provoked between my hon. Friend and myself many years of interesting discussion about the evolution of our constitution. My own view is that our constitution is not very well constructed, and does not contain proper checks and balances in a written form in the way in which some better constitutions do. Interestingly, that includes the Basic Law, which we ourselves wrote for the Germans and which is a much better organised constitution; there is not the veto to which my hon. Friend refers, but there are checks and balances through which it would certainly be impossible for the Government to engage in the sort of things that have become usual since 1902—I mistakenly referred to 1906 on a previous occasion—and that have given the Executive too much control over the proceedings of the House of Commons.

Interestingly, some of my hon. and right hon. Friends, including my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), have for a very long time argued that the Executive have too much control over the House of Commons. It is just that, on this particular occasion, he would like the Executive to have more control—or would have liked the Executive to have more control before yesterday, in any case. I rather think that people’s views on this constitutional matter are currently being overly influenced by their view of what the desirable result is, and I admit entirely that mine are too.

I do not think that this is a minor constitutional wrangle. We could go on happily having this discussion for some years, and ought to in a proper way. I am sure that my hon. Friend the Member for Broxbourne (Mr Walker), the Chair of the Procedure Committee, will want to inaugurate proper discussions of these things at much greater length. At the moment, this nation faces a very serious issue by anybody’s reckoning—those who are in favour of stepping out on Thursday week and those who are against it. We all agree that it is a very important step. The business of the House motion provides for a Bill that has the effect of making it not possible for a Prime Minister to take that step without coming to the House, proposing an extension and trying to obtain an extension approved by the House from the EU. That is the importance of it, and I think that it is actually very important.

--- Later in debate ---

[Andrea Leadsom]

My hon. Friend is a genuine expert in procedure and how best to improve a Bill, and he is right; there is no time for any of the usual niceties.

As Members will know, my job as Leader of the House is to ensure, before introducing any Government legislation, that it has been considered carefully from all angles by the Parliamentary Business and Legislation Committee, which I chair. It is also my job to ensure that legislation is given adequate time for scrutiny and consideration by the House.

[Sir Bernard Jenkin]

Traditionally, when legislation is rushed through this House, the other place gives consideration that has not been given. What measures will the Government take to ensure that there is proper and detailed consideration of the Bill in the other place?

[Andrea Leadsom]

As my right hon. Friend the Member for West Dorset said, it will be a matter for the other place, and the Government will have no involvement in that whatsoever, so I am afraid that I am unable to answer that question.