(2 years, 2 months ago)
Commons ChamberWhat was the Conservative party’s position on nuclear when David Cameron was asked the question in 2006? He did not have a position on it. I think the right hon. Gentleman is wrong about the £170 billion. If there is any doubt, I invite the Treasury to disclose the documents so that we can all evaluate them.
Is not the bigger point that there is a simple choice about how to pay for this? It either all goes on borrowing, ordinary families and the never-never, or at least some of it is paid for by a windfall tax on unearned and unexpected income which Putin has put into the pockets of Shell and BP. That is the fundamental choice.
That is the fundamental choice and the fundamental divide in the House. Let the Conservatives defend their position of protecting those excess profits, and we will defend our position of standing up for working people.
(5 years, 10 months ago)
Commons ChamberI do agree, and at this stage of the negotiations, what I think should happen is that the deal should be put to a vote and the vote taken, and then we should have a grown-up conversation about what the real options are and stop pretending that some sort of managed no deal is the default position. It is not, and this House will never accept that it is the default position.
My right hon. and learned Friend has said several times—and I understand why—that this House will not allow the Government to proceed on the basis of no deal, but one of the difficulties that we have, as we have seen over the last fortnight, is that the power of the Government to manage the business and completely ignore any motions of this House that are not legally binding is quite phenomenal. Do we not need to address that inherent problem in our system if we are really going to have a chance of success?
That is a very powerful point, and what the last few weeks have shown are some of the inadequacies in the procedures of this House. The idea that the Government can simply not move their business and do not have to have a vote on it is not acceptable. The fact that we have to have an SO 24 debate on an issue of this significance, because we cannot force a statement, shows the inadequacies.
The only other thing I would say on that very important point is this: given that there have to be at least 51 changes to legislation—even on the Government’s own analysis—under the 106 technical notices, there will be opportunities for amendments in this House, unless the Prime Minister says, “I am simply not going to take any business until April, of any sort whatsoever.” I do not think that this Prime Minister would do that. I knew her when she was Home Secretary and I was Director of Public Prosecutions. I know how seriously she takes security and counter-terrorism issues. I do not think that this Prime Minister would try to force no deal on this House without the necessary precautions—even on her own case—with legislation.
(5 years, 12 months ago)
Commons ChamberI am grateful for that intervention. I had the privilege of working with the right hon. and learned Gentleman when he was Attorney General, so I know how carefully he attended to his work.
Will my right hon. and learned Friend also be clear that this must extend to Parliamentary Private Secretaries, who are not members of the Government and are not bound in the same way under the ministerial code? Ministers tend to refer to bits and pieces of the legal advice, which is why it is important to see the whole of the legal advice in the round.
I am grateful for that intervention and agree on both fronts, particularly on summary or editing. In my time as a lawyer, I saw various attempts to edit or summarise legal advice. Even done with the best of intentions, it can lead to some misinterpretation of the advice that has been given.
There is a convention, but it is subject to exceptions and this is an exceptional case. There is good reason and good precedent for publishing this advice, and it is the right thing to do. I think there is growing cross-party support for that, and rather than fighting this unnecessary battle with Parliament, the Prime Minster should accept the motion and agree to publish the full advice.
(7 years, 2 months ago)
Commons ChamberIt is not as if this point is being made for the first time today: these are the points that have been made since the White Paper was published—the moment we dealt with it. That was in March, the Bill was published in July, and there have been numerous reports since then, and I raised at the time the significant issues I am raising now, and there has been no move from the Government.
The key point about clause 9 is that the Government have asked Parliament to allow them to alter the Bill themselves by secondary legislation once it has been enacted. If we look through the history of the 20th century, we will not find a single Bill that has ever sought to do that—not in time of war and not in time of civil emergency. In fact, every single emergency powers Act has expressed said that there shall not be a power for Ministers to alter primary legislation.
(7 years, 8 months ago)
Commons ChamberI have not even set out the principle yet. Are we prepared to use one set of people—those who are living here—as a bargaining chip to get the right settlement for people in the UK? [Interruption.] That is exactly what it is. The whole argument about reciprocal rights is about bargaining and saying, “We will not do what we should do by this group of people until we get something in return for it.” That is a bargaining chip.
The Secretary of State seeks to persuade us that, simply because he has stated from the Dispatch Box that this will all be fine and dandy, that is the end of the matter. He said several times, quite inaccurately, that a ministerial statement from the Dispatch Box is legally binding. Surely the truth is that saying that something said from the Dispatch Box is legally binding does not make it so.
The Secretary of State said that it was binding so far as he was concerned. That is not the same as a legal commitment, and Secretaries of State and Governments can change. That is why we need a commitment on the face of the Bill.
Let me fast forward to the second amendment. If there is really no problem with proposed subsections (1), (2) and (3), why not accept them along with proposed subsection (4) and put them on the face of the Bill? This is becoming an obsession with having a clean Bill: “Our Bill must not be amended, even when it is proper, right and decent to do so.”
(7 years, 11 months ago)
Commons ChamberI will make a bit of progress and get to dealing with the amendment.
Today’s victory is important, and so is the timing. As we debate this motion, the Government’s appeal is being heard in the Supreme Court. We need to remind ourselves that the Government are arguing that this House should have no say on the question of invoking article 50—that is the argument they are presenting in the Supreme Court; through that argument, they want to remove the prospect of a vote granted by the High Court a few weeks ago. That is the core of their argument and the purpose of their appeal: to remove that vote from us. That is what they are seeking to achieve, but that would be to avoid scrutiny and avoid accountability. If the Government succeed in that appeal, this motion will be very important, because it puts grip into a process that would otherwise have none. We will only have a plan to discuss because we will not be getting a vote.
However, if the Government fail at the Supreme Court, there will have to be a legislative process. This is not a legislative process today, is it?
I am grateful for that intervention and I am coming precisely to that point, so I will press on.
(8 years ago)
Commons ChamberI will come on to the prerogative, and I think that the treaty was debated for at least 20 days.
Is not the prerogative absolutely key here? In 1924, when there was a Labour Government, we insisted that all treaties would be laid before the House for 21 days, so that the House and the House of Lords could take a view on them. That was the Ponsonby rule. When there was a Conservative Government, they got rid of it. When there was a Labour Government again in 1929, we put it back, and in 2010, we put it on the statute book. Is it not really worrying that Ministers have been going to the House of Lords and this Chamber and relying solely on the prerogative in relation to treaties?
It is, and I will deal with the prerogative in some detail because it is not fixed. The prerogative changes over time, and in any event, even if it may legally allow the Executive to proceed without scrutiny and accountability in the House, it does not prevent that scrutiny and accountability. It does not require the Government to proceed in that way. It is being used as cloak to avoid the scrutiny that is needed.