Legal Advice: Prorogation Debate

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Department: Attorney General

Legal Advice: Prorogation

Lord Mackinlay of Richborough Excerpts
Wednesday 25th September 2019

(5 years, 2 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I thank the Attorney General for responding. It is a matter of extreme sensitivity and it is incredibly important that we are sensitive to the wider implications and interpretation of what we say. Society’s mores change and sometimes one can find that things that one has freely said in the past without causing offence can no longer be said without causing offence, but each Member must make his or her own judgment. The Attorney General made his and he has said what he has said. I thank him for that.

Lord Mackinlay of Richborough Portrait Craig Mackinlay (South Thanet) (Con)
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On a point of order, Mr Speaker. I apologise for not giving notice of this point of order, but I seek advice that is relevant to our discussions. We have heard much about the way in which the Supreme Court has extended its remit to the actions of the Executive and how that may play out in future. Can you give advice, perhaps to your successor, about whether the Speaker’s actions and decisions should be similarly subject to judicial review and how that may work in future?

John Bercow Portrait Mr Speaker
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I am extraordinarily grateful to the hon. Gentleman, but as an attempted point of order, frankly, in old-fashioned O-level terms, with which I am familiar and of which the hon. Gentleman is probably aware, it would get an Unclassified. It was not even a good try. I do not bear the hon. Gentleman any ill will, but if people are going to have a go at these things, a degree of nuance, subtlety and ingenuity would at least command respect. There is a grade and I am afraid that the attempt was way below it.