Points of Order Debate

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Points of Order

David Davis Excerpts
Thursday 19th March 2020

(4 years, 9 months ago)

Commons Chamber
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David Davis Portrait Mr David Davis (Haltemprice and Howden) (Con)
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On a point of order, Mr Deputy Speaker. In his response to my hon. Friend the Member for Windsor (Adam Afriyie), the Leader of the House answered, in effect, that the Civil Contingencies Act 2004 was not available for this particular emergency. Knowing my right hon. Friend, I am sure that he was repeating, in absolute good faith, the briefing he had been given, but I was here and lived through the passage of that Act, and that is not my understanding of it. More importantly, it is not how a number of public lawyers understand the Act. So could you, Mr Deputy Speaker, undertake to get the Speaker’s Counsel to give this House an opinion as to whether that Act is applicable before we move the emergency legislation next week?

Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
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Further to that point of order, Mr Deputy Speaker. One key aspect of the 2004 Act is that the use of powers has to be approved by Parliament within seven days and the powers can last for only 30 days before they have to be renewed by Parliament. Indeed, the Act contains specific measures to ensure that the House sits if we are in recess or even if we are prorogued. So could you feed that into the process of answering the right hon. Gentleman?