Prorogation (Disclosure of Communications)

Dominic Grieve Excerpts

Monday 9th September 2019 Commons Chamber

[Mr Dominic Grieve (Beaconsfield) (Ind)]

I beg to move,

That this House has considered the matter of prorogation with the imminence of an exit from the European Union and accordingly resolves—

That an Humble Address be presented to Her Majesty, that she will be graciously pleased to direct Ministers to lay before this House, not later than 11.00pm Wednesday 11 September, all correspondence and other communications (whether formal or informal, in both written and electronic form, including but not limited to messaging services including WhatsApp, Telegram, Signal, Facebook messenger, private email accounts both encrypted and unencrypted, text messaging and iMessage and the use of both official and personal mobile phones) to, from or within the present administration, since 23 July 2019 relating to the prorogation of Parliament sent or received by one or more of the following individuals: Hugh Bennett, Simon Burton, Dominic Cummings, Nikki da Costa, Tom Irven, Sir Roy Stone, Christopher James, Lee Cain or Beatrice Timpson; and that Ministers be further directed to lay before this House no later than 11.00pm Wednesday 11 September all the documents prepared within Her Majesty's Government since 23 July 2019 relating to operation Yellowhammer and submitted to the Cabinet or a Cabinet Committee.

I am sorry to have to move this motion, because it ought not to be necessary to do so.

When I was Attorney General, a lot of the work I had to do involved advising on law, but from time to time quite a lot of it was to do with propriety in government. We are very blessed in this country that, as well as obeying the rule of law, there is within government a deep understanding that if our constitution, which is largely unwritten, is to function, there has to be a high level of trust between different parts of government—whether it be Parliament or the Administration—in how our affairs are conducted. I am glad to say that, in my experience, if and when I ever had to step in as Attorney General to point out that I thought propriety might be in danger of being infringed, I always had a positive response from my colleagues in government about the necessity at all times to be seen to be acting with clean hands.

[Kevin Brennan (Cardiff West) (Lab)]

On that point, if the right hon. and learned Gentleman is successful and the Government are obliged to supply these papers, is he confident that the current Prime Minister and the Executive will do so?

[Mr Grieve]

Seeing that this would be a Humble Address to Her Majesty the Queen for the documents, I very much hope that there could be no question other than that they will be provided, because it is the custom and practice and the convention that such Humble Addresses are responded to positively by the Government.

The reason why we have these rules is to manage difference. They provide a framework for our debates that—because, as I say, there is a high level of trust— enables us to manage sometimes serious difference, such as we undoubtedly have at the moment, in a moderate fashion. We are able sometimes to say strong words to each other, but to come together afterwards with a high level of appreciation of the other’s point of view and an absolute certainty that one side is not trying to trick the other. My concern is that there is now increasing and compelling evidence that this trust is breaking down and, indeed, that there is cause to be concerned that the conventions are not being maintained.

This of course arises particularly because of the decision to prorogue this House. I do not think I need to go into too much history to point out that, in recent years, the power of Prorogation has been used for only two reasons. The first is to have the short interval, usually of no more than seven or eight days, between one Session and the next, so that a Queen’s Speech may take place. It has also been used at times to extend time for a general election in order to maintain a power by which this House could be recalled in an emergency before it is finally dissolved. The use being made of it by the Government in proroguing this House until 14 October is, in current times, unprecedented. It is a long period, and all the more startling because it takes place against the background of what is without doubt—it is a bit difficult to gainsay it—a growing national crisis.

[Sir Oliver Letwin (West Dorset) (Ind)]

Does my right hon. and learned Friend agree that what makes this particularly important is that it was open to the Government to move a periodic Adjournment—or, as we normally call it, a sittings motion—which could have been approved by the House to achieve the same effect? However, the Government chose to use the prerogative power, which in effect enables the Prime Minister to advise the Queen to remove Parliament from the scene of action. It is therefore obviously of the greatest possible importance what the Government’s motive in so doing was, and the papers he describes will reveal that motive in a way nothing else can.

[Mr Grieve]

My right hon. Friend is right on both points, and I shall move on in a moment to develop in a bit more detail the issue of the documents.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

Will the right hon. and learned Gentleman give way?

[Mr Grieve]

I will if the hon. Lady will wait just one moment.

The justification that the Government have given for this length of Prorogation is that we were due to adjourn for the purposes of party conferences and to return shortly before the date the Government have chosen, but everybody in this House knows that the nature of the crisis that has been engulfing us in the last two months meant that it was clear the House would not consent to be adjourned because it regarded its continuing sitting as being absolutely essential. My right hon. Friend the Prime Minister knew this very well. Furthermore, it appeared—certainly at the time when he stood for the leadership of the Conservative party and was about to become Prime Minister—that although suggestions had been made about proroguing the House to facilitate achieving a no-deal Brexit, he apparently did not approve of them. Indeed, he said publicly during his leadership bid:

“I’m not attracted to archaic devices like proroguing.”

That is where the trust comes in. As news emerged of the decision to prorogue, it rapidly became clear that the Government did not appear to be giving a consistent account of their reasons. As the act of proroguing has led to litigation, it has then followed that some, but not all, of the motives for Prorogation began to emerge. We have seen that although on 23 August this year No. 10 Downing Street and the Prime Minister denied considering the idea of proroguing at all, in fact, internal Government documents reveal that this matter was under consideration some 10 days before. Indeed, there is a rather remarkable memorandum from the Prime Minister himself in which he expresses total contentment with this because he finds the September sitting to be an unnecessary and rather contemptible activity. It is perhaps rather typical of my right hon. Friend the Prime Minister that he gets something wrong—as we now know, he suggests that the September sitting is the product of the work of one of his predecessors, Mr David Cameron, whereas it was Mr Tony Blair who introduced it. It is rather noteworthy that when we found what was under the redaction, it turned out he had condemned Mr David Cameron, for his belief in having a September sitting, as a “girly swot”, which I supposed was meant to be contrasted with his manly idleness. That seems to be his established practice when it comes to confronting the crisis that threatens to engulf us on 31 October if he cannot get the deal that he promises he is going to achieve, but which it now appears from the resignation statement of the previous Secretary of State for Work and Pensions that he has done absolutely no work even to commence negotiating.

[Ms Angela Eagle (Wallasey) (Lab)]

I thank the right hon. and learned Gentleman for giving way to this girly swot. Does he agree that democracy requires a certain commitment to the truth; that to date there has been a reasonable expectation that when asked questions the Government will not actively lie and will tell the truth; and that the loosening of the current Administration’s moorings from a commitment to tell the truth is a direct threat to democracy?

[Mr Grieve]

The hon. Lady is right. That is what concerns me so much, and I think the House collectively ought to pause and consider it this evening. She will be aware that the next thing that emerged—I shall come back to the issue of it being just rumour—in the litigation that was brought against the Government was a desire to set out the reasons why Prorogation was being pursued. When the Treasury Solicitor’s Department, as it would properly do in conducting litigation, sought to find a public official willing to depose in affidavit as to why the Government had decided to prorogue—and I might add, asked Her Majesty the Queen to prorogue Parliament, one must assume—no such official willing to swear the affidavit could be found. As a consequence, a number of documents were simply exhibited by the Treasury Solicitor for the Government’s case.

[Maria Eagle (Garston and Halewood) (Lab)]

Does the right hon. and learned Gentleman recall any instance, when he was Attorney General, of being unable to find public officials willing to swear affidavits about the Government’s case?

--- Later in debate ---

[Mr Grieve]

No, I can think of no such event. Indeed, it is the Treasury Solicitor’s Department and the Law Officers’ job to make sure that anything the Government say in litigation fulfils their duty of candour and is not misleading.

Then a most remarkable thing happened, Mr Speaker, and this is where it becomes more difficult for me. In the course of the days that followed I started to be given information from public officials informing me that they believed the handling of this matter smacked of scandal—there is no other way to describe it. Of course, that places me in a difficulty, because it is simply the information that I have been given. I want to make absolutely clear that I am not in a position—any more, I think, than any Member of this House—to be able to ascertain whether that information is mistaken. I can only say that I believe those sources to be reliable. Also, in my experience it is extraordinarily unusual that I should get such approaches, with individuals expressing their disquiet about the handling of a matter and some of the underlying issues to which it could give rise.

It is as a consequence of that that I have drafted, along with right hon. and hon. Friends and other Members, the Humble Address concerning the Prorogation documents. I want to emphasise at the outset that in doing so and identifying named individuals, whether they be special advisers, who make up the vast majority, or one in case a civil servant, I am making absolutely no imputation against any single one of them whatever. It would be disgraceful to do so, because I do not have the evidence on which to do it.

[Victoria Prentis (Banbury) (Con)]

My right hon. and learned Friend and I have worked together, originally as master and pupil and then as Attorney General and civil servant. We have a great deal of history in this matter. Does he agree that there are civil service mechanisms and systems for guiding the behaviour of civil servants, and that these matters are ideally best not discussed in the manner in which we are discussing them this afternoon?

[Mr Grieve]

My hon. Friend is right about our long association. She is also right, of course, having worked in the Treasury Solicitor’s Department, where I am quite sure she maintained at all times the highest standards of integrity. The difficulty, however, is this: 31 October is looming. We are, as a House, about to be prorogued and rendered entirely ineffective until 14 October. This is the choice of the Government. The routes I might have wished to have taken to see this matter properly investigated simply do not match the time available for us to take them. As trust has progressively broken down, I am afraid I have become increasingly concerned that if one were simply to ask polite questions, the Government may not respond in the manner they should.

[Mr Ben Bradshaw (Exeter) (Lab)]

Will the right hon. and learned Gentleman tell the House whether he intends to put on the record any of the details of the information he says he received? The worry is that if he does not and the Government simply ignore his Humble Address, we will never know its contents. The implication of what he is saying is really very serious—that the Queen was misled by the Prime Minister as to his reasons for wanting a Prorogation.

--- Later in debate ---

[Mr Grieve]

The right hon. Gentleman raises some very difficult points. The best thing I can do is simply to state openly the generality of it. He is, I think, correct in what he says: far from this Prorogation being a desire to reset the Government for the purposes of holding a Queen’s Speech, and nothing else, there is available plenty of evidence that what actually happened was a concerted get-together within Government to try to ensure that this House would be prevented from taking action to stop a no-deal Brexit, and that the origins of that long predated the first time the Government mentioned Prorogation. That is, in a nutshell, what we are talking about.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

As the right hon. and learned Gentleman knows, I have been in this House for 40 years. I have never heard of a more serious allegation against a Government: misleading this House and stopping it functioning. Would he agree?

[Mr Grieve]

I would, but I also emphasise—and that is why I emphasise it—that these are allegations, and in an ideal world, I would have preferred not to make allegations, even within the context of the privilege that this House provides. However, in the circumstances, and with the time available before 31 October and the fact that we are proroguing, there really is no alternative.

[Vicky Ford (Chelmsford) (Con)]

Will my right hon. and learned Friend give way?

[Mr Grieve]

No, I will make a bit of progress.

What I have attempted to do, distilling the information that has been made available, is to identify people where I think the information may be available. I repeat what I said: I make no imputation whatsoever against individuals. We could have tried to be much broader, but had we been much broader, it might have looked a bit like a fishing expedition throughout Government. It seems only right to ask the questions where we have been directed —by the information that I and others have received—that the answers may be found, hence the list of individuals I have named. I say again that there is not a single imputation against any of them. What is necessary is to establish the information that they possess.

[Dame Cheryl Gillan (Chesham and Amersham) (Con)]

I am grateful to my right hon. and learned Friend for giving way; we have been friends for his entire time in this House. Having been a Minister himself, is he not worried about the collateral damage that this Humble Address is creating? It is important that civil servants have space—a safe space—to speak truth to power, and I think that by his actions today, he is damaging the civil service’s ability to communicate and discuss matters freely with Ministers. Does he not see the damage that he is doing?

[Mr Grieve]

I understand my right hon. Friend’s point. That was a matter that exercised me very much before I decided to table this motion, but against that, we have to face up to another fact: those necessary protections for civil servants cannot and must not be used as a device to hoodwink this House and the public as to the way the Government conduct their business. The Government have a duty. They can sometimes have a duty not to say something, but they certainly do not have a right to mislead, and this is such a fundamental matter that I think we are right to pursue the issue. Of course, if it turns out that the information I was given was mistaken, well, in those circumstances, I shall be the happiest person of the lot, but I have to say that I think it is sufficiently serious in its nature and content that I would be failing in my duty as a Member of Parliament if we were not to seek to ascertain whether it was correct.

[John Redwood (Wokingham) (Con)]

Surely all that matters is what was in the Prime Minister’s mind—his reasons for making the decision—and we cannot work that out from the personal testimonies of lots of officials, some of whom met the Prime Minister about this and some of whom did not. The question is what was in the Prime Minister’s mind, and the House has had ample opportunity, which it has already used, to cross-examine him and to satisfy itself as to his true motive. I do not see how knowing what some officials thought helps at all.

[Mr Grieve]

If I may say to my right hon. Friend, last week, at Prime Minister’s questions, my right hon. Friend the Member for South West Hertfordshire (Mr Gauke) and I asked questions of the Prime Minister seeking to elicit an answer about his motive and state of knowledge, and I was rather struck by the fact that he avoided answering both questions completely. He made not a single attempt—my right hon. Friend should look at Hansard—to answer the question. I am afraid I do not have much confidence that my right hon. Friend the Prime Minister has the capacity—frankly—to answer questions of this kind, because he does not appear to understand how serious they are and appears to treat them with a high level of flippancy.

[David Hanson (Delyn) (Lab)]

Prorogation this evening will deny the Liaison Committee a three-hour session with the Prime Minister this Wednesday—a session the Prime Minister agreed to on 14 August.

[Mr Grieve]

Yes, indeed, and of course that might have provided another opportunity to ask questions.

I appreciate that this House can sometimes be difficult and irksome to Prime Ministers and Governments, but that is our job. We are here precisely to provide scrutiny and to hold to account. For those reasons, I do not think it would be unreasonable of us to proceed to ask for these documents. I believe and hope that this has been drafted in a way that is sufficiently focused that we can come swiftly to a conclusion by Wednesday as to whether there is anything that should be causing the public disquiet.

[Mr Owen Paterson (North Shropshire) (Con)]

My right hon. and learned Friend has named nine individuals. He could have asked for the Cabinet Secretary and permanent secretaries, but these names appear very arbitrary. I know one of them and I think she was appointed only a week or 10 days ago. What were his criteria for choosing these nine individuals?

[Mr Grieve]

My right hon. Friend makes a very good point. There was a time at the end of last week when the list was rather long and included—I will say this openly—senior civil servants, but I was reticent about that and felt as a result of inquiries I made that the list could best be narrowed. It was made quite clear from the information I gleaned that the origins of the story of how Prorogation came about lay not with public officials but with the special advisers to Ministers. For that reason, the list is as well directed as I believe it can be.

That is the issue surrounding Prorogation. In addition, we have the papers surrounding Yellowhammer. The House will remember that the Government sought to suggest when the Yellowhammer papers first started to emerge—some of them—that this was material prepared for a previous Administration, but that turns out to be incorrect and to be another of those little inaccuracies that now seem to creep out of No. 10 Downing Street. It was material prepared for the current Administration and Cabinet committees so that they could understand the risks involved in a no-deal Brexit.

We will be prevented over the coming weeks from debating those issues, and when we return we will have almost no time. I fear very much that by the time the Queen’s Speech debate is over we will be mired in a great crisis that I would much rather see avoided. It seems entirely reasonable, therefore, to ask the Government to disclose these documents, both so the House can understand the risks involved and so that these can in due course be communicated more widely to the public. Of course, if the documents suggest that no risks are involved, that too will be in need of communication.

[Chi Onwurah]

There are few in the House who have the right hon. and learned Gentleman’s knowledge of its conventions and protocols, except, perhaps, you, Mr Speaker. Certainly, my constituents do not follow the differences between Prorogation, recess, Queen’s Speech requirements and so forth. However, they do know that my title is “Member of Parliament”, which implies where I should be—in Parliament. Does the right hon. and learned Gentleman agree that at this time of constitutional crisis my constituents expect us to be sitting in Parliament, and expect it not to be shut down? Does he agree that the question of why we are being prorogued goes to the heart of the credibility of me as a Member of Parliament and the credibility of the House in its entirety, and does he agree that, for that reason, the public interest is absolutely involved?

[Mr Grieve]

I agree wholeheartedly, and I do worry, because this Prorogation is, to my mind, a most regrettable event. It will prevent the House from giving proper scrutiny to what is, as I have said, an evolving situation that has critical importance to the future of our country.

[The Chancellor of the Duchy of Lancaster (Michael Gove)]

I do not know whether my right hon. and learned Friend has had a chance to look at the transcript of the evidence that I supplied to the Exiting the European Union Committee last week. In my evidence I gave some undertakings about publications related to Yellowhammer. If carried out, would those assurances be sufficient for my right hon. and learned Friend?

[Mr Grieve]

I rather hope that the assurances and the terms of the motion would prove to be entirely identical. I see no reason why not, and such documents that have been revealed so far do not suggest to me that they contain any material that touches on essential issues of national security. It is entirely about the day-to-day life of this country in the immediate aftermath of departure. Of course, if there were national security implications, I am sure that my right hon. Friend would be able to raise them and they could be dealt with.

[Michael Gove]

I hope that before this debate concludes my right hon. and learned Friend will have an opportunity to look at the evidence submitted to the Select Committee, and I hope that, on that basis, he will be able to take those assurances as appropriate. I should be very grateful for his indication that he would do so.

[Mr Grieve]

If I may say this to my right hon. Friend, I think not. I think that the terms of the motion cannot be abandoned unless the House wishes to abandon them. I cannot believe, on the basis of what he so graciously said to the House a moment ago, that the terms of the motion will be significantly dissimilar. In those circumstances, I very much hope that we will get the documentation relating to Yellowhammer, in the way in which it was presented to him and his colleagues, on the basis of which they are taking the decisions that they are taking, which are of great importance to the future of our country, its wellbeing, and the wellbeing of every citizen.

[Hilary Benn (Leeds Central) (Lab)]

May I pursue the point about the evidence presented by the Chancellor of the Duchy of Lancaster to the Select Committee last Thursday? I did indeed ask him whether he would publish the report on Operation Yellowhammer. For the benefit of the House, this is what he said in response:

“What I hope to do is more than that. What I would like to do is to make sure that we have Yellowhammer, once we have done the proper revision and the kicking of the tyres, alongside a publication that details the actions that the Government has taken to inform people of the consequences and allows people to see the mitigations that we have put in place, so people can make a proper judgment about the changes they need to make”.

That, I think, is a full quotation. On that basis, it would seem to me that the Chancellor of the Duchy of Lancaster would have no difficulty whatsoever with that part of the right hon. and learned Gentleman’s Standing Order 24 motion.

[Mr Grieve]

The right hon. Gentleman is absolutely right. If I may say so, had the House more time I would not have tabled that part of the motion. We could have waited, sensibly, to see but the House will be gone by midnight tonight—or shortly thereafter, depending on how long our proceedings continue—and we will not be back until 14 October. At that stage, because of the way in which the House starts a new Session, the opportunities will not necessarily be there in quite the same way, and I suggest to the House that 14 October is far too close to 31 October for us to be able to accept that. Of course, if we do not vote for this motion in this form we will have no leverage over the Government should, for example, my right hon. Friend the Member for Surrey Heath (Michael Gove) suddenly find that he is overridden by No. 10 advisers and the Prime Minister, who decide that they want to delay a little bit and that these papers might come later on. As I have said, the great difficulty that we now have in this House—and, I must say with great regret, that I have—is this terrible, compelling sense that trust is eroding.

That brings me to my final remark—

[Several hon. Members rose—]

[Mr Grieve]

I wish to conclude. Unless a Member has something very special to say, I would like to get this done.

[Mr Chris Leslie (Nottingham East) (IGC)]

rose—

[Mr Grieve]

I give way.

[Mr Leslie]

I am very grateful to the right hon. and learned Gentleman. He has had all sorts of emollient assurances from the Chancellor of the Duchy of Lancaster, but the Daily Mail is reporting right now that:

“Downing Street not in any mood to bow to Grieve’s demands…No. 10 source: ‘Under no circumstances will No. 10 staff comply with Grieve’s demands regardless of any votes in Parliament.’”

If the Chancellor of the Duchy of Lancaster intervenes on the right hon. and learned Gentleman again he can be pressed to assure the right hon. and learned Gentleman that he will not see Parliament treated with such contempt.

[Mr Grieve]

I am afraid this classically illustrates the problem that we now have: these extraordinary utterances —pronouncements—from No. 10 Downing Street that bear absolutely no relationship with the operation and conventions of our constitution. It is impossible to know whether they are froth, whether they are Mr Cummings’s thoughts, or whether in fact they represent some settled policy view of Government, in which case this country is facing, frankly, a revolutionary situation in which this House has to exercise the utmost vigilance to ensure that our rights and privileges are not simply trampled upon.

I am very mindful of the fact that in this current crisis we are a divided country and a divided House, which pains me very much. I would like to work, even with those with whom I disagree such as some of my right hon. Friends on the Front Bench, to try to get this matter resolved in a way that is compatible with healing some of the divisions in our country, but that simply is not going to happen if the atmosphere of confrontation keeps being ratcheted up, slowly undermining the institutions that are the only props of legitimacy—that is the truth, for all of us—and in which everybody is happy to go into greenhouses and chuck bricks all over the place but expect the structure to provide some shelter afterwards.

[The Attorney General (Mr Geoffrey Cox)]

I have been listening with great care to my right hon. and learned Friend’s observations and part of his draft Humble Address troubles me. What legal right do the Government have to require their employees to give up private email accounts and personal mobile numbers? If there is no legal right—I imagine he would contend that there is not—how on earth would the Government enforce the Humble Address if they desired to do so?

[Mr Grieve]

These are Government employees. In the course of their work it is their duty to observe the civil service code and to comply with its requirements, including, I respectfully suggest to my right hon. and learned Friend the Attorney General, not using private means of communication to carry out official business.

[The Attorney General]

rose—

[Mr Grieve]

And beyond that—

[The Attorney General]

rose—

[Mr Grieve]

No, I will continue. [Interruption.]

[Mr Speaker]

Order. We must conduct this debate in a seemly manner.

[Mr Grieve]

I will give way to my right hon. and learned Friend in a moment.

In addition, it is a question about what this House requests. I am perfectly aware that sometimes I may say that the Government may be acting abusively, so I am the first to understand that there is a capacity for this House to act abusively. However, what is being asked for, and ought to be respected by any self-respecting Government employee, is that if they are asked to look and see whether they have carried out a communication, within the relevant request, that goes to their official work, they ought to be willing to provide it. It should not be a question of coercion; it should be a question of willingness. If we move from that, that will be the destruction of another convention under which this country has been run, and it will be greatly to our detriment.

[The Attorney General]

rose—

--- Later in debate ---

[Mr Speaker]

The hon. Gentleman has made his own point in his own way, and he may wish to expatiate further on that matter if he catches my eye in the course of the debate. Meanwhile, it is on the record and will be widely observed.

[Mr Grieve]

I give way to my right hon. and learned Friend the Attorney General.

[The Attorney General]

My right hon. and learned Friend has just refined the Humble Address to confine the request for personal mobile information and personal private accounts only to communications that ought to have been carried out as official business on official accounts. The difficulty with the Humble Address that I invite him to consider is that it is a blunt instrument and that, in truth, what this Humble Address requires is careful refinement so that it complies with legal rules. This Humble Address has no binding legal effect on individuals. It potentially has a binding effect on the Government, if they observe it, but not on individuals. There seems to be a risk that it will trespass upon the fundamental rights of individuals, as it is currently drafted.

--- Later in debate ---

[Mr Grieve]

I am afraid I have to disagree politely with my right hon. and learned Friend the Attorney General. The issue is clearly defined: it relates to the Prorogation of Parliament. That is what it concerns. If I may say so, picking up on the earlier point that he made, I was just a little bit surprised. Of course he may argue that the Government cannot get this information, but No. 10 Downing Street is saying that it will not even seek or try to provide it. This again is absolutely illustrative of the slide we are experiencing towards a Government that will not respect the conventions, without which orderly government in this country cannot take place.

[Vicky Ford]

Will my right hon. and learned Friend give way?

[Mr Grieve]

No, I want to finish.

For all those reasons, I believe that, while I am the first to recognise that any attempt at a motion of this kind will have a degree of bluntness that is unavoidable—

[Dame Cheryl Gillan]

Will my right hon. and learned Friend give way, on a serious point?

[Mr Grieve]

I give way to my right hon. Friend, whose points will always be serious.

[Dame Cheryl Gillan]

I am very worried, because I have been looking at the special advisers code of conduct, and it says:

“Special advisers should not disclose official information which has been communicated in confidence in government or received in confidence from others.”

Does my right hon. and learned Friend not realise that his motion today sets all special advisers in conflict with the code that they have signed up to?

[Mr Grieve]

Not at all! Absolutely not at all! They are entitled, correctly, to say, “I have been asked by the House of Commons in a motion under a Humble Address to Her Majesty the Queen to provide that information”, and they should do so, if I may say so, with a public spirit and, indeed, a degree of pride—that is what I would do—because that request has been made of them.

Mr Speaker, I do not want to detain the House any further. As I said, I am the first to accept that this is a difficult matter, and I am the first to accept that finding a uniquely perfectly tailored instrument to meet the gravity of the situation that has arisen will always be difficult and might be open to some reasonable criticism. However, for all those things, I think the nature of what has happened, the immediacy of the crisis and the fact that we are proroguing require this motion, and I commend it to the House.

--- Later in debate ---

[Michael Gove]

In his speech, the hon. Member for Wrexham (Ian C. Lucas) answered his own question. He explained that I had said to Dermot Murnaghan on Sky News exactly when I knew about these payments. He can ask as many times as he likes for me to repeat the answer, but I gave the answer months ago.

Talking of politicians who cannot see what is in front of them, we come to Yellowhammer. The point has been made that it is critical that we share with this House as much as we can, and I am absolutely committed to that. In the evidence that I gave to the Exiting the European Union Committee last Thursday—

[Mr Grieve]

Will the right hon. Gentleman give way?

[Michael Gove]

No. In the evidence that I gave, I made it clear—I am grateful to the Chairman of that Committee for allowing me to do so—that we wanted to publish and would publish a revised Yellowhammer document. It is also important to recognise that the shadow Secretary of State for Exiting the European Union, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), described Yellowhammer as both an “impact assessment” and a “likely scenario”. I was clear in the evidence, which was accepted by the Chairman in that Committee, that it was neither an impact assessment nor a likely scenario. The right hon. and learned Gentleman says that he wants scrutiny of our no-deal assumptions, but when that scrutiny is given and when the facts are in front, he seems not to be interested, not to read it or not to know what has been said. He says he wants scrutiny, but when he gets scrutiny, he cannot be bothered to take account of it.

[Mr Grieve]

I am grateful to my right hon. Friend for giving way, and I am sorry to take him back to the issue about Prorogation and its origins. Would he like to explain at the Dispatch Box why no affidavit was filed by any official relating to the circumstances in which Prorogation was decided upon? He will understand that the suggestion is that, in fact, the explanation given by the Government is inaccurate, that the decisions and work on proroguing this House to prevent us from scrutinising the Brexit process were taken earlier and that there is evidence of it in the interchange of communications between special advisers and others in government.

[Michael Gove]

I know what the right hon. and learned Gentleman suspects, and he has been fair in laying it out clearly, but the question that this House has to ask is, are we prepared—[Interruption.] The question before the House is this—[Hon. Members: “Answer the question!”] I am answering the question. The question before the House is this. We know what the right hon. and learned Gentleman is concerned about, and we know what his concerns are, but are we willing, in order to satisfy his curiosity on this point, to make sure that data protection legislation, the EHRC and the standard practices of government are overturned? I should say to the right hon. and learned Gentleman that we have published in unprecedented detail, in conformity with the duty of candour, all the information required—