Business of the House

George Kerevan Excerpts

Thursday 26th January 2017 Commons Chamber

[George Kerevan (East Lothian) (SNP)]

I am grateful to be called to speak, Madam Deputy Speaker. I commend your patience, but sadly I think this will not be the end of the need for patience on the part of those who sit in that august Chair. We are discussing a motion to allow extra time for tabling amendments and new clauses, which I will be glad to support—we are certainly discussing the business of the house, not the content of next week’s Bill and debate. The charge is that the Government have begun, very consciously, to politicise the procedures and business of the House. That is why, now we have a little time, we have to hold the Government to account for that politicisation of the business of the House.

[Stephen Doughty]

The hon. Gentleman is making a strong point. I wonder whether, like me, he has noticed the Government Chief Whip and other Whips scuttling back and forth, which suggests that they are worried about this place having its say on motions and procedures. Throughout the process, the Government have presumed that they can do whatever they like without reference back to this Parliament.

[George Kerevan]

I take that point. I am not saying this to chide the Government, but I am trying to bring out into the open in this Chamber what we all know: the Government have been introducing a new parliamentary convention that flows on from the fact that we had a referendum that went against the Government. In panic and shock, the Government, whose Back Benchers are divided, decided on a new convention, which was to use the Crown prerogative to ram through whatever they wanted, based on the decision for Brexit in the referendum. That is in stark contrast to the whole history of this Chamber.

[Neil Coyle]

Will the hon. Gentleman give way?

[George Kerevan]

I want to make a few points; we are running out of time and we want to hear the Minister.

I want to say clearly that in a panic the Government chose to attempt to use the royal prerogative, but that has been struck down this week by the Supreme Court in a momentous and historic decision. One would have thought that in the light of that, the Government would have more regard to the procedures of the House and how its business is formulated, to give the House a proper say in the historic decision on Brexit. Did the Government learn that lesson? No, they came back with a one-line Bill to be fast-tracked. That is why, in the Government’s attempt to make some amends, we are discussing a way of getting some extra time, over the weekend, to draft amendments and new clauses to go with that fast-track procedure.

Hon. Members have every right to worry that the Government still have not got the point that we are now to have proper parliamentary scrutiny, including control over how the debate is conducted in the House. To underline that, let us look at what the explanatory notes say about the need for fast-tracking. First, we are told that there was an “unexpected” step in the process required by the Supreme Court. It is no fault of this House that the Government do not understand what is happening in the real world. It is no fault of Members on either side of the House if the Government were caught by surprise—the rest of us were not—and it is not an excuse for fast-tracking.

The second explanation for the fast-tracking is that this step

“would cause considerable delay to commencing the formal exit process”,

but the triggering of article 50 by the end of March is a random, arbitrary decision by the Government. That is not this House’s decision. The Executive are saying we have to fast-track the Bill because they have decided when they want to do it by. If that becomes a principle of how we do business—if the Government can say, “We want to do something next week, so we are going to fast-track everything”—it will be an abrogation of democracy, and we cannot have that.

[Kirsty Blackman (Aberdeen North) (SNP)]

It strikes me that the need for this fast-track process and the lack of parliamentary scrutiny shows up the fact that the Government are aware that their case is not strong or water tight and that it would be very easy for Members across the House to pick holes in it—because there are so many holes.

[George Kerevan]

Indeed, I fear that that might be the case, but actually the Government have nothing to fear from democracy. If the people of England and Wales have voted to leave the EU, that is up to them—I will not oppose that—but the people of Scotland have voted to remain, and that is what we will do.

The Government are politicising the procedures of the House. We have been here before—I say that humbly to the Chair, because it is why this is a major issue. We saw it in the 1880s and 1890s, when the then Government thwarted the legitimate desire for Home Rule in Ireland, and that led to major debates in Parliament that became focused through the procedures of this Parliament. Again in the 1970s, when devolution was first being discussed for Scotland, it became intertwined with major issues around the business of the House. In both cases, that happened largely because the Executive set their face against Parliament having a proper democratic discussion.

In the end, the business will go through this afternoon, but unless the Government learn this basic lesson—that every time they try to thwart democratic discussion in the House, Members will face them down—and open up the debate, we will be in for an awful lot of procedural discussion over the next year.