European Union (Withdrawal) Act

Hilary Benn Excerpts

Thursday 10th January 2019 Commons Chamber

[Mr Speaker]

I am happy to respond to the point of order from the right hon. Lady, and I thank her for giving me notice of it. She has kindly shown me the press report to which she refers, but she knows that I have not yet had the opportunity to study it carefully. Moreover, it is not our normal practice to respond to any and every press report based upon a briefing from someone who perhaps thinks that he or she knows what the procedures are in this place but does not always fully do so.

It is true to say that the default position under Standing Order No. 16(1) is that debates pursuant to an Act of Parliament must be concluded after 90 minutes, flowing from which there tends to be a practical restriction on amendments because the time has lapsed, and therefore only one amendment in such a hypothetical situation would be taken. However, it is also true to say that such provision is often disapplied by an Order of the House.

I must emphasise that all of this is hypothetical at this stage, and I do not think it would be helpful to speculate on what may happen subsequent to the decision of the House next Tuesday. I can, however, confirm that the right hon. Lady is quite correct in saying that it is perfectly open to the Government, if such a situation were to arise, to provide for a much fuller debate. In those circumstances, there would predictably be a significant number of colleagues who would want to put their own propositions on the paper. I am extremely confident that if that hypothetical scenario were to arise, colleagues would assert themselves.

[Hilary Benn (Leeds Central) (Lab)]

Further to that point of order, Mr Speaker. Could you confirm that it would be open to Members of the House to seek to remedy this potential problem by tabling an amendment to the withdrawal agreement motion for next week, because this matter would inevitably flow from a consequence of the withdrawal agreement not being carried by the House of Commons?

[Mr Speaker]

I would like to reflect on that. It may be possible for that to be done. If it is possible for it to be done, it may well be a matter of judgment as to whether it is thought to be worth doing. The reason there is no great hurry on that matter is, of course, that I am not even in a position, under the Order passed on 4 December, to select amendments until the final day of the debate. I do not know if the right hon. Gentleman heard me explaining, in response to a point of order from the right hon. Member for Putney (Justine Greening) this morning, that it was quite wrong for people to talk about amendments that had been accepted. She mentioned to me in her point of order that allegedly the Government had signalled their acceptance of a particular amendment. That was a wholly inapposite report or claim. No amendment has been accepted at this stage, because no amendment has yet been selected. I am not allowed to select any amendment until the final day, so some people really do need to keep up with what the procedure is. The right hon. Gentleman has plenty of time in which to reflect on these matters.