Speaker’s Statement

Iain Duncan Smith Excerpts

Wednesday 4th September 2019 Commons Chamber

[Mr Speaker]

That point stands on its own and requires no response from me.

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

Further to that point of order, Mr Speaker. I have a small question on the basis of your judgment. As this whole issue of Queen’s consent hangs on whether, when this House triggered article 50, the statute covered and assumed the right under article 50(3) to extend and accept that extension, or whether that right still remains a Government prerogative under the prerogative powers. In a court case on 19 August, Lord Justice Hickinbottom of the Court of Appeal ruled categorically that it did not assume such a thing in the case brought by the English Democrats and ruled that the Government still retained the prerogative rights under article 50(3).

Mr Speaker, I wonder whether you have seen that ruling and whether you would take consideration of that prior to Third Reading, when I gather a final decision will have to be made.

[Mr Speaker]

I am grateful to the right hon. Gentleman for his point of order. My initial response is that we are guided in these matters by House rules in respect of Queen’s consent. It would be a mistake to think that they are extrapolated from or dependent upon judicial interpretation of the kind he references. We have our own procedures in relation to Queen’s consent, and what I am saying is consistent with those procedures.

I will certainly reflect further on the point the right hon. Gentleman has made, but it is not something that has a bearing on the Second Reading of this Bill.