Points of Order

Jacob Rees-Mogg Excerpts

Wednesday 9th January 2019 Commons Chamber

[Mr Speaker]

The short answer to the right hon. Gentleman is that I am in the hands of colleagues, and I think he knows me well enough to know that I have never ducked a challenge. That is not in my nature; it has been no part of my DNA, either since I have been in this House or in all my life before I came into Parliament. [Interruption.] The right hon. Member for Birkenhead (Frank Field) says from a sedentary position words to the effect of “Let’s get on.” I would like to move on, but I do wish to treat colleagues with courtesy. [Interruption.] Somebody said “You can,” but I will take a few remaining points of order if people wish to raise them. I say very gently to the hon. Member for North Dorset (Simon Hoare), who just raised his point of order and talked about the dignity of the Chair and the importance of our procedures, that if people are going to invoke that importance, it would be helpful if they did not undermine that self-same point by continuous and repetitive dispute.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

On a point of order, Mr Speaker. I have two points on which I would be grateful for clarity. First, section 9 of the order of the House that sets out the terms of the debate says that no motion may be made other than by a Minister of the Crown, and you have interpreted that to mean that an amendment can be made to the motion. The question on that motion, as amended, then has to be put, and that is the motion that, under the order, needs to be moved by a Minister of the Crown. Is it therefore the case that the question may not be put on the motion, if amended, unless the motion is adopted by a Minister of the Crown?

I then have a second point. [Interruption.] If I may come to the second point, which is the precedential—[Interruption.]

[Mr Speaker]

Order. I have heard the hon. Gentleman’s first point and I would like to hear his second.

[Mr Rees-Mogg]

The second point relates to the interpretation of the word “forthwith” and, for the benefit of the Commons Journal tomorrow, how it is to be understood in future when such matters arise. Page 458 of “Erskine May”, which I am sure you have, Mr Speaker, says that such questions

“must be put forthwith without any possibility of amendment”.

That reads as a single set, rather than as though “forthwith” was simply being qualified. The question that then arises is on the other important Standing Orders that are affected by the “forthwith” question. I think particularly of Standing Order No. 44, relating to disorderly conduct, which states that the question must be put forthwith but makes no mention of amendment one way or another. It seems to me that it would be deeply troublesome if “forthwith” came to allow amendments under such circumstances, so I think that the precedential effect of your ruling needs to be clarified.

[Mr Speaker]

I am happy to reflect on the second point, which is not altogether dissimilar to that raised earlier by the right hon. Member for Chingford and Woodford Green (Mr Duncan Smith). It is a very serious question and it warrants a serious reply. I am not sure whether it is reasonable to expect a full reply today—I am not sure whether that is what the hon. Gentleman is seeking—but if the hon. Gentleman is saying to me in his typically courteous way that this is an important matter and that we need a judgment on it, either from the Chair alone or from the Chair acting on the advice of, for example, the Procedure Committee, I agree with him.

On the hon. Gentleman’s first point, the answer is that if the motion has been moved, the question on it must then be put. For the avoidance of doubt, I say that on the basis of specialist advice.