(7 years, 8 months ago)
Commons ChamberI have not even set out the principle yet. Are we prepared to use one set of people—those who are living here—as a bargaining chip to get the right settlement for people in the UK? [Interruption.] That is exactly what it is. The whole argument about reciprocal rights is about bargaining and saying, “We will not do what we should do by this group of people until we get something in return for it.” That is a bargaining chip.
The Secretary of State seeks to persuade us that, simply because he has stated from the Dispatch Box that this will all be fine and dandy, that is the end of the matter. He said several times, quite inaccurately, that a ministerial statement from the Dispatch Box is legally binding. Surely the truth is that saying that something said from the Dispatch Box is legally binding does not make it so.
The Secretary of State said that it was binding so far as he was concerned. That is not the same as a legal commitment, and Secretaries of State and Governments can change. That is why we need a commitment on the face of the Bill.
Let me fast forward to the second amendment. If there is really no problem with proposed subsections (1), (2) and (3), why not accept them along with proposed subsection (4) and put them on the face of the Bill? This is becoming an obsession with having a clean Bill: “Our Bill must not be amended, even when it is proper, right and decent to do so.”
(7 years, 11 months ago)
Commons ChamberI will make a bit of progress and get to dealing with the amendment.
Today’s victory is important, and so is the timing. As we debate this motion, the Government’s appeal is being heard in the Supreme Court. We need to remind ourselves that the Government are arguing that this House should have no say on the question of invoking article 50—that is the argument they are presenting in the Supreme Court; through that argument, they want to remove the prospect of a vote granted by the High Court a few weeks ago. That is the core of their argument and the purpose of their appeal: to remove that vote from us. That is what they are seeking to achieve, but that would be to avoid scrutiny and avoid accountability. If the Government succeed in that appeal, this motion will be very important, because it puts grip into a process that would otherwise have none. We will only have a plan to discuss because we will not be getting a vote.
However, if the Government fail at the Supreme Court, there will have to be a legislative process. This is not a legislative process today, is it?
I am grateful for that intervention and I am coming precisely to that point, so I will press on.
(8 years, 1 month ago)
Commons ChamberI will come on to the prerogative, and I think that the treaty was debated for at least 20 days.
Is not the prerogative absolutely key here? In 1924, when there was a Labour Government, we insisted that all treaties would be laid before the House for 21 days, so that the House and the House of Lords could take a view on them. That was the Ponsonby rule. When there was a Conservative Government, they got rid of it. When there was a Labour Government again in 1929, we put it back, and in 2010, we put it on the statute book. Is it not really worrying that Ministers have been going to the House of Lords and this Chamber and relying solely on the prerogative in relation to treaties?
It is, and I will deal with the prerogative in some detail because it is not fixed. The prerogative changes over time, and in any event, even if it may legally allow the Executive to proceed without scrutiny and accountability in the House, it does not prevent that scrutiny and accountability. It does not require the Government to proceed in that way. It is being used as cloak to avoid the scrutiny that is needed.