Points of Order

Kevin Foster Excerpts

Wednesday 9th January 2019 Commons Chamber

[Mr Speaker]

The hon. Gentleman has made his point, and I am grateful to him.

[Kevin Foster (Torbay) (Con)]

On a point of order, Mr Speaker. I must say that I never bore of the proceedings of this House and of doing my job, even if others do. A few moments ago, you said that only statute can overrule statute. The section of the Act to which this motion relates specified a period of 21 calendar days for the Government to come back. This motion specifies three sitting days. Which one has precedence and why did you select this amendment?

[Mr Speaker]

I have already explained the situation that appertains to the amendment. I do not wish to be unkind to the hon. Gentleman, but if, after all these exchanges, he is still not clear about my rationale for the selection of the amendment, I am not sure, frankly, whether I can greatly help him. I think I am right in saying that the reference to 21 days, as I have just been advised from a sedentary position by the Clerk of the House, is a 21-day maximum. When the hon. Gentleman enquires about supremacy—which of the two takes precedence—I simply make the point that that which is governed by statute is a matter of legal fact. Earlier in this series of exchanges, the hon. Member for Stone (Sir William Cash) asked me to confirm his legal understanding, and I did. That seems to me to treat of the point that concerns the hon. Member for Torbay (Kevin Foster).