Early Parliamentary General Election (No. 2)

Kirsty Blackman Excerpts

Monday 9th September 2019 Commons Chamber

[Mr Speaker]

I am grateful to the hon. Gentleman. At this stage it is a hypothetical question, because one would need to look at the specifics, but what I would say to him is that if there is a dispute as to what a law means, or what compliance with it looks like, that is ultimately justiciable, and therefore it is to be expected that it would be the subject of a court ruling. These are not uncommon matters, so it would be a very high-profile situation in the circumstances with which we are dealing, but it does seem to me that Members should reflect upon these matters, and think about their options and the attitude of their colleagues, in the cool light of day. That is not necessarily best achieved by a furious focus at 12.51 in the morning.

[Kirsty Blackman (Aberdeen North) (SNP)]

On a point of order, Mr Speaker. During the course of this process, the European Statutory Instruments Committee was set up in order to sift those statutory instruments that would be required in the event of Brexit happening. In advance of 29 March, the Government brought forward a number of these no-deal SIs so that, as they said, the UK would be prepared for a no-deal Brexit. The Committee has sifted 240 of these SIs that have come forward as negative instruments—there will be 580 in total.

I have discovered today that the Government intend to bring forward 10 of these statutory instruments as made affirmative statutory instruments, in order to ensure that we are prepared for a no-deal exit. I am a bit confused as to why the Government did not bring these forward in advance of 29 March, if a no-deal Brexit was supposed to happen on that date, or the second date on which a no-deal Brexit was supposed to happen, or in fact at any time before Prorogation happened so that the Committee could sift them, as appropriate, and the House would have the opportunity to have its say on whether or not these were appropriate statutory instruments to go through. Is there any recourse that we can have, given that Prorogation is about to happen and these instruments will be made without the say-so of the House?

[Mr Speaker]

I am not privy to the Government’s thoughts on these matters. It would be perfectly open for a member of the Executive branch to respond to the hon. Lady if he or she so wished, but I do not detect a notable enthusiasm. I am not aware, looking at him now and at his body language, that the Leader of the House is about to uncoil. If he were to do so, doubtless he would give a response, but he is not doing so. Although it is a matter of very considerable importance to the hon. Lady, it is not something in relation to which I can offer her help now. I suggest that she takes it up, in view of the important position that she holds in her party, with the Leader of the House, whom I must say I have always found to be, in every dealing, a most courteous and agreeable individual. I am sure that he would be more than content to discuss the matter with her, over either a cup of English breakfast tea or, conceivably, something stronger.