Prorogation (Disclosure of Communications)

Lady Hermon Excerpts

Monday 9th September 2019 Commons Chamber

[Michael Gove]

Not at this point.

Indeed, that is not the only thing that is in the public domain. As a result of a court case that has been brought by the hon. and learned Member for Edinburgh South West (Joanna Cherry) and others, we also have in the public domain the submission that went to the Prime Minister on which he made his decision. Submissions such as this, and Government policy that rests on them, are not ordinarily made public, but, quite properly, following the duty of candour in respect of that judicial review, that information was published. There it is in black and white: the reasons that were put to the Prime Minister for going down this course of action, and indeed the reasons that led him to make that decision. I would say that it is not unprecedented, but rare, that such a degree—

[Lady Hermon (North Down) (Ind)]

rose—

[Michael Gove]

I am always happy to give way to the hon. Lady.

[Lady Hermon]

I am very grateful to the right hon. Gentleman for allowing me to intervene on him. He will of course be entirely aware that last Thursday, during an urgent question, the Secretary of State for Northern Ireland, who is a very good appointment indeed, made it quite clear that he had not been consulted by the Prime Minister about the plan for Prorogation; he was told only just before it was publicly announced. Therefore, we have a Secretary of State for Northern Ireland who is facing a perfect storm of the possibility of a no-deal Brexit and no functioning Assembly—and no expectation of one any day soon. How can it possibly be that the Minister is telling the House that the Prime Minister had a paper that he did not even share with the Cabinet?

[Michael Gove]

The hon. Lady raises at least two important points. First, we are of course absolutely aware that whatever the impacts of a no-deal Brexit, they are likely to be more acute, in a number of ways, in Northern Ireland. She is absolutely right that that extends not just to the economy of Northern Ireland but to security considerations. Let me take this opportunity to pay tribute to the work of the Police Service of Northern Ireland, who have been very clear about what the risks are and their attempts to mitigate them.

On the broader point, submissions that would go to the Prime Minister would not normally be circulated to the whole of the Cabinet, any more than submissions that go to an individual Minister would. This goes to the very heart of what is being requested. That submission is already there, but we are now being asked to give this House and, indeed, the world not just those submissions but every possible communication that any civil servant might have entertained beforehand in helping to advise the Prime Minister on the correct course of action. It is a basic principle of good government observed by Governments—Labour, Conservative and Scottish National party—that there should be a safe space for the advice that civil servants give.