Points of Order

Lord Clarke of Nottingham Excerpts

Thursday 14th February 2019 Commons Chamber

[Mr Speaker]

That is a public information notice from the hon. Gentleman and we are grateful for it—genuinely so—and I thank him for what he said. In response to the hon. Lady, I am conscious of a concern on that front, and it is a concern that has been articulated not least by the Father of the House, the right hon. and learned Member for Rushcliffe (Mr Clarke), who is able to look at these matters with the benefit of a 48-year—approaching 49—perspective, so he knows how things used to be done. In some respects, they are now done rather differently—I have noted that.

The essential point is this: some votes in this House are simply expressions of opinion, and others, depending on the terms of the motion, are genuinely binding. They can be construed, and would be construed, as orders or instructions and are therefore, in the literal sense of the term, effective. Others are not automatically effective, and they do depend on the way in which the Government choose to view them—I use those words carefully and advisedly. We have the opportunity to debate the hugely important matter of Brexit today and we know that there are plans for subsequent debate, but I can assure the hon. Lady that, if there is an appetite in the House for further debate, that appetite will be met. I can say that without the slightest fear of contradiction by anyone. If the House wants to debate a matter, no amount of circumlocutory activity to seek to avoid it will work—it simply will not happen.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

Further to that point of order, Mr Speaker. You are ruling on what is binding. This probably has to be resolved, but I do not want to take up too much more time on this matter now, because you gave an indication on it.

Plainly, certain things—legislation—change the law; they are binding. The question comes when a majority of the House, by a motion, expresses an opinion on a subject of policy. I still believe that our constitutional convention in our parliamentary democracy is that the Government are bound to follow and give respect to a declaration of policy that has been declared by the House. It is no good saying that it does not change the law, so it is just a matter of opinion and we will proceed guided by newspapers and pressure groups instead.

[Mr Speaker]

I entirely understand what the right hon. and learned Gentleman is getting at. I can say only for my own part that I do not want to give a flippant response to the Father of the House. I have never been much preoccupied with the opinions of newspapers. I really do not attach any weight to their views. I am sure that they think their views are important, and if that brings happiness into their lives, good luck to them, but the blatherings of a particular media outlet are a matter of absolutely no interest or concern whatever to me; they are simply not consequential at all.

Decisions that this House makes, resolutions that this House passes and motions that are supported matter and should be respected. Some motions, however, do specifically instruct, and if they instruct, there can be not the slightest doubt or uncertainty at all but that they must be followed, just as if, for example, the House were to pass a motion instructing the Speaker. The Speaker is the servant of the House. If the House passed a motion or an amendment instructing the Speaker, the Speaker would do as instructed; that is the way it is.