European Union (Withdrawal) Act 2018

Debate between Lord Clarke of Nottingham and Mark Harper

Tuesday 29th January 2019 Commons Chamber

[Mr Clarke]

Let me just finish my point. I will give way in a minute.

I heard all the stuff when the Clerks were invoked—the advice of the Clerks to the Government to resist this approach. Of course it is true that the law can only be changed by legislation. That is a perfectly straightforward legal point. But in our constitution, in my opinion, the Government are accountable politically to the non-legislative votes of Parliament. It is utterly absurd to say that Opposition Supply days and amendments to motions of the kind we are addressing today are just the resolutions of a debating society that have no effect upon the conduct of daily government. If we concede that point in the middle of this shambles of Brexit, with all the other things we have to resolve, we will have done great harm to future generations because it is difficult to see how the concept of parliamentary sovereignty will survive such an extraordinary definition.

[Mr Mark Harper (Forest of Dean) (Con)]

May I humbly suggest that the Prime Minister is actually following the will of Parliament, because she is remembering that, two years ago, two thirds of MPs in this Parliament voted to trigger article 50, which leads to the unconditional leaving of the European Union on 29 March? That was the instruction that she was given by Parliament that she is trying to deliver, and our duty is to assist her.

European Union (Withdrawal) Bill

Debate between Lord Clarke of Nottingham and Mark Harper

Tuesday 12th June 2018 Commons Chamber

[Mr Mark Harper (Forest of Dean) (Con)]

Will my right hon. and learned Friend give way?

[Mr Clarke]

No, I have taken too long already. I apologise to my right hon. Friend.

The Government would of course be in a bit of a dilemma—I imagine we would all be even more excited than we have been for the past few days—but the fact is that they would have to go away and work out what resolution to bring forward that would carry the House of Commons. I assume that would be a continuation of the negotiations, but the House would demand that its approval was sought for the next turn in the negotiations, and the directions in which they would go, to satisfy its objections. I regard that as a perfectly serious proposition.

The public debate on the whole question of Brexit has largely been ridiculous—not just in the Daily Express, but in many other areas—but in this place we actually need to take seriously what we are doing not only for the future prospects of generations of our citizens, but for the constitutional position of this House. We have already given up all kinds of things that I have always taken for granted. I have never known such a weak Parliament for allowing things to get through, ending with the latest timetable resolution, but to take the Government’s amendment would be the ultimate in doing so.

With this amendment, the Government have had to accept the decision of the House when we successfully defeated them before Christmas. They have had to come back and set out a better process of parliamentary approval before ratification. The big question then is: what if the Government reject it and there is no deal? In the House of Lords, the Minister was quite clear in resisting the amendment: “Oh, this meaningful vote is going to be deal or no deal—take it or leave it.”