Business of the House
Debate between Lord True and Baroness Noakes(5 years, 2 months ago)
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Baroness Noakes
My Lords, I am not part of the Government; like my noble friend, I am a mere Back-Bencher. This is not a government Motion at all. Unless and until there is an agreement between the Front Benches, the existing rules will apply. The noble Baroness, Lady Smith, is trying to overrule the normal rules with her Motion, which is why we oppose it. We do not oppose the Bill; we oppose the Motion and, therefore, the way in which the procedures of our House are being subverted—not just in this instance, although we know that the motive for moving such a Motion is to achieve this particular Bill, but because it could do this House long-term harm. That is what I care about and what I know many of my colleagues care about.
Lord True
This is not a government-inspired matter. I am not grand enough to aspire to writing my memoirs but if I were ever to do so, history would show that the Government had very little to do with these proceedings, which result from the genuine anger on all sides of the House at the device being put forward. We hear all this stuff about how we must rush through this and that but is it not the case that this Parliament voted, and it is the law of the land, that we should leave the European Union and do so on 31 October? This has been debated ad nauseam. We are seeing a desperate attempt by a bunch of remainer ditchers to reverse not only the verdict of the people but the prior verdict of this Parliament. Is that not the real disgrace in these circumstances?
Baroness Noakes
We must remember that we are debating how the Bill is being handled, not the fact that it has been approved by a majority in the other place. Of course, when Bills come here with a majority from the other place, we do what we normally do: receive and scrutinise them. The purpose of the Motion before us is to limit the way in which we normally receive and scrutinise Bills from the other place, so we should be careful to ensure that we are comfortable with that. In particular, the Motion in the name of the noble Baroness, Lady Smith of Basildon, would introduce a guillotine Motion, which was discussed during the debate on an earlier Motion.
Baroness Noakes
After first “Commons” to insert “, and only once current legal proceedings relating to prorogations in the Scottish courts have been concluded”.
Baroness Noakes
My Lords, Amendment 2E in the name of my noble friend Lord True was going to be moved by my noble friend Lord Forsyth. However, as our business has not progressed as quickly as we expected, he is on his way to catch the sleeper train to Scotland. I can tell that the House is disappointed that he is not taking part in dealing with this amendment.
I am pursuing what my noble friend Lord True started with the previous amendment: trying to find out how those who have tabled this Motion see the interaction between it and the proceedings taking place in the various courts mentioned. My noble friend Lord True dealt with the English court action. Amendment 2E deals with the proceedings relating to Prorogation in the Scottish courts.
The temporary interdict, as I think it is called in Scotland—those of us who learned our law elsewhere call it an injunction—was not granted. We had Lord Doherty’s judgment today. He said:
“This is political territory and decision making which cannot be measured against legal standards”.
He also said that accountability should rest with,
“parliament, and ultimately the electorate”.
From the point of view of those initial proceedings—this was in response to those taken by a number of MPs and noble Lords—that seems to be settled. However, as I understand it, there is a possibility of that decision being appealed.
Putting it more directly to the noble and learned Lord, Lord Goldsmith—who I believe is answering on the Front Bench at the moment—since the original action has now been settled against those seeking an interdict, if the decision is appealed and it is determined that Prorogation should not take place, does that affect how the Motion is put together? Given that many noble Lords said earlier today that they believed they were forced into this action because of the nature of Prorogation, it seems to me that the need for this Motion falls away if Prorogation falls away.
These amendments have been drafted to establish the interconnection between the Motion and whether Prorogation is allowed to remain in place or is defeated by the various legal actions. I am trying to find out Her Majesty’s Opposition’s position on this from the noble and learned Lord, Lord Goldsmith. I beg to move.
Baroness Noakes
Leave out paragraph (1) and insert—
“(1) Standing Order 40(4) to 40(9) (Arrangements of the Order Paper) be dispensed with in relation to any bill sent from the House of Commons relating to the United Kingdom’s exit from the European Union.”
Baroness Noakes
My noble friend Lord True is detained elsewhere at the moment, but I will not disappoint noble Lords by not allowing the House to hear about Amendment 2J. We are moving on to amendments to paragraph (1) of the Motion in the name of the noble Baroness, Lady Smith, so noble Lords may wish to note that we are making progress—we have got past the initial preamble to the Motion and are now on paragraph (1).
Paragraph (1) of the Motion provides that,
“Standing Order 40(3) to 40(9) … be dispensed with”,
to allow proceedings on the Bill to be handled. Amendment 2J suggests removing only Standing Order 40(4) to 40(9), leaving Standing Order 40(3) extant. The purpose of tabling the amendment is to explore with the mover of the Motion why the quite draconian suspension of Standing Orders, which have served this House very well, is needed in this case. Standing Order 40 has been in our Standing Orders since 1954.
Standing Order 40(3) says:
“Subject to paragraph (1), notices relating to the Business of the House and to the Chairman of Committees’ Business, if he so desires, shall have priority over other Public Business”.
Standing Order 40(1) says:
“Oral Questions shall be entered before other business”.
The Motion in the name of the noble Baroness, Lady Smith, would remove the provision about notices relating to private business and the Chairman of Committees, if he so desired, being entered before public business—in other words, before handling any Bill that came. We do not think that a case has been made for removing this important part of our Standing Orders—certainly, no argument has been put for any part of the Motion.
We believe that the Standing Orders are an important part of the way this House operates and has operated well over many years. We have them to ensure that we know how business will be conducted, so any suggestion that we should remove or suspend any part of our Standing Orders should be taken seriously by your Lordships’ House, because we would be overturning many years of tradition. The purpose of the amendment is, as I said, to reinstate Standing Order 40(3), because we believe that it is important. I beg to move.
Baroness Noakes
Leave out paragraph (1) and insert—
“(1) Standing Order 40(3) and 40(5) to 40(9) (Arrangements of the Order Paper) be dispensed with in relation to any bill sent from the House of Commons relating to the United Kingdom’s exit from the European Union.”
Baroness Noakes
My Lords, I had already arranged with my noble friend Lord True that I would speak to Amendment 2K. It is similar to Amendment 2J, which I moved on behalf my noble friend. It relates again to Standing Order 40. Paragraph 1 of the Motion tabled by the noble Baroness, Lady Smith, dispenses with Standing Order 40(3) to 40(9). This amendment would dispense with Standing Order 40(3) and 40(5) to 40(9) but would leave in place Standing Order 40(4), which says:
“On all sitting days except Thursdays, notices and orders relating to Public Bills, Measures, Affirmative Instruments and reports from Select Committees of the House shall have precedence over other notices and orders save the foregoing”.
As I said when I moved the previous amendment, we should play around with Standing Orders only when it is absolutely necessary. I do not think that we had a convincing explanation from the noble and learned Lord, Lord Goldsmith, as to why these parts of Standing Order 40 have been chosen to be dispensed with to speed up the Bill that has come from the other place.
Standing Order 40(4) says that,
“On all sitting days except Thursdays”,
these notices and orders are important. Of course, the Motion relates only to Thursday and Friday, which is not a normal sitting day. It is open to question why the preparers of this Motion have decided to eliminate Standing Order 40(4). We should override Standing Orders, which are there to help us to do business efficiently and properly on a regular basis, only when we completely understand why they are being removed. Amendment 2K is designed to ensure that Standing Order 40(4) remains intact despite the Motion proposed by the noble Baroness, Lady Smith of Basildon. I beg to move.
Business of the House
Debate between Lord True and Baroness Noakes(5 years, 7 months ago)
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Baroness Noakes
I thank my noble friend for that. I had reached the end of reading through Standing Order 46, which is an important foundational part of our procedures. I remind noble Lords that it has been in existence since 1715. It has served us well for more than 200 years, so we should be very careful about tinkering with it. It is the case, in many instances, that those rules can be modified if noble Lords agree. It is usually done through the usual channels, in a way that achieves consensus. That has not been the case on this occasion. It is nearly always done so that there is a minimum of two days. I have been involved in a number of bits of legislation that have been done on an accelerated basis, but I have never seen one rammed through in one day like this.
I have never seen a Bill not leave the other place until just before midnight but be on the Order Paper here for all stages the following day. The noble Baroness, Lady Hayter, tabled her Motion—in effect, to take over the procedures of the House to do it in one day—only yesterday. Many noble Lords will not even have seen that until they got today’s papers. This is all highly irregular and is working against the ability of this House to scrutinise this legislation properly.
Lord True
I was not allowed to respond to the debate in which I spoke about this subject. The noble Lords, Lord Empey and Lord Strathclyde, made a sensible and constructive point: instead of trying to push this through it should be remitted to the usual channels. As many noble Lords on all sides have said, we could do this in the normal way for accelerated Bills: a Second Reading now and Committee another day. Why will the Opposition Front Bench not agree to that?
Baroness Noakes
My noble friend makes very good points. I hope that the Front Bench opposite is reflecting on them.
The House is being asked to handle this Bill on a one-day basis and, in effect, tear up the rules under which we normally consider legislation. This has led to a speakers’ list being closed before this business Motion is even finished. This Motion was not available to noble Lords until they came in this morning, so some will not have had the opportunity to put their names down to speak at Second Reading.