Proxy Voting

Mark Harper Excerpts

Wednesday 23rd September 2020 Commons Chamber

[Mr Rees-Mogg]

Members with a proxy vote may only appear remotely. They may not appear in the Chamber. Mr Speaker has been absolutely clear on that. I would not expect Members who have a proxy vote to be in the precincts of the Palace, because if they can be here, they ought to be voting in person. Any Member who had behaved in that way would not be behaving within the spirit of the temporary Standing Order.

This system has allowed many Members to have their votes recorded, and in the current circumstances, I think it is right that we make the continuing provision for proxy voting. The broad eligibility criteria provide appropriate flexibility in the circumstances. Any Member who has any concerns related to the coronavirus must feel entitled to apply for a proxy vote, and I hope that this motion will be agreed by the House today. It will allow for the current temporary arrangements to be in place until 3 November 2020, in line with the arrangements for remote participation in the Chamber and other measures that facilitate social distancing.

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

Forgive me for referring to a matter that was dealt with a few moments ago. I knew I had read this and I just wanted to make sure that I was accurately quoting it, just to help my right hon. Friend the Member for Gainsborough (Sir Edward Leigh). In the report of the Procedure Committee on proxy voting, the Clerk of the House noted in his evidence that there had been a small number of issues with colleagues not understanding the rules on whether they should be here if they had a proxy vote. He said that there were a very small number of cases where he had had to intervene, and that number was diminishing as colleagues properly understood the rules. I hope it is helpful to put that on the record.

[Mr Rees-Mogg]

I am very grateful to my right hon. Friend. It is indeed helpful and useful to put on the record the evidence given to the Select Committee.

The Government, working with the House authorities, will continue to keep these matters under review following broader public health guidance, as we have since the outset. We are fortunate in the robust measures put in place under the leadership of Mr Speaker, which have allowed this Parliament to conduct its essential business in a covid-secure way. It is worth noting—this is, I think, significant—that because we did not apply the relaxation of the rules that came in over the summer, we are able to continue as we are now because we always remained in line with the tighter rules that allowed us to come back on 2 June. That is why this week’s announcements do not necessitate any sudden reversion. It is, however, worth reminding all Members of their obligation to observe social distancing, especially when queueing for Divisions. That is important and we have an obligation to show we are doing the same as other British subjects.

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[Mr Rees-Mogg]

I doubt that in the whole history of Parliament any constituent has ever complained about an excess of legislative scrutiny. I think a surfeit of lampreys is more dangerous than an excess of legislative scrutiny.

[Mr Harper]

I am only intervening on my right hon. Friend because he mentioned the subsequent motion on Westminster Hall. I was not going to bring it into scope myself. I do not know whether this is a matter for him or for the Chair on a future occasion, but I note that that motion states:

“the Chair in Westminster Hall may limit the number of Members”.

My question—it may not be for today—is whether we will have call lists and, effectively, the same processes for Westminster Hall that we have for the Chamber to enable that limitation to take place, and whether that could be furnished to Members in due course.

[Mr Rees-Mogg]

By your leave, Mr Deputy Speaker, I will try to answer that question. Mr Speaker or the Chairman of Ways and Means will set out the proposals, but, yes, there will have to be limits and, yes, therefore call lists, except that many Westminster Hall debates do not have so many people involved that we would face getting up to the limit.

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[Valerie Vaz]

The right hon. Gentleman may have been in his garden, but he could not have used proxy voting—it was by remote voting. The House worked hard to get this system up and running, and there were many tests. When it came to voting, the system worked, and it enabled people not only to vote remotely, but to take part in debates, which was vital. How the right hon. Gentleman chooses to vote is a matter for him, but I know that hon. Members are assiduous. They did listen to and take part in debates, and they could vote remotely. I am sorry that he did not like the system. It did work, and it worked extremely easily.

In my oral evidence to the Procedure Committee on 21 July, I recommended the reinstatement of electronic remote voting for those Members who are unable to attend the parliamentary estate in person for public health reasons related to the pandemic. That is key: a pandemic is going on. I am delighted that the Procedure Committee also took that view, and it is unfortunate that the Leader of the House has chosen not to implement the recommendations.

Members are still unable to take part in debates on primary legislation, and can participate virtually only in questions, urgent questions and statements. I do not know whether the Leader of the House is aware that the Petitions Committee had a debate with people taking part even while shielding. We know that can work, and I hope he will look at that. As we enter a new phase of coronavirus restrictions with rising infection rates, Parliament needs a safe, functional remote system.

[Mr Harper]

I have discussed this matter with the Leader of the House, and I agree with the right hon. Lady’s point about participating in legislative debates. It is good that we have enabled colleagues to participate virtually in the scrutiny parts of the House’s proceedings, but we must look at a way of enabling those who cannot be here to participate in the legislative process. As the Prime Minister said this week—I think he is right—we are in this for the long haul. This is not a short, tiny period. We could be operating under these procedures well into next year at the earliest, and we need measures that enable all colleagues to participate fully in the business of the House. That is not for our benefit, but for that of our constituents.

[Valerie Vaz]

The right hon. Gentleman is absolutely right, and many right hon. and hon. Members have told me that they are disenfranchised because they cannot take part, particularly in recent important legislation such as the Internal Market Bill. They cannot tell the House what is happening in their constituency if they are unable to be here for public health reasons. We need a functional remote voting system that ensures fair representation and allows all right hon. and hon. Members to do their democratic duty. We in Her Majesty’s Opposition support the motion.

--- Later in debate ---

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

I will endeavour to be brief, and to pick up a number of points that other Members have made. First, I support the motions on the Order Paper, and I welcome them. Perhaps I can be of help to my right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), the Chairman of the Procedure Committee, on the point that my right hon. Friend the Member for South Northamptonshire (Andrea Leadsom) made about coming back to the arrangements regarding other reasons not to be here. One of the things I can perhaps offer, as a former Chief Whip, is that these things are connected. For example, when someone is absent for parental reasons, the fact that they can now have a proxy vote actually makes it more challenging to enable other colleagues to be absent for other reasons, particularly ill health. That is because pairing involves colleagues from both sides of the House, and it was often those who were not here for maternity or paternity reasons who enabled other colleagues to be paired with them.

On the question of delay, I would counsel that if we are in this for the long haul, the Committee might wish to attend to that matter—maybe not to reach a conclusion but at least to look at it—earlier, and to see whether we need to address the point about people who are seriously ill earlier. Another point is that, culturally, pairing is not well understood outside the House. It means that when two people who are going to vote on opposite sides cannot be here, they effectively cancel each other out. Our voting is more visible now, however, because there are apps to enable people to see how we vote, so if we think that it is not really acceptable for someone who is very ill to just not vote, we need to put in place a mechanism whereby they can vote, so that people who are seriously ill are not required to turn up here in person. It may be that things have moved on and that, because we have made one set of changes, we need to make the other set of changes because they are more difficult to implement.

Let me pick up on the point that the hon. Member for Edinburgh East (Tommy Sheppard) made. It is not often that I defend members of the Scottish National party in the House, but I will defend those who are not here. In my experience, it is easier for many Scottish Members to get here by plane than it is for me to get here from the Forest of Dean—certainly in terms of the time that it takes. I do not believe that there is a significant number of Members in this House—I am afraid that I disagree with my right hon. Friend the Member for Gainsborough (Sir Edward Leigh) on this point—who do not want to be here. In my experience, Members of Parliament work really hard to get into this House, and they want to be here. I certainly love my constituency and I love being at home, but I would not trade it for being in this place.

None the less, we do have to recognise the issues facing many of our colleagues—either because of their own health or because of their shielding responsibilities, or, as the Leader of the House mentioned, the variety of reasons around childcare. A parent may be in their place here, but if their child is in a bubble and a child in that bubble has coronavirus, that bubble will get sent home and that parent may not have access, particularly at short notice, to childcare. Someone will have to stay at home to look after their children, so they may not be able to get here. That will mean not that they are not dedicated, but that they are having to balance their responsibilities as a Member of Parliament and a parent, as many of our constituents have had to do during the pandemic. We need to recognise that if we want a diverse range of Members of Parliament, of different ages, different backgrounds, different financial requirements, and people who are parents, we need to ensure that they can all participate in this House as Members of Parliament. I think that what the hon. Gentleman said was perfectly sensible.

On remote voting, the Leader of the House and I could probably have a competition over who was most keen on in-person voting—I am not sure which of us would win that competition. I always champion in-person voting when people suggest that we should move to modern electronic mechanisms. That is because, certainly for members of the major parties—the Labour and Conservative parties—it is a fantastic opportunity for Back Benchers to engage with Ministers. I say to every Back Bencher that if they ever want to keep Ministers accountable and accessible, never move permanently to remote voting because they will never see a Minister in this place again. For constituents who wonder what the benefit is for them, I say that in-person voting is so valuable because we can then raise their issues directly with Ministers quickly and efficiently. When Ministers do not have their civil servants present, they can sometimes see the point of something without someone persuading them that the issue is not worth solving.

The whole point about that is that we can access people. The problem at the moment with the way t we have to vote is that we cannot just go and grab a Minister. If Members are to be properly socially distanced, they have to be 2 apart, or perhaps a little less if they are wearing a face mask, but a complex, difficult conversation is impossible in those circumstances. I am afraid, therefore, that I do agree with what is in the report.

From my experience, because Members want to use that opportunity to talk to each other, they are torn between socially distancing and creeping closer together. I do agree with what the hon. Member for Edinburgh East said: we need to set an example. Even if, individually, we try to set an example, it is not always possible when there are hundreds of colleagues getting very close. I am not saying that I am perfect at it, but sometimes I try to shoo people away because they are getting too close. It is difficult. As a fan of in-person voting, I think we need to think about setting a good example and looking at remote voting.

[Karen Bradley]

Not only is it not possible for a Member to find the Minister that they need to find in the queue in a socially distanced way, but they are not able to do so privately, because they are in a queue of hundreds of people from all different parties. With the best will in the world, even though I have great friends from all parts of the House, I may not want to discuss some issues in front of them.

[Mr Harper]

My right hon. Friend makes a very good point. All I ask the Leader of the House to think about is the fact that the big advantage of in-person voting—my right hon. Friend the Member for Gainsborough and I are in massive agreement on this point—is the access that Back Benchers get to Ministers. That is simply not deliverable in the present circumstances. Perhaps it is a little bit, but certainly not to the extent that it was. Regrettably, because I love in-person voting, I do think that during this period, which I fear will be lengthy, the Leader of the House should at least think about that and put in place some procedures that will mean that we can bring in remote voting if we need to. In particular, if we are forced to take more stringent measures—I hope we are not, but it is entirely possible that we are—we may need to look at it.

On remote voting, and then I will conclude to allow the Leader of the House to get in, the other point that struck me in the report was about areas of local lockdown. I agree with him that if someone is in an area of local lockdown, there are ancient privileges for Members of Parliament to be able to come here, but we also have to set an example. If someone is in an area where we are telling constituents that they must not go to work if they can work at home, although there may be reasons why Members of Parliament feel that they should be here, this would set a dreadful example and look very much like, “One rule for us and one rule for our constituents”. If a Member is in one of those local lockdown areas, as something like a fifth of the population are, we want them to do what they are encouraging their constituents to do, and in those circumstances, they cannot be here and participate. I think we need to think about how we deliver that, and those points are made powerfully in the report. Although I am a traditionalist on in-person voting, I urge the Leader of the House to look at it going forward.

House Business during the Pandemic

Mark Harper Excerpts

Monday 8th June 2020 Commons Chamber

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

I broadly support the return of Parliament in person, but a balance has to be struck between our setting an example to the country and making sure that those Members of Parliament who cannot be here—not those who have chosen not to be here, but those who cannot be here—are properly facilitated to participate. I do not agree with colleagues of mine who think that this debate is self-indulgent, because we do set an example, and in the coming days, weeks and months there will be workplaces throughout the country where decisions will have to be taken by employers about how to deal with members of staff who are shielding or have caring or childcare responsibilities, and how they are to be enabled to continue at work. Our job as parliamentarians is to do the right thing and set an example for the country.

Let me deal with several of the issues that have come up in the debate. On Members who are shielding themselves because they are vulnerable, I welcomed the motions that the Leader of the House tabled and the House passed last week to enable them to participate virtually in scrutiny procedures and to vote by proxy. I would like the Leader of the House to go further, as he hinted he might, because I do not see why those Members cannot participate in legislative procedures. I accept that it may be too complicated and simply not possible to enable them to intervene, and they may have to accept that their participation is not quite as it would be if they were here, but I do think it is important that they are at least able to speak in debate, on behalf of their constituents. I hope my right hon. Friend will take that away and bring some motions before the House in good order.

I also agree with the right hon. Member for Orkney and Shetland (Mr Carmichael) about those with caring responsibilities. The Leader of the House is quite right—I looked at the guidance in some detail—that those caring for those who are shielding do not have to shield themselves; but if a member of my family faced a very high risk of death or serious consequences if they contracted covid, I would not want to take the chance of coming here. I can see why the needs of Members in that position need to be facilitated, and I think my right hon. Friend the Leader of the House hinted that he was considering bringing forward motions to deal with that.

[Mr Carmichael]

There is a practical consideration here. Many of those with an immediate family member who is vulnerable will find that they do not have access to carers, because carers are not able to come any more, so the caring duty falls automatically on to them.

[Mr Harper]

I am pleased that the right hon. Gentleman makes that point, which I believe is true, because it leads to my next point, which is about childcare.

In normal circumstances, Members of Parliament need to be careful when they complain about childcare. Compared with most of our constituents, we are very well paid; we are in the top 5% of income earners, so sometimes when I hear Members of Parliament complain about the difficulties of balancing working here with childcare—I accept that there are difficulties—I think that some of our constituents who have to manage working and childcare on considerably less generous salaries probably regard such complaints as self-indulgent. However, at the moment, it is difficult for people to get paid childcare, and many Members have children who are being educated at home, so it simply is not possible for them to get here and deal with those childcare responsibilities. Indeed, in his press conference on Wednesday 3 June, the Prime Minister, in answer to a public question from a lady called Toni, I think, accepted that lack of childcare was a perfectly valid reason for not being able to attend the workplace, and any good employer would recognise that in making decisions on whether an employee needed to report to work.

[Karen Bradley]

My right hon. Friend is correct, but there is another issue to do with childcare. As we are key workers, our children can go school, but there is a practical problem there: how do you get your children to and from school if you are in this place, doing your job as a parliamentarian, in the absence of the background childcare that you would normally have and the availability of grandparents and other relatives?

[Mr Harper]

My right hon. Friend is exactly right and makes that point very well. What is unique to us is that, even if a Member can send their children to school as a key worker, the children may go to school in the constituency, so if they cannot access paid childcare or family, the Member cannot perform their duties here. As I said, the Prime Minister himself accepts that that is a perfectly valid reason for not being able to attend. Such Members need to be able to participate in this House virtually and to vote by proxy.

The last point I wanted to draw to the attention of the Leader of the House is about legislation—the coronavirus regulations, which are the greatest restriction on liberty that we have seen in this country outside wartime, and perhaps ever. I accept that the first set of regulations were made by the Secretary of State using emergency powers under public health legislation and were not voted on by this House before coming into force, but those regulations have now been amended three times, and I do not think the urgency provision can really be brought into force, although the Secretary of State says it can. We have the absurd situation now where there have been two sets of amendments and the regulations have been amended a third time before this House has even had the opportunity to vote on the second set of amendments.

The importance of that is illustrated by the events of the weekend. Under the third set of amendments, which have not yet been debated and voted on by this House, any gathering of more than six people is unlawful—it is against the law. So every single person who attended one of those demonstrations at the weekend was committing a criminal offence. The point about the debate in this House is important because I suspect many of those people were not aware that they were committing a criminal offence and this House has not had the opportunity to decide whether restrictions on protest are acceptable—

[Mr David Davis (Haltemprice and Howden) (Con)]

Will my right hon. Friend give way?

[Mr Harper]

I will not, because I have only 30 seconds left. The House has not had the opportunity to decide whether the restrictions on protest are a proportionate mechanism for dealing with the coronavirus. So I ask the Leader of the House to make sure that these two sets of regulations are debated and voted on by this House at the earliest possible opportunity. May I also suggest that, if the Secretary of State makes any further amendments, he does not use the power to do so without this House having had the opportunity to take that decision itself?

Business of the House

Mark Harper Excerpts

Monday 23rd March 2020 Commons Chamber

[Mr Rees-Mogg]

I am grateful for the support of the right hon. Lady. Our hearts continue to go out to the family of PC Keith Palmer. It was a great sadness that afflicted them and the whole House three years ago.

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

Mr Speaker, I welcome your statement and the steps you have set out to enable this House to continue to fulfil its democratic role, but in a way that is safe and consistent with the advice that the Government have set out and expect our constituents to follow. In that spirit, if the Leader of the House is not able to update us today, will he think about what further steps can be agreed between Mr Speaker and the usual channels to enable the House to properly hold the Government to account over what might be a considerable period, as we deal with this virus, in a way consistent with the firm, important advice that we are giving to the rest of the general public?

[Mr Rees-Mogg]

My right hon. Friend raises a point that is being considered by the Government and which will be discussed with the official Opposition and other opposition parties. We will need to legislate and to ensure that the Government are held to account, but we may well have to do that in ways that are different from those we have used previously.

It is very encouraging to see that right hon. and hon. Members seem to be sitting at least 6 feet away from each other in the Chamber, and I would encourage that even on my own Front Bench. Government Front Benchers seem to be observing the suitable gaps at this moment, as do Opposition Front Benchers.

Business of the House

Mark Harper Excerpts

Thursday 9th January 2020 Commons Chamber

[Mr Rees-Mogg]

Congratulations, Dame Rosie, on your unanimous re-election yesterday as Deputy Speaker, having been elected by acclaim.

The hon. Member for Lancaster and Fleetwood (Cat Smith) raises an important point, as have other hon. and right hon. Members. There is a £500 million pot to reopen lines that were closed under Beeching, and there will potentially be an opportunity to discuss it on Monday 20 January in the debate on the economy and jobs. Rail is an important part of the economy, and that debate will be the first occasion to raise it.

I reassure the House that I am not the deaf adder. I have heard very clearly the widespread concern about rail, and it will have been heard by the Government and the responsible Ministers, too.

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

May I add my congratulations on your welcome return to the Chair, Madam Deputy Speaker?

The Leader of the House will be aware that Monday is the statutory deadline for getting the Stormont Executive back up and running. The talks are under way, and we all hope they are successful over the coming days. They will reach a conclusion, one way or the other, this weekend, so can he confirm that the Secretary of State for Northern Ireland will be making a statement to this House on Monday, either to announce that the Executive is back in operation so that Northern Ireland is properly governed or else to set out what steps the Government will take to ensure that the very serious issues for the operation of Northern Ireland’s public services can be properly dealt with?

[Mr Rees-Mogg]

The Secretary of State for Northern Ireland is working extremely hard, and worked hard over the Christmas break, with all the parties in Northern Ireland to try to ensure that the Assembly is up and running on 13 January. Progress has been made, but it is not possible for me to say where that will conclude or what statements there will be on Monday. It is important that this work proceeds and that the Assembly is reassembled. [Interruption.] I see nods from Northern Ireland Members, and I think there is a widespread feeling that the lack of an Assembly has gone on for much too long.

Business of the House

Mark Harper Excerpts

Thursday 24th October 2019 Commons Chamber

[Mr Rees-Mogg]

The Government are gravely concerned by reports of church closures in Algeria, including the recent closures to which the hon. Gentleman refers. The Government have been active in raising cases with the Algerian authorities, including at senior levels, underlining the importance of freedom of religion or belief, as set out in Algeria’s own constitution, and the need for Algeria to ensure that its laws and practices are consistent with the constitution. The promotion and protection of religious freedom is a high priority for the UK in all its international engagement.

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

The Leader of the House has set out his wish that the deal we have secured does not get bogged down for weeks and months. The Prime Minister has also said that—and I agree. If, as a result of the European Union’s decision, when it arrives, about the length of an extension, an opportunity presents itself to get that excellent deal ratified more swiftly, will the Leader of the House ensure that a Minister, if not the Prime Minister, can come to the House at an early opportunity to update the House about the Government’s plans?

[Mr Rees-Mogg]

The Government will, of course, keep the House updated on any developments, measures or happenings that take place at any time in relation to the European Union. The Prime Minister has spent almost 15 hours at the Dispatch Box, and he has therefore been most assiduous in answering right hon. and hon. Members’ questions.

Business of the House

Mark Harper Excerpts

Tuesday 22nd October 2019 Commons Chamber

[Mr Rees-Mogg]

I think the original understanding of limbo—one that is no longer widely accepted—is that it was a place for the souls of the unbaptised and for those who died before salvation was brought to us at the point of the Resurrection, but I think the understanding now is that that is rather a narrow interpretation.

The issue of what motivates people to vote in this House is one that is always very difficult to settle. I have always accepted that right hon. and hon. Members in this House want what is best for the country, but think that there are different ways to do it. But we must draw conclusions from people’s actions, and I do not think it is unreasonable to conclude that people who voted against the Second Reading of this Bill and against the programme motion are not the greatest admirers of the proposals towards Brexit.

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

In the exchange that the Leader of the House and I had yesterday, I said, and he agreed with me, that if people voted against the programme motion they would have blocked Brexit. They have indeed done that for a period, and that is a fact. The question in front of us all is whether they have blocked Brexit permanently, and that is something I think we should deal with. I am grateful to those Members who have taken the difficult personal decisions on behalf of their constituents to vote for Second Reading, and I urge my right hon. Friend and others on the Treasury Bench to think about ways in which we can deliver Brexit on 31 October—to get it done—while allowing the House more time to debate it, to see whether those two things can be reconciled. I note in conclusion that the Opposition Chief Whip did make an offer along those lines this afternoon, and that is something I think worthy of at least some consideration.

[Mr Rees-Mogg]

It is hard to see how the time could have been divided up otherwise. My right hon. Friend mentions the commitment to leave on 31 October and says that people may have voted to obstruct Brexit; they may find that all they voted for is for us to leave without a deal.

Business of the House

Mark Harper Excerpts

Monday 21st October 2019 Commons Chamber

[Mr Rees-Mogg]

I think the point is extremely obvious. If Parliament is legislating for something it is voting on it; under CRAG there is no need to have a vote on a treaty that is laid in front of this House.

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

I listened carefully to what the Leader said. He set out in his business statement the Government’s intentions for how long the Bill should take to pass through the House. That will happen only if the House agrees by voting for the programme motion. On Saturday, when the House failed to take a decision in principle following the amendment of my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) being successfully carried, many who voted for his amendment were clear that they wanted the House to be able to vote on this deal and get it through. I think even the shadow Chancellor suggested that it could get through by 31 October. It is only going to do so if that programme motion is carried. Can my right hon. Friend confirm to the House that if any Member votes against that programme motion, it will be fairly clear that what they were doing on Saturday and what they will be doing tomorrow is not trying to give the House more opportunity to consider this matter, but trying to frustrate the decision being taken?

[Mr Rees-Mogg]

My right hon. Friend’s grasp of detail is so great that it explains why Baroness Hale thought he was the Chief Whip; he is clearly completely on top of the subject, and that was an entirely understandable error to have made. He is of course absolutely right, and there is a very serious point in this: people who do not vote for the programme motion will be voting not to have Brexit on 31 October. They will need to understand that clearly, and they will not be able to persuade one set of people that they voted for Second Reading and therefore were in favour and another set that they voted against the timetable and were against; that won’t work.

Business of the House (Saturday 19 October)

Mark Harper Excerpts

Thursday 17th October 2019 Commons Chamber

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

I will keep my remarks brief because I am conscious that the House wishes to make a decision and the Leader of the House made such a comprehensive speech. I first want to reflect briefly on the timings for Saturday. I heard what the right hon. Member for Broxtowe (Anna Soubry) said. It is very clear under what is known as the Benn Act—I will give it that term, given that the right hon. Member for Leeds Central (Hilary Benn) is in the Chamber—that a decision has to be made by the House before the close of business on Saturday if an extension request is to be avoided. The reason why the drafting of the Act is so important is that now that the Prime Minister has secured a deal that has been recommended for approval by the Presidents of the Commission and the Council, an extension secured under the Act would be particularly perverse, because it would specifically require the Prime Minister to seek an extension not in order to pass the deal he has just achieved, but to go back and try to pass the deal rejected three times by this House. That seems to me to be remarkably foolish. I see the right hon. Member for Leeds Central looking at me quizzically, but that is what section 1(4) of his Act says, and it seems to me that that would be ridiculous. Avoiding that foolish eventuality does necessitate a sitting on Saturday.

My second point, in response to the amendment moved by my right hon. Friend the Member for West Dorset (Sir Oliver Letwin), is that the Benn Act requires the House to make a clear decision on whether it approves the deal. The cluttering up of a motion with lots of qualifications may not comply with the terms of the Act and it will be confusing. It may be that if my right hon. Friend’s amendment were passed, Members might be tempted to try to frustrate reaching a deal by tacking on an amendment for a second referendum. I wish to avoid that outcome and would say that anybody who votes in favour of my right hon. Friend’s amendment is helping those who wish not to carry out the democratic wishes of the British public.

The final point I want to make is for my right hon. Friend the Leader of the House to note—perhaps he can respond to us before Saturday—and it is about ensuring that we are all able to be here. I understand that a march or a demonstration is to take place. First, will he make sure that the Metropolitan police take steps to ensure that Members may access the parliamentary estate and leave the estate in good order, and will that fact be communicated to Members? Secondly, will he not only ensure that all the documents are made available online, but reflect on how they will be made available to Members in hard copy in good time for the debate? Will he ensure that that information is communicated clearly? That will help to facilitate a good debate. I look forward to the House’s approving that debate today and its taking place forthwith.

Business of the House

Mark Harper Excerpts

Thursday 17th October 2019 Commons Chamber

[Mr Rees-Mogg]

The right hon. Gentleman has not asked for a debate, an Adjournment debate or a statement. His question is therefore irrelevant.

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

If the House does indeed sit on Saturday, and if it does indeed approve the deal that the Prime Minister has secured, does it remain the Government’s intention to bring forward the legislation necessary to implement that deal so that we can leave by 31 October? Will the Leader of the House therefore be returning to the House on Monday to make a further business statement?

[Mr Rees-Mogg]

I am grateful to my right hon. Friend for that important question. If the motion tabled for Saturday is passed, legislation will have to follow, so I fear that I may be troubling the House with further statements next week.

Business Statement

Mark Harper Excerpts

Tuesday 15th October 2019 Commons Chamber

[Mr Rees-Mogg]

The report was meant to have been laid on 14 October, so I can only apologise if it is not in the Vote Office. That will be looked into immediately after I have sat down. With regard to Saturday, the issue there is that a Saturday sitting is an extremely unusual process dependent upon events, but the events that may require a Saturday sitting have not yet reached their fruition. It is only after that point has been reached that it would be sensible to confirm what exactly will be happening on Saturday, but of course it will be my aim to bring an announcement to the House as soon as possible in that regard.

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

I did not intend to intervene on the Leader of the House until the hon. Member for Rochdale (Tony Lloyd) asked his question about Saturday. It might just be worth drawing this point to his attention, because he does raise some perfectly understandable diary uncertainty. The challenge around the Saturday sitting was really put in train by all those Members of the House who voted for the surrender Act. It is the deadline in that Act, Saturday 19 October, which would potentially necessitate the sitting of this House on that day, so if he has diary concerns, he should really look in the mirror.

[Mr Rees-Mogg]

My right hon. Friend makes an absolutely valid point. It was of course the surrender Act that set the date of 19 October for its coming into force and that is why events may have to take place on Saturday. I hope that Members of the House will be reassured that the House has met on a Saturday in 1956 and 1982. We are Members of Parliament. It is our duty to attend to the serious business of the state, as we had set out to us by Her Majesty only yesterday, and to meet twice or three times on a Saturday in 70 years is not too inconvenient, even for those with the most pressing diary concerns.