Business of the House Debate

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Department: Leader of the House
Wednesday 3rd April 2019

(5 years, 3 months ago)

Commons Chamber
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Oliver Letwin Portrait Sir Oliver Letwin
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Alas, I think that Brexit will leave behind it a trail of many difficulties for our nation, as we seek to heal the divisions and so on. But I suspect that one of the good things about it is that it will have provoked between my hon. Friend and myself many years of interesting discussion about the evolution of our constitution. My own view is that our constitution is not very well constructed, and does not contain proper checks and balances in a written form in the way in which some better constitutions do. Interestingly, that includes the Basic Law, which we ourselves wrote for the Germans and which is a much better organised constitution; there is not the veto to which my hon. Friend refers, but there are checks and balances through which it would certainly be impossible for the Government to engage in the sort of things that have become usual since 1902—I mistakenly referred to 1906 on a previous occasion—and that have given the Executive too much control over the proceedings of the House of Commons.

Interestingly, some of my hon. and right hon. Friends, including my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), have for a very long time argued that the Executive have too much control over the House of Commons. It is just that, on this particular occasion, he would like the Executive to have more control—or would have liked the Executive to have more control before yesterday, in any case. I rather think that people’s views on this constitutional matter are currently being overly influenced by their view of what the desirable result is, and I admit entirely that mine are too.

I do not think that this is a minor constitutional wrangle. We could go on happily having this discussion for some years, and ought to in a proper way. I am sure that my hon. Friend the Member for Broxbourne (Mr Walker), the Chair of the Procedure Committee, will want to inaugurate proper discussions of these things at much greater length. At the moment, this nation faces a very serious issue by anybody’s reckoning—those who are in favour of stepping out on Thursday week and those who are against it. We all agree that it is a very important step. The business of the House motion provides for a Bill that has the effect of making it not possible for a Prime Minister to take that step without coming to the House, proposing an extension and trying to obtain an extension approved by the House from the EU. That is the importance of it, and I think that it is actually very important.

Nadine Dorries Portrait Ms Nadine Dorries (Mid Bedfordshire) (Con)
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I am desperately fond of my right hon. Friend and I apologise to him for what I am about to say. He is a previous member of this Executive and a fixer for the Government over a long period, and has on many occasions taken advantage of the fact that there were not necessarily all the checks and balances that he needed to be in place in order to move legislation that he wanted to move in the House. Is there therefore not a slight whiff of hypocrisy that he is now lamenting the lack of those checks and balances? And is not this tiny emergency Bill, without time for proper scrutiny, just here to thwart the process of Brexit?

Nick Boles Portrait Nick Boles (Grantham and Stamford) (Ind)
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On a point of order, Mr Speaker. Is the phrase “slight whiff of hypocrisy”, when it is implied that it is coming from the right hon. Member for West Dorset (Sir Oliver Letwin), in order? I am sure that you will be able to advise me.

John Bercow Portrait Mr Speaker
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I was diverted by a former Deputy Leader of the House, who was perfectly legitimately whispering into my ear, as colleagues often do when there is a matter of great moment in their minds, and therefore I did not hear it. I am not disputing what the hon. Gentleman has said—

Nadine Dorries Portrait Ms Dorries
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I am happy to repeat it.

John Bercow Portrait Mr Speaker
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No, there is no requirement for repetition by the hon. Lady. I think that she was making what I would call a political charge. I find it unimaginable that she would make an accusation of personal dishonour against the right hon. Member for West Dorset. If she were to make such a charge, I feel sure that she would be in a minority of one.

Nadine Dorries Portrait Ms Dorries
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indicated dissent.

John Bercow Portrait Mr Speaker
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The hon. Lady shakes her head, and that satisfies me. I think that we will leave it there.

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Oliver Letwin Portrait Sir Oliver Letwin
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I am sorry. I will take one more intervention, from the former leader of my party, my right hon. Friend the Member for Chingford and Woodford Green (Mr Duncan Smith), whom I could not possibly deny, and then I shall resume my seat, in deference to the Chair of the Procedure Committee, my hon. Friend the Member for Broxbourne.

It is perfectly true that Governments of all hues have used their power when they have a significant majority to move things through the House in ways that would not be possible without a majority. I do not complain about Governments doing that when they have that capacity, but neither should Governments complain about the House taking control of its own Order Paper when they lack a majority. The reason the Government lack a majority in this case is that various hon. Friends were unwilling to back their deal, which I have repeatedly voted for, which would have avoided the need for all this.

Nadine Dorries Portrait Ms Dorries
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As did I.

Oliver Letwin Portrait Sir Oliver Letwin
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I am well aware that my hon. Friend did, and I welcomed her arrival in the Lobby. I am just pointing out that it was not me who designed an arrangement that meant it was necessary to take these actions.

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Pete Wishart Portrait Pete Wishart
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I love this—this is really good stuff and entertaining. So taking back control is qualified: it is taking back control as long as it is the hon. Gentleman’s control. This is how these things become particular issues for him.

Nadine Dorries Portrait Ms Dorries
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I appreciate the hon. Gentleman’s words about taking back control and his passion for Parliament, but does he not accept that people watching what is going on with this Bill today will just see it as another means to obfuscate, delay and kick the can down the road, not what people expect us to be getting on with here, which is voting for a deal and leaving?

Pete Wishart Portrait Pete Wishart
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I say to the hon. Lady that this is about the only means we have actually to make progress in this House. We are going to get a Bill through the House of Commons, I hope later today, which will allow some sort of way forward so that we will be able to make sure that there is a plan to take forward, because if we do not we are crashing out next Friday, and we have to make sure that does not happen.

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Nadine Dorries Portrait Ms Nadine Dorries (Mid Bedfordshire) (Con)
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I will keep my remarks brief. I think I understand the reasons that this Bill has been brought to the House today and I agree with everything that my colleagues have said. I do not think that there is the need for it, and I think everybody in the House would live to regret the day that this Bill was passed. I know that emergency powers have been used in the past, long ago—1938 was the last time. At that point, there was a consensus on both sides of the House that a Bill needed to be passed and there was urgency to do so. A resolution was needed and a decision needed to be made, which is why emergency powers were used. However, I believe that we will rue this day.

I understand why my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) has done this. We have talked today about the fact that the Prime Minister has applied for her extension. Who knows what the news will be by the end of today, given how fast things are changing? However, I do not believe that my right hon. Friend cares much about what happens or what the Prime Minister is doing. I think that his mistrust lies with the EU itself. I think he believes that perhaps the EU will simply not grant that extension and will push the UK, by accident, into no deal, and we will be unable to prevent that from happening. My right hon. Friend is sitting behind me, and I have no idea whether or not he is nodding, but I understand his reasons, even though I do not agree with them.

Members have said here today that there is a division in the country—in families, in communities, in businesses—but I do not believe that that is the case any more. I believe that that strongly was the case post-referendum, but as time has passed, people have no longer said to me, “Just get this over the line with no deal,” or, “Just get this over the line with a customs union and a single market attached,” or, “Just get this over the line with ‘a’ customs union, not ‘the’ customs union.” What people say to me now is that they have utter disdain for Parliament and for us. It is a plague on all our houses that, following the referendum, we are here today passing bits of tacky legislation to prevent ourselves from delivering on what the British public—according to their sovereign right—asked us to do, which was to enact their democratic vote to leave the European Union.

I voted for the Prime Minister’s deal, once I had received legal assurances from the Attorney General on its second outing. The right hon. Member for Leeds Central (Hilary Benn) said in his speech that he did not vote for that deal—for the withdrawal agreement—because he did not like the political declaration and the ambiguity contained therein. Well, the Prime Minister separated the political declaration from the deal and brought it back, and he still voted against it. At no time have Opposition Members, apart from five of them, voted to deliver on the result of the referendum.

However, I do not exclude Conservative Members from my excoriation. There are Members on these Benches who want only, and nothing but, to pursue the holy grail of a no deal. There are Members who are trying to prevent Brexit from happening at all. We in this place owe it to the British people to reach a consensus and to deliver on the result of that referendum, because at the moment they are not divided in their utter disdain for this place and for Members on both sides of the House. None of us is free from that, and none of us is excused from it.

I will not support the Bill tonight. I think that what we should all have done was support the Prime Minister’s deal. If at the time of its second presentation everyone in the House had supported it, the country would have a different opinion of us today. We would have delivered what the country wanted, and, using the political declaration for the purpose of a future working partnership, and using those attached documents with the ambiguity contained therein, we could have negotiated what would have been the best deal for Britain. But we blew it—we did not do it—and I am afraid that that is shame on both sides of the House.

I am sorry that this Bill has come forward. There will come a day, whether it is five, 10 or 20 years from now—most likely 20 years, I think—when Members on the Opposition Benches will be over here and we will be over there, and we will use this against them. We will use it to our advantage. If they vote for the Bill tonight and it is passed, they should bear that in mind—they will rue this day.