Business of the House

Paul Farrelly Excerpts

Thursday 26th January 2017 Commons Chamber

[Chris Leslie]

Madam Deputy Speaker, you are entirely right to focus on the narrow nature of this particular motion, but I believe that the motion should have made reference to the White Paper. Although it allows Members to table amendments before Second Reading, it does not necessarily mean that we can table amendments with the White Paper having been published. We are tabling amendments for discussion after Second Reading, when the White Paper that has been promised may not be available.

[Paul Farrelly (Newcastle-under-Lyme) (Lab)]

rose—

[Stephen Doughty]

rose—

[Chris Leslie]

I will give way to my hon. Friend the Member for Newcastle-under-Lyme (Paul Farrelly) first.

[Paul Farrelly]

Clearly, this Bill has been tabled with great speed following the Supreme Court decision. We are, I understand, not being given that long a time to debate it. Is my hon. Friend certain that, given the complexity of this matter, this Bill is fully compliant with the judgment of the Supreme Court, particularly as the triggering of article 50 is irrevocable?

[Chris Leslie]

I do not want to stray beyond the precise terms of the motion, which I appreciate is very much about the timing of the tabling of amendments. My hon. Friend may not only bring up that point in debate on Second Reading, but consider addressing it by tabling an amendment to the legislation.

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[Chris Leslie]

I do appreciate that it is a very narrowly drafted motion. It does indeed say that, in respect of this particular Bill,

“notices of Amendments, new Clauses and new schedules to be moved in Committee may be accepted by the Clerks at the Table before the Bill has been read a second time.”

That in itself begs a number of questions. You may have noticed, Madam Deputy Speaker, that a queue has already formed beside your Chair of hon. Members who may wish to table amendments. I understand that if we wish to table amendments at the passing of this motion, we should approach the Table and hand them over to the Clerks. I suspect that there will be a great deal of demand for the Clerks’ time and attention. Indeed, one issue that I wish to raise—perhaps the Minister can respond to this—is to do with the pressure that will be on the Clerks over the coming days because of the demands of Members wanting to table amendments. [Interruption.] There is sympathy, I hear, from my hon. Friend the Member for Wythenshawe and Sale East (Mike Kane), who is known for his close affinity with the Clerks and his appreciation of procedure. It is a serious point. The Second Reading debate is on Tuesday and Wednesday, and the Committee stage is the following week, ridiculously gagging Parliament in its ability to scrutinise the legislation properly, given that the Maastricht treaty had 23 days of consideration and the Lisbon treaty had 11 days.

With regard to the motion and the timings for tabling amendments—I hear your entreaties, Madam Deputy Speaker—I would like the Minister to consider whether there are any precedents for this sort of motion, for example when legislation relating to other EU treaty revisions was considered. Did we have this for the Maastricht treaty, the Amsterdam treaty, the Nice treaty or the Single European Act? Does the Minister have something to say about the timing of the White Paper that could inform our ability to table amendments?

I have managed to scribble down—not on velum, but on the paper available in my office—22 amendments that I think are appropriate for this legislation. Perhaps I have shot myself in the foot by catching your eye, Madam Deputy Speaker, because I have missed my place in the queue that is forming by your Chair to table said amendments; that is the lot that I will have to live with by making these points about the motion.

I would also like to know whether the Procedure Committee has been consulted on the motion, because, as I understand it, this is a highly unusual change. It is not necessarily unwelcome, but it is symptomatic of the Government’s intention to override the procedures and conventions of the House that would normally allow us to reflect on something before tabling amendments.

It is important that Members of the House exercise their right to reflect on the consequences of this legislation. It is one of the most important decisions that we will make, certainly this year, definitely in this Parliament, and perhaps in my time in the House. I think all Members should think about amendments that might be pertinent to the legislation. Yes, the Bill might be narrowly drawn, as some have said—how could we possibly want to amend a Bill that is just one clause long?—but a short sentence can have a vast effect on public policy and on our constituents. It is our duty to think about the amendments that might be relevant and table them when the motion is passed. I hope that all hon. Members will think about their responsibilities.

It looks as though the Clerks are going to have a very busy weekend trying to ensure that the drafting of amendments is in order. Some people say that there are a lot of lawyers in the House—I am not a lawyer, but I know many who are—but we still sometimes need assistance in the phraseology and terminology of amendments.

The Minister should at least do us the courtesy of explaining why he has tabled the motion and set out the fact that this is the beginning of the concertinaing of the parliamentary consideration of the European Union withdrawal Bill. For him not to do so, and simply to stand and say, “I beg to move”, is yet another sign of the Government’s arrogance. Perhaps they have not properly reflected on the judgment of the Supreme Court, which insisted that Parliament has the duty to legislate on these matters and that it is not something for the Crown prerogative. It is for us to amend the Bill and ensure, if we have to table amendments before Second Reading, that we have those particular rights.

[Paul Farrelly]

I totally agree with my hon. Friend about this very unusual motion. I would simply like to know what precedents there are for this on major or minor legislation. It is entirely unclear to me what the deadline will be for tabling amendments. Presumably,

“before the Bill has been read a second time”

means that we could hand in our amendments right up to the deadline, but unless they are printed for consideration, how can the House properly consider them?

[Chris Leslie]

That is a good point. I presume a notice of amendments sheet will be published tomorrow morning, as of course the House is sitting, and then again on Monday, and that it will list the amendments that begin to accrue before we get to Second Reading next week. I wonder whether hon. Members might like a wager on how many amendments we will have on the amendment paper before we even get to Second Reading. It could be a record for the House.

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[Stewart Hosie]

Indeed. This point is oft repeated, but one could—again, without stretching your patience too much, Madam Deputy Speaker—add the Scottish fish processing sector to the hospitality sector, for precisely the same reason. Given that the Clerks will not, I assume, have had access to the White Paper to identify what may or may not have been accepted by way of clarity or change, that makes these things extremely difficult.

[Paul Farrelly]

I was just reading the explanatory notes to the Bill, explaining why the fast-tracking is being adopted and therefore we are considering this motion now. The House agreed in December—I did not; I voted against the motion, as the hon. Gentleman did—to authorise the invoking of article 50 by the end of March. But at that stage we did not know what the Supreme Court judgment would be, neither in respect of the role of this House nor in respect of the role of the other legislatures. Does the hon. Gentleman agree that, now that circumstances have changed, it is right that the House reconsiders, and that therefore the explanatory reason for the fast-tracking really does not hold water?

[Stewart Hosie]

I think, on balance, that that is probably correct. The additional time for the amendments is welcome, but the fast-tracking of what is a very small measure, when the Government would appear to have an in-built majority, seems like unnecessary haste, which is intended only to meet arbitrary timetables rather than to allow proper, detailed and timeous scrutiny.

We will not oppose the motion—as I say, the opportunity to table amendments in advance of Second Reading is welcome—but I am sure that no one will be left in any doubt that it is not without some significant and substantial problems.

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[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

It is unusual to have a debate on this sort of procedural motion, but it is important—it is a matter of principle—for our constituents to understand the processes of this House, given that we are about to embark on the enterprise of debating and amending the European Union (Notification of Withdrawal) Bill and of voting on it. It is a matter of generational significance. This is not just any other piece of legislation; it will affect the prospects of people in my constituency, as well as businesses, organisations and people up and down Wales, for many years to come.

It is only right that the public understand the processes of this place, which can often seem labyrinthine. I support the agenda, which the hon. Member for Livingston (Hannah Bardell) just spoke about, of simplifying and straightening out some of our procedures. I wonder whether the Procedure Committee has looked at the matter. I have not seen such a motion before, except perhaps on emergency anti-terrorism legislation or things of that sort. It is an unusual motion.

Although having more time to table amendments is welcome, this is an odd direction for the Government to take. We will not have been through the Second Reading debate, we will not have seen a White Paper and we will not have been able properly to think through the structure of the amendments, new clauses and new schedules that we might wish to table. We will not have had a chance to consider who we might wish to table them with, or who we might want to ask to support them, to show the confidence of the House. As you know, Madam Deputy Speaker, those matters have great significance in determining which amendments are selected and which can be voted on.

I went through a frustrating experience recently on a similarly short Bill, the Commonwealth Development Corporation Bill, to which I and many others tabled amendments on several important issues. Because of the nature of the debate and the rules set by the usual channels and others, only a certain number of votes could be taken. An amendment that I had tabled, which had cross-party support from the SNP, the Lib Dems, the Greens and others from across the House, was not voted on because we were told that there could be only two votes as a consequence of the limitations on time and process.

I was deeply concerned when I heard confirmation in the business statement this morning that there would be only three days of debate on the Bill in Committee. We do not know how much time there will be for debate on Report, or, crucially, what knives will be inserted into the debate.

[Paul Farrelly]

Does my hon. Friend agree that this is a strange day on which to table a motion that effectively starts the exit process? No votes are expected, and therefore most Members—just look around—are back in their constituencies. Many are campaigning in two by-elections. Does he agree that the way in which the motion has been tabled today brings the House into disrepute? It would have been quite easy for the Government to have tabled a similar motion on Monday to give people a week to consider it, and then to start Second Reading the following week? [Interruption.]

[Stephen Doughty]

My hon. Friend makes an important point. It is typical of this Government to table things at the last minute on a Thursday when they think that people have gone home, when nobody is watching and when they expect business to have concluded. It is important that my constituents and the public understand how procedural devices in this House are often used to frustrate debate and discussion, and to frustrate the reasonable scrutiny of Parliament; fundamentally, the Supreme Court has said that such scrutiny is crucial on a matter as important as this. I was disappointed to hear the Deputy Leader of the House of Commons chuntering “time wasting” during my hon. Friend’s intervention. This is about Parliament having a say, and it is about having proper scrutiny and proper process on something so fundamental, which will affect generations to come.

I do not normally like to get into big procedural debates in this place; I normally like to talk about issues of substance. But when we are about to embark on a debate on such an important matter, it is absolutely crucial that we have the most transparent, accessible and open processes for the tabling of amendments, new clauses and new schedules, and for debating and voting on them.

--- Later in debate ---

[Stephen Doughty]

I do not necessarily disagree with the spirit of what the hon. Gentleman says. I know that he, as an assiduous contributor to debates in this House, including on amendments and parliamentary procedure, would welcome proper scrutiny. Whether or not we agree on the result of the referendum or about how to take the process forward, he would agree with me about the importance of this place, its processes and the way in which we debate such matters.

It is important to understand that the order in which amendments are tabled in this place can significantly affect the ability to speak on them, particularly when the time to debate them is curtailed; it also affects which amendments we can vote on. I would be deeply concerned if we started to see procedural chicanery by the Government—by the Whips and others—and attempts to curtail debate and to prevent the reasonable discussion of matters in this House. [Interruption.] A Government Whip is chuntering already.

We all understand the result of the referendum and we all have different views on it, but we have many concerns about how the process is being undertaken. I believe that the Prime Minister has already shown a great deal of contempt for this House by not turning up to explain herself and answer questions. The Government have been forced into a corner about publishing a White Paper. They now appear to be tinkering with the proceedings of this place, and to be rushing headlong into the process without allowing proper and adequate scrutiny.

I raise these issues not as an attempt to frustrate or stop the process—I will not oppose the motion—but because I want the public, including my constituents, to understand that there are those in the House who often abuse its procedures to prevent reasonable scrutiny and to prevent votes. I would be deeply concerned if that were to continue during the next few weeks. We have already seen a habit formed by this Government and we have already seen their direction of travel, but I sincerely hope it stops right now, so that we can have proper debate and scrutiny.

[Paul Farrelly]

Will my hon. Friend give way?

[Stephen Doughty]

I will give way briefly before I sit down.

[Paul Farrelly]

I have caught my hon. Friend in the nick of time. I certainly hope that my latest intervention is not “time wasting”. Does he agree that it would be a very sad day if the procedures meant that the time provided for debate in this House on such an important decision was less than the time provided in the unelected other place?