John Bercow
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Business of the House
John Bercow Excerpts(5 years, 7 months ago)
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Mr Speaker
I must inform the House that I have selected amendment (a) in the name of the right hon. Member for Leeds Central (Hilary Benn), and that he will be called to move that amendment at the end of the debate.
Daniel Kawczynski (Shrewsbury and Atcham) (Con)
I think that my right hon. Friend said earlier that the British people were against a WTO arrangement, but the latest opinion polls that I have seen—certainly in my constituency—say that more British people are actually in favour of a WTO exit. What is his message to those millions of Britons who do believe in a WTO Brexit?
Mr Speaker
Order. That is an extraordinarily interesting point from the hon. Gentleman, but it suffers from the disadvantage that it does not in any way relate to the business of the House motion on which we are now focusing.
Sir Oliver Letwin
I therefore will not dilate on the subject, but let me just say that I did not say anything about a WTO exit. There could well be circumstances under which people were in favour of a WTO exit. What we are discussing is the question whether it would be appropriate for the UK to leave the EU next Thursday without a deal, which is a wholly different matter.
Paragraphs (14) to (18) of the motion simply prevent the mischief of the Bill being hijacked by anyone other than its promoter. Again, these paragraphs are standard fare in any business of the House motion of this kind, except that they add further provisions against dilatory motions. Some of my hon. Friends—in particular, one right at the end of the Bench, my hon. Friend the Member for North East Somerset (Mr Rees-Mogg)—are great experts at dilatory motions and are really quite brilliant at them. I hope and expect that, notwithstanding their brilliance, they have in this case been prevented from exercising it.
Sir Patrick McLoughlin (Derbyshire Dales) (Con)
I am intrigued by the word that my right hon. Friend used. Will he be a little more honest with the House? When he says “hijacked”, does he mean that other colleagues might seek to use the same parliamentary practice that he has done today?
Mr Speaker
The right hon. Member for West Dorset (Sir Oliver Letwin) is never anything but completely honest. I know that the right hon. Member for Derbyshire Dales (Sir Patrick McLoughlin) used the words loosely and I am sure that he would not for one moment suggest otherwise, because that would be quite wrong. He said, “a little more honest”. The right hon. Member for West Dorset is always impeccably 100% honest, as is every right hon. and hon. Member in the Chamber.
Sir Patrick McLoughlin
One of the things of which I am absolutely certain is that my right hon. Friend will be able to answer my question. Let me use the word “straightforward”, rather than “honest.”
Mr Speaker
The right hon. Member for Derbyshire Dales has clarified his thinking and has used slightly more felicitous language, and I think that the right hon. Member for West Dorset—I do not mean this unkindly—is more than able to cope.
Sir Oliver Letwin
I would never take offence from my right hon. Friend the Member for Derbyshire Dales (Sir Patrick McLoughlin), who is a very old friend and colleague. We have been through many things together in Cabinets and shadow Cabinets over many years, and although we disagree about this particular constitutional issue, we agree about much else.
It is of course the case that the Standing Orders of the House of Commons are the possession of the House of Commons. It is therefore the case that, as in all other matters pertaining to the House of Commons, a majority may alter them. If my right hon. Friend is asking me the only question that he can logically ask me under those circumstances—that is, whether a majority of Members of the House of Commons can alter the Standing Orders of the House of Commons at any given time should they wish to do so—the only answer I can give him is the only answer that he could give me as a former Chief Whip, which is yes.
Normally, the Government Chief Whip commands a majority sufficient at all times to ensure that the Executive are able, in effect, to change the Standing Orders of the House of Commons, but this is a very unusual provision of our Parliament. In the United States Congress and many other legislatures, it would be regarded as quite intolerable for the Executive to be able to change the procedures of the House using that kind of whipping, to which we are entirely accustomed. However, it is our method, and if the Government of the day have a sufficient majority to be able to do so, they will be able to exercise that method. On this occasion—not in general, but in relation to this particular set of issues—the Government do not command a majority in all cases, as has been frequently remarked by Members on both sides of the House. They may do tonight or they may not; they have not on some other occasions. Where they do not command a majority, it is open to Members of the House of Commons in the majority to alter the Standing Orders.
Nick Boles (Grantham and Stamford) (Ind)
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.
Mr Speaker
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—
Mr Speaker
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.
Mr Speaker
The hon. Lady shakes her head, and that satisfies me. I think that we will leave it there.
Mr Charles Walker (Broxbourne) (Con)
On a point of order, Mr Speaker. The order of the day is brevity. I say that very gently to my right hon. Friend the Member for West Dorset (Sir Oliver Letwin), who has now been speaking for 35 minutes.
Mr Speaker
That is true, although, in fairness to the right hon. Gentleman, he has been solicitous at every turn in taking interventions from colleagues, the effect of which, as they know, has been to lengthen his oration. I call the right hon. Gentleman to respond to the intervention from the hon. Member for Mid Bedfordshire (Ms Dorries).
Sir Oliver Letwin
I will respond, and then I shall resume my seat, in deference to—
Several hon. Members rose—
Mr Speaker
Order. I should inform the House that if the business of the House motion passes, amendments and new clauses may be accepted by the Clerks at the Table before the Bill has been read a Second time. This must be done in the Chamber only, not in any of the Clerks’ offices. However, it would be helpful if Members intending to table such amendments and new clauses shared them electronically with the Public Bill Office. In order to produce an amendment paper as soon as possible after amendments and new clauses are tabled, the Chairman of Ways and Means has decided that only the first six names for each amendment or new clause will be published. However, a full list of all names will be produced as soon as possible and made available in the Vote Office.
Sir William Cash
Just one moment—if I may, I will finish my initial response. I have to say that there are some difficulties arising on that question. Actually, the Government’s business taking precedence under Standing Order No. 14 gives this right to the British people, in line with a majority that does exist.
Mr Speaker
For the avoidance of doubt, I think I am right in stating to the House that Sandbach is a place and indeed, that it is not all that far from where the hon. Lady represents, but she is of course Antoinette Sandbach, the hon. Member for Eddisbury.
Antoinette Sandbach
Thank you, Mr Speaker. I am grateful to my hon. Friend the Member for Stone (Sir William Cash) for allowing the intervention, because I had always thought that it was a principle that Parliament has ultimate sovereignty in the UK.
Sir Patrick McLoughlin
On a point of order, Mr Speaker. Perhaps you could inform the House of what is happening.
Mr Speaker
I have never accused the right hon. Gentleman of being impatient. I was minded to do that very soon, and I completely understand why he, and everyone else, wants resolution. There was a degree of uncertainty; that explains the delay. In the circumstances, I thought it courteous and proper to ask that the two Chief Whips confer, but I did indicate that the exchange between them should be brief, so I hope to be able to announce the situation to the House extremely soon. I quite understand why the right hon. Gentleman wants to get on with matters; so do I, but I want to do so in a way that is proper.
Mr Speaker
No, no; it is fair enough and perfectly proper. I call Mr Mark Francois on a point of order.
Mr Francois
Mr Speaker, there are rumours that it is a tie, in which case could we have a people’s vote and do the Division twice?
Mr Speaker
I am grateful to the right hon. Gentleman for his point of order. I will not comment on rumours. He has had his fun. I hope he has enjoyed himself, and I am glad that he has preserved his sense of humour. A resolution will be achieved very soon; patience is rewarded.
Sir William Cash
Further to that point of order, Mr Speaker. If it turns out to be a tie, and I have no idea if it is—
Mr Speaker
Order. May I very politely suggest to the hon. Gentleman, whom I always treat with the utmost courtesy and respect, that rather than asking me what will be, he just waits for a very short time? I know exactly what the situation is in the as yet hypothetical scenario that he describes, and I will give a very clear ruling to the House. If he is still unclear or dissatisfied after that, he can come back at me.
Mr Speaker
Order. In accordance with precedent, and on the principle that important decisions should not be taken except by a majority, I cast my vote with the Noes, so the Noes have it. By casting vote, it is 311 to 310. That is the proper way in which to proceed.
Question accordingly negatived.
Sir Patrick McLoughlin
On a point of order, Mr Speaker. I cannot recall when this situation last happened. I am sure that you have been told of the precedent, so perhaps you would like to inform the House.
Mr Speaker
In my recollection—I have been saying this to audiences across the country for years, so I hope it is right—the last occasion on which the Speaker had to exercise a casting vote was in 1993. I will be corrected by the hon. Member for Stone (Sir William Cash) if I am wrong, but I believe that it was appertaining to the Maastricht treaty Bill. I say to the right hon. Member for Derbyshire Dales (Sir Patrick McLoughlin) that I am probably pushing my luck here in the face of such an established authority as the hon. Member for Stone, but I think that it was on an amendment in the name of the then Leader of the Opposition relating to the social chapter. Speaker Boothroyd cast her vote in the way that she did, against that amendment.
The rationale—I say this as much for the benefit of new Member as of others—for the exercise of the casting vote is, as I have said, that it is not for the Chair to create a majority that does not otherwise exist. The way in which the casting vote is exercised also depends on the stage at which a matter is being aired. For example, it could be, and probably would be, exercised differently on Second Reading of a Bill, because there is an important principle of encouraging further debate. It might then be used to send a Bill into Committee when it is not going to get on to the statute book straight away. If it was the final stage of the Bill, the casting vote would be against. In a situation in which a decision would be made that a day would be allocated for particular business, I judge that it is not right for me to make that decision if the House has not done so by a clear majority. I hope that that is clear and generally acceptable.
Mr Speaker
No more required; I am being teased mercilessly by the hon. Member for East Worthing and Shoreham (Tim Loughton) and possibly by others—[Interruption.] I thought it was he, but anyway, people were saying, “More!” They do not want more, although I think that the hon. Member for Stone usually does.
Sir William Cash
On a point of order, Mr Speaker. Let me simply say that I quite understand the way in which that decision was arrived at. I did refer briefly to Speaker Denison’s rule. Of course, it so happens that this particular Bill should be about the European issue, on which the Maastricht treaty was also extremely important.
Mr Speaker
I do not want to tease the hon. Gentleman, but I think that Hugo Young’s book has a whole chapter about him. The hon. Gentleman is not only an historical figure; some people might think that he is a world historical figure.
Mike Gapes (Ilford South) (Ind)
Further to that point of order, Mr Speaker. Those of us who took part in that vote in 1993 will recall that Speaker Boothroyd cast her vote in favour of the Government because there was thought to be a tie. It was discovered the next day that the Government had in fact won the vote by a majority of one, and that therefore the Speaker had complied with what would have happened anyway. Can we be certain that this tie is accurate? [Interruption.]
Mr Speaker
Order. I understand that Members want to move on, but we must hear the rest of the point of order.
Mike Gapes
If we discover subsequently that there has been an inaccuracy, will we be able to revisit this exact motion in future?
Mr Speaker
None of us—myself included—has Kantian perfect information on the subject, and I witnessed that there was some uncertainty. What I can vouchsafe to the hon. Gentleman, without causing any offence, is that in so far as there was some uncertainty about the vote, it was about whether it was 310 each or whether, as in the view of one Government Whip—it was not advanced with great certainty—the Government might have secured 311 votes. I do not think that there is any suggestion that the decision has worked against the right hon. Member for Leeds Central (Hilary Benn). In the event that there was an error, I think that I will resort to the Willie Whitelaw defence at this stage: let us cross that bridge if we come to it. I am not anticipating that we will do so. I thought it prudent to ask the Government and Opposition Chief Whips to confirm, and they did so amicably, as far as I know, and appeared to reach an agreed conclusion. There is no need to create a row, on top of all other rows, where there is none.
Kevin Brennan (Cardiff West) (Lab)
Further to that point of order, Mr Speaker. That is also my understanding of what happened in 1993, but can you clarify, just for the House’s information, whether the result of the vote that has just been announced is based on the Whips’ count or on the Clerks’ count?
Mr Speaker
The answer is that it is based on the Whips’ count, but the Clerks’ count is the same. I am not inviting the hon. Gentleman to put that in his pipe and smoke it, because I am sure that he does not have a pipe and, as far as I know, he does not smoke. Nevertheless, I have given him an answer, which I hope sates his appetite for further inquiry.
Main Question put.