European Union (Withdrawal) Acts

Stephen Doughty Excerpts

Saturday 19th October 2019 Commons Chamber

[Mr Speaker]

People are bound by the Standing Order. It is possible to put a business of the House motion down, but it would have to be done before the close of business today.

I am very sorry that the Leader of the House has left; I know that some colleagues are complaining about that. This is not a business statement or a business question. [Interruption.] Indeed, I know colleagues are indicating from a sedentary position that they think it should be a business statement. I had anticipated that it would be an emergency business statement, but it has not been. If it were a business statement or an emergency business statement, the Leader of the House would obviously stay throughout the exchanges, but it was not and he has not. Colleagues must form their own view of that.

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

Further to that point of order, Mr Speaker. I apologise for not being in the Chamber earlier; I was watching on the television screens and heard what you said about the need to consider this matter carefully. I only became aware of it when I popped into the Table Office and saw that something had been thrown down by the Government, in a quite odd move. If the Government were in effect trying to put the same question again, is it not the case that they would be trying to avoid tabling the withdrawal Bill, which the Prime Minister indicated he would do? Of course, many Members of this House from all parts and with all views on Brexit wish to see that Bill so that they can adequately consider it, appropriate impact assessments can be undertaken, Committees such as the Exiting the European Union Committee, chaired by my right hon. Friend the Member for Leeds Central (Hilary Benn), can consider it, and amendments to it can be tabled. Does it not strike you, Mr Speaker, that this is an odd way to be proceeding, given the clear will of the House expressed today on a very clear question?

[Mr Speaker]

I am grateful to the hon. Gentleman and I do not dissent from what he said. Whether the particular question that the Government would be minded to table, or indeed have attempted to table, is exactly the same as that which was put today is less clear. The same question rule on which I gave a ruling to the House on 18 March this year holds, but whether this is the same question is not so clear, because the Government would be wanting to put a proposition that was separate from the amendment in the name of the right hon. Member for West Dorset (Sir Oliver Letwin). However, the apparent purpose of the said motion, which Ministers are attempting to table, is to invalidate or obviate the effect of the decision that the House has reached today. That does seem most curious and irregular.

It is certainly to be expected that the Government might seek to bring forward legislation, as the Prime Minister himself indicated to the House he intended to do. Quite at what point—as people will know, I have been in the Chair without interruption since 9.30 am, and I have not had conversations outside—it occurred to somebody to suggest that a motion, this motion, would be tabled rather than legislation be brought forward, I have no way of knowing, because I have not been able to penetrate the inner recesses of ministerial minds. I can only say that when I have reflected on this matter, I will give a full ruling.

I very, very, very politely reiterate that the Government are not the arbiter of what is orderly. That cannot be so, and it is not so, and it will not be so. There can be no argument about that.

--- Later in debate ---

[Mr Speaker]

I have had no such indication at all. Hope springs eternal, as far as the hon. Lady is concerned. It is possible that grey cells are being applied to this matter and that there are hot wet towels over the heads of departmental officials as they beaver away and burn the midnight oil tonight and tomorrow night in the construction of such an analysis. Concerned as I am for the wellbeing of the hon. Lady, I say to her that, on the evidence so far, I would not advise her to hold her breath for any length of time.

[Stephen Doughty]

Further to that point of order, Mr Speaker. I welcome the remarks that you have made already in response to the other points of order. Can you tell us how we will know whether or not the Government have sent the letter to the European Council to comply with the terms of the European Union (Withdrawal) (No. 2) Act 2019 by 11 o’clock tonight? Have they indicated whether they will lay it in the Library or put a copy on the gov.uk website? Because otherwise we could be in the dark until Monday on whether this has even happened, and given the jiggery pokery, as has been described, that is going on, no doubt they would seek to hide from us whether this letter has, in fact, been sent, as required by the law.

[Mr Speaker]

There is no requirement for the letter to be laid. From memory of the legislation, I do not think that there is any legal requirement for it to be laid, or for it to appear in the Library, so I cannot offer the hon. Gentleman any great comfort on that point. Knowing his indefatigability, I rather imagine that he will be pursuing this matter with considerable intensity over the next 24 hours or so, and possibly for most of those 24 hours, allowing himself, perhaps, a couple of hours here and there for sleep. I am sure that he will be making his own inquiries to try to ascertain whether the letter has been delivered, and I dare say that representatives of the fourth estate may be making such inquiries as well. I imagine that enlightenment will descend upon us at some point. I am quite sure that, by the time we sit on Monday, we will know the answer to his question, and I expect him at that point to be in his place.