Dissolution and Calling of Parliament Bill (Instruction)

Stephen Doughty Excerpts

Monday 13th September 2021 Commons Chamber

[Chris Bryant]

Well now, for a start, I am not very keen on the concept of “normal” at all. I have tried to avoid that as much as I can in my 59 years. More importantly, I am not sure that we are living in normal times.

Are there ever normal times in political debate? Surely that is the whole point of constitutional settlements. We do them oddly in this country, because we do not have a written constitution, as the hon. Gentleman knows; we have bits and pieces of the constitution written in lots of different statutes. The danger of proceeding by statute law is that the constitution becomes a constant plaything of the Government of the day. I would always want our constitutional settlement to last at least a generation, if not several, but my anxiety is that we are fiddling with just one part of the equation, not all of it.

Some have argued, as the Government did before the Supreme Court, that a prerogative power is by definition limitless. That flies in the face of history. Successive cases across the centuries, starting in 1611, have proved that every prerogative power has to have a limit. Otherwise, Parliament would never sit; the Government could, in theory, say, “Right—we are going to use our prerogative power of Prorogation just to make Parliament never sit.” That was one of the key things that the Supreme Court found.

My anxiety is that if the Supreme Court has already determined, and it is settled law, that Prorogation is a justiciable matter, it will be justiciable again unless we introduce statute law to change it.

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

My hon. Friend is making an excellent and very interesting speech. One of the crucial issues is that we normally know that Prorogation is coming—it is generally known around here when it is likely to happen—but in his example it happened at the dead of night and it was very difficult to get information about it. He will know that, on a rumour, I phoned Buckingham Palace that very night to try to establish whether the Privy Council would be meeting the next day, as I had been told, in Scotland with Her Majesty. I discovered that the Leader of the House and others were quite likely to be on their way up to Balmoral; cameras were then sent to catch them at airports in the act of entering Scotland. It was done in a completely innovative way, and a future Government might decide to conduct themselves in exactly the same way.

[Chris Bryant]

The point is that other people might choose to bring other cases to the courts on the matter, unless Parliament chooses to discuss it and legislate on it. I would have thought it entirely in the Government’s interest to allow the debate later today and to come to a resolution on the matter.