Dissolution and Calling of Parliament Bill (Instruction)

Stewart Hosie Excerpts

Monday 13th September 2021 Commons Chamber

[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.

[Stewart Hosie (Dundee East) (SNP)]

I have no doubt that the hon. Gentleman is correct that if new clause 3—his amendment to allow a vote on Prorogation—were agreed to, it would render Prorogation non-justiciable in future, and that that is the intention. However, may I ask a more prosaic question? If the motion that he is now moving to allow debate on the amendment is passed, will it not render the programme for the rest of the day null and void, as we will have something brand new and rather substantial to consider?

[Chris Bryant]

No, I do not think that that is right, but if the House decided not to consider the matter, the courts could in future legitimately decide that Parliament had decided that Prorogation is justiciable. That is the problem for the Government.