Points of Order

Tom Brake Excerpts

Monday 10th December 2018 Commons Chamber

[Mr Speaker]

It is clear that there is much unhappiness. It is important that we be accurate about these matters. I am afraid that I cannot take an instruction to the House in relation to a Government Order of the Day from other than a Government Minister. The hon. Gentleman will know, from his extensive experience as a Member in charge of a veritable raft of private Members’ Bills, that it is, in those circumstances, for him and him alone to decide whether to proceed with or defer an Order of the Day where he is in charge.

I know what the hon. Gentleman has said, and I have explored all this with the Clerk of the House many a time and oft over the last 48 hours. In this instance, even though the business of the House motion was agreed by the House, the Order is the property of the Government, and it is therefore for the Government to decide whether or not to move the business. If Members find that unsatisfactory, it is perfectly open for Members to change the procedures of the House, but I cannot change them on the hoof.

[Tom Brake (Carshalton and Wallington) (LD)]

On a point of order, Mr Speaker. You have rightly said that today has been an exceptional day. I can certainly confirm that, in 21 years as a Member of Parliament, I have never experienced a day of this nature. Clearly, this is the sort of day on which a motion of no confidence in the Government should be moved. Can you help me, Mr Speaker? Is an Opposition party that is not the official Opposition in a position to move such a motion of no confidence?

[Mr Speaker]

It is open to a representative of a party other than the principal Opposition to table such a motion. The ordinary working assumption is that such a motion is taken if it is proffered by the official Opposition. I will leave it there for now. I am not saying whether this is desirable or undesirable. I am the custodian of the rights of the House and of the rigorous application of correct procedure. I am sure the right hon. Gentleman, who is a former Deputy Leader of the House, readily acknowledges that. I will not duck my duty—I did not duck my duty on the contempt motion, and would not in comparable circumstances again—but I come back to the point that one has to operate within one’s powers.