Prorogation of Parliament

Tommy Sheppard Excerpts

Monday 9th September 2019 Westminster Hall

[Tommy Sheppard (Edinburgh East) (SNP)]

It is a pleasure to serve under your chairship, Mrs Main.

I begin with a couple of points about the procedure we are engaged in here. Before members of the Petitions Committee leap up, I should say I do not intend any criticism of them. I have been at a number of these debates on matters on which the public have petitioned us, and I wonder if our procedures are effective and robust enough to deliver on the expectations of those who petition Parliament.

First, we are dealing with two petitions. I am not sure of the need to lump petitions together just because they cover the same topic, particularly in this instance, where they represent diametrically opposed views. One petition, which I presume has been organised by pro-Brexit campaigners because they believe this Parliament is made up of remoaners who are antipathetic to their case, has taken five months to get to the requisite threshold of 100,000 signatures. The other petition collected 1.7 million signatures in a matter of hours and reflects serious public outrage at a decision taken by the Government. To give parity of consideration to those two petitions is simply not fair.

I wonder how many people who sign such petitions understand that this is the place where their hopes and aspirations come to die on a wet Monday afternoon, in a Committee Room off the House of Commons Chamber, with 10 Members assembled who have no ability to advocate on behalf of the petitioners, or to influence, nevermind change, Government policy. It is too late for this Parliament, but if I come back to this place in the future, I will seek changes to our procedures and how we deal with those who petition this Parliament. I do not think we treat them fairly enough.

My concerns about how we deal with petitions are as nothing to my concerns about the inadequacy of our constitution when it comes to Parliament sitting. Is it not astonishing that our Parliament can be suspended for five weeks in the middle of a major political crisis, the ramifications of which are profound, legion, and no way near being concluded? Most people would find that astounding; I find it astounding myself that this can happen perfectly legally and normally.

The role of Parliament is to scrutinise and hold to account the Executive. It cannot be right that the Executive can relieve itself of that scrutiny by the simple expedient of suspending Parliament. It seems a bizarre situation, yet it is the one we are confronted by. By the time we get to 14 October, the Prime Minister will have held the most powerful executive office in the land for 82 days, and on only four of those days will Parliament have been able to hold him and his Government to account. That is frankly a shocking state of affairs. I do not buy the argument that that is because Government Ministers and their advisers need time to prepare a new legislative programme.

[Alex Sobel]

The hon. Gentleman just outlined that the Prime Minister will have been in office for 82 days, and that Parliament will have sat for only four of them. That means that there will have been only one Prime Minister’s Question Time. Members of this House will not be able to question the Prime Minister until after the Queen’s Speech, even though by then he will have been in office for over three months.

[Tommy Sheppard]

I know; it is staggering.

We need to ask ourselves why this is happening. It is because we have a Prime Minister who has no mandate, no majority in the House and no ability to get legislation through Parliament. Rather than compromise with Parliament or seek a majority, he is determined simply to walk away from it and not have the debate. That is a very bad look for our democracy.

It is also bad that we have a Prime Minister who, in his public pronouncements, is uncertain whether he will deliver on the will of Parliament, and now the law of the land, which is that in the absence of a withdrawal deal with the European Union, we should seek an extension until 31 January to allow further time for an agreement to emerge. That the Prime Minister and his advisers are equivocal on that is a matter for deep concern.

I do not buy the Prime Minister’s suggestion that all we need to do in these circumstances is have a quick cut-and-run election. There is no point having an election if the main point of it—to decide whether or not to crash out of the European Union without a deal—cannot be altered by the outcome. We cannot allow an election simply so that the Prime Minister can escape the obligation that Parliament has placed on him. Parliament has not allowed that to happen, and I am sure that it will not allow it later on tonight.

An election will need to come soon; the delay will be only a matter of weeks. As soon as we are confident that we will not crash out of the European Union without a deal, and have more time to consider options and strategy, it will be frankly impossible to advance the process in the country without going back to the people. It is time for them to have another say.

I sense that an awful lot of Members of Parliament, on both sides of the House, understand very well the consequences of Brexit; they are not attracted to them, but they feel that they do not have a mandate to oppose Brexit because of the nature of the manifesto on which they stood in 2017. Shaking up the political cards and allowing a different Parliament to emerge with fresh mandates may open the possibility for reconsideration of this matter. I hope that an election will allow a new Parliament to consider putting the matter back to the people who started the process.

It is not the role of Parliament to overturn, set aside or ignore the will of the people, but it is the role of Parliament to interpret it. If we have found, three years later, that what the people asked us to do—that is, to leave the European Union and make things better—is simply undoable, and if what they ask cannot be done, and the circle cannot be squared, then we need to go back to the people, explain that, and ask them whether they want to reconsider. It may well be that they do not want to do that, and that they are content to leave the European Union knowing that it will impoverish them and their families, and diminish the character and culture of this country. That choice should be for them, and they should be allowed to make it, but I am confident that if we are given the opportunity to fight that election, we can get an alternative point of view to emerge—one that will look at the benefits of remaining in the European Union, and changing it so that it delivers for people’s aspirations.

When that election comes in Scotland, my party will not just say, “Stop and reconsider the process of Brexit,” and campaign for an alternative Government to the one that we have had for nearly a decade, but demand and assert the right of the people of Scotland to choose an alternative future. It should be their right not to go down the path that they are being led down by the Prime Minister, and to say that they want to consider an alternative, independent future, in which they take political control of their affairs and determine their relationship with the rest of the people in Britain and Europe. That is the manifesto that we shall put before people in the election that I am sure will come in November, and I look forward to returning to this Chamber to argue that case.

--- Later in debate ---

[Kevin Foster]

Of course, any discussion of the number of days will be a matter for the usual channels when and if a deal is agreed. Unlike my hon. Friend the Member for Stafford (Jeremy Lefroy), the hon. Member for Ellesmere Port and Neston (Justin Madders) likes to shout, “No to no deal!”, but he regularly voted no to a deal earlier this year.

Prorogation is the normal end to a parliamentary Session. It remains a matter for the Prime Minister to advise the sovereign on, as it is a prerogative power. That has not changed since the Labour party was in Government. It is for the Government to determine the length of a parliamentary Session and to advise the Queen on the date for the state opening of Parliament. The state opening is marked by the Queen’s Speech, which sets out the programme of legislation the Government intend to pursue in the forthcoming parliamentary Session.

Normally, each parliamentary Session runs for a period of 12 months before Parliament is prorogued. The current parliamentary Session is an exception to the ordinary 12 months, as was touched on during the debate, with the last state opening of Parliament having taken place more than two years ago, on 21 June 2017. This has been the longest parliamentary Session for almost 400 years, far in excess of any of the others.

[Tommy Sheppard]

Very briefly, why does it take five weeks?

[Kevin Foster]

The Prime Minister set out in his statement on 2 September 2019 the many reasons why we want to have the Queen’s Speech on the date when we will be having it. The Government have committed to recruiting another 20,000 police officers, improving both national health service and schools funding, and completing 20 new hospital upgrades. It is to progress the Government’s agenda on these and many other fronts that the Prime Minister has sought to commence a new Session of Parliament with a Queen’s Speech on 14 October.

As I have touched on already, if Opposition Members are confident in their argument, they will have the chance tonight to take that debate out to the whole country, to go and face their constituents and explain their position on this subject. If many of them are thinking of voting no this evening, that will be a rather interesting contrast.

[Ben Lake (Ceredigion) (PC)]

rose—

[Tommy Sheppard]

Will the Minister give way?

[Kevin Foster]

I will not give way for now; I will make progress.

Interestingly, senior Opposition MPs have been calling for a Queen’s Speech. The shadow Leader of the House has called for a new Session and a Queen’s Speech five times in five months, while the Shadow Chancellor called for a new session back in May. As I have said, the Government want to bring forward a strong domestic legislative agenda, and ending the parliamentary Session and bringing forward a Queen’s Speech is the legal and necessary way to deliver that.

It is worth pointing out, though, that the larger petition asks that Parliament is not dissolved. Parliament is only dissolved before a general election. The effect of a dissolution is that all business comes to an end and every seat in the House of Commons is vacated until a general election is held. The Prime Minister has been clear that an election should take place ahead of the European Council on 17 to 18 October. That would allow the Prime Minister, elected by the British people—either my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson) or the right hon. Member for Islington North (Jeremy Corbyn)—to go to that European Council and for a newly elected Parliament to be in a position to consider what is agreed, and hopefully to pass the withdrawal agreement Bill.

Colleagues will be aware that, as I have referred to several times, a motion for an early general election will be debated later today. They will have the opportunity to give a voice to their constituents, who they have repeatedly claimed in this debate will be silenced. They can give them the most powerful voice they have in this country—their vote in a general election. I look forward to seeing many of those hon. Members in the Aye Lobby. I hope that nobody will make what are, in some ways, contradictory arguments by shouting about defending democracy and stopping a coup, and then vote no on the biggest exercise of democracy that we can have in this country—a general election.

The Government’s position remains clear: we will not revoke article 50 or seek a further, pointless extension. The UK will leave the European Union on 31 October. I point out to some Opposition Members that there is no automatic right to extensions. An extension is not a solution in itself. After three years, merely kicking the can will not solve the problem.

The 17.4 million who voted to leave the EU represent the largest mandate ever given for any UK Government to deliver. Both main parties pledged to respect that result in the 2017 election, and now we must deliver on that pledge. The Prime Minister believes that Parliament must have time to consider further the UK’s withdrawal from the European Union, and to hold the Government to account. Parliament has sat ahead of the European Council and will sit for three weeks prior to exit day. That means there will be ample time to debate the UK’s leaving the EU in the coming weeks, on both sides of the summit on 17 October—ideally, with a mandate from the British people to resolve this matter.

The Government would prefer to leave the EU with a deal, and we are working in an energetic and determined way to achieve that. The Government are very willing to sit down with the Commission and EU member states to talk about what needs to be done to achieve that. If it is not possible to reach a deal, we will have to leave with no deal. The Government are preparing for that outcome, and further delay will only increase the sense of distrust that many in the public feel and the uncertainty that is so damaging to our economy.

We take note of all of the points that have been raised in the debate today, but the decision to prorogue Parliament is one for the Government, because Prorogation is a prerogative Act of the Crown, exercised on the advice of Ministers. Therefore, in responding to both of these petitions, I must be clear: it is for the Government to determine when is the appropriate time to bring about an end to a parliamentary Session and bring forward a Queen’s Speech.

The Queen’s Speech and the debate that follows form one of the great set-pieces of the parliamentary calendar, where the Government are rightly scrutinised and held to account. The decision to prorogue Parliament is one for the Government of the day to make, as it always has been. We have set out our reasons for doing so—to ensure that a fresh, new domestic legislative agenda is put before Parliament.

There are those who, in recent weeks, have claimed that they wanted to stop a coup, to defend democracy and to give people a say. Tonight, they have the chance to do just that, and to give the electorate the chance to pass its own judgment. If they do not, many voters across the country will conclude that those comments were as hollow as their pledges to respect the people’s vote in the referendum in 2016.