Business of the House

William Cash Excerpts

Monday 1st April 2019 Commons Chamber

[Sir William Cash (Stone) (Con)]

A few days ago, I brought in the House of Commons (Precedence of Government Business) (European Union (Withdrawal) Act 2018) Bill, to which I gave a great deal of thought and that I discussed with many other Members. It is due to be debated on 5 April. The position is this. I did it because of my grave concern about the procedure being employed under this motion in particular, for the following reasons, which I will give briefly.

First, it is well said in our constitutional authorities that justice is to be found in the interstices of procedure. What that means is that through procedure we can ensure that things are done that should be done, based on conventions such as the reason for the rule, which is a fundamental basis of our constitutional arrangements.

Standing Order No. 14 is quite clear: it gives precedence to Government business. As a result of this procedure, we are impugning that rule and substituting for it a completely different arrangement—one that I have described as a constitutional revolution. It is not a novelty, as it was described just now, or, as the right hon. Member for Twickenham (Sir Vince Cable) said the other day, a technical innovation. The problem goes back to the reason for the rule and the Standing Order. Government business takes precedence for one simple reason: the Government are the Government of this country and are given that opportunity by virtue of the decisions taken by the public and the wishes of members of the public, as voters in general elections. That is the basis of our democracy. Likewise, decisions in referendums are taken by members of the public as voters.

It is utterly perverse for us to vote by such a significant majority—I will not go into that, because we know it is the case—and then overturn and invert the business of the House rules as we are doing under this business motion and as happened the other day. Government business takes precedence because of democracy. It is a fundamental question. Parliament decided in the European Union Referendum Act 2015 to give the decision to the British people, not to this House. I have said repeatedly—and it is true—that we operate on the basis of parliamentary government, not government by Parliament. If, by a sovereign Act of Parliament, we confer upon the British people the right to make that choice in a referendum, there is not, in terms of that Act, for which the House voted six to one, an opportunity then to take back control in this context.

It is a very simple question, and, to my knowledge, it has happened only once before. You mentioned the other day, Mr Speaker, or somebody raised with you, a precedent going back to 1604. As it happens, there is another precedent, from the 1650s, when the House became completely anarchic, and different factions started making decisions without reference to any Government policy—and look at the mess we are in now and the anarchy now prevailing, with these indicative votes and everybody making different decisions for no good purpose. Oliver Cromwell came down to this House and said, “You have been here too long for anything useful you may have done. Depart, I say, and in the name of God, go.” He then brought in the Barebone’s Parliament; that collapsed as well, and we ended up with a military dictatorship.

Members of Parliament voted for the referendum Act by six to one, for the European Union (Notification of Withdrawal) Act 2017 and then for the European Union (Withdrawal) Act 2018. As I say quite often, my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) himself voted for the Third Reading of the withdrawal Act. These indicative votes are just a means of trying to unravel the decision taken—that is the bottom line. I believe that it is undemocratic and in defiance of our constitution, our procedures and the reason for the rule. As far as I am concerned, these indicative votes are like a parliamentary bag of liquorice allsorts—or rather humbugs.

--- Later in debate ---

[Kate Hoey (Vauxhall) (Lab)]

I have grave concerns about the way we are dealing now with our business in this motion. I accept that we voted last week to have further discussion and indicative votes today, but the amendment tabled by my hon. Friend the Member for Stoke-on-Trent Central (Gareth Snell) would have given the House a chance to decide whether we wanted to continue this process, which the right hon. Member for West Dorset (Sir Oliver Letwin) continues to undertake. I do not think we can continue to have a business motion that puts another day in and then not have a chance to have that vote.

I am concerned about that, but I also have another concern. I know that all my Labour colleagues, particularly those on the Front Bench, aspire to be in government and they should just remember that this process may well be used when we are in government. Would we like to see that happening?

[Sir William Cash]

Will the hon. Lady give way?

[Kate Hoey]

I will give way to the Chair of my Select Committee—

[Sir William Cash]

Does the hon. Lady agree that one problem with these indicative votes is that when they are attached, as they are intended to be, by all accounts, to a Bill that will then follow and be put through the House of Commons in one day—[Interruption.] Perhaps it will have one day in the House of Lords as well, for all I know. The bottom line is: we do not know yet what any such Bill will contain. It is inconceivable, is it not, that we should be presented with Bills that will be rammed through the House of Commons on matters of such incredible importance without even seeing them?

[Kate Hoey]

That just further adds to my view that we should be able to vote on whether we want another day or not after today’s business. We have to remember here, as do people watching, that Parliament abrogated its responsibility to take this decision—we have to say that over and over again—and asked the people. It said, “We will listen to whatever you say.” I do not care what anyone says, the dictionary definition of what “leave” means is very simple. All these motions today, with the exception of the one tabled by the hon. Member for Basildon and Billericay (Mr Baron), are designed, in some way or another, to not allow us to leave in the way that people thought they were voting for when they voted on 23 June 2016. It was made very clear—I do not want to go into the details—and we all knew that leave meant leaving all the institutions of the European Union. So I would never question it, but I am disappointed that we will not have a vote on the amendment, as that would have been sensible. I hope that today people remember that the biggest majority in this House for anything to do with the European Union was when 498 votes said we would leave, with or without a deal.