Dissolution and Calling of Parliament Bill (Instruction)

William Wragg Excerpts

Monday 13th September 2021 Commons Chamber

[Chris Bryant (Rhondda) (Lab)]

I beg to move,

That it be an Instruction to the Committee on the Dissolution and Calling of Parliament Bill, That the Committee have leave to make provision relating to the prorogation of Parliament.

Normally an instruction motion of this kind is tabled by the Government themselves when they decide that a Bill they have introduced does not quite stretch far enough to allow it to include some things that they would like to debate. The reason I tabled it—I hope the Government think it is always good to debate all these matters and would therefore want the motion to be carried, which would enable us to debate the matter of Prorogation in Committee—is that the 2019 Prorogation was perhaps the biggest constitutional crisis we have had in the past 20 to 25 years. I see the former Attorney General, the right hon. and learned Member for Torridge and West Devon (Sir Geoffrey Cox), is in his place. I think he as scars on his back from that period. [Interruption.] No, he never has scars on his back. Maybe they are on his front instead. The point is simple: the nation felt at odds with itself in part because of a phenomenal constitutional row between the courts and Parliament about the nature of Prorogation.

To remind the House what happened, on 28 August 2019, the Prime Minister secured a prorogation proclamation from the Queen proroguing Parliament from 9 September to 14 October, a longer Prorogation than there had been for more than 150 years. Normally they last for just six days; this would have been for 34 days. The subsequent (R) Miller v. The Prime Minister and Cherry v. Advocate General for Scotland case ended up in the Supreme Court, which decided unanimously on 24 September that the Prorogation was justiciable and unlawful.

When Parliament returned, never having been prorogued, the Prorogation ceremony was expunged from the Journal of the House of Commons. I think that was the first time the Journal had been altered since 1621, when the King was so angry with the House for having debated the matter of his son’s potential marriage that he ordered the Clerk of the House to bring the Journal to him and tore out the offending page. So I think that 1621 and 2019 are the two times that the Journal has been disturbed in that way. Business continued as if the ceremony had never happened.

The Prime Minister—this is important to my argument—then argued to the court in 2019 that Prorogation was analogous to Dissolution. At the time, of course, Dissolution was not a prerogative power because of the Fixed-term Parliaments Act 2011. None the less, the Prime Minister argued in court that the courts should not interfere in the matter because Prorogation was a prerogative power and should not therefore be justiciable. I think it is bizarre if the Government now want to say that they do not think that Prorogation is analogous to Dissolution and that it should not be debated today.

Incidentally, we also learned from the papers that the Prime Minister gave to the Court—I think under some duress—back in 2019 that he considered the September sittings of Parliament merely to be a

“a rigmarole…to show…MPs are earning their crust”.

So at least all the hon. Members who are here today are earning their crust, by the Prime Minister’s definition.

The Court found, first, that the issue of the Prorogation itself was justiciable because it is not a proceeding in Parliament. The Prime Minister and the Government had tried to argue that it was a proceeding in Parliament and, consequently, under article 9 of the Bill of Rights and the equivalent legislation in the Scottish Parliament, it could not be considered by a court. However, the Supreme Court decided, in paragraph 68:

“The prorogation itself takes place in the House of Lords and in the presence of Members of both Houses. But it cannot sensibly be described as a ‘proceeding in Parliament’. It is not a decision of either House of Parliament. Quite the contrary: it is something which is imposed upon them from outside. It is not something upon which the Members of Parliament can speak or vote.”

This, to me, is the absolutely key point: it is not something upon which Members of either House can speak or vote. That is why I have tabled an amendment that can only be considered during the Committee stage of the Bill if this motion is agreed, which would allow a vote in the House of Commons before Prorogation could proceed. Why that is important is that, quite rightly, lots of Members have wanted to say that the courts should not be interfering in politics. The best way of making sure that they cannot interfere in Prorogation is to introduce—[Interruption.] I can see that the hon. Member for Hazel Grove (Mr Wragg) is being very pregnant; I will take his intervention in a moment. The best way to make sure that no court could consider the matter of Prorogation is to make it a proceeding in Parliament, and the best way to make it a proceeding in Parliament is to allow a vote. The only way we can allow a vote is if we allow this motion to go through, and then we can debate it in the Bill Committee.

[Mr William Wragg (Hazel Grove) (Con)]

The hon. Gentleman is extremely kind in giving way, although perhaps not quite accurate in describing my condition. On the question of Prorogation, would he mind turning his thoughts briefly to whether that was contained or referenced in the Fixed-term Parliaments Act 2011 and how that Act relates to this Bill?

[Chris Bryant]

I am not sure that that is entirely relevant. Every time we introduce new legislation we choose to start, as it were, from scratch. It is true that this Bill repeals the Fixed-term Parliaments Act. I think the hon. Gentleman voted for that Act.

[Mr Wragg]

indicated dissent.