Categories
Brexit Negotiations No Deal

David Sassoli negotiating with John Bercow ?

EU Parliament President David Sassoli meets Speaker of the UK House of Commons John Bercow.

Is this how negotiations are being conducted ? An example of the EU dabbling in internal UK affairs perhaps.

“The European Parliament would support a request from the UK government to extend the withdrawal period in order to have time for a general election or a referendum.”

This was the message from European Parliament President David Sassoli during a meeting with Speaker of the UK House of Commons John Bercow in London. President Sassoli restated the position adopted by the European Parliament in September that an extension should be granted to allow time for either elections or a referendum.

“John Bercow and I fully agreed on the important role that our parliaments play in the Brexit process. There is also a common awareness that a disorderly exit of the United Kingdom from the European Union would be against the interests of British and European citizens.”

Categories
Politics

John Bercow to stand down

John Bercow has announced, in a statement to the House of Commons, that he intends to stand down from his position as Speaker and MP at the close of business on Thursday 31 October 2019.

At the 2017 election, I promised my wife and children that it would be my last. This is a pledge that I intend to keep. If the House votes tonight for an early general election, my tenure as Speaker and MP will end when this Parliament ends. If the House does not so vote, I have concluded that the least disruptive and most democratic course of action would be for me to stand down at the close of business on Thursday 31 October.

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I have served as a Member of Parliament for 22 years, and for the last 10 years as Speaker. This has been—let me put it explicitly—the greatest privilege and honour of my professional life, for which I will be eternally grateful. I wish my successor in the Chair the very best fortune in standing up for the rights of hon. and right hon. Members individually, and for Parliament institutionally, as the Speaker of the House of Commons. Thank you.

This decision may have been driven by recent comments that the Conservative Party plans to stand a candidate against him in his Buckingham constituency at the next election, for his role in allowing MPs to take control of the Commons agenda and his apparent lack of impartiality.

He recently told an audience at the Edinburgh festival fringe he would “fight with every breath in my body” to stop the government forcing through a no-deal Brexit by by-passing Parliament.

Categories
Withdrawal Agreement

Shenanigans – Meaningful Vote (3)

John Bercow, Speaker of the House of Commons in the UK Parliament made a statement on 18 March 2019 regarding the Meaningful Vote motion, quoting a parliamentary convention from 415 years ago.

Speaker’s Statement

Speakers Statment

I wish to make a statement to the House. There has been much speculation over the past week about the possibility of the Government bringing before the House a motion on Brexit for another so-called meaningful vote under the statutory framework provided in the European Union (Withdrawal) Act 2018. On 13 March, however, the hon. Member for Wallasey (Ms Eagle) asked on a point of order, at column 394, whether it would be proper for the Government to keep bringing the same deal back to the House ad infinitum. I replied that no ruling was necessary at that stage, but that one might be required at some point in the future. Subsequently Members on both sides of the House, and indeed on both sides of the Brexit argument, have expressed their concerns to me about the House being repeatedly asked to pronounce on the same fundamental proposition.

The 24th edition of “Erskine May” states on page 397:

“A motion or an amendment which is the same, in substance, as a question which has been decided during a session may not be brought forward again during that same session.”

It goes on to state:

“Attempts have been made to evade this rule by raising again, with verbal alterations, the essential portions of motions which have been negatived. Whether the second motion is substantially the same as the first is finally a matter for the judgment of the Chair.”

This convention is very strong and of long standing, dating back to 2 April 1604. Last Thursday, the hon. Member for Rhondda (Chris Bryant) quoted examples of occasions when the ruling had been reasserted by four different Speakers of this House, notably in 1864, 1870, 1882, 1891 and 1912. Each time, the Speaker of the day ruled that a motion could not be brought back because it had already been decided in that same Session of Parliament. Indeed, “Erskine May” makes reference to no fewer than 12 such rulings up to the year 1920.

One of the reasons why the rule has lasted so long is that it is a necessary rule to ensure the sensible use of the House’s time and proper respect for the decisions that it takes. Decisions of the House matter. They have weight. In many cases, they have direct effects not only here but on the lives of our constituents. Absence of Speaker intervention since 1920 is attributable not to the discontinuation of the convention but to general compliance with it; thus, as “Erskine May” notes, the Public Bill Office has often disallowed Bills on the ground that a Bill with the same or very similar long title cannot be presented again in the same Session.

So far as our present situation is concerned, let me summarise the chronology of events. The draft EU withdrawal agreement, giving effect to the deal between the Government and the EU, was published on 14 November and the agreement itself, together with the accompanying political declaration on the future relationship, received endorsement from the European Council on 25 November. The first scheduled debate on what I will hereafter refer to as “the deal” was due to take place on 11 December. However, on 10 December the vote was postponed after 164 speeches had already been made over three of the five days allotted for debate. That postponement was caused not by me or by the House, but by the Government. Indeed, I pointed ​out at the time that that was deeply discourteous to the House and I suggested that the permission of the House for that postponement should be sought. Regrettably, it was not.

Over five weeks later, following a further five-day debate, the first meaningful vote was held on 15 January, which the Government lost by a margin of 230 votes—the largest in parliamentary history. Subsequently, the second meaningful vote was expected to take place in February, but once again there was a postponement. It finally happened only last Tuesday, 12 March. The Government’s motion on the deal was again very heavily defeated.

In my judgment, that second meaningful vote motion did not fall foul of the convention about matters already having been decided during the same Session. This was because it could be credibly argued that it was a different proposition from that already rejected by the House on 15 January. It contained a number of legal changes which the Government considered to be binding and which had been agreed with the European Union after intensive discussions. Moreover, the Government’s second meaningful vote motion was accompanied by the publication of three new documents—two issued jointly with the EU and a unilateral declaration from the UK not objected to by the EU. In procedural terms, it was therefore quite proper that the debate and the second vote took place last week. The Government responded to its defeat, as they had promised to do, by scheduling debates about a no-deal Brexit and an extension of article 50 on 13 and 14 March respectively.

It has been strongly rumoured, although I have not received confirmation of this, that a third, and even possibly a fourth, meaningful vote motion will be attempted. Hence this statement, which is designed to signal what would be orderly and what would not. This is my conclusion: if the Government wish to bring forward a new proposition that is neither the same nor substantially the same as that disposed of by the House on 12 March, that would be entirely in order. What the Government cannot legitimately do is to resubmit to the House the same proposition or substantially the same proposition as that of last week, which was rejected by 149 votes. This ruling should not be regarded as my last word on the subject; it is simply meant to indicate the test which the Government must meet in order for me to rule that a third meaningful vote can legitimately be held in this parliamentary Session.