Leaving the European Union, leaving the Palace of Westminster: Brexit and the Restoration and Renewal Programme

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A year after the House of Lords backed a major refurbishment of the Palace of Westminster, Alexandra Meakin discusses the relationship between the UK’s upcoming departure from the EU and the plans for MPs and peers to temporarily move out of their current home.

Anna Soubry: ‘We have to grasp this, do the right thing, and – I cannot believe I am going to say this – but in this instance, in supporting amendment (b), absolutely everybody vote leave.’

Over the past few months parliamentary proceedings have taken centre stage in our nation’s consciousness. The legislative and political machinations surrounding the UK’s planned exit from the European Union have turned the Palace of Westminster into a theatre offering endless drama and occasional farce. Indeed, the wider area around the Palace has been absorbed into the set: the pro and anti-Brexit protests in Parliament Square; the broadcasters’ gazebo village on College Green; and even the steps outside St Stephen’s entrance, which hosted an impromptu press conference. The audience following every scene, however, couldn’t fail to observe the scaffolding covering the set, the external sign of a dilapidated building, where the infrastructure is decades past its expected lifespan. Alongside the preparations for departing the EU, MPs and peers are also planning for a further departure: leaving the Palace of Westminster to enable a major refurbishment programme.

After decades of neglect, the scale of the problem inside Parliament was outlined in a 2012 report, which noted ‘if the Palace were not a listed building of the highest heritage value, its owners would probably be advised to demolish and rebuild’. On receipt of the report the governing bodies in the Commons and Lords agreed that ‘doing nothing was not an option’. They ruled out the construction of a new parliamentary building, and committed instead to further analysis of the options for repairs, and specifically whether the work could be carried out while both Houses continued to sit in the Palace. Continue reading

Unionism and the Conservative Brexit deal rebellion

jack_sheldon.1image_normalThis week, MPs voted in favour of renegotiating the parts of the Withdrawal Agreement that relate to the ‘backstop’. The backstop and the land border between the UK and Ireland has been one of the most divisive Brexit issues for the Conservatives. Jack Sheldon and Michael Kenny discuss what this tells us about the party’s attitude to the Union.

‘Something ghastly called UK(NI) has been created. Northern Ireland will be under a different regime. That is a breach of the Act of Union 1800’. Owen Paterson MP

I am concerned about the prospects of a Northern Ireland that risks being increasingly decoupled from the United Kingdom, and about how that could undermine the Union that is at the heart of the United Kingdom’. Justine Greening MP

‘I would really like to support the deal of this Prime Minister and this Government, but the issue for me is the backstop. I served in Northern Ireland and I lost good colleagues to protect the Union. I will not vote for anything that does not protect the Union’. Sir Mike Penning MP

Concerns about the implications of the Irish backstop for the integrity of the domestic Union contributed significantly to the scale of the 118-strong backbench rebellion that led to Theresa May’s Withdrawal Agreement being defeated on 15 January, by the extraordinary margin of 432 to 202. Following a debate and vote on 29 January, the Prime Minister has now committed to seek legally binding changes to the backstop, in the hope that this might win over at least some of the rebels before the next vote.

What do the arguments that have been made about the backstop tell us about the nature of the ‘unionism’ that prevails in the contemporary Conservative Party? This is a pertinent question, given that the sincerity of professed support for the Union from Conservatives has regularly been called into question by academic and media commentators in recent years, with increasing numbers of critics suggesting that leading figures from the Tory Party have harvested ‘English nationalist’ sentiments and are willing to put the future of the Union at risk. Continue reading

Should we worry if MPs seize control of the parliamentary agenda?

download.001Ahead of Tuesday’s votes on Brexit, attention has focused on the rights and wrongs of the House of Commons seeking to ‘seize control’. Meg Russell argues that there’s nothing unusual about a democratic parliament controlling its own procedure and business. Indeed, the core principle of parliamentary sovereignty already gives the Commons control by default.

With stalemate over the Prime Minister’s Brexit deal, rejected dramatically by the House of Commons on 15 January by 432 votes to 202, there is increasing talk of parliament ‘seizing control’. On Tuesday, following the Speaker’s controversial decision to allow a vote on Conservative backbencher Dominic Grieve’s amendment speeding up the timetable, MPs will vote on a series of propositions about what should happen next. These include a further proposal by Grieve that the government’s usual control of the agenda should be set aside on specified days to allow MPs to make decisions on Brexit, and a proposal from Labour’s Yvette Cooper that such control be set aside to allow time to debate a private member’s bill demanding that ministers avoid a no deal Brexit by requesting an extension to Article 50.

Consequently, some inside government have expressed concerns that the Commons, with the Speaker’s assistance, is overreaching itself. It has been reported that an internal government document warns of MPs’ moves ‘represent[ing] a clear and present danger to all government business’, and even meaning that ‘the government would lose its ability to govern’. One senior legal figure (whose career was spent inside the government) has argued that changes of this kind could set dangerous precedents for the future, even potentially dragging the monarch into a constitutional crisis (though other legal experts have firmly rebutted such claims).

So are we entering dangerous constitutional territory? What is, after all, so odd about the idea of a democratically-elected chamber gaining greater control over its own time, and its own rules? Continue reading

The Business of the House: the role of the clerks in the Speaker’s decision on the Grieve amendment

pastedgraphic-1-e1494926560214As tensions rise in parliament over Brexit, the role of the Commons clerks has been much discussed. Here, former Clerk of the Committees Andrew Kennon offers a personal insight into how the clerks operate, within the context of  the recent decision of the Speaker on the 9 January Grieve amendment.

In his memoirs, Speaker George Thomas recalled a Member of Parliament in the 1970s who ‘had been told by the clerks that something he wanted to do was out of order because of a private ruling given by Mr Speaker Fitzroy years before the war’. When the Member asked to see the ruling, he was told it had been lost and that the only proof of it was a footnote in Erskine May, which is the official guide to parliamentary practice and procedure.

I recognise this clerkly approach from when I started in the House of Commons in 1977. This incident led Speaker Thomas to decide that all private rulings by the Speaker should be published. For a while, small green volumes of these rulings were produced, but the whole practice has now fallen into disuse.

There was nothing private or secret about Speaker Bercow’s decision on 9 January to select the Grieve amendment requiring the government to come back to the House within three days of any defeat on the Brexit deal (such a defeat came to pass on 15 January). The Speaker’s decision immediately resulted in an hour-long viva on parliamentary procedure in the form of points of order.

It remains to be seen how significant this decision will turn out to be in political terms. The procedural issue at stake is small. But it is when a government does not command a majority in the House that immense political pressure comes to bear on weak links in procedure; sometimes they break. Continue reading

The House of Commons and the Brexit deal: A veto player or a driver of policy?

pastedgraphic-1-e1494926560214With parliament set to vote on the government’s Brexit deal today, there is much speculation about what will happen if it is rejected. Here, former Clerk of Committees Andrew Kennon analyses the potential scenarios, including whether or not the House of Commons could end up running the country directly.

A key concern for the House of Commons when voting on the proposed deal with the European Union will be not only the merits of the agreement itself, but what happens if it is defeated. In theory, parliament – and in particular the House of Commons – is the ultimate source of constitutional authority within the UK system. But, in this particular circumstance, if MPs reject what is on offer, will they be able to take the initiative and impose a different course of action, or will they simply have to wait for the government to act?

The key problem for MPs wanting to implement other solutions to the Brexit deal is time – not just 29 March but debating time on the floor of the House. The government has complete control of the business and time of the House – with the exception of specific time set aside for the opposition and backbench business. Furthermore, any solution which requires legislation could only get through parliament with the government’s support.

But is it possible to contemplate the House taking the initiative in finding a solution to Brexit? If the government’s deal does not pass in the House on 15 January, might the government really say ‘we want to hear what the House thinks of the various options’?

An ‘All-Options’ debate?

At this point many MPs will want – and the public might expect – a debate leading to a vote on a whole range of options. In procedural terms, there is a clear precedent from 2003 when the House voted on a variety of options for the composition of a reformed House of Lords – though the salutary lesson from that experience is that each option was rejected. One group of MPs will be solidly opposed to opening up the options like this: those who oppose the government’s deal and want a no-deal exit. Continue reading