Parliamentary Scrutiny of Leaving the EU — House of Commons, 2016-10-12
Topic: International Affairs
Jacob William Rees-Mogg (Conservative, Centre-right): The hon. Gentleman should check the record. Unfortunately, North East Somerset was not counted separately; we were infected by the votes of people in Bath. I am pretty confident that the wise people of rural Somerset voted to leave while the urbanites in Bath voted to remain Once Parliament has used that delegated authority to ask the people, who after all are our employers, what their will is, it must be followed. Everybody accepts that, so we come to the point of debating when we will put the notice under article 50 to the European Council so that it knows that that is our decision That is properly determined by the Government, which is where we get into the constitutional norms. You, Mr Speaker, have raised the standard of parliamentary scrutiny of the Executive in the past six or seven years to a proper height. I am strongly supportive of that continuing. We should all, particularly Back Benchers of the governing party, remember that we are here to hold the Government to account, and not just willy-nilly to support it, but within that we must recognise that there is a proper and constitutional sphere for Government activity. There is and long has been a separation of powers. The Government introduce their policy and their legislation to get it through, and they have the clear responsibility for the negotiation of treaties Against that, no Government can exist unless they have the confidence of the House. As I understand it, if at any day the Leader of the Opposition chooses to table a vote of no confidence in Her Majesty’s Government, Mr Speaker will take it urgently. Therefore, if the House resents or opposes any part of the negotiation or discussion, the Government may be removed and a new one put in their place. That does not mean that we should prevent the Government from exercising the proper role of the Executive. The Government are answerable to us in how they use that power. How often that happens has already been shown: we have had two statements from the Brexit Secretary; and a Select Committee has just been set up—it was voted for last night—that will hold the two new Departments to account and have hearings As it happens, I think there will be a vote on article 50. May I draw the House’s attention to Standing Orders Nos. 143(1)(ii) and 143(1)(vi), which provide for the type of documents that go to the European Scrutiny Committee for consideration? It is very hard to see the exercise of article 50 falling outside the definition listed in Standing Order No. 143. It seems to me that the European Scrutiny Committee, which has the responsibility for determining what matters are of sufficient legal and political importance to be debated, would decide that the exercise of article 50 meets that test for legal and political significance. Although it is right for the Government to determine the date, and although it is a proper exercise both of the prerogative and of the Executive arm of our system, none the less under our Standing Orders it will almost certainly come before the House, as will the other parts of the process, such as the great repeal Bill The great repeal Bill is an interesting approach but a very sensible one that the Government have decided on because it gives certainty. We have heard calls for certainty from the Opposition Benches again and again.