House of Commons
Parliament

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Labour MP David Lammy says it is "extemely unwise to thrust civil servants and officials... into the public domain in this way".

When it has happened before it has "often ended very badly for the individuals involved".

He says it is "inappropriate" for the House to lead that charge.

The Speaker says "I am a member of the legislature, the Speaker of the House of Commons: my job is not to be a cheerleader for the executive branch, and to speak up for the rights of the Commons."

"The Speaker will assuredly do so," he concludes.

Conservative MP James Cleverly says the Speaker "must be seen to be impartial" and that it "might not be wise" to make the decision regarding this amendment to the motion "at such a contentious time in this House".

The Speaker says "the responsibility is mine, and it is now - the chair has to make his best judgement there and then, and that is what I have done."

"I respect the honourable gentleman's question, but the answer is no," he concludes.

House of Commons
Parliament

SNP MP Pete Wishart asks if there are any means available to the House to communicate to the Conservative party that "we are all bored, we are all tired, and the people want us to get on with today's debate."

Conservative MP Kevin Foster says "he is never bored of the proceeding or doing his job".

He says he wants to pick up the point that the Speaker earlier said "only statute can overrule statute", and that this amendment would reduce the amount of time the prime minister has to come back with an amended deal if her deal is defeated on Tuesday from 21 days to three.

He asks which has precedence.

The Speaker says the reference to 21 days is a 21 day maximum, and says "that which is government by statute is a matter of legal fact."

House of Commons
Parliament

Labour MP Hilary Benn says the House of Commons is "taking back control" and MPs should welcome it.

"Mr Speaker, you have made your ruling, it is clear the House should respect it, and I wonder if you could advise us how we can now move on with the business of the day?"

Speaker John Bercow says he has "never ducked a challenge" and he would like to move on, but he will take other points of order if people wish to raise them.

Tory MP Jacob Rees-Mogg asks if it is the case that the motion, if the amendment is accepted, has then to be put by the government, so "may not therefore be put, unless it is accepted by a minister."

Mr Bercow says that if the motion has been moved, then it must then be put. "I say that on the basis of specialist advice."

Mr Rees-Mogg also asks about the interpretation "of the word forthwith" and how the interpretation affects other standing orders, which he says need to clarified.

The Speaker says he's happy to reflect on that point, "it's a very serious question", but "I'm not sure it is reasonable to expect a full reply today".

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Parliament

Conservative MP Simon Hoare says the advice between the clerk and the Speaker is "entitely proper" but asks for clarification for two things.

He firstly questions the definition of terminology in relation to amending a motion, and says this may mean the role of Procedure Committee needs to be taken into account.

He adds that "we need to think about the dignity of the office of Speaker and the dignity of the Chair."

"We are in particularly choppy and dangerous waters," Mr Hoare says.

The Speaker says he thanks Mr Hoare for his point of order and says his practice is championing the rights of the Commons.

Mark D'Arcy
Parliamentary Correspondent

Another FoB Sir Christopher Chope says it would be “an own goal” for the House to criticise the Speaker for giving it more choices...

And he reminds Brexiteers about Mr Bercow's 2013 ruling which opened up the then Coalition to pressure to hold an EU referendum.

Speaker Bercow is winning this at the moment.

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Parliament

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Tory MP Sir Christopher Chope says it is only because the Speaker allowed additional amendments to the 2013 Queen's Speech, regarding a referendum on EU membership, that Brexit has happening at all.

"Let nobody suggest that you are, by your actions, undermining Brexit," he says.

"It seems absolutely an own goal for this house if we start undermining your position in the chair."

He says he strongly resents that a government whip is currently trying to "orchestrate" objections to Mr Bercow's ruling.

Mr Bercow says: "I think I can cope with that."

He says the role of the Speaker is to do its best to "stand up for the rights of the House of Commons, including the views of dissenters on the government benches...and to defend the rights of opposition."

"I've always sought to do that... I'm championing the rights of the House of Commons."

Mark D'Arcy
Parliamentary Correspondent

Iain Duncan Smith’s point of order opens a whole can of worms – is this a precedent?

The Speaker says it is, in his view, reasonable for MPs to want to amend a Business of the House motion.

It might be against precedent, but, he adds, things change.

In other words, this decision might resound through the future and see MPs taking more control of the Commons agenda.

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Parliament

Conservative MP Iain Duncan Smith says he has previously asked clerks if business motions could be amended and "was told categorically that it is not possible".

He asks whether the instruction will go to the clerks that in future a backbencher willing to amend a motion will be allowed to do so.

The Speaker says he would like to reflect on that matter.

He says he believes it is "not unreasonable" that backbenchers should be allowed to amend a motion.

"It seems sensible to look at the mertis of the case," he adds.

"Precendent doesn't completely bind for one very simple reason: if we were guided only by precedent, manifestly nothing in our procedures would ever change," the Speaker adds.

"I have made an honest judgement," he says, and if people wish to vote for or against the amendment they can.

Mark D'Arcy
Parliamentary Correspondent

With some relish, the Speaker blames the Chief Whip, when the Conservative MP, Vicky Ford, complains that the amendment from Dominic Grieve cannot be debated.

The Leader of the House Andrea Leadsom asks for confirmation that the Speaker’s ruling followed the advice of the Commons Clerk– its an open secret that it didn’t.

That grin is back.

The Leader wants the advice published, and the Speaker’s answer that the advice is given in private attracts a gale of derision.

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Tory Vicky Ford asks the Speaker to confirm whether MPs will get a chance to debate the amendment before they vote on it.

Mr Bercow says the terms in the business motion were specified by the Chief Whip, and they say that no debate is allowed.

"The honest answer is no, but that isn't my fault," he says.

Leader of the House Andrea Leadsom says there is concern about the decision taken, and asks for confirmation that it was taken with advice from the clerks and House advisers. She asks if the Speaker would consider publishing the advice.

Mr Bercow says the advice is tendered to him privately, "that's absolutely proper", but he had a written note that he quoted when responding to Peter Bone's point of order.

He says there is "nonesuch" full written advice that can be published.

Ms Leadsom asks whether the clerk agreed with the decision, he made, or advised against it.

Speaker John Bercow says they discussed the issue, and he concluded as he did, after which the clerk advised him further "on the treatment of the issue".

House of Commons
Parliament

Conservative MP Heidi Allen says she is "hopping mad", as when she became an MP three years ago, she was "determined I would not become part of the establishment".

She questions whether MPs realise how out of touch the people think they are, and says with 79 days to go, "we should be getting on with a plan B if Parliament decides next week that this deal is not the one for the people".

"When are we going to start acting like public servants and doing the right thing?" she questions.

The Speaker says he takes on board the comments, but it is his responsibility to deal with points of order effectively.

House of Commons
Parliament

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Labour MP Stephen Doughty says the government has a "track record" in trying to prevent Parliament "having its say" on the Brexit process.

He accuses the government chief whip of texting journalists in an attempt to "undermine" John Bercow's judgement that the business motion is amendable.

He says ministers didn't table the business motion for this week's debate until "5pm, 6pm last night", which he calls a "deliberate attempt to prevent amendments going down".

John Bercow replies that he understands the motion was tabled yesterday afternoon, although he can't recall at exactly what time.

He says it will be for MPs to judge "whether that was altogether helpful".

Analysis by Mark D'Arcy

The Speaker says it is for the House to vote on any amendment – and adds he will continue to do what he believes to be right.

Labour’s Stephen Doughty complains that the Chief Whip is messaging journalists and Conservative MPs to undermine the Speaker’s ruling and then complains that the Business of the House motion from the government did not appear until late on Tuesday afternoon….

The Speaker muses about whether the House found that helpful.

House of Commons
Parliament

Conservative MP Sir Bill Cash asks the Speaker to confirm that no amendment to the European Withdrawal motion can have any legislative effect "and therefore cannot override the expressed repeal of the European Communities Act 1972 under any shape or form".

The Speaker says "yes, only statute can overrule statute".

House of Commons
Parliament

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Tory veteran Ken Clarke says that "in recent years" Parliament has seen a "decline" in its power to hold government to account, but the Speaker has been very important in "maximising the opportunities" for MPs to do this or debate issues.

He says he finds it "unbelievable" that people are putting such effort into "excluding" MPs from their ability to hold the government to account, and suggests they don yellow jackets and join protesters outside if they have an issue.

Mr Bercow agrees.

Labour MP Chris Leslie asks for confirmation that it would not be in order for the Speaker to "simply respond to the loudest voice...or be pushed in any way by a minority view".

Mr Bercow says he agrees, adding that "for the avoidance of doubt...what the chair is proposing to do is to select an amendment, because in his honest view it is a legitimate amendment, it is for the house to vote on that amendment and to vote."

"That is what i have always done... I will continue to do what I believe to be right."

Mark D'Arcy
Parliamentary Correspondent

Former Minister Mark Francois makes a more direct attack; accuses the Speaker of over-ruling a motion of the House.

The Speaker grins the tight grin that he adopts when in a corner...