John Bercow, the Common speaker, is making a surprise statement to MPs.
He says there has been much speculation about another meaningful vote.
On 13 March Angela Eagle, the Labour MP, asked if it would be proper for the government to keep putting the same motion to a vote. He says MPs from both sides of the House, and from both sides of the argument, have expressed their concerns to him their concerns about MPs voting on the same thing over and over again.
Erskine May, the parliamentary rulebook, says an issue that has been decided in substance cannot be brought back to the Commons. Bercow says ultimately it is for the chair to rule on this.
This convention dates back to 1604, he says. He says Chris Bryant, the Labour MP, gave examples in a speech last week examples of speakers ruling a motion could not be brought back because it had already been decided. Erskine May refers to 12 such rulings before 1920.
This is a necessary rule to ensure the sensible use of the house’s time, and proper respect for what it decides.
He says the absence of rulings since 1920 is due not to the lapse of the convention, but to compliance with it.
Bercow wants to summarise the chronology of events.
He says the EU withdrawal agreement was published on 14 November. The agreement was endorsed by the European council on 25 November. The first scheduled vote on the deal was due to take place on 11 December. But, on 10 December, the vote was postponed after 164 speeches had been made over three of the five days alloted for the debate.
“That postponement was not caused by me, nor the house, but by the government.”
Bercow says he said at the time MPs should get a vote on the postponement. But they did not get one.
The first meaningful vote was on 15 January. It was lost by 230 votes. The next one was due in February. It was postponed, and the vote took place last week. That vote was lost too.
Bercow says the vote last week did not go against the “no repeat votes” (my paraphrase) rule. There had been changes to the legal agreement. And three new documents had been published, he says. He says in procedural terms it was quite proper that the debate and second vote took place. The government responded by scheduling debates on a no-deal debate and on an article 50 extension.
Bercow says it has been rumoured third, or possibly fourth, votes may be scheduled. So he is setting out his views.
If the government brings forward a new proposition, that would be in order. But the government cannot bring back “the same proposition”, or “substantially the same proposition”.
He says this is not his final ruling on the matter. He is just setting out the test the government must meet.
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Labour’s Hilary Benn, the chair of the Brexit committee, asks if Bercow’s statement means the government would have to get the EU to agree to changes to the agremeent. Or would it be enough for the government to offer concessions to a party in the Commons (ie, the DUP).
Bercow says, thinking off the top of his head, “in all likelihood, the answer to [Benn’s] question is yes”.
A change of opinion about something is not the same as a change to the offer, he says. He says he would have to look at this. Fundamentally, for something to be different, it has to be fundamentally different. Not just different by wording, he says; different by substance.