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No third Brexit vote allowed: John Bercow

House of Commons Speaker John Bercow yesterday ruled that the Government may not bring a third vote on a motion that has been rejected by the House twice:

3.33pm
Mr Speaker

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.” ...

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.

Here's video from Parliament TV:

This has caused apoplexy in the Government benches, and makes it almost impossible for Britain to exit the EU next Friday:

With 11 days to go until Britain is due to leave the EU, May was forced to pull her plans for another meaningful vote because John Bercow said she could not ask MPs to pass the same deal, after they rejected it twice by huge margins. EU officials, meanwhile, were considering offering her a new date for a delayed Brexit to resolve the crisis.

Bercow’s surprise intervention means May is likely to have to go to Thursday’s Brussels summit with a request for a long extension to article 50, which could mean the UK has to spend more than £100m on participating in European parliament elections.

Sources in Brussels suggested the EU may offer May a helping hand by agreeing on a new delayed Brexit date at the summit, which could allow her to argue next week that the deal is sufficiently different to merit a third vote in parliament.

Some hardline Conservative Brexit supporters were pleased that May’s efforts to pass her deal were being frustrated, hoping the EU would veto an extension and the UK would be forced to exit without a deal on 29 March. Government sources downplayed such a scenario, saying the EU was highly likely to grant an extension.

Writing for the Post, British journalist Nick Cohen says this is one demonstration of how "the quest for Brexit has killed Britain:"

Brexit Britain has reached populism’s inevitable terminus. The government is collapsing as Conservative ministers vote against their own administration with impunity. The equally chaotic opposition cannot oppose. No one can say whether my country will crash out of the European Union provoking an economic and social crisis. Honest commentators don’t make predictions anymore, but stare at the wreckage with slack-jawed disbelief.

The British crisis is deeper than the United States’ because at its heart lies a failure of truth-telling. We have no equivalent of the Democrat-controlled House of Representatives; no power center or coherent voice that can expose the populist politicians whose combination of cynicism and magical thinking led us to this pass.

Like populist movements across the West, the Leave campaign refused to make a tough call. Instead, it promised that wrenching change could be achieved without pain. Unlike the nationalists of the 20th century, who fetishized sacrifice, their successors are the authentic representatives of a baby-boomer generation that wants to have it all. Boris Johnson, an upper-class politician who could make President Trump seem a model of integrity, and his fellow supporters of Brexit promised that the task of securing a fresh trade deal with the E.U. would be “one of the easiest in human history.” As it has turned out, the tension of reconciling the populist propaganda of the referendum campaign with protecting the economy has caused a nervous breakdown in politics, and the real negotiations haven’t even begun yet. Meanwhile, British exceptionalists, like their American counterparts, insisted that other countries would bow before us. We were repeatedly assured that the E.U. needed us more than we needed them, a brag that grows more absurd by the day.

It is anyone’s guess what will happen next. There’s talk this week that perhaps May’s withdrawal agreement will pass Parliament on the third or fourth attempt, but parliamentary procedure might prevent her trying again. No one knows. Parliament said on Thursday it is now prepared to ask the E.U. to extend the deadline for Britain’s departure beyond March 29. The E.U. is under no obligation to agree. Even if it does, what would be the point? There is no consensus on what we should do next. Britain is deadlocked, and the catastrophic possibility of the country crashing out of the E.U. without a deal should not be underestimated.

I have no wish to diminish the seriousness of the criticisms against Trump or suggest that he is fit to govern a great country. But Trump will be gone by 2020 or, if the Democrats mess up, by 2024. Brexit gives every indication that it will paralyze Britain for a generation.

If it were any other country, I would gleefully munch popcorn while watching the circus act. But this is my ancestral homeland, my country's second-closest ally, the strongest military power in Europe after Russia, and the largest economy in Europe after Germany. This is insane. And no one knows what will happen.

Comments (1) -

  • David Harper

    3/19/2019 7:40:01 PM +00:00 |

    I've been following British politics since my student days in the early 1980s.  This is the most serious crisis I can remember.  It's possible that the miners' strike and the three-day week of the early 1970s were equally worrying to my parent's generation, but I was just a kid who though it was kind of neat that I only had to go to school three days a week.

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