THIS CONTENT WAS ORIGINALLY PUBLISHED ON MY OLD SITE AND FORMS PART OF THIS SITE’S ARCHIVE
The following is unedited content from my Live Feed, from April 4th 2019.
04/04/19 – 12:30 The House of Lord’s has moved that an amendment on the Letwin-Cooper (Commons) bill is moved – at least that seems to be what they’re voting on; the speaker of the House of Lords seemed a little bit confused.
04/04/19 – 12:40 The House of Lord’s has voted; the division stands as Contents: 239 Not Contents: 118 Now they are clearing the bar for the next vote – on Lord’s Forsyth‘s motion, which is:
(2) Standing Order 39 (Order of Business) be dispensed with to enable that Bill to be considered after the motions on Economic Affairs Committee reports in the name of Lord Forsyth of Drumlean.
Correction: This was not the motion that was being voted on.
04/04/19 – The Motions Baroness Hayter of Kentish Town to move, further to the resolution of the House of 28 January that Her Majesty’s Government should provide sufficient time for this House to ensure the timely passage of legislation necessary to implement any deal or proposition that has commanded the support of the majority of the House of Commons, that:(1) Standing Order 46 (No two stages of a Bill to be taken on one day) be dispensed with to allow the European Union (Withdrawal) (No. 5) Bill to be taken through all its stages this day; and(2) Standing Order 39 (Order of Business) be dispensed with to enable that Bill to be considered after the motions on Economic Affairs Committee reports in the name of Lord Forsyth of Drumlean. Lord Forsyth’s of Drumlean’s motion was passed. The Lord’s is currently voting on the 1st Standing Order 46 motion.
04/04/19 – 13:05 The motion: (1) Standing Order 46 (No two stages of a Bill to be taken on one day) be dispensed with to allow the European Union (Withdrawal) (No. 5) Bill to be taken through all its stages this day. 94 Contents to 204 Non-Contents
04/04/19 – 13:11 Lord Forsyth claims that the bill is defective because of its lack of previous debate in the House of Commons; but also because of its issues – which include, according to Forsyth, is to make no-deal more likely (or at least that seems to be what he was saying).
04/04/19 – 13:19 The government believes that the Cooper-Letwin bill is actually pointless, and will hold up the process of negotiating an extension to our membership of the EU.
04/04/19 – 13:21 A member of the house of Lord’s has to be reminded that the House of Lord’s does not have “points of order”; as the Upper chambers votes on another motion, which I will announce the result for once it is announced.
04/04/19 – 13:19 The government believes that the Cooper-Letwin bill is actually pointless, and will hold up the process of negotiating an extension to our membership of the EU.
04/04/19 – 13:21 A member of the house of Lord’s has to be reminded that the House of Lord’s does not have “points of order”; as the Upper chambers votes on another motion, which I will announce the result for once it is announced.
04/04/19 – 13:34 The house of Lords voted 227 (Contents) to 111 (Not Contents) this was one the about seven amendments; they have just moved to vote on the next amendment from Lord Forsyth.
04/04/19 – 13:40 From what I can understand, and believe me the House of Lords seems to actually only make sense to them – even BBC Parliament is in the commons, yet the real thing is happening in the House of Lords – So we’ll break down what’s being voted on this morning… Baroness Hayter of Kentish Town to move, further to the resolution of the House of 28 January that Her Majesty’s Government should provide sufficient time for this House to ensure the timely passage of legislation necessary to implement any deal or proposition that has commanded the support of the majority of the House of Commons, that: (1) Standing Order 46 (No two stages of a Bill to be taken on one day) be dispensed with to allow the European Union (Withdrawal) (No. 5) Bill to be taken through all its stages this day; and (2) Standing Order 39 (Order of Business) be dispensed with to enable that Bill to be considered after the motions on Economic Affairs Committee reports in the name of Lord Forsyth of Drumlean.
04/04/19 – 13:42 Ammendments from: Lord Forsyth of Drumlean to move, as an amendment to the above motion, to leave out from “move” to the end and to insert “that the Standing Orders of the House relating to public business shall apply to all proceedings on the European Union (Withdrawal) (No.5) Bill.” and Lord True to move, as an amendment to the motion in the name of Baroness Hayter of Kentish Town, to leave out from “move” to the end and to insert “notwithstanding the non-binding resolution of the House of 28 January that Her Majesty’s Government should provide sufficient time for this House to ensure the timely passage of legislation necessary to implement any deal or proposition that has commanded the support of the majority of the House of Commons, that this House does not consider it is in keeping with the traditions and procedures of the House of Lords, its proper scrutinising role or its function as a safeguard of the constitution to apply unprecedented procedures to this Bill, and therefore declines to dispense with normal Standing Orders.” and Baroness Noakes to move, as an amendment to the motion in the name of Baroness Hayter of Kentish Town, to leave out from “move” to the end and to insert “notes that the Prime Minister has already indicated her intention to ask for a delay in the date for the United Kingdom to leave the European Union and considers it unnecessary, as well as undesirable and unprecedented, to apply exceptional procedures to the European Union (Withdrawal) (No.5 Bill) and therefore regrets the proposal by Her Majesty’s Opposition to do so.”
04/04/19 – 13:45 Further amendments in the name of: Viscount Ridley to move, as an amendment to the motion in the name of Baroness Hayter of Kentish Town, to leave out from first “that” to the end and to insert “the attempt to accelerate procedures on the European Union (Withdrawal) (No.5) Bill is not in accordance with normal practice in either House of Parliament and the provisions of Standing Order 46 (No two stages of a Bill to be taken on one day) should be dispensed with only to the extent necessary to allow the First and Second Readings of the Bill to be taken on one day, the Committee stage on a subsequent day, and the Report and Third Reading to be taken on the same day subsequently.” and Lord Robathan to move, as an amendment to the motion in the name of Baroness Hayter of Kentish Town, to leave out from “Commons,” to the end and to insert “notes that more than one day is required for this House to have sufficient time to scrutinise the European Union (Withdrawal) (No.5) Bill received from the House of Commons that has had less than one day of consideration in that House, and had not been received by this House by the end of business on 3 April.” and Lord Hamilton of Epsom to move, as an amendment to the motion in the name of Baroness Hayter of Kentish Town, at the end to insert “but in view of the exceptional constitutional implications of the proposal put forward, regrettably without agreement in the Usual Channels, for its exceptional consideration in the House of Lords, the House shall not resolve itself into a Committee on the bill until at least 24 hours after a report from the Constitution Committee on the bill has been laid before the House.” and Lord Blencathra to move, as an amendment to the motion in the name of Baroness Hayter of Kentish Town, at the end to insert “but the House shall not resolve itself into a Committee on the bill until at least 24 hours after a report from the Delegated Powers and Regulatory Reform Committee on the bill has been laid before the House.”
04/04/19 – 13:46 I think the amendments have been voted on in reverse order: Lord Blencathra; Lord Hamilton; Lord Robathan; Viscount Ridley; Baroness Noakes; Lord True and now Lord Forsyth of Drumlean; whilst Baroness Hayter of Kentish town motion were voted on at the start. It is also possible that Lord Forsyth‘s extra “filibustering” motions are the ones being voted on, but the announcements of whats being voted on have not always been clear this morning.
04/04/19 – 13:51 Lord Forsyth’s amendments have been defeated (123 Contents to 251 Not Contents, to the amendments). Lord True is now speaking, in favor of his amendment. Someone has just asked Lord True why he bothers coming every day (he has just accused Labour of basically being pointless in the Lords). It seems that Lord Forsyth‘s motions were voted on after Baroness Hayter’s motions.
04/04/19 – 14:02 Lord True (Conservative) is arguing that the Labour Party (The official opposition) is trying to usurp the Houses of Parliament and the Government – and that the attempt to run through the bill in one day and lay aside standing orders is to avoid proper scrutiny. An intervention has pointed out that this house has already passed motions and bills that have not followed the process of impactassessments. Lord True does not accept this is the case. And continues to argue that whilst the other house has asked the Lords to pass the bill, probably quickly, but that they do not have to do so quickly, and that an act of parliament must go through sufficient consideration, otherwise the Lords is not doing its job properly (and following proper procedures). He is now accusing Baroness Hayter of hypocrisy after a tweet on 24th February about May‘s desire to rush the Withdrawal agreement in 10 days – whilst today she wishes to run a bill through in a single day. And that the motion was tabled so late.
04/04/19 – 14:06 Lord True believes that this bill is nonsense – as the PM has already committed to do what it asks. And that whilst also arguing that the Lord’s does set aside standing order in times of emergency – but that today’s bill is not an example of this. He has now moved onto attacking the Liberal Democrats with going along with the “pre-cooked” plot of Sir Oliver Letwin (Conservative, MP) and the Labour Party.
04/04/19 – 14:08 Lord True is arguing that the Official Opposition should be cautions as if this sets the precedent for setting aside standing orders – for IF they end up in government they may find that others (the Conservatives) use it against them.
04/04/19 – 14:13 Lord True: “There is no argument in logic, There is no argument in process that we pass this motion today” on the grounds that the Prime-Minister has already committed to fulfilling the objectives of this bill. Lord True appeals to freedom (of the Lords) to amend and debate. An Intervention (from a fellow Conservative peer) is that if the Official Opposition stand up (after Lord True) and move rather than to allow further debate; and against the silencing of the “minority” and that the cross-benchers are to be the balance in this argument; as the Conservatives are actually smaller in number in the HoL than the Labour and Liberal Democrat peers – appealing to the Cross-Bench peers are the ones who must prevent the “tyranny” of the majority (of peers) and allow all (the Conservatives) to be heard.
04/04/19 – 14:17 I’ll be honest to me Lord True seems to be filibustering – that is to draw out in an extension (beyond the 15 minute time limit that was set for today’s speeches) – he has now hit over 30 minutes; and the claims that everyone must be heard – is to delay the hearing of the bill itself – these are still just arguments about whether to hear the bill in one sitting, rather than 2 or 3 (his preference of course is for 3, so it can be sent back to the commons, when it was too late). Now the house is about to debate Lord True’s amendment.
04/04/19 – 14:18 The peer following Lord True has just called him out for his 30 minute speech and all these amendments for filibustering.
04/04/19 – 14:21 The Labour Peer who has followed Lord True is arguing that the Commons would have been negligent in its duty if it had not filled-in the vacuum left after the effective collapse of the government. And that this bill needs to be debated in full today as time is of the essence. And denies the bill is not unnecessary – as despite the PMs commitment, she does not have the confidence of the commons in fulfilling her commitment – and that this is the Commons way of ensuring it. And that the bill can be debated more fully IF the house of Lords was not wasting time debating these procedural motions.
04/04/19 – 1426 Last peer (thought was Labour, was the Leader of the Liberal Democrates). Another peer (Conservative, I believe) has described this as a constitutional crisis (not sure if he’s talking about the standing procedures or Brexit). His issue is about the lack of written constitution (which is fine when the interpreted by the appropriate courts) and that Britain hasn’t needed one because we haven’t had a ruling discontinuity whether through cession; wartime or revolution – and that the UK has been uniquely blessed in this. However, the price we pay in not having a written is that standing orders which is what we base our way of protecting our unwritten constitution – and that in ignoring the standing orders is constitutional vandalism.
04/04/19 – 14:28 The Conservative Peer (Constitutional Crisis guy) is now arguing that he is rather worried (he’s using very emotive language to describe) the division between parliament and the United Kingdom. A female peer (former Teacher of Constitutional Law) is now talking…
04/04/19 – 14:29 Previous Peer was Lord Lawson. Current Peer (Former Professor of Constitutional Law) is arguing that respect for the law is internalised. And is now arguing that the constitution is being trashed and that there is a risk of a breakdown in trust between the two houses, the government and the courts. She is arguing that the UK does not have its sovereignty and that it is with the EU.
04/04/19 – 14:31 Former Lecturer in Constitutional Law Peer is now arguing the EU is effectively evil and has damaged this process – naming Junker as being “appointed” even “when we didn’t want it”.
04/04/19 – 14:35 Conservative Peer: “The excuse that we are in a time of national emergency – is the excuse used by tyrants down the ages…”
04/04/19 – 14:42 Peer: “Ironically I think the proposal coming forward in this bill does more harm than good…” essentially because it weaken’s the PM’s negotiating hand for an extension with the EU, as she is not in control.
04/04/19 – 14:45 Baroness Hayter argues that the Leader of the House should have tabled this bill, as it was moved by Parliament, but did not, and thus were negligent (by implication) in not doing so.
04/04/19 – 14:47 Baroness Hayter of Kentish Town argues that at this “time of national crisis” people in the gallery must be wondering what is going on when the house of Lord’s is not debating the actual bill today, but rather the procedure about even tabling the bill.
04/04/19 – 14:49 Lord True’s amendment goes to the vote.
04/04/19 – 14:59 The Peer’s are returning to their seats, which means that the results of the vote on the amendment should be announced shortly.
04/04/19 – 15:01 The Lord’s has an “archaic” way of voting – it seems from looking – they vote on whether to move a motion for voting and then they vote on the actual motion or amendment.
04/04/19 – 15:04 The results should be announced shortly, I imagine the major broadcaster will switch to the Lords (i.e. BBC Parliament) once they get onto substantially debating the actual bill, at the moments its amendments, which could be viewed as attempts to delay the process.
04/04/19 – 15:05 The Amendment in the name of Lord True is about to be actually voted on, the previous vote seems to have been on whether to vote on the amendment or not: the results for that vote are: Content: 249 and Not Content: 97
04/04/19 – 15:08 Whilst we wait, some interesting factoids about the House of Lords. The Lords is self-regulating (something they pride themselves on) which means they don’t have a speaker in the way that the commons does, and no single person therefore oversees debates.
04/04/19 – 15:11 Like in the commons before a ‘division’ (vote) the Speaker (or caller) will ask the Ayes (Contents) and the Nos (Not Contents) to call out, this is arguably archaic, but if, as is most often the case, the person calling does not hear a clear majority they will call for the vote – quite often those with less seats will shout very loud to make it sound like there is more of them, so that it goes to a vote – this will probably happen a fair bit today, as it will delay moving to the actual bill in questions’ first reading – once its there, it should process through at a reasonable pace – assuming the delay amendments aren’t approved – the numbers don’t look to support the delay amendments, and one assumes the bill will be supported by a majority of the Lords, whether that is a good thing is a matter for debate.
04/04/19 – 15:15 The commons can over-rule the House of Lords by invoking the Parliament Act 1911 (and technically the Parliament Act 1949) – anyway this piece of legislation has been used probably less than half a dozen times. And now to the results on Lord True’s amendment…
04/04/19 – 15:18 Lord True’s Amendment: Contents: 122; Not Content: 248 – Which means the amendment has been rejected. It is now Baroness Noakes’ amendment which “considers it unnecessary, as well as undesirable and unprecedented, to apply exceptional procedures to the European Union (Withdrawal) (No.5 Bill)”.
04/04/19 – 15:22 A few arguments and interjections across the chamber primarily that each amendment (though very similar) are distinct and different – and therefore rather than being debated and voted in one; but that we have to debate these amendments and now we will not have time to debate the full motion and bill. It’s very much a too-and-fro between those who support the wrecking/filibustering amendments and those who wish to proceed the Letwin-Cooper Bill (Commons) – in the Lords known as the Baroness Hayter Bill. Lord Forsyth* has some “important” motions which MUST be debated fully (randomly) in the middle of the evening tonight – which is seen as blocking the proper full debate of Baroness Hayter’s Bill.
04/04/19 – 15:28 I’m going to sign off for now – and let the Lord’s argue out their motions – as frankly the motions appear to be the same (although worded differently) and are likely to be defeated. It may be that they filibuster the bill itself by extending Lord Forsyth‘s motions and the debate on the actual bill this evening. Baroness Noakes believes we must trust the Prime Minister.
04/04/04 – 15:53 They’ll be voting through the amendments quickly now – as those in support of the actual bill are pushing to get through the blatant filibustering. There has been the suggestion from one Conservative Peer that these amendments represent the [Anti-] European Research Group (ERG) – who arguably have never researched the EU – anyway, that these amendments represent the ERG’s contingent in the House of Lords.
04/04/19 – 16:15 Most of the arguments being made in the HoL is based on the constitutional abnormality of this attempt to push this bill through today. Arguments surround whether the bill supports the referendum or is in favour of a “remainer” parliament. These arguments are coming from Peers who desire a no-deal brexit.
4/04/19 – 16:16 Brexiteer Peer describes the HoL as an “Echo-Chamber of Remainers” and swiftly moves backs to the constitutional issues.
04/04/19 – 16:20 Oliver Letwin’s comments in the debate in the House of Commons are being used against him, primarily his belief that there is a majority in the HoL for this bill before they’ve seen the bill.
04/04/19 – 16:21 Arguments are focusing now on the way the bill passed through HoC – with terms like “usurped” and “improperly” being used to push the bill through.
04/04/19 – 16:26 You know a Hard/ERG/No- Deal Peer when they use phrases that describe a “long extension” as a bad idea, or their love for no-deal or even for other options… But this is a procedural debate, apparently, and the HoC is effectively breaking the constitution and breaking the rules of our parlimentary democracy. This is a debate on respect for the HoL – whether getting the bill through quickly is seen as breaking the constitution or not doing it quickly enough is seeking as usurping the will of the commons and by extension the public… So many arguments in circles… Clearly everyone is talking past each other.
04/04/19 – 16:49 At the speed they’re moving through these wrecking amendments, I imagine they’ll move onto the bills debate around 7pm latest.
04/04/19 – 17:10 I’m just hoping they get to the bill to be debated before 9pm! With any luck they’ll make it by 6pm, but probably closer to 7pm (and I believe that’ll be what is called the second reading, but the HoL is rather confusing).
04/04/19 – 17:11 No Brexiteer Peers are being accused of using the constitutional arguments not because they genuinely believe them, but because the desire a No Deal Brexit.
04/04/19 – 17:15 It’s probably treason or something to say this, but I’m not convinced that these arguments saying it’s unconstitutional is because they really want to scrutinize the bill, because essentially they all seem to have made up their mind, this is about delaying the bill they hate, on the whole.
04/04/19 – 17:20 Baroness Hayter of Kentish Town seems to agree, these amendments aren’t about the bill, but fillibustering. Because everyone has basically stood up and stated they were against the bill, and then outlined their constitutional issues.
04/04/19 – 17:25 The reason they want to drag it over 3 days? Because if they can send it back to the lower chamber on technicality on day 4, it’ll be too late.
04/04/19 – 17:51 “The question is, will the question now be put” is a common refrain in the HoL – essentially, we will now vote on whether to vote on the amendment/motion/bill – yeah rather an odd archaic approach, but that’s the way they do it.
04/04/19 – 18:00 The important amendment actually happened at 1:30pm today which means the HoL can sit until 3:30am today to get the bill through – that amendment tried to prevent its passage today, it clearly failed, as have all the amendments so far, as again expected.
04/04/19 – 18:10 Starting with constitutional arguments, as each amendment has been defeated on larger divisions than the one before; Lord Hamilton of Epsom has admitted that he doesn’t want the bill to “ever make it onto the statue books”.
04/04/19 – 18:11 Lord Hamilton (Con) admits that if in opposition they would use the precedent of the process to get this bill through to frustrate the gov. of the day. Seems like he desires to be obstruct rather than facilitating the HoC.
04/04/19 – 18:16 Lord Hamilton amendment which limits the time before the second reading of the bill, which requires the Constitutional Committee to submit a report, and then a minimum of 24 hours before second reading of the bill can begin.
04/04/19 – 18:15 Lord Hamilton’s bill has been moved, “let’s ask the question”. Though he seems to have left the chamber… But they move on irregardless, voting to vote.
04/04/19 – 18:18 Lord Hamilton’s amendment is the third to last before the actual bill, it should be moved shortly.
04/04/19 – 18:19 Baroness Hayter suggested that with the way the amendments had been blocking the bill tonight, it would actually be about 11am tomorrow before the HoL could debate, in line with Lord Hamilton’s amendment.
04/04/19 – 18:32 Even once all these amendments have been defeated we still have Lord Forsyth’s [not-so-urgent] urgent debate on a completely unrelated topic. Which means they will possibly get to the first reading at about 9pm.
04/04/19 – 18:45 Whilst the reasons for tabling these amendments is at best dubious; the constitutional arguments do actually have merit, unfortunately.
04/04/19 – 18:50 I may have miss-heard but I believe #LordRobathan who is proposing his amendment said he does not wish to push his amendment to vote? Maybe I miss-heard that though.
04/04/19 – 18:48 Clearly I did miss-hear, #LordRobathan ‘s amendment seems to be off to a vote.
04/04/19 – 19:02 Baroness Hayter is being urged to withdraw her motion by the Chief Whip. She has refused.
04/04/19 – 19:05 Issues being discussed about when the bill’s business will be completed – deadline at some point Monday, Chief Whip suggests that is flexible, as HoC remains open until HoL decides on Monday.