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Mr. Menzies Campbell: How many of the guillotine motions imposed by the previous Conservative Government in the last Parliament would the hon. Gentleman have opposed?

Mr. Brady: As the hon. and learned Gentleman knows, I was not here, and it is difficult to answer a hypothetical question. I can say that one should give serious thought to a request to support a guillotine motion on a constitutional measure of the importance of the Bill. When we debate legislation that will give away power that belongs to the House, to this country and to the British people, who are sovereign, we do not have the right to throw it casually away. That is the nub of the matter.

Mr. Hayes: Does my hon. Friend agree that the critical issue is the ability of this Parliament to restore or repeal legislation such as the Bill? Perhaps the hon. and learned Member for North-East Fife (Mr. Campbell) should be more selective about guillotine measures, because the legislation is of especial constitutional importance. It is

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not even a domestic matter, but involves legislation that could not be subsequently repealed: that is the fundamental point.

Mr. Brady: To quote the Prime Minister for perhaps the only time, "My hon. Friend is absolutely right." I cannot add anything further to his point.

Mr. Bowen Wells (Hertford and Stortford): Perhaps my hon. Friend would care to reflect on the matter raised by the hon. and learned Member for North-East Fife (Mr. Campbell). When we debated the Maastricht treaty in the last Parliament--unfortunately, my hon. Friend was not here--we sat night after night and day after day, democratically and without a guillotine motion, to discuss matters of grave constitutional importance. We are now being denied that right, and I fully support the comments that my hon. Friend has made.

Mr. Brady: I thank my hon. Friend for making that point.

As I was saying, it is bizarre that the only points of any substance have been made by the hon. and learned Member for North-East Fife and not by the Foreign Secretary. The hon. and learned Member appeared to ridicule our demand for a referendum on the Bill, which made me wonder whether he thinks that the treaty is more or less important than the legislation that will establish the Welsh Assembly or the Scottish Parliament. Is the treaty more or less important than what the Prime Minister referred to as the creation of a sort of parish council?

I believe that the treaty is more important. We had referendums on the Scottish and Welsh issues, which are less significant constitutionally than the Bill, because it will transfer power out of the United Kingdom. However, the hon. and learned Member does not believe that it would be appropriate to engage in the same consultation of the British people as was granted to the people of Scotland and Wales.

Mr. Menzies Campbell: The hon. Gentleman must be aware that the right hon. and learned Member for Rushcliffe (Mr. Clarke) described the Amsterdam treaty as a mouse of a treaty. In those circumstances, why do the hon. Gentleman and his hon. Friends attach such importance to it? Perhaps they believe that what the right hon. and learned Gentleman said was wholly unfounded.

Mr. Brady: I make no bones about the fact that I do not share the views of my right hon. and learned Friend the Member for Rushcliffe on that matter. The hon. and learned Gentleman does not answer my point about whether it is more important to establish a parish council in Edinburgh or Swansea than to transfer massive new powers to Brussels, which is outside the United Kingdom. That is the central point.

The hon. and learned Member for North-East Fife also alleged that there had been repetition in the speeches by Conservative Members, but that does not have any foundation. He has only recently faced any danger of repetition by Liberal Democrat Members, because he has been alone in his place for most of the debate. He claimed that his loneliness on the Liberal Democrat Benches showed the confidence that his Back-Bench colleagues have in his abilities. For much of the evening, that confidence clearly has been total.

Mr. Hayes: I wish to refer to the Government. Labour Members have been remarkably silent; not one, other than

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the Foreign Secretary, has spoken so far. Are we witnessing not only a deliberate attempt to suppress the views of the House as a whole on a major constitutional issue, but the use of the iron discipline of the Government Whips to prevent Labour Members from saying anything on the motion?

Mr. Brady: Again, it would be a great cause for concern if Labour Members with a view on a matter of such constitutional significance were dissuaded from speaking their minds.

Dr. Vis: We have heard a lot about filibustering. I have been sitting here for an hour, and the last three Conservative Members have repeated one another. Why does the hon. Gentleman not speak to the motion? We have heard nothing about it. He should speak his mind, rather than saying he is not filibustering. I have heard 17 times that he is not filibustering.

Mr. Deputy Speaker: Order. The hon. Member for Altrincham and Sale, West (Mr. Brady) certainly is not filibustering, because I would stop him if he were doing so.

Mr. Brady: Thank you, Mr. Deputy Speaker. I have seen no evidence, either this evening or on other occasions, that the Chair has been anything other than punctilious in controlling the House. The hon. Member for Finchley and Golders Green (Dr. Vis) has made two lengthy interventions during my speech, which leads me to wonder whether he, rather than my hon. Friends, is trying to filibuster.

It is important to stand up for the rights of Back Benchers in these important matters, so that we do not limit our consideration merely to what our Front-Bench colleagues say. The Government's attitude to Parliament, which we see again in this measure--as we have seen so often since 1 May--demonstrates a lack of confidence in their own ability to make a case. They are concerned that, if they come here and allow a proper, full debate, their case will not stand up to scrutiny.

The transfer of power that we see in the treaty and in the legislation to enact it is entirely consistent, I would argue, with the behaviour of the Government. They have no regard for the standing of Parliament or for our democracy here, and they are transferring the powers of the British people to undemocratic bodies across the sea. In so doing, they are acting exactly the same as when, in the House, they refuse to allow proper debate. That is why we should oppose the motion.

10.52 pm

Mr. Tim Collins (Westmorland and Lonsdale): When the Committee's consideration of the Bill was suspended, I was on my feet. When I heard that the Government were rushing through a guillotine motion, I was tempted to ask, "Was it something I said?"

We heard the Foreign Secretary set out rather more substantive reasons for the motion, and I shall confine my remarks to some of the arguments he advanced. The first, and perhaps the most important, argument for any guillotine motion is that the Government have to protect their parliamentary time to ensure the passage of their

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business. That is a little curious, given the way in which the Government have handled parliamentary time since their election.

If the Government were concerned about parliamentary time, why did they rush forward with an emergency Budget at a time of widespread and well-acknowledged national prosperity, instead of waiting until November? A great deal of parliamentary time was consumed on a Finance Bill much earlier than was necessary. If there was a shortage of parliamentary time, why was the House dismissed at the end of July and not called back until very nearly November? If there is such a shortage of parliamentary time, why is the House to be dismissed before Christmas and brought back not the week after new year, but the following week?

Indeed, if there is such a shortage of parliamentary time--so much so that a Bill of fundamental constitutional significance cannot be properly debated--surely we should look again, at least temporarily, at the Jopling reforms. I speak as someone who supports those reforms. Lord Jopling, as he now is, is my predecessor. Let us consider the sitting hours of the House and invite it to sit on mornings other than Wednesdays and on more Fridays.

If there is really a profound lack of parliamentary time, the Government can easily provide that time through any of the means that I have identified, but the truth is that there is a lack not of time but of Government will to have debate, and that is a very different matter.

The Foreign Secretary advanced the bizarre argument that some of our points were frivolous, citing as an instance of that frivolity and absurdity the proposition from my right hon. and learned Friend the shadow Foreign Secretary that it is possible for our European partners to misinterpret an agreement, to isolate us 14 to one and to gang up on us.

I know that there is a state of cordial mutual loathing among members of the Cabinet, but I wonder whether the Foreign Secretary ever speaks to the Minister of Agriculture, Fisheries and Food who, at the beginning of the week, said precisely that our partners had misinterpreted and broken an agreement and had ganged up on us 14 to one against our national interest. Perhaps those arguments are not quite so frivolous.

The Foreign Secretary then advanced the mandate argument. That is dangerous territory for him. He said that, because the people had spoken, Conservative Members should not speak; but we have a mandate, too. We were elected to the House on precisely the same basis as Government Members.


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