House of Commons 17 April 2018

Mr Rees-Mogg:

Parliament has done its correct duty—admittedly assisted by you, Mr Speaker—in ensuring that there were six hours of debate yesterday and a further three hours of debate today, but these constitutional issues are not new. Indeed, this matter is at the heart of the Glorious Revolution, and one of the clauses of the Bill of Rights, which is still our law, states that “the raising or keeping a standing Army within the Kingdome in time of Peace unlesse it be with Consent of Parlyament is against Law.” That is why every five years an Armed Forces Bill is passed—to ensure that the armed forces that are available to the Executive are approved by Parliament.

This last happened in 2016 when the Armed Forces Act was renewed. On that occasion, the Bill passed Second Reading without a Division, and it passed Third Reading without a Division. There was uniform consent in this House that the armed services should exist on a similar basis to that on which they have existed since 1689. The Leader of the Opposition did not choose to put down an amendment to put any limits on how the armed services could operate. He did not choose to put down an amendment to say that the Government could not act without the specific consent of Parliament. At every stage, the Bill was passed, and it recognised the proper constitutional settlement and the separation of powers. An Executive and a legislature are different things and have different responsibilities.

As hon. Members know, I have the highest respect for the leader of the Scottish National party in this House—the right hon. Member for Ross, Skye and Lochaber (Ian Blackford)—but I think that he made an error in his speech when he suggested that this House ought to give pre-approval, because the job of the House is to hold the Executive to account, not to try to run the Executive by remote control.

Wera Hobhouse:

I am very grateful to my neighbour for giving way. Surely this debate is about not a collective decision on the action that has been taken and on putting the armed forces at risk, but a process that we in this House are collectively happy with and agreed on. Clearly the fact that we are having this debate means that there is not a collective agreement about the process.

Mr Rees-Mogg:

The hon. Lady is absolutely right, as the Leader of the Opposition was earlier, to say that today’s debate is about process. What I am trying to say is that the process is established, has been established ?for centuries and is highly effective. The Executive are only the Executive as long as they command the confidence of this House. It would have been open to the Opposition, instead of going for a Standing Order No. 24 debate, to have asked for a vote of confidence in Her Majesty’s Government. I think that that would have been the right thing to do, having listened carefully to the Leader of the Opposition’s speech. The Opposition fundamentally do not have confidence—or their leadership does not—in the making of this decision. We would then have seen whether this House had confidence in the Executive to make the decisions that are the legitimate business of the Executive.

David Linden (Glasgow East) (SNP)

rose—

Mr Rees-Mogg:

I will not give way again because time is short.

If that were to happen, we would know that the use of force had not been agreed by this House, but it is a retrospective agreement. This is established in our constitution and has been for the longest time, and that is very important, because Executives have the confidential information that allows them to make decisions. The right hon. Member for Ross, Skye and Lochaber asked why the Cabinet was called when Parliament was not. The obvious reason is that we have Cabinet government in this country. The Prime Minister cannot act on her own; she has to act with the consent of the Cabinet. That is how our constitution functions.

Ian Blackford:

Would not the hon. Gentleman concede that in the case of any military action since the Iraq war, the consent of Parliament has been sought on every occasion before troops have been engaged?

Mr Rees-Mogg:

That is not correct. With the bombing raids on Libya, retrospective consent was given by this House; it was not sought in advance. That is the issue that goes to the heart of this matter. Yes, we have a flexible constitution, but it is not right to say that we have no constitution. The flexible constitution allows a Government to come to this House when they are considering certain types of action, when no secret information needs to be given out, and when there might be a long-term plan for an invasion or whatever there is. It also allows the Government the flexibility to act when times are urgent and business is pressing, and when the information is of the greatest sensitivity. That was why I made the point that it was right and inevitable that the Cabinet should be consulted, as that is where power rests, but it is absurd to suggest that the House of Commons could give its consent. In fact, the only way that the House of Commons can consent is by legislation, and then we would need to go to their other end of the Palace and ask their lordships as well. By the time we had passed a law saying that we could engage in conflict, the whole conflict would be over.

The issue is that the Armed Forces Act 2016 already covers this question, and that Bill was passed unanimously. This House gives confidence in the Government and controls supply. The armed forces cannot go to war not only if the Armed Forces Bill has not been passed, but if supply is not voted to allow the Army, Navy and Air Force to go about their business. That is where we have control every year over the actions of our military. We have it quinquennially and we have it annually, and we have confidence or not in the Government.?

That is our correct and established constitutional situation. There are ways for the Opposition to deal with a Government of whom they do not approve, and that is through a vote of confidence. That they have not chosen to go down that route shows that the opposition is of a pacifist tone. That might be honourable, and it might be noble, but it is different from upsetting our constitution merely to entrench inaction.