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Originally Posted by chezlaw
The government would have to introduce a business motion accordingly and gain a majority on it. I don't think I (or the government) would bet on that.
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Or the simplest solution which is to change the motion sufficiently.
The Speaker has allowed the suggestion that, if the Withdrawal Agreement were made subject to a referendum, that would be a sufficient difference. And it's believed that the EU would allow an extension for that, though the requirement for unanimity among the 27 is fairly intimidating.
But May's bludgeoning tactic is unconstitutional. It's not, as the BBC are claiming, some obscure 17th-century statute, it's Erskine May, p.397. You can't keep re-presenting something the House has already voted on. Recall if you will that the first defeat for the Withdrawal Agreement was the largest in Parliamentary history. The Speaker has been generous in allowing the Prime Minister to have two goes, because of a supposed EU squiggle on the backstop the second time. But more than two goes would be taking the constitutional piss. (This is why you shouldn't hold unconstitutional referendums and pretend we're a direct democracy like Switzerland -- and practically nowhere else -- when in fact we're the original and genuine representative democracy.)
https://www.politics.co.uk/blogs/201...c-brexitinterv
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There is a section on page 397 of the parliamentary rule book Erskine May which states that "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".
And there really is not the time to prorogue and recall Parliament with a fresh State Opening and a fresh Queen's Speech (which would have to pass by a majority in the House) to establish a fresh Parliamentary session before Friday week, so you can forget that.
Last edited by 57 On Red; 03-18-2019 at 02:59 PM.