Quick thread on recall, coronavirus, Brexit, and why it’s all a bit more complicated than usual.

So: recall happens at the request of the government. Parliament cannot recall itself. Explainer here: https://www.instituteforgovernment.org.uk/explainers/recall-parliament

Parliament rose for a Christmas recess late on Thursday (17th).

But we know that govt may seek to recall Parliament at some point over the festive season if a Brexit deal is reached and they need to rush it through. (Which obviously raises a lot of questions about scrutiny)

What makes this a bit more complicated is that Parliament isn’t working quite like usual, because of coronavirus.

In the Lords, everything is happening virtually, including voting, so that’s relatively straightforward.

But in the Commons? Well. It’s complicated.

In the Commons, there is some provision for hybrid proceedings- with some MPs in the chamber (in limited numbers) and others, with health issues etc, participating virtually in *some* forms of business, eg questions to ministers.

BUT MPs cannot virtually participate in debates over legislation. To take part in debates over legislation, they need to be physically present in the chamber. Which excludes MPs unable to travel to Westminster for health reasons from the debate.

They can, though, vote.

Voting isn’t being done virtually in the Commons- it’s being done by proxy under a temporary system that’s been expanded a few times. Explainer here https://www.instituteforgovernment.org.uk/explainers/votes-house-commons

Currently, 498 MPs are registered to vote using a proxy.

So if Parliament was recalled by the govt to vote on a Brexit deal, then all peers would be able to participate in debate and vote virtually.

In the Commons, all MPs could vote (in person or using proxy) but could only participate in the debate on the deal if they were present.

But now the government’s announcement re Tier 4 adds two further issues: first, demands for recall to discuss it; and second, questions about how any recall can safely be done given the new restrictions and deteriorating health situation in London.

Assumption is that govt would use made affirmative procedure for new rules- where they would come into force but must then be approved by Parliament within a set period.

But that’s just procedure- the politics of this is different. Lots of MPs clamouring for recall to discuss.

But if there is a recall- either to discuss coronavirus, or for a Brexit deal- the question is how that will happen in a way that is safe, inclusive of all MPs, and allows good scrutiny.

If govt had continued with more expansive virtual proceedings, wouldn’t have this problem.

What can we take from this? I think:
1. Need to consider whether Parliament should have the right to recall itself and not rely on govt to do so

2. Parliament should have greater ability to determine its own procedures and business (rather than being reliant on govt motions)