Constitutional crisis? Nonsense. Parliament is doing its job

Tuesday 4 December 2018 will go down in history for many reasons. Americans queued up to walk past their 41st President as he lay in state in the US Capitol. In the face of rioting in Paris President Macron of France caved in and reversed a decision to increase petrol prices – a move any British Chancellor of the Exchequer would think was routine Budget business. What Presidents Trump and Xi agreed at their recent summit was disputed and caused stock-market uncertainty. Australia released bilbies into the wild. In India Priyanka Chopra married wearing a 75 foot wedding veil. And here in  Britain Parliament began discussing the Prime Minister’s Brexit deal – the Withdrawal Agreement.

Before the debate began, and in quick succession, the government lost three votes – two over its refusal to publish legal advice it had received and one on a motion outlining what MPs could do in the event they do not vote to support the Agreement next Tuesday.

Not until these humiliations had been meted out was the Prime Minister able to reach the despatch box and begin the five day debate. With grace and some style Mrs May spoke, took questions, debated the points raised, and made her case with some passion. It was an impressive performance, but the headlines, like great waves rolling in against a crumbling coastline, crash around her today. The headlines screamed crisis; constitutional experts were sent for; journalist and Royal expert Robert Hardman was interviewed on his guesses about what the Queen was thinking. Liam Fox suggested MPs could “hijack” Brexit. Once again Mrs May’s political obituary was written, but actually where are we and is the situation as dire as it looks?

It is certainly a political crisis – for both the Conservative and Labour parties. Both main political parties are riven from stem to stern on the issue of Europe, and have been for decades. Is it though a constitutional crisis? Parliament is above all else the country’s sovereign body – by which we mean it is the place where all laws and policies have to be enacted. There are residual Royal Prerogative powers but to use them, even if applicable, to do something Parliament does not approve of would be very risky for a government. As Ministers discovered yesterday when they lost the vote over the publication of the legal advice on the Withdrawal Agreement Parliament will – and indeed must – have its way.

It must have its way because Members of Parliament are the people we send to the House of Commons to conduct our business. We send them not as delegates, but as representatives. Not to do as they are told, but to exercise their judgment. This is what, to the government’s considerable discomfort, the House of Commons did yesterday. It exercised its judgment.

The referendum David Cameron called, and lost, on the issue of Britain’s membership of the European Union was advisory, not binding. Remainers, Leavers, anyone else can shout, scream, jump up and down, throw their toys out of the pram, and do whatever else they like but the fact is simple and indisputable. What Parliament says goes – it is quite literally the law. If Parliament decides to delay, ditch, dilute or enact Brexit it will do so.

Whether the decisions Parliament takes are wise, sensible, and prudent is a different matter, but what happened yesterday is something we should celebrate. Not because one decision was taken and another decision was rebuffed, but because our MPs were doing the job we sent them there to do – to discuss, to debate and vote.

This is not a democratic or constitutional crisis, it is the manifestation of our political process and it is a glorious thing. One way or another Parliament will decide how the nation will proceed. It might choose to support Mrs May. It might not. But this is how democracy works and we can be proud of our ancient Parliamentary democracy as it deliberates our nation’s future.