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Jo Swinson pairing row: Tory whip under pressure to quit over breach Jo Swinson pairing row: Conservatives admit chief whip asked MPs to break arrangements
(about 1 hour later)
The chief whip, Julian Smith, is under mounting pressure to quit amid a bitter parliamentary row over a pairing arrangement for a Liberal Democrat MP on maternity leave. The Conservatives have been forced to admit that their chief whip asked MPs to breach Commons voting conventions in knife-edge Brexit votes on Tuesday, as opposition parties demanded he quit and queried the accuracy of the prime minister’s account of events.
Tory sources said Smith had told a number of MPs to break off their pairs over a tight vote on the trade bill on Tuesday, but had intended to respect long-term pairs assigned to MPs on parental leave. Party sources conceded on Thursday night that Julian Smith had asked several of his own party’s MPs to break pairing arrangements but some had refused to do so, and the only one who did obey the instruction was paired to a Liberal Democrat MP who was on maternity leave.
Brandon Lewis, the Tory chair, was reportedly told in error to vote when he was paired with the Lib Dems’ deputy leader, Jo Swinson, who has recently given birth. Other MPs apparently declined to break their pairing arrangement. They admitted that Smith had wanted some MPs to break “short term” pairing arrangements, where a Tory is asked to skip a vote because an opposition member is unable to attend for good reason, but had made an error in asking party chairman Brandon Lewis to vote because he was paired with Jo Swinson who only recently gave birth.
“Julian told me I was needed and told me to come in and vote. Of course he knew I was paired,” one MP told the Sun. “I didn’t vote, and honoured my pair, and he demanded to know why not afterwards. It then appears Julian told the prime minister it was all an innocent mistake.” Pairing is a longstanding convention of the Commons, where the whips of the government and an opposition party agree to allow MPs from one side to miss a vote because of personal reasons or official business. The other party agrees to hold back one of their MPs from voting so the two absences cancel each other out.
MPs must be physically in the voting lobbies in order to cast their vote and parliament has no other system to pass important legislation.So when an MP is ill, away on urgent business or on maternity leave, whips rely on an arcane convention called ‘pairing’, where a rival party member will agree to abstain in order to cancel out an absent MP, so the result is not affected.MPs must be physically in the voting lobbies in order to cast their vote and parliament has no other system to pass important legislation.So when an MP is ill, away on urgent business or on maternity leave, whips rely on an arcane convention called ‘pairing’, where a rival party member will agree to abstain in order to cancel out an absent MP, so the result is not affected.
Pairing can be short-term – even a couple of hours while a minister gives a speech – or it can be long-term, if an MP is seriously ill or has recently given birth. It’s an informal arrangement not officially recognised by the Commons, and mainly benefits the government of the day, which may have ministers away on urgent business. Pairing can be suspended if there are bills of huge national importance, which is why MPs can sometimes be seen being wheeled through in wheelchairs or bringing newborn babies through the lobbies, but party whips would expect to be informed in advance.Pairing can be short-term – even a couple of hours while a minister gives a speech – or it can be long-term, if an MP is seriously ill or has recently given birth. It’s an informal arrangement not officially recognised by the Commons, and mainly benefits the government of the day, which may have ministers away on urgent business. Pairing can be suspended if there are bills of huge national importance, which is why MPs can sometimes be seen being wheeled through in wheelchairs or bringing newborn babies through the lobbies, but party whips would expect to be informed in advance.
Some parties don’t agree with the system - like the SNP - and don’t take part. And sometimes arrangements break down, most famously in the minority government of the 1970s when the Tories accused Labour of deliberately misleading them on pairing. Michael Heseltine became so irate he swung the House of Commons mace in the chamber, causing the suspension of the session. Some parties don’t agree with the system - like the SNP - and don’t take part. And sometimes arrangements break down, most famously in the minority government of the 1970s when the Tories accused Labour of deliberately misleading them on pairing. Michael Heseltine became so irate he swung the House of Commons mace in the chamber, causing the suspension of the session. 
The Labour chair, Ian Lavery, said both Smith and Lewis should resign. “The Tories’ story is changing by the minute as they desperately scramble to cover up their appalling actions. This government is rotten to the core. Smith was under intense pressure to see off a Tory rebel amendment on Tuesday’s trade bill, which called for the UK to remain in a customs union with the EU if a free trade deal could not be negotiated quickly. The Conservatives narrowly won by six votes.
“Julian Smith and Brandon Lewis must now resign or be sacked, and Theresa May must apologise for misleading the house,” he said. “We can’t say that no instructions were given about breaking short term pairing arrangements, we can’t say that we didn’t think about it. This does happen: so far in this parliament 66 pairs have been broken, 52 by opposition parties,” a Conservative source said.
Opposition parties had called for Smith to explain himself to MPs in person. Labour called for Smith and Lewis to resign, and accused Theresa May of giving the Commons a misleading account of events when she had said at prime minister’s questions on Wednesday that Lewis’s vote “was done in error”.
Alistair Carmichael, the Lib Dem chief whip, called for Smith to take the unusual step of making a statement to the Commons to explain why Lewis ended up voting in two key amendments. Ian Lavery, Labour’s chairman, said: “Julian Smith and Brandon Lewis must now resign or be sacked, and Theresa May must apologise for misleading the house.” Jon Trickett, the shadow cabinet office minister, wrote to the cabinet secretary, Sir Mark Sedwill, to complain May had breached the ministerial code.
He said that what happened had done “serious damage” to the functioning of the house and that a statement from Smith was necessary to restore trust in the pairing arrangements, which allow MPs who are unavailable for good reason to be paired with an opposing member so their absence is not penalised. No 10 said it stood by both May’s statement and Smith, but admitted that a mistake that had been made was to ask Lewis to vote when he was on a “long term” pair with Swinson. The prime minister had said: “We take pairing very seriously and we recognise its value to parliament. We will continue to guarantee a pair for MPs who are currently pregnant or who have a newborn baby.”
Soon after Carmichael’s intervention the Tory MP Andrew Bridgen seemed to cast doubt on claims that the incident was an honest mistake. Bridgen told the BBC’s Daily Politics: “I think the fact that Brandon Lewis abstained on six votes and then just mysteriously voted on the vital two I think it tells you all you need to know.” Alistair Carmichael, the Lib Dem chief whip, said: “The distinction the government are making between long-term pairing and short pairing is false.” He called on Smith to take the unusual step of coming to parliament to explain himself to MPs.
Pairing is a longstanding convention of the Commons, where the whips of the government and an opposition party agree to allow MPs from one side or the other to miss a vote in the house because of personal reasons or official business. The other party agrees to hold back one of their MPs from voting so the two absences cancel each other out and cannot affect the final result. It is not the first time that Smith has been at the centre of a row about whipping arrangements as the government tries to get through its Brexit legislation at a time when it has a wafer thin parliamentary majority.
Lewis voted twice in the trade bill debate. One was on a vote on staying in the customs union if the UK fails to agree a trade deal with the EU, which was narrowly defeated by the government by 307 to 301. Lewis also voted on the amendment relating to EU medicines regulation, which the government lost by four, 305 to 301. In June the sick Labour MP Naz Shah had to be pushed through the division lobby in a wheelchair after the Tory whips refused a request to allow her vote to be counted without her having to pass through the lobby.
Responding for the government, Andrea Leadsom, the leader of the Commons, apologised for what happened to Swinson, saying it was an error, and that she had texted her own apologies to Swinson. “I will continue to ensure that her maternity pair is in place,” Leadsom added. Heidi Allen, a Tory remainer, complained that Smith’s actions this week had undermined trust in parliament. She said that Smith “has been unable to confirm to me that he did not give instructions to break pairs. Therefore I can only conclude MPs were told to break pairs on Tuesday”. She added: “I refuse to be tarnished by this behaviour so will not stand by and say nothing. Integrity and honesty are fundamental to our democracy. Anything less is unacceptable.”
Lewis voted only twice in the trade bill debate, both on knife-edge votes. One was on a vote on staying in the customs union if the UK fails to agree a trade deal with the EU, which was narrowly defeated by the government by 307 to 301. Lewis also voted on the amendment relating to EU medicines regulation, which the government lost by four, 305 to 301.
Suspicions about Lewis’s voting came to a head on Thursday. Tory MP Andrew Bridgen seemed to cast doubt on claims the incident was an honest mistake. He told the BBC’s Daily Politics: “I think the fact that Brandon Lewis abstained on six votes and then just mysteriously voted on the vital two – I think it tells you all you need to know.”
Earlier the issue was debated in parliament. Andrea Leadsom, the leader of the Commons, apologised for what happened to Swinson, saying it was an error, and that she had texted her own apologies to the MP. “I will continue to ensure that her maternity pair is in place,” Leadsom added.
Labour’s Wes Streeting said there had been further reports that two other Tory MPs had been told by Smith they should vote on Tuesday despite being told they were paired. What happened “was not a result of accident, it was a result of design”, Streeting said, and accused Leadsom of being “set up, to mislead, however inadvertently”.Labour’s Wes Streeting said there had been further reports that two other Tory MPs had been told by Smith they should vote on Tuesday despite being told they were paired. What happened “was not a result of accident, it was a result of design”, Streeting said, and accused Leadsom of being “set up, to mislead, however inadvertently”.
That prompted an angry response from Leadsom, who said she was one of the Conservative pairs. She said it was “absolutely abhorrent to be calling out me in particular” and, referring to the Swinson breach, added: “I assured the house yesterday that it was an error.”That prompted an angry response from Leadsom, who said she was one of the Conservative pairs. She said it was “absolutely abhorrent to be calling out me in particular” and, referring to the Swinson breach, added: “I assured the house yesterday that it was an error.”
Speaking in defence of Smith, Leadsom said: “I did not receive any call from anyone telling me to vote.” A statement released by the Conservative party said: “We have apologised for the fact that a pregnancy pairing arrangement was broken in error this week. No other pairs offered on the trade bill on Tuesday were broken.” No 10 referred questions about the developing row to the Conservative party but said May had confidence in Smith.
Smith was not present in the chamber during the debate on whipping.
A statement released by the Conservative party said: “We have apologised for the fact that a pregnancy pairing arrangement was broken in error this week. No other pairs offered on the trade bill on Tuesday were broken.”
No 10 referred questions about the developing row to the Conservative party but said May had confidence in Smith.
House of CommonsHouse of Commons
Maternity & paternity rightsMaternity & paternity rights
Employment lawEmployment law
Work & careersWork & careers
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Andrea LeadsomAndrea Leadsom
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