Rule Book from 1844 Becomes a Must-Read in Brexit Debate
Rule Book from 1844 Becomes a Must-Read in Brexit Debate
LONDON—Paul Evans, a cardigan-clad clerk at Britain’s Parliament, spent most of the past four decades diligently studying arcane rules and conventions in the shadows of Westminster Palace.
These days, in the crucible of the U.K.’s Brexit crisis, the 63-year-old expert in parliamentary procedure has found himself one of the hottest commodities in British politics. “Now the butcher, baker and candlestick maker are suddenly interested in what I do,” he says.
Erskine May
Pundits, lawmakers and investors scrambling for guidance on the U.K.’s increasingly surreal divorce from the European Union are rushing to clerks like Mr. Evans. These donnish constitutional experts have found themselves yanked from dim libraries into political prime time, pestered on weekends by government ministers and having to attend meetings to “war game” Brexit scenarios. Many of these are before lunch, “which is a great inconvenience,” says Mr. Evans.
The clerks have become coveted for their Jedi-like knowledge of parliamentary protocol and a book called Erskine May, an eponymously named tome written by a British parliamentary clerk and published in 1844. (Theresa May, the prime minister, is not a descendant of Mr. May, the clerk.) The 1,097-page book provides the only written record of workings of the House of Commons, which is almost entirely governed by conventions rather than laws.
According to Erskine May and other parliamentary protocols, lawmakers carrying swords must deposit them before entering the debating chamber to prevent them from impaling one another’s garments. They can procure snuff tobacco only from a special box controlled by an official named the Serjeant at Arms. They are barred from using certain language during debates including git, guttersnipe, swine and stool pigeon. In a nod to medieval times, Norman French is still used in some formal exchanges during a bill’s passage.
Paul Evans reading the book known as Erskine May.
Photo:
Georgi Kantchev/The Wall Street Journal
In normal times, the quaint procedural conventions of British Parliament are of little interest, even to lawmakers.
But with Parliament struggling to agree on what type of Brexit the U.K. should pursue, copies of Erskine May are being dusted off. As tensions rise between lawmakers who want to quit the EU and those who want to stay in, some are turning to sometimes obscure and ancient parliamentary rules to gain control of the Brexit process.
Only a handful of parliamentary clerks—and even fewer lawmakers—have actually read Erskine May, but political analysts say it could prove central to unlocking a Brexit-induced legislative logjam that has bitterly divided Parliament, and the country.
“Erskine May is going to count for more than Theresa May, ” Philip Collins, columnist at the Times of London and former speechwriter to Tony Blair, wrote in a recent column.
In 2017, parliament voted to use a parliamentary procedure called a “humble address” to force Mrs. May’s government to reveal documents outlining the potential impact of Brexit on the British economy. The humble address was last used in the 19th century. Lawmakers dug up old editions of Erskine May to justify its use.
Britain's Prime Minister Theresa May (top right) listens as Labour Party leader Jeremy Corbyn speaks in December. At left, a ceremonial mace.
Photo:
jessica taylor/uk parliament.Agence France-Presse/Getty Images
Knowledge of obscure parliamentary protocols has kept clerks in demand. In December, clerks were consulted to deal with an incident where lip readers were called in to decipher whether the leader of the opposition Labour Party, Jeremy Corbyn, called Mrs. May a “stupid woman” during a debate, and thus contravened parliamentary etiquette. Mr. Corbyn insists he said “stupid people.” No action was taken.
Earlier in December, lawmaker Lloyd Russell-Moyle tried to walk out of the debating chamber carrying a 5-foot golden and pearl-studded ceremonial mace in protest of a delayed vote to approve a Brexit deal. (Without the mace, which represents the queen’s authority, the House can’t meet.)
He was escorted out by parliamentary officers called doorkeepers, known for their attire of black long-tailed coats, white bow ties, short pants, tights and buckle-down shoes. “It was a surreal week,” said Mr. Russell-Moyle.
The spectacle of Westminster’s Brexit debates has crossed the Atlantic. A recent skit on “Saturday Night Live” featured a dancing Theresa May and her predecessor David Cameron, portrayed by Matt Damon. “The Late Show with Stephen Colbert” showed James Bond quitting his job after being asked to “fix this Brexit thing.” Mr. Bond then tells his boss that he will instead open a Quiznos franchise.
When Erskine May wrote the book, the British Empire was approaching its zenith under Queen Victoria and the U.K. Parliament was probably the most powerful democratic institution on earth, Mr. Evans said. “So it probably seemed like a good time to try and explain it,” he said. There had recently been a huge overhaul of the U.K.’s electoral system and the Palace of Westminster was destroyed by fire in 1834.
Labour MP Lloyd Russell-Moyle in the House of Commons.
Photo:
Parliamentary Recording Unit/Reuters
The 19th century was a period of significant social and economic change in Britain that saw the expansion of Britain’s industrial power and growing calls to address the plight of the working class, as chronicled by Charles Dickens. It was also a period of frequent political crises, including the refusal of the conservative Sir Robert Peel to form a government in 1839 because Queen Victoria’s ladies of the bedchamber, or female attendants to the queen, were supporting the opposition party, the Whigs.
Despite starting his government service in a relatively humble position, Mr. May “was ambitious—so he wanted to make his name, and the book was a good way to do that (and it worked!),” Mr. Evans added.
The surge of interest in parliamentary protocol has left some clerks overwhelmed. “I could do with a little less interest,” says Sir David Natzler, the House of Commons chief clerk, in his gothic-style office with all 24 editions of Erskine May on a bookshelf and a portrait of the patrician-looking Erskine May on the wall.
To most people, Erskine May is unreadable. The book includes densely written examples of how Parliament dealt with things in the past. For example, on page 666 it explains what to do if the queen signs off on a law by mistake. For decades, Erskine May, officially called “A treatise on the law, privileges, proceedings and usage of Parliament,” has been freely available to lawmakers.
With fewer than 100 days before the U.K. is set to leave the European Union, companies on both sides are preparing for the possibility of a "no-deal" scenario, which could leave goods stuck in ports in the U.K and the EU. Photo: Reuters
At a mere 450 pages, “the first edition is the best read,” says Mr. Natzler. “After that it just gets longer and longer.” He was proofreading the 25th edition over the holidays, “in between meals.”
The public can read it too if they are willing to buy it for around $400. In a quest for transparency, hackers made a copy available online a few years ago. U.K. Google searches for Erskine May have spiked as the Brexit battleground shifted to Parliament, rising more than 10-fold to a historic high in December.
In 2018, a #freeerskinemay protest began on Twitter as Brexit tension boiled. The government said the next edition will be made available free online.
Lawmakers were recently handed a simplified booklet explaining parliamentary procedure, dubbed by one clerk as the “children’s edition.” A blog post on the Parliament’s website titled “Welcome to the Clerk side” celebrated their newfound effort to clarify parliamentary procedure.
Some clerks are enjoying their moment in the sun. “There has been a surprising and delightful revivification” of interest in Erskine May, said Mr. Evans, flicking through a well-thumbed copy marked with dozens of yellow Post-it Notes. “I’m having fun.”
Despite all the excitement, other clerks are looking forward to quieter times. When Mr. Natzler retires later this year after over 40 years of service, he won’t be taking his edition of Erskine May with him. “I’ve got other things that I want to do,” he says.
Sir David Natzler, clerk of the House of Commons.
Photo:
Max Colchester/The Wall Street Journal
Write to Georgi Kantchev at georgi.kantchev@wsj.com and Max Colchester at max.colchester@wsj.com
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