Well, my first comment is that as a member of Parliament, I'm sure you appreciate better than I do that what is before Parliament is extremely complex, and the way it is going to unfold over time is hard to predict. It is very hard to write rules now that are going to be appropriate in every circumstance for the next 50 to 100 years. I think this committee confronts that when it is musing about how to ring-fence the prorogation powers. I was just discussing with your colleague that there are occasions when it is entirely appropriate for government to use the prorogation power, and when doing so helps the opposition.
I'm not sitting here today urging you to abolish the prorogation right. As you know, it's a complex constitutional artifact that has resided in the reserve powers of the crown. I think it is best to deal with what the House does not want, and what you clearly, I submit, should not want based on your experience.
One thing for sure I think we can say is that, let's face it, it's relatively rare for opposition parties to put formal motions of confidence before the House. If we look over recent parliamentary history, it's the government that tends to trigger confidence votes more than the opposition, for obvious political reasons.
But when a formal confidence vote is before the House--and I suggest you define what such a motion would be--then I think you want to say that the House cannot be prorogued under any circumstances. You're doing that in vocal exercise of your legitimacy as the elected representatives of the people. It is, of course, a form of a request to Her Majesty the Queen through the Governor General. It has perhaps no constitutional validity, but for the reasons I outlined, I submit it would probably be a powerful convention.
As to broader issues and whether you should ring-fence it, I didn't get into those today. I know you've been discussing them and you have some proposals before you. I suggest you be careful, especially with complex rules, because it's hard to predict what will happen in the future.