Scrutiny of Secretaries of State in the House of Lords

(Limited Text - Ministerial Extracts only)

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Wednesday 20th March 2024

(1 month, 1 week ago)

Commons Chamber
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Alex Burghart Portrait The Parliamentary Secretary, Cabinet Office (Alex Burghart)
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I congratulate the hon. Member for Glasgow North (Patrick Grady) on bringing forward what is a genuinely interesting and surprisingly well-attended Adjournment debate. I think it is the best-attended Adjournment debate I have taken for some time. Were I in mischievous mood, I would gently refer him to the answers that I gave him on 18 November, 29 February and 12 March and resume my place, but alas mischief eludes me and I will give him as full an answer as I can.

Obviously the Government are considering the very good and serious report into this situation from the Procedure Committee. It is not an anomalous situation—it has arisen before—but it is right that we should consider it in a modern light. In the meantime, while we are waiting for the Government’s full consideration, there are a number of ways in which the Foreign Secretary is being held to account by Parliament as a whole. In the House of Lords, he answered questions on 21 November, 5 December, 15 January, 16 January, 13 February, 12 March and 15 March.

I know that the House of Lords is not a place where the Scottish National party goes to play. As the hon. Gentleman knows, because we have debated this on a number of occasions, I think that is a great shame. I understand that the party’s plans and vision to break up the kingdom failed—with the support of the Scottish people, I am pleased to say. After that juncture, SNP Members would have done well to accept that that was a once-in-a-generation vote and that they were plausibly going to be here for some time if people continued to elect SNP Members to this House. It would therefore have been wise of them to stick a few people in the upper House so that the views of their party and that part of the electorate could be represented in that part of Parliament. They chose not to. Consequently they are now unable to question the Foreign Secretary when he stands to answer questions in the Lords, but that is their prerogative.

Rachael Maskell Portrait Rachael Maskell (York Central) (Lab/Co-op)
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The Minister will know that our constituents’ voices will not be heard in the other place, and that it is us who are elected to bring those voices forward. On 17 October, the Foreign Secretary at the time invited all Members of this House over to the Foreign Office to ask questions. Could the Minister explain why the Foreign Secretary has not made himself available, even in an informal way off the record, so that Members of Parliament from the House of Commons can scrutinise him over his decision making?

Alex Burghart Portrait Alex Burghart
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The hon. Lady will have an opportunity to ask that question of the Foreign Secretary’s colleagues when they next come to the House. I cannot answer the particulars because they pertain to the Foreign Office.

In the meantime, there will be opportunities to ask questions of the Minister of State, Foreign, Commonwealth and Development Office, my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell). Although it is true that he is not the Foreign Secretary, he is in the Cabinet and is bound by collective agreement. He sits in discussions at the highest level on all matters relating to foreign affairs, and he has answered questions in this House on 14 November, 21 November, 27 November, 7 December, 11 December, 12 December, 19 December, 8 January, 10 January, 24 January, 26 January, 29 January, 30 January, 21 February, 27 February, 28 February, 12 March and 19 March. Members of this House have had opportunities to ask questions of him—a man who sits in Cabinet and who knows the Foreign Secretary’s mind. I am sure he will be very grateful to hear the comments of the hon. Member for Glasgow North about his workload, but I can assure the hon. Gentleman that my right hon. Friend is a very capable individual, as the hon. Member for Rochdale (George Galloway) said, and workload is not a problem from which he suffers.

While we await the Government’s response to the report, it is possible for Members to write to the Foreign Secretary. I know that the hon. Member for Glasgow North has written to him once and, having done so, I assume that he asked all the questions he would like to ask. If he has not, he is welcome to write a second letter.

There is a broader point that I raised with my hon. Friend the Member for Amber Valley (Nigel Mills) when I was before the Procedure Committee, which is that there is an historical dimension that works with the grain of what the Committee is saying. This issue first arose, as you will probably know from your history lessons, Madam Deputy Speaker, in 1674, when the Commons chose to summon two peers, the Duke of Buckingham and the Earl of Arlington, to answer questions—the Duke of Buckingham because he was considered to be lascivious, wicked and scandalous in his lifestyle, and the Earl of Arlington because he favoured papists. They were admonished by the Commons and sent on their way.

The response of the Lords was to point out that their House, too, had privileges, and that it is not within the power of the Commons to forcibly summon Members of the House of Lords to the Bar of the House. The Lords passed a Standing Order that said that Members of the House of Lords could not be summoned here.

However, it was still clear that Members of the House of Lords could be invited, and there have been a number of instances in which Members of the House of Lords have been invited to this House and have answered questions. In 1779, the Earl of Balcarres and Earl Cornwallis were brought here to answer questions about the Army’s conduct during the American revolution. In 1805, Lord Melville came to this House at his own request, having been impeached—he asked that the House gave him an audience. Lord Teignmouth was questioned twice about Indian affairs in 1806 and 1813. More famously, the Duke of Wellington came to give an account of the peninsula war in 1814. I raise these points because we are all aware that there have been moments in not-so-recent history when commoners have come to the Bar. The last was in 1957, when Mr Junor was summoned over an issue in the press.

My point is that if the Commons wants to, it is capable of inviting a Member of the Lords to come to answer questions here. To a certain extent, history places the solution at the disposal of the hon. Member for Glasgow North: the Commons could invite the Foreign Secretary now to come to the Bar of the House to answer questions. However, I appreciate the hon. Gentleman is looking for something more routine, and for that I am afraid he will have to wait until the Government respond to the report.

In conclusion, it is right that we have this debate; it is important that there is scrutiny of the Government and of the Cabinet, and that is what this Government seek to provide.

Question put and agreed to.