House of Commons Business
Debate between Angela Eagle and Graham Allen(10 years, 6 months ago)
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Mr Allen
To ensure that my hon. Friend does not have something on the record with which she feels uncomfortable, may I say that I am not proposing that the House takes over the whole of e-petitioning? On the contrary, I am very clear, and I will make this clearer in my remarks, that there has to be a separation, with appropriate petitions to the Government and to Parliament. There are two different functions, and I want to be clear so that she does not misinterpret my amendment.
Ms Eagle
I am looking forward to my hon. Friend’s speech, in which I believe he will go into the detail of the work we all hope the Procedure Committee will be doing as it looks to the future. I hope it will be able to come up with recommendations that the whole House can agree on as to how to make the e-petitions system more robust, transparent and understandable to members of the public. I know that he will have important points to make about that. The Opposition look forward to working with the Procedure Committee as it drafts proposals for implementation at the start of the next Parliament.
We must be careful not to see e-petitions as some kind of silver bullet that will help us to solve the crisis of political engagement in our country. Undoubtedly they have a part to play, but we have to keep things in perspective. This Government came to office making some very grand promises about the “biggest shake-up” of British democracy since the Great Reform Act 1832, but the reality has been somewhat smaller in scope than that vainglorious ambition: we have had a failed attempt to reform the Lords, a massive and clearly partisan increase in the number of unelected peers, and a lobbying Act so bad it should actually have been described as a charter for lobbyists. Ranged against the massive failure of delivery, making welcome but small and slow progress on e-petitions seems a very small improvement, although a welcome one.
That brings me on to the second motion, which concerns the outcome of the Government’s work on parliamentary privilege. The Conservative party began this in opposition by promising a parliamentary privilege Act to make sure that MPs cannot
“claim parliamentary privilege to evade justice”.
That intention was repeated in the Conservative manifesto and in the subsequent coalition agreement. Since then, it has become clear from the outcome of court cases, especially the Chaytor judgment, that MPs cannot use parliamentary privilege to evade justice, and that the current Government were actually tilting at windmills when they were in opposition. Following the Government’s Green Paper on privilege and the work of the Joint Committee on Parliamentary Privilege, which was published in June 2013, it has become clear that there is no need for a parliamentary privilege Act. Today’s motion implicitly accepts that and instead suggests a few minor but sensible clarifications of existing practice.
The motion accepts the Joint Committee’s suggestion in paragraphs 226 and 227 of its report that any legislation which creates individual rights that might impinge on the activities of both Houses should, for the avoidance of doubt, expressly say so. That will reinforce official guidance issued by the Treasury Solicitor in 2002, which has been more honoured in the breach than in the observance. It is certainly desirable that there is consistency across government about the way in which Bills are drafted when they may impinge on this issue, and the Opposition support this clarification. As the hon. Member for Harwich and North Essex (Mr Jenkin) helpfully pointed out, it is in the interests of a healthy parliamentary democracy that MPs can speak on the Floor of the House without fear of being sued for libel by powerful interests which may be seeking to silence them—that is an example of how this principle is applied in practice. In many ways, I feel that the term “privilege” could almost have been invented to be misunderstood as meaning some kind of privilege for individuals—Members of this House—which puts them above the rights of others. We have that capacity to speak in this way only so that we can represent the interests of our constituents and those who voted to send us to this place. That is surely in the interests of robust democracy. The term “privilege” is often very misunderstood by people outside in a very unhelpful way.
Ms Eagle
The hon. Gentleman, who served on the Committee on Standards, makes an extremely good point: the term “privilege” applies not only to Members of Parliament, but, much more appropriately, to proceedings of this Parliament. That is there to protect our democracy from being undermined by powerful forces which may have more finance at their disposal to try to intimidate those who wish to represent their constituents robustly.
Ms Eagle
I suspect that will not do, because of the history of how parliamentary privilege has developed. The Joint Committee did think about looking at a review of previous Acts of Parliament so that we could deal with this point and concluded that it would actually cause more trouble and anomalies than it would solve.
Mr Allen
Indeed many of those debates, and many of the 29 listed by the Leader of the House, did not arise from a petition. They arose because Members of Parliament were very interested in the subject matter, and there is a device of tagging documents to a debate, as we have done today. We have tagged three or four reports to this debate. Is there a single Member in the Chamber who knows what those reports are? They are on the Table.
Mr Allen
There are some very eminent Members, of course, who know absolutely everything, and that is why I always bow to their view. But similarly, in many of those 29 debates, although a petition was tagged to the subject, the petition was never even referred to in the debate. Those were the debates, actually, that Members got going, and petitions were tagged to them. If we get to a position where that is reversed—where, if there is an inference that if you can get to 100,000 signatures, there is an expectation, not that Government should find time, but that the agent of Government, the sub-office, Parliament, will have to look after those things—I can tell Members what happens next. It is that their time, as Back Benchers, starts to get squeezed out.
If there is a petitions committee, let us imagine being the Chair of that petitions committee. Will they just pass the petitions through? Or will they ask, “Would my hon. Friend on the Backbench Business Committee give us a little bit of time? This is so important; I have had more than 100,000 signatures and my petitions committee thinks it is really important”? Is it likely that members of the petitions committee will go to the Government? Will they pop up at business questions and will the Leader of the House say, “Absolutely; very important. I will find you a couple of hours next week”? No, they will not. They will go to our Backbench Business Committee.
I remind new Members that the Backbench Business Committee did not pop out of thin air. It was fought through against the wishes of the Labour party, fought through, it seems now, against some of the wishes of the governing parties. The Committee is a very precious thing and its time is very precious. It is not to be bandied about and traded to a petitions committee in order, really, to salve the conscience of the Government, who, if they are interested in specific issues, should be using the vast majority of the House’s time, which they own and control, to hold debates on them. We do not need to be manipulated into using valuable Backbench Business Committee time for Government debates.
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Debate between Angela Eagle and Graham Allen(11 years, 2 months ago)
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Mr Allen
We can all swap stories about who did or did not do pre-legislative scrutiny, but let us have a principled view that it is wrong not pre-legislatively to scrutinise a Bill. The way to do that is to put it in our Standing Orders that normally—apart from emergencies, when the Speaker writes a warrant stating that, because we need to get something through fairly quickly, part of the process can be dispensed with—it will be standard practice to have pre-legislative scrutiny. Had we done so on this occasion, we would probably be in danger of arriving at a consensus on the Bill.