English Votes for English Laws

Lord Beamish Excerpts
Wednesday 15th July 2015

(9 years, 4 months ago)

Commons Chamber
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Mark Tami Portrait Mark Tami
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There is no model that will fit every situation. The Mayor of London and the London Assembly, for instance, may not be able to legislate, but they have far-reaching powers in respect of transport and policing. I note that the Government are not intent on restricting the right of London MPs to vote on issues that affect other parts of England. The Government are considering devolving powers to city regions At some time in the future, will we say that MPs in those regions are prevented from taking a view on other parts of England? I do not think that the Government are saying that now, but where does it start and where does it end?

A number of Members have asked what constitutes an English-only issue. No one really knows. It will be up to you to decide, Mr Speaker, and good luck to you, Sir, There is clearly a flaw in the proposals, in that there does not appear to be a system allowing us to make representations on whether Wales or Scotland, for instance, should be included in the process.

Lord Beamish Portrait Mr Kevan Jones
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(North Durham) (Lab): Does my hon. Friend think it likely that the Government will announce that a Bill is English-only before the Speaker has even had a chance to look at it? Might there be some conflict, or confusion, in the eyes of the public?

Mark Tami Portrait Mark Tami
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I do, and the Leader of the House said earlier today that he has already looked at this, and there are already Bills coming forward that he seems to have decided will be English-only Bills. I thought this was a matter for the Speaker to decide, but clearly the Leader of the House has decided what those Bills will be.

I fear that, rather than solve the problem of English votes, we will merely fan the flames of nationalism. The Government need to make their mind up: do we want to keep the United Kingdom together with a united and equal Parliament, or not? We are at that crossroads.

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Sammy Wilson Portrait Sammy Wilson (East Antrim) (DUP)
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As a Unionist, I find this a sad and alarming debate. I come from a part of the United Kingdom where Unionism is not just a constitutional choice. Indeed, for many people, over the past number of decades, it was a matter of life and death. Many of them laid down their lives to be Unionist. Although it is not the Government’s intention, the way in which this debate, discussion and decision has been conducted is fanning the flames of nationalism. We have heard it here today. Second-class MPs, fourth-class MPs are to be excluded. It is all hyperbole. The truth is that when something is rushed through without consultation and when shortcuts are made, it adds grist to the argument that people from other parts of the United Kingdom are being excluded.

I know that we have a problem, but it is not an immediate one. If one looks at the evidence, one can see that in the previous Parliament 14 Bills were either English or English and Welsh only. Not one of them can the Government say was changed so dramatically by outside interference from non-English MPs. Not one of them caused huge problems or warranted this action.

Lord Beamish Portrait Mr Kevan Jones
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I agree that these things need to be carefully considered in detail. Like me, is the hon. Gentleman concerned and surprised that the Government have completely dismissed the findings of the McKay commission?

Sammy Wilson Portrait Sammy Wilson
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I am, which is why I think the Government should take more time over this. Historically, there is not a problem. Indeed, the Leader of the House told us today that there is not even a problem for the immediate future. The only Bill that he believes will be an English-only Bill is the buses Bill. Does he really believe that the constitutional and parliamentary Picts and Celts from north of the border led by Robertson the Bruce will somehow draw out their claymores and dirks and shred his legislation? Does he really believe that that is the threat he faces? There is no immediate threat, so why do we need this ill-thought out, ill-conceived and rushed piece of legislation—it is not even legislation—which will enable Members to conjure up grievances?

I cannot attribute a motive for this fancy footwork, and for these shortcuts. I cannot understand why the Government have rushed this through. The hon. Member for South Leicestershire (Alberto Costa) talked about how concerned his constituents were, when he talked to them on their doorsteps, about English-only legislation and the way in which it might be interfered with. As there is no immediate threat, why can we not have proper discussion, proper consultation and a plan for the future that finds some consensus?

English Votes on English Laws

Lord Beamish Excerpts
Tuesday 7th July 2015

(9 years, 4 months ago)

Commons Chamber
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Charles Walker Portrait Mr Walker
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Our Committee is very open minded and broad minded. We are a new Committee—I believe we are beginning to gather our members together—but of course all colleagues are welcome to make representations, and if they do, they will get a fair hearing.

Lord Beamish Portrait Mr Kevan Jones (North Durham) (Lab)
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The hon. Gentleman just said he wanted to keep out of the politics and talk only about the procedure. I noted earlier the Prime Minister’s Parliamentary Private Secretary bending his shell-like. Was he talking to him about politics or procedure?

Charles Walker Portrait Mr Walker
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I can assure the hon. Gentleman, whom I know very well, that we were not talking about this proposal. I shall tell him what it was about outside the Chamber.

I want to make some progress because plenty of other people want to speak and I do not want to crowd them out. The Government will need to be careful in the language they use when introducing a Bill. It is right that an explanatory memorandum asserts the Government’s view about the scope of the Bill, but that assertion should not be made overtly or aggressively. We do not want a Bill introduced with the Government saying, “This is absolutely unquestionably relating to England only, and anyone who disagrees is a total and utter idiot”—that would be the subtext. They need to be careful in their language so as not to be seen to be putting undue pressure on the Chair—I dare suggest—to come up with a certification one way or another.

Devolution (Implications for England)

Lord Beamish Excerpts
Tuesday 16th December 2014

(9 years, 11 months ago)

Commons Chamber
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Lord Hague of Richmond Portrait Mr Hague
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It is not fair. We have debated previously in this Parliament equalising the size of constituencies, and indeed reducing the size of the House, and I believe that both proposals remain important priorities for the future. The first is very important for fairness for people casting their votes in future elections.

Lord Beamish Portrait Mr Kevan Jones (North Durham) (Lab)
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How many Bills in this Parliament would have been affected if we had had English votes for English laws?

Lord Hague of Richmond Portrait Mr Hague
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A great many, because these options could be applied to parts and clauses of Bills as well as to Bills as a whole. They could therefore have affected a large proportion of the Bills that have been before the House in this Parliament.

Finances of the House of Commons

Lord Beamish Excerpts
Thursday 21st November 2013

(11 years ago)

Commons Chamber
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Lord Beamish Portrait Mr Kevan Jones (North Durham) (Lab)
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I understand the point that my hon. Friend is making. However, it does not relate only to this place. I want to thank the parliamentary outreach department. I know that you visit different parts of the country, Mr Speaker. A few months ago, my hon. Friend the Member for Easington (Grahame M. Morris), the hon. Member for Redcar (Ian Swales) and I took part in an event in which we talked to health service charities in the north-east about how they can get engaged in Parliament. Sometimes we place the emphasis on this place, whereas what we need to do is to take Parliament out to the regions. Those events are well attended and very beneficial to people.

Andrew Miller Portrait Andrew Miller
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I could not agree with my hon. Friend more. Indeed, I did a gig for the outreach unit in his constituency, which was linked to the activities of the British Science Association. It was a hugely successful event. The young man who services the outreach unit in Durham is a first-rate example of what my hon. Friend is talking about.

I want to talk a little about what we are doing with electronic devices.

Andrew Miller Portrait Andrew Miller
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That is exactly the point that I want to make. Many of the events to which I am referring are sponsored by me, but financed by learned societies, which by definition are not-for-profit organisations. They get trapped in the same way. That is why I invite the right hon. Member for Saffron Walden and his Committee to take a fresh look at the interpretation of the proposals.

As you know, Mr Speaker, my Select Committee was one of the first to take up the challenge of using electronic communications. Somebody said that if the Science and Technology Committee were not prepared to do it, either we had the wrong people on the Committee or we were asking the wrong question. It has been an interesting experiment. It has the potential to generate savings. The innovation was prompted by the need to make savings, but there are other drivers of it. It will allow multi-media, audio-visual and social media mechanisms to develop within the Committee structure and within the House more generally. Those elements need to be factored in, although some of them would be easier to achieve during a major refurbishment of the House.

I was on the old Information Committee in the days when we took the decision to move away from 405-line televisions and to use 625-line televisions with the cabling that we use now. That was the wrong decision and it was done on the cheap. We went for copper instead of the blown fibre that we should have used, because the costs were enormous and the House rejected that option.

My hon. Friend the Member for Dunfermline and West Fife (Thomas Docherty) is right that a radical decision must be taken, whether we like it or not. When we get to that point, we need to have a comprehensive, strategic plan for how the communications systems will be developed. The opportunities would be endless if one had open access to this building to put in modern systems.

The experiment with iPads has thrown up some interesting new ways of working, but it has also thrown up challenges. With the of greatest respect to the hon. Member for Caithness, Sutherland and Easter Ross (John Thurso), who made a brilliant presentation, he had under his arm a 2 inch-thick file of papers, because such detailed accountancy work cannot be done on an iPad. The software systems that are available are not up to the multitasking approach that one must adopt when dealing with complex projects. With the current technology, it is difficult to make the drafting of a Select Committee report a genuinely paperless process, which would be the ultimate conclusion of this approach, but developments in technology will assist in that. There will therefore be ongoing costs associated with the experiment. I hope that the Finance and Services Committee will ensure that those costs are supported properly.

I understand that the Committee Office is committed to saving more than £1 million through the digital-first programme, but that will not happen without investment, because it is an invest-to-save programme. We must consider the cost of iPads and the fact that they have a finite life. Given the way in which Members have to move around within this building and between here and their constituencies, I guess that the typical life of an iPad will be no more than a couple of years. Ongoing costs will therefore be associated with the project.

Lord Beamish Portrait Mr Kevan Jones
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Does my hon. Friend agree that we should consider using other platforms because iPads are quite expensive? In the past few years, equally good and cheaper products have been developed that run on different operating systems. That could be a way of getting the costs down.

Andrew Miller Portrait Andrew Miller
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My hon. Friend is clearly looking over my shoulder at my notes, because I was going to say that one of the considerations is to undertake a parallel project using tools such as the Microsoft Surface. Historically, the House has used Microsoft tools for its base documentation, so the software support for other technology may prove to be more efficient and effective if the Microsoft operating system is used, instead of crossing over between it and the Apple operating system. The Finance and Services Committee needs to make investment decisions if it is to continue with this project.

I intervened a number of times on the hon. Member for Caithness, Sutherland and Easter Ross, and I make a number of pleas to him and the House. He rightly set out a solid case for why we should be an exemplary employer—if we cannot do that, how can we expect the rest of the country to follow suit? In his final remarks he mentioned the potential court case. I do not accept that an exemplary employer will, at some stage, inevitably end up in court, and I urge the House to use all resources available to you, Mr Speaker, the Committees and the Commission, to work to resolve that problem and avoid the courts.

Court costs are astronomical. Lawyers get rich in these things—[Interruption.] There are a few lawyers in the House saying, “Hear, hear”, which is worrying. Vested interests always come forward. It seems to me, however, that it is incumbent on all Members of the House to try to resolve the problem without recourse to the courts, both because I do not want to make the lawyers any richer, and because that is our duty as a good—exemplary—employer. I present the challenge not only to the hon. Member for Caithness, Sutherland and Easter Ross, but to you, Mr Speaker, to try and resolve that.

I am 110% in support of the Visitor Centre, and my hon. Friend the Member for Sheffield South East (Mr Betts) set out a logical case for the use of the location. One more entrance that could have been considered are the gates from Derby Gate to the gap between Portcullis House and the Parliament street building. That may not be suitable for other reasons, and although it is not true to say that the proposed route is the only way, I recognise it is one that would work.

It is hugely important that early indications from the restoration and renewal project are factored into questions of timing so that we do not end up spending money on a project that will then be mothballed for years. It is not a question of whether people support the project—all Members will support facilities that help us bring in the next generation of people and improve their understanding of what we do—but it must be considered carefully before any major commitments are made. An early interim report from whoever the Finance and Services Committee appoints, could easily result in someone saying, “Hang on a minute”, which would put everything on hold because we would have to get out of here sooner rather than later.

I spent time on the Terrace during the September sitting, and I was astonished at the rodent infestation that I saw.

Business of the House

Lord Beamish Excerpts
Thursday 7th November 2013

(11 years ago)

Commons Chamber
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Lord Lansley Portrait Mr Lansley
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My hon. Friend is right to refer to the great distress and shock that people have felt as a result of those events. Many people have called for the provisions in the Bill relating to harm caused by dangerous dogs on private premises for a long time. They have been debated in this House, but the Bill continues to be considered, so I know that Members of both Houses will consider the points he makes and the application of the Bill in any individual circumstances.

Lord Beamish Portrait Mr Kevan Jones (North Durham) (Lab)
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Serious accusations were made in this morning’s edition of The Times that the Secretary of State for Work and Pensions tried not only to nobble a Select Committee, but to smear a civil servant. The Leader of the House has just told the House that he has spoken to the Secretary of State, so will he tell us what the Secretary of State said in response to the accusations? Would not the best way of clearing things up be for the Secretary of State to come to the House and make a statement?

Lord Lansley Portrait Mr Lansley
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I have told the House that there is no truth in those allegations, and I am grateful to my hon. Friend the Member for Peterborough (Mr Jackson), a member of the Public Accounts Committee, who entirely endorsed the point that I made.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Lord Beamish Excerpts
Tuesday 10th September 2013

(11 years, 2 months ago)

Commons Chamber
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Angela Smith Portrait Angela Smith
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Thank you for your guidance, Sir Edward. All I would say is that many third sector organisations listening to this debate will have been very interested to hear the comments of the hon. Member for Dover.

Some—not all—Members on the Government Benches are clearly intent on curtailing the third sector’s crucial work of shining a light on inequality where it exists, and of campaigning and highlighting the need for changes in public policy, based on their experience and expertise.

Lord Beamish Portrait Mr Kevan Jones (North Durham) (Lab)
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One organisation that has made a great contribution, under the previous Government as well as this one, is the Royal British Legion. It has campaigned for the rights of veterans, and I was on the receiving end of some of that campaigning when I was a Minister in the previous Government. Its effective lobbying has changed the law under both Governments. Is it not ironic that Conservative Members who have signed up to its campaigns are now saying that such campaigning should no longer take place?

Angela Smith Portrait Angela Smith
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I agree entirely with my hon. Friend. Indeed, it would be interesting to trawl the websites of many Members to see the lists of charities that they support on a regular basis. I imagine that every Member of the House supports the Royal British Legion and its campaigning work, and would want that work to continue.

As I said earlier, clause 27 plays its own role in gagging the third sector by reducing the threshold for registration and reducing spending limits on controlled expenditure. Under amendment 66, tabled in my name and that of my hon. Friend the Member for Caerphilly (Wayne David), the threshold for registration would be returned to the status quo, thereby protecting smaller charities and community groups from being caught by this legislation, making it virtually impossible for them to participate in the democratic process.

Sittings of the House (22 March)

Lord Beamish Excerpts
Wednesday 6th March 2013

(11 years, 8 months ago)

Commons Chamber
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Sarah Newton Portrait Sarah Newton (Truro and Falmouth) (Con)
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Would the hon. Lady remind me what democratic mandate Tony Blair had to take this country to war in Iraq?

Sarah Newton Portrait Sarah Newton
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That was the very same Prime Minister who did not even allow a debate in the House on a votable motion. It is preposterous for the hon. Lady to deny that from the Dispatch Box and say that our Prime Minister does not put himself before the House on a regular basis for it to scrutinise what this Government are doing.

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Angela Eagle Portrait Ms Eagle
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There was far more of a mandate. Indeed, the Conservative party, which was then in opposition, supported that.

Lord Beamish Portrait Mr Jones
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Is it not also a fact that the motion was carried on the votes of Conservative Members, which they may conveniently have forgotten?

Angela Eagle Portrait Ms Eagle
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Yes, that is absolutely true. Perhaps in future the hon. Lady should check the record before she makes points as defective as that.

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Lord Spellar Portrait Mr Spellar
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Not just of recent vintage, I said. I know the hon. Gentleman is a new Member who thinks that history started with Tony Blair’s election. I know this belief is common within the Conservative party, but actually we did have Prime Ministers—both Labour and Conservative alike—before that. I was actually thinking of Harold Macmillan, but the hon. Gentleman was probably in short trousers when he was Prime Minister.

Lord Beamish Portrait Mr Kevan Jones
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I am interested in the line that my right hon. Friend is taking, but actually we are talking here not about the procedures of the House, but about the incompetence of the Government in handling the timetable. They have tabled this motion tonight because they did not realise that they needed the extra Friday to fit in the four days of debate on the Budget.

Lord Spellar Portrait Mr Spellar
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My hon. Friend rightly draws me back to the immediate topic, tempting, interesting and attractive though it is to discuss the broader issues of parliamentary sovereignty and procedure. He is right that most of the factors, including the date of the Budget, were well known when the motion was laid. The number of days that we traditionally take for the Budget debate was known, as too was the date of Easter. In fact, the date of Easter could have been known several decades, if not centuries, ago. The procedure for calculating Easter was decided at the Council of Nicaea in 325. At that time, they could probably have calculated when this Easter would be.

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Lord Spellar Portrait Mr Spellar
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Several areas did. Of course, we would be straying into history if we noted that the last time we changed the calendar and the method of calculation, it did not work out too well and London got substantially burnt down. “Give us back our 11 days”, was the cry of the London workers.

Lord Beamish Portrait Mr Kevan Jones
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My right hon. Friend is showing a detailed knowledge about how Easter is calculated. Was he actually at one of these meetings when it was decided?

Lord Spellar Portrait Mr Spellar
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I said 325, not 7.24.

It is absolutely right that we need a full debate on the Budget. I therefore question why the Budget needs to be on a Wednesday—I hope the Leader of the House will intervene—if we wish to fit in those four days and, quite rightly, have the Back-Bench pre-recess debate. Why not have the Budget on a Tuesday and the debate on the following days? That would work perfectly well, although I do think—mention has been made of staff who work here, and so on—that having recesses in the middle of the week rather than in full blocks can affect many people, particularly those who are trying to adjust to have holidays with family or, frankly, those without children who are trying to avoid going on holiday at the same time as those with family. Not much thought seems to have been given to how these things are organised—or, indeed, to parliamentary delegations. These partial weeks do not seem to be a particularly good idea.

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Peter Bone Portrait Mr Bone
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I hate to disagree with my hon. Friend, but the timing of the Budget is entirely at the discretion of the Executive. They have chosen to have it so late and that has caused all these problems.

My hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) made an absolutely first-class speech, as always, but drew completely the wrong conclusions.

Lord Beamish Portrait Mr Kevan Jones
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Does the hon. Gentleman agree that although the hon. Member for North East Somerset (Jacob Rees-Mogg) did make some very good and eloquent points, given the recent scandal over the adulteration of food, the Food Standards Agency should possibly look at Her Majesty’s Sandringham apple juice?

Peter Bone Portrait Mr Bone
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I want to keep very closely to the subject of the motion, and I think that that is straying rather wide.

I feel exceptionally strongly about this issue and the fact that Parliament—[Interruption.] The Whips are already having a go at me from a sedentary position. My hon. Friend the Member for Chelsea and Fulham (Greg Hands) asked why I was not here at the beginning of the debate. I have already explained that to the House. I am really annoyed by the attitude of the Whips in this place. That is what brings this House into disrepute. They do not care about Parliament; all they care about is getting Executive business through. They are shameful. I wish my private Member’s Bill had gone through, as that would have abolished them.

Electoral Registration and Administration Bill

Lord Beamish Excerpts
Tuesday 29th January 2013

(11 years, 9 months ago)

Commons Chamber
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Lord Lansley Portrait Mr Lansley
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We always made it clear on the Government Benches that if the House of Lords remained unreformed it would be necessary to enable it to better reflect the character of the outcome of the preceding general election. I will not reiterate the point I made to the hon. Member for Vale of Clwyd (Chris Ruane), but if the Opposition had supported House of Lords reform we would have been able to deal with that.

Lord Beamish Portrait Mr Kevan Jones (North Durham) (Lab)
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Will the right hon. Gentleman give way?

Lord Lansley Portrait Mr Lansley
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No, I am going to make more progress—this is only a two-hour debate.

I am asking the House to maintain the boundary review. As my hon. Friend the Member for Lichfield (Michael Fabricant) reminded us earlier, it was my right hon. Friend the Deputy Prime Minister who said, quite rightly, on Third Reading of the Bill that became the Parliamentary Voting System and Constituencies Act 2011:

“Fairness demands constituencies that are basically equal in size…there can be no justification for maintaining the current inequality between constituencies and voters across the country.”—[Official Report, 2 November 2010; Vol. 517, c. 864.]

I have heard no argument that changes that, nor any justification from the Lords to seek to do so.

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Lord Lansley Portrait Mr Lansley
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My hon. Friend makes a good point well. Anybody who votes to agree with the Lords or not to disagree with them on this amendment will, I fear, have to explain to their electorate why they are not reducing the cost of politics when we are asking the public services generally to do that.

In what is colloquially known as the Hart-Rennard amendment we have not only an abuse of parliamentary process, but a democratic travesty. The unelected House is seeking to frustrate the precisely expressed will of this Parliament—not a previous Parliament—to deny fairness and equality in the franchise and fundamentally to manipulate the basis on which this House is to be elected.

Lord Beamish Portrait Mr Kevan Jones
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Can the right hon. Gentleman explain why this Government have appointed 125 new peers since 2010? Contrary to what my hon. Friend the Member for Rhondda (Chris Bryant) said, the average cost is £130,000 a year, which adds an extra £16,250,000 a year to the cost of politics, or £81,250,000 over five years.

Lord Lansley Portrait Mr Lansley
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Leaving aside the fact that some of the figures that the hon. Gentleman quotes were from the resignation honours back in 2010, I would say that he heard what I said about House of Lords reform. If he and his colleagues had supported the programme motion, we would be in a completely different place in the House of Lords.

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Sadiq Khan Portrait Sadiq Khan
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I think that the Electoral Commission, the Boundary Commission and electoral registration officers will be quite offended by the hon. Gentleman’s comments. I am sure that, on reflection, he will want to withdraw those remarks.

Lord Beamish Portrait Mr Kevan Jones
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Does my right hon. Friend agree that this Bill has nothing to do with fairness, saving money or the cost of democracy, but is actually about pure party political advantage for the Conservative party? Is it not straight out of the Karl Rove book of how to rig elections to the advantage of a sitting party?

Sadiq Khan Portrait Sadiq Khan
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We have seen that the general election co-ordinator for the Conservative party has left the Chamber. The fact that he was in his place earlier speaks volumes about the motives of the Conservative part of the Government.

The move to individual electoral registration risks even greater numbers falling off the register.

Parliamentary Commission on Banking Standards

Lord Beamish Excerpts
Monday 16th July 2012

(12 years, 4 months ago)

Commons Chamber
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Lord Mann Portrait John Mann
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I thank you for your guidance, Mr Speaker. My initial remarks related to the remit of the Committee, rather than its composition, which is frankly an irrelevance compared with the problems of the moving feast of its remit.

The remit has been set so vaguely that it can incorporate anything and everything. We will face the economic consequences when the partially state-owned banks are hit in the same way. These issues are entirely out of our control—indeed, they are entirely out of British control. The American authorities are two years ahead of the British authorities, and have taken a lead, so they will dictate the time scale for what comes next. Whether the considerations are legal or political—there are elections coming up, so there may well be more of a political imperative to be seen to be doing things—they will have grave consequences for these financial institutions and the British taxpayer.

That is why although it may well come up with worthy and credible recommendations, the investigation cannot match the task that it has been set. Because of the course of events and the changes that will happen, arbitrary time limits are, by definition, self-defeating. There is another problem that goes alongside that, and it concerns the other options available to look at those matters. I am pleased that the Leader of the House appears to have given a commitment, and I urge him to clarify it, that no staffing resource will be removed from the Treasury Committee in that period of time. If that is the case, that is a significant step forward. If the Treasury Committee were mothballed at precisely this time, the ability of the House to respond to fast-moving events would worsen significantly.

The Treasury Committee has a heavy workload. Today, Commissioner Barnier was supposed to appear before the Committee in relation to the 17 EU directives and draft directives relating to financial services on the books at the moment. It is essential that this House properly scrutinises and takes a view on what happens with those directives, but that has not been happening—it is a key role that the Treasury Committee needs to fulfil.

Lord Beamish Portrait Mr Kevan Jones (North Durham) (Lab)
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Does my hon. Friend agree that there may well be some dispute about what the Treasury Committee should look at and what this new Commission should look at—if, for example, another scandal or something like it emerged in the next few weeks?

Lord Mann Portrait John Mann
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My hon. Friend makes the point that I have been stressing—that we do not know and cannot predict them, but we know that there will be a lot more scandals emerging, as we are only seeing the tip of the iceberg at present. [Interruption.] I appreciate that this is not good listening for those hon. Members trying to work out how to respond to this, but if this House is to set up arbitrary ad hoc committees at random every time there is a problem, it will potentially undermine itself. Which Select Committee will be next to give away some of its powers to an ad hoc committee? Is this the appropriate way to determine such matters?

If some of the powers set out in the motion were reinforced not just in respect of the Treasury Select Committee but of other Select Committees, that would reinforce the scrutiny of this House over what goes on both in government and in the country, so there are some good proposals here. The good proposals, however, are bespoke to this particular Commission—for example, the ability to call in a QC and the ability to take evidence on oath. If they are good enough for this new Commission, they should be made available to any Select Committee looking at any issue. The House is ducking this problem.

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Lord Beamish Portrait Mr Kevan Jones (North Durham) (Lab)
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Let me begin by reiterating the point made by my hon. Friend the Member for Wallasey (Ms Eagle), who said that we had voted for a judge-led inquiry. We are setting an onerous task for the Commission. I think it was my hon. Friend the Member for Bassetlaw (John Mann) who said that it would be looked at very closely by members of the public, who now have very little faith in our banking system, whether because of national scandals or because of their dealings with their own local banks.

The terms of reference are set out clearly in paragraph (1)(a), which mentions the

“professional standards and culture of the UK banking sector”.

I should be interested to know how “culture” is defined in the context of banking. Does it refer only to banks, or to building societies as well? We should bear it in mind that the banking industry consists of not only high-street chains but, for instance, mutual societies. Will they be included in the Commission’s investigation?

LIBOR was the catalyst for the establishment of the Commission. Paragraph (1)(b) refers to

“lessons to be learned about corporate governance, transparency and conflicts of interest, and their implications for regulation and for Government policy”.

You pulled up my hon. Friend the Member for Bassetlaw on the issue of corporate governance, Mr Speaker, and I accept your ruling. However, many of the matters that the Commission will consider will not relate purely to banking. As my hon. Friend said, they will relate to lending and takeover bids for companies. Will the Commission look into the culture of, for example, the Kraft takeover, which my hon. Friend mentioned? If it restricts its consideration to the banking sector, will not the inquiry be of limited use, not just in view of the vehicles involved in events such as the Kraft takeover but—I hasten to add—in view of some of the things that have been going on in local government? I have raised the issue of the refinancing of Newcastle airport, for example, which was a huge scandal in the north-east two years ago. That was driven by the idea that we could get a better deal for the local council tax payer by refinancing. In fact, it got them a worse deal. Will the Commission look at such situations?

Turning to transparency and governance, Government Members had strong opinions about private finance initiative deals when they were in opposition, and they still hold to those views now. Will such financing arrangements fall within the remit of paragraph (1)(a) and (b), as they are clearly part of a new culture that has emerged, and they are a new mechanism for funding Government policy? Paragraph (1)(b) refers to

“implications for regulation and for Government policy.”

Would today’s announcements on the investment in the railways fall within the remit? That is being financed in part through Network Rail, which is a completely separate organisation and is off the Government balance sheet. The Commission’s remit could lead to such areas being investigated. There are some wider implications here, therefore, and it will be interesting to see if the Commission resists going down certain paths. If we do not have a full inquiry that looks at all these areas, the public may well think we are just concentrating on a small part of the banking and finance industry, when there are many other concerns that directly affect them, too.

I have great respect for the Chair of the Treasury Committee, the hon. Member for Chichester (Mr Tyrie), who will chair this Commission, but the hon. Member for Wellingborough (Mr Bone) mentioned the absence of any women on the nomination list from this House. Are we saying that there are no able hon. Ladies from either side of the House who could sit on this Committee? We have in the past tried to ensure that all Committees in this House included women Members. This is an omission, therefore. It may be possible that all the members from the House of Lords will be men, too. We would therefore have a Committee made up entirely of males, which would be very wrong. It would be right to include a certain—female—member of the Treasury Committee on the Commission. Obviously that hon. Lady did not fit the loyalty criteria set by the usual channels, however. Her inclusion could have been useful, especially in the light of her previous life in the banking industry.

We are going to agree this motion tonight when we do not know who the Lords members of the Commission will be. I agree with the position of my hon. Friend the Member for Bassetlaw: this is a slippery slope as we are agreeing to have a Joint Committee to scrutinise and make recommendations with some members who have never been elected—and some of whom are, perhaps, unelectable.

Another interesting question is what the powers of this Commission will be. Paragraph (7)(a) states that it will have the power to

“send for persons, papers and records”.

What will happen if an individual says, “No”? Will the Commission have the full powers of Parliament to enforce its will in this regard?

It is also stated that witnesses will be under oath, and also that the Commission will be able to appoint special advisers. That is very important in respect of the expertise it will bring to the Commission. There is a question to be asked about a possible declaration of interests by those individuals, however. Many of the people who have expertise in this field will have had direct involvement in the culture that this Commission will be examining. So what will be the restrictions on the appointment of those advisers in respect of either their past lives or any future involvement they may have? That needs to be spelt out from the beginning. We need to make sure that they have not got their fingers in any of the pies that this Commission is investigating.

I do not wish to cast aspersions on any members of the Commission from this House, but we do not know who its members will be from the other House. How are we to define declarations of interest? Are these interests that those individuals hold now or in previous lives? If they are commercial interests, that will raise questions about the impartiality of those individuals, and anything that does that will damage the Commission from the outset.

Paragraph (7)(d) has already been mentioned. It states:

“to invite specialist advisers (including Counsel appointed as specialist advisers) to examine witnesses”.

I am not sure what that means. The normal procedure that Select Committees follow is that the members ask the questions, and questions and briefing notes are clearly written in advance by advisers. This arrangement, however, is very different. This is about having special advisers being able to cross-examine witnesses. So what is the status of those individuals? As the hon. Member for Wellingborough has said, that is a huge change from the way in which Select Committees have operated in this House. When I served on the Select Committee on Defence we had some very able advisers, but the idea that they would cross-examine witnesses is a strange one. We need clarification on that matter.

What about specialist advisers and conflicts of interest? If they are going to be counsel, we need to ask whether they have ever acted for banks or financial institutions. Would that debar them from being appointed as an adviser to the Commission? It is important that we have those things laid out clearly right at the beginning. I do not think it is right to leave them up to the Committee or the Chair to determine. [Interruption.] Government Members may well think that this is frivolous, but to many of our constituents it will be very important, in terms not only of how their money is looked after, but of trying to get credibility back into a sector that is vital to this country’s economy. This is very important in terms of making sure we get it right and of the reputation of the Members of this House who are going to be serving on the Commission.

The other thing I wish to discuss is how the Commission is going to be financed. Paragraph (13) says that

“the costs of the Commission shall be assessed by the House of Commons Commission from time to time and shall be paid by Her Majesty’s Government for the credit of the House of Commons (Administration) Estimate.”

We all know that, if someone wants to control the activities of a committee or any organisation, they can starve it of money. Are we saying that this Commission has a blank cheque? Unless it has, the Government will be able to starve it of money and limit the scope of its activities.

Paragraph (7)(e) states that the Commission can

“adjourn from place to place”.

If a lot of foreign travel is involved, as may well be the case, that will create an expense. Who makes the determination on that in terms of the work the Commission does? Will the Treasury at some point try to limit it by saying, “I am sorry, but you have spent too much and so you cannot undertake that foreign travel or employ that expert witness to interrogate and produce the report”?

There are a lot of—[Interruption.] The hon. Member for Ealing Central and Acton (Angie Bray) is chuntering from a sedentary position, but she has only just come into the Chamber. I know that she did not have a very good week last week, but I wish her all the best for the future.

The financing of the Commission will be very important, so we need some assurance that we will not have interference by Government in the Commission’s work by stealth—that is, by starving it of the resources it needs.

Peter Bone Portrait Mr Bone
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The hon. Gentleman is making serious points about parliamentary scrutiny, and it is great that so many Government Members are present to support him. Does he welcome this new initiative? If there is unlimited funding, if there can be counsel and if the Commission can cross-examine in the same way as congressional committees, is that not a good thing?

Lord Beamish Portrait Mr Jones
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It is—[Hon. Members: “Ah!] Hon. Members have not heard what I am going to say yet. I agree with the hon. Gentleman, but we have seen this problem with Select Committees, whose travel was limited in the previous Parliament, hampering their work. As the Commission will be subject to the Government’s decision on whether they can fund it or not, that is a very important point. If the situation will be that suggested by the hon. Gentleman, we should have the same arrangements for Select Committees. That would ensure that Select Committees could not only employ the proper advisers—and perhaps more of them—and see expert witnesses but undertake the detailed travel that is sometimes required.

My other concern is paragraph (12)(b), which concerns the setting up of sub-committees. There is no detail about how sub-committees will be set up or about their composition. Paragraph (12)(b) states that a sub-committee will have a quorum of one, but how big will the committees be?

I am very uncomfortable with the idea of a sub-committee of one person making decisions or taking evidence. It should include at least one person from each House: a Member from this House and one from the other House. Likewise, on the question of political balance, it could include a Government Member and an Opposition Member. If we are going to have sub-committees, surely it would be right to increase the quorum to at least two, one from each House, and, potentially, to try to get political balance.

There are many provisions in the motion that prompt many questions. The hon. Member for Wellingborough made a very good point, in that it sets a lot of precedents and, I hope, sets a way forward that Select Committees can follow to draw down more resources and increase their powers.

I also want to raise the issue of the Commission’s reports. The motion states that it will

“report from time to time.”

Who will decide? If the Commission as a whole decides to produce interim reports or short reports throughout its life, some of them will be very market sensitive. Will not the Commission have to be very cautious in what it releases? I am sure that many finance houses, banks and other parts of the financial sector will be looking very closely at what the Commission recommends, and it could affect the share prices of those organisations. There is no guidance in the motion about how those reports should be produced, according to what time scale and for what reasons.

The other question that was mentioned earlier is whether we are happy now that we have basically set up a new type of Select Committee. Personally, I am not. I think that this inquiry would have been far better done by the Treasury Committee. Obviously, those on the Front Bench from my own party argued strongly for a judicial-led inquiry, which was the right approach to get confidence in the banking system. In the absence of such an inquiry, the Treasury Committee would perhaps have been a better vehicle. I worry about the precedent that this sets and whether it will allow the Government of the day to dictate to Select Committees or hybrid Committees. That goes to the heart of the independence of those Committees and their accountability to Parliament. The Commission will have a huge job to do and I wish it well in its deliberations, but we should undertake a serious examination of the new system and the precedent that that sets for our Select Committees.

Question put and agreed to.

Ordered,

(1) That a Committee of this House be established, to be called the Parliamentary Commission on Banking Standards, to consider and report on—

(a) professional standards and culture of the UK banking sector, taking account of regulatory and competition investigations into the LIBOR ratesetting process;

(b) lessons to be learned about corporate governance, transparency and conflicts of interest, and their implications for regulation and for Government policy;

and to make recommendations for legislative and other action.

(2) That Mr Andrew Tyrie be Chair of the Commission.

(3) That Mark Garnier, Mr Andrew Love, Mr Pat McFadden and John Thurso be members of the Commission.

(4) That the Commission have leave to join with any committee appointed by the Lords to consider the said matters.

(5) That the Commission may hold meetings under the provisions of paragraph (4) of this order at any time after the Lords has agreed to appoint a committee.

(6) That the Commission shall, except as provided for in this order, follow the procedure of a select committee of this House.

(7) That the Commission shall have power—

(a) to send for persons, papers and records;

(b) to examine witnesses on oath;

(c) to appoint specialist advisers;

(d) to invite specialist advisers (including Counsel appointed as specialist advisers) to examine witnesses;

(e) to adjourn from place to place;

(f) to sit notwithstanding any adjournment of the House; and

(g) to report from time to time.

(8) That the Commission shall have power to appoint sub-committees to consider matters specified by the Commission within the terms of this order and a subcommittee shall have—

(a) the powers in paragraph (7)(a), (b), (e) and (f); and

(b) the power to invite specialist advisers appointed by the Commission (including Counsel appointed as specialist advisers) to examine witnesses;

and the quorum of a sub-committee shall, subject to paragraph (12)(b), be one member of this House.

(9) That the Chair may report to the House an order, resolution or Special Report as an order, resolution or Special Report of the Commission which has not been agreed at a meeting of the Commission if he is satisfied that he has consulted all members of the Commission about the terms of the order, resolution or Special Report and that it represents a decision of the majority of the Commission.

(10) That the quorum of the Commission shall be two members of this House.

(11) That, whenever this House shall stand adjourned other than to the next day, any report, Special Report, order or resolution agreed to by, or evidence taken or received by, the Commission, including any under paragraph (9) of this order, may be published or printed under the authority of this House, shall be deemed to have been reported and shall be reported when this House next sits.

(12) That, when the Commission operates under the provisions of paragraph (4) of this order, the following provisions shall apply—

(a) the quorum of the Commission shall be two members of this House and two members of the House of Lords;

(b) the quorum of any sub-committee shall be one member from either House;

and

(c) the power of the Chair to report under paragraph (9) may also be exercised with the Chair’s agreement by a member of the Commission who is a member of the House of Lords.

(13) That the costs of the Commission shall be assessed by the House of Commons Commission from time to time and shall be paid by Her Majesty’s Government for the credit of the House of Commons (Administration) Estimate.

(14) That the Commission shall report on legislative action no later than 18 December 2012 and on other matters as soon as possible thereafter.

(15) That a message be sent to the House of Lords to desire their concurrence.—(Sir George Young.)

Sittings of the House

Lord Beamish Excerpts
Wednesday 11th July 2012

(12 years, 4 months ago)

Commons Chamber
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Paul Blomfield Portrait Paul Blomfield (Sheffield Central) (Lab)
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I recognise that for people watching from the Public Gallery and outside, this is clearly not the most important issue facing Parliament, but it is useful that we have found a short period to debate it. For those of us who can no longer describe ourselves as new MPs but are of the 2010 intake, it is the first opportunity to comment on our sitting hours.

I acknowledge, as have many Members, the thoughtful and helpful report presented by the Procedure Committee to provide a framework for this debate. I am surprised that the Chair of the Committee was surprised by the reaction of the press. We must recognise, sadly, that we have a press that all too often is willing to take every opportunity to undermine confidence in democratic politics.

The Chair of the Committee usefully made it clear in his opening remarks that this is not about the extent of the hours that we work but how we manage them to maximum effect. In that context, as a northern MP, I acknowledge the points that have been made by many Members. This is not, for me, about family-friendly hours—being away from home for four days a week is not an issue—but about how we can operate more effectively. An earlier start and end to Tuesdays would provide greater flexibility. It would not mean that we would not work late on a Tuesday but, as the hon. Member for Brighton, Pavilion (Caroline Lucas) said, it would give us more control over how we plan our work. It would mean that we could organise meetings inside and outside Westminster, at times when other people could attend, with greater confidence and without always having to pull out of them at the last minute. It would give us the opportunity, just sometimes, to have a night off. I must say that it would occasionally be good to be able to get away on a Monday or Tuesday in time to stock up the larder before the supermarket shuts.

As the Procedure Committee acknowledged, the main argument in favour of the current Tuesday hours was made by the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith), in his role as Chair of the Liaison Committee, in relation to Select Committees. As a member of the Business, Innovation and Skills Committee, I place great importance on my participation in it and find it enormously rewarding, but it is not beyond the imagination to bring our sittings forward for a 9 am private start and a 9.30 am public start. The same applies to Public Bill Committees, where I understand that that already happens.

Lord Beamish Portrait Mr Kevan Jones (North Durham) (Lab)
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The last time we did this, it created absolute chaos for Select Committees, not only as regards Members having to start at 9 o’clock but in trying to get witnesses here for that time. It did not work, and we will threaten our Select Committee procedures if we go back to that nonsense.