Procedure Committee Reports

Lord Beith Excerpts

Thursday 13th October 2011 Commons Chamber

[Mr Knight]

I am grateful to my hon. Friend, but he thereby underlines my case for passing the motion unamended. He has made it quite clear that if Committees were exempt, he would not allow the use of electronic devices, whatever view we took in the House. If we wish to see the use of electronic devices, I would invite the House to reject the amendment and pass the motion unamended.

The point about participation is not one that we can ignore, either. There is an argument that Members are more likely to attend debates if they are able to do other work while they are waiting to be called. That is why I believe we should allow the use of electronic devices in Committee and on the Floor of the House.

The remaining motions on the Order Paper, which you, Mr Deputy Speaker, have indicated we may debate together, contain three sets of recommendations that share a common aim: improving the effectiveness of parliamentary scrutiny. First, the Procedure Committee was asked by the Liaison Committee to consider whether Select Committees should be allowed to table amendments to Bills and motions being taken on the Floor of the House. We agreed to look at this and think there is a case for their being able to do so, subject to certain safeguards. Any amendment tagged as a Select Committee amendment should be agreed unanimously at a quorate meeting of the Committee, and notice should be given to all its members that such amendments will be proposed for consideration at a forthcoming meeting. We have also suggested that, subject to the established conventions on selection for debate and decision, the Speaker or the Chairman of Ways and Means might look favourably on a Select Committee seeking a separate Division on its amendments where business is programmed.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

Let me say on behalf of the Liaison Committee that we are grateful that the Procedure Committee has not only accepted our proposal, which originated from the Joint Committee on Human Rights, but refined it, building in helpful safeguards. Is my right hon. Friend as astonished as I am that the Government appear to have it in mind to use the payroll vote to prevent what we propose from happening?

[Mr Knight]

I hope that the Government will have a change of heart even as this debate progresses, but I rather share the right hon. Gentleman’s feeling that that may not come about.

Secondly, we also recommended that we should conduct a further experiment in this Parliament whereby Members and Opposition spokesmen are encouraged to attach explanatory statements to amendments and the Government provide explanatory statements clarifying the origin of amendments and new clauses proposed on Report.

Thirdly, our Committee recognises that although written parliamentary questions are a vital part of parliamentary scrutiny, they impose a significant cost on the public purse. Although we felt it would be wrong to consider imposing restrictions on Members’ ability to table questions in person, we think we should have a three-month trial whereby Members are restricted to a quota of five written questions a day submitted electronically.

To assist Members, we also recommended that the Government should deliver all answers to parliamentary questions to the Member concerned by e-mail at the same time as the answer is delivered to the House, which is vital. I do not know whether Members know this, but answers are delivered by a person who literally walks round the building. He takes the answer into Hansard and then to the Press Gallery, and then he puts it on the notice board for the Member. I asked a question recently, and in my case I was the last point in the journey. The House business was collapsing and I was on a train when I had a phone call from a journalist wanting to know my view on the answer to my question, which my office had not received. On checking the board, I found that it had still not got there. I therefore do not think it acceptable for Members to be the last in the queue when receiving answers to their questions. That is why we feel that there ought to be a system in place whereby Members always receive an electronic reply immediately the answer is available.

--- Later in debate ---

[Angela Smith (Penistone and Stocksbridge) (Lab)]

With the leave of the House, I should like to put on record my tribute to the work of my predecessor, my hon. Friend the Member for Warrington North (Helen Jones), who discharged her duties in the House assiduously and will be a very hard act to follow.

We on the Opposition Front Bench support the motion on explanatory statements put forward by the Chair of the Procedure Committee, the right hon. Member for East Yorkshire (Mr Knight). The Committee’s recommendation marks progress from a position already established, and as I understand it, Government Front Benchers have also adopted the recommendation, so I hope that it receives support from all parts of the House today.

We also support the sensible recommendation on written parliamentary questions, because there are alternatives to electronically tabled written questions, and if implemented the recommendation will not curtail the opportunities for Members to table written questions, as is their right.

We do, however, believe that the motion on a Select Committee’s right to table amendments to legislation should be sent back to the Procedure Committee for further consideration, as it has not been thoroughly thought out.

[Sir Alan Beith]

That recommendation was introduced by the Joint Committee on Human Rights in the previous Session; it was carefully considered by the Liaison Committee; and it has now been carefully considered and substantially modified by the Procedure Committee in order to meet those concerns. Do we have another case of the two Front-Bench teams conniving to stop Select Committees and Back Benchers having rights in this House?

[Angela Smith]

Perish the thought.

My point is that, if we give Select Committees the right to table amendments to legislation, business relating to the Floor of the House and Public Bill Committees, will it not create the danger of Select Committees taking a much less consensual approach to their work? That is the real risk with the recommendation, and for that reason it should go back for further consideration.

I turn to the recommendation on hand-held devices. I do not need to repeat the background to the debate which goes back to the decision in 2007, because the right hon. Member for East Yorkshire outlined it very clearly. Suffice it to say that technology has moved things forward at a rapid pace—to the extent that we now have smartphones, iPads and other tablets, which have completely transformed the way in which Members conduct their business.

On top of that, we have new forms of communication. According to the Procedure Committee’s report, 225 Members tweet or have Twitter accounts, but in today’s debate we have heard my hon. Friend the Member for Liverpool, Wavertree (Luciana Berger) state that the figure now stands at 300. That demonstrates how over a six-month period 75 Members have signed up for Twitter accounts. It also shows the popularity of the device as a means of communication, and for that reason alone Members increasingly see new forms of communication such as Twitter as making it easier for us to open up a dialogue with the world outside—with the people we serve. Those new forms of communication and technology have called into question once again how we conduct our business in the Chamber.

I was elected in 2005. At that point, I never thought that I would be standing here on the Front Bench making arguments about smartphones, iPads and Twitter accounts, but that in itself demonstrates how quickly the world is moving forward and how difficult it is for the House to keep up. It would be all too easy to step backwards and pretend that the world has not changed. We could pretend that Steve Jobs never existed and say to ourselves that the business of the House should stay true to the days of paper, pen and ink. However, to do that would be to deny reality and to deny the dynamic relationship that now exists between Parliament and the world outside. Even if we deny it, the media, quite rightly, will not. We cannot, therefore, fulfil our obligations as legislators effectively if we pretend that the world outside has not got smaller and smaller in terms of how quickly news travels.

There are advantages and disadvantages in allowing a more relaxed approach to the use of hand-held devices by Members on the Floor of the House and in Committee, for it is undoubtedly the case that members of the public sometimes object to seeing Members of this House using their phones or their iPads while here in the Chamber. If the Chair of the Administration Committee were in his place, I am sure that he would testify to that fact.

--- Later in debate ---

[The Parliamentary Secretary, Office of the Leader of the House of Commons (Mr David Heath)]

High-speed debates sound like a very good idea, Mr Deputy Speaker.

As I did not get to warmly welcome the hon. Member for Penistone and Stocksbridge (Angela Smith) to her new responsibilities in our cameo appearances last night, may I do so now? I echo what she said about her predecessor, the hon. Member for Warrington North (Helen Jones), with whom I always enjoyed debating. I wish her well in her new responsibilities.

I congratulate the Chairman of the Procedure Committee on securing this debate on his Committee’s proposals. The one area in which I disagree with him is on whether this debate should be held in Backbench Business Committee time. The Government have implemented the Wright Committee’s report, which was explicit on this matter. We hold to the position that the House should follow what the Wright Committee said on this matter. It is therefore the responsibility of the Backbench Business Committee.

I welcome the opportunity to set out the Government’s position on the motions, which I will take in order. The first motion on electronic devices is very much a House of Commons matter. Perhaps I should indicate that my right hon. Friend the Leader of the House and I will support the motion, although some ministerial colleagues may hold other views.

Changes in technology have been swift and the Procedure Committee has taken a sensible approach in seeking to update the 2007 resolution in a way that might not need constant updating as technologies change. The Committee helpfully demonstrates how its proposed change is in line with trends in other legislatures. The concept of not impairing decorum that has been adopted by the US House of Representatives is helpful. I am sure that Mr Speaker will decide, with characteristic wisdom, how this resolution will be interpreted in practice, just as he has provided general guidance about appropriate conduct in the Chamber.

I support the comparable changes for Committees, although I have one reservation in that respect, to which the Procedure Committee has referred. Tweeting about an ongoing evidence session would be discourteous and disclosing deliberations in that way could be a breach of privilege. That is an important reservation to enter at this point.

There is no Government position on the amendment tabled by the hon. Member for North Wiltshire (Mr Gray) and others, although enforcement of the resolution, if amended in that way, might pose significant challenges for the occupant of the Chair.

I noticed that in opposing the amendment the right hon. Member for East Yorkshire (Mr Knight) asked why Members should not receive facts while they are preparing to speak. The explanation, perhaps, is that facts would entirely demolish the speeches of some hon. Members. Of course, just because a Member has received a fact does not mean that they have to take any notice of it.

The second motion, on Select Committee amendments, is where the Government part company with the Procedure Committee, because we do not believe that the case for the change has been made. We are continuing the position of the previous Government, which I believe is still that of the hon. Member for Penistone and Stocksbridge and the Opposition. Interestingly, that position was expressed at the time by the hon. Member for Rhondda (Chris Bryant). I am not sure whether he still takes that view.

Currently, amendments are tabled in the name of a Member of the House—it does not matter whether they are tabled by the Government, the official Opposition or anybody else. The Procedure Committee argues that if an amendment appears simply in the names of members of a Select Committee, other Members may not realise its status, but I am not convinced by that.

The Government have taken a number of steps to strengthen the Select Committee system—arguably more than any Government since that of 1979, under whom departmental Select Committees were established. We have enabled the House to take the bold step of electing Select Committee Chairs, and the profile of the Select Committee system continues to increase. I believe that an amendment in the name of members of a Select Committee will almost invariably be recognised as such by the House without the need for additional steps.

[Sir Alan Beith]

I am very surprised to find myself in disagreement with my hon. Friend on a House matter, because we very rarely disagree on them. However, a Select Committee amendment would have had to be approved unanimously by it. Is his real fear not that of the Whips Office—that on just one or two more occasions an amendment that was not moved by a Minister might be selected by the Chair and be debated in the House? Is he not simply echoing the traditional Front-Bench view that anything that allows Back Benchers to get anywhere near getting amendments selected is far too dangerous to be permitted?

[Mr Heath]

It is extremely rare that I disagree with my right hon. Friend, but I do on this matter. The selection of amendments is, of course, a matter for the Chair, and if the Chair feels that a Select Committee’s members are proposing an amendment that needs to be debated, it will be selected. However, it is a serious concern that under the Procedure Committee’s proposal three members of a Select Committee, who would form a quorum, could obtain a Committee’s imprimatur for an amendment. That amendment would attribute to all members of the Committee a position that was held only by those present at a meeting. I do not think that that does the House a service.

[Sir Alan Beith]

I want to make a further correction, because I do not want to delay the debate any further by making a speech—I want the rail debate to go ahead.

My hon. Friend must recognise that any member of a Committee who felt dissatisfied with an amendment tabled in the name of their Committee, their having been notified of a meeting but not gone to it, would make that abundantly clear. Indeed, the hon. Member for North Wiltshire (Mr Gray) made it clear at the beginning of the debate that he did not support the motion moved by the right hon. Member for East Yorkshire (Mr Knight).

[Mr Heath]

I am sure an hon. Member in that position would make their dissatisfaction abundantly clear, but equally it does not seem beyond the bound of reason that a Chair of a Select Committee could make it abundantly clear that he or she was presenting an amendment in the name of the Committee. The same arguments apply, and I am not persuaded by my right hon. Friend, which is why my ministerial colleagues and I will vote against the motion.

I turn to the third motion, on explanatory statements on amendments, and the remarks of the hon. Member for Brighton, Pavilion (Caroline Lucas). The crux of what she said was that the Government were being unreasonably obstructive and unhelpful in their approach. However, my right hon. Friend the Leader of the House is quoted in the Committee’s report as having said:

“I would certainly not oppose the continuation of explanatory statements”.

The report also quotes my comment:

“I am certainly happy, as far as the Government are concerned, for that experiment to proceed.”—[Official Report, 3 February 2011; Vol. 522, c. 384WH.]

It might be said that the barriers that we have sought to erect to prevent it from happening are rather low indeed. I repeat today the Government’s position that we will support the recommendation. However, it is important that we express caveats for the benefit of the House.