Business of the House

Debate between Lord Beith and David Heath

Wednesday 14th December 2011 Commons Chamber

[Mr Heath]

For the convenience of the House, it may be helpful if I say that it is not my intention later to move motion 7. There are two reasons for that: first, there is a deficiency in the printed version of the motion on the Order Paper; also, not moving it will allow further discussions with the Chair of the Liaison Committee and others on the consequences of the changes that we are proposing.

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

I welcome my hon. Friend’s willingness to use this unexpected interlude to ensure that, at the end of the day, Select Committees can be confident that they will have the opportunity to debate and report on the abolition of public bodies before such matters come to the Floor of the House or a Delegated Legislation Committee.

[Mr Heath]

I am grateful to my right hon. Friend, with whom I have been in correspondence on these matters. I am keen to ensure that we have a system that fits the needs of the House in dealing with such important issues.

The first motion and the other four motions that we are debating with it arise from three considerations. First, they arise from the need to adapt the House’s procedures to spring-to-spring Sessions. Secondly, they arise from the alignment project, which was initiated by the last Administration and has been taken forward by this Government. Thirdly, it is proposed to take this opportunity to undertake some minor tidying-up of the relevant Standing Orders. Some of the changes before the House are quite technical, not to say rather long. The House will be pleased to know that I do not intend to go through them individually; rather, I shall explain their purposes. The provisions are explained in detail in an explanatory memorandum that has been placed in the Vote Office.

On 13 September last year, my right hon. Friend the Leader of the House announced the Government’s intention to move the usual date of Prorogation and state opening from November to the spring, to create a fixed-term Parliament of five equal, 12-month Sessions. That decision has some consequences for financial business. The first motion before us today would adapt the House’s existing procedures for carry-over to enable the Finance Bill to be carried over from one Session to the next. The House has already passed legislation, in last year’s Finance Bill, to ensure that resolutions under the Provisional Collection of Taxes Act 1968 have continued legal effect from one Session to the next. The motion makes matching provision in the House’s procedures. My right hon. Friend consulted the Procedure Committee on the proposal in February. The Chair replied on 9 March indicating that the Committee was content with the proposal.

Procedure Committee Reports

Debate between Lord Beith and David Heath

Thursday 13th October 2011 Commons Chamber

[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.