Select Committee on Governance of the House

Lord Field of Birkenhead Excerpts

Wednesday 10th September 2014 Commons Chamber

[Jesse Norman]

As the motion makes clear, the Committee will be time-limited and report in January next year.

There has been some misunderstanding, and much heated discussion, of the clerkship. Those are issues to which I have no desire to add, but the following facts are not in dispute. First, the chosen candidate, Ms Carol Mills, an administrator in the Australian Parliament, was not qualified for the specifically constitutional and procedural functions exercised by the Clerk. Secondly—

[Mr Frank Field (Birkenhead) (Lab)]

Will the hon. Gentleman give way?

[Jesse Norman]

I am very pressed for time. I hope that the right hon. Gentleman will not mind if I allow him to intervene later, perhaps at the end of my speech. We are under tremendous time pressure.

Secondly, Ms Mills was and, indeed, is herself subject to an inquiry by the Australian Parliament. Thirdly, the Speaker’s panel of selection was purely advisory, and was smaller than, and assembled on a different basis from, that used in 2011. Fourthly, the terms of the process of recruitment changed from the original terms set out by the House of Commons Commission on 30 April 2014. Fifthly, while acknowledging the Clerk’s executive functions, the advertisement for the post in The Sunday Times led with, and specifically emphasised, “constitutional matters” and the Clerk’s role as

“chief adviser to the Speaker, the Leader of the House and other members of the Front Bench on matters of procedure and privilege”.

Sixthly, outside headhunters, Saxton Bampfylde, were used for the first time. Seventhly, despite all that, the final candidate—Ms Mills—was, in effect, recruited for a job that did not then exist as such, that of chief executive of this House. Finally, the letter nominating Ms Mills was signed by the Speaker on the advice of the panel, was sent to 10 Downing street during the recess, and, but for the intervention of Parliament, might have been forwarded to Buckingham Palace during the recess.

--- Later in debate ---

[Jesse Norman]

I regret that I was not at that conference, and I am unfamiliar with the comparisons that might be made, but I absolutely agree that continued progress in modernisation and management is important.

[Mr Frank Field]

Surely we do not want modernisation for modernisation’s sake. We want it so that we can carry out our major functions more effectively. They are to hold those on the Treasury Bench to account and to conduct an intelligent five-yearly election campaign.

[Jesse Norman]

I think the right hon. Gentleman knows that, as a strict Burkeian, I—along with many Members of the House—believe in intelligent reform. I therefore broadly share the perspective that he offers.

I believe that we can draw a number of conclusions from this matter. First, it is facile and mistaken to argue that the House is poorly managed today simply because it was poorly managed in the 1980s and 1990s. Rather, there has been steady if somewhat inconsistent progress against a background of massive growth in demand for House services, significant change in information technology, and rising standards and expectations both from Members and from the general public. It would be a tragedy if that process of improvement and modernisation were to be set back by an obviously flawed appointment to the present clerkship.

These reviews have come at eight to nine-year intervals, and the proposed governance Committee would report next year, eight years after the Tebbit review. This debate therefore falls at a highly opportune time, and doubly so because circumstances and the needs of Members and of the general public, as well as politics and Parliament itself, have continued to evolve—and might, I fear, evolve further next week. A specific challenge is presented by the restoration and renewal of the Palace of Westminster. This mammoth project might, it seems, be managed by a specific delivery authority that is accountable to this House and the other place.

As the motion makes clear, a key issue to be addressed by the Committee is whether the roles of Clerk and chief executive should be split. The Ibbs, Braithwaite and Tebbit reports all came down against a split, but it is absolutely right that the issues here should be re-examined by the Committee in the light of changing needs and circumstances. I suggest that that question rests in turn on the answers to several further questions. If the roles are to be split, how exactly would the split work? What functions would fall on either side of the divide, and why? Presumably, in any scenario, the Clerk would continue to be responsible for the Clerk’s department of 800 people, or just under half the total employed.

Furthermore, would the Clerk and the chief executive be coequal? That would require careful thought, as there are cases in business where such an arrangement has succeeded, and cases where it has failed. If they were not coequal, who should report to whom? Would the Clerk, authorised and protected by letters patent, report to the chief executive, or would the chief executive report to the Clerk—in which case what, apart from the job title, would have changed? What would be the implications for relations between the Houses? What legislation would be required if the Clerk were no longer to be corporate officer? Finally, what would the cost be of such a split, in both salary and other costs?

Let me conclude with two reflections. The first concerns the present nomination. The letter nominating Ms Mills as Clerk was signed by the Speaker, on advice. Constitutionally, he and he alone has the capacity to withdraw that letter. I would request that he now do so. The second concerns the process of selection. The Tebbit review in 2007 recommended that the clerkship be subject to the selection board process used to select permanent secretaries, but that approach was not adopted. Whatever its merits, I would ask that, perhaps after the report of the Committee, the House of Commons Commission reconsider, agree and publish new proposals for a fully open, competitive and transparent selection process for the clerkship.

Reform of the governance of this House is, like marriage in the words of the prayer book,

“not by any to be enterprised, nor taken in hand, unadvisedly, lightly, or wantonly...but reverently, discreetly, advisedly, soberly”.

This motion is designed to enable sober reform, and I commend it to the House.