Business of the House

Debate between Lord Lansley and Mark Harper

Thursday 19th June 2014 Commons Chamber

[Mr Mark Harper (Forest of Dean) (Con)]

Will the Leader of the House look at providing an urgent debate on the importance of having regular elections? He may not be aware that the senior Labour peer, the noble Lord Grocott, has a Bill in the other place that would repeal the Fixed-term Parliaments Act 2011, but leave no mechanism for dissolving Parliament and no mechanism for having elections at any point. Although that would lead to the remarkably positive result that my right hon. Friend the Prime Minister would be in power for ever, the British public might occasionally like a general election!

[Mr Lansley]

My goodness, what my hon. Friend says sounds jolly tempting. I am surprised that the noble Lord Grocott considered it wise to legislate in such a way. Perhaps he and the Labour party are rather worried by the prospect of elections and the dangers they might represent. I am pleased to reassure my hon. Friend that we in the coalition Government are not frightened of elections and we have no intention of returning to a “Long Parliament”, as it were.

Oral Answers to Questions

Debate between Lord Lansley and Mark Harper

Thursday 8th May 2014 Commons Chamber

[Mr Mark Harper (Forest of Dean) (Con)]

8. What assessment he has made of the effectiveness of the House in scrutinising the Government.

[The Leader of the House of Commons (Mr Andrew Lansley)]

As a result of the changes that have been introduced in this Parliament, such as the election of Select Committee Chairs, the establishment of the Backbench Business Committee and more generous approaches to permitting urgent questions and allocating time for debating legislation, the ability of the House to scrutinise the Government has been much enhanced.

[Mr Harper]

I asked the question because that is my view also. I was very taken by the letter that you read out, Mr Speaker, from the Clerk of the House, for whom I have the greatest respect. He said that the House is

“a more effective scrutineer of the executive, and more topical, relevant and independent-minded”

than he has ever known it in his 42 years of service, so we must be doing something right.

[Mr Lansley]

I agree with my hon. Friend. I trust that it will not be interpreted as engaging the Clerk in the debate to say that I hope that Members throughout the House agree that what he said is absolutely true. It is important for such scrutiny to take place. I hope in the debate this afternoon to enhance the ability of this House to demonstrate to the public, whom we serve, that we not only debate the matters that are relevant to them, but use the opportunities that we have to hold the Executive to account.

Business of the House

Debate between Lord Lansley and Mark Harper

Thursday 8th May 2014 Commons Chamber

[Mr Lansley]

The hon. Gentleman and the House will know that the development of the personal independence payment system is proceeding in stages and it is important that we get it right. It is geared to the needs of people with disabilities far more than the previous system, under which they were often not subject to assessment for years on end. I recall that the figures for those with life-limiting illnesses showed that a high proportion of those assessments had been undertaken. However, I will look at the figures and ensure that the Department for Work and Pensions responds to him. I am sure that we would be grateful to have the details of any particular case so that we can respond to it.

[Mr Mark Harper (Forest of Dean) (Con)]

I listened intently to the Leader of the House’s impressive list of legislative achievements, and, following yesterday’s debate, I look forward to the Immigration Bill joining that list, which should really improve our immigration system. However, now that we have listened to the shadow Leader of the House for a number of weeks, will the Leader of the House remind her and the House that this House’s job is not just to be a legislation factory? It is important that we take time to debate important issues, have question sessions and hold Ministers to account as well as passing legislation.

[Mr Lansley]

My hon. Friend is absolutely right. The legislative achievement in the course of this Session has been impressive and the Immigration Bill and the Care Bill, which will, I hope, pass its final stages next week, will add substantially to that list of achievements. He is quite right, too, that our work goes beyond that. It has been depressing week on week to hear the shadow Leader of the House and other Opposition Members interpret debates nominated by the Backbench Business Committee and even their own Opposition day debates as of no consequence. Such debates are the essence of what we do in this place and the fact that in this Session we have been able to give the Opposition and the Backbench Business Committee more days than we were required to while securing Royal Assent for some 20 Bills by the end of the Session is a good use of parliamentary time.

House of Commons Business

Debate between Lord Lansley and Mark Harper

Thursday 8th May 2014 Commons Chamber

[Mr Lansley]

We move on to happier subjects. I will speak first to the motion on e-petitions. I will also address the other motions in my name, on parliamentary privilege and on Standing Order No. 33, and I will seek to move them formally at the end of the debate. I will also address the motion relating to programming, which was tabled by my hon. Friend the Member for Broxbourne (Mr Walker) and is supported by the Government.

Hon. Members may recall that, following the work of both the Procedure Committee and the Select Committee on Political and Constitutional Reform, I have previously undertaken to bring forward proposals for an improved e-petitions system. I want to build on the successful features of the current system, which has seen more than 10 million individuals sign one or more of the 27,500 e-petitions that have been submitted, 145 of which have reached 10,000 signatures, leading to a formal response from the Government. Of those, 29 petitions have reached 100,000 signatures and become eligible to be considered for debate, 25 of which have been debated.

The system provides a straightforward means by which people can submit a petition to raise an issue and press for action. As we have seen in debates such as those on Hillsborough, the badger cull, Sophie’s choice and the ban on female genital mutilation, petitions can be and are debated in Parliament. However, the system by which they are submitted is not approved or in any way owned by Parliament, and that is what I want to change. I want Parliament to share in the ownership of a modern e-petitions system that allows people to petition their Parliament, engage their elected representatives and, where appropriate, get a response from their Government.

I have already held constructive discussions with a number of interested parties throughout the House on the principles of a new system, but a lot of stakeholders are involved and there is a lot of detail to be worked out. I am therefore not initially coming to the House with a fully worked up blueprint for approval. I want to work with others on some ideas that will produce the best result for petitioners, who are our constituents. This is a therefore a paving motion, which will allow the House to agree on the principle that a new system should be jointly owned and run by the Government and the House of Commons.

To develop the detail of the new system with the House, the Government need a partner with which to work. We therefore propose that the Procedure Committee acts on behalf of the House in helping to shape the proposals. There will, no doubt, be other interested parties in the House and outside who will want to contribute, and that is entirely welcome.

I wish to refer briefly to amendment (a) to the e-petitions motion, tabled by the Chair of the Political and Constitutional Reform Committee, the hon. Member for Nottingham North (Mr Allen). I confess that I am disappointed that he has felt the need to table an amendment that is largely about the detail of the new system, not least because those are exactly the sorts of discussions that I hope we can have as we develop it. I do not disagree with all the elements that he suggests, but I am confused by an amendment that rejects the notion of a collaborative system yet goes on to envisage the sharing of the existing Government platform. The amendment is internally inconsistent and, I would argue, flawed in principle as a consequence. I cannot, in any case, imagine what the public would make of our establishing two competing and overlapping e-petition systems, which would be the effect of the amendment.

The hon. Gentleman is usually, and quite volubly, in the business of calling for the Executive to work in partnership with Parliament on legislation, on constitutional principles and on much else beyond. That is exactly what I am offering on e-petitions. It would be uncharacteristic of him to turn down such an offer, so I hope that he might not move his amendment.

I hope that a new system can provide better service and support for petitioners. It would provide more flexibility for the House to consider e-petitions in a variety of ways and an enhanced capacity for the House to ensure that the Government respond to those petitions in a significant and adequate manner.

The use of the platform already developed by the Government Digital Service will minimise the costs of the new system. Any additional staff costs will depend largely on the level and nature of the support provided to petitioners, and it may be that it can best be provided by the House’s outreach and information service. You will recall, Mr Speaker, that in the medium-term financial plan the House of Commons Commission has envisaged the provision of some modest support of that kind for a new e-petitions service.

I do not seek to hide the scale of the system. Just under 10,000 petitions are submitted each year—the number settled down after an initial burst in 2011 to about 20 per day, which is a lot of petitions. The moderating, monitoring and sifting of those petitions is a considerable task, but the rules relating to them can make it a manageable, and I think a fair one. Whether we have a petitions committee to govern that process is a matter for discussion. I confess that I am in favour of some form of petitions committee to act on behalf of the House, to develop engagement with the public on petitions, and in the longer term to liaise with Government on e-petitions and the system. For the avoidance of doubt, this motion and any proposals we have do not impinge at all on the existing paper petitions system. That is a matter for the House, and in particular the Procedure Committee.

The existing Government system will be taken down when Parliament is dissolved at the end of March next year. To ensure that a new system, based on the principles that I hope we can endorse today, is up and running from the start of the new Parliament, we must have reached agreement on the details of that new system by the end of this year, when I hope the House will be able to debate and decide on our joint proposals. With that in mind, I ask the House to approve the motion to allow the work we have started to continue, in close consultation with the Procedure Committee, as proposed.

The Government are happy to support the proposal from the Procedure Committee in the motion on programming, which I hope will benefit the whole House. As hon. Members know, the Government have already addressed concerns expressed about Report stage by providing more time where necessary, with the result that fewer groups of amendments are now left undebated than in the last Parliament. In this Session alone, no fewer than 11 Bills have benefited from more than one day on Report. I remind the House that there were only 10 such Bills in the whole of the previous Parliament.

By extending the deadline for the submission of amendments on Report from two to three days, the Government will be able to take full account of the number of amendments selected and grouped before tabling the supplementary programme motion. That will allow us better to match the available time to the weight and nature of amendments tabled. The deadline will rightly still be subject to the discretion of Mr Speaker. I emphasise that the Government will continue to seek to table amendments one week in advance of Report.

[Mr Mark Harper (Forest of Dean) (Con)]

On the supplementary programme motions, I have had to wrestle with getting the amount of time for each group of amendments correct when drafting programme motions. Does my right hon. Friend propose that in each case the Government will use knives to allocate time for each group of amendments, or will they try to balance that—perhaps in conversation with the House—with what they think is the demand? In some cases, it may be better just to let the debate fall in the usual way. I am not sure from the motion what is being proposed.

[Mr Lansley]

As my hon. Friend will recall from his experience of these matters, we sometimes believe it necessary to introduce what are known colloquially as “knives” into the programme motion to specify when discussion on certain groups of new clauses or amendments is to be concluded. However, we discuss that with the usual channels, and we try to ensure that the House gets the opportunity to debate all significant groups of amendments. The process of deciding whether we should do that or—as we sometimes rightly allow—whether to allow the debate on the amendments to proceed naturally, as it were, is not changed by the motion.

In effect, the motion creates during its trial period an agreement across the House that amendments on Report should be tabled three rather than two days earlier. The benefit of that is that we are more likely to get the programme motion right and not find, as has happened in the past as my hon. Friend will recall, that Opposition or Back-Bench amendments are tabled on Report at quite a late stage and at a time when it is very difficult—not to put too fine a point on it—to incorporate them successfully into a programme motion that understands where the weight of the debate will be. That is what this motion is principally about. A trial period in the next Session would enable us to see whether the proposal turns out to benefit Back Benchers and whether there are any unforeseen disadvantages. I am pleased that the Procedure Committee has secured the support of the Her Majesty’s loyal Opposition for the trial period, and has committed to reviewing its operation towards the end of the next Session. If judged successful, the Government will support a permanent change.

Let me clarify that we start from a shared understanding that we use the term parliamentary privilege to describe a fundamental constitutional principle that guarantees freedom of speech in Parliament and allows us in this House to work on behalf of our constituents without the threat of interference from the courts. The motion on parliamentary privilege arises from the work of the Joint Committee on Parliamentary Privilege, which was established to consider the Government’s White Paper on that subject published in 2012. I place on record my thanks for the diligent work of the Committee on that complex issue, and I stress that, as set out in the Government’s formal response, we agree with the Committee in its central conclusion that there is no strong case for comprehensive codification. None the less, there are steps that the House can take—I stress that the operation of parliamentary privilege is a matter for the House rather than Government—to provide greater clarity.

[Mr Lansley]

I am hoping to make absolutely clear that this motion is in no sense about the law not applying equally to us as it would to any other member of the public. It is about what happens in this House and its proceedings, which require to be protected. Parliamentary privilege may have originated centuries ago, but it must always remain true. It may take a different character in terms of judicial activism, rather than Executive action, but none the less on behalf of our constituents we require what we do here to be done without fear or favour, and without risk of impeachment or prejudice from external parties. As my hon. Friend says, it is important for that privilege to be maintained for the benefit of our constituents.

The motion before the House is a means by which I hope we can provide the clarity necessary for the effective operation of parliamentary privilege. An equivalent motion was agreed by the House of Lords on 20 March this year, after a full debate. In essence, it calls for clarity in the application of any particular legislation to Parliament. The need for further clarification on that point arises because there is some legal uncertainty as to the consequences of a decision of the courts in the Graham-Campbell case of 1935, which held that the protection afforded to this House by the doctrine of parliamentary privilege was wide. The scope of parliamentary privilege has been revisited by the courts and commentators in more recent times—notably by the Supreme Court in the 2010 Chaytor case. However, the Graham-Campbell case has not been expressly overruled, which has sometimes led to uncertainty over what needs to be said in an Act intended to apply to Parliament. The boundaries of parliamentary privilege will in practice be determined by the courts on a case-by-case basis, so it is helpful to them if legislation makes clear Parliament’s intent when legislating in areas that might encroach on those boundaries. That is why this motion provides for explicit provision on that point in cases of doubt.

In practice, that will require discussions between parliamentary counsel and the authorities of the two Houses on whether relevant provisions in Bills should apply to the activities of the two Houses, and for there to be express provision in the Bill where necessary. That is a sensible and pragmatic move towards providing greater clarity on a relatively obscure but important issue. As a matter of principle, I am sure we all agree that the law of the land should apply equally to Parliament, subject where appropriate to the protections of parliamentary privilege. I hope the House will agree to the motion so as to provide for that consistency across the two Houses.

[Mr Harper]

Of the two recommendations in the report by the Joint Committee on Parliamentary Privilege, the second was for the Government to take steps to ensure that Departments complied with the official guidance, issued by the Treasury Solicitor, to consult with the House authorities on legislation. Will my right hon. Friend confirm that the Government will do that in every case? The report said that it happened in some cases, but not in every case.

[Mr Lansley]

Yes, my hon. Friend is right. It was not an invariable practice. A moment ago I spoke about the necessity for discussions between parliamentary counsel and the authorities of the two Houses, and I hope that those discussions will enable us to meet the recommendations of the Joint Committee. That is important.

What has, in part, led to the necessity of the motion is that different Bills have taken different approaches, sometimes seeing it as necessary to disapply parliamentary privilege and in other cases seeking to make it clear in legislation that parliamentary privilege applies. Our general proposition is that it is not required to say that parliamentary privilege applies—it does apply. However, we need to make it clear where the provisions of a Bill intend to have an effect on Parliament. In particular, we need to identify and specify where they may encroach on the boundaries of parliamentary privilege, so that the courts have an unambiguous legislative provision that sets out to what extent Parliament has determined that the law, in that respect, applies to it.

Business of the House

Debate between Lord Lansley and Mark Harper

Thursday 1st May 2014 Commons Chamber

[Mr Lansley]

I can understand how the hon. Lady feels about the impact on her constituents. On those who will lose their jobs, ensuring that they can access new employment and, if necessary, retraining and the like is a responsibility for the Department for Work and Pensions. As for wider interests, and supporting the local enterprise partnership and local authorities in ensuring a broader economic development response, that is the responsibility of the Department for Business, Innovation and Skills, but I will ask both Departments to contact the hon. Lady about the steps that they are taking.

[Mr Mark Harper (Forest of Dean) (Con)]

I listened carefully when the Leader of the House announced the business for next Thursday. Perhaps he could add some time to the debate on the procedures of the House for discussing the Backbench Business Committee. He, I and the Chairman of the Committee could then explain to the shadow Minister for Europe, the hon. Member for Harrow West (Mr Thomas), that it was not the Prime Minister who scrapped debates ahead of European Councils; this House unanimously decided, as a result of the Wright Committee recommendations, to give that time to the Backbench Business Committee. We could also suggest that having a debate before every European Council would not be welcome.

[Mr Lansley]

Yes, the House took an important and positive decision to give Back-Bench Members, through the Backbench Business Committee, the opportunity to assess the relative priority of debates. I am not sure of the view of shadow Leader of the House on the matter, but I hope that she might have a word with the shadow Minister for Europe, the hon. Member for Harrow West (Mr Thomas), to make it clear that trying to revert to the past will actually undermine the independence of the Backbench Business Committee and of Members of this House.

Business of the House

Debate between Lord Lansley and Mark Harper

Thursday 3rd April 2014 Commons Chamber

[Mr Lansley]

The hon. Gentleman is of course right, and Members across the House will share his concerns about the timeliness of the matter. I will, in consultation with my hon. Friends at the Department for Education, ensure that the House is informed as soon as possible, subject of course to the inquiry being carried out thoroughly.

[Mr Mark Harper (Forest of Dean) (Con)]

The Leader of the House will know that, a couple of days ago, the House agreed, without a Division, a programme motion for the Finance Bill. I had originally thought that that was a good idea, but having listened to him this morning, I think that perhaps another day’s debate would serve to remind the House that the Opposition voted against all of our excellent tax changes—our tax cut for working people and the freezing of fuel duty. An extra day’s debate to remind the British public of that might be a good use of this House’s time.

Business of the House

Debate between Lord Lansley and Mark Harper

Thursday 20th March 2014 Commons Chamber

[Mr Lansley]

The hon. Gentleman will know that, contrary to some impressions, we have had difficulty scheduling a number of debates on the Floor of the House. I hope that the issue he raises can be considered in one of the European Committees very shortly.

[Mr Mark Harper (Forest of Dean) (Con)]

I know that the Leader of the House has found time for debates on the Budget, but if he can find more time, I think that the full quotation he referred to earlier could be exposed more thoroughly. It was from a Labour party adviser, who said that

“you can’t trust people to spend their own money sensibly, planning for their retirement”.

He was an adviser at the beginning and end of the previous Labour Government, including several years in No. 10 advising Tony Blair. That sentiment says everything we need to know about that party and about the parties on the Government side of the House, because we trust people to spend their own money sensibly. The more times we say it, the better.

[Mr Lansley]

My hon. Friend is absolutely right. I wish that we had more time to debate the Budget, not least because the longer we debate it, the greater the chance that at some point we might find out what the Opposition’s alternative would be. I agree about the sentiments of the Labour party, as expressed in the claim that people cannot be trusted to spend their own money. That has been true in the past, is true today and, no doubt, will be true in the future.

Business of the House

Debate between Lord Lansley and Mark Harper

Thursday 13th March 2014 Commons Chamber

[Mr Mark Harper (Forest of Dean) (Con)]

May we have a debate in Government time on the operation of the Freedom of Information Act 2000? My right hon. Friend will have seen yesterday’s Court of Appeal judgment, which from my reading seemed clearly to misunderstand what this House and the other place set out in primary legislation. I am glad the judgment will be challenged, but a debate would be helpful so that the House can fully understand who makes the law—this place, or judges.

[Mr Lansley]

I agree with my hon. Friend that it was a disappointing decision, and the Government will appeal it in the Supreme Court. We have been clear that preserving the confidentiality of communications between the Government and the heir to the throne is an important principle to be protected. Indeed Parliament endorsed that approach when it passed the Constitutional Reform and Governance Act 2010, amending the Freedom of Information Act. The case obviously relates to earlier papers, but the House is clear about that principle.