Procedure of the House

Lord Scott of Foscote Excerpts

Wednesday 9th January 2013 Lords Chamber

[Lord Touhig]

My Lords, if I can be forgiven for telling the House, Aneurin Bevan once said that our principles remain constant but our policies have to be reinvented with every generation because policies, like tools, get worn out with use. I want to get across the point that I am not against the idea that we should look at how we table Questions. I am just not sure that this is the right way to be going about it. The work of the House committees is so wrapped up that most of us do not know what is and is not discussed. Some very good ideas have come across the Chamber today but we do not know whether the Procedure Committee has actually considered them. The Chairman of Committees said that two reports were prepared by the Clerks on this matter. Where are they? Are they not available to Members? If we are not members of the Procedure Committee, we are not allowed to go in to listen and see what happens, so we do not quite know what has been discussed.

In my brief remarks I shall confine myself to a few questions. Paragraph 3 states:

“Members will, as at present, be able to submit oral questions four weeks before the sitting day on which they are to be asked”.

Why four weeks? Why not five weeks, or six weeks, or the first Monday after the next full moon? What is the logic about four weeks? Why can we not table Questions for next week? Has this been considered? I do not know.

Following on from the point made by my noble friend Lord Harris, the second bullet point in paragraph 3 states:

“Members will be able to submit an oral question to the Table Office, in person or by telephone, at any time between 10 am and 4 pm on that day. Questions will not be accepted by post, email, fax, or via third parties such as researchers, unless the text is also confirmed by the member in person or by telephone”.

So researchers can table Questions on behalf of Members—it says so here. It is quite confusing. How on earth are we going to resolve the problem if researchers and others are able to phone in or send in fax or text messages? How do you check whether or not a text message is from a Member? I know many colleagues who allow staff to access their own e-mail addresses. How will you know? This causes me some concern.

I assume the Clerks will conduct the ballot. Will we be able to observe the ballot? Will the list of the ballot be published immediately afterwards? These questions might have been considered by the Procedure Committee, but I do not know and I do not know whether other Members of the House know. This is why I am inclined to support the amendment of my noble friend Lord Grenfell and say, “Go back and have another look at this”. I do not know whether the idea of themed Questions suggested by my noble friend Lord Kennedy and others, and the suggestions of the noble Lord, Lord Naseby, have been considered, but they are all worth considering.

Coming back to the point I made at the beginning, I am not against the change. However, I want to know how we have arrived at this position because I am somewhat doubtful that this is the right way to go about changing the procedure for submitting a Question.

[Lord Scott of Foscote]

My Lords, the attraction of the scheme put forward by the Chairman of Committees is that, on the one hand, it would do away with the need for queueing—on that I have nothing to say because I have never tried to put down a Question and so I have never had to queue—and, on the other hand, the balloting alternative would be fair to all Members who wished to ask a Question. It is that part of the recommendation that I have been considering while the debate has been going on.

It would be fair only if there were a strictly enforced rule that no Member could put into the ballot more than one Question at a time. If a Member drafted 10 different Questions and popped them all into the ballot box, he or she would increase by a factor of 10 his or her chance of success. You can multiply that: if you put in 100 Questions the factor would be 100. There would need to be a strictly enforced rule that only one Question per Member could be put in. How that would be done and enforced, I really do not know.

[Lord Howarth of Newport]

My Lords, the existing system of first come, first served involves some minor inconvenience and frustration but, on the whole, it works fairly well, certainly if you judge by results. Our Question Time is, by general acceptance, a good occasion: the Government are held to account, there are lively debates and it is a collective occasion for the House as a whole. Therefore the onus is on those who want to change the present system to make the case that it is so unsatisfactory that it needs to be altered.

I am not, however, necessarily opposed to experimentation with an alternative system with a ballot, but I have some anxieties about it. One of my anxieties is that if the process of tabling a Question becomes easier and if, at the same time, the statistical odds that your Question will be successful in the ballot are remote, I fear that the quality of questioning may deteriorate—that people will not take the same trouble to formulate their Questions and we will lose the more forensic and purposeful Questions of the kind that the noble Lord, Lord Naseby, referred to. It is very important for the performance and reputation of this House that we continue to table Questions that are of genuine and broad interest to the generality of noble Lords, that open up important issues and that probe the Government. On the whole, the House at the moment does those things rather well.

Another concern I have was dealt with engagingly by my noble friend Lord Harris. How is the definition of a single subject to be arrived at and who will determine whether a subject is a single subject? I fear that, because of the uncertainty about this, noble Lords will be tempted to game the system and table Questions that are intentionally somewhat vague, highly generalised and lacking in specificity. Again, that will not be good for the House and it will make things unreasonably difficult for Ministers. We need to be sure that we have a proper solution to that issue.

My main concern is that a balloting system in which it is easy for people to put down Questions will be almost irresistibly tempting to the Whips of all the parties. I am not aware, and I have certainly not been subject to blandishments and importunings, that the Whips seek to organise and control Question Time in this House as they do in the House of Commons. That is one reason why the character of Question Time in this House is, to my taste, more satisfactory than the character of Question Time in the House of Commons. What goes on in the House of Commons suits them and is part of the daily drama of the nation, but we have a different culture and style. Personally, I think it would be better for us to continue to conduct the party politics that there inevitably will be in this House sotto voce and in a relatively restrained style, as is our custom and practice, and not seek to emulate the customs and practices of Question Time in the other place. We should be wary of anything that allows the character of Question Time here to drift away from the way it is at the moment and more towards how it is in the other place.

I favour the amendment tabled by my noble friend Lord Grenfell. Before this experiment is initiated, further thought ought to go into it, and I am delighted that the Chairman of Committees has spoken favourably of the amendment in the name of my noble friend Lord Berkeley.