Procedure of the House
Debate between Lord Sewel and Lord Peston
The Chairman of Committees
I thank the noble Lord for that intervention. I am trying to explain the procedure that we will be adopting. I think that in about two sentences’ time I will make it clear that we will deal with the two reports separately. We will have separate debates on the two reports; they are not conflated.
We have not made a recommendation on what would be a major change to the House’s procedures in relation to a Back-Bench debates committee, so I will simply invite the House to take note of the committee’s sixth report at that time. There will be a debate in which all those who either support or oppose the creation of a Back-Bench debates committee will have the opportunity to speak. Since the committee has made no recommendation, my opening remarks will be short and non-controversial, and my position on the Back-Bench debates committee is neutral.
When the debate on the sixth report has run its course, I shall bring it to a close by again inviting the House to agree the take note Motion. I shall then formally move the third Motion standing in my name, which seeks the House’s agreement to the establishment of a Back-Bench debates committee.
Lord Peston
I have also misinterpreted what is on the Order Paper. I thought we were going to decide the question. Why are we wasting our time, particularly at this time of year, with a take note Motion? Some of us actually want something to happen. Is the noble Lord going to tell us that nothing will happen as a result of us sitting here and talking? That is not unusual in our House, but sometimes we might actually take a decision.
The Chairman of Committees
My Lords, the procedure I am trying to outline is the means by which we get to making a decision. Formally, we have to take note of the report. There will then be a vote on the substantive issue of whether we want a Back-Bench debates committee. I think that is now clear: two debates and a substantive vote on whether we go ahead with a Back-Bench debates committee. Once I have moved that Motion formally, I do not expect further debate at that point, and I hope that we can move straight to a decision.
I shall now briefly outline the recommendations contained in the fifth report. From now on, at this stage, I shall deal entirely and solely with the fifth report. First, on Private Notice Questions, as the report says, we considered a request by the noble Lord, Lord Trefgarne, to introduce a right of appeal against the Lord Speaker’s decision on an application for a Private Notice Question. We unanimously concluded that the current system works well and that it would be inappropriate to introduce such a right of appeal.
The Lord Speaker has a special authority which comes from being the only officeholder who is elected by an open election of all Members of this House. That brings with it a unique authority, and we should think very carefully in trying to abridge that authority by introducing a concept of appeal against the decisions of the Lord Speaker. We have therefore decided to recommend no change. From the amendment that he has tabled to the Motion on the Order Paper, it is clear that the noble Lord, Lord Trefgarne, is not satisfied with our decision. I am aware that he is, in particular, concerned about the level of consultation that takes place prior to the Lord Speaker taking her decision. The fact is that noble Lords applying for a PNQ already routinely supply covering letters setting out their reasons for considering that a particular proposal satisfies the threshold of urgency and importance. Their letters are considered by the Lord Speaker before she makes her decision, along with the views of the usual channels and clerks, which are normally sent to her office by e-mail.
Members of your Lordships’ House who have been involved in PNQs will know that a decision on a PNQ takes place within a very tight timescale. The request is usually put in during early or mid-morning and the decision is announced before the House sits. With that tightness of timescale, it is simply not feasible for the Lord Speaker to clear her diary, possibly at a few minutes’ notice, to meet those who have submitted PNQs. Therefore, I invite the noble Lord, Lord Trefgarne, to consider very carefully whether there is any point referring the matter back to the committee, without any clear instruction, when our views have been so clearly and unanimously expressed.