Procedure of the House

Lord Touhig Excerpts

Wednesday 9th January 2013 Lords Chamber

[Lord Barnett]

My Lords, I declare an interest. I have occasionally put down Questions. Much of what has been said I entirely agree with. I certainly agree with the noble Baroness. I have never had to wait for three hours to put down a Question and I have put down a fair number of Questions. I have also been very interested to hear that it is all a matter for Back Benchers. Perhaps my noble friends on our Front Bench would note that.

My noble friend Lord Harris made the very important point that if we were to accept this it would not be a fair trial. It is totally confusing. I congratulate the Chairman of Committees on what he said. The present situation is not ideal. There is not an ideal situation available and it is going to get worse. If the rumours I hear are correct—that the Prime Minister is going to introduce another 100 Peers because having lost Lords reform they are now going to destroy us by numbers—it will make the situation even worse and is another reason for the committee to rethink. I hope that the Chairman of Committees will have listened to what has been said today. We cannot expect an ideal solution and I do not expect the committee to come up with one. However, I do expect it to reconsider this. I hope the Chairman of Committees will think very carefully and not press this to a vote. He should take it back for reconsideration. That would be the ideal solution today and I ask him to do just that.

[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.