Private Members’ Bills: Money Resolutions

Afzal Khan Excerpts

Monday 21st May 2018 Commons Chamber

[Afzal Khan (Manchester, Gorton) (Lab)]

I beg to move,

That this House has considered the expectation that the Government brings forward a Money resolution relating to a private Member’s bill which has received a second reading.

Five months on from Second Reading, the Government have yet to bring forward a money resolution on my private Member’s Bill, the Parliamentary Constituencies (Amendment) Bill. This is an abuse of Parliament. The Government are making a mockery of the private Member’s Bill process. They are defying the will of Parliament and going against explicit commitments given to a Select Committee. These are the actions of a weak Government who are hiding behind procedure to avoid a vote they know they cannot win. We will not stand for it. We will fight for democracy, and we will always fight for what is morally and ethically right to serve our people.

It is an established parliamentary convention that the Government bring forward a money resolution on private Members’ Bills that have received a Second Reading. Until recently, the Government largely followed this convention; they are now running roughshod over it.

In 2013, giving evidence to the Procedure Committee when he was Leader of the House of Commons, Andrew Lansley said:

“To my knowledge, Government has provided the money resolutions…whenever we have been asked to do so.”

The Procedure Committee’s 2013 report therefore concluded:

“Government policy is not to refuse a money or ways and means resolution to a bill which has passed second reading.”

During debate on the money resolution for the Access to Medical Treatments (Innovation) Bill, the hon. Member for Mid Norfolk (George Freeman), as Parliamentary Under-Secretary of State for Life Sciences, clearly stated

“I just want to confirm that once the House has given a private Member’s Bill a Second Reading, the convention is that the Government, even when they robustly oppose it, always table a money resolution… Doing so is not a signal of Government support; it is absolutely in line with the convention of the House with all private Members’ Bills, whether we oppose or support them.”—[Official Report, 3 November 2015; Vol. 601, c. 926.]

[Mr Peter Bone (Wellingborough) (Con)]

I am following the hon. Gentleman’s speech with great interest and I agree entirely with it so far. Does he agree that the Government must table a money resolution, although they do not have to vote for it?

[Afzal Khan]

Absolutely. I agree with the hon. Gentleman that the Government can table the money resolution but not then have to agree with it.

The Government have changed their line. Last week, the Leader of the House said:

“money resolutions will be brought forward on a case-by-case basis as soon as possible.”—[Official Report, 10 May 2018; Vol. 640, c. 894.]

There is clear water between saying the Government will always table a money resolution and saying that this will be considered on a case-by-case basis. What has changed since 2015? We have had the disastrous 2017 election, when the Government lost their majority.

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

Will the hon. Gentleman give way?

[Afzal Khan]

Let me make some progress and then I will be happy to give way. Too weak to defeat my Bill on a vote, the Government are hiding behind a procedure that they know is wrong. The convention is also that money resolutions are brought forward in the order that Bills pass Second Reading. Members will have seen on today’s Order Paper that the Government have tabled a money resolution for a health and social care Bill. It is the second Bill the Government have leapfrogged over mine. The Prisons (Interference with Wireless Telegraphy) Bill was given a money resolution at the beginning of May, even though its promoter came out 13th in the ballot, whereas I came out third.

The only logic to when the Government are bringing forward a money resolution is: what will help them avoid challenge? We know many on the Government side are willing to vote against them on my Bill, both for principled reasons and because reducing the number of MPs will mean that some Conservatives will lose their seats—turkeys do not vote for Christmas. Based on the 2017 general election results, 34 Conservative MPs are set to have their seats abolished or to lose to Labour at the next election, with the list including six Cabinet Ministers and six other Ministers. The Parliamentary Secretary, Cabinet Office, the hon. Member for Norwich North (Chloe Smith), who is in charge of my Bill for the Government, is set to lose her seat to Labour if the current boundary proposals go ahead. The Government’s motives are clear: this is not about principles, but about electoral maths. This is not just happening with my Bill; money resolutions are part of a pattern of this weak Government abusing Parliament to avoid scrutiny and challenge.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

Does my hon. Friend agree that the public will see that a money resolution delayed is actually democracy denied to this Chamber?

[Afzal Khan]

Last week, the Government made a statement on an Opposition day to crowd out debates on Grenfell and Brexit later in the day. The Government denied the Opposition prior sight of that statement, which ended up being a damning indictment of transport policy. The week before, the Chair of the Select Committee on Home Affairs called out a Minister and officials for being “slippery” and for “playing games” with the Committee on the incredibly serious topic of Windrush. Looking back, some could say that the Government’s evidence to the Procedure Committee now looks slippery. Of course, we also have the ongoing scandal of the Government first refusing to vote and then refusing to act on Opposition day motions. In Grenfell, Brexit and Windrush, we are talking about the defining issues of our day, yet even on those, this weak Government are comfortable abusing parliamentary procedure to avoid scrutiny and challenge.

[Jeff Smith (Manchester, Withington) (Lab)]

My hon. Friend is making an excellent speech and I completely agree with it. Does this not point to a much wider issue, which is the ridiculous process we have to go through on private Members’ Bill in this House? Is it not time we had a private Members’ Bills process where Bills could not be blocked by filibustering or by the whim of the Government?

[Afzal Khan]

I agree with my hon. Friend.

My Bill cuts right to the heart of our democracy. The number of MPs who represent our country affects our ability to represent constituents, their ability to hold us accountable, and Back Benchers’ ability to hold the Executive to account. That outcome cannot be dictated by party politics—

[James Cartlidge (South Suffolk) (Con)]

Does the hon. Gentleman think that the public, who would be asked to find several million pounds extra, would welcome the money resolution for his Bill?

[Afzal Khan]

If the hon. Gentleman will wait, I will cover that point.

That outcome cannot be dictated by party politics, yet from the beginning the Government have sought to use boundary changes to gerrymander the political map in their party’s favour. The Conservatives stand to win a greater proportion of the seats in a smaller Parliament.

[Vicky Ford (Chelmsford) (Con)]

Will the hon. Gentleman give way?

[Afzal Khan]

Let me make some progress; I will give way again later.

The Conservatives stand to benefit from disenfranchising the 2 million people who have registered to vote since 2015, some 700,000 of whom are young people under 30. The power of the Executive will be enhanced by cutting the number of MPs without reducing the number of Ministers.

Political parties are important, but partisanship is fracturing our democracy. We can all agree that a boundary review is long overdue. My Bill is a serious attempt to come to a cross-party consensus to find a way forward that is workable and that has the support of the House. The proposals should be debated and scrutinised in Committee, not decided in the back rooms of Government offices.

[Several hon. Members rose—]

[Afzal Khan]

We have three hours for this debate; let me put my case, and then we will debate.

In outright disregard for democracy, this minority Government are abusing their Executive power to defy the will of the House. My private Member’s Bill passed its Second Reading unanimously. Since then, the support that I have received from all parts of the House has been remarkable. During the recent urgent question on this subject, Opposition parties were united in calling for the Government to bring forward a money resolution. The shadow Leader of the House, my hon. Friend the Member for Walsall South (Valerie Vaz), called this “an unprecedented position.” The hon. Member for Perth and North Perthshire (Pete Wishart) from the Scottish National party called it

“a tactic to thwart the democratic progress of Bills that have been passed in this House.”—[Official Report, 10 May 2018; Vol. 640, c. 897.]

The right hon. Member for Orkney and Shetland (Mr Carmichael) condemned the Government’s actions, saying:

“The purpose of the Government having the power to bring forward a money resolution is to give effect to the will of Parliament, not to thwart it.”—[Official Report, 10 May 2018; Vol. 640, c. 898.]

It was even more extraordinary to watch Conservative Members line up to dress down their own Government’s Minister. One after another, they accused the Government of carrying out “an abuse of Parliament”; of “denying a democratic right” of Parliament; of breaching undertakings they had given to the Procedure Committee; and of sending out the Leader of the House to “defend the indefensible”. As the hon. Member for Wellingborough (Mr Bone) put it, the Government sent the Leader of the House

“to the wicket not only without a bat, but without pads or a helmet.”—[Official Report, 10 May 2018; Vol. 640, c. 900.]

Mr Speaker, you have been extremely clear on your position that the Government should bring forward a money resolution and impose some “logic and reasonableness” on the process. Despite the clear and overwhelming will of the House, the Government have still not introduced a money resolution. The role of the Leader of the House is to represent the House in Cabinet; up till now, her behaviour has been much more like that of the Cabinet’s representative in the House. Several times, the Leader of the House and other Ministers have referred to the Conservative manifesto pledge to continue with the boundary review. Of course, that manifesto did not win the Conservatives a majority in this House. For a minority Government to defy the will of the House in this way is deeply undemocratic.

Another pledge in the 2017 manifesto was to address the size of the House of Lords. Over the weekend, the Government tried to bury the news that they were appointing nine Tory peers. Unlock Democracy was right in accusing the Government of cowering in the shade. That has been widely reported as a move to prevent more defeats in the European Union (Withdrawal) Bill. It seems that the Prime Minister is willing to keep to the letter of her manifesto when it is politically convenient and to abandon other pledges when it is not.

Defying the will of the House is an abuse of Executive power. Their power to bring money resolutions comes from the financial initiative of the Crown—the Leader of the House referred to that initiative to defend the Government last week. It is deeply disingenuous to claim that they are blocking my Bill for financial reasons. Under this Government, boundary changes have always been an issue of electoral maths. How can my Bill be a financial issue when the Prime Minister has just appointed 13 additional peers with all their associated costs? She is increasing the size of the unelected House of Lords, while cutting MPs in the elected Commons. She pays lip service to cutting the cost of politics, but will ultimately do whatever is in her party’s interest.

In conclusion, it is perhaps no surprise that, the weaker the Government, the lower they will stoop to avoid defeat. In refusing to bring a money resolution for a private Member’s Bill, the Government are trampling on parliamentary procedure, defying the will of the House and abusing their Executive power in pursuit of their electoral interests. The Bill will uphold the importance of checks and balances. We have been elected to serve the people, not ourselves. Those are the basic principles of modern democracy. Partisan gerrymandering is becoming only more pervasive. I urge the Government to make a meaningful change. I encourage the Leader of the House to go back to her colleagues in the Cabinet and bring a money resolution to the House before our Committee meets again on Wednesday. This weak Government’s motives are transparent. They are not fooling anyone.

--- Later in debate ---

[Afzal Khan]

With the leave of the House, I thank all Members for their contributions. It has been a wide debate. My Bill has the unanimous support of the House, and the Government should follow the procedures that they have followed and affirmed until recently, and table a money resolution. If they then want to vote against it, they can, but they need to table the money resolution so that we can have a debate. My Bill covers a vital constitutional issue and this cannot happen in the backrooms of Government.

Question put and agreed to.

Resolved,

That this House has considered the expectation that the Government brings forward a Money resolution relating to a private Member’s bill which has received a second reading.

Private Members’ Bills: Money Resolutions

Afzal Khan Excerpts

Thursday 10th May 2018 Commons Chamber

[Afzal Khan (Manchester, Gorton) (Lab)]

(Urgent Question): To ask the Leader of the House if she will make a statement on the Government’s policy on introducing money resolutions for private Members’ Bills.

[Mr Speaker]

Before I call the Leader of the House to respond to the urgent question, and in conformity with the recent trend of acknowledging and celebrating birthdays, I am disclosing to the House, because I have been informed, that the Leader of the House’s birthday is on Sunday, so we wish her a happy birthday.

--- Later in debate ---

[Andrea Leadsom]

I could not possibly comment, but I am obviously extremely grateful.

I welcome the opportunity to respond to the question asked by the hon. Member for Manchester, Gorton (Afzal Khan) ahead of business questions today. I have been clear about the Government’s general approach to money resolutions in business questions in recent weeks. On 22 March 2018, I responded to a question from the hon. Member for Croydon North (Mr Reed), saying:

“Discussions are carrying on through the usual channels and money resolutions will be brought forward on a case-by-case basis as soon as possible.”—[Official Report, 22 March 2018; Vol. 638, c. 407.]

I am pleased that the Government have been able to bring forward money resolutions for three Bills so far and that a number of important Bills are making progress. We will continue to look at providing money resolutions for those Bills that require them in the usual way and on a case-by-case basis.

With regard to the Bill of the hon. Member for Manchester, Gorton, as the Minister for the Constitution, my hon. Friend the Member for Norwich North (Chloe Smith), set out at Committee stage yesterday, the Boundary Commission for England began the 2018 parliamentary boundary review in 2016 and is due to report its final recommendations to Government later this year. The Government have a manifesto commitment to continue with this boundary review, and as it has not yet reported, it would not be appropriate to proceed with the Parliamentary Constituencies (Amendment) Bill at this time. The Government will keep this private Member’s Bill under review, but it is right that we allow the Boundary Commission to report its recommendations before carefully considering how to proceed.

The financial initiative of the Crown is a long-standing constitutional principle, which means it is for the Government of the day to initiate financial resolutions. As I have said and will continue to say, the Government will bring forward further updates on money resolutions, including for the hon. Gentleman’s Bill, in future business statements in the usual way.

[Afzal Khan]

I thank the Minister for her response.

I believe the actions of the Government are deeply undemocratic. The private Member’s Bill on parliamentary constituencies in my name is of fundamental constitutional importance. It passed Second Reading unanimously. The Government are trying to frustrate the democratic will of Parliament and to block the Bill by procedure.

I do not deny that my Bill is controversial, but it is also reasonable. Whatever arguments can be made for or against it should take place here, between Members and in front of the public, rather than in the backrooms of Government offices. Private Members’ Bills are one of the few ways Back-Bench MPs have to make an impact in this place. It is ironic that the Executive are overreaching on a Bill that seeks to defend the power of Back Benchers.

The precedent that the Government are setting will not only block my Bill, but will allow the Government to halt any future private Members’ Bill, such as the Refugees (Family Reunion) (No. 2) Bill, which passed Second Reading with enormous support from across the House. The Bill Committee meets again next week. Will the Minister reconsider her inconsistent and undemocratic approach to money resolutions and bring one forward today in time for the Committee to fully consider the Bill next week?

This House is owed an explanation of why the Government have taken such an inconsistent and partisan approach to granting money resolutions to private Members’ Bills. This is a serious undermining of the rights and privileges of this House by the Executive. It is time the Leader of the House stood up to her Cabinet colleagues on this matter.

[Andrea Leadsom]

As I have said, a number of private Members’ Bills are currently making their way through Parliament. We continue to look at providing money resolutions for those Bills that require them in the usual way, which is on a case-by-case basis. The financial initiative of the Crown is a basic constitutional principle, which means that it is for the Government of the day to initiate financial resolutions. This is a long-standing constitutional principle that is set out in “Erskine May”. The Government will keep the hon. Gentleman’s private Member’s Bill under review, but it is right that we allow the Boundary Commission to report its recommendations before carefully considering how to proceed.