Private Members’ Bills: Money Resolutions

Andrea Leadsom Excerpts

Monday 21st May 2018 Commons Chamber

[The Leader of the House of Commons (Andrea Leadsom)]

I welcomed the opportunity to respond to the urgent question asked by the hon. Member for Manchester, Gorton (Afzal Khan) two weeks ago, when I set out the Government’s approach to money resolutions. I welcome the opportunity to respond again today.

First, I take my responsibilities to this House very seriously. As you said last week, Mr Speaker, we have a responsibility to safeguard the rights of the House and, as Leader of the House, I seek to do exactly that, treating all Members of Parliament with courtesy and respect. I hope and expect that all right hon. and hon. Members will do likewise. I seek to demonstrate day in, day out that my role as Parliament’s representative in the Government is a duty that is at the heart of all I do. Following the many requests I have received from across the House during this Session, the Government have scheduled debates on vital subjects such as baby loss awareness, housing and anti-Semitism. This week, I am making time available for a debate on serious violence following many calls to debate that vital issue.

We have scheduled more negative statutory instruments for debate on the Floor of the House than any Government in any Session since 1997. We continue to provide Opposition and Back-Bench days in line with Standing Orders. We are providing support to more than 20 very important private Members’ Bills that will make a difference to the lives of people across the country, including the Mental Health Units (Use of Force) Bill introduced by the hon. Member for Croydon North (Mr Reed); and the Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill, introduced by the hon. Member for Westminster North (Ms Buck). I have been working hard with colleagues right across the House to bring forward proposals on a new, independent complaints and grievances policy, safeguarding parliamentarians and staff alike to make this a Parliament that we can all be proud to work in, and to ensure that this is a place where people are treated with the dignity and respect that they deserve.

[Ian C. Lucas (Wrexham) (Lab)]

When Parliament votes, why do the Government feel at liberty to ignore those votes?

[Andrea Leadsom]

The hon. Gentleman will fully appreciate that the Government never ignore the resolutions of this House. I will come to the specifics of the reason for not allowing a money resolution on the private Member’s Bill of the hon. Member for Manchester, Gorton.

[Christian Matheson (City of Chester) (Lab)]

I endorse what the Leader of the House says about treating colleagues with respect, but she is unwittingly making the argument just made by my hon. Friend the Member for Manchester, Gorton (Afzal Khan). Almost nothing that she is talking about requires a vote that is binding on the Government. The trend is the same; the Government are running away from anything on which they have to have a vote, and that is exactly what is happening with the Bill of my hon. Friend the Member for Manchester, Gorton.

[Andrea Leadsom]

I am sure that the hon. Gentleman will realise that that is simply not true. There have been countless votes. Many Bills are already going through this place and several have received Royal Assent. There is a great deal of activity in this Chamber and in the other place. We continue to respect views right across this Chamber, and to adapt and amend legislation in order to improve it wherever possible. This Government are showing the greatest of respect to all parliamentarians.

[Yasmin Qureshi (Bolton South East) (Lab)]

May I ask the Leader of the House a very direct question that was posed by my hon. Friend the Member for Manchester, Gorton (Afzal Khan)? The convention of Parliament is that the money resolution has to be tabled once a private Member’s Bill has had its Second Reading. Second Reading of this Bill happened five months ago, so why has this not happened?

[Andrea Leadsom]

The hon. Lady will be aware that it is for the Government to initiate financial resolutions to commit taxpayers’ money. It is not without precedent not to bring forward a money resolution when the Government believe that it is not in the taxpayers’ interest to do so at the time. I will explain that further later.

The hon. Member for Manchester, Gorton has been quite strong in his language, talking of an abuse of Parliament and accusing the Government of acting in a profoundly undemocratic way. Well, I would strongly put it to him that the Conservative party has done more to support Back-Bench Members than any other in recent history. The Backbench Business Committee was established in 2010, following a commitment in the Conservative manifesto. This has been a much welcomed and successful change. Elections to Select Committees have been introduced. E-petitions have been a huge success, with the Government responding to 125 of them and 22 having already been debated in this Session. We should all be willing to recognise the achievements of the Conservative party in honouring and respecting Parliament. I could go on, but I think I have made the point.

Week in and week out, I raise matters on behalf of Members from all parties with my colleagues in the Government. I assure the House that this will continue.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

May I remind my right hon. Friend that the European Union (Referendum) Bill, promoted by our hon. Friend, James Wharton—sadly no longer in this House—did not receive a money resolution?

[Andrea Leadsom]

My hon. Friend is absolutely right to remind us of that. It is unusual, but there are good reasons why, on occasion, money resolutions are delayed. It is not without precedent.

[Mr Bone]

My right hon. Friend is a superb Leader of the House. Of course she makes our representations to the Government, but unfortunately the Government do not necessarily agree. A money resolution should have been provided for the referendum Bill; two wrongs do not make a right.

[Andrea Leadsom]

I always listen very carefully to the views of my hon. Friend, but I am afraid that I must again draw all hon. Members’ attention to the fact that, as set out in “Erskine May”, it is for the Government of the day to initiate financial resolutions, of which this is one.

[Lloyd Russell-Moyle]

rose—

[Paula Sherriff (Dewsbury) (Lab)]

Will the Leader of the House give way?

[Andrea Leadsom]

I want to make a bit of progress and then I will give way some more.

I now turn to private Members’ Bills specifically. It is absolutely right that Back-Bench Members promote legislation on causes that they and their constituents believe in. However, as Winston Churchill once said:

“Not every happy thought which occurs to a Member of Parliament should necessarily find its way on to the statute book.”

Changes to the law are achieved by way of private Members’ Bills, but it is an important principle that they should make progress only when the ideas behind them have been thoroughly debated and Members are able to win sufficient support from right across these Benches. I gently remind the hon. Member for Manchester, Gorton that it is for the Government of the day to initiate financial resolutions. That is not new, it is not unusual, and it is clearly a constitutional right set out in “Erskine May”. I now give way to the hon. Member for Dewsbury (Paula Sherriff).

[Paula Sherriff]

I thank the Leader of the House. Does she agree that it would be appropriate to lay the money resolution and allow this House to debate it in the usual way, and then, if the Government wished, they could vote against it?

[Andrea Leadsom]

I want to come on to talk about some of the excellent PMBs that are finding their way through—[Interruption.] In specific response to the hon. Lady, money resolutions are brought forward at the appropriate time, and it is for the Government of the day to initiate those money resolutions.

[Mr Harper]

As a member of the Public Bill Committee, I listened carefully to what the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Norwich North (Chloe Smith), said. She did not say that the Government would never bring forward the money resolution. She said that she thought it appropriate given the Boundary Commission’s work, which is quite a long way down the road, to wait until it produced its reports to Parliament and the Government would then reflect further. That seems to me to be a perfectly sensible course of action that should command widespread support in the House.

--- Later in debate ---

[Andrea Leadsom]

My right hon. Friend is exactly right. The Government have decided not to bring forward a money resolution for the time being, but we will keep this under review and will continue to bring forward money resolutions at the appropriate moment.

Many excellent PMBs are currently being taken through Parliament. In the current Session, over 150 have been introduced so far and 13 of them have passed Second Reading. Of those 13 Bills, two have completed all stages in this House and have passed to the Lords. Two further Bills have also received money resolutions and completed Committee stage, and they will have their remaining stages over the next few weeks. Hon. Members will be pleased to note that there is a money resolution for the Health and Social Care (National Data Guardian) Bill, introduced by my hon. Friend the Member for Wellingborough (Mr Bone), on the Order Paper for debate later today.

I would like to draw the House’s attention to the number of PMBs that the Conservatives have supported since 2010. Fifty-three private Members’ Bills have achieved Royal Assent since then, and we expect many more to do so over the course of this Session. That is in stark contrast with Labour, which, in the 2005 Parliament, supported fewer than half that number to achieving Royal Assent. Just 22 Bills made it to the statute book on Labour’s watch.

[Jenny Chapman (Darlington) (Lab)]

I have endured sitting through two inquiries into private Members’ Bills as a member of the Procedure Committee. It is clear that private Members’ Bills get through only if the Government choose that they should get through. The whole system is dysfunctional. There are a hundred ways in which the Government could choose to kill a private Member’s Bill; they happen to be choosing the money resolution route this time. Would it not be more honest for them just to say, “We do not agree with this Bill”? They need to redesign the entire system, because it is dysfunctional and it misleads the public.

[Andrea Leadsom]

I have to say respectfully that I disagree with the hon. Lady. I have read very carefully the reports of the Procedure Committee as they pertain to private Members’ Bills. I sympathise with her on sitting through those Committees; I am quite sure that they had their moments. The Government seek to ensure that all Back-Bench Members get the opportunity to bring forward legislation that matters a great deal to them and their constituents. Having considered proposals from the Procedure Committee, we now have a good way for Members to have the maximum opportunity to create new law.

As I say, 53 private Members’ Bills have received Royal Assent since 2010. I am sure that the whole House will want to join me in wishing Members well as their private Members’ Bills progress, and I would like to highlight what some of those legislative changes will achieve. First, I commend the hon. Member for Rhondda (Chris Bryant) for working with Ministers and colleagues right across the House so that his Assaults on Emergency Workers (Offences) Bill can make progress. That is a vital Bill, with wide support. The measures in it demonstrate to the public and to the criminal justice system that assaults on emergency workers will be dealt with seriously.

[Chris Bryant (Rhondda) (Lab)]

I thank the Leader of the House, and I am enormously grateful to the Government Whip who was enormously helpful in getting my Bill to this stage, but I do not think the Leader of the House should pray me in aid on what the Government are doing. I want her to clarify precisely what she said to the right hon. Member for Forest of Dean (Mr Harper). Is she saying that the Government might bring forward a money resolution if, for instance, the House were to vote down the Boundary Commission’s recommendations? From the Second Reading debate, it seems pretty likely that that is what will happen.

[Andrea Leadsom]

I will clarify what I said to my right hon. Friend. We will keep the money resolution under review, and once we have seen the existing boundary review’s recommendations and been able to consider them, we will think carefully about what to do next with this private Member’s Bill. It is by no means blocked, but at the moment the Government are considering how to take it forward.

[Chris Bryant]

Will the Leader of the House give way again?

[Andrea Leadsom]

No, fond as I am of the hon. Gentleman.

[Conor Burns (Bournemouth West) (Con)]

I am grateful to the Leader of the House for giving way. This seems rather straightforward. Parliament enacted a boundary review, which is currently in progress and will report in the autumn. To grant public money to start another boundary review would be grossly irresponsible of the House, when the money required by that proposal is the equivalent of 300 new nurses.

[Andrea Leadsom]

My hon. Friend is exactly right. The point is that this Bill involves duplication, which cannot be supported because of the cost that it would impose on the taxpayer.

Secondly, I want to pay tribute to my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) for his work in bringing forward the Parental Bereavement (Leave and Pay) Bill. The Government were pleased to bring forward a money resolution, which was then passed by the House. That Bill will provide much-needed support to bereaved parents, so that they can take time away from work to grieve when suffering the unimaginable loss of a child. I commend the all-party parliamentary group on baby loss for all its work on that matter.

I congratulate the hon. Member for Croydon North on the progress of his Mental Health Units (Use of Force) Bill, which will require the publishing of data on how and when force is used and improve oversight and training. The money resolution for that Bill was tabled by the Government and approved last month. I also commend my hon. Friend the Member for Lewes (Maria Caulfield), whose Prisons (Interference with Wireless Telegraphy) Bill will allow public communications providers such as mobile network operators to be authorised directly to prevent, detect or investigate the use of illicit mobile phones in prisons. The money resolution for that Bill was approved by the House just three weeks ago.

As I mentioned, the money resolution for the Health and Social Care (National Data Guardian) Bill, promoted by my hon. Friend the Member for Wellingborough, has now been tabled and will be debated later today. I congratulate him on his work on that important Bill, which will establish a statutory office holder to be known as the data guardian for health and social care. I pay tribute to all those Members for their tireless work on PMBs and for the way in which they have engaged constructively to secure cross-party support.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

There can be no better example of cross-party working and collegiate effort than the Refugees (Family Reunion) Bill, brought forward by the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil). When will we see the money resolution for that Bill?

[Andrea Leadsom]

We will bring forward money resolutions on a case-by-case basis. I have just given a thorough run-through of the Bills that have received money resolutions and those that are about to do so, and all others are under consideration, to be brought forward on a case-by-case basis.

Let me now turn to the Parliamentary Constituencies (Amendment) Bill. I congratulate the hon. Member for Manchester, Gorton on having the good fortune to be drawn third in the private Members’ Bill ballot and on having the opportunity to introduce his Bill, but let me reiterate what my hon. Friend the Minister for the Constitution said in Committee on 9 May and what I said to the House in response to the urgent question on 10 May, and then I will set out further detail of our approach to his Bill.



The boundary commissions began the 2018 parliamentary boundary review in 2016 and are due to report their final recommendations to the Government later this year. The reforms brought about by the review will ensure fair and equal representation for the voting public across the United Kingdom by the next general election. Equalising the size of constituencies in the boundary review will ensure that everyone’s vote will carry equal weight and will significantly reduce the cost of politics to the taxpayer. Without such boundary reforms, MPs could end up representing constituencies based on data that are over 20 years old, disregarding significant changes in demographics, house building and migration. As it stands, some constituencies have twice as many electors as others, and this simply cannot be right.

[Jo Stevens (Cardiff Central) (Lab)]

Will the right hon. Lady give way?

[Andrea Leadsom]

I will give way in a moment.

The commissions have been carrying out some incredibly important work. Initial proposals have been published and there has been a 12-week consultation on them, including regional public hearings. There were 36 public hearings across all regions in England, while Scotland and Wales each held five hearings and Northern Ireland held four, and these responses were then published. The review also involved a four-week period to allow counter-representations to be submitted in response to the consultation. The boundary commissions considered the consultation responses and the counter-representations, and all four boundary commissions then published revised proposals, followed by a written-only consultation of eight weeks. I am sure many hon and right hon. Members will have taken the opportunity to feed in their views.

[Jo Stevens]

I am very grateful to the right hon. Lady for giving way, but she knows, as does every Member of this House, that the boundary review will be based on information about the electorate that is years out of date, so why not scrap it and do it on the basis of the current electoral register?

[Andrea Leadsom]

As I have sought to explain, a lot of work, taxpayers’ money and consideration have gone into a boundary commissions review that will significantly update the information on the basis of which boundaries are set. It is important to allow the review to be completed, and if I may continue, I will provide the hon. Lady with a further explanation.

The Government have committed to continuing this boundary review, and it is important that we allow the boundary commissions to carry out this work, of which much has already been completed, and we will then consider the findings carefully. Given the need to hear the commissions’ conclusions and the fact that a lot of work has already been carried out at a significant cost to the taxpayer, it would not be appropriate to proceed with the Parliamentary Constituencies (Amendment) Bill at this time by providing it with a money resolution.

[Mr Marcus Jones (Nuneaton) (Con)]

My right hon. Friend is making a very good case. My constituents would find it absolutely absurd if the Government committed money to another boundary review without concluding the one that the public voted for in 2015 and committed to again at the last general election in 2017.

[Andrea Leadsom]

My hon. Friend explains the situation very clearly, and he is quite right. Our constituents would not expect us to initiate a new boundary review before we finished the existing one.

The Government have a constitutional duty to initiate financial resolutions in this place, and we are accountable to the people of the United Kingdom for the financial impact of such resolutions. Progressing with this private Member’s Bill might place a financial burden on taxpayers of an additional £8 million.

[Stephen Kinnock (Aberavon) (Lab)]

The Leader of the House talks about a constitutional duty. Does she not think that the Government have a constitutional duty to the 2.1 million people who are not on the electoral register and are therefore not included in this review, and a constitutional duty to do right by the private Member’s Bill of my hon. Friend the Member for Manchester, Gorton (Afzal Khan)?

[Andrea Leadsom]

Once the boundary commissions’ review has been completed, the Government will of course consider the recommendations very carefully, but that review is not yet completed so we must allow it to continue to its completion.

[Lloyd Russell-Moyle]

The Leader of the House’s constitutional duty is to be Parliament’s representative in the Cabinet. Parliament voted overwhelmingly to proceed with this Bill. What representations did she make in the Cabinet to defend the Bill and promote the money resolution that Parliament had voted for?

[Andrea Leadsom]

I can only say to the hon. Gentleman that, as I set out the start of my remarks, I am fully committed to taking into account all the views expressed across the House. I have done and will continue to do so at every possible opportunity.

[Mrs Anne Main (St Albans) (Con)]

The Leader of the House is making it very clear that this is a question of timing as much as anything else. There are only about 12 sitting weeks before we are due to receive the boundary commissions’ report. It seems enormously premature for the Opposition to demand that the money resolution is tabled now rather than waiting 12 weeks.

[Andrea Leadsom]

I totally agree with my hon. Friend. It is vital that we always keep a close eye on value for taxpayers. As I have said, progressing with this particular private Member’s Bill would place a potential financial burden of £8 million on taxpayers. The Opposition may believe that it is perfectly fine to spend this amount of public money on a further boundary review, but, given that we have already committed to the 2018 boundary review, the Government cannot support such extra cost to the taxpayer at this point. With one review under way, plus an incomplete review from a previous Parliament, this review would be the third and would push the total cost of reviewing boundaries towards £18 million. I am sure that many constituents of the hon. Member for Manchester, Gorton would share our concern at any further unnecessary expenditure of taxpayers’ money.

The other private Members’ Bills in this Session also of course have costs attached, but they are costs associated with unique legislation, not that replicated elsewhere. As I have made clear many times, the Government will keep this private Member’s Bill under review, but it is right that we should allow the boundary commissions to report their recommendations before carefully considering how to proceed.

[Mr Kevan Jones (North Durham) (Lab)]

I am sorry, but the right hon. Lady is talking complete nonsense. Is it not a fact that the Government could lay the money resolution now? The idea that that money would be spent is absolute rubbish, and as for the idea that the Bill will somehow go ahead, would it not be a suitable back-up if the boundary commissions’ review were to fall?

[Andrea Leadsom]

I cannot really understand why the right hon. Gentleman wants to support a Bill if he thinks the money will never be spent to enact it. That would be a ludicrous situation.

[Vicky Ford]

Does my right hon. Friend agree that this is not only a significant amount of money but that it creates great uncertainty for the current boundary commissions process, so if the Bill were passed, it would be hugely destabilising for the boundary review and, far from making a better situation, would kick the entire issue into the long grass yet again?

[Andrea Leadsom]

My hon. Friend makes an important point. We need to complete and finalise this boundary review before undertaking any thoughts of a further one such as that proposed by this private Member’s Bill.

[Nigel Huddleston (Mid Worcestershire) (Con)]

The Leader of the House has mentioned a figure of £8 million. I wonder how many hours of graft by our constituents it would take to generate the taxes to pay for that incremental review. Certainly the constituents of those of us on this side of the House would never forgive us if we enacted something to pay for something we did not need and that was not desired.

--- Later in debate ---

[Andrea Leadsom]

My hon. Friend is absolutely right. On this side of the House, we always look for good value for taxpayers’ money, so embarking on a new boundary review before the existing one is finished would be absolute nonsense.

[Laura Smith (Crewe and Nantwich) (Lab)]

I am sorry, but it is completely disingenuous to say that this is a financial issue. For the Tories, boundary changes have always been about electoral maths.

[Andrea Leadsom]

The hon. Lady is not correct. The debate is about money resolutions, and they are most certainly financial matters. This Government will always look after the financial interests of the taxpayer.

[Rachel Maclean (Redditch) (Con)]

Does my right hon. Friend agree that, contrary to what we have heard from Opposition Members, this is about money? My hospital in Worcestershire is due to receive £29 million from the Government. Does the hon. Member for Manchester, Gorton (Afzal Khan) think that my constituents should not have their hospital so that he can have his political project?

[Andrea Leadsom]

My hon. Friend is exactly right to raise the fact that money can be used in various ways, and that duplicating a constituency boundary review is not good value for taxpayers’ money at this moment in time.

[James Cartlidge]

May I assure my right hon. Friend that I have not had a single email, tweet, Facebook message, letter, or any other form of epistle calling for a money resolution on this Bill, but that I receive correspondence on an hourly basis calling for us to show prudence with taxpayers’ money?

[Andrea Leadsom]

I can say exactly the same to my hon. Friend. I have not received any representations on this matter from members of the public either. I am quite sure that, if they found out what the Bill proposes to spend on replicating an existing review, they would not be best pleased.

[Damian Green (Ashford) (Con)]

Does my right hon. Friend agree that for once the indignation of those on the Labour Benches is not synthetic? They are trying to keep an unfair electoral distribution, which the boundary review is looking at so that we can actually have a fair distribution of numbers across constituencies. As it happens, that would disadvantage the Labour party. All Opposition Members are trying to do is delay the proper democratic boundary commission process for their own party advantage.

[Andrea Leadsom]

My right hon. Friend rightly points to the fact that we are seeking to ensure equal representation. That is at the heart of the boundary review and it is quite right that we should do that.

Some Members have argued that the decision is unprecedented and that money resolutions should follow Second Reading as night follows day, but I am afraid that that is not the case. Previous Governments have had to take similar action and for similar reasons that are in play with this particular Bill. For example, in a previous Parliament the Government declined to bring forward a money resolution, and the Minister at the time said:

“I am sorry to tell the Committee that we have been led to the conclusion that there are such major difficulties of principle involved and such operational costs seem likely to be incurred as to outweigh the benefits and we are consequently unable to support the Bill.”

During the 2014-15 Session, the coalition Government decided not to bring forward money resolutions for two Bills. At the time, the then Leader of the House said:

“it is unusual but not unprecedented for the Government not to move a money resolution. There have been previous instances of that under Governments of different parties.”—[Official Report, 30 October 2014; Vol. 587, c. 417.]

In conclusion, I have sought to explain why the Government do not plan to table a money resolution at this time for this particular Bill. This action is not without precedent and we welcome the good progress that is being made by a number of other private Members’ Bills. I also want to assure all hon. and right hon. Members of my own personal commitment to representing Parliament within Government. I am dedicated to championing and safeguarding the role of this House and all its Members, whether through its work in improving legislation, representing constituents or holding the Government fully to account for their actions.

I have outlined the steps I have taken and will continue to take to ensure that the House has the opportunity to debate and scrutinise the key issues that affect people across the UK. I make a commitment today that I will continue to uphold the rights of this House and continue to listen to the views expressed by all Members, no matter on which side of the House they sit. Importantly, whether in this Chamber or outside it, I will continue to treat all hon. and right hon. Members with respect and courtesy, as befits the hundreds of years of democratic tradition in this place.