House of Commons Business Debate

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Department: Leader of the House

House of Commons Business

Angela Eagle Excerpts
Thursday 8th May 2014

(10 years, 7 months ago)

Commons Chamber
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Lord Lansley Portrait Mr Lansley
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My hon. Friend asks me to complete my speech, which, happily, is what I intend to do.

The interpretation of the Standing Order that allowed the selection of the third amendment on that final day leaves open the possibility of an unlimited number of amendments for separate debate. That introduces both an unwelcome element of uncertainty, in particular if Members were to table several amendments regretting the exclusion of their favourite Bill from the Queen’s Speech. I am not sure that Members or the Chair would want such a rich choice; nor do I think it was the intention of the Standing Order, when it was originally drafted, to permit votes.

What I am seeking, for the benefit of the House, is greater certainty. Members will want to know the maximum number of amendments that may be selected in order to judge whether to table one themselves. It is a matter of degree as to whether the total number of amendments selected should be limited to three or four. Do we want to spend more time debating or voting? The question in my mind originally was: what is the purpose of amendments, principally when the debate on the motion for an address is concerned? It is, essentially, an opportunity for competing views on the legislative programme as a whole to be debated. Therefore, my original preference is for what we had thought was the status quo—that is, three amendments under the Standing Order—but I am congenitally relaxed about the number being four.

Angela Eagle Portrait Ms Angela Eagle (Wallasey) (Lab)
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It is good to see the Leader of the House congenitally relaxing in the Chamber. Looking back at the record, does the right hon. Gentleman agree that it is only since the second world war that we decided to choose so few amendments to the Queen’s Speech. It was, in fact, a regular occurrence previously to see six or eight amendments—or even 13 in 1904. Why has he picked on four for today’s motion?

Lord Lansley Portrait Mr Lansley
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I picked on four because that was the number recommended by the Procedure Committee as its preferred figure—and I think that is right, actually. It seems to me that going further would tip the balance too far. I take the shadow Leader of the House’s point about what might have happened in the further reaches of the last century, but for nearly 40 years we operated on the basis of having no more than three amendments. Technically, and strictly, the Standing Order was not unambiguous. As it turned out, it had been interpreted previously as meaning three amendments, but it was capable of being interpreted as meaning more, or any number. In my view, it is not the purpose of Standing Orders to be ambiguous; their purpose is to be clear. The Procedure Committee took the view in its original proposal that four was appropriate. I was not of that view, but I am content to support it: there is no point in having a Procedure Committee and then not listening to it; we listened very carefully.

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Angela Eagle Portrait Ms Angela Eagle (Wallasey) (Lab)
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I will address each motion in turn, although it is a bit unfortunate that the Leader of the House has chosen to shoehorn all these quite disparate reports into one short debate, because it makes it hard for us to do justice to the detail in the time allowed. However, I shall do what I can to achieve that.

If we are to make our proceedings more transparent, understandable and accessible to the general public, Parliament must always be open to making changes to its more arcane procedures. At a time when there is increasing alienation and disengagement from politics, it is crucial to foster positive engagement and make the case for reinvigorating a lively and vibrant democratic debate with the Commons at its centre. We should judge the motions before us against that aspiration.

The first motion is on e-petitions. In the 21st century, it is surely right to facilitate the use of digital access to Parliament and Government, and may I take this opportunity to congratulate the Government on introducing an e-petitions site on the No. 10 web pages, which has proved very popular? Indeed, some important issues have been debated in the House as a result of the new process—not least the Hillsborough disaster and the subsequent injustices faced by the victims’ families.

The problem has been the misunderstandings that the Government’s e-petitions site has fostered among the public. As the Procedure Committee pointed out in its seventh report in the 2010 to 2012 Session, the way in which the Government established the e-petitions system caused a great deal of confusion in the public mind between the Executive and the legislature. Understandably, it also raised false expectations among members of the public who organised petitions about what might be the effect of reaching 100,000 signatures for their proposition. My hon. Friend the Member for North East Derbyshire (Natascha Engel), who chairs the Backbench Business Committee, which has a role in trying to schedule some of these debates, has long had to cope with the anger and disappointment of those members of the public who felt that they were misled by what the Procedure Committee identified as the

“failure, on the part of the Government, adequately to explain the process to petitioners.”

So after two years of prevarication about how to improve the e-petitions system, we have now had a sudden late flurry of activity from the Leader of the House, and it seems to have taken some of our Select Committee colleagues by surprise. Last week, he seemed to be on a collision course with three House Committees about the appropriate way forward, in a reprise of his feat on the lobbying Act. He has thankfully backed off a little and agreed the compromise motion we have before us.

It is certainly one solution to suggest that e-petitions are jointly run between Parliament and the Government, and I am encouraged at the prospect of members of the public having a greater clarity and a clearer path to influencing the Government as well as Parliament with their petitions. There is, though, also a strong case for handing the e-petitions system over to Parliament in its entirety. Indeed, that is the case made in the amendment tabled by my hon. Friend the Member for Nottingham North (Mr Allen), who chairs the Political and Constitutional Reform Committee. However, his amendment rather pre-empts the work that we should be asking the Procedure Committee to do on the way forward, so I am happy to support the motion unamended, but that does not mean I disagree with every aspect of what he says.

Angela Eagle Portrait Ms Eagle
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I can see that my hon. Friend is itching to get up, so I will certainly give way.

Graham Allen Portrait Mr Allen
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To ensure that my hon. Friend does not have something on the record with which she feels uncomfortable, may I say that I am not proposing that the House takes over the whole of e-petitioning? On the contrary, I am very clear, and I will make this clearer in my remarks, that there has to be a separation, with appropriate petitions to the Government and to Parliament. There are two different functions, and I want to be clear so that she does not misinterpret my amendment.

Angela Eagle Portrait Ms Eagle
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I am looking forward to my hon. Friend’s speech, in which I believe he will go into the detail of the work we all hope the Procedure Committee will be doing as it looks to the future. I hope it will be able to come up with recommendations that the whole House can agree on as to how to make the e-petitions system more robust, transparent and understandable to members of the public. I know that he will have important points to make about that. The Opposition look forward to working with the Procedure Committee as it drafts proposals for implementation at the start of the next Parliament.

We must be careful not to see e-petitions as some kind of silver bullet that will help us to solve the crisis of political engagement in our country. Undoubtedly they have a part to play, but we have to keep things in perspective. This Government came to office making some very grand promises about the “biggest shake-up” of British democracy since the Great Reform Act 1832, but the reality has been somewhat smaller in scope than that vainglorious ambition: we have had a failed attempt to reform the Lords, a massive and clearly partisan increase in the number of unelected peers, and a lobbying Act so bad it should actually have been described as a charter for lobbyists. Ranged against the massive failure of delivery, making welcome but small and slow progress on e-petitions seems a very small improvement, although a welcome one.

That brings me on to the second motion, which concerns the outcome of the Government’s work on parliamentary privilege. The Conservative party began this in opposition by promising a parliamentary privilege Act to make sure that MPs cannot

“claim parliamentary privilege to evade justice”.

That intention was repeated in the Conservative manifesto and in the subsequent coalition agreement. Since then, it has become clear from the outcome of court cases, especially the Chaytor judgment, that MPs cannot use parliamentary privilege to evade justice, and that the current Government were actually tilting at windmills when they were in opposition. Following the Government’s Green Paper on privilege and the work of the Joint Committee on Parliamentary Privilege, which was published in June 2013, it has become clear that there is no need for a parliamentary privilege Act. Today’s motion implicitly accepts that and instead suggests a few minor but sensible clarifications of existing practice.

The motion accepts the Joint Committee’s suggestion in paragraphs 226 and 227 of its report that any legislation which creates individual rights that might impinge on the activities of both Houses should, for the avoidance of doubt, expressly say so. That will reinforce official guidance issued by the Treasury Solicitor in 2002, which has been more honoured in the breach than in the observance. It is certainly desirable that there is consistency across government about the way in which Bills are drafted when they may impinge on this issue, and the Opposition support this clarification. As the hon. Member for Harwich and North Essex (Mr Jenkin) helpfully pointed out, it is in the interests of a healthy parliamentary democracy that MPs can speak on the Floor of the House without fear of being sued for libel by powerful interests which may be seeking to silence them—that is an example of how this principle is applied in practice. In many ways, I feel that the term “privilege” could almost have been invented to be misunderstood as meaning some kind of privilege for individuals—Members of this House—which puts them above the rights of others. We have that capacity to speak in this way only so that we can represent the interests of our constituents and those who voted to send us to this place. That is surely in the interests of robust democracy. The term “privilege” is often very misunderstood by people outside in a very unhelpful way.

Robert Buckland Portrait Mr Robert Buckland (South Swindon) (Con)
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The hon. Lady puts the point very well. To reinforce what she says about privilege attracting to proceedings in Parliament as opposed to individuals, may I say that members of the public who give evidence in Select Committee proceedings can be protected by that privilege too? That is an important example of the relevance of proceedings as opposed to individuals here.

Angela Eagle Portrait Ms Eagle
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I could not agree more. I believe the hon. Gentleman served on the Joint Committee—

Robert Buckland Portrait Mr Buckland
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No, I served on the Committee on Standards.

Angela Eagle Portrait Ms Eagle
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The hon. Gentleman, who served on the Committee on Standards, makes an extremely good point: the term “privilege” applies not only to Members of Parliament, but, much more appropriately, to proceedings of this Parliament. That is there to protect our democracy from being undermined by powerful forces which may have more finance at their disposal to try to intimidate those who wish to represent their constituents robustly.

Graham Allen Portrait Mr Allen
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Will my hon. Friend consider, or even request the Procedure Committee to consider, changing the word, redefining “privilege” and saying that in future Acts, past Acts and in Standing Orders we should refer simply to “freedom of speech” in Parliament?

Angela Eagle Portrait Ms Eagle
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I suspect that will not do, because of the history of how parliamentary privilege has developed. The Joint Committee did think about looking at a review of previous Acts of Parliament so that we could deal with this point and concluded that it would actually cause more trouble and anomalies than it would solve.

Bernard Jenkin Portrait Mr Jenkin
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I support the hon. Lady’s response to the hon. Member for Nottingham North (Mr Allen) because he has just made the classic error of thinking that privilege refers solely to freedom of speech in Parliament, and it does not, as my hon. Friend the Member for South Swindon (Mr Buckland) said. The term “privilege” is a technical one that applies in many spheres of life; we talk about legal privilege for solicitors and the privilege of the courts, and we should not try to redefine the term, as we would be tempting the courts to start to adjudicate on the very thing we do not want to tempt them to adjudicate on. That shows the importance of her explicit endorsement of these two paragraphs of our report.

Angela Eagle Portrait Ms Eagle
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The hon. Gentleman is right. It is a knotty and a thorny issue. I suspect that we need a translation of the term, so that lay people who are not technically proficient in constitutional law can understand that it is a good thing rather than something that gives Members of Parliament, or others who may be giving evidence in the House, a significant advantage.

Robert Buckland Portrait Mr Buckland
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I am fascinated by this aspect of the debate. I think that the London mob of the 1640s understood what the word “privilege” meant when they used to shout it at the King as he passed by in his carriage. I think we should stop apologising to the public and assuming that they are not capable of understanding such words. If we show leadership and explain the meaning of the words, of course the public will understand them. Let us avoid iconoclasm; let us use these honoured and great words in the spirit in which they were originally intended.

Angela Eagle Portrait Ms Eagle
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I always worry about iconoclasm. There have been certain ages in our history when it has played an interesting role. Perhaps Members should embark on a tour immediately to explain to people out there how important these concepts are to the health of our democracy. I think we all agree on that, but we need to translate it into phrases that can be easily understood by those who do not have a degree in constitutional law.

As I have said, we are more than happy to support the general view that the Government have now reached, after much work. They have sensibly declined to introduce a codification of parliamentary privilege, and have provided helpful clarifications. However, I have one further question to ask before I leave the issue of privilege. The Joint Committee suggested in its report that the Government should repeal section 13 of the Defamation Act 1996, which might more accurately have been named “the Hamilton amendment”. It was disgracefully inserted by the last Conservative Government to facilitate the issuing of a libel action in the “cash for questions” scandal by the then Conservative Member of Parliament, now UKIP fundraiser, Neil Hamilton, allowing him to waive privilege in order to sue The Guardian. The Joint Committee observed that that had created indefensible anomalies which should not be allowed to continue, and I agree. Perhaps, when he winds up the debate, the Deputy Leader of the House will confirm that the Government intend to repeal section 13 through the Deregulation Bill, which is due to be debated in the House on Wednesday.

The third motion relates to a proposed trial of new arrangements for the tabling of amendments to Bills on Report. I welcome the suggested earlier deadline, and agree that it is important to ensure that we have enough time to draft a detailed supplementary programme motion that will enable us to debate all the groups of amendments. During the current Parliament, too much legislation has been passed without the House having had an adequate chance to debate it. The Government have also got into the habit of dropping controversial changes to their Bills into the legislative stages in the Lords, thereby avoiding effective scrutiny in the Commons.

The abolition of the Agricultural Wages Board is perhaps the most egregious example of that wholly regrettable practice. It was inserted into a Bill at the last minute during its House of Lords stages. The Bill then returned to the Commons, but our amendments were effectively talked out. We were able to debate the board’s abolition in the Chamber on an Opposition day, but by then the legislation had already been passed.

David Nuttall Portrait Mr David Nuttall (Bury North) (Con)
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Does the hon. Lady not accept that during the final eight parliamentary Sessions under the last Labour Government, 16 groups of amendments were not reached on Report? That is made clear in the appendix to the third report of the Procedure Committee.

Angela Eagle Portrait Ms Eagle
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I am not trying to suggest that the issue rests solely with the current Government. In fact, it has arisen because of the issue of timetabling itself. I am long enough in the tooth to have been in the House before there was any timetabling, although there were guillotines, which could not be applied until a Bill had been debated for three hours. That system had advantages and disadvantages. Programming also has advantages and disadvantages, but I think that, if we are to have it, we must try to ensure that games are not played, and it is not possible for swathes of Bills to be passed without debate because the end of the timetable has been reached.

There is always tension between the time that is allowed for a Bill to pass through its stages and the tactical game-playing in which Oppositions, Governments or large groups of Back Benchers—or, indeed, small groups—may engage in order to have a particular effect on a Bill. I think it important for us to try to ensure that groups of amendments have at least a reasonable chance of being debated.

Mark Durkan Portrait Mark Durkan (Foyle) (SDLP)
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Does the hon. Lady not find it strange, given the number of Members who assert the primacy of this, the elected Chamber, when it comes to arguments about voting systems and House of Lords reform, that time limits that do not apply elsewhere are tolerated here, along with the convention that Governments who do not accept amendments in this House will, if the amendments are worthy, table them themselves in the House of Lords?

Angela Eagle Portrait Ms Eagle
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That is an important point. In this House, simply because the Government normally have a majority and because timetabling exists, there is the capacity for Bills pass through their stages fairly quickly. No such capacity exists in the other place, and the Government of the day are therefore tempted to try to get their Bills through this House as rapidly as possible and then fix them in the other House. That is a real problem when the other House is not democratic. I think that we must see what we can do to improve the capacity of this House to scrutinise legislation, albeit in the context of the generally accepted view that, in the British political system, the Government should be allowed to secure their legislation. The Opposition and other Members ought to be allowed to scrutinise Bills adequately as well, and it is with that balance that we are wrestling now.

Another issue that I raised in a letter to the Chair of the Procedure Committee about the proposed trial is the importance of giving Opposition parties enough time to respond to Government amendments when they are tabled. I know the Government say that they try to table amendments a week before the deadline, but that happens too infrequently. Perhaps the Deputy Leader of the House will tell us whether he would consider extending the trial and giving the Government a deadline perhaps a day before that given to other Members, so that opposition Members—be they small groups of Government Members, large groups of Government Members, or members of the Official Opposition—have a chance to respond to Government amendments in a sensible way.

The final motion proposes changes to Standing Order No. 33, which relates to amendments to the Queen’s Speech. To date, Mr Speaker, you have had discretion to decide which amendments will be called in the debate following the Queen’s Speech, which sets out the Government’s legislative programme for the parliamentary Session. The amendment to the Standing Order proposes to change that by limiting the number of amendments that you may call to four. That extends by one the number to which the Government were originally determined to limit you, and it represents a welcome Government climbdown in the face of a likely defeat. We naturally support it, with good grace and, perhaps, a little snigger.

I am sure that Members will recall last year’s Queen’s Speech, when nearly 100 Conservative Eurosceptic Back Benchers tabled an amendment to “respectfully regret” their own Government’s legislative programme, and 130 Members backed it in what was a humiliating blow to the Prime Minister’s authority. The amendment forced the Prime Minister to commit to legislating for a referendum in this Parliament on possible European Union treaty changes which have not yet even been talked about and which may or may not happen. This shows we have a Prime Minister who is more interested in managing his own unruly party than acting in Britain’s national interest, but it also demonstrates that his own Back Benchers are running scared of UKIP and do not believe a word he says on Europe.

In the light of last year’s debacle, it is no wonder the Government are so keen to limit the number of Queen’s Speech amendments and it is ironic that the threat of mutiny on their Back Benches, supported by the Opposition, is what forced the Leader of the House to concede that he should now perhaps agree with the Procedure Committee’s figure of four, rather than his original number of three.

Christopher Chope Portrait Mr Chope
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If the hon. Lady is so concerned about this, why did the Opposition not table a blocking motion to the original Government proposal, which would have gone through on the nod if it had not been for my blocking motion?

Angela Eagle Portrait Ms Eagle
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I cannot recall the intricacies of what happened. The hon. Gentleman is always assiduous in these things, but I think there was somebody on the Labour Benches who objected at the same time. The hon. Gentleman has a very loud voice and has a lot more practice in objecting to these motions than almost anyone else in the House, which is why he probably got his objection in first.

I accept that the Leader of the House has now backed down on this, and because he has, we are happy to accept the motion before us today, which will limit, for now, the number of amendments to four. I listened with interest to the earlier debate about how that might change and I welcome the Leader of the House’s admission that if the composition of the House were to change or the circumstances of a future Parliament were different, Standing Order No. 33 may once again come under the microscope. At least he has accepted the inevitable and changed his motion, and because of that we are more than happy to support him should there be a vote today.

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Graham Allen Portrait Mr Allen
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Indeed many of those debates, and many of the 29 listed by the Leader of the House, did not arise from a petition. They arose because Members of Parliament were very interested in the subject matter, and there is a device of tagging documents to a debate, as we have done today. We have tagged three or four reports to this debate. Is there a single Member in the Chamber who knows what those reports are? They are on the Table.

Angela Eagle Portrait Ms Angela Eagle
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They are here in my hand.

Graham Allen Portrait Mr Allen
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There are some very eminent Members, of course, who know absolutely everything, and that is why I always bow to their view. But similarly, in many of those 29 debates, although a petition was tagged to the subject, the petition was never even referred to in the debate. Those were the debates, actually, that Members got going, and petitions were tagged to them. If we get to a position where that is reversed—where, if there is an inference that if you can get to 100,000 signatures, there is an expectation, not that Government should find time, but that the agent of Government, the sub-office, Parliament, will have to look after those things—I can tell Members what happens next. It is that their time, as Back Benchers, starts to get squeezed out.

If there is a petitions committee, let us imagine being the Chair of that petitions committee. Will they just pass the petitions through? Or will they ask, “Would my hon. Friend on the Backbench Business Committee give us a little bit of time? This is so important; I have had more than 100,000 signatures and my petitions committee thinks it is really important”? Is it likely that members of the petitions committee will go to the Government? Will they pop up at business questions and will the Leader of the House say, “Absolutely; very important. I will find you a couple of hours next week”? No, they will not. They will go to our Backbench Business Committee.

I remind new Members that the Backbench Business Committee did not pop out of thin air. It was fought through against the wishes of the Labour party, fought through, it seems now, against some of the wishes of the governing parties. The Committee is a very precious thing and its time is very precious. It is not to be bandied about and traded to a petitions committee in order, really, to salve the conscience of the Government, who, if they are interested in specific issues, should be using the vast majority of the House’s time, which they own and control, to hold debates on them. We do not need to be manipulated into using valuable Backbench Business Committee time for Government debates.

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Mark Harper Portrait Mr Mark Harper (Forest of Dean) (Con)
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We have had a good debate. I shall say some brief words on the motions about petitions and parliamentary privilege and devote most of my remarks to the motion on programming.

The motion on petitions is sensible. I view the word “collaborative” in the phrase “a collaborative e-petitions system” rather more favourably than the hon. Member for Nottingham North (Mr Allen), as meaning the House and the Government working together. The House is not a sub-office of the Government. I prefer to think of it the other way around, with the Government being a sub-office of the House. The hon. Gentleman and I have had many discussions about this. I know that the theory of Ministers being accountable to Parliament sometimes does not work as well as it ought to, but rather than throwing it away and adopting a different model, we should all work hard to make sure that it does work properly.

The multifaceted role of the Leader of the House as both the member of the Government responsible for the Government’s legislative programme and also—I know he takes this responsibility seriously as the Leader of the whole House—the person who has to ensure that the House functions properly is reflected in the motions tabled by him.

The hon. Member for Nottingham North talked about the technology of the platform. The Leader of the House mentioned the Government Digital Service. When I was doing my job as Minister for Political and Constitutional Reform, I worked with it on some of the individual electoral registration technology. This is one of the rare occasions when the words “Government digital service” and “Government IT” refer to positive things. It works in a modern way, producing material iteratively and on quite tight timetables. The Leader of the House is right: if we can give it a clear direction by the end of this year, we can realistically expect a good process to be up and running at the start of the next Parliament.

Giving the Procedure Committee the responsibility to lead on doing that is sensible. It will enable Members on both sides of the House, including the hon. Gentleman, to make representations to the Committee over and above what we have said today, and the Committee, as can be seen from its reports on other matters, can be trusted to reflect and balance the views across the House and come up with a sensible set of proposals. I agree with some parts of his amendment, but not all. I hope he reflects on it, does not press it to a vote, takes the content of it as an input and gives evidence, if necessary orally, to the Committee.

Finally, let me expand a little on what I said about the difference between the Government and Parliament. I do not want two different systems to operate because I do not want the public to make representations to the Government separately from representations made through this House. I want to make sure that Ministers remain accountable to the House. When the petitions that the Leader of the House mentioned were debated in the time provided by the Backbench Business Committee, part of the point of the debate was not only that Back-Bench Members could debate it, but that a Minister had to come to the Dispatch Box, answer questions and account for the Government’s policy. That is why it is important that any petitioning system keeps the House at its centre, rather than having two separate systems. There would be nothing more confusing for the public than an e-petitions system to the Government and a separate one to the House of Commons, and the two not being connected in any way. A collaborative approach—yes, with education and a clear set of messages to the public about what the system is for, how it works and what expectations someone might have after going through the process—is very important and is more likely to improve the reputation of the House.

I take a more optimistic view on the motion on privilege than my hon. Friend the Member for South Swindon (Mr Buckland) set out. Privilege is well understood by many people in various professions. We should explain what it means, rather than think about an alternative label for it. The problem is that the misunderstanding is often created deliberately by some of the hon. Gentleman’s favourite people, by the sound of it—those in newsrooms—who deliberately try to create confusion about what privilege means. We must explain what it means and we have people in the outside world who are familiar with the concept as well. It is our job to explain, as Members have ably done today, the purpose of privilege, which is to enable us to speak on behalf of our constituents without worrying about powerful interests.

The only question that I had on the privilege motion has been answered by the Leader of the House. It was about making sure that we follow through recommendation 227 on Treasury Counsel working with the House. He made it clear that the Government would do that.

I welcome the report on programming, which I read very carefully, and the Government’s response to it. The Leader of the House is right. This Government have worked hard to try to improve how the Report stage works. He referred to a significant number of Bills having two days on Report. I should say in passing that the Government have also done a good job of increasing the number of draft Bills brought before the House for pre-legislative scrutiny. The Committee chaired by my hon. Friend the Member for Broxbourne (Mr Walker) has done an excellent job. In response to one of the measures debated in the earlier Standards motion on recall, his Committee scrutinised the draft Bill that I introduced and made some sensible recommendations, which may or may not be debated in the future.

The Government have done a good job of dealing with the House. Listening to the comments of the shadow Leader of the House about scrutiny and the time allowed for the Report stage of Bills, it was difficult to believe that she had something to do with the previous Government. I do not pretend that the current Government are a paragon of virtue and get absolutely everything right, but I remember frequent occasions when there was a single day for Report, there were a large number of amendments and we barely got through any of the groups. She did not acknowledge that anywhere in her remarks.

Angela Eagle Portrait Ms Angela Eagle
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Will the hon. Gentleman give way?

Mark Harper Portrait Mr Harper
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Let me say one more thing, which might affect what the hon. Lady says. The sensible remarks she made about the difficult balance that has to be struck between allowing the Government to get their business and allowing scrutiny was a positive point and her tone was welcome.

Angela Eagle Portrait Ms Eagle
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I thank the hon. Gentleman for his final remark. What I was trying to say was that there is an issue with timetabling in general. I have been in the House at the time when we had no timetabling, apart from guillotining on specific Bills. That is certainly one way of working, but it leads to 80-hour working weeks. I have experienced them; I do not know whether he would like us to go back to that. Given that we have a timetabling structure now, we have to make certain that we can get away from some of the game-playing with timetabling that leaves large swathes of legislation not discussed in the Commons. As the Minister who took through two extremely important constitutional Bills at a rapid rate, perhaps he should get his own House in order.

Mark Harper Portrait Mr Harper
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I am glad the hon. Lady raised that. I was going to come on to those. I accept that the Parliamentary Voting System and Constituencies Act 2011 was taken through at something of a pace because of delivering the referendum. There is sometimes a slight cynicism in the House, with the suggestion that all Ministers do not like having things debated. When that Bill was going through, I took great pains to make sure that all the important issues were debated in the House, and they all were, even though in the debate on thresholds I had to indulge in the device of moving a Back-Bench amendment from the Government Front Bench—following the model of the right hon. Member for Blackburn (Mr Straw)—in order to ask Members to vote against it, to ensure that this House was able to take a decision and not leave it to the other place.

Another Bill that I had some responsibility for was the Fixed-term Parliaments Bill, for which we did not have that imperative. In fact, we ran out of Bill before we ran out of time, and we debated all of it fully. My hon. Friend the Member for Somerton and Frome (Mr Heath), who ably assisted me in taking that legislation through, and I took great pains to ensure that the House had ample time to debate all of it. I will say a little more in a minute about how I think the Government should do the timetabling.

I also welcome the Government’s suggestion of a three-day deadline for tabling amendments, which supports what the Procedure Committee has said. I welcome the Opposition’s support for that. It will of course be challenging for Opposition Front Benchers and for Back Benchers, but I think that without it we cannot ensure that time is used more sensibly.

Another point that I want to put on the record—I got the answer I wanted, and expected, from the Leader of the House when I asked how the Government and the usual channels would approach programming—is that I think Back Benchers can help in this regard by indicating where the focus of debate is likely to be. With the best will in the world, timetabling is an art, not a science. Having amendments tabled earlier in the process would enable their full scope to be seen by the Government and the usual channels before the supplementary programme motion is devised, so the amendments could indicate what the issues of controversy are and on which provisions debate is likely to concentrate. Even so, it is still an art, not a science. I think that it will take good will on both sides of the House to ensure that the right decisions are made on whether to allow a debate to flow or to put knives in place and manage it more tightly.

I also think that it might be worth engaging the Chair in this process, Madam Deputy Speaker. I know that there are rules about avoiding repetition and so forth, but clearly the Chair must be mindful of the need to allow a proper debate by making the proper judgments when Members step over those lines and engage in game-playing. If the House is to debate things properly and table amendments earlier, and the usual channels are going to try to ensure that that happens, it will be interesting to see whether the Chair experiments with the severity with which it imposes the rules of the House, and the extent to which Members find that agreeable, to ensure that we balance properly progress—