Strathclyde Review

Bernard Jenkin Excerpts

Thursday 17th December 2015 Commons Chamber

[Chris Grayling]

It does not feel as though we are trying to move anything through the back door, given that I am standing in front of the House making a statement and setting out a report that has been prepared with a number of options for the Government to consider and undoubtedly for this House to debate before any legislative change could happen—if legislative change were to be adopted as a result of this report. There is a degree of faux outrage from the other side on this matter.

Let us be clear about what happens. This House has an elected mandate, unlike the House of Lords. Our majority Government have a democratic mandate to implement our manifesto, and that is what we have sought to do. The conventions that have guided the relationship between the House of Lords and the House of Commons have existed for a very long time, and they have indeed broken down over many years. The Government’s view is that it is time to re-establish a framework for the relationship between the two Houses which reflects the fact that this is the elected House of Commons. That is the purpose of the report, and it sets out three options for all of us to consider. Of course it makes specific reference to the issue of financial matters. The Commons has had primacy over financial matters for centuries; there are already Commons-only statutory instruments on financial matters. What occurred this autumn was the first time that a financial matter that had come before the House of Lords had been rejected—it was the first time a fatal motion had been used. Over the previous decades there had been hardly any fatal motions on SIs. On reading this report—I again thank Lord Strathclyde for his work—it is my view that in many respects it gives the Lords a clearer and broader role in the consideration of secondary legislation, while also making it clear that ultimately the democratically elected Chamber has to have the final say.

When the shadow Leader of the House talks about using less secondary legislation and about the composition of the House of Lords, I simply look back to my first few years in this House, and indeed yours, Madam Deputy Speaker, given that you were first elected in 1997, and I can say that I have no memory of a shortage of SIs being brought forward under the Labour Governments. I also have no memory of a shortage of appointments by Tony Blair of his friends and cronies to the House of Lords over an extended period, so I will take no lessons from Labour Members.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

May I welcome my right hon. Friend’s statement and join him in thanking Lord Strathclyde for his report? The Government could not have chosen a safer pair of hands for such an inquiry, and of course it does avoid the whole issue of the composition and other aspects of the House of Lords. Perhaps that is timely and convenient, but we will have to address those things.

May I welcome the proposal for dealing with this by primary legislation? The Public Administration and Constitutional Affairs Committee will wish to look at this, just as the Procedure Committee will. We have some questions. How often will this procedure be used? What kind of behaviour of the two Houses will we adopt? Would it be justified in using this procedure to deal with particular SIs that amend primary legislation through the so-called Henry VIII clauses? Would it be right to be able to use what one might call a “ding-dong” procedure, as opposed to a ping-pong procedure, simply to force through amendment to primary legislation in this way? I assure my right hon. Friend that we will be looking at these matters in great detail.

Commons Financial Privilege

Bernard Jenkin Excerpts

Wednesday 28th October 2015 Commons Chamber

[Chris Grayling]

I know very straightforwardly what the hon. Gentleman’s submissions will be to any review of the relationship between the House of Lords and the House of Commons. He can surely take comfort also from the fact that Lord Strathclyde is a Scot and therefore brings to this job great wisdom.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I thank my right hon. Friend for the announcement made yesterday and assure him that the Public Administration and Constitutional Affairs Committee requires no instructions from the Government about what inquiries we will carry out, and nor does it require any prompting from the Opposition.

At our meeting yesterday, we started to cross-examine witnesses about events on Monday, and we will be looking at what Lord Strathclyde is likely to consider, but there is a simple point to make. Does my right hon. Friend agree that the Parliament Act 1911 established the principle of financial privilege at a time when there was very little secondary legislation? Now that so much is done by secondary legislation, it should not be too complicated to make sure that that principle in the 1911 Act is extended to secondary legislation, to avoid such misunderstandings in the future.

[Chris Grayling]

I have no doubt that my hon. Friend and his Committee will look closely at those issues. I am not in the least bit surprised to learn that they have made a start. Most Members of the House realise that this week has marked a significant change or potential change in the relationship between the two Houses. We need to establish a firm foundation for the future. My hon. Friend and his Committee will play an active role in that. When change is necessary, I want to bring it forward as quickly and sensibly as possible, but we need to take the time to get it right and ensure that we deal with the issues for the foreseeable future.

Standing Orders (Public Business)

Bernard Jenkin Excerpts

Thursday 22nd October 2015 Commons Chamber

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

Thank you for the early warning, Mr Deputy Speaker.

It is my privilege to follow the Father of the House, who, in his now customary fashion, stilled this House with his wisdom. I think we should listen carefully to what he said and take on board the points he made. The only response I would make is this: he said that before this measure we were all equal, but I am afraid that that is not the case. The West Lothian question was originally coined in the 1970s, but it has been with us since the moment the devolution settlements were enacted in Wales and Scotland. The fact that it has been ignored, ignored and ignored, and amplified by further and further devolution to Scotland and Wales, and now to Northern Ireland, is the reason we are now having this debate: we have this one unresolved issue before us.

The principle of English votes for English laws is clearly right. As I hear the objections of those who supported the settlements in Scotland and Wales that they are now going to be excluded from the consideration of matters in England that affect their constituents, I recall that that is exactly the same argument that we made against the establishment of Scottish and Welsh Parliaments, because those things are now decided in those jurisdictions whether or not they have any effect on my constituents. We have an unequal House already, and the question is how to address that.

This debate follows the Prime Minister’s statement following the referendum. Since then, we have learned that doing this in this way is fantastically complicated. I draw the House’s attention to proposed Standing Order 83J(8)(b), which says that the Speaker

“shall disregard any provision inserted by the House of Lords which, in the Speaker’s opinion, has the sole objective of ensuring that Standing Order”—

blah, blah, blah. In other words, the Speaker is meant to adjudicate on what he thinks was behind the intention of an amendment passed by the House of Lords. We are in danger of putting the Speaker in an impossible position. I do not dismiss the risks of judicial review in these circumstances because we are inviting such controversy through these arrangements. However, the hon. Member for Rhondda (Chris Bryant) cannot have it both ways. He cannot say that this is a massive constitutional change and then read out a whole lot of statistics and say it will make no difference at all. He is in rather a difficult position.

We need to move on from this kind of debate to a different kind of discussion. We need far more dialogue and discussion, both in this Chamber and outside it, involving all the parties, Unionist and nationalist. We need it in public and in private, we need it in all parts of the United Kingdom, and we need to involve all four Parliaments and Assemblies. We need to choose language that seeks to build common ground, avoids divisive terms, does not prejudge outcomes, and makes each part of the United Kingdom feel valued, feel heard and feel understood. I fear that this debate is not going to do that.

The Constitutional Committee is launching an inquiry into the future of the United Kingdom.

[Kevin Brennan]

Will the hon. Gentleman give way?

--- Later in debate ---

[Mr Jenkin]

I am not going to give way.

We are carrying out an evaluation of English votes for English laws that perhaps looks to a new settlement in the United Kingdom—what it might look like and what the financial consequences might be. This might finish up with exactly the kind of Joint Committee that has been proposed by Lord Butler of Brockwell, and that might be a good way of resolving these differences in the long term.

--- Later in debate ---

[Pete Wishart]

After the Leader of the House made those remarks, we went to the Scotland Office to look at the annual report and found that about 56 Barnett consequentials were enacted in the course of one Parliament. Of course there are Barnett consequentials. It is absolutely absurd to suggest otherwise.

I think the Leader of the House is trying to refer to downstream Barnett consequentials, but he is totally and utterly wrong about that as well. On the supply and estimates procedure, they are called estimates for a reason: they are an estimated departmental spend, and the Barnett consequentials from any subsequent legislation are simply consolidated in the next set of estimates.

[Mr Jenkin]

The logic of the SNP’s position is to advocate an English Parliament, but what would happen to Barnett consequentials then?

[Pete Wishart]

We would then have a federal system, which would allow us to collect and retain our taxes, and England would be able to do that, too. That is much more elegant. I am sure the hon. Gentleman agrees with the principle of taking responsibility for ourselves. We are happy to do that and I am pretty certain that my colleagues in England are more than equipped for the task of looking after their own country. There are some very talented people who could probably lead that devolved Parliament. It is up to them to secure and achieve it. We did the hard work: we built the consensus, had a referendum and instituted a Parliament. Why cannot they do that, too? What is wrong with making sure that they have their own Parliament? All these issues would then be solved. There would be no such thing as Barnett consequentials ever again. They can do their thing and we will do ours, and we could come together in a federal arrangement to discuss all the big, reserved issues.

The Leader of the House’s comments on Barnett consequentials were absurd. The Procedure Committee corrected him by saying that

“in reality, the estimates and supply procedures of the House validate prior decisions about policy, including those which have been given effect through primary legislation.”

That proves that spending in the next set of estimates will be consolidated, proving that there are downstream Barnett consequentials. It is totally and utterly absurd to try to suggest that there is no such thing.

If we are to open up procedures for estimates and supply, we must find a lot more time because all issues of Barnett consequentials are wrapped up in that. We must spend day after day looking at total departmental spend across all Departments, because what has happened thus far is not good enough any more. The Liaison Committee decides on two or three Departments whose spending will be rubber stamped. We will have to spend weeks, if not months, resolving that, and the Procedure Committee will have a big job when it comes to supply and estimates procedures.

We object to this measure on three principles: it is making us second class; it politicises the office of the Speaker; and because of the new provisions and the legislative guddle that will be created. This is probably the one issue that will drive the demand for Scottish independence. I have heard some hon. Members say that it will save the Union, but this is not saving the Union—what we are doing in the House is creating division. If the Government want a solution, they must do the work and create an English Parliament—that is the way to proceed with such matters. This measure, and the mess, the bourach, the dog’s breakfast of these proposals, will only help me and my hon. Friends, damage the Government’s cause, and divide the House. The Government should take the proposals away, think again, and come back with something that it is sensible for the House to consider.

Business of the House

Bernard Jenkin Excerpts

Thursday 22nd October 2015 Commons Chamber

[Chris Grayling]

I have listened carefully to what the hon. Lady says. This is always a challenge because it is so easy for business to flow one way or the other across the border. Treasury Ministers will be here for the debate on Monday, when she can raise her concerns, subject to your ruling it in order, Mr Speaker. There are also Treasury questions on Tuesday, so I am sure she will take advantage of that opportunity.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

When are the Government likely to provide time for a debate about the consequences of the agreements made with the Chinese Government this week concerning nuclear power, which are clearly very significant? Not only is the possibility of a new power station at Bradwell, overlooking my constituency, likely to have very detrimental effects on the marine ecology of the Blackwater estuary, but the ownership, construction and control of our critical national infrastructure appears not to have been fully considered by the National Security Council, and no proper assessment has been made of the consequences of these very significant decisions for our national security.

[Chris Grayling]

I will make sure that my hon. Friend’s concerns are raised with Ministers. There will be a number of opportunities for these matters to be raised at oral questions and, should he so choose, in debates on upcoming Bills. Clearly, the issue could be looked at in some of the discussions on Treasury matters coming up in the next few days. I will make sure that his concerns are raised and give careful consideration to what he has said.

Business of the House

Bernard Jenkin Excerpts

Tuesday 14th July 2015 Commons Chamber

[Mr Speaker]

I emphasise that this is a supplementary business statement. Forgive me if new Members are not familiar with the concept, but the notion of a supplementary business statement is that the Leader of the House will come to announce what is usually quite a modest variation in business, at least in terms of the number of items subject to change. Questioning is therefore on the relatively narrow changes plural, or change singular. It is not a general business statement; it is on the matter of the change announced, and possibly on what might be called any consequentials.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

May I observe for my right hon. Friend that the Scottish National party has only one objective in this House, which is to foment the break-up of the United Kingdom? Unless all Unionist parties in this House work together to frustrate that aim, instead of continuing the usual games we play in this House, we will help them to achieve that objective.

[Chris Grayling]

I am surprised that the Scottish nationalists have chosen to move away from what they have done for many years, which is to abstain on matters that do not affect Scotland. They have clearly taken a decision to change policy. It is up to other Unionist parties to decide whether they will help them in that approach.

English Votes on English Laws

Bernard Jenkin Excerpts

Tuesday 7th July 2015 Commons Chamber

[Mr Dominic Grieve (Beaconsfield) (Con)]

I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on securing this debate, which was badly needed. I do not want to rehearse all the issues that have been raised about how we got ourselves to this position, but it seems to me that it was inherent in the devolution settlement of 1998 that the questions we are now discussing would have to be addressed. The truth is that we have ducked them consistently and for a long period. Indeed, we have done more than that and have created over time legislation that is often incoherent and difficult to understand, particularly in the Welsh context of devolution, and legislation that did not meet the needs.

The problem we now have is that there is a ghost in the room as well. We will have to move towards using Standing Orders because we do not wish to have a measure carried out in this Chamber through the ordinary legislative process, which is justiciable. That raises the whole question of whether we are moving inevitably towards a written constitution. The House has consistently set itself against that, but we are asking our unwritten constitution to stretch more and more to respond to complexities for which it was never designed. I do not believe that it will in the long term be able to cope. However, that is the reality of our position and it requires a sea change in opinion in this House if we are ever to get ourselves through it. It also requires good will. Forgive my having to say this again to SNP members, but one of the problems with these debates is that the question of their good will towards the United Kingdom in general is rather in doubt and for that reason, achieving a sensible dialogue is made much more difficult.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

What does my right hon. and learned Friend think cannot be achieved by an Act of Parliament that can only be achieved by a written constitution in this regard?

[Mr Grieve]

My hon. Friend will forgive me, but I am not sure that I entirely follow his point. My point was that in terms of the process of this House, an Act of Parliament will be justiciable, which is why it is not the route that my right hon. Friend the Leader of the House wishes to take.

--- Later in debate ---

[Mr Jenkin]

So will a written constitution.

[Mr Grieve]

A written constitution will be justiciable as well, but at least it will be justiciable within a framework that is settled and established. However, that requires the sea change for which I accept there is no majority in this House at present.

Select Committees

Bernard Jenkin Excerpts

Wednesday 3rd June 2015 Commons Chamber

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I rise briefly to pay tribute to the hon. Member for Nottingham North (Mr Allen) who chaired the Political and Constitutional Reform Committee. I have to declare an interest: I hope to resume the chairmanship of the Public Administration Committee, which will now be the Public Administration and Constitutional Affairs Committee. His speech lays down a very serious challenge for that Committee in carrying on the kind of work that he did so ably as the Chairman of his Committee.

I take the hon. Gentleman’s points about workload very seriously. I fear that all Select Committees suffer from the characteristic that, whatever Committee it is, it will unavoidably find extremely important matters to fill its time and which are beyond the capacity of the members and the staff to deliver. We will have to be very disciplined in the Committee, if I am fortunate to be elected as its Chair, to pick and choose the subjects of most importance. The future of the United Kingdom is possibly the most important issue facing that Committee. I will very much welcome a representative of the Scottish National party on the Committee to participate in those discussions. We should take the opportunity to ensure that there is calm and rational discussion about these matters. However, I do not want to stray out of order, Madam Deputy Speaker, by talking about what a future Committee might do.

I simply wanted to speak about the end of the Political and Constitutional Reform Committee. The hon. Member for Nottingham North well knows that it was only created as a special measure to shadow the work of the then Deputy Prime Minister in the coalition Government. It was not cemented into the Standing Orders as a permanent feature. Even if it had been, it would have been just as vulnerable to repeal by a motion such as that on the changes to Standing Order No. 146.

I am pleased that something my Committee recommended—an equalities Committee—is coming into being. In our final report of the last Parliament, we foresaw the possibility that if the temporary measure of the Political and Constitutional Reform Committee ceased, the Public Administration Committee would take back the constitutional responsibilities. I welcome that being expressed in the title of the Committee in the Government’s motion.

Far be it from me to be over-enthusiastic in case I am seen as trying to carve out a greater role for myself, but I wanted to put on the record just how much respect the hon. Member for Nottingham North has earned across the entire House for his extraordinary seriousness and commitment to the subject matter. I hope very much that he will continue to contribute to this House in whatever capacity he can, perhaps even on the Public Administration and Constitutional Affairs Committee, although I know how irksome that thought might be to him.

House of Commons Governance

Bernard Jenkin Excerpts

Thursday 22nd January 2015 Commons Chamber

[Mr Straw]

With luck, this report will not be particularly uncomfortable to anybody, but it will involve major change—above all, for traditionalists, if there are such, in this House.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

As a traditionalist, perhaps, neither do I want to see business as usual.

The right hon. Gentleman’s findings are a great opportunity for a big change in the culture—by which we mean the attitudes and behaviour—of people throughout the organisation so that, in cases such as that of the gym, there is somebody who is clearly accountable for such decisions and wants to take responsibility for making them. The lack of trust that the current structure has generated needs to change, and I think he has come up with the right solution. Some structures can be set up in such a way as to generate mistrust, but he has chosen a structure—not entirely one of my choosing, I accept—that will create the opportunity to generate real trust and accountability throughout the organisation.

[Mr Straw]

I am very grateful to the hon. Gentleman, not least because, as I acknowledged in my opening remarks, he co-sponsored the resolution that led to the establishment of the Committee. Those who have had to put up with it can smile about what has been going on in the bowels of the old Canon Row police station, but I very much hope that the Commission might examine, as a case study, what went wrong there. In my judgment—this is not to criticise the good faith of the officials involved—we have a decision-making structure at an official level where somebody gets something agreed, then they have another thought, and there is no proper structure above that for saying, “Should we be doing this? Why didn’t you think of that in advance?” It is ironic that the people making these decisions in Parliament are less accountable—certainly to Members and, I think, to senior officials—than they would be in an ordinary corporate organisation. That has to change because, apart from anything else, it is wasting a lot of money.

[Mr Jenkin]

The other tension that exists in the current organisation is that, with the best will in the world, the Management Board is trying to think strategically in the long term and there has not always been synergy between its strategic long-term thoughts and the Commission’s strategic long-term thoughts. Merging the two organisations will generate that synergy.

[Mr Straw]

I hope that is the case. Putting the non-executive members on to the Commission, with all their outside experience, should ensure that the input into a longer-term strategy is where it should be, which is ultimately with the Commission.

I want to conclude—

--- Later in debate ---

[Mr Hague]

That is a very fair point. When the Commission meets next week, subject to the motion being approved by the House today, it will be able to consider such things and, indeed, to bear in mind the urgency stressed by the right hon. Gentleman and other Members.

We have already invited the two existing external members of the Management Board to attend Commission meetings as a first step. Indeed, they attended the Commission’s meeting on Monday, so that recommendation has already been provisionally implemented, as announced by the Commission in a written statement to the House yesterday. My right hon. Friend the Member for Caithness, Sutherland and Easter Ross (John Thurso), who speaks for the Commission, may wish to elaborate on that. It was the first in a series of periodic updates on process that the Commission has undertaken to make, which in itself was in direct response to one of the Committee’s recommendations.

I have already indicated to the House on an earlier occasion that the Government are working hard to find a way to make the minor legislative changes that are needed to alter the membership of the Commission in the way recommended by the Committee, and to do so quickly. I will make further announcements about that as soon as I can. We will also provide the necessary time requested by the right hon. Member for Blackburn for the House to consider before the Dissolution of Parliament the minor changes to Standing Orders that implementation will require.

[Mr Jenkin]

Given the delays that tend to affect legislation, is there any impediment to the Management Board and the existing Commission working together as one body on a pro tem basis until legislation formalises the arrangement, even though any formal Commission decisions would have to be taken by the Commission as currently constituted?

[Mr Hague]

No, I do not believe there is any legislative impediment to that. Indeed, I have already mentioned how the two non-executive members of the Management Board have started attending the meetings of the Commission. That work is already going on, but legislation will be essential in order to alter the membership of the Commission. Given that we all envisage that the Commission in the new Parliament will be appointed and elected in a different way from before, there is a very good case for that legislation to be dealt with speedily. I will return to the House on that matter in the not-too-distant future.

Finally, we can acknowledge that the House faced a significant problem and disagreement on these matters, and that the Committee, chaired so ably by the right hon. Member for Blackburn, has not only found the right solution but set out a governance structure for the House that I believe will provide Members and the public alike with the levels of confidence, capability and accountability that are so vital to the long-term health of the House of Commons.

--- Later in debate ---

[Ms Eagle]

I strongly agree with the hon. Gentleman. I hope that anyone who wishes to apply for the post will read the Committee’s report, as well as all the fascinating evidence people gave in such a short time, so that they are well aware of the nature of the job and the authority that we intend should go with it.

[Mr Jenkin]

I agree with everything that has been said, but what is so vital in the arrangement is that there should be complete trust and understanding between the Clerk of the House and the director general. The sequencing of the appointments, which my right hon. Friend the Leader of the House mentioned, is therefore very important. The Clerk must feel that he or she has had a say over the director general’s job description and how the job is advertised, otherwise the arrangement will not work. We will be setting it up to fail if anybody feels that premature decisions have been foisted on them. That must be borne in mind.

--- Later in debate ---

[Sir Oliver Heald (North East Hertfordshire) (Con)]

The hon. Member for Wallasey (Ms Eagle) talked of the pace of change over the years. She and I used to sit on the Select Committee on Employment in the early 1990s, when Committees were not supported to the extent they are now. As has been observed by others, there has been massive change over that period. This report has presented an opportunity to look at our arrangements, many years since Members last looked at them, and to see how we can better fit them to the current day.

I pay tribute to the work of our Chairman, the right hon. Member for Blackburn (Mr Straw). The Committee sat a great deal. We sat three times a week and took evidence from many witnesses. I am grateful to him. It was a privilege to serve under him. We saw some excellent chairmanship skills, which is not surprising after his many years here and all the important posts he has held over the years.

It was a particularly good idea for the Committee to meet 60 staff members in break-out groups to hear their views on the governance of the House. That might be a good model for the House of Commons Commission to follow occasionally. The staff were genuinely excited and pleased to be asked their views.

I am proud of the work of the Committee. I pay tribute to my colleagues and the staff who helped us. It was a major undertaking and the report was delivered early. I am glad that the Commission has pledged to implement the proposals if the House supports them today.

The right hon. Member for Neath (Mr Hain), with whom I served on the Modernisation Committee when I was shadow Leader of the House, asked whether this is a major change. One only has to look at the organograms in annexes E and F to see that it is. The wonderful current arrangements are shown in annex F, which is like a piece of modern art, it is so complex. What is being proposed is a much simpler, more straightforward and more modern system.

I do not want to dwell on the reasons the Governance Committee was set up. It was clear from the evidence that we heard that it was time for Members to look at this issue. I believe that the Committee did a thorough and good job.

One focus for the Committee was to consider the role of Clerk of the House and chief executive. We heard important evidence from Members and a large number of other witnesses. Lord Browne, who at the time was the Government’s lead non-executive, was a particularly telling witness. He explained that, in designing who should be at the top of the pyramid of officers in a company, it was important to look at who had detailed knowledge of the core business. Although we are not a company—we are a very unusual body indeed—I felt that he had a point. He felt that the same principle should apply here, and I rather agreed.

We also heard from Lord Judge, the previous Lord Chief Justice, that if he was talking about privilege he would expect to talk to the person who was in charge and was expert in the matter. Many others, including the former leader of the Liberal Democrats, the right hon. and learned Member for North East Fife (Sir Menzies Campbell), also gave good evidence on that point.

One thing that became clear during our deliberations was that there are models in the public service of the senior official having somebody with commercial and operational skills working with him. That can be valuable in ensuring that what is decided actually gets done. We heard from John Manzoni, chief executive of the civil service, and Michael Whitehouse, chief operating officer for the Comptroller and Auditor General at the National Audit Office. Lord Browne told us that if there are to be two roles, it is vital to have clarity and proper job specifications, and we have set out in the report the specifications for the two roles we decided on. He said:

“Governance must start with clarity, which is difficult to achieve, and with a clear understanding of accountability, which includes decision rights. Who gets to decide what and to whom do you report when you have done it?”

The chief executive of the civil service, who reports to the Cabinet Secretary, and the chief operating officer of the NAO, who reports to the Comptroller and Auditor General, had found that it was possible to have a senior official working closely with the person in charge in a role that was described in different ways—chief executive or chief operating officer. They found that it depended crucially on having the right people in position, having clarity and the two people having an ability to co-operate. We have set out a process whereby the Clerk would be appointed first and then the director general, which is important to ensure that we have people who can work closely together.

[Mr Jenkin]

From hearing this debate, I am increasingly persuaded that part of the accountability that we need is the autonomy and clear visibility of the director general. Even now, the director general of facilities wears a badge telling us his name and title, and he feels more accountable because people stop him and talk to him as he walks around the Palace. That shows how important the visibility and demonstrable autonomy of the director general will be under the new arrangement, which is something we have all learned from this process.

[Sir Oliver Heald]

I very much agree. We use the words “overall responsibility” several times in the job specification for the director general, to show that autonomy.

I support the conclusion that the Clerk should remain the senior official of the House of Commons, with the authority that that involves, but that a director general should bring the skills we have just discussed to that important role. It is also right that the director general should have the freedom to initiate in certain areas, that he should be on the House of Commons Commission and that his role should be clearly defined.

During the course of our evidence taking, it became clear that the arrangements for the Commission and the Management Board were not working as well as they should, partly because of the structure, which I have already mentioned and which is obvious from the annexes to which I have referred, but also partly because of culture. We proposed a model that would expand the Commission and involve every important player in this place, and we clarified an enhanced role for Back-Bench Members of the Commission. As the motion states, it is important that there is party balance on the Commission, and it is also important that there are non-executive directors to strengthen it and ensure that there is proper business experience at the top level.

The effect of the changes will be that the Management Board will be abolished and replaced with an executive committee. That is more common in public companies and other parts of the public sector. It will be a streamlined body, working on a House service basis, committed to delivering the Commission’s decisions. Some suggest that the Clerk should chair that body, but we decided that, overall, it should be the place where the director general ensures that the Commission’s decisions are put into effect. The Clerk should of course be a member, but the lead role of implementation should be with the director general.

The report is more extensive than we first expected, and I believe that it provides a good way forward for the future. I hope that the Government will commit the time necessary to put the new system in place so that it takes effect immediately after the general election, and I was grateful to the Leader of the House for his points on that, which seemed encouraging.

As somebody who has practised as an employment lawyer and advised the recruitment industry in the past, I was a bit surprised by the recruitment procedure followed last summer. The procedure from 2011, which was supervised by Susan Craig of the human resources department here, was a good step forward on what had happened previously. Although it was intended that a similar procedure would be followed this time, it was not. The House must have state-of-the-art recruitment procedures in place, so I welcome the report’s provisions setting out a model for future recruitment in line with current practice. That is an improvement on the 2011 procedure and fits in with the recommendations that Sir Kevin Tebbit made as long ago as 2007.

Over recent years, there has been a process of improving the way in which the House of Commons is managed, but having heard the evidence to the Governance Committee I have no doubt that there is a lot more to do. I believe that the report provides a basis for structural changes that are needed.

An important part of our recommendations relates to the culture of the House and the need for further efforts to achieve a more coherent House service that puts even more emphasis on staff development and training. Sir Kevin Tebbit told us that was important to break down the barriers between departments and functions. I am sure that is right, and our report suggests ways to foster that. I am proud of the report and its conclusions, and I hope that the House will agree that they have merit.

Business of the House

Bernard Jenkin Excerpts

Thursday 18th December 2014 Commons Chamber

[Mr Hague]

I think that is not so much a question as an advertisement! I am sure readers in Scotland will be able to make up their own minds about what they want to read without our having to endorse it. There is always something a bit suspicious about newspapers being endorsed by politicians of any colour, and those politicians often live to regret it when the newspaper decides to change its editorial line. I caution the hon. Gentleman a little about that.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

May I say how happy I am to be able to join all those who have commended the House of Commons Governance Committee report, and urge my right hon. Friend to bring forward the debate as quickly as possible so that the findings can be implemented? I say that not least because I was the guy who came up with the idea of this Committee; I drafted the motion that was accepted by the House; and I was even the first to invite the right hon. Member for Blackburn (Mr Straw) to take on the role of Chairman—and he has done so most ably. Moreover, the report concurs with the evidence submitted by the Public Administration Select Committee.

[Mr Speaker]

Anybody would think that the matter was about the hon. Gentleman! If he wishes us to think that, it is Christmas time, and we are pleased for him.

Devolution (Scotland Referendum)

Bernard Jenkin Excerpts

Tuesday 14th October 2014 Commons Chamber

[Mr Hague]

All the party leaders supported that, but it is the great joy of our democracy and the House that all 650 of us can give our views on those matters. Provided I do not take too long, many of us will do so today.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

Will my right hon. Friend give way?

[Mr Hague]

I will make a bit of progress. Otherwise we will stop on that point.

As in Scotland, the Government have been making good on our promise to deliver further devolution to Wales, with the referendum on law-making powers, setting up the Silk commission and introducing the Wales Bill. The Bill takes forward almost all the recommendations of the Silk commission’s part I report and devolves a significant combination of tax and borrowing powers to the Assembly and to Welsh Ministers. It is important that Wales, too, is at the heart of the debate on how to make the United Kingdom work for all nations.

--- Later in debate ---

[Sadiq Khan]

I have a huge amount of respect for the former Attorney-General, but I am afraid that it is inconsistent to accuse us on the one hand of failing to look at the total picture and on the other hand to suggest a Westminster stitch-up.

Clearly, part of the solution is greater devolution within England, and that has been at the centre of Labour’s policy review: reversing a century of centralisation with radical plans to devolve power and responsibility downwards.

[Mr Jenkin]

Will the hon. Gentleman give way?

[Sadiq Khan]

I will give way to the Select Committee Chair in a moment. I want to make some progress first.

My Front-Bench colleagues have already announced ambitious plans that will be implemented should Labour form the next Government. My right hon. Friend the Member for Leeds Central (Hilary Benn) has unveiled a new English deal in which the equivalent of £30 billion of spending would be transferred from Whitehall to city and county regions. My noble Friend Lord Adonis has outlined the way in which a future Labour Government will give local areas and city regions more powers over economic growth, transport and skills. There are other examples. In the context of my own brief, justice, I have announced plans to give local authorities more control over youth justice. They are closer to the issues, and the structure of incentives to cut crime and reoffending works much better on that scale.

--- Later in debate ---

[Sadiq Khan]

I give way to the Chair of the Select Committee on Public Administration.

[Mr Jenkin]

We have to understand that dealing with the English votes on English laws question is more difficult for the Labour party because it has a vested interest in the power of its Scottish MPs over English matters, but it is wrong to pretend that the delegation of powers and functions to local authorities, which are Crown bodies, is equivalent to legislative devolution to Scotland. That is what makes the English votes on English laws question altogether different from what the right hon. Gentleman has just been talking about.

--- Later in debate ---

[Michael Moore]

My right hon. and learned Friend rightly points to the history of engagement by the Labour party, the Liberal Democrats and, later on, the Conservatives. Now, we must hope that the SNP will engage in the process in the right spirit. The interventions from SNP Members this afternoon seem to being going against the spirit of welcoming the Smith commission; they seem to have prejudged it and decided that it will not work. I believe that John Swinney and Linda Fabiani will enter into the work of the commission in the right spirit to ensure that we can reach common ground; I hope that that is the correct judgment to make. It is the responsibility of all participants to create a package that will meet the ambitious aspirations of the people of Scotland, that will maximise the common ground between the political parties and those not of any party, and that will prove stable for Scotland and the UK more widely.

[Mr Jenkin]

Have we not seen SNP Members demonstrating in the House this afternoon that they are interested not in reaching solutions or long-standing agreements but in wrecking, in spoiling and in taking slight and injury in order to destabilise whatever settlement is agreed on here among the main parties?

[Michael Moore]

I certainly think that any attempt to create grievance about the process goes against the grain of what we understand to be the SNP’s willingness to be a full participant in the process. I believe, however, that John Swinney and Linda Fabiani will enter into their work with the commission in the right spirit and that they will be determined to work with others and respect the outcome of the referendum, which made it clear that Scotland should stay in the United Kingdom.

The different parties debated and set out their proposals for what they seek from the commission, according to the different principles that Lord Smith asked for, by the end of last week. It is important that we should adopt those principles, so that we can have a Parliament with the maximum range of powers to fulfil our ambitions for it. Those ambitions include an ability for the Scottish Parliament to raise more than half the money that it spends, while retaining at UK level sufficient fiscal capability and responsibility to allow the UK Parliament, and all the MPs who are part of it, to perform the functions that are best secured across the whole UK, including defence, the provision of a unified international presence, fiscal transfers and solidarity, social protection and equity, and the macro-economic foundations of our economy.

It is important that we entrench the Scottish Parliament to make it clear that there is no danger of its ever being taken away, which would be a political disaster. Now is a good moment to entrench it in the United Kingdom constitution. We must ensure that we maintain what is valuable about the United Kingdom, what people have argued and fought passionately for over the past three years, including the single market for businesses and a single welfare system whose core elements are available across the whole UK.

There is another dimension to this, which has formed part of the debate in England and in Scotland. Although it is not part of his official remit, I hope that Lord Smith will look hard at the issue of local devolution in Scotland, because the cries for decentralisation within Scotland are every bit as strong there as they are here.

--- Later in debate ---

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

I fully concur with the hon. Member for Sunderland Central (Julie Elliott) that since the referendum in the north-east of England, the issues facing that region have not been pursued with the urgency that she demands. She was the agent for the yes campaign in that referendum and I was the Conservative shadow Minister who set up North East Says No. I am sure she accepts that there really was no appetite for that extra layer of government. However, both our parties pay lip service to decentralising the necessary powers and functions to the existing tiers of local government, but both have failed to do so. Such decentralisation would somewhat reduce the sense of isolation from the Westminster system that many parts of England—and Scotland—feel. If we do not learn that lesson from the Scottish referendum, we are really missing the point. I hope that we will build on the consensus.

[John Stevenson (Carlisle) (Con)]

I agree wholeheartedly with what my hon. Friend is saying about devolution within England. Does he agree that this is relevant to places like Cumbria and the north-east, which border Scotland, given that Scotland will be given greater powers? Those areas would like to have greater powers granted to them as well.

[Mr Jenkin]

I totally agree with that. I will come back to the question of English votes for English laws later.

I was overcome with relief at the outcome of the Scottish referendum. Both my parents were born in Edinburgh and half my family lives there—I say directly to the Scottish people: you are my kith and kin—and it would have broken my heart if we had found ourselves in separate sovereign states. I am heartily glad that Scotland voted no. However, it was a much closer vote than the Prime Minister intended when he first suggested that the referendum should take place, and we need to learn lessons from that. Given the nature of this debate, I wonder whether we are learning any lessons.

This scrappy, partisan debate is exactly the kind of thing that reflects badly on Westminster politics throughout the United Kingdom, and that was cleverly exploited by the yes campaign in Scotland. We should concede that to the Scottish National party representatives here today. We should also concede to them that the vow, however well intentioned it might have been, is in fact a bit of a muddle. It is indecipherable, and I do not think it made any difference to the result. It was ham-fisted. However, I congratulate the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) and my right hon. Friend the Prime Minister on the passion that they brought to the debate.

[Pete Wishart]

This is a matter that we are trying to determine today. Does the hon. Gentleman think that the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) was duped about the vow?

[Mr Jenkin]

No, I think it was a panic reaction to a late poll. It was something that they were desperate to do. I believe that the very fact that it was a close poll was enough to turn people away from voting yes, because they suddenly realised that their vote might make a difference. Most pollsters would agree that that was the effect of the very close poll.

The vow stated:

“We agree that the UK exists to ensure opportunity and security for all by sharing our resources equitably across all four nations”.

That is fine; I think we would all agree with that. Then, however, it goes on to reaffirm the Barnett formula. There are two things about the Barnett formula, the first of which is that if Scotland is to raise more of its own resources, the formula will become a much less significant component of the allocation of resources. Secondly, the formula actually represents the opposite of

“sharing our resources equitably across all four nations”.

It cements in place an artificial bias in favour of funding in Scotland, which is no doubt why Scottish politicians campaign so vociferously in favour of it.

[David Mowat (Warrington South) (Con)]

Will my hon. Friend give way?

[Mr Jenkin]

I have given way twice already; I do apologise.

The House of Lords produced a very good report in 2009 which concluded

“that the Barnett formula should no longer be used to determine annual increases in the block grant for the United Kingdom’s devolved administrations.”

It stated:

“A new system which allocates resources to the devolved administrations based on an explicit assessment of their relative needs should be introduced.”

The question is: how are we going to get from A to B? Lord Strathclyde has recommended a convocation in which the four component parts of the Union should be represented on equal terms in a single body. The question of the fair allocation of resources among the four parts of the United Kingdom deserves to be discussed in such an impartial forum. This cannot be imposed by the Treasury. It cannot be imposed by a system that we have inherited from a period when there was no devolution and no devolved tax-raising powers at all, so we need a new system. If we are going to learn from this referendum, it would be much more honest if we all agreed that, over time, we will need to move on from the Barnett formula.

Let us deal with the question of what the promises mean. If we ever want evidence of the chaos in the no campaign, we need only see that, even after the referendum, we still have three separate proposals in this Command Paper for what is to be devolved, and an unseemly scrap between the Westminster parties over what should be devolved. I have no doubt that agreement will be reached, and I commend the SNP for being determined to bring its good will to the party in order to get an agreement, because that has to be our objective. However, as part of that agreement, there is now huge awareness across the United Kingdom of English votes on English laws.