Amendments to Bills (Explanatory Statements)

Charles Walker Excerpts

Wednesday 6th November 2013 Commons Chamber

[Mr Charles Walker (Broxbourne) (Con)]

I beg to move,

That this House approves the recommendation contained in paragraph 21 of the Procedure Committee’s Fourth Report of Session 2012-13, Explanatory statements on amendments, HC 979, noting that the Public Bill Office will assist Members as required in the preparation of such statements.

The motion stands in my name and that of my right hon. Friends the Leader and Deputy Leader of the House of Commons, the shadow Leader of the House and the shadow Deputy Leader hon Member for Dunfermline and West Fife (Thomas Docherty) and my predecessor, as Chair of the Procedure Committee, my right hon. Friend the Member for East Yorkshire (Sir Greg Knight).

I note that I may detain the House into the small hours of tomorrow morning if I so wish. That is a tempting proposition, as I have lots of scores to settle with many colleagues. However, as I quite like getting elected to things I will not, on this occasion, detain the House for long and will make a very short speech. I hope that colleagues will make very short speeches too, and that we can wend our way into the night for an evening of fun, frolicking and frivolity.

The report “Explanatory statements on amendments” is a serious piece of work undertaken, in the main, by my predecessor, and I was lucky enough to inherit it in October last year. The Committee is saying that explanatory statements to amendments are an extremely good thing: they allow for informed debate, and for people to have an understanding of what those tabling amendments are trying to achieve. We have, however, taken a permissive, rather than a prescriptive, view. We believe that the Government, if given the opportunity to do so, will want to do the right thing, and that the right thing is to put forward explanatory statements to amendments. I look at the Chief Whip and the Deputy Leader of the House and see two people totally committed to doing the right thing. They have done the right thing throughout their parliamentary careers—one of those careers has lasted for more than 40 years—and I am certain that that will continue to be the case for what remains of their illustrious parliamentary careers. I note that the Chief Whip is not smiling too much, so I will move on.

[Sir Greg Knight (East Yorkshire) (Con)]

Does my hon. Friend agree that when considering changes to our procedures we should never do anything that might discourage scrutiny? Does he share my concerns that the amendment to the motion, if passed, could act as a deterrent to some amendments being tabled?

[Mr Walker]

One reason for not taking a prescriptive approach is that a disorderly explanatory statement attached to a reasonable amendment—perhaps one tabled in a short amount of time—might lead to it not getting on to the Order Paper, thus restricting debate.

To return to my central point, I believe that Members of Parliament, the Government and the Opposition should want to do the right thing, and I am hopeful that they will do the right thing. If they do not do the right thing, it would be reasonable for the House and the Procedure Committee to revisit the issue in the not-too-distant future.

[Caroline Lucas (Brighton, Pavilion) (Green)]

I am disappointed by the weakness of the hon. Gentleman’s argument so far. I hope it is going to get a bit better. How can explaining one’s amendment possibly be a deterrent to debate? His confidence in his colleagues’ willingness to do the right thing is somewhat undermined by the fact that they did not do that when there was a pilot. If, as he says, he wants people to do this, why does he not make it mandatory, rather than just hoping they will do it despite evidence that they will not?

[Mr Walker]

I think the hon. Lady has indicated that it was not the case that the Government tabled amendments in the pilot, but at the Committee stage of the Small Charitable Donations Bill 42 amendments were tabled by Back Benchers, the Government and the Opposition, and 40 of them had explanatory statements. On Report, all 37 amendments had explanatory statements. If I am misreading that, I apologise.

I have more faith in this place than the hon. Lady. I have faith in my colleagues and believe that, given the opportunity to do the right thing, they will do the right thing. The fantastic thing about the Procedure Committee and about bringing reports to the Floor of the House is that it is open to the House to amend them. This is a vehicle for change. I note that she and colleagues have tabled an amendment, and it will be for the House to decide the way forward, not me, as Chairman of the Committee, or its other members. I will not detain the House much longer. I am sorry that the Committee’s report comes as such a disappointment to a number of colleagues, but I repeat that it is within their gift to amend it, and I hope that they do.

In conclusion, I would simply add that a team of Clerks are champing at the bit to help Back-Bench colleagues attach explanatory statements to their amendments. They are ready, waiting and willing to do these things. I also hope that there is an army of Whitehall civil servants wanting to seize the day and impress their Ministers with their diligence and brilliance. I look, too, at the Opposition, in all their glory, and know that, despite our living in straitened times with limited resources, they will turn to their researchers and their special advisers—they are not really special advisers, but that is what they are called—and will demand that they step up to the plate and provide explanatory statements. I appreciate that it will not be possible on all occasions, but let us make this a new beginning for the way we conduct business in this place. If the House does not take this opportunity, however, the Committee will revisit the matter and bring forward more prescriptive recommendations.

--- Later in debate ---

[Caroline Lucas]

I think that the hon. Gentleman misunderstands the point of the explanatory statements. They would simply make the aim of an amendment clear. If that aim is to seek information from the Government, that could be made perfectly clear.

I should like to move on to costs and resources. Hon. Members will have noticed that the Procedure Committee did not recommend a mandatory approach partly because it thought that that could take up time and resources, and that it could therefore restrict the ability of the Opposition and Back-Bench Members to table amendments. It feared that that could be damaging to the House’s ability to scrutinise legislation. I believe that there is a strong case to be made that the opposite is true, and that mandatory statements would save time and improve scrutiny.

The evidence from the Public Bill Office is clear on the question of resource implications. It stated that, where assistance was given with the drafting of explanatory statements,

“this took little time (no more than five minutes per amendment), and usually saved time elsewhere by establishing a verifiable shared understanding of what amendments were intended to achieve.”

So the idea that this would create a burden for the Opposition and Back Benchers is not supported by the Public Bill Office, which has made it clear that the statements typically save time.

The Public Bill Office also stated:

“It is not that difficult to draft a brief explanatory statement, and a Member seeking to table an amendment might want to think again about doing so if they were unable to explain briefly what it would achieve.”

This brings us to the nub of the issue. Do we want Back Benchers to participate or not? Do we want our constituents and our local press to be able to follow what is going on? Do we want this to be possible at all times or only some of the time, and who gets to be the judge of when people should or should not necessarily get to receive these explanations? If we want scrutiny, surely we have to make sure that those who might scrutinise are properly assisted to do so; otherwise, one might ask what is the point of the amendments at all.

Still on resources, the Clerk of the House produced a helpful memorandum pointing out that there would be no extra costs to the PBO, but there could be some printing costs. However, once self-explanatory and consequential amendments are discounted, the printing costs would clearly be very low. In the context of the entire printing costs of this place, the likely cost for this is tiny—less than 0.00005% of a £7 million annual spend on the printing of procedural publications.

For that minimal cost, we would get something valuable—information, and information being given to those who should have it as they vote on legislation that affects us all. When the bell goes, we should all know why. Brief explanations would not only allow Members to check what they are voting on when the bell goes, but allow us to see in advance what Members seeking to amend legislation are attempting to do. This would enhance scrutiny and might even increase participation in the Chamber, as Members could easily see in advance what an amendment was for.

In conclusion, I hope hon. Members will agree that this is more than procedural housekeeping. I think our constituents would be shocked if they knew that their MPs often did not know what they were voting on. When I run down the escalator from Portcullis House at the same time as many other colleagues, I often hear people saying “What are we voting on; what are we voting on?” I am not whipped, so I have to find that out myself, but many colleagues do not necessarily have that information, and I think that they should. This is not a criticism of colleagues. I have no doubt that MPs do not like trying to find out what the vote is on as they run down the escalators. The point is that this information is not being properly provided. It is good that the Procedure Committee is calling for a scheme to make explanations possible, so let us make sure that everyone uses it.

[Mr Charles Walker]

I have some sympathy for the hon. Lady’s argument. The problem we all have is that we are sent here to legislate, but we fill our time with so many other things that we actually forget our primary role, which is to pay attention to what is going on in this place and to scrutinise the Government. One reason why we often do not know what is going on is that we choose—we make the choice—not to know what is going on.

[Caroline Lucas]

There is some truth in what the hon. Gentleman says, but if the conclusion of what he said is that he genuinely expects 650 Members to be in this Chamber—day in, day out—to scrutinise all legislation, I think he is more optimistic than I am, because I do not think that is likely. I believe we also have other important roles, such as providing scrutiny through Select Committees, which are every bit as important as at least some of the debates in this Chamber. It is a realistic assumption that not everybody can be here.

In conclusion, I hope hon. Members will vote for amendment (a) to give Back Benchers and the public a right to explanations of what we vote on in this House. We have an opportunity tonight to restore trust in what we do, to show that we want to scrutinise and to make the way in which this place operates healthier and more transparent, so let us take it.

--- Later in debate ---

[Mr Heath]

The hon. Gentleman will find that I make many astute comments and they are never inadvertent. No, that is not the tension we want in the House; we want understanding, and we want sensible debate focused on the issues at stake, not guesswork as to what those might be. It does not matter whether it comes from the official Opposition, a Back-Bench Member or the Government: clarity is an addition and support to the value of our debate in this House. I find it difficult to understand why anyone would take a different view.

I know that whichever way the debate goes this evening, the Government will produce an explanatory statement every time an amendment is tabled. I have no confidence, I am afraid—for the reasons exemplified by the approach of the hon. Member for Caerphilly (Wayne David)—that the Opposition will do the same. I am afraid that the argument that they do not have the resources to produce such statements is a canard. First, as the right hon. Member for Oldham West and Royton (Mr Meacher) said, it takes very little resource to do so. Secondly, let us explode the myth that every Member who tables an amendment writes it himself or herself. That is not the case. Amendments are often prepared by well-resourced outside bodies that would have no problem whatsoever providing an explanatory statement. If all else fails, the official Opposition have something called Short money—a considerable amount of money to support their parliamentary activities, including the tabling of amendments. What is the problem?

I believe that the amendment is sensible and I will support it this evening. Let me finish on one specific point. I note that the Chair of the Procedure Committee has been supported in a remarkable act of solidarity by the Leader of the House, the Deputy Leader of the House, the shadow Leader of the House and the shadow Deputy Leader of the House. Although I am glad that they can provide that support to the Procedure Committee, I wonder whether that is appropriate on what is essentially a House matter concerning our procedure. It appears to oblige the payroll vote to support the original motion rather than to vote according to what those Members consider to be the rights and wrongs. I am afraid that I think that this is a matter on which the House should decide, not the Government.

[Mr Charles Walker]

May I reassure the hon. Gentleman that in the past three and a half years I have never sought the support of the Executive in any way, as demonstrated by my voting record? If they want to support a recommendation made by the Procedure Committee, that is entirely down to those on the Front Bench, but it is not something that I have sought or would ever want to see.

[Mr Heath]

I absolutely accept that statement and it doubles my admiration for the solidarity expressed by those on the two Front Benches in supporting the hon. Gentleman. However, as a consequence of that, many members of the Government are sitting watching monitors wondering whether this chap will ever shut up so that they can move towards a vote. They are obliged to stay here to ensure that a rebel amendment tabled by the hon. Member for Brighton, Pavilion does not succeed. I regret that, but I hope that we will have a sensible debate and that whichever view prevails this evening, every amendment will eventually have a short explanatory statement stating what the devil it is for.