(8 years, 9 months ago)
Commons ChamberCardiff West then. The hon. Member for Cardiff West (Kevin Brennan) made that joke yesterday. What the shadow Leader of the House did not say is that he wants a two-day debate on the autumn statement next week, although after yesterday I think the Opposition have probably heard quite enough about the package.
The hon. Gentleman asked about the tax credits changes. Of course, the statutory instrument will not be moved, as the Chancellor of the Exchequer set out yesterday, because we are not pursuing those proposals.
The hon. Gentleman asked about the position of working families in 2020. The introduction of the national living wage means that by 2020 someone on today’s minimum wage will be earning nearly £5,000 a year more than they do today.
The hon. Gentleman raised the question of the sale of assets. I simply say that, as we look to build a new nuclear industry in this country, I look back to the occasion when the previous Government sold a British nuclear power station firm, Westinghouse, overseas, at a time when we were just thinking about building new nuclear power stations. I will take no lessons on the sale of assets from a party that takes steps without strategy and without thought. One of the reasons we have a challenge in energy generation today is that, for 13 years, Labour did nothing about it.
The hon. Gentleman asked about recess dates, and he will keep coming back to this. I simply say to him again that the prime concern for this Government is to get our business through the House. We will seek to deliver appropriate recess time when we can, but right now I am more concerned about putting through the manifesto on which we were rightly elected last May.
The most egregious unreformed procedures in this House relate to private Members’ Bills. The conduct of this place in the execution of those Bills is simply appalling. May I urge the Leader of the House to join the Procedure Committee in trying to find a way forward? If I am Holmes in this matter, our hon. Friend the Member for Shipley (Philip Davies) is now my Moriarty.
Our hon. Friend has been referred to as many things, but never, I think, as Moriarty. I understand the point my hon. Friend the Member for Broxbourne (Mr Walker) makes, and as Chair of the Procedure Committee he is better placed than anyone to address concerns about the private Members’ Bill process. As he knows, I am always happy to appear in front of his Committee and to discuss these matters, and I have no doubt that, as usual, he and his Committee will come out with wise words about how they should be handled in future.
(8 years, 10 months ago)
Commons ChamberI shall try to be brief, Madam Deputy Speaker, because although the 50 hon. Members waiting to speak are very interested in what I have to say, I know that they are much more interested in what they have to say. Now is not the time for great oratory.
I would first like to thank the Procedure Committee, which I chair, for working so hard and producing an excellent report. I also thank the Leader of the House, who has been open and straightforward in his dealings with the Committee, which makes a welcome change from his predecessor. I know that the issue ignites strong feelings in the House, which is another reason why I shall be brief, because we need to hear as many views as possible. Also, I do not understand why we cannot move the vote to 5 o’clock this afternoon, or perhaps later.
The concept of EVEL is easy to understand, but the proposals attached to it are extremely complex, and Members on both sides of the House should be in no doubt about that. The shadow Leader of the House said that 742 additional lines of Standing Orders are proposed. I disagree, because I make it 733, but who is going to quibble over nine lines. Between four and eight additional stages are potentially being injected into the legislative process, which may have huge consequences for the transacting of legislation in this place. We cannot have any truncation of Report stage or Third Reading.
The idea that certification will always be done smoothly, with one stage followed by the next, is for the birds. There will be times when the process of scrutinising Bills is interrupted for a significant period of time while finely nuanced decisions about certification are taken. I do not believe that the decisions taken by the Speaker will end up before a court. Someone might try to bring them before a court, but the proceedings of this House are protected by the Bill of Rights. The Speaker will be able to call on his Counsel, senior Clerks and two senior members of the Panel of Chairs.
We are entering new territory, so of course we will have to experiment. That is why the Procedure Committee will return to the House in a year with a review of the early stages of the process. We will be forceful in putting our view at that stage.
On the point about justiciability, is the hon. Gentleman aware of the views of Lord Hope of Craighead, a former Lord President of the Court of Session and Justice of the Supreme Court, who addressed that very point in the other place last night and said that the procedures would be subject to judicial scrutiny?
There are thousands of lawyers in this country, and they all have different views—that is how they earn a living. I am sure that Lord Hope’s views are sincerely held, but I disagree with them, as I am sure does my hon. Friend the Member for North East Somerset (Mr Rees-Mogg), who served with such distinction on the Committee. Is he seeking to intervene?
I was trying to be generous to my hon. Friend.
We are where we are. The former Prime Minister, Tony Blair, has said that he did not give enough consideration to the impact of devolution on England in 1998. What we are debating today is, in my view, the least worst option on the table. Would we start from this point in a perfect world? No, we would not.
Madam Deputy Speaker, I had a long and distinguished speech to give, and there are many things that I would like to say, but I am not going to do so on this occasion, because 50 Members wish to speak and we need to hear from as many of them as possible.
Let me say to the hon. Gentleman that his constituents are absolutely entitled to that and they should get it. I just do not think that what the Government have brought forward today offers that. It does nothing to address the fact that the people of England are still served by a model of government that is outdated and highly centralised, with everything being controlled from Whitehall. These proposals do absolutely nothing to change that.
On the question of taxation and Barnett consequentials, Lord Forsyth said that the proposals risk driving a further wedge between Scotland and the rest of the United Kingdom. I believe that the hon. Member for South Leicestershire (Alberto Costa) is sincere when he says that he is committed to the continuation of that Union, so I invite him to take a pause, have a think and look at this matter in its totality. That is why the amendment tabled by the hon. Member for Nottingham North (Mr Allen) is so important.
The message from the Lords invites us to set up a Joint Committee. That is a sensible way to proceed. I do not understand the position of the Leader of the House. He says that it is wrong for us to consult the other place, but at the same time he has invited, and has had an acceptance from, the Chairman of the Constitution Committee in the House of Lords to be part of a review. Yet again the Government and the Leader of the House in particular are seeking to have their cake and eat it.
The Leader of the House had said that this was not about creating an English Parliament within the UK Parliament, but then today in answer to a question he said that it was in fact devolution for England. It is no such thing. The hon. Member for South Leicestershire is right that his constituents deserve to have the same benefits of devolution that mine have had since 1999.
I reiterate the concerns previously expressed about the position of the Speaker being brought on to the field of play, which will be difficult for the holder of that office at any given time and will be justiciable. Let me remind the House of exactly what Lord Hope of Craighead said last night. He needs better respect than has been given to him either by the Chairman of the Procedure Committee or the hon. Member for Stone (Sir William Cash).
(8 years, 10 months ago)
Commons ChamberLet me begin by echoing the hon. Gentleman’s words about Denis Healey and Geoffrey Howe. They were two towering figures in the House, and they made a massive contribution to the national life of the country. They will be sorely missed by their families, their former colleagues, and all parliamentarians.
Let me also pay tribute to the hon. Gentleman. Last week, he was responsible for ensuring that three new plaques were placed on the wall of the Chamber for three Members who died in the first world war. It is absolutely appropriate that we remember parliamentarians who have given their lives in the interests of this country, and I commend the hon. Gentleman for doing that.
I hope the House will also remember that a service is being held in the chapel today, and I hope that, straight after business questions, you and I will go down there together, Mr Speaker. The service is being held to celebrate the life of Ian Gow, who, rightly, has a shield at the end of the Chamber—another man who gave his life in the service of this country. We remember him today as well.
The hon. Gentleman could perhaps be described as a beacon of stability in his party this week, and I commend him for that. He is a ship that is sailing steadily forward in a party that otherwise seems to be slightly on the chaotic side. Yesterday the shadow Chancellor announced five times his embarrassment at the U-turn that we had experienced. Moreover, during an interview on Channel 4 News—I do not know whether you saw it, Mr Speaker—the shadow City Minister first admitted that he had no idea what the deficit was, and then, after prolonged questioning, said that he had no idea when, or indeed whether, he had been able to go to the City. In fact, he had not been there at all.
The hon. Gentleman talked about spin, and about the John Bercow spin studio. I am afraid that, actually, the spin lessons in the House of Commons came from the Labour party when it was in government. The present Government have set out a clear plan, and this week we are implementing it. The hon. Gentleman talked about English votes for English laws. English votes for English laws was a manifesto commitment which we are implementing. Yesterday we debated devolution measures for England and Wales, a manifesto commitment which we are implementing. On Tuesday we debated the Immigration Bill, a manifesto commitment which we are implementing. So I will take no lessons from the Labour party about spin. This is a Government who are delivering what they promised.
The hon. Gentleman asked about Syria. We all take the situation in Syria enormously seriously. It is tragic and distressing beyond belief to see a country in such a state of chaos and ruins, and to see the human cost. I remind the hon. Gentleman, however, that we debated the subject for several days in September, and we will undoubtedly return to it when we need to. It is a matter that will be constantly in the minds of Ministers and the House, and we will continue to debate and discuss it at the appropriate moments.
The hon. Gentleman talked about the availability of time for a debate on tax credits. Again, I remind him that we had five days of debate on the subject following the summer Budget in July. He asked about English votes and the Lords message. He will have to wait for the debate next week, when I shall set out exactly how we plan to respond to all the issues that have been raised during the last few weeks and months.
The hon. Gentleman also asked about my legacy as Justice Secretary. I remind him that when the Labour party was in power—for 13 long years—if you had been in prison for less than 12 months, when you left you walked out of the door of that prison with £46 in your pocket and nothing else: no support, no guidance, nothing. It was shocking, it was a disgrace, and in all the years when the Labour Government had the money to do something about it, they did not. Well, as of last February, following the “Transforming rehabilitation” reforms, every single prisoner who leaves our jails will receive, for a minimum of a year, support, supervision and guidance. That is a massive change. It is a change I am proud of. It is a change that did not happen under the previous Government. It is a legacy that will be part of the social change that I think will mark the future view of this Government and what they achieved.
Finally, I echo the hon. Gentleman’s comments about the rugby world cup. In particular I offer my good wishes to Wales. May they do to Australia what unfortunately England were unable to do.
May I first thank the Leader of the House for his open and straightforward dealings with me as Chairman of the Procedure Committee? May I urge him, at this late stage, when he receives an embargoed copy of the Procedure Committee report tomorrow to seriously consider all our recommendations? They are not made lightly and I believe they will significantly improve the proposals in relation to English votes for English laws.
First, I thank my hon. Friend and all the members of the Procedure Committee. What I sought to do after the debates in the summer was respond to the requests of the House. We provided additional debating time and time for the Committee to look at these issues. I am grateful to my hon. Friend for the collaborative way in which he has worked with me. He is bringing forward new ideas challenging the proposals, but it has been a productive discussion. I can tell the House today that I have already taken on board some of the recommendations to me in the letter that came from the Committee in September, and I shall be reading the report very carefully when it arrives on my desk tomorrow.
(9 years, 1 month ago)
Commons ChamberMr Deputy Speaker, I am not sure whether it is appropriate to discuss in this House conversations that have been held with the Chair. Suffice it to say that consultations and discussions have taken place, as the right hon. Gentleman would expect. I have every faith in the Speaker’s ability.
Because my hon. Friend the Chairman of the Procedure Committee wants to intervene, I shall take two more interventions, but then I really will finish.
I look forward to seeing my right hon. Friend in September. In advance of that meeting, the Committee will speak to the Speaker’s Counsel, Parliamentary Counsel, the Clerk of the House and perhaps to former distinguished Clerks, so we shall have lots of questions to put to the Leader of the House when we see him in September.
(9 years, 1 month ago)
Commons ChamberThank you for calling me to speak in this debate, Mr Speaker. It is my first speech in the new Parliament and I rejoin the fray in another highly charged debate in this Chamber.
First, may I say that the Leader of the House has met me on a number of occasions in the past six weeks to keep me informed of the Government’s proposals? The problem we have, which afflicts the whole House, is that at this moment we have no Select Committees. Not a single Select Committee is meeting yet, because the relevant orders have not been laid.
The politics of what we are debating today and what we will debate next week are for the Government and this House to decide. I very much want to focus on a few areas that the Procedure Committee will want to cover later in this Parliament. As I said, the Committee is yet to meet. I hope we will meet before we rise for the summer recess, but that is not guaranteed. I will be sending a letter, as the elected Chairman of the Procedure Committee, to the Leader of the House later this week.
Is it therefore not distinctly odd that the Leader of the House wishes to take great pride in sticking to his manifesto commitment, when that commitment said he would consult the Procedure Committee before he brought the proposals to the House? He is trying to bring the proposals to the House before the Committee has met.
The pursuit of perfection is always to be desired, but it is not often achieved. That is the best answer I can give to the hon. Lady.
If the House votes for these changes next Wednesday, the Committee will want to consider how future Bills are drafted and whether their scope might be narrowed to enhance their Englishness. Will there be a temptation to narrow a Bill so that England comes to the fore and other parts of the Union are excluded? In due course, we will want to take evidence from Clerks and parliamentary counsel. In the last Parliament, there were some hard-won successes to make Report and programming more effective.
With the greatest of respect to the hon. Lady, I am not entirely sure what the Procedure Committee can do about that on its own. As she will be aware, when the Committee comes up with recommendations, they have to be brought to the Floor of the House for a vote. We can bring our ideas to the House, but we cannot require it to adopt them; there has to be a vote on the Floor of the House.
My hon. Friend might recall that the Leader of the House wisely said that the arrangements would be subject to review within a specified period, which would give the Procedure Committee the opportunity to consider not only the 22 pages, but the seven lines of proposed changes to Standing Orders that I have proposed and which would also give the Speaker the power to issue a certificate.
My hon. Friend makes a valid point. The Committee will take a close interest in these changes, if they are implemented by the House next week—that is my guarantee to the Chamber.
The changes, if adopted, will insert up to four extra stages after Report. It is important that the Leader of the House identifies in the near future where this time will come from. We cannot have the Report stage being pared back. If anything, there is an enormous appetite in the House for its being extended to provide greater scrutiny, so we would be concerned if no additional time was provided for the extra stages.
Does the hon. Gentleman not find it the tiniest bit ironic that when the Procedure Committee asked the previous Leader of the House for extra time on Report, it was turned down, but that now, all of a sudden, extra time and extra possibilities seem quite feasible?
I hope that extra time is indeed feasible. That is what I am asking for. It would be disastrous for the House and its ability to scrutinise and amend Bills if Report were truncated to take account of these new stages. Indeed, we might have to accept that the legislative process attached to certain Bills will become longer. Something will have to give. Either we will have to spend more time scrutinising fewer Bills, or we will have to extend the parliamentary day. More time will have to be found in the parliamentary week, or we will have to consider having fewer Bills.
Does this not sound more and more like the proverbial dog’s dinner in terms of its resolution and the procedures that will have to be introduced as a result?
It is for the hon. Gentleman to make that point. As I said, I want to keep out of the politics. I know that that is difficult for a Member of Parliament, but I will try my best.
I have briefly covered my concerns about Report, which I believe are shared by other colleagues I have spoken to.
The hon. Gentleman talks about more time being available for Report. Would not the guarantee of that be a House business committee? Is that not the logical conclusion of where we are heading? In his many discussions with the Leader of the House, has he detected any enthusiasm from those on the Treasury Bench for that proposition?
The right hon. Gentleman makes a wonderful intervention, because I am a huge fan of a House business committee, but he will recall that he was in the previous Cabinet, which did not bring forward such a committee. If the Government are minded to support one, they would obviously have my support in that ambition.
The hon. Gentleman just said he wanted to keep out of the politics and talk only about the procedure. I noted earlier the Prime Minister’s Parliamentary Private Secretary bending his shell-like. Was he talking to him about politics or procedure?
I can assure the hon. Gentleman, whom I know very well, that we were not talking about this proposal. I shall tell him what it was about outside the Chamber.
I want to make some progress because plenty of other people want to speak and I do not want to crowd them out. The Government will need to be careful in the language they use when introducing a Bill. It is right that an explanatory memorandum asserts the Government’s view about the scope of the Bill, but that assertion should not be made overtly or aggressively. We do not want a Bill introduced with the Government saying, “This is absolutely unquestionably relating to England only, and anyone who disagrees is a total and utter idiot”—that would be the subtext. They need to be careful in their language so as not to be seen to be putting undue pressure on the Chair—I dare suggest—to come up with a certification one way or another.
On the question of whether a Bill should apply to England only or some other combination, all Bills currently contain a territorial extent clause. Does that not give a very good indication of whether a Bill applies solely to one part of the kingdom or another?
It might well do. However, in the Conservative party’s manifesto for England, we say:
“The Speaker will be required to certify bills or clauses where English MPs must give their consent to equivalent English decisions where provisions are devolved to another part of the UK, or they have a separate and distinct effect for England. In reaching a decision the Speaker will have regard to any cross-border effects and the national significance of any legislation, for example infrastructure projects.”
I think, therefore, that there is still some debate around the issue my hon. Friend raises.
Is it not a good sign that we have had the Scottish Parliament for some years now and there have been no great issues about deciding what is a Scottish matter? If it is possible to know what is a Scottish matter, it must be equally easy to know what is an English matter.
I know that the Chair of the Procedure Committee will understand that decisions of the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly cannot have a financial consequence on this House, but that decisions of this House can have a financial consequence on Scotland, Wales and Northern Ireland. I know that someone of his expertise will have appreciated that point, even if it is lost on others.
I thank the right hon. Gentleman for his intervention, and, of course, I appreciate that point and the sincerity with which it has been put to me.
In seeking certification of various clauses as the Bill progresses after Report, it could be that on some occasions the Speaker needs to clarify the advice he has been given and will require additional time to seek advice, particularly where judgments are finely balanced. The Speaker must be allowed that time. I know that the Government have an imperative to get their legislation through as quickly as possible, but in bringing forward these proposals, the Government must recognise that on occasions there will need to be delay as advice is sought and considered by the Speaker.
Before the hon. Gentleman moves on to his next point, I want to ask whether he is concerned that the Speaker is wilfully and deliberately prohibited from giving the reasons for certifying that Bills are exclusively English or English and Welsh only? What justification could there possibly be for prohibiting the Speaker from explaining why he has provided such a certification?
I am intrigued by the hon. Gentleman’s reference to “cross-border”. Will he clarify whether there are even more parts of this jigsaw than we thought hitherto? If we take an issue such as HS2, those of us who are close to the English border and the connection at Crewe could be more deeply affected than, say, my hon. Friend the Member for Llanelli (Nia Griffith). Does that mean that some Welsh MPs could vote and others could not?
The hon. Lady makes a very good point. It is not for me to defend the Government’s position on this matter, or to make the arguments that the Government will make. Her point will, however, have been heard by the Leader of the House. In fact, I was almost coming on to the direct part of my rather long speech that most closely relates to the very observation she has made.
The guidance attached to the proposed Standing Order No. 83(j) says that the judgment of what is “minor or consequential” is for the Speaker. I think the Government should provide some examples of what they feel count as “minor or consequential”. We also need greater clarification of what the “or” means. As the right hon. Member for Gordon (Alex Salmond) knows, Standing Order No. 97(1)(a) relates to the Scottish Grand Committee, and the term used there is “minor consequential amendments”—there is no “or”. On the definition of “or”, I suggest, the fate of nations may turn, so we need to define what it means.
I have spoken for longer than I anticipated. Indeed, this is probably my longest speech in the 10 years I have been in Parliament. I have enjoyed taking interventions and hope I have responded as best I can. What I would say is that I take this place very seriously; I take the concerns of Members very seriously; and the Procedure Committee will look at this issue very seriously.
(9 years, 1 month ago)
Commons ChamberThe hon. Lady talks about rushing ahead. The West Lothian question has existed for 20 years. In 13 years of government, Labour did nothing to address it. This is something we worked on carefully in Opposition. It was a pledge in our manifesto. Last year, the former Leader of the House, William Hague, wrote to the acting leader of the Labour party inviting her to take part in cross-party talks on this very issue. Labour did not respond to that invitation, so I will take no lessons from Labour about an absence of cross-party discussion. The Labour party did not want to be involved, so we have gone ahead on righting this wrong without it.
We need to move ahead now, alongside devolution. We are delivering more powers to Scotland. We will deliver more powers to Wales. It is right that we now address the issue of fairness for England too. The hon. Lady talked about the time needed to assess to the effects. That is precisely why I have written the Chairman of the Procedure Committee asking him to review this in action over the next 12 months and why I have said we will review its operation in 12 months’ time.
The hon. Lady said she expected a voice not a veto, but what is a voice? Surely this is a simple premise. It is not right that a Scottish, Welsh or Northern Irish MP should be able to decide what happens on education in my constituency, whereas I have no say whatever the other way around. I say to the Scottish nationalists and the Labour party that I think most of their constituents would judge that simple proposition to be fair as well. Matters relating to schools and education in Scotland are decided in Holyrood in the Scottish Parliament. Why is it wrong for English Members of Parliament to have the ultimate say in what happens to schools in their constituency?
The hon. Lady talked about English MPs having two votes. This is not going to work like that. Everyone will walk through that same Division Lobby side by side. It is simply that an electronic system will enable us to establish in this House whether a vote is carried by both the whole House and by a majority of the MPs affected when the territorial extent of a measure is limited to either England, or to England and Wales. Again, why is that the wrong thing to do?
The hon. Lady talks about two classes of MP. The West Lothian question created two classes of MP. We are trying to restore fairness to the system. There is a central question for the Labour party. The Labour party is now a party of England and Wales. It is not a party of Scotland. Against all expectations, it has been wiped out in Scotland. In fact, the Conservatives came within 300 votes of being a larger Scottish party in this Parliament than Labour. Labour Members will have to explain to their constituents—if, as it appears, Labour is going to oppose these measures—why it is that they oppose fairness for England when it is okay to argue that powers in Scotland, Wales and Northern Ireland should be extended. I support the extension of powers to the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly. We are doing the right thing. It is also surely right to ensure that we can give a fair deal to the English too. That is what these measures are about.
I thank the Leader of the House for his statement. The Procedure Committee will do a quick and dirty technical review of the changes in the time that remains before recess, but it will take time for the procedural implications of the changes to Standing Orders to become apparent. I suspect we will need to revisit this issue at some stage within the next 12 to 18 months.
I absolutely agree with my hon. Friend. I congratulate him on his uncontested re-election as Chair of the Procedure Committee. That shows the respect this House has for him. I ask him to see this as an ongoing task for his Committee. I have said I will return to this in 12 months’ time. In the meantime, I would like him to track the workings of this not simply over the next few weeks, but over the next few months. I would like the Procedure Committee to be absolutely central to deciding how this evolves as the months go by.
(9 years, 5 months ago)
Commons ChamberThank you for calling me to speak in this debate this afternoon, Mr Speaker. I am not ashamed to say that I admire you. I am a friend of yours. I have not yet seen your kitchen, but I hope to one day. You have done an enormous amount for this House and you have done an enormous amount to empower this Chamber. Mr Speaker, we do share a weakness and we both know what that weakness is: we both have a temper, and we need to work together to better manage our tempers in the future. I was quite cross with a couple of very decent Whips yesterday and I apologise to them today, as I did yesterday.
The report should not be about you, Mr Speaker, and it is becoming about you. I fear that the Government have wanted it to become about you. It should be about the position of Speaker. On 6 February 2013, my Committee decided to bring forward this report. We were going to recommend a motion that the status quo be retained. This was an amendable motion, so those colleagues who disagreed could have amended the motion and a vote could have taken place. On 7 February, I wrote a letter to the then Leader of the House, my right hon. Friend the Member for South Cambridgeshire (Mr Lansley), notifying him of this matter and asking that our debates be taken in prime time, so the whole House could come to an informed decision.
At about that time, circumstances meant that the Government felt unable to bring forward the report. We agreed with the Government’s view on the matter. On 28 January 2015, we met the Leader of the House and had further discussions about various reports, including on the election of the Speaker. I sent a letter on 3 February confirming the Committee’s firm and unanimous view—the Committee is made up of all sorts of people from all sorts of parties—that any vote should take place in prime time so that the House could come to an informed decision.
I do say to the Government that this is not, I think, how they expected today to play out. The Government were hoping that the party would be kept here under a three-line Whip for a party meeting and that others would have gone home. This does not reflect well on the Government.
May I just say that how one treats people in this place is important? This week, I went to the leaving drinks for the Leader of the House. I spent 20 minutes saying goodbye to his special adviser yesterday. I went into his private office and was passed by the Deputy Leader of the House yesterday. All of them would have been aware of what they were proposing to do. I also had a number of friendly chats with our Chief Whip yesterday, yet I found out at 6.30 pm last night that the Leader of the House was bringing forward my report.
I have been played as a fool. When I go home tonight, I will look in the mirror and see an honourable fool looking back at me. I would much rather be an honourable fool, in this and any other matter, than a clever man. [Applause.]
(9 years, 6 months ago)
Commons ChamberI beg to move,
That–
(1) this House approves the recommendations contained in the Third Report of the Procedure Committee, E-petitions: a collaborative system (HC 235), concerning the establishment of an e-petition system jointly owned by the House and the Government, and of a Petitions Committee with responsibility for overseeing both the e-petition and the existing paper petitioning system;
(2) the following new standing order accordingly be made, with effect from the start of the next Parliament—
“Petitions Committee
(1) There shall be a select committee, called the Petitions Committee, to consider public petitions presented to the House and e-petitions submitted through the House of Commons and Government e-petitions site.
(2) The committee shall consist of not more than eleven members.
(3) The committee shall have power to send for persons, papers and records, to adjourn from place to place, and to report from time to time.
(4) The committee shall have power to appoint a sub-committee, which shall have power to send for persons, papers and records, to adjourn from place to place, and to report to the committee from time to time.
(5) The committee shall have power to report from time to time the evidence taken before the sub-committee.
(6) The quorum of the sub-committee shall be three.
(7) The committee shall be responsible for determining whether a sitting should take place in Westminster Hall under paragraph (1)(a) of Standing Order No. 10 (Sittings in Westminster Hall) to consider one or more petitions or e-petitions, and shall report any such determination to the House.”; and
(3) the following amendments to standing orders be made, with effect from the start of the next Parliament—
Standing Order No. 10 (Sittings in Westminster Hall)
In paragraph (1)(a), leave out “Backbench Business Committee” and insert “Petitions Committee”.
In paragraph (1)(a), leave out “e-petition or e-petitions” and insert “one or more petitions or e-petitions”.
Standing Order No. 14 (Arrangement of public business)
Leave out paragraph (5).
Standing Order No. 122B (Election of select committee chairs)
Add the following new sub-paragraph to paragraph (1):
“() the Petitions Committee.”
Standing Order No. 152J (Backbench Business Committee)
In paragraph (8)(b), leave out “paragraphs (4) and (5) of Standing Order No. 10” and insert “paragraph (7) of Standing Order No. 10”.
Of the Procedure Committee’s three debates this afternoon, this is the big enchilada: the one that the House—or at least those in the Chamber—has been waiting for with bated breath.
On 8 May, the House agreed to establish a collaborative e-petitions system. In the intervening time, the Procedure Committee has worked hard to come up with a workable and robust set of proposals. In brief, we are proposing the following system. A petition will need to attract the support of six people before going live, and it will remain live for six months. Oversight of the joint e-petition system will be undertaken by a House of Commons Petitions Committee, which will have an elected Chair and elected Members. The Committee will be able to correspond with petitioners on their petition, and to call them for oral evidence. It will be able to refer a petition to the relevant Select Committee, and to seek further information, either written or oral, from the Government. May I say that oral evidence will be requested only in exceptional circumstances? The Committee will obviously be allowed to put forward petitions for debate. It will be supported by excellent House of Commons staff.
May I remind hon. Members, who may be drawing breath at the thought of the creation of another Committee, that the House had a Petitions Committee from the early 19th century up until 1974? It is not the Procedure Committee’s intention to create an additional Committee, but for the new Petitions Committee to replace an existing Committee. However, that is for the business managers to decide.
In his evidence to us, the then Leader of the House, my right hon. Friend the Member for South Cambridgeshire (Mr Lansley), said:
“I think it is important to have a committee in some form to highlight to the public that Parliament treats this seriously, to make sure that Government departments respond properly and fully, and to be able to recommend debates where necessary.”
The Petitions Committee will decide which petitions merit further action. It will take the existing threshold of 100,000 signatures as the established starting point for considering whether there should be a debate in the House. However—this “however” is very important—in this age of mass campaigning, the Committee will also be mindful of smaller petitions that although not benefiting from the support of well-funded and organised pressure groups are nevertheless deemed to be of great importance to a community and it will perhaps be mindful, in extreme cases, even of a petition from an individual.
The Petitions Committee will seek to improve engagement with petitioners. Often, those submitting and supporting a petition will not get the exact outcome they want, but they will hopefully feel that their concerns have been appreciated and heard through constructive engagement with the Committee, and through receiving responses from the Government and—on occasion—the relevant Select Committee. Moderation of the site will be carried out by e-petition staff.
It is also our intention for the e-petition system to contain a facility that allows our constituents to alert us when they have signed a petition—after all, we all greatly enjoy and love hearing from our constituents. That facility would be provided through the provision of an e-mail address, and a strong suggestion that when our constituents provide us with an e-mail address they also provide us with their home address so that we can verify that they are our constituents.
The threshold of six signatures has been identified because it requires the lead petitioner to seek support for his or her position, but ensures that in seeking that support the demands on the individual are not too onerous. Within the current system, around one in five e-petitions that have been submitted have attracted fewer than three signatures, and 42% have attracted fewer than six. This is a petition system; it should not be for individual representations as those are best made to the relevant Member of Parliament. To emphasise the parliamentary oversight of the system, and in line with the House’s historic role as the principal recipient of public petitions, we have recommended that the site’s URL be e-petitions.parliament.uk, with a clear link from the Parliament website to the e-petition site.
On the important matter of privilege, a petition should not be privileged simply by virtue of having been approved by staff of the Petitions Committee. The House publishes much material on its website that is not a proceeding in Parliament and is therefore not privileged. The point at which an e-petition becomes a proceeding in Parliament will be when it is considered by the Petitions Committee. Only when the Committee has considered the petition and considered it fit for presentation to the House will it constitute a proceeding in Parliament. Notwithstanding the issue of privilege, it is possible that a petition published on an e-petition site, and endorsed and established by the House, could attract the more limited protection of the Parliamentary Papers Act 1840. Therefore, the Petitions Committee staff drawn from the House will need to exercise their usual great care in the moderation of petitions, to ensure that no potentially actionable material is published in an e-petition without the explicit authority of the Petitions Committee.
A petition will be open for signature for six months. After that, the title of each e-petition will be recorded in a list in the Votes and Proceedings of the House, together with the number of signatures it has attracted. Should a Member wish to pursue it, the paper petition system will enable the formal presentation of the subject of an e-petition on the Floor of the House.
In bringing forward debates we recommend that the Petitions Committee assume responsibility from the Backbench Business Committee for determining debates on e-petitions in Westminster Hall. Importantly, the Chair of the Backbench Business Committee, the hon. Member for North East Derbyshire (Natascha Engel), is supportive of that change. If the Petitions Committee decided that a petition warranted debate in the main Chamber, it could approach the Backbench Business Committee and ask for that time to be provided. However, the Backbench Business Committee is under no obligation to grant that time—there will be no land grab.
For paper petitions, we have concluded that the rules and procedures should remain as they are, with one exception, which is to provide the Petitions Committee with the power to consider paper petitions and take appropriate action, alongside petitions coming through the electronic system. I believe that change will strengthen the paper petition process.
Let me return to the vexed issue of cost. The cost of the new system we are proposing is set out at the back of our report, but we estimate the one-off start-up cost at £188,000, with an annual running cost of around £115,000. Those costs will be shared between the House and the Government. There could also be an additional cost of £39,000 to enable data from the site to be made available through data.parliament.uk. That cost will be borne by the House, if approved by the Finance and Services Committee.
In addition to the cost of setting up and maintaining an electronic petition system, we estimate that the staffing cost will be about £200,000 per year, equating to a team of four full-time equivalent people—Officers of the House. The cost of those House staff will be borne entirely by the House. Finally, the running cost of the Petitions Committee, depending on its practices, is expected to be around £50,000 per annum. If anybody is doing a running total, I believe that those numbers add up to about £395,000—if they do not, any hon. Lady or Gentleman who discovers that my maths is wrong can approach me later. For further details of costs, I refer colleagues to the recently published memorandum from the accounting officer that is available in the Vote Office.
To conclude my rather lengthy remarks, I thank my excellent Committee Clerks. They are heroic in every way—patient, intelligent, insightful and rather brilliant, and I thank them for the huge amount of effort that they have put into this report. I also thank the Government digital service and the former Leader of the House, who is sitting next to me, for his efforts in bringing this Committee to life. A joint Petitions Committee overseen by a Committee of the House is one of the most amazing things that has happened in this place for some time, and he is to be congratulated on his foresight in allowing it to become possible. I also thank the current Leader of the House for the support he has given our Committee in bringing forward these proposals.
(9 years, 6 months ago)
Commons ChamberI beg to move,
That this House approves the recommendations of the Procedure Committee in its Fourth Report of Session 2014-15, on Queen’s and Prince of Wales’s consent (HC 871), and accordingly:
(a) endorses the practice of not requiring consent to be re-signified when a bill has been carried over from one session to the next;
(b) orders that, where it is required, Queen’s and/or Prince of Wales’s consent be signified at third reading, whatever the nature and extent of the prerogatives or interests engaged; and
(c) endorses the practice of noting the need for consent in relation to a particular bill by including a note on the Future Business section of the order paper that consent is to be signified on third reading as soon as this requirement is known.
In its report on “The impact of Queen’s and Prince’s Consent on the legislative process”, published in March 2014, the Political and Constitutional Reform Committee made several proposals to change the process for obtaining and signifying consent to Bills before Parliament. The Procedure Committee agrees that consent should not be re-signified when a Bill has been carried over from one Session to the next, and we recommend that the House should formally endorse that practice.
In a departure from the recommendations made by the Political and Constitutional Reform Committee, the Procedure Committee suggests that consent should continue to be given by a Privy Counsellor, as we have seen no evidence that any Bill has been delayed by the fact that a Privy Counsellor was not present. The Committee’s view is that continuing the current signification process is more open and transparent.
Currently, consent can be signified either on Second Reading or on Third Reading, depending on the extent or nature of the way in which the prerogatives or interests of the Queen or Prince of Wales are affected. However, even when consent has been signified on Second Reading, amendments at subsequent stages can require consent to be re-sought and re-signified on Third Reading. We therefore share the concerns of the Political and Constitutional Reform Committee that the signifying of consent at different legislative stages can add confusion to the legislative process.
On 30 October, the other place agreed that, where necessary, whatever the nature or extent of the interests or prerogatives engaged, consent by the Queen or Prince of Wales should be signified in that House on Third Reading. Following the decision of the other place and the recommendations of our colleagues on the Political and Constitutional Reform Committee, we recommend that, where it is required, consent should be signified on Third Reading, whatever the nature and extent of the prerogatives or interests engaged.
We recommend that the House should formally endorse the practice of noting the need for consent in relation to a Bill by including a note in the future business section of the Order Paper that consent is to be signified on Third Reading, as soon as this requirement is known.
(9 years, 6 months ago)
Commons ChamberI beg to move,
That–
(1) this House approves the following recommendations of the Procedure Committee in its First Report of Session 2014-15, Business in Westminster Hall (HC 236), and Fifth Report, Business in Westminster Hall: Government response and revised Standing Order No.10 (HC 1035):
(a) that the final debate on Tuesdays and Wednesdays in Westminster Hall be extended from half an hour to an hour (First Report, paragraphs 5 to 11);
(b) that debate in Westminster Hall take place on ‘general debate’ motions (“That this House has considered [a specified matter]”), rather than motions for the adjournment of the sitting, provided that such motions are expressed in neutral terms (First Report, paragraphs 17 to 22 and 26, and Fifth Report, paragraph 6);
(c) that the Chairman of Ways and Means should be given overall responsibility for the business at all sittings in Westminster Hall, subject to the ability of the Backbench Business Committee and the Liaison Committee to nominate subjects for debate on Thursday afternoons (First Report, paragraphs 27 to 29);
(d) that the Chair in Westminster Hall should have the power to order a disorderly Member to withdraw from the sitting, and that if a disorderly Member refuses to withdraw when ordered by the Chair, the Chair should have the power to suspend the sitting and to report the conduct of the Member to the House (First Report, paragraphs 30 and 31); and
(e) that the provision of the existing Standing Order No. 10 enabling the House to appoint not more than four members of the Panel of Chairs to sit in Westminster Hall as Deputy Speaker be repealed (First Report, paragraph 34); and
(2) with effect from the start of the next Parliament, Standing Order No. 10 (Sittings in Westminster Hall) accordingly be repealed and replaced with the following revised standing order:
“Sittings in Westminster Hall
(1) On days on which the House sits there shall also be a sitting in Westminster Hall–
(a) on Mondays beginning at 4.30pm and continuing for up to three hours, if the Backbench Business Committee has reported its determination that a sitting in Westminster Hall to consider an e-petition or e-petitions should take place on that day;
(b) on Tuesdays and Wednesdays beginning at 9.30am, which shall be suspended from 11.30am till 2.30pm and may then continue for up to a further three hours; and
(c) on Thursdays beginning at 1.30pm and continuing for up to three hours.
(2) The exceptions are as follows.
(a) That there will be no sittings in Westminster Hall until the House has concluded its debate on the Queen's Speech at the commencement of each Session.
(b) That if the sitting occurs on a Tuesday or Wednesday which is the first day on which the House sits immediately following a periodic adjournment of the House of more than two days, the sitting shall be between 9.30am and 2.30pm.
(3) When a sitting (including the time when a sitting is due to commence or resume), or any part of a sitting, in Westminster Hall coincides with a sitting of the House, the Chair shall suspend the sitting to allow Members to participate in any division called in the House or a committee of the whole House, and the time taken for any such suspensions shall be added to the duration of the sitting in Westminster Hall specified in paragraph (1) of this order and to any time specified by the Chairman of Ways and Means under paragraph (6) of this order.
(4) Any Member of the House may take part in a sitting in Westminster Hall.
(5) The quorum at a sitting in Westminster Hall shall be three.
(6) The business taken at any sitting in Westminster Hall shall be such as the Chairman of Ways and Means shall appoint, and may include oral questions. The Chairman of Ways and Means may specify the finishing time of any business taken at a sitting in Westminster Hall; and the motion under consideration shall lapse at that time if not previously disposed of.
(7) Notwithstanding paragraph (6), the business taken at any Thursday sitting in Westminster Hall shall be such as the Backbench Business Committee or the Liaison Committee shall determine; and so far as possible the time available at such sittings during a Session shall be divided as nearly as practical equally between those committees, subject to the agreement of the Chairs of those committees.
(8) If a motion is made by a Minister of the Crown that an order of the day be proceeded with at a sitting in Westminster Hall, the question on it shall be put forthwith, but such motion may be made only with the leave of the House and may not be made on a Friday.
(9) If any business other than a motion for adjournment or a motion to which Standing Order No. 24B (Amendments to motions to consider specified matters) applies is under consideration at a sitting in Westminster Hall, and not fewer than six Members rise in their places and signify their objection to further proceedings, that business shall not be further proceeded with in Westminster Hall, and the Chair shall report to the House accordingly, and any order under paragraph (8) above relating thereto shall be discharged.
(10) The Chairman of Ways and Means or a Deputy Chairman may take the chair in Westminster Hall as Deputy Speaker; and any member of the Panel of Chairs may also take the chair at a sitting in Westminster Hall when so requested by the Chairman of Ways and Means.
(11) If any Member persistently defies the authority of the Chair at a sitting in Westminster Hall, the Chair of that sitting may order the Member to withdraw from that sitting; and if the Member does not do so, the Chair may suspend the sitting and report the conduct of the Member to the House.
(12) Any resolution come to at a sitting in Westminster Hall (other than a resolution to adjourn) shall be reported to the House by the Deputy Speaker and shall be a resolution of the House.
(13) If at a sitting in Westminster Hall the opinion of the Chair as to the decision of a question (other than a question for adjournment) is challenged, that question shall not be decided, and the Chair shall report to the House accordingly; and any such question shall be put forthwith upon a motion being made in the House.
(14) At the end of each sitting in Westminster Hall, unless a question for adjournment has previously been agreed to, the Chair shall adjourn the sitting without putting any question; and proceedings on any business which has been started but not disposed of shall lapse.
(15) The provisions of Standing Orders No. 29 (Powers of chair to propose question), No. 36 (Closure of debate), No. 37 (Majority for closure or for proposal of question), No. 38 (Procedure on divisions), No. 39 (Voting), No. 40 (Division unnecessarily claimed), No. 41(Quorum), No. 43 (Disorderly conduct), No. 44 (Order in debate), No. 45 (Members suspended, &c., to withdraw from precincts), No. 45A (Suspension of salary of Members suspended) and No. 163 (Motions to sit in private) shall not apply to sittings in Westminster Hall.”
Sittings in Westminster Hall have become an established feature of House of Commons life. However, the Committee felt that there was room to make some small improvements to the second Chamber, which has remained largely unchanged since it came into use in November 1999. Although not welcoming all our proposals, the Government have supported many of the Committee’s recommendations in its report of 10 September 2014. I shall focus on those in this brief speech.
First, we recommend the introduction of two one-hour debating slots to take place at the end of Tuesday and Wednesday sittings. These hour-long debates will replace the half-hour debates at the ends of those two days and extend the sitting in Westminster Hall by half an hour. It is hoped that the hour-long debates will provide some additional flexibility for Members. This change, if approved by the House, will allow more colleagues to intervene or take part in a debate and provide the opportunity for the Opposition Front Bencher to make a short contribution. I stress that the emphasis really is on “short”—just a few brief observations. Additional tidying-up measures will see the Backbench Business Committee assume responsibility for allocating one 90-minute debate per week in Westminster Hall. As you will be aware, Madam Deputy Speaker, this has been trialled over the past year and has proved to be a success, so we wish to make it a permanent part of the House’s procedures.
We recommend that overall responsibility for the business of all sittings in Westminster Hall should be given to the Chairman of Ways and Means. Such a move would provide a single point of authority for all sittings and remove uncertainty about the oversight of Thursday sittings. The appointment of business for each day will continue to reflect the requirements set out in Standing Orders, protecting the nomination of debates by the Liaison Committee and the Backbench Business Committee. An advantage of transferring responsibility for Thursdays to the Chairman of Ways and Means is that on the rare occasions that neither the Backbench Business Committee nor the Liaison Committee have nominated a subject for debate, the Chairman could nominate a replacement subject.
The Committee recommends that those chairing Westminster Hall debates should have the power to order, as opposed to ask, a disorderly Member to leave the second Chamber. If the Member does not comply with that request, the Chair has the power to suspend the sitting and report the conduct of the Member to the House. Let me be clear: the purpose of giving the Chair such a power of last resort would be to make it more likely that it need never be used.
Finally, in a continued drive to make the procedures of the House more relevant and accessible to the public and its Members, we recommend that debates taken in Westminster Hall be termed “general debates” as opposed to “Adjournment debates”. The title of such debates must remain genuinely neutral and free from argument or implied opinion.
I hope that the recommendations that I have briefly outlined will find favour with the House.
I have heard what the hon. Gentleman has had to say. He has now made two forceful bids for that report to be debated. It is worth underlining, however, that the hon. Gentleman will be as aware as anyone of the range of views on the issue of private Members’ Bills and how the process could be improved, ameliorated or changed.
Given that we have strayed into the area of private Members’ Bills, I shall be brief, Madam Deputy Speaker, because I know this is slightly naughty. The Government’s opposition to so much of that report seems implacable, so it is probably best that it is not debated in this Session, unless that opposition relents.
I thank my hon. Friend for that clarification and apparent counter-bid to block any proposal to debate that particular report.
I would now like to move on to the motion and thank my hon. Friend for the way in which he set it out. The motion is the result of the Procedure Committee’s “Business in Westminster Hall” report, published in October 2014, and the follow-up report, which included the Government response and a revised Standing Order No. 10, published in January.
I am grateful to the Chair of the Committee for the comprehensive way in which he set out the implications for the House of agreeing the motion. I am also grateful for the work of the Committee and pleased that the report recognises that the Government accepted the majority of the recommendations in the original report.
The changes that will be introduced if the House approves the motion represent a sensible package of evolutionary changes to the work conducted in the second Chamber. Westminster Hall has proved itself as a valued resource since its introduction in 1999. Indeed, I can confirm that I used to make extensive use of Westminster Hall, usually for debates on the future of my local hospital, St Helier, on which my right hon. Friend the Member for Sutton and Cheam (Paul Burstow) and I continue to campaign to this day, although that is not the purpose of this debate. The changes will, I hope, add further to the status of Westminster Hall. We have already seen some of the changes during this Parliament. For example, the use of additional time on Mondays for the consideration of e-petitions by the Backbench Business Committee is testament to the sort of valuable work that is conducted in Westminster Hall.
The Procedure Committee’s recommendation for the provision of one-hour debates on Tuesdays and Wednesdays—by extending sittings for half an hour—will provide useful additional flexibility and is a welcome recognition of anecdotal evidence that many Members who wish to raise issues feel constrained by the limits of a 30-minute debate, but would not necessarily wish to apply for a 90-minute debate. That change will be welcomed by Members, without placing additional onerous requirements on Ministers and Opposition spokespeople. The arrangements set out in chapter 2 of the Committee’s original report, to provide an opportunity for Opposition spokespeople to participate in such debates, are sensible, although my hon. Friend the Member for Broxbourne will have heard a request from the hon. Member for Dunfermline and West Fife (Thomas Docherty) for clarification on the precise role that Opposition spokespeople will play. I and others would certainly appreciate clarity from the Procedure Committee on whether the proposal is optional or the Member who has initiated the debate will have to request it.
Similarly, the changes that mean that debates in Westminster Hall will be considered on neutral general motions, not Adjournment motions, is entirely sensible. Clearly, there are people among the wider public who understand what an Adjournment motion is, but I suspect the overwhelming majority of members of the public, and perhaps Members of Parliament, would be more comfortable with “general motions” as a clear description of what is being debated.
On speeches by Opposition Front Benchers, the report says that
“so long as they are brief we recommend that Opposition spokespeople be able to participate in hour-long debates in Westminster Hall. We trust that Chairs in Westminster Hall, backed by the Chairman of Ways and Means and the Panel of Chairs, will offer robust guidance to Opposition spokespeople on the appropriate length of their speeches.”
It is not the Committee’s intention that Opposition spokespeople get the same amount of time as a Minister.
I thank my hon. Friend for that clarification, although it still leaves slightly open the question of whether it is optional. The Chair could choose not to allow the Opposition spokesman or woman to speak. I am sure that can be clarified in the future.
Many in the House are keen that our work is as open and transparent to members of the public as possible, and this is a small step in the direction of giving the House’s procedures greater clarity and consistency.
The Government did not agree with three issues in the original report. Those issues are set out in the Government response and the subsequent report containing the revised recommendations. I am grateful to the Committee for being willing to accept the Government’s view on those issues, and for bringing before the House a set of proposals that should have widespread support from across the House.
With regard to the use of substantive motions in Westminster Hall, the Government agree that the main Chamber is the proper place for debates on amendable business, not least in view of the practical difficulties surrounding voting in Westminster Hall. The Government do not wish to rule out the possibility of taking some substantive business in Westminster Hall at some point—for example, to remove pressure on the Chamber—but much more work would need to be undertaken on the practical and procedural implications. For that reason, the Government did not support the recommendations of the Committee for the repeal of paragraphs (9) and (12) of Standing Order No. 10, although we accept that those provisions have not been used.
The Committee recommended that the current sittings on Mondays and Thursdays be swapped so that Select Committee debates chosen by the Liaison Committee and Back-Bench debates would be taken on a Monday, and any debates on e-petitions would be scheduled on a Thursday. Contrary to what the hon. Member for Dunfermline and West Fife said, the Government are committed to maintaining the integrity of Thursday as a full parliamentary day, which I hope all Members of the House will respect. The Committee’s proposals, which the Government could not support, would send a contrary signal, particularly given that there would be no business in Westminster Hall on many Thursdays.
The Committee proposed an earlier start and finish time in Westminster Hall on Thursdays. Without evidence of widespread support for this measure, the Government opposed it. I am grateful to the Committee for deciding not to press that proposal.
I again thank the Committee for its work. I ask the House to support the motion. If approved, the new Standing Order would be introduced at the start of the next Parliament.