Standing Orders (Public Business) Debate
Full Debate: Read Full DebateChris Bryant
Main Page: Chris Bryant (Labour - Rhondda and Ogmore)Department Debates - View all Chris Bryant's debates with the Leader of the House
(9 years, 1 month ago)
Commons ChamberI have looked carefully at that issue, as my hon. Friend knows. I have not identified measures outside the estimates process that create a Barnett consequential. I have been very clear in the proposed changes to Standing Orders that the estimates process remains outside the proposals. I have asked officials to continue to monitor this matter over the period leading up to the review and to produce information that can be presented to the House in due course. I give my hon. Friend and the House a commitment that if we identify a problem in this area, I will return to it as part of the review.
I intend this to be a process of development, rather than a one-off. The House will undoubtedly take decisions over the next 12 months about how we want to modify the system to make it work. That is right and proper with a new approach. I give my hon. Friend an absolute commitment that that information will be provided to the House ahead of the review.
I am very grateful for all the things the Leader of the House has said about the idea that this should be a pilot that we should engage in for a period and then review. We tabled amendment (e), which would mean that the changes to Standing Orders would be in place until the end of the parliamentary Session—that is to say, until next May. That seems perfectly in line with what the Procedure Committee said. It would provide the opportunity, as the Leader of the House has just said, to review the operation of four or five Bills and several statutory instruments. If the Government then wanted to come forward with another set of measures, whether they were identical measures because everybody thought that they were working wonderfully or different measures, they would be able to do so. Would that not be a sensible way to proceed that would allow him to take the whole House with him?
I studied the hon. Gentleman’s amendment carefully. There are two problems with it, or two reasons why our approach is right. First, it prejudges the length of the Session. We have not announced the length of the Session. Opposition Members will remember that the first Session of the last Parliament was two years long. Therefore, in some circumstances, his proposal would extend the trial period rather than reduce it. We do not know the date of the end of the Session, so it is difficult to commit to a pilot of that length.
Secondly, if the Session does finish next spring, we will not even, in my judgment, be able to test to the level recommended by the Procedure Committee, because not enough Bills to which these procedures apply would have been laid before the House. I understand the point the hon. Gentleman is making but, with respect, I think the approach we have taken is better and I intend to stick to it.
Thank you, Madam Deputy Speaker, for bearing in mind that I voted for you. However, I do take your stricture seriously, because I think that it applies to self-important Members as well.
Seriously, it is a real shame that the Leader of the House did not even bother to lay out what his measures will do, but there is a reason for that. Let me start with four very simple principles. First, Government must be by consent, which means that no state should abrogate to itself decisions that could more properly be made closer to those whom they most affect. That is why I support devolution to and within Scotland, Wales and Northern Ireland. It is also why I support England having a clear and distinctive voice in this Parliament. For that matter, I also believe that power, responsibility and finance need to be devolved further within England, because we are, and have been for far too long, a very centralised state.
My second principle is that I passionately support the Union. It is in the best interests of my constituents and of all our constituents. I know that the people of this country agree with that—not everyone, but the vast majority. That is why I will do nothing that will undermine or imperil the Union. It has stood us extremely well through war and depression and in sickness and in health.
My third principle is that all MPs are equal. We all arrive with an equal right to speak, and to make our constituents’ voices heard. In the old writs of return for Members, it was called the full power—plena potestas—to debate, agree, legislate and tax. Overturning that equality of all Members, which has stood the test of 800 years, is a big step to take.
The Leader of the House quoted Sir William Mckay. Does my hon. Friend agree that one of the things in the Mckay report was that there should be absolutely no move whatsoever towards the creation of two classes of MPs, but that is precisely what this does?
My hon. Friend makes a very good point, which is that the Mackay commission lays out various different routes that one could go down, but makes it absolutely clear that one of his fundamental principles was that there should not be two tiers of MPs.
I asked the Leader of the House earlier on about how a Welsh Conservative MP could be appointed a Minister of the Crown in an area that is not devolved. Does my hon. Friend understand how that could practically be the case under these proposals if that Minister was not permitted to participate in the Committee stage of a Bill under his own jurisdiction?
If I am honest, the reason I was upset that the Leader of the House did not lay out his plans was that, in the previous debate that we had earlier this year which I did not take part in but which I read, I noticed that he made several mistakes about his own proposals. I do not honestly think that he fully understands them. It is certainly true that people would be able to take part in debates, but they would not then be able to table amendments.
It was a delight to see the right hon. Member for Wokingham (John Redwood) telling us all how terrible it was that powers had been forced on other people by MPs from different parts of the country. When he was Secretary of State for Wales, despite not representing a Welsh seat, he introduced, much against Welsh views, the shape of local government that we have in England today.
I am duty bound to give way to the right hon. Member for Wokingham, but then I will make some progress.
In those days, we had a unitary state, where it was accepted that this place made all the decisions for all parts of the United Kingdom. We have moved on. What we are saying is that it is unfair if some parts of the UK have devolution and others do not.
The thing is the right hon. Gentleman is not arguing for devolution in England; he is arguing for a completely different thing. He is arguing to change this Parliament. The devolution that was introduced in Scotland, Wales and Northern Ireland was on the back of a long process that gathered the views of the whole community. There were referendums, draft Bills and Bills.
I love the hon. Gentleman, but I will make some progress.
Fourth, because our constitution is unwritten, we should enter into major constitutional change not unadvisedly or lightly but, in the words of the Prayer Book, discreetly, advisedly and soberly. That means that, when possible, the Government of the day should always proceed on a cross-party basis. Where they cannot do so, especially when one party alone holds a view, they should proceed with extreme caution. All these issues should be looked at in the round, in a proper constitutional convention. We cannot make these changes merely by altering the Standing Orders of this House. That is a thoroughly disreputable way of changing the constitution of this country.
I will give way in a moment.
My problems with the measures before us are many. First, they are far too complex, which is why the Leader of the House did not bother to explain them this afternoon. They introduce at least six new processes for each Bill. They will be incomprehensible to most Members of this House let alone the wider public. In years to come, people will be running competitions to see whether anyone can explain these measures in fewer than 1,000 words. I bet that nobody will ever win that prize.
The Procedure Committee produced an excellent report at the beginning of this week. It calls the proposals “over-engineered, complex and rococo”—that have more curlicues, arabesques and flourishes than the whole of the Vatican City put together. In any one day, we may be convened and reconvened as the full House, the English Legislative Grand Committee, the English and Welsh Legislative Grand Committee, a Committee of the Full House, and back again. There will be motions, money motions, programme motions, legislative consent motions, reconsideration motions followed by new legislative consent motions, followed by motions to agree or to disagree wrapped up in a majority and a double majority.
For the first time in our history, the tellers will become redundant, disappearing into the reasons room at the end of votes to be told the double majority result by the computerised Clerks. Some have described this as constitutional knitting, but at least knitting has a rhyme and reason to it. This will be a bowl of soggy, overcooked spaghetti.
I am extremely grateful to my hon. Friend for giving me the chance to intervene. I tried to intervene on the Leader of the House, but was not able to do so. If I had been able to intervene, I would have said that I genuinely have some sympathy for the points that he and the Conservative party have put forward. The current situation is not tenable. It has caused resentment and we should have tried to sort it out. My objection is to the process. This is a major constitutional change; it is not a change to Standing Orders. Having won the referendum, to do this without a convention frankly risks ending the Union in a way that the Scottish National party could only have dreamt of.
Order. With 50 Members waiting to speak, we just cannot have long interventions. It is simply discourteous to those who are waiting to speak. We must have interventions to keep the debate flowing lest it becomes unlively.
I will try to keep it lively, Madam Deputy Speaker, but I might fail.
My hon. Friend the Member for Stalybridge and Hyde (Jonathan Reynolds)makes a good point. I agree with him and with some of the points that the Leader of the House has made. I believe that England needs a distinctive voice in this Parliament and I personally have no objection whatsoever to an England-only Committee to do the line-by-line consideration of legislation that applies only to England. However, like the McKay commission, I believe that there is a real danger when a veto is given to English MPs only, as that creates two tiers of MPs.
There is a further problem. As McKay points out, if the Government or the whole House feel at some point that they have to override English MPs, which is perfectly legitimate, it should be absolutely clear that that is what they have done. The whole House or the Government would then take the political risk, just as the Government would take it on the head if they appointed a Welsh MP to a post that involved largely devolved responsibilities.
I am grateful to the hon. Gentleman for giving way, as I am aware of the time constraints. He has sympathy with the approach, but does he not appreciate that it originated in 1997 when I tabled an amendment on similar but much shorter lines—only seven lines long—to deal with the problem? At the end of the day, this is not about different classes of MP but about different functions conferred under the process of devolution.
I am not so sure. At first sight, the hon. Gentleman’s suggestions seem perfectly sensible, but I have often found when I examine them a little more carefully that they do not really work in practice. He is nodding his head; he agrees.
The hon. Gentleman said that he would give a prize to anyone who produced a short summary and said that it would be impossible. The House of Commons Library has managed it in three quarters of a page; would it have helped him to have read that before he came here today?
I have read the House of Commons Library summary, but if the hon. Gentleman looks carefully, he will see that it does not lay out all the processes. It lays out only half the processes—[Interruption.] I note that the hon. Gentleman has picked something up from the Library and feels that on the back of that he can come in to the Chamber and be awfully clever—[Hon. Members: “Ooh!”] There we are; the debate is lively enough now, isn’t it, Madam Deputy Speaker?
The hon. Gentleman’s point about two classes of MP is important and one that we should tread very carefully towards. I wonder whether this is not the same as MPs serving on a Committee, which is limited in number, meaning that not all MPs can be present, yet can still be overruled by the whole House through, in this instance, a suspension of Standing Orders rather than having a legislative method, which would make it much more complicated.
This is good, because the hon. Gentleman agrees with me. He is absolutely right to do so, but I do not think he has followed it through to its logical conclusion. He is right. For centuries, when the House has sent a Bill into Committee, it has decided that certain Members should sit on that Committee for the line-by-line consideration of the Bill. That is absolutely the sensible thing to do. In the past, it was done by those who were most interested in the subject, and then it was decided that it would be done by party political balance. Now, there is a suggestion that if the Bills are exclusively English-only, there should be English-only membership. I have absolutely no problem with that; the hon. Gentleman and I are as one. He should therefore support our amendment this afternoon, as I agree with him.
My second problem is that these measures will politicise the Speaker—[Laughter.] [Hon. Members: “Oh!”] This is a Paddington bear stare—[Interruption.] All right, calm down—[Interruption.] You broke my leg; calm down.
On a point of order, Madam Deputy Speaker. I have said this before, but I did not break the hon. Gentleman’s leg. He might be fleet of foot in this Chamber, but he certainly is not on the rugby pitch.
Order. I am very glad to say that as far as points of order as concerned, that is about the same as your breaking a leg on the rugby pitch.
It was a hospital pass, though.
Let me return to the issue of the Speaker. I know that the Leader of the House thinks that deciding whether a Bill is exclusively England-only will be simple, but none of the evidence thus far provided by the devolved Administrations, any of the legal experts or any of the Members of the House of Lords who have legal qualifications suggests that that is so. I urge hon. Members to consider any one of the Bills before the House to see whether it is straightforward.
There is a major difference between the money Bill certificates issued under the Parliament Acts and these new certificates. Money Bill certificates affect only the Lords and prevent them from considering our legislation. The new certificates will affect elected Members of the House who are bound to try to tie the Speaker up in knots. Since certification has to happen before Second Reading, the Speaker will in effect be able to delay when Second Reading can take place. The Leader of the House tells me that the Government will provide clear instructions to the Speaker on how he should certificate, but surely that turns the Speaker into the creature of the Crown, not the servant of this House. What price Speaker Lenthall?
Surely it would be extremely simple to work out whether a Bill applied in England, Wales or Scotland, as we already have to do that. Whenever we pass legislation, we have to work out whether it will apply to the Welsh Assembly or the Scottish Parliament or not. A simple solution would be to ensure that if Welsh and Scottish MPs vote on it, it applies across the whole United Kingdom.
All right, I defy the hon. Gentleman to tell me whether clause 44 of the Housing and Planning Bill applies to England, England and Wales, Wales only, England, Wales and Scotland, or England, Wales, Scotland and Northern Ireland. He cannot—[Interruption.] I will give him some time.
No one is giving any instructions to the Speaker. It is custom and practice for those drafting a Bill to set out its territorial extent. No doubt those who drafted the Housing and Planning Bill will know precisely the territorial extent of clause 44. I do not happen to remember what clause 44 is; perhaps he does.
I know clause 44 extremely well, but I am not going to let on to the Leader of the House. If he cannot be bothered to read his own legislation when it goes through the Legislative Programme Committee, which he chairs, that is a problem for him.
Although the measures seek to address one anomaly, which has been referred to by the right hon. Member for Wokingham, I believe that they will create many more. If Scottish MPs are not to be allowed to determine legislation that affects only England, why should English MPs be allowed to determine Westminster legislation that affects only Scotland or, for that matter, that affects only Wales or Northern Ireland? Plenty of legislation, clauses and schedules fall into that category. The Partnerships (Prosecution) (Scotland) Act 2013, for instance, applied only in Scotland but was driven through the House of Commons on the back of the Government’s majority. I tell the Leader of the House that this is a dangerous road to go down as it will set a worm of grievance into the hearts of many across the Union.
What my hon. Friend has just outlined suggests that he agrees with me that the Speaker will be challenged more and more, which will undermine his credibility.
I completely agree. I think that this will politicise the Speaker in a way that is not only unhelpful to the House—
Not yet, because I am replying to my hon. Friend the Member for Coventry South (Mr Cunningham). The other problem is that, as several Members of the House of Lords have said, there is a danger that these certificates will become justiciable. I fully accept that under article 9 of the Bill of Rights any proceeding in Parliament should not be impeached or questioned in a court of law or any other place. However, it is clear that many legal experts believe that, by making such a sharp divide within the House, the new certification process will lead to the undermining of article 9 and to the decisions of the Speaker being questioned in a court of law. I think that that is another very dangerous route to go down.
I will not give way to the hon. Member for Macclesfield (David Rutley), as I am giving way to the hon. Member for Na h-Eileanan an Iar (Mr MacNeil).
Just for a change, I can directly answer the hon. Gentleman’s point of order. The view of the Chair is that if a Member has requested to speak but makes several long interventions, that Member’s place in the speaking order will go further down the list every time they intervene. I can make that absolutely clear. I hope the House is listening and will allow the hon. Gentleman to finish his speech.
I am not giving way for a while.
These measures will also not deliver the Government’s declared aim. The Library has examined every Division since 2001—some 3,000 Divisions in all. Library staff looked at what would happen if no Scottish MPs had voted in any of those Divisions. They found just a tiny proportion where that would have changed the vote— 25 in all. Yes, I admit that perhaps I could understand the Government if all the measures that we are debating this afternoon were intended to deal with those 25 cases, but of the 25, nine were on UK-wide or England, Wales and Scotland legislation, such as anti-terrorism legislation, so not affected; 10 were on non-legislative motions, such as whether the screen should be installed, so also not affected; three were on private Members’ Bills and, to answer the question from the hon. Member for Central Ayrshire (Dr Whitford) earlier, would not have been affected by the measures under consideration this afternoon; and one would have been tied and would therefore have fallen.
The most contentious subject, which the Leader of the House rather inadvertently deceptively mentioned in the previous debate, was on 27 January 2004, when the Higher Education Bill was given a Second Reading by five votes when 46 Scottish MPs had voted in favour and 15 against. Interestingly, the Tories voted against it then, but a few years later trebled tuition fees. However, that vote would not have been changed by today’s proposals, as I hope the Leader of the House acknowledges. It would not have been changed, would it? He need only nod. It would not have been changed, would it? [Interruption.] Oh, he thinks it would. No. The vote was on Second Reading, and Second Reading is not covered, a point that he has made several times. He does not understand his own provisions which he introduced this afternoon. [Interruption.] No, it was not. There is no point in the Leader of the House intervening again if he does not understand his own proposals.
Order. We must have a calm and measured debate.
That analysis leaves us with a single vote in 14 years, which added the statutory pubs code and independent adjudicator to the Small Business, Enterprise and Employment Bill to address the imbalance between large pub owning companies and tied tenants. I think even the Leader of the House would drink to that, and, anyway, the Bill also had Scotland and Northern Ireland measures.
The true effect of these measures will be to make the Government split their Bills up into lots of little Bills. There will be more Wales-only and Scotland-only Bills clogging up the system, and the Report stage of any England-only Bill will be absorbed not with debates about the substance, but with wrangles about procedure. So all this constitutional jiggery-pokery will be for nothing. I ask the Government: what’s the hurry? The Government have a majority of UK seats, of English seats and of English and Welsh seats. It will make not a jot of difference in this Parliament.
I was simply going to point out, as the hon. Gentleman and I were both Members at the time, that the top-up fees Bill in 2003-04 would not have secured a legislative consent motion because the English were opposed to it. Therefore, under these measures, it would not have happened.
That is not correct. The right hon. Gentleman needs to look back through the record. The vote was on Second Reading and the Bill was carried very healthily on Third Reading by English MPs as well. The measures this afternoon have nothing to say about Second or Third Readings.
On the amendments, the Procedure Committee was clear that it wanted a proper pilot system for these measures. These are enormous constitutional changes and they should be properly piloted. The response from the Leader of the House suggests that he thinks this will be a pilot. He stated in a written ministerial statement that
“there will be a limited number of Bills to which the proposals will apply in the remainder of this Session of Parliament”—
that is all he is talking about. He went on:
“While this is not a pilot in the exact terms of the Committee’s Report, the outcome will be very similar.” —[Official Report, 20 October 2015; Vol. 600, c. 43W.]
I gather the Government Chief Whip has been telling all his anxious colleagues not to worry as it is just a pilot, so I am taking the Leader of the House and the Chief Whip at their word. Our amendment (e) would mean that the Government would have to come back to the House in April if they wanted to continue the measures, or if they wanted to introduce other measures after we had had an opportunity to review how the processes had worked.
Talking of taking the Leader of the House at his word, he said earlier today that the Speaker is able to dismiss minor or consequential issues when certificating Bills. That is what he said—minor or consequential issues. He is wrong. It is minor and consequential issues. He knows that perfectly well and he went on to correct himself. Yet again, he does not fully understand his proposals. Our amendment (f) would make this “minor and consequential”, rather than “minor or consequential”, because that is the only way that Barnett consequentials could be taken into consideration when determining whether a Bill applies only in England or only in England and Wales.
I thank the hon. Gentleman for his courtesy in giving way. I understood that the Labour party supported devolution, but all I have heard is a line-by-line review—no veto, therefore no devolution for English voters.
The hon. Gentleman is not arguing for devolution either. This does not create devolution in any shape or form. It retains power here in Westminster and it is completely unnecessary because in this Parliament the Government have a majority in any venue they choose.
I am not going anywhere near the hon. Gentleman.
I say to the hon. Member for Bexhill and Battle (Huw Merriman) that it is right that there should be line-by-line consideration by an England-only Committee. There should be a voice, but not a veto.
I am grateful to the hon. Gentleman for giving way. He correctly identifies a problem. It is a minor problem and he goes back to 2004 to identify it. The problem is very different. When the Scotland Bill came through this Parliament this year, when 95% of Scottish MPs, the Scottish Government and the Scottish Parliament backed amendments, they were blocked by English and Welsh Members, despite Scotland wanting its power. That is where the problem is for this Parliament. It is not English votes for English laws.
I am sympathetic to some of what the hon. Gentleman says, except that when we are discussing a constitutional measure, that is a matter for the whole House. Today’s proposals are also a constitutional matter, the biggest constitutional change for some considerable time, which is being introduced through one House without a constitutional convention, which would have been a better way of doing it. Why on earth did the Government refuse to reply to the Lords’ request for a Joint Committee to consider the constitutional implications first?
I will not, if the hon. Gentleman does not mind.
The Commons has not refused such a request for 104 years. And I am not going to take any nonsense from the Leader of the House about their lordships telling us what to do about Standing Orders. This is a major constitutional change. Devolution was brought in after a cross-party constitutional convention, a referendum, a draft Bill and a Bill. In this case, what do we get? The longest-ever amendment to Standing Orders—742 lines in all—driven through on a Government majority. That ain’t no way to treat Parliament. Nor will I take any lectures about the unelected Lords. I have always voted for reform. It is the right hon. Gentleman’s leader who has appointed nearly 10 times as many barons to the other House since he came to power in 2010 as there were sitting around Runnymede in 1215.
I have already given way to the hon. Gentleman. Much as I enjoy what he has to say, there are others who need to speak.
The honest truth is that this is not a conservative set of measures. It is quite a dangerous set of measures. It is a bureaucratic nightmare and hon. Members will regret it. As Lord Forsyth said last night in the House of Lords, it is like an Uber driver without a sat-nav. It is not a unionist set of measures, either. It is as if the Prime Minister had decided to fashion a new grievance for Scotland—God knows the Scots have never needed a new grievance—because he wanted to antagonise them.
If I understand the hon. Gentleman correctly, he is suggesting that 95% of Scottish Members looking for powers to be devolved to Scotland but being blocked by other Members is not a cause for grievance. If that is not a cause for grievance, what is?
I have just said that there are grievances, and there are English grievances too. I believe that we need to come to a proper constitutional settlement in this House—and across the whole of Parliament—that delivers an elected House of Lords so that the whole country is represented and so that we do not have the anomaly of a baron who was born in Scotland, lives in Scotland and claims expenses for travelling from Scotland to Westminster—[Interruption.]
On a point of order, Madam Deputy Speaker. The shadow Leader of the House has been on his feet for half an hour. The House will not hear from a Scottish Member of Parliament until the sixth speaker. This is being done to us, because it is we who will become second-class Members. Is there anything you can do to speed up proceedings so that we can hear from Scottish Members of Parliament?
The hon. Gentleman makes a very reasonable point. Many Members are waiting to speak, and they have legitimate points of view that the House must hear, which is why I have appealed for brevity and for short interventions. The shadow Leader of the House has another minute until he reaches half an hour, at which point I will raise my eyebrows at him.
I am terrified of your eyebrows, Madam Deputy Speaker. I was on my perorating sentence, so I would have finished my speech by now had the hon. Member for Perth and North Perthshire (Pete Wishart) not intervened. I think that Conservative and Unionist Members will ultimately rue the day if they vote for these measures, because this is a charter for breaking up the Union, not keeping it together.
The hon. Gentleman has made his point in his own way, and I feel sure that its thrust, or what Jack Straw used to call its gravamen, will be winging its way to Cardiff media outlets ere long. Meanwhile, his point is on the record and I will not respond.
I fear that I shall have to respond to a point of order from Mr Chris Bryant.
On a point of order, Mr Speaker. The House has now decided on a double majority voting procedure that will require a new process after we have voted in the Lobby. Can you clarify whether you will be making a statement on Monday to inform us how that will operate?
The short answer is that I did not have it in mind to make any such statement on Monday. I am aware that there is a relative urgency about these matters, and before long there will be a practical requirement to address cases that will arise under the revised arrangements. If such matters are to be addressed by me and others, and if there is an implication for the House as a whole, the necessary administration will need to be put in place.
It is not immediately obvious to me that the matter is so urgent that it requires a statement to the House on Monday. It may be that this issue is what we in the Speaker’s office call UIMOM—urgent in mind of Member—and that is not necessarily the same as being urgent for the House on Monday. However, if on the basis of further and better advice I decide that the matter is urgent for Monday, I will do my duty—of that the shadow Leader of the House need be in no doubt.