(1 year, 3 months ago)
Commons ChamberThat was an idea that we toyed with. It was put to us that we should have a gatekeeper who would decide whether there could be, for instance, an all-party group for each of the Caribbean countries and one for the Caribbean as a whole, and one for each of the overseas territories as well as one for the overseas territories. The danger with that is the question of how to set the criteria for that person to be able to decide. It would mean putting a great deal of power in the hands of one individual, and that is why in the end we rejected the idea. We have reached a different set of conclusions, which we hope will lead to the same eventual outcome: that someone who currently chairs, or is an officer, of three APPGs in a fairly similar field will say, “Do you know what? I am going to try to get them all to combine, and I want to be the chair of the one.”
The guiding principle for us has been, first and foremost, that APPGs are, broadly speaking, a good thing, but there is a danger that they can be a very, very bad thing. It is certainly a bad thing if a commercial interest is effectively suborning Parliament, gaining a kind of accreditation by virtue of the APPG name. I would argue that this gets particularly acute when the secretariat is provided by an external body that is not even a charity but a PR company or a lobbying company. It seems to me that there is a commercial interest in their making APPGs just to keep themselves in business, and that is an inappropriate way for us to proceed. It leaves us open to real reputational risk for the whole House.
I will go through some of the points that have been made, starting with those made by the hon. Member for Cleethorpes (Martin Vickers). He said that he was a trade envoy and an officer for six groups. I know that some trade envoys have decided no longer to be officers of the relevant groups because they are the trade envoy who has a relationship with the Government in relation to those countries. I gently suggest to him that that is a better, or perhaps more appropriate, way of proceeding. I understand fully why he may have ended up being a trade envoy, which is a good thing to be, although I worry about quite how the Government make people trade envoys and retain their commitment to the Government by virtue of doing so. I understand that he might have got there because of expressing his interest through those various groups. I would also say to Members that being a member of an all-party group is a perfectly satisfactory way of signifying to the country and to their constituents that they are supportive of it. They do not have to be an officer in every instance.
Will the hon. Gentleman give way?
Has the hon. Gentleman been in for the whole of the debate? [Hon. Members: “No.”] In which case, I will not. I am sorry.
The hon. Member for Rhondda (Sir Chris Bryant) is not giving way.
Having said that, I now feel that I have been discourteous and I am going to give way to the hon. Gentleman.
I am grateful to the hon. Gentleman. The point I was going to make is that there seems to be an issue about the definition of membership of an APPG. My understanding is that anybody who is not a member of the Government is a member of an APPG. The hon. Gentleman himself was once involved in a contested election to become chair of the APPG on Russia, and some 200 Members across both Houses we dragooned into voting in that election. They were not registered members of that APPG, but they happened to qualify because they were ordinary Members of Parliament.
The rules specify that anybody who is not a member of the Government can be a member and an officer of an all-party group. The hon. Gentleman is absolutely right. I remember the occasion when he, among many others, came to a meeting on the top floor and we had about 350 people voting at an APPG extraordinary general meeting just to get rid of me—over Russia, ironically enough.
The important point the Committee is trying to underline is that an all-party parliamentary group should only be an all-party parliamentary group if it has enough support among the 1,450 Members of this House and the other House to be able to have a proper AGM attended by five Members, for heaven’s sake, and with 20 Members expressing support. That is important because, otherwise, it is very easy for an APPG to be run by an individual Member on behalf of a commercial interest or in pursuit of a personal agenda, bringing along their friends just once a year. That is the evil we are trying to address.
Unfortunately, the proposed rules we are being asked to adopt this afternoon say:
“A Member of the House of Commons may be an officer of a maximum of six Groups.
An APPG must have at least 20 members”.
I think the hon. Gentleman is talking about 20 registered members, because all Members of both Houses, other than members of the Government, are automatically members of APPGs if they so wish.
No, they are not automatically a member of all APPGs, otherwise every APPG would have 1,450 members. The hon. Gentleman needs to read the rules and the guide to the rules, both of which are available from the Vote Office, as they make all of this perfectly clear.
The point the Committee is trying to make is that every APPG should have a properly constituted annual general meeting, should have a limited number of officers—who have full responsibility for the running of the APPG, and for making sure it operates under the rules of the House and does not expose the House to further reputational damage—and should have enough registered members on the list it submits each year to be able to qualify as a proper all-party parliamentary group.
On a point of order, Madam Deputy Speaker. The hon. Member for Rhondda (Sir Chris Bryant) refers to the guide to the rules on all-party parliamentary groups. I went out to try to get a copy of this document from the Vote Office and was able to get one copy, but there were no other copies available. The Vote Office is currently trying to print more copies. Considering how few Members there are in the Chamber, it seems most unsatisfactory that we have such a small number of copies of the guide to the rules, which extends to a very large number of pages. Why can we not all see this before we reach a conclusion?
(1 year, 5 months ago)
Commons ChamberIn a situation where a specific person who is working on this estate has brought a complaint against somebody that is the subject of investigation but has not yet reached a charge, there is nothing to stop the House authorities making provision to look after that person and perhaps enabling them to be absent from the estate or to move somewhere else on the estate. There is no reason at all why an elected Member of Parliament should be put in jeopardy and face the prospect or the threat of being humiliated in public because he is the subject of an investigation—or she is the subject of an investigation.
Investigations are not the same thing as charges. That is why, in my view, the report we are discussing is ill-conceived and should be sent back and be subject to fresh consultation. Let the hon. Lady not forget that Members of Parliament are not subject to the Disclosure and Barring Service. As long as they are not currently serving a sentence of imprisonment of more than a year, they can stand and be elected as Members of Parliament while still on the sex offenders register. Are we suggesting that we should change the Representation of the People Act 1981 to restrict—
Okay, the hon. Gentleman thinks we should change the Representation of the People Act. That is fine. Let somebody bring forward the proposal to do that. Let them do that expressly and overtly and say that there is a certain additional category of people who are ineligible to stand for election or to be elected to this place. What we have here is a back-door attempt to try to achieve that objective without changing the primary legislation.
On a point of order, Mr Deputy Speaker. I am genuinely astounded by the way in which the Government have responded in calling down my Bill. To be frank, I am not just astounded; I am furious about it. But just in case the Russian Federation were to think it means that this House, this Parliament or this country is wavering in its determination to see Russia fail in its illegal war, or just in case Putin thinks that it signals a lack of determination on the part of the House or the country to make Russia pay for the rebuilding of Ukraine, is it in order for me to assert that we are all on the same side in this House in relation to this war, that I shall continue to press this matter, and that I do not doubt for a single instant that the Government will end up introducing something very similar very soon?
Further to that point of order, Mr Deputy Speaker. I do not think I have ever heard such an inappropriate comment from a senior Member of this House. He knows jolly well what the rules are. He only printed his Bill on Thursday, there are no explanatory notes in relation to it, and he is expecting his Bill to take priority over all the other Bills just because he thinks a lot of himself and he thinks he has a good cause. Lots of us have good causes, but we do not argue the toss with the rules.
(6 years ago)
Commons ChamberI take it from that that, because of the forces lined up against the Government, they are throwing in the towel, which is good and encouraging news. I congratulate my hon. Friend on the progress he has made.
I despair at the way the Government have been dragging their feet over this issue for so long. It was on 21 May 2013—more than five years ago—on the Third Reading of the Marriage (Same Sex Couples) Act 2013 that I intervened on the then Secretary of State for Culture, Media and Sport and Minister for Women and Equalities asserting that I believed that doing what the Government were doing in that Bill would be in breach of human rights law. The answer from the Minister, obviously on the advice of Government lawyers, was that the provisions of the European convention on human rights would not be compromised by the fact that the legislation made unequal provision for civil partnerships.
How wrong were the Government and the Minister! For five years people have been in limbo, while the Government have connived over legislation that is at odds with human rights requirements under the European convention. Surely there must be a greater sense of urgency from the Government than was demonstrated in my right hon. Friend’s response to the new clause. I also find it extraordinary that today’s written statement makes no mention of the Supreme Court ruling.
I hope that when the new clause and amendment are put to the vote, they will go through without a Division, but if there is a Division, I will be interested to see whether the Government try to argue against what the Prime Minister has already assured us of—namely, that the Government are on the side of the proposal in the new clause.
I will be very brief. I just want to explain to the Minister why I feel very impatient—she looked grumpy with me for complaining that she was taking a long time. She used words such as “soon”, “as soon as possible” and “quickly”, and while Ministers often use those words, they mean absolutely nothing in parliamentary language.
On the Minister’s timetable, we might get a Bill in the next Session, but I would not be surprised if the next Session was a two-year Session, like this one, which might mean us waiting another two and a half years. Every year, I have straight people coming to my surgeries who had lived with a partner of the opposite gender for years and years in a relationship that had felt in every respect like a marriage, but who never wanted to enter into a marriage and consequently suffered when their partner died due to a lack of a legal arrangement because civil partnerships were not available to them. They suffer exactly the same distress as gay couples did until civil partnerships were brought into law.
(6 years, 5 months ago)
Public Bill CommitteesIt may well be a standard clause, but such clauses are often abused by the Government. For example, Parliament passed a measure to outlaw exit payments for public sector workers in the Enterprise Act 2016. We are still waiting for the regulations under that primary legislation to be introduced. The Government now say that they will have to consult on them. Effectively, what Parliament thought was happening—the limiting of public sector exit payments—has not happened.
The Bill is supported across the House, as the measure I have mentioned was. I should be grateful for some indication from the Minister of when the Government will implement it. It could be delayed by the Government by means of the regulation-making powers in the clause; or by the Government’s not appointing the Data Guardian. There are other ways in which it could be delayed, and if we take the past as a guide to the future we should be suspicious of the Government when they are not prepared to include in the Bill a commitment for it to commence on a given date.
Christchurch and Rhondda speak as one, in a uniting of the Christophers, something that will not, I think, happen very often. It is a serious point; I understand that such clauses are a frequently used means of tidying up the process of a Bill coming into force. However, it adds cost, because the Government must go through an additional process; and frankly there is no reason why we should not just put in a date and tell the Government to get their act together—because everyone supports the measure.
I hope—I am sure—that the Minister will now say, “We intend to do it as soon as practicable after the Bill has been through both Houses,” and all the rest of it; but it would be better for the date to be in the Bill, because then she would not have to do anything later, and, to use a valleys word, it would be tidy. Let us be tidy.
(6 years, 5 months ago)
Commons ChamberIt is a pleasure to follow the hon. Member for Walsall South (Valerie Vaz). I think it is a pity that the Opposition have conflated the issue of process and procedure with the issue of substance relating to the particular Bill that we are discussing today. On the issue of process and procedure, I absolutely agree with all those who say that we should be having discussions about money resolutions. Obviously the Government can whip against them if they want to, but I suspect that in the case of this Bill, the House would probably support a money resolution. Perhaps that it why they are a bit inhibited about tabling one.
I do not want to be caught up in the discussion about the merits or demerits of the Bill. However, I must say to my right hon. Friend the Leader of the House that when she was listing all the wonderful private Members’ Bills that are currently before the House, I was very disappointed that she did not refer to one of the 19 that I had tabled for debate on 15 June. I felt that that was a serious omission.
Many of my Bills do not need money resolutions. One of the unintended consequences of this new rule that the Government have adopted is that a well-advised private Member who is successful in the ballot will probably say, “I’m going to go for a Bill that does not need a money resolution, because a Bill with a money resolution faces an additional hurdle.” Let us imagine that a Member wins the ballot and introduces their Bill, but it has probably attracted some awkward customers on Second Reading who disagree with it and want to talk for a long time. The Member will need to have 100 Members present to secure closure; in the past, as night follows day, when they have secured closure and completed Second Reading, they will have a money resolution.
I remember when Austin Mitchell introduced the licensed conveyancing Bill, which was hated by the then Conservative Government and strongly opposed, but the will of the House—I had the pleasure of supporting that Bill—was that that was a really good idea that would loosen up and liberate that rather closed profession of solicitors and enable people to get conveyancing done at less expense. That Bill therefore went through and went on to the statute book and has been a force for good. If the Government had blocked it at the time because they disapproved of it and they had said it needed a money resolution, we would not have had that legislation on the statute book with all the benefits it has brought to consumers.
The hon. Gentleman is right to point to the element of caprice about this. When I came top of the ballot, I asked the public which of several different Bills they might want me to introduce as my No. 1, and fortunately they came up with one that did not need a money resolution, whereas it could just as easily have been the motion taken forward by the third Member on the list about civil partnerships, which would require a money resolution, then I would have been entirely in the hands of the Government. There is an element of caprice that we need to change.
I thought that we did not need to change it, because I thought the convention was that if a Bill secured a Second Reading it would get a money resolution, and that is the disappointment that has come out of this debate.
My right hon. Friend the Leader of the House says that the Government are now going to look at this on a case-by-case basis, so we now have another layer, basically with the Government—the Executive—saying “We’re going to second-guess Members’ priorities.” It is difficult enough to secure Second Reading for a private Member’s Bill, but once these Bills have done so the order in which they go into Committee is now solely under the control of the Government, because the Government decide whether or not Bills are going to have their blessing on a case-by-case basis.
(12 years, 6 months ago)
Commons ChamberWell, I am really impressed by the hon. Lady. I can understand how my hon. Friend the Member for Wirral South read my notes but not how the hon. Lady managed to read them from over there. I was going to come to exactly the point she makes but not quite in the same way. Yes, there is an ethical clash about whether this is the right time to introduce this measure for political and economic reasons, but my concern is that because the Chancellor had, I think, personally decided that he was going to cut the 50p rate to 45p, so many other elements of the Budget had to follow that change. A prime example is the fact that the Prime Minister and the Chancellor wanted to be able to say that the rich would pay five times more tax after the Budget than before—I think that is, broadly speaking, the point that the hon. Lady is making. I am not opposed to some of the measures that will increase the amount of tax paid by people who have wealth in a variety of circumstances, but I think that some of the measures in the Budget and the Finance Bill ended up there only to try to shore up that argument, and I do not think that due diligence was done around them.
Let me take one example—I note the look in your eye, Mr Hoyle, and I shall bring my remarks to a close very soon. I think that the measure about capping the tax relief available for people giving money to charities is in the Budget solely so that the Government can argue that the rich will pay more. It is not based on fact or research. There might be perfectly good things we could do on whether charities outside this country that are not covered by the Charity Commission should be removed from the system or on whether greater powers should be given to the commission, but I think that the only reason that the measure was in the Budget was so that the Government could say that tax has increased. This has left the Chancellor and the Prime Minister somewhat double-faced—I shall not say two-faced, because obviously I could not. On the one hand they are saying that the top rate of tax should go down and the rich should not pay so much and, on the other, they are saying that the rich should pay more.
I hope that I have persuaded all the hon. Members on the Government side to change their mind. I see that I have persuaded the reckless Member over there, the hon. Member for Rochester and Strood (Mark Reckless), to support the amendment in the name of my hon. Friend the Member for Pontypridd.
I do not think it is necessary for me to speak to amendment 1 because my hon. Friend the Member for South West Norfolk (Elizabeth Truss) and others have, in their interventions, destroyed the Opposition’s argument. I recall that the TaxPayers Alliance organised a wonderful celebratory dinner not long ago, in the Guildhall I think, at which the guest of honour was none other than Dr Laffer of the Laffer curve. I am delighted that the Treasury is now paying more attention to the principles behind the Laffer curve, which, in my view, are well represented in the argument for reducing the top rate of tax back to 40%, rather than 45%. I hope that in due course my hon. Friend the Minister will explain why someone like me should not be tempted to vote for amendment 1 on the basis that it would reduce the level to 40%.
(13 years, 7 months ago)
Commons ChamberNo, this is an application not to be on the Bill Committee. I have heard these arguments so many times that I have no desire to hear them all over again, even if it would give us an opportunity to hear the whole of the Minister’s speech on the subject. May I point out to the hon. Member for Christchurch (Mr Chope) that greed is a sin? Taking so many private Members’ Bills on one day might be thought somewhat greedy.
I have been accused of many things, but not greed. People who are frustrated legislators and willing to spend a couple of nights sleeping in the Palace of Westminster to queue up for their tickets may have the opportunity of having their Bills brought before the House. I hope that some of my other Bills on the Order Paper will be debated, not least my Local Government Ombudsman (Amendment) Bill. When I first put that title down last June, I had not anticipated that I would read in my local paper last Friday that the Hampshire county council health and safety people had interfered in the Beaulieu pancake race, so that it is now the Beaulieu pancake walk rather than race. I had not realised that my third Bill would be so relevant to a local story, but now it has a relevance above all else. I hope that we get a chance to discuss it.
(13 years, 7 months ago)
Commons ChamberI do not intend to withdraw the Bill—it is important to put it to the test. Constituents up and down the country will want to see whether their Conservative representatives are doing their best to try to implement the manifesto commitments on which we were elected at the general election, or whether we are prepared to allow those commitments to fall to one side because we are in a coalition. I understood that the Government were trying their hardest to implement the commitments, but from what the Minister has said, I remain to be convinced.
I am grateful to all those who have participated in the debate and those who have supported the Bill. I am particularly indebted to my hon. Friend the Member for Stone (Mr Cash) for his great knowledge on the matter; much of the Bill’s drafting is owed to his work in the past. He mentioned Jeffrey Goldsworthy, who has written a document on parliamentary sovereignty—I say document, but it was published as part of the “Cambridge Studies in Constitutional Law”.
He has written more than one document. I find it odd that the Minister asserts that everything that Jeffrey Goldsworthy says on the important subject of parliamentary sovereignty is wrong, and that the Minister is right—he has many attributes, but I am not sure that he is a constitutional law expert. I would prefer to go along with Jeffrey Goldsworthy’s expertise in the absence of any other compelling legal arguments.
I am grateful to my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) for raising some interesting points, not least when he intervened when the Minister objected to clause 1. The Minister seems to be under the illusion that the courts in this country can only interpret legislation, rather than apply common law principles. My hon. Friend bowled the Minister middle stump on that.
I am also grateful to my hon. Friend the Member for Witham (Priti Patel) for her support. She has done the House and the people a great service in tabling a host of probing and effective written questions that have exposed the Government’s policy for what it is—the Government are far too relaxed about the further erosion of our sovereignty.
I commend the hon. Member for Rhondda (Chris Bryant) on the brevity of his speech. There is a lot to be said for Opposition Front Benchers making similarly short speeches when they do not have any support on their own side of the House at all, as is the situation today.
The idea that the UN resolution passed last night is inconsistent with the Bill is far fetched. May I suggest a better analogy? When this country went to a war in Iraq that, arguably, was illegal under international law, we were not prosecuted by some international criminal court. However, if we went into something that was at odds with the decisions of the European Court of Justice, we would be prosecuted and taken before that Court on the continent. That is the difference.
The Minister suggests that various details of the Bill could be made clearer. One way to do so would be to ensure that clause 2 refers to clause 1. However, the essence of the Bill is in clause 1, which stands on its own, reaffirming the sovereignty of this Parliament.
(13 years, 11 months ago)
Commons ChamberMy hon. Friend is absolutely right. I understand that for there to be a super-majority in this Parliament, 434 votes in favour would be required, although that is before the Bill currently before the other place, the Parliamentary Voting System and Constituencies Bill, comes into operation in an unamended form. We are talking about 434 out of the 650 seats at the moment. As I have said, the arrangement leaves some things completely uncertain; I presume that the Speaker and the Deputy Speakers would not be allowed to vote.
That brings us to another interesting point, which is that, as you will know, Mr Hoyle, under the Standing Orders and the custom of this House, the Speaker and the Chair do not vote unless there is an equality of votes. That is different from the arrangement in the other House, where the Speaker or the Chair of the Committee is able to vote twice. The commonly accepted provision, as stated in “Erskine May”, has then been as follows for the Speaker:
“it is usual for him, when practicable, to vote in such a manner as not to make the decision of the House final”.
In a vote such as I am describing, there would not have been equality of votes, but if one side had got to 433 seats, would the Speaker be allowed to vote or not? This is slightly complicated when there are 650 seats, but if the number is reduced to 600, as suggested in the Government’s proposals in the other Bill, 400 seats would be the mark that we would have to reach. If the vote is on a knife-edge, would the Speaker and the Deputy Speakers, or the Chair of the Committee, be allowed to vote on such a measure? Importantly, this is not just about the Speaker. If the vote were on a Budget and if we took the advice of the hon. Member for Aldridge-Brownhills that in some situations a Budget decision or a financial decision would be considered a motion of no confidence, the provision would relate not to the Speaker, but to the Chairman of Ways and Means or one of the other Committee Chairmen, who would be chairing.
As my hon. Friend the Member for Scunthorpe (Nic Dakin) said, many difficult elements are involved in operating a super-majority. The biggest problem arises where the Government or the Opposition table a motion seeking to get to that figure and an early general election, and obtain more than half the seats in the House but do not reach the two-thirds majority. In what state would that leave the Government? Would a motion of no confidence immediately have to be tabled for us then to be able to proceed to the other measures? Or would that original motion, by its very nature, have been considered a motion of no confidence, because the Government declared it to be a matter on which winning the vote was an issue of confidence? Again, this provision is either a dangerous or entirely unnecessary element.
I am enthusiastically in favour of having a vote on amendment 4, because it goes to the nub of the issue; in large measure, it deals with the only issue of significance in this group of amendments.
(14 years ago)
Commons ChamberI am most grateful to you, Ms Primarolo, for trying to ensure that we stick to the amendment. I am a bit flattered in that my amendment is being debated on its own. The best thing for me to do now is to sit down so that I can listen to what the Minister has to say in response to my question: why is the form of AV set out in the Bill preferable to the other form of AV already available in this country, which has been experienced in London and in other cities?
I am sorry to disappoint the hon. Member for Christchurch (Mr Chope), but I shall not support his amendment. I disagree with it first and foremost because no provision was made in any party’s manifesto for this version of the alternative vote. When the Labour party said it wanted a referendum on the alternative vote system, we certainly meant a full alternative vote system in which people could continue to express their preference, as long as there was a preference still to be expressed.
Originally, the Liberal Democrats’ manifesto had nothing to do with the alternative vote, but if they had proposed a form of the alternative vote it would have been, as we saw in their negotiations with the Conservative and Labour parties after the general election and as was commonly understood, that under AV the voter was allowed to express a preference all through the system. The hon. Member for Christchurch might object that AV was not in his party’s manifesto in any shape or form. That is why I have a slight suspicion that his amendment is intended more as a wrecking amendment, although to be generous I shall suggest it is a probing amendment. The hon. Gentleman and the hon. Member for Epping Forest (Mrs Laing)—in rather elegant turquoise, if I may say so—said that AV gives some people two or even three votes. That is not the case. People have one vote, but are allowed to keep on expressing it as a preference while the process continues.
(14 years ago)
Commons ChamberFurther to that point of order, Mr Evans. In discussing the programme motion on 12 October, the Parliamentary Secretary said that
“we have taken steps…in the programme motion”
to ensure that
“the House will be able to debate and vote on the key issues raised by the Bill.”—[Official Report, 12 October 2010; Vol. 516, c. 183.]
On Second Reading he also made it quite clear that we would have the opportunity to debate and vote on the key issues. Nobody is suggesting that the threshold is anything other than a key issue in the Bill. Even at this late stage, it is open to the Minister to tell the Committee that he will come forward tomorrow with an amendment to the programme order to ensure that we can start the business tomorrow with a debate on clause 6, rather than closing down debate on that clause, which seems to be the Government’s intent. I should also point out that unless we have a debate, it will not be possible for the Committee to take a view on the relative merits of amendment 3 as compared with my amendments 64, 65 and 66. In the European debate the other night the Chair was able to decide which amendments were more worthy of being put to the vote on the basis of the debate. Without a debate, we will not be able to do that.
Further to that point of order, Mr Evans. Several hon. Members have made the point this evening that there has not been time to debate significant elements of the Bill. In addition, the Government have today tabled 100 pages of amendments to the Bill, which they have proposed we debate next Monday, but they have already said that those amendments are incorrect and will have to be superseded by further amendments. At the moment, only two days are provided for Report. I would therefore ask the Government to consider providing a third day on Report, so that the issues can be fully debated. Otherwise, I am sure that their lordships would want to spend a considerable period of time looking at the legislation properly. Finally, the right hon. Member for Haltemprice and Howden (Mr Davis) rightly pointed out that votes normally follow voices in this House. That is to say that Members who shout aye have to vote aye, and if the Minister is going to shout aye in a moment, he should be voting in the Aye Lobby.