(1 year, 4 months ago)
Commons ChamberFurther to that point of order, Mr Deputy Speaker. I do not want to comment on whether there is an appropriate sanction, because I am the Chair of the Committee on Standards, but the tweet that the right hon. Member for Romsey and Southampton North (Caroline Nokes) referred to says that several Conservative Members
“voted against the motion and in support of the grooming and mutilation of children”.
I suggest that that is incitement of violence against those Conservative Members and Opposition Members who voted against the motion. It is probably also actionable, and if any Conservative Members want to pursue that course of action, I will stand with them.
I wonder how we ensure that we protect the privileges of this House, namely freedom of speech. I would protect the freedom of speech for the Member for North West Leicestershire (Andrew Bridgen) to be able to say what he did in debate, though I thought it was absolutely abhorrent and despicable. It also chills my bones, as I suspect it does yours, Mr Deputy Speaker, because it feels as if a new section 28 is being introduced by the back door for trans people, just as we used to have for lesbian and gay people. How do we ensure that freedom of speech is guaranteed for the whole House and that we are not abused for doing our job properly?
I thank the right hon. Member for Romsey and Southampton North (Caroline Nokes) for her point of order and the forward notice of it and Sir Chris Bryant for the further point of order. While we do have privilege to speak as we wish in this House and rules to ensure that that freedom is used responsibly, what a Member says or retweets outside the House is not a matter for the Chair. Nevertheless, Members should remember that moderation is desirable outside the Chamber as well as within it, especially when criticising Members for their conduct in parliamentary proceedings. I am sure that this is not the last we will hear of this particular matter.
(1 year, 9 months ago)
Commons ChamberA Ten Minute Rule Bill is a First Reading of a Private Members Bill, but with the sponsor permitted to make a ten minute speech outlining the reasons for the proposed legislation.
There is little chance of the Bill proceeding further unless there is unanimous consent for the Bill or the Government elects to support the Bill directly.
For more information see: Ten Minute Bills
This information is provided by Parallel Parliament and does not comprise part of the offical record
I beg to move,
That leave be given to bring in a Bill to require the Secretary of State to lay before Parliament proposals for the seizure of Russian state assets to provide support for Ukraine; and for connected purposes.
Maryinka in Donetsk, about 50 miles south-west of Bakhmut, used to have a beautiful, majestic basilica with a golden dome, named for our Lady of Kazan. It used to have a successful tyre factory. It used to have a population of 10,000, whose ancestors were Ukrainian Cossacks, Greeks and exiled Poles. It managed to survive sustained attack by Russian paramilitaries in 2014 and 2015. Today, however, it is a place of icy rubble, shelled-out apartment blocks, burnt trees, waterlogged trenches and machine gun posts, all under constant Russian bombardment. Not a single building remains standing. It has been pulverised, literally reduced to dust—obliterated—and yet, miraculously, Ukrainian defences hold on.
Maryinka is not alone. There is Bucha, and there is Mariupol. In Soledar, the junior and senior schools are reduced to shells. In Bakhmut, every single house along the main arterial road has become a crater. In Dnipro, an apartment block that was once home to 1,700 people has been destroyed. In Irpin, Yana and Serhiy Psariova’s 10th-floor two-bed apartment is a blackened shell, its roof ripped clean off and all its contents incinerated.
Ukraine is truly suffering. Up until 15 January 2023, since the second round of the invasion last year, the Office of the United Nations High Commissioner for Human Rights recorded 18,358 civilian casualties: 7,031 people killed and 11,327 injured, including 177 girls and 221 young boys. The UNHCR reckoned in September last year that 12.3 million people had left Ukraine and 7 million had been displaced internally. I think we all agree that Ukraine must win, but she must also be allowed to rebuild. By some miracle, some reconstruction is already happening—United24, for instance, is trying to raise £17 million to rebuild 18 apartment blocks in Irpin, Borodianka, Hostomel, Buzove and Mila to rehouse 4,237 people, and has raised £15.5 million so far—but this is not even the tip of the tip of the iceberg.
On 9 September 2022, a joint statement from the World Bank, the European Commission and the Government of Ukraine estimated that the current cost of reconstruction and recovery in Ukraine was $349 billion. In December the World Bank’s vice-president, Anna Bjerde, told the Austrian newspaper Die Presse that it was now closer to €500 billion to €600 billion, or $525 billion to $630 billion; and the figure is rising. Ukraine estimates that Russia has caused $1 trillion-worth of damage since the start of the full-scale invasion last February, and that is not even allowing for the costs in Crimea and parts of Donetsk and Luhansk, which were invaded in 2014. It estimates that 150,000 residential buildings, 1,500 schools and 20,000 km of roads have been destroyed.
Someone has to pay, and there are only three options. First, there is Ukraine herself, but her economy is projected to be 25% smaller this year than last. Secondly, there are her allies. The United States has committed tranches of $40 billion and $12.3 billion, and a further amount is coming soon. We in the UK have set aside, I think, £3.4 billion, and so far the European Union has found roughly €50 billion. Individuals have been generous too: German families gave €5.7 billion last year. There are plans for a donors’ conference to take place soon, hosted by the UK, and I hope it will be very successful.
Thirdly, there is Russia’s own debt to Ukraine. Russia is truly a great nation, with a phenomenal history and culture and extraordinary people, but this is a war of aggression, and I hope that individuals—including those at the very top of the army and of the Government—will face justice in the Ukrainian courts or at an international war crimes tribunal. My Bill simply requires the British Government to present plans to seize the assets belonging to the Russian Federation which are already frozen in the UK because of the sanctions we have imposed, and allocate them to Ukraine and the Ukrainian people.
I can, of course, hear objections. What about the international rule of law? Yes, on the whole it is not a good idea for Governments to seize others’ assets. That is the kind of thing we would expect Vladimir Vladimirovich Putin to do. The right to property is fundamental to the rule of law. However, it is never absolute: the law reserves the right to fine and to deprive people of ill-gotten gains in certain circumstances. Moreover, that argument would apply more clearly to the seizure of individuals’ assets—the assets of the Russian oligarchs who obtained their money through their crony relationship with Putin or through criminality—but I am not talking about those; I am talking only about Russian state assets.
So what about sovereign assets, I hear you ask. Are they not normally protected by the concept of sovereign immunity? Yes, but very few countries now consider that to be an absolute immunity, and there have been many exceptions, for instance to meet damages awarded by international courts and arbitral tribunals. The UK’s State Immunity Act 1978 expressly restricts sovereign immunity. I would argue that Russia’s continuing refusal to comply with international human rights law by attacking civilian housing and infrastructure, and its wilful refusal to follow orders of the International Court of Justice and the United Nations General Assembly, are ample grounds for the creation of such an exemption.
What about the possibility of Russia’s seizing UK state assets in retaliation? Well, I very much doubt that we have any state assets in Russia— I certainly hope we do not—and it is time that UK businesses, including Unilever, BP and Infosys, completely withdrew from Russia. What about the possibility of sovereign wealth funds of other countries deciding to divert their assets from the UK for fear that we should seize them, if we were to proceed in this manner in relation to Russia? Well, the only precedent that we are setting here is that if a state invades another self-governing state and thereby wages a war of aggression against it, we shall not just freeze but seize its assets. We would all worry if we thought that another state was contemplating such action, and the very fact of our doing this might well make authoritarian regimes pause before going down such a dangerous route. I would therefore argue that it is good law, not bad law, to take this action.
But here is the main point. This is a political decision, not a legal one. Nearly $350 billion of Russian Central Bank reserves have been frozen by democratic countries around the world, and £26 billion of that is frozen in the United Kingdom. Canada, Italy, the European Union and the United States are all considering action. It is the very least we owe the people of Ukraine. Russia has forfeited its rights to these assets. It owes Ukraine far more than money; it owes it blood.
This Bill has the support of the Chairs of the Defence and Foreign Affairs Committees, a majority of members of the Foreign Affairs Committee, the former leader of the Conservative party, members of the SNP, the Liberals and the Labour party, including the hon. Member for Bermondsey and Old Southwark (Neil Coyle), my hon. Friends the Members for Warwick and Leamington (Matt Western), for Nottingham East (Nadia Whittome), for Sheffield Central (Paul Blomfield) and for Rochdale (Tony Lloyd), the hon. Members for East Worthing and Shoreham (Tim Loughton), for Strangford (Jim Shannon), for Witney (Robert Courts) and for Crawley (Henry Smith), my hon. Friends the Members for Blackley and Broughton (Graham Stringer) and for Wallasey (Dame Angela Eagle) and the hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry). Even more importantly, the Ukrainian ambassador has asked me to say that he and his nation support this Bill.
I am not naive. I would love the Government to take up the Bill, give it time and get it on the statute book by the end of this Session, but I know that Governments just do not work like that. They do not like doing that kind of thing. I note, however, that the Security Minister indicated yesterday that the Government were looking at this issue with their allies and that the Defence Secretary has said that if we cannot do this, he wants to know why. I have spoken to the Chancellor and the Justice Secretary about it, and I hope that if the House unanimously agrees that the Bill can proceed today, the Government will hear loud and clear that we think now is the time to act.
I will end with some verses:
“Drop everything and run away
leave your house, your cellar with apricot jam jars
and pink chrysanthemums on the terrace
shoot your dogs, so they don’t suffer
abandon this land, just go
he says: don’t talk nonsense, we throw dirt on coffins daily
he says: everything will be fine, salvation will come soon
he says: the humanitarian aid is on the way.”
My question is: is it?
This would be the time for anyone who wishes to oppose the 10-minute rule Bill to indicate that. I have had no such notification and I see none.
Question put and agreed to.
Ordered,
That Sir Chris Bryant, Sir Iain Duncan Smith, Dame Margaret Hodge, Liam Byrne, Sir Robert Buckland, Alicia Kearns, Layla Moran, Joanna Cherry, Colum Eastwood, Stella Creasy, Chris Grayling and Mr Tobias Ellwood present the Bill.
Sir Chris Bryant accordingly presented the Bill.
Bill read the First time; to be read a Second time on Friday 24 February, and to be printed (Bill 245).
Seafarers’ Wages Bill [Lords] (Programme) (No. 2)
Ordered,
That the Order of 19 December 2022 (Seafarers’ Wages Bill [Lords]: Programme) be varied as follows:
(1) Paragraphs 4 and 5 of the Order shall be omitted.
(2) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion two hours after the commencement of proceedings on the Motion for this Order.
(3) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion three hours after the commencement of proceedings on the Motion for this Order.—(Mr Richard Holden.)
On a point of order, Mr Deputy Speaker. Briefly, the motion has now been agreed that the hon. Member for North West Leicestershire (Andrew Bridgen) should be suspended from the service of the House for five sitting days. As is referred to in the motion, the Standards Committee also required him to make an apology to the House. I understand, of course, that he has not been able to be here today, but I hope that that can happen as soon as possible after he comes back.
I thank the hon. Member for his point of order, which is on the record. I assume that that is exactly what will happen.
Foreign Affairs
Ordered,
That Stewart Malcolm McDonald be discharged from the Foreign Affairs Committee and Drew Hendry be added.—(Sir Bill Wiggin, on behalf of the Committee of Selection.)
High Speed Rail (Crewe - Manchester) Bill
Ordered,
That Gavin Newlands be discharged from the High Speed Rail (Crewe - Manchester) Bill Select Committee and Dr Lisa Cameron be added.—(Sir Bill Wiggin, on behalf of the Committee of Selection.)
(2 years ago)
Commons ChamberMr Speaker and the entire Deputy Speaker team deprecate any taking of photographs, whether in the voting Lobby, the Chamber or certain other areas. Mr Speaker has made it absolutely clear, but let me emphasise it again: do not take photographs in areas where they are forbidden. The hon. Gentleman has made a good point, and it is the responsibility of each and every one of us to behave better as role models to those outside looking in.
Further to that point of order, Mr Deputy Speaker. I am grateful to the hon. Member for Bracknell (James Sunderland) for telling me that he was going to raise this matter. I want to be absolutely clear that I took a photograph, and I did so knowing that I was breaking the rules of the House—the etiquette of the House, certainly. I did so because I believed that the example being set, when we are trying to change the culture of bullying in Parliament, was such that it was necessary to override the normal course of action. I apologise to the House for doing so. However, it is very important to understand that if 12 Members were to stand around a member of staff in that way, they would probably end up being suspended from the House for a long period for bullying. We have only just started taking bullying seriously in this Parliament.
I am not questioning what you just said, Mr Deputy Speaker, but I gently suggest that there is a good argument that one of the rules we have had for a very long time—that there is no photography and no filming in the Lobby or adjacent areas—is now out of date, and it might actually help us to stop some of the bullying—[Interruption.] I am only suggesting it gently, but it might stop some of the behaviour. Some of the behaviour changed in this House when the Chamber began to be filmed.
The hon. Member has made two points. One was an apology, which the House has heard. The second was about rule changes. That is not for the Chair; that is for the House, and there is a procedure to do that. The hon. Member has made his views known, and he will know how to progress that. It is then up to the House to decide whether it wishes there to be a rule change.
I thank the hon. Member for giving notice of her point of order and I can understand her concerns as she has voiced them today. They are clearly not the responsibility of the Chair, but she has put her concerns on the record and I am sure Ministers will have heard them. I hope a speedy resolution is forthcoming. I am asking the Treasury Whip to make sure. [Interruption.] He is doing that as I am speaking. Thank you very much.
On a point of order, Mr Deputy Speaker. As you know, in order to get an oral question on the Order Paper, Back-Bench Members have to submit to the ballot process. Every day, hundreds and hundreds of MPs fail—in fact, we nearly always fail. However, just occasionally we have that little moment of joy when an email comes through saying, “Your question has been successful in the ballot”. I got two such emails for this week: one for Justice questions tomorrow, on screening for brain injury in prisons, which one would have thought was the direct responsibility of the Ministry of Justice; and one on Thursday one on artists’ resale rights. One would have thought that artists were a responsibility of the Department for Digital, Culture, Media and Sport.
Unfortunately, both Departments have decided to transfer the questions, which means that I will not get an oral answer and I will not get an opportunity to ask a supplementary question. I do not know whether that is because they are frightened of answering questions from me, or whether they just want them shunted off to some other Department. Mr Deputy Speaker, can you confirm that Ministers should not be doing that, and that, on the whole, it is best just to let it happen once Members have got through the ballot process? Secondly, can you confirm either that Ministers can overturn the decisions and reinstate the questions for tomorrow and Thursday, or that Mr Speaker could choose to catch my eye—or the other way around?
I thank the hon. Member for giving notice of his point of order. The transfer of questions, as he says, is a matter for Ministers not the Chair. I appreciate that Members may be disappointed to lose their slot—in this case, slots—at Question Time if their oral question is transferred. Where questions relate to matters for which more than one Minister is responsible, or where responsibility is ambiguous, I expect Ministers to be very cautious about transferring oral questions. The Table Office is always able to provide advice to Members on these issues and I am sure that the Treasury Bench will again have heard what the hon. Member has had to say.
I am grateful to the hon. Member for giving notice of her point of order. As the Speaker and the team from the Chair have said, we are not responsible for the content of contributions made by Ministers. However, her point has been heard on the Government Benches and, if an error has been made in this instance, I hope the Foreign Secretary will seek to correct it as quickly as possible.
Further to that point of order, Mr Deputy Speaker. I was at the Foreign Affairs Committee yesterday when the Foreign Secretary made those allegations. She alleged that I had said things in the Third Reading debate on 1 May 2018. I did not take part in the debate on Third Reading in 2018, although in fact I did speak on that day, and if I say so myself it was a particularly fine speech—[Interruption.] Nobody else is going to say it, so I might as well.
The serious point here is twofold. First, the Foreign Secretary came to the Select Committee determined to say those things and had clearly not checked the basic facts before she came to the meeting, which would suggest a degree of deliberate recklessness about what she was going to say. Secondly, she then prayed in aid a document that she said she had in front of her, which was some notes from officials that had apparently been incorrectly written out. You will know, Mr Deputy Speaker, that the convention in this House is that if a Minister prays a document in aid, they must provide it to the House. Can you ensure that the Foreign Secretary provides those notes? I am concerned that somewhere in the Foreign Office there is a file on me that is full of lies and inaccuracies.
I thank the hon. Member for his point of order. I have no doubt whatsoever that the speech he gave was outstanding. However, as far as his other comments are concerned, the answer is the same: the Treasury Bench will have heard his comments and I hope that, if any errors have been made, the Foreign Secretary will correct them as quickly as possible.
(2 years, 8 months ago)
Commons ChamberThank you, Mr Deputy Speaker. I do not mind that you were taught by the hon. Member for Huddersfield (Mr Sheerman).
I am concerned about academics, because working in academia is pretty grinding at the moment. Academics are trying to run a business, trying to make the sums add up every year, trying to recruit the right students and the best students, and trying to meet all sorts of different quotas, while also trying to get on with their research. What in this package will really make the life of an academic an attractive one?
(2 years, 8 months ago)
Commons ChamberFurther to that point of order, Mr Deputy Speaker. The Prime Minister actually used the word “militarily” for the first time. I think that is a very significant change of policy.
I have nothing to add to my response to Dame Diana Johnson. The important thing for us now is to get on with the next debate and to hear the Prime Minister’s statement at 5 o’clock.
(2 years, 11 months ago)
Commons ChamberI hope it might be okay if I said a brief word, Mr Deputy Speaker. My Bill was only going to force the Government to have a strategy on acquired brain injury. As the Government are going to have such a strategy and I am very fond of the Minister who is going to be co-chairing a panel that is being set up, and as I know that the whole House would support this legislation, there does not seem any need for the legislation, so I am not going to move it.
I was incredibly generous; Christmas is coming and that was your early gift, Mr Bryant.
ASYLUM SEEKERS (PERMISSION TO WORK) BILL
Motion made, That the Bill be now read a Second time.
I thank the right hon. Lady for her point of order and notice of it. I certainly have not been given any indication that any statements will be made, other than the one we have just had, but she has made her point very well, and Mr Speaker has made his views clearly known. Whenever that report is published, I hope there will be ample time for Parliament first to question Ministers on its contents.
On a point of order, Mr Deputy Speaker, you may not be aware, but as I understand it, the Government told the lobby this morning—but obviously not the House, as yet—that they intend, further to yesterday’s debate and last week’s proceedings, to table a motion, rescinding the decision to set up the special committee and approving the third report of the Select Committee on Standards on the conduct of Mr Owen Paterson, for debate some time next week. Have you had any notice that that is the Government’s intention, or of what day they intend to do that? Obviously we will not have a business statement this week. Is there any suggestion as to whether there will be a business of the House motion to enable that to happen, or how they are intending to do it?
If I may, I make a brief announcement from the Standards Committee, which might be helpful to the House. As part of our review of the code of conduct and its operation, we have decided today to commission a senior judicial figure to advise us on possible changes to the process. We have already taken advice today from Sir Stephen Irwin, who is chair of the Independent Expert Panel. We believe that our present practices guarantee a fair hearing, but we will always consider suggestions for improvements. I hope that is helpful for the House.
On a point of order, Mr Deputy Speaker. This is not about the previous matter, and I have given you notice of the point I am about to raise.
As you know, “Erskine May” makes it very clear that any hon. Member visiting another hon. Member’s constituency on official business is required to notify that hon. Member. I know it sometimes sounds like we are being terribly pompous when we try to reassert that convention, but I think it is important that when Ministers in particular are coming to a constituency, they give full and proper notice that they are coming and explain why, not least because we are all friends here and we would all like to invite Ministers to visit our constituencies; we would like to welcome them fully and properly, especially in the Welsh valleys, and show off everything we have to show.
Unfortunately—I have notified the Member that I would raise this today—the Secretary of State for Housing, Communities and Local Government did not notify me until 6.53 pm the night before his visit to my constituency last week. He did not tell me where in my constituency he was coming to, nor why he was coming or what he was going to look at, so I was not able to offer him tea and Welsh cakes or show him the things that we in the Rhondda would like to show him, so that we can get some money out of the shared prosperity fund. I think this was a gross avoidance of the precise rule that is part of the “Ministerial Code”. I just hope that you, Mr Deputy Speaker, will be able to reinforce the importance of this common courtesy from hon. Member to hon. Member.
There is nothing better than home-made Welsh cakes, Mr Bryant—
—and there is nothing pompous about the point of order you have raised. Thank you for giving notice of your intention to do so.
The document, “Rules of behaviour and courtesies in the House of Commons” deals with this exact matter. When a Member visits another Member’s constituency, except on a purely private visit—we all know what that entails—they should take reasonable steps in advance to tell the Member in whose constituency the visit is taking place. That guidance also states that
“failing to do so is regarded by colleagues as very discourteous.”
The guidance applies to Ministers as well as to other Members. Indeed, the “Ministerial Code” also states that
“Ministers intending to make an official visit within the United Kingdom must inform in advance, and in good time, the MPs whose constituencies are to be included within the itinerary.”
I trust that Ministers on the Treasury Bench will make sure that this is brought to their colleagues’ attention, but I should also make it clear that Mr Speaker and I expect all Members—not just Ministers—to inform their colleagues of such visits. Not to do so is discourteous.
(3 years, 9 months ago)
Commons ChamberThis country should never trade with any country where genocide is being practised. We are as guilty as others when we seek to perpetuate that kind of trade. It is appalling that all five signs of genocide incorporated in the genocide convention are now present in China in Xinjiang province, and that President Xi is personally implicated.
It is no use us clasping our pearls, signing holocaust memorial books or weeping about genocide in the 1930s if we are not prepared to do every single thing that we possibly can today to protect the vulnerable. That means wielding every single instrument, national and international, commercial and diplomatic, to protect the victims of abuse. We failed for far too long because we delayed in the 1930s and ended up having to go to war. Their humanity is our humanity; we are involved in their lives and in their deaths.
China already makes it impossible for us to act in an international court or any international body, so of course we should use the UK courts. I say to the Chair of the Justice Committee that Lord Hope of Craighead made it absolutely clear that a preliminary determination of genocide should be located within the High Court precisely because it is not a criminal process. That is the whole point of the amendment. It should be the courts, not politicians, that make these decisions because they know how to sift evidence and are able to require witnesses and evidence to be brought before them.
I saw the amendment that has been presented, supposedly by the Chair of the Justice Committee, last week; it was very definitely a Government amendment long before it appeared on the Order Paper. It is as tawdry a piece of parliamentary jiggery-pokery as I have seen in my 20 years in the House. Select Committees already have every single one of the powers that are supposedly being given to us by the amendment. The Government already dismisses every single substantive motion agreed by the House if they just do not like it. They did so on the Yazidis, when the House’s view was unanimous, and they did so on the Foreign Affairs Committee reports on the Rohingya.
By constructing the amendment in the way they have, the Government have deliberately denied the House a clear vote on genocide and how we would like to tackle it in relation to trade. The bottom line is that the Government seem to do everything in their power to prevent us as a nation from standing clearly and unambiguously against human rights abuses in China, and up with this we will not put.
To finish no later than 5.31 pm, I call Katherine Fletcher.
(3 years, 11 months ago)
Commons ChamberI start from the fundamental principle that we do need restrictions across the country in some shape or form. I remember earlier in the year being howled at by various lunatic journalists who told me angrily that the idea that we would ever get to 200 deaths a day this autumn was preposterous and based on false science. Well, we have seen 400, 500 and, on occasion, 600 deaths a day, so we have to take these matters seriously.
As Advent always leads to Christmas, and as Christmas always leads to Epiphany, so lower restrictions always lead to higher transmission rates, and higher transmission rates always lead to problems for the local NHS. That is true in every country in the world; there is no way of avoiding it. Government Members would be daft to listen to the blandishments that they have heard from the Prime Minister over the last couple of days. I would bet that not a single area goes from tier 2 to tier 1 before Christmas, simply because tier 2 does not work—it does not bring the numbers down. There might be some areas that go from tier 3 to tier 2, but there will not be any that go from tier 2 to tier 1, and the Government know it.
There will not be any more nuanced rules and granularity when it comes to the second week of December or the end of February. One thing that has been really difficult for businesses in the hospitality industry is that they are endlessly being told to switch on and switch off. Someone who runs a pub buys in the beer and then has to pour it all down the drain. Incidentally, they are not allowed to pour it down the drain any more. They have to make special provision for it, and that does not mean bringing all their friends round and drinking it. There is a real problem in the brewing industry, and every time we switch on and switch off, it makes this all the more difficult.
I say to the Prime Minister: stop with the metaphors—I am sick and tired of them—and no more over-promising, because when he under-delivers on those promises, it means that the nation stops believing in him. Let us also not be parochial. I am sorry to say to the hon. Member for Bosworth (Dr Evans) that he was being precisely nimbyish. He was saying that he does not want Leicester in his backyard—that is nimbyism. The truth is that we are all in this together, and we have to take this forward as a national enterprise, not a parochial one.
(4 years, 3 months ago)
Commons ChamberI thank the hon. Member for his point of order. Clearly, that will be a matter for the Secretary of State. We still have a few days before we go into the recess. However, I re-emphasise the response I gave on behalf of the Speaker and the other occupants of this Chair to the hon. Member for Twickenham (Munira Wilson) at the beginning.
Further to that point of order, Mr Deputy Speaker. Now that you are being so effective, I raised with you last week the issue of how important it would be for many of us to be able to raise constituency issues in Westminster Hall, and I just wondered whether you have got anywhere yet.
Not at this moment in time. However, I am really hopeful that, as we go into September, after the recess, sufficient progress will have been made that we can then start to normalise the proceedings in this Chamber. I fully appreciate that the way that we are currently operating is not how we would all like it to be, but we have to do this at a rate of progress that is safe for all Members and staff here. I do hope that we will make sufficient progress.
On a point of order, Mr Deputy Speaker. This has been a really important hour and a bit. In many ways, this could easily have been a three-hour debate in Westminster Hall, if that were in operation. Of course, many of these stories came to be part of a campaign in Parliament by way of Adjournment debates, Opposition day debates and debates in Westminster Hall. It is not in your power, Mr Deputy Speaker, to get Westminster Hall up and running on Monday, I am sure, but I wonder whether you could feed through into the system that many of us would love to have similar opportunities as soon as possible to raise all the campaigning issues coming out of our constituencies, some of them medical, some of them on many other aspects. If we could get it back up and running, instead of just the four end-of-day Adjournment debates, it would make it much easier for us Back Benchers to do our job.
This has been one of the most significant statements I have witnessed. When I first entered the House in 1992, we did not have Westminster Hall, and I know that since its introduction it has added to the democracy of Parliament. I will make certain that the hon. Member’s words are passed on to the Leader of the House and the Speaker in order that we can get the House fully operational as soon as it is safe to do so. I thank him for his point of order.
(4 years, 5 months ago)
Commons ChamberI inform the House that I intend to move on to the next business immediately, and then we will have a five-minute break before the following business.
And a point of order.
If necessary, if the next business is objected to, we will be counting Members in all parts of the House, including upstairs in the Galleries.
I now call the right hon. Member for Orkney and Shetland (Mr Carmichael) to propose a debate on a specific and important matter that should have urgent consideration under the terms of Standing Order No. 24. He has three minutes in which to make such an application.
I will take the point of order, but will those leaving the Chamber please be very careful to respect social distancing.
I am very grateful, Mr Deputy Speaker. As nanny would say, the Leader of the House has been a very naughty boy. He knows perfectly well that all I have been trying to do this week is to make sure that Members who have to shield or are shielding other members of their household—or, for that matter, those who have childcare responsibilities that make it very difficult for them to come to Parliament—should be able to continue to participate both in debates and questions and to participate in votes. He knows perfectly well that that is what I have been trying to do for the last three days, so I take it ill that he should choose to misrepresent my views.
There are two motions on the Order Paper today in the name of the Leader of the House, and they have two different ideas of who should be allowed to participate: two different ways of determining who is allowed to participate by proxy voting and who is allowed to take part remotely in questions and statements in the House. The Prime Minister said yesterday, in answer to a question in the press conference, that
“obviously employers have to be reasonable and if someone can’t get childcare then that is clearly a reason for them not to be able to go back to work.”
I still do not understand why the Prime Minister applies that to the whole of the country, but not to Parliament.
I have tabled an amendment to the second motion, which relates to being able to participate in debates. I understand that, if we were to get to the moment of interruption and I had not withdrawn that amendment, the motion would not be able to go forward and people would not be able to take part next week. I have no desire to prevent that; I want to make sure that everybody can participate fully. I think the vast majority of the country would like that, and actually the vast majority of the House as well, so I will be withdrawing my amendment.
I am grateful to the hon. Gentleman for clarifying that he is now withdrawing his amendment. On the first part of his point of order, I know that the Leader of the House has respect for the Chair, but I suspect that he has more attention towards nanny. I shall therefore make every endeavour to ensure that the Leader of the House and nanny are made aware of the first part of the point of order.
(4 years, 5 months ago)
Commons ChamberOn a point of order, Mr Deputy Speaker. I am afraid there are three parts to this, the first of which relates to the voting we have already done. I was a Teller in one of the earlier Divisions this afternoon. It is up to others to judge quite how ludicrous the whole process looks to the outside world, but to my mind it looks preposterous. I feel that one of the oldest Parliaments in the world should be the best and most able to adapt to modern circumstances, not the worst, but that is a battle for another day. There were some specific order issues during those Divisions, with one being that the Speaker adopted a new version of what we had to wear when voting. I just wonder whether we could have some clarity on that for the future, as, historically, people, including some Whips, have been able to vote in the Lobby when they have been to the gym.
Secondly, one Member tried, during one of the Divisions, to vote in both directions. I know that historically that has not been allowed, but the Member is certainly under the belief that that was recorded. As I understand it—I was one of the Tellers—we were not including that as one of the votes on either side, so it would be good to have some clarity on that.
The other point is that the Leader of the House said earlier in today’s debate that we were going to have a motion on the Order Paper tomorrow for us to debate enabling some Members of the House to participate not, I think, in debates, but in urgent questions, questions and statements. Obviously, I would welcome that, but as I understand it the Government have not so far announced what kind of debate it will be, whether any time will be allocated for it tomorrow, whether it is expected that this should be agreed to on nod or nothing, whether we are able to table amendments, or whether we have to submit to be able to take part in that debate. There are many of us who feel deeply concerned that the Government have tabled a motion that suggests the only people who will be able to participate are those who self-certify as having a medical need. I do not think that disabled people, or people who are shielding or have shielding responsibilities for others, should be treated in that way. I do not think that they should have to justify themselves for wanting to participate from a distance. In particular, parents who have childcare responsibilities should certainly not have to claim that there is some kind of medical reason. Some of us would therefore like to have a full debate.
I am sorry that that is a long point of order, Mr Deputy Speaker, but you are a very indulgent man.
Thank you very much, Mr Bryant. As far as the first point is concerned, you said it was a battle for another day and clearly it will be. On the dress code during a Division, you are absolutely right. In the past, people have come straight from the gym and worn what they were in when the Division Bell rang. I will ensure that that gets raised tomorrow, so that clarity is brought to how people should dress when there is a Division, as I will on voting both ways. We do not have the opportunity to abstain or, for whatever reason—we can only hazard a guess as to why people do it—vote both ways.
As far as the motion tomorrow is concerned, I have not seen that motion yet, but you have raised several points as to why people would want to at least make known their anger, one way or another, as to what may or may not happen in that motion. I hope that Members will get an opportunity to at least express their views, however that motion is brought forward. I hope that is okay. [Interruption.] Thank you very much, Mr Bryant. The thumbs up will do me fine.
Further to that point of order, Mr Deputy Speaker. One key aspect of the 2004 Act is that the use of powers has to be approved by Parliament within seven days and the powers can last for only 30 days before they have to be renewed by Parliament. Indeed, the Act contains specific measures to ensure that the House sits if we are in recess or even if we are prorogued. So could you feed that into the process of answering the right hon. Gentleman?
It seems to me that both points of order are supplementary business questions, but the Leader of the House is still in his place and will have heard both points of order, and I am sure that those on the Treasury Bench will reflect on what both Members have said today.
On a point of order, Mr Deputy Speaker. There have been several references today, including from the Secretary of State, quite rightly, to the House of Commons Commission meeting that was held earlier, jointly with the House of Lords Commission. Many of us are meant to have visits in Parliament from schools in the next couple of weeks, as well as from international delegations; I think there is one group coming from Croatia next Monday. It would be helpful if there were a means of the Commission updating the House and perhaps answering questions, and I wonder how that might be achieved.
I thank the hon. Member for his point of order. I know that this issue is being discussed on a daily basis and taken very seriously, but I also know that Members have constituents or delegations coming here—some of them travelling many miles—and they will want to be informed. I do not sit on the Commission, so I do not know how the deliberations went this morning, but I will ensure that his request is passed on to the Speaker when he gets back.
Bills Presented
Hate Crime (Misogyny)
Presentation and First Reading (Standing Order No. 57)
Wera Hobhouse, supported by Sarah Olney, Christine Jardine, Layla Moran, Munira Wilson, Wendy Chamberlain and Stella Creasy, presented a Bill to make motivation by misogyny an aggravating factor in criminal sentencing; to require police forces to record hate crimes motivated by misogyny; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 10 July, and to be printed (Bill 107).
Hate Crime (Misandry and Misogyny)
Presentation and First Reading (Standing Order No. 57)
Mr Philip Hollobone presented a Bill to make motivation by misandry or misogyny an aggravating factor in criminal sentencing; to require police forces to record hate crimes motivated by misandry or misogyny; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 10 July, and to be printed (Bill 108).
(7 years, 6 months ago)
Commons ChamberI am sometimes asked by constituents who have watched our proceedings on television whether we really hate one another. They see us shouting across the Dispatch Box and ask, “What are they like after they’ve done battle?” I then explain the reality, which is that sometimes I have more difficulty with Members on my own side than with those sitting opposite.
You know who they are, and they know who they are.
The reality, of course, is that we build lasting and enduring friendships with Members from all parties, and none more so than the right hon. Member for Birmingham, Edgbaston (Ms Stuart), who leaves an enduring legacy in the work she did on Brexit, and to whom I am grateful. Given your end-of-term latitude, Mr Speaker, I hope that you will allow me to say: I will miss you, Gisela, and I wish you well for the future.
As far as future debates are concerned, it would not be business questions if I did not mention that there is an issue with potholes in Ribble Valley—I will spend the next seven weeks looking at them as I drive around visiting towns, villages and hamlets. I hope that as part of our imaginative manifesto for the future, we can consider allowing district authorities to bid for some of the money made available by central Government so that we can fill those potholes.
Mr Speaker, I wish you and all the parliamentary staff well for Dissolution and in all the hard work that will be needed to prepare for the new Parliament.
(11 years, 9 months ago)
Commons ChamberIs the Minister giving way?
(12 years, 6 months ago)
Commons ChamberOn a point of order, Mr Deputy Speaker. On 25 April, I told the House that the Leveson inquiry had published certain information regarding meetings that had been held between Rupert Murdoch and the Prime Minister. I believed at the time that that was the case, but it has subsequently turned out not to be true. I have, of course, apologised to Lord Justice Leveson, but I thought I should take this opportunity to apologise to the House as well. I hope the apology will be accepted. I had no intention of misleading the House; that was purely inadvertent.
I am grateful to you, Mr Bryant, for your point of order and for putting that apology on the record.
(12 years, 10 months ago)
Commons ChamberI slightly disagree with the last remark made by the hon. Member for Blackpool North and Cleveleys (Paul Maynard). If we are honest, we are all a bit weird, are we not? After all, by definition, we wanted to come here. The hon. Member for Devizes (Claire Perry) is pointing at me. That is not very kind. I could point back, because I do not think that she is any less weird than I am.
There are two fundamental principles. The first is that we should never judge people according to the colour of their skin, their gender, their sexuality, the school that they went to or the accent with which they speak. We should only ever judge people according to the strength of the convictions that they hold, the strength of their personal character, and whether they are able to see their convictions through in their lives. Surely the political system should embody that principle.
The second principle is that, broadly speaking, Parliament should look like the country that it is meant to represent. There are several reasons for that, some of which have already been given today. First, it makes Parliament more effective and efficient, and we end up with better legislation. People can spot some of the holes in an idea that is being advanced because they know from their own lives whether it works or not, and how it affects them. The advent of women in Parliament undoubtedly meant that a whole raft of legislation was improved, because, frankly, men simply did not know what they were talking about. I can see hon. Ladies thinking that perhaps that happens all the time generally.
Secondly, Parliament is more likely to embrace the people’s priorities. Rather that its being obsessed with a few things that might have interested a self-chosen elite, the views of the whole of society are expressed on its Order Paper and on the agenda for political action, and that must surely make it better.
Thirdly—this has not been mentioned yet—it is all very well in politics to legislate, to pull a lever, but if the legislation has no effect out in the country because it has no public support, it will have no real chance of effecting change. A Parliament that looks more like the society that it is meant to represent is able to carry that society with it more effectively, and that means that can effect change more convincingly.
We are, I think, nowhere near being able to meet either of those two principles. A number of Members have reminded us today that for many centuries no women were allowed to vote or to sit in here. Of the first two women who were allowed to sit in here, one was a countess and the other was a Lady—not that I have anything against Ladies, or against Dames, who seem to be multiplying on the Opposition Benches, or even against pantomime dames. Similarly, I believe that two of the first women to arrive in the House of Lords were the daughters of viceroys, and that one was married to a viceroy. The change needs to be far more substantial.
I pay tribute to the hon. Member for Milton Keynes South (Iain Stewart) for what he said about lesbian, gay, bisexual and transgender Members. It is significant that we now have more out gay Members of Parliament than ever before. Indeed, sometimes when you go into the Strangers Bar you feel as though you are in Rupert street. It is virtually a gay bar now, and my husband sometimes worries about whether I should be allowed in there any more.
Even the numbers that we have, however, do not come near matching the numbers in the country in terms of the percentage of the population. It is a great sadness to me that there are still only two out lesbians in Parliament, because two prejudices have been, as it were, tied together to form one. I pay tribute to those who have come out. That is difficult however, as not every gay person wants to be out, and I do not think they should have to be. I disagree with what the hon. Member for Milton Keynes South said about role models. I hope to God nobody will ever think of me as a role model in relation to anything whatsoever at any time. [Interruption.] The hon. Gentleman says that I should not worry about that, because nobody does. That is very generous of him. I was once described in the Daily Mail as an ex-gay vicar; I just want to point out that I am an ex-vicar, but my gayness is extant.
Turning to disabilities, it is important to remember that not every disability is visible. There have been disabled MPs for many centuries, including Philip Snowden, Labour Chancellor in 1924, and the first Earl of Salisbury, who was profoundly disabled and a Secretary of State. The barriers for many people with disabilities are still great, however, such as in terms of this building itself and the way in which we do our business—the way we vote and so forth.
As the Member of Parliament for the Rhondda, I would also like to point out that the biggest difficulties of all face working-class people who may want to enter the House. That is partly because of finances, as standing for Parliament is prohibitively expensive. Ironically, there is now also a problem at the other end of the scale, in that the pay and conditions in Parliament seem prohibitive to people in professional jobs who expect to earn £100,000, £120,000 or £150,000.
This issue is not just about being representative; it is also about representing, and we should do that with courage and determination.
Five Members still wish to speak, and we have just over 15 minutes left, so according to the maths if each of them speaks for about three minutes everybody will get in—a bit of moral blackmail there.
(13 years, 8 months ago)
Commons ChamberOn a point of order, Mr Deputy Speaker. I gather that the Division bell did not go off in the Jubilee Room just now, and that some Members were not able to vote because they did not realise that the Division was happening
I will ask Attendants to check the Division bells in the Jubilee Room. If they continue not to work, we will ensure that the Attendants call Divisions in the Jubilee Room separately, and I will clearly make allowances for that when I call for the Doors to be locked.
(13 years, 9 months ago)
Commons ChamberMay I just clear something up? I am not right honourable, although many hon. Members have recently referred to me as such. Many would doubt whether I am even honourable.
Order. I am not calling a Division on this one!
I do not think you are able to call one, Mr Evans.
The hon. and learned Member for Sleaford and North Hykeham (Stephen Phillips) seems to be arguing that we should adopt a French style of intransigence, permanently trying solely to defend the British interest. In the end, such an approach cuts off our nose to spite our face. I do not think that anybody here thinks that the double-sitting arrangement is sensible, and most French politicians would agree in private. If this country starts setting up barriers to try to make it more difficult to change anything in the European Union, other countries will do the same and we will end up keeping some of the anomalies and ludicrous elements of the European Union. That is why I oppose the clause. I would have dealt with all that in a short intervention on the Minister.
(13 years, 9 months ago)
Commons ChamberMy general approach is that we should always seek to take decisions ourselves, rather than leave them to judges to take for us, because we are elected. However, the history of English common law and the way in which it has developed is such that judges have, by the precedents they have set, elaborated on that law. We have sometimes then decided to incorporate those interpretations into statute law, so there has been a constant relationship between the two. [Interruption.] My hon. Friend the Member for Dunfermline and West Fife (Thomas Docherty) is muttering about Scottish law, but I am being very careful because I know much less about Scottish law than I do about English law, which also applies in Wales, so I am going to the edge of my knowledge and not a step further.
The hon. Member for North East Somerset is right that we will need, at some point, to put into statute law the relationship between this Chamber and an elected second Chamber, as we will want to establish that more firmly. Perhaps, as has happened in every other constitution that has been written in the world, special provision will be made for changing the constitution itself. In Germany, there has to be a vote of a certain majority in both Houses both before and after a general election. That was enforced by us in the writing of the German constitution after the second world war. In Spain, changes have been made to the constitution since the death of Franco, but the Spanish, too, can proceed only if there is a significant majority within the Cortes and the Senate. In short, my answer to the hon. Gentleman is yes.
In essence, my argument regarding new clause 3 is that it is not necessary and that it could be problematic for a new Government, because they might not be able to get their way even on a manifesto commitment that had been clearly laid down. The real danger concerns the extension of parliamentary terms—something that has always worried people in relation to the freedoms and rights of the British people, or rather the people of the United Kingdom. That is already protected in the Parliament Act, which will stand until we revise all these measures. Parliament has been extended in the past. That happened during the second world war when extensions were agreed on an annual basis. I am not sure whether that was voted on every year, but the hon. Member for North East Somerset might know.
Let me move to the new clause of the hon. Member for Stone. I note that the hon. Member for North East Somerset said that we have a choice between Scylla and Charybdis—he being Scylla and the hon. Member for Stone being Charybdis. My uncertain memory of Homer is that Odysseus chose to surrender a few sailors to Scylla rather than a whole ship to the whirlpool that was Charybdis, but I am in favour of Charybdis this afternoon.
Order. We are now going to the end of my knowledge, and I think it would be very useful if we returned to new clause 5.
Indeed, Mr Deputy Speaker, although I am not sure that we really have got to the edge of your knowledge; I think your knowledge is boundless, and consequently I agree with you. [Interruption.] The Parliamentary Secretary, Office of the Leader of the House of Commons, is talking about the pillars of Hercules, which is a rather fine pub I have sometimes frequented in—well, north London somewhere.
The new clause tabled by the hon. Member for Stone seems quite sensible, because we believe that section 2 has a series of elements that, as the Clerk of the House has pointed out, are problematic. We think that because the provision has been put into statute rather than included in the Standing Orders of the House, there is a real danger that elements could be questioned in the courts, and one would then have a dramatic constitutional crisis. Consequently, we understand that, as the hon. Gentleman said, those elements are there entirely to bind together the coalition. We understand why the coalition would want to maintain that element, but we certainly do not believe that a future Government should be bound by it.
The hon. Gentleman is right to say that no Parliament is bound by its predecessor and no Parliament can bind its successor. However, there is one sense in which it can delay its successor, because it makes it have to re-legislate if it wants to take away a part of statute law. It seems to me that since it is clear that this piece of constitutional—
Order. If you wish to press your new clause, Mr Cash, you will have an opportunity to do so later, after we debate the next group, which starts with new clause 4.
New Clause 4
Prorogation of Parliament
‘(1) Parliament can only be prorogued in accordance with this section.
(2) If the House of Commons resolves that Parliament should be prorogued, Parliament shall be prorogued at that time, or by declaration of the Speaker.
(3) The Speaker of the House of Commons shall not make such a declaration unless the House of Commons has passed a resolution directing him to do so on or before a specified date and time.
(4) Where Parliament is prorogued under subsection (2) above, the Speaker may by declaration prorogue it to an earlier or later day.
(5) The Prorogation Act 1867 is repealed.’.—(Chris Bryant.)
Brought up, and read the First time.
With this it will be convenient to discuss the following:
Amendment 14, page 2, line 5, clause 2, at end insert—
‘(aa) certifying whether or not the motion specified a polling day for such an election, and if so, the day specified in that motion,’.
Amendment 15, page 2, line 24, after ‘be’, insert—
‘(a) the day specified in a motion as certified under subsection (1)(aa) above, or, if no date is specified, (b)’.
Amendment 8, page 2, line 29, clause 3, leave out ‘17th’ and insert ‘25th’.
Amendment 9, page 2, line 39, at end insert
‘within 15 working days of the polling day’.
Amendment 2, page 4, line 4, schedule, leave out ‘“or dissolve”’ and insert
‘“prorogue or dissolve Parliaments nor”’.
Amendment 3, page 4, line 6, at end insert—
‘Meeting of Parliament Act 1797 (c. 127)
2A The Meeting of Parliament Act 1797 is repealed.’.
Amendment 4, page 4, line 8, leave out
‘“or dissolved” where it occurs second’
and insert
‘“unless it should be sooner prorogued or dissolved by the Crown, anything in the Succession to the Crown Act 1707 in any way notwithstanding”.’.
I wish to speak to new clause 4 and some of the other amendments in the group, which stand in the name of the Leader of the Opposition, the shadow Lord Chancellor and myself.
One of the arguments that the Deputy Prime Minister, the Prime Minister, the Minister and the Deputy Leader of the House have advanced in favour of the Bill is that it surrenders a hefty part of the royal prerogative that has been enjoyed by the Prime Minister, in that the Prime Minister will no longer be able to cut and run. That is, the Prime Minister will no longer be able to determine the date of the general election or be free to run the constitution—and, in particular, the electoral timetable—according to party political advantage.
Those of us who have supported fixed-term Parliaments for some time, and who made many speeches about them before the last general election, agree that that is an important step to take. We support the idea of fixed-term Parliaments. We note that there have been several occasions in the past when Prime Ministers have been tempted to call general elections because they have had poll leads, and when they have cut and run. There have been other occasions when Prime Ministers have decided not to do so, because they were fearful of the electorate. We believe that it makes far more sense for local authorities, which have to administer elections, and for the Boundary Commission and the whole paraphernalia of electoral law to have the clarity that comes from knowing, in general, except for extraordinary circumstances, when the next general election will be.
However, one element of prerogative power that the Government are not surrendering is the prerogative power of Prorogation—I shall have to be careful with my syllables in the next section of my speech. As I am sure all hon. Members know, Prorogation is a rather abstruse element of the way in which we do our business. It is an irony that it is still true that Parliament can neither sit nor choose not to sit without the say-so of the Crown. I use the term “the Crown” because in theory it is the monarch who decides, but in practice it is the monarch in consultation with the Privy Council, which means, to all intents and purposes, the Government of the day, and therefore the Prime Minister. That is laid down in a series of different elements of our constitutional settlement, but in particular, in the power of Prorogation, which lies, fairly and squarely, solely with the Crown and the Prime Minister.
It is still true that there is no requirement that a Parliament sit—except, one could argue, in so far as the provisions in the Bill of Rights determine that no money can be granted to the Crown unless it is expressly granted by Parliament, and that Parliament therefore has to meet at least once a year to agree the estimates. Similarly, one could argue that the provisions relating to not being able to have a standing army mean that Parliament has to meet every five years. A provision also exists stating that we cannot be without a Parliament for more than three years. However, I would argue—as the Social Democratic party-Liberal alliance used to argue very forcefully—that Parliament should have a permanent existence, except during those brief moments when it is dissolved.
Of course we still support the idea of having annual Sessions of Parliament, and there needs to be a means of ending each parliamentary Session. We also need a means of dissolving Parliament before a general election. However, the amendments that we have tabled today would mean that the power to decide to sit and not to sit would lie solely in the hands of this House and not in the hands of the Government. Under the current provision, Dissolution is effected by royal proclamation under the Great Seal, and the proclamation of Dissolution sometimes follows Prorogation and sometimes follows an Adjournment. Our proposal is that that proclamation and the date on which Parliament would next sit following a general election should not be decided solely by the Prime Minister, and that they should be fixed in statute, as they are in nearly every other constitution in the world.
This is especially true if we are moving towards what are being called fixed-term Parliaments but are actually fixed general election dates. It is important that the House should always know when it is next going to sit following a general election. That is why we have tabled amendment 9, which proposes that Parliament should sit
“within 15 working days of the polling day”.
That would apply whether it is an early general election or one that takes place on a fixed date, such as May 2015—or, as we would argue, May 2014. We have used the term “working days” because that term has been used throughout the Bill. There is one tiny element in the Bill in which the Government refer simply to “days” rather than “working days”, but they refused to accept our argument on that, and our amendment to change the wording was defeated. None the less, I think that it is better to be consistent throughout the Bill in the terms that are used.
The power of Prorogation is important not only at the end of a Parliament when there is a Dissolution and a general election; it is important also at the end of a Session, in that every element of parliamentary business is suspended. There are no further sittings, and all Bills that have been commenced fall, except those that have expressly been permitted to be carried over to the next Session. As I understand it, the only other exception relates to impeachment proceedings, which are able to continue from one Session to the next.
The power to prorogue is therefore a substantial one that the Government retain. I would argue that this is particularly important in relation to this Bill because the Government could use the power inappropriately, if it were to remain solely in their hands, if there had been a vote of no confidence in them. Let us say that the Government had opposed the vote of no confidence but lost it. There is a provision in the Bill that, in the following fortnight, a new Government would have to pass a motion of confidence. However, a motion of confidence can be agreed in the House only if Parliament is sitting. If the Government had decided to prorogue Parliament, there would be no opportunity for a new one to be formed. I can perfectly easily see a set of circumstances in which a Government, having lost a vote of confidence, would want to make sure that no other Government can be formed and therefore prorogue Parliament expressly to prevent an alternative Government, thereby triggering a general election.
I detect a bit of a difference of view between my hon. Friend and myself here. I hate to say this, but I am rather more with the Deputy Leader of the House on this issue. My hon. Friend is right in saying that if a proportional system were introduced, a succession of hung Parliaments would be more likely. Consensus would rule the day and coalition Governments would be formed on a fairly regular basis. That is not absolutely certain, as it has not happened in some countries that have proportional representation. However, the alternative vote, which I shall be voting for—[Interruption.] My hon. Friend the Member for Dunfermline and West Fife (Thomas Docherty) shouts out, “Shame”, but it expressly points out in “Erskine May” that shouting “Shame” is unparliamentary. I would not want to excoriate him on that basis. I am not quite sure on which page it says that, but I am sure he will find it, if he looks for it. [Interruption.]
Order. It is my job to cite that authority, not the job of the hon. Member.
(14 years ago)
Commons ChamberOn a point of order, Mr Deputy Speaker. I have never seen you in the gym, although you may visit it regularly, but when I was there earlier this evening, the Division Bell did not ring. I do not know whether it did not ring in other parts of the estate, but I hope that it will ring on this occasion—although I am here now.
Funnily enough, that is a point of order for me. It may be the first that I have taken.
I do go to the gym, although I do not go to the one to which the hon. Gentleman has referred. I thank him for giving me notice of his point of order. I have asked for someone to be in the gym in time for the next Division in order to ascertain whether the bells are working normally. The hon. Gentleman should be reassured that the matter is being investigated as we speak.
Question put, That the clause be read a Second time.
The House proceeded to a Division.
Mr Deputy Speaker: Order. It has been brought to my attention that there is a problem with the Division bells not only in the gym, but in other parts of the parliamentary estate. I am therefore giving Members a further two minutes to vote in the current Division. In the meantime, may I ask that the bells be investigated in Norman Shaw North as well as in the gym? I also advise all Members to be attentive to the monitors as well as the Division bells, because there may be more Divisions this evening.
(14 years ago)
Commons ChamberI beg to move amendment No 9, in page 9, leave out lines 13 to 20 and insert—
1A (1) No constituency shall have an electorate more than 5 per cent. above or below the electoral quota for that part of the United Kingdom unless the Boundary Commission concerned believes there to be overriding reasons under the terms of these rules why it should.
(2) No constituency shall have an electorate more than 10 per cent. above or below the electoral quota for that part of the United Kingdom.
(3) In this Schedule “the electoral quota for that part of the United Kingdom” means—
where U is the electorate of that part of the United Kingdom minus the electorate of the areas mentioned in rule 5A and Y is the number of constituencies in that part minus the number of constituencies allocated within that part as a result of the operation of rule 5A.’.
With this it will be convenient to discuss the following:
Amendment 185, page 9, leave out lines 14 and 15 and insert—
(a) no more than 5% above or below the United Kingdom electoral quota unless the Boundary Commission concerned believes there to be exceptional geographic circumstances, and
(b) no more than 15% above or below the United Kingdom electoral quota.’.
Amendment 200, page 9, line 14, leave out ‘United Kingdom electoral quota’ and insert ‘electoral quota for the part of the United Kingdom (England, Wales, Scotland or Northern Ireland) in which the constituency is located’.
Amendment 2, page 9, line 16, after ‘6(2)’, insert ‘, 6A(2)’.
Amendment 201, page 9, line 16, leave out ‘, 6(2) and 7’ and insert ‘and 6(2)’.
Amendment 202, page 9, leave out lines 17 to 20 and insert—
‘(3) In this rule “electoral quota” means—
where U is the electorate of the part of the United Kingdom in which the constituency is located, reduced in the case of Scotland by the electorate of the constituencies mentioned in rule 6, and C is the number of constituencies allocated to that part under rule 8.’.
Amendment 182, page 9, leave out lines 18 to 20 and insert—
where U is the electorate of the United Kingdom minus the electorate of the Council areas mentioned in rule 6 and C is the number of constituencies allocated to these Council areas.’.
Amendment 184, page 9, line 20, at end insert
‘and accordingly the electorate of each part of the United Kingdom shall be treated for the purposes of this rule as reduced by the electorate of those constituencies.’.
Amendment 10, page 9, leave out lines 27 to 34.
Amendment 186, page 9, line 30, leave out from ‘if’ to end of line 34 and insert
‘the Boundary Commission is concerned that unusual geographical considerations, including in particular the size, shape and accessibility of a proposed constituency, would require an unreasonable amount of time to travel round the various communities within it.’.
Amendment 188, page 10, line 2, leave out ‘A Boundary Commission’ and insert
‘The Boundary Commissions for England, Scotland and Wales.’.
Amendment 11, page 10, line 10, at end insert—
‘(1A) A Boundary Commission shall ensure that—
(a) in England, no district or borough ward shall be included in more than one constituency;
(b) in Northern Ireland, no local authority ward shall be included in more than one constituency;
(c) in Wales, no unitary authority ward shall be included in more than one constituency;
(d) in Scotland, regard shall be had to local authority ward boundaries.
(1B) The Boundary Commission for England shall where practicable have regard to the boundaries of counties and London boroughs; and in any case no constituency shall include the whole or part of more than two counties or London boroughs.
(1C) The Boundary Commission for Wales shall where practicable have regard to the boundaries of unitary authorities; and in any case no constituency shall include the whole or part of more than two unitary authorities.’.
Amendment 193, page 10, line 10, at end insert—
‘(1A) The Boundary Commission for Northern Ireland may take into account to such extent as they think fit—
(a) special geographical considerations;
(b) considerations arising from the co-terminosity of parliamentary constituencies and multi-member constituencies for the Northern Ireland Assembly under the Northern Ireland Act 1998;
(c) local government boundaries as they exist on the most recent day of an election for any district council, other than an election to fill a vacancy;
(d) any local ties that would be broken by changes in constituencies;
(e) the inconveniences attendant upon such changes.’.
Amendment 196, page 10, line 10, at end insert—
‘(1A) A Boundary Commission shall have power to specify, in certain specified circumstances set out in subsection (1C) below, that constituencies in areas determined by the Boundary Commission shall be—
(a) wholly within a principal local authority or authorities; or
(b) wholly within well-established historic or geographical boundaries.
(1B) The impact of any decision taken in respect of areas defined under subsection (1A) must not create constituencies within the remainder of the region or nation in which such areas fall which fail to meet the rules in this Schedule.
(1C) The coterminosity of parliamentary constituencies with boundaries as defined in subsection (1A) may be specified when the following support such a proposition—
(a) the principal local authority or authorities within the area proposed;
(b) all sitting Members of Parliament representing constituencies wholly or partially within that area; and
(c) at least two-thirds of all civil parish, community and town councils or parish meetings within that area who make a representation;
and where the Boundary Commission is satisfied, from its own soundings amongst the electorate and the business and voluntary sectors, that such a proposal is widely supported.’.
Amendment 207, page 10, line 16, at end insert—
‘(2A) The Boundary Commission for England shall take into account counties as listed in Schedule 1 to the 1997 Lieutenancies Act in so far as is possible in accordance with rule 2 above.’.
Amendment 12, page 10, line 17, leave out sub-paragraph (3).
Amendment 13, page 10, leave out lines 18 to 24 and insert—
‘Specified areas
5A (1) The following shall be allocated whole numbers of constituencies by whichever Boundary Commission is responsible for them:
(a) Orkney Islands and Shetland Islands council areas;
(b) Comhairle nan Eilean Siar council area;
(c) The Isle of Anglesey county area;
(d) The Isle of Wight county area;
(e) The County of Cornwall and Isles of Scilly council areas.’.
Amendment 183, page 10, leave out lines 18 to 25 and insert—
‘Whole numbers of constituencies
6 (1) The following shall be allocated whole numbers of constituencies by whichever Boundary Commission is responsible for them—
(a) Orkney Islands and Shetland Islands council areas;
(b) Comhairle nan Eilean Siar council area;
(c) the Cyngor Sir Ynys Môn Isle of Anglesey county area;
(d) the Isle of Wight county area;
(e) the County of Cornwall and Isles of Scilly council areas;
(f) the Highland Council area;
(g) the Argyll and Bute Council area.
(2) The number of constituencies to be allocated to each area shall be determined by dividing the electorate of the area or areas concerned by the United Kingdom Electoral Average and rounding to the nearest whole number, unless this would mean that rule 4(1) could not be satisfied, in which case the area concerned will be allocated the smallest number of constituencies required in order to satisfy that rule. Each area must be allocated at least one whole constituency.
(3) In this rule “United Kingdom Electoral Average” means (where E is the electorate of the United Kingdom)—
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(14 years ago)
Commons ChamberWith this it will be convenient to discuss the following:
Amendment (a) to new clause 20, leave out subsection (1) and insert—
(1) Where the date of the poll for a local authority election in England is the same as the date of the poll for the referendum, the polls are to be taken together.’.
Amendment (b) to new clause 20, leave out subsection (4) and insert—
(4) Where the date of the poll for a Northern Ireland Assembly Election is the same as the date of the poll for the referendum, the polls are to be taken together.’.
Amendment (c) to new clause 20, in subsection (8), leave out from ‘“local referendum in England”’ to the second “Local Government Act 2000;”
Amendment (d) to new clause 20, in subsection (8), leave out from ‘“Northern Ireland local election”’ to “Electoral Law Act (Northern Ireland) 1962”.
Government new schedule 2—Combination of polls: England.
Amendment (a) to new schedule 2, in paragraph 11, in sub-paragraph (1) leave out ‘15th’ and insert ‘28th’.
Amendment (b) to new schedule 2, after paragraph 12, insert—
‘Absent voter application
12A An application under regulation 51(4)b of the Representation of the People (England and Wales) Regulations 2001, SI 2001/341, for an absent vote must state whether it is made for parliamentary elections, local government elections, referendums or all of them.’.
Amendment (c) to new schedule 2, leave out paragraph 15 and insert—
‘15 (1) The Chief Counting Officer shall select the colour of the ballot paper used for the referendum.
(2) The other ballot papers used for any relevant election shall be of a different colour from that selected by the Chief Counting Officer.’.
Amendment (d) to new schedule 2, in paragraph 17, leave out sub-paragraph (1) and insert—
‘(1) The official poll cards used for the referendum and for the relevant elections must be combined for all electors qualified to vote in all the polls.’.
Amendment (e) to new schedule 2, in paragraph 18, leave out sub-paragraph (1) and (2) and insert—
(1) Separate ballot boxes must be used for the referendum to those used for other relevant elections taking place on the same day.
(2) Each ballot box must be marked to show—
(a) the referendum or relevant election to which it relates, and
(b) the colour of ballot papers that should be placed in it.’.
Amendment (g) to new schedule 2, in paragraph 27, in sub-paragraph (1), leave out
‘If the counting officer thinks fit, the same copy of the register of electors may’
and insert
‘Separate registers of electors must’.
Amendment (h) to new schedule 2, in paragraph 27, leave out sub-paragraphs (2) to (4).
Amendment (i) to new schedule 2, in paragraph 40, at the end of sub-paragraph (3) insert
‘or
(c) the person is a Member of Parliament.’.
Amendment (j) to new schedule 2, after paragraph 43 insert—
‘Priority in counting of votes
43A Counting officers must give priority to the counting of ballots cast in—
(a) the respective elections to the Northern Ireland, Scotland and Wales devolved administrations, and
(b) local council elections in each part of the United Kingdom.’.
Amendment (k) to new schedule 2, in paragraph 44, at the end of sub-paragraph (1), at end of sub-sub-paragraph (a) insert
‘containing ballot papers for the referendum vote.’.
Amendment (l) to new schedule 2, in paragraph 44, at the end of sub-paragraph (1), at end of sub-sub-paragraph (b) insert
‘containing ballot papers for the referendum vote.’.
Amendment (m) to new schedule 2, in paragraph 44, at the end of sub-paragraph (3), at end of sub-sub-paragraph (a) insert
‘containing ballot papers for the referendum vote.’.
Amendment (n) to new schedule 2, in paragraph 44, at the end of sub-paragraph (3), at end of sub-sub-paragraph (b) insert
‘containing ballot papers for the referendum vote.’.
Amendment (o) to new schedule 2, in Part 2, in the second column, in the entry relating to Regulation 71, leave out ‘eleventh’ and insert ‘fifteenth’.
Government new schedule 3—Combination of polls: Wales.
Amendment (a) to new schedule 3, in paragraph 15, leave out sub-paragraph (1) and insert—
"(1) The official poll cards used for the referendum and the Assembly elections must be combined for all electors qualified to vote in all the polls.’.
Amendment (b) to new schedule 3, in paragraph 17, leave out sub-paragraphs (1) and (2) and insert—
“(1) Separate ballot boxes must be used for the referendum to that used for the Assembly elections.
(2) Each ballot box must be marked to show—
(a) the referendum or Assembly election to which it relates, and
(b) the colour of ballot papers that should be placed in it.’.
Amendment (c) to new schedule 3, leave out paragraph 18 and insert—
“18 (1) The Chief Counting Officer shall select the colour of the ballot paper used for the referendum.
(2) The other ballot papers used for the Assembly elections shall be of a different colour from that selected by the Chief Counting Officer.’.
Amendment (e) to new schedule 3, in paragraph 45, at the end of sub-paragraph (3) insert
‘or
(c) the person is a Member of Parliament.’.
Amendment (f) to new schedule 3, in paragraph 47, in sub-paragraph (1)(d), leave out ‘separate’ and insert ‘keep separate throughout’.
Amendment (g) to new schedule 3, in paragraph 49, sub-paragraph (1), at the end of sub-sub-paragraph (a) insert
‘containing ballot papers for the referendum vote.’.
Amendment (h) to new schedule 3, in paragraph 49, at the end of sub-paragraph (1), at end of sub-sub-paragraph (b) insert
‘containing ballot papers for the referendum vote.’.
Amendment (i) to new schedule 3, in paragraph 49, at the end of sub-paragraph (3), at end of sub-sub-paragraph (a) insert
‘containing ballot papers for the referendum vote.’.
Amendment (j) to new schedule 3, in paragraph 49, at the end of sub-paragraph (3), at end of sub-sub-paragraph (b) insert
‘containing ballot papers for the referendum vote.’.
Government new schedule 4—Combination of polls: Scotland.
Amendment (a) to new schedule 4, paragraph 15, leave out sub-paragraph (1) and insert—
“(1) The official poll cards used for the referendum and for the Scottish parliamentary election must be combined for all electors qualified to vote in all the polls.’.
Amendment (b) to new schedule 4, paragraph 17, leave out sub-paragraphs (1) and (2) and insert—
“(1) Separate ballot boxes must be used for the referendum to that used for the Scottish parliamentary elections.
(2) Each ballot box must be marked to show—
(a) the referendum or parliamentary election to which it relates, and
(b) the colour of ballot papers that should be placed in it.’.
Amendment (c) to new schedule 4, leave out paragraph 18 and insert—
“18 (1) The Chief Counting Officer shall select the colour of the ballot paper used for the referendum.
(2) The ballot papers used for constituency or regional ballots shall be of a different colour from that selected by the Chief Counting Officer.’.
Amendment (e) to new schedule 4, in paragraph 42, at the end of sub-paragraph (3) insert
‘or
(c) the person is a Member of Parliament.’.
Amendment (f) to new schedule 4, in paragraph 46, in sub-paragraph (1)(d), leave out ‘separate’ and insert ‘keep separate throughout.’.
Amendment (g) to new schedule 4, in paragraph 48, at the end of sub-paragraph (1) (a)insert
‘containing ballot papers for the referendum vote.’.
Amendment (h) to new schedule 4, in paragraph 48, at the end of sub-paragraph (1), at end of sub-sub-paragraph (1)(b) insert
‘containing ballot papers for the referendum vote.’.
Amendment (i) to new schedule 4, in paragraph 48, at the end of sub-paragraph (3), at end of sub-sub-paragraph (a) insert
‘containing ballot papers for the referendum vote.’.
Amendment (j) to new schedule 4, in paragraph 48, at the end of sub-paragraph (3), at end of sub-sub-paragraph (b) insert
‘containing ballot papers for the referendum vote.’.
Government new schedule 5—Combination of polls: Northern Ireland.
Amendment (a) to new schedule 5, leave out paragraph 12 and insert—
“12 (1) The Chief Electoral Officer shall select the colour of the ballot paper used for the referendum.
(2) The ballot papers used for any relevant elections shall be of a different colour from that selected by the Chief Electoral Officer.’.
Amendment (b) to new schedule 5, in paragraph 14, leave out sub-paragraph (1) and insert—
“(1) The official poll cards used for the referendum and for the relevant elections must be combined for all electors qualified to vote in all the polls.’.
Amendment (c ) to new schedule 5, in paragraph 15, leave out sub-paragraphs (1) and (2) and insert—
“(1) Separate ballot boxes must be used for the referendum to that used for other relevant elections taking place on the same day.
(2) Each ballot box must be marked to show—
(a) the referendum or relevant election to which it relates, and
(b) the colour of ballot papers that should be placed in it.’.
Amendment (e) to new schedule 5, in paragraph 31, at the end of sub-paragraph (3) insert
‘or is a Member of Parliament.’.
Amendment (f) to new schedule 5, in paragraph 32, in sub-paragraph (1)(c), leave out ‘separate’ and insert ‘keep separate throughout.’.
Amendment (g) to new schedule 5, in paragraph 33, at the end of sub-paragraph (1)(a), insert
‘containing ballot papers for the referendum vote.’.
Amendment (h) to new schedule 5, in paragraph 33, at the end of sub-paragraph (1)(b) insert
‘containing ballot papers for the referendum vote.’.
Amendment (i) to new schedule 5, in paragraph 48, at the end of sub-paragraph (3)(a) insert
‘containing ballot papers for the referendum vote.’.
Amendment (j) to new schedule 5, in paragraph 48, sub-paragraph (3), at end of sub-sub-paragraph (b) insert
‘containing ballot papers for the referendum vote.’.
On a point of order, Mr Evans. This is a large group of amendments, schedules and a new clause; indeed, it constitutes some 120 pages of the amendment paper. I need a little clarity about when we come to vote on amendments and about whether, if we were to agree to the new clause, it would then be possible to vote on amendments to the schedule later.
(14 years ago)
Commons ChamberOrder. If hon. Members can be quieter, the entire Committee will be able to hear what Mr Heath is saying, so please calm down. We have only another 11 minutes left, as hon. Members know, before we need to move on.