Debates between Chris Bryant and Philip Davies during the 2017-2019 Parliament

Tue 30th Oct 2018
Tobacco
Commons Chamber

1st reading: House of Commons
Fri 27th Apr 2018
Assaults on Emergency Workers (Offences) Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons
Wed 13th Dec 2017
European Union (Withdrawal) Bill
Commons Chamber

Committee: 7th sitting: House of Commons

Tobacco

Debate between Chris Bryant and Philip Davies
1st reading: House of Commons
Tuesday 30th October 2018

(5 years, 6 months ago)

Commons Chamber
Read Full debate Tobacco Bill 2017-19 View all Tobacco Bill 2017-19 Debates Read Hansard Text

A 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

Philip Davies Portrait Philip Davies (Shipley) (Con)
- Hansard - - - Excerpts

To be clear, while I rise to oppose the Bill, I do not intend to divide the House. I do not intend to speak for long either, as I know that many hon. Members want to speak in the Budget debate, but it is important to put the Bill that the right hon. Member for Rother Valley (Sir Kevin Barron) proposes into some context. I commend his dogged determination to reduce the number of people who smoke, but my fear is that, with this Bill, the points that he raises are either unwelcome or largely not necessary.

Yesterday the Chancellor again increased the tax on tobacco products by a rate above inflation, which means that the tax on some products is now more than 90% of the retail price. Around £12 billion of excise revenue is raised from tobacco products in the UK each year, and that does not include VAT. Each year the Government increase the level further above inflation. It was supposedly Louis XIV’s Finance Minister, Jean-Baptiste Colbert, who famously said that the art of levying taxes is to pluck the goose so as to get the maximum amount of feathers with the minimum amount of hissing. That is the balancing act that the Government have to perform every year with duties, including tobacco duty, except in this case the only hissing that we can hear is the sound of the criminal gangs who smuggle illegal tobacco into this country rubbing their hands with glee. If the Government thought that they could raise any more from the tobacco industry, I think that they would already be doing it.

The right hon. Gentleman proposes that the House should require the Secretary of State to report on how he is making the tobacco industry pay for smoking cessation services. One is tempted to ask how much more than £12 billion the right hon. Gentleman wants or expects, but of course what he is calling for is some kind of levy on tobacco, which he and a few others have repeatedly asked this and previous Governments about in the House. Indeed, such a question was asked only last month by the hon. Member for York Central (Rachael Maskell), so clearly Members are having no difficulty in holding the Government to account on this issue, and I certainly do not think that we need a new Bill to help us.

The hon. Lady received the same answer in September that the Government have given many times before: a levy would be passed on to consumers and so would have the same effect as a duty increase, which is happening anyway, except for the fact that a levy would complicate the tax system, increase the administrative burden on Her Majesty’s Revenue and Customs, and create uncertainty for consumers and businesses. It was a bad idea in 2016 when the right hon. Member for Rother Valley presented a petition to the House about it, it was a bad idea last month, and it is still a bad idea today. The right hon. Gentleman keeps banging this drum, but perhaps it is time to change the tune.

On the advertising and promotion of alternatives to smoking, such as e-cigarettes, the right hon. Gentleman will be aware that the Government have already committed to examining how they can better support smokers with clear information after we leave the EU and once we are no longer held back by the outdated thinking of the EU’s tobacco products directive—yet another benefit of leaving. The best thing that a smoker can do, of course, is to quit smoking altogether, but it is obvious that those who cannot, or do not want to, deserve to be told the truth about e-cigarettes and other products that could offer them a less harmful alternative. At present, the law prevents manufacturers from giving them that information, but I hope that once we leave the EU, we will be able to change that.

Not all aspects of the tobacco products directive are bad, however; some offer real protections to consumers and deserve to be preserved after we leave the EU. For example, the right hon. Gentleman will be aware that the directive requires the manufacturers and importers of e-cigarettes and novel tobacco products to share with the Government any market research information that they hold on those products when they place them on the public register of legal products. That seems to be a very proper measure to allow the Government to monitor what is happening in this marketplace. As long as that measure remains in place after we leave the EU, it strikes me that we see another part of the right hon. Gentleman’s proposed Bill that is simply not needed.

Finally, the right hon. Gentleman asks for the introduction of a tobacco licensing scheme, with tough penalties, but again that simply is not needed. The Government are already at work on implementing a Europe-wide system to track and trace tobacco products. That system will require that manufacturers, importers, wholesalers and retailers are all registered on a public database as “economic operators” in order to handle tobacco. That is a de facto licensing scheme anyway, and it does everything that is needed to support trading standards enforcement against unscrupulous criminals who sell smuggled tobacco or sell tobacco to children—with a bit of luck, we will see a few more of them behind bars as a result. I certainly hope that anyone who is caught committing such crimes would be automatically struck off the list and rendered unable to legally handle tobacco.

As I said, the right hon. Gentleman deserves our respect for his tireless and relentless work to reduce smoking. Although it is not my intention to divide the House, I thought that it was important to put on record the context of his proposed Bill and to point out that its measures are either unwelcome or, more often, not necessary.

Question put (Standing Order No. 23) and agreed to.

Ordered,

That Sir Kevin Barron, Norman Lamb, Mark Pawsey, Liz Kendall, Jess Phillips, Crispin Blunt, Mr Charles Walker, Mr Kevan Jones, Adam Afriyie and Tonia Antoniazzi present the Bill.

Sir Kevin Barron accordingly presented the Bill.

Bill read the First time; to be read a Second time on Friday 23 November, and to be printed (Bill 280).

Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
- Hansard - -

On a point of order, Mr Speaker. We have just agreed that the Bill is theoretically going to be read a Second time on 23 November. Unfortunately, on that day, 150 private Members’ Bills are going to be considered, 148 of which—now 149—I suspect will not be reached. Under our Standing Orders, the Government have to provide us with 13 days in a Session for private Members’ Bills. They guaranteed that they would provide additional days in this Session, because it is a two-year Session. They are considering having a two-year Session next time as well. Would it not be a good idea if they announced some additional days for private Members’ Bills—today, for instance?

Philip Davies Portrait Philip Davies
- Hansard - - - Excerpts

Further to that point of order, Mr Speaker.

Assaults on Emergency Workers (Offences) Bill

Debate between Chris Bryant and Philip Davies
Philip Davies Portrait Philip Davies
- Hansard - - - Excerpts

Madam Deputy Speaker, you would rightly start to pull me up if I were to go down the rabbit hole that the hon. Gentleman is trying to take me down, as that would not be relevant, particularly to these measures. However, I think that everybody has accepted that there is a shortage of prison officers. To be fair to the Government, they have done a pretty good job of recruiting quite a lot of additional officers over a fairly short timescale. I agree with the hon. Gentleman, but I would say that his point is one with which everyone agrees, which is why the Government have done something to increase the numbers. Whether or not that is enough is a different question, but we should give the Government credit where it is due.

There are 21 assaults on prison staff each and every day, two of which are serious. Prison officers have a hard and dangerous job, and I am sick of hearing about the pathetic additions to sentences for prisoners who assault them. Members might be as shocked as I was to learn that, in 2015, the average number of extra days given to prisoners who assaulted prison staff was 16— absolutely ridiculous! I believe that if someone assaults a prison officer, they should immediately lose their right to automatic release. Let the message go out that the Government are on the side of prison officers, and that those who assault them can expect to be properly punished, not just given the derisory slap on the wrist that they are given at the moment.

I have spoken to the Minister about this, so I know that he is passionate about protecting our prison officers. If he wants to do something tangible to stop assaults on prison officers, he should accept my proposal, because that will make the biggest single difference to reduce the number of such assaults. It would make an enormous difference if criminals knew that they would no longer be allowed automatic early release.

My new clauses in this group relate to three categories of people. The first set—new clauses 4 to 6 and 8—relates to prisoners assaulting all emergency workers, as defined in the Bill. The second set—new clauses 9 to 11 and 13—relates to all prison officers and those acting in a similar capacity in prisons. The third, which is new clauses 14 to 16 and 18, relates just to prison officers. The measures were designed to give the House the maximum range to choose from so that we could select the most appropriate route. The provisions would stop prisoners from being released automatically or early from various types of prison sentences if they assaulted a relevant person during their sentences.

I think that new clauses 4 to 6 and 8, which cover all emergency workers, fit best with the Bill because, of course, prisoners can come into contact with health professionals and other emergency workers, such as police officers investigating subsequent offences. It seems to me that an assault on those people should also be covered. If Members feel that only assaults on prison staff should be covered, however, they can pick alternative new clauses, and if they think that only assaults on prison officers should be covered, new clauses 14 to 16 and 18 are available.

Any of those approaches would be better than the status quo. They would mean that prisoners serving sentences of less than 12 months in prison could not be released automatically after six months or less if they had perpetrated an assault while in prison against any of the people I have mentioned. Prisoners serving fixed-term sentences of more than 12 months would also not be eligible for automatic release following an assault. Finally, the proposals would stop those who assault a relevant person from being eligible for early release.

In an ideal world, this would all be happening anyway—it would just be a matter of common sense—but I fear that common sense was thrown out of our criminal justice system an awfully long time ago. I understand that those serving life sentences and indeterminate sentences for public protection will already have any assaults and the like considered by the Parole Board before their release. I certainly hope that assaults are treated as a good reason not to release anybody, and that they would be a bar to people being released as early as would otherwise be the case. Otherwise, Parole Board hearings would be a farce, although some might argue that many already are.

If somebody has assaulted a person inside prison, they are perfectly capable of doing so outside prison, which is another thing that the Parole Board must bear in mind before release, and another reason why we should not automatically release such people early. At a time when assaults seem to be on the increase, we need much tougher action to protect those who come into contact with prisoners. Prisoners are clearly in prison for a reason. It is quite hard to be sent to prison these days, so those who are there, especially if they are serving long sentences, either have already committed a significant crime, or are repeat offenders. That is the only way to get incarcerated these days. If such people thought that they would have to serve their full sentence, rather than just a derisory extra 16 days in prison, they might well think twice about assaulting those who work in prisons to look after them and keep order. Anything that would reduce the number of assaults would surely be welcomed, and this would be a very effective deterrent.

I do not intend to speak to the two amendments in the group that were tabled by the hon. Member for Rhondda, as I am sure that he will do an excellent job of doing so, but I have added my name to them. They relate to spitting and sexual assault. I think we can all agree that spitting is absolutely disgusting and incredible dangerous, particularly to the emergency workers who face it. I appreciate that spitting already constitutes an assault, but I certainly see no harm in highlighting it separately, as the hon. Gentleman has. The West Yorkshire police federation says that spitting affected 21% of all police officers in the latest year, so the Minister should not underestimate how big a problem it is. I absolutely agree with the hon. Gentleman that sexual assault should be covered by the Bill—it would be perverse if it was not. Any assault, including sexual assault, should not be tolerated at all, and making this an aggravating factor is a welcome move. I hope that the Government will accept both the hon. Gentleman’s amendments.

Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
- Hansard - -

It is an enormous pleasure to follow the hon. Member for Shipley (Philip Davies). I thought that I was going to follow him a little earlier, not least because he told me on the phone the other night that he was going to speak for 15 minutes, but we have loved every minute of it and inflation—[Interruption.] Yes, we were given a rather longer sentence than we anticipated. He is in favour of longer sentences—and paragraphs, clearly.

I will not go into the whole meaning of the Bill, as we are here today to discuss specific amendments. We are, after all, on Report. Before I go any further, I want to pay tribute to a significant number of Members on both sides of the House, not least my hon. Friend the Member for Halifax (Holly Lynch). I feel as if I am carrying the baton over the next stage, because this Bill very much started with her, so I want to pay tribute to her. In fact, there are Members in all parties in the House who support the legislation in broad terms. I hope that, by the end of today, we will have a Bill that is eminently suitable to go to the House of Lords and to be on statute book by the end of this year, preferably by the autumn so that the courts can start taking these matters more seriously. I will pay much fuller tribute later to the Ministers concerned depending on how they behave this morning. I am also grateful to the hon. Member for Shipley for referring to my charm earlier; I am not sure whether he entirely carried the whole House at that point.

I want to speak to two amendments in my name. Amendment 2 adds the words, “including spitting” as a way of helping to define the concept of common assault or battery, which is in clause 1. There are three different types of spitting to which the law might refer. The first is at or on a person. The second is at or on property, such as on clothing. This matter has often come before the courts, but the outcomes of such cases tend not to be very satisfactory. None the less, there are instances where spitting on property could constitute criminal damage. The third category is spitting in the street, which was, until 1990, an offence carrying a £5 fine. Incidentally, the local authority in Waltham Forest and one other in, I think, Enfield now have £80 fines for spitting in the street—this is not spitting at anybody, but just spitting in the street. Interestingly, at the Beijing Olympics, the Chinese authorities were very keen to try to prevent this as a matter of good manners, and I think that we would all agree that it would be good to stop that here. However, that is not what this amendment is about. This is about spitting at a person.

It is interesting that the deliberate act of spitting at someone, for instance at a football match, is deemed a threat of further violence, demeaning the sport, and bringing the sport into disrepute. FIFA, for instance, counts it as violent behaviour, which can lead to a player being sent off. The Football Association in the UK expressly includes it as a sending-off offence. Indeed, the West Ham player, Arthur Masuaku, has only just finished a six-month ban for spitting. If Members watch the incident in that match, they will see that it was particularly disgusting and despicable. I think that every supporter of football would agree that the ban was wholly appropriate.

Section 39 of the Criminal Justice Act 1988 includes the statutory reference to common assault or battery, but it has no specific definition of what constitutes common assault. It is an old common law offence, which has been brought into statute law. In one sense, that is good, because it means that the courts can take cognisance of precedence and that they can look at a whole variety of different issues, but it does also mean that while the vast majority of people in this country would presume that deliberately spitting at another person constitutes assault, and there might have been some other physical element, which might be battery, it does not expressly say so in law.

By introducing a new offence of common assault or battery on an emergency worker, including all the emergency workers who are later defined in the Bill, we have effectively tried to bring that concept of common assault or battery from the Criminal Justice Act to apply to all spitting at emergency workers. The problem is that, as the statute does not expressly define spitting as being part of the offence of common assault or battery, there is anxiety in some circles that prosecuting authorities do not take the matter very seriously.

The truth is that there is a growing incidence of spitting at emergency workers. The West Midlands police, for instance, reported that in just one year—2016—there were 231 cases of police officers being spat at. Some of the instances are quite horrific. A few years ago, I was supporting legislation to ban foxhunting. There was a fundraising dinner in Cardiff for the Labour party, and many people who opposed foxhunting decided to come and protest outside. When they saw me arrive, from about 300 yards away, they decided to chase me down the street. The police bundled me into the back of a blacked-out van to protect me, and they locked the door. The slightly unfortunate thing was that they forgot that I was in the van and, four hours later, I was not able to get back out of the van. It felt as if I had been given a longer sentence than many others.

--- Later in debate ---
Philip Davies Portrait Philip Davies
- Hansard - - - Excerpts

I do the Minister a disservice—he did make that point and I apologise.

As well as talking about spitting, the hon. Member for Poplar and Limehouse mentioned the fire service. I was pleased that he did, because that allows us not only to thank him for the service he gave for many years in the fire service, but to highlight the number of assaults that firefighters face, which he rightly spoke about. That number is massively on the increase in West Yorkshire, which is appalling. His contribution allows us to highlight the fact that firefighters are included in this legislation, and rightly so.

I was heartened by the support I received from my colleagues, particularly my hon. Friends the Members for Corby (Tom Pursglove), for Mid Worcestershire (Nigel Huddleston), for North Warwickshire (Craig Tracey), for Chippenham (Michelle Donelan) and for Torbay (Kevin Foster), on my point about automatic early release, even if they did not all think that we should deal with it here and now in the Bill. I fear that the Minister has been slightly got at regarding this point either by his officials at the Ministry of Justice—they never want to send anyone to prison from what I can see, and certainly do not want any more people in prison—or by the Treasury. I cannot work out which, and perhaps it is both, but I hope, in all seriousness, that he will look at the issue again.

The Minister ought to be able to detect that there is widespread support in the House for not allowing people who assault prison officers to get automatic early release. If he will not do something about it as a Government Minister, I will certainly do what I did when the Prisons and Courts Bill was passing through the House before the last election and table an amendment to that effect. The Labour party kindly indicated that it would have supported that amendment, but we never got to it because of the election. The SNP kindly said that they would support that amendment to protect prison officers. I suspect that if the Government do not act on this, they will find themselves defeated if any such amendment is tabled to future legislation. I hope they will reflect on the strength of feeling that has been shown on both sides of the House to say that people should not be released from prison early if they assault prison officers. I hope he will go away and look at that issue again.

Finally, on new clause 1, which I am formally obliged to either press or withdraw, I am disappointed that the Minister has decided to leave on the statute book two pieces of law that have the same effect but carry two different sentences. He says there is no need for the new clause, but there is certainly no reason not to make the change to put both pieces of legislation in line and tidy up the law. I am sorry that he resisted such a modest proposal. Like other Members, however, I do not want to do anything to undermine the chances of the Bill getting through. It is a fantastic piece of legislation that I support wholeheartedly. With those reservations, I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

Clause 2

Aggravating factor

Amendment made: 3, page 2, line 39, at end insert—

“(aa) an offence under section 3 (sexual assault) of the Sexual Offences Act 2003”.—(Chris Bryant.)

This causes the fact that the victim was an emergency worker to be an aggravating factor in cases of sexual assault.



Clause 4

Taking of samples under the Police and Criminal Evidence Act 1984

Chris Bryant Portrait Chris Bryant
- Hansard - -

I beg to move amendment 4, page 4, line 23, leave out clause 4.

European Union (Withdrawal) Bill

Debate between Chris Bryant and Philip Davies
Philip Davies Portrait Philip Davies (Shipley) (Con)
- Hansard - - - Excerpts

Does the hon. Gentleman not concede that there was a meaningful vote on 23 June 2016, when people voted to leave the European Union? The problem with the amendment tabled by my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) is that it could be, and no doubt is designed to be, used to try to overturn and frustrate that meaningful vote. [Interruption.] My right hon. and learned Friend laughs, but it is a shame he does not have the courage of his convictions to admit that that is what his game is. If people in this House use that amendment for those purposes, the backlash from the British public will be like none seen before, and he should beware of that consequence.

Chris Bryant Portrait Chris Bryant
- Hansard - -

Plenty of Members have plenty of courage about their convictions and have demonstrated it effectively in recent weeks. I do not think the hon. Gentleman should be deriding others because they have chosen to take a different direction. I am not sure whether he has been here for the whole debate—he might have missed a few minutes or indeed most of the hours. He is right that I am a remainer and I would prefer the country to remain in the EU—I admit that openly—but my constituents voted to leave and the country voted to leave, and we are going to leave. But we have to make sure we take the whole country with us, and we will not do that by a parliamentary process that gives far too much power to the Government and does not allow for proper scrutiny in this House.

--- Later in debate ---
Chris Bryant Portrait Chris Bryant
- Hansard - -

I agree. As I have said before, I also believe that there is a significant degree of agreement among all parties in this House, and probably in the House of Lords as well, about what the final agreement should look like. If the Government abandoned the strategy that they have so far adopted and decided to search for that consensus—“We’re going to try to get 650 MPs through the Division Lobby in favour of the final deal”—they would stand a better chance of getting the best deal for Parliament.

Philip Davies Portrait Philip Davies
- Hansard - - - Excerpts

Will the hon. Gentleman give way?

--- Later in debate ---
Chris Bryant Portrait Chris Bryant
- Hansard - -

I am sorry, but I am not going to give way to the hon. Gentleman.

Chris Bryant Portrait Chris Bryant
- Hansard - -

No. The hon. Gentleman can point and hail as many cabs as he wants, but I am not going to give way to him again because others wish to speak.

All too often, the Government have urged us to accept clause 9 and the related measures on the basis of trust alone. As has already been said, it is just too difficult to see how we can put that trust in their hands. For a start, they have systematically ignored resolutions of the House over the past seven years; they have regularly refused to allow annulment debates on statutory instruments so that they could be meaningful—they have refused to do that even when they have guaranteed at the Dispatch Box that they were going to do so; and they have insisted on having majorities on all Committees. I fear that if we allow the Government to have excessive powers, they will tend to use every single one of those powers. The truth is that they seem to want a carte blanche.

I wish the Government welcomed the role of Parliament in this process, but I just do not detect that. The devil will be in the detail. The Government cannot just bamboozle the people with verbiage that has absolutely no meaning whatsoever: “Brexit means Brexit”, “a red, white and blue Brexit”, “nothing is agreed until everything is agreed”, and all the rest of it. It is a denigration of the English language, let alone anything else.

What we actually need is a Bill, with words in it that have legal effect, because, in the end, this is an existential matter for Parliament. Are we really a sovereign Parliament if we surrender our power to the Government? Not really. Are we really a representative democracy if MPs are denied a truly meaningful role in the process? Not really. Are we really a United Kingdom Parliament if we carry only 52% of the country with us? Not really.

Business of the House (Private Members’ Bills)

Debate between Chris Bryant and Philip Davies
Monday 17th July 2017

(6 years, 10 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Philip Davies Portrait Philip Davies
- Hansard - - - Excerpts

I am grateful to the hon. Lady for her comment, but the problem with ten-minute rule Bills is that they go to the back of the queue. The Bills that get precedence are those that come out of the ballot—they are the ones that get the best slice.

Of course, I understand why the hon. Member for Rhondda has tabled his amendment. Obviously, if I were in his shoes I would make the same argument: he wants 26 days rather than 13 because his Bill is top of the list and that would enhance his chances of getting it through. He is arguing out of natural self-interest and I do not blame him for doing so. If I had come top of the ballot—

Philip Davies Portrait Philip Davies
- Hansard - - - Excerpts

The hon. Gentleman can tell us that he is not arguing out of self-interest.

Chris Bryant Portrait Chris Bryant
- Hansard - -

I am arguing out of the hon. Gentleman’s interest actually, because he supports my private Member’s Bill.

--- Later in debate ---
Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
- Hansard - -

I want to speak to my amendment, but first I want to respond immediately to the hon. Member for Shipley (Philip Davies), who said that I should declare my interest. I would argue that of all Members in the House, I probably have the least interest in extending the number of days this year, because I came top of the ballot. It is those Members who came further down the ballot—at No. 5, No. 10, No. 15 and No. 20, for example—who perhaps have a greater interest in this. I very much hope that the hon. Gentleman and all other hon. Members will unite on 20 October and turn up here to vote for my Bill to ensure that our emergency workers do not get spat at and attacked when they are doing their work. I hope that my Bill will attract his support, briefly, and that of Government Ministers. We have yet to see whether that will happen.

The hon. Gentleman rightly said that the Standing Orders provide for 13 private Members’ Bill days in a Session, but that is not true when we have a short Session, is it? We just curtail in those circumstances; we do not say that we have to have another six private Members’ Bill days before the end of the Session. The truth is that this is a bit of a conundrum, but it is the Government who have the power to decide the length of the Session. That is why it is only fair play for the Government, when they decide that a Session is to last for two years, to provide two years’ worth of private Members’ Bill days.

The hon. Gentleman says that there should be a second ballot. That might be a great idea, but only the Government can table an amendment to that effect—

Philip Davies Portrait Philip Davies
- Hansard - - - Excerpts

indicated dissent.

Chris Bryant Portrait Chris Bryant
- Hansard - -

No, no. If we had tabled such an amendment to today’s business, it would not have been selectable. There is no way that we could have tabled it today. The only thing that is open to us is to table the extra 13 days.

To be absolutely clear, my amendment would add another 13 days and therefore give many hon. and right hon. Members a further opportunity to get legislation on the statute book. Why does that matter? The first thing that we get asked by every sixth-former is, “If you had a chance to change the law, what is the one thing that you would do?” We are all used to answering that question, and we sometimes get that chance. I just think that more of us should have that opportunity. In this two-year Parliament, we could have ten-minute rule Bills or presentation Bills or Bills from people in the private Members’ Bills ballot.

Philip Davies Portrait Philip Davies
- Hansard - - - Excerpts

Will the hon. Gentleman give way?

Chris Bryant Portrait Chris Bryant
- Hansard - -

I am not going to give way, because I look forward to hearing the hon. Gentleman just say yes on 20 October.

If the Government wanted, they could make a Session last five years. Would there be only 13 days for private Members’ Bills then? In theory, yes, but according to the laws of moral justice in this House, I would say not. Why do I not trust the Government on this? The Leader of the House has said a couple of times on Thursday mornings that she is minded to look at adding extra days, but she then tabled a motion that allows for 13 days through to 23 November 2018. That does not suggest to me that she thinks there should be the proportionate number for two years. In this case, we are not being given the argument straight. I tabled my amendment for an additional 13 days, because if the Government win the vote today, I do not believe that the Leader of the House will come back with another motion for any more days.

When Richard Crossman introduced the Standing Order that we are dealing with today, he allowed for 22 private Member’s Bill days a year, saying:

“This reflects the increasing importance which Private Members’ Bills have assumed in the last year or two; and I am pleased to see from the reports so far published about the subjects likely to be selected by Members successful in this year’s Ballot that hon. Members are still prepared to come forward with bold proposals for the solution of social problems of the day.”—[Official Report, 14 November 1967; Vol. 754, c. 259.]

That was in 1967, when they had just passed, as my hon. Friend the Member for Ealing Central and Acton (Dr Huq) was right to say, a Bill that partially decriminalised homosexuality. It did not go the whole way, and it took a considerable period for that to happen. It was not until a Labour Government had to push it through the House of Lords using the Parliament Act that we ended up with an even and equal age of consent. However, it started as a private Member’s Bill and then became a Government Bill. As my hon. Friend also said, the end of the death penalty came through because Members battled month after month, and votes for women happened because people tabled private Members’ Bills year after year and made Parliament make up its mind. In the end, it was a Government Bill that allowed women the vote in 1918—100 years ago next year.

Tomorrow will be the 50th anniversary of the partial decriminalisation of homosexuality. Every single one of us would like to have done something as historic as that, and if we hung up our boots or the voters chucked us out at the next general election, that is absolutely fine. All we are trying to do today is say, “You know what? We could make private Members’ legislation better. We could make good Bills that don’t just depend on Ministers.” The Government Members I know are real parliamentarians and would desperately love to do something as significant as the things that we are talking about tonight, which is why I beg, urge and implore them to vote for my amendment tonight. They will know that they will have done a good thing.