Public Procurement

Daniel Kawczynski Excerpts

Tuesday 6th March 2012 Commons Chamber

[Mr Harper]

I thank my hon. Friend for making that point. On the specific issue of procuring rolling stock, he will know that when this came up in the House last year the then Transport Secretary made it clear that the bids were being evaluated by criteria laid down by the previous Government. The problem was that we had to follow the criteria that were already laid down. The then Secretary of State also said that we would look at procurement in the growth review that was under way, and that we would look at what happens in other EU countries that are constrained by the same rules and at best procurement practices to make sure that, where appropriate, we include appropriate socio-economic criteria in the procurement decisions. That has to be done right at the beginning; we cannot set out the criteria and then change the rules part way through the process to favour domestic bidders. I have looked in detail at the particular case my hon. Friend mentions and it was made clear that the decisions that people are not happy with were taken under the previous Government and that we had to implement them. The alternative would have been to suspend the procurement process completely and go right back to the drawing board.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

I, too, wanted to raise the issue of Bombardier. Does my hon. Friend agree that there is growing interest in this among British citizens and that they want the Government to be more resolved to buy British goods, particularly British agricultural products, when it comes to supplying our armed forces? How will the Bill enable us to do that?

[Mr Harper]

My hon. Friend makes a very good point. The Government have been doing a great deal of work on this, and my right hon. Friend the Secretary of State for Environment, Food and Rural Affairs has been setting out some of the Government’s policies to improve that position. However, I shall not go into those in depth, because that would take us away from the focus of this reasoned opinion.

Parliamentary Standards Act 2009

Daniel Kawczynski Excerpts

Thursday 15th December 2011 Commons Chamber

[Adam Afriyie (Windsor) (Con)]

I beg to move,

That this House approves the recommendations of the First Report from the Members’ Expenses Committee on the Operation of the Parliamentary Standards Act 2009, HC 1484.

It is a pleasure to open the debate. I do not intend to detain the House for too long, as there has been a lot of debate on this subject. I welcome this opportunity from the Backbench Business Committee to present the findings of our very thorough and carefully conducted review of the Parliamentary Standards Act 2009. The Committee on Members’ Expenses was tasked with reviewing the operation of the Act to work out what were its aims—what was intended by Parliament—and whether those aims were being fulfilled, and to make any recommendations that were felt necessary.

I am delighted that the House has the opportunity to debate this issue and I thank hon. Members on both sides of the House for their support and input during the process of constructing the report. I thank in particular my fellow members on the Committee. We worked very hard in very busy circumstances to try to put together a report that truly reflected the evidence we received. Hon. Members will be aware that in many cases when one is on a Committee one has to pull back one’s personal preferences to ensure that what is delivered is fair and balanced and truly reflects the evidence and information provided. I thank the Chair of the Backbench Business Committee for making it possible to bring these issues to the House in a non-confrontational environment in which we can talk about matters that relate to the House and, primarily, to Back Benchers. This is a good forum in which to do that.

The party leaders and the House in general deserve some recognition for the initiation and passing of the Parliamentary Standards Act in 2009 and the amending Act in 2010. The House clearly decided to get rid of the old discredited system, to have independent regulation of Members’ expenses and to have that level of remuneration set independently. It also decided clearly that it wanted there to be more accountability for that body and these things than there had been in the past. I thank in particular the former Leader of the House, the right hon. and learned Member for Camberwell and Peckham (Ms Harman), for stating very clearly what the intentions of the Act were prior to its enactment in 2009. I thank also the shadow Leader of the House at that time, the current Leader of the House and the former shadow Leader of the House in the current Parliament for being entirely consistent in their presentation of the aims and objectives behind the legislation and for being persistent in trying to ensure that those aims and objectives were met.

Contrary to most media reports, the review that I present on behalf of the Committee is not particularly controversial. It is completely in keeping with the aims of the Act, as they were laid out. There are seven fairly clear aims about, for example, value for money, accountability, not deterring Members from making claims, being open about what is going on—the transparency side of things—and not creating a system that is unfair for Members who do not have independent means or who do not have families. We were very mindful of those objectives when we conducted the review and I highly recommend that hon. Members read the first section of the report, which runs through the history of payments to MPs. That section also runs through each of the Act’s aims and analyses the extent to which they are currently being met.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

My hon. Friend has thanked various people. Will he accept my thanks and those of many colleagues for all the work he has put into this report? This is an extremely controversial matter and he has shown great leadership and sacrifice in doing all he has done.

[Adam Afriyie]

I thank my hon. Friend. If I could, I would probably flush up at this moment, but luckily hon. Members would not know if I had.

The objective of the review and its recommendations was to make sure that the aims of the Act, on which the majority of the House agreed, were being met in reality. Let me dispel a couple of the misleading ideas that are bouncing around about the report before I go through its recommendations so that the House is fully aware of what we might be accepting or putting over to the Independent Parliamentary Standards Authority a bit later.

--- Later in debate ---

[Adam Afriyie]

That point is echoed and very well made as a recommendation in the report. IPSA is taking some steps in that direction, and I hope that the report encourages it to move more quickly.

Let us remember that all the changes we made in 2009 were about improving the public’s confidence in this institution, but that cannot happen if the way information is published misleads people into believing something different. I am concerned in particular about the new intake of MPs, and at some point I will ask IPSA, “How many members of the new intake do we honestly think have been terribly devious and tried to cheat their expenses?” I think that the answer is zero. The robust systems in place indicate as much, but every eight weeks Members are lambasted in their local press for claiming something, so something is wrong with the way information is presented, and that is what the report tries to tackle.

[Daniel Kawczynski]

I very much hope that as part of my hon. Friend’s recommendations to IPSA he challenges it also to interact with our suppliers to lower the costs that we pay to some of them, such as Cellhire, which I personally think are extortionate. I very much hope also that IPSA will use bulk purchasing contracts in future to drive down our costs.

[Adam Afriyie]

The report also makes that recommendation, urging IPSA to continue in that direction and, as far as possible, like most other organisations, to do some central purchasing and secure some wholesale agreements, as it has with rail travel. It is stepping slowly in that direction, but we urge it to move a lot more quickly, so that our time and that of our staff can be spent on constituents rather than on unnecessary bureaucracy.

It is very hard to see anything controversial in our report; it is incredibly moderate, calm and analytical. It also asks that IPSA be more transparent and explain to the public—on its website, or in a letter to us—its existing system of supplements for London, for the outer London area and for mileage; explain its rationale for those items, which it has introduced, because the public need to know why it has done so; and then to show very clearly the methodology behind the calculation that enables it to arrive at its figures for those supplements. That would be a very useful exercise, because then people might see how the numbers are calculated and where they come from.

In the second part of recommendation 17, we say that if the system that IPSA has already introduced to London and the outer London area were rolled out—so we are not making a decision on it, but saying, “if it were rolled out”—let us ask a third party, not us or IPSA, to undertake a cost-benefit analysis to see whether it saves taxpayers money and provides them with value for money. Even if it does, and it may not, that is not good enough, however, so we recommend that a third party evaluate whether the system continues to meet the aims of the 2009 Act. Again, that is pretty uncontroversial: we simply, and perfectly reasonably, ask for information, and for an analysis and evaluation to be undertaken.

Recommendation 17(c) may have caused a little concern. During my discussions with the Leader of the House and others, there was some concern that it implies that Members should take control of the expenses system again and “decide” what IPSA does. May I just be absolutely clear, however, and ask Front Benchers to reflect on the fact that, if that were the argument, I have made it clear—including in the amendment that I attempted to table—that that is definitely not the intention? If a word is slightly out of place, I would just say that the report is not legislation but merely a set of recommendations, and I apologise on behalf of the Committee.

The recommendation states that, once the cost-benefit analysis has been completed and we are able to work out whether the taxpayer would get better value while accountability, transparency and everything else are maintained, the House should express its opinion, which I imagine would be in the form of a motion or an early-day motion, stating: “In the opinion of this House, we think this piece of work is jolly good and IPSA should think about it.” We would not be overruling IPSA—nothing of the sort; it would be another recommendation in a report, and that would be it.

Public Disorder

Daniel Kawczynski Excerpts

Thursday 11th August 2011 Commons Chamber

[The Prime Minister]

Of course, I do not accept that, but I do accept what the hon. Gentleman says about the Union. It is important that forces come to each other’s aid, and if there were problems in Scotland, English forces would do the same thing.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

Many of my constituents in Shrewsbury have watched in horror the events in some of our cities, and they have written to me overwhelmingly to ask when we will have tangible and enforceable penalties for parents who do not discipline their children.

[The Prime Minister]

As I said earlier, there are parenting orders. They can be used, they can involve parents paying quite hefty fines, and I very much encourage their use at this time.

Public Confidence in the Media and Police

Daniel Kawczynski Excerpts

Wednesday 20th July 2011 Commons Chamber

[The Prime Minister]

The police must absolutely do that. They know that that is what everyone in this House wants and what the country expects. They now have a properly resourced police investigation, it is under new leadership, and we all wish them well with what they are doing.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

One group of people that we have not discussed today is the hugely powerful trade union bosses, who have an extraordinary influence over the Leader of the Opposition. Will the inquiry look into their contacts with Rupert Murdoch and his organisations?

[The Prime Minister]

I think it is ingenious, after 136 questions, to come up with something entirely new, so I pay tribute to my hon. Friend. I am sure the judge will be able to look at all vested interests and the power that they wield in our country.

Phone Hacking

Daniel Kawczynski Excerpts

Wednesday 13th July 2011 Commons Chamber

[The Prime Minister]

I apologise to the hon. Gentleman. That consultation simply was not possible in the time that was available to us. Let me stress, however, that these are draft terms of reference. In the end the judge must be comfortable with them and agree to them, but if the hon. Gentleman wishes to raise devolved issues with the Government and the judge, I am sure that we can ensure that that happens.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

Some people find it difficult to sue newspapers that have lied about them because of the complexity and cost that that would involve. I hope the Prime Minister can assure me that the inquiry will look into how people on low incomes can be supported so that they can sue newspapers when they have been lied about.

[The Prime Minister]

Obviously one of the things that the inquiry will have to look into is how people can obtain redress from newspapers when they have been wronged. That has been looked into for many years, but the problem is that Governments have not acted. I believe that part of the solution is an effective regulatory system. If people end up having to sue a newspaper, things have gone too far. It ought to be possible to obtain proper redress through a regulatory system that has not just the confidence of the press but the confidence of the public: I think that is the key.

Volunteering Bill

Daniel Kawczynski Excerpts

Friday 10th June 2011 Commons Chamber

[Mr Chope]

Perhaps it is my fault, Madam Deputy Speaker, for sitting right at the back so that others have to turn around. Nevertheless, I am grateful for the interest that the debate is generating among my hon. Friends.

My hon. Friend is absolutely right to emphasise the importance of responsibility. The Minister for Equalities, who has been dealing with the Protection of Freedoms Bill in Committee, has made it clear on a number of occasions that the ticking of boxes cannot be a substitute for people taking responsibility for their charges or for volunteers who should be under their supervision and control, and whom they are responsible for recruiting.

Why have we suddenly got into the situation whereby it is thought necessary to have a Criminal Records Bureau check for tens or hundreds of thousands of volunteers? I examined the coalition agreement after the general election and saw that we were promised the Protection of Freedoms Bill. That has now come forward, but I am not sure that it goes far enough in introducing simplicity and common sense. There is a lot of talk about common sense and, indeed, “A Common Sense Approach” is the title of the report carried out for the Government by Sunita Mason, the independent adviser for criminality information management, on the impact of the vetting and barring system on volunteering and other activity. She recognised that there was far too heavy a hand in relation to all this, but I am not sure that the solutions that the Government have come up with in their Bill are not still unnecessarily complex.

We know that 95% of people who have CRB checks are cleared. An individual knows whether they have a criminal record, so they should be quite capable of signing a declaration of whether they do. If they do not, and they sign a declaration to that effect, on the face of it that should be sufficient evidence that they are a fit and proper person to engage in volunteering activity.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

I totally agree with the sentiment that my hon. Friend is outlining, but I very much hope that his Bill will also explain how volunteers can navigate through all the health and safety red tape that has been put into place over the past 13 years. A lot of people in my constituency are put off voluntary work because of the inordinate amount of health and safety regulation and the tick-box mentality that they have to go through in order to volunteer.

[Mr Chope]

The subject that we are discussing at the moment is the need for people to get a criminal record check before they can even have their application considered, and that is one of the biggest deterrents to volunteering. I do not know whether my hon. Friend has had the chance to read the text of my Bill, but my approach to Friday Bills has always been, as far as possible, to keep them simple. Like most of my Bills, this one is on one side of paper. It basically proposes the fit and proper person certificate as a substitute for a CRB check, which takes time—many weeks—and costs money. The price has gone up to £44, and somebody must pay for that.

United Nations Security Council Resolution 1973

Daniel Kawczynski Excerpts

Monday 21st March 2011 Commons Chamber

[The Prime Minister]

I will make some progress, and take a few more interventions before the end.

There are also some who say we are just stirring up trouble for the future. These people say that Arabs and Muslims cannot do democracy and that more freedoms in these countries will simply lead to extremism and intolerance. To me, this argument is not only deeply condescending and prejudiced, but is utterly wrong and has been shown to be wrong. Let us remember that people made this argument about Egypt only a short month ago. They said that the departure of Mubarak would lead to a dangerous vacuum in which extremists would flourish. Of course, I deplore—and the House will deplore—the attack on Mohamed e1-Baradei at a polling station, but the overwhelming picture from Saturday was one of millions of people queuing up patiently and proudly to exercise their democratic rights, many for the first time. As democrats in this House, we should applaud what they did.

Inevitably, information about the Libyan opposition is not complete, but the evidence suggests that it consists predominantly of ordinary Libyans from all walks of life who want freedom, justice and democracy—the things we take for granted.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

Should the Gaddafi regime finally be toppled, will the Prime Minister assure us that his Government will do everything possible to help the Metropolitan police to conclude their investigations into who killed PC Yvonne Fletcher?

[The Prime Minister]

My hon. Friend, who has considerable expertise and has taken a great interest in this matter, makes an important point, which is that if the Libyan people choose a new future for themselves and their country, there might be huge opportunities to find out not only what really happened to PC Yvonne Fletcher, but about the support for Northern Irish terrorism that did so much damage in our country.

People will be rightly concerned that we should have a clear plan for what happens next in Libya—both in humanitarian terms, and also politically and diplomatically—following the successful conclusion of the no-fly zone. On humanitarian issues, the UK was one of the first to respond to the humanitarian needs arising from Gaddafi’s actions. We provided tents and blankets from our stores in Dubai for the thousands of migrant workers crossing the borders to escape the regime’s violence. We were the first country to provide flights to enable 12,000 migrant workers to return to their homes. This timely assistance prevented what was a logistical emergency from becoming a humanitarian crisis. The International Development Secretary announced last week that we will now support the International Committee of the Red Cross to deploy three medical teams. They will help to provide both medical assistance to the 3,000 people affected by the fighting, and food and essential items for 100,000 of the most vulnerable. From the beginning, we urged the United Nations to lead international pressure for unfettered humanitarian access within Libya. We are now planning for new humanitarian needs that may emerge as a result of the conflict.

--- Later in debate ---

[Katy Clark (North Ayrshire and Arran) (Lab)]

It is a pleasure to follow the hon. Member for Bracknell (Dr Lee), who correctly highlighted the importance of energy policy to all the issues that we are discussing.

I welcome the fact that debate is taking place today and that there is to be a vote. The traditions of the House have often meant that there have not been parliamentary votes on such matters. I would have preferred a vote to have taken place before troops were deployed, even if it meant the House convening on a Saturday. We need to consider that for the future. However, it is clear that there will be a full debate today, and there was a statement on Friday, when many aspects of the issue were discussed.

I have found the issues very difficult. I am disappointed that the amendment tabled by my hon. Friend the Member for Islington North (Jeremy Corbyn) was not selected, as it highlights some of the matters that concern me. Yet again, arms that have been supplied by British companies are being used against people internally by tyrants, and weapons that British companies have sold to Libya will probably be used against our own troops. We need to review that again and look at our policy on the arms trade,

The Arab world is going through revolutionary change, with uprisings in country after country, and we must look at the issue in that context. I of course support all those struggling for democracy and against tyrants and have always been appalled by the actions of Gaddafi. I fully understand the unwillingness to stand aside while the innocent are being slaughtered and so have every sympathy with those who feel that we must intervene. However, I have concerns about what we will actually be supporting the Government to do if we vote in favour of the motion. That is partly because the conflict is taking place in north Africa and previous interventions in that part of the world, including the middle east, have been very difficult for the west and inspired huge amounts of hatred towards it. The debate might be quite different if the conflict was taking place in a different part of the world.

I am also concerned because I genuinely fear that we might be entering what could be a long war. The wording of the UN resolution is very wide, and the reference to “all necessary measures” in some ways gives a blank cheque to the powers taking action. In other ways, however, it probably does not give those taking action the ability to do what they really need to do in Libya. We could easily end up being involved in a very long conflict but with Gaddafi remaining in power.

Although I find the issue difficult and think that there are many potential difficulties, as has been highlighted by colleagues on both sides of the House, I think that the key to the decisions we take over the coming period must be our relationships not only with Arab states, but with Arab peoples. Like many colleagues, I am particularly interested in what the Muslim and Arab communities in this country are saying at the moment and what Arab states and peoples will be saying over the coming period. In my short contribution, I wish to encourage Members on the Treasury Bench to listen to the messages coming from the middle east and north Africa, which should be taken on board when key strategic decisions are made.

I have deep concerns about this action and particularly about how long this war might last. We must look at it in the context of the war on terror. My fear is that if we continue with military action, particularly if it is conducted over an extended period by western powers, we might be giving ammunition to the fundamentalists in the middle east and the Arab world whose values are very different from those held by us in this House.

[Daniel Kawczynski]

Immediately after the 1986 bombing of Tripoli there were an estimated 12 coups against Colonel Gaddafi. He is deeply despised by the Libyan armed forces. Does the hon. Lady not share my confidence that, given an equal footing and western intervention, he will soon be toppled by his own people?

[Katy Clark]

I welcome the hon. Gentleman’s contribution and very much hope that he is correct. We must be very alert to the extent to which what we are seeing in Libya is a genuine uprising by all the people or a civil war. When we look at what has happened in Iraq in particular, and also in Afghanistan, we will see that many in the west do not understand the tribal loyalties, but we must be very alert to them.

I have deep concerns about what is happening and very much hope, as the hon. Member for Shrewsbury and Atcham (Daniel Kawczynski) has indicated, that it will lead quickly to the overthrow of Gaddafi. Like many people in this country, I am concerned that that might not be straightforward, because previous conflicts have not been. There will be serious political and financial implications if the House decides to endorse the Government’s motion. Domestically, we are seeing huge cuts in public spending, including spending on military equipment. We need to think carefully about the extent to which our constituents will feel that a long and expensive war, which follows on from previous conflicts, is something that they will support Parliament in pursuing. It is important that we take all those factors into account. I welcome the fact that this debate is taking place and that the Government are putting resources into looking at what is happening in the region, but I have concerns that, even if those taking the decisions do so with the best intentions, there might be consequences that we will live to regret.

Parliamentary Voting System and Constituencies Bill

Daniel Kawczynski Excerpts

Tuesday 15th February 2011 Commons Chamber

[Chris Bryant]

I am afraid I completely disagree with the Minister’s interpretation of events over the past few months. I wholeheartedly congratulate their lordships on the process they have engaged in, and I make no apologies for the fact that Labour MPs have been holding the Government to account in this House, or for the fact that in the House of Lords there are people who were elected previously and who are able to bring a degree of expertise to the debates when discussing elections.

I note that yesterday Sky News was reporting that the Prime Minister, David Cameron, would take revenge on Labour peers. Bring it on. In legislation on the reform of the national health service, the reform of schools and public services that everybody depends on, Labour peers down the other end will do as robust a job as they have done on the Bill. If there was anything that showed that the Government have not been acting entirely in good faith, it is today’s programme motion, which allows only four hours for 104 amendments to be considered, including the time taken for votes.

I am not sure that my interpretation of what has happened is the same as the Government’s. I say to all hon. Members in all seriousness that I fear that many Members who end up voting for the Bill will regret the day that they did so. The Government have bulldozed their way through every convention so far, ludicrously combining two pieces of legislation that should never have been in one Bill—only because that was a way of keeping the coalition together—pushing forward with no pre-legislative scrutiny of a measure that had no electoral mandate, curtailing debate in this House, for the first time ever threatening the guillotine in the House of Lords, then packing the Lords with pliant new Conservative and Lib Dem Members every day and suspending all the normal rules in the House of Lords.

We will rue the way in which the Bill was pushed through and the legislation itself, because we are not legislating on the basis of long-term democratic health for this country, or on the basis of sound principle, but solely so as to meet the partisan needs of the coalition.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

The hon. Gentleman seems to be suffering from a certain amount of amnesia. When his party was in office in the previous Parliament, there was guillotining all over the place.

[Chris Bryant]

The hon. Gentleman sometimes suffers from amnesia himself. I was talking about guillotines in the Lords. It has been a fundamental principle of the constitutional settlement in this country that the House of Lords is a self-governing House and never has a programme motion.

When there was a Labour Government of just one political party, we never had a majority in the House of Lords. By virtue of how the Government are progressing at the moment, with a large number of new peers being appointed—117 since the general election—they are approaching the point at which they will have an absolutely majority in this House and the other House.

--- Later in debate ---

[Daniel Kawczynski]

The hon. Gentleman is being cynical. If the people of Acton Burnell, who are in my constituency, wish to remain there, they can feed that information through to me and I will put that view at the public meeting.

[Chris Bryant]

I am impressed by the hon. Gentleman and I am sure that all views expressed by anybody in his constituency should undoubtedly, at all times, be expressed solely through him. However, there is another version of democracy, whereby sometimes people disagree with their local Member of Parliament and might want to adopt a different position.

EU Council and North Africa

Daniel Kawczynski Excerpts

Monday 7th February 2011 Commons Chamber

[The Prime Minister]

I did have discussions with Baroness Ashton about this, it was also discussed around the table and I had a very good meeting with Hillary Clinton in Munich. Obviously, there are concerns that instability in Egypt will make progress on the middle east peace process more difficult, but I strongly believe that we should not take our eye off the ball and that we should keep the pressure up—that means pressure on both sides. It means pressure on Israel to make progress on issues such as settlements and pressure on the Palestinians to return to meaningful talks. Britain will play a very key role in this, and I commend Baroness Ashton for her work.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

Trade between the United Kingdom and north African countries has historically been lamentable; we are way down the list on bilateral trade compared with our European partners. Will the Prime Minister do more to make sure that UK Trade & Investment plays a leading role in helping British companies to increase trade with countries such as Tunisia and Egypt to support democracy there?

[The Prime Minister]

My hon. Friend makes a good point and the Foreign Secretary will be going to Tunisia later today. We want to have good trading relationships with those countries, but that should never be bought at the price of trading off our values. We should have had a clearer red line about what was and was not appropriate, but Britain has to trade itself out of recession and links with fast-growing countries all over the world are absolutely what we are trying to put together.

Fixed-term Parliaments Bill

Daniel Kawczynski Excerpts

Wednesday 24th November 2010 Commons Chamber

[Mr Straw]

I would like to have such faith. My faith in the Conservative party’s ability to pursue its own interests and survival and to consume other, minor parties—mainly ones beginning with ‘L’—is always high. My faith in the Liberal Democrat party’s ability to secure its own survival was never particularly strong and has completely plummeted following the coalition deal. Shortly after the election, a Conservative peer told me—literally licking his lips at the prospect—of how he would happily predict that the parliamentary Liberal Democrat party would go the same way as previous Liberal parties, once they had been embraced by the suffocating hug of the Conservative party, and disappear for a number of decades into oblivion. I am glad to see that the Parliamentary Secretary, Cabinet Office, the hon. Member for Forest of Dean (Mr Harper) is, if not quite licking his lips, smiling in approbation at the prospect.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

The right hon. Gentleman neglects to mention the Lib-Lab pact in the late ’70s, which I am sure he will remember, and that the Liberals got through unscathed.

[Mr Straw]

But the pact was not with the Conservative party. Sadly, in some ways, the Labour party is far less ruthless than the Conservative party when it comes to worrying about its own survival. I am happy to discuss the details and the highways and byways of the Lib-Lab pact, because I worked as a special adviser, as they were pompously called and, I think, still are, to the great Peter Shore at the time—and necessary it was, too. In those days, at least the Liberals had some sense of which side they were on, but they have abandoned even that idea since.

I shall speak specifically to amendment 4 in the name of the hon. Member for Stone (Mr Cash) and many of my right hon. and hon. Friends, which would delete clause 2(1)(c), the measure providing the two-thirds trigger for a Dissolution. The hon. Lady made a slip of the tongue that, as often with such slips, held a revealing truth. She talked of a motion of “no consequences”, rather than a motion of no confidence, and, apart from the fact that I object to the idea of special majorities in the House, it seems to me that the trigger is wholly redundant, unnecessary and, indeed, offends the role of the House in holding the Executive to account. Now that the Liberal Democrats and the Conservatives have had to abandon the completely naked idea of a 55% trigger, which would have enabled the most extraordinary circumstances to arise, they should abandon the provision before us, including the two-thirds trigger, altogether.

The provision was included in the Bill as a copy-out from sections 3 and 46 of the Scotland Act 1998. The Deputy Prime Minister first tried to make up the arguments for the measure on the hoof, and somebody pointed out to him that such a trigger existed in the 1998 Act. He suggested that it was a completely rigid trigger, and that the only way in which an election for the Scottish Parliament could be called was by a two-thirds majority of every MSP. Closer examination of sections 3 and 46 of the 1998 Act shows that that is simply not the case, however.

Section 3 does, indeed, provide for an early election if

“two-thirds of the total number”

of MSPs vote for one or, as subsection (1)(b) goes on to state, if

“any period during which the Parliament is required…to nominate one of its members…as First Minister ends without such a nomination being made.”

Under section 46, the First Minister’s nomination is by a simple majority. If it transpires that nobody in the Scottish Parliament can command a simple majority—in other words that no confidence in either party is declared and the Government in Scotland cannot continue—there is by virtue of that fact an election, and that is entirely right.