David Heath
Main Page: David Heath (Liberal Democrat - Somerton and Frome)Department Debates - View all David Heath's debates with the Leader of the House
(14 years, 6 months ago)
Commons ChamberAs this is the first time I have spoken while you have been in the Chair, Madam Deputy Speaker, I take the opportunity to congratulate you on your new position. I am delighted to follow the hon. Member for North East Derbyshire (Natascha Engel), who made a powerful and convincing case in favour of transparency in relation to the Back-Bench business committee, which I wholeheartedly endorse. I endorse also what she said about three former Members: Tony Wright, Evan Harris and Mark Fisher, who did so much to campaign for the committee and to bring it to fruition.
I am somewhat disappointed that we are discussing this today. The reason for my disappointment is that, in the previous Parliament, on 4 March, the House passed a motion saying that it looked forward to the House being offered the opportunity
“to establish, in time for the start of the next Parliament, a backbench business committee”.
We are several weeks into the new Parliament. Unfortunately, that was not done in time for the start of this Parliament. That was despite assurances from the right hon. and learned Member for Camberwell and Peckham (Ms Harman), who said:
“I can assure the House that we will bring forward the Standing Orders, and there will be an opportunity for the House to endorse them before the next election.”—[Official Report, 11 March 2010; Vol. 507, c. 433.]
She also said:
“I am under a duty and a responsibility to ensure that this happens before the next Parliament”.—[Official Report, 18 March 2010; Vol. 507, c. 986.]
Unfortunately, that did not happen, which is a great tragedy, but perhaps it should also serve as a salutary lesson for those of us in this House who are keen to see reforms progress in general—I suspect that that is most of the Members present in the Chamber—that there is not always an easy path to reform. It is therefore important that those of us who are reform-minded make sure we continue to campaign, rather than assume that everything will be fine just because the House has agreed to a motion on something or other.
I am, however, absolutely delighted that the Leader of the House and my hon. Friend the Deputy Leader of the House have introduced these motions so speedily in the new Parliament, and I think that goes some way towards making amends for the House’s inability to get things done before Dissolution. I am especially pleased to see my hon. Friend in his new post; he was made for it, as he has always been a staunch defender of Parliament, and, indeed, of Back Benchers. I know that all of us who are eager for reform to happen take great comfort from knowing that the Leader of the House and the Deputy Leader of the House are also very much reform-minded.
In terms of control of the business of the House, the proposals are indeed an historic transfer of power from the Government to Back Benchers. The new Government are passionate about decentralisation, and perhaps that decentralisation is starting at home. My comments will be highly supportive of the Leader and Deputy Leader’s efforts to make progress with reform, but I also want to tease out some issues that could be improved upon still further.
It is clearly excellent that the Back-Bench business committee will now be set up as a result of the motions laid before the House today, but there is still a slight concern about the number of days allocated, as I raised in business questions last week. The Wright report suggested 35 days for Back-Bench business. I understand that the Leader and Deputy Leader’s motivation for splitting the 35 days between this House and Westminster Hall is to enable proper scrutiny of legislation by allocating additional days to the Report stages of Bills. It has been a valid criticism of how Bills have progressed that they have not received proper scrutiny on Report and entire swathes of Bills have been left undiscussed on the Floor of the House. I understand the motivation, therefore, but I very much hope that at least amendment (a) to motion 4, which would insert a reference to 27 days into Standing Order No. 14, will be accepted. That would certainly go some way towards giving reassurance. [Interruption.] I am very pleased that that is the case.
There is another issue I wish to raise, and which I hope my hon. Friend the Deputy Leader will be able to address in his winding-up speech. I appreciate that these measures are about moving towards Wright rather than about the Wright reforms being implemented all in one go, so in respect of this agreement that there will be 27 days of Back-Bench business in the Chamber, will there also be a move towards increasing the number of days from 27 in the future? I hope my hon. Friend will be able to say something positive about that, as that would be very helpful.
Obviously, we are at the very beginning of a new Parliament with a new Government so the legislative programme is heavy, but perhaps as the Parliament continues there might be additional time on the Floor of the House for Back-Bench business. It is also worth looking at the innovative use of time to create room for Back-Bench business. For instance, Tuesday mornings and Wednesday evenings have already been mentioned in reference to private Member business.
The next issue I want to raise in respect of the Back-Bench business committee is to do with permanence. It has been suggested that its members should be re-elected every year, and that there should be a review of its progress and how well it is working in a year’s time. In some ways, that sounds very good. As a democrat, I like elections; and as somebody who likes to learn how we can do things better, a review might sound like a good idea. Taken together, however, these proposals cause a certain amount of concern, and there is a genuine danger that such a review might be used to try to get rid of the Back-Bench business committee, and that if the committee were seen as being too effective, annual elections might be used as an opportunity for the Whips to remove a particularly effective Chair.
One issue of pertinence in that regard is who will vote for the committee members. If the Government in effect have a block vote of more than 100 MPs, it will become very difficult for any candidate who is not supported by the Government to become the Chair of the committee. We recently elected the Chairs of Select Committees and the convention as originally recommended by the Procedure Committee was that Ministers and Parliamentary Private Secretaries of the relevant Department would not vote in the election of the departmental Select Committee Chair. Although this was not made explicit in the Wright report, I wonder whether it may be possible for the Government to take the same self-denying ordinance in voting for members of the Back-Bench business committee and its Chair. It does not seem unreasonable for the Back-Bench business committee, which represents Back Benchers, to be elected by Back Benchers. If that can be done, it might assuage some of the concerns about annual elections.
I also want to press my hon. Friend the Deputy Leader about the same issue on which I intervened on the Leader of the House: motion 3(1)(c). That is not only about the Chair of the Back-Bench business committee; it is about any candidate to become a member of the Committee. It clearly states that of the candidate’s nominations,
“no fewer than ten shall be members of the candidate’s party”.
That would exclude members of the Scottish National party, Plaid Cymru, the other minority parties and, indeed, independent candidates.
I am most grateful to my hon. Friend as she has, I think, spotted a defect in the proposals, but I have to say that it is not a defect in the proposals of my right hon. Friend the Leader of the House and myself; it is, rather, a defect in the proposals from the Wright Committee, which, unfortunately, was not spotted in the motion drafted by the Committee. I entirely accept what my hon. Friend says about the unfortunate effects of that, and I think we may want to look at it again. I hope, however, that she will accept our defence, which is that here we have religiously stuck to the recommendation and, indeed, the draft motion of the Wright Committee.
I am pleased that I gave way again to the hon. Gentleman, because he is spot on. That is what the issue is about. I hope that the House hears tonight that we have a meaningful contribution to make. My modest little amendment (e) is an attempt to address the issue. It aims to make sure that the minority voice is heard, as the hon. Gentleman says. It is about saying, “Let’s see what we can do to get the smaller parties of the House involved and on board.”
As I have said, there is no way that we would ever be considered for a place on the Back-Bench business committee; that is just not going to happen, and I hope that that will be conceded. We do not yet know how its members will be determined. I know that it will be through an election, but there will be some sort of mechanism or procedure to ensure that Labour, Liberal and Conservative Members are on it. That is 100% certain; I bet you any money, Madam Deputy Speaker, that there will be one Member from each of those three parties on the Committee. It is also almost entirely certain—again, I bet you any money—that there will be no Member from the minority parties on it. We have to change that; we have to ensure that that does not come to pass.
My amendment suggests that we increase the number of members of the Back-Bench business committee from eight to 16. Why 16, you ask, Madam Deputy Speaker? It is because that always seems to be the magic number at which we start to come into play.
The hon. Gentleman shakes his head; he may want to intervene. Sixteen is always the number at which there is at least a chance that we will be included. That is why I seek in my amendment to increase the number to 16.
It is good to get more Members involved. What is wrong with that? Why restrict the number to eight? I know that the Committee might get more business done that way, but the term “Backbench business committee” suggests that it should be full of Back Benchers. There should be lots of them involved, from Labour, the Liberals, the Conservatives, the DUP and the SNP. What is wrong with having a reasonable-sized Back-Bench business committee? Restricting membership to eight just does not make sense and I cannot see the reason for it. Surely there are loads of Back Benchers who want to be part of what could be a very exciting and promising Committee.
With good will—and the only reason we are here tonight is because there is good will, and the Government have provided time on the Floor of the House tonight for this debate—we can overcome all those problems and ensure that the Back-Bench business committee works. The prize of making the committee responsible and practical is not just topical and sensible debates in the House, but the next stage, which will mean a fully fledged business committee. If new members can help to achieve that, over the next two to three years, it will be an irreversible step in parliamentary history.
I said that this process might be a little demeaning. When a subject for debate is chosen by the Government—as it always is at present—we do not say that someone must come and explain to us why it has been chosen. We do not, although perhaps we should, get the Chief Whip to the Dispatch Box to explain—
Yes, but the Leader of the House explains the business on a Thursday. He does not have to get up before every debate and give a little reason or excuse for its subject matter. I accept that I am finding fault in a generally excellent set of proposals, but if I do not do so now, we could be stuck with the proposal that a member of the Back-Bench business committee must give an explanation before every topical debate, general debate and Adjournment debate. That is an onerous task. The Wright Committee expressed the view that every member of the Back-Bench business committee should play a part, so would the most junior member have to stand at the Dispatch Box to give a little trailer of what is to come? Would they be cross-examined by Members about why the committee did not pick an important constituency issue or why it neglected another vital issue? How silly! This is a piece of trivia that we should reject tonight. I hope that the Leader of the House, who has got so much right here, will not hang himself on a vote—whether he wins or loses it—on getting Back-Bench business committee members to explain why a particular subject was chosen, other than at business questions, as he does, where the committee chair would be available, as the Church Commissioner and others are during different question times, to chip in and answer questions, make sensible changes, and respond to requests. We would all like to see that.
We have had an extremely good debate. We have teased out a lot of the issues that relate to the establishment of the Back-Bench business committee and to the various proposals that we have put forward, which are in line with the Wright Committee proposals. There are some areas where the House will wish to take a view. There are others where there is a clear preponderance of voices, at least in the debate, in favour of what we have proposed.
I want to take a little time to deal with the issues that have been raised because they will repay further consideration. I will deal first with the right hon. Member for Doncaster Central (Ms Winterton). I am grateful for her general welcome for what we are doing. She asked some specific questions and she deserves specific answers. She asked whether there would be any impact on Opposition days. The answer is categorically no. The Standing Orders that relate to Opposition days are not to be changed, so there is no change to the present position. She asked me to confirm whether there will be substantive business to address in September and pointed out that we have recently had several general debates—which, in fact, I think the House has welcomed. I think it is equally fair to say to her that we are in the immediate aftermath of the Queen’s Speech and it is necessary to get legislation right. One of the commitments we have made as a Government is not to present to the House legislation that is not in a fit state to be considered by it, because we felt that that was one of the failings of the previous Government. Very often there were subsequent amendments at later stages in a Bill’s progress simply because the preparatory work was not done. I repeat again, however, that it is our intention to bring substantive business before the House in September, if the House agrees to meet in September, which is subject to a decision this evening.
The right hon. Lady was intervened on by her party colleague the hon. Member for Midlothian (Mr Hamilton), who made the valuable point that we need to get the entire parliamentary calendar right. In respect of this evening’s motions, we are talking about what we will do in September this year, but I am perfectly well aware that there are Members on both sides of the House who will want not only a degree of certainty about the future calendar of the House, but to express their views and concerns about their family circumstances, such as Scottish school holidays not coinciding with English school holidays. It is right for the House to consider that, and I hope we will be able to consult widely on what ought to be the future shape of the parliamentary calendar and bring back proposals that try as far as possible to accommodate the various different interests of Members of all parties.
The right hon. Lady asked about the costs of bringing the House back in September, and that point was strongly supported by the hon. Member for Sheffield South East (Mr Betts). He has expertise in this area, and I am grateful to him for his comments because he perfectly sensibly set out possible difficulties with a September sitting. I remember the last time we tried September sittings, and I do not think the arrangements behind the scenes lived up to the expectations of the House. In fact, I would go further and say that there was a suspicion that in some cases the maintenance that took place was planned to cause the maximum disruption to Members during that September sitting, rather than the minimum; that was certainly the way it seemed. I accept, however, that this is a difficult and complex building, and that it has to be maintained properly. We must take careful note of the hon. Gentleman’s quite proper warnings that if we are going to meet regularly in September, we have to organise House maintenance and other works around that, and that we need proper forward planning to achieve that and we need to do so on the basis of proper advice. Those are perfectly sensible points.
On the specific point about the maintenance contracts, the right hon. Lady will recall that Mr Speaker wrote to all the parties following the decisions in February and March indicating that the House may wish to sit in September and saying that the possibility of September sittings would be taken into account in the organisation of contracts. I hope that that will be the case and that any disruption to those contracts will be kept to a minimum.
On the costs of a September sitting, I should point out that of course it costs the same for Members to sit regardless of the time of year. The total number of days that we are sitting is the relevant factor, not the dates on which we sit.
As the hon. Gentleman acknowledges, cost is an important issue, particularly with regard to maintenance and forward planning. When he looks further into this for future years, will he ensure that the Officers are allowed to produce their advice independently and that it goes to the appropriate Committees, and also that all Members of the House have access to the advice that is given about the costs and the advisability of postponing maintenance programmes and not carrying them out properly as Officers advise that they should be carried out?
Is the Deputy Leader of the House aware that radical and far-reaching repairs need to take place in the basement of this place, where high pressure steam calorifiers are located right next door to very high voltage electrical cables? That is so much the case that I understand that in the previous Parliament the House of Commons Commission even considered whether there would be a need to move out of this building. Has he taken that into consideration in these proposals?
I am grateful to the hon. Gentleman for that intervention. I can say only that the House of Commons Commission is considering this. As I say, I am not a member of that body, but I would not be putting forward this proposal today—I should remind hon. Members that it is one of the things that the Wright Committee asked us to put before the House— if we felt that there were impossible hurdles to cross this year. However, this matter may be something that we need to consider in future years.
I wish now to deal with the points made by the hon. Member for Wellingborough (Mr Bone)—they were also reflected in the comments made by the hon. Member for Edinburgh North and Leith (Mark Lazarowicz)—about the important matter of private Members’ Bills. The hon. Member for Wellingborough rightly drew attention to what I had said on a previous occasion when he tabled a similar amendment. He quoted me, so may I quote myself? That is always an invidious thing to do but as he quoted me, I shall quote myself. He said that I had said that “perhaps there should” be a change in Standing Orders. I stand by that comment—perhaps such a change should be made—because I want us to do a much better job of dealing with private Members’ Bills.
We do not do a good job on these Bills at the moment and the process contains procedural hurdles that are absurd, and are seen as such by our constituents. Far too often, excellent measures that are introduced by individual Members do not make it to the statute book, despite substantial support in the House, simply because of the way the system works. I am therefore delighted that the Chair of the Procedure Committee, the right hon. Member for East Yorkshire (Mr Knight), has volunteered that his Committee will examine this as an early matter of priority. It is essential that the Committee does so and I hope that it will make proposals. I also hope that the issue of how many Fridays are made available will become redundant because we will have so improved the way we manage private Members’ legislation that Fridays are not the crucial factor in deciding whether we make progress.
Given the comments that the Deputy Leader of the House has just made and those made by Opposition Members, I accept that this is not about the number of Fridays, but about the quality of debate on private Members’ Bills and how we put them through this House. Given what the Deputy Leader of the House said, and given this happy frame of mind that we are in tonight, I shall not press my amendment to the vote.
I am delighted to have satisfied the hon. Gentleman in his quest; we are making progress.
I am grateful to the hon. Member for North East Derbyshire (Natascha Engel) for her comments. She has made it perfectly clear throughout that she was a member of the Wright Committee who did not agree with all its proposals. She has taken a proper position. She had a minority view, she has expressed it and she has been consistent in her position. She amplified that a little by raising specific issues in tonight’s debate, so I shall deal with them. She asked whether members of the public will be excluded from the meetings of the Back-Bench business committee and indeed whether Members of Parliament who are not members of that committee will be allowed into the meetings to hear the deliberations. The rules that will apply will be the same as those for any Select Committee. I genuinely think that it is not for a Minister of the Crown to tell the Back-Bench business committee how it should undertake its role. However, I hope that it will consider, carefully and early on, how it will manage its business, and in what circumstances it will have open meetings and in what circumstances it will not, in the same way as Select Committees across the House do. She has raised an important issue, and it is a matter that the Back-Bench business committee—if we constitute it—will need to consider.
The hon. Lady asked about the party political make-up of the committee and whether seats would be allocated in the same way as for normal Select Committees or whether the system would be entirely open. As she knows, a formula reflecting the composition of the House is generally used, and it is intended that that formula will be used to determine the make-up of this committee. However, there is an issue of how we accommodate the minority parties in the Select Committee process, and I shall come later to the points made by the hon. Member for Perth and North Perthshire (Pete Wishart).
The hon. Lady also asked whether a Chair of another Select Committee could stand for election as chair of the Back-Bench business committee or one of its members. Nothing in the proposed Standing Orders would preclude that, but she raises an important point. It would be extraordinarily bad practice if a Chair of another Select Committee stood for election to the Back-Bench committee because their membership would inevitably raise the suspicion that that Member’s Select Committee had enhanced access to the business of the House. I would hope that that would not happen, so I strenuously urge those hon. Members who were lucky enough to be elected as Select Committee Chairs not to put themselves forward for the Back-Bench business committee.
My hon. Friend the Member for East Dunbartonshire (Jo Swinson) made an excellent contribution to the debate. She emphasised the frustration that we did not get the committee up and running before the general election. The previous Government failed to give us the opportunity to make the necessary changes to the Standing Orders, so I am proud of the fact that, in the first week following the conclusion of the Queen’s Speech debate, the House is determining the matter—that represents excellent progress.
My hon. Friend emphasised the need for a minimum of 27 days’ Back-Bench business in the Chamber and, as my right hon. Friend the Leader of the House said, we are happy to accept amendment (a) to motion 4 because that was always our intention. She also asked whether further progress could be made, including on the innovative use of time. I hope that we can find innovative ways of using time more effectively, and of course we firmly intend to move to a House business committee within three years. That will mean that we have a totally different way of managing the House’s business, which will be a good thing.
I think I have already dealt with my hon. Friend’s point about private Members’ Bills. She also said that the Wright Committee had further ideas that she would like to see progressed, such as some about public engagement. I agree that the Committee made further excellent suggestions. We have not lost sight of them and hope to come back to them in the future.
Given the assurances about private Members’ Bills that we have heard from my hon. Friend and from the Chair of the Procedure Committee, I will not press amendment (b) to motion 4 to a Division. However, my hon. Friend has not answered my question about whether Ministers will vote on the membership of the Back-Bench business committee, or whether they will follow the self-denying ordinance that applies to elections for Select Committee Chairs.
My hon. Friend is right that I did not respond to that question. I will take her points back to my colleagues in government because there is clearly an argument that, as she says, it should not be for the Government to elect those who serve on the Back-Bench committee. That issue is not specifically addressed in the motions, but we ought to listen carefully to her point.
I congratulate the hon. Member for Chichester (Mr Tyrie) on his election as Chair of the Treasury Committee. He was absolutely right to say that we are lucky to have such an enlightened Leader of the House. He likened the relationship between the Leader of the House and the Chief Whip to that between Esau and Jacob, although I am not quite sure who is in possession of the mess of pottage. He is right to say that the Government’s attitude is to bring forward proposals for modernisation and then to take them forward. It is about not just paying lip service to an idea, but actually making it happen, which is what we are doing this evening.
The hon. Gentleman talked about the representation of minority parties, and of course that was the main thrust of the argument of the hon. Member for Perth and North Perthshire. Wright has something to say on the subject. The Wright Committee report says:
“Members in individual cases can be added to specific committees to accommodate the legitimate demands of the smaller parties.”
I repeat to the hon. Member for Perth and North Perthshire that my right hon. Friend the Leader of the House and I are absolutely determined to find ways to make sure that the minority parties are properly represented in the Select Committee system. I have to say to him that enlarging the Committees beyond the size that Wright recommended and that the Liaison Committee wanted is probably not the way to do it. We have to find an alternative way of accommodating his request, but my door is certainly always open to him and his colleagues, so that we can discuss the matter further and make sure—with, I think, a degree of dispatch—that something happens.
The hon. Member for Nottingham North (Mr Allen) made the point that the Wright Committee suggested having an added Speaker’s Member on Select Committees. Unfortunately, the Committee did not make that a recommendation; I wish that it had, because it would have made our life a little easier when dealing with this difficult problem.
The hon. Member for Stone (Mr Cash) raised the issue of European business—no surprise there, perhaps—but it is specifically mentioned in the motions as “government business”. Indeed, in the second report of the Wright Committee, the draft Standing Order changes specify that that should be the case. Of course, when we have the House committee, we will be able to enter into the sort of partnership arrangement suggested, and we will be able to make sure that those matters are dealt with properly. I have to say that I was a little put off by the hon. Gentleman accusing me of sophistry in my approach to annual elections; I had not said a word on the subject. I must have given him a sophistical look at some stage. I will deal with the issue of annual elections in just a moment.
I look forward to the hon. Gentleman’s remarks on the committee’s annual nature, given that every other Committee runs for five years. We started off with the possibility of 10 Divisions tonight, but because of the generosity of Members in all parts of the Chamber, and because of the strength of the replies from the Front-Bench team, we are now down to five Divisions, virtually all of which refer to the question: why should the committee not have a life of more than one year? Why is it on probation? If the hon. Gentleman can give us some satisfaction by saying that he will take the issue away and look at it seriously, and not press the proposal tonight, we may all get home a lot quicker than we would if there were five Divisions.
I was about to say what a huge contribution the hon. Gentleman had made to the debate not just this evening, but over the past few years in which he has pressed the case for reform. That is appreciated. He, among others, has been making sure that we are true to our word on many of these subjects. We have already agreed that we will accept his amendment (a) to motion 4 on the issue of the 27 days. I will go further: having listened to what he and the right hon. Member for Oldham West and Royton (Mr Meacher) said, we are prepared not to press forward this evening with the proposal for the introductory statement. We hear what they say, and we will accept the relevant amendment on that basis.
As far as the one-year election is concerned, that is a suggestion that puts the Back-Bench business committee into the hands of Back-Bench Members, making it accountable to them. It may be that Members do not want to have the committee in their hands; they may wish to have a one-off election and not review the matter, but it is right that the House has the decision. That is not a matter for the Government and Ministers; it is for the House to decide whether it believes that the proposal is a useful introduction. I am happy for the House to have its say on the matter.
To recap, we will not move motion 13. We will accept amendment (a) on 27 days tabled by the hon. Member for Nottingham North and the amendments on the introductory statement. Annual election is a matter for the House to decide. On private Members’ Bills, I hope we will make rapid progress in improving the situation. We need to address the representation of minorities as a matter of urgency. September sittings are, again, a matter for the House.
We have not in any way resiled from the spirit of the Wright Committee recommendations, but we cannot treat them as holy writ because, as in so much of holy writ, there are occasionally internal contradictions. There are competing pressures. The House would not thank us if we made sure that there were no end of general debates on the Floor of the House, but we had no time, for instance, for Report stage of important Bills. We have tried to be practical about it, and I hope we have succeeded in that intention.
I very much welcome the tone of the Deputy Leader of the House and the progress that we have made tonight on private Members’ Bills, but given that some of the impediments have come not from here but from another place, can we assume that discussions are taking place?
I am happy to give that assurance. We need to look at the matter in the round.
It has been a frustrating pathway to reform. Sometimes there has seemed to be little movement, but we have an opportunity this evening, and I am particularly pleased that so many new Members will have the opportunity to participate in the decision. Usually, when we talk about historic days in the House of Commons, the expression is overblown, but I genuinely believe that this evening is an opportunity to change the relationship between the Executive and the legislature. If right hon. and hon. Members believe in Parliament and in a strong legislature, if they believe that a strong Parliament leads to stronger government, they will support the proposals on the table this evening. I commend them to the House.
I must now put the Questions necessary to dispose of proceedings on motions 2 to 15 and selected amendments which may then be moved. I will go through the motions in the order in which they stand on the Order Paper, dealing first with selected amendments to each such motion.
Amendment proposed to motion 2: (e), in paragraph (2), leave out from “and” to end of line and insert
“fifteen other Members, of whom eight”.—(Pete Wishart.)