(10 years ago)
Commons ChamberIt is difficult, and as the right hon. Gentleman probably knows, the common law offence of misconduct in public office has been subject to scrutiny over recent years. Indeed, the Law Commission is studying it right at this moment to see whether it could be put on to a statutory basis, which might provide a better definition. Curiously enough, however, one of the attractions of the offence for this purpose is its lack of definition, because all I am trying to do is define the things that fall short of fraud, assault and battery or whatever, but that nevertheless clearly constitute improper behaviour in the conduct of a Member of Parliament.
What I am seeking to do is put the matter in the hands of the public, not MPs, so that there is a third trigger in the process. I am trying to ensure an objective test, which is applied in two ways. First, misconduct in public office is a recognisable offence. Notwithstanding what the right hon. Member for Rother Valley (Kevin Barron) said, it is one that the English courts understand—I will come back to the problem with the other jurisdictions in a moment. Then, using a court that is understood—the election court, which is established under the Representation of the People Act 1983, which provides for two High Court judges in England and Wales, two judges of the High Court of Northern Ireland or two judges of the Court of Session in Scotland—the matter would be assessed.
That would put Members of Parliament in the same position as other public servants, which is an important signal in itself. Notwithstanding the need for protection under the Bill of Rights, I do not see why we as Members of Parliament should not be in a different position from other public servants in other respects. I have also drafted my amendments so as to automatically provide a filter for claims that are trivial, vexatious or clearly simply party political in nature, rather than genuine claims of misconduct.
What are the difficulties with my proposal? There are two really big drafting difficulties that I encountered in trying to put it together. I think I am reasonably adept at drafting parliamentary amendments, but I have to say that these were significant problems. One problem is exactly the point that the hon. Member for North Down (Lady Hermon) made. We are talking about English common law and there is not a directly comparable offence of any kind in Scotland. I looked in vain for a common law offence in Scotland, and the nearest I could find was breach of duty, which is not the same as the common law offence in England. That is why there has to be a slightly, I would say, circumlocutory approach—perhaps that is not the right expression, but it is certainly complex—in that the courts would be asked to adjudicate on the offence as though it were committed in England, irrespective of where it was committed by the Member. I accept that that is a difficulty, and I would like better constitutional lawyers than I am to have a look and find a more elegant way of achieving the same objective.
It seems to me that there is another problem. The Crown Prosecution Service says clearly in its guidance on misconduct in public office:
“The suspect must not only be a ‘public officer’”—
not as straightforward to define as it seems—but that
“the misconduct must also occur when acting in that capacity.”
When does an MP act in the capacity of an MP except when proceeding in Parliament, which is the one thing that the hon. Gentleman wants to preclude?
That is another precise difficulty in the drafting that I foresaw. If the hon. Gentleman looked at my new clause—there are so many tabled in the name of the hon. Member for Richmond Park (Zac Goldsmith) that I cannot find it at the moment. [Interruption.] Yes, new clause 7, which states:
“The court may consider such conduct whether or not it is committed in England and Wales, and whether or not it is committed directly in carrying out the office of member of parliament.”
In other words, it deals with the Member of Parliament irrespective of that hazy definition of what the terms of contract of MPs are. I accept that this is a difficulty, however, and I do not want to pretend anything other than that these are difficult issues. I hope the Committee will accept that this is a genuine attempt to find a solution to a very difficult problem.
(12 years, 3 months ago)
Commons ChamberI will do my best, Mr Speaker. I ought perhaps first to apologise for the absence of my right hon. Friend the Leader of the House who, as some Members will know, is in his constituency for the arrival of the Olympic torch today.
I thank the Procedure Committee for its work on the issues and the Government will respond to the issues that are not covered by today’s motions in due course. I can also confirm that the motions before the House do not cover changes to Standing Order No. 14, on the arrangements and timing of public and private business, but we will bring forward consequential amendments if the House decides to change the sitting times.
I also want to make it clear that the Government have not taken a position on the changes to the sitting days of the week, as these are matters for the House and each individual Member’s preference, including that of members of the Government. We welcome the starting point, which involves maintaining the current number of sitting days and the present pattern.
There is one proposition on which the Government have a strong view, however, and that is September sittings. We remain of the view that the House should continue to sit in September for precisely the reasons mentioned by the hon. Member for Walsall North (Mr Winnick). I believe that Ministers should be held to account by this House and that a long break in the middle of the summer does the House’s reputation and its ability to scrutinise Ministers no good at all.
Some of us have been campaigning for a long time for private Members’ Bills to be moved from Friday mornings to Tuesday evenings because it would be a good idea if more Members could see their legislation not being dealt with capriciously but being allowed to enter on to the statute book. That would also require the Government, on occasion, to allow more than one Committee to sit on private Members’ Bills. Will the Government commit to do that if the House changes the rules?
That is a curious intervention to make when I was talking about September sittings. I shall now move on to the days of the week, but let me just mention the fact that European scrutiny requires us to sit in September, too, if we are to make an effective job of it.
Let me now deal with the days of the week and make a few observations on the effects. On the question of an earlier start on Monday, as a west country Member of Parliament I share the views that will be expressed by many about the difficulties that might entail. We must be very careful not to make arrangements based on the interests of those who live within the M25 while ignoring those outside it. In passing, let me point out that changing the times for Mondays would also change the start time on Tuesdays and Wednesdays after recesses when they are the first day back.
I think the most contentious issue is the sitting hours for Tuesday and I hope I will not alarm the press if I say that there is a division of opinion between me and my right hon. Friend the Leader of the House on that question. He favours a change and I do not. I do not because of the arguments that have already been made about the difficulty in reconciling the priorities of Members of the House if we make that move. That was my experience when we last experimented.
(12 years, 3 months ago)
Commons ChamberI do not believe that he has, but that is an argument to which we can return in Committee.
The hon. Member for Winchester (Steve Brine) compared the Deputy Prime Minister with Andy Murray. I think that, if anything, he is more like Jonny Marray, in that he is a champion doubles partner, and on that basis the coalition has been succeeding.
Let me now deal with what I think is one of the most important issues on which we shall have to reach a conclusion tomorrow. There are those, predominantly in the official Opposition, who will vote for the end but not for the means, namely the programme motion. I have long argued, as has my right hon. Friend the Leader of the House, that programme motions should, wherever possible, be arranged by agreement. They should be for the convenience of the House: they should enable debate, not restrict it. That is the way in which we have managed things in this Parliament so far.
I repeatedly asked the right hon. Member for Tooting (Sadiq Khan) how much more time he wanted. He has 10 days for the Committee stage in addition to the two days for Second Reading and the two days for Report, 14 days in all. I asked him repeatedly how many more days he wanted, but answer came there none. The Opposition cannot say how many days they want, because they decided to vote against the programme motion before it had been published or even suggested. I believe that 14 days out of a total of 88—only 88 days are available to the Government for legislative business during a whole year—are sufficient. If the right hon. Gentleman has a proposal, let him come up with it; but if, as I suspect, he has no proposal whatsoever other than a determination to oppose, he is doing his own argument a great disservice.
The hon. Gentleman just said that his fundamental principle was that a programme motion should be allowed only when it was for the convenience of the House. If he has not learned from today’s debate that this programme motion is not for the convenience of the House, should he not withdraw it?
I think that that remains to be seen, but if we are still on clause 1 after 12 days, the House will not have done the Bill justice in its scrutiny.
I have no doubt that the tomorrow’s debate will be argued just as keenly as today’s. I think, and the Government think, that this measure is long overdue, and the polls show that the British public want it. It puts into effect the modest proposition that those who make our laws should be elected by our people, and I commend it to the House.
(12 years, 6 months ago)
Commons ChamberI beg to move,
That at the sitting on Tuesday 1 May—
(1) the House shall sit at 1.30 pm;
(2) there shall be no sitting in Westminster Hall; and
(3) the Speaker shall not adjourn the House, if a Message from the Lords Commissioners is expected, until that Message has been received.
All good things must eventually come to an end, and this extraordinarily productive Session of Parliament is no exception to the rule. The motion before us is quite usual in the run-up to Prorogation to facilitate the meeting of the House as it comes to the end of the Session. The first part of the motion sets out the time that the House shall sit tomorrow. Of course the House would normally sit at 2.30 pm on a Tuesday, but it is quite usual when the House is meeting to prorogue that it meets earlier than usual. Perhaps the proposed time is slightly later than would be normal in these circumstances. The reason for that is that the other place is debating the Joint Committee report on House of Lords reform on Tuesday morning and, as Parliament prorogues as a whole, the proposed time at which we are sitting reflects the negotiations in the other place to conclude the debate on the subject which began there today.
It is also in accordance with the past practice of arrangements for Prorogation to cancel the sitting in Westminster Hall, and paragraph (2) of the motion achieves that aim. It is unfortunate for Members who were successful in the ballots that their debates will not take place. Also, it is quite usual at the end of the Session that some scheduled business has to fall, once the House sets the time for Prorogation. I hope those hon. Members will be successful in securing debates early in the next Session.
By the time of Prorogation, we will have sat for a total of 290 days in this Session.
As the hon. Gentleman says, as always from a sedentary position, it is the longest ever. This stems from the move to spring-to-spring Sessions, which moves the start of the Session to the spring from the autumn. It is the longest Session that I can remember, and it is right that we now bring it to an end with the final piece of legislation in the Government’s planned programme.
The business managers have aimed to balance the needs of the House this Session, providing adequate time for scrutiny of legislation, including the provision of multiple days on Report for nine Bills. Members should also be aware that 18 Public Bill Committees finished their work early. As well as introducing 40 Bills implementing a wide range of coalition policy, we provided 58 days for the Backbench Business Committee, with more than 40 of those enabling debate on the Floor of the House. I know that Members around the House will welcome this inclusion in the balance of time available to the House. I look forward to the outcome of the Procedure Committee report on the work of the Backbench Business Committee, as the House continues to improve it in the future. In addition, extra time was provided both for private Members’ Bills and for Opposition time, in recognition of the unusual length of the Session. I commend the motion to the House.
Question put and agreed to.
(12 years, 7 months ago)
Commons ChamberI am going to have to say to the hon. Gentleman that he will need to read the paper that we are producing, because it will, I hope, be a comprehensive survey of everything that relates to privilege and ask some pertinent questions about whether reform is necessary and whether it would be helpful to Members of this House in going about their business. He will have to be patient and wait for the paper, which we hope to publish before the end of the Session.
I hope that whatever the Government produce will indeed be a “green” paper, because there is one key issue that has to be resolved before we move any further, and that is: should we be putting anything about parliamentary privilege into statute? The danger is that the courts would then choose to interpret our actions and proceedings in this House, which would rather undermine the Glorious Revolution.
For once, I absolutely agree with the hon. Gentleman. The Green Paper will ask the specific question whether the case has been made for legislation. We have approached this issue with an open mind, and we want to seek the views of both Houses on whether legislating further on parliamentary privilege is either necessary or desirable.
(12 years, 7 months ago)
Commons ChamberGiven what the hon. Gentleman has just said, it is perfectly possible that the Government will get this motion through, without any of the amendments that have been tabled, on the back of a payroll vote. Will he undertake that if that does happen and the Procedure Committee then decides that it wants to take the House down a slightly different route, he will table motions to allow that to happen in the next Session?
I have already indicated that we will want to see the Procedure Committee’s conclusions. It has been the practice of my right hon. Friend the Leader of the House and myself to bring forward motions to allow the House to consider the Procedure Committee’s recommendations. I do not think we have anything to be ashamed of in that respect as we have been very careful to ensure that the House has opportunities, where possible, to determine these matters. Obviously, we shall have to wait and see what emerges from the Committee in due course.
(12 years, 10 months ago)
Commons ChamberI am grateful to my hon. and learned Friend. The Government will examine that recommendation in making their response to the Joint Committee, of which he was a distinguished Member. I hope to update the House shortly on our related work on the draft parliamentary privilege Bill.
I rather agree with the hon. and learned Member for Sleaford and North Hykeham (Stephen Phillips) about parliamentary privilege and Members’ correspondence. In the wider context, the concept of parliamentary privilege is in a bit of a mess. We are relying on rather antiquated concepts at the moment. In the light of what has happened this year, when I believe that many witnesses, in giving evidence to two Select Committee, have lied to Parliament, I suggest that we now need a criminal offence of parliamentary perjury for when people lie to Parliament.
The courts have always recognised the right of each House of Parliament to regulate its own affairs. I accept that there are legitimate questions about the House’s enforcement powers and the punishments available to it. It is right to look afresh at whether the powers of each House are appropriate. That is part of the work that we are doing to bring forward a draft Bill on parliamentary privilege. If the hon. Gentleman is a little patient, he will see shortly that we are considering that matter.
(12 years, 11 months ago)
Commons ChamberI had thought that the hon. Gentleman would say that, but I must confess that when I was a Minister, I was never in charge of anything that was interesting enough for anyone to make any announcements about it. I suspect that even if I had wanted to make an announcement, I should have been in difficulty.
The hon. Gentleman was Minister for Europe.
(12 years, 11 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Yes, of course I do. It is always quite difficult to achieve perfectly because people have different criminal justice systems. If we proceed on the basis of English common law, we end up with a different sort of process than we would if our whole justice system were based on the Napoleonic code. This is where we need to do more work on the European arrest warrant. I would not want to get rid of the EAW because, broadly speaking, it has worked to our benefit. There are elements of it, however, that have not helped. It seems bizarre, for instance, that 1,659 of the cases that are sought from the UK are from Poland and 355 from Lithuania. The rumour is that they are all to do with sheep rustling and so on, but because there is a different prosecutorial regime in Poland and in Lithuania, we need to get to a system of proportionality in the advance of European arrest warrants. If we do not, we simply will not have the reciprocity to which the hon. Gentleman refers. We also need to do more to help other countries to develop a strong criminal justice system that meets the threshold for justice and impartiality to which we, in this country, aspire. That is obviously an important part of what we need to work on in relation to new countries coming into the European Union.
I also believe that justice in relation to extradition needs to be exercised on a fair, balanced and relatively swift basis. If we take completely out of the equation the nature of the allegations against Mr Ahmad, the fact that he has been in prison for so long without any form of trial, charge or anything at all is manifestly unfair and unjust. It is not because the Americans want him to be kept there—they would like to be able to proceed with the prosecution and come to a resolution of the case. It is because the European Court of Human Rights is taking a phenomenally long time to resolve its issues, which is why I support substantial reform of how the Court operates so that there can be a degree of swiftness in relation to extradition. In a sense, slow justice is no justice.
When we were in government, we made it clear that the US and the UK ran different but parallel systems. The Baker review agrees with what Patricia Scotland said when she was Attorney-General. If there is to be a change in the balancing requirements between the two countries, it must be based on hard evidence. Some of the numbers that have been advanced this afternoon in relation to the US are not, I think, right. In so far as I am aware, there have been many more requests to the UK than there have been from the UK to the United States of America. However, I think only one request to the US has been denied since 2004. Of course more British people go to the United States regularly than there are Americans who come to the United Kingdom, so the imbalance in the numbers is partly to be expected.
indicated dissent.
The Deputy Leader of the House is shaking his head. If he has other statistics, I will be happy to give way to him.
The Government have a problem. The Conservative party and the Liberal Democrats made a series of commitments when they were in opposition to change the treaty to ensure that Gary McKinnon would not be sent to the United States of America. As I understand it, the Government were going to rely on the Baker review, but that review has provided exactly the opposite answer to what they expected.
(13 years, 4 months ago)
Commons ChamberBecause there was no opportunity to have a debate last night. It would have been nice to be able to expose the problems with the way the Government are dealing with the Bill, but unfortunately such an opportunity was unavailable to us. It is a disgrace that there is no opportunity for amendment. It is also a disgrace that the whole Bill is not being recommitted. We have seen none of the amendments. The Government are basically saying, “We’ve decided where we want to change the Bill, and only those bits shall be available for discussion by the Committee.” That is a completely inappropriate abrogation of the powers of this House to the Crown. The person who should be most disgraced by that is the Deputy Leader of the House, because he has said so many times that he believes in better scrutiny and yet is now abandoning that.
Will the hon. Gentleman give way?
(13 years, 9 months ago)
Commons ChamberI was referring to the use of Prorogation at the end of a parliamentary Session. I believe that that should be in the hands of this House, not in the hands of the Government. Sorry, in fact I was referring to the case where a Government might choose to use Prorogation expressly to prevent an alternative Government from being formed. The Deputy Leader of the House might reassert what the Parliamentary Secretary said earlier—that the monarch would simply sack the Prime Minister in such circumstances—but I do not believe that the monarch has such a power. In fact, since statute law would have expressly stated that that power was still there, I cannot see how that could possibly happen. Alternatively, the Deputy Leader of the House might say that the monarch would refuse to grant Prorogation. That would set the monarch directly against the Prime Minister, and in such a contest there would be a real constitutional crisis, which some would want to take to the courts because the provisions would by then have been placed in statute law.
The hon. Gentleman is exploring an interesting argument, but there is currently nothing to prevent a Prime Minister from requesting Prorogation to avoid a vote of no confidence if he believes that the monarch will accede to his request. Given that that has never happened, why does the hon. Gentleman think that such a constitutional anomaly is more likely to arise following the passage of the Bill than under the present arrangements?
The Deputy Leader of the House has made a fair point. However, because we are now putting in statute significant elements of the way in which the British constitution might work in the future, rather than, of necessity, what exists at present, we are creating a labyrinth which Prime Ministers may well wish to navigate. I shall say more about that shortly, once I have given way to the hon. Member for Rochester and Strood (Mark Reckless), who is talking to a Whip at the moment.
I do not dismiss the hon. Gentleman’s arguments. I understand what he is saying. However, in purely practical terms, it is difficult for the House to receive advice from any quarter on what would be an appropriate date. The House as a whole would find it difficult to take the sort of advice that the Prime Minister, as an individual, could easily assemble. In the politically charged atmosphere of a vote of no confidence, it is hard to understand—[Interruption.] Sorry, not a vote of no confidence. I could see what the hon. Member for Foyle was thinking. In the consideration of an early election, it would be even more difficult to set.
There are always technical issues in establishing the most appropriate date for a general election, and the considerations of all parts of the United Kingdom must be taken into account. I know that the hon. Gentleman has had mixed experiences, but he knows that it is the experience of the devolved Administrations that it is useful in the circumstances that have been suggested for an individual to have this responsibility. Giving it to the House as a whole would be technically difficult, without a significant advance in the arrangements being achieved.
I move on to amendment 8, which the hon. Member for Rhondda said “makes things tidy”, in the words of his valet. I am sure that it would, and I have some sympathy with his argument. The amendment would lengthen the election timetable by requiring Parliament to dissolve 25 working days before polling day, rather than 17. The Government recognise that remaking the election timetable is a complex matter that we should consider. However, it cannot be done simply by edict and without the background work.
The Electoral Commission supports the idea, as the hon. Gentleman knows. He did not make a great deal of that in his speech, but I know that he knows the background material. The commission has suggested that an extension to the electoral timetable would support participation by overseas and service voters, and better support the effective administration of elections. We agree that it is an important issue, and the Deputy Prime Minister has indicated to the commission that there is merit in exploring a change to the timetable. However, as the commission has pointed out, it would require a thorough review to ensure that any change is consistent with the arrangements for elections across the piece.
A host of practical issues and consequential complexities must be considered. We will have to form a balanced judgment on where particular milestones would best fall within an extended election timetable. For example, there might be competing views about the deadline for nominations, and we would have to work to find the most effective compromise. Another crucial milestone is the deadline for registering to vote, which, although not part of the timetable structure, is inextricable from it. That illustrates that such changes to the timetable cannot be made in isolation. As part of the process, we would need to consider the current deadlines for postal and proxy vote applications. Additionally, different elections across the UK run to different timetables and moving to 25 days in Westminster would not, of itself, generate consistency.
As I have said, the Government agree that this is an important issue and we will set out our proposals on the timetable in due course. We have held initial discussions with the Electoral Commission and the Association of Electoral Administrators to identify points to address. It should be noted that the Bill already greatly enhances the ability of administrators and candidates to plan ahead, because we will know when general elections will happen, usually at least five years in advance. The various people involved in running elections will be able to factor that into their thinking and organisation. Even if the provisions for an early election were engaged, the Bill sets out clearly the steps from the Dissolution motion or no-confidence motion to the Dissolution of Parliament, and those steps will be conducted in the public eye. There will be no more snap elections, and I believe that electoral administrators and candidates can be glad about that.
The final reason for asking the hon. Member for Rhondda not to pursue amendment 8, despite its merit and the fact that the issue needs to be considered, is that the Bill is not the right place to amend the election timetable. The Bill is about fixing the date of the poll, not wholesale electoral reform, as we have said repeatedly. Governments are constantly urged by everyone to have focused legislation that deals with specific objects. This is just such a piece of focused legislation and I do not want to cloud the simple but constitutionally significant issue of fixing parliamentary terms with other electoral issues.
Having said that, I hope that the hon. Gentleman and other hon. Members who have tabled amendments will not press them to a vote, so that we can continue with the debate on the final group of amendments.
I note that the Prime Minister’s drinks party has clearly ended, because the whole Conservative party has gathered in the Chamber. We heard earlier that the Prime Minister had been serving reasonably priced drinks, so I hope that all hon. Members paid for them.
(14 years ago)
Commons ChamberI am grateful to the hon. Lady. The Select Committee has done a very good job in raising some important issues.
Amendment 205 would add a stage to the consultation process that the boundary commissions are required to carry out for the purposes of the review. Prior to making recommendations, the commissions would be required to publish online their proposed approach to the application of the rules and factors. A consultation period of eight weeks would follow, and the commissions would be required to take the results into account. We have set a deadline of October 2013 for the commissions to report to allow parties, administrators and electors to adjust to the new boundaries prior to the general election in 2015.
An increase in consultation time of eight weeks could delay the reports, making it harder to prepare for the next general election. In effect, the time added to the process by the amendment would be much greater, as the commissions would have to publicise their proposed approach and assess the representations received before taking the many and complex individual decisions required to put together their recommendations. The Government believe that the right place to debate the approach that the boundary commissions must take is in Parliament. The importance of that is highlighted by the fact that the Bill had its Committee stage on the Floor of the House. The boundary commissions will carry out the review according to Parliament’s wishes, as has always been the case.
In any event, I do not consider that the commissions’ general approach, divorced from the resulting recommendation for particular constituencies, is a subject on which wide consultation is appropriate. It is the effect of the recommendations on a person’s local constituency or local area on which it is important for them to have a say, and the Bill increases the period for them to do so. Consultation on a general approach is likely to lead to many responses that are based not on genuine concern about the approach but on guesswork as to what the effect of that approach might be in a local area. But until the commission has taken all the many individual decisions necessary to formulate its recommendations, it will be impossible to predict the effect on a particular area.
I hope that it will reassure hon. Members that during the previous review the Boundary Commission for England produced a booklet prior to the publication of recommendations which gave information about the review. There was also extensive use of the commissions’ websites to inform interested parties about all aspects of the review.
Amendment 206 proposes a new set of publicity and consultation rules under clause 10. I hope to reassure hon. Members who tabled the amendment that it is not necessary as it reflects the practice that the boundary commissions are likely to follow in any event. The boundary commissions made extensive use of the internet in publicising the last general review and, although it is for them to decide, I am confident they will do likewise this time. The information that they published at the time of their recommendations included the electorate figures mentioned in the amendment.
I believe that it is important to allow the boundary commissions discretion to present their recommendations and relevant accompanying information as they think best, taking into account the particular circumstances with which they are dealing and the changing way in which people obtain information and communicate. On that basis, while I do not disagree with the principle underlying the amendment, I do not agree that it is desirable for the Bill to particularise the commissions’ practice in legislation to the extent that the amendment proposes.
The amendment would also expressly allow representations to be made by people within or outside the affected constituency. That is presently the case, and the Bill does not change that. New section 5(1)(b) of the Parliamentary Constituencies Act 1986 follows the existing section 5(2) in that respect. The boundary commissions are likely to publish recommendations for a number of constituencies together as a scheme, and the proposals for one constituency will undoubtedly affect those for others. It is important that interested parties both from within a proposed constituency and from neighbouring constituencies may make representations to the commissions for alternative schemes that work within the rules, and the Bill does not prevent that from happening. While I understand the concerns of the hon. Member for Epping Forest, it is not necessary for the wording that appears in the amendment to be in the Bill. On that basis, I hope that she will feel able to withdraw the amendment.
I now turn to more general points about local inquiries. It was interesting to listen to the right hon. Member for Tooting (Sadiq Khan) outline the Opposition’s case. I am glad that in this evening’s debate, we have not heard local inquiries described as appeals, because of course they are not. They are part of the process of information gathering, listening to the views of local people and weighing them up as part of the due process.
The process suggested in the Bill maintains that principle. Indeed, it actually extends it. It is vital that the boundary commissions fully consult all interested parties on proposals for changes to constituency boundaries. We all accept that. Local people in particular must be able to have their say. However, the Government believe that it would be a mistake to imagine that local inquiries achieve that objective, and there is independent support for that view. The Bill abolishes them for three major reasons. First, we simply must speed up reviews.
I am telling the hon. Gentleman why, if he will just listen.
The boundaries in force in England for the first time at the general election in May were based on electoral register data that were 10 years out of date. I do not think that is acceptable, and nor should Opposition Members.
(14 years ago)
Commons ChamberYes—[Interruption.] The Deputy Leader of the House says that he has that all the time. He obviously likes being “kebabbed” in that way—or perhaps that is spatchcocked, I am not sure.
That is more spatchcocked.
The hon. Gentleman agrees.
The point is that our amendment is so drafted because, otherwise, a Member might be able to attend half the count in relation to the referendum on the alternative vote, but not the other half in relation to his constituency. We have tabled the amendment so that any Member of Parliament would be able to attend a referendum count. I would hope that most returning officers would not feel troubled by that, but some have explicitly said that the Member of Parliament is not, as of right, allowed to attend.
We have tabled one further amendment that is of significance and not just consequential on others. Amendment (j) relates to new schedule 2 and is about the priority in counting election papers.
I think this has been an interesting and illuminating debate. I am grateful to the hon. Member for Broxbourne (Mr Walker) for tabling his new clause and for the way in which he spoke to it. I am also particularly grateful to the hon. Member for Harwich and North Essex (Mr Jenkin), the Chairman of the Public Administration Select Committee, not only for contributing to this evening’s debate but for his Committee’s work—and that of its predecessor, which, as he rightly said, published the first report.
We have heard from a number of Members of all parties, including from the Father of the House. The hon. Member for Louth and Horncastle (Sir Peter Tapsell) often gets criticised—or, perhaps, slightly cheesed—for his lapidary style, but I know from my experience over many years that he is well worth listening to on many issues. Although I do not agree with everything he says—I do not think he would expect me to—I always find listening to him a useful exercise.
The hon. Member for Na h-Eileanan an Iar (Mr MacNeil), who is not in his place at the moment, intervened earlier and sought to persuade the Committee that the Republic of Ireland is the epitome of prosperity, which I am not sure is an argument that holds great water. The hon. Member for Slough (Fiona Mactaggart), who is also not in her place, was moved to tell us why during the last Parliament she asked to be a Minister no longer.
The hon. Member for Rhondda (Chris Bryant) said repeatedly that the Government of whom he was a part were too slow to take on these issues. Too right they were! They never took on these issues one single bit; there was never the slightest attempt to reduce the size of government or to relax the grip of the Executive on Parliament. It is only since the present Government have been elected that we have been able to deal with some of these issues. He also said, in passing, that he was suspicious that Parliamentary Private Secretaries were not acquainted with the ministerial code. He is quite wrong on that; of course they are—they are given the ministerial code to sign on taking up their positions. That is as it should be. The hon. Gentleman will have to look at the websites himself.
I am sorry, but no list of Parliamentary Private Secretaries is currently available on a website or anywhere else. Unless the hon. Gentleman can provide the address of a website that features the information, it is not available.
That is a Second Reading point, but it is not a point that I agree with or accept in any way. We have already had extensive debate on the timing of the Bill; I believe we have given that subject a substantial amount of debating time. The most important point is that it is necessary to make rapid progress on the Bill if we are to have in good order both the referendum and the boundary changes suggested in the Bill.
Whether or not it is germane is obviously for the Chair, not the hon. Gentleman, to decide, but I am grateful that he has given way.
I am sure the hon. Gentleman would not want to mislead the House. He has suggested that Parliamentary Private Secretaries are listed on each of the websites—[Interruption.] Government Members, and in particular Ministers, groan, but that is perhaps because they want to see the extension of patronage rather than the extent of patronage to be known to the whole of the House. The truth of the matter is that I have looked at the websites of four Departments and there is absolutely no evidence in any of them of who the departmental PPSs are.
(14 years ago)
Commons ChamberMy hon. Friend will not be surprised to know that I entirely agree with him on that point. The Backbench Business Committee has made a good start in ensuring that important matters are brought before the House in a timely way. My greatest regret is the fact that the previous Government took so long to accede to the very reasonable request from the Wright Committee and many Members on both sides of the House to make that happen.
I warmly congratulate the Government on introducing the Backbench Business Committee, but can the Deputy Leader of the House guarantee that in future—as there always was in the past—there will be a European affairs debate before a European Council meeting and a full statement from the Prime Minister afterwards? This week, a European Council meeting will decide things such as our relationship with Russia and whether there should be Europe-wide regulation of the financial services industry, but the House will have not a single debate on it.
I can only say to the hon. Gentleman that the arrangement of statements is, of course, a matter for the Government. Other debates, as the Wright Committee clearly sets out, are a matter for the Backbench Business Committee. I am sure that his comments were heard by the Committee.
(14 years ago)
Commons ChamberI welcome you back to the Chair, Ms Primarolo, and to the consideration of clause 8. I am delighted that we can continue debating amendment 127. Of course, we would not have been able to do this if the Opposition’s attempt to prevent us from doing so, when we dealt with the timetable motion yesterday, had succeeded. When I was last speaking to this group of amendments, we were having a brief exchange on the matter of Wales. I do not want to continue that exchange, because we need the opportunity to discuss the much more important issues relating to Wales and the other parts of the United Kingdom under clause 9, which I hope we will reach shortly.
I was also considering the amendments proposed by the hon. Member for Rhondda (Chris Bryant). One of the great advantages of having an overnight break is that we can look back at the Official Report and read what the protagonists have said. I looked back through the report of the 50 minutes that the hon. Gentleman took in proposing his amendments and found that he did not, as I had suspected, mention them once during those 50 minutes. We know not from him what the content of the amendments is. So I propose to move on from the hon. Gentleman to the right hon. and hon. Members who contributed something positive to the debate.
Much of what we heard was about registration and the fact—it is a fact—that many people do not appear on the electoral register. The hon. Member for Blackley and Broughton (Graham Stringer)—I am glad to see him in his place—made clear his view on that, and said, I think, that we were moving to a system whereby 3.5 million people are not on the register. I disagree with him about that. We are not moving to a system whereby 3.5 million people are not on the register; we are already at that stage, and have been for a very long time. The disgrace is that we have been so unsuccessful in dealing with the parts of the country where registration is insufficient.
My hon. Friend the Member for St Ives (Andrew George) set out some of the reasons why we will never achieve 100% registration, given the difficulties involved. He is absolutely right, and I do not disagree with his analysis in any way. That is why the Government are introducing proposals at least to help the process and get as many people as possible on to the register.
The difficulties that we have with the amendments fall into two groups. They would change the basis on which boundary reviews are effected, moving away from the number of registered electors to some other basis, whether an estimate of eligible electors or an estimate of population. Alternatively, they suggest that we delay the process and make it longer, by a variety of mechanisms. I do not believe that that is the right way forward. The proper course of action is to ensure that the register is as accurate as possible. As I have said, the Government are taking action to improve the registration system.
Amendment 125 would require the boundary commissions to use an estimate of eligible electors, to be provided by the Office for National Statistics. The ONS does not at present make any estimate of eligible electors. Census data are available, but a census is carried out only once a decade, does not cover eligibility to vote and may contain inaccuracies. Indeed, in evidence to the Political and Constitutional Reform Committee, the secretary of the Boundary Commission for Scotland said that there would be “significant practical problems” with using population rather than registered electorate for the purposes of the boundary review. It was mentioned that the electoral register is published annually, whereas the census, which does not record whether a person is eligible to vote, is published every 10 years.
Delaying the boundary reviews would simply make the information on which they are based more inaccurate. The general election held last May was based on electoral registration data 10 years out of date. That cannot be right, and that is my difficulty with amendments 341 and 342, tabled by my hon. Friend the Member for Leeds North West (Greg Mulholland). Those amendments would not only delay the initial review, but halve the frequency of such reviews, by requiring the boundary commissions to report before 1 October 2018, instead of 2013, and every 10th year after that, instead of every fifth year. That would simply make an unacceptable situation worse.
The Government’s proposals build on the existing arrangements for boundary reviews, which have been based on the electoral register for decades. It is right that we take action in support of complete and accurate registers, and the Government are taking that action. On that basis, I urge right hon. and hon. Members not to press their amendments.
We have had 51 speakers—or rather, 52, counting the Deputy Leader of the House, who has just spoken. Despite his rather petulant and “ad hominate” speech last night, we have none the less had a good debate. He did, however, correctly excoriate me for not fully adumbrating the amendments that we tabled. That was partly because I took 31 interventions, more than half of which were from Government Members, but perhaps it would be of assistance if I were now to explain precisely why our two amendments are important.
The Deputy Leader of the House was quite right last night to say that our two amendments, 127 and 135, which refer to different parts of the Bill, are not necessarily readily comprehensible at first sight—partly because one refers to clause 8 and the other to clause 16. Both appear at different points in the amendment paper. Consequently, Members will have to turn to pages 429 and 445 to find them.
Amendment 127 would include in clause 8 the words
“within twelve months of part 2 of the…Act…coming into force in accordance with section 16(2) thereof’.”
In other words, the Boundary Commission would produce its report within 12 months of an addition to clause 16(2), which we would insert through amendment 135, stating,
“after the referendum on the determination of powers devolved to the National Assembly for Wales under the terms of the Government of Wales Act 2006”.
The Deputy Leader of the House rightly told me off last night for not explaining precisely why we believe that that is important. As I tried to say in yesterday’s debate, historically, we have constructed Parliament in this country by determination according to the four different constituent parts of the Union. That has included the representation that each part requires in order for the Union to be solid and hold together, which is precisely what happened in the 1536 Act of Union, the 1707 Act of Union and the 1801 Act of Union. With all three, the first thing determined was how much representation there should be from Wales, Scotland and Ireland. Obviously, that was subsequently changed with the creation of the Irish Free State.
The further change to Scottish representation occurred when we introduced devolution, so, following the Scotland Act 1998, it was agreed that because a variety of powers would be given to the Scottish Parliament, it was right and proper for the number of seats that Scotland accounted for in the Westminster Parliament to be reduced.
The first referendum in Wales on devolution brought about the creation of the National Assembly for Wales, which does not have law-making powers or enjoy any powers over crime, justice or policing, so it is a somewhat different body from the Scottish Parliament. However, there is a proposition that follows on from the Wales Act 2006, and it will be tested in a referendum, which the Government have said will take place in the first quarter of next year, but for which as yet no date has been set. The Welsh Assembly Government have requested that it should be on 3 March, but the Secretary of State for Wales has not yet assented to that. We do not know whether a date has been agreed or whether the referendum will proceed. The date of 3 March may well be problematic, as—how can I put it?—it sometimes rains in Wales in March. Sometimes we have fairly excessive conditions in large parts of Wales at the beginning of March, so the date may well end up being inappropriate.
However, be that as it may, we need to be assured of what powers the Welsh Assembly will have if we are then to have a coherent Union-based understanding of how much representation there should be from Wales in the Parliament of the United Kingdom of Great Britain and Northern Ireland. That is why we have tabled the two amendments, and I shall press them to a Division, because I have not heard anything from the Deputy Leader of the House to alter my opinion that we should proceed on a Union-based understanding of how we create this House, not on a purely mathematically based assumption.
These are minor amendments to clarify the position on ministerial responsibilities in relation to the constituencies provisions of the Bill. Responsibility for elections law, including parliamentary constituencies, is now exercisable by the Lord President and the Secretary of State, as my right hon. Friend the Deputy Prime Minister, as Lord President of the Council, now has responsibility for political and constitutional reform. That was effected by the Lord President of the Council Order 2010, which provides that functions under various Acts, including the Parliamentary Constituencies Act 1986, are exercisable concurrently by the Lord President and the Secretary of State. In the case of that Act, “the Secretary of State” includes the Secretaries of State for Scotland, Wales and Northern Ireland, who retain functions relating to boundary commissions in their parts of the United Kingdom.
The order states that references to the 1986 Act include references to it as amended by any enactment already made but not yet in force. It is arguable that that implies that such a reference does not include a reference to that Act as amended by a subsequent enactment. The amendment therefore provides that the reference to the 1986 Act in the order is to be read as a reference to the Act as amended by the Bill.
Amendments 163 to 167 are to clause 11 on the relationship between the changes to parliamentary constituencies and the constituencies of the National Assembly for Wales. They make similar changes to those in the Lord President of the Council Order 2010, so that the clause refers to both the Secretary of State and the Lord President of the Council, and not just to the Secretary of State. That is done in the same way as in part 1 of the Bill, which provides that the Minister means the Lord President or the Secretary of State. I hope that that is perfectly clear to the Committee.
These amendments seem perfectly sensible and we have no problem with them. We hope that they will go forward immediately.
Amendment 162 agreed to.
Question put forthwith (Standing Order No. 68), That the clause, as amended, stand part of the Bill.
No, I am not saying that the task is insuperable. Of course it would be possible to draw up the constituencies in the way proposed, but why should one constituency then end up with 95% of the average electorate and another with 105%? [Interruption.] The Deputy Leader of the House keeps on referring to the Rhondda. He obviously has some desire either to do down the people of the Rhondda or to visit the Rhondda, but I am not extending an invitation to him.
The hon. Gentleman should not misrepresent what I have said. He knows perfectly well that I have never said that there should be a divergence between his constituency with 82,000 possible voters, and mine with 51,000. I am wholeheartedly in favour of greater equalisation. I have argued that for a long time, and the Labour party and its predecessors, going way back to the Chartists in the 1840s, argued for greater equalisation of seat sizes. But if we are to move towards equalisation do we add, on top of that, the idea of a fixed number of seats? That is what I am querying.
It is difficult to maintain a process based on the equalisation of seats, and then to sustain the case that an island, which I accept has very particular characteristics of its own and is very large, but which, unlike Orkney and Shetland and Na h-Eileanan an Iar, is within near reach of mainland Britain, should be treated as an exception. However, the hon. Gentleman will continue to make that case, and I understand exactly why he wishes to do so. I know that he speaks for many of his constituents, although not all, and I am sure that he accepts that some of his constituents feel very strongly that the Isle of Wight has natural economic links with areas of mainland Hampshire, and that a parliamentary linkage could be of benefit. But of course, he represents 100,000 electors, and does so very well—
I am addressing the Chair, and the Chair is seated at the Table, not on the Opposition Benches.
As I say, the hon. Member for Isle of Wight (Mr Turner) needs to continue to press his case. We shall listen to the arguments that he makes, but we shall also try to maintain the principle of a common—[Interruption]
Order. If hon. Members can be quieter, the entire Committee will be able to hear what Mr Heath is saying, so please calm down. We have only another 11 minutes left, as hon. Members know, before we need to move on.
(14 years ago)
Commons ChamberI am sure the whole Committee is delighted that we have now reached part 2 of the Bill, which is based on the very simple concept that votes across the country should have equal value, wherever someone is. The hon. Member for Rhondda (Chris Bryant) can provide a simple example of why that is important. His constituency, according to the records, has 51,706 electors. My constituency of Somerton and Frome has 81,566 electors. I have 30,000 more electors than him. Why should my electors’ votes have less value than those of his electors? That is the question he needs to answer.
I have already made it absolutely clear in the debate that I believe that there should be greater equalisation of the constituencies. The Deputy Leader of the House says that there is one sole principle, so why, by his own analysis, is he creating two rotten boroughs in Scotland?
If the hon. Gentleman accepts the principle that votes should be equalised, he disguised it well in his very long contribution. We had a wide debate on this group of amendments. At one point it looked like a clause stand part debate, and at another like a Bill stand part debate, given the amount of material we considered. Most Members were relatively continent, but then we had the hon. Gentleman. When I suggested that we have an extra hour for this debate this evening because of the earlier statement, I did not appreciate that it would be taken up almost entirely by him.
On previous groups of amendments, it seemed that the hon. Gentleman had not properly read the Bill, but on this group of amendments, it seemed that he had not read his own proposals. It is hard to avoid the conclusion that he was deliberately trying to avoid speaking to his amendments. Members listening to the debate might have assumed that his proposal was to slow down the process set out in the Bill. They might have thought that in amendment 127, to which he never referred, he was proposing to extend the period for the Boundary Commission to do its job, but no, that was not his proposition. If anyone cares to look at the amendment paper, they will see that amendment 127 suggests that far from the Boundary Commission doing its job in three years, as proposed in the Bill, it should do it in one year, which is entirely contrary to everything that he said in his contribution. He persuaded the hon. Member for Great Grimsby (Austin Mitchell), who is not in the Chamber, that he had a sensible suggestion, but he did not persuade me.
If hon. Members listened to the hon. Member for Rhondda, they might have assumed that it would be difficult for boundary commissions to do their job within the resources and time available, but they might not realise that each boundary commission gave evidence to the Select Committee on Political and Constitutional Reform and rebutted that suggestion in terms, saying that they had the resources and the capability, and that there was no problem whatever.
(14 years ago)
Commons ChamberThen why is the hon. Gentleman not presenting those amendments tonight? That would be the honest, decent and sensible thing to do. Instead, he is proposing a timorous beastie of a Bill—something that, in his honest heart, he knows he cannot possibly defend to his voters on the basis of his party’s manifesto.
Let me raise a few problems that I see with the proposal of the hon. Member for Brighton, Pavilion. First, there are complexities relating to how the amendment would work with regard to the spending limits set both in the Bill and in other legislation affecting referendums. That is not least because the legislation, as it stands, presumes that there will be a yes-no answer. In other words, it presumes that there will be two sides to the argument, rather than three, four or—as there might be in this case—five. Secondly, the amendment makes the assumption that one should arrive at the decision by use of AV; that is laid out in new clause 3. That gives rise to a problem. Finally, there is the problem that although the hon. Lady has presented some options, she has not presented all the options that might be available, as the starred amendment of my hon. Friend the Member for Great Grimsby (Austin Mitchell) makes clear.
I believe that it is not time for this timorous beastie of a reform Bill, which was cobbled together not so much to bring about proper reform in the country as to keep people in government. It has not been properly consulted on, properly thought through, or given the proper time to allow it to be successful. [Interruption.] The Parliamentary Secretary, Office of the Leader of the House of Commons is sitting there on the Front Bench. He is now using arguments that I used, in which I was not very confident, when I sat on the Government Benches. It is about time he stopped using the argument about hypocrisy and brass neck when he is the one, despite the fact that we cannot see the difference between his shoulders and his head, with the largest brass neck of all in the Chamber.
Let us not hear any more about new politics from the Government. This is a shoddy little Bill, not a braveheart root and branch reform—a Bill built on narrow party advantage cobbled between the two Ministers. Nasty, incongruous deals have been pushed through by tough whipping, as we have seen this afternoon—everything that the hon. Member for Somerton and Frome (Mr Heath) used to condemn when he sat on the Opposition Benches. The only reason there were not any smoke-filled rooms for Ministers to sit in to cobble together their deals is that we voted for the legislation to ensure that people’s health improved in this country. He did not.
(14 years, 3 months ago)
Commons ChamberI know that a number of hon. Members share the hon. Gentleman’s view. Ironically, perhaps, the concerns about early-day motions are expressed in early-day motion 432, which sets out a similar view to his. The problem is that many of our constituents are led to believe by campaigning organisations that EDMs have an efficacy well beyond what we in the House know to be the case. The matter will have to be considered by the House authorities and Committees, but he makes an important point.
Early-day motions are an important way for the House, and particularly Back Benchers, to show interest, concern and dedication to a particular cause. I urge the hon. Gentleman not to make it more difficult for Members to sign early-day motions—I know that there are difficulties deciding which to sign and which not to sign—but to make it easier. Currently, we can table a question online, but we cannot add our name to an early-day motion online. Surely that facility could be introduced.
In the past financial year, a total of 2,531 EDMs were tabled, with 120,158 names added. Clearly, the obstacles are not insuperable, but the hon. Gentleman raises an important point, which he has raised with me previously and which I have taken up with the House authorities. I hope that we will soon make progress on the matter.
(14 years, 4 months ago)
Commons Chamber1. What recent discussions he has had on the establishment of a Backbench Business Committee.
As I am sure the hon. Gentleman will know, my right hon. Friend the Leader of the House heard the views of hon. Members from all parts of the House in the debate last Tuesday.
I am delighted that the Backbench Business Committee has been set up, and pay tribute to the Minister and to his colleague for doing so. Something that can be immensely frustrating for Back Benchers is having to take a ten-minute Bill or a private Member’s Bill through the ludicrous shenanigans of a Friday morning. Will the Minister undertake to make sure that private Members’ Bills are looked at by the Committee, so that we consider them on a Wednesday evening, for the greater convenience of all hon. Members?
Again, as the hon. Gentleman may know, that was debated last Tuesday. We all share the frustrations of having private Members’ legislation blocked in the extraordinary procedure that we use in the House for such legislation. The Chair of the Procedure Committee, the right hon. Member for East Yorkshire (Mr Knight), suggested that he wished to look at the whole process of private Members’ legislation, and I hope that his Committee can do so as a high priority. We will certainly keep in touch with that Committee and with the Backbench Business Committee in the hope of finding a better way of doing that particular area of business.