Counter-terrorism and Security Bill

Debate between David Heath and Julian Lewis

Tuesday 10th February 2015 Commons Chamber

[Mr Heath]

That is not the way Third Reading and Report work; what we put into the Bill then is the Bill—it is not a question of principle at that stage. The principle was that the Home Secretary accepted our arguments, she has brought this back and I am grateful to her. I am also grateful to her for the changes to the privacy and civil liberties board.

The one area where we still have a mess, despite the welcome improvements, is on the draft guidance on places of higher education. Of course I welcome the explicit references now in the Bill to “freedom of speech” and “academic freedom”, but introducing those as something to which both the universities and the Home Secretary need to have particular regard means that we have an incomplete hierarchy of priorities between that and the guidance in the draft guidance. That makes it difficult for vice-chancellors and others to assess exactly where their duties lie.

The saving grace lies in amendment 14, which means that the guidance will come before this House for consideration. The reason I specifically asked the Home Secretary what changes she would make to the draft guidance as a consequence of subsection (3) of the new clause in amendment 16 is that there is a clear implication, if that means anything at all, that there will be changes made on that basis. It cannot simply be done in response to the consultation process; there needs to be something that emerges from that process. I look forward to seeing the draft guidance revisited, reissued and then coming before this House for final decision. However, I make a plea to the Home Secretary not to have something that is too bureaucratic or to have hurdles that are impossible for large universities to jump. I have to say that I would be quite incapable of telling a university at which I was speaking what I was going to say two weeks in advance—I do not know what I am going to say when I stand up to make a speech.

[Dr Julian Lewis (New Forest East) (Con)]

Or even afterwards.

[Mr Heath]

Indeed. I really do hope that we have something that is workable, that addresses specifically, and on a risk basis, the issues that the Home Secretary seeks to address, and that does not introduce a duty that is inaccessible.

Backbench Business Committee

Debate between David Heath and Julian Lewis

Tuesday 12th June 2012 Commons Chamber

[Mr Nuttall]

rose—

[Dr Julian Lewis]

rose—

[Mr Heath]

Who shall we go with? Let’s go with the hon. Gentleman at the back.

[Mr Heath]

No, I do not think that it is remotely demeaning. It is the result of what the House decided just before the close of the last Session. The House has debated that matter and I do not intend to repeat the arguments.

Now, would the hon. Member for New Forest East (Dr Lewis) like to intervene?

[Dr Lewis]

I thank the Deputy Leader of the House, as always, for giving way graciously. Given that we have the opportunity of this debate, would he care to use it to reassure Back-Benchers that the Government have no intention whatsoever of trying to prevent votable motions from being debated on days other than Thursdays?

[Mr Heath]

Whether the Government have any mechanism to do that is in the hands of the Backbench Business Committee, which was set up by this Government. Incidentally, it was not set up by the hon. Member for Penistone and Stocksbridge (Angela Smith), who was so concerned about the progress towards a House business committee that her Government would not allow a Backbench Business Committee of any kind. We set it up and are very proud of its progress over the past year. I am pleased that it has managed to do the work that it has done, and I look forward to it doing its work in the years ahead.

Backbench Business Committee

Debate between David Heath and Julian Lewis

Monday 12th March 2012 Commons Chamber

[Mr Heath]

I can give that clear assurance, because I have absolute confidence that the members elected by the party groups will be every bit as independent as those elected by the whole House, and perhaps even identical in person. What I am trying to do is prevent the potential abuse of that process, which could clearly happen under the present rules. I hope that each of the parties, through their internal mechanisms, will have sufficiently robust structures in place to ensure that the Whips, if they come running to Back-Bench Members to have a particular Member elected to the Committee, will be robustly told where to go. But we shall see, because that is internal to the various parties and their internal democratic processes.

[Dr Julian Lewis (New Forest East) (Con)]

I am struggling a little to follow the argument the Deputy Leader of the House is making. If it is the case that the present Chair and members of the Committee have been conducting themselves excellently, why change now in a hurry when we are still waiting for a report? If the Government are so concerned about this—perhaps there is a point I have overlooked—why did he not bring in the arrangement he is proposing at the beginning of the process? Why are we bringing it in when the process is well under way, given that the people who have been running the Backbench Business Committee appear to be doing such a splendid job?

[Mr Heath]

I have already said why. We are doing that now because we are about to have elections, and we do not change the rules of elections after elections. It is normal practice, and normally more constructive, to change the rules before elections, rather than afterwards.

The hon. Gentleman asks why we did not start from a different basis. I accept, and the House is fully aware, that we started with the draft proposals from the Wright Committee, and it was obvious then that what applied to the Backbench Business Committee was different from what applied to any other Select Committee. The precautionary principle in elections to other Select Committees exists for a reason: to stop interference—in a party political way, between the parties—as to who on Select Committees should represent Members. I think that is quite an important principle, but the House must decide whether it considers it to be an important principle. If the House considers it to be nugatory, the House will vote accordingly.

Early-day Motions

Debate between David Heath and Julian Lewis

Monday 6th February 2012 Commons Chamber

[The Parliamentary Secretary, Office of the Leader of the House of Commons (Mr David Heath)]

I congratulate the hon. Member for Weaver Vale (Graham Evans) on securing this debate, and on securing such a sparkling attendance by colleagues for a late-night Adjournment debate. Since entering the House in 2010, he has shown consistent interest in reforming early-day motions, most notably by tabling—with tongue in cheek, as he said— an early-day motion entitled “Early-Day Motions” in July 2010.

I ought to begin by saying that there are, rightly, limits to the Government’s responsibilities for the matters under debate. That was not always so. Between 1994 and 2010, the Government had a very large element of control over whether motions tabled by Back Benchers could be debated on the Floor of the House. The Government were thus the proper recipient of requests for debates on or arising from early-day motions. I seem to recall that that was often a feature of the weekly business question.

Since the welcome advent of the Backbench Business Committee following a decision of the House in June 2010, it now rightly falls to that Committee to decide what subjects will be debated in Back-Bench time and what form motions for debate should take. Of course, the Government, and particularly my right hon. Friend the Leader of the House, continue to examine early-day motions as barometers of opinion on public policy and matters meriting debate.

When the Procedure Committee last considered early-day motions in 2007, seven categories or purposes for early-day motions were identified: first, to express opinions on matters of general public interest, often to assess the degree of support among Members; secondly, to continue a political debate, for example by criticising the Government or the Opposition; thirdly, to give prominence to a campaign or the work of some pressure group outside the House, and I will return to that in a moment; fourthly, to highlight local issues, such as the success of a local football team, the achievements of constituents or the need for a bypass; fifthly, to pray against a statutory instrument subject to the negative procedure, both to draw attention to opposition and to encourage referral of the instrument for debate; sixthly, to criticise individuals, including other hon. Members, whose conduct can be criticised only on a substantive motion, and I think that the hon. Member for Newport West (Paul Flynn) has raised that matter before now; and seventhly, to set out detailed criticisms, such as of a company or body, under the protection of parliamentary privilege.

As the above categories suggest, the scope for early-day motions is wide. Individual hon. Members’ freedom to table them is great. EDMs can be viewed in some ways as a safety valve when Members find their ability to express views limited by the availability of time or by the rules of the House.

[Dr Julian Lewis (New Forest East) (Con)]

I am grateful to the Deputy Leader of the House for outlining that helpful list. Does he agree that many of those categories also apply to business questions every Thursday, when hon. Members ask for statements or debates on subjects close to their hearts in the full knowledge that no such statement or debate will follow but because it enables them to make a point? That is what the EDM does, but it has the additional feature that many Members can sign up to it, which enables them to make a point and show that it is widely supported. Would that not be a loss to hon. Members?

[Mr Heath]

It was for precisely that reason and connected reasons that the Procedure Committee in the previous Parliament decided against recommending the abolition of EDMs or their substantive reform. However—there are several “howevers”—a major area of discontent for many years, as reflected in the Procedure Committee’s report in the last Parliament, concerned the lack of connection between EDMs, whose ostensible purpose was to set down a motion for debate in the House on an unspecified day, and the provision of time on the Floor of the House. The House has taken a major step to respond to this problem with the establishment of the Backbench Business Committee, as I mentioned at the outset.

--- Later in debate ---

[Mr Heath]

I understand the point that the hon. Gentleman makes, and I think there is some substance to it, as it in no way undermines the fact that it is an important issue that—

[Dr Julian Lewis]

Will the Deputy Leader of the House give way?

[Mr Heath]

I really cannot give way again, because we are coming to the end of what is normally an Adjournment debate between one Back-Bench Member and a Minister, and tonight we have had a cast of thousands.

The hon. Member for Weaver Vale mentioned the cost of early-day motions. The House service estimated that the cost of administering EDMs in 2009-10 was approximately £1 million. The annual cost may have fallen somewhat as a result of the decision not to print the weekly compilation of EDMs, but those costs should certainly give hon. Members pause for thought before they table motions.

One possible solution is the one suggested by the hon. Gentleman, who proposed that EDMs should only appear electronically. The cost estimate to which I referred earlier indicated that about three quarters of the costs of EDMs were attributable to printing. It is clear that the database is now the main means by which people outside this place, as well as many inside it, access EDMs. My own view is that the time is fast approaching when more categories of business papers can be made available primarily or exclusively in electronic form—I imagine that some will gasp with horror at that suggestion, but I believe that it is one way in which we can actually save the taxpayer money—and that early-day motions may be in the vanguard of change in that regard.

I think the debate has demonstrated that the time may soon be ripe for the Procedure Committee to look again at the subject of early-day motions, and we have just heard its the Chair, the right hon. Member for East Yorkshire (Mr Knight), say that he would be more than happy to put the matter to the Committee. It is for the Committee and for the House, rather than the Government and this Minister at the Dispatch Box, to specify the appropriate procedure. If proposals for reform were presented—either along the lines advocated by the hon. Gentleman, or in another form as a result of the Procedure Committee’s considerations—it would be for the House to decide on the appropriate solution following a debate in Back-Bench time. In the context of a reformed House with more control over its own affairs, it is not for the Government to present proposals for change in this area. However, the hon. Gentleman has raised an important issue relating to the way in which we as a House conduct our business.

Perhaps I might surprise the hon. Member for New Forest East (Dr Lewis) by telling him that I now have time to allow him to intervene, if he does so quickly.

[Dr Lewis]

What a marvellous Deputy Leader of the House we have! I just wanted to record the fact that my hon. Friend the Member for Daventry (Chris Heaton-Harris), who opposes the signing of EDMs, secured my signature, along with those of more than 100 other hon. Members, to a letter that he wanted to send to the press. If it is good enough to send a letter to the press, it is good enough to get a large number of MPs’ signatures on an early-day motion.

[Mr Heath]

The hon. Gentleman has done very well to get his intervention in.

Let me end by thanking the hon. Member for Weaver Vale for raising the issue. We have had an interesting debate, and I look forward to hearing the views of the Procedure Committee in due course.

Question put and agreed to.

Oral Answers to Questions

Debate between David Heath and Julian Lewis

Monday 26th July 2010 Commons Chamber

[Mr Heath]

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.

[Dr Julian Lewis (New Forest East) (Con)]

Had it not been for the availability of the EDM procedure, I would not have been able quickly to gather 249 signatures for an EDM that helped in considerable part to change the law so that the mad decision of three judges that our home addresses should be revealed to anyone who asked for them could be stultified and reversed. May I suggest gently to my hon. Friends and other hon. Members that if they are so shy about saying no when asked to sign an EDM, they have the option of simply informing the Table Office that they do not sign any EDMs, and informing their constituents of the same? Those of us who want to make use of the procedure can then continue to do so.

Business of the House

Debate between David Heath and Julian Lewis

Thursday 1st July 2010 Commons Chamber

[Mr Heath]

I seem to recall that there was a significant increase in the allowances made available to members of our armed forces serving in conflict areas. That seems to me to be a significant development. However, the hon. Gentleman will have the opportunity to raise these matters in the very near future, because Defence questions are on Monday 5 July.

[Dr Julian Lewis (New Forest East) (Con)]

Given the excellent agreement in New Forest East between leading Liberal Democrats and Conservatives that fluoridation should not be imposed on the community against its will, may we have a statement—not in the next two weeks, but perhaps in the next two minutes—from the Deputy Leader of the House, confirming that the fact that the Liberal Democrats have joined the Conservatives in government in no way vitiates the pledge given by shadow Conservative Health Ministers before the election that fluoridation should not and would not be imposed on communities that did not want it?

[Mr Heath]

The hon. Gentleman will not have a statement from me on a matter of health policy, but he can quite properly ask hon. and right hon. Friends in the Department of Health to give a response. It seems to me that this is a very important issue—I have a great deal of sympathy with the hon. Gentleman’s position—and I am sure that his constituents would like some clarity on the issue. However, I also know that the legislative framework under which these proposals are considered is the legislative framework introduced by the previous Government.

Dissolution of Parliament

Debate between David Heath and Julian Lewis

Tuesday 25th May 2010 Commons Chamber

[Mr Heath]

We will have a period of reflection: first, we will publish the motion, which the House will consider, and then, at a later stage, we will publish the legislation, which will be considered in advance and then by both Houses of Parliament, which will give them the opportunity to have their say. I do not think that this is a precipitate process; it is carefully considered. Hon. Members such as the hon. Gentleman might well have views that they want to express on behalf of their constituents, and they will be listened to, because that is how we intend to run debates in the House.

[Dr Julian Lewis]

I thank the hon. Gentleman for giving way so generously. I was reassured by what he said earlier about the lack of a guillotine on the legislation. Would he like to take this opportunity to say whether that will be the Government’s new general policy on guillotines or whether it is specific only to this legislation? I remember, time after time, quite rightly being sent into the No Lobby to vote against guillotine motion after guillotine motion. I trust that we will be carrying into government the opposition to guillotines that we indicated when in opposition.

[Mr Heath]

The hon. Gentleman will have noticed that I was in the same Lobby voting against those guillotine motions. That is why it is our clear intention not to apply automatic guillotines or automatic programme motions, because we do not believe that to be in the interests of proper consideration in this House. This is the new politics—the new way that we are going to run this House of Commons.

Returning to where a vote of no confidence has taken place, it is extraordinary to suggest that there would be circumstances in which this House would refuse to vote for a Dissolution when it was clear that a Dissolution and a new general election were the only way forward. However, even given that, we are putting forward the automatic Dissolution proposal, as a safeguard that we will make part of the legislation, if no new Prime Minister can be appointed within a certain number of days. It seems to me that that is appropriate.

I know that the hon. Member for Linlithgow and East Falkirk has said that we cannot make any read-across to the Scottish legislation, but I am afraid that I do not entirely agree with him. One thing in the Scottish legislation is that although a two-thirds majority is required for an early Dissolution, there is a fall-back position, with which he will be familiar, which provides for automatic Dissolution if the First Minister resigns and the successor is not appointed within 28 days. That seems an entirely proper constitutional safeguard, and I am very happy to propose something of that kind for our legislation.