House of Commons Business

David Nuttall Excerpts

Thursday 8th May 2014 Commons Chamber

[Ms Eagle]

I always worry about iconoclasm. There have been certain ages in our history when it has played an interesting role. Perhaps Members should embark on a tour immediately to explain to people out there how important these concepts are to the health of our democracy. I think we all agree on that, but we need to translate it into phrases that can be easily understood by those who do not have a degree in constitutional law.

As I have said, we are more than happy to support the general view that the Government have now reached, after much work. They have sensibly declined to introduce a codification of parliamentary privilege, and have provided helpful clarifications. However, I have one further question to ask before I leave the issue of privilege. The Joint Committee suggested in its report that the Government should repeal section 13 of the Defamation Act 1996, which might more accurately have been named “the Hamilton amendment”. It was disgracefully inserted by the last Conservative Government to facilitate the issuing of a libel action in the “cash for questions” scandal by the then Conservative Member of Parliament, now UKIP fundraiser, Neil Hamilton, allowing him to waive privilege in order to sue The Guardian. The Joint Committee observed that that had created indefensible anomalies which should not be allowed to continue, and I agree. Perhaps, when he winds up the debate, the Deputy Leader of the House will confirm that the Government intend to repeal section 13 through the Deregulation Bill, which is due to be debated in the House on Wednesday.

The third motion relates to a proposed trial of new arrangements for the tabling of amendments to Bills on Report. I welcome the suggested earlier deadline, and agree that it is important to ensure that we have enough time to draft a detailed supplementary programme motion that will enable us to debate all the groups of amendments. During the current Parliament, too much legislation has been passed without the House having had an adequate chance to debate it. The Government have also got into the habit of dropping controversial changes to their Bills into the legislative stages in the Lords, thereby avoiding effective scrutiny in the Commons.

The abolition of the Agricultural Wages Board is perhaps the most egregious example of that wholly regrettable practice. It was inserted into a Bill at the last minute during its House of Lords stages. The Bill then returned to the Commons, but our amendments were effectively talked out. We were able to debate the board’s abolition in the Chamber on an Opposition day, but by then the legislation had already been passed.

[Mr David Nuttall (Bury North) (Con)]

Does the hon. Lady not accept that during the final eight parliamentary Sessions under the last Labour Government, 16 groups of amendments were not reached on Report? That is made clear in the appendix to the third report of the Procedure Committee.

[Ms Eagle]

I am not trying to suggest that the issue rests solely with the current Government. In fact, it has arisen because of the issue of timetabling itself. I am long enough in the tooth to have been in the House before there was any timetabling, although there were guillotines, which could not be applied until a Bill had been debated for three hours. That system had advantages and disadvantages. Programming also has advantages and disadvantages, but I think that, if we are to have it, we must try to ensure that games are not played, and it is not possible for swathes of Bills to be passed without debate because the end of the timetable has been reached.

There is always tension between the time that is allowed for a Bill to pass through its stages and the tactical game-playing in which Oppositions, Governments or large groups of Back Benchers—or, indeed, small groups—may engage in order to have a particular effect on a Bill. I think it important for us to try to ensure that groups of amendments have at least a reasonable chance of being debated.