Business of the House

Debate between Edward Leigh and Jacob Rees-Mogg

Thursday 3rd February 2022 Commons Chamber

[Mr Rees-Mogg]

The hon. Gentleman must ask the Leader of the Opposition why he gave an apology.

[Sir Edward Leigh (Gainsborough) (Con)]

With respect to the restoration and renewal of Parliament, I welcome yesterday’s announcement by the Commission, chaired by the Leader of the House, that it will take back control from the sponsor body and that all the figures that come out of the delivery authority and the sponsor body, on which I sit, should be published. Can he confirm that the figures for the delay, length and cost of decant are truly horrendous; that no work would be scheduled to start before 2027, although the building works need to be got on with now; and that we are talking of a decant in excess of 15 years and costs in excess of £14 billion? Will he therefore confirm that some of us have been proved right when we said that we should have got on with it years ago? Can we have an early resolution of the House so that we can resolve the matter, take back control and start the work now?

[Mr Rees-Mogg]

My right hon. Friend raises some very important points. The Commission has asked that the figures be made available to all Members as soon as possible. The figures now range from £7 billion to £13 billion for the cost and from 12 years to 20 years for the decant. It seems to me that if we were to have a decant of 20 years, we would never come back to this Palace and that £13 billion or possibly even £14 billion of taxpayers’ money is not justifiable.

My right hon. Friend is also right that it has gone on for too long. We have been waiting for years for the perfect scheme instead of getting on with what we ought to do. He says it would be 2027 at the earliest, which is correct in part, but realistically it would probably be 2031, because the northern estate would have to be ready for people to move into it. I am glad to say that, with much thanks to your leadership of the Commission, Mr Speaker, we have been getting on with things before restoration and renewal that have been taken out of the scheme.

The Elizabeth tower is emerging butterfly-like from its chrysalis day by day to reveal an exceptionally beautiful part of the Palace. The fire safety programme has been proceeded with, so there are 4,126 sprinkler heads and 8 miles of pipe that are an important part of protecting life in the event of fire and are some protection for fire suppression that would be beneficial to the building.

By and large, the cast iron roofs have been restored in a very big programme as it is thought to be the largest expanse of cast iron roof in Europe. We are also getting on with the northern estate. It is really important that we get on with things and do them at a proportionate cost. We cannot possibly be out of here for 20 years; I do not think any Member thinks that is reasonable.

Business of the House

Debate between Edward Leigh and Jacob Rees-Mogg

Thursday 16th December 2021 Commons Chamber

[Mr Rees-Mogg]

I wondered how long our Christmas cheer would last. I see the hon. Lady, in the absence of the hon. Member for Perth and North Perthshire (Pete Wishart), who has generously and kindly sent me his apologies for missing this session, has had to model herself on him and become as grumpy as he sometimes is. Let me try to answer her multiplicity of questions, though the ones that really relate to the Foreign Office were answered in the previous half hour, and the hon. Lady was here, so may I suggest she listens, when she is sitting in the Chamber, to the brilliant answers given by the Minister for the Middle East and North Africa, who answered everything she could possibly have wanted an answer to and more?

Let us go back to why we have to be here. Being here, in a democracy, is important. The work we do in Parliament is crucial. Holding the Government to account and ensuring that people can express their views is fundamental. The House authorities have been brilliant in running a covid-safe environment. There are tests available, and people have been testing themselves like billy-o, as is their responsibility, in order to try to keep us all safe. The idea that we should run away from- our democratic duty is for the birds. We should be here, we should be proud to be here, and we should not want to run off home; I think that would be most unsatisfactory.

The hon. Member for Bristol West (Thangam Debbonaire) asks about the online harms Bill. When Bills do not have prelegislative scrutiny, she says, “Well, why haven’t they had prelegislative scrutiny?”, and when they do, she says, “Why is the Bill taking so long?” That is trying to have her cake and eat it, which we know is a difficult thing to do in terms of physics. I am delighted to see here my hon. Friend the Member for Folkestone and Hythe (Damian Collins), who chaired the Committee with such distinction; the online harms Bill is much improved, and will be much improved after consideration of the work he has done. I am sure it will be brought before Parliament at the appropriate time for us to debate it.

Then the hon. Member for Bristol West then mentioned railways. For the past couple of weeks, we have thought she was a reformed character—indeed, we thought she might be becoming a Tory, because she kept on referring to taxpayers’ money. It made the Government side of the House really excited—joyful even; Christmas spirit was arising—that there might be someone coming over to us. But alas, this week it is back to socialism, and £96 billion of taxpayers’ money is pooh-poohed—pooh-poohed, Mr Speaker!—when in fact it is an enormous amount of money, and will be the largest amount of expenditure on the railways in real terms since the Victorian era, that era that we look back to with fondness and admiration for the great things that were done.

Let me go on to all this stuff about what may or may not have gone on in Downing Street last year. That is being looked into by the Cabinet Secretary. I ask the hon. Lady to have a little patience, and to wait and see what comes from the Cabinet Secretary.

On the cost of living questions, yes, inflation has risen by 5.1%. I have a feeling that the Bank of England’s Monetary Policy Committee will meet, or announce its decision, at midday, so we are moments away from the witching hour when we will know what the Bank thinks it necessary to do. The hon. Lady may have forgotten that her socialist friend, the then Chancellor of the Exchequer, Gordon Brown, gave the Bank of England independence on monetary policy in 1997.

Finally, let me conclude on my right hon. Friend the Prime Minister. We are lucky to have such charismatic, incisive and thoughtful leadership; we are led by one of our truly great leaders. I am proud of the fact that he is leading us, and I see that the hon. Lady looks pretty proud too, though that is hidden behind her mask.

[Sir Edward Leigh (Gainsborough) (Con)]

If the Leader of the House had been in our Lobby on Tuesday, he would not have had to open the window; we were much more socially distanced. In my experience, crowded Lobbies full of Labour and Conservative MPs are seldom a very good thing—I am talking about not covid, but political damage. May I give the Leader of the House this early Christmas present? I am trying to be helpful. If we have another vote on a measure that is inimical to civil liberties, and that the Conservative party in its heart profoundly opposes, can it be a free vote? Then only one in 10 Tory MPs will vote for it, and nine out of 10 Labour MPs will vote for it, and the Government might get the same result. My next question to him is important: will he guarantee that if the Government decide to impose any further restriction on civil liberties, even over the Christmas period, Parliament will be recalled?

[Mr Rees-Mogg]

First, I note my right hon. Friend’s helpful advice. Of course, whipping is not a matter for me as Leader of the House, but I would argue that the Government are given leadership by my right hon. Friend the Prime Minister, who is one of the most civil libertarian leaders that the country has had in well over 100 years. He really believes in the liberties of the people of the United Kingdom and that people make better choices for themselves than the state makes for them. It is this leader who has felt obliged, in the face of a health crisis, to make the decisions that he has. How pleased we should be about that. Just think: we could have had a socialist leader joyfully taking away our liberties and loving locking us down. The Opposition would have kept us in complete lockdown forever and ever—in saecula saeculorum, as my right hon. Friend will quote regularly. This leader—our Prime Minister—has always restored freedoms as quickly as possible and taken them away with reluctance. We should be pleased about that.

As regards recall, Parliament is always recalled when there is a really serious matter to discuss. Sometimes, when we go away on a Thursday, the matter that leads us to be recalled is not what we were discussing when we went away but events that overtake what we were discussing at the moment of our departure. The Government will always listen to calls for recall if the issue is serious enough.

Strengthening Standards in Public Life

Debate between Edward Leigh and Jacob Rees-Mogg

Wednesday 17th November 2021 Commons Chamber

[Sir Edward Leigh (Gainsborough) (Con)]

Of course, everybody agrees with that, but how does one determine realistically what is taking too much of one’s time on an outside interest? It should be common sense and it should be left to the judgment of the electorate. What worries me is that, if it is left to the commissioner for standards, however distinguished, that will give that official a degree of power never enjoyed by any official ever before over Members of Parliament. We are accountable not to officials, but to our electorate.

[Mr Rees-Mogg]

My right hon. Friend is absolutely right. We are responsible and accountable to our voters. This is why the Chairman of the Standards Committee will be leading his distinguished Committee in looking into this and I hope will make recommendations to the House.

Business of the House

Debate between Edward Leigh and Jacob Rees-Mogg

Thursday 23rd September 2021 Commons Chamber

[Mr Rees-Mogg]

The furlough scheme has been enormously helpful and one of the key things that has maintained employment in this country. In Scotland, it has protected more than 910,000 jobs. However, I would be happy to take up the case of Mr Barnett with HMRC and with other Ministers. I have always thought business questions were a good opportunity to raise constituency issues that have not been solved by other means, and I will try to get a proper answer for the hon. Gentleman’s constituent.

[Sir Edward Leigh (Gainsborough) (Con)]

The Leader of the House rightly talks about greening the environment. This week, a company has put in an application for a solar farm around Gainsborough that would be the size of 4,000 football pitches. It says that this is a nationally significant infrastructure project, and therefore, under a law passed by the last Labour Government, no local planning is allowed at all. There is no say for West Lindsey District Council, the county council, myself or anybody else. Can we have a debate on this matter? I was going to ask about a levelling-up grant for Gainsborough, but perhaps we could have a bit more levelling up for local democracy too.

[Mr Rees-Mogg]

It is obviously important that planning decisions are taken efficiently and that matters of national importance come to a national level. I have to say that 4,000 football pitches sounds like a very large area. I do not know very much about football, but I know that a football pitch is not an entirely small space. It cannot be that dissimilar to 4,000 cricket pitches. I note my right hon. Friend’s concern, and he is right to raise it in this House. The opportunity to discuss it will probably be best provided through an Adjournment debate to ensure that this specific issue can be raised and that a Minister of the Crown can be held to account.

Amendments to the Independent Complaints and Grievance Scheme

Debate between Edward Leigh and Jacob Rees-Mogg

Wednesday 28th April 2021 Commons Chamber

[Mr Rees-Mogg]

It is not for me to say what decision the decision maker should come to, but the decision maker should base any decision on the language of the policy at the time. It would not be fair to make a decision on our clarification ex post facto. I hope that is helpful to the House.

[Sir Edward Leigh (Gainsborough) (Con)]

I think this is quite important. The House is perfectly entitled to change its rules, but it is an absolutely fundamental part of natural justice that laws should not be changed retrospectively. Just for the sake of argument, we may, for instance, be dealing with a historical case that happened several years ago and the Member has left this House. It is absolutely vital that the Leader of the House makes it clear that that person would be judged according to the rules at the time, not according to the way we are changing the rules now. Do I make myself clear? If he makes that clear, that would be very helpful.

[Mr Rees-Mogg]

My right hon. Friend is absolutely clear, and that is broadly what I have been saying. What I am not committing to is to saying how the decision maker would interpret the rules as they were at the time, in view of the stated intention that the House had, because there was a degree of disagreement between the two. That is a matter for the decision maker to decide on the basis of the wording at the time, not on the basis of subsequent changes to the wording. What we are doing today should not influence the decision maker’s view of what existed at the time in one direction or the other. It should be based on what existed at the time.

Business of the House

Debate between Edward Leigh and Jacob Rees-Mogg

Thursday 11th March 2021 Commons Chamber

[Mr Rees-Mogg]

I have a great deal of sympathy with the point that the hon. Lady is making. When we represent constituents who need drugs for rare diseases, it is important that we get them. I think the principle that NICE is independent in making these decisions is also a sensible one, but it is crucial that its decisions are made in a timely way and appear to be reasonable to the country at large. NICE is a matter that will come up for debate, but it may be that the hon. Lady will want an Adjournment debate on this specific issue. I had one on Batten disease before joining the Government, and the Government proved very sympathetic to the quest for my constituent.

[Sir Edward Leigh (Gainsborough) (Con)]

Some people overstate their case by saying that the state of this building is ruinous, but one thing that is certain is that the public finances are in ruins. So will the Leader of the House take this opportunity to make it clear that, when it comes to the restoration and renewal of Parliament, the absolute first priority of Government is value for money? In this context, will he note that the House has never voted to demolish the grade I listed Richmond House? It is a listed building, and there is the issue of carbon and all the other issues. Can the Leader of the House have an open mind about it and learn from our experience of working virtually by perhaps not having a September sitting and, above all, getting on with the work now? In this report, where it says, “What is the cost?”, the whole thing is blanked out. What is going on here? Let us have value for money. That is what the taxpayer wants.

[Mr Rees-Mogg]

I agree with my right hon. Friend that taxpayers’ money has to be spent wisely. The proposal for Richmond House and the Queen Elizabeth II Centre was that there would be about £1.5 billion of expenditure on temporary Chambers. This cannot have been a sensible thing to do even in less straitened financial times; in the current circumstances, it seems to me to be for the birds. We have to focus on value for money, and I agree with my right hon. Friend.

I am not the greatest advocate of hybrid proceedings—they are better than nothing, but they are not as good as real physical participation in debate—but I would rather have hybrid proceedings for a little bit when we could not use this Chamber than spend a billion and a half pounds. We as Members of Parliament have a responsibility to our constituents when their money is being spent to accept that, while great reforms or restorations are taking place, we may have to put up with a little bit of discomfort. There may be, occasionally, a little bit of banging and noise being made, and we cannot be too fussy about that if we are to keep this as a working operational building. But the key work needs to be done, and it needs to be done in a timely fashion, with value for money at its heart.

--- Later in debate ---

[Mr Rees-Mogg]

Were we to have a debate to praise our sovereign lady, it would take up all the legislative time available in the House, so all I will say is:

“God save our gracious Queen!

Long live our noble Queen!

God save the Queen!

Send her victorious,

Happy and glorious,

Long to reign over us,

God save the Queen.

O Lord our God arise,

Scatter her enemies,

And make them fall:

Confound their politics,

Frustrate their knavish tricks,

On Thee our hopes we fix:

God save us all!”

[Sir Edward Leigh]

Follow that.

Business of the House

Debate between Edward Leigh and Jacob Rees-Mogg

Thursday 4th February 2021 Commons Chamber

[Mr Rees-Mogg]

May I begin by saying how sorry I am that the right hon. and learned Lady has left the SNP Front Bench? That is not because I regularly agree with her, because I do not think that I do, but because she has made it clear that she is one of the most intelligent and careful scrutinisers of Government, not just on her party’s Benches but in this House. When I was on the Brexit Committee with her, her analysis and her questioning were, I must admit, second to none. As I believe that good government depends on careful scrutiny, her removal from office is a loss to our democratic system. Dare I say, perhaps ungraciously, that Mona Lott is responsible for this and it may be for reasons of internal SNP politicking?

To come to the right hon. and learned Lady’s point, free speech is fundamental, and it is disgraceful that she received threats for her views and her removal from office, to the extent where the police had to be involved. Every Member of this House should feel safe in whatever they say as long as it is within the law and is not effectively threatening violence. What is said in this House is of course completely protected. It is outrageous that she should have been placed in this position. Can I commit to supporting freedom of speech? Absolutely I can. That is what this place exists for; that is what underpins our democracy. Much as I disagree with her on so many things, may I commend her courage in standing up for freedom of speech and putting forward her views clearly in a difficult and sensitive area but one where she has a right to be heard?

[Sir Edward Leigh (Gainsborough) (Con)]

The Leader of the House mentioned the Queen’s Champion. Actually, my right hon. Friend, with his style, would make a very good Queen’s Champion, but unfortunately the post is held by the lord of the manor of Scrivelsby in the county of Lincolnshire. Can I suggest to him, though, that he becomes another champion—a champion for good value for money? Since the House voted by a very narrow margin to demolish a perfectly serviceable Richmond House and erect a temporary Chamber at vast cost, everything has changed. The country is broke and we have proved, have we not, that we can run Parliament virtually if we have to? So may we have an urgent debate on this matter, get on with the work, if necessary close Parliament down except virtually between July and October, and work in double-shifts and perhaps bring in Front-Bench spokesmen to a pop-up Parliament in the atrium of Portcullis House, but above all get on with the work and pursue value for money?

[Mr Rees-Mogg]

My right hon. Friend is right to say that the pandemic has increased the eternal need to ensure that when it comes to all Government expenditure, but especially restoration and renewal, the taxpayer is only asked to pay for vital works, not gold-plating. I will confess to him that some of the figures I have heard bandied around for the total cost, and some I am seeing requested for budgets at the moment, are eye-watering, and it is hard to believe that that is what is required for the vital works.

The Palace of Westminster must remain the home of our democracy. It is a temple to democracy: that is what our Victorian forebears built it to be. It is one we should be immeasurably proud of and must preserve and use, because we need to carry on our work in this fantastic Palace, not somewhere else. But it has to be said that the “how” should follow the “what” in this regard, not the other way round: the “what” comes after we have worked out “how”, which is why hon. and right hon. Members like my right hon. Friend will have such an important role to play in the coming months in helping to determine the scale of the project—the “what” that is required. We are the ones accountable to constituents, so it is quite right that we will be the Members of Parliament—the Members of this current Parliament—who make the final decisions on how to proceed.

Participation in Debates

Debate between Edward Leigh and Jacob Rees-Mogg

Monday 16th November 2020 Commons Chamber

[Mr Rees-Mogg]

The issue around Westminster Hall is what I am told by the House authorities, which seems to me to be a reasonably authoritative position. It is a question of resources. As I said earlier, the broadcasting team is relatively small and has been working under a great deal of pressure to try to deliver not just the Chamber but Select Committees performing remotely. Those resources are not unlimited and have to be shared in a way that gives the greatest satisfaction to the most people. Westminster Hall cannot be broadcast currently with remote participation unless resources were to be taken from somewhere else. That is a question ultimately for the House if it wanted to lessen, perhaps, the facilities available to Select Committees or take resources from somewhere else. That is what I have been told by the House authorities, and I am sure that what they have told me is accurate.

[Sir Edward Leigh (Gainsborough) (Con)]

After nearly an hour of being battered from all sides, it is about time that someone supported the Leader of the House and did the unpopular thing of defending the Government. May I say that I welcome what he said and the moderate way in which he said it? While I am happy with extending this provision to people who are clinically vulnerable, may I urge him not to bow to pressure and extend virtual debating to everybody, giving everyone carte blanche? We are in danger in this country of creating two worlds: an Aldous Huxley “Brave New World” where middle class people can sit in the comfort of their own homes and do their jobs and ordinary people are forced out into the workplace. Our job is to set an example and be here. “Parliament” comes from the French “parler”, and it does not mean talking at people but talking with people. There is a practical point: if we are having a debate, we do not want to be like the Council of Europe with its dead debates where people read out speeches; we want to have people here and intervening on each other.

[Mr Rees-Mogg]

I am naturally grateful to my right hon. Friend. He is right that we do need to be here. I share his concern that we think we should do things differently from other people. That is why I have consistently tried to set out a case where the House behaves in the way that other key workers are.

Yes, I know right hon. and hon. Members have to travel from their constituencies to get here, but other key workers have to take journeys, too—we are not alone in that. We are not alone in needing to go to our workplace because it does not operate properly without us. We should, in fact, be proud of the fact that we are key workers and, alongside other key workers, doing our duty to make democracy function.

My right hon. Friend makes a powerful point about there being two groups of people, which we should bear in mind. As I said, we should be standing shoulder to shoulder with our constituents, recognising that they have to face these difficulties as well. We are not, in this sense, unique. As we can help those who are extremely clinically vulnerable, it is right that we should do so. However, that will be a limited change, because the resources and the ability to have proper debate are limiting factors in what can or should be done.

Proxy Voting

Debate between Edward Leigh and Jacob Rees-Mogg

Wednesday 23rd September 2020 Commons Chamber

[Mr Rees-Mogg]

Yes. The motion before us says:

“a certificate already granted should be varied, if satisfied there are urgent and unforeseeable circumstances”,

so Mr Speaker now has the ability to do this at very short notice. With parental leave, there is normally some element of notice, whereas with the coronavirus, there may not be any notice at all. However, there has to be some discretion for Mr Speaker, because there comes a point in the day at which it is too difficult administratively to get something in place. The hon. Gentleman raises a fair point, and I am glad to say that that has been taken account of.

[Sir Edward Leigh (Gainsborough) (Con)]

My right hon. Friend said that we have brought in proxy voting to help Members for reasons of public health. The trouble is that this whole system has been corrupted. A huge number of Members of Parliament now have proxy votes. I do not believe that the great majority of them are actually shielding or medically ill—I think it is just for convenience. This shows the creeping danger of what is going on. I would like to get from the Leader of the House, as someone who loves the House of Commons, a personal view of that and a determination that if a Member wants to vote, in virtually all circumstances, they should take the trouble to turn up here.

[Mr Rees-Mogg]

I hope that my right hon. Friend is wrong in saying that people are abusing the system. We have to have a system that works on trust, and that is one of the changes being made to the parental leave system: previously, evidence had to come from a doctor, but now we are accepting that hon. Members will behave honourably.

The motion states:

“The Speaker may certify that a Member’s eligibility for a proxy vote for medical or public health reasons related to the pandemic should take effect before the certificate is published in the Votes and Proceedings”.

It is for “medical or public health” reasons. That includes being in an area subject to a local lockdown; being unable to send children to school because of needing to self-isolate or because the school has required children to be at home for whatever reason; and issues relating to difficulties with public transport, which were more acute earlier in the crisis than they are now. It is a fairly broad definition because the circumstances are changeable and, to some extent, unknowable. It seems only fair to allow Members, on their own say-so and their own cognisance, to say to Mr Speaker that they feel they are in such a position that they need a proxy.

[Sir Edward Leigh]

May I press my right hon. Friend on that? Why do some Members have a proxy vote one week but are then here the next week, or they have a proxy vote and we see them wandering around the corridors? We all know that this is being abused, and I want the Leader of the House to give a firm commitment that he will not have this creeping corruption of our procedures.

[Mr Rees-Mogg]

Members with a proxy vote may only appear remotely. They may not appear in the Chamber. Mr Speaker has been absolutely clear on that. I would not expect Members who have a proxy vote to be in the precincts of the Palace, because if they can be here, they ought to be voting in person. Any Member who had behaved in that way would not be behaving within the spirit of the temporary Standing Order.

This system has allowed many Members to have their votes recorded, and in the current circumstances, I think it is right that we make the continuing provision for proxy voting. The broad eligibility criteria provide appropriate flexibility in the circumstances. Any Member who has any concerns related to the coronavirus must feel entitled to apply for a proxy vote, and I hope that this motion will be agreed by the House today. It will allow for the current temporary arrangements to be in place until 3 November 2020, in line with the arrangements for remote participation in the Chamber and other measures that facilitate social distancing.

Business of the House

Debate between Edward Leigh and Jacob Rees-Mogg

Thursday 16th July 2020 Commons Chamber

[Mr Rees-Mogg]

May I congratulate the hon. Lady on the birth of her child in February? There is no greater joy than a new life coming into the world. As regards how this House operates, the Procedure Committee is looking at the issue of proxy voting for maternity and paternity leave, which seems to be a scheme that has worked well. I know that the hon. Lady gave evidence to the Procedure Committee recently on that subject. Ultimately, though, Parliament must be a coming together of Members from across the country physically, and as soon as it is safe to have it entirely physical once again, that is what we must get back to.

[Sir Edward Leigh (Gainsborough) (Con)]

May I make a controversial statement—that we live in a parliamentary democracy? As regards wearing face masks, I do not think that there will be time, because the order has not been laid, to have a debate. Surely the Leader of the House—indeed, the Government—in a matter as controversial as the enforced wearing of face masks from an increasingly authoritarian Executive, know that there should be a debate here and a vote. After all, this is highly controversial and everybody in the country has a view. Up to 70 million people will be affected by it. Lincolnshire has an infection rate of 150 in 150,000, so we have natural social distancing anyway. Why can we not just have more democracy and less authoritarianism from this Government?

[Mr Rees-Mogg]

As I understand it—although I will be corrected if this is not right—it is a made affirmative statutory instrument that will have to come to the House in due course, in accordance with the normal procedures. But my right hon. Friend is absolutely right; we are a parliamentary democracy, so decisions made by the Government have to be supported by this House. It is worth bearing in mind that the House passed the emergency legislation which provided the powers for these things to happen.

Independent Complaints and Grievance Scheme

Debate between Edward Leigh and Jacob Rees-Mogg

Tuesday 23rd June 2020 Commons Chamber

[Mr Rees-Mogg]

The question of parliamentary privilege applying to the ICGS is one that will have to be determined by a court, and it is not entirely clear whether they would be covered by the article 9 rights. The reason we have to have a final vote in this House is that there is no court outside Parliament that can question the proceedings in Parliament. That is at the heart of the constitutional dilemma that we have been facing. It is also why we are making this fundamental break with the past.

In allowing an independent body to take such action we are making a really important constitutional change. We are doing this—and we are right to do this—because of the way that some Members have behaved, and we have to stop that happening in the future. As Leader of the House, I am ashamed when people come to see me and tell me what they have suffered; I am appalled at the stories they tell me and shocked sometimes that they have not been to the police about them when they are so awful. That is why we have to have this change, which hits at the heart of our constitution. The House knows that I have an admiration and affection for our constitution that does not seek to change it lightly.

Let me come to the panel and the level of member that we expect. The panel’s members must bring significant expertise to the process, and we will expect it to be led by somebody who has a standing equivalent to that of a High Court judge. It must also include knowledge of human resources, employment law, bullying and harassment cases and sexual harassment cases. In a serious case, three of the independent experts would consider the sanction in the light of the report and recommendation of the Parliamentary Commissioner for Standards. A further three would act as an appeal panel if necessary.

In cases considered by the panel that propose sanctions requiring action by the House, the panel would report directly to the House. At that stage, a motion would be moved by a member of the House of Commons Commission to implement the sanction, and it is at this stage where we find ourselves on the horns of a dilemma. On the one hand, it is constitutionally proper that a decision of this magnitude—the expulsion or suspension of a Member—can only be taken by the House as a whole. It is removing, in effect, albeit temporarily, the democratic representation of tens of thousands of people, and we can only take away that democratic representation by a motion of this House. It does not seem right that a decision that could overturn the result of an election in a constituency could be taken by unelected individuals.

[Sir Edward Leigh (Gainsborough) (Con)]

All bullying is horrible and goes against traditional good manners; we all accept that. I hope that the Leader of the House will emphasise the point that he just made: the fundamental difference between Members of Parliament and all other staff members is that we are elected by the people. We are responsible to the people, and the people must have the final say on whether we come here in the first place, when we leave and how we leave. That is very important. However distinguished an independent panel, only the people have the final say.

[Mr Rees-Mogg]

My right hon. Friend makes a crucial point: we are elected by the people, and we are answerable to them. That is why I support the principle that only the House of Commons holds the authority to make the decision to suspend or expel.

Business of the House

Debate between Edward Leigh and Jacob Rees-Mogg

Thursday 9th January 2020 Commons Chamber

[Mr Rees-Mogg]

I cannot give the hon. Lady a date for her diary, but the Government are prioritising that Bill. It is on the stocks and ready to be brought back soon—it will certainly be introduced before Easter.

[Sir Edward Leigh (Gainsborough) (Con)]

Can we have a debate on rail connectivity with the north of England? My hon. Friend the Member for Cleethorpes (Martin Vickers) and I have been campaigning for years for a through train from Grimsby via Market Rasen to London. This is a catchment area of up to a quarter of a million people with no through train. The Government want to introduce projects to help the north of England and they own London North Eastern Railway. Can we get the train done?

[Mr Rees-Mogg]

First, may I add to my answer to the hon. Member for Gateshead (Ian Mearns)? My right hon. Friend the Secretary of State for Transport has just issued a written ministerial statement on Northern Rail, which I hope will be helpful to the House.

I thank my right hon. Friend the Member for Gainsborough (Sir Edward Leigh) for his appeal for a through train and for his noting that the Government are trying to improve infrastructure in the north of England. His appeal will be heard, and I shall make sure it is passed on to the Secretary of State. What he is calling for fits in with the thrust of what the Government are trying to do, but that is not a promise.

Business of the House

Debate between Edward Leigh and Jacob Rees-Mogg

Thursday 5th September 2019 Commons Chamber

[Mr Rees-Mogg]

I take this opportunity to thank the hon. Gentleman, on behalf of the whole House, for the wonderful work he does on the Backbench Business Committee and in ensuring that the House gets to debate the issues at the forefront of its mind and that Parliament functions effectively. I take very seriously what he said about the debates that may come up after an election or a Queen’s Speech and that require attention before the Backbench Business Committee has been reformed.

As to my recumbent position, I assure the hon. Gentleman that my office is drawing up a position paper for me and is coming up with a recline to take.

[Sir Edward Leigh (Gainsborough) (Con)]

We have indeed had a panoply of questions, apart from the obvious one: when the motion on the early general election is considered at the end of Monday, will the Bill that the House of Commons passed yesterday on ruling out no deal have received Royal Assent? The reason I ask is that I distinctly heard the Leader of the Opposition say yesterday that once the Bill became law, he would vote for an early general election. Does my right hon. Friend agree that it would be quite extraordinary, after this long Session of Parliament, which is clearly deadlocked, if every Member of Parliament—or at least two thirds—did not vote for an immediate general election to put this to the people?

[Mr Rees-Mogg]

It is indeed an addled Parliament that is not able to get things done, and the conclusion that my right hon. Friend draws is correct. Royal Assent will be given speedily once the Bill has completed its passage through the House of Lords and come back to us, if necessary, with any amendments. I obviously cannot predict what their lordships will do, but if it completes those stages, it will receive Royal Assent, and speedily.

Business of the House

Debate between Edward Leigh and Jacob Rees-Mogg

Thursday 25th July 2019 Commons Chamber

[Mr Rees-Mogg]

I am grateful for the hon. Lady’s question. She was herself a very distinguished shadow Leader of the House and she is somebody I have great admiration for in her appreciation for the Commons as an institution. I absolutely assure her that I take that part of my role extraordinarily seriously. I have perhaps a somewhat romantic view of the House of Commons—one I think I share with you, Mr Speaker—in that I believe it is our job to hold the Government to account, not simply to facilitate whatever the Government want to do. However, this House passed into law the European Union (Withdrawal) Act 2018 and the article 50 Act, and we only speak our view by legislation. We do not speak our view by mere motion, and mere motion cannot and must not overturn statute law. If that were to happen, we would not have a proper functioning representative democracy; we would have an erratic, changeable and irregular system of government.

[Sir Edward Leigh (Gainsborough) (Con)]

What a pleasure it is to welcome my hon. Friend to the Dispatch Box: a fellow Ultramontane Catholic. I am not sure that many people here know what that means, but my hon. Friend knows—perhaps luckily.

My hon. Friend has a firm grasp of history; perhaps some would say he is living history. Does he agree that so much of the work we do here depends on our being here in the Palace of Westminster? I do not want to pin him down because I do not want him to rule anything in or out at this very early stage, but is he aware that many of us believe that if we do have to leave this Palace, it should be for as short a time as possible; that when we return, it should be exactly as it is now; that our priority should be the safety of the building; and that we should care about heritage, particularly the heritage of Richmond House?

[Mr Rees-Mogg]

I share my right hon. Friend’s admiration for the late Pope Pius IX. In terms of this House, what it represents and the symbolism of this building, what our Victorian predecessors did was to show, through their architecture, their belief in their democratic system and their confidence in our great nation. We should never do anything that undermines that. The idea that we should be in some modern office block in the middle of nowhere, or that we should fail to have the understanding and the glory of our democracy that this House, through its building, shows is one I utterly reject.

Scotland Bill

Debate between Edward Leigh and Jacob Rees-Mogg

Monday 6th July 2015 Commons Chamber

[Mr Rees-Mogg]

I wish Doris Day many happy returns, albeit somewhat belatedly, but the hon. Gentleman is not right that all these Scottish taxpayers have paid more tax for 31 years, because some—very distinguished—SNP Members of Parliament are not 31 years old, so certainly have not been paying tax for that long.

[Sir Edward Leigh]

My hon. Friend is giving a very fine Tory speech, not one from the Whiggish camp as we have been hearing from others, but I wonder whether in the deepest recesses of his soul he is a Jacobite, and thinks that if there had been a different settlement we may not have had this problem. The serious point, however, is that we must allow the Public Accounts Committees of both Parliaments to look at the royal finances properly, which they cannot do at the moment.

[Mr Rees-Mogg]

I think that that is a terrible Jacobean, rather than Jacobite suggestion. Although this is not immediately relevant to the debate, I do not think the Public Accounts Committee should be looking at the royal finances. Her Majesty should be allowed some privacy on that, but that is a side issue.

European Union Referendum Bill

Debate between Edward Leigh and Jacob Rees-Mogg

Tuesday 16th June 2015 Commons Chamber

[Mr Rees-Mogg]

I was making a slightly different point. I was saying that it is going to need to be tougher than the Government would have got away with had they come through with a limited change at an earlier stage. The Government said they would scrap the whole of section 125, and there is now suspicion that there was an ulterior motive for that. To allay that suspicion, the Government have to be very specific about the exemptions they want. It might be an exemption to vote in the Council of Ministers, and that would not be unreasonable, but would I give them an exemption to announce from the hilltops that they had lots of money from the EU to build a new factory in a key swing area of the country? No, I would not; I would think that would be about fiddling the result, if they wanted a yes.

[Sir Edward Leigh]

A lot of nonsense is talked about restricting the Prime Minister in what he can say. I do not remember the Prime Minister being particularly reticent during the general election campaign, and there is no reason why he would need to be reticent during this referendum campaign. If he is leading the no campaign, or more likely the yes campaign, of course he can say exactly what he wants. All we are arguing is that the machinery of government should not be used. We do that perfectly well during general election campaigns, and we know the difference.

[Mr Rees-Mogg]

My hon. Friend is right and will no doubt recall the 1970 general election when Harold Wilson, as Prime Minister, was not allowed to reveal the trade figures that came out immediately after the general election even though he knew them and they would have been very helpful to him. So there have been cases in which Prime Ministers were prohibited from making announcements on the basis of purdah, and I think it would be quite right to follow them in the context of a European referendum.

It was pointed out earlier that the reason the Government are so worried about this is part of the problem—namely, that the EU is involved in so many aspects of our lives that what they are restricted from doing will be much broader than it would be for a normal referendum. That makes it all the more important that this purdah is strictly observed.

We are arguing about whether the situation in which our lives are organised by the EU should remain or whether we should do something different. If, in the month or six weeks before the referendum, popular announcements about the EU were made but unpopular ones were held back—or vice versa—that would be completely improper.

Scotland Bill

Debate between Edward Leigh and Jacob Rees-Mogg

Monday 15th June 2015 Commons Chamber

[Sir Edward Leigh]

The hon. Gentleman can vote for my new clause, if that is what he believes. That scenario is on offer tonight, and he can vote for it. As a No. 10 spokesman said helpfully over the weekend—it is not often that No. 10 spokesmen have supported my new clauses, but I am grateful to him—the new clause

“is the acid test for the SNP over whether they will back their own policy”.

A Labour party spokesman helpfully said over the weekend, “They can have full fiscal autonomy by 10 o’clock tonight if they want to vote for it.”

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

Those of us who have a Eurosceptic point of view, as my hon. Friend does, have always been very cautious about fiscal autonomy without monetary autonomy. Would his amendment also enable the Scottish Parliament to have monetary autonomy?

[Sir Edward Leigh]

As my hon. Friend made that point last week, I was waiting for it. If he will be patient for a moment, I will finish a couple of sentences and come directly to him, because this is the kernel of the matter.

Under my proposals, the Barnett formula would be scrapped and an alternative formula based on need would be created. In the modern world—in modern finance—we create formulas based on need.

--- Later in debate ---

[Sir Edward Leigh]

Full fiscal autonomy results in full responsibility. That is what real Parliaments do.

Responsibility for bereavement allowance, bereavement payment, child benefit, guardian’s allowance, maternity allowance, statutory maternity pay, statutory sick pay and widowed parent’s allowance will all remain reserved and administered by the Department for Work and Pensions. Why? The Smith commission further proposes a complex system for sharing responsibility for income tax. Why? That is all affected by an oscillating block grant. As I have said, how can SNP Members promise lower taxes in an election or higher spending unless they are masters of their own fate?

What are the objections to full home rule? What are the real objections to full fiscal autonomy, apart from the fact that we appointed a Lord Smith—with lots of no doubt very worthy people—to produce a report, which has been overtaken by events? We are told that full fiscal autonomy will result in tax competition within the Union. What is wrong with that? That is what keeps the American states vibrant and competitive with one another and continually innovating. Do we not insist that our taxes in Britain compete with those of Europe? We are told that tax competition would create downward pressure on taxes. Well, I am sorry about that. Why should the Scottish Parliament not be able to lower or raise air passenger duty? It can do whatever it likes. I know it has had that power and it will be allowed it under Smith, but if that power is allowed, why not powers for other things?

On Second Reading, my hon. Friend the Member for North East Somerset said that a single currency requires fiscal and monetary union, with the implication that that is proved by the Greek experience. Surely he is not suggesting that the Scots are Greeks, or that the Scottish economy is as different from England’s as Germany’s is from Greece’s. No; Scotland can thrive with full fiscal autonomy because Scotland has the will and the skills to do so. It has universities, research, manufacturing, logistics, light manufacturing, oil and gas, food and drink and a flourishing creative sector. [Hon. Members: “Hooray!”] Vote for my new clause.

[Mr Rees-Mogg]

I agree with all the wonderful things my hon. Friend has been saying about Scotland, which are so clearly and self-evidently true. The point I was trying to make is that if a country has fiscal autonomy and issues debt in a currency other than its own, it may well get squeezed in the way seen not only in Greece, but in Italy and Spain, and in countries across Asia during the Asian financial crisis in the 1990s. For a country to have fiscal autonomy without its own currency is a recipe for economic failure. To go back historically, the same was true of the gold standard in the 1930s.

[Sir Edward Leigh]

That is a very fair point. I agree that that is a matter for debate. I have already made the point that Scotland’s situation is very different from that of Greece. I am actually suggesting that we remain a United Kingdom, with a sharing of the national debt. Nothing is more debilitating in this whole debate than saying, “That bit of the national debt is yours, or this bit is mine.” We are back to the same dreary arguments about who is responsible for spending and when. My hon. Friend makes a serious point. If we achieve full fiscal autonomy, which I believe is inevitable—whether it happens now or in five years time, it will happen—the Scottish Parliament and the Scottish Government will have to act responsibly and live within their means. I have confidence that they will do so.

Recall of MPs Bill

Debate between Edward Leigh and Jacob Rees-Mogg

Monday 27th October 2014 Commons Chamber

[Sir Edward Leigh]

To be honest, I do not really understand that intervention. I have mentioned the hon. Member for Bradford West, Tam Dalyell and Ian Paisley, and I have done some research on which Members have been thrown out for expressing their opinions. Since the Bill of Rights, the only one to be thrown out has been John Wilkes, Before the Bill of Rights—this is quite important; people have always felt this to be a crucial part of the liberties of this country—it was quite common to throw Members out. For instance, one Member was thrown out for inventing orders from the Duke of York to down sail, which prevented England from capitalising on its naval victory off Lowestoft in 1665. Another Member, Edward Sackville, was thrown out because he denounced Titus Oates as a “lying rogue” and he disbelieved in the Popish plot. Another one was thrown out for associating with the Duke of York in alleged complicity in the meal tub plot, and so it goes on. So it was actually very common to throw people out for expressing opinions that the Executive did not like.

[Jacob Rees-Mogg]

The early examples of people being thrown out were not necessarily because they offended the Executive, but often because they offended the House. The Popish plot was not popular with the Executive—they were reluctant to believe it—but the House of Commons was obsessed by it.

European Union (Referendum) Bill

Debate between Edward Leigh and Jacob Rees-Mogg

Friday 17th October 2014 Commons Chamber

[Sir Edward Leigh]

rose—

[Jacob Rees-Mogg (North East Somerset) (Con)]

rose—

Mitochondrial Transfer (Three-Parent Children)

Debate between Edward Leigh and Jacob Rees-Mogg

Wednesday 12th March 2014 Westminster Hall

[Jacob Rees-Mogg (North East Somerset) (Con)]

I am grateful that the debate has been granted and for the opportunity to serve under your chairmanship, Mr Pritchard. I am delighted that the Under-Secretary of State for Health, my hon. Friend the Member for Battersea (Jane Ellison) will reply, because she is one of the most highly regarded Ministers in Her Majesty’s Government. I would also like to thank my hon. Friend the Member for Congleton (Fiona Bruce) for all her help in preparing for the debate, as well as Dan Boucher, Helen Watt and Luke Gormally.

It is important to begin the discussion by explaining what is at stake with three-parent babies and mitochondria. Mitochondria are the organelles within every cell responsible for the generation of cellular adenosine triphosphate energy. That passes entirely in the maternal line and can carry serious diseases.

There are two means of replacing the mitochondria. Maternal spindle transfer, or MST, takes place before in vitro fertilisation. The spindle, which carries the genes in the nucleus of the egg, is removed from the healthy donor egg and replaced by a spindle taken from the egg of the commissioning mother—that is, the woman at risk of passing on mitochondrial disease. All other parts of the donor egg, including the healthy mitochondria, are left in place. The combined egg is then fertilised by the father’s sperm, and the embryo has three parents: the spindle mother, the egg donor mother and the father. Genetic parenthood is complete in the case of the father but fragmented in the case of the two mothers.

In pronuclear transfer, or PNT, two embryos are created by IVF. One, the embryo of the commissioning women, will have its mother’s affected mitochondrial genes. The other is the healthy embryo of an egg donor. The embryos are combined using a technique somewhat similar to that in the cloning of Dolly the sheep. Interestingly, the licence for the experiment was adapted from the licence originally given for Dolly-style cloning.

[Sir Edward Leigh (Gainsborough) (Con)]

Given that this is obviously an incredibly important matter, akin to cloning, with a child having several parents—I know of no other country in the world that has done this—does my hon. Friend think it should be the subject of a full debate on the Floor of the House?

[Jacob Rees-Mogg]

I certainly think that this matter ought to come to the Floor of the House. I understand from an earlier debate that the Government are committed to full parliamentary scrutiny, but no doubt the Minister will confirm that.

To continue on PNT, at the one-cell stage the donor embryo pronuclei containing the nuclear genes are removed, killing that embryo. The partially gutted donor embryo with its healthy mitochondria is then used to form a new embryo when the pronuclei harvested from the commissioning woman’s embryo are inserted. Harvesting the pronuclei from the commissioning woman’s embryo kills that embryo.

It is important to understand that the techniques are non-therapeutic. They are in no sense a cure for children who are already born, nor do they pretend to be. Rather, the techniques create new people with altered genetic composition—genetically designed individuals who will not inherit mitochondrial disease. Although the mitochondrial DNA is around only 0.1% of a person’s total DNA, a little leaven leavens all the bread, and a different person is thereby created.

The proposed techniques all promote germ-line genetic modification. That is an infinite change that will lead to all the descendants of someone treated in this way being changed, the consequence of which cannot be known.

Citizenship (Armed Forces) Bill

Debate between Edward Leigh and Jacob Rees-Mogg

Friday 17th January 2014 Commons Chamber

[Sir Edward Leigh (Gainsborough) (Con)]

It is a great pleasure to support my hon. Friend the Member for Woking (Jonathan Lord) as he brings the passage of this Bill in this House to a conclusion. I was here during its gestation period, on Second Reading, and I am happy to be here now to support it as it is finally delivered. You were in the Chair on Second Reading, Mr Speaker, and I wearied you with a speech of nearly half an hour, so you will be pleased to hear that as this is Third Reading, my remarks will be very brief.

[Jacob Rees-Mogg (North East Somerset) (Con)]

Mr Speaker, I do not believe you ever weary of listening to speeches in this Chamber.

Prime Minister (Replacement) Bill

Debate between Edward Leigh and Jacob Rees-Mogg

Friday 29th November 2013 Commons Chamber

[Sir Edward Leigh]

I entirely accept that the scenario my hon. Friend describes is different from the events of May 1940 or the resignation of Margaret Thatcher. Luckily, not many Prime Ministers have died in office. Spencer Perceval was assassinated in the Lobby, a few feet away. As my hon. Friend may remember, Campbell-Bannerman died in office. He was replaced by Herbert Asquith in a perfectly normal way, and from my reading of the history books, I do not think that anybody at the time suggested that the procedures for appointing him were in any way wanting. He was a man of outstanding abilities, albeit he was a Liberal—I know that that is a severe disadvantage in my hon. Friend’s eyes—but for all that, there does not seem to have been any difficulty about his appointment.

[Jacob Rees-Mogg (North East Somerset) (Con)]

As I recall, Campbell-Bannerman did not die in office, but he did die in Downing street. Asquith allowed him to stay in Downing street after leaving office because he was so seriously ill, but the leadership had changed.

[Sir Edward Leigh]

It is a severe mistake to refer to any aspect of history when my hon. Friend is in the Chamber. I talked only this week to David Campbell Bannerman, who is an MEP—he was in UKIP but is now, I am glad to say, in the Conservative party—and he told me that story. Campbell-Bannerman was of course a very sick man and could have died at any moment, but he died in Downing street a week, I think, after he resigned as Prime Minister.

I accept that my hon. Friend the Member for Wellingborough is making a brave thrust at a very unfortunate and very rare situation, but I assure him that such playing around with our constitution is very dangerous. I have to tell him that it is what we would expect from our Liberal friends. I would have thought better of him, and that he would have trusted in the good sense—

--- Later in debate ---

[Jacob Rees-Mogg]

I am very worried, given that this is a major constitutional point, that someone is suggesting that Bills introduced into this House can be limited. As long as the sovereign has consented to our considering matters pertaining to Her Majesty’s prerogative, we can put anyone on the list. We could put a lottery winner on it, if we wanted. The House has a right to legislate as it sees fit and not to be held back. There are examples of Speakers going on to be Prime Minister. One thinks of Addington and remembers the little ditty:

“Pitt is to Addington as London is to Paddington”.

It was said rather disparagingly of Paddington, which was thought not to be much of a place in the early 19th century, but which is now a grand place, of course, with a wonderful railway terminus. None the less, Speakers have gone on to be Prime Minister, so I see no reason not to include Mr Speaker on the list.

I have concerns about the list itself, however, partly because it does not refer to people by their proper titles, which I think is an error, and partly because it does not include people in the right order of precedence. The Deputy Prime Minister is in fact the Lord President of the Council, and though he calls himself “Deputy Prime Minister”, there is nothing in the constitution that makes that a proper post. It is just a title given out by Prime Ministers when they face a little political awkwardness and to keep their party on board. I think it was first given to Rab Butler when he needed a sop to cheer him up. It was then given to Lord Heseltine when John Major thought it was a good thing—

[Sir Edward Leigh]

Geoffrey Howe.

[Jacob Rees-Mogg]

Oh, I was forgetting about Geoffrey Howe, who was given it when he fell out with the great, almost divine Margaret Thatcher. It didn’t work anyway; it didn’t cheer him up, and he resigned in a huff not much later. It was then given to the noble Lord Prescott to keep the left of the Labour party on board. It is not really a proper constitutional position, whereas the Lord President of the Council—well, he is the fine fellow who makes us regulate the press and goes along to get royal charters introduced.

I am also very disturbed that the Lord Privy Seal is not referred to correctly. In my view, he should be particularly high up the list, because we have such a fine Lord Privy Seal. It is worth bearing it in mind that the title of “Leader of the House” used to be held by the Prime Minister himself, which is a reminder of why that position is of such fundamental importance. Control of the programme of the House is essential to government, and the man or woman in charge of that is a most senior figure in the Government—as I say, it used to be the Prime Minister—so I should like the Lord Privy Seal to leapfrog all the way up, probably ahead even of the Deputy Prime Minister, in recognition of the reality and seriousness of the role.

House of Lords Reform (No. 2) Bill

Debate between Edward Leigh and Jacob Rees-Mogg

Friday 18th October 2013 Commons Chamber

[Sir Edward Leigh]

Indeed. So that provision would hardly make any difference.

The main problem with the House of Lords is that there are too many people there. It is not that the Benches are overcrowded or that people have to turn up early to speak. The problem with having too many people in the House of Lords is that it gives too much power and patronage to the Government. The Bill will make absolutely no difference to that. That is not a reason to oppose it, however.

Our debating these important constitutional points today gives us an opportunity to say that the Government are in a difficult position on this matter. They introduced a massive Bill last year that would have fundamentally changed the relationship between the two Houses of Parliament. It would effectively have created an elected House of Lords and put people in there for a 15-year term. Such a dramatic, radical step would have offended many Conservative sensibilities, and the Government failed to achieve consensus on the Bill. They also tell us constantly that they are worried about the other place because there are too many people there, yet they go on stuffing it—I use the word advisedly—with more and more political placements. It has reached the stage where even someone like me could hope to go to the House of Lords.

[Jacob Rees-Mogg]

If that happy day were ever to come, would my hon. Friend be one of the 92 full-blooded hereditary peers?

[Sir Edward Leigh]

I am perhaps not quite such a reactionary as my hon. Friend. I fear that his idea of reforming the House of Lords would be to get rid of all the life peerages and to return to the hereditary principle.

I do not go along with the Groucho Marx rule that it would not be worth being a member of any institution that would have me as a member. We all know, however, that in the past the House of Lords was reserved for people who had delivered extraordinary service to the nation, for example by serving in the Cabinet. My hon. Friend the Member for Bury North (Mr Nuttall) said that only a quarter of the Members of the other place were former politicians, but when I go there these days, it is like looking at the House of Commons of 10 years ago. The same people are now there, and I believe that that gives far too much power and patronage to the Government.

For what it is worth, I would reform the House of Lords by going a lot further than the Bill and getting rid of the fundamental iniquity whereby the Government can go on appointing more and more people to it. I would set an upper limit on the number of its Members. It would be reasonable to set a maximum size of 650, the same as the House of Commons. That would concentrate minds and ensure that only the most distinguished people, such as former Deputy Speakers of the House of Commons, could end up there. We should aim for that level of distinction, Madam Deputy Speaker. My serious point is that setting an upper limit would concentrate minds. It would also prevent Governments from threatening to create extra peers if they could not get their way in relation to a particular Bill.

I cannot believe that there cannot be a mechanism for retirement. I am not talking about a voluntary mechanism. After all, if cardinals have to retire at the age of 80, why should not Members of the House of Lords do so?

--- Later in debate ---

[Jacob Rees-Mogg]

My hon. Friend knows that cardinals do not retire at the age of 80, and that they are merely excluded from the conclave that votes for a new papacy.

[Sir Edward Leigh]

I did know that. I share with my hon. Friend a certain interest in those matters. It would be perfectly possible to allow Members of the other place who were over 80 to attend and go on using the facilities, but not to vote. That would put them on a par with the cardinals. I believe that setting a sensible retirement age and placing a limit on the number of peers would solve many of the problems.

The importance of this very small Bill in terms of constitutional change is that, if by some miracle it gets through its Second Reading by 2.30—I hope that it does, and there is no reason why it should not—and if it proceeds through the House of Lords in the ordinary way, we will have established the principle that it is possible to make these small, incremental changes.

We have been talking about these matters for a very long time. We started with the Parliament Act 1911, after which came the Bryce commission, which was set up by Lloyd George following the interregnum of the first world war. The commission failed to agree on any proposals. It is interesting to note that most people then favoured a House of Lords with 246 Members, chosen by MPs, from different geographical regions. I have said that there is something wrong with the size of the House of Lords, but there is also something wrong with the geographical spread of its membership.

About 22% of Members of the House of Lords come from London, and 18% come from elsewhere in the south-east. Only 2.94% come from my region, the east midlands, and 2.2% come from the north-east. That geographical concentration on London is a problem, and the House of Lords has become the home of the metropolitan liberal elite. I am sure that my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) would agree that it is a sad fact that there are probably now more social conservatives in the House of Commons than in the House of Lords. Without wishing to get into the whole subject of gay marriage, we saw that, when that legislation was passed. The membership of the House of Lords is not spread widely enough, geographically. If it had more Members from the midlands and the north of England, we might get a more representative debate.

I have mentioned the initial reforms that attempted to achieve such a geographical spread, and the Bryce commission, which proposed those ideas in 1922. At that time, people were still talking about limiting membership of the House of Lords to hereditary peers, albeit with some kind of election by the House of Commons. All along, however, and even in those early days, and there was a determination not to upset parliamentary conventions, as does this Bill, which I like, so there was no power to amend or reject money Bills and the Parliament Act would not apply. The gradualist notion that my hon. Friend the Member for North Warwickshire is talking about is important because it means that the fundamental conventions, which primarily ensure the supremacy of the elected House of Commons, are not affected. All those who take part in these debates must constantly repeat the point that no Bill should so radically alter the House of Lords or make it democratically justifiable in some shape or form that the supremacy of this House of Commons, which has been supreme now for over 100 years, would in any way be questioned.

The Marquess of Salisbury proposed a scheme based on the Bryce idea and that received a Second Reading in 1934, but again no progress was made. An inter-party conference on Lords reforms in the late 1940s agreed on nine principles, and I do not think any of them would be affected by this Bill, and none of them would fall foul of the notion of gradualism. They included the principle that no party should have overall control of the reformed House, that life peerages would be created, that women would be allowed to be Members and that allowances would be introduced. They at least had the right idea, therefore, which was that they should reform gradually.

The Life Peerages Act 1958 brought in life peerages, while the Peerage Act 1963 allowed all Scottish hereditary peers, previously subject to election as representative peers, as well as peeresses, to sit in the Lords in their own right, and we all know about the innovation of disclaiming a hereditary peerage, à la Tony Benn.

The Parliament (No. 2) Bill 1968 would have introduced various changes so that primary legislation was subject to shorter delays and so that the Commons had the power to override a Lords veto of statutory instruments. Harold Wilson dropped the Bill in order to allow time for more pressing Government business.

We are all familiar with what happened in 1999, so we do not need to rehearse it. That reform produced roughly the House of Lords we have today. What is interesting is the sheer number of reports that have followed it: the Wakeham commission of 2000, the White Paper, “Completing the Reform”, of 2001; the first and second reports of the Joint Committee on House of Lords Reform of 2002; the Government consultation paper, “Constitutional Reform: next steps for the House of Lords” of 2003; the Labour White Paper, “The House of Lords: reform” of February 2007; and its Green Paper, “The Governance of Britain” of July 2007.

These involved a wide variety of plans for mostly, or completely, elected Chambers. The point is that no consensus was ever found, and it is my contention that no consensus will ever be found, so let’s get over it. Perhaps we should send buses around London bearing billboards saying, “The House of Lords will not be elected: get over it,” because that is the reality. No consensus will ever be found in the House of Commons to create any kind of elected House of Lords, and that is why the approach we are trying to follow today is right and important.

The addition of any element of a reformed Chamber that includes directly elected Lords threatens the whole raft of conventions that have been carefully built up over 100 years, and which determine the relationship between the Commons and the Lords. These conventions are important and bear repeating: the Salisbury convention regarding Bills implementing manifesto commitments; the convention that the Lords do not usually object to secondary legislation; the convention that the Government should be able to get their business done in reasonable time; the financial privilege of the House of Commons; and the convention on the exchange of amendments between the Houses. These conventions are not unimportant. They are central to our constitution and I believe they have to be preserved because they conserve the supremacy of the elected House of Commons.

I am not in favour of these conventions being codified, because the lack of codification gives them a flexibility whereby they can adapt and change slowly over time. That is what we are doing with this Bill: we are slowly changing things over time. This adaptability and the ability to bend is a strength of the British parliamentary system and of our common law: it bends rather than breaks.

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[Jacob Rees-Mogg]

But the Bill does not say that. If it is a matter for the Standing Orders of the House, that is a completely different kettle of fish.

The Bill is clear that peers must attend the House unless they have leave of absence, and it has to be assumed that leave of absence must be applied for and is not arbitrary, but there might be circumstances in which peers cannot apply for leave of absence. It is possible to envisage circumstances in which they might not wish to apply for leave of absence but, for sensible political motives, do not want to attend the House. For example, if a Government obtained a majority in this House on a very small minority of votes in a general election, which is not impossible, and then used the Parliament Act aggressively to overrule the House of Lords, a peer or group of peers might say that democracy had been abused and that they would not attend until after another general election. Would they then be excluded for making what might be a perfectly valid political point?

In this House we have the Sinn Fein Members, as my hon. Friend the Member for Worthing West (Sir Peter Bottomley) mentioned earlier. It is hard to see them accepting peerages in the first place, but let us imagine that as a result of the peace process a member of Sinn Fein accepted a peerage. If they then decided that the peace process were not going the way they wanted and that they had gone too far and had to withdraw from the House, would we then take the constitutional step of expelling them, or would we say that it would be better for them to remain? The difficulty with that, and the reason I am not in favour of the clause, goes back to the point my hon. Friend the Member for North Warwickshire made about that being done through the Standing Orders of the House. Attendance or non-attendance is a matter for each House to decide for itself; it should not be determined in legislation.

[Sir Edward Leigh]

Apparently in 1917 the House of Lords expelled two of its Members for being enemies of the King, so presumably there is a procedure whereby the House can expel its Members and it does not require legislation. Is that right?

[Jacob Rees-Mogg]

I will come later to the Titles Deprivation Act 1917, which is how those enemies of the King were expelled—I believe that they were a couple of royal dukes and one other rather more obscure peer who had got caught up with the Austrian army.

The House of Lords does not have the right to expel its Members, unlike the House of Commons, and for good reason. The House of Commons has that power, and always used to use it in relation to those who went to prison, but Members who are expelled can immediately stand for re-election, so the expulsion can be tested by the electorate. That seems to me to be an important safeguard.

The relatively modern Representation of the People Act 1981, which allows for the automatic expulsion of MPs imprisoned for more than a year, was intended to deal with an immediate political problem relating to the hunger strikers. As Members will remember, Bobby Sands was elected while on hunger strike in prison. It was enormously politically awkward for the Government that Members of Parliament were dying on hunger strike, so a law was rushed through to debar automatically people from standing for election to this House if they were in prison. That undermined the right of this House to regulate its own business. It was a bad emergency Act carried out for a political purpose, rather than a high constitutional one.

The House of Lords has never been able to expel Members, although it can suspend them and still retains a vestigial right to imprison them during the course of a Session. The reason is that it was always thought that it would enhance the powers of the Crown too greatly if it, by using a majority that it could cobble together through its patronage in the House, could remove obstreperous Members. The only way to remove peers was by a specific Act of attainder—as Members will recall, such Acts were used against people such as Stafford, who was expelled from the House and his titles struck down—or by bringing an action against a Member for treason. His titles would technically cease just before his execution; they would go with the Act of Parliament or the impeachment for treason. So there is a process to expel peers, but the reason it is very long and difficult is the fear that the prerogative power and the patronage of the Crown would be used to determine the membership of an upper House.

That is the historical context on why peers can only be suspended and not expelled. The Lords does have that power to suspend, in accordance with its Standing Orders. Much preferable to the clause on removal for non-attendance would be entirely to delegate that to the Standing Orders of the House of Lords, whereby a peer who was absent for a certain period would have to make a submission to return, would have to explain the reason for the absence, and would be suspended for the rest of the Parliament if those explanations were not satisfactory to the Lords. That would allow for the flexibility that would be needed in the case of a prisoner of war, somebody who was kidnapped, or somebody who was imprisoned in a foreign country. One can envisage that, say, in the case of a peer who had been involved with the Greenpeace demonstration in Russia, found guilty of piracy and sentenced to 15 years in prison, the House of Lords might want to waive proceedings on the absence ground even if it had already done so on the criminality ground.

[Jacob Rees-Mogg]

I am grateful to my hon. Friend for his intervention. It is conceivable that the peer in prison would be able to apply for leave of absence, but it is also possible that such facilities would not be made available. It would depend on the country in which he was imprisoned. The absence and attendance point is really a matter for the House of Lords under its Standing Orders. The Lords can deal with it perfectly adequately, and there are disadvantages to legislation.

The main disadvantage to legislation on the internal workings of either House is that it brings in the courts, contrary to the Bill of Rights, which is absolutely clear that no court is allowed to second-guess any decision or activity of the proceedings of either House. What is not clear is what counts as a proceeding. That has been discussed in the courts, leading to the Act of Parliament in the middle of the 19th century that allowed parliamentary publications to be covered by the exemption because there was a doubt as to whether privilege extended to what was in Hansard and therefore whether we might be free to say things in this Chamber but nobody was then free to report what we had said. That was clarified by an Act of Parliament to make it clear that even if Hansard is not a proceeding in this House, it is still covered by privilege. The courts are entitled to investigate areas that may not be proceedings or to determine whether something is a proceeding.

The courts intervening in the legislature involves a fundamental constitutional principle. We have always tried to avoid it, because it delegates ultimate control of the political nation to an unelected judiciary away from the democratic arms of the state that are here in Parliament assembled. I accept that the House of Lords is not democratically elected, but it comes with the certificate, in effect, of the House of Commons and is controlled through the Parliament Acts, whereas the judges are not. It also used to be the case that if either Chamber were interfered with by the courts, the ultimate arbiter of the proceedings in either House would be the House of Lords, which was the highest court.

[Sir Edward Leigh]

Those who were arrested and charged with offences during the expenses scandal tried to use this argument and the judges struck it down. Were they right to do so?

[Jacob Rees-Mogg]

My hon. Friend makes a helpful point. That is the nub of the matter: the courts can determine what is a proceeding in Parliament, and although proceedings in Parliament are exempt it is arguable that a certificate issued by the Lord Speaker is not a proceeding in Parliament and that it is, therefore, challengeable in spite of the wording of the Bill, which was questioned earlier, that the certificate

“shall not be questioned in a court of law.”

That has been tried before. I remember the then Home Secretary, now Lord Howard, introducing a Bill that said that a certain something could not be reviewed by the courts, but the courts did so and said that it was unconstitutional. We now have great difficulties in passing laws that deny the European Court of Human Rights and our own domestic courts access to determining things. Even if legislation says something, an appeal to a European court may overrule it. That is why it is important to try to keep as much as possible within the proceedings of the House, because those clearly and definitively cannot be challenged.

As I have said, the absence issue is ancient. Lots of people, when appointed or elected to Parliament, end up not wanting to come, and that has been true for centuries. They would rather stay in their constituencies. As has already been asked, where is everybody today? This House has procedures and mechanisms that we could use—they are ancient and, because of the whipping system, have tended to be allowed to lie waste in recent centuries—if we wanted to enforce attendance, which, in previous times, prior to the whipping system, we were much stricter about.

The House of Lords, of course, has a much weaker whipping system as well as Cross Benchers, who, inevitably, are particularly likely not to turn up on every occasion, because they are not payroll politicians. They are not there to provide a majority for either side or to try to disrupt business as Opposition peers; they are there to contribute what they know. Cross Benchers, modest Lords and Ladies that they are, realise that they do not know everything about everything, unlike Members of this House, who, I am glad to say, do know everything about everything, at least most of the time. Therefore, maintaining flexibility and trying to solve a long-standing historical problem that does not have much of a solution would be best left to their lordships.

[Jacob Rees-Mogg]

Absolutely. My hon. Friend is right. Given the looser whipping system, Cross Benchers do not necessarily know when the votes will take place. I have heard from some Cross Benchers that they feel that the votes are often deliberately scheduled for the point at which most of them will have gone home, because the party Whips prefer to keep the votes mainly among themselves, rather than have too many pesky Cross Benchers interfering, but that is anecdotal and may not represent the situation fairly. Others may want to dispute it. I agree that the position of Cross Benchers is particular and that voting certainly does not mean attendance. It is a different requirement. Indeed, activity in the Lords can mean different things: it can take place in general discussion, in Committee or on the Floor. I think that that is a matter for the Lords to determine for themselves internally, not for legislation, because legislation is ultimately justiciable, and then the courts get involved.

On the retirement or resignation issue, I raised one of my concerns in an intervention on my hon. Friend the Member for North Warwickshire, namely the ping-ponging of people from this House to the House of Lords and back again. I can foresee a circumstance in which a body of entirely professional politicians—people who have never done any work outside the political arena—stand for Parliament in a marginal seat and win one election but lose the next, upon which the party bosses put them in the House of Lords and then the week before the next election they stand down in order to stand for election in their former constituency.

That would be disadvantageous for a number of reasons. First, it would increase the patronage of the party leaders because they would be able to provide a steady stream of income for loyalists. Members of this House who are in marginal seats would be under great pressure always to vote along party lines, because they would see that they were at risk of losing their seat, but that there was a nice billet on the red Benches if they behaved themselves.

[Sir Edward Leigh]

Don’t Members think that already?

[Jacob Rees-Mogg]

I am not entirely sure that they do. Many Members of Parliament think that it is much better to be in this place and that the baubles of the other place—the strawberry leaves that one might get on one’s coronet if one wandered into the other place—are not sufficient compensation for moving on from this Chamber. I sympathise with that view. Strawberry leaves are wonderful, but better to be here without them than to be on the red Benches with them.

If it were possible to lose an election, be selected immediately for the constituency that one had just vacated, fight the campaign for five years as a peer of the realm, with all the advantages of expenses, envelopes and stamps, resign the week before nominations and then get back in again, that would be deeply unsatisfactory. It would be an improper way of using the constitution.

If people are to retire from the House of Lords, they should retire from politics. They ought not to be allowed back into the House of Commons. If they were allowed to come back, there should be an extended period of quarantine before they could do so. We should bring back the rabies rules: if somebody has been in the House of Lords, they should be kept safely out of the House of Commons for several years before we risk being bitten by them on their return.

It is important to consider what peers have committed themselves to. They know, when they are raised to the peerage, that it is an honour for life, but that that honour comes with certain disadvantages. The major two disadvantages are that they cannot vote in general elections and they cannot stand for Parliament. People do not have to accept a peerage. The Queen does not go around commandeering people and saying, “You’re going to the Lords, whether you like it or no!” They have agree to it, they have to go and see Garter, they have to discuss their title, and they have to pay for their letters patent to be drawn up so that they may be called “most trusty and well-beloved” subjects of Her Majesty and all those sorts of glorious things that we all like to be called. When they accept that honour, they ought to recognise that they have committed to give that service for the rest of their life. If ill health, old age or infirmity means that they are not able to attend, they still cannot take back the benefits that they sacrificed to take on the honour.

Retirement is a dubious principle at best, because people know what they are accepting. I also worry that it is ageist. I know that I do not often speak about equalities in this House—that is done by others more eloquently than I can do it. However, I believe that age discrimination is something about which this society should be increasingly concerned. That is partly because we have an ageing society, mixed with a peculiar cult of youth. I have never really subscribed to the cult of youth personally, as hon. Members will well understand. However, there has been a tendency in recent years to have younger political leaders and for older people to retire from the House of Commons at relatively young ages.

The last political area in this nation where age is really represented is the House of Lords. The bishops retire at 70 in the Anglican Church and at 75 if they are Catholics. Judges retire at 70. We are not quite being run by schoolchildren, but the youth of today are taking over. Where are the octogenarians and nonagenarians? They are in the House of Lords. That is a good thing because they represent many people in this nation. I know that it amuses hon. Members when I talk about nonagenarians, but we have a large number of them in society and many of them make a significant contribution to society and are actively involved in their communities and families. I am not sure that many nonagenarians are still working, but certainly many octogenarians are, and surely they should be represented. If there is one place where we can keep them, it is the House of Lords because there is no retirement age.

[Sir Edward Leigh]

My hon. Friend makes a good point about nonagenarians. The editor of the New Milton Advertiser is, I think, 92.

[Jacob Rees-Mogg]

I send my greetings and felicitations to that splendid gentleman and I hope that he continues for another eight years, so that he may reach his century. It proves my point: across society people are working to older ages, but legislation in the 1960s, 1970s, 1980s and 1990s has tended to impose tighter retirement ages, except in the House of Lords. I would not like the Bill to be used as a back-door way of introducing a retirement age. I accept that my hon. Friend the Member for North Warwickshire is sensible of that point, and that the Bill provides for retirement or resignation.

I dislike resignation, because if people sign up to a duty, they should not just walk away from it. That is lightweight and improper, and I find it hard to believe that any peer of the realm who has taken on that grave responsibility and high honour should then think that it is right to swan off and leave the House of Lords. They have taken their honour from their sovereign.

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[Jacob Rees-Mogg]

I am grateful to my hon. Friend. I would say it was analogous to an election court, where, if election fraud or misbehaviour during a general election was shown, a court would determine whether the seat had been won in a valid manner, because it is a second degree from the court’s action. The court’s action, or the Judicial Committee of the Privy Council’s action, would be to remove the title, and it would follow from that that there would a removal from the House of Lords. I feel it would also allow a proper flexibility to consider the circumstances and would not, as was brought up by another hon. Member, mean that a judge, in passing sentence, would know that a 365-day sentence disbarred and a 364-day sentence did not, and that this must add to the weight of sentence. What if the situation were that a judge, in handing down a sentence, said, “If you were Joe Bloggs, I would give you a year in prison, but because you are Lord Bloggs you will receive an additional punishment on top of a year in prison. Therefore, I am going to remit part of the sentence.” What then? How would the Act apply to that? It would have been a year, but it is discounted. There are issues relating to suspended sentences.

We ought to be careful about unintended consequences. I am particularly concerned about the ability of foreign courts’ judgments to be recognised and to disbar people from peerages. I assume this is done in relation to Lord Black of Crossharbour and that his conviction in the United States is viewed as having tainted him in such a way that his peerage should be removed. I have great doubts about the judicial process used against Lord Black of Crossharbour, whom it is not my intention to defend particularly. Somebody he worked with was threatened with judicial, criminal action that would, if he had been found guilty, have led to an exceptionally long sentence, but which, if he turned evidence against Lord Black, would give him three weeks in a country club; and he took the latter option, as we might all have done.

That is how American justice and plea bargaining works. Even if they think they are innocent, people are under such pressure to accept the low sentence they would get with a plea bargain and the consequences of protesting their innocence are so great, that they find there is an injustice against them automatically. Worse than that, the prosecutors use them effectively to bribe witnesses into saying that the other chap, who is not co-operating, did it. By protesting their innocence, the other chap—Lord Black, in this case—risks a very long sentence that we should not take any notice of in this country. Indeed, I think it is restrained of him not to use his vote in the House of Lords. I would not think it improper of him, because he has not been found guilty of any offence in this country.

Hon. Members might think that view is very little Englander, but I happen to believe that the standards of justice in the United Kingdom are higher than those in other countries. That does not mean to say that all other countries are unjust, but other countries’ systems have injustices within them, and this issue of plea bargaining in the United States is one that is particularly egregious. But it is not just the United States, which is a close ally and has a common-law system, a system that we understand; the system on the continent is not one that we understand or are used to as Britons. It has the Napoleonic code. As Geoffrey Boycott so memorably said when he was in front of a French court, it is all in French—of all the audacities! They have different sentencing processes as well, so a crime that in this country might be viewed as a relatively modest offence could be seen as a very serious one in a foreign country or could relate to things that in this country are entirely legal. For example, in some countries, homosexuality is still illegal and is persecuted strongly. Are we to say that a peer caught out in those circumstances should be disbarred from the House?

I accept that there is the exceptionalism, but that is the wrong way around. If somebody has been through a British court and had judgment against them, that is a perfectly rational basis for determining their membership of a British Parliament, but if some foreign court has found against them, it does not seem to me to raise the same issues. Some foreign courts are willing to try people in absentia; others—the Italian courts come to mind—are extraordinarily political in how they approach prosecutions and sentencing. In that respect, I have some sympathy with Mr Berlusconi, whom I think was persecuted by extremely left-wing judges who wanted to use a legal mechanism to get him out of office, which they succeeded in doing. I will not stand up for his moral conduct, however; that is a different matter entirely, and a direction in which we do not want to go.

Russia has arrested these Greenpeace protesters for piracy, and piracy is an extremely serious crime. I understand that it carries a 15-year prison sentence. It is highly unlikely that the UK would have treated those people in that way. Now, I cannot imagine that peers would go hurling themselves about in boats in that fashion; it is far too energetic and not a sufficiently noble activity, and the ermine might get in the way—not to mention that their coronets would be falling into the sea as they climbed up the oil rig—but it is not inconceivable that a peer might be caught out in such circumstances.

On a further point, we are seeing in the affair over European opt-ins and opt-outs the EU’s increasing efforts to create a body of criminal law across the EU. I must confess that I would oppose the Bill even more strongly if I thought that the EU would be able to determine the membership of either Chamber. Part of the expression of our nation’s liberty is our free ability to decide who rules us, and that free ability comes through these two Houses of Parliament, in which no foreign court should ever be given an automatic say. It would be different if someone were found guilty of an offence here but, as I have said, the Titles Deprivation Act 1917 provides a clearer, more suitable model that does not risk bringing the proceedings of the House under the eyes of the courts, because it would be the title of the peerage itself—the honour—that was in question, not the proceedings.

That leads me to my last point, which relates to clause 5. Subsection (2) states:

“A certificate may be issued on the Lord Speaker’s own initiative.”

We should be very careful about this, on two grounds. As I understand it—I am sure hon. Members will correct me if I am wrong—there are two instances in which the Speaker of the House of Commons may issue certificates. The first is under the terms of the Parliament Act 1911, to enable a Bill to be passed without the assent of the House of Lords. The second is under the terms of the Fixed-term Parliaments Act 2011, following the passing of a vote of no confidence in the Government to enable an election to be held.

Proposals to involve Speakers in tendentious political matters should always be a matter of concern to us. Speakers in the Commons have a long-established history of being independent arbiters of the businesses of this House. Actually, it is not that long. They have been independent for only about 150 years; before that, they were much more party political. The Lord Speaker is an innovation, a post created to replace that of the Lord Chancellor, and it is a very different role from that of the Speaker here. It does not involve keeping order or calling speakers. The Lord Speaker is a more ceremonial post, created to ensure that the House may legitimately sit. The Lord Speaker does not order the business. The House of Lords is self-regulating, rather than regulated by a Speaker.

When the post was introduced, the Lords were extremely concerned that the Lord Speaker might model him or herself—it has been “herself” so far—entirely on the Speaker of the House of Commons and might interfere in a way that is necessary only in a lower and less orderly Chamber. Of course, such interference is unnecessary when you are in the Chair, Mr Deputy Speaker, when we are all beautifully behaved, particularly on Fridays when everyone arrives with their shoes nicely polished. The better-behaved House of Lords resented the idea that it would need a Speaker of that kind, and I would be concerned about raising the profile of the Lord Speaker, contrary to what was promised when the lord speakership was introduced. I would also be concerned about the risk of bringing the Lord Speaker into the political arena and giving them a role that might not be purely administrative.

It is interesting to note that in the House of Lords Act 1999, the responsibility for issuing certificates was given to the Clerk of the Parliaments. That indicated that it was a purely administrative activity, but the power given to the Lord Speaker in this Bill would appear to involve judgment. Judgment begets politicisation, and it also begets challenge in the courts. I repeat what I said earlier about the risk of legislating in a way that would bring the right of the House to govern its own affairs into conflict with the courts. We do not want to get into that position, because the ability of either House to operate independently is essential to the free flowing of our democracy. Once the House of Lords’ procedures had been intervened on by the courts, it would not be long before the same happened to our procedures. A precedent would have been set. The more we use the ancient right of either House to regulate itself, and the less we legislate and involve the courts, the better it will be.

The Bill is genuinely good in parts, and I am very sympathetic to the idea of excluding criminals from Parliament. I am not unsympathetic to imposing some kind of sanction on people who do not turn up. I am, however, against the bits on retirement and resignation. One of the bits that I am in favour of ought to be achieved through the procedures of the House; the other bit ought to be done through a different form of legislation.

I shall conclude where I began by being strongly critical of the Government’s treatment of this first-class constitutional Bill.

[Sir Edward Leigh]

Does my hon. Friend think this should actually be a Government Bill? Were he to push for a Division on the basis of his notion that it should be a Government Bill and be taken on the Floor of the House, my hon. Friend the Member for North Warwickshire (Dan Byles) would have to ensure there were 35 Members voting. That underlines the fragility of private Members’ Bills.

[Jacob Rees-Mogg]

I think constitutional Bills ought to be given the proper time and that requires them to be Government Bills, because Government controls the timetable in the House. It seems to me that the only reason why this is not a Government Bill and has not therefore been thought through more carefully is to save the blushes of the Lord President of the Council, who said he would not support a future House of Lords reform Bill after not getting his way last year. I think we will see from the Division Lobbies when we put the motion to have a Committee of the whole House where the Government’s heart is in this.

I think the Government ought to be clear about their view and intentions. If they support this Bill, it deserves a Committee of the whole House. It deserves to be debated thoroughly and properly clause by clause. It deserves to be considered by the many constitutional experts this House has—who are not here on a quiet Friday—so they have full time to table amendments and to ensure it is scrutinised thoroughly and the best Bill is passed.

I will greatly regret it if the Government do not allow that to happen because there are good parts of this Bill on which everybody could agree. Presuming you allow the Division I shall ask for, Mr Deputy Speaker, ere long we will see whether the Government will allow a Committee of the whole House.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Debate between Edward Leigh and Jacob Rees-Mogg

Tuesday 10th September 2013 Commons Chamber

[Jacob Rees-Mogg (North East Somerset) (Con)]

I beg to move amendment 101, page 13, line 31, at end insert—

‘( ) In section 94(1) of the Political Parties Elections and Referendums Act 2000, after subsection (1) insert—

(1A) During a regulated period no controlled expenditure is to be incurred by any third party that is in receipt of public funds in the 12 month period prior to the start of the regulated period.”.

( ) In section 94(2) after “schedule 10” in line 3, insert “or by (1A) above.’.

[The Temporary Chairman (Sir Edward Leigh)]

With this it will be convenient to discuss the following:

Amendment 66, page 13, leave out lines 32 to 35.

Amendment 165, page 14, line 2, at end insert—

‘(3) Subsections (1) and (2) may not come into force until such time as the Electoral Commission has placed before Parliament a report on the impact of subsections (1) and (2) on relative controlled expenditure by political parties and non-parties in regulated periods.’.

Clause stand part.

--- Later in debate ---

[Jacob Rees-Mogg]

That is a gloriously roundabout way of examining this issue and it gives me an opportunity to pay tribute to a wonderful nanny who campaigns for me and who is now hard at work looking after my four children, which is a great thing for her to be doing. She was a volunteer when I campaigned in Glenrothes and therefore would in no sense have been caught by this clause. Although any payment that is made to her does come from me, it is not money that I receive from the public.

[The Temporary Chairman (Sir Edward Leigh)]

Order. We will go back to the amendment, thank you.

[Jacob Rees-Mogg]

Thank you, Sir Edward.

In response to the point made by the hon. Member for Bishop Auckland (Helen Goodman), British Telecom and Arriva are not going to establish themselves as third parties in a general election. What is the idea—that British Telecom is suddenly going to send us messages saying “Vote Labour” or “Vote for a particular candidate”? That is an absurd suggestion. Is Heathrow airport going to focus on a particular candidate?

--- Later in debate ---

[Jacob Rees-Mogg]

If my hon. Friend had been listening to all of the debate outside the House, which I am sure she has been, she will have seen that many bodies contributing to it are publicly funded. They receive money from the state that they are now spending on lobbying the state. It is therefore not the greatest leap to assume that there are bodies in receipt of money from the state that might be interested in elections. Why? Because they are the ones complaining that the Bill is so unfair on them. If they are complaining that the Bill is so unfair on them, it must be because they intend to spend some of that money on elections. My hon. Friend must therefore see that the case is made by the people she is oddly supporting. They have given a warning about what they intend to do. Having been warned, it is surely sensible to stop this happening and to say that it is wrong for taxpayers’ money to be used to fund third parties’ election campaigns.

[The Temporary Chairman (Sir Edward Leigh)]

Order. The hon. Gentleman is starting to go around in circles, albeit in an elegant way, so he might now bring his remarks to a close.

[Jacob Rees-Mogg]

If I had not taken so many interventions I would have finished. The key point is immeasurably simple. There is a duty of care with taxpayers’ money. There is a risk of impropriety if it is spent by third parties on elections. That impropriety is a greater temptation to a sitting Government who control the purse strings than it is to the Opposition who do not. It is something that ought not to be allowed. We do not fund our political parties for their campaigning. We ought not to fund third parties. We ought to make it illegal.

Succession to the Crown Bill

Debate between Edward Leigh and Jacob Rees-Mogg

Monday 28th January 2013 Commons Chamber

[Jacob Rees-Mogg]

Had my hon. Friend not been meeting His Royal Highness the Prince of Wales last Tuesday, he would have heard the debate on an amendment that I tabled to clarify this matter, because the current Bill, rather than maintaining any system of primogeniture, might simply create co-heirs. Of course, the concept of monarchy has an unfairness in it—the very word “monarchy” means that one will rule; it cannot be everybody in the country. However, the reasons for having discrimination on the grounds of faith—in 1688, formalised in the Act of Settlement in 1701—are very different from those that apply today.

Likewise, if you think back to Richard the Lionheart, Mr Speaker, as I am sure you often do, with his fine statue outside the House of Lords, you will acknowledge that it had been necessary since time immemorial to have a king who was able to fight, lead armies in battle and show his great strength, and that was easier for a male than for a female. The last king to lead troops into battle was George II.

Historically, therefore, there may have been reasons for having a religious discrimination, a discrimination on the grounds of sex, and the obvious discrimination within a monarchy of it being rule by one. As the discrimination on the grounds of sex is no longer necessary, or can no longer be argued for logically, nor can exclusions on the grounds of religion.

The reason for the religious bar in the late 17th and early 18th century was the genuine threat perceived by this country from the strong Catholic nations in Europe. In the reign of Elizabeth I, of course, the Spanish had been the threat, but by the reign of Queen Anne, the French were the greater concern. Through the secret treaty of Dover, Louis XIV tried to get Charles II to take a subsidy to establish a standing army that would enforce Catholicism on the nation as part of Louis XIV’s aim to get general European rule. You might be worried, Mr Speaker, about general European rule, but it is not in support of Catholicism.

[Mr Edward Leigh (Gainsborough) (Con)]

I warn my hon. Friend against accepting all the arguments of the Whig supremacy.

[Jacob Rees-Mogg]

I am grateful to my hon. Friend for that point, although it is worth bearing in mind that the House was controlled by Tories at the point at which the Act of Settlement was passed, so I am looking to revise a Tory piece of legislation.

The fundamental point is that the reason for the provision on religious discrimination no longer exists in the way that it did in the late 17th and early 18th century.

--- Later in debate ---

[Mr Leigh]

Indeed, it might happen that somebody becomes an atheist or an agnostic, or does not want to be a member of the Anglican faith. By the way, I have enormous sympathy, respect and, indeed, love for the Anglican faith, which is inherent in the traditions of our country. However, it is perfectly possible that in some future generation, somebody will not want to be part of it for quite profound reasons of personal conscience. That is why this matter is important. It is not just an academic, legalistic debating point; it is a matter of deep personal conscience. What is more important to an individual than their faith or lack of faith? It is somewhat strange in the modern age to say to somebody that if they want to become the head of this particular state, that job goes with being a member of a particular Christian denomination. It does not fit in with what we do in many other areas of our national life.

[Jacob Rees-Mogg]

I agree with my hon. Friend’s sentiments about the glories of the Anglican Church. The new clause should not, in any way, be seen as an attack on the Anglican Church. Indeed, it contains specific protections for the Church.

[Mr Leigh]

I, too, want to be absolutely clear about that. As I am speaking, people’s minds might be ticking over thinking, “Oh, here’s just another Catholic pushing his own religion.” This is not about my belief at all. I am very ecumenical. I am a member of Lincoln cathedral council. I think that the Anglican liturgy is wonderful in every single respect. My hon. Friend and I are traditionalists. In no way are we attacking the Anglican Church or, most importantly, the fact of this country having an established religion. That is important.

One of the single most dangerous aspects of modern life—the hon. Member for Hayes and Harlington (John McDonnell) will no longer follow my argument; indeed, he will strongly disagree with me—is the advance of secularism and the fact that religion is retreating from more and more aspects of national life. Even “The Sunday Half Hour” on Radio 2 on Sunday nights has been banished to 6.30 in the morning. Maintaining the established Church as a symbol—only a symbol—is terribly important, as is what my hon. Friend is doing today. He is trying to square the circle, to be absolutely fair and say that as a modern nation we should respect people’s conscience to maintain their own religion—or lack of it—and succeed to the headship of state. He is also trying to protect the established Church, and although other solutions might have been offered, including the one proposed earlier that the Archbishop of Canterbury could become the Supreme Governor of the Church of England, the idea of a regency is good and squares the circle.

However, such a situation is extremely unlikely because, as I said, I am sure that anybody brought up in that environment would want to remain in the Anglican Church. I understand that James III of blessed memory, the Old Pretender, whose portrait, as you know Mr Deputy Speaker, hangs in Stonyhurst college in your constituency, was offered the throne on the condition that he renounced his faith. He refused to do that although he could have succeeded Queen Anne. In fact, I understand that about 50 people had a superior hereditary claim to George I, but they were all bypassed because, as my hon. Friend has made clear, there was in those days an absolute obsession about ensuring an Anglican Head of State.

We do not want to get too enmeshed in those arguments, but to be trapped at the beginning of the 21st century in arguments that raged at the beginning of the 18th century is frankly absurd. To remain trapped in the Act of Settlement, when there is absolutely no risk in a secular, modern, multicultural and multiracial nation of some sort of Catholic plot to take it over, is ridiculous.

Commission Work Programme 2013

Debate between Edward Leigh and Jacob Rees-Mogg

Monday 7th January 2013 Commons Chamber

[Jacob Rees-Mogg (North East Somerset) (Con)]

It is a great pleasure to follow the hon. Member for Luton North (Kelvin Hopkins), who is the voice of reason on these matters, but it was the speech of the hon. Member for Birmingham, Edgbaston (Ms Stuart) that made me think about the forms and substance of power in this nation. When Her Majesty’s Government introduce the Queen’s Speech—their legislative programme—there is a great sense of funfair and fête. The House has trumpeters; the imperial state crown comes in its own carriage. Rather splendidly, Black Rod comes and the door is slammed in his face to show the independence of the House of Commons from the Executive.

When the European Union sets out its legislative programme, what do we get? When real power is being exercised, what do we see? A dusty, dry and bureaucratically written text is sent up to a Committee Room for a few people to consider and, if they feel like it, they grant an hour and a half—90 minutes—of debate on the Floor of this Chamber. There is no ability for witty speeches to be made by old and young Back Benchers alike or for jokes to be made by the Leader of the Opposition and the Prime Minister. We do not have three or four days of debate to clear maiden speeches out of the way or delve into the thin gruel that now comes from the Queen’s speech—we know where power really lies.

[Mr Leigh]

We get a speech from my hon. Friend, however, who is himself an ornament of the constitution.

[Jacob Rees-Mogg]

I am very flattered by that promotion. Perhaps that is the one ornament I can provide to a debate on the European Union’s legislative programme, as it is more thoroughgoing and more powerful than the Queen’s Speech and becomes law more easily and with less scrutiny than anything contained in it.

London Local Authorities Bill [Lords]

Debate between Edward Leigh and Jacob Rees-Mogg

Tuesday 21st February 2012 Commons Chamber

[Jacob Rees-Mogg]

Thank you, Mr Deputy Speaker.

As I was saying, I added my name to amendment 22, which seeks to remove clause 9, because that clause is a rather vicious clause. It is an unattractive and cruel clause, which attacks people who may simply be making an honest effort to earn their living. Broadly speaking, Conservatives are in favour of people earning their living; we think it is a good thing that people should earn an honest crust. We are not in favour of the something-for-nothing society—we think that that is a bad idea—and we believe in the historic liberties of the British subject. We believe in the freedom to have all sorts of things, not only trial by jury but that great historic freedom, which has built up over 100 years, to sell one’s car outside one’s front door by putting a little notice on it.

The marvellous technology that we have and the incredible electronics at our fingertips allow us to use little things in our pockets to sell our motor cars outside our front door, whether we live at No. 22 Acacia avenue or, for that matter, at No. 23, No. 24 or No. 25 Acacia avenue. Wherever we live in Acacia avenue or in other similarly named streets—Laburnum drive comes to find, as one of these very good addresses—if we want to sell our car via the internet we clearly ought to be allowed to do so. It seems to me to be tremendously important that amendment 22 should be carried by this House to remove a pernicious little clause.

[Mr Edward Leigh (Gainsborough) (Con)]

My hon. Friend does not have the air of a car salesman.

[Jacob Rees-Mogg]

I am grateful for that intervention. I would be happy to be a car salesman, because that is an honourable and worthy profession. My reason for saying that is because trading cars is the way to starting in business. People can start off in a small way by putting the little Morris Minor that they bought 20 years ago outside their front door with a sticker on it saying, “This car is for sale for £500, with MOT. It has not been clocked or had done to it any of those terrible things that rogues do.” Somebody might then come along and give them £500, so they go out to buy a second-hand Mini Cooper, which they sell for £800. They then buy a second-hand Ford Cortina and sell it for £2,000. Eventually, they are buying Aston Martin DB5s and putting them outside their front door with a price of £150,000—cheap at twice the price, some might say. That is before they have even got on to thinking about Bentleys, great cars that they are, too—although some might say that they are not quite as good as Aston Martins in their style and sleek lines.

We need to get an entrepreneurial spirit and get people starting in business. How are we going to revive this economy if we do not encourage the small business man, and the tall business man, too? I always feel that this “heightism” on business men and business ladies, who should not be excluded, is a bit unfair. We want to help enterprise. We know that job creation comes from small enterprises, not from big business. Historically—very good figures from the United States are available on this—big business has reduced its labour force, year in, year out, and companies that are starting up develop into bigger businesses employing more and more people. A fascinating statistic in this week’s edition of The Sunday Times suggested that an American business, in its first two years of operation, increases the number of its employees by 160%, whereas an Italian company does so by 20%. That is because America, the land of free enterprise, encourages people to set up their own businesses and to do things in a little way without this overburdening, this overwhelming and this overweening regulation that makes it so difficult for them to earn an honest crust.

Clause 9 is where my objections are centred at the moment, but I can assure you, Mr Deputy Speaker, that I have many more objections to certain aspects of this Bill to come. The clause states that “fees and charges” can be levied on people selling their car, but offering it on the internet is illegal and keeping it on the street for the period that it is on the internet is illegal. That is very unfair, because someone can put something up on the internet one week and it can then be cached—it can be caught—and it remains there ad infinitum. Someone could have traded their car and completed the transaction—they could be the new buyer—but the car could still appear on the internet under an historical cache. They may then find that a council busybody—not one wearing a bowler hat, because the councils did not seem enthused by that idea when I gave them it at an earlier stage in the debate—or some odd-bod could come along and say, “This car is now getting you a fine.” That is why I object—

Civil List

Debate between Edward Leigh and Jacob Rees-Mogg

Thursday 30th June 2011 Commons Chamber

[Mr Edward Leigh (Gainsborough) (Con)]

It is a pleasure to follow the right hon. Member for Barking (Margaret Hodge), who is the current Chair of the Public Accounts Committee. Under my chairmanship and hers, the Committee has for many years fought a relentless campaign on this issue, but I never thought this day would come. My right hon. Friend the Chancellor has risen to such distinction, but I remember his being a member of our Committee when he was a very new, young Member of Parliament, and he may recall a visit we made to Kensington palace together. The trouble with dealing politically with royal family matters—I know this from my many years of chairing the Public Accounts Committee—is that whereas an incredibly worthy report about tens of millions of pounds, or even hundreds of millions of ponds, being wasted in the Department for Work and Pensions will end up only on page 15 of the Financial Times, if we are lucky, something involving the royal family gets much more interest. I think that the visit we made to Kensington palace was on pages 2, 3, 4, 5 and 6 of the Daily Mail. There is enormous public interest where the royal family is concerned.

My right hon. Friend is to be commended for being the first Chancellor of the Exchequer to have the guts to take this issue on and deal with it. As I said, I thought this day would never come. When we started this campaign and really tried to gear it up, we were looking at three areas in which we thought that parliamentary accountability was absolutely vital: the royal family and all aspects of royal finances, the BBC and the Bank of England. Those three great institutions stand without Parliament and we were told for all sorts of reasons why it was quite inappropriate for the National Audit Office to crawl all over their accounts. It has been like pushing water uphill, but I think that after many years and many bloody battles we are going to drag the BBC to full accountability—and not a moment too soon. That is quite right. Again, I commend the Chancellor for what he is doing. The Bank of England is a more difficult issue and we are still struggling on that, but we have a great victory today. For the first time since this modern settlement was made in 1760, Parliament will, through the Public Accounts Committee, be able to scrutinise all aspects of royal finances.

Although there has been great resistance to this proposal, I have to say that in all my many conversations with the royal household I never detected any resistance from it. I think it has been Governments who have worried about certain republicans on the Public Accounts Committee crawling over the royal finances. I should like to pay tribute to a great and wonderful parliamentarian, who has not been mentioned yet and who is a personal friend of mine—Mr Alan Williams, a former Father of the House, who served with great distinction for many years on the Committee. We all know that he gave the royal finances a good going over. Unfortunately, another personal friend of mine, the hon. Member for Glasgow South West (Mr Davidson), is not here, but I am sure that if he were still on the Committee he, too, would be giving the finances a good going over.

This will be tough for the royal household—there is no doubt about that—and there will be strong questioning in the Committee, as there is on all these subjects, but that is absolutely right because that is what we are about: accountability. I think they have absolutely nothing to fear. As the shadow Chancellor made clear—we do not need to labour this point, because we all know it so well—the Queen has throughout her reign acted with incredible grace and wisdom and with such enormous constitutional propriety. We know all that, but what is not so well appreciated—certainly not by the general public and perhaps not by many Members of Parliament—are the enormous strides that the household has made in delivering efficiency savings and cutting costs. I am pretty confident that when the Committee, working with the National Audit Office, is allowed to crawl over the accounts, it will find a first-rate, modern institution.

It is unfortunate that up to now the Committee has been able to deal only with royal travel and palaces and not with the rest. That seemed a strange state of affairs. We managed to save the royal train, by the way, which is, in terms of modern accountability, a fantastically wasteful but noble instrument of royal travel. [Interruption.] It is necessary. It is so old that it can only travel at night.

[Jacob Rees-Mogg (North East Somerset) (Con)]

rose—

[Mr Leigh]

I give way to an ornament of the constitution.

[Jacob Rees-Mogg]

My hon. Friend and his colleagues saved the train but unfortunately not the yacht. Is there any chance that for the diamond jubilee we will get the yacht back?

[Mr Leigh]

Well, some stingy previous Government, whom I will not mention by name, got rid of the royal yacht. What a tragedy. It is not the working part of the constitution but it is an important part. As for the royal train, it is quite right that this wonderful elderly lady should sometimes be allowed to sleep on the royal train so that when she visits Newcastle or Manchester she can wake up and perform her duty refreshed, and not be forced out of bed at 5 am to take a plane. We saved the royal train; that, I think, is something that the PAC achieved.

The PAC, then, will not cause any unnecessary trouble. Although I cannot speak for the new Committee, I have great respect for the right hon. Member for Barking, and I know that she will handle the matter in an effective and completely non-partisan way. I am sure that the Committee will do a wonderful job.

Before I finish, I want to say something about royal palaces. We paid that visit to Kensington palace, and we visited Buckingham palace. We found a lot of peeling wallpaper there—there was a lot of under-investment.