Points of Order

Debate between Edward Leigh and Peter Bone

Monday 14th June 2021 Commons Chamber

[Mr Peter Bone (Wellingborough) (Con)]

On a point of order, Mr Speaker. Have you received notice from the Secretary of State for Health and Social Care that he intends to make a statement on the covid-19 regulations earlier than advertised? I ask this because it is a long-standing principle of this House that major changes in Government policy are to be announced to Parliament first, and I can think of no more important policy announcement than changes to regulations that restrict the freedom of the British people. It appears that the Government are planning to hold a major news conference on the covid regulations at 6 pm, but the Secretary of State for Health and Social Care is not making his statement to the House until 8.30 pm. That is not only a clear breach of parliamentary convention; it is also a breach of the ministerial code. The code states:

“When Parliament is in session, the most important announcements of Government policy should be made in the first instance, in Parliament.”

What makes the matter even more concerning is that about 30 minutes ago the media were given an embargoed copy of the statement. So the media have the statement in advance, there will be a public press conference at 6 pm, and then the last people to know about the changes to the regulations will be Members of Parliament. That is clearly very disrespectful to Parliament, and probably a contempt of Parliament.

[Sir Edward Leigh (Gainsborough) (Con)]

Further to that point of order, Mr Speaker. Have you heard from the Prime Minister this afternoon, because I am astonished that he is not coming to the House to make this statement? I entirely join my hon. Friend the Member for Wellingborough (Mr Bone) in what he has said. It would have been perfectly possible for the Prime Minister to come to this Chamber at 3.30 and inform Parliament of what is going on. I quite understand that it is much easier for the Prime Minister to have a few patsy questions from Laura Kuenssberg and her colleagues than to sit here for a whole hour and be grilled by MPs, but are we a presidential system or are we the House of Commons? Who runs this country? Is it the media or is it the House of Commons? I repeat what my hon. Friend the Member for Wellingborough (Mr Bone) said: in future, we must make it clear that if there are any Government announcements, they are made here first, to the elected representatives of the people.

European Union (Withdrawal) Bill

Debate between Edward Leigh and Peter Bone

2nd reading: House of Commons
Monday 11th September 2017 Commons Chamber

[Mr Bone]

Not for a moment, because on this particular point I think I am right: it is called the European Union (Withdrawal) Bill. I remember introducing a number of such Bills, or certainly speaking in favour of a lot of them. At that time, they were rather dismissed by the Government and we did not make much progress, so if I have an opportunity to support a Government Bill called the European Union (Withdrawal) Bill, as I do tonight, then I am going to take it, and I hope other Members do too. What the Bill primarily does is end European Union legislation and control over this House when we leave, while the second bit incorporates all EU laws into our laws—“retained EU law”, it is called. It is quite right that in future we should look at all those laws and decide whether to improve, reject or keep them, but there has to be a mechanism when we come out to have all those laws in place or chaos will occur.

[Sir Edward Leigh]

The hon. Member for Rhondda (Chris Bryant) raised a very important point in his intervention that has to be dealt with clearly on the Floor of the House. Personally, I am in favour of any compromise—any triage process, as suggested by my right hon. Friend the Member for Broxtowe (Anna Soubry) and others—but on this point my hon. Friend the Member for Wellingborough (Mr Bone) must be wrong. The House has a right and the powers, and historically it has been able to reject delegated legislation—otherwise what sort of Parliament are we in?—so he is making a wrong point.

UK Steel Industry

Debate between Edward Leigh and Peter Bone

Tuesday 12th April 2016 Commons Chamber

[Mr Peter Bone (Wellingborough) (Con)]

It is a great pleasure to follow the hon. Member for Airdrie and Shotts (Neil Gray), who speaks for the Scottish National party. I have to say that I thought some of his remarks were more designed for party political purposes than to deal with what we are facing today. We are dealing with people’s livelihoods and with whether they have jobs, and I hope the tone of the House today will be about a solution and what we can do, rather than about making party political points. I also regret, Sir, that Parliament was not recalled last week, as this was a matter of such urgency that we could have come back to have a proper debate, and Members interested in this vital issue would have attended. It was quite right, Sir, that you allowed this Standing Order No. 24 application and that it was unanimously approved by this House—there was no opposition to it.

I know that many Members wish to speak, so I will keep my remarks brief. I declare an interest, as some of my constituents work in the steelworks in the neighbouring constituency and have contacted me about their concerns. This is about not just the people who work directly in the industry but those who rely on the economic benefit from it. I also spent 13 years in south Wales, so I know how important the industry is there.

The shadow Business Secretary analysed the situation very well. There has to be a steel industry in this country, and I think Members on both sides of the House agree on that. We cannot be left without a steel industry, and there is one reason for that: if there is a war in the future—I hope there will not be—we have to have our own steel industry or we cannot defend ourselves. Everyone accepts that we need a steel industry and everybody wants to work towards a solution. I know that the ministerial team have been working very hard but I do think they are working with one hand tied behind their back.

The shadow Business Secretary’s analysis was absolutely right: the problem our steel industry has is the unfair dumping of Chinese steel, and now perhaps Russian steel, on to the market, backed by state-controlled companies, which can put millions of pounds into their industries with no problem at all. If I was sitting in China and I wanted to keep my industry going, the classic way I would do it would be by selling my product abroad at less than what it costs to produce. What then happens, as we have seen, and as the Secretary of State has made clear, is that businesses across Europe close. When those industries are knocked out, the main supplier—in this case, China—takes a bigger share of the market and can then bump the price of steel up and hold the whole world to ransom. That is just what happens.

Where do I think the one hand tied behind the back is? It is the European Union. We have heard from Members on both sides of the House that the problem has been delays in the European Union dealing with tariffs. If we were in the United States, the President would just impose a tariff of 266% and that would shut off Chinese steel coming into the USA. Whatever we think about the issue and whether we think the Government have been poor in pushing for tariffs or not, I hope the whole House can agree that if this matter was totally in the hands of this Parliament, the Government could make their decision and act, and the Opposition could criticise and vote against it if they did not agree.

[Sir Edward Leigh]

This is a vital national industry. Can my hon. Friend imagine any previous UK Government, in war or peace, allowing our steel industry to go down the tube? My constituency abuts Scunthorpe, and many of my constituents cannot understand the situation. If we had control of our own destiny, surely we could just stop this dumping overnight. This is unfair, unreasonable and ridiculous dumping, and we should stop it.

[Mr Bone]

My hon. Friend is correct. That is the problem. I am afraid that the two Front-Bench teams cannot deal with this situation because of their position on the European Union. If the referendum had not been going on at the moment—

Oral Answers to Questions

Debate between Edward Leigh and Peter Bone

Thursday 5th November 2015 Commons Chamber

[Sir Edward Leigh]

May I say absolutely clearly that the PAC will not get involved in any “vendetta” against the BBC? This is simply about value-for-money inquiries. For instance, the Comptroller and Auditor General, who certainly is completely outside politics, has expressed in public his concerns about the current arrangements. He does not have a statutory right of access to information. His staff are entirely dependent on what information the BBC chooses to give them in answer to their questions. His reports are badged with the BBC logo and they are always prefaced by a preamble prepared by the BBC Trust. The fact is that the BBC is a public body. It must be like other public bodies and held to account for value for money.

[Mr Peter Bone (Wellingborough) (Con)]

Long ago I used to do auditing of companies, and it seems to me that the BBC would be a prime target for that. Is not my hon. Friend surprised that the BBC has not requested that the National Audit Office gets involved?

[Sir Edward Leigh]

It is not for me to question what goes on inside the mind of the BBC. All I can say is that there is general consensus that we must move forward into the modern age and the BBC must be like all other public bodies, and that this Parliament, through our Public Accounts Committee, must have full financial oversight so that we have a well-run organisation that uses public moneys efficiently.

European Union Referendum Bill

Debate between Edward Leigh and Peter Bone

Tuesday 9th June 2015 Commons Chamber

[Mr Bone]

Thank you, Madam Deputy Speaker.

I take on board the hon. Gentleman’s intervention and he makes a fair point, but I do not think SNP Members are here in numbers because they oppose the EU referendum Bill. I think they might be here for other reasons. Also, as a democrat, I am sure the hon. Gentleman was pretty pleased about the referendum that happened in Scotland, although he might not have liked the way the Scottish people voted.

If I had stood up here three years ago and suggested this House was about to vote for an EU referendum Bill, I would have been laughed at. Every party was against it. The coalition Government were against it, the Labour party was against it; it was just never going to happen. That proves that this House and MPs can change things. The people were ahead of Parliament. They wanted their say on whether we should be in or out of the European Union. We have seen how Parliament slowly changed its position and how the excellent Minister for Europe, my right hon. Friend the Member for Aylesbury (Mr Lidington), has been on the same journey—I am sure I shall be cheering his speech tonight, as I was booing it three years ago. People say that this House and MPs do not matter and that everything is done by Government and by people sitting on sofas in No. 10, but that is simply not true. Another party, the UK Independence party, might have been born out of this, but I do not think that that is what changed things—it was Members of this House.

I remember that, under your chairmanship, Madam Deputy Speaker, the Backbench Business Committee—the first time that Back Benchers could schedule business in this House—put on a debate about whether we should have a referendum. The Government tried to manipulate things and brought the debate forward from the Thursday for which it was originally scheduled to the Monday. MPs went home on Friday night and talked to their constituents, local members and party chairmen—they thought about the issue—and when we came back on the Monday, we had the debate and I had the great pleasure of winding it up. Yes, the vote was lost, but 80-odd Conservative MPs opposed the three-line Whip.

[Sir Edward Leigh (Gainsborough) (Con)]

Let us not be too horrible to our colleagues who disagree with us or to the Labour party, which changed its mind. After all, those who arrive last at the vineyard are equally to be valued.

International Development (Official Development Assistance Target) Bill (Money)

Debate between Edward Leigh and Peter Bone

Monday 3rd November 2014 Commons Chamber

[Mr Peter Bone (Wellingborough) (Con)]

Go on then.

[Sir Edward Leigh]

Go on then.

Repeal of the Fixed-term Parliaments Act 2011

Debate between Edward Leigh and Peter Bone

Thursday 23rd October 2014 Commons Chamber

[Sir Edward Leigh]

Sorry, three years and 10 months. So if we stick with this Act, in the next century we could lose six general elections—that is six occasions on which the people are given a real choice. In short, the greater flexibility that the power of Dissolution allows is to the advantage of our parliamentary democracy. The great advantage of our constitutional tradition is that it bends rather than breaks, but fixed-term Parliaments remove that flexibility, with consequences that cannot be foreseen.

Professor Robert Hazell of University College London’s constitution unit, has said that

“Anthony Eden’s decision to call a premature election in April 1955 can be justified on a mandate basis: he had only taken over as PM nine days earlier after the resignation of Winston Churchill. Fixed terms will remove or at least limit the government’s capacity”

to renew their mandate. We all know that the decision of the former Prime Minister, the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), not to have a general election as soon as he was elected—or, rather, appointed—as Labour Prime Minister was a serious mistake and his Government never recovered from it.

[Mr Peter Bone (Wellingborough) (Con)]

That points exactly to the other argument on this issue. Had the former Prime Minister gone to the country on that date, he probably would have won a general election. The Government have an enormous power in being able to choose an election date, and is that not the other side of the coin?

[Sir Edward Leigh]

That is the other side of the coin, which is why the Liberal party, which always delights in its own rationality, came up with this idea of fixed-term Parliaments. It is strange that the Liberal party, which is so apparently rational in all respects, is so unpopular with the people—I never quite understand that. It is precisely the sort of point that comes from political scientists and leads to dangerous constitutional innovations that are not thought through and are, in the end, profoundly undemocratic. The old system was better, more democratic and more in tune with what the public want.

Prime Minister (Replacement) Bill

Debate between Edward Leigh and Peter Bone

Friday 29th November 2013 Commons Chamber

[Sir Edward Leigh]

My hon. Friend is of course right to make that point. In our system, which is parliamentary as opposed to presidential, the whole point is that, as in the past, the Head of State—the Queen—appoints as Prime Minister someone who can command a majority in the House, which is what being Prime Minister is all about. There is no mystery about the job: it goes to the person best equipped to command a majority in the House, and the best way to determine who can do that is based not on some arbitrary list laid down, in all his wisdom, by my hon. Friend the Member for Wellingborough, but on the good sense of those who sit in this Chamber.

[Mr Bone]

My hon. Friend is making a good and powerful speech, but he is slightly wrong about the Bill. I am only suggesting who should take over as Prime Minister immediately, at the moment an attack happens, not in the long term, and I do not think that he is right to say that he knows who that would be.

[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.

[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—

[Mr Bone]

That is the worst insult I have ever heard in the House.

[Sir Edward Leigh]

I withdraw that remark. It was unparliamentary language, which I should not have used, and I apologise to my hon. Friend. He has made a brave thrust, but dare I say that he is wrong because the Bill is too rigid. Under his list, the Deputy Prime Minister—if he is in the same party as the former Prime Minister—the Home Secretary and then the Secretary of State for Defence would take over, but once people are in those posts, it will be very difficult to shift them. The present system is much better: an acting Prime Minister from among the former Prime Minister’s leading colleagues temporarily steps into the fold and, in its wisdom, the parliamentary party then takes a decision and appoints the best man or woman for the job. On that basis, I rest my argument.

National Referendum on the European Union

Debate between Edward Leigh and Peter Bone

Monday 24th October 2011 Commons Chamber

[Mr Leigh]

Surely the point is also that, in 1975, the hon. Gentleman had a vote, I had a vote and my hon. Friend the Member for Wellingborough (Mr Bone), who is sitting next to me, had a vote. I do not know whether Mrs Bone had a vote—

[Mr Peter Bone (Wellingborough) (Con)]

She was too young.

[Mr Leigh]

Indeed, and Mrs Leigh certainly did not have a vote, along with 84% of the present population. Do they not have a right to vote?

House of Commons Disqualification (Amendment) Bill

Debate between Edward Leigh and Peter Bone

Friday 9th September 2011 Commons Chamber

[Mr Bone]

My hon. Friend has been elected to the House to be a Member of Parliament and to use her own judgment. She hits on a good point, and if I get time, I shall deal with the problem of the black art of misinformation that the Whips operate so successfully.

For a new Member of Parliament, the Whips’ threat that their career will be over if they do not vote in a certain way is enormously powerful. However, history suggests that completely the reverse is the case. Many people who have voted against the Whips on the most controversial matters are now Ministers—some are actually in the Cabinet.

[Mr Edward Leigh (Gainsborough) (Con)]

I think that new Members are under a misapprehension. They think that if they ever vote against the Government, they will not get into the Government. Actually, people get into the Government if they are good: if they are principled and intelligent, and crack it at the Dispatch Box, they will get in. They should be far more confident about that.

[Mr Bone]

My hon. Friend is absolutely correct. A yes-person who always agrees with the Whips will never be a good Minister. A person has to have independent thought to be a Minister. Some members of the Cabinet voted against the Maastricht treaty—probably the most controversial issue for the Conservative party—and it did not seem to do them any harm.

Parliament was originally intended to act as a check on the Executive, and to hold them properly to account, but with the advent of the party and such concepts as party loyalty and party manifestos, Members of Parliament who put their individual judgment to one side are increasingly frequently—more often than not—treated by the Whips as little more than sheep. They are blindly herded into Division Lobbies and told to vote a particular way on a subject that they know nothing about. Whips even have the nerve to divide the groups that they look after into flocks, because they regard them as sheep. Sadly, Christopher Hollis MP had it precisely right when he said in 1946:

“On most votes it would be simpler and more economic to keep a flock of tame sheep and from time to time to drive them through the division lobbies in the appropriate number.”

Employment Opportunities Bill

Debate between Edward Leigh and Peter Bone

Friday 17th June 2011 Commons Chamber

[Mr Edward Leigh (Gainsborough) (Con)]

I apologise for being delayed and missing the start of this debate, Madam Deputy Speaker. I wish to congratulate my hon. Friend the Member for Christchurch (Mr Chope)—he is also an actual friend—on doing a signal service to the House by courageously raising this issue, as it is important that we have an honest debate about it.

There are many arguments in favour of what my hon. Friend is trying to do. That applies both in terms of the Bill’s wider context, which I shall deal with in a moment, and what he is specifically trying to do on the minimum wage. The first relates to the tragedy of youth unemployment, which is an increasing problem. In addition, businesses undoubtedly need to respond to the marketplace, because they are in the marketplace and they cannot avoid it. It is also undoubtedly better for people to work for less than be unemployed, because work helps people to get training, make contacts, gain experience and so on.

My hon. Friend has also said that we are talking about a voluntary process, but it is precisely on this point that his Bill has difficulty. As was well said by the hon. Member for Harrow West (Mr Thomas), who leads for the Opposition, this issue may well be a show-stopper that prevents the Bill from becoming law. There is undoubtedly a mismatch in power between an employee who is desperate for a job and an employer. Although my hon. Friend the Member for Christchurch assures the House that the process is entirely voluntary, one can undoubtedly envisage many situations in which there will be problems. My hon. Friend the Member for Shipley (Philip Davies), who has unfortunately been called away for a moment, mentioned the example of disabled people, who often find it more difficult to get jobs because what the employer has to pay them is on a level with people who are not disabled. As I said to my hon. Friend, the employer might summon the disabled person and say, “I’m sorry, but you have this disability and you are not quite as capable as doing this job as other people, so please sign on the dotted line to be paid less, as this provision is now law.” One has to assume that these Bills will become law, so we need to tease out these important points.

In other circumstances, an employer might say to employees that there are severe problems and that the marketplace is very difficult, so employees will have to sign on the dotted line and take less than the minimum wage. It is a bit simplistic—and, dare I say to my hon. Friend the Member for Christchurch, a bit naive—to assume that the process is entirely voluntary. I am not sure that the marketplace works like that.

[Mr Bone]

rose—

[Mr Leigh]

I shall give way to my hon. Friend, who has undoubted experience as an employer.

[Mr Bone]

It was quite wrong of me to call my hon. Friend a shocking leftie on this issue—I clearly got that wrong. He makes a very fair point about the Bill needing to be considered carefully in Committee. The original version contained the idea of limiting the period for which someone could opt out of the minimum wage. Perhaps that would reassure my hon. Friend.

Broadcasting (Public Service Content) Bill

Debate between Edward Leigh and Peter Bone

Friday 1st April 2011 Commons Chamber

[Mr Bone]

Indeed. My hon. Friend makes the point much better than I could. Some people will ask what the census has to do with this issue, but it has a lot to do with it because it is from that census that broadcasters will be able to determine what percentage of the population are interested in religious programmes. That is why I find it strange that the question on religion is optional on the census form.

Clause 1(2)(d) is the catch-all provision and we have to explain it in a little more detail later. It states that

“the content would not otherwise be likely to be provided by the market responding to consumer demand.”

It deals with programmes for which there is a very limited interest, despite the fact that they should be put on. The BBC does put such programmes on, as do some other broadcasters, although fewer and fewer are doing so. I am talking about programmes that cater for people who are interested in steam engines—I have probably picked the wrong example, because I know that they interest a lot of people. Things that would not normally attract big audiences would still be funded by the taxpayer if they were in the interests of public service.

Many questions arise from that catch-all phrase, which is why we have to deal with it a little further on in the Bill. People were saying to me that programmes that were not popular would no longer be put on, but that is not the case. People have said to me, “I understand that news, children’s programmes with educational purposes and charitable and religious programmes will get the licence fee, but what if it is a programme that I really care about? How is that going to be funded? They will not put it on because it is not commercially viable.” That is where clause 1(2)(d) comes in.

Such a programme might be about fishing or it might be a minority programme that eventually becomes commercially viable and has to move out of this arrangement. A very good example of that is coverage of American football. When American football first came on to British screens on Channel 4 it was very much a minority interest, although I am interested in it and I have often wondered why we do not have a NFL all-party group. Interest in the sport grew, as did the audience, and eventually Sky took on the coverage, with some of it also appearing on Channel 4 and Channel Five. Under my Bill, it would have initially been funded by the licence fee and no longer have needed any licence fee support on becoming commercially viable. Just because licence fee money would be given at the beginning to develop an interest in a particular field, it would not have to continue to be paid once the programme became commercially viable.

The problem with that provision is, of course, one of definition. I have tried to deal with that in clause 1(3), which states:

“Where the only criterion of public service content is that contained in subsection (2)(d), the judgement relating to the likelihood of market failure shall be made by the National Audit Office, which must publish an opinion on any matter referred to it by the Secretary of State pursuant to this section.”

By the time my Bill comes in, and after the reshuffle on 6 May, I expect the Under-Secretary of State for Culture, Olympics, Media and Sport, my hon. Friend the Member for Wantage (Mr Vaizey) who is with us in the Chamber today to be the very Minister who makes these decisions, so I hope he will be paying particular attention to this provision, as he will have to deal with it.

The provision has been misunderstood. People have said that it means that the Secretary of State—or the NAO—will decide on whether to have a fishing programme or another synchronised swimming programme, but that is not its purpose. The broadcaster will able to apply for the money from the licence fee for those programmes and that money will be given. The audit is retrospective and would deal with cases where it is felt a broadcaster was putting on something that is commercially viable, but that it had claimed under 1(2)(d) would be a market failure. The NAO is an admirable body that would be able to tell clearly whether a programme was likely to be commercially viable or whether there would be a market failure, which would account for its taking money from the licence fee pot.

To be fair to the newly promoted Secretary of State, as I shall call him, I do not think he would actually have to decide very often on this matter, because self-regulation would do the trick. To use a ridiculous example, it would be very embarrassing if the BBC applied for funding for “EastEnders”, because although it would get the money, shortly afterwards the Secretary of State would make a referral to the NAO to say, “This is completely ridiculous.” Self-regulation would stop such applications, because broadcasters would be hugely embarrassed if they took money from the licence fee for public service content only for the Secretary of State to refer the matter to the NAO and for it to say, “No, this is a commercially viable programme. Repay that money.” The damage it would do to that broadcaster would be immense, so I think there would be self-regulation in that field.

[Mr Edward Leigh (Gainsborough) (Con)]

On a point of order, Mr Deputy Speaker. Has there been a request from the Government for an urgent ministerial statement on the arrival of the Libyan Foreign Minister Musa Kusa? There have been reports overnight that another envoy—this time an official envoy from the Gaddafi regime—is here. These matters are of the utmost importance, because clearly we have embarked on what was to be a humanitarian mission and we are now very heavily engaged in the murky politics of Libya. What is going on? The House would like to know.

--- Later in debate ---

[Mr Bone]

I am very grateful to my hon. Friend for making that point. That is exactly the case. For the avoidance of doubt, I am not suggesting that the reporting of the Libyan situation by the BBC is anything other than impartial and accurate and it has clearly been able to get licence fee money for that.

I move to the part of the Bill on which I expect to get shouted down the most and get a lot of criticism—clause 1(4), which states:

“No content shall be public service content if it fails to satisfy prevailing standards of good taste”.

Hon. Members might think this measure means that the National Audit Office is going to look at programmes and decide whether they are smutty, but that absolutely is not what my Bill does. My Bill says that public service content money cannot be given for programmes that do not comply with the prevailing view of what constitutes good taste and decency. It will be the prevailing view that is important. The measure would apply only if a broadcaster applied for public service content money from the licence fee for a programme. It could broadcast any other programmes it liked, within the general law of the land, but it would not get any licence fee money for producing programmes that did not meet prevailing standards of good taste and decency. It would be the British public who decided whether a programme met those standards. If only 10 people wrote in to complain about a programme, obviously the Secretary of State would not refer that case to the NAO.

[Mr Leigh]

I know quite a lot about the NAO, having been the Chairman of the Public Accounts Committee and having had it report to me. If I may say so, this is the weakest part of my hon. Friend’s Bill, because the NAO is totally unequipped to get involved in any such policy decision. It is an audit office: it looks at the economy and efficiency of Government projects. If the Bill were to pass into Committee, I think he would have to reconsider this measure.

[Mr Bone]

I have been proved a prophet, Mr Deputy Speaker! Already, almost within 10 seconds of my mentioning this measure, I have been criticised by a great parliamentarian of the House. That is exactly what I said would happen. However, there is a misunderstanding, because it would not be the NAO that determined this issue, it would be public opinion. If 30 million people suddenly complained about a programme on the BBC, it would be the Secretary of State—by then, I hope, my hon. Friend the Under-Secretary will be the Secretary of State—who made that decision, but that would not happen unless there were an exceptional case.

--- Later in debate ---

[Mr Leigh]

I have to look at what the Bill says, which is that:

“the judgement relating to the likelihood of market failure shall be made by the National Audit Office”.

How could the NAO, which by definition is concerned with the economy and efficiency of the public sector and Government projects, possibly make a judgment relating to the market failure of a particular programme or set of programmes? I am confused.

[Mr Bone]

My hon. Friend has gone back to the previous measure. Subsections (3) and (4) are not joined together; they are separate. Going back to subsection (3), I cannot imagine a situation in which there would actually be a referral, but it would not be for the NAO to refer. The Secretary of State would have to decide that a broadcaster had taken money from the licence fee pot for a commercially viable programme. That would be difficult enough for him to do, but if he were of that opinion, and I gave the clear example of “EastEnders” as a commercially viable programme, it would then be up to the NAO to make a commercial decision, not a decision on the content, on whether there might be market failure—whether that programme would not otherwise be commercially produced.

All that might be difficult and there are hurdles. First, there is the self-regulation that would prevent virtually any of these manoeuvres from having to take place. Then the Secretary of State would have to take a political decision, which would be difficult because he would not refer something to the NAO lightly. In the case of “EastEnders” or “Top Gear”, for example, the NAO would come to the conclusion that they were commercially viable and would be put on elsewhere.

--- Later in debate ---

[Mr Bone]

I hope that we are making good progress, Mr Deputy Speaker. We are nearly at the end of clause 1, which is the most important, and there are only three clauses. My problem is coming up with BBC programmes that I have heard of, because I watch so few of them, but I do watch “Top Gear” and I occasionally see “EastEnders” when I am in the gym. I do not listen to it, but it is on the television, although I never understand why that is on and the Parliament channel is not. I am talking about the gym in Westminster. I am sorry Mr Deputy Speaker, but I could not think of any other programmes.

Let me return to the wording that I have already said might be the biggest problem, in clause 1(4):

“No content shall be public service content if it fails to satisfy prevailing standards of good taste and decency.”

I think that would be self-regulated unless a particular broadcaster were determined to try to circumvent the Bill. The measure would not mean that other, commercially viable, programmes that broadcasters wanted to put on could not go into areas that would fall foul of the measure.

I am pleased to say that we now come to clause 2, on the payment of the licence fee. Subsection (1) says:

“No licence fee revenue shall be paid to any broadcaster by the Secretary of State for services which do not satisfy the criteria of public service content in section 1.”

That is clear. An interesting point that will surprise most people is that the licence fee is not paid directly to the BBC; it is handed out by the Secretary of State, so there is no real shift under the Bill. The Secretary of State will still make the payments, but instead of all the licence fee being handed over to the BBC, it will be divvied out to different broadcasters who provide public service content.

Clause 2(2) says:

“It shall be the duty of the National Audit Office to keep under review the total cost of public service television broadcasting.”

That is quite an important little subsection, because we could find—to take things to an extreme—that because there is that pot of money, all the non-BBC broadcasters apply for money to put on public service content, and the overall cost would then balloon, so the National Audit Office will keep under review the total expenditure. I say that the licence fee should come down from about £150 to about £50. That is why that provision is in clause 2. I think it will have to be developed and amended in Committee; Members might like to put some limit on the total cost of public service broadcasting, but that will be subject to the will of the House and up to the Committee.

Clause 2(3) says:

“In pursuance of its duty under subsection (2) the National Audit Office must conduct, in each calendar year after the year in which this Act is passed, a value for money audit of the expenditure incurred on the broadcasting of public service content that is funded by the licence fee payer.”

That is pretty straightforward: the National Audit Office will produce a report once a year.

[Mr Leigh]

Will my hon. Friend allow me to intervene?

[Mr Bone]

With trepidation.

[Mr Leigh]

I am afraid that the provision is not straightforward at all, because my hon. Friend is putting at risk a campaign that we have waged for years to allow the National Audit Office to look at the BBC’s books. We have said time and again that the NAO would never get involved in editorial policy; the BBC is rightly very sensitive about that. How on earth can the National Audit Office make a judgment under subsection (3) without in some way getting involved in editorial policy?

[Mr Bone]

Under clause 2(3), it is for the National Audit Office to determine not a programme’s content, but whether the programme is made in a cost-effective way. For instance, if a programme on fishing is put on by the BBC at a cost of £200,000 an episode, and a similar programme is put on by Sky at a cost of £20,000, it would be for the National Audit Office to point out that figure. It would not be for it to take action, but it would refer to the fact in its audit.

That happily leads me to clause 2(4), which says:

“The results of all audits conducted under this section shall be published in reports which must be laid before both Houses of Parliament.”

When my hon. Friend the Member for Gainsborough (Mr Leigh) was effectively in charge of the overall scrutiny of the National Audit Office, the most splendid reports in the House came out. The Public Accounts Committee is most powerful and informative, and I would not want to do anything in the Bill that in any way reflected badly on the National Audit Office.

Under subsection (5),

“The Secretary of State must by regulations provide for any costs incurred by the National Audit Office in the exercise of its duties under this Act to be reclaimed from licence fee revenue.”

To respond to my hon. Friend the Member for Bury North (Mr Nuttall), the subsection is another addition to the previous Bill; I draw that point to the attention of the Opposition spokesmen and the Minister. We are reducing the licence fee here, but I do not want any other cost to be put on the general taxpayer. Any cost that the National Audit Office incurs will be recovered from the licence fee, so there will be no additional cost to the general taxpayer, and that is a change from the previous Bill.

Clause 2(6) says:

“Regulations under subsection (5) shall be made by statutory instrument and are subject to annulment in pursuance of a resolution of either House of Parliament.”

I hope that when the Bill is in Committee, we will have those draft regulations, so that the Committee can consider them before the Bill makes further progress. That, in a nutshell, is clauses 1 and 2. I am sorry to be so brief, but there are other important Bills that we must get on to.

Clause 3 is just on the short title, commencement and extent of the Bill. The short title is in clause 3(1), which says:

“This Act may be cited as the Broadcasting (Public Service Content) Act 2011.”

Even if I were sitting on the Opposition Benches, I would have difficulty criticising that part of the clause, though I might have a go. Clause 3(2) says:

“This Act shall come into force on a day to be appointed by the Secretary of State by order made by statutory instrument provided that such date shall be no later than 1 January 2012.”

I have allowed plenty of time for the Bill to be passed. If the Government are so enthusiastic that they want to bring it in before 1 January 2012, they can, but we have put in place a back-stop.

--- Later in debate ---

[Mr Leigh]

That is a helpful intervention because it takes me on to my next point. A couple of weeks ago the House did me the great honour of electing me as the Chairman of the Public Accounts Commission—not the Committee, but the commission. Members may not be aware of this, but it is very important that the National Audit Office budget is not controlled by the Treasury, because of course the NAO audits Government Departments. We do not want the situation that arises in other countries, where the Treasury gets its fingers on the budget of the National Audit Office. We, as a commission and a Committee of the House, keep a close eye on the overall budget of the National Audit Office.

My hon. Friend lightly throws into the pot the suggestion that we set up a new unit in the NAO, employ more people and increase its budget. There is a price to pay for all this. How many people will the National Audit Office have to employ to carry out its duties under the Bill? Those duties could be quite onerous.

I think that we are in very dangerous territory, because bit by bit we are dragging the National Audit Office into editorial policy. It is difficult to determine the possibility of market failure without judging whether a programme is likely to be a success in the marketplace, and how is such a judgment to be made without judging the editorial content? I am very sympathetic to what my hon. Friend the Member for Wellingborough is trying to do in the Bill, and I think that the whole House would like to apply more pressure on the BBC to use taxpayers’ money to produce more serious programmes, but I hope that he will not put at risk the campaign that is now nearing fruition. The current Secretary of State for Culture, Media and Sport has been part of that campaign, and he made a commitment in the Conservative party manifesto—it was repeated in the Labour party manifesto—that for the first time the BBC’s finances, but not editorial policy, would be subject to the National Audit Office and, therefore, to Parliament.

My hon. Friend gets into even more trouble in clause 2(3), which states:

“In pursuance of its duty under subsections (2) the National Audit Office must conduct, in each calendar year after the year in which this Act is passed, a value for money audit of the expenditure incurred on the broadcasting of public service content”.

I would like to know exactly what he means, because value for money is really a term of art in these matters. It means looking at how efficiently a contract was procured, how many staff were employed and what were the finances for it, but is he suggesting—perhaps he is not—that the value for money in some sense will relate to whether the programmes are of interest to the public and have public service content?

[Mr Bone]

Will my hon. Friend give way?

[Mr Leigh]

I will give way in a moment.

If that is the case, I would have thought that that is directly asking the editorial question, “Is this programme of value to the public or sheer amusement? Is it educational, religious, charitable, news, or is it a programme that is intended simply to entertain?” There again we are in very dangerous territory. I am sure that my hon. Friend can reassure me that that is not his intention.

[Mr Bone]

It is indeed the former, not the later. It is whether the cost of production is value for money. It is in no way intended to be an interpretation of the value of the content. That will need to be clarified further in Committee.

[Mr Leigh]

My hon. Friend assures me, so I think that we are now getting to a stage where, as a result of my previous interventions and what I have said so far in my speech, the National Audit Office is gradually retreating from the Bill. That is fine, but there is another problem: who will make a judgment on what is public service content? That could be a very fraught issue indeed. Apparently, it will not now be the National Audit Office. It is at least generally independent, but for the reasons I have argued it is not right that it should do it. Will it now be the Secretary of State? With that, we are in even more dangerous territory—I see the Minister sitting on the Front Bench. Would it be for the Secretary of State, a politician, to start making judgments on what is or is not public service content? That could be very dangerous.

I can foresee the arguments that the BBC would use if the Bill were to come close to becoming law. It would say that it is a world-class broadcaster that is known to be generally independent and that produces high-quality programmes. Were the Bill to become law, we would move into an era when politicians would get their sticky fingers on determining what programmes were shown on the BBC. My hon. Friend shakes his head, but I am sure he will recognise that those are precisely the arguments that the BBC would use. If he wishes to intervene he may do so, because it is very important that he makes the point that there is absolutely no question of Parliament, politicians or the Government getting involved in any way in what is shown on the BBC. Before he gives too facile an answer, I say to him that he will know that money is everything, and were the Bill to become law the BBC would obviously want as many of its programmes as possible to be deemed to be of public service content, because they would be financed by the licence payer. There would undoubtedly be borderline areas where it was not entirely clear whether a programme had public service content or was sheer entertainment.

[Mr Bone]

My hon. Friend is getting to a really important point. He is absolutely right on this issue, but the process will be self-regulating and will be done by the self-regulator. We are talking about not only the BBC, but all broadcasters. It is rather like the Independent Parliamentary Standards Authority. No Member would dare to claim for anything now that was even borderline; they would make sure that they got it right. If someone did not do so, they would be exposed. The point is that it is self-regulation, and the fact is that they would be terribly embarrassed if anything was ever referred.

[Mr Leigh]

I am grateful for the reassurance that my hon. Friend is attempting to give me, but may I say, with respect to him, that it is not entirely convincing? Many of those judgments are subjective, particularly in the world of broadcasting and entertainment. I hope that he does not think that I am being unduly negative. I am simply using the opportunity of this speech to ask some questions and make some points.

Before sitting down, I want to say that I believe very strongly that my hon. Friend the Members for Christchurch (Mr Chope) and for Wellingborough have done a service, because it is very important that the BBC is aware that there is considerable feeling in Parliament that there might be alternatives to the present structure. Is it right that the licence fee, which is paid for by the taxpayer, should just fund entertainment? The taxpayer should fund programmes that are educational and definitely concerned with public sector information, but in the modern world there are so many other broadcasters and possibilities. My hon. Friend is right to make that point.

The BBC has become a vast tree and all other broadcasters are in its shade. Public sector programmes are declining in value and content. We know that independent broadcasters are under enormous pressure. One need only compare the quality of the weather forecasts on the BBC with those on independent channels to know that much more money, resources and expertise go into those on the BBC. Undoubtedly, independent television is under enormous pressure to try to produce high-quality programmes. It would be an entirely positive step if some of the licence fee could be diverted to them. That would aid competition and ensure an explosion of new and interesting programmes, including educational and religious programmes, not only from the BBC but from independent broadcasters.

I hope that my hon. Friend does not think that I am unduly negative, as I am strongly in favour of opening up the entire debate. I do not believe that the BBC’s funding structure should be set in stone. What was appropriate for the 1930s or 1950s may not be appropriate for 2015, 2020 or 2025. It may well be the case in future that the BBC’s entertainment programmes should be funded by subscription, advertisements or other means. The Bill is an important first step in raising the profile of those arguments, and I congratulate my hon. Friend on introducing it and on speaking on support of it.

Private Members’ Bills

Debate between Edward Leigh and Peter Bone

Wednesday 30th March 2011 Commons Chamber

[Mr Bone]

I cannot—I do not have that sort of memory—but I got the impression that the hon. Lady was saying, “No more extra days,” whereas the previous Government did not support Standing Orders and reduced the number of private Members’ days in a Session, and I shall talk about that briefly later on. That is a key issue. I was hoping she would stand up and say, “Actually, the previous Labour Government got it wrong on that particular point.”

While I am dealing with the hon. Lady’s remarks, I wanted to talk about the process and the number of Members who have tabled private Members’ Bill. She gave the impression that only three Members had tabled Bills.

[Mr Edward Leigh (Gainsborough) (Con)]

What does my hon. Friend think would have been the attitude of our late, great friend, Eric Forth to all this? He killed more private Members’ Bills than most of us have had hot breakfasts. Would he have welcomed more days for private Members’ Bills so that more people could indulge their fantasies of adding to the nanny state?

[Mr Bone]

Eric Forth was perhaps one of the best parliamentarians ever, and I rather think he enjoyed Fridays, so he probably would have liked more.

I saw a wonderful quote from the Leader of the House, who is not in the Chamber, about how wonderful it was to be selected in the ballot. The main obstacle to getting his Bill on the Order Paper was Eric Forth. Eric will probably be looking down now and saying, “Yeah. Actually, we would like more power for Parliament”—he certainly believed in that—“and therefore more power for Fridays.”