Private Members’ Bills

George Howarth Excerpts

Wednesday 13th April 2016 Westminster Hall

[Mr George Howarth (Knowsley) (Lab)]

May I congratulate my hon. Friend the Member for Manchester, Withington (Jeff Smith) on securing this debate? It is a great pleasure to follow the right hon. Member for Saffron Walden (Sir Alan Haselhurst).

Members of the public who are following this might think it is a self-regarding, inward-looking debate about what we do as the House of Commons. That is perhaps understandable, but I argue that this debate actually strikes at the heart of our role as elected Members of this House. Erroneously, we are considered to be legislators, but the reality is that we are not legislators at all. Back-Bench Members of Parliament have little or no control over legislation and the progress of it in this House.

As the right hon. Gentleman just said, all Governments —I have served under Conservative Governments, Labour Governments and coalition Governments—take control of the legislative process. It is perfectly natural for Governments to want to use the time available in this House to their benefit, but that ignores the role of Back-Bench MPs altogether. The Government, in my view, hold far too many cards.

In my hon. Friend’s opening speech, he talked about some of the successful private Members’ Bills in the late 1960s. They were mostly social reform measures. He referred to them, so I will not repeat that, but the important thing about those Bills was that they were all Government handout Bills, mainly associated with Roy Jenkins.

I want to say a word about a solution to this problem that would put more power in the hands of Members of Parliament and take power away from the Government in controlling the process, but first I want to talk about the role of the Procedure Committee, to which reference has already been made. I am a great admirer of the hon. Member for Broxbourne (Mr Walker), who chairs that Committee, but I detect a singular lack of will on the part of that Committee to resolve this issue. I do not want to criticise any members of that Committee, and certainly not the Chair; but this issue has been outstanding and urgent for a long time, and yet the Committee has failed to come up with a solution.

[Patrick Grady]

There are several members of the Procedure Committee here. We are putting a lot of effort into the current investigation and did so on the previous one. A very comprehensive report was produced at the end of the last Parliament, and then the Government did not make time for debate. It is important to have that on record.

[Mr Nuttall]

Will the right hon. Gentleman give way on that point, very briefly?

[Mr Howarth]

I cannot give way without responding to the first intervention. I will give way in a moment, if the hon. Gentleman exercises a little bit of patience.

My criticism is not of the work that is being done, but of the lack of will there seems to be to bring the matter to a conclusion, not necessarily on the part of the Procedure Committee or of this House. My argument is that Members of this House have to take control of this issue and determine what they want to do. It is as simple as that. No amount of effort on the part of the Procedure Committee can, in itself, bring about that solution.

[Mr Nuttall]

I am truly grateful. I think I am right in saying that I am the only Member here who served on the Procedure Committee in the previous Parliament. That Committee did amend its proposals to try to meet the wishes of the Government. To be fair, it tried to do all it could to reach an agreement.

[Mr Howarth]

I am grateful to the hon. Gentleman for his intervention; I simply observe that we are no further forward on the issue. Despite the frequent and lengthy deliberations of the Procedure Committee and everybody else, we are still in the position that my hon. Friend the Member for Manchester, Withington described, whereby the public look askance at what we do on a Friday in this House. Frankly, we need to do something about that. My argument is that no Committee of this House seems to have the will or the drive to bring the matter to a conclusion. We, as Members of this House, have to take control of this issue and determine a course of action that will resolve the problems.

The right hon. Member for Saffron Walden and I have been looking at this problem in parallel, from different points of view. We have, between us, some of the solutions to the problem. I thank the Clerks in the House of Commons for their advice. I have been working to try to bring a solution. Certainly in terms of when private Members’ Bills are considered, there is a solution, in principle. We could amend Standing Order No. 14. Unless we reduce the number of Bills, we would need to sit on Tuesday and Wednesday evenings—26 of each—for a three-hour period to make up the necessary time. There are other consequential amendments, but with time being at a premium, I will not go through them. For example, we would need to amend Standing Order No. 12 so that the House would not sit on Fridays unless otherwise ordered to do so, and we would have to repeal Standing Order No. 19 altogether.

The right hon. Gentleman and I, between us, have some of the solutions, but other issues would need to be resolved. How would we timetable? I certainly would not be averse to the Backbench Business Committee taking control of the timetable. One thing that has not been mentioned yet is that any Back-Bench Member who had a serious prospect of bringing legislation to a conclusion would need advice about the drafting of private Members’ Bills. We all think that we could sit down and draft a perfect Bill. In reality, having been a Minister responsible for legislation in the past, I know that that is not the case. Any of us, in order to do that properly, would need advance advice from parliamentary draftsmen, to ensure we had a competent Bill.

If the House wants to control this issue, it is in our hands. One way forward might be for Mr Speaker to establish an advisory committee as to how to deal with private Members’ Bills. If he was minded to do so, I would certainly be happy to be part of that, and I am sure other Members would also. This issue can be resolved if we, as a House, have a will to resolve it.

--- Later in debate ---

[Mr Nuttall]

The answer to that lies in Standing Order No. 36. The hon. Lady referred in her speech to the assisted dying debate. Because there were so many Members in the House that day, there was no need to have closure motions, because the parties agreed that it would go through. It was the will of the House that there should be a vote, so a vote took place on the merits of the Bill. The important thing about that Bill was that, just as in the case of the Bills that the hon. Member for Manchester, Withington referred to, such as on the abolition of the death penalty and abortion, it was on a matter of conscience, on which Members have a free vote. To put it another way, the Government are neutral on such matters. As has been said a number of times this morning, no Back-Bench Member should expect their Bill to get through the House unless it has the support of the Government, or at least their tacit silent agreement to stand aside.

[Mr George Howarth]

Does the hon. Gentleman not agree that although those are matters of conscience, the problem with the current procedures is that we are prevented from having the opportunity to exercise our conscience?

[Mr Nuttall]

Well, there was a vote on the Assisted Dying Bill. As far as I am aware, when any Bill on a matter of conscience has come before the House, it has generally been given a vote. However, I make no apologies for using the procedures of the House to oppose a Bill in any way that I can.

I am conscious of the fact that my three minutes have already gone, Ms Vaz—although I have taken a couple of interventions—so I will just say this: those who want to change the procedures of the House should be careful what they wish for. Anyone who thinks that simply changing the procedures will make it easier to get private Members’ Bills through is frankly kidding themselves. The reality is that if the time for consideration of private Members’ Bills is moved to a Tuesday or Wednesday evening, the Government will use their majority and a three-line Whip will be imposed on Government Members. Any Bill that the Government oppose will be voted down—that is the reality of the situation. I look forward to hearing what other Members have to say.

--- Later in debate ---

[Dr Coffey]

My hon. Friend makes an important point, which is that hon. Members should think about the outcome of what they are trying to do. Using their Bill as a device might not always result in an individual Act of Parliament but, as he says, such Bills often result in change.

The hon. Member for Burnley (Julie Cooper) mentioned her Bill. Carers UK has supplied written evidence to the Procedure Committee’s current inquiry, and it is fully aware of how to use private Members’ Bills. Carers UK rightly encouraged people to come along to support the Bill, but it is happy that it secured a change in ministerial guidance, which was committed to on the Floor of the House that day. Even though the Minister said directly that the Government would not support that Bill, he said that they would support some of the Bill’s outcomes through a change in guidance.

[Mr George Howarth]

I congratulate the Deputy Leader of the House on being successful in getting a private Member’s Bill through Parliament but, as a generality, does she agree that, in all seriousness, we are not legislators?

[Dr Coffey]

I disagree with the right hon. Gentleman. He has been a Minister, and he can use that experience in his role as a Member of Parliament. I believe that we can, if we wish, make a serious contribution to the progress of any law going through this House.

Traditionally, private Members’ Bills have been used to raise smaller issues, as well as big, significant issues of conscience, which have already been mentioned. The private Members’ Bills that have been successful have either changed an outcome in Government policy in due course or have made a modest and sensible change to the law with which people agree. In this Session, six such Bills have passed through the House of Commons, of which three have received Royal Assent and three are in the Lords.

It is important to say that, although the Government do not, and should not, have a monopoly on legislation, they have a mandate to legislate, whereas private Members’ Bills do not necessarily have an elected mandate from the country. As a consequence, I support the fact that we should encourage people to write to us if they want to support particular legislation, and I will shortly address expectation management and the role that each of us can play.

It can be difficult to get legislation through if the Government are opposed to it, but it has happened. My right hon. Friend the Member for Chesham and Amersham (Mrs Gillan) succeeded with the Autism Act 2009. She secured a closure against the wishes of the then Labour Government by getting a sufficient number of Members to come and support the Bill—those Members were not just from the Conservative party. She then managed to make progress through the House. The right hon. Member for Knowsley (Mr Howarth) knows that such Bills are in the control of hon. Members because we can get closure motions. There were several such closures in the previous Parliament, including on the Daylight Saving Bill, several on European Union (Referendum) Bills, on the Affordable Homes Bill, on the National Health Service (Amended Duties and Powers) Bill and on the International Development (Official Development Assistance Target) Bill. Members were ready in case a closure motion was needed on the Live Music Bill. There was an unsuccessful attempt to move a closure on the Tenancies (Reform) Bill, when not enough people were here. I understand that constituency days are important, but if Members genuinely believe that a piece of legislation should make progress, it is within their power to make that happen.