Select Committees

Graham Allen Excerpts

Wednesday 3rd June 2015 Commons Chamber

[Chris Grayling]

The creation of the Women and Equalities Committee has been asked for by Members from all parts of the House, and I pay tribute to my right hon. Friend the Member for Basingstoke (Mrs Miller), who has been instrumental in driving that agenda. If this Committee’s formation is agreed to by the House tonight, it will have all the usual powers of a departmental Select Committee, as set out in Standing Orders. I have introduced this motion so that the House can make such a decision; I hope it will choose to do so. The Standing Order makes clear that the Committee will be established until the end of this Parliament; it will then be for the House to decide whether in the next Parliament the Committee becomes a permanent Committee. I imagine that that will be the case.

The next motion changes relevant Standing Orders so that the name of the Select Committee on Public Administration can be changed to the Public Administration and Constitutional Affairs Committee and be given the power to consider all aspects of constitutional affairs. This is a simple consequence of the fact that in this Parliament there is no ministerial position of Deputy Prime Minister. The motion before the House takes us back to the position immediately before the election in 2010.

The final motion paves the way for the election of Select Committee Chairs by secret ballot of the whole House, introduced for the first time in the previous Parliament, by allocating each Chair to a specific party in accordance with the proportions that Mr Speaker has notified the party leaders of, in accordance with Standing Order 122(B). If this motion is agreed to, arrangements for a ballot will be made, under the supervision of Mr Speaker, in accordance with the remaining provisions of the Standing Order. I know that many Members from all parts of the House have put their names forward for election as Select Committee Chairs. I wish them all the very best in their campaigns.

[Mr Graham Allen (Nottingham North) (Lab)]

Will the Leader of the House explain why the Women and Equalities Committee is not going to be a permanent feature of the Standing Orders and will fall at the end of this Parliament? I hope it is not some sort of sop on this very important subject, because I think the House would take a dim view of that.

[Chris Grayling]

The Committee will be here for as long as the House chooses to keep it here. My expectation, as I said, is that it will be an ongoing feature, but, when a Committee is introduced for the first time, it is not unusual for it to be introduced for a Parliament and, then, for the next Parliament to choose whether to renew it. My expectation is that it will choose to do so.

Hon. Members may notice that the Chair of the Backbench Business Committee is not specified in the motion. That is purely because its Chair is not specified under the same Standing Order as the others, although they are elected under the same proceedings. The election of the Chair of the Backbench Business Committee will take place at the same time as the elections of the Chairs covered by the motions before us. I commend the motions to the House.

--- Later in debate ---

[Mr Graham Allen (Nottingham North) (Lab)]

It is very nice to see you, Madam Deputy Speaker, in the Chair. I believe it is the first such occasion since your election. Even though we are to witness the death of the Political and Constitutional Reform Committee, your decision, as a former member of that Committee, to dress entirely in black was unnecessary but very welcome, and the message will have been received by many in the House.

The Political and Constitutional Reform Committee had a magnificent record in serving this House over five years. I do not know whether that is why its tenure has not been renewed. It is for the usual channels and the Leader of the House’s Office to make it clear why the Committee’s tenure has not been renewed. I will list one or two of our reports that may have caused some embarrassment to the then coalition Government. However, all of them were done and approved by an all-party Select Committee, which was elected by this House. The Chair, which was me, was one of the first to be elected by the whole House, because of the Wright Committee reforms. All the members of the Select Committee were, for the first time ever, elected by the individual parties in a secret ballot.

My anxiety, which I am sure the Leader of the House will allay, is that this could be the first of the changes—the rolling back—that will leave the Government completely in control without even a nod in the direction of parliamentary accountability, because I believe that parliamentary accountability will be lessened.

This was not a Committee packed by one party or another. In fact, it had a Conservative majority, but anyone attending the Committee would not have got that impression. The members of the Committee, including you, Madam Deputy Speaker, when you were in a less distinguished role, are among the most awkward bunch of people whom one could ever get together in one Select Committee. Perhaps that is another reason the Select Committee is being abolished tonight by the Government.

I should mention here some of the colleagues on the Committee: the hon. Members for Christchurch (Mr Chope), for Chatham and Aylesford (Tracey Crouch), and for Foyle (Mark Durkan), my hon. Friend the Member for Newport West (Paul Flynn), the then Member for Chippenham, Duncan Hames, my hon. Friend the Member for Leeds North East (Fabian Hamilton), the hon. Members for Morecambe and Lunesdale (David Morris), and for Bromley and Chislehurst (Robert Neill), the then Member for Vale of Clwyd, Chris Ruane, and the hon. Member for Isle of Wight (Mr Turner). Many of those distinguished Members from all parts of the House are in the Chamber this evening.

There are also Members who were on the Committee who are very keen to be named, and quite rightly, for the great work that they did, including the hon. Member for Burton (Andrew Griffiths), who served so well. I know that my hon. Friend the Member for Carmarthen West and South Pembrokeshire (Simon Hart) was in the House just a moment ago, and has left. Then there was the then Members for Taunton Deane, Jeremy Browne, for Edinburgh East, Sheila Gilmore, my hon. Friend the Member for Stoke-on-Trent Central (Tristram Hunt), the hon. Member for Epping Forest (Mrs Laing)—of course, Madam Deputy Speaker—my hon. Friend the Member for Bolton South East (Yasmin Qureshi), and the then Member for Bristol West, Stephen Williams. Like you, Madam Deputy Speaker, they are people who, from this modest training ground of a Select Committee, have gone on to higher things.

Unlike some Select Committees, the Political and Constitutional Reform Committee took its job very, very seriously, and it never missed a quorum. New colleagues coming to the House may understand that as we get towards the end of a five-year Parliament, it is quite easy to want to drift off and go to our constituencies on a Thursday morning, which is when we used to meet. But we never missed a quorum.

Another interesting fact is that my Select Committee never went on a foreign trip. I do not know whether there is any other Select Committee that can say that. Perhaps that is another reason why we were abolished. Perhaps we were stepping out of line. [Interruption] I do not know whether our frequent visits to Scotland should be regarded as a foreign trip. We certainly did not see it that way. We also made frequent visits to the Senedd in Cardiff and to our good friends in Belfast.

As Members will gather from that roll call of Committee members, we were very serious about our work; indeed we could be nothing else. As I read my own obituary as the Chair of the Select Committee—certainly the Select Committee’s obituary if not my own—I can say, I guess, that it leaves me free to operate in other means. I wish to commend Martyn Atkins, Steven Mark, Joanna Dodd and others who were part of the team. Any Select Committee lives or dies by the capability of its Clerks and those who assist it, and those individuals did a most magnificent job.

If anyone cares to read not even the reports but the list of reports that the Select Committee produced, they will see that it was at the sharp end of so many of the debates that will continue in the new Parliament and that it is perhaps rather strange that it is not enabled to continue its life to pursue some of those issues. We have heard some of them tonight. We have issues such as English votes for English laws—not disappeared and still requiring scrutiny—and human rights.

The Government may welcome a little assistance with their human rights legislation, which does not seem to be progressing smoothly. That is exactly the sort of thing on which, with a five-year Parliament, the Chief Whip does not have to ram everything through or hold every Second Reading in the next couple of weeks. That is the old days; things have changed. We now have a five-year fixed term. He could get the board in Mr Roy Stone’s office—he runs the House of Commons—and plan proper scrutiny. One of our reports was on legislative scrutiny. Why on earth can we not have a steady, clear rolling forward of Bills to include pre-legislative scrutiny of every Bill? Is that not one of the roles of the House? Should that not apply to every Bill, wherever practical?

Have other issues—for example, parliamentary boundaries—gone away? I think not, and I suspect that with an impartial, all-party view, with serious scrutiny, not done on the basis of the whim of the Chair or the majority of members but by a difficult, independent-minded bunch of people getting under the skin of some of these issues, the House could do the Government a great service, if only they realised that they should have a partnership with the House, rather than a relationship of domination and subordination, and it is a great pity that they do that.

We looked at devolution throughout our five years as a Select Committee, not to interfere with the Scottish and Welsh Affairs Committees and the Communities and Local Government Committee—they were doing very well—but in an overarching way to look at the constitutional implications and not just how this affects, say, Wales but how it affects the Union, how other nations in the Union could learn, as we learned when we visited the Scottish Parliament, the Welsh Assembly and the Northern Ireland Executive, and how things can be done better than they have been done here, often for many hundreds of years without reform.

We certainly need effective scrutiny of things such as English devolution. Can that possibly be given the focus that a dedicated Select Committee on political reform could give it? Had the House completed its consideration of all those democratic reforms, I would be the first to say that the House no longer needed such a Select Committee. That patently is not true; those issues still require scrutiny. I have great respect for the Chairs whom I have served with on the Liaison Committee—the Chairs of the Public Administration and Justice Committees and the Scottish and Welsh Affairs Committees and the Communities and Local Government Committee and others, all of whom were very capable—but they all had very full agendas. Unless they do not have a full agenda, how on earth can they give the sort of scrutiny to things that we gave focus to in the last Parliament?

Sadly, on some occasions, there was not always a relationship of joy. I am surprised that the Chief Whip smiles. He should bow his head in shame for the fact that his Government presented, for example, the gagging Bill, as it became known, one day before the rise of the House and gave it a Second Reading on one day when the House returned. That is not allowing Parliament to scrutinise effectively. Sadly, that is a Government who feel a lack of confidence in their ability to trust Parliament and an all-party committee to give a fair deal, hear witnesses and take evidence. I hope that the Leader of the House changes that tone and style over the next five years and gets the best out of the House of Commons, rather than treating it as a potential enemy to be suppressed, kept down and not talked to.

I said that my Select Committee members were an awkward and difficult bunch. When they were told that the Government were going to put the Bill before the House one day before the recess and have Second Reading one day after the recess, they obviously rolled over and went on their summer holidays—I don’t think so. They insisted that we took evidence in the recess, before the House came back. We did our duty by the House. I do not know whether the House wishes to do its duty by our Select Committee tonight. That is another matter, but we did our duty by the House by reconvening and calling witnesses so that we could do a thorough job for the House. Anyone who witnessed the proceedings of the gagging Bill as it went through the House of Commons can do nothing but say that the Select Committee did its job thoroughly. For possibly three or four days on the Floor of the House, we made sure that the Bill was properly scrutinised.

To give credit where it is due, the Government adopted many of the Select Committee’s proposals. It was not done in a partisan or partial way. There were things that we discovered and could help the Government with to produce a better Bill. My hon. Friend the Member for Wallasey (Ms Eagle) called it a dog’s breakfast. I think that through its work the Select Committee made that dog’s breakfast slightly more palatable.

There were occasions when the Government were rather slow to respond to the Select Committee’s proposals. As you know, Madam Deputy Speaker, it is traditional for a Select Committee to produce a report and for the Government then to respond. Even after the general election, there are still outstanding matters, where the House has not received through its Select Committee a response from Government.

I will write to the Leader of the House listing the items that still need a reply. I should tell him that, on one occasion, the Government took a year to reply to a Select Committee report. But it was worth waiting for—the response was one page long and it did not address any of the detailed points made by your Select Committee, on your behalf, whichever part of the House you sit in.

[Alex Salmond]

The Standing Orders.

[Mr Allen]

Rather like the Women and Equalities Committee, which will I hope be established today, the Political and Constitutional Reform Committee was not in the Standing Orders, as departmental Select Committees are. I ask colleagues who have fought hard to get their Select Committees to remember the difficulties that can be put in their way and what can happen if it is a Select Committee that fulfils its duty to the House and in some cases over-fulfils it, but is not in the Standing Orders. It is much more difficult for a Government who feel they can run roughshod over the House of Commons to repeal the Select Committee if it is in the Standing Orders.

I see you, Madam Deputy Speaker, are shuffling in your place. I do not know whether that is because I am coming to the end of my remarks or whether you are moving in anticipation of the list of reports that the Political and Constitutional Reform Committee produced in the previous Parliament on behalf of the House. I will touch briefly on those and bring my remarks to a close before the hour is up.

For example, we did an extensive report on voter engagement. At the general election before last, 16 million voters did not vote; 7.5 million did not even register. That figure is higher than that for those who voted for both the major parties. We carefully examined a lot of evidence on what we could do about the situation, and more than 16,000 consultations were returned—a record for the Select Committee.

One of the features of the Select Committee on Political and Constitutional Reform was that it involved people outside the bubble. It went not only to the Assemblies and Parliament outside Westminster, but discussed through social media and other means the implications of some of the things we were proposing. That is why we reported on votes at 16 and 17 at future general elections and on why online voting should be taken seriously. That is why before the last election we led, not least by portraying a ballot box on Big Ben, on the effort to encourage people to register to vote. We did many other things as well.

Unfortunately, we were not taken seriously on our proposals on political parties and their funding; that issue still needs proper scrutiny and it requires the House to come to a final settlement. There is still no formal process for the House to be consulted about going to war. A convention has arisen in recent years. I remember trying to get the House to sit to consider the Iraq war, and it took a great deal of effort for that to happen. The then Foreign Secretary stated that the Government would enshrine in law for the future the necessity of consulting Parliament on military action. That has not yet happened, and the Government have yet to respond to the report—even before the demise of the Select Committee, the Government had failed to respond to that report.

[Madam Deputy Speaker (Mrs Laing)]

Order. While the hon. Gentleman is pausing slightly, I should say that I fully appreciate that he is illustrating his amendment by eloquently explaining to the House the importance of his excellent Select Committee’s work in the last Parliament. However, I am afraid that I have to tell him that, in going through in detail—or indeed at all—all his Committee’s reports, however excellent, he is not strictly in order. I know that he will wish to remain in order and tailor his remarks accordingly.

[Mr Allen]

I did say that we had some awkward people on my Select Committee, Madam Deputy Speaker; I did not realise that you would prove that so eloquently from the Chair. You are absolutely right to bring me to order and I will stick far more closely—for the next half hour or so—to the subject at hand. “I’m just getting my second wind”, as Eric Forth used to say.

I am speaking to the amendment on the Order Paper—[Interruption.] I should say to the right hon. Member for Broxtowe (Anna Soubry) that it is at the top of page 10; I am glad that her reading is coming on. It would add “and political reform” to the title of what would now be the Public Administration and Constitutional Affairs Committee. That is important because such important issues need to be scrutinised by Parliament and have to go somewhere; no doubt the human rights question will go to the Justice Committee. The so-called territorial Committees will be interested in these issues and the Public Administration and Constitutional Affairs Committee will want to take a view. Such issues, including the Boundary Commission, are very important to our democracy.

The last reform I want to mention, in the context of the “political reform” stated on the Order Paper, is in respect of the House itself—the unfinished business of the Wright Committee, which did so much good work. I commend it to the Leader of the House, who is listening intently. One of his predecessors, Sir George Young, put before the House the necessary motions to ensure that the House could elect its Select Committees and could elect their Chairs from across the whole House.

One of the items of unfinished business would end this sort of pantomime, in which we pretend that Parliament has decided, but we know in reality that the Government have decided, pushed along by one or two officials when new Ministers and Whips are in place. They want above all to ensure that we do not have the mechanism to decide our own agenda in this House. The only institution that can do so is a House business Committee. The right hon. Member for Forest of Dean (Mr Harper), who is now the Chief Whip, was a member of the Government who promised solemnly—it may even have been in the manifesto —to bring forward a House business Committee. Instead of manipulating the House through the usual channels—

[Madam Deputy Speaker]

Order. I appreciate that the hon. Gentleman is addressing a matter of importance and one that was considered at length by his excellent Committee, but that does not make it in order for the matter before us now. I am aware that other Members wish briefly to contribute to this debate, and that we have a maximum of 12 minutes left. I hope that the hon. Gentleman, who is a great constitutionalist, will respect the constitutional position of the Chamber and adhere very strictly to the matter in question.

[Mr Allen]

That is the first time I have ever been accused—it is an appalling accusation—of being a great constitutionalist. I am a democrat, as I hope most people in this Parliament are. The only way in which all of us in the House will be able to express our views openly and freely, without being told what to do by the incubus of Government that controls us here, is by having our own House business Committee.

I believe that those of us who served on the Political and Constitutional Reform Committee have a very proud record to look back on. I hope that some of the things we did and some of our reports are a legacy that people can dip into when they feel they have a problem on human rights or on codifying what the Union should look like in a devolved and federal United Kingdom. For example, they could look at our report on the Boundary Commission question, which we came up with very close to the end of our term. There is a lot of good stuff in the reports. It is just a little sad for the ability of this House to scrutinise the Government, who hold all the cards, that this Committee and its successors may not be able to scrutinise them and do the job that parliamentarians of all parties feel is the role of this Parliament.

Thank you for your forbearance, Madam Deputy Speaker. With that, I close the Political and Constitutional Reform Committee.