English Votes for English Laws
Graham Stuart Excerpts(9 years ago)
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Chris Grayling
I am very grateful to my hon. Friend for his support. I think this is purely about fairness and I find it disappointing that the Scottish National party—and not purely the SNP, because Labour appears to take the same view—which believes in fairness for the people of Scotland and in the devolution of responsibilities, which has already happened for the Scottish Parliament, seems opposed to a relatively limited measure affecting the English, which does less than some people want. It is disappointing that the belief seems to be that Scotland should get more but England should not have a small measure to counterbalance that.
Graham Stuart (Beverley and Holderness) (Con)
My right hon. Friend is being too generous to Opposition Members, particularly the Scottish nationalists. After all, they have long espoused the need for devolution to England, and merely to ensure consent for procedures that impact only on England or England and Wales is the tiniest modest step in that direction. They espoused that view for years and now, opportunistically and cynically, they try to suggest that it is something else.
Chris Grayling
I hope that the Scottish National party, which is made up of a group of people I have grown to like and respect, will not seek to use this matter to pursue a different agenda to do with the separation from the Union. I hope that they would not say that we should not be fair to England purely to whip up concern in Scotland that would encourage support for a second referendum.
Graham Stuart
Further to that point, my right hon. Friend is right. We have learned to like and respect the Scottish nationalist Members since they came here, but is it not clear that this is quite an imperial project? MPs in this Chamber who represent the Scottish National party do not think or speak for themselves; they do exactly as they are told by Edinburgh.
Chris Grayling
In some cases, there might be some evidence of influence from Edinburgh, but I do not think that anybody would dare suggest that the right hon. Member for Gordon (Alex Salmond) could be told what to do in this place by anybody.
Ms Eagle
I agree with the right hon. Gentleman about the diagram. It looks more like a plate of spaghetti than a way of legislating sensibly. As for his question, how often that “ping pong to the power squared” would actually happen would depend on how much disagreement there was between the other place and this place. I think that we in the House of Commons must think very carefully about quite how complex some of these legislative processes become if there is contention.
Graham Stuart
Does the hon. Lady accept that, notwithstanding her valiant efforts, those of members of her party, and those of the 56 nationalist MPs who are here to discuss an English-voting subject—[Interruption]—it is simply an issue of consent? English MPs, or English and Welsh MPs, give consent. It may have to be written into many pages of Standing Orders, but it is as simple as consent. The hon. Lady knows that that is true.
Ms Eagle
I think it is a lot more complicated than that, and I think the hon. Gentleman should be a bit more wary about waving his red rag at the bull, because he is causing dissension rather than trying to achieve consensus. That is not the best way to behave when we are dealing with the Standing Orders of the House, although the hon. Gentleman appears to be enjoying himself.
Ms Eagle
That is part of the problem: we have never had an explanation from the Government as to why the very sensible, well-debated, well-researched views of the McKay commission have been completely disregarded.
We appear to have a Government in a hurry to offend and to govern by provoking grievance and division, which is no doubt why they laughably refer to themselves—
Ms Eagle
I have already given way once to the hon. Gentleman and it is important that I now get on to make the rest of my speech, so that other people can contribute to our debate.
The proposals before us risk exacerbating strains on the Union. They are shoddy, and conceived in a highly partisan fashion, and therefore they are deeply flawed. They are much more aggressive in their handing over of powers to English MPs than the McKay commission decided was wise, yet the Leader of the House has not explained why he has chosen to ignore the advice and the warnings coming from a commission that the Government appointed. Wherever they have had to exercise a judgment, the Government have opted for more powerful and less nuanced powers for English MPs. They have fallen short of advocating an English Parliament, perhaps because England forms 85% of the whole Union and any English First Minister would probably be more powerful than a UK Prime Minister, but they are certainly incubating a proto-English Parliament within this supposedly Union Parliament.
Ms Eagle
In all three statements or speeches that I have made in the past three weeks, I have begun by conceding exactly that point. I have done it not for show but because it is what we believe.
The proposals mean that, if a Government do not command a majority in England, it is doubtful that they could actually govern. The complete lack of effective consultation with any other party outside of Government on some of the controversial aspects of these proposals makes them partisan and divisive when they should have been accomplished on a cross-party basis. When it comes to making changes of such constitutional importance and technical complexity, it is only right that they should be scrutinised effectively.
The Government’s proposals fundamentally alter the constitution and the operations of this House, as well as impacting on the other place. In those circumstances, it is appropriate to set up a Joint Committee of both Houses to consider the proposals in greater depth. I call on the Leader of the House to do so.
Joint Committees of both Houses have a strong tradition of effective cross-party scrutiny of complex issues of constitutional importance, both legislative and non-legislative. For example, the highly regarded Cunningham Committee looked at the non-legislative issue of conventions between both Houses. The report was noted with approval in both Houses in 2007, and has stood the test of time and sets a clear precedent on which the Government should now proceed.
Graham Stuart
The hon. Lady is being most generous, especially as she did not intend to be—to me in particular. She is focusing entirely on process, and process is an important part of this matter, but she has not given the slightest hint of a suggestion of what the Labour party thinks should be done about it, even though it was the author of the original mess many, many years ago. She needs to give us more than just process; otherwise we will doubt her goodwill
Ms Eagle
The hon. Gentleman uses his usual charm. He can take it now that I will not be giving way to him again for the rest of my speech. Part of coming to cross-party agreement is that one does not have a completely developed plan that one wishes to force on everybody else—it is called compromise. Obviously, the hon. Gentleman does not understand how that works, but that is not a surprising given his antics in the debate today.
Mr David Davis (Haltemprice and Howden) (Con)
I propose to speak very briefly as I have only one substantive point of principle to make.
I start by again commending the Leader of the House for taking on board the concerns of Members on both sides of the House and for the approach that he has taken. I have as much taste for political combat as the next man, but the tenor of this debate—I say this to my Unionist colleagues in all parts of the House—matters almost as much as the content in terms of not generating grievance and nationalist causes, shall we say, as a direct result of our attempt to stabilise our constitution.
That said, I do take issue with the Government over the approach of using Standing Orders. The simple argument made to me at the beginning was that this was to protect any change from interference by the courts. While I understand that, the same argument would have applied equally to the Bill that became the Fixed-term Parliaments Act 2011, for example, yet that was capable of being drafted in such a way that the courts would not dare meddle in it, as they would not dare meddle in this. Whatever the legal position, the political position of our courts is that they would not interfere in something as fundamental as the balance of power between the parts of the Union. I take a very serious view of this, because it takes out of play, in a constitutional ruling, the House of Lords and the whole mechanism that we usually apply to these matters.
We are thus in the peculiar position of having a constitutional change to our House of Commons that is put in very quickly, with probably not enough consideration, and that a future Government can take out equally quickly. That is, in many ways, even more dangerous than the mechanism we have chosen.
Graham Stuart
That is one of the strengths of using Standing Orders. The very fragility of it means that, contrary to the constant use of the word “partisan” by the hon. Member for Wallasey (Ms Eagle), it will need to have consensus across the House. At any election, any party would be asked whether it felt that it had become the settled will and the right way to run things, and if not, legislation could indeed be passed. The Leader of the House has said that when the review is conducted in a year or so, that is one of the options that would be looked at.
Mr Davis
I am afraid that I could not disagree more. The simple truth is that we have made it down the centuries with an unwritten constitution that has existed because of the respect given to it on both sides of the House. That has fragmented in the past decade or two. I do not want to have a circumstance where the rules of operation adversely affect the democratic rights of our citizens. By the way, we have been talking all the time about the democratic rights, or standards, of MPs and whether we have one or two classes of MP, but what matters is that we have one class of citizen. I do not want that to be subject to the vagaries of any future Government.
Pete Wishart
It is almost difficult to try to explain ever so gently to the Leader of the House how it works. It is a solution that works across the world and it is called federalism. It is where we do our thing and English MPs do theirs. I know they are unhappy—I hear it again and again—and so we then come together in this Parliament, where we all have the same rights and same status. What is happening now is the creation of a quasi-English Parliament within the unitary Parliament of Great Britain and Northern Ireland. It is that solution that is totally unacceptable, gives us a second-class status and stops us being able effectively to represent our constituents. It is not on.
Graham Stuart
The power of the hon. Gentleman’s performance—I agree with colleagues that it is first class—is matched only, I think, by the fundamental dishonesty of the message. He knows that simply providing the simple consent of English Members of Parliament—with no Executive, no English Parliament—to measures going through this place means that his fox has been shot. He hoped for measures that would allow him genuinely to say that he and his colleagues were second-class MPs, but they will not be. They will be voting on everything, and we will simply have to give consent, too. He knows that that is right and he hates it.
Pete Wishart
I invite the hon. Gentleman to look at the explanation of what will happen as shown in the wonderful graphic displayed by my right hon. Friend the Member for Gordon. This is great, isn’t it? It is like the line-up to the battle of Bannockburn—all we need is William Wallace in the middle to go over the edge. It is just ridiculous. I think it was the Conservative Chair of the Procedure Committee who identified that there are another four stages to parliamentary Bills in all this—God knows how we will get through a parliamentary Session with all the extra work that will have to be done.
We are excluded from two sections of the procedure and then we are back in and out. I am having difficulty understanding. I know that my right hon. Friend is better at looking at these things than I am, and he may be able to come to terms with this smorgasbord of traffic lights. The illustration shows that the second-class Members on the SNP Benches will not be able to participate in the extra Grand Committee stage for England. I do not know whether the Serjeant at Arms is going to get his little sword out and stop us coming in. I am not sure how will we be barred from participating. If we were to intervene or to try to say anything, would we be named or thrown out? These are some of the absurdities that are part of this dog’s breakfast of a proposal.
Graham Stuart (Beverley and Holderness) (Con)
It is a pleasure to take part in this debate and to follow the performance of the hon. Member for Perth and North Perthshire (Pete Wishart), which I think fully reflected the quality of the contribution of the Scottish nationalists to this debate.
English votes for English laws is a constitutional proposal of fundamental importance, necessary to deliver fairness for England and vital to safeguard the future of the United Kingdom. It is interesting to reflect that the hon. Gentleman said that he was not in the saving the Union business; he was in the ending the Union business. That might explain the impassioned way he put over so many of the arguments that he either had not researched or knew to be false. He made out that he would become a second-class MP and that his constituents would lose out, whereas it has been made clear that giving English and Welsh MPs the ability merely to consent to something will in no way diminish his right or that of other Scottish Members to vote and play their normal part at every stage other than in Committees where every last single provision of the Bill applies only to England and can pass the “has it been devolved” test. In an intervention on the hon. Gentleman, the hon. Member for Aberdeen North (Kirsty Blackman) said how complicated and onerous a task that would be, but it is a fairly simple question: has it been devolved to Scotland? If so, the issue is clearly outwith Scotland. We would then have to check whether it had been devolved to Wales, which, again, would not be an onerous task. It is something that the Clerks and the Speaker, who will be taking this decision on advice, do as a matter of course for every amendment and proposal.
In truth, despite all the efforts of the hon. Member for Wallasey (Ms Eagle), who is no longer in her place, despite the brilliant performance of the hon. Member for Perth and North Perthshire, and despite the complexity that the right hon. Member for Gordon (Alex Salmond) outlined, we are simply talking about consent: this is an injection into the system to allow English MPs to give their consent. That is it. It is no diminution of the hon. Gentleman’s ability to vote on Second or Third Reading, or at any other stage of a Bill. He would love it if there were proposals that he could use to make his constituents feel that the Union was no longer working, that the rug had been pulled and that the English, and the Tories in particular, were creating an unfair settlement, but the truth is the exact opposite, and he knows it.
I do not know whether the hon. Gentleman did not bother to read the proposals or whether, when he did read them, he edited them to make them what he wanted them to be, but it was clear from his speech that he did not understand the processes we are talking about. Yet there he was ferociously condemning this appalling assault on our constitution. This is the mildest possible change to the procedures of the House simply to allow for consent. It is a tiny correction of the imbalance caused by the devolution introduced by the Labour party all those years ago. It in no way undermines or affects the interests of his constituents.
It is interesting to note, notwithstanding the ferocity and passion displayed by SNP Members here, on the instruction of Nicola Sturgeon from Edinburgh, that poll after poll shows that the Scottish people feel very differently from the hon. Gentleman. They recognise that strengthening the English voice is a simple matter of fairness.
Graham Stuart
Will the hon. Gentleman answer this question? In what way does injecting consent—not initiative or, as the hon. Member for Perth and North Perthshire said, any kind of English Executive with 85% of Members—into the system undermine his constituents’ interest in this place?
Stewart McDonald
I do not think the Scottish people are that out of step with what we are saying. Not only did they give us 50% of the vote at the recent election, but an opinion poll out yesterday has us on 56% ahead of next year’s Scottish Parliament elections, giving us not 69 seats, but 71. The people of Scotland sent us here with a clear mandate. English Members vetoed all the amendments we tabled. You really ought to understand the issue you are dealing with and the potential—this is why Labour Members are correct—this has to make us much more excluded from the Union.
Madam Deputy Speaker (Natascha Engel)
To be helpful, I say to the hon. Member for Glasgow South (Stewart McDonald) that “you” is directed at the Chair. He wants to speak to the hon. Member for Beverley and Holderness (Graham Stuart), not to me.
Graham Stuart
The hon. Gentleman, who speaks as well as his colleague, the hon. Member for Perth and North Perthshire, did can huff and he can puff, but it changes nothing. What happened was that the people who were in the break-up of the Union business got the referendum that they asked for and thought they were going to blow the Union house down—and what happened? They lost.
Thinking back to that time, they made various promises. In February, their leader issued instructions to all those signed up to complete and utter obedience to her. SNP Members here said they would not vote on foxhunting, for example. Then they immediately do a U-turn. Last week, they were claiming to be a party of principle, and the website of the Scottish National party said that SNP Members would not vote on something such as foxhunting in England. [Interruption.] It was on the website just days ago, and the hon. Member for Perth and North Perthshire knows it, yet it turned out differently.
I admire the political chutzpah of the SNP. Coming here with energy and spirit is doubtless what the Scottish people wanted. They wanted to have the flag shaken and they wanted to see SNP Members coming down here and being energetic. Well, they are being energetic, but what the Scottish people will not put up with is people who claim to be consistent and principled turning that principle on its head. The truth is that the Scottish people—[Interruption.] The hon. Members for Perth and North Perthshire and for Na h-Eileanan an Iar (Mr MacNeil), who is sitting behind him, might be in the break-up of the Union business, but it is not a very successful business, is it? We had the referendum—and they lost. [Interruption.] They can shout all they like, but the Scottish people will know—the truth will out, and the Scottish electorate are as smart as any in this country—that the consent of the English to matters that only affect the English is fair.
The Leader of the House was challenged to the effect that all this is coming a little too quickly, despite the fact that it was in the Conservative party manifesto, that it was promised it would be in 100 days, that the proposals came out much earlier in the year, that we have had months, years and decades to talk about the principles behind it, and that we have had the McKay commission. How did the arrogant Tory Minister respond? He said, “Fine, I will listen. Do you know what? If that is not long enough, we will have two days of debate, but we will not make them consecutive. We will put months between them. We will make sure that there is all the time anyone could want. We will debate on the first day on a general motion until 10 o’clock at night. We can go through all the issues and expose them one by one.”
I will tell you, Madam Deputy Speaker, what will happen when the Scottish people listen to this debate. They will hear the hon. Member for Wallasey, who spoke for the Labour party, accusing us of being partisan—was it 10, 11 or 12 times that she said it? I lost count—for bringing in procedures that simply provide for the consent of those who represent the people on whom these proposals will impact. That is the situation.
The hon. Member for Perth and North Perthshire asked for more debate—and more debate came. He said that there could be Barnett consequentials and financial issues. As the Leader of the House said, even with the help of the Clerks, a Bill that so fundamentally changed the estimates could not be identified. Creative as ever, the right hon. Member for Gordon tried to find examples that might have implications for later years. That is why the Leader of the House has come forward with updated proposals today to look at ensuring that any time there is a consequential of that sort for Scotland, the principle is established that every Scottish Member of Parliament has a vote.
In common with his colleagues, the hon. Member for Perth and North Perthshire has but a single thought—and only the cruel would say “if that”. That thought is to break up this Union. That is his only thought and it is why he stands there now. When he is corrected on a matter of fact, he does not pause. When I am corrected on a matter of fact that I have got wrong, I have doubt and fear about getting it wrong and want to make sure that I do not mislead the House. The hon. Gentleman has no such problem, because he is not involved in honest debate; he is involved in trying to break up this Union, mislead the Scottish people and make them feel that he has been turned into a second-class MP when he is nothing of the sort.
Lady Hermon (North Down) (Ind)
I am grateful to the hon. Gentleman. I wonder when he last visited Northern Ireland. I would say ever so gently to him that there is a growing group of people who feel that their Britishness is constantly being undermined. I invite him to temper his remarks a little, because his Government regularly boast—they did so in the Budget last week—of being a “one nation” Government. When it comes to this Bill, however, the people I represent do not feel that they are part of a one nation Government.
Graham Stuart
I accept the hon. Lady’s sincerity. She may have an opportunity to speak later, and to explain more fully why that would be. However, as I have tried to explain, I feel—because of the imbalance in the constitutional settlement, which I think we all accept—a need to move.
I had hoped for something more ambitious. This is the most modest change that could have been made. It was not the leading issue on the doorstep, and I have not heard anyone suggest that it was, but there is a long-standing grievance. Many people feel that they are not getting a fair deal, and that their voice is not being sufficiently heard. On a democratic basis, they want to feel that their voice will be listened to, and that what they vote for will have an impact on matters that affect only them in England.
The Leader of the House has listened, has extended the period, and has said that, following today’s debate, he will consider further amendments if necessary. I hope that that will happen. I agree with the hon. Member for Wallasey: I want to ensure that the Union continues, and I want to ensure that these modest changes do not cut the thread that holds us all together as a nation. I take the hon. Lady very seriously, because I know that, like me, she wants to see that happen. Unfortunately, I know that the hon. Member for Perth and North Perthshire has entirely other ends, and is prepared to use whatever means he thinks necessary to fulfil them.
Antoinette Sandbach
Is it not ironic that SNP Members who asked for, and got, the devolution that they wanted—or, at least, part of it—are now dictating what kind of devolution should apply in England, the form in which we should have the right to self-determination, and the way in which we should apply our own rules to English votes for English laws?
Graham Stuart
My hon. Friend is quite right. We watched as national Parliaments were convened in Holyrood, Cardiff and Stormont, and progressively more powers were devolved from Westminster. Those changes reflected the settled will of the people of Scotland, Wales and Northern Ireland.
Graham Stuart
I will make some progress first, if I may.
England does not seek to overturn those powers, nor would we want to. As this process has developed, however, there has been a failure to incorporate democratic fairness for England. That is the point. The situation persists that Scottish MPs have the right to vote on issues such as health and education that affect my constituents in east Yorkshire, while I cannot do the same in respect of their constituents north of the border. As the scale of devolution has grown, that unfairness has increased, and the Bill that is going through the House will further exacerbate the imbalance.
Graham Stuart
I will make progress, if I may.
In the aftermath of the Scottish referendum result last autumn—which SNP Members find so hard to accept—and as the consequent further transfer of powers takes place, a solution must be found. The Prime Minister was right that day when he said that he would take action. There is no widespread desire for an English Parliament. I have gone around my constituency and talked to my constituents, and I find no such desire. The people of England do not want yet another Chamber, with more legislation, more politicians, more costs, and more confusion. This Parliament has stood at the apex of our democracy for 800 years.
The Government’s proposal is right to focus on delivering fairness in the House of Commons by ensuring that English issues will require the consent of English MPs. The ability of all MPs to amend and vote on legislation is maintained. One would be hard put to know that if one had listened to either the hon. Member for Wallasey or the hon. Member for Perth and North Perthshire, but it is true. However, there will now be mechanisms to ensure that England’s specific consent is needed to pass clauses and Bills that affect only England.
I welcome the Government’s proposals wholeheartedly. They are a big step forward. In saying that, I should acknowledge that the process of determining whether or not a clause did indeed affect only England, or England and Wales, might occasionally be tested. However, I hope the convention would be that in the event of doubt, or likely controversy, the tendency would always be for the Chair to err on the side of ensuring that everyone had the vote—that it was open to all. I think such controversy would be likely to arise on very few occasions, and I would hope SNP Members would join us in seeking to cut through that Gordian knot and make sure that, as much as possible, there was that clarity and separation.
Peter Grant (Glenrothes) (SNP)
The hon. Gentleman has twice said “I would hope”. Does he not cherish this precious UK constitution more than to hope that it would work after this Bill goes through? The constituents of England might be looking for something stronger than hope.
Graham Stuart
I simply say to the hon. Gentleman that the vow was made, it has been brought forward here, and it is being passed through—[Interruption.] It is being fulfilled. I say to the hon. Gentleman that, rather than coming forward with a hard—[Interruption.] He can try to shout me down if he wishes, but I would simply say that this proposal is to change Standing Orders; it is a rather fragile way of making this change, and we will have a review in a year or so, and the Leader of the House has explicitly said that if legislation is required, he will look at that. The truth is that if this did not work, given the fragility of the Government majority it would take only a handful of colleagues on the Government Benches in conjunction with those on the Opposition Benches to reverse it. If it was in place today, it could be reversed tomorrow as easily as that. So, again, suggesting this is some form of sustained constitutional vandalism is entirely at odds with the truth, and I say to SNP Members, who, as I have said, have but a single thought, that if they want to pursue that cause, they will find it most effective with their own constituents, or indeed in this place, if they say what they know to be true and do not try to make out something is something when it is not.
Mr MacNeil
The hon. Gentleman says there will be confusion with an English Parliament. I am quite sure the English people could manage a Parliament of their own. After all, the French and Germans do so without any help whatever from the Scots.
The hon. Gentleman also mentioned asymmetric devolution. I ask him to cast his mind back and remember that before devolution there were 72 MPs and the quid pro quo for devolution at the time was 59 Scottish MPs. He is now saying that in this incorporating Union not only do we have fewer MPs, but we have less power. We are not first-class citizens or even second-class citizens; we are fourth-class citizens based on what our rights will be in this House. The hon. Gentleman is making a huge mistake from his point of view. From our point of view, he is probably giving us a huge lever to break the Union apart, and we will only have the Union of 1603—the Union we should have—left.
Graham Stuart
The lacklustre support for that even from the hon. Gentleman’s own disciplined Benches says a lot; that was not a worthy contribution by him. He knows full well there is no change to the role he will play. His status is not being diminished in any way. This change simply means there will be consent here. It is the tiniest step towards the very principle the hon. Gentleman and his colleagues have espoused for many years. It seems that just as soon as the Government make a proposal, it is said not to be enough—if we introduce a Scottish Bill to fulfil the vow, it is not enough. Every single speech given by every single SNP Member is to express disappointment and say whatever is in front of them is not what was promised. That wears thin, and I ask the hon. Gentleman to recognise that this minimal change is not making a fundamental change to his status in the House.
SNP Members here have to recognise that the existence of MSPs to determine devolved matters in Scotland means they cannot reasonably expect to decide such matters in England without English consent. They will still be playing their role; my constituents will see Scottish MPs playing a full role in passing legislation that affects only them, but with one proviso, which is that consent is given from English MPs.
The way in which Labour Members vote on this issue is a litmus test of whether they understand the country they want to govern. The hon. Member for Leicester West (Liz Kendall) has shown characteristic courage in arguing that her party must accept the fairness of English votes for English laws. In recent years Labour has consistently placed itself on the wrong side of public opinion in constitutional issues, whether that be denying us all a say on the Lisbon treaty or fighting the last election on a refusal to trust the people with a referendum on a reformed European Union. I have great affection and respect for the right hon. Member for Manchester, Gorton (Sir Gerald Kaufman), but his description of English votes for English laws as “racist” was tasteless and untrue. It spoke to Labour’s wider problem of not recognising that the people of England want to determine their own future, at least partly in the way the Scots, Welsh and Northern Irish do, not through an English Parliament, with all the expense and risks that that would involve, but simply through consent mechanisms delivered in this place.
The Opposition cannot continue to classify Scottish, Welsh and Northern Irish devolution as the pure pursuit of patriots while classifying English devolution as the agenda of bigoted nationalists or, as the hon. Member for Wallasey suggested, as partisan manoeuvring by Conservative Members. That, too, was beneath her. That caricature is as grotesque as it is offensive. In less emotive terms, the shadow Leader of the House has warned about the risk of creating two classes of MP, as have many on the Labour Benches. That is a similarly bogus argument. As we know, there are already multiple classes of MP: Front Benchers; Back Benchers; those representing the devolved nations, who work in tandem with Members of the Scottish Parliament and the Welsh and Northern Irish Assemblies; the Speaker and his deputies; Select Committee Chairs; and Privy Counsellors.
The Government’s proposals simply seek to establish the principle that English issues should be decided with the consent of the English. All MPs will still get to vote on all legislation on Second Reading and on Report. However, the Committee stages will provide an important democratic safeguard to ensure that English, or English and Welsh, MPs approve the matters that affect only their constituents.
Graham Stuart
That is a principle that the hon. Gentleman has espoused for many years, but he has now been told, for reasons of opportunism and a certain amount of cynicism, to change his mind. I give way to him.
Mr MacNeil
I notice that the legislative process in the House of Lords will not be changed, so Scottish Lords will still be able to vote on English matters. Scottish MPs—especially Labour MPs—have been voting on English matters since devolution in 1999, but these changes are being proposed only now that 56 SNP MPs have been sent here. Internationally, this will look like a partisan measure against one party. If this proposal is carried, it will be the action of this Parliament against one party: the Scottish National party.
Graham Stuart
The hon. Gentleman is an experienced and long-standing Member of this House, and he will know that Members of the House of Lords do not represent any particular area. It is bogus and false—as so many of the arguments from his Benches have been today—to suggest otherwise.
If our democracy is to function properly, it needs to be accountable to all the nations of the UK, and English votes for English laws is an important step towards achieving that. At a time of great constitutional change, it will ensure equity in our devolution arrangements. Almost 50 years have passed since the West Lothian question was first raised in this House by a Labour Member of Parliament, Tam Dalyell. The need to resolve that question now is greater than it has ever been. The proposals in front of us represent a modest but important step towards providing the equity and balance that will ensure that we can remain one great United Kingdom, however much that might frustrate those who might be in the wrecking business but are not very successful at it.
Ian C. Lucas
As ever, my position is different from that of the hon. Gentleman.
One practical example from my parliamentary experience addresses the issue of the decisions made by the Speaker. The last Labour Government introduced legislation to establish foundation hospitals, and these applied only in England. Health in Wales is devolved to the National Assembly, but hospitals such as those in Chester and in Gobowen in north Shropshire provide services to patients from Wales. Indeed, they depend on those patients, paid for by the Welsh Government, for their viability. From 1997 to 2001, I was a non-executive director of the Robert Jones and Agnes Hunt Orthopaedic Hospital in Gobowen, approximately one third of whose patients come from north and mid-Wales. It depended for its financial viability on those patients continuing to come. Those patients depended upon MPs making representations in this place to Ministers to ensure that they were represented as patients on the boards of foundation hospitals in the same way as patients from England were.
Although health is a devolved issue—I say this with particular reference to north Wales—it is essential to people in north Wales that Members of Parliament are able to speak up on their behalf, draw to the attention of Ministers the fact that the issue existed and secure a change in legislation. No Speaker at the beginning of the legislative process—before any of these matters are discussed—will be aware of the issue. There will be no reason for the Speaker to recognise that it is not an England-only issue.
Graham Stuart
Hospitals and schools in Wales that are used by English people are controlled entirely through the devolution settlement and determined by those in Wales. That is as it should be. There may be voices created for those coming over. We could have whole vast sections of tourism dependent entirely on English tourists, but that does not stop the Welsh Assembly deciding the policies that apply. Exactly the same mirror should apply. Something that affects only English hospitals should be determined with the consent—only the consent—of the English.
Ian C. Lucas
I do not really understand the intervention, but what I say to the hon. Gentleman is that I am not proposing that we treat MPs in England and Wales differently—this Government are. I am not entitled to make representations or speak on health issues in Wales, which is exactly the same as the hon. Gentleman. Assembly Members speak on such matters, because this Parliament set in place a National Assembly for Wales. It made that decision and it was agreed to, in a referendum, by the people of Wales. Entirely the same option is available to this or any other Government.
Ian C. Lucas
That is the case because this Parliament approved devolution and had a referendum. England, if it so wished, could proceed to have an English Parliament or regional Assemblies. This conundrum has a simple answer, but it is not one that the Conservative party wants to accept.
Graham Stuart
The hon. Gentleman has set out his case cogently, but it is not right. He says that he will not be able to make representations, but he will be. It would be really good if he could acknowledge that. He will be playing a full part. He says that he will not be able to table an amendment, but he will be. It is just that if the matter is English-only he will not be able to vote on it. His case is absolutely bankrupt.
Ian C. Lucas
In the Committee I will not be able to move the amendment, because I will not be a member of the Committee, and I will not be able to vote on the amendment. Members from England will have twice as many votes as I will, even though our constituents go to the same hospitals—as is the case with the constituents of my hon. Friend the Member for City of Chester (Christian Matheson). It is outrageous.
Mr Carmichael
I will come to what the proposals do and what we can possibly do through the use of Standing Orders in a minute. As for this business that there is an unfairness but we only want to address it on our terms, the ship has sailed, I am afraid. We embarked on a process of devolution in 1999 that set up a Scottish Parliament, a Welsh Assembly and, later, a Northern Ireland Assembly. More has been devolved to them and devolution has been good for Scotland, Wales and Northern Ireland. I want to see devolution for England, too, but it is about an awful lot more than simply what is on offer here.
The proposal is a curious beast that offers devolution within Parliament but not within the Executive. It does nothing to address the lack of proportionality in the representation of people in England and nothing about the virtual disfranchisement of 4 million people who voted for the UK Independence party, for whatever reason. It does nothing about the gross centralisation of power in England. The hon. Member for South Leicestershire (Alberto Costa) should be talking to his constituents about all those things. If he does, in the same way as we did over a long time in Scotland, I think—
Mr Carmichael
I listened with courtesy to the hon. Member for Beverley and Holderness (Graham Stuart) and I ask that he does the same for me.
If the hon. Member for South Leicestershire does the same as we did in Scotland to build consensus, his people will realise in time that what is being offered here is pretty small beer and that they deserve something better.
Sammy Wilson
The role of the Speaker has already been discussed. I fully appreciate the work that the Speaker does and do not wish to cast any aspersions about that, but I think that we would be putting him under huge pressure. We would be expecting him to make a decision for which he would not have to give any explanation, and about which Members would have no opportunity to make representations. That puts a huge onus on the Speaker. Such decisions would not be the end of the matter, because every time he made a decision there would be opposition to it. It would be an open sore, or a scab to be picked at. It would be another opportunity to cry foul, with claims that Members have been excluded. Not only would that be unfair on the Speaker, but it would perpetuate the grievance that many people would feel.
Graham Stuart
The hon. Gentleman started his speech by going on about how little impact the proposal would have, suggesting that only the buses Bill would be affected in this Session, but then he moved on to say that it fans the flames of separatism. He cannot have it both ways. It is a relatively modest measure for giving consent. He is the one fanning the flames of separatism. No matter what we do in this place, the Scottish nationalists will claim that it is an appalling assault. I am surprised that a Unionist like him would fall for their guff.
English Votes on English Laws
Graham Stuart Excerpts(9 years ago)
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Mr Carmichael
Rather than saying that that should be part of the discussion, I think it comes to the very heart of the discussion. I fully accept that the devolution process that was started in 1999 has created within the United Kingdom a number of anomalies. I entirely understand the concerns felt by right hon. and hon. Members representing constituencies in England, in particular. In order to address these anomalies, we need mature considered measures, instead of replacing the existing anomalies with further anomalies, as I very much fear the Government are about to do.
Graham Stuart (Beverley and Holderness) (Con)
Surely it is true to say that discussions about future devolutionary change can go on. What is proposed is a change in the Standing Orders simply to give a veto to the representatives of the people affected. That does not lead to an English Parliament or to English initiative; it finally brings a little justice into the system. It is based on what we had in our manifesto, and it should be proceeded with quickly.
Mr Carmichael
I am grateful to the hon. Gentleman for that intervention. Indeed, I suspect that I am more grateful than his colleagues on the Treasury Bench are, because he has nailed one point very early on: this does constitute a veto. As a federalist, I have no problem with vetoes, but if they are to be part of our parliamentary procedure we have to be prepared to have them going in different directions. The veto now being anticipated for English Members of Parliament would not be available to Scottish Members of Parliament, because they are governed by the Sewell convention and legislative consent measures. That is only the subject of a convention; it is not a veto. That is what I mean when I say that the Government, by bringing their proposal forward in this manner, risk creating further anomalies. The anomaly is one not of detail, but of fundamental constitutional principle. Were the House to bring together its collective mind, I do not doubt that we could eventually find a solution. Perhaps we would reach a compromise that was a little messy, but it is something we could reach. However, we are not going to reach that in the one day that will be offered to us to debate the changes to the Standing Orders.
Oral Answers to Questions
Graham Stuart Excerpts(9 years, 1 month ago)
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Mr Vaizey
The hon. Lady’s point is well made to Labour councils up and down the country, which is that they must maintain their investment in culture instead of withdrawing it. It is a partnership, which is why the Chancellor of the Exchequer was pleased to give the Ferens Art Gallery in Hull £1.5 million to help it host the Turner prize, but that is accompanied by local authority investment of £3 million. The message to all those Labour councils is that they must support their local arts organisations—particularly those of the hon. Member for Rhondda (Chris Bryant).
Graham Stuart (Beverley and Holderness) (Con)
It is indeed good news that the Turner prize will be presented in Hull. It is not always popular on both sides of the House, but what more can the Government do to encourage other such events to support Hull as the city of culture, and to ensure that Hull benefits from that in the long term?
Mr Vaizey
I know that my hon. Friend, who is standing to be the Chair of the Culture, Media and Sport Committee, is an aficionado of the Turner prize, as well as many other cultural events. He will know—I do not need to tell him—that Derry/Londonderry benefited from a huge range of events, from the BBC and other cultural organisations, and I expect Hull to benefit in the same way.
Business of the House
Graham Stuart Excerpts(9 years, 1 month ago)
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Chris Grayling
Over the past two or three months, we have heard endless stories from the Opposition about how the Government are destroying the national health service. Let me remind them that the British electorate simply did not believe them, and the reason for that is that we have steered the national health service forward, and we have more people being treated and more doctors and nurses in our health service. We will continue to improve and to spend money on the service.
Graham Stuart (Beverley and Holderness) (Con)
May I congratulate you, Mr Speaker, on your re-election and the Leader of the House on his new appointment? Let me also mention the excellent Conservative manifesto on which this Government will seek to govern. It contains a commitment to introduce fair funding for schools. Members of the F40 group across this Chamber will recognise the need for that pledge to be made a reality. When will the Education Secretary come before the House and tell us when we will finally see fair funding for local authorities and schools in F40 areas?
Chris Grayling
The Secretary of State will be here for Education Question Time. We start the timetable for daily oral questions next week, and a few days after that there will be an opportunity to put that question to her. I am proud of the progress we have made in our education system over the past five years. Standards are rising and young people from all backgrounds have a better start in life and better chances. This country is rising up the international education league tables, and I want that progress to continue in this Parliament.
Procedure of the House
Graham Stuart Excerpts(9 years, 3 months ago)
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Mr Hague
I think it would be a minority view on both sides of the House that all elections should be by open Division or open voting. The right hon. Gentleman can make a case for that, but it is a minority case. Indeed, the Liaison Committee has said that the election of Chairs by the whole House gives those chosen a greater degree of authority in their role in the House, their relationship with Ministers and their standing in the wider community. The Standards Committee, which he chairs very capably, said:
“We recommend that the Chair of the Committee be elected by all MPs”—
which means in a secret ballot—
“as we believe this would enhance the confidence of the House in the Committee”,
so his Committee has made the case, as he will have to admit, for election by secret ballot.
Mr Graham Stuart (Beverley and Holderness) (Con)
I was elected Chair of the Education Committee under the new procedure in this Parliament by secret ballot of the whole House. If it had been up to the party Whips, I doubt I would ever have taken that position. How can a secret ballot be anything other than a protection of the voice of people in this Chamber so that they can speak up? For the Opposition to suggest otherwise can only be for partisan purposes.
Mr Hague
Personally, I come down on the same side of the question because I think that a secret ballot frees Members from pressure from their parties or from the Chair. It is the right thing to do in principle. Although the case can be made that those arguments do not apply when it comes to the election of the Speaker, it can also be argued that they apply particularly in that instance so that Members can vote without fear or favour.
Devolution (Scotland Referendum)
Graham Stuart Excerpts(9 years, 9 months ago)
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Mr Graham Stuart (Beverley and Holderness) (Con)
My right hon. Friend is right that there was no appetite in Yorkshire for that proposal, but there is a sense of neglect and frustration that the votes of people in Yorkshire are being diluted by those who represent areas where decisions have no effect. That cannot be allowed to continue and it must be tackled now. Further delay is not acceptable to my constituents.
Sadiq Khan
I will do my best, as did the Leader of the House, to make a rational speech and address that very point later in my speech.
The Scottish referendum was a shining beacon of democracy at its best. Faced with a crucial choice about their future, registration and turnout among the people of Scotland was unprecedented. No one can have failed to be impressed by the millions of people coming out to vote and being so passionate about the future direction of their country. By a clear majority, the Scottish people voted to pool and share resources across the UK, and I would like to pay tribute to the enormous hard work of some involved in the Better Together campaign from across the political spectrum. In the Scottish Parliament, I pay tribute to Johann Lamont for Labour, Ruth Davidson for the Conservatives and Willie Rennie for the Liberal Democrats.
I also pay tribute to the right hon. Member for Ross, Skye and Lochaber (Mr Kennedy), to the Secretary of State for Scotland, the right hon. Member for Orkney and Shetland (Mr Carmichael), and to the Chief Secretary to the Treasury, the right hon. Member for Inverness, Nairn, Badenoch and Strathspey (Danny Alexander), who all played a big role, and to my right hon. Friends the Members for Kirkcaldy and Cowdenbeath (Mr Brown) and for Edinburgh South West (Mr Darling), my hon. Friend the Member for Glasgow East (Margaret Curran), my right hon. Friends the Members for East Renfrewshire (Mr Murphy) and for Paisley and Renfrewshire South (Mr Alexander) and my hon. Friend the Member for Glasgow Central (Anas Sarwar). I also pay tribute to campaigners on the yes campaign for their passion and hard work and to all those who voted.
The referendum sent a clear message, from both yes and no voters, that the status quo is unacceptable—that we cannot keep running the country the way we do—and this groundswell is not restricted to Scotland but has been repeated the length and breadth of the country. The country wants to break the stranglehold of Westminster, and it wants power shifted away from this place on a grand scale. People want to feel they genuinely have a say. They are fed up with feeling powerless and they are frustrated that powerful vested interests are not faced down. They want decisions and power close to where they live, in towns and cities up and down the country. That is why we need to grasp this opportunity and reshape the country in the way the people want, not the way we in Westminster want. Westminster does not always know best—
Sadiq Khan
—and that is a good point at which to give way to the hon. Gentleman.
Mr Stuart
Has the right hon. Gentleman spoken to many of his own constituents? Are they telling him that they do not believe in English votes on English laws? I do not believe that that is true. The right hon. Gentleman’s party is going to set itself on the wrong side of the people, at a time when, as he has rightly said, there is a real sense of neglect and frustration as a result of the failure to listen. He is taking a great risk here. He should listen to this: English votes for English laws is right. Everyone else—Labour, Conservative, Liberal Democrat and Scottish nationalists—knows that, and so should he.
Sadiq Khan
All that I will say to the hon. Gentleman is that that did not work very well in Clacton.
The United Kingdom has undergone nearly two decades of constitutional change. The Leader of the House mentioned the most recent changes: the Scotland Act 2012 and the Wales Bill, which is currently before the other place. Vernon Bogdanor, the Prime Minister’s former tutor, described Labour’s recent 13 years in government as
“an era of constitutional reform comparable to that of the years of the Great Reform Act of 1832”
or the Parliament Act 1911. That era included the establishment of a Scottish Parliament, a Welsh Assembly, a Northern Ireland Assembly and a London Mayor and assembly, and of proportional representation in elections to all those bodies and in European elections. It included House of Lords reform and the ejection of all but 92 of the hereditary peers, the introduction of people’s peers and an elected Speaker, and the introduction of the country’s first-ever legislation requiring political parties to publish lists of their donors. We established an independent electoral commission. We introduced the Human Rights Act 1998 and the Freedom of Information Act 2000, which gave the public a legal right to gain access to Government information, and we established the separation of powers through the creation of the Supreme Court.
Mr Brown
I will give way in a minute. It is the combination of the two proposals to devolve 100% of income tax and then to remove the right of Scottish MPs to vote on the matter in Westminster that is absolutely lethal to the constitution. Let us be clear about the impact of this plan. The Leader of the House is free to intervene and to confirm whether this is indeed his plan. Scottish representatives would be able to vote on some of the business of Westminster, but not all of it. They would not be able to vote on some Budget decisions on income tax and thus would undoubtedly become second-class citizens at Westminster.
Mr Graham Stuart
On a point of order, Madam Deputy Speaker. Is there now a convention that those Members of Parliament who attend this place the least often are not subject to the Back-Bench time restrictions that apply to all other Back Benchers?
Sir Menzies Campbell (North East Fife) (LD)
I have the advantage of having heard the most perceptive and well-reasoned speech by my right hon. Friend the Member for Berwickshire, Roxburgh and Selkirk (Michael Moore), the former Secretary of State. Much of what he said I would have sought to say at this stage of the debate, but there is no need.
The hon. Member for Stone (Sir William Cash) said that the rights of Members to vote could be resolved by recourse to the Standing Orders. I was elected to this Parliament on the basis of the privileges and rights that my constituents believed I would continue to enjoy as long as I was a Member. If those rights or privileges are taken away by Standing Orders, not just I, but the constituents who voted for me on a particular basis will be affected.
Sir Menzies Campbell
No, I am going to make some progress.
I had the advantage, if that is the right way to put it, of hearing the First Minister this morning on the radio. To say that he was concerned about the timetable being properly met would be something of an understatement, but his response to questioning, and some of the contributions by the SNP in the Chamber today, have left me, perhaps erroneously and perhaps unfortunately, with the perception that, if the timetable were not met, they would regard that as a considerable political advantage.
I have believed for a considerable time that the present constitutional settlement in the UK is unsustainable. That is why I was asked by my right hon. Friend the Member for Berwickshire, Roxburgh and Selkirk and the leader of the Liberal Democrats in Scotland to chair what came perhaps a little unfairly to be called the Campbell commission. I chaired it. I did not write its report; other people did. However, I have had some false regard as a consequence.
Throughout that exercise, it was clear to me, and it is set out in the document that we produced—unhappily, it is not available in all good bookshops, although it can be found on the Scottish Liberal Democrats website—that federalism was the answer to quite a lot of the issues that were on our minds then. Nothing has caused me to alter my view that that is still the case.
There is one point I want to make as strongly as I can. We cannot all get what we want as a result of Lord Smith’s commission or the Cabinet Committee that will be chaired by the Leader of the House. There will have to be compromises that as far as possible take account of the competing interests. There is the question of the role of Scottish MPs when issues such as health and education are discussed here. I have felt slightly uncomfortable about that since the creation of the Scottish Parliament, but the fact is that, as I have already described, we came here on a particular basis. If that is to be changed, it will be a profound constitutional change; it is not one to be embraced simply by changing the Standing Orders. Therefore, that should be thought about, rather than there being a knee-jerk reaction to the result on 18 September.
The vow has been made. If the First Minister thinks that he will be holding the feet of the three leaders to the fire, he ain’t seen nothing yet. I will be holding their feet to the fire, as it would be —let me put it as mildly as I can—politically unhelpful next May were that promise not to have been implemented to the extent that has been set out.
Mr Graham Stuart
My constituents see the Labour party as having acted in self-interest by refusing to put right the West Lothian question, and since 2010 perhaps the right hon. and learned Gentleman’s party’s self-interest has been in play in the coalition. There is genuine anger at this inequality, and hitting it into the long grass will no longer do. People will not trust that we are going to act if we do not act soon.
Sir Menzies Campbell
I am not suggesting we hit it into the long grass. All I am suggesting is that, before we make a change of such a profound nature, we give careful consideration. We should remember the theory of unintended consequences: there is hardly ever an Act of the kind we are talking about that does not produce a consequence that was never intended. Although in the past I have rehearsed, perhaps rather glibly, the view that as devolved powers were given to Northern Ireland and Wales and Scotland, it would be increasingly difficult for Scottish Members of Parliament to vote on, say, health and education—and I do not detract in any way from that—the argument put by my constituency neighbour in Fife, the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), was a substantial one and one that will have to be considered by the Cabinet Committee that my right hon. Friend the Leader of the House is to deal with.
Along with the right hon. Member for Coatbridge, Chryston and Bellshill (Mr Clarke), I am one of the few survivors of all three referendums—those of 1979, 1998 and now 2014. Perhaps I am over-sensitive, but I feel a great sense of resentment and reject the notion that I am less of a Scot and less of a patriot because in the course of the last referendum I argued as strongly and persuasively as I could for Scotland remaining part of the United Kingdom. If anyone thinks that has gone away they should read the letters columns of Scottish newspapers, in which people like me are accused of being either frightened, old or not patriotic. I may be one of those, but I am certainly not all three, and I regard it as deeply offensive. If the Scottish National party wants to make a proper contribution to what we now have on our agenda, one of the most powerful ways it could do so would be by condemning utterly the efforts to talk down those of us who felt that the Union was so important that only a no vote would do.
Mr Chope
We keep the UK united by ensuring that we have a strong United Kingdom Parliament, in which we have a fair division of powers and responsibilities. All I can say to the hon. Lady is that my constituents are very concerned that in Scotland there is free long-term health care for the elderly, free prescriptions, no university tuition fees and £1,600 for each person, paid for by taxpayers from the rest of the United Kingdom. They do not think that that is fair, which is why those issues must be addressed at the same time as looking at a wider United Kingdom constitutional settlement.
Paul Murphy
Of course, and my hon. Friend should therefore be able to vote on matters affecting the hospitals in the English health service that most of his constituents go to.
I am fortunate enough to have seven general elections under my belt. I lost the first—quite rightly, too—which was for a seat in the west of England. Nevertheless, I would have been elected on the same mandate for the constituency of Wells in Somerset as I then was for my Welsh constituency in six successive general elections. I am a British Member of Parliament who happens to represent a Welsh constituency. I am therefore a Member of this United Kingdom Parliament in exactly the same way as any other Member representing one of the 650 seats.
I hope that the Leader of the House, when his Cabinet Committee meets to discuss these matters, will consider the constitutional mess there could be after a general election. When the leader of a party who has the potential to become Prime Minister goes to the palace, the Queen will ask, “Have you a majority and a mandate in the United Kingdom?”, and they will say, “Yes, Ma’am.” Then she will have to ask, “Have you a majority in England?”, because we would have a separate system in the House of Commons in order to deal with matters for which we have all been elected. I was elected on a mandate that included dealing with the English health service and education system, so long as it is a British Parliament that represents people in Wales, Scotland and Northern Ireland. I think that there is an enormous danger.
The Leader of the House said that the issue of English laws being dealt with by English MPs is simple, but it is not. We have been dealing with that for 30 or 40 years, even before devolution in 1998. The Leader of the House will remember, as an historian, that in the 1960s a former Conservative Chancellor of the Exchequer, Peter Thorneycroft—he represented the Welsh seat of Monmouth—said clearly that there cannot be two classes of Members of Parliament. Some years later, in the ’70s, the Kilbrandon commission said that regardless of what legislative assemblies are set up, British Members of Parliament must all have the same duties, responsibilities and rights.
Mr Graham Stuart
My hon. Friend the Member for Christchurch (Mr Chope) was absolutely right when he pointed out that the Scottish people voted so that their Scottish Members of Parliament would have less say over affairs that do affect their constituents, but no reduction whatsoever in their say over what goes on in the primary schools, nurseries, hospitals and surgeries in my constituency in East Yorkshire.
Paul Murphy
I rather fancy that not one MP or MSP has had that argument raised with them when they go knocking on doors.
The issue of English laws for English Members of Parliament is also impractical. When I was Secretary of State for Northern Ireland and Secretary of State for Wales, we always had to deal with the issue of whether a Bill was actually an English Bill. Of 400 Bills introduced over the past few years, only eight were purely English. There are clauses that affect Wales, for example, and Bills that overall affect Wales, so we cannot easily disentangle them. If it is only eight out of 400, it is hardly worth it.
Also, as my hon. Friend the Member for Alyn and Deeside (Mark Tami) noted, the cross-border issues are hugely important, particularly in north-east Wales and north-west England, where there is huge fluidity on both sides of the border. We have not mentioned the Barnett formula, but Lord Barnett—we should mention him, as he is 91 today—would say that the formula is consequential on what happens to British spending.
Very few Members have mentioned the other place. A Welsh peer, a Scottish peer or a Northern Ireland peer would be prevented from voting on issues affecting England if the Government had their way, but over there, up the corridor, the peers can do precisely what they want to. People might say, “Ah, they’re unelected”, but what would have happened if there had been a yes vote in the referendum? We would have had to work out who was or was not a Scottish, Welsh or Northern Irish peer. All these issues are very difficult and complex, and I do not believe for one second that we can resolve them easily. I think there is an issue with the McKay commission. There are ways of dealing with our Standing Orders, perhaps at the Committee stages of Bills, that can perhaps address some of these points.
Ultimately, the only way to resolve the issue of devolution and English laws for English Members of Parliament is for there to be devolution for the English regions. It might not be the same in all areas—London would be different from Manchester, and Manchester different from the north-east of England—but there is undoubtedly a growing feeling that there should be devolution for our great English cities. The time to start looking at these issues will be when that happens, not when we need to emphasise, above all, the integrity of the United Kingdom.
Mr Graham Stuart (Beverley and Holderness) (Con)
Thank you, Mr Speaker—well, I think it’s thank you, anyway.
This debate takes places just five days after the by-elections in Clacton and Heywood and Middleton. We should not underestimate the significance of the results there. Many Members on both sides of the House have talked about the disaffection, disenchantment and disassociation with our political system felt by many millions of people. That risks getting worse if Scottish MPs continue to vote on exclusively English matters. We have had sophistry after sophistry from Labour Members. They have tried in a sophisticated way to justify the unjustifiable. The British people do not think it is right. Scottish nationalist supporters cannot see why Scottish MPs should vote on English matters; nor can people in Wales or people in England, regardless of how they vote.
Labour’s desperate attempt to do what is in its interest, rather than what is right, what is in the national interest and what people believe to be true, regardless of party allegiance, is shameful. The Conservative party can stand proud, because we campaigned hard to maintain the Union, even though politically it would appear not to be in our interest to do so. We believe in this country and we believe in keeping it together.
There has been talk, not least from a former Prime Minister, of two-tier MPs. It seems that a former Prime Minister can never attend yet speak for as long as he likes. Putting that aside, we heard talk from a former Prime Minister about two-tier MPs. That is not acceptable. He is not here now.; let us hope he turns up for a bit at the end—one never knows.
Following the latest round of concessions made during the Scottish referendum campaign, the English feel a profound sense of neglect. That neglect must not be perpetuated any longer. Fair votes for all is a principle that should find support across this House. To resist that pressure is like ignoring a long dormant but potentially disastrous and simmering volcano capable of exploding with the same passion we saw north of the border. I know some Opposition Members recognise this, however much they may be leant on to tone down their words. From various speakers we heard recognition of the injustice of the current situation and their discomfort at the fact that Scottish MPs are voting on exclusively English matters. It must be put right. Rather than destabilising our United Kingdom as the former Prime Minister suggested, giving justice to English voters, instead of embracing an asymmetry—giving justice to English voters when matters pertain solely to their interests—is something that people will demand, and the Labour party needs to change its tune.
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Graham Stuart Excerpts(10 years, 10 months ago)
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Mr Allen
To assist the hon. Lady—although she is making such a distinguished speech that she does not need any assistance—in response to that intervention, perception is very important. The substance shows that there are difficulties, a number of which have been identified, but the perception is such that over 200 individual organisations throughout the United Kingdom have expressed doubts and anxieties about the possibilities here—
Mr Allen
They may all be wrong, as the hon. Member for Beverley and Holderness (Mr Stuart) says from a sedentary position, but a trustee would not gamble with the charity’s money, and would be chilled from engaging in perfectly legitimate political activity that we all celebrate at other times. That is why the Bill needs, at the very least, to be clarified in the way suggested by the hon. Member for Banff and Buchan (Dr Whiteford).
Stephen McPartland
I have great respect for the hon. Gentleman, who made an impassioned speech earlier, but for every 200 lawyers whom he cites, I could probably cite 300 who would say something completely different, because, as he knows, it would be in their interests to do so.
Mr Graham Stuart
My hon. Friend is making a powerful speech. He clearly agrees with me that we need to ensure that funds in individual constituencies for the purpose of delivering one particular result are brought under greater control. The Government have given a commitment, and I am prepared to accept it, but I want us to use the time that we have today to make absolutely certain that the fears and doubts about charities being chilled in their engagement in public debate can be dispelled. We want Ministers to assure us of that, and to confirm that they are utterly committed to it.
Stephen McPartland
That was a fantastic intervention. I said on Second Reading that a Committee stage debate on the Floor of the House would provide a great opportunity for Ministers to clear up some of our concerns, and we saw that earlier, when the right hon. Member for Carshalton and Wallington (Tom Brake) responded to what was said by the hon. Member for Caithness, Sutherland and Easter Ross.
Paid Directorships and Consultancies (MPs)
Graham Stuart Excerpts(11 years ago)
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The Leader of the House of Commons (Mr Andrew Lansley)
On behalf of the Government, I ask the House to reject the motion.
I am interested in the contrast, which could not be more obvious, between this Opposition debate and the Bill we have just published. On the one hand, the Bill, the aim of which is to tackle a real issue, focuses on a specific potential problem concerning the transparency of third-party lobbying and third-party influences on the political system. By contrast, the hon. Member for Hemsworth (Jon Trickett) has presented a flawed motion to which the House should object regardless of whether Members agree with the principle he has tried to enunciate. It also turns out, however, to be nothing other than an effort to fling mud. He says he is not trying to impugn anybody’s motives, that nobody has done anything wrong, that everything is absolutely fine and that the House has behaved wonderfully, but then he says that the House should be constrained. It makes no sense.
It was interesting that the hon. Gentleman did not tell the House the reason for the motion. It is chaff. As the Leader of the Opposition knows, what matters is the perception that the Labour party is in the pay of the trade unions, which control its policies, candidacies and leadership, which it bought; so to divert attention from that, which goes to the heart of this issue, the Labour party throws up this chaff.
Mr Graham Stuart (Beverley and Holderness) (Con)
Where they are aware of it, my constituents are concerned not about the perception, but about the reality: that the current Leader of the Opposition was not put there by a one man, one vote process and that Labour MPs were outvoted by the trade unions.
Mr Lansley
My hon. Friend is right. Not only Labour MPs, but the Labour party membership, were outvoted by the trade unions, and nothing that the Leader of the Opposition is saying will change that. As far as I am aware, one third of the electoral college for the leadership of the Labour party will continue to be trade-union controlled, so if they can get a sufficiently large majority, they can control the leadership of the Labour party.
The speech of the hon. Member for Hemsworth made no sense. I tried to listen to it and hear the argument, but if he wants to intervene and explain, even at this stage, I would be glad of that.
The motion is about regulating the ways that Members of the House work. As Leader of the House—that is one reason why I am responding to this debate—it is my view that proposals adopted by the House to regulate how Members behave should be the product of consultation across the House, and considered on the basis of proper scrutiny by relevant bodies, either in the House or externally. In this case, the Labour party has put forward a proposal without any such basis or advice to the House; procedurally it has gone about it the wrong way.
What is the real objective behind the motion? We should proceed in this House on the basis of trying to solve real problems. If the hon. Gentleman wants simply to talk about the issue, and the Labour party wants to get rid of the perception that those who are paid in this House are controlled by their paymasters, I have a simple proposition for the hon. Gentleman, which involves not taking money from the trade unions. That is not just a perception; the reality is that Labour’s interests are controlled by the trade unions. What is the hon. Gentleman trying to solve?
Mr Graham Stuart
Does my right hon. Friend agree that the Leader of the Opposition shows through today’s motion that he does not really understand how business works? He said a year or two ago, if I remember correctly, that he would like more entrepreneurs on the Labour Benches. When we look across the House, we have to ask how many people on those Benches started a business and got it going. There is a small number, but not many. It is quite clear from the motion that they do not understand. I have been a publisher since the age of 25 and I am a director of the company I set up then; I do not think that that harms my ability to represent my constituents in this House.
Mr Lansley
I am sure that my hon. Friend is right. I was rather disappointed because the implication of the motion seems to be that if someone is in business, they ought specifically to be excluded from being able to pursue those interests in this House. The hon. Member for Hemsworth was perfectly happy for people in all sorts of profession to continue—doctors, farmers, lawyers and, presumably, architects. There are all sorts of partnerships and a sole trader or partner would be able to continue to work in their interests, but a director of a company would apparently not be able to do so. I presume that he would exclude paid directors of companies that are limited by guarantee, which are often not-for-profit organisations. I fail to see why so many such organisations, which do good work, should be precluded from having any Member of Parliament participating in them.
The motion refers to the
“wider regulatory framework for second jobs”.
I failed to hear in the hon. Gentleman’s opening speech what he meant by that, so perhaps we will hear some more about it from the hon. Member for Barnsley East (Michael Dugher) when he concludes the debate.
There are practical issues that mean that the proposal is flawed. It refers to a director but not to an employee of a company, and it does not refer to partners—trustees have been mentioned. A range of circumstances have been ignored and left out, and the effort is to preclude directorships specifically. It refers to “consultancies”, although that is undefined, and apparently being an adviser would be okay. Or would every adviser be treated as a consultant? If we put the word “adviser” into the motion, instead of referring to consultants, it would no doubt extend widely among those on the Labour Benches, but apparently that is okay—[Interruption.] I will not go through every entry in the register, as I have already done that, but there are many circumstances in which Members are advisers to organisations. Apparently, I do not understand whether they are consultants or not.
As I have said, many professions, including many that are very time consuming—there are Members in the Chamber who consume quite a bit of time in writing books and articles and taking part in broadcast activities, but that seems to be perfectly okay—are ignored.
I cannot see from the motion who would police the new rules. Who would define who was a director for this purpose? Who would undertake the difficult task of deciding what was a consultancy? I cannot imagine the Parliamentary Commissioner for Standards would welcome the task of monitoring the provisions—we might hear whether she would. Do we need a new quango? Would Members rather the function be given to IPSA—[Interruption.] I think that was an ironic cheer from Opposition Members. IPSA considered the matter in its latest report and stated, perhaps with a moment’s regret, that it was not within its remit. It then made an ex cathedra statement about it anyway—
Chris Williamson (Derby North) (Lab)
May I start by saying to the Leader of the House that it seems to me that, in his opening remarks, he was being deliberately obtuse when he said that he did not understand the motion? For clarity, let me read it to him. It seems very clear indeed. It states that
“this House believes that, as part of a wider regulatory framework for second jobs, from the start of the next Parliament no hon. Members should be permitted to hold paid directorships or consultancies.”
It could not be clearer. I do not understand the claim from the Leader of the House that the motion is flawed.
Mr Graham Stuart
Can the hon. Gentleman tell us the definition of “consultancy” so that we can all refer to it?
Chris Williamson
Here we go again. I was going to go on to say that the Leader of the House accused my hon. Friend the Member for Hemsworth (Jon Trickett) of putting up chaff, and here we have yet more chaff from the hon. Member for Beverley and Holderness (Mr Stuart). There is a clear legal definition of a consultant and if he needs to check that out, I suggest he look up the dictionary definition. I am not going to waste the limited amount of time I have explaining it to him. He knows very well what a consultant is.
As my hon. Friend the Member for Hemsworth pointed out, perception is key in this agenda. We know that Parliament and MPs are held in very low esteem by many of the electorate and it is our duty to try to repair the trust of the electorate. I say that because I have spoken to many constituents—people have also written to me—who have said, for example, that the top-down reorganisation of the national health service was done only because many senior Conservative MPs stood to benefit financially from the 49% privatisation. Surely none of us, on either side of the Chamber, can allow that sort of perception to persist among the wider electorate. People need to have trust in their Members of Parliament. The motion would go a long way towards re-establishing that trust with the electorate at large.
The Leader of the House implied that agreeing the motion would impose some terrible, onerous obligation on Members, as though this idea had somehow dropped from space, from Mars or somewhere. However, if we look around the world, it becomes clear that the restrictions imposed on fellow parliamentarians in other countries are much more stringent than the restrictions in the UK. Our friends in America have imposed strong, stringent restrictions on the elected representatives who serve in that country. This motion contains a reasonable and measured proposition that would put us on a par with many of our international colleagues.
Select Committee Effectiveness, Resources and Powers
Graham Stuart Excerpts(11 years, 5 months ago)
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Sir Alan Beith (Berwick-upon-Tweed) (LD)
I beg to move,
That this House welcomes the report of the Liaison Committee on Select Committee effectiveness, resources and powers, Second Report of Session 2012-13, HC 697, and the responses to it, Third Report of Session 2012-13, HC 911; welcomes the positive impact of the Wright reforms, particularly the election of committee chairs and members, on the effectiveness and authority of select committees; endorses the Committee’s recommendations for committee best practice and the revised core tasks for departmental select committees; looks forward to agreement on procedures for committee statements on the floor of the House and arrangements for debates on committee reports; agrees that co-operation from Government is crucial to effective scrutiny; and supports the Committee’s call for a new relationship between Parliament and Government, which recognises the public interest in greater accountability.
It is a pleasure to move the motion, which stands in my name and that of many Committee Chairs. It is fortuitous—it is about the only bit of good luck we have had this afternoon—that this debate follows a statement by a Committee Chair about a report that his Committee has produced. That relatively recent innovation tends to work rather better when the statement is made closer to the ministerial statements of the day, but it is welcome and something that we simply did not have in previous Parliaments.
I am grateful to the Backbench Business Committee, the Chair of which is in the Chamber, for allowing the debate to be held. The motion is based on a report that the Liaison Committee produced in November and the responses to it from the Government and the House authorities, which we have published.
There are various aspects of the role of Parliament: we make laws; we create and oppose Governments, with this House being the forum in which the political contest between parties takes place; and we raise the grievances of our constituents as individuals or communities. However, there is a fourth function, which was sometimes neglected in earlier years: holding all Governments and the public service to account on how public money is spent, the effectiveness of administration and the development of policy.
Over the years, the Select Committee system has developed as the main means of addressing that fourth objective. The creation of a comprehensive structure of departmental Committees moved the process a long way forward at the time of the late Norman St John-Stevas. The previous Parliament left us a valuable legacy of further strengthening with the report of the Wright Committee which, in particular, put in place the election of Select Committee Chairs by the House as a whole, as well as the election of Committee members within parties. That has given Committees a new authority and mandate, and the influx of new Members, as well as the return of several experienced and senior Members to Select Committee work, has built on that authority.
Many new and more senior Members find their involvement in Select Committees just about the most rewarding part of their work in Parliament. They spend many a Wednesday listening to, or attempting to take part in, Prime Minister’s questions and they troop through the Lobby to support their party’s view in particular votes, but they can really get their teeth into things through the Select Committee process, in which they have the opportunity to question and challenge how things are being done, and to influence the shape of things in the future.
Our Committees have very small teams of staff, but the quality of their work and the way in which they cope with the demanding timetables of the Committee process are essential elements of Committees’ success. Our staff include people drawn from the Clerks Department of the House. Some appointments are made from outside, and we have indicated that there are circumstances in which it might be appropriate for such appointments to be made not only at the more specialist levels but even for the Clerk of a Committee. The Scrutiny Unit is a valuable resource for Select Committees, and we also draw on the Library—indirectly and directly, as Library staff are seconded to Select Committee service—and the National Audit Office, which I have found ready to co-operate not only with the Public Accounts Committee, as it does primarily, but with individual Committees when its expertise is valuable to their work.
Select Committees have proved to be one of the most effective ways of promoting public engagement with the House of Commons. We are always being urged to increase public engagement, and if we look at the wide range of people waiting on the Committee corridors in this building and Portcullis House to give evidence to Committees or to listen to their proceedings, and then think of all the people who watch the sittings at home on the Parliament channel or through the web system, we realise that Committees probably engage many more people than much else that goes on in the Commons. People are engaged because they are closely interested in the Committees’ work.
Today the Hansard Society published some survey results which showed a 9% increase in the past year in the public belief that Parliament holds Government to account. The survey showed that figure rising to 47%, which is just short of half, but it is a nine percentage point increase on the same question the previous year.
Select Committee inquiries have had a very high public profile. Most striking was the global coverage achieved by the Culture, Media and Sport Committee’s inquiry into News International and phone hacking, but others, too, have attracted a high level of interest. The Science and Technology Committee’s report on the Government’s alcohol guidelines stimulated widespread discussion about safe drinking limits. The Treasury Committee’s work on retail banking has attracted close interest not only in the financial world but among the wider public, and the Banking Commission, which is now conducting its inquiries, is a partner of the Treasury Committee—a Joint Committee drawn partly from the Treasury Committee and led by its Chairman. The Foreign Affairs Committee’s current inquiry into the UK’s relations with Saudi Arabia and Bahrain is attracting international interest.
Some Committees are less often in the national media but have a very high profile in the professional press and the stakeholder community. The International Development Committee is one example. Another is the Environment, Food and Rural Affairs Committee, whose Chairman is at a funeral today, or she would have been here pointing to much of the work that it does. There are many examples of the work of my own Committee, the Justice Committee, changing the way things are done. As a direct result of a report that we produced, new guidelines have been introduced by the Director of Public Prosecutions on charging on a joint enterprise basis, which had proved to be quite a difficult and controversial issue. I had a letter only the other day from a Minister setting out precisely how the Government would implement the Committee’s recommendations—not challenging them, but setting out how the Government was going to implement them. That is a record of which Select Committees can be proud.
Mr Graham Stuart (Beverley and Holderness) (Con)
Does my right hon. Friend agree that we have so far barely scratched the surface of using social media to engage people with the workings of Parliament? The Select Committees are particularly well placed to do that, and he will know that before a session with the Secretary of State for Education, the Select Committee went on Twitter with #askGove to ask people to come up with questions. We were inundated—there were more than 5,000 tweets. We sorted through them, grouped them by theme and went through them with the Secretary of State who, in typical style, was able to give rapid-fire answers and people felt they were genuinely able to engage with Parliament through the Select Committee and hold the powerful to account.
Sir Alan Beith
I certainly agree with my hon. Friend. My own Committee has held online consultations with people in the public service who cannot come out openly to express their views, but whose views are important to us. We did an online consultation with prison officers which gave us a much better understanding of their working environment and problems. We did the same with probation officers. We had difficulty with the Ministry of Justice when we tried to do the same with court staff who were affected by the court interpretation and translation service changes, on which we will report in a few days. We were rather surprised to find the Department much less co-operative in that instance than it had been on previous occasions.
The social media are extremely important to the work of Select Committees, as are Parliament’s website facilities. The web and intranet service is working on some new designs for Select Committee homepages that will allow for more individual branding, giving Committees more control over the appearance of their online presence and greater flexibility in respect of what individual Committees can promote on their homepage. We would like to see this implemented as soon as possible. I do not claim to be the House’s expert on social media—I am the last person to make such a claim—but they clearly offer tremendous opportunities for engaging with the people who are affected by what is agreed and passed in the House. That is one of the things at the forefront of Committees’ work.
Our report honestly assesses where Select Committees can do better. It makes a range of best practice recommendations. We encourage Committees to be forward-looking in their scrutiny of departmental performance, not confining themselves to raking over the coals of past events unless there are important lessons to be learned from them. We urge Committees to give more attention to the financial implications of departmental policy and how Departments assess the effectiveness of their spending. We encourage them to experiment with different approaches to evidence taking; to broaden the range of witnesses and make more use of commissioned research; to produce shorter reports, making it clear which are the most important recommendations and who is supposed to be carrying them out; to follow up recommendations to ensure that reports have impact; and to report to the House at least once each Session on what their Committee has been doing.
Moreover, as my hon. Friend the Member for Beverley and Holderness (Mr Stuart) said, Committees need to be more effective at communicating. That involves the social media, but it also involves traditional print and broadcast media. We get a lot of coverage and a lot of interest from the broadcasters. Occasionally they annoy us by failing to distinguish between Select Committees of this House, elected by the House, and all-party groups, which have a role and a usefulness but are not the same thing. A Select Committee of this House is a Committee of people who have a degree of expertise developed over a period but are not united by a common cause in their membership of the Committee, as is so often the case with an all-party group. There is a big difference between the nature of a report produced by a Select Committee and one produced by an all-party group. The use of the term “a group of MPs” to describe either body, which we find in the broadcasts even of the BBC, is something we deplore.
The motion before the House invites us to endorse these best practice recommendations. They are not a straitjacket; it is for each Committee to determine its own priorities in how it goes about its business. However, Committees have core tasks, and we hope that they will see the good sense of the recommendations that we are making; indeed, many are already doing so.
One of the areas where we want to develop the work of Committees is in our scrutiny of policy development at the European level. We have had a lot of discussions about this with the European Scrutiny Committee and with the Minister for Europe. Far too often, this House is confronted with draft European legislation long after the important decisions and negotiations have taken place. Committees can much more usefully engage at the early stages, as long as they can be clear which work programme issues of the Commission are attracting real interest and are likely to get somewhere; otherwise they can get submerged in a vast amount of material that is not really going anywhere.
Sir Alan Beith
It was an honest statement of the view of Committee members that the possibility of the activities of the House being questioned in the courts as a consequence of the exercise of powers would be more damaging to the House than the current situation. Were the Joint Committee to come to a different conclusion after careful examination, we would, obviously, look at the issue again, but it was an honest statement of the Liaison Committee’s opinion at the time. My opinion has not changed so far, but I am clear that the matter will have to be looked at very carefully indeed.
Mr Graham Stuart
I must back my right hon. Friend and say how much I agree with him. I was one of those on the Liaison Committee who felt that very strongly. We have had people who were not keen to appear before the Education Committee, but they were told that they were expected to turn up, that it would be seen as a failure on their part not to do so and that powers could be exercised against them if they did not do so. They came. That is the test. If we move to something more legalistic, people will hire lawyers to find out exactly how many days’ delay they can use, based on precedent, so that they can put it off as long as they can and, in effect, thwart the will of Parliament, which is for them to appear. Whatever the current situation’s shortcomings, in my opinion, subject to what the Joint Committee finds out, it is the right one: it works for Parliament and does so in a speedy and effective way.
Sir Alan Beith
My hon. Friend puts the point extremely well.
The appearances of members of the Government and civil service officials are governed by the Osmotherly rules. The Committee is stringent about those rules in paragraph 113:
“We do not accept that the Osmotherly rules should have any bearing on whom a select committee should choose to summon as a witness. The Osmotherly rules are merely internal for Government. They have never been accepted by Parliament. Where the inquiry relates to departmental delivery rather than ministerial decision-making, it is vital that committees should be able to question the responsible official directly—even if they have moved on to another job. It does of course remain the case that an official can decline to answer for matters of policy, on the basis that it is for the minister to answer for the policy, but officials owe a direct obligation to Parliament to report on matters of fact and implementation. This does not alter the doctrine of ministerial accountability in any way. Ministers should never require an official to withhold information from a select committee. It cannot be a breach of the principle of ministerial responsibility for an official to give a truthful answer to a select committee question.”
Mr Graham Stuart (Beverley and Holderness) (Con)
I will try to be mindful of your suggestion, Mr Deputy Speaker.
I am delighted that the Backbench Business Committee has allocated time for us to debate the report of the Liaison Committee following the 2010 Wright reforms. It is fair to say that Select Committees are stronger and have more influence on Government than ever before. This is the first Parliament in which the members of Select Committees have been voted for in secret ballots by their own parties, and in which the Chairs of Select Committees have been elected by the whole House. That has given additional independence to Select Committees. It is no wonder that there are grimaces from the faces of Government Whips, and it is right that there should be. If there are not grimaces on the faces of Government Whips, we do not have a strong and assertive enough legislature. We do have an assertive legislature, but we can go further.
In the Leader of the House, we have such a fine parliamentarian, such a tremendous Minister and a man of such self-confidence, personality and breadth of philosophy that he will not think that he can hold the line and make no concessions. He understands the need for the whole House to improve the way in which it holds the Government to account and to recognise the powerful role that Select Committees play.
Select Committees not only have a role in scrutiny; they inform the character of this place. In this Chamber, we sit opposite each other and make tribal noises. I like making tribal, partisan noises as much the next man— in fact, probably rather more than most—but Select Committees bring us together and form us in teams across party lines. They build deep friendships and relationships. They help us to understand where other people are coming from. That has a civilising impact on the way in which this place works, which I hope permeates through to the way in which we make law. It makes Ministers more confident about conceding ground at times, and means we are more effective in representing the overall interests of the people who send us to this place. If it does that, a Select Committee is a very fine thing indeed.
Mindful of what you have said, Mr Deputy Speaker, I will drop the rest of my remarks because we have already touched on many good points. I will simply say that Select Committees are stronger now than they were in the past and a positive influence on Parliament. They are an excellent check on the Executive, and I know that the Leader of the House and Ministers will listen to calls from the Liaison Committee to strengthen those powers going forward.
Ms Eagle
The right hon. Gentleman makes an important point. I do not know what the answer is, given that Members of Parliament often have ambitions to be in the shadow Government or the Government and like to get promoted. We have made progress in the past few years in setting up a career path for those who wish to specialise in Select Committees, particularly in the area of scrutiny.
The report rightly says that holding the Government to account is the main purpose of Committee work. However, our constituents expect more than that. Parliament is here to hold the powerful to account, as well as the Government. Major multinationals are one example of powerful organisations that our constituents expect us to hold to account.
In that context, I congratulate the Public Accounts Committee, chaired by my right hon. Friend the Member for Barking (Margaret Hodge), and the Culture, Media and Sport Committee, chaired by the hon. Member for Maldon (Mr Whittingdale), who is in his place, on their work. The PAC has exposed the shocking conduct of companies such as Starbucks, Amazon and Google in minimising the taxes they pay in this country. The work of the Culture, Media and Sport Committee, in its relentless pursuit and questioning of News International over phone hacking, often when the issue was ignored by many others, has already been commented on. I would like to add my congratulations to its members on playing such a major role in uncovering the scandal. It is only right that we use this debate to highlight the important work that our Select Committee system has done and to congratulate those involved on the work they do. The Liaison Committee’s report rightly praises the Transport Committee, led by my hon. Friend the Member for Liverpool, Riverside (Mrs Ellman), for its inquiry into motor insurance, which brought to light a major scandal.
It is not only major companies, however, that Select Committees need to scrutinise. The Government’s programme of increasing the involvement of the private sector in public services and the breaking up of the health service means that lines of accountability are becoming more and more blurred. The House and Select Committees have the opportunity to scrutinise what these new organisations are up to with public money, and we have to ensure that the Select Committees maintain their ability to follow public money, even if that involves the accounts of private companies. That is an area to which we have to pay particular attention given some of the changes being made.
I agree with the Liaison Committee report that the primary function of Select Committees is to scrutinise the Government, but I do not want to minimise the important role they perform in holding others to account. We share the Committee’s disappointment that the Government have not published more Bills in draft. They only published 18 Bills in draft in the 2010-12 parliamentary Session. Pre-legislative scrutiny is beneficial to the legislative process and is an area where Committees made up of members with in-depth policy knowledge can add real value. Will the Leader of the House commit, therefore, to increasing the proportion of Bills that the Government publish in draft? Even when the Government have published bills in draft, however, they have allowed insufficient time in some cases for effective pre-legislative scrutiny.
Mr Graham Stuart
I want to take this opportunity to congratulate the Department for Education on conducting pre-legislative scrutiny of the special educational needs clauses of a forthcoming Bill. It was a tight timetable, but it gave us the chance to do the job. Ministers have been very open to meetings and to following up and taking onboard the advice of the Committee. It really can work.
Ms Eagle
As someone who gave evidence before entering the House to what were then known as Special Standing Committees, which evolved into pre-legislative scrutiny Committees, I think it is important to highlight best practice and carry on evolving positively the concept of pre-legislative scrutiny.
The Energy Bill and the Civil Aviation Bill are cited in the Committee’s report as examples of where the Government have not allowed enough time for Select Committees to do their work. The Committee is also right to highlight the shambles of the draft Groceries Code Adjudicator Bill: the Select Committee members reorganised their work to enable scrutiny of the Bill at very short notice, only for the Government to pull the Bill and re-introduce it this Session. In retrospect, Committee Members could have spent many hours scrutinising it without the time constraint, which turned out not to be a time constraint. I hope that the Leader of the House will take note of the need for better organisation.
We note the Liaison Committee’s suggestion that Commons Select Committees should have first choice on whether to carry out pre-legislative scrutiny, rather than it being a decision of the Government. A Joint Committee could make a valuable contribution, but it is this House that is democratically elected and, as the Liaison Committee rights says in its report, it would make sense for a Committee of this House to consider whether a Bill should be referred to a Joint Committee. Will the Leader of the House comment on that suggestion?
Ms Eagle
I note that that is precisely the point the right hon. Gentleman and his Committee members made in their report. By highlighting that section, I am agreeing with him.
It is also worth considering whether we should go one step further. At the moment, it is for the Government to decide whether to use pre-legislative scrutiny at all. The Government are currently rushing ill-thought-out welfare legislation through the House that will hit people in work on low incomes the hardest. This is a piece of legislation that would have benefited from pre-legislative scrutiny, particularly evidence sessions. That was not allowed to happen, so could the Leader of the House consider whether, allowing for the Government to legislate immediately when there is an obvious need, we could have a Committee of this House deciding whether a Bill should receive pre-legislative scrutiny? These are not suggestions on which I have a settled view, but I am interested in hearing the views of right hon. and hon. Members about possible changes in that direction.
The Liaison Committee is right to comment on the role of Select Committees in scrutinising ministerial appointments. As it says in its report, the Committee previously commented on this in its 2011 report, “Select Committees and Public Appointments”, which made recommendations for reforming the process. The Government’s response prompted a further report from the Liaison Committee last September, which highlighted the
“inadequacy of the Government’s response to our proposals”.
There has been no response from the Government to date, which is clearly unsatisfactory. This has been left hanging in the air for far too long, so will the Leader of the House say when the Government will be responding?
Mr Graham Stuart
Governments tend to grow more and more grudging about ceding powers, whereas parties in opposition make free—they return to philosophical first principles and they tend to make promises. Let me push the hon. Lady on this point. What is the Labour party’s position on a few of these points? She should put it on the record. If there is ever a Labour Government in future, it may or may not be her that takes that position forward, but it would be useful to have on the record some promises that we can hold someone to account for in future.
Ms Eagle
The hon. Gentleman is tempting me in all sorts of areas. I hope he realises from the tone of what I am saying that I am particularly interested in seeing what we can do to strengthen the role of the legislature in some of these areas. It is important to have a debate about the practicalities before we formulate an approach to this in the run-up to the next election. I am sure that he will be an avid reader of what comes out of that.
The Liaison Committee describes the main role of Select Committees as “influencing” Government. I understand the point the Committee is seeking to make. In outlining the role of Select Committees, the functions it describes are scrutinising and holding the Government to account. For me, however, the language of “scrutiny” is preferable to “influencing”. The measure of a Select Committee’s success should not be the sum total of its recommendations that the Government adopt. The core objectives of Select Committees, as first set out by the Modernisation Committee in 2002, have worked well, with an emphasis on their role in scrutinising the Government. However, the Liaison Committee was right to consider whether more streamlined objectives would be suitable. The proposed new guidance for Select Committees is sensible, although I note that it places a lot of weight on Select Committees in terms of their duties.
I agree with what the Liaison Committee says about how Select Committees can act as a public forum for ideas to be debated. I agree that this is an element of Select Committee work, but there are many routes for debates to take place in Parliament. It is not the primary purpose of Select Committee work to set off debates. I regret the fact that it has had to propose a compact between the Government and parliamentary Committees —again, a feature of the report we are debating—but sadly this appears necessary. The Government’s guidelines to Departments—the Osmotherly rules—state that
“departments should aim to respond to reports within two months”,
but as the Liaison Committee notes, responses frequently appear much later.
It says something about this Government that the Cabinet Office, which is supposed to be taking the lead on making government more efficient, took nine months to respond to the Liaison Committee’s report on “Select Committees and Public Appointments”, when we would have wanted it to lead a little more by example. When Government Departments finally get round to responding to Select Committee reports, the responses are often inadequate. In its evidence to the Liaison Committee, the Regulatory Policy Institute’s better government programme described the Government’s responses as “models of evasion”. Will the Leader of the House say something about what Ministers could do to respond to these criticisms from the Liaison Committee and perhaps to improve performance in the areas of timeliness and clarity of response?
There are many sensible recommendations in this report, and I do not intend to go through them all. I think that members of Select Committees will want to consider for themselves the many recommendations on how Committees can have a greater impact. I support the recommendation for Committees to experiment with different approaches, such as appointing rapporteurs to lead inquiries, commissioning external research and, perhaps more controversially, using special advisers to question witnesses on technical subjects. That can be seen in other Parliaments, and I certainly think that Committees could trial ideas in and around these areas.
I welcome the suggestion that Committees could make better use of the parliamentary website. Although, as right hon. and hon. Members have mentioned, this has improved, it is still difficult for members of the public to navigate and its existence is poorly communicated. As we place more and more emphasis on the work of Committees, we should work harder to communicate their activities and ensure our constituents can readily access information about them. I welcome, too, the suggestion for substantive motions for debates on Committee reports. In its report, the Liaison Committee said that, subject to further discussion, it would explore ways to implement that.
On privilege, I note what the Committee has said. As it says in its report, a Joint Committee is considering this currently—or will be. I said earlier that there were occasions when a Joint Committee might bring benefits, and I look forward to the recommendations. I am not as certain as the Liaison Committee appears to be that there is no argument for changes in the area of privilege.
As I said at the start of my remarks, I welcome this report and many of its recommendations. Select Committees are an important part of the work of this House. I conclude by paying tribute to the work of all right hon. and hon. Members who serve on them and to the sterling work of House staff and all those who help make our Committee system effective.
Business of the House
Graham Stuart Excerpts(11 years, 8 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Lansley
We will of course consider that. I had a conversation with my right hon. Friend the Member for Louth and Horncastle (Sir Peter Tapsell) and he was clear in encouraging us to consider having a debate on the middle east. I have not been able to find time now, but it is open to hon. Members to seek such a debate using the time available to the Backbench Business Committee. Likewise, it is open to the Opposition, which has time for a debate next week should they wish to use it for that purpose. I think what I said was simply a reflection of what has been said many times by the Government and was repeated by the Foreign Secretary on Tuesday: what we want to do is secure the best possible progress in negotiations and use the ceasefire to make progress quickly. His response illustrated that urgency and the Government’s view that precipitating a vote at the United Nations was not necessarily the best way of making progress.
Mr Graham Stuart (Beverley and Holderness) (Con)
May we have a debate in Government time on community first responders, in particular on maintaining and improving training capacity? They do such a lot to ensure that people in rural areas are looked after when ambulance response times are often so slow.
Mr Lansley
I share completely my hon. Friend’s support for and appreciation of community first responders. Ambulance service trusts across the country have achieved the most consistent performance to date in responding to category A calls. However, while they meet the overall targets well, we know that response time is variable and particularly difficult in rural areas. Those of us who represent more rural areas appreciate how community first responders can make an important, additional contribution.