House of Commons Governance

Debate between Jack Straw and Baroness Primarolo

Thursday 22nd January 2015 Commons Chamber

[Mr Straw]

rose—

[Madam Deputy Speaker (Dame Dawn Primarolo)]

Order. Forgive me, but we are debating whether to agree to the specific set of proposals before us. We are not in the process of gathering more up, interesting though they are, before we make a decision on the report before us. I would be very grateful if the right hon. Member for Blackburn (Mr Straw) could, in his brief reply, focus specifically on the points that have been made that are relevant to the report before us now—and, as we all know, there will be further discussion in the time to come.

[Mr Straw]

Thank you—I have got your point, Madam Deputy Speaker.

The right hon. Member for North West Hampshire (Sir George Young) and the hon. Member for New Forest East both raised the issue of the relationship between the Clerk and the director general. We thought about this a great deal, and I say to both of them that even in institutions where the wiring diagram is very clear and there are clear lines of authority—the military or a grand corporation—there will be some areas of ambiguity, and we will find that the actual power structure is a bit different from that in the wiring diagram.

Let me explain why we took evidence from the former Lord Chief Justice, Lord Judge. I have had experience of dealing directly with the judiciary, of course. The Lord Chief Justice and the judiciary have to be totally independent of the Executive, but the administration of the court service is in the hands of Her Majesty’s Courts Service, which is run by a combination of members of the judiciary and people appointed, effectively, by the Secretary of State for Justice. We looked at those analogies and I think this structure will work. It will work a great deal better, if I may say so, than a split structure involving a Clerk and a chief executive who are wholly separate. I came at this issue rather neutrally, but, having thought about it, it will also work a great deal better than the chief executive/director general being over the Clerk but having no direct knowledge of our primary purpose, which is to run a legislature.

Yes, there is some ambiguity. I am not being Pollyanna-ish about this, but with good will, clarity of expectation on the part of those taking on the jobs, and the clarity we have put into the job descriptions, this structure should work. If there are any specific arguments, the Commission is there to sort them out.

The right hon. Member for Saffron Walden (Sir Alan Haselhurst) made some points about the portfolio appointments, which I think were answered well by my hon. Friend the Member for Walsall South (Valerie Vaz). These four portfolio appointments will be busy ones and will make a big difference to the accountability and transparency of the House administration to Members of the House.

I think I have dealt with all the key points that were raised. The issue of getting items on the Order Paper relating to House business is slightly separate from our considerations, and I will not go down that route. I repeat my thanks to all members of the House of Commons Governance Committee, to all those Members who have contributed today, and to the House. I commend the report and the motion to the House.

Question put and agreed to.

Resolved,

That this House welcomes the report of the House of Commons Governance Committee; notes the priority it has given to agreeing a package of proposals which can both significantly improve the governance of the House and be capable of attracting support from Members on all sides of the House, in a timely manner and well before the House is dissolved; agrees to the recommendations in Chapters 6 and 7, with the proviso that, without changing the party balance of the Commission as proposed in the report, the recommendations relating to the composition of the Commission be implemented so as to allow the Chairs of both the new Finance Committee and the Administration Committee to be elected to these positions rather than appointed to them by the Commission; and encourages the appropriate bodies in both Houses of Parliament to address the Committee’s remaining conclusions and recommendations.

Iraq War (10th Anniversary)

Debate between Jack Straw and Baroness Primarolo

Thursday 13th June 2013 Commons Chamber

[Mr Jack Straw (Blackburn) (Lab)]

Before the hon. Lady goes on, may I say in respect of Mr Hans Blix—I have made this point outside the House—that there is a profound disconnection between what he is saying now and what he said at the time? What he said at the time, and he repeated it in a book in 2004, was that he thought that Saddam had weapons of mass destruction and posed a threat. I know of no provenance whatsoever for the claim that the inspectors were prevented from continuing their work in Iraq by either the US or the UK in January 2003.

Moreover, the final reports from Hans Blix complained about a lack of co-operation, the inability of inspectors to interview scientists from Iraq inside or outside Iraq, and the continuing intimidation. The final report that he made, which I had to force him to publish, on 7 March 2003, catalogued in 29 chapters of 170 pages the unanswered questions that Mr Blix thought Saddam had to answer, even at that stage, about all the chemical and biological weaponry that had been known about in the past and which Saddam had failed to explain. That is where Blix was at the time. My last point is this—

[Madam Deputy Speaker (Dawn Primarolo)]

No. Will the right hon. Gentleman please sit down? I am trying to be very tolerant to facilitate the debate but there are lots of Members who want to participate, and making a speech on an intervention, however important the point, is not acceptable. Therefore the right hon. Gentleman will have to wait to make the rest of his points.

Justice and Security Bill [Lords]

Debate between Jack Straw and Baroness Primarolo

Tuesday 18th December 2012 Commons Chamber

[Mr Straw]

Yes, and using PII certificates in respect of evidence that is central to a case is profoundly unjust to both sets of parties.

Dinah Rose is a leading critic of the proposals in the Bill. I have looked carefully at her response to the consultation document, which was published earlier this year.

She stated,

“PII is not perfect—it does result in some cases being tried without all evidence being available.”

She also stated that in rare cases:

“PII may also result…in a situation in which a party is ordered to disclose a document which it is not prepared to disclose, leaving it no alternative but to settle the claim.”

She is being disingenuous, because in these national security cases we are talking about not a document—her word—but bundles of documents that are central to the adjudication of the action.

I, like the Minister, dealt with lots of PII cases and had to work through them very carefully. If there were thousands of documents, as there would be in these cases, a Minister would have to take a month or so off to operate that and, at the end, if the court accepted the PII application, there would be evidence that could not be used in the case.

Ms Rose concludes her summary by referring to the need for “potential misconduct” by the agencies to

“see the light of day”.

I absolutely agree with her sentiment. The problem is that in the absence of CMPs, there is no way of determining misconduct by members of the agencies in a civil action. The most that can happen is a settlement out of court with a payment into court but no admission of liability. That is profoundly unjust to both sides. It is unjust to the complainant, who might well have right on their side but who is denied the means to have the court find in their favour, and equally unjust to the agencies and their staff, who might also have right on their side but no means of making their defence.

In the other place, various amendments were made that were designed to strengthen the role of the courts in determining whether and, if so, how CMPs should be used. They will be examined upstairs and I look forward to the result of the Committee. I am in no doubt about the necessity of the Bill and if the sceptics want to make the agencies more accountable, they should have this Bill—

[Madam Deputy Speaker (Dawn Primarolo)]

Order.