House of Commons Business

Debate between Jacob Rees-Mogg and Graham Allen

Thursday 8th May 2014 Commons Chamber

[Jacob Rees-Mogg (North East Somerset) (Con)]

I, too, will concentrate on petitioning, although I may say a few words on other issues. I will start with the Bill of Rights. We have heard a lot about article 9 of the Bill of Rights, but article 5 maintains that

“it is the right of subjects to petition the King, and all commitments and prosecutions for such petitioning are illegal.”

The right to petition is an ancient and important one, and tends to go through this House to the King or, as now, the Queen. It is not unique to this House, which is why the Lord Privy Seal is right in his proposals for a collaboration—not a Vichyesque collaboration because we will not all become quislings, so “collaboration” is the right word—because the Queen in Parliament is the correct organisation or body to be petitioned.

The Leader of the House may be modelling himself on Edward I. During the Parliament of 1305, in the reign of Edward I, there were many petitions—450. What is so interesting is that they then began to become legislation. More Members of Parliament subscribed to the petitions coming in and they ended up becoming Bills. A complaint from Simon Le Parker is the first petition that can be identified as being listed in the statutes of the realm. I mention that because petitioning is extraordinarily important in the development of our democracy. By 1316, there was a claim that Edward II was not following the procedures of his father in taking proper notice of petitions. He duly did so and petitions were dealt with and acted upon. That is how this House gets redress of grievance from the Crown.

It is important to look at the procedure along the way. Since Parliament began to sit, constituents have come to their Members of Parliament who have then come from the counties or boroughs they represent to Westminster, or wherever Parliament was sitting, to say that something is wrong and needs to be changed. We, as Parliament, can do it through legislation, but much can be dealt with by the Crown without the need for legislation.

That is the twofold aspect of petitioning that we are rightly bringing under one e-petitioning system. It is entirely in line with our history and proper in terms of the constitutional division—the separation of powers—because there are clear and distinct roles between Parliament and the Crown, and Parliament and the Government. It has the chance of re-energising the petitioning process. I would not go as far as the hon. Member for North East Derbyshire (Natascha Engel) in saying that paper petitioning is withering on the vine. It is still an important means for individual constituents to get a message to Parliament and through to the Government.

E-petitioning is hugely exciting. I heard the Leader of the House say that he was congenitally relaxed. On this occasion, and perhaps rarely, I am enormously excited by what is happening with e-petitioning because 10 million people have suddenly thought that it is worth while and in their interests to engage with the political process and to say that they feel strongly about something. The carrot that is dangled in front of them is a debate in the House of Commons. How proud we should be that 10 million people think that a debate in this place is so important and could be so transformative that it is worth their while organising and signing up to petitions.

I disagree with the hon. Member for Nottingham North (Mr Allen) who worries about the press becoming involved or Parliament being guided too much by what people outside think. I take the opposite view. If people want to launch campaigns to highlight important major issues, we would be a pretty funny sort of Parliament if we said that we did not want to consider them because they were not organised by an hon. Member. Indeed, I would have thought that most hon. Members, with their fine politically attuned antennae, would grasp such issues and think that if their constituents were so strongly in favour of something and 20,000 people in north-east Somerset think something is a good idea, it might be in their interests to pay attention, bring it to the House and perhaps go to the Backbench Business Committee to ask for some time.

[Mr Allen]

I wonder how many of those 10 million people feel that they have had a good shake out of the system as it currently operates. Are not many of them, if not a large majority, having signed a petition with probably nothing arising from it other than it being tagged on to another debate, reinforced in their view of a plague on all your houses and all your parties?

[Jacob Rees-Mogg]

The hon. Gentleman thereby makes the case for bringing petitions under this House so that we can ensure that people have a proper response that they feel meet their needs.

Although they are not strictly petitions, hon. Members do receive e-mail campaigns. I find that when I reply to these, as I do—I reply individually to everybody who has sent in a missive—there is always a percentage who get in touch absolutely amazed that they have got a response. Indeed, some have completely forgotten that they ever signed up in the first place, are rather surprised to get a response, and wonder why I am writing to them out of the blue. Then, when I send them a copy of their original e-mail, they continue to be in a state of surprise. We need to give a response that shows that we are listening and doing something about the matter.

Of course, our constituents understand how this works. I should rather say my constituents; I can speak only for my own, who are the most intelligent people in the world. It is well known that the people of Somerset have more brain cells than can be found in the whole of the rest of the United Kingdom put together. The people of Somerset know these things. As you are in the Chair, Madam Deputy Speaker, I will say the same for Bristol on this occasion. People understand that just because they are in favour of something, not everybody in the country will want it, and that the petition will not necessarily end up achieving what they want. Equally, though, they want to know that the matter has been taken seriously by the people who have the power to do something.

Getting e-petitioning right is a tremendously exciting opportunity for the House of Commons. It can ensure that we are back at the centre of public debate, with the public knowing what is going on. I really welcome the Government’s decision to proceed along these lines. In a spirit of generosity, the system they already have is basically being handed over to the Commons free, gratis and for nothing—which is better for us in terms of the expenditure of the House. It is then up to us, as a House, to grasp it. I agree with much of the amendment tabled by the hon. Member for Nottingham North (Mr Allen) as regards how we must deal with the implementation of petitioning to make sure that it is a House of Commons-owned process that is about holding the Government thoroughly to account.

Let me deal briefly with a couple of other matters—first, timetabling. My hon. Friend the Member for Forest of Dean (Mr Harper), who is in his place, took through two constitutional Bills that I opposed at almost every turn. This gives me an opportunity to say how helpfully he always engaged with those debates, which were a model of Government ensuring that the Commons had the chance to debate things and to do so seriously. If that is what is being done by having amendments tabled earlier for Report stages, it is hugely to be welcomed. Although I disagreed with almost everything my hon. Friend said in the constitutional debates, the courtesy with which he responded was a model for Governments to follow. I am glad to have had the chance to say that properly here.

On privilege, I am pleased that the Government are not going down the legislative route. It is better that the privilege of this House is rooted in history, is not open to challenge, and is simple and straightforward, in the straightforward language that people used in the 17th century. [Laughter.] Seventeenth-century language is much more understandable than the legislative language used today. In the 17th century, people wrote clear, straightforward, simple Bills that a layman can read. We now write legislation that is completely incomprehensible unless one is a silk. It seems to me preferable that we stick to the clarity and beauty of 17th-century English rather than confusing ourselves by allowing too many draftsmen to get involved with confusing privilege, and potentially undermining it. The one thing we do not want is learned judges interfering in the procedures of this House, and avoiding legislation is therefore greatly to be welcomed.

I am, for once, at one with the Government in all that they are trying to do, and I am grateful for what they are trying to do. As the Lord Privy Seal begins to think about where he may go for the brief holiday that we have during Prorogation—perhaps to Weston-super-Mare or another suitable beach—he can go a happy man thinking how well the petitioning system will do in the next and future Sessions of Parliament.

Fixed-term Parliaments Bill

Debate between Jacob Rees-Mogg and Graham Allen

Monday 13th September 2010 Commons Chamber

[Mr Allen]

Indeed. One of the small matters of dispute that I have had with the hon. Gentleman over the years has been that somehow he feels that we can recreate some golden parliamentary age. This place is owned by the Executive and the alternative Executive; the hon. Gentleman, more than anybody, should know that. If he does not understand that, he falls into the same trap as the Clerk, who talked about the

“House’s mastery of its own proceedings”.

That is a myth and a self-deception. We must confront that issue. We imagine that somehow there are 650 individuals here creating our own rules, but the rules are created by the Executive.

The Bill seeks to put into law provisions for a fixed-term Parliament, rather than putting them only in Standing Orders, which can be changed at a moment’s notice. The 10 o’clock rule is suspended on a daily basis and Standing Orders are cast aside and suspended on a regular basis. To pretend that there is an atomised Parliament with 650 Members all exercising their consciences is a self-deception out of which, I hope, hon. Members throughout the House will educate themselves. In that way, we can take back some control for the House and strengthen Parliament, and people can elect us understanding that the House of Commons—the legislature —is different from the Executive, and should have its own independence and powers.

The hon. Member for Stone (Mr Cash) led me down the road of the rebalancing of powers between the legislature and the Executive, and I agree with the Deputy Prime Minister that this, for once, is the Executive actually giving away a power, for whatever reason. We can make our own judgments about the reason, but I welcome the change, because it helps to rebalance the power between the Executive and the legislature. If we seize this moment, we could use it to help to strengthen this institution rather than, as the hon. Member for Stone mentioned, just following the Whips. We could use this precedent to make sure that we can build up and strengthen our Parliament.

[Jacob Rees-Mogg]

The hon. Gentleman says that the Bill could strengthen the standing of Parliament. However, as I understand it, the Bill does not prevent the Government from putting down a motion of no confidence in themselves and therefore, if they had a majority, getting an election whenever they wanted one. That is the ineffectiveness of the drafting of the Bill.

[Mr Allen]

There are so many flaws in the Bill’s drafting. The Committee, on the hon. Gentleman’s behalf, has done as good a job as it can in pointing them out. I hope that all of them will be put right during the Committee stage, as they could be put right if we were to have a special Public Bill Committee or a proper pre-legislative process. However, that is currently not the case. The hon. Gentleman makes a valid point, and one that should be addressed by the Government as the Bill proceeds.

The other thing about a fixed-term Parliament is predictability and continuity. Instead of permanent politics-as-entertainment, in which there is speculation about impending general elections and people feed tittle-tattle and gossip to raise or lower the political temperature, we will know that we can get on with serious business while knowing the date of the next general election and putting such considerations aside. That is something of great importance, and would lead to us as parliamentarians being able to seize greater control of what we do in this place on a number of issues, rather than being engaged, even at arm’s length, in speculation about when an election will take place.