Procedure Committee Reports

Jo Swinson Excerpts

Thursday 13th October 2011 Commons Chamber

[Mr Knight]

I hope that the Government will have a change of heart even as this debate progresses, but I rather share the right hon. Gentleman’s feeling that that may not come about.

Secondly, we also recommended that we should conduct a further experiment in this Parliament whereby Members and Opposition spokesmen are encouraged to attach explanatory statements to amendments and the Government provide explanatory statements clarifying the origin of amendments and new clauses proposed on Report.

Thirdly, our Committee recognises that although written parliamentary questions are a vital part of parliamentary scrutiny, they impose a significant cost on the public purse. Although we felt it would be wrong to consider imposing restrictions on Members’ ability to table questions in person, we think we should have a three-month trial whereby Members are restricted to a quota of five written questions a day submitted electronically.

To assist Members, we also recommended that the Government should deliver all answers to parliamentary questions to the Member concerned by e-mail at the same time as the answer is delivered to the House, which is vital. I do not know whether Members know this, but answers are delivered by a person who literally walks round the building. He takes the answer into Hansard and then to the Press Gallery, and then he puts it on the notice board for the Member. I asked a question recently, and in my case I was the last point in the journey. The House business was collapsing and I was on a train when I had a phone call from a journalist wanting to know my view on the answer to my question, which my office had not received. On checking the board, I found that it had still not got there. I therefore do not think it acceptable for Members to be the last in the queue when receiving answers to their questions. That is why we feel that there ought to be a system in place whereby Members always receive an electronic reply immediately the answer is available.

[Jo Swinson (East Dunbartonshire) (LD)]

I warmly congratulate the right hon. Gentleman and his Committee on an excellent set of reports and proposals on explanatory statements and so on. However, I want to press him slightly on the restriction on written questions that are only e-tabled, which seems to go against the arguments for consistency that have been marshalled for electronic devices. Surely a question should be treated the same whether it is tabled via the internet, by post or in person. Although we might need to look at a quota system, I cannot quite understand why electronically tabled questions need to be a special case, so that there is a quota for them but not for others.

[Mr Knight]

If I may, I will come back to that point in a moment. I want to deal completely with Select Committee amendments first, but I will return to the hon. Lady’s point and, if she is not satisfied, I invite her to intervene on me again.

The Procedure Committee was invited by the Liaison Committee to look at the possibility of a tabling system that would enable Select Committees to table their own amendments. The current practice is that amendments agreed by a Select Committee may be tabled only in the names of individual Members, which makes it difficult to distinguish Committee amendments from those tabled by the same members of the Committee acting as individuals. After consulting interested parties, the Procedure Committee published a report recommending that the practice be changed to allow Select Committees to table amendments to Bills and motions in the name of the Chair, with a tag line indicating the name of the appropriate Select Committee. The advantage of that practice would be that it would offer clarity to the House and to individual Members, and enable anyone reading an amendment paper to see that an amendment had originated in a Select Committee. It was also felt that it would contribute to the effectiveness of Select Committees.

We recognised, however, that there could be disadvantages, as individual members of a Select Committee might disagree with a proposed amendment, either at the time of its adoption by the Committee or afterwards. To counter that, the Procedure Committee recommended that stringent safeguards be built into the process whereby Committees agreed amendments that carried the special status of Select Committee amendments. We suggested that such amendments would have to be formally agreed, without Division, by a quorate meeting of the Committee. That is a more rigorous requirement than that for Select Committee reports, which can be agreed by a simple majority.

The Committee rejected the idea that Select Committee amendments should be guaranteed debate, because of the constraints of programming, but we supported the adoption of a convention that the Chair should grant a Division when one is sought. Unfortunately, as the Chairman of the Liaison Committee has said, the Government have indicated that they oppose this innovation, and I understand that they continue to oppose such a modest, sensible move today. Indeed, I have seen the Patronage Secretary buzzing round the House, rather like a wasp, discussing this matter. I therefore suspect that there could be a Government payroll Whip on this Liaison Committee suggestion.

The Government object to the proposal because they feel that it would be wrong for an amendment to be marked as having the support of a Select Committee if some of the Committee’s members might be in disagreement. We have tried to address that difficulty by recommending stringent conditions that would have to be met before a Select Committee amendment could be tabled as such. They include the condition that notice must be given before the Committee could agree the amendment. The Government say, however, that it would still be possible under the new arrangement for any two members of an 11-member Committee to approve an amendment on behalf of the whole Committee, as the quorum is only three and the Chair has a casting vote. That is technically correct, but I would suggest that the requirement for notice would make it most unlikely—or, in practice, impossible—that that could happen against the wishes of a majority of active members of a Committee.

--- Later in debate ---

[Caroline Lucas]

The hon. Gentleman underlines my point. I am not blaming Members as they simply cannot know the minute details of the effects of all amendments. That is why having explanatory statements—a limited amount of text clearly explaining what a particular amendment seeks to achieve—is so important. If Members had that information, they would be much better able to exercise their vote judiciously on behalf of their constituents, and would be able to put their hand on their heart and say, “Yes, we do know what we are voting on here.”

I was about to discuss the question of who is at fault. I am not blaming hon. Members; I am blaming the way we work. Given the way our system is set up, it is perhaps understandable—but it is not acceptable—that many MPs have to rely on the Whips to tell them how to vote, and do not really know what the amendment they are voting on actually does. I have seen Members literally being physically propelled through the Aye Lobby in support of Government legislation even as they are trying to find out the significance of what they are voting on.

Members might be less likely to be treated in such a way if there were a simple explanation of the effect of each amendment under consideration, and at least they would know whether they actually agreed with the Whips’ directions. If there were explanatory statements, there would be more transparency and better debates, and Members would be better able to object when the Government make a large number of significant amendments to their own legislation on Report with inadequate time for scrutiny.

It is, of course, absolutely right that MPs should as much as possible listen and contribute to debates in the Chamber, which should enlighten them on the effect of any given amendment. However, as all Members know, being an effective MP involves many other tasks, including responsibilities to undertake work on Committees, to attend debates elsewhere, to chair and attend meetings, to take part in all-party groups, and to meet constituents. As a result, MPs do not, and frequently cannot, sit in the Chamber for all the time that the debate on amendments on which they will later vote is going on. Furthermore, if it were easier to work out what the amendments meant before the debate, more MPs might contribute.

It is obviously good for democracy for MPs to know what they are voting on, but it is also important that we have a system that can be easily understood by members of the public who want to follow a Bill. Currently, interested citizens who might be following proceedings on television or on Twitter have to go separately to the Bill, then look up the clause and then probably go to the explanatory notes to the Bill to try and make sense of what is happening. We need a remedy.

[Jo Swinson]

The hon. Lady mentions explanatory notes to Bills, which we currently have. Does she agree that the proposal under discussion is simply an extension of what is already available? We have explanatory notes saying in plain English what a Bill does, and to extend that to amendments is a common-sense proposal, particularly for those of us and our constituents who do not have legal training. I have had experience of sitting in a Bill Committee and reading an amendment proposed by another Member and wondering what it means. Sometimes that is not clear until the debate starts. This proposal would address that problem.

--- Later in debate ---

[Kevin Brennan]

I do. Further than that, it can also lead to opportunities to broadcast through the more conventional media. For example, as some hon. Members will know, yesterday in Welsh questions I asked the Welsh Secretary to ask the Prime Minister, when he was sitting next to her, to make sure that the Welsh flag was flying over No. 10 Downing street this weekend, just as the flag of St George flew last year during the World cup, to acknowledge the achievements of the Welsh rugby team. After Prime Minister’s questions I was invited on to a phone-in on Radio Wales on which there was a very lively discussion about this proposition. By five o’clock in the evening the Prime Minister had quite rightly agreed that the flag could be flying, and I give him credit for that. So, very quickly, Twitter, conventional media and the use of this Chamber altogether were involved in getting a result for constituents. I think that is a good example of how this technology can be beneficial.

[Jo Swinson]

Will the hon. Gentleman give way?

[Kevin Brennan]

I will give way for the last time because I had not intended to take up my full time.

[Jo Swinson]

I am very grateful. Does the hon. Gentleman agree that although Twitter can certainly be useful for broadcasting, the real value of that kind of interaction is that it is not solely about broadcasting, with MPs sending out messages to constituents, but that it allows two-way communication and can really engage people in the political process?

[Kevin Brennan]

I just about heard the hon. Lady over the twittering of her colleagues at the Bar. She is absolutely right. I was about to make that point, but I will not do so in the interests of brevity, because she has made it for me.

I wrote an article, alongside the hon. Member for North Wiltshire (Mr Gray), in Total Politics magazine a few months ago in which we debated these issues. I think I made it clear in that article that I respect and understand where he is coming from. Like other right hon. and hon. Government Members who have spoken about the issue, he wants to maintain the reputation of the House for the quality of its debates and to ensure that our debates do not descend into a simple parade of read-out speeches. I agree that it would be the death of debate in the House if that happened, but their fears are misplaced.

One can embrace and use such technology and such devices while enlivening and enhancing our debates by bringing in information—yes, from outside, but what is wrong with that? If Ministers can get in-flight refuelling from the officials’ box, why cannot Back Benchers get in-flight refuelling electronically during their speeches if a useful fact can be drawn from outside? I see nothing wrong in being able to draw on all the expertise and information that is available from outside the Chamber.

In our exchange of articles, the hon. Gentleman made some very interesting points, but I will end by simply saying that there is nothing new in political communication in trying to get a message across in a pithy, memorable way, as Twitter enables us to do. In fact, I think that it was a certain Winston Churchill who said:

“Never in the field of human conflict was so much owed by so many to so few.”—[Official Report, 20 August 1940; Vol. 364, c. 1167.]

If that statement was issued as a tweet, it would leave 66 of the 140 characters available on Twitter still to play with. That goes to show that those who want to fight the onslaught of technology on the beaches will find that the tide is turning against them.