Backbench Business Committee

John Baron Excerpts

Monday 12th March 2012 Commons Chamber

[Mr Heath]

I have already indicated that we will want to see the Procedure Committee’s conclusions. It has been the practice of my right hon. Friend the Leader of the House and myself to bring forward motions to allow the House to consider the Procedure Committee’s recommendations. I do not think we have anything to be ashamed of in that respect as we have been very careful to ensure that the House has opportunities, where possible, to determine these matters. Obviously, we shall have to wait and see what emerges from the Committee in due course.

[Mr John Baron (Basildon and Billericay) (Con)]

My hon. Friend is being generous in giving way but he still has yet to explain why he and the Government are pre-empting the Procedure Committee’s findings, particularly given one of its last known findings, at paragraph 59 of its latest report, which stated:

“We have received no adverse comments on the arrangements for the elections to the Backbench Business Committee”.

Can the Government justify their position?

[Mr Heath]

There was limited scope for complaints about elections to the Backbench Business Committee because, certainly on the Government side of the House, there were no elections: the Members who serve on the Committee were elected unopposed. However, the Procedure Committee proposed that we needed to consider the position of minority parties and I assured Members from the minority parties when we first debated this matter that we would look into this and come back with proposals. I think we would be deficient in our response to the House if we were not to have that debate before the opportunity arises to vote again on the Backbench Business Committee.

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[Mr Heath]

The hon. Gentleman raises a separate issue, one that we explored at length when we set up the Committee. The answer is that the Committee is a Committee of the House which deals with the topical issues before it, and it is right that Back Benchers have a regular opportunity to express their view on its performance; I make no apologies for that. It is sensible that the House has such control, because if we were to elect the Committee’s members for an entire Parliament, the House would lose that opportunity to reflect on, or to see, whether the Committee was conducting itself as the House had hoped.

That is entirely different in kind from the responsibilities, within a Select Committee, of Select Committee members, who need such continuity in order to do effectively their job of holding to account the Department in question. To my mind there is a clear separation, but the hon. Gentleman may take a different view. I am simply confident that the House is capable of making decisions about the way in which it conducts its affairs, and of doing so without the benefit of distortions of any kind in the system. That is what is proposed today.

[Mr Baron]

Will my hon. Friend give way?

[Mr Heath]

I am going to have to make some progress very soon, because I have gone very little distance in explaining the tenor of my comments, but I will give way once more to the hon. Gentleman, as I am a very generous man.

[Mr Baron]

My hon. Friend is being very kind, but in all these exchanges he has singularly failed to answer one simple question: why are the Government pre-empting the findings of the Procedure Committee?

[Mr Heath]

The hon. Gentleman says that I have singularly failed to answer the question, but I have answered it several times; he simply does not like the answer I have given. There is a subtle distinction between not answering and others not accepting the answer. As I have said, the answer is that this is the opportunity we have before the elections.

The Procedure Committee will not report before the elections are due, and I do not want to put any further pressure on it to complete its report in a hurry, because these are very important matters on which we want the full benefit of its advice. It is no good crying after the event if it proves that we have made an error in our election of Members to the Backbench Business Committee. That is why the House has been given the opportunity today to consider whether it wants to make the changes that I have suggested.

The motion achieves that—

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[Mr Peter Bone (Wellingborough) (Con)]

I rise to speak against the motion, largely in sadness and regret, because I will have to criticise those on the Government Front Bench, particularly the Leader of the House and the Deputy Leader of the House. I could do that in 10 seconds, because as we have already heard, Government and Opposition Front Benchers support the motion on the Backbench Business Committee, so we could almost say, “When the two Front Benches agree, it’s a clearly a stitch-up and can't be right for the House”—and sit down.

This attempt to alter Standing Orders on the Backbench Business Committee to suit the Executive is absolutely outrageous. It is an attempt by the Executive to ignore Parliament and to impose their will on the House. What is particularly shocking is that they are trying to interfere with business that is exclusively Back-Bench business. Such business has no relevance whatever to the Government.

The Government’s actions fly in the face of the House of Commons Reform Committee report, “Rebuilding the House”, HC1117, which proposed what are known throughout the House as the Wright reforms. Those reforms were designed to restore trust in Parliament and to reduce the power of the Executive. They were the very reforms that the Leader of the House and the Deputy Leader of the House supported so vigorously when they were in opposition. I am sad to say that it has taken less than two years for the Government to do a U-turn and go back to the bad old days of the Executive trying to tell Parliament what to do. There have been several signs over the past few months that the Government are adopting the policy of always knowing right and of assuming that Parliament is there only to rubber-stamp their decisions. This motion is the clearest and most obvious breach of their commitment to put Parliament first.

One of the most shocking and shameful aspects of the debate is its timing. The Leader of the House put the motion on the Order Paper without any consultation with the Backbench Business Committee. Even more significantly, he did so only hours after the Committee met, so that it could not formally consider the issue. He has also tabled the debate and vote prior to tomorrow’s Committee meeting. He has deliberately slighted the Committee, which meets weekly, by putting the motion on the Order Paper hours after last Tuesday’s meeting and before tomorrow’s meeting.

What is even more reprehensible is that the Committee is reviewing its operation so that it can report to the House and provide evidence to the Procedure Committee’s inquiry. The Government’s timing is the most disgraceful discourtesy to the Backbench Business Committee. The Leader of the House is saying to the Committee: “I want to sneak this through before your Committee can formally protest.” That is devious, undemocratic and a disgrace to the Government.

I shall now turn to the crux of the matter—this is why the motion should be defeated. The Procedure Committee, chaired so ably by my right hon. Friend the Member for East Yorkshire (Mr Knight), who is in his place, announced on 21 February 2012 that it was launching a review of the operation of the Backbench Business Committee in accordance with a previous motion agreed by the House of Commons. The review was

“in particular to inquire into…issues relating to the membership of the Committee…the amount of time available to the Committee and the way in which the Government allocates that time…the powers of the Committee, and the process by which the Committee determines the matters to be debated in backbench time.”

The closing date for submissions was Thursday 8 March. Let us dwell on that for a moment. Thursday 8 March was two days after the Government tabled their motion and decided what the House would do. At best, that was a shoddy attempt by the Government to ignore a Select Committee; at worst, it was an attempt by the Government to interfere with a Select Committee, which could give rise to a number of issues for the Minister, possibly including a breach of the ministerial code and referral to the Standards and Privileges Committee. The Government might think that they can ignore the will of Parliament, but this is a different Parliament from previous ones. This Parliament is willing to stand up to an all-powerful Executive.

As the House is aware, Members were requested to send representations to the Procedure Committee by last Thursday. The first three things they were asked to consider were:

“The composition of the Committee and the process for electing its members; whether the Chair of the Committee should be reserved for an opposition Member; whether a place on the Committee should be reserved for the minority parties.”

The top three issues, then, that we were asked to consider and report on to the Procedure Committee by last Thursday are exactly the three issues that the Government are trying to shoot through Parliament today.

The Executive have decided, without waiting for the Procedure Committee report, that Committee members will be elected by party groups and that the Chair of the Committee will be an Opposition Member, and they have completely fudged the issue of the minority parties. The Government have predetermined the Procedure Committee’s inquiry before it has had time to collate the written evidence, take oral evidence and consider its report.

[Mr Baron]

Does my hon. Friend agree that the Government’s explanation—that they had to push this through prior to an election—runs rather shallow given that, unlike for other Committees of the House, elections are every Session, so these proposals could quite easily have been postponed for a year until the next elections?

[Mr Bone]

Of course that is the case. These elections will determine the Backbench Business Committee not for the term of the Parliament but for a year. If the Procedure Committee happened to report after the next elections and there was a change to procedure, the elections afterwards could be run on the new system. There was absolutely no need to prejudge the Select Committee report, apart from the fact that it might have resolved matters differently from what the Government wanted.

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[Mr John Baron (Basildon and Billericay) (Con)]

I find the proposals in the Government’s motion to be very unfortunate, as they are bringing party politics into this place when dealing with Back-Bench business matters. That is, as I say, most unfortunate—and, more importantly, it will be viewed as unfortunate by people outside this place, too.

I suggest that a key aspect of the reassertion of Parliament was the formation of the Backbench Business Committee, which has proved—neither the Government nor Opposition Front-Bench Members have been able to suggest otherwise—to be an excellent method of holding the Executive to account, ensuring that matters of importance are debated here, at times against the wishes of the Government. I have heard no evidence from anybody that the Backbench Business Committee is not working well.

I have my own reasons to be grateful to the Backbench Business Committee. The full-day debate that I led on Iran on 20 February was the first time that the subject had been debated for many years. Whatever the views across the House, it was a good day for parliamentarians. It was a packed debate; we ran out of time; we heard many excellent contributions, including from former Foreign and Defence Secretaries. It was deemed by everyone who participated in the debate to be well worth while. At the time, the Government opposed it; they opposed even the wording of the motion, as we saw.

It is therefore very regrettable that the Government have pre-empted the findings of the Procedure Committee’s inquiry into the operation of the Backbench Business Committee by producing their own recommendations today. The response from those on the Front Bench that they had to do it now, because if they did not it would be too late for the election, is complete and utter nonsense. The elections come round every Session: they come round every year. There is no real reason why the Government’s suggestions could not have waited until the Procedure Committee had presented its recommendations, and perhaps they could then have influenced the elections next year.

I am afraid that, whatever my right hon. Friend the Leader of the House may say from the Dispatch Box, the justification does not stack up. There can be no doubt that implementation of the Government’s proposals would result in a weakening of the Committee. It would take power away from the Back Benches and Parliament and hand it back to the Executive, and that cannot be right. This is all about control.

Finally, let me say something about the question of who selects the Chairman and Committee members. Surely all those who are selected as members of the Committee would have far more authority if they were elected by the whole House, rather than by party groups. That would enable the Committee to perform its role even better, with greater justification and, I would suggest, with greater credibility and integrity as well.