Private Members’ Bills: Money Resolutions

Kevan Jones Excerpts

Monday 21st May 2018 Commons Chamber

[Andrea Leadsom]

I totally agree with my hon. Friend. It is vital that we always keep a close eye on value for taxpayers. As I have said, progressing with this particular private Member’s Bill would place a potential financial burden of £8 million on taxpayers. The Opposition may believe that it is perfectly fine to spend this amount of public money on a further boundary review, but, given that we have already committed to the 2018 boundary review, the Government cannot support such extra cost to the taxpayer at this point. With one review under way, plus an incomplete review from a previous Parliament, this review would be the third and would push the total cost of reviewing boundaries towards £18 million. I am sure that many constituents of the hon. Member for Manchester, Gorton would share our concern at any further unnecessary expenditure of taxpayers’ money.

The other private Members’ Bills in this Session also of course have costs attached, but they are costs associated with unique legislation, not that replicated elsewhere. As I have made clear many times, the Government will keep this private Member’s Bill under review, but it is right that we should allow the boundary commissions to report their recommendations before carefully considering how to proceed.

[Mr Kevan Jones (North Durham) (Lab)]

I am sorry, but the right hon. Lady is talking complete nonsense. Is it not a fact that the Government could lay the money resolution now? The idea that that money would be spent is absolute rubbish, and as for the idea that the Bill will somehow go ahead, would it not be a suitable back-up if the boundary commissions’ review were to fall?

[Andrea Leadsom]

I cannot really understand why the right hon. Gentleman wants to support a Bill if he thinks the money will never be spent to enact it. That would be a ludicrous situation.

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[Mr Rees-Mogg]

The hon. Gentleman is not focusing on the totality of the constitution. The sovereignty of this House is there to give confidence to the Government of the day. If the Government do not have the confidence of this House, they fall. Therefore, if the Government do not operate correctly in bringing forward their requests for expenditure in terms of their dealings with this House, or if the House does not approve, the Government change.

[Mr Kevan Jones]

rose—

[Mr Rees-Mogg]

I will not give way again because time is short, much as I would like to give way to the hon. Gentleman.

The point of the constitutional differentiation—the separation of powers—is that, as long as the Government command the confidence of this House, they are the sole proposer of expenditure.

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[Mr Kevan Jones (North Durham) (Lab)]

I congratulate my hon. Friend the Member for Manchester, Gorton (Afzal Khan) on securing the debate and on being successful in the ballot.

Private Members’ Bills are important and have been responsible for some major social change in this country. The Sexual Offences Act 1967, which legalised private consensual sex between males over the age of 21, was a private Member’s Bill promoted by Leo Abse. Sydney Silverman’s private Member’s Bill became the Murder (Abolition of Death Penalty) Act 1965, which suspended the death penalty in Great Britain, excluding Northern Ireland, if I remember correctly.

Major social change has been made in this country through private Members’ Bills. Sometimes, including in the case of those two Bills, Governments have preferred to use private Members’ Bills to make those changes, rather than to legislate for it themselves. Not as famous as those two Bills was the Christmas Day (Trading) Act 2004, which I successfully piloted through the House, to limit larger shops from opening on Christmas day. If anyone asks you, Madam Deputy Speaker, why they cannot shop in a large hypermarket on Christmas day, you can say that it is my fault.

The traditional route for private Members’ Bills then was to get selected in the ballot and then argue the Bill through on a Friday. I remind new Members that in those days, we had the formidable Eric Forth in the Chamber, who was the Member for Bromley and Chislehurst. I successfully fought him for a few Fridays, and then we did a deal to get my Bill through. It is an important way for Back-Bench Members to get legislation on to the statute book. That was the traditional route, but we now have a blocking move by the Government. When Members put in for the private Member’s Bill ballot in future, they will have to think about whether the Government will ever give the Bill a money resolution.

[Mr Harper]

I am listening carefully to the examples of private Members’ Bills given by the right hon. Gentleman; the thing they all had in common was that they did not involve spending large amounts of public money. I suspect that most of them did not require money resolutions, and that is the proper role for private Members’ Bills

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[Mr Jones]

I disagree with the right hon. Gentleman, because we then get into a situation where we have to ask who defines what the amount of money is. That is the point—it has to be down to the House to decide whether a money resolution is passed.

The hon. Member for Christchurch (Sir Christopher Chope) quite rightly asked what is stopping the Government laying down a money resolution to be debated on the Floor of the House. I am sure there are Members in the Chamber tonight who know that I can speak and have spoken at length on money resolutions. Why are the Government not bringing forward a money resolution to be debated on the Floor of the House? If it is the will of the House that this Bill should have a money resolution, it should go forward. It should not be for the Executive to decide which Bill gets a money resolution. Otherwise, we should just scrap the current system of private Members’ Bills.

I fundamentally disagree with the hon. Member for North East Somerset (Mr Rees-Mogg), who is not in his place. He is wrong in the points he made. It is the convention of the House that we do not vote on estimates, for example, but we could, and we could block them. I would challenge him and ask: if the Government are so confident that they are right, why do they not test the will of the House and bring forward the money resolution for debate on the Floor of the House? We all know the reason: the Government do not have a majority and will not dare do so, for fear that they will lose that vote.

[Dr David Drew (Stroud) (Lab/Co-op)]

Does my right hon. Friend agree that the Government had the opportunity to kill this Bill, by voting against it on Second Reading? That is the normal way in which to kill a Bill. Why did they not do that?

[Mr Jones]

Therein lies the problem. Clearly, there are a number of Conservative Back Benchers who will not vote for the current Boundary Commission recommendations, which I will get on to in a minute, and the Government are not confident about getting them through. Not tabling a money resolution to the private Member’s Bill is a new blocking technique. They do not want to test the will of the House because of their fragile majority—or rather lack of a majority; I do not think they could have carried the Democratic Unionists at that stage. What are the Government afraid of? They should bring the resolution before the House and let it decide.

In terms of the argument that the Bill will somehow be a waste of £8 million, I am taking no lectures from the Government. I remember the coalition Government flipping and changing over whether we should have cats and traps on aircraft carriers, for example, which cost the taxpayer £100 million. There was the decision to renationalise the east coast main line last week; the rebranding of the trains alone is going to cost £13 million. The argument is complete nonsense. My hon. Friend the Member for Rhondda (Chris Bryant) summed it up very well when he said that the Government would not be wasting money because what will happen, if they lose on this matter, is that they will pick up the Bill as a way of enacting the new boundaries.

May I turn briefly to the new boundaries? I believe in the equalisation of constituencies, which is fair and a part of our democratic process. It is important to have confidence in that, and to keep the link, which is unique in our system, between individual Members and their constituencies and communities. The gerrymandering that was done by the Cameron Government in reducing the number of MPs to 600 has led to the Boundary Commission—and I do feel sorry for it—being given an impossible task. We only have to look at some of the recommendations that have been put forward for the shape of constituencies, with communities put together that have no connection whatsoever. For example, there is one in the north-east that would win a geography prize and, given its odd shape, would clearly not be out of place in Texas in the United States.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I hesitate to interrupt the right hon. Gentleman, and I apologise to him. There has been a technical problem with the clock, and the number of minutes apparently left to him is not the number of minutes he has left. He has taken two interventions, so I will add on two minutes of injury time, but I would be very grateful if he did the House the courtesy of finishing at 7.33 pm.

[Mr Jones]

As you know, Madam Deputy Speaker, brevity is my style; I will certainly do what you request.

A fundamental part of our democracy in this country is the link between the constituency and the community, but that has been thrown out completely in this process. I do not blame the Boundary Commission for that; I blame the coalition Government. Let us remember that there was a coalition, and the Liberal Democrats signed up as well.

There has also been the argument that the cost of democracy will somehow be reduced. My hon. Friend the Member for Birmingham, Perry Barr (Mr Mahmood) asked how many peers David Cameron created. He created 198 in six years, and I understand that the cost of that is an additional £22 million a year.

[Nick Smith (Blaenau Gwent) (Lab)]

Will my right hon. Friend give way?

[Mr Jones]

Unfortunately, I cannot give way because I do not have the time.

This debate is not about the cost, but about the fact that the Government cannot secure a majority in this House. They do not have a majority among their own Back Benchers to support their legislation, and if they were really thinking about the public purse, they would ditch the Boundary Commission review now, adopt the Bill of my hon. Friend the Member for Manchester, Gorton, so that we can equalise constituencies and get on with the process, which would actually save, not cost, money.

May I finish by making a point about the Leader of the House, whose job is to uphold and protect our rights as a Chamber? I am sorry, but I do not think she is doing a very good job of that at all. She has found herself on this occasion bowing to the inevitable, with a Government who clearly do not have a majority, but want to get their own way at all costs.

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[Chris Philp]

No, that is not what we should do. I am specifically referring to the expenditure of significant amounts of money that requires budgetary balance—a discipline Labour Members may well want to reflect on.

The right hon. Member for North Durham listed a number of private Members’ Bills over the years, some of which have been very significant, but as my right hon. Friend the Member for Forest of Dean pointed out in an intervention, almost all—in fact, all—of the private Members’ Bills that were listed did not require significant expenditure. The distinction I draw is about initiating expenditure and the balance between the Executive and the legislature.

[Mr Kevan Jones]

That is fine, but will we then get a situation in which, when someone initiates a private Member’s Bill, we get into a debate not about whether it needs a money resolution, but whether it needs what is deemed to be a significant amount of expenditure? As we all know, what is significant in the eyes of one person is different from what is significant in the eyes of others.

[Chris Philp]

I hope that the right hon. Gentleman is not suggesting that the expenditure in this case—I think it is some £13 million—is insignificant; that money would pay for 300 nurses. If Labour Members are seeking to advance the argument that £13 million of our constituents’ money is insignificant, I think they are sorely mistaken. If that is their attitude, it perhaps explains why the deficit they bequeathed us in 2010 was quite so large.

To move on to the process, the Government are taking quite a sensible view by saying that they will wait and see when it comes to the money resolution for this private Member’s Bill, because we have an active process that is currently running and on which considerable time and money have already been expended. There will be a report to the Government and also to the House in a matter of three or four months, and to have two separate processes cutting across and indeed contradicting each other before the House has reached a decision on the first process strikes me as duplicative and wasteful. It is therefore quite reasonable to wait for three or four months—it is not very long: a matter of a few weeks—before deciding how to proceed.

The House itself will reach a decision about the proposed boundaries with 600 constituencies in the month of October, and having waited seven or eight years we can quite comfortably wait until then. At that point, we will of course have a debate about the Boundary Commission proposals, and the fact that the Government are prepared to wait and see with regard to this private Member’s Bill until then hints at some degree of open-mindedness about the outcome of whether we are equalising at 600 or 650 constituencies. That open-mindedness actually shows respect for the House because the Government are saying that they will listen to the House’s opinion in a few months’ time. There are of course good arguments on both sides—in favour of 600 and in favour of 650. The arguments in favour of 600, of course, relate to reducing the cost of and having a more manageable House, but there are clearly good arguments in favour of 650, not least—