Ministerial Statements

Debate between Kevin Barron and Greg Knight

Monday 5th December 2011 Commons Chamber

[Mr Greg Knight (East Yorkshire) (Con)]

I am delighted to follow the hon. Member for Rhondda (Chris Bryant), who made a number of excellent points. However, it is unfortunate that, in effect, only one Opposition Back Bencher is present for the debate—two if we count the hon. Gentleman, who today is a quasi-Back Bencher.

[Mr Kevin Barron (Rother Valley) (Lab)]

There are three of us, in fact.

[Mr Knight]

I see that the right hon. Member for Rother Valley (Mr Barron) is sitting in the far corner of the Chamber. On Thursday he told me he did not think he could be present for the debate. Perhaps that was why I did not notice him, but I am delighted that he is in his place for this important debate.

As has been said, the Procedure Committee was asked to undertake an inquiry by the House, which unanimously agreed to a motion inviting the Committee to develop a protocol for the release of information by Ministers. This was the first debate scheduled by the Backbench Business Committee last year.

As my hon. Friend the Member for Kettering (Mr Hollobone) has pointed out, the current position is that the ministerial code sets out the “general principle” governing the release of information by Ministers. It states:

“When Parliament is in session”—

as I said in an intervention, that is widely taken to mean when Parliament is not in recess—

“the most important announcements of Government policy should be made in the first instance in Parliament.”

The Procedure Committee published its report earlier this year. It set out three principles underpinning its recommendations: that statements were valued by Back Benchers and that Ministers should be encouraged to make them; that important Government announcements should, indeed, be made to Parliament before they are made elsewhere; and that it is a grave discourtesy to Parliament for information to be released before a statement is made.

The Procedure Committee decided without division that it was neither practical nor desirable to produce a detailed protocol, and recommended that the House agree the following resolution:

“That this House expects Ministers to make all important announcements relating to government policy to Parliament before they are made elsewhere on all occasions when Parliament is sitting, and expects information which forms all or part of such announcements not to be released to the press before such a statement is made to Parliament.”

The Government responded, agreeing with the Committee that a detailed protocol would not be a good idea, but rejecting the solution proposed by the Committee and instead favouring the status quo.

On enforcement, the Procedure Committee recommended that complaints should be made to the Speaker in the first instance, and that the Speaker should have the power to dismiss trivial complaints and complaints made without basis. The Speaker could rule in cases where a minor breach had occurred. One might envisage a case where the Speaker receives a complaint and deems it to be a minor breach, and decides to allow an urgent question in the light of that complaint. The Procedure Committee did not envisage the Speaker rapping knuckles in all circumstances. There may well be cases where the granting of an urgent question is deemed sufficient. We also took the view that more serious cases should be referred by the Speaker to the Standards and Privileges Committee.

In their response, the Government did not even acknowledge our recommendations relating to the role of the Speaker, but they rejected our recommendation that complaints be referred to the Standards and Privileges Committee and maintained that the current range of sanctions was “adequate”. In our earlier debate, a number of Members, in particular the hon. Member for Bassetlaw (John Mann), who is not in his place, discussed what sort of sanctions should be available, over and above what happens now. The Procedure Committee concluded that a recommendation from a Committee of the House that a Minister do come to this House and apologise was a sufficiently serious sanction, and that no new sanctions were required. The Government’s response to that was that our Committee’s recommendations were disproportionately severe, which I find a little odd.

I have looked at the Government’s response in detail, and in my view it is highly unsatisfactory. As I have said, the Government agree with the Procedure Committee that it would not be “practical or desirable” to have a “detailed protocol” trying to cover all eventualities, but they said that they did not support the Committee’s approach that the House should agree a motion in terms very similar to the current position as outlined in the ministerial code. The Government stated:

“It is not clear…what purpose would be served”

by such a motion, in which the current position is simply restated.

The Government had clearly failed to recognise the significance, although it was explained clearly in our report, which was that the House would be taking control of the protocol away from the Government. We are not envisaging setting up double jeopardy; we are saying that it should be the House that should decide—via the process of a complaint going to the Speaker and then, if necessary, to a Committee—whether the protocol had been breached, and not an obviously partial and forgiving Prime Minister, who is currently the arbiter. In saying that, I make no criticism of my right hon. Friend the Prime Minister, because the natural instinct of any Prime Minister will be to want to defend his or her Ministers—after all, the Prime Minister of the day appoints all Ministers in the first place.