Standing Orders (Public Business)

Kevin Brennan Excerpts

Thursday 22nd October 2015 Commons Chamber

[Hywel Williams (Arfon) (PC)]

rose—

[Kevin Brennan (Cardiff West) (Lab)]

rose—

[Chris Grayling]

I will give way in a moment. Let me just make this point.

[Kevin Brennan]

rose—

[Hon. Members]

Sit down!

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. Nobody tells anyone to sit down except the Chair. The hon. Member for Cardiff West (Kevin Brennan) should know when to resume his seat; nor should he challenge the House from a sedentary position.

[Kevin Brennan]

Well tell them to shut up then.

[Madam Deputy Speaker]

Order. If the hon. Member for Cardiff West had whispered that remark, I would not have heard it. As he made it very loudly, I could not help but hear it, and I must ask him to apologise to the House for using that language.

[Kevin Brennan]

Of course I apologise to you, Madam Deputy Speaker. I hope we are not going to be second-class MPs in this House with that sort of attitude. [Interruption.]

[Madam Deputy Speaker]

Order. We will have a calm and sensible debate this afternoon, and I hope that tempers will now be kept under control.

--- Later in debate ---

[Chris Grayling]

I will take one more intervention before I make a bit of progress, and then I will take a couple more.

[Kevin Brennan]

Will the Leader of the House confirm that these changes to Standing Orders make it practically impossible for any Conservative Welsh Member of Parliament to be appointed a Minister of the Crown in any area where the jurisdiction is devolved?

[Chris Grayling]

No, I do not accept that at all. Indeed, it has already happened. The former Member of Parliament, John Reid, was Health Secretary while representing a Scottish constituency over which he had no jurisdiction in health matters. I happen to believe that we want the best people in this House to do the jobs. Nothing in the proposals will prevent that.

I will make a few points about the Procedure Committee and then take more interventions. I recognise that this is a change to the workings of the House. I have therefore sought to ensure that the views of the House about the process are taken into account. I have given evidence to the Procedure Committee and the Scottish Affairs Committee. I am grateful to the members of both Committees for their work. I have met representatives of the parties across the House and many individual Members over the past few weeks. I listened to the comments that were made earlier in the summer and provided extra time for debate. I extended the timeframe beyond the original 100-day commitment. I also ensured that this debate took place after the Procedure Committee had completed its work.

--- Later in debate ---

[Chris Bryant]

My hon. Friend makes a very good point, which is that the Mackay commission lays out various different routes that one could go down, but makes it absolutely clear that one of his fundamental principles was that there should not be two tiers of MPs.

[Kevin Brennan]

I asked the Leader of the House earlier on about how a Welsh Conservative MP could be appointed a Minister of the Crown in an area that is not devolved. Does my hon. Friend understand how that could practically be the case under these proposals if that Minister was not permitted to participate in the Committee stage of a Bill under his own jurisdiction?

[Chris Bryant]

If I am honest, the reason I was upset that the Leader of the House did not lay out his plans was that, in the previous debate that we had earlier this year which I did not take part in but which I read, I noticed that he made several mistakes about his own proposals. I do not honestly think that he fully understands them. It is certainly true that people would be able to take part in debates, but they would not then be able to table amendments.

It was a delight to see the right hon. Member for Wokingham (John Redwood) telling us all how terrible it was that powers had been forced on other people by MPs from different parts of the country. When he was Secretary of State for Wales, despite not representing a Welsh seat, he introduced, much against Welsh views, the shape of local government that we have in England today.

--- Later in debate ---

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

Thank you for the early warning, Mr Deputy Speaker.

It is my privilege to follow the Father of the House, who, in his now customary fashion, stilled this House with his wisdom. I think we should listen carefully to what he said and take on board the points he made. The only response I would make is this: he said that before this measure we were all equal, but I am afraid that that is not the case. The West Lothian question was originally coined in the 1970s, but it has been with us since the moment the devolution settlements were enacted in Wales and Scotland. The fact that it has been ignored, ignored and ignored, and amplified by further and further devolution to Scotland and Wales, and now to Northern Ireland, is the reason we are now having this debate: we have this one unresolved issue before us.

The principle of English votes for English laws is clearly right. As I hear the objections of those who supported the settlements in Scotland and Wales that they are now going to be excluded from the consideration of matters in England that affect their constituents, I recall that that is exactly the same argument that we made against the establishment of Scottish and Welsh Parliaments, because those things are now decided in those jurisdictions whether or not they have any effect on my constituents. We have an unequal House already, and the question is how to address that.

This debate follows the Prime Minister’s statement following the referendum. Since then, we have learned that doing this in this way is fantastically complicated. I draw the House’s attention to proposed Standing Order 83J(8)(b), which says that the Speaker

“shall disregard any provision inserted by the House of Lords which, in the Speaker’s opinion, has the sole objective of ensuring that Standing Order”—

blah, blah, blah. In other words, the Speaker is meant to adjudicate on what he thinks was behind the intention of an amendment passed by the House of Lords. We are in danger of putting the Speaker in an impossible position. I do not dismiss the risks of judicial review in these circumstances because we are inviting such controversy through these arrangements. However, the hon. Member for Rhondda (Chris Bryant) cannot have it both ways. He cannot say that this is a massive constitutional change and then read out a whole lot of statistics and say it will make no difference at all. He is in rather a difficult position.

We need to move on from this kind of debate to a different kind of discussion. We need far more dialogue and discussion, both in this Chamber and outside it, involving all the parties, Unionist and nationalist. We need it in public and in private, we need it in all parts of the United Kingdom, and we need to involve all four Parliaments and Assemblies. We need to choose language that seeks to build common ground, avoids divisive terms, does not prejudge outcomes, and makes each part of the United Kingdom feel valued, feel heard and feel understood. I fear that this debate is not going to do that.

The Constitutional Committee is launching an inquiry into the future of the United Kingdom.

[Kevin Brennan]

Will the hon. Gentleman give way?

--- Later in debate ---

[Ian C. Lucas]

I will leave the Barnett consequential argument to others because time is very limited, but clearly it was one that was heard very often in the Procedure Committee.

My constituents, who get their services from specialist hospitals in England, need to have representation through me, speaking on their behalf, in connection with those hospitals. If the proposals go through and the England Grand Committee excludes me from speaking on their behalf, my constituents will not have a voice in this Parliament. To my knowledge, this process is unprecedented. The Leader of the House knows I will not have the opportunity to move amendments in that Committee in connection with the future of, for example, those hospitals. That is the situation. I have spoken to my constituents and they believe very strongly that that is wrong.

[Kevin Brennan]

My hon. Friend has studied this very closely. Can he answer the point I was trying to make earlier? How can it possibly be envisaged that this will not interfere with the Prime Minister’s ability to make a Crown appointment of a Minister, when any Minister from a Welsh constituency, for example, who is appointed a Minister to a Department would be unable to participate in the Committee stage of a Bill he was promoting in Parliament? Is that not a nonsense?

[Ian C. Lucas]

It is a nonsense, and it is unprecedented. It will mean that an individual from outside England cannot be a Minister and move amendments in Committee on what is defined as an England-only Bill. If that is not creating two different classes of Member, I do not know what is.

This is the third version of amended Standing Orders—it came out last week after the Procedure Committee reported—and it is extremely complex. I have tabled two amendments to illustrate my two points, although I have not read them out because they would have taken up my entire four-minute allocation of time. None the less, the Standing Orders are horrifically complex and dangerous, and they go to the heart of the Union.

--- Later in debate ---

[Kevin Brennan (Cardiff West) (Lab)]

On a point of order, Mr Speaker. Now that we have created different classes of MP, would it be convenient for the House to consider issuing different coloured passes to different types of MP so that it is easier for them to be recognised in Committees and Divisions? Perhaps we could have white passes for English Members, blue for the Scottish, red for the Welsh, and green for those from Northern Ireland.

[Mr Speaker]

The hon. Gentleman has made his point in his own way, and I feel sure that its thrust, or what Jack Straw used to call its gravamen, will be winging its way to Cardiff media outlets ere long. Meanwhile, his point is on the record and I will not respond.