Independent Complaints and Grievance Scheme
Lindsay Hoyle Excerpts(4 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Leader of the House of Commons (Mr Jacob Rees-Mogg)
I beg to move,
That this House reaffirms its commitment to the Independent Complaints and Grievance Scheme (ICGS) and to tackling bullying, harassment and sexual misconduct on the part of anyone who is or was a member of the parliamentary community; accepts the recommendation in the report by Dame Laura Cox QC on The Bullying and Harassment of House of Commons Staff that complaints against Members should be determined by an independent body; agrees with the proposal brought forward by the House of Commons Commission to implement this recommendation; accordingly agrees to the establishment of an independent panel of experts which shall operate in accordance with the principles of fairness, transparency and natural justice; and expects all Members of this House to cooperate with the Panel’s work and comply with its decisions.
Madam Deputy Speaker
With this we shall consider the following:
Motion 5—Independent Expert Panel—
That the following Standing Orders, amendments to standing orders and amendments to the Code of Conduct be made:
A. Independent Expert Panel
(1) There shall be a Panel, to be known as the Independent Expert Panel for the Independent Complaints and Grievance Scheme (the “ICGS”), whose members shall be appointed by the House in accordance with Standing Order (Appointment of Independent Expert Panel Members).
(2) The Panel shall consist of eight members, of whom a quorum shall be four.
(3) The functions of the Panel shall be:
(a) to determine the appropriate sanction in ICGS cases referred to it by the Parliamentary Commissioner on Standards;
(b) to hear appeals against the decisions of the Parliamentary Commissioner for Standards in respect of ICGS cases involving Members of this House;
(c) to hear appeals against a sanction imposed under paragraph (a);
(d) to report from time to time, through the Clerk of the House, on the operation of the ICGS as it relates to Members of this House
(4) The Panel may elect its own Chair.
(5) The responsibilities of the Chair shall include:
(a) ensuring that the Panel and its sub-panels comply with the provisions of the relevant resolutions and standing orders of this House;
(b) the appointment of sub-panels to consider individual cases;
(c) co-ordinating the work of the Panel with that of the Parliamentary Commissioner for Standards;
(d) referring any report from a sub-panel which determines a sanction that can only be imposed by the House to the Clerk of the House who shall lay it upon the Table of the House;
(e) informing the parties concerned of the outcome of any other case reported to the Chair by a sub-panel and ensuring compliance as appropriate with its recommendations;
(f) establishing the procedure for an appeal against the findings or determination of a sub-panel in cases referred under (3)(a) above;
(g) reporting to the Parliamentary Commissioner for Standards any case of noncompliance under sub-paragraph (e) above by a Member of this House;
(h) ensuring publication of an Annual Report on the functioning of the Panel and its sub-panels by referring the report to the Clerk of the House for laying on the Table.
(6) The Panel and any sub-panel shall have power
(a) to sit notwithstanding any adjournment of the House;
(b) to order the attendance of any Member before it and to require that specific documents or records in the possession of a Member relating to its inquiries, or to the inquiries of the Commissioner, be laid before it;
(c) to appoint legal advisers, and to appoint specialist advisers either to supply information which is not readily available or to elucidate matters of complexity within the Panel’s order of reference.
B. Independent Expert Panel: Sub-panels
(1) Cases referred to the Independent Expert Panel under Standing Order (Independent Expert Panel) shall be considered by a sub-panel appointed under paragraph (5)(b) of that order.
(2) A sub-panel shall consist of three members of the Panel and shall have a quorum of three.
(3) Sub-panels shall sit in private.
(4) A sub-panel may request the Parliamentary Commissioner for Standards to conduct further investigations in respect of a case referred to it and may specify the matters to be covered in that investigation.
(5) In respect of each case referred to it, a sub-panel shall make a report of its findings to the Chair of the Panel.
(6) Where an appeal is made against a finding or determination of a sanction by a sub-panel, a new sub-panel shall be established to hear that appeal. No member shall be eligible to hear an appeal against the decision of a sub-panel on which they have served.
C. Appointment of Independent Expert Panel Members
(1) Members of the Independent Expert Panel shall be appointed by a resolution of the House on a motion made under the provisions of this order and shall remain as members in accordance with the provisions of this order.
(2) The period of appointment of each member shall be specified in the resolution of the House for appointment and shall not exceed six years. The appointment of a member is not terminated by any dissolution of Parliament.
(3) No person who has once been a member may be appointed for a further term.
(4) No person may be appointed as a member if that person is or has been a Member of this House or a Member of the House of Lords; and any person so appointed shall cease to be a member upon becoming a Member of this House or of the House of Lords.
(5) No person may be appointed as a member unless that person has been selected on the basis of a fair and open competition.
(6) A person appointed as a member may resign as a member by giving notice to the House of Commons Commission.
(7) A person appointed as a member shall be dismissed from that position only following a resolution of the House, after the House of Commons Commission has reported that it is satisfied that the person should cease to be a member; and any such report shall include a statement of the Commission’s reasons for its conclusion.
(8) No motion may be made under the provisions of this order unless—
(a) notice of the motion has been given at least two sitting days previously, and
(b) the motion is made on behalf of the House of Commons Commission by a Member of the Commission.
(9) The Speaker shall put the questions necessary to dispose of proceedings on motions made under the provisions of this order not later than one hour after the commencement of those proceedings.
(10) Business to which this order applies may be proceeded with at any hour, though opposed.
D. Motions consequent on the ICGS
(1) A motion may be moved by a member of the House of Commons Commission to implement a sanction in respect of an individual ICGS case determined by a sub-panel of the Independent Expert Panel.
(2) The Speaker shall put the questions necessary to dispose of proceedings on a motion under paragraph (1) of this order not later than one hour after the commencement of such proceedings.
(3) Business under this order may be proceeded with until any hour, though opposed.
Amendments to other Standing orders
(1) Standing Order No 149 (Committee on Standards)
Paragraph (1)(a): after “Standards”, insert “except in relation to the conduct of individual cases under the Independent Complaints and Grievance Scheme”.
(2) Standing Order No 150 (Parliamentary Commissioner for Standards)
Leave out paragraph (2)(f) and insert:
“(2) (f) to oversee investigations and make findings in cases against Members under the Independent Complaints and Grievance Scheme; to refer such cases to the Independent Panel of Experts where a sanction beyond her powers is contemplated; and to assist the Panel and its sub-panels in its work.”.
Delete paragraph (4)(c).
(3) Standing Order No 41A (Deferred divisions) Paragraph (2)(d): at end of sub-paragraph 5, delete “and” and insert:
“(vi) paragraph 1 of Standing Order (Motions consequent on the ICGS); and”.
Amendments to the Code of Conduct
In the Code of Conduct for Members of Parliament (HC (2017–19) 1882):
(1) in paragraph 19, at end add “and for the Independent Expert Panel acting in accordance with Standing Order (Independent Expert Panel) in relation to the determination of cases under the Independent Complaints and Grievance Scheme.”.
(2) in paragraph 21; at end add “Failure to comply with a sanction imposed by a sub-panel of the Independent Expert Panel shall be treated as a breach of the Code.”.
Motion 6—Matters Raised on Motions Consequent on the ICGS—
That, subject to the discretion of the Chair, the House shall apply the following rules in proceedings on matters raised by the Independent Expert Panel or its sub-panels:
(a) The name of any complainant may not be referred to in any motion, debate or question.
(b) Details of any investigation or specific matters considered by a sub-panel of the Independent Expert Panel shall not be referred to in any motion, debate or question.
(c) The findings and determination of sanctions of a sub-panel of the Independent Expert Panel may not be called into question.
Business of the House
Lindsay Hoyle Excerpts(4 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Rees-Mogg
I agree with the right hon. Lady that the whole House sends its condolences to Dame Vera Lynn’s family. She sang uplifting tunes that ensured the nation’s morale was good at a time of desperation. It is noticeable that when we had a difficult time recently, it is once again her words that our sovereign reached for. We look forward to “bluebirds over the white cliffs of Dover” as we get blue passports back, so as people come in they will be looking for bluebirds waving their blue passports. We commemorate and remember her for the great contribution she made to boosting the nation’s resolve and morale.
I appreciate the right hon. Lady’s gratitude for Opposition days. I always do my best to ensure that there is contentment on the Opposition Benches. In that spirit, may I add to the celebratory comments about the Opposition Chief Whip’s birthday and his service to Parliament, for which I think he has a genuine commitment and love? I think that has been good news for how this place has operated in some, although not necessarily in all, ways, because he is also a very effective party politician. [Interruption.] I am in favour of effective party politicians. I think it is a perfectly reasonable thing to do. There is no criticism in that; it is part of making a democracy work.
Recess dates are always subject to the progress of parliamentary business and that remains the case. As soon as I can bring an update to the House, I will do so. The Environment Bill is an important Bill. Obviously, because there were no Public Bill Committees during the period when we were entirely hybrid, there have been delays. It would be very unlikely for it to be out of Committee at the date currently proposed.
I am very glad the right hon. Lady welcomes the Government policy on free school meals. The Government are a Government who listen, and that is quite right. It is very odd that the Labour party should come late to a party asking for something, and then when the Government give it, complain that the Government have given it. I do not really see the logic in that. I think the Government have done absolutely the right thing.
As regards the merger of DFID and the Foreign Office, this is an absolutely brilliant policy. It is one that commands support across the country, because it is putting British interests first. It was not from this Dispatch Box, but from a Dispatch Box in a very similar place—it had to be replaced after the damage caused by the bomb—that Lord Palmerston pointed out that we have eternal interests. Our nation’s interests must be served by the structures of government, and that is what is being done. We must ensure that taxpayers’ money is well spent, and taxpayers have a right to demand that their money is used carefully.
The Prime Minister has been here to make a statement to the House. You, Mr Speaker, rightly keep Her Majesty’s Government on their toes when announcements are not made to this House, and sometimes they creep out at press briefings, which is something you deprecate, but when the Prime Minister comes and makes the statement to this House, does he get the laurels that he deserves—the paeans of praise that should come to him? No, not at all; we get grumbling, moaning and complaining that it is not enough. It has to be said that some people can never be satisfied.
The right hon. Lady called for a uniform for the Chancellor of the Duchy of Lancaster; I can tell her that as Lord President of the Council, I am entitled to a uniform but, as I understand it, the uniform has not been worn by any Lord President since the coronation of George V. I therefore do not intend to resurrect that ancient tradition. [Interruption.] I do not have the uniform and nor will I be seeking to get the uniform. I do believe that the Chancellor of the Duchy of Lancaster is entitled to have a flag on his official car, but I understand that that practice has also fallen into disuse.
The right hon. Lady referred to the Government’s commitment to racial equality, which is a very important subject. It was clear in our manifesto that we will ensure that Britain is a fairer society and tackle racial and ethnic inequalities where they exist. The new commission has been set up to have a fresh and positive approach to try to ensure that we have as fair a society as we possibly can. The seriousness with which the Government take the issue is shown by the seniority of the person put in charge of the commission, working from Downing Street.
Finally, the right hon. Lady questioned whether the BBC was being brought into politics. It is noticeable that it is the left that likes to see much higher funding for the BBC; I wonder why that is.
Mr Speaker
I thank the Leader of the House for confirming that the Prime Minister will make that statement here first.
Sir Robert Syms (Poole) (Con)
May we have an urgent debate on aviation, for two reasons? First, because many of us want to express our support for BA staff, who are currently having a very difficult time with their management; we need to stand up for them. Secondly, because the 14-day quarantine in aviation is such a good policy that it needs rapid improvement to air bridges or testing. We need to get the aviation industry going and those two issues need fully to be discussed in the House.
Mr Rees-Mogg
I am grateful to my hon. Friend for raising an important point that will be of concern to others in the House. There are Transport questions on 2 July, but I suggest that she applies to you, Mr Speaker, for an Adjournment debate to begin the process of the matter being discussed more fully.
Mr Speaker
We are heading up to the north-east with Ian Mearns, the Chair of the Backbench Business Committee.
Ian Mearns (Gateshead) (Lab) [V]
Thank you, Mr Speaker; I am grateful for your indulgence. I hope that the Leader of the House enjoyed the coronation of George V, which I believe was 110 years ago. Will the Leader let us know when the anticipated estimates days debates are due to take place, and how many days of such debates the Backbench Business Committee will have to allocate? We probably need to do that work next week.
Also, this afternoon the House will debate the effect of covid-19 on black, Asian and minority ethnic communities. Although I welcome the measure of protected time, it would be a great shame if contributions to such an important and well-subscribed debate had to be limited to only two or three minutes.
Lastly, could the Leader of the House crave the indulgence of some of his colleagues in the Business team to look at what Newcastle United are doing in terms of being an outlier within the premier league by completely and unnecessarily withholding refunds for tickets for games that they know will not be played in front of fans? It is withholding those refunds from fans: paying customers, many of whom, frankly, in the current climate could do with the money.
Mr Rees-Mogg
Indeed,
“All the world’s a stage, and all the men and women merely players”.
My hon. Friend makes her point extremely well. As we have heard previously, these are matters of concern across the House. As I said earlier, the Government are taking steps to help the artistic community, as they are helping the whole of the economy. The Secretary of State for Digital, Culture, Media and Sport has acknowledged that social distancing makes staging performances exceptionally difficult for theatres, and that the industry will need a different approach form other sectors. We might end up with different ways of going to the theatre and with more live streaming and so on. Over the next few weeks my right hon. Friend will be convening experts in a targeted way and bringing together our leading performers from theatres, choirs and orchestras with medical experts and advisers in the hope that a solution can be found that will preserve our heritage in the way that my hon. Friend suggests.
Mr Speaker
In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am now suspending the House for three minutes.
Virtual participation in proceedings concluded (Order, 4 June).
Business of the House
Lindsay Hoyle Excerpts(4 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Rees-Mogg
With regard to the final part of the hon. Gentleman’s question, I agree absolutely. I view it as one of the roles of the Leader of the House to take it up with Departments when answers are not felt to be satisfactory by Members, and I will unquestionably take up what he has said with the Treasury. Answers ought to be specific to the question raised by a Member of Parliament. That is one of our rights as a Member of Parliament, and if that is not happening, that is a lacuna in the service the Government are providing, so I assure him that I will take that up.
The hon. Gentleman started by saying that he was not satisfied. I so look forward to the day when an SNP Member stands up and says he is satisfied about anything of any kind whatever. He conjured up this fascinating image of my being dragged kicking and screaming. I have to confess that since my earliest infant years I have not been one of the greatest kickers or screamers in any circumstances. [Interruption.] The right hon. Member for Walsall South (Valerie Vaz) says I am now, but no, no kicking, no screaming; just listening and seeing how things can be done and working out a system that ensures we have a physical Parliament that can get through the Government’s busy legislative programme. We now have three Public Bill Committees up and running, and we will have four. That is very important and it is why we had to come back physically, while recognising that circumstances require some Members to be absent from this House.
The hon. Member for Edinburgh East (Tommy Sheppard) sort of made my point for me, because he asked for an overarching debate on the coronavirus. He has clearly forgotten that we had one lasting two days when we had a virtual Parliament. Clearly, what went on in the virtual Parliament was so unsatisfactory that it has passed from people’s memory.
Mr Speaker
Just to help, I ask Members to speed up questions and answers, because we are going to run this until about midday.
Sir David Amess (Southend West) (Con)
Will my right hon. Friend find time for a debate on Sessional Orders, which determine how close to this building demonstrations can take place? Over the weekend, Winston Churchill’s statue was desecrated, a flag was burned at the Cenotaph and two wicked people threw bikes at horses. Parliament needs to act.
Mr Rees-Mogg
My right hon. Friend the Home Secretary has been quite clear about these criminal acts, which are entirely unjustifiable. We are lucky in our police who, according to Sir Robert Peel’s principles of policing, police with consent. It is absolutely right that peaceful protest should be allowed. That is part of a democratic system, but people have to obey the law. That is incumbent upon all of us, but my hon. Friend will know that to ensure access to Parliament, discretion is given to constables by the Commissioner of Police of the Metropolis under section 52 of the Metropolitan Police Act 1839 to
“disperse all assemblies and processions of persons causing or likely to cause obstructions or disorder on any day on which Parliament is sitting”.
In the past, both Houses passed Sessional Orders at the beginning of each Session, but the effectiveness of that is a matter of debate, and something where I think you and I do not necessarily share the same opinion, Mr Speaker.
Ian Mearns (Gateshead) (Lab)
Mr Speaker, we have something in common, because you share your birthday with the Duke of Edinburgh, and I share my birthday with Her Majesty the Queen, so we are a match made in heaven.
We anticipate an allocation of time in early July for debates on departmental estimates. I remind Members on both sides of the House that applications for those debate days should be submitted to the Backbench Business Committee by a week tomorrow—19 June.
The tap has been turned on: we have an allocation of time for a Backbench business debate next Thursday on the important issue of coronavirus and its impact on black and minority ethnic communities. However, there is other business that day, and there could be urgent questions or statements, so would the Leader of the House please look at providing a measure of protected time for that debate? It is an important subject, and it would be dreadful if the debate was foreshortened by other business that came up on the day.
Can we arrange a better flow of information from Government sources to local health public health officials about the results of covid-19 tests? Quite often, local public health officials are in the dark as to the whereabouts of someone in their locality who has tested positive through the national testing system, so could we have a better flow of information to local public health officials? That is vital.
Lastly, in his response to the shadow Leader of the House, the Leader of the House did not mention the recess dates. If there is to be a change, Members on both sides of the House would welcome knowing about it sooner rather than later.
Mr Rees-Mogg
I congratulate my hon. Friend on his noble efforts on behalf of charity. I am not going to follow his example, but people are doing wonderful things to raise money for charities across the country in these difficult, unprecedented circumstances. That is why the Government have provided a package of support, so that charities can help vulnerable people who need it most. We have spent up to £750 million of taxpayers’ money for frontline charities, including hospices and those supporting domestic abuse victims. On top of that, charities can benefit from the coronavirus job retention scheme and the coronavirus business interruption loan schemes, but he shows that charities actually do best because of individual effort by committed people of good will, and he is leading by example.
Mr Speaker
In order to allow the safe exit of Members participating in this item of business and the safe arrival of those participating in the next, I am now going to suspend the House for three minutes.
Proceedings during the Pandemic
Lindsay Hoyle Excerpts(4 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Speaker
Order. That concludes the debate and I am required to put the Question, but I have a short statement to make. As I said in my letter to colleagues last week, the House simply cannot conduct Divisions safely via the Lobbies. Any suggestion to the contrary, from whatever quarter, directly contradicts the best professional advice from Public Health England. The House is faced with a choice before it and must decide on it because the House has chosen to allow the remote Divisions and temporary orders to lapse. The Government alone control the Order Paper. If the House agrees to the motion as it stands, the voting method being used today will continue in use because it is the only method that is compatible both with the requirements set by the Government in their motion and with public health requirements.
I now call Karen Bradley to move the first selected amendment formally.
Amendment proposed: (d), leave out from “rescinded” to end and add:
“and:
(a) That the following order (Conduct of divisions) be made and have effect either until the Speaker states that the ordinary conduct of divisions and deferred divisions is consistent with relevant public health guidance and advice and with the legal duties of the House of Commons Commission and the Corporate Officer, or until the House otherwise orders:
Conduct of divisions
(1) Standing Orders Nos. 38, 40 and 41A (save as provided for in the temporary order of 22 April (Conduct of remote divisions)) shall not have effect;
(2) If the opinion of the Speaker or the chair as to the decision of a question is challenged, they shall direct that a remote division or, as the case may be, a remote deferred division, take place;
(3) Paragraph 1 and paragraphs 3 to 9 of the temporary order of 22 April (Conduct of remote divisions) shall have effect, and
and
(b) That the following order (Participation in proceedings) be made and have effect from the hour the House sits tomorrow until 7 July 2020:
Participation in proceedings
(1) The Speaker may limit the number of Members present in the Chamber at any one time.
(2) Standing Order No. 7 (Seats not to be taken before prayers), No. 8 (Seats secured at prayers) and Nos. Standing Orders Nos. 83J to 83X shall not have effect.
(3) The provisions of Standing Orders No. 6 (Time for taking the oath), No. 23 (Motions for leave to bring in bills etc), No. 57 (Presentation and first reading of public bills) and No. 154 (Time and manner of presenting petitions) shall have effect so far as the Speaker determines them to be consistent with the relevant public health guidance; and the Speaker may order the practice of the House in respect of those orders to be varied to ensure compliance with the relevant guidance.
(4) Standing Order No. 24 (1) (Emergency debates) shall have effect with the omission of the words “the assent of not fewer than forty Members who shall thereupon rise in their places to support the motion, or, if fewer than forty Members and not fewer than ten shall thereupon rise in their places.”.—(Karen Bradley.)
Mr Speaker
I am about to put the Question, That amendment (d) be made. My expectation is that this will give rise to a Division. When I have put the Question, if my decision is challenged, I will announce that the Division period has started. All hon. Members other than the Front Benchers and Tellers should leave the Chamber by the doors behind the Chair. I will not give the instruction to lock the doors earlier than 28 minutes after I call the Division.
Once the Division period has started, I will put the Question again almost immediately thereafter and name the Tellers. I ask a Teller from each side to inform me who is telling for this Division and then to position themselves in the Officials Box and the Under Gallery, but I have now got the names.
The process whereby Members state their names and say “Aye” or “No” at the relevant Dispatch Box is a proceeding and, like swearing in, will be broadcast. Members should not say anything else, and Members near the front of the queue should be aware that what they say may be picked up on the microphones.
I will not allow points of order to be raised while the voting and counting is in progress, as they will delay the Division. When a Division is complete, I will ask one of the Tellers from the winning side to announce the result from the ministerial Dispatch Box. If the second Division is expected immediately after the first, I will suspend the House for five minutes. Finally, I urge all hon. Members to be patient during the process and, in particular, to observe the requirements of social distancing.
Question put, That the amendment be made.
Conduct of Business After the Whitsun Recess
Lindsay Hoyle Excerpts(4 years, 6 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Leader of the House of Commons (Mr Jacob Rees-Mogg)
Mr Speaker, may I first recognise your commitment to ensuring that the House operates as fully as it can while adhering to guidance from Public Health England? Your dedication and that of the House Clerks and digital team has been instrumental in establishing the hybrid proceedings that allowed us to return after Easter but as you have always agreed, the present arrangements were only ever envisaged as temporary, because they fundamentally restrict the House’s ability to perform its functions fully. Complaints about our debates becoming stilted, scripted affairs are one thing, but the impact on legislative scrutiny is another.
Under the hybrid proceedings, the time this House is able to spend debating legislation faces being cut by around two thirds. I am sure all Members will agree that each and every one of the 36 Bills put forward by the Government in the Queen’s Speech deserves the proper level of scrutiny. We have to recognise that if we persist with the present arrangements, it will become harder to make progress in a timely fashion. That is why, in line with Government advice for those who cannot do their jobs from home, I am asking Members to return to their place of work after Whitsun.
We will not be returning to the crowded, bustling Chamber of old. We will be observing social distancing. As a member of the House of Commons Commission, I was reassured yesterday by the progress being made in making the parliamentary estate a covid-19 secure workplace. That work has been expertly led by Marianne Cwynarski, the head of governance and central services, and I particularly commend her for her efforts in ensuring that staff already coming in to work in the Palace have the support they need.
Only yesterday, Mr Speaker, you organised the test of a new system for Divisions that will ensure Members can vote while remaining 6 feet apart. We will minimise the number of other passholders on the estate, strongly encouraging MPs’ staff and others to continue working from home. We will continue to work closely together in consultation with Members across the House, not least the Select Committee on Procedure, on the appropriate next steps.
We will need to understand from the House authorities where adaptations can be implemented, as the Procedure Committee itself acknowledges is key, without prejudice to the House’s ability to carry out its business effectively. At the same time, we will want to ensure that any steps taken are in line with the Government’s advice to the country at large.
I will consider the Procedure Committee’s views very carefully and keep these issues under review, but I would finally like to reassure those Members with underlying health conditions who have been told to shield or are receiving specific Government advice about their health that we are working with the House authorities to see how they can continue to contribute to proceedings within the House.
Mr Speaker
I will now call Alistair Carmichael, who is asked to speak for no more than two minutes.
Mr Carmichael
Thank you for allowing this urgent question, Mr Speaker. I do not want this debate today to be all about Members of Parliament. Let us remember what has brought us to this point. Yesterday, the number of recorded deaths from covid-19 reached 35,341—a rise of 545 from the day before. Today, the Government’s response to that is to insist that Members of Parliament should undertake non-essential journeys—in my case, that is almost the entire length of this country—to stay in second homes. When that was done by leading Government advisers, it led to their resignation. If ever there was a case of do as I say and not as I do, then this is it.
None of us is blind to the inadequacies of online scrutiny. Like many Members I find it stilted and artificial, but if it is a choice between that, and putting the safety of Members, their families and the staff of the House at risk, that is no choice at all. This system should end only when it is safe to do so—and safe for all Members, not just those who live within driving distance of Westminster.
As trade union representatives explained to the Commission yesterday, the House of Commons is supported by approximately 3,000 employees. Is the Leader of the House really satisfied that we can bring MPs back from 2 June while discharging our duty of care towards those staff? How many staff will be able to return to work without risk to themselves or those with whom they live?
It is widely reported that the motivation for this over-hasty return is to get a support pack behind the Prime Minister on Wednesday afternoons. Today, it has even been reported that yesterday, the Leader of the House suggested to the Commons Commission that to get more MPs in, perspex screens should be installed between the Benches and between Members—someone has obviously told him how things are being done in Tesco these days. In recent weeks we have demonstrated that the business of this House can be done from behind a screen, as we do right now, but it is from behind a computer screen, not a screen of perspex, the only purpose of which would be to shield the Government from scrutiny and the Prime Minister from ridicule. The Leader of the House must think again.
Mr Rees-Mogg
We are listening to the representations that people are making about the difficulties that they face with regard to attending the House. The Procedure Committee has looked at a number of these issues and written to you, Mr Speaker, about the return to physical proceedings, and I have had representations from a number of Members.
The reality is that Parliament is most effective when it meets physically. The hybrid parliamentary proceedings have allowed only a small proportion of Parliament’s functionality to take place. As we have seen in this sitting, with Members being cut off, the hybrid proceedings have limited Members’ ability to represent their constituencies across the country. What we will do is to return physically in a way that is advised, and properly orchestrated and organised, in accordance with the recommendations from the Government and, indeed, from the House of Commons authorities.
Gavin Robinson (Belfast East) (DUP)[V]
I am grateful to be called in this urgent question. I am thankful to the Leader of the House, because I know that he recognises that we all have an equal duty to represent our constituents, but the travel to and from Westminster is not equal for us all. Indeed, taking a plane from Belfast is not as socially distant as we would like. I ask the Leader of the House to consider the issue that will be most vexatious and difficult to solve, which is voting. I ask him whether remote voting can continue, given that the ability to travel between Westminster and Northern Ireland is severely constrained, with less than two planes per day from Northern Ireland to London when ordinarily there would have been more than 20.
Mr Rees-Mogg
The issue with voting, as you have made clear, Mr Speaker, is that we can run one system or the other. The two systems are not compatible. We are looking to have a physical return of the House, and therefore to have physical voting. I think that is an important way of getting back to being a normal Parliament, with all the benefits that come from having physical voting.
Mr Speaker
We will now try to reconnect Karen Bradley, Chair of the Procedure Committee.
Karen Bradley (Staffordshire Moorlands) (Con) [V]
Thank you, Mr Speaker; I am audio only, I am afraid. I thank my right hon. Friend for his answer. I firmly believe, as Chair of the Procedure Committee, that the House should be allowed to have its say on these changes. It is important that an opportunity is provided for the House to do that.
Will the Leader of the House reflect on the resolution that the House passed on 21 April, which stays in place while Public Health England advice remains, and which allows for both virtual participation and parity of treatment for all Members? Is the Leader of the House intending to amend or rescind that resolution, or does he believe that it no longer applies?
Mr Rees-Mogg
I will continue, as will others across the House, to listen to and reflect on the views of hon. and right hon. Members from across the House. Yesterday afternoon, the Procedure Committee wrote to me and the Speaker to set out its views on how we should return to physical proceedings. I welcomed the opportunity for further discussions with the Committee on Monday, and I am grateful for its work. I have also had representations from many other Members. This is a work in progress to finalise the details. Any changes in our procedures will need to be made by a motion in this House, and those cannot be made until the House meets again, so the assumption must be that we continue as we usually continue until such time as, or if, anything changes.
Steven Bonnar (Coatbridge, Chryston and Bellshill) (SNP) [V]
Thank you, Mr Speaker. Across Scotland, we are dissuading people from travelling large distances, for fear of spreading the virus further and overloading rural communities. Does the Leader of the House understand that there are real concerns, beyond threatening the safety of MPs, that by removing votes unless we are physically present and insisting we return to that place we will undoubtedly undermine the public safety message, which has been key to preventing covid from spreading even more widely in our communities?
Business of the House
Lindsay Hoyle Excerpts(4 years, 6 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Speaker
I will now call the Leader of the House to make a business statement, which I will run until 1.20 pm.
Mr Rees-Mogg
My hon. Friend makes an important point. I know that my right hon. Friend the Secretary of State for Digital, Culture, Media and Sport has written to the BBC asking for an explanation of that “Panorama” programme, which seemed to have Communists in the background giving advice on how the programme was structured. I did not realise there were any Communists left in this country, but the BBC managed to dredge them up. He is absolutely right to ask for a for a debate—[Interruption.] The right hon. Member for Walsall South (Valerie Vaz) heckles, Mr Speaker. It is so unlike her; she is normally so ladylike and does not heckle. I would say that yes, it is a free country, but the BBC is obliged to be impartial. It has charter obligations. The issue regarding debates is that when the House is back in real form, there will be more opportunity and more time for debates, which I hope will satisfy many hon. and right hon. Members.
Tommy Sheppard (Edinburgh East) (SNP) [V]
Let me take up where I left off 25 minutes ago. I have still not had an answer on whether the Leader of the House believes his proposals for Parliament’s return are compatible with the equalities legislation of the United Kingdom, and I would like him to comment on that matter. I also have two further points, Mr Speaker.
First, we are told that Public Health England will again inspect the building during recess and advise on whether and how business can be conducted safely. What happens if Public Health England says that that cannot happen? Do the Government then intend to override the public health advice given by their own agency? Would it not have been more sensible to make these decisions after rather than before determining whether they can be implemented safely, or is this a case of wishful thinking taking the place of evidence-based policy? If the advice is that the number of hon. Members must be restricted, on what basis will the Government determine who can attend and who cannot?
Finally, I turn to the question of remote voting. While everyone can see that online participation in debates is not ideal, although it is better than no participation at all, that is not the case with online voting. The process is simple and secure. This is not an abstract or theoretical question: the system is there. It works. Why on earth switch it off when there is no need to do so? It is accepted that voting cannot be the same as it used to be, with hon. Members crammed into Lobbies, queuing to give their name to a Clerk. I know that a physical vote has been trialled; indeed, I have seen the pictures, and I think once the public see how that is proposed, we will be in danger of exposing this Parliament to even greater ridicule. So why is the Leader prepared to go to any lengths, it seems, no matter how ridiculous, not to continue with the system that is already in place and that works?
Business of the House
Lindsay Hoyle Excerpts(4 years, 6 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Rees-Mogg
I said yesterday—carefully—that I did not expect to bring forward further virtual Parliament motions. It is important not to forget the word “expect”, because things could change. However, the current expectation is that we will be back physically after the Whitsun recess. I note my hon. Friend’s point on Government statements, which is, of course, in full accord with the ministerial code.
Jim Shannon (Strangford) (DUP) [V]
Thanks to you and all your staff, Mr Speaker, for what you do to make these sittings happen.
May I ask the Leader of the House to outline the proceedings on the Northern Ireland abortion legislation, which was pulled from the schedule for debate this week? Ever mindful of the legal opinion of the Attorney General for Northern Ireland, will he further undertake to press the Secretary of State for Northern Ireland to allow the legislation to be debated in its proper home and proper place—the existing, functioning Northern Ireland Assembly?
Hybrid Proceedings (Extension of Temporary Orders)
Lindsay Hoyle Excerpts(4 years, 6 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Speaker
I have not selected the amendment.
I call the Leader of the House, who is asked to speak for no more than five minutes.
Mr Rees-Mogg
No, I am not allowed to give way under the current arrangements.
Debates are inevitably stilted and time is restricted by the understandable limits of the technology—although the people operating the technology have done a truly fantastic job in getting us to where we are. [Hon. Members: “Hear, hear!”] I know that the feeling is shared across the House. All these factors restrict our ability to conduct effective scrutiny and to pass the volume of legislation required by the Government. I therefore think it essential that we move back to physical ways of working as quickly as possible.
I understand that some Members have concerns about how long we keep these measures in place, and that is why it is so important that we agree only a short extension. It is essential that we move back to physical proceedings as soon as practicable in order that this House can do what it does best: the cut and thrust of debate and the flexibility to hold the Government to account and to legislate on behalf of the people of the United Kingdom.
Mr Speaker
I call the shadow Leader of the House, who is asked to speak for no more than 5 minutes.
Valerie Vaz (Walsall South) (Lab) [V]
May I thank the Leader of the House for setting out the Government’s position? The motion before the House today will mean that the temporary orders of 21 and 22 April have effect until 20 May, which is until we rise for the Whitsun recess. The hybrid scrutiny proceedings, the questions, statements and urgent questions, the substantive proceedings which apply to legislation and the remote voting, which was tested earlier, will continue to operate for what is effectively a week and a day.
The hybrid proceedings in the House seem to have progressed. I know that right hon. and hon. Members are becoming expert at talking to themselves, effectively. As the Leader said earlier, there are no interventions. We have had a vote, and I want to place on record my thanks to the Procedure Committee, which published its report on 8 May. It has informed the process, and I will pick out a couple of points it made. It was satisfied with the “robustness and security” of the system and the safeguards in place to allow you, Mr Speaker, to intervene where you felt there was cause for concern. In all the practice sessions, I have voted successfully. I voted, was informed that I had voted and received a text to that effect.
These are temporary orders. We want to be here in Parliament, but we want to make sure that everyone is safe. Many Members are finding it frustrating that they cannot ask supplementary questions or even intervene, and there is no scope for debate. The essence of parliamentary debate is the fact that we are listening to each other and can take part in those debates. Similarly with Back-Bench debates and Adjournment debates, we find it difficult to raise issues on behalf of our constituents, but the orders are only until 20 May.
In any event, it should not take a crisis such as this pandemic to make sure that we reform ourselves, and I hope some of the new procedures that have been brought into effect might be carried over. I place on record the remarkable feat that has been undertaken by the Clerks, the staff of the House, the broadcasting unit and the digital services all working together. If they were producing a car, that car would have gone from zero to 100 mph in about five seconds. It has been absolutely amazing. Mr Speaker, you have ensured that that has all progressed. The Opposition are grateful to all those people. It showed that Parliament could continue and safely, so Her Majesty’s Opposition support the motion.
Mr Speaker
I call Karen Bradley, Chair of the Procedure Committee, who is asked to speak for no more than three minutes.
Tommy Sheppard (Edinburgh East) (SNP) [V]
I begin by acknowledging the efforts of our staff in digital services and elsewhere. They have worked tirelessly—[Inaudible.] But let us not pretend that these things are ideal, or that we have made the fullest use of the technology available to us.
As I have said before—[Inaudible]—this gives Parliament the opportunity for Members to join remotely, if they can. The entire enterprise is centred on a meeting in the House of Commons Chamber, which means that whether we like it or not there is a division between those who are present and those who are not. This creates two classes of Members and it disadvantages those who join remotely. This is, of course, compounded by the fact that the final link in the digital chain is a domestic broadband connection that often fails, leaving Members unable to participate fully or at all. The way around this would be to take proceedings wholly online and to have a virtual meeting, as has happened in many other legislatures, including the national Parliament in Scotland. This creates a level playing field with everyone getting the same access, so I cannot understand why there is such resistance even to trying it on a pilot basis while we have the technology in situ.
The fact that things are not working as well as they might should provide an impetus for improvement, innovation and development. Sadly, though, there are some who experience schadenfreude at the imperfections of the current system. Their conclusion is to abandon it altogether. The constant insistence that these measures are only temporary and the hankering after getting back to how things used to be undermine the efforts of those who are trying to live in the 21st century.
I, too, hope that the public health emergency is temporary, but I want to see what part of these necessary arrangements can be used to improve our procedures in the long term. One of these is the process of voting. It seems that we have now perfected the technology to allow Members to vote in a manner that is safe, simple and secure, yet there are those who insist that we must be allowed to vote in the way that they always have, by queueing in a Lobby corridor and manually being counted by a Clerk. They want to do this no matter if it puts themselves, their colleagues and their staff at unnecessary risk. They think they are defending the right to vote, but in fact they are making a fetish out of a 19th century tradition rather than a democratic principle.
I say let us look at this through the other end of the telescope. If electronic voting works, why can it not be available to Members even when the emergency is over? Providing they sign in to the Estate, why not vote from their offices? Why not group votes together at the end of a session, making it quicker so that MPs have more time to discuss their constituents’ concerns rather than idling in corridors.
We should also change how we hold the Government to account. Today, our business comprises two statements, one urgent question and one debate, but all about the same thing. This is the way things used to be: different Departments doing different things, a multitude of concerns and each with their allotted slot. But everything has now changed. Now there is only one issue. All Departments are focused on the pandemic. Everything we do and say from now is conditioned by that reality, and it is time that we had a more ambitious approach to reforming how we discuss these things.
Finally, I note that we are being asked to agree this extension for one week, and I see later on the Order Paper that the Government intend to go ahead with the Whitsun recess. I ask the Government to consider the wisdom of this and how it will look to the public. If Ministers are encouraging people to go back to work, is this really the best time for MPs to have a holiday?
Mr Speaker
I remind Members that we have a lot of staff here who have been working under a lot of pressure, and that we should take them into consideration when we make statements.
Debate interrupted.
Hybrid Proceedings (Extension of Temporary Orders)
Lindsay Hoyle Excerpts(4 years, 6 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Speaker
The time limit for speeches is three minutes. I advise hon. Members who are speaking virtually to have a timing device visible.
Mr William Wragg (Hazel Grove) (Con)
I do not take personally at all the fact that my amendment was not selected for debate; I appreciate that I might well need to choose a better modal verb if I am to resubmit it for any future motion.
A rumour is going around that I have been somewhat grumpy over these proceedings. I try my best to cheer people as I go around this place, but sometimes I fail, given the challenges I meet from some Members at least. However, I fully acknowledge the hard work and effort that has gone on—the Herculean effort—to ensure that at least some form of scrutiny and good work can continue in this House. That said, I am afraid that a virtual Parliament is, in comparison with normal times, virtually nothing. We should not be blinded by the technology as an end in itself.
I have made many a poor speech in this Chamber. Perhaps the one I am giving briefly this afternoon will rank among the worst, but at least it has been elevated by the surroundings in which we find ourselves, rather than being part of a series of disjointed monologues given in front of bad curtains. That is the image of Parliament being created today.
It is necessary for us to lead by example and return to our place of work. Many of our constituents are also anxious to do so, even with adaptations in their workplaces. I think of my father, a Hotpoint engineer, who has spent his time going around houses fixing washing machines, getting on with it quietly. It is a nonsense to assume that we can conduct our affairs sat in our living rooms. It is an insult to the public.
I know that certain procedural matters may be inconvenient to deal with at the moment, given these temporary Standing Orders, and I am not necessarily going to test them to their limits this afternoon, Mr Speaker, and leave you in an invidious position. I welcome what the Leader of the House has said. We must return at the pace—indeed, ahead of it, perhaps—that we expect of the rest of the country. But let us not delude ourselves into thinking that these provisions have in any way allowed us to scrutinise Government enough. Think about who welcomed them: those who wish to diminish the Westminster Parliament, as we have seen from some contributions so far, and, just perhaps, Ministers who quite enjoy a lack of scrutiny.
Mr Speaker
I call the Leader of the House to wind up the debate for the Government and request that his speech is no longer than two minutes.
Mr Rees-Mogg
I am grateful for the support that this motion has and grateful to the shadow Leader of the House and the Chairman of the Procedure Committee for all they have done in helping us to ensure that this has worked. The hon. Member for Edinburgh East (Tommy Sheppard) made slightly the wrong point, because he said that we should be entirely virtual, and it became harder and harder to hear him as he said so. That is one of the reasons we need to come back, because the last bit of private wire may be the bit that cuts people off in their prime, and therefore being back would be advantageous.
The hon. Member for Ogmore (Chris Elmore) made some important points. I am always happy to speak to the Procedure Committee and have a discussion on how we look to do this. I will make one really important point, which is that there is a fundamental, absolute right of Members to attend this House. It dates back to 1340, and it is improper for anybody to molest any Member coming to this House. Regardless of any rules that there may be, the right to attend this House is a constitutional principle of which we should remind all Members. If we are back physically after the Whitsun recess, there should be no question of any Member being stopped from coming by any authority outside Parliament.
Our coming back will be based on advice from Public Health England and will maintain social distancing. Mr Speaker is working on how we will have Divisions under these circumstances, but I agree with those Members who have said that we have to lead by example. The rest of the country is being asked to go back to work where it cannot do so from home. That is clearly a position that we are in, and we must be alongside the whole of the rest of the country, as long as it is safe so to do.
Mr Speaker
I announced to the House earlier this afternoon my provisional determination that a remote Division would not take place on this motion. I am aware of some opposition to the motion, but I am not satisfied that the demand is sufficient to warrant a remote Division today. I say that bearing in mind that the House will return to this matter next week. My determination that the Question will be decided without a remote Division is final. I will collect voices in the usual way, but the voices will not and cannot trigger a remote Division. Reliance on the voices alone will not be considered with the principle of parity of participation. That is made clear in the new guidance issued to Members today, in which Members are asked to make submissions to my office in advance on whether it is necessary to hold a Division on the Question designated for remote Division.
Question put and agreed to.
Standards
Lindsay Hoyle Excerpts(4 years, 6 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Leader of the House of Commons (Mr Jacob Rees-Mogg)
I beg to move,
That this House–
(1) approves the Fourth Report of the Committee on Standards (HC 212);
(2) endorses the recommendations in paragraphs 36 and 37; and
(3) accordingly suspends Conor Burns from the service of the House for a period of seven days, beginning on Tuesday 12 May.
Today’s motion follows the publication of the Committee on Standards’ fourth report of this Session on the conduct of my right hon. Friend the Member for Bournemouth West (Conor Burns). The report was agreed by the Standards Committee following a comprehensive process of investigation and consideration, and was published on Monday 4 May. The Government have sought to schedule a debate as quickly as possible, as is the usual practice.
The matter before us today has been investigated by the Parliamentary Commissioner for Standards and now reported on by the Committee on Standards. I thank the commissioner, Kathryn Stone, for her work, and the members of the Committee for producing this report. In particular, I pay tribute to the hon. Member for Stretford and Urmston (Kate Green) for her service as Chairman of the Committee on Standards over nearly two years, which she has done with distinction. I also congratulate the hon. Member for Rhondda (Chris Bryant) on his appointment as the new Chairman. He is a great understander of Parliament and author of books on Parliament, and will, I think, do the job with considerable skill.
It is always regrettable when a motion such as this is before the House, and it is not a duty that I, as Leader of the House, take any pleasure in. However, the Committee has found against my right hon. Friend the Member for Bournemouth West. This motion approves the Committee’s report and proposes that my right hon. Friend be suspended from the service of the House for seven days and that he should apologise in writing to the House and to the complainant, as I understand he has already done.
I would like to record my thanks to my right hon. Friend for his service to Her Majesty’s Government and for the steps he has taken throughout his career to drive and maintain the UK’s interests overseas. I have no doubt that he will continue to add value to this Government and to his constituents in Bournemouth West from the Back Benches.
I conclude by reiterating my thanks to the Parliament Commissioner for Standards and to the Committee on Standards for their work. I commend this motion to the House.
Mr Speaker
I now call the shadow Leader of the House, Valerie Vaz, who is asked to speak for no more than five minutes.
Valerie Vaz (Walsall South) (Lab) [V]
I thank the Leader of the House for moving the motion. I, too, welcome the new Chair of the Standards Committee, my hon. Friend the Member for Rhondda (Chris Bryant).
I agree with the Leader of the House’s statement on the right hon. Member for Bournemouth West (Conor Burns). A Back Bencher at the time of the incident, the right hon. Member has accepted that he made a rash and inappropriate action, for which he has paid a price, in the middle of trade negotiations. He has been asked to apologise in writing to the House for his breaches of the code of conduct by way of a letter to you, Mr Speaker, and to the complainant. He has agreed to that, and I understand from the Leader of the House that he has already done so. In those circumstances, I agree with the statement made by the Leader of the House.
Mr Speaker
I also thank the previous Chair of the Standards Committee for the way in which she has conducted that role over the past two years, and welcome the new Chair, Mr Chris Bryant, who is asked to speak for no more than five minutes.
Chris Bryant (Rhondda) (Lab)
Thank you very much, Mr Speaker. I, too, pay tribute to my hon. Friend the Member for Stretford and Urmston (Kate Green), who has been a magnificent Chair of the Standards Committee for several years. Whether I am able to fill her shoes, others will be able to determine, not I.
I am enormously grateful to the Leader of the House for being able to bring forward this motion as soon as possible. I should point out, though, that I was not involved in preparing this report nor in hearing any of the evidence; it was the previous Committee that came to its set of conclusions. Consequently, I am, in the main, merely going to reiterate the points that have already been made, but in the words of the report itself. The Committee concluded:
“Like the Commissioner, we are persuaded by the evidence that”
the right hon. Member for Bournemouth West (Conor Burns)
“used his parliamentary position in an attempt to intimidate a member of the public into doing as”
the right hon. Member
“wished in a dispute relating to purely private family interests which had no connection with”
the right hon. Member’s
“parliamentary duties.”
Consequently, the Committee recommended that the right hon. Member for Bournemouth West
“should be suspended from the service of the House for seven days. This penalty reflects our view that the abuse of privilege for personal or family gain cannot be viewed as anything but a serious failure to uphold the values and principles of the House of Commons Code of Conduct”.
As the Leader of the House said, the Committee also recommended that the right hon. Member
“should apologise in writing to the House for his breaches of the Code of Conduct by way of a letter to”
you,
“Mr Speaker, and that he should apologise in writing to the complainant as the injured party.”
I have seen copies of both of those letters, as indeed I think you have, Mr Speaker, and I am sure the Committee will be satisfied with the way the right hon. Member for Bournemouth West has fulfilled those obligations.
As the Leader of the House said, it is of course entirely regrettable when such moments occur, but it is important that the House can uphold its code of conduct and take action when it thinks it necessary. I am entirely convinced that the report produced by the Committee and the Commissioner is fully in line with the highest standards that the House would expect of the Committee.
Mr Speaker
I can confirm that I have received the letter. I call the Leader of the House to reply to the debate for no more than five minutes.