Select Committee Effectiveness, Resources and Powers

Lord Lansley Excerpts

Thursday 31st January 2013 Commons Chamber

[The Leader of the House of Commons (Mr Andrew Lansley)]

I join the shadow Leader of the House in congratulating my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith) on securing this debate, and I thank our colleagues, the Chairs of a number of Select Committees, for attending and contributing to the debate. It is good to see them here.

I shall, of course, want to respond to the Liaison Committee. The House will recall and members of the Liaison Committee will be aware that I did so on behalf of the Government in my letter of 14 January, which was published on 24 January. I will not attempt to rehearse or reiterate all the points that were made there. One recommendation was specifically aimed at the Government, and I shall refer to it later, but there are other important issues in the report that I want to touch on.

The hon. Member for Wallasey (Ms Eagle) raised a number of other issues that were not necessarily the subject of the Liaison Committee’s report. I shall seek to respond to some of them, perhaps in next week’s business questions. It may be useful for me to recall precisely what proportion of Bills in this Session have been published in draft and subjected to scrutiny. I believe that the number would considerably exceed that in Parliaments under the previous Government.

The hon. Lady is quite right to say that we are looking for more pre-legislative scrutiny. I recently gave evidence to the Political and Constitutional Reform Committee, and specifically touched on the mechanisms available for formal scrutiny, public reading stages, and evidence taking in Select Committees and Public Bill Committees. I think we should be flexible rather than being rigid and adopting a one-size-fits-all approach. The hon. Lady is only too aware—as, I know, are other Members—of the exigencies of government, and the requirement for legislation sometimes to be introduced without all those mechanisms necessarily being appropriate or available.

The background to this debate is the fact that the House now has far more power to hold the Executive to account than it has had in the past. In the last Parliament, it would not have been possible for the Liaison Committee to table a substantive motion for debate unless the Government had agreed to it and allocated time for it to be debated. The establishment of the Backbench Business Committee—it is good to see its Chair, the hon. Member for North East Derbyshire (Natascha Engel), in her place—gave Back Benchers the power to table substantive motions. That is a significant departure from the Executive control of the agenda that we saw in the last Parliament, and one that is greatly to be welcomed.

The motion welcomes the positive impact of recent reforms, particularly the election of Committee Chairs and members, on the effectiveness and authority of Select Committees. I agree with that. I think that the changes we have seen during this Parliament are some of the most significant since the introduction of the departmental Select Committee system in 1979. I pay tribute not least to my predecessor, my right hon. Friend the Member for North West Hampshire (Sir George Young)—who is now the Patronage Secretary—for his work in implementing reforms in the House, and for much else besides.

The motion also deals with two specific issues to which I wish to refer, but before I do so, let me comment on the Liaison Committee’s observation that it considers the Government’s response to be positive in tone. I am glad of that: it was intended to be positive in tone, and I hope that our further discussions will be as well.

One of those two specific issues is the procedure for Committee report launches on the Floor of the House. I look forward, along with the Committee, to agreement being reached on a procedure that will help to provide a proper structure for Select Committee report launches. I should make it clear that our preference is that the choice of reports to be launched rests with the Backbench Business Committee, rather than with Mr Speaker, as was suggested by the Liaison Committee. That would be in line with the recommendations of the Procedure Committee’s report on the work of the Backbench Business Committee. I know from my own observation of the Backbench Business Committee’s work in just the last few months that it is extremely well placed to interpret and judge, on behalf of the House, the relative priorities that Members—but not necessarily the Government—would attach to opportunities for short debates on substantive motions relating to Select Committee reports.

[Natascha Engel (North East Derbyshire) (Lab)]

One of the main issues involved in the launches of Select Committee reports is timing. As it is the Government who allocate time to the Backbench Business Committee, it is not always possible for Select Committee Chairs to launch their reports on the days that suit them best. It would be very helpful to us if the Leader of the House could commit himself to working more closely with the Backbench Business Committee to ensure that reports were launched on days that were convenient to the Chairs.

[Mr Lansley]

I hope the hon. Lady knows that we are constantly willing and able, whenever possible, to accommodate the requests of the Backbench Business Committee. This is the second time today she has asked me to extend to the Committee opportunities that are not often open even to heads of Departments who try to secure time for statements or debates on specific days. However, we will of course do all that we can.

That brings me to the second issue that I wanted to raise, that of substantive motions for debate in Westminster Hall. The Liaison Committee says that it is

“ready to explore whether the spirit of these proposals could be better approached in other ways”,

and I welcome that. I agree with the Committee that the 20 Thursday sittings allocated to it in Westminster Hall have not always been well attended. As my right hon. Friend the Member for Berwick-upon-Tweed will know, the debate on the Justice Committee’s report on its post-legislative scrutiny of the Freedom of Information Act finished before its allotted time. I find that surprising, given the extent of the interest in the administration of the Freedom of Information Act.

When I thought about the matter in preparation for this debate, I wondered whether we should at least try to look for a practical way of solving the problem. Noticeably, the Thursday Westminster Hall debates chosen by the Backbench Business Committee are often well attended, and I suspect that that Committee would be willing and able to schedule more debates in Westminster Hall if that time was available. If the Liaison Committee were to think about working with the Backbench Business Committee, perhaps even giving up some of its allocation of time in Westminster Hall, and if Chairs of Select Committees were, in parallel, more frequent bidders to the Backbench Business Committee for debates on Select Committee business on a substantive motion in this Chamber, we might find a solution that benefits both the Backbench Business Committee and the Liaison Committee, and, especially, the House as a whole. Such an approach might allow precious debating time in Westminster Hall to be used and allow the particular characteristics of a substantive motion in this House to be used; things might be optimised both ways.

[Natascha Engel]

I wish briefly to put it on the record that the Chair of the Backbench Business Committee is a member of the Liaison Committee. That membership facilitates exactly that kind of negotiation between the Chairs of the Select Committees and the Backbench Business Committee to ensure that where it is best to debate and vote on a report on the Floor of the House, we can do that. We are talking about time available to Back Benchers, and we can decide between ourselves how best to allocate it. We work very closely together on this.

[Mr Lansley]

I entirely understand that that is so, and I knew it to be the case. I would not wish the House to interpret what I am saying to mean that I want to interfere in any way in this matter. Having observed the situation, I simply think that there is an opportunity for that working together to take place. That flexibility is available and the two Committees might do that.

[Sir Alan Beith]

I entirely endorse what the Chairman of the Backbench Business Committee has said; we get on very well, we are able to negotiate and it is quite easy. It would not be ideal to give the Backbench Business Committee the job of judging between reports of Select Committees and then placing them in competition with debates that Back Benchers want because there is a big constituency interest. We must have a procedure that ensures that, either in Westminster Hall or in the House, some kind of priority can be attached to those matters where a Select Committee wishes to warn the House that something is going wrong in the system of government.

[Mr Lansley]

My right hon. Friend makes a perfectly fair point, but I am happy to see that informal work proceed. I do not think that at this moment we are talking about any requirement for a formal change in the procedure of the House. We are simply talking about the exercise of flexibility, which need not be at my behest in any sense; it might entirely be to best meet the needs of the Members of this House, be it as members of Select Committees, as constituency Members or in pursuit of their particular interests.

The recommendation of the Liaison Committee to have substantive motions in Westminster Hall has the potential to impact significantly on the procedures in this House, including possibly by disrupting the business on the Floor to take votes following debates in Westminster Hall. The proposition was made on the basis that debates on e-petitions in Westminster Hall take place on substantive motions. Such debates, which are being conducted on a pilot basis, actually take place on a motion with the formula “That this House has considered”; such a motion is not meant to be amended or divided upon. Should that happen in reality, the potential effects on procedure would be significant, and they have not been tested or evaluated. Changes of the significance suggested deserve far greater consideration of the possible consequences, and it may be that the Procedure Committee could consider those in a more general review of the types of business suitable to be taken in Westminster Hall.

Only one recommendation is specifically aimed at the Government, and it relates to a review of the relationship between Government and Select Committees, with the aim of producing joint guidelines. The Liaison Committee report said:

“We believe that the Government has not yet recognised the changed mood in the House and the strength of our resolve to achieve change.”

I would say in response that the Government have been responsible for the most significant transfer of powers for decades and I believe we can rightly be pleased with what we have achieved together. I understand the mood among Select Committee Chairs and in the House as a whole. and I hope that the Liaison Committee will accept my assurance that all the comments in our response were offered constructively with the aim of securing reform where it is necessary or improves the current situation for Members and in the eyes of the public.

There is a growing public and parliamentary interest in the accountability not only of Ministers but of civil servants. The civil service reform plan, published in June 2012, contained a number of recommendations on that accountability. The Government believe that the existing model of ministerial accountability is well established and should continue to underpin the effective workings of government. We know that we can sharpen that accountability for civil servants in a way that enables Select Committees to understand, invigilate and take views on the performance of Departments in relation to delivery, but I would not want that process to undermine the principle that Ministers are accountable for the policy and performance of their Departments.

As my right hon. Friend the Member for Berwick-upon-Tweed will know, the Government are reviewing the document known as the Osmotherly rules, which provides guidance for civil servants. As part of this review the Government will liaise with the Liaison Committee and the Constitution Committee in the other place. I look forward to the productive and constructive discussions between my right hon. Friend the Minister for the Cabinet Office and Paymaster General and representatives of the Liaison Committee. I recognise, of course, that plans are in place for former accounting officers to be held to account.

Before I finish, I entirely endorse what my right hon. Friend the Member for Berwick-upon-Tweed said about the description of Select Committees. They carry the authority of Parliament and are distinct from any other cross-party group or group of Members. I noted that the Education Committee was described this morning in the early bulletins as a “cross-party group of MPs” and the Transport Committee was called “a Committee of MPs”. Select Committees engage the authority of Parliament and I urge the media to recognise that as well as the distinctiveness of that authority.

I thoroughly commend the Liaison Committee’s recommendation to other Select Committees that the National Audit Office is available to support them in their scrutiny of the use of resources. Indeed, the NAO told the Public Accounts Commission that it supported that recommendation.

The work that has been done is a thorough and timely consideration of the work of Select Committees. In its follow-up report, the Liaison Committee emphasised the importance of focusing on impact rather than simply publishing reports and letting recommendations lie. That is clearly the right approach. Select Committees have greater authority and a responsibility to be the champions of good scrutiny. They have greater access to time and to debates in the Chamber and in Westminster Hall and we can continue to use those opportunities more effectively. On behalf of the Government, I look forward to working with the Liaison Committee and others to pursue the recommendations.