House of Commons Commission Bill

Lord Wallace of Saltaire Excerpts

Thursday 12th March 2015 Lords Chamber

Moved by

[Lord Wallace of Saltaire]

That the Bill be read a second time.

[Lord Wallace of Saltaire (LD)]

My Lords, this is a very short and tightly focused Bill, which may not detain the House for too long. The origins of the Bill lie in the announcement of the retirement of the previous Clerk of the House of Commons in April last year and the subsequent competition for his replacement. Your Lordships will be aware that the former clerk was introduced as a Member of this House in January, as the noble Lord, Lord Lisvane. I am sure that we will benefit from his parliamentary experience in the coming years.

As your Lordships may be aware, the process for appointing a new Clerk of the House of Commons was halted in September 2014, following reports that the post was to be offered to a candidate from the Australian Parliament. A Select Committee on House of Commons Governance was established in the other place with a remit to consider the governance of that House, including the future allocation of the responsibilities then exercised by the holder of the combined post of Clerk of the House and Chief Executive. The committee consisted of eight members from across the House of Commons and was chaired by the right honourable Jack Straw. It took a great deal of evidence from Members of that House, from staff, and from leaders in the public and private sectors. I think it is fair to say that at the outset there was a variety of views as to whether the administrative responsibilities of the Chief Executive should continue to be combined with the role of the Clerk of the House as chief constitutional adviser to the Speaker, and how any potential division of responsibilities would work.

The committee established to consider precisely these issues, and which itself represented a cross-section of views, came at the end to a unanimous view when it published its report on 17 December last year. The committee recommended that the two roles be split, with a new post of Director General of the House of Commons, reporting to the Clerk, to have responsibility for the administrative side of the role.

The committee made a number of recommendations relating to the governing structures of the other place, designed to facilitate a more inclusive and joined-up approach to the leadership and governance of that House. The committee’s report was fully debated in the other place on 22 January and a Motion was passed without a vote, agreeing to implement the recommendations in full. Many of these recommendations have already begun to be implemented, including the recruitment of a new Clerk of the House of Commons, which I understand is expected to be completed by the end of this month. The necessary changes to the Standing Orders of the House of Commons were agreed earlier this week, again without a vote.

A small number of the committee’s recommendations require legislative change, which is why we have this small Bill before us. Legislation is required because the governance of the other place, unlike that of your Lordships’ House, is subject to statute: namely the House of Commons (Administration) Act 1978, which established that House’s governing body, the House of Commons Commission. The Commission is chaired by the Speaker and currently consists of six members in total, including the Leader of the House, the shadow Leader and three Back-Bench members. It has specific responsibility for staff appointments, remuneration and pensions and otherwise is the ultimate decision-making body for the House of Commons as a whole.

I will briefly set out the content of this short Bill. It has three core provisions, all of which take the form of amendments to the 1978 Act and meet the recommendations of the Governance Committee. Clause 1 increases the number of Back-Bench members of the House of Commons Commission from three to four. That is designed to allow for a wider range of views across the House of Commons to be represented on the commission and to reduce the likelihood of the Government having a majority on the commission.

Clause 1 also provides that two external members and two officials be appointed, taking the overall membership to 11. The appointment of these additional members is designed to provide a wider perspective to support the commission’s work and to improve the quality of governance by providing a closer link between decision-making and implementation. As recommended by the Governance Committee, that will provide some continuity of membership between the commission and the body charged with implementing its decisions: a new Executive Committee, comprising senior officials of the House. This will replace the existing management board.

Clause 1(4) amends Section 1 of the House of Commons (Administration) Act 1978. New subsections (2A) and (2B) provide that the external members—like other members—will be appointed by resolution of the House and that they cannot come from Parliament itself. They must be genuinely external and recruited under fair and open competition.

New subsection (2C) specifies that the official members will be the Clerk and Director General of the House of Commons, when the latter is appointed later this year. The new post of Director General is not otherwise defined in statute, so the Bill provides, in new subsection (2C)(b), for the commission to appoint an alternative official if the post is vacant, the name changes, or the post ceases to exist. This allows the commission the freedom to change the name of the senior post at a future point without recourse to legislative change.

Clause 2 adds to the functions of the House of Commons Commission a specific requirement to set the strategic priorities and objectives for the services provided by the House departments. At present, this function is to some extent assumed by the commission, but it is not explicitly prescribed. In view of the existence of other internal committees in that House—the Finance and Services Committee and the Administration Committee, for example—it is important that roles and responsibilities are clearly set out. The precise way in which the commission carries out this function is not prescribed in the Bill, to allow the commission flexibility to decide the most appropriate way to discharge its responsibilities.

Clause 3 provides for commencement. The schedule makes a number of minor and consequential amendments. I can explain both in more detail at later stages should the House wish me to do so. I will just mention one amendment, in paragraph 6 of the schedule, which will allow the commission greater flexibility as to who will chair its meetings. Currently, this must be the Speaker unless the Speaker is absent. Under the revised Act, it will be possible for the commission to allow another of its members to chair a meeting that the Speaker attends. Again, that is in line with a recommendation of the Governance Committee.

As noble Lords will have gathered from my remarks, this is a modest Bill concerned with the governance of the other place. The Bill was introduced there on 4 February after full consultation with the chair of the Governance Committee and the House of Commons authorities. It was given full, if brief, consideration in that House on 24 February and passed without a vote.

By introducing the Bill, the Government are helping the House of Commons to deliver the improvements to its governance that it has unanimously agreed to. I hope that your Lordships will support the elected Chamber in this aim, and in its endeavour to ensure that these legislative changes can be made without delay to ensure that they can take effect as soon as possible in the new Parliament. I commend the Bill to the House and I beg to move.

--- Later in debate ---

[Lord Wallace of Saltaire]

My Lords, I thank noble Lords who have contributed to this brief debate. In reading through the Commons debates on this subject, I was struck by the extent to which the maintenance, restoration and refurbishment of the Palace of Westminster hangs over a great deal of what we are concerned with when we talk about efficient governance, management and co-ordination between the two Houses.

We have not discussed refurbishment sufficiently openly in our House. Those of us who have been down to the basement will know just how severe some of the problems of the Palace of Westminster are. Perhaps that is something on which whoever finds themselves concerned with the governance of this House after the election will wish to promote active discussion. I recognise that we have our own Leader’s Group, which will discuss a number of these issues.

The noble Lord, Lord Tyler, asked for a full bicameral review of the workings of Parliament. I am not sure that either the House of Commons or the House of Lords is quite ready for that. I have been struck in government by something I had deeply suspected in opposition—namely, that Commons Ministers take some time to understand the role of the House of Lords because nobody has ever really told them about it until they lose their first vote in the Lords, at which point they begin to understand that we cannot be entirely ignored.

As the noble Baroness said, we have made some progress in working more closely together and I am sure that we will continue down that road. Indeed, the whole issue of refurbishment will force us to move a lot further down that road. The other day I was interviewed about the future of the parliamentary archives, which is part of this set of issues. Some very large issues are raised there about the future of this entire estate and how we set in train a whole set of new decisions for the next 50 years or more.

We have recognised that the governance of the Commons is, with this Bill, moving forward in a useful and constructive manner, and that we will in turn discuss our own structures of governance in the Leader’s Group. I hope I may take this as a welcome by the House for this very modest Bill.

Bill read a second time and committed to a Committee of the Whole House.