Supply and Estimates Procedure

Michael Ellis Excerpts

Wednesday 20th July 2016 Westminster Hall

[The Deputy Leader of the House of Commons (Michael Ellis)]

Thank you very much indeed, Mr Evans. It is a particular pleasure to appear before you for my first debate as Deputy Leader of the House of Commons. I recall your visiting my constituency, Northampton North, some eight or nine years ago—I remain grateful for that.

It is a great pleasure to take part in this debate, and I take this opportunity to congratulate the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) on not only securing it, which is in itself an achievement in a busy legislative agenda, but also on her contribution. As she alluded to, this topic is not perhaps of interest to every Member, but it has become higher on the agenda of many, thanks in large part to her work and the work of her hon. Friends, which I recognise. She has, in her short time here, made a powerful impact on this area of procedure, and I commend her for that.

The Supply and estimates procedure is attracting attention across the House now and has done historically. It is important at the outset to outline, as has been recognised, that the Procedure Committee is currently conducting an inquiry on the subject. The fact that the inquiry is under way is a recognition that there are areas that need to be examined. Knowing as I do the members of that Committee—some quite well, and others by reputation—I have every confidence that the Committee will look thoroughly at the matter in hand. It has been and is still doing so. I am sure it would be recognised that nothing I say must prejudge that inquiry.

It is particularly relevant to point out that the Leader of the House has not yet given evidence before the Procedure Committee. The previous Leader of the House was scheduled to do so, and the matter was put back. The new Leader of the House, appointed in the past few days, is scheduled to give evidence before that Committee on this subject in the autumn. We have to be cognisant that nothing should prejudge the pending report of the Committee and the pending evidence of the Leader of the House.

It might be helpful to set out the procedure as it stands, which has received recognition and support for quite some time. Under Standing Order No. 54, three days are set aside per year for the consideration of estimates or requests from Select Committees. I have read some of the evidence that has been given and other submissions. Suggestions have been made that not all Members have chosen to take an interest in this matter historically and that something should be done to increase that interest.

[Pete Wishart (Perth and North Perthshire) (SNP)]

I am grateful to the Deputy Leader of the House for giving me the opportunity to congratulate him on his new position. I look forward to us doing business together in the next few months. The situation is worse than he says. The one thing we cannot, under existing circumstances, discuss on estimates days is the estimates themselves. I made a valiant attempt to do such a thing the last time we had the opportunity. I was ruled out of order within 45 seconds—probably correctly. It is not that there is a problem with the estimates; it is that we cannot even discuss them under the current process.

[Michael Ellis]

The point the hon. Gentleman makes is being addressed by the Procedure Committee. Where, under Standing Order No. 54, the Liaison Committee involves the Select Committees, that in itself is a way in which to engage Members. Members who take part in those Select Committees then involve themselves during the course of every annual Session in the day-to-day business of those Committees, and the Chairperson of those Committees will make representations through the Liaison Committee. That is a way in which the House and its Members can be involved in the Supply and estimates procedure.

Those three days are quite crucial. I appreciate the hon. Gentleman’s point that it has been said that three days is insufficient, but that is being examined in detail by the Procedure Committee in its inquiry. The Liaison Committee decides which estimates are to be debated on estimates days. As I alluded to previously, considering requests from Select Committees is part of the democratic process of involving individual Members.

[Pete Wishart]

I am on the Liaison Committee; I know how this works. What happens in the Liaison Committee is that the Select Committee Chairs who put their hands up the quickest manage to get a Select Committee report debated. It has absolutely nothing whatsoever to do with the estimates and Supply procedure of the House—please do not confuse the two. It is a great opportunity for Select Committees to discuss their reports, but it has nothing to do with estimates and Supply discussion in this House.

[Michael Ellis]

I know the hon. Gentleman would not wish to reduce the value and impact of Select Committees and the work they do—the Chairmen and Chairwomen of those Committees would resist that strongly—but I recognise the point he makes. However, there are processes—recognised ones that have worked for some considerable time and have been examined hitherto—that frankly have allowed Members, through the Chairs of those individual Committees, to make representations to the Liaison Committee. That is our current process. I recognise that he finds it unsatisfactory, which is why it will be particularly useful to examine in full the recommendations of the Procedure Committee, on which his hon. Friend, the hon. Member for Glasgow North (Patrick Grady), sits. One can see why some consider Select Committees to have a role to play. Select Committees are very important in the process.

It is important to note that motions for Supply come in two forms: we have the debatable and amendable ones, and we have the ones that are rolled up. I think most people would recognise that, because of the sheer complexity and volume of some estimates and because they are so involved, we have to have a process whereby they cannot be considered on estimates days and whereby we restrict the amount of discussion. Otherwise, because of the quantities of money involved, we could almost discuss them for an entire fiscal year.

[Patrick Grady]

I congratulate the Minister on his appointment. Does he accept that that level of complexity bears out our argument that the estimates process is irrelevant and does not provide us with an opportunity to discuss the Barnett consequentials? We were told by his honourable predecessors during discussion of the EVEL process that the estimates process was how Scottish Members could debate and vote on the Barnett consequentials of legislation that are now subject to the EVEL procedure.

[Michael Ellis]

I do not accept the hon. Gentleman’s contention. Of course it is possible to do exactly as the previous Leader of the House suggested. I followed and read about the processes that apply to, for example, the Scottish Parliament and other legislatures that have been cited, but one must bear in mind that the fiscal quantum and complexity involved are sometimes considerably less. As somebody pointed out in the written evidence to the Procedure Committee that I have seen, the Scottish Parliament was established with a clean sheet, but we do not start with that. This system has evolved over time and is necessarily somewhat more complex.

That is why we have the House of Commons Scrutiny Unit, which provides a range of briefings for Select Committees and helps to explain the main areas of interest. It may be that the Scrutiny Unit should be brought more to the attention of hon. Members, but it is there and it provides a good range of briefings for those Select Committees, helping to explain the main areas of interest.

The Clerk of Supply is also available to provide advice on procedure and the drafting of amendments to estimates motions. That is another mechanism whereby the process can be carefully assessed and analysed by individual Members, including those with a particular interest in Scottish, Welsh and Northern Irish affairs.

It is open to any Member to request a debate, as the hon. Member for Rutherglen and Hamilton West has done on this occasion, on certain aspects of particular estimates. That is another process and another area of scrutiny. A debate on the estimates process as a whole can also be accessed, as she has done today.

I recognise that a number of issues have already been raised in the Procedure Committee—the hon. Lady referred to them briefly in her earlier submissions. The timing, laying and approval of the main and supplementary estimates is something the Committee will want to look at. I have read that sometimes it is several months after the start of the financial year before those estimates are ready, and I know the Committee is looking at that.

The hon. Lady referred to the presentation of documentation, which is another issue that has been raised with the Procedure Committee. Presentation is important because it makes documentation more readable and accessible to a larger number of people. If it is possible to increase the use of graphs or other mechanisms by which presentation can become more accessible, clearly that should be looked at.

The hon. Lady mentioned the role of departmental Select Committees in the scrutiny of estimates and that is also being considered. She also referred to a possible role for the Backbench Business Committee in determining the estimates to be debated on estimates days. That is clearly of interest and can be assessed in the detailed Procedure Committee report.

As is clear from my points so far, my right hon. Friend the Leader of the House will consider a range of issues. They will, of course, relate to the estimates procedure and to the points made by the hon. Lady. He will be able to answer questions on the matter when he appears before the rather robust questioning of the Procedure Committee, some members of which I know—I am sure he will do so when he has considered the matter in the intervening weeks and months.

When the Procedure Committee has completed its evidence taking and produced its report, the Government will take time to carefully consider the recommendations. The hon. Lady asked for that assurance and I can give it. This is an important matter that involves large sums of money. It is of interest to the House, and the Government will of course, as we always do, consider carefully any recommendations contained within it. I cannot give any undertakings about the assessment that Her Majesty’s Government will come to after considering the recommendations, but I can say, I think without fear of contradiction, that those recommendations will be carefully considered. I do not wish to pre-empt the outcome of that report or the pending evidence of my right hon. Friend the Leader of the House, but I am confident that the points raised by the hon. Lady will help very much to inform the thinking of the Leader of the House and no doubt the thinking of the Procedure Committee.

Question put and agreed to.