Select Committee on Governance of the House

Oliver Heald Excerpts

Wednesday 10th September 2014 Commons Chamber

[Sir George Young (North West Hampshire) (Con)]

I am conscious that I am the fourth former Leader of the House to speak, with possibly one more still to come. I fundamentally disagree with what the right hon. Member for Neath (Mr Hain) said about the role of the Clerk of the House.

It is worth reminding the House of what happened when the other place decided to modernise an historic office of Parliament—namely the office of Lord Chancellor —and split it into its component parts. There were all sorts of good intentions, but it turned out to be not nearly as straightforward as the authors of the plan assumed and resulted in a considerable backlash. That should be a warning to us to proceed with care, as the motion proposes.

On the central issue of whether it is realistic to expect the diverse qualities needed for a Clerk of the House on the one hand and a chief executive on the other to be found in one person, my view is that in the case of Sir Robert Rogers the answer was yes. I said as much in the tributes to him a few weeks ago, as did many others. One of the key questions for the Select Committee is whether it continues to be realistic to expect to find one person to hold those qualities or whether they need to be separated. The other reason that the Select Committee needs to re-examine the issue is this: not only should it look at separation, but it should look at something short of separation—a sort of devo-max; in other words, as hinted at by my hon. Friend the Member for Hereford and South Herefordshire (Jesse Norman), keeping a Clerk, but having underneath him a chief operating officer to whom certain functions are delegated.

The House has to be crystal clear on the issue of accountability. As Sir Robert Rogers made clear in his letter, many of the decisions that he took as Clerk impacted on the decisions he took as chief executive and vice versa. If we had a chief operating officer answerable to the Clerk, that would provide a focus for services of the House and avoid all the problems of having co-equals, and it would not need legislation. Without primary legislation, the Clerk would still be the corporate officer, with statutory responsibilities that could not be separated from the responsibilities of a chief executive.

[Sir Oliver Heald (North East Hertfordshire) (Con)]

Does my right hon. Friend recall that in Sir Kevin Tebbit’s report into the management of this place, one of his recommendations—recommendation 19—was that there should be such a role, namely an operating officer with commercial experience who was the deputy to the Clerk?

[Sir George Young]

I am grateful to my hon. and learned Friend for refreshing the House’s memory of that particular Tebbit recommendation. If we had two co-equals, they could play Members off against each other; indeed, Members could play them off against each other too. That has to be taken on board.

--- Later in debate ---

[Sir Oliver Heald (North East Hertfordshire) (Con)]

I support what has been said about the need for us to show support for the Chair and to be respectful of it. I must, however, pick a bone with the former Leader of the House, the right hon. Member for Neath (Mr Hain), who said that he had had no support for his modernisation measures. I remember standing at the Dispatch Box as shadow Leader of the House and being shoulder to shoulder with him on that issue. I got a right pasting for it. So he did get my support, but it was not always easy.

[Mr Hain]

I am grateful for it.

[Sir Oliver Heald]

Thank you.

It has been mentioned that the Clerk of the House has an important role as our adviser on the constitution, procedure and business. The role is important not only to us but to those in many other countries who consult our Clerk because he or she is the leading expert on those constitutional matters. As the right hon. and learned Member for North East Fife (Sir Menzies Campbell) said, we now face big issues relating to the operation of the devolution settlement, human rights and other matters, and we need authoritative advice to be given in a definitive way by someone with the standing of the Clerk of the House. The Clerk of the House is paid at the rate of a Lord Justice of Appeal—not a High Court judge—because he is in a comparable position of authority, or so it has always been thought.

I want to give the House two examples of the kind of advice that I have seen our Clerk give. For my sins, I sat on the Joint Committee on the draft House of Lords Reform Bill. We had experts, academics and all the top lawyers appearing before the Committee; everybody came to give evidence over a long period. When we read the report, however, we can see that the most authoritative witness was Sir Robert Rogers, the Clerk of the House. People disagreed about that issue, but no one disagreed that it was fantastic to see him giving evidence to us; he could point to the 1671 or the 1678 resolution of the House, for example, and express the matter in question in a simple, straightforward way.

Similarly, when I was serving on the Standards and Privileges Committee, we had to deal with the difficult issues arising from the Culture, Media and Sport Committee’s report on phone hacking. We had to decide whether there had been contempt of the House, and whether issues of privilege arose from that. It was the Clerk of the House who gave the most convincing and authoritative advice. Someone needs to be able to give such advice. A position of authority is required, and I would not want to see that position diminished.

I do not disagree with the point that we also need modern, efficient business practice here in the House. Sir Kevin Tebbit looked at that matter in 2007 and decided that a chief operating officer—a deputy Clerk with commercial experience from outside this place—was the answer. We need to look at all these questions. Can we split the role? Is there a case for a deputy with commercial experience? For once, I think it should be the House itself that does this. We should not bring in outside experts. We have had the Ibbs, Braithwaite and Tebbit reports; now let us do this ourselves. I support the motion.