House of Commons Commission Bill

Debate between Oliver Heald and Jack Straw

Tuesday 24th February 2015 Commons Chamber

[Mr Straw]

Not at all—least of all today.

Those of us who are now Hegel and Marx—at least a bit, in my case; I hope I do not offend the hon. Gentleman—can genuinely say that a dialectical process took place in the Committee, where there was thesis, antithesis and synthesis from a variety of sources. I was talking to my hon. Friend the Member for Walsall South (Valerie Vaz), who was energetic in the Committee and was not going to let anything go, but out of that energy—sometimes it felt as though I had a terrier locked on my ankle!—we got a better report.

One of the things that emerged during our inquiry was the opacity of the current arrangements for running this place—the lack of connection between the Commission and everything else underneath. One key Committee, the Administration Committee, chaired by the right hon. Member for Saffron Walden (Sir Alan Haselhurst), was in some kind of limbo. It did not have executive powers, although everybody thought it had. It had to negotiate with others. It had a membership that was put there principally by the Whips. In my view, had it not been for the fact that the right hon. Gentleman and two or three others almost exclusively had sat through the Committee over the past five years, it could not have operated at all. That was one indication of the opacity and less than optimal way in which these arrangements operated.

There were other such indications—for instance, the fact that the non-executive members who give advice to the administration of the House were on the Management Board, not on the Commission, which is a slightly eccentric way of doing these things. We had very good evidence, including from the right hon. Member for Caithness, Sutherland and Easter Ross (John Thurso), who represents a large chunk of Scotland. I may say parenthetically that he and I were having a conversation about the difficulty of getting to his constituency. As we know, he is Viscount—these days, Mr—Thurso. He was talking about the fact that he would get an aeroplane to Inverness and then would drive. I asked what would happen if he were to go by train. He said, “Well, I would get a sleeper to Inverness and then another train.” I asked, in my naiveté, “Which station?”, to which the right hon. Gentleman replied, “Thurso, of course.” It must be reassuring to have a station named after you.

To return to the Bill, the right hon. Member for that large chunk of Scotland has chaired the Finance Committee. He has also been a member of the Commission. That was a very good exemplar for us to build on.

There are many recommendations of the Committee that do not need legislation; these recommendations do, and I believe strongly that with these changes we will have an administration for future Parliaments that is better and more effective than it is at present.

On the question whether the four Back-Bench commissioners should be paid, Members must consider that in the next Parliament, and do so rapidly. I am clear that if at least two of those Members have executive responsibilities for chairing important Committees, they must receive the same kind of emoluments as any other Chairman; otherwise, given the amount of time that will have to be devoted to these positions and the fact that they will be much more public, as it were, within the firmament of the Commons, people of serious calibre will not be attracted to undertake them. We do not want these positions and the other two on the Commission for Back Benchers to be seen as some sort of consolation prize for those who have failed to be elected to the chairmanship of some apparently prestigious subject Select Committee. That is extremely important, and I hope the Whips will bear that in mind, not least when they come to the timetabling.

[Sir Oliver Heald]

Does the right hon. Gentleman agree that it depends to some extent what portfolios are given to the other two as to whether one would want to see these as paid positions? If, for example, one of those posts was to play an important role on the restoration and renewal project or to play a very active role with visitors to the House, it could be an onerous position that might require that.

[Mr Straw]

I accept that entirely. This needs to be looked at in detail as soon as the new Parliament is assembled.

With that, I commend the Bill to the House.

House of Commons Governance

Debate between Oliver Heald and Jack Straw

Thursday 22nd January 2015 Commons Chamber

[Mr Straw]

I thank all 14 right hon. and hon. Members who contributed to this very interesting debate. I particularly thank the members of the Committee—which I had the privilege to chair—and the Leader and Deputy Leader of the House.

Before I respond to a few of the points that have been raised, I want to underline the tribute that the Leader of the House paid to his predecessor Leon Brittan, whose passing we heard about earlier this afternoon. I was privileged to be in the House when Leon Brittan was a Member. He was, of course, a member of an opposite party. However, I remember him as a highly intelligent individual, a very good Minister and a very good constituency Member, but also as someone who showed great courtesy and kindness—not least to the new Member for Blackburn, and to many of my colleagues on the Opposition Benches. I send my personal sympathy to his widow, Diana, and to his wider family, and, if I may, I do so on behalf of the Opposition as well.

[Sir Oliver Heald]

I had only just heard the news when the right hon. Gentleman delivered it. Let me say for my part that Leon Brittan gave me a great deal of advice and support when I was first embarking on a political career. He was a very kind man, and he gave me so much support. I echo the sentiments expressed by the right hon. Gentleman.

[Mr Straw]

It is odd, but I last met him and his wife in an airport lounge when we were whiling away about three hours as we waited for a late plane. I cannot remember which airport it was, but I do remember that the conversation was very entertaining.

Let me now deal with some of the points that have been made today. My hon. Friend the Member for Walsall North (Mr Winnick) raised the issue—which was also raised by the hon. Member for New Forest East (Dr Lewis)—of whether there should be a pre-confirmation hearing, perhaps before the Public Accounts Committee, in respect of the Commission’s decision on whom to appoint as Clerk and as director general. I can see from where the analogy arises, but it will ultimately be a matter for the Commission and then the House when I am not a Member of it. I think the House should have second, third and fourth thoughts about this, because there is a profound difference between this House, via a relevant Committee, holding pre-confirmation hearings in respect of posts that are adjudicators of other institutions—the Comptroller and Auditor General and the ombudsmen, and perhaps, which I would like to see, future appointments for Her Majesty’s chief inspector of prisons and for the probation service—and this post, which is internal to the House, and where one Committee of the House will already have made a decision.

However, one way of meeting the sentiment reflected by my hon. Friend and the hon. Gentleman would be to consider the suggestion from the hon. Member for Hereford and South Herefordshire (Jesse Norman), which is that in place of having the recommendation for the Clerk to go to the Palace via No. 10, it should be done on a Loyal Address—in other words, directly. Were there to be another near train-wreck of an appointment—if I may put it delicately in that way—there would be an opportunity for the House, by the process of it having to come before the House, to have second thoughts. In most cases, of course, it would go off without any question. I have had these conversations privately with the hon. Gentlemen.

I used to have to sign loads of warrants addressed to Her Majesty for judicial and ecclesiastical appointments which then had to go off to No. 10. In the end I managed to persuade this House that we could bypass No. 10 because I think the Prime Minister of the day—I will not say which one it was—thought he had other, rather more pressing matters on his plate than signing a great pile of warrants, and I could see his point. I think the House ought to consider that.

Crime and Courts Bill [Lords]

Debate between Oliver Heald and Jack Straw

Wednesday 13th March 2013 Commons Chamber

[The Solicitor-General]

May I start where the right hon. Member for Blackburn (Mr Straw) left off? I entirely accept that what has happened since 2005 has been very disappointing indeed. We had high hopes. I was involved in the debates at that time and we expected that we would see far more women at the very top of the judiciary than we have done. He mentioned one out of 12 in the Supreme Court. I believe it is four out of 38 in the Court of Appeal. It is not acceptable and there is no question but that more needs to be done.

As the right hon. Gentleman conceded to some extent, we have done much in the Bill to try to achieve that, starting with flexible working, which could make a difference, and the tipping-point provisions where two people are of an equal standard. There has been a long debate in the legal profession and among judges about exactly what merit means in this context. Lord Bingham and Lord Phillips previously said that it was the judicial qualities, plus what the needs of the Court were, which had to be put together to establish what the commission should be looking for. One of the needs of the Court is to have the wisdom of highly intelligent women who have sat as judges for many years and who come to the role with the experience of women, which is, admittedly, different in all parts of the House. We are very keen to see the position improved.

There are one or two encouraging signs. For example, those entering the legal profession are now balanced and there is some progress, as the right hon. Gentleman said, at the lower levels. There is no question but that more needs to be done. The Bill makes a start with the flexible working and the tipping point. There was a great deal of discussion in the other place about how to try to make matters go forward faster, and it was accepted there that one way would be a statutory duty underpinning the leadership role of the Lord Chancellor and the Lord Chief Justice. That is why, as the right hon. Gentleman said, paragraph 11 of schedule 13 provides that both office holders must take such steps as they consider appropriate for the purposes of encouraging diversity.

Of course, the right hon. Gentleman is correct that that is not the application of an objective standard. We are putting trust in the Lord Chief Justice and the Lord Chancellor to take this matter seriously and come up with a plan for the steps they consider appropriate for the purposes of encouraging diversity. For my part, given that we have not done that previously, and given that I trust those office holders to take it seriously and pursue it vigorously, I am prepared to give them the chance without making it an objective standard. We are putting trust in them, under paragraph 11 of schedule 13, to do the job. I believe that the current Lord Chief Justice takes that very seriously—I have discussed it with him and he certainly gives that impression—as does the Lord Chancellor.

[Mr Straw]

I have the highest regard for the Lord Chief Justice and, as it happens, for the Lord Chancellor, so that is not the issue. Will the hon. Gentleman explain something for me? Exactly the same arguments could have been used with regard to the Northern Ireland judiciary, because we were trusting the same Lord Chancellor—the same person—until 2009, and the Lord Chief Justice of Northern Ireland is a man of the highest quality. Therefore, if these measures have not only been needed in Northern Ireland but have worked, why is the hon. Gentleman moving on to say—I think he is about to do so—that they are not needed in England and Wales?

[The Solicitor-General]

What I am saying is that the new provision was accepted in the other place, with wide acclaim—the Opposition thought that it was a major move forward—and an agreement about the way forward was established, so it is perhaps wrong for this House simply to say, “Oh well. Let’s nudge it another inch.” If Parliament is prepared to say that there will be a legal duty on those officer holders to take those steps, that seems to me to be a step forward. I do not believe that the right hon. Gentleman, when he was in that great role, would have taken it lightly if Parliament had told him that he must take such steps as he considered appropriate for the purposes of encouraging diversity.