Scheduling of Parliamentary Business Debate
Full Debate: Read Full DebatePete Wishart
Main Page: Pete Wishart (Scottish National Party - Perth and Kinross-shire)Department Debates - View all Pete Wishart's debates with the Leader of the House
(7 years, 1 month ago)
Commons ChamberWe welcome this debate and share the concerns about the arrangements for this parliamentary Session over the next two years. We agree that clarity is needed on the scheduling of Back-Bench and Opposition business.
Since we have come back, the pace at which the House’s usual arrangements have been put back in place has been woeful and unsatisfactory. There are only three full days left until the long summer recess, yet this House’s Select Committees are still not up and running, nor do we know the arrangements for its Standing and Statutory Instrument Committees. Given that they are going to be particularly burdened by the repeal Bill, we need clarity and certainty about them.
I think I heard earlier that neither the Scottish National party nor the Labour party has yet agreed on its own members for Select Committees—
I am sorry if I am in error, but it is only recently that it has been possible to agree on Select Committee membership and we are about to go into recess.
I am grateful to the hon. and learned Lady for her intervention, because I can say with certainty that we are ready to supply SNP names for Select Committee membership, and I am pretty certain that the Labour party is in the same position.
You made a generous offer last week, Mr Speaker, to help facilitate arrangements for any political party that is finding it difficult to arrange its membership of Select Committees, but I do not know whether the Conservative party has approached you to fulfil that promise. It is not the Labour party or the SNP that is holding up the creation of Select Committees, but the Conservative party, so I ask it to make use of your very kind offer.
Could it be that so many Conservative Members want to take part in Select Committees that an election is required, and that a similar level of interest does not exist among Opposition parties?
I say candidly to the hon. Gentleman: get on with it, for goodness’ sake. The Select Committees should be up and running before the summer recess. If the Conservatives cannot do that themselves, they should accept your offer to help them arrange it, Mr Speaker.
I shall call the hon. Gentleman my hon. Friend. The Labour party has already held elections for Select Committee places. If the hon. Member for Bexhill and Battle (Huw Merriman) thinks the Conservative party is going to have difficulties arranging its own membership, we could provide it with election observers and tellers.
I shall call the hon. Gentleman my hon. Friend, too. He makes a very good suggestion. How about we make use of the Office of the Speaker? We could send observers along to help facilitate the Conservative party’s arrangements; and then let us get on with it, for goodness’ sake. We are three days away from the summer recess. Let us get these things in place.
The SNP was granted the Chairs of two Select Committees. I cannot quite understand how it was that Members of all the other parties were entitled to vote for different candidates, which was very democratic, but SNP Members were given just one candidate for each post, which seems rather Stalinist. Can the hon. Gentleman explain that?
That is because they were superb candidates, particularly the nominee for Chair of the Scottish Affairs Committee.
The hon. Gentleman has left out the amazing abilities of the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil).
I am glad that the hon. Gentleman has reminded me of that. How could I forget my hon. Friend the Member for Na h-Eileanan an Iar?
This will be the last intervention I take for a while, because we need to make some progress.
I just wanted to say that votes are still being cast for Labour membership of the Foreign Affairs Committee, so if any Labour Members have not yet voted, they have until 8.30 to do so. [Interruption.]
I think I am grateful for that intervention. It seems to have energised Conservative Members, so it must have been particularly good.
It is not as if this Government have been over-exercised or energised by business thus far. Perhaps unfairly, this Parliament has already been dubbed the zombie Parliament, but I think that that comparison gives the flesh-eating undead a bad name. This is turbo-charged political zombie-ism, but a curious type of zombie-ism, because the Government are not only tearing flesh from the public but starting to consume themselves. If we look around Whitehall, we see that what passes for normal discourse among Secretaries of State amounts to briefing and counter-briefing. I say to the Leader of the House that this is what happens when Governments do nothing—bad stuff happens. This is a Government at war with itself, where briefing and counter-briefing take precedence as they all jostle and compete to be the next captain of the SS Tory Titanic.
According to one anonymous Minister, the Chancellor is trying to “stymie” Brexit. If only he would get on with it! Apparently he believes that Brexiteers are a “bunch of smarmy pirates”, whatever a smarmy pirate is. I have an image in my head of a cross between Captain Pugwash and Jack Sparrow re-enacting the battle of the Thames between Nigel Farage and Bob Geldof. I do not know what a smarmy pirate is but—shiver me timbers and pieces of eight—I wouldn’t mind being one myself.
The right hon. Member for Chingford and Woodford Green (Mr Duncan Smith) says that the plotters should
“just shut up for goodness’ sake”,
which would deprive this House of so much comedy value. The International Trade Secretary says that members of the Cabinet “should drink less prosecco”. And there was I thinking, “Cheap prosecco? Surely only the finest champagne is good enough for my Conservative friends.” According to the Transport Secretary, there is nothing to see here, concluding:
“We’re not a group of clones.”
Well, thank goodness for that. It is no wonder that the Government do not want scrutiny when they are in such chaos and turmoil.
I agree with the Leader of the House on one thing, namely the question of public enthusiasm for this debate. During my surgeries over the weekend, I did not notice any banners calling for more Opposition days for the Labour party or for sorting out the membership of statutory Committees. The issue is important, however, and I think that our constituents expect us to come down here to ensure that we arrange the optimal conditions for debate and scrutiny and get on with the job of ensuring that this Government are held to account.
This is a very different type of Parliament. Perhaps that will excuse the Government’s behaviour in not getting things back in place. I do not think there has been such uncertainty about a Parliament lasting a full term since the 1970s and the days of Callaghan and Wilson. The Fixed-term Parliaments Act 2011 has proved to be possibly the biggest waste of parliamentary time in history. It was supposed to give certainty to the scheduling of parliamentary debates, but it was always going to fail when a Government wanted to have an early election, assisted by an Opposition who would not be able to resist.
We therefore have a Parliament and Government on political life support, always requiring emergency treatment and always vulnerable to the infection of events as they try to define some sense of purpose and meaning. The Government’s condition is all their own fault. After hubristically and unnecessarily calling an early election to try to take advantage of the crisis and chaos that they observed in the Labour Opposition, they have returned humbled, embarrassed, diminished, chaotic and in turmoil.
This is most definitely a House of minorities, and the way in which we conduct our business and scrutinise legislation must reflect that. Arrangements must be put in place to ensure that the new political arithmetic across the House is observed. That is why it has been profoundly disappointing that instead of rising properly to the challenge, the Government have done all they can to frustrate, delay and thwart the creation of all the arrangements that are essential for proper scrutiny in these new conditions. The Government’s main strategy has been to try to make their legislative programme as opaque, meaningless and uncontentious as possible. They hope that we will get bored and take little interest in it, so that they will not lose any votes in Parliament.
The only thing that will be contentious—the one big deal of this parliamentary term—will be Brexit. Of course, the Government are unburdened in that regard, too. When it comes to the main themes of the Government’s hard Brexit, the Labour Opposition agree with practically everything that the Government want to achieve, whether the leaving of the single market, the leaving of the customs union or the ending of freedom of movement. The Government will therefore have no difficulty getting their Brexit business through, on top of a legislative programme that is so light it is almost totally opaque.
We also have to look at what was agreed in the early days of this Parliament. One of the most concerning and damaging of all the initiatives that the Government have embarked on is the appalling deal that they struck, right at the outset, with the Democratic Unionist party. That deal was agreed behind closed doors, and the House has not had the opportunity to debate it, scrutinise it properly or consider its consequences—not least how it turns the normal and usual funding allocations for the nations of the United Kingdom on their head. This is a deal designed to buy the Government their majority, and it has unfortunately set the tone for this Parliament and defined the Government’s contemptuous approach to their business.
The other thing that has to go, very early on, is the appalling and divisive English votes for English laws procedure, which is opposed and loathed by every political party in this House apart from the governing Tories. It is clear that it no longer secures a parliamentary majority in this House, and it is ridiculous that in order to get their business through, the Government have to rely on a party that is subject to the constraints of EVEL. EVEL is disruptive to the House, and it divides the membership of this House by geography and nationality. Its days should surely be numbered. Let us get shot of it from our Standing Orders and see whether we can, through debate, secure a solution on which we can achieve consensus. Let us get something that reflects proper scrutiny and attention and serves all the nations of the United Kingdom.
We need to get down to business. It is simply unacceptable that the Select Committees will not be up and running before the recess. We have had a little exchange about where we are in the logjam of creating the Select Committees. I hope that the Leader of the House will take the matter seriously, so that we can get on and do it. We have to have the Standing Committees in place. Because we have no Standing Committees, Bills cannot receive proper consideration at Committee stage, so the Government have had to bring Bills before Committees of the whole House. Three Bills have been subject to that procedure. No Statutory Instrument Committees have been set up, and, as a result, we will be considering another statutory instrument after this debate. The situation is clearly unsatisfactory, and it is unacceptable for it to continue.
We have all been through a process of election. If a prospective candidate does not get their name in in time, it is tough; the election goes on without them. It is not postponed until the end of the summer to give the candidates time to sort themselves out. Should we look at something similar in the makeup of Select Committees: if the governing party does not bother to put names down for Committees, the Committees just go ahead and meet without them, so that they can get on with the job?
That is an elegant solution to a very solvable problem, and I am grateful to my hon. Friend for suggesting it. Perhaps the Government are listening. I hope that some action will be taken in the next few days to resolve the matter.
My understanding—the Leader of the House can correct me if I am wrong—is that we have not got the Standing Committees up and running because there is a dispute about the arithmetic. As I understand it, the Government have nine places, the Labour Opposition have seven places and we have two places. That would properly reflect the political arithmetic of this House, suggesting that it is a House of minorities, and it would mean that the Government had to work just that little bit harder in Committee to get their business through.
What would be clearly unacceptable—this seems to be happening, and I hope it stops soon—would be for the Government to subvert the Committee stage by either bringing legislation to a Committee of the whole House, here in the Chamber, or looking to make all their amendments on Report. That would fly in the face of nearly everything we understand about the normal business of getting legislation through Parliament.
The hon. Gentleman is making an interesting point. Everybody knows that the most inadequate part of the whole legislative process is Report stage, where the Government can put down amendments that are never even debated.
The hon. Lady is absolutely right. She probably shares my concern about what would happen if that came to pass, and the inadequacy of Report stage. We would have everything baled into one, with Report, Third Reading and, probably, statements and other business on the same day. Intricate, important pieces of legislation require proper scrutiny in the proper Committees of this House, and it is incumbent on the Government to put that process in place. Any attempt to subvert the normal arrangements for Bills to go to Committee is clearly unacceptable, and I hope that the House will reject any such attempt.
We have heard quite a lot about how things are normally set up. I am almost disappointed that the hon. Member for—Chris Bryant, whatever his constituency is. [Interruption.] For Rhondda. I am almost disappointed that he is no longer here, because he is a keen student of the subject, and I think he actually gave us some figures. The Leader of the House said that we were in an unusual situation because we had had a June election. I was elected in 2001—I think you were elected before me, Mr Speaker—and I remember that in 2001 we had a June election, but all the Standing Committees and all the Select Committees were in place by the summer recess. The election in 2001 took place on 7 June, the Queen’s Speech was held on 20 June and all the Select Committees were in place and functioning by 19 July.
The reason for that is that in those days it was a stitch-up by the Whips. Now we elect the members of Select Committees, and that is the key difference.
I am grateful to the right hon. Gentleman, because he reminds me of something that happened during the establishment of the Select Committees in 2001. He is right; it was a stitch-up by the Blair Whips, and he will remember when they tried to remove Gwyneth Dunwoody and Donald Anderson from the chairmanship of two Select Committees. That held up the creation of the Select Committees, but we still managed to get them in place. There is absolutely no reason why the same cannot happen now. The example of the year of 2001 is a good one.
I very much agree with the hon. Member for Walsall South (Valerie Vaz) when it comes to Opposition days and the setting aside of time for Back-Bench business. It looks as though Back-Bench business and private Members’ Bills will be about the most interesting features of this parliamentary Session.
My hon. Friend has a particularly good private Member’s Bill, and I encourage as many Members as possible to come along and listen to him speak about it. Back-Bench business and private Members’ Bills will probably be our most interesting business, given the laxity that we are going to see from Government Members, and we must have the proper time and arrangements for such business.
The Leader of the House spoke earlier about giving the House more time for private Members’ Bills. Is that not an almost pointless exercise unless the Government reform how private Members’ Bills go through the House, and unless they get their own Members to stop stymieing them?
My hon. Friend is spot on. I share his frustration, as I think most in the Scottish National party do, about the way in which private Members’ Bills are progressed through the House. It is clearly unsatisfactory. I remember the private Member’s Bill sponsored by my colleague John Nicolson, which was stymied by the Government even though we had the necessary numbers here. The way in which certain Members of this House—none of them are in their place at this point—do all they can to talk out and filibuster private Members’ Bills is a disgrace to this House. Our constituents expect better than that. When their Members of Parliament are lucky enough, as my hon. Friend the Member for Glasgow South (Stewart Malcolm McDonald) has been, to secure the opportunity to introduce a private Member’s Bill, it is right and proper for them to expect those Bills to be properly debated in the House. I hope at some point we will be able to reform the process.
We support what the hon. Member for Walsall South said about the sittings for private Members’ Bills. Of course the number should be doubled and I really hope the Government do that.
There has to be a proper arrangement and a proper understanding about the time allocated for Opposition days. The Labour shadow Leader of the House was absolutely right that we are entitled to three Opposition days per parliamentary Session and we now expect six, given that it is a two-year Session. I hope the Leader of the House will confirm that.
We have to get all these things worked out. The arrangements of the House are clearly unsatisfactory and there are lots of things we need to do. I spent a couple of weeks in the usual channels before my hon. Friend the Member for Glasgow North (Patrick Grady) was put in place. I saw how the usual channels are working just now. There seems to be a misunderstanding about how the different parties’ requirements and expectations of this Parliament are to be met. I encourage the Leader of the House and the Whips Office to get a better grasp of the new reality of this House—this House of minorities, where nobody has a majority—and ensure that our business is equipped, shaped and designed to accommodate that new reality.
This zombie Parliament must get up and working. It must be allowed to do its work. It must allow the optimal conditions for scrutiny and empower us, as Members of Parliament, to do the work that our constituents sent us here to do. For goodness’ sake, let’s get on with it and let’s do it.
I apologise to the hon. Gentleman for totally forgetting his constituency during my contribution. How could I forget that he is the hon. Member for Rhondda? May I suggest a solution that he may like to think about and put to the Leader of the House? If there is going to be an issue with Opposition days, one way around this is through unallotted days, which were used in 2015 to 2017. I am sure that he will remember that they were also used in 2001. What is the reason for not giving unallotted days? The Government could just say how many of them they were going to give.
They could do that. In the 2010 to 2012 Session, the problem was that we did not know that it was going to be a two-year Session until the Session moved along. The Government kept on refusing to announce whether there would be a Prorogation or a two-year Session, so it is not an exact match with what we have now. The Government have already said that this will be a two-year Session, so they should be able to say that there will be a proportionate number of Opposition days and days for private Members’ Bills and Back-bench business. Any ordinary member of the public would say that that is what everybody would genuinely expect.
The hon. Members for Eastleigh (Mims Davies) and for Rochester and Strood (Kelly Tolhurst) said that all this stuff does not really matter and that it is not about democracy. I would ask them just to remember that the big row in this House in 1939 was about whether the House should adjourn in August when there was a fear of war with Germany. That was the row. It was not about some grand piece of legislation; it was about whether the House should adjourn. Ronald Cartland—the younger brother of Barbara Cartland—who was killed while serving bravely in the second world war and who has a shield on the wall of the Chamber, accused Chamberlain of having “ideas of dictatorship” because Chamberlain was using the undoubted power that Government had to decide when the Adjournment was and he thought that that was wrong, especially in a House that was largely composed of Conservative Members.
Another problem is that the recent move towards lots and lots of secondary legislation might be okay if what the Secretary of State for Exiting the European Union has regularly said in the House were true—namely, that if a piece of secondary legislation is prayed against, it will always come to the House—but it is not. Between 2010 and 2016, 69 pieces of secondary legislation—statutory instruments—tabled by the Government were prayed against by the Opposition. According to the “David Davis” rule, it should have been guaranteed that they would be debated on the Floor of the House, but how many of the 69 were debated in the House? Three. Eight were debated in Committee, but the debates in Committee were not about whether they were good statutory instruments; they were on whether the matter had been considered. Even if every single member of the Statutory Instrument Committee had voted no, the measure would still have gone on the statute book.
When the Government come forward with something called the European Union (Withdrawal) Bill, which wants to give massive amounts of secondary legislative power to the Government, the Opposition are very sceptical. That is when it starts to look like, in the words of Ronald Cartland, “ideas of dictatorship”, not because any of the individual members of the Government think of themselves as dictators, but because the power that this House has, over the years, given to Government over every element of the agenda is so important.
Several people have already made the point that we should have had an Opposition day by now. I say to the hon. Member for Eastleigh that there is a vital difference between a hot-air debate that ends with a vote on whether we are going to adjourn, as we had at the end of the WASPI debate, and a substantive motion on the Order Paper that has effect, either because it is legislation or because it is an Opposition day debate. When Labour were in government and had a majority, we lost an Opposition day debate on the Gurkhas and that changed what happened—several of us here have scars from that debate. In the end, the Government cannot always run away from those kind of debates. I say to Conservative Members that there has to come a point when the whole House has to consider the long-term future of how we do our business, not just the partisan advantage of today.
That is where I think the Opposition have misfired today:
“To everything there is a season, and a time to every purpose under the heaven.”
But this is not the season or the time. So much is happening of general urgency, and this debate strikes me as fiddling while Brussels burns. We have the massive Brexit debate to consider, we still have a huge deficit to be debated and we have a great housing crisis that has been so starkly brought to our attention by what happened at Grenfell Tower, and what do Her Majesty’s loyal Opposition ask for? They ask for a debate on Standing Orders—a debate on a debate. A debate on conversation. Even for one who loves procedure and thinks it of great importance, can that be what is of most urgency to us today? It is a question of proportionality.
The hon. Member for Rhondda made many important points about how the House has limited powers to hold a strong Government to account and about how it should use those powers, but the Opposition have asked for this debate a few days into the Session, before we have had any real opportunity to discover how many Opposition days we will have, and well before it is decided whether additional days will be given because it is a two-year Session. I have no doubt that further days will be given. Indeed, if all 20 days have been used up a year from now and the Government come to the Dispatch Box to say that there will be no more days, I will be on the side of the Opposition. I would support the Opposition in asking for a proportional share during the second year of this Session, which would be only right. I would also be in favour of an extra three days for the Scottish National party, because that is what this Parliament ought to do, but the hon. Member for Walsall South (Valerie Vaz), the shadow Leader of the House, has misfired—this is too soon and too early, and it is not genuinely urgent.
I sort of accept the hon. Gentleman’s point. Maybe it is a bit too early, but he knows the history of previous Parliaments and of how Opposition days were granted after the Select Committees and Standing Committees were up and running. It is unusual for those Committees not to be up and running after four weeks. Surely he must have some concerns about that.
Again, I think the hon. Gentleman is premature. The issue is the month lost between May and June. We have the Fixed-term Parliaments Act 2011, and we have gotten used to having elections in May. We therefore expect these things to be up and running in time for the summer recess, which I absolutely accept, but he misses the point that the election was under not the normal procedure but the extraordinary procedure of the Fixed-term Parliaments Act. We therefore assembled a month later, closer to the summer recess. The process of electing Select Committee Chairmen and Select Committee members takes a little time, and the Opposition are simply being unreasonable. If we were having this debate in September, they would have a fair point; and if we were having it in October, they would have an outrageous point if they did not have any Opposition day debates by then.
This Session has hardly begun. It is in its infancy. It is like Sixtus, my newborn son. It is still in the mewling and puking stage. It has not reached the stage of toddling, walking and taking bold steps.
It is a pleasure to follow the hon. Member for Bristol North West (Darren Jones). I, like other hon. Members, am a bit disappointed that the debate has eaten into time that we might otherwise have used for the debate on abuse and intimidation of candidates and the public during the general election campaign, particularly as at the weekend, when I was trying to enjoy some quiet time with my family, a member of the public went to the considerable extent of getting my private number to phone me up and tell me that she disliked me and what I stood for so much that she was not surprised I got death threats. That was a charming start to the weekend with my family. But this is also an important debate, and it is important that we consider the scheduling—or rather, the lack of scheduling—of parliamentary business before the recess.
We have heard two excellent maiden speeches. The hon. Member for Angus (Kirstene Hair) made an accomplished speech and I thank her for the gracious comments she made about our friend and colleague, Mike Weir, our previous Chief Whip. I respect her Unionist views and I hope that she will respect my wishes for my country to become independent in due course. She is very keen for the SNP to take independence off the table according to what she says were the wishes of her constituents in 2014, but I remind her that last year her constituents voted by a significant majority to remain part of the European Union. She might also like to ask the Government to take Brexit off the table if she is so keen on her constituents’ wishes.
We also had a fantastic maiden speech from the hon. Member for Battersea (Marsha De Cordova). She is not in her place, but I found it a fascinating history of her admirably diverse constituency and a very moving tribute to her mother in assisting her in the battle with her disability. I am sure that she will be a fantastic advocate in this House for those of our constituents who have to deal with disability in their lives.
As hon. Members have said, there can be no doubt that this Government seem to be running scared of scrutiny. The very reason we had an unnecessary general election four or five weeks ago was that the Prime Minister wanted to avoid scrutiny by getting herself such an enormous majority that this House would not scrutinise her effectively, but she did not get her wishes, and now we have a hung Parliament in which there is the possibility of true scrutiny. But she need not despair; she need only look north to Holyrood for an example of a minority Government who have managed to bring forward a full legislative programme in their first year that includes groundbreaking legislation on child poverty, and the Social Security (Scotland) Bill, which will put fairness, dignity and respect at the heart of Scotland’s social security system; that is not what happens in the system under which the rest of the UK labours.
It seems that the Prime Minister is running rather short of ideas. Those of us in Scotland who fought Tory candidates in the general election, as I did—successfully, I am glad to say—will be aware that the Tories in Scotland had only one policy. People are beginning to wonder what the Tory party stands for. What is it here to do? What do the Government exist to do, other than take Britain out of the European Union in the most inane and hapless fashion possible?
What will the new Scottish Conservative Members of Parliament do in this Parliament to scrutinise the Government? What will they do with their time here? Clearly the Prime Minister’s estimation of their abilities is such that she has had to ennoble one of their colleagues who was defeated by my hon. Friend the Member for Perth and North Perthshire (Pete Wishart) and shove him into the House of Lords to be a Minister, because she does not think that the Tory MPs are up to it. I wonder if she is right, as they have shown a remarkable ignorance, since they got here, of the difference between devolved and reserved powers—rather like the drafters of the European Union (Withdrawal) Bill, it seems. I would like to make a generous offer: I would be happy to recommend an undergraduate law student from my alma mater to give the Conservatives a little tutorial on the difference between reserved and devolved powers, so that they can cope with this Parliament.
As the Scottish Conservatives are 13 in number, it is quite possible that they could inflict a Government defeat, if they chose to. They said that they would work for Scotland’s interests; does my hon. and learned Friend remember exactly what they did in response to the appalling deal between the Government and the Democratic Unionist party that was put forward?
I do, and as somebody who is LGBT, I find the deal with the DUP particularly obnoxious, but it is not just my rights that I am bothered about; it is everyone’s human rights, including women’s reproductive rights and human rights generally. [Interruption.] An hon. Gentleman shouts at me to give over, but human rights are important to some of us in this House. I am happy to tell him that I will not give over on human rights.
My hon. Friend the Member for Perth and North Perthshire asked what the Conservative Tory MPs would do to represent the interests of voters in Scotland. We are promised an immigration Bill sometime this Parliament. There is no sign of it yet. One thing that Conservative MPs could do is respect the wishes of business in Scotland. The Scottish Chambers of Commerce and the Institute of Directors have said—
On a point of order, Mr Speaker. Is it right and appropriate that while my hon. and learned Friend makes a speech, Tory heavies stand at the Bar of the House and heckle and chunter away, though they are not part of this debate?
I had not heard the alleged chuntering. Hon. Members certainly should not chunter; it is unseemly behaviour. The hon. and learned Member for Edinburgh South West (Joanna Cherry) is a robust individual and is well able to fend for herself, but they should not stand in an aggressive, Mafioso posture. It is rather disagreeable and quite unnecessary.