Wright Committee

Peter Bone Excerpts

Tuesday 2nd July 2013 Westminster Hall

[Mr Allen]

I thank the hon. Gentleman for his intervention. I also congratulate him on being an obvious example of those colleagues in the House who put the parliamentary interest above the alternative Executive interest, and he is always courageous in doing so. He makes a good point about the coalition agreement, although I do not wish to intrude on private grief between the Conservative and Liberal Democrat partners. However, the Liberal Democrats were always great reformers when they had no chance of being in government. On many of these issues, I agreed very much with their views—even more than with the Labour party’s views. However, the appeal of those views seems to have lost its glitter for them in the past three years, as the seduction of being in government, and of being seen to be the leading personalities in the Government, has overtaken the desire actually to do something about this issue. The Labour party should take cognisance of that.

On the specific point about why the Government have done nothing, I will let the Minister respond, because he is better placed to do so. He will be able to tell us the ins and outs of why the problem has occurred and why nothing has happened. What we have seen is, however, part of the process of integration; it is almost reminiscent of the old show trials, in that people are put through the fire and made to recant. Sometimes they have to appear in the dock, holding up their trousers because their belt has been taken away, as in the 1930s movies of the reformed Communist party in the Soviet Union. However, perhaps the Minister is wearing a belt today—I look forward to finding out.

It is strange that the indignity involved here is crystal clear because, as the hon. Member for Kettering (Mr Hollobone) said, the words are in the coalition agreement. There is no room for equivocation in the words he read out, as the agreement says the changes “will” happen. None the less, the Minister, whom I have a lot of time for, and the Leader of the House get up in public to recant and deny; they tell us what their sins were and say they will not repeat them, even though their earlier words are written, as the hon. Gentleman said, in blood in the coalition agreement, which apparently governs the country. That is a great shame, because hard-won manifesto commitments and sacred commitments in coalition agreements between parties should not be cast aside lightly or quietly. One reason I applied for the debate was so that the House could see—should it wish to—why such a strong promise has been broken.

Those who believe in the parliamentary interest, as I and most other people in the Chamber do, need to prepare for the next opportunity. Opportunities are rare, but in 2015, when a new Government come to power, there will be a brief moment when further progress can be made on reforming the House. We should do that not in a starry-eyed way, but in the certain knowledge that if we press too far, the Executive will block any serious change. We need to be ready for incremental change, and we need leadership and commitment from various parties to make it happen.

The hon. Gentleman has tempted me to talk a little about the coalition. My assumption is that there will be an attempt before the 2015 election to differentiate the two coalition partners. I hope that the Conservative party takes the opportunity to restate its commitment to this issue, particularly as it may, in the past few years, have witnessed Parliament operating more effectively than at any point during my time in the House. I also hope that the Liberal Democrats will rediscover their tradition of democratic reform, which is much needed. I hope, too, that Labour party Front Benchers will see that just running the machine without an effective Parliament—that keeping Parliament down and placated —is choosing to tackle our nation’s serious problems with one hand tied behind our backs. Let us become an effective partnership, with Parliament doing its job and its duty of making the Government better.

The Wright process introduced much of which we can be proud, but still there is a great deal to be done. Many in the large 2010 intake of new Members thankfully take the progress for granted, but they should know that much of it was incredibly hard won, and was fought for over decades. It needs to be preserved and extended in the face of Executive power—a power that is unfettered by a clear constitution. That power will always try, when the opportunity arises, to regain total control over its parliamentary vassal and vehicle, if there are no bulwarks against that inevitable process to prevent the internalised culture in Whitehall from making its mark. That process has been made more difficult by the fact that the Government are a coalition. However, a return to one-party business as usual will bring a strong revival of Executive retrenchment and many people will be licking their lips at the prospect of putting Parliament back in its place where it belongs, to do what it is told. I speak not out of fantasy, but as one who served some time in the Government Whips Office and saw that process. I saw a clear demonstration of how that power is used against the parliamentary interest.

It is incumbent on all of us who believe in an independent Parliament to outline the next steps in the unfinished business of the Wright Committee and to help to formulate some proposals. Then, in the brief window after 2015, if all the other astrological conjunctions occur as they did at the time of the Committee, it may be possible to take a few more steps forward. First, however, let us celebrate and take a rare moment to savour some of the achievements.

The election of Select Committee members by MPs in a secret ballot, rather than their being appointed by the agents of the Government, was one of the biggest steps forward. Some new Members do not believe that things were ever done in another way. I warn them that they were, for my political lifetime, done differently, and that, if parliamentarians are not vigilant, those days could return. The second achievement was the election of Select Committee Chairs by MPs in a secret ballot of the whole House, meaning that they now speak for Parliament and their colleagues, rather than being awarded their chairmanship as a consolation prize for losing office, as often happened. That has led to a glimmer of an alternative path for parliamentarians who want to pursue a legitimate, respected and honourable trade as a member of the legislature, disdaining offers of office and feeling that their role is not to be in office, but to hold the Government to account.

[Mr Peter Bone (Wellingborough) (Con)]

The hon. Gentleman makes a powerful speech and I agree entirely with the gist of what he says, although I would probably be more adventurous than him by wanting to go a little further. In my view, the Chairmen of Select Committees are more powerful than many junior Ministers, but they are paid less. Surely a Select Committee Chairman should be paid an equivalent salary to a Minister.

[Mr Allen]

Select Committee Chairs, of whom I am one, regard their post as the most incredible honour—particularly now that it is awarded by colleagues. The quality of Select Committee work has improved immeasurably in the past few years. The quality of the reports, and the fact that Chairs speak not only for their Committees but for the House, mean that there is greater strength in what they say. Their effect as well as their status has improved. I can give only a personal answer to the hon. Gentleman, who is strident in his support of the parliamentary interest as opposed to the Executive interest, often at some cost to himself. For me, the honour of being a Select Committee Chair is a great thing, and I did not seek it for recompense. I would be happy to have a personal assistant for the Committee—not a Committee Clerk—because I would regard that as a greater advantage and help to me, in the job that I do, than the extra payment. I do not even know what that payment is, but perhaps we should all put those sums into a pool to strengthen the efforts of our Select Committee structure and build it even more strongly.

The final achievement, in addition to the election of Select Committee members and Chairs by secret ballot, without the assistance of the Government or the alternative Government to help Members decide, was the creation of the Backbench Business Committee, which enabled Parliament to get the smallest toehold to show that it can run even a small part of its own business with maturity and creativity. I commend the work of my hon. Friend the Member for North East Derbyshire (Natascha Engel), who chairs the Select Committee, and I am delighted to see her in the Chamber. She did not always agree with the direction of the Wright Committee, but she has turned herself into a central figure—whether she likes it or not—in the reform of the House of Commons. I congratulate her on the serious and mature approach of the new Backbench Business Committee. Everyone thought that if we had such a Committee, civilisation would collapse, but it has proved its case.

Perhaps above all, the Backbench Business Committee gives us the confidence to say, “We can do this; we do not need some unnamed civil servant”—I shall not name anyone, but they know who they are: the most powerful people in British Government who run the House of Commons. My hon. Friend can do her job capably, and Select Committee Chairs can run their Select Committees very well. The House should take confidence from the progress of the Backbench Business Committee and, instead of fearing that something might be lost, should use it as a base from which to build an ever-stronger and more independent House of Commons and Parliament.

What is the unfinished business? The main thing is the creation of a House business committee. Parliament is not allowed to set its own agenda, or even to be consulted on it, other than in the most ritualistic, formulaic way. Remarkably, the very Government who are meant to be held to account set the agenda of the institution that, theoretically at least, is meant to do that holding to account. If this were any other walk of life, the average High Court judge would throw out such an arrangement as counter to natural justice, but in Parliament we swallow the mythology and treat it as part of everyday life, without challenge. It takes centuries of self-deception to get normally intelligent people to swallow that without question, but we are now being given the opportunity, through the Wright Committee proposals, to question that seriously—perhaps for the first time.



I do not mean that the Government should not get their business. I am clear about that, as was the Wright Committee. We introduced stringent safeguards, up to and including the nuclear weapon enabling the Government to vote through the business statement if they ever felt the slightest bit challenged. It is not a weapon that we give the Government gladly, but it is there if they want to take it up. However, the Government getting their own business need not mean that Parliament cannot be properly involved and consulted on its own agenda. The Backbench Business Committee proved that that can happen without civilisation collapsing. The Political and Constitutional Reform Committee that I chair will report on that issue soon, and it is no secret that we shall try to propose ways forward—being co-operative, and being partners in the process—that will not make the Government anxious. Parliament might be the emaciated pet mouse of the 800 lb gorilla of Executive power, but we are ever conscious of how sensitive and highly strung our master is, so our proposals will not be too frightening—I say that to all Front Benchers listening attentively everywhere.

There is a lot more unfinished business beyond that of the House business committee. The Chair of the Intelligence and Security Committee is still not elected effectively and properly, for example. We are grown up enough, as many democracies are, to elect our own person. It beggars belief in this day and age that we are treated like children incapable of making decisions on such sensitive matters. My hon. Friend the Member for North East Derbyshire might want to say more in her contribution, but timetabling Back-Bench business for Thursdays lowers its status. A number of Members take the opportunity to go early. If we were properly respected, much, if not all, of that business would be taken at times when we could guarantee greater attendance in the House. That needs to be examined so that we can do that job properly.

[Mr Allen]

There is a nuance in the debate on votable motions for Back-Bench business. In setting up the Backbench Business Committee, I certainly felt that we did not want to frighten the Government, and I was not in favour of votable business from the Backbench Business Committee. That now needs to be reconsidered, however, and I am sure my hon. Friend the Member for North East Derbyshire, who chairs the Committee, will mention that, too.

One area where we could perhaps make immediate progress is on having more votes on the recommendations of carefully put together, impartial Select Committee reports. The Select Committees of this House, which are now not the creatures of the Whips but are elected independently, should be capable of speaking for the House and making recommendations on policy, with some of the key recommendations heard on the Floor of the House. I hope we can take that matter further as part of the unfinished business of Wright.

[Mr Bone]

Is not one of the problems the fact that the Backbench Business Committee, under the excellent chairmanship of the hon. Member for North East Derbyshire (Natascha Engel), started off very well but that the Whips then got to work? The Whips did not give the Committee dates in advance, and they gave fag-end days when they did give dates—the last day of term or Thursdays. The new doctrine the Whips have invented is that, when a votable motion is carried, the Government can ignore it. The Executive are carefully downgrading something that was working very well.

[Mr Allen]

I am conscious of trying to make this new creation both effective and sustainable, and the hon. Gentleman tempts me to stretch the elastic a little. My fear is of breaking that elastic in the first couple of years of an innovative Select Committee, but I think now is the time to reconsider such things. He makes his point wisely and with great passion, as he is known to do.

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[Mr Peter Bone (Wellingborough) (Con)]

It is a great pleasure to serve under your chairmanship, Mr Crausby. I congratulate the hon. Member for Nottingham North (Mr Allen) on a powerful speech. I entirely agree with its content, so I shall go a little—in fact, a lot—further and faster. I think that his reluctance to do so is due to the fact that unfortunately, he has spent a bit of time in the Whips Office, which does something to dent the spirit.

When I first came to the House in 2005, I had a whole mound of mail, which I spent most of my time throwing in the bin. I opened an envelope, and there was a little book signed by the author, Graham Allen. It was an interesting book about the relationship with the Prime Minister: was he now actually the President? I could not put it down, and I have treasured it. It was nice to get it, but it was also a well-argued book.

One of the debates that the book raises is whether we should have separation of powers and an Executive that is completely independent of Parliament. On balance, I think that is a bad thing, because we have the wonderful opportunity, even if only on a Wednesday now, to ask the head of the Executive questions. There are still advantages to how our system works. However, the problem is that people in opposition who want to be in government or become Prime Minister can analyse things correctly and sensibly. When the current Prime Minister was in opposition, he produced a wonderful speech called “Fixing Broken Politics”, which I urge every Member to read. Everything in it is right. He decided how he was going to correct things. He is now Prime Minister, and none of those things have been corrected. I argue that in many cases, they have got worse.

There are a lot of things that we could easily do to bring Parliament back, even just a little. We can only move the pendulum back a bit at the moment, but one simple thing that we could do is restore Prime Minister’s questions to twice a week, and have one occasion on a Thursday. At the moment, Members come down late on Monday for a vote in the evening, and on Wednesday evening, after Prime Minister’s questions, they want to go. One thing that I have never understood is why so many Members work so hard to be elected and come to this place when, once they are here, all they want to do is get away from it. It is an extraordinary state of affairs. Regrettably, this debate is not particularly well attended. It should be packed. This is what parliamentarians should care about.

[Thomas Docherty]

May I suggest to the hon. Gentleman that what we lack in quantity we make up for in quality?

[Mr Bone]

As the hon. Gentleman and I recently slept together—[Laughter.] I must explain that a little; it was an attempt by the hon. Gentleman, my hon. Friend the Member for Kettering (Mr Hollobone), who is in the Chamber, another colleague and me to take a little power back from the Executive. We spent four nights sleeping outside the Table Office, so that we were first in the queue for presentation Bills. We presented about 50 Bills last week; we took that power away from the Executive, so that we could introduce Bills. One of the Bills that I introduced was for an allowance for married couples, which I did not realise that the Chancellor was to take up this very week. In a small way, doing such things achieves something, although it is ridiculous that we have to spend four nights sleeping in a small attic room to take a little power back for Parliament.

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

The hon. Gentleman and my hon. Friend the Member for Dunfermline and West Fife (Thomas Docherty) look at the minutiae of how things might get done, but what about the broad idea of considering private Member’s Bills on Wednesday afternoons, rather than on Fridays, so that Members do not have to disengage from their constituencies and stay here for matters that are prioritised by those who are in the ballot?

[Mr Bone]

I take the hon. Gentleman’s point. I would argue differently. Absolutely, we need to reform how private Member’s business is done. I do not like the idea of, in effect, reducing the amount of time Members are in Parliament, so I like sitting for 13 Fridays a year. We do not sit that often in the House, and I do not want to consider private Member’s Bills on a Wednesday if that means no one is here on a Friday.

If someone has a really important Bill, which the Member wants to get through but the Executive does not want to put on the agenda, it is incumbent on that Member to get other Members to feel passionately enough to turn up on a Friday. That is one of the hurdles that we should have to overcome; it should not be easy to get a private Member’s Bill through, but it absolutely should be possible, and it should not be possible merely to talk it out, as happens at the moment.

I do not want to speak for long, because other eminent Members wish to contribute, but I will run through some of the things that annoy me about how the system works. One is programme motions. When the Conservative party was in opposition, we routinely opposed programme motions; we thought they were the worst things because they reduced scrutiny, as happened to a terrible degree under Prime Minister Blair’s reign. Yet what have we done? We have come into power and made it 10 times worse. Every single thing, even if it is an amendment to the Scottish provisions for something or other, is timetabled, which is patently absurd. An important issue will be timetabled to such an extent that some of the amendments that we want to debate on Report will not be reached.

I tabled an amendment to the Marriage (Same Sex Couples) Bill, for example, proposing a referendum, but it was not discussed, because it was not reached in time. When a controversial issue is due to be discussed, it is a sure bet that there will be two statements on the same day, reducing the time even further. If statements are made, we should be able to go through the moment of interruption on a timetabled motion and add on the amount of time taken by the statements.

I would move away from programming; the House is quite capable of running its own affairs. We would not be sitting to 4 o’clock in the morning every night, but if an issue needs proper discussion, we should let it be discussed; if Members want to be here, let them. I do not understand how we have allowed the Executive to make the House of Commons so ineffective that we do not scrutinise Bills properly. Without the House of Lords, most of the Bills would not get the proper, detailed scrutiny that is desired. I would get rid of programming at a stroke, which, in opposition, the Prime Minister indicated needed to happen.

The hon. Member for Nottingham North talked about only the election of Chairs of Select Committees, but we need the election of all Chairs of all Committees. Why on earth can we not do that? Why on earth does the Chair of the Statutory Instrument Committee, for example, have to be appointed? He or she could be elected.

Some key Committees absolutely need to be elected. The Committee of Selection is a farce; it is appalling that the Whips try to appoint its Chair. Earlier this year, we blocked an attempt to throw out the current Chair, but in general that Committee needs to have members elected by the whole House, and it should then do the proper job of selecting the membership of Committees and choosing Members who are interested in the Bill to be scrutinised. That would make a huge difference to how we work.

The Backbench Business Committee has done a tremendous job, and we are lucky to have its Chair, but the Whips are slowly undermining it—there is no question about that. We can have a vote on something in the House of Commons, but the Government might have said to their Members, “Please don’t turn up and please don’t vote.” It is not only the Executive who are wrong about this; the Opposition, or shadow Executive, also do not want to change anything, because they are planning to get into power and to behave in exactly the same way. That is one of the saddest things about how parliamentary democracy works at the moment.

We need a proper business committee, which should run the House on the basis of the Jopling priorities. The Government should have enough time to get their business through, but equally the Opposition should have enough time to scrutinise that business, and Back-Bench Members should have time to bring forward their own proposals. That is what we desperately need. I am agnostic on whether we keep the Backbench Business Committee separate or roll it into the business committee, but a committee for the business of the House must be introduced.

[Mr Allen]

I have heard evidence on the matter, and no one now wishes to change the Backbench Business Committee and roll it into a business committee. That was a thought in the original Wright Committee report, but experience has taught us a better way to do things—separately, electing both Committees.

[Mr Bone]

I am grateful to the hon. Gentleman for making that point, although he may hear one such wish, because I am not sure yet. I do not trust the Government or the shadow Executive on the subject. I think that they will say, “Because the Backbench Business Committee is great, that is doing Back-Bench business. The other committee, therefore, must be for the Executive”—a business committee would be an Executive one. That is the danger.

If we have a proper committee for the business of the House, it should have no members of the Executive or shadow Executive on it, it should be elected by the House and it should produce a timetable that is amendable and can be voted on—that might go a little further than the hon. Gentleman intended. That is the real way to do things. We are a grown-up place; if we are to be a Parliament, that is how it should work. Otherwise, perhaps we should go completely the other way and have separation of powers. At the moment, however, we have a pretend Parliament on so many different issues. It breaks my heart that, with rare exceptions, Parliament does not bite back.

Recently, we have had two good examples of how Parliament does and does not work. On same-sex marriages, because all the party leaders and their Front Benchers agreed with it, the Bill was rammed through Parliament without proper debate, and many amendments were not even reached. That was completely what is wrong with Parliament. The week before, we had the amendment to the Queen’s Speech, arising from a revolt among Back-Bench Members that had resulted, unbelievably, within the week, in the Government completely changing their policy on an issue, because Parliament had said, “This is what we want to happen.” We need more of that, and less of stuff being rammed through.

There is so much we can do, but I am disappointed, because I do not think we will achieve any of it. The Deputy Leader of the House will give us a wonderful explanation of why we have not had the business committee in three years. It will be an absolutely wonderful explanation and it will be, of course, total rubbish, because I know the reason why we have not had that committee. I know what the Government care about because of where I sit in the House of Commons. You probably know, Mr Crausby, that I sit on the second Bench, behind the Ministers and the Whips. Any time there is discussion of the business committee of the House, the Whips, including the Leader of the House and Chief Whip, say, “Over my dead body!” I assume that that is what the Deputy Leader of the House will tell us. The Whips are completely opposed to the idea of a business committee of the House—it is just not going to happen.

[Thomas Docherty]

The hon. Gentleman must have misspoken. Surely the Chief Whip could not have said, “Over my dead body” because it is on the record that the Chief Whip was a huge enthusiast in his previous job for a business committee and surely he cannot have changed his mind now that he is a Whip.

[Mr Bone]

Was that before he became the Government Chief Whip?

[Thomas Docherty]

Yes.

[Mr Bone]

I think we have answered the question then. It is a wonderful piece of magic that these things happen when people change their position. Having said that, however, if I was sitting on the second Bench on the opposite side of the House of Commons, the Labour Whips would be saying exactly the same as the Government Whips, and that is the problem. It is not as if the Opposition are pushing for a business committee; they are not. The Opposition are muted—they say nothing—and I am really sad about that. I hope that what the hon. Member for Nottingham North has said today highlights the problem and I also hope that colleagues take it up. There may be a window of opportunity at the beginning of the next Parliament, but at the moment I see that we are going backwards rather than forwards.

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[Tom Brake]

I thank the hon. Gentleman for gently throwing the gauntlet back at me and I look forward to receiving that report, to which we will give considerable attention on publication. He also referred to the importance of pre-legislative scrutiny and said that it should be central to the business of Government. I agree, but there will always be circumstances in which that is not possible due to timing.

To some extent, the hon. Member for Wellingborough shared the apocalyptic vision of our failing democracy. I am glad that he explained why he had been sleeping with the hon. Member for Dunfermline and West Fife (Thomas Docherty). I welcome the Sunday columnist’s suggestion that the hon. Member for Wellingborough might be a Liberal Democrat plant, campaigning on behalf of the Liberal Democrats within the Conservative party by pushing an agenda that includes restoring the death penalty. I congratulate him on his commitment to raising such issues and on trumping the Government in securing time to highlight things that he wants to address. He referred to the Committee of Selection. The Procedure Committee is looking at elections to that body.

[Mr Bone]

I am delighted that I can do anything to help the Liberal Democrat party, because it needs help. Is the hon. Member for Dunfermline and West Fife (Thomas Docherty) right? Have the Government dropped the idea of bringing in a House business committee? Why are we still in the third year of the Parliament? I reckon it is the fourth year.

[Tom Brake]

I thank the hon. Gentleman for that intervention. If he looks at the evidence the Leader of the House gave to the Committee chaired by the hon. Member for Nottingham North, he will see that the Government have accepted that we were unable to deliver the commitment within three years set out in the coalition programme. Part of the explanation for that is that the tests to which I referred, which the hon. Member for Nottingham North says will be met in the report he will soon publish, have not been met by any proposals so far.

The right hon. Member for Oldham West and Royton shared the significant concerns about the House business committee not being delivered. I am sure that he will welcome the fact that explanatory statements will be provided for amendments. I agree that they are essential for Members to understand what is happening in this place. He will also welcome the “Good Law” initiative, which seeks to make laws clearer, so that Members will be able to understand them more easily. I am sorry that the hon. Member for Kettering (Mr Hollobone) was able to make only a short contribution, but I welcome what he said on e-petitions. The Government are willing to look at them and ensure that the House has responsibility for them. E-petitions are under active consideration. I thank the hon. Member for Dunfermline and West Fife for his support—I think—for some proposals that the Government are putting forward.