Private Members’ Bills: Money Resolutions

Peter Bone Excerpts

Monday 21st May 2018 Commons Chamber

[Afzal Khan (Manchester, Gorton) (Lab)]

I beg to move,

That this House has considered the expectation that the Government brings forward a Money resolution relating to a private Member’s bill which has received a second reading.

Five months on from Second Reading, the Government have yet to bring forward a money resolution on my private Member’s Bill, the Parliamentary Constituencies (Amendment) Bill. This is an abuse of Parliament. The Government are making a mockery of the private Member’s Bill process. They are defying the will of Parliament and going against explicit commitments given to a Select Committee. These are the actions of a weak Government who are hiding behind procedure to avoid a vote they know they cannot win. We will not stand for it. We will fight for democracy, and we will always fight for what is morally and ethically right to serve our people.

It is an established parliamentary convention that the Government bring forward a money resolution on private Members’ Bills that have received a Second Reading. Until recently, the Government largely followed this convention; they are now running roughshod over it.

In 2013, giving evidence to the Procedure Committee when he was Leader of the House of Commons, Andrew Lansley said:

“To my knowledge, Government has provided the money resolutions…whenever we have been asked to do so.”

The Procedure Committee’s 2013 report therefore concluded:

“Government policy is not to refuse a money or ways and means resolution to a bill which has passed second reading.”

During debate on the money resolution for the Access to Medical Treatments (Innovation) Bill, the hon. Member for Mid Norfolk (George Freeman), as Parliamentary Under-Secretary of State for Life Sciences, clearly stated

“I just want to confirm that once the House has given a private Member’s Bill a Second Reading, the convention is that the Government, even when they robustly oppose it, always table a money resolution… Doing so is not a signal of Government support; it is absolutely in line with the convention of the House with all private Members’ Bills, whether we oppose or support them.”—[Official Report, 3 November 2015; Vol. 601, c. 926.]

[Mr Peter Bone (Wellingborough) (Con)]

I am following the hon. Gentleman’s speech with great interest and I agree entirely with it so far. Does he agree that the Government must table a money resolution, although they do not have to vote for it?

[Afzal Khan]

Absolutely. I agree with the hon. Gentleman that the Government can table the money resolution but not then have to agree with it.

The Government have changed their line. Last week, the Leader of the House said:

“money resolutions will be brought forward on a case-by-case basis as soon as possible.”—[Official Report, 10 May 2018; Vol. 640, c. 894.]

There is clear water between saying the Government will always table a money resolution and saying that this will be considered on a case-by-case basis. What has changed since 2015? We have had the disastrous 2017 election, when the Government lost their majority.

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[Mr Bone]

My right hon. Friend is a superb Leader of the House. Of course she makes our representations to the Government, but unfortunately the Government do not necessarily agree. A money resolution should have been provided for the referendum Bill; two wrongs do not make a right.

[Andrea Leadsom]

I always listen very carefully to the views of my hon. Friend, but I am afraid that I must again draw all hon. Members’ attention to the fact that, as set out in “Erskine May”, it is for the Government of the day to initiate financial resolutions, of which this is one.

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[Pete Wishart]

I have to tell the hon. Gentleman that I was very impressed with his skills in the Scottish cup final the other day. His recovery technique was absolutely superb. It was the highlight of the game for me. I can also tell him that my mailbag is absolutely full of all types of suggestions for private Members’ Bills that people find favour with, and I am pretty certain that the hon. Gentleman will have had the same experience.

I have another solution to the Government’s approach: if they do not like a Bill, they should come to the House and explain why they do not like it. They should not hide behind process and procedure. They should not try to block these Bills simply because they have the means and the capability to do so. They should argue their case on the Floor of the House. I happen to think that the Government have a case when it comes to the Bill promoted by the hon. Member for Manchester, Gorton. They tell us that a boundary review is under way, and yes, of course it is. The House seemed to back it, but the Government did not get a majority in the last election. I think that the Leader of the House has got that one wrong. But let the Government bring their argument for not progressing the Bill to the House where we can debate it. If they have their way, and majority is in favour, that is what the Government will do. However, if they do not get their way, and if this House clearly tells them that it wants to pursue a different approach, the Government should listen to that and respect that decision. Democracy starts with respecting the wishes of this House, and we are getting into dangerous territory when that is so casually overlooked. Let us get back to making sure that when this House speaks, the Government respond and act on that clear decision.

I want to say a bit more about the Bill promoted by the hon. Member for Manchester, Gorton. It is an important Bill that I personally support. I spoke in the debate on the previous Bill that Pat Glass was trying to take through Parliament. The critical feature of this Bill is to defend the number of Members of Parliament in this House. Is it not something else when, over the weekend, extra unelected Members of the House of Lords were created? Is it not something when this Government want to cut the number of directly elected Members of Parliament while increasing the number in that absurd circus down the corridor? Apparently, this is all because they are embarrassed by the successive defeats that they have suffered at the hands of the House of Lords. Apparently, they are not the right type of legislators, so the Government are going to appoint the right type of legislators. Is that not utterly absurd?

[Mr Bone]

The first half of the hon. Gentleman speech, when he was talking about the money resolution, was great. On his later point, however, I understand that my party has created seven or eight peers, yet only one of them is a Brexiteer.

[Pete Wishart]

I can sense the hon. Gentleman’s pain as a result of all this.

I have seen a petition signed by 150,000 people across the country who are calling for the abolition of the House of Lords. I have listened keenly to the hon. Member for North East Somerset (Mr Rees-Mogg), who has now started to suggest that there is something perfidious about the nature of the House of Lords. He now has doubts about its constitutional role. I think that the Government are on their last legs when it comes to this. Perhaps there is a coalition across this House that might be able to deal with this question adequately. There are only 22 countries across the world that have a Chamber like the House of Lords. In having a fully appointed Chamber, we are in the company of the Russias, the Madagascars, the Omans and the Saudi Arabias. That profoundly embarrasses this country, and it has to be addressed. How dare we have the gall to lecture the developing world about the quality of its democracy when we have that absurd institution down the corridor?

I want to say something ever so gently and I hope in a friendly way to my friends in the Labour party: what on earth are they doing appointing Members to that absurd circus? They are just as culpable as the Government when it comes to putting more people into that absurd institution. Comrade Lords are taking their places with the nation’s aristocrats, party donors, bishops and failed politicians, and backing the sound socialist values of deference, knowing your place, forelock-tugging and the hereditary principle. Well done the Labour party! Is that not something else to be proud of? Until they stop putting people in the House of Lords, they are no better than the Conservatives.

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[Chris Skidmore]

As we know, the current rule will mean there will be 650 and it will remain that way. It is a disgrace that, as my hon. Friend the Member for Harwich and North Essex (Mr Jenkin) said, we are still using demographics going back to February 2001 for our general elections. I was 18 when that last boundary review was passed and, historically, we have never been in this position before—this is unprecedented. We have gone far past the situation of the 1970 decision to delay the 1958 review, and the current delay is unacceptable. Constituencies near that of the hon. Member for Rhondda (Chris Bryant) have historically been small. For instance, Arfon has 38,000 constituents whereas North West Cambridgeshire has 95,000. It is unacceptable that when it comes to our parliamentary representation—

[Mr Bone]

This is an interesting debate on boundary reviews, but may I ask my hon. Friend what on earth it has to do with a money resolution for a private Member’s Bill? Is he in favour of that being laid tonight or not?

[Chris Skidmore]

No, simply because, as I have stated, it is right that we allow the boundary process, which is only 14 weeks from completion and the Order in Council being laid, to carry on unhindered. Those independent civil servants deserve Parliament’s support. They deserve our providing consistency and not mucking around with this process once more. They deserve the opportunity to have this vote, as do our constituents who voted, through manifesto processes in 2017 and 2015, to restate the case for a reduction in the number of parliamentary constituencies. Whenever that vote takes place between 1 September and 1 October, I ask every Member of Parliament who is going through the Lobby to think about how they are going to vote. Our constituents are not going to thank us if we turn around and say we want to increase the number of MPs and that we think it is totally fine that we have 650 Members of Parliament, whereas in France Emmanuel Macron is claiming that 550 representatives are too many and he wishes to cut that number by a third.

In my local authority of South Gloucestershire, residents voted for a ticket whereby the Conservative council administration has successfully taken forward a local government boundary review reducing the number of councillors by 10%, from 70 to 63. That is right because it is cutting the cost of politics and we should also do that in this House. In the vote, Members should look themselves in the mirror and think, “Do I wish to be an MP who has to turn around and say to my constituents that I voted to protect my job and a bureaucracy, when Chambers across western Europe are looking in the other direction and reducing the number of elected representatives?”

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[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

I am going to talk about the constitutional point in relation to money resolutions, rather than the virtues of the private Member’s Bill of the hon. Member for Manchester, Gorton (Afzal Khan), and about the difficulty related to that Bill being a private Member’s Bill. In promoting his debate earlier, the hon. Gentleman said that the situation was democratically quite improper, that the procedures were being ignored, and so on and so forth, but that seemed to me rather to ignore the point that it is usually the practice of this House that the Committee stage of a constitutional Bill is considered on the Floor of the House, just as the Act that the hon. Gentleman’s Bill seeks to amend was. After Second Reading, the hon. Gentleman did not, as he was entitled to—as it happens, as I have done on several occasions—move that his Bill should be put before a Committee of the Whole House, which would have been the correct procedure for a constitutional Bill.

In respect of the money resolution, we are dealing with the most ancient practice of this House and of the constitutional division between the Crown, as represented by Ministers, and the responsibilities of Parliament. Although in this country we do not have as formalised a separation of powers as they have in the United States, none the less we have a separation of powers between that which is done by Ministers and that which is done by this House. What is the role of the House historically? It is to seek redress of grievance and to achieve that redress of grievance by preventing the Government from getting or spending money, or by forcing the Government to change the law to implement that redress of grievance. It is not and never has been the role of this House to seek to force the Government to spend money; the House has always responded to requests to do that.

Therefore, we turn to chapter 32 of “Erskine May”, on page 711, where things are set out extremely clearly. Under the title “Financial Relations Between the Crown and Parliament”, it says:

“It was a central factor in the historical development of parliamentary influence and power that the Sovereign was obliged to obtain the consent of Parliament (and particularly of the House of Commons as representatives of the people) to the levying of taxes to meet the expenditure of the State. But the role of Parliament in respect of State expenditure and taxation has never been one of initiation: it was for the Sovereign to request money and for the Commons to respond to the request. The development of responsible government and the assumption by the Government of the day of the traditional role and powers of the Crown in relation to public finance have not altered this basic constitutional principle: the Crown requests money, the Commons grant it, and the Lords assent to the grant.”

Then there appear in “Erskine May” the rather dubious words “In more modern terms”, before it goes on to say that

“the Government presents to the House of Commons its detailed requirements for the financing of the public services; it is for the Commons, acting on the sole initiative of Ministers, first to authorize the relevant expenditure (or ‘Supply’) and, second, to provide through taxes and other sources of public revenue the ‘Ways and Means’ deemed necessary to meet the Supply so granted.”

[Mr Bone]

I do not disagree with anything that my hon. Friend says, but he refers to the situation for Government legislation. When it is a private Member’s Bill, the convention and tradition of this House, which I hope my hon. Friend supports, is that a money resolution is laid. That does not mean that the money is granted; that is up to the House to debate and then divide on. Does he not accept that point?