House of Commons Disqualification (Amendment) Bill

Philip Hollobone Excerpts

Friday 9th September 2011 Commons Chamber

[Mr Bone]

Time is limited but I will address that later if I get to it.

This is not an attempt to denigrate or try to get rid of individual Members or right hon. Members of Parliament who are Whips at the moment. Almost without exception, they are talented, thoughtful, hard-working Members of Parliament who would be better employed as Executive Ministers in the Government, as shadow Ministers or on the Back Benches scrutinising the Executive. It is a waste of their considerable talent to have them in the Whips Office. I should like to single out and praise two Whips—the Government Chief Whip and the Government Deputy Chief Whip, who have been exceptionally helpful Members of Parliament and who have certainly produced a system of whipping that is fairer, freer and better than in the previous Parliament. In my opinion, they should both be Executive Ministers and should not waste their huge talents in the Whips Office.

The problem is not with the individuals or the tone of the Whips Office but with the institution itself. One could argue that when there was slavery in the southern states of the USA, there were benign slave owners, and the tone of slavery definitely improved over the years, but that does not take away from the fundamental fact that the institution of slavery was wrong because it sought to control other human beings through various methods. Similarly, the Whips Office seeks to control the minds, actions and votes of individual Members of Parliament. That is fundamentally wrong. I would argue strongly that we have a benign set of Whips at the moment, and the tone of whipping has definitely improved considerably over the years, but it is the institution of whipping that is wrong.

Looking elsewhere, let us imagine what would happen if any other organisation, private company or individual told a Member of Parliament when to speak, what to say or how to vote. They would be hauled before the House for contempt, but that is exactly what the Whips try to do every day. They will flatter, cajole, threaten or even use blackmail to achieve this. They are a perfect example of people who believe that the ends justify the means. I have lost count of how many times the Whips have shouted or sworn at me. The institution of the Whips Office is secretive and highly efficient. It is exceptionally talented at getting what it wants.

Before I go into the detail of the Bill, I shall briefly mention a television programme that many of us have probably watched. In 1980, “Yes Minister” aired for the first time. It went on for a further four series. It is of course a satirical sitcom about a hapless Minister and Parliament, but I understand that it is also the training manual for Ministers. However, I mention the programme for one episode and one scene alone. Jim Hacker, the hapless Minister, says to his private secretary when the Division bells sound, “What’s the vote?” The secretary goes on to explain that it is about the education Bill, and continues to explain about the details of the education Bill and what it hopes to achieve. However, before he can finish Jim Hacker cuts him off and says, “No, don’t tell me about the Bill; tell me which Lobby the Whips want me to vote in. I don’t need to know about the Bill. I just need to know which Lobby I have to vote in.” That was 30 years ago, and nothing has changed over that period.

Most Members of the House, on most occasions when Division bells ring, have no idea what they are voting for. Many do not even know the basics of the Bill; they are just voting the way the Whips tell them.

[Mr Philip Hollobone (Kettering) (Con)]

My hon. Friend is making an excellent speech. Is not the fact that Members do not know which way to vote exposed whenever there is a free vote in the House and individual Members have to make up their own mind on an issue? They are standing by the doorways, not knowing which Lobby to enter—which way to vote. It shows how mechanical the system has become.

[Mr Bone]

As usual, my right hon. Friend—he should be right honourable, but he is in fact my hon. Friend—is right. We have just seen an example of that. Allegedly, Labour Members had a free vote in the Division a few minutes ago, and outside in the corridor Members were asking which way to vote. They had no idea what they were voting on. Luckily, there were some Labour Whips there, helpfully indicating which way they should go on the free vote. We have had a problem in Parliament for more than 30 years. Members of Parliament are voting, not according to what a Bill is about, but according to what the Whips say.

May I explain how most Bills go through the House of Commons nowadays? A Bill

“gets sent to the House of Commons where it’s debated without diligence—because automatic guillotines cut time short. It’s passed without proper scrutiny—because standing committees for Public Bills are stuffed with puppets of the Government. And it’s voted through without much of a whisper—because MPs have been whipped to follow the party line.

We’ve got to give Parliament its teeth back so that people can have pride in it again—so they can look at it and say ‘yes: those MPs we elect—they’re holding the government to account on my behalf.’”

[Hon. Members: “Hear, hear.”] No wonder there were cheers for that, because they are not my words, they are the words of my right hon. Friend the Member for Witney (Mr Cameron), the Prime Minister.

By stopping Members of Parliament becoming Whips and stopping Whips telling Members of Parliament how to vote, we would help to address many of the Prime Minister’s concerns; and as with so many other things, the Prime Minister is absolutely right: we need to bring power back to Members of Parliament and away from the Executive. The Bill would enact the Prime Minister’s wishes.

I have not had the opportunity to discuss the Bill with the Prime Minister, but I am sure that if he is available and my Bill goes to a Division, he will be in the Aye Lobby. One may even say that his words were uttered in the same spirit as those of Edmund Burke, that great Conservative thinker, who once said about the perfect MP that,

“his unbiased opinion, his mature judgment, his enlightened conscience, he ought not to sacrifice…to any set of men living.”

That is what we Members of Parliament should do, and it is what Parliament itself was set up for us to do. We should act on behalf of our constituents, and use our unbiased opinion and mature judgment to scrutinise every piece of legislation that comes our way so that we hold the Government to account, regardless of party politics. Burke could surely not have foreseen how hard it is today for a Member of Parliament to live up to his ideal. Sadly, all too many of us succumb to pressure from a particular set of men living: our flatterers, cajolers and bullies who make up our party Whips.

[Mr Hollobone]

I am enjoying my hon. Friend’s powerful contribution immensely. Does he agree that the better that Back Benchers do their job, the better the Executive will do their job, because we can raise the bar and hold them to account properly?

[Mr Bone]

My hon. Friend is quite right. I think it was the right hon. Member for Blackburn (Mr Straw), when he was Leader of the House in the previous Parliament, who said that there had never been a piece of legislation that had gone through the House and received proper scrutiny that had not become a better Bill as a result of that scrutiny. The thinking of the Whips—that pushing stuff through without proper scrutiny achieves the best for the Executive—is the wrong way round, because that actually results in completely the opposite.

--- Later in debate ---

[Mr Bone]

The hon. Gentleman is absolutely right. This is a totally different Parliament. There has been huge progress by Parliament and the coalition. Now is the time to press for even more reform. The one group of people who are absolutely opposed to any lessening of the Executive’s power are the Whips, because they see their whole job as getting the Executive’s business through. This is an opportunity that we should not miss and may I say, as heartily as the hon. Member for Streatham does, that I acknowledge the huge improvements that the Government have made to parliamentary scrutiny?

[Mr Hollobone]

As the hon. Member for Streatham (Mr Umunna) rightly states, Select Committees in this Parliament have more power and authority than they did in the previous one, largely because of direct elections by all Members for their membership. However, there have been retrograde steps such as the huge increase in the number of PPSs, which increases the Government’s payroll vote and reduces the opportunity for Members to scrutinise the Executive.

[Mr Bone]

My hon. Friend is correct. Although we may take two steps forward, we sometimes take one step back. The Whips Office have found it difficult to deal with the fact that their patronage has been taken away. They cannot appoint Select Committee Chairmen any more, so they have gone to a different camp and we have many more PPSs. We have probably got PPSs to PPSs—it is getting to that stage. At any time, the Government can probably rely on 150 votes in the House. I regret that control by the Executive over Parliament, and it would help enormously if it were not possible for MPs to be Whips.

Moving on to a more controversial part of an uncontroversial Bill, I shall describe the problems with the Whips Office. There is a story about a new Member who went into the Labour Whips Office and said, “Does it mean that we can’t beat people up any more?” That is probably an urban myth that has been widely cited, but there are other stories that are clearly true and are much more worrying. In fact, not a single hon. Member would deny that the Whips Office uses a whole arsenal of weapons including patronage, flattery, misinformation, which is highly effective, and the direct threatening of parliamentary careers should the unfortunate victim of their attention not comply with their wishes.

Occasionally, the operation of the Whips Office becomes public knowledge. Let us go back just a few weeks to June, when a Backbench Business Committee debate on wild animals in circuses dominated the news outlets. First, I must say that this reforming Government have set up the Backbench Business Committee which, for the first time, has allowed Back Benchers to table business in the House. We have 35 days per Session to allocate debates, which is a huge step forward in parliamentary reform. It allows better scrutiny of the Executive and allows issues that would not otherwise be heard to be debated on the Floor of the House.

My hon. Friend the Member for The Wrekin (Mark Pritchard) secured a debate on wild animals in circuses. Unfortunately, the Whips had not embraced the idea of non- Executive business or the notion that Parliament should take a view on the matter different from that of the Executive. They still tried to influence my hon. Friend with their normal bag of tricks: flattery, inducements and threats. However, my courageous and independent hon. Friend stuck to his guns and forced a change to Government policy. He said in the Chamber:

“I am not going to kowtow to the Whips or even the Prime Minister of my country on an issue that I feel passionately about and on which I have conviction.” —[Official Report, 23 June 2011; Vol. 530, c. 548.]

He also said that MPs should show “a bit of spine” and that he would not be bullied.

The result of my hon. Friend’s bold stand was that the Government caved in and allowed a free vote on his motion, which was overwhelmingly endorsed by the House of Commons. As my hon. Friend the Member for Kettering (Mr Hollobone) said, it produced better legislation as a result.