Wright Committee

Philip Hollobone Excerpts

Tuesday 2nd July 2013 Westminster Hall

[Mr Philip Hollobone (Kettering) (Con)]

I am following the hon. Gentleman’s speech with great interest, and he is making a powerful case. Page 27 of the coalition agreement, which brought the present Government to power, says in black and white:

“We will bring forward the proposals of the Wright Committee for reform to the House of Commons in full—starting with the proposed committee for management of backbench business. A House Business Committee, to consider government business, will be established by the third year of the Parliament.”

Why does the hon. Gentleman think the Government have not fulfilled their pledge, which is written in blood in the coalition agreement?

[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 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 Hollobone]

I am enjoying the hon. Gentleman’s speech immensely. He is making a good point about Thursdays, but of course it is not the whole point. In the early days, Back-Bench business on Thursdays often had a votable motion, and the attendance proved to be large, the votes were well supported and the debates much enhanced.

[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.

--- Later in debate ---

[Mr Meacher]

Yes, but it is also true that when more controversial issues are discussed—although the great advantage of the Backbench Business Committee is that a lot of issues that would never arise in the House, but are of great interest to a significant proportion of the public, are debated—as the last vote is often on Wednesday at 7 pm, those debates are not sufficiently well attended to secure a vote that would properly reflect the balance of the whole House. Of course, many Members depart for other commitments on a Wednesday. That is their choice, even if many of us think that they should not do so, but the temptation to do so, because of the organisation of the agenda, is considerable.

Private Member’s Bills are largely marginalised because they are confined to Fridays, when most MPs are in their constituencies, and there is a high voting bar to secure Second Reading. Such Bills are also subject to severe time constraints, and they can be readily squeezed out due to filibustering on prior Bills taken the same day.

The Report stage of Bills is crucial, but it is often a caricature of scrutiny: inadequate time is allotted to consider extremely important issues; many Members—I will return to this point—are not properly informed about what they are voting on; and many significant amendments are simply not reached at all. Equally, Lords amendments, which generally focus on issues that are not only the most controversial, but the most important, are frequently not given the time and consideration that they clearly deserve. Given the time pressure, less important business is often given a measure of priority that could be challenged.

All those drawbacks and deficiencies could begin to be redressed by the principle of a votable agenda. I repeat that the Government would still command a majority in the House, but they would have to listen much more carefully to the strongly held views of Members, particularly when there was a consensus between the Opposition and Government Back Benchers. Crucially, it would introduce transparency into setting the agenda, which could involve all Members, not simply Front Benchers engaged in discussions through the usual channels behind the scenes.

The Wright Committee envisaged that the votable agenda motion would supersede Thursday’s business questions, and that it would be subject to debate and amendment, with the Speaker having the right to select and group amendments as happens now with other business. If an amendment was selected, it could be debated for up to 45 minutes, with time-limited speeches of perhaps five minutes. If no amendment was tabled, there could of course still be a question and answer session, which would be similar to what happens now.

Clearly a votable motion could be presented by the Leader of the House and amended via the formalities of open debate on the Floor, followed by a Division. However, the whole process of agreeing the business agenda—agreement is the key point—is likely to be far better negotiated, in a more inclusive and participative manner, if there have been detailed discussions between representatives of both the Executive and the legislature beforehand. Surely all Members must agree that openness is key to achieving better democratic accountability. Regular meetings—perhaps weekly—between both sides, in the forum of a House business committee, are much more likely to secure the outcome that the management of Government business is a genuinely shared process that is not subject to hidden traps that the House discovers only later, at considerable cost, as happens all too often at present. The object of the exercise is not in any way to aggravate the Executive or to contest votes, but to build a consensus. It is about involvement in the actual decision making for the scheduling of Government business, not merely the scrutiny of decisions already taken.

I shall say a quick word about how the House business committee might work, as several questions need to be settled. First, it should not pre-empt, incorporate or supersede in any way the excellent work of the Backbench Business Committee, which has been referred to strongly in the debate. That Committee has an entirely separate function and, by general consent, has fulfilled it extremely well. It has established the right of Back Benchers to debate issues that otherwise might never have been debated, which often does not accord with the wishes of either Front Bench team. That should continue and not become confused with the very separate role of specifically scheduling Government business.

Secondly, if the House business committee is not to be the usual channels writ large, it should not be chaired by either the Government Chief Whip or the Leader of the House. Since the essential characteristic of the chair should be exercising a non-partisan role, the obvious person to chair it would be the Speaker.

Thirdly, the membership of the House business committee—of course, considerable discussion of this issue is needed—should be equally balanced between the legislature and the Executive. In a Committee of 15 members, for example, the Executive could choose its own seven representatives, while the other seven might be composed of, say, three chosen by the Opposition parties and two elected by Back Benchers—in other words, excluding Front Benchers—with two ex-officio members, whom I would suggest could be the Chairs of the Liaison Committee and the Backbench Business Committee.

Fourthly, the secretariat would have to be provided both by the seconded civil servants who work for the Executive and by the Clerks whose broad role is to support Parliament in holding the Executive to account. Any disputes between them would have to be settled by the House business committee itself.

I want to make another key point very quickly. An utterly essential and fundamental way of improving the scrutiny of Government legislation is to ensure that Members have a clear and readily available opportunity to ascertain exactly what they are being asked to vote for when amendments or new clauses are considered in Committee and on Report. At present, especially on Report, Members who have not participated in the Bill’s Committee stage often do not know, or have made little effort to find out, precisely what they are voting for. Many times, when the bell rings and, like everyone else, I troop down the escalator through to the Palace, I turn to whoever is standing beside me, of whichever party, and ask, “By the way, what are we voting for?” Perhaps a third of Members shrug their shoulders. Another third say, “Oh it’s the Social Security Bill,” and when I ask, “Yes, but what exactly are we voting for?” I doubt that more than one or two Members actually know. I am guilty of that too—I am not being holier than anyone else, but that seems to be a huge failing.

This is a matter of great significance because Report is often the only real opportunity—especially if the Minister and Government Whip have kept the Committee stage of a Bill on a tight leash—for the House to modify a Bill. The debates on Report are usually focused on important issues about which the public hold strong views. It is a reasonable assumption that if the public were aware that matters of considerable importance to themselves were treated in such a cavalier fashion by many Members, if not most, and that they vote blind without even knowing what they are voting for, there would be a huge outcry that Parliament was abusing its proper functions.

If a Member is diligent—and some are—it is necessary to obtain a copy of the Bill, a copy of the amendments and, on the day of consideration, a copy of the grouping of amendments selected by the Speaker. Of course, a number of Members with a particular interest will do that but, in most cases, they will be in the minority. In the absence of obtaining the necessary documentation, applying it to understand the point at hand, which is quite difficult, and reaching a considered view—perhaps after taking account of arguments advanced by letter or e-mail from interested individuals or organisations—the default position is for Members to troop in, see on which side their Whips are standing, and just follow them into the Lobby like sheep.

Even if a Member took the trouble to get and read the relevant documents, however, it is often difficult for someone who has not been following a Bill closely to understand precisely what an amendment is designed to do. Some amendments—even important ones—may seem obscure to someone who is not familiar with the underlying arguments behind a Bill, and I think that that is a very serious flaw.

A key proposal to remedy that problem from the Wright Committee and the Parliament First all-party group, which I chair, is that every amendment or new clause tabled by the Government, the Opposition, the smaller parties or individual Back Benchers should have a short statement attached to it of no more than 50 words that explains the measure’s purpose. Those statements would be set out on the amendment paper, and one would appear at the bottom of every amendment.

Let me turn, for one minute, to the objections to that proposal—apart, of course, from those of the Whips, whose control over every aspect of the parliamentary process might begin to be questioned more. The only objection raised, as far as I know, is that while the Government have their civil servants to deal with amendments and to provide explanatory statements, the Opposition do not have the same resources, and adding a requirement for explanatory statements would impose too great a burden. To put it simply, I think that that is utterly untenable. It takes a great deal of time to get to grips with a new Bill, to consult outside experts over all its detailed aspects, to identify areas in which modifications need to be sought and to draft amendments in an acceptable parliamentary form. However, once all that has been done, drafting a short statement that distils the essence of the amendment would take no more than seconds. I hope that explanatory statements, as well as the House business committee, are something that the Government will look on favourably and introduce quickly.

[Mr Hollobone]

rose—

[Mr David Crausby (in the Chair)]

Order. I want to call the first Front Bencher at 10.40 am, so I call Mr Hollobone to make a very short speech.

[Mr Philip Hollobone (Kettering) (Con)]

Thank you, Mr Crausby. The establishment of the Backbench Business Committee, under the outstanding chairmanship of the hon. Member for North East Derbyshire (Natascha Engel), has been a tremendous success and the outstanding advance of this Parliament. Gone are the days when the Chamber is empty for debates chosen by the Government. Whether the motions are votable or not, Back-Bench business debates attract keen interest, and the public want to see Parliament busy.

The Backbench Business Committee shows that Parliament can run its own affairs, which is why a House business committee should be established along the lines that hon. Members have indicated this morning. E-petitions need to be taken away from Her Majesty’s Government and given to Parliament. After all, the big green bag that sits on the back of the Speaker’s Chair is Parliament’s big green bag, not the Government’s.

The Committee of Selection needs to be elected by the whole House and its hearings need to be held in public. Hon. Members need to present themselves in front of the Committee, under the scrutiny of TV cameras, to justify their place on a Bill Committee.

This is my personal favourite. If we can hold the Executive to account, it does not matter where in the Chamber hon. Members sit. They should be able to sit on either side of the House, because Parliament’s function is not primarily to represent one’s party; it is to hold the Government to account on behalf of the constituents who elect us all.