Business of the House

Rosie Winterton Excerpts
Thursday 19th January 2023

(1 year, 4 months ago)

Commons Chamber
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Penny Mordaunt Portrait Penny Mordaunt
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I thank my right hon. Friend for raising that important point. That would be a good topic for a debate. I am sure that he knows how to apply for one and that it would be well attended. Given that Environment questions is not until much later in February, I shall write to the Department on his behalf to raise his concerns.

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I call the SNP spokesperson.

Deidre Brock Portrait Deidre Brock (Edinburgh North and Leith) (SNP)
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You know, Madam Deputy Speaker, that I have had this role for only a few weeks, but I was under the impression that I would get a few more relevant answers to my questions. Instead, what I get every week is rubbish prepared lines read out by the Leader of the House—performance art, if you like—written by someone who either has no knowledge or care for Scotland and its people or whose aim is to make Scotland sound like a basket case, because cynically they know that mud sticks if something is repeated often enough, even if it is not true.

Perhaps we should have a debate on the quality of ministerial answers to questions. As a political opponent, one cannot help but be grateful for this weekly illustration of the contempt in which the Westminster Government hold our beautiful country and indeed the voters who inconveniently keep rejecting the Leader of the House’s party and supporting mine. It is almost as if our electorate can see through the drivel that they are being fed. If her aim is still to be Prime Minister for the whole of the UK—while it lasts—I am not sure whether annoying great swathes of Scotland’s people is really the way to go about it, but far be it from me to dissuade her.

May we also have a debate about unintended consequences? Just this week, a senior Minister dismissed the views of a holocaust survivor. The Government have also continued to infuriate NHS workers, rail workers, ambulance drivers, union members, trans groups, Scottish independence supporters, the Welsh Government and the Scottish Government, and shunted through a Bill that will snarl up many hundreds of civil servants in red tape—one could not make it up—simply because of their blinkered hatred of the EU. Finally, there was the decision to use a sledgehammer to crack the delicate nut of devolved relations through the use of the “governor-general” clause. If the Government keep that up, they will not have any friends left—apart from their many generous corporate sponsors.

Despite it all, I will attempt another question, because this is important. Yesterday, I was pleased to see the Government shifting their position on trans conversion therapy, but sadly they seemed to backtrack the very same day. Will the Leader of the House assure us that that she will use her good offices with her colleagues and make every effort to prevent the forthcoming Bill from being used to stoke culture wars, as her colleagues attempted recently in the Scottish Parliament? I am sure she agrees that trans people deserve nothing less.

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Penny Mordaunt Portrait Penny Mordaunt
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I am sure that I speak for all Members in the Chamber in saying how sorry I am to hear that my hon. Friend’s office has been attacked in that way; I know it has happened on numerous occasions before. Like the House authorities, I am sure, I would be very happy to assist if there is anything further we can do to deter and find the perpetrators of this horrible act.

My hon. Friend is quite right. All of us in this place have pretty thick skins, and we choose to do this job and face the dangers that come with it. But our staff should not expect such things to happen to them. I have also taken representations from staff in this place about what they have to endure from particular protesters, who are clearly protesting against us as individuals and Members of Parliament, but staff are caught up in that as well. That is quite wrong. I hope my hon. Friend will come to see me. We will see what more we can do to protect him and his staff so that they can go about their business as his constituents wish them to.

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I call the Chair of the Backbench Business Committee.

Ian Mearns Portrait Ian Mearns (Gateshead) (Lab)
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Thank you very much, Madam Deputy Speaker. I wish the Leader of the House and Members across the House “Gong hei fat choy!” for this weekend—the beginning of the year of the rabbit in the Chinese calendar, I believe.

I thank the Leader of the House for announcing the Backbench Business Committee day on Thursday 2 February. We propose a debate to commemorate LGBT History Month on that date; we are going to assess which other bid to accept for the second debate on that day. I ask Members across the House, as they did last week in numbers, to continue submitting and supporting bids for Backbench Business Committee debates, both here in the Chamber and in Westminster Hall.

In response to the earlier urgent question on the levelling- up fund, the Minister told us that over 500 bids, valued at £8 billion, had been received and that 111 bids, valued at £2.1 billion, had received awards. But those awards are one-off payments, while local authorities across the country have been stripped of about £15 billion a year in lost revenue support grant. My own local authority in Gateshead has lost approximately £180 million per year in real terms. Can we have a debate in Government time about local government finance and the total inadequacy of the council tax system to properly fund our councils and the services that our constituents desperately need, week in, week out?

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Penny Mordaunt Portrait Penny Mordaunt
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I congratulate my hon. Friend on that fantastic advert for this very important piece of work. I encourage all Members to promote that survey and the survey that the Office for Veterans’ Affairs is also running. That is a much broader consultation, but the work of the APPG that he chairs is very important because it looks in great detail at the fiscal issues which we know are of huge concern to the veteran community.

Christian Wakeford Portrait Christian Wakeford (Bury South) (Lab)
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Thank you, Madam Deputy Speaker. I will try to cause fewer fireworks than this time last year.

Radcliffe was awarded a new high school in wave 14 of the free school programme. However, having first been threatened by the then Education Secretary, it is now being delayed by an inept Department for Education. May we please have a statement or a debate in Government time on the progress of wave 14 schools?

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Penny Mordaunt Portrait Penny Mordaunt
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I thank the hon. Gentleman for raising this tragic case. I take this opportunity to thank and praise Open Doors for the work it does. I know that many Members attend that event, and it is incredibly helpful to get that picture about what is happening. Many Members are concerned about freedom of religion. The Government have championed it as well, which is why we have established an envoy on the matter. I will make sure that the Foreign Office has heard the hon. Gentleman’s comments today. Foreign Office questions is next on 31 January. I would normally encourage the hon. Gentleman to be there to ask the Foreign Secretary about the matter, but I know that he requires no such encouragement—I know that he will be there.

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I thank the Leader of the House for the business statement.

Business of the House

Rosie Winterton Excerpts
Thursday 12th January 2023

(1 year, 4 months ago)

Commons Chamber
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Penny Mordaunt Portrait Penny Mordaunt
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I thank my hon. Friend for her diligence in pointing out that loophole. I know that she was busy campaigning on this issue over the Christmas period. I suggest that the swiftest way to address the matter is to raise it at Home Office questions on 6 February, and I am sure that she will.

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I call the Chair of the Backbench Business Committee.

Ian Mearns Portrait Ian Mearns (Gateshead) (Lab)
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I wish you and Members across the House a very happy new year, Madam Deputy Speaker.

The Backbench Business Committee is very much open for business. We would welcome applications for debates in Westminster Hall which are normally on Tuesday mornings and Thursday afternoons, and applications for debates in the main Chamber which are also usually on Thursday afternoons. Applications for date-specific commemoration debates, particularly anniversaries and campaign days, are also welcome, but we ask that Members submit them well in advance so that we can get some planning in and notify the Leader of the House that those debates are coming up. A little note to make is that Thursday 26 January, which the Leader of the House mentioned would be for Backbench business, is the date we propose for the debate on Holocaust Memorial Day, which, of course, follows on 27 January.

Just over the border, in the neighbouring constituency of my hon. Friend the Member for Blaydon (Liz Twist), Orchard House Foods on the Team Valley trading estate, which employed many of my constituents, made its workforce of more than 250 people redundant just before Christmas. No workers have received any redundancy pay, and many have been left almost destitute at a very difficult time of the year. Can we have a statement from the Government on what they intend to do to protect workers from the cavalier actions of rogue employers such as Orchard House Foods?

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Penny Mordaunt Portrait Penny Mordaunt
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I thank my hon. Friend for raising this important matter, and I suggest that she also raises it on 26 January with the Department for Digital, Culture, Media and Sport directly. There are provisions for these boxes to be removed, and that should be straightforward. There is also an alternative, in that the community can buy them for £1 and convert them to another use. I shall certainly flag her concerns with the Secretary of State and ask her, if possible, to contact her office before 26 January.

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. I give just a gentle reminder that the focus is on parliamentary business, so asking for a debate or when the next questions might be is probably a good idea.

John Cryer Portrait John Cryer (Leyton and Wanstead) (Lab)
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Can we have a debate—[Laughter.] I just thought I would get that in sharpish. Can the Leader of the House give the Chamber some idea as to when we might see the White Paper on football governance? The Secretary of State said at the beginning of December that it was imminent. That was not very long ago, and I am not impugning the motives of the Secretary of State, but the Leader of the House knows as well as any of us how urgent this issue is, and many Members from all parts of the House have raised it. Can we see the White Paper in the near future?

Committee on Standards (Lay Members)

Rosie Winterton Excerpts
Monday 9th January 2023

(1 year, 4 months ago)

Commons Chamber
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Penny Mordaunt Portrait The Leader of the House of Commons (Penny Mordaunt)
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I beg to move,

That, in accordance with Standing Order No. 149A:

(1) Sir Francis Habgood be appointed as a lay member of the Committee on Standards for a period of six years, with immediate effect;

(2) Rose Marie Parr, David Stirling and Carys Williams be appointed as lay members of the Committee on Standards for a period of six years, from 31 March 2023.

I thank the outgoing lay members of the Committee.

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I call the shadow Leader of the House.

Thangam Debbonaire Portrait Thangam Debbonaire (Bristol West) (Lab)
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In view of the hour, I do not intend to detain colleagues any further. I rise to support the motion officially on behalf of His Majesty’s Opposition. I welcome the appointments of Sir Francis Habgood, Rose Marie Parr, David Stirling and Carys Williams. They come with a range of relevant experience, and they have been properly interviewed, scrutinised and tested. They are recommended by the recruitment panel, and I welcome them. I also thank the outgoing members—Tammy Banks, Rita Dexter and Paul Thorogood, as they leave us—for the significant contribution they have made.

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I call the Chair of the Standards Committee.

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Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. I need to interrupt the right hon. Gentleman, because we must take the motion relating to deferred Divisions.

Motion made, and Question put forthwith (Standing Order No. 41A(3)),

That, at this day’s sitting, Standing Order No. 41A (Deferred divisions) shall not apply to the Motions in the name of Penny Mordaunt relating to the Committee on Standards.—(Andrew Stephenson.)

Question agreed to.

Debate resumed.

Main Question again proposed.

Rosie Winterton Portrait Madam Deputy Speaker
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I call John Spellar.

John Spellar Portrait John Spellar
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Thank you, Madam Deputy Speaker. We therefore do not have that breadth of experience and understanding coming in, one could often argue, in many cases.

I do not know any of these individuals; I take the word of Members who have actually met them that they may be quite estimable individuals. However, among that particular social set, there is contempt for the political process and for politics. We can see that coming through on many occasions and in the huge delays that take place when dealing with individual cases, as though this does not have an impact on the political process, political confidence or the individuals themselves.

The reason I raise this issue particularly in this debate, as in many others, is because this attitude is now endemic in the public life of this country. Real-life experience is denigrated. Political experience is particularly denigrated. I think that politics actually is a noble profession. Politics and politicians are absolutely necessary in order for the democratic will of the people to be brought about.

Therefore, by side-lining them and taking them out of decision making, and by claiming that they are non-political, when the nature of things, the conflict in society and the resolution of that conflict are inherently political, we are saying that these matters should not be entrusted to the people who actually put themselves before the public and get their vote—it should be taken away from there. This is just an example, but so much of life in this country now is done by a small set that is self-selecting and, these days, self-perpetuating. There is increasing evidence that the chances of people coming from an ordinary family and moving up through the system are diminishing. We are seeing that in a whole number of areas in this country, such as in the arts, where the opportunities for working-class youngsters to break through in theatre or music have been much diminished.

These people not only do very nicely out of all these quangos, but do so with a warm glow from feeling that they are doing a public service. However, what they are actually doing is leading to the stratification of society, the net result of which, such as in previous debate, is that the public feel frozen out until they have an opportunity to actually say, “We think we ought to be heard.” I urge elected Members on both sides of the House to take that on board seriously. We cannot change all of this immediately, but we can deal with it within our own affairs and say that Members of Parliament should, if I can use a phrase, take back control.

Standards: Code of Conduct and Guide to the Rules

Rosie Winterton Excerpts
Monday 12th December 2022

(1 year, 5 months ago)

Commons Chamber
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[Relevant Documents: First Report of the Committee on Standards, New Code of Conduct and Guide to the Rules: promoting appropriate values, attitudes and behaviour in Parliament, HC 227; Third Report of the Committee on Standards, New Guide to the Rules: final proposals, HC 544, and the Government Response, HC 709.]
Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I inform the House that I have selected amendments (a) and (b) as listed on the Order Paper. I shall call Chris Bryant to move his amendments at the end of the debate.

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Penny Mordaunt Portrait Penny Mordaunt
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As I have outlined in my speech, the new guidance has been put in place and will come into effect this spring. By the time the Committee wants the reforms we are voting on today to come into effect, Whitehall will be back up to what it is supposed to be doing now, and I think a few months after then, as we head into summer, we should have a system in place that will enable us to report at the same timeframes as MPs’ interests. Then we can potentially look at moving to having just one system rather than separate reporting by each ministerial Department. Those are the conversations I have had with the propriety and ethics team.

The effectiveness of our standards system and the code of conduct rests on its commanding the confidence of both the public and Members on a cross-party basis. Approval of the proposed reforms and strengthening of the rules will represent an important step towards restoring and strengthening trust in our democratic institutions. We support the work being done to undertake and introduce measures to empower the standards system in Parliament, and I am committed to continuing conversations both within Government and with parliamentary colleagues to continue to bring forward any further improvements proposed by the Committee on a cross-party basis.

I assure the House that my door is always open to discuss these matters with all Members. I hope that hon. Members will approve the reforms in the main motion, which I commend to the House. I thank the Committee for its work.

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I call the shadow Leader of the House.

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None Portrait Several hon. Members rose—
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Bernard Jenkin Portrait Sir Bernard Jenkin
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My hon. Friend touches on a key change, which is that in the serious cases that come to the Committee on Standards, the commissioner will now present her findings, but will not present a conclusion. It will be for the Committee to adjudicate on the conclusion, and then for the subject of the inquiry to appeal that conclusion on various grounds to an Independent Expert Panel. That is a significant improvement, and it should significantly reduce the anxiety that Members felt about the system before.

There are only two other points I wish to make about the areas of contention. First, I argued very strongly for the changes to the descriptors of the seven principles of public life, because the bald descriptors of the seven principles on the Committee on Standards in Public Life website are difficult to translate into what we actually do as MPs. For example, selflessness—how do you become an MP if you are completely selfless? You have to advance your own interests. How do you have influence as an MP, unless you advance your own interests and you advance your publicity? Navigating selflessness as a Member of Parliament is a complicated business, and to anybody who says that it is easy to apply the seven principles of public life to all our activities, I say no. We are navigating a difficult landscape where we are constantly beset by conflicting values that we have to reconcile, and the idea is that these revised descriptors will help inform the conversation.

The idea that these descriptors will have a chilling effect on the free speech of Members is a nonsense, because the descriptors themselves have no force in the rules whatever. They simply are there for information and conversation and to help Members to think about how we apply the seven principles of public life. Indeed, any Member who has fallen foul of the rules who could argue in front of the commissioner, “Here are the seven principles of public life, and here are the descriptors, and I felt I was following these principles”, would certainly have a mitigation, in that they had thought about the principles they were seeking to uphold, but nevertheless had fallen foul of the rules. These descriptors are completely innocuous. They are designed to help Members, and I cannot for the life of me understand why the Government have decided to object to them. I do not understand the argument that my right hon. Friend the Leader of the House has presented.

We did not argue long and hard over the question of the declaration of ministerial interests. We would not be having this conversation if we had the situation described by my right hon. Friend, with timely, publicly accessible and regular declarations of ministerial interests on a par with the declarations that Members—non-Ministers —have to make as a matter of course in the Register of Members’ Financial Interests. I wish that we were not in this situation.

I have listened carefully to what my right hon. Friend has said, and I will listen further to the debate. I hope she is saying that this will be sorted out and that, in response to my earlier intervention, we will finish up with a member of the public being able to see on one register all the interests relating to that Member of Parliament, whether a Minister or not. I quite understand the anxiety about dual adjudication of the code and of the Parliamentary Commissioner for Standards. We do not want to get into a situation where—I do not think this is accurate, by the way—there is anxiety that the Parliamentary Commissioner will somehow be adjudicating on matters that are strictly for the ministerial code.

I will listen to this debate. I have added my name to the relevant amendment, but I may well conclude that if the Government need the time to sort this out, we should give them that time, and this would not be some dereliction or watering down of standards. I appreciate that the shadow Leader of the House has to make her points on behalf of the official Opposition, for perhaps not entirely selfless reasons. However, as long as we finish up with both sets of interests being declared within 30 days and the ability to have them all in one place on one website, so that any member of the public or journalist can see exactly what interests are being declared in the name of that Member, we would be in a much better place. I wish we could do that by agreement rather than by dividing the House, but I do not know that we can.

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I call the SNP spokesperson.

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Andrea Leadsom Portrait Dame Andrea Leadsom
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That—I say this slightly tongue in cheek—was the point of the amendment that was tabled last year, but nevertheless that did not happen during the debate on standards that took place then. It seems to me that we need something like the Straw Committee, which, back in the day, reviewed the way in which the processes of the House worked much more fundamentally than this review.

The one development that I genuinely think has been brilliant is the new appeals process. It was essential and has been a long time coming, and I hope it will get the balance right between just punishing MPs and trying to change the culture in this place and give people fairness.

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I call the Chair of the Standards Committee.

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Chris Bryant Portrait Chris Bryant
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I have heard the argument, “Oh, we go to lots of events that we don’t really enjoy”, but let me put this case to the hon. Member—it is not a real case, but it is a perfectly possible case. Let us say that Formula 1 invited three MPs: the shadow Digital, Culture, Media and Sport Minister; the Minister; and the Chair of the Digital, Culture, Media and Sport Committee. The event was at the weekend and the value of the hospitality was about £2,000. The shadow Minister would have to declare it. They might not particularly like Formula 1— They might be going because it is part of their work in that role. I personally cannot imagine anything worse than going to a Formula 1 event—[Interruption.] I can see that the hon. Gentleman agrees.

The Chair of the Select Committee would also have to register the Formula 1 weekend. They would have to register who had paid for it and how much it was worth, which is an important part of judging whether it might be of such a scale that it could influence a person’s decision making. Furthermore, those two people would not then subsequently be able to lobby on behalf of Formula 1. That is a really important part of the rules of the House. However, the Minister merely tells the permanent secretary that they have been on this weekend and does not register the value, and it appears many months later, even though the Minister might be the person who is making executive decisions that affect Formula 1. That is our fundamental problem.

What we have at the moment is a lesser degree of transparency and openness for Ministers who make decisions than for Back Benchers who do not make decisions. The Leader of the House has been very helpful on many of these issues and I do not have a big beef with her, although she is still yet to visit the Rhondda tunnel, but if I am honest, her arguments sounded a bit like Augustine of Hippo saying, “Make me chaste and continent, but not yet.”

There is no reason why we cannot do this. I have heard Ministers promise many things over the years—indeed, I might have promised a couple of things that never came to pass myself when I was a Minister. The easiest way for the House and for Parliament to deal with this is to go back now to the system that we used to have, then if the Government come back to us in six months’ time having sorted out ministerial transparency, they can have the exemption back. All MPs should be treated equally under the rules, just as every member of our society should be treated equally under the law, and that is why I urge all right hon. and hon. Members to support the two amendments I have tabled.

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I do not wish to curb debate at all, but this debate has to finish in about 40 minutes and I want to give the Leader of the House a good amount of time to respond. I ask colleagues to bear that in mind.

Privilege

Rosie Winterton Excerpts
Tuesday 29th November 2022

(1 year, 5 months ago)

Commons Chamber
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Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I remind hon. Members of the decision in question and of the procedure on this motion. The decision before the House is whether to refer the matter to the Committee of Privileges. It will be for the Committee to report back on whether it considers that there has been a contempt.

Although it is in order for hon. Members to refer to the issues cited in the motion, it is not in order to make general criticisms of the conduct of the hon. Member for Ochil and South Perthshire (John Nicolson) or of any other hon. Member. Good temper and moderation must be maintained in parliamentary language. Previous debates on such motions have usually been relatively short; I hope that this debate will be focused and brief. Any hon. Member who wishes to speak needs to stand at the beginning of the debate to ensure that they catch my eye.

The right hon. Member for Haltemprice and Howden (Mr Davis) has tabled a motion for debate on the matter of privilege, which Mr Speaker has agreed should take precedence today. I call David Davis to move the motion.

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John Nicolson Portrait John Nicolson (Ochil and South Perthshire) (SNP)
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At the heart of this issue, I believe, is accountability. What should happen to Members who break the rules, and how open should our procedures be? What should the public be allowed to know?

Let me say at the outset that I am very sorry that the Speaker feels that my revealing his decision not to have a debate in the House about our Committee’s report has put him in a bad light with the public. That was never my intention. My intention—[Interruption.] If Members allow me to develop my speech, they will hear my points. My intention was merely to let the public know what had been decided.

I am accused of breaking a rule myself, and I would like to explain the circumstances to the House. I am a member of the Digital, Culture, Media and Sport Committee. We held a hearing with the then Culture Secretary, the right hon. Member for Mid Bedfordshire (Ms Dorries), at which she claimed that a Channel 4 reality series in which she had appeared some years ago had used actors pretending to be members of the public. She claimed that they had confessed this to her. A member of the production team who lived on the estate concerned—

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. I am sorry that the hon. Gentleman missed my opening remarks, but it is quite clear that this is not about the actions of any other Member. It is not about what happened in the Committee with any other right hon. Member. It is about the motion before us.

John Nicolson Portrait John Nicolson
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Thank you, Madam Deputy Speaker. Let me say that there was considerable press interest in our Committee’s work, and I decided that we should send a copy of the report to the Speaker. I thought that time might be set aside for a debate about referring it to the Committee of Privileges. However, the Speaker wrote back to me saying that he did not believe the case met the threshold for a debate. I recorded a video summarising the Speaker’s decision, and I tweeted it. I offered no comment about the Speaker, nor did I criticise him. There was considerable public interest, and I soon discovered that the Speaker was angry. He believed that I should not have reported his decision. Last Wednesday, he told me in the House that he thought I had not summarised him accurately, and that I should not have reported him at all. It was not my intention in any way to summarise him inaccurately.

Before I was elected to the House, I was a journalist—a reporter for “Newsnight”, among other current affairs shows. I believe in open democracy, but I also believe in maintaining agreed confidentiality. It did not cross my mind that revealing the Speaker’s decision on this was a breach of privilege. After all, what was I to say if journalists asked me whether I had written to the Speaker? Was I to say, “Yes”? If they asked me, “Has the Speaker responded? Has the Speaker given a ruling?”, was I then to say, “I’m afraid I can’t tell you”? I did not consider that I had broken any confidence or betrayed any trust. I did not imagine that the Speaker’s decision on a matter of importance to my constituents could not be revealed. Moreover, I believe that I summarised the Speaker fairly, but I am in the unfortunate position of finding myself unable to prove that, because in order to do so I would have to release the Speaker’s letter to me in its entirety—something which, as we have established, the Speaker does not believe I should do.

There has been a suggestion that I printed only half the letter. That is not the case. The Speaker’s letter to me came as a letter through the post. There was no need for me to print it, nor did I publish it, nor did I show its contents to the camera, nor did I leak it to others. I was very open in the way I talked about it, which I hope shows that I did not think I was behaving improperly. There has also been some suggestion that the Select Committee did not wish to see this matter proceed to a privileges debate. That, too, is not the case. The Committee decided not to refer the Member concerned because she was no longer a Cabinet Minister, but the Committee left open the option for others to do so. Indeed, some Committee members expected that to happen. I agreed with the findings of the Committee, which were unanimous and cross-party.

The right hon. Member for Haltemprice and Howden (Mr Davis), who wrote to the Speaker asking for this debate, has just spoken again. I have never met the right hon. Member or spoken to him here, although I may have interviewed him in the past. He is not a member of the Select Committee, and he has previously championed free speech.

Rosie Winterton Portrait Madam Deputy Speaker
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Order. We really are not here to discuss the matters surrounding the Committee itself. The hon. Gentleman needs to stick to what is in the motion.

John Nicolson Portrait John Nicolson
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May I just say this, Madam Deputy Speaker? I spoke to the Chair and the Clerk of the Committee today. I gave them exactly the words that I intended to use, and obtained their permission to use the words that I have just repeated.

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Rosie Winterton Portrait Madam Deputy Speaker
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Order. It is up to me to make the final decision. [Hon. Members: “Hear, hear.”] Those people do not give the hon. Gentleman permission; I do.

John Nicolson Portrait John Nicolson
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The right hon. Member for Haltemprice and Howden spoke last Wednesday following the Speaker’s remarks from the Chair, and he laid into me with some vigour, using what appeared to be a pre-prepared speech. He was especially exercised by what he saw as my breach of parliamentary etiquette. It is worth me pointing out in that context that he did not contact me to inform me that he planned to speak about me, which as we all know is the convention. I was not afforded the opportunity to reply last Wednesday, but before moving on to other business the Speaker concluded:

“I am going to leave it there for today”.—[Official Report, 23 November 2022; Vol. 723, c. 292.]

I therefore assumed that the matter had been laid to rest. However, the right hon. Member then took to Twitter to pursue his criticism of me, complete with a video of his speech.

Rosie Winterton Portrait Madam Deputy Speaker
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Order. It is not for the hon. Gentleman to be criticising the right hon. Gentleman who moved the motion. He can speak to the motion, not outside it, so can we just stick to the matter in hand?

John Nicolson Portrait John Nicolson
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Thank you, Madam Deputy Speaker—

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Pete Wishart Portrait Pete Wishart
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I have been in this House for 21 years, and as you know, Madam Deputy Speaker, I have been a member of the House of Commons Commission for something like four years. I had absolutely no idea that we could not reveal that we had had correspondence with the Speaker or summarise what it was. How on earth was my hon. Friend supposed to know that, when I, with my 21 years in this House and my service on the Commission, did not know it? All of this seems to be, at best, some sort of means for retribution and, at worst, institutional bullying, because that is what it is starting to feel like right now.

Rosie Winterton Portrait Madam Deputy Speaker
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Order. Interventions can be made, but they should be brief. I would also remind hon. and right hon. Members that if the House decides to refer this matter to the Committee of Privileges, these sorts of arguments can be made there. This debate is on the simple matter of the motion. Other arguments can be made to the Committee if the House decides it wants the matter to go to the Committee.

John Nicolson Portrait John Nicolson
- Hansard - - - Excerpts

I know that the Speaker has been on the receiving end of often unpleasant comments from the public since I revealed his decision. That was never my intention. I did not use his name, I did not link to him and I did not post contacts for him. I am very sorry that a pile-on has ensued. I have friends across the House, and I believe in vigorous but fair debate. I have no time for abusive behaviour; I do not engage in it and I deplore it.

I am advised that I breached a parliamentary rule by referring to the Speaker’s letter, but as I have explained, I did not knowingly do so. I would never reveal a confidence. I did not believe that the Speaker’s decision on a parliamentary matter was a secret. Indeed—this is perhaps not a matter for today—should there not be a distinction between correspondence containing confidences and correspondence on policy decisions? Has every Member who has revealed a Speaker’s decision by letter found themselves the subject of a parliamentary privilege debate, as I am today? Although this convention appears to exist, is it not the very antithesis of open democracy? Many Members on both sides of the House have told me privately that they did not know this rule existed.

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John Nicolson Portrait John Nicolson
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I want to answer that question honestly. I am slightly torn because, on the one hand, I am deeply sorry that the Speaker is upset. Those who know me will know that I do not ever conduct politics in a way that aims to be offensive, and I am truly sorry that the Speaker is upset. I am truly sorry that I have upset the Speaker, but it would be disingenuous of me to say that I knowingly revealed this. I could not have been more open by going on camera and discussing this. I clearly was not trying to hide it. If people in my profession—my former profession and this profession—want to pass things into the public domain in a sleekit or surreptitious way, they give them to journalists. I did not do that. I stood up and talked about the letter, not revealing its contents in detail but summarising it.

This place often seems hard to understand for the general public, and its procedures can appear opaque. I suspect that most people will find it curious that the Member who misled the Select Committee was subject to no consequences but the Member who revealed that—

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. The hon. Gentleman absolutely needs to withdraw that remark.

John Nicolson Portrait John Nicolson
- Hansard - - - Excerpts

I withdraw that remark. I, however, am subject to the current debate. I note that, over the years, these debates have been confined to people who have committed or been accused of committing some of the most egregious offences, but I have yet to meet a Member who thinks this falls into that category.

I want to conclude by saying again that it was never my intention to insult the Speaker. I do not know him well but we have only ever had friendly exchanges when meeting. I bear him absolutely no ill will. I deplore any and all online abuse that he has suffered. Nobody, I imagine, is enjoying this debate—least of all me. I find interpersonal conflict stressful and unpleasant. I hope the House concludes that there was no malicious intent in anything that I did, and I apologise to the Speaker for breaching a House rule, but given the all-party nature of the Committee report I sought no party political advantage and I hope that Members here today will seek no party political advantage. My only motivation was to do what I always try to do, and that is to engage with the debate and to communicate my work here with constituents and with journalists as openly and fairly as I can.

Peter Bottomley Portrait Sir Peter Bottomley (Worthing West) (Con)
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I received a letter today from someone who met me at a conference, saying that I was right in saying to her then that although I was not directly involved in her cause, it was a cause worth fighting for. I took that as a tribute. It was the LGB Alliance conference across the road from here. The hon. Member for Ochil and South Perthshire (John Nicolson) talked about pile-ons, and he constantly used the term on Twitter. That may or may not be relevant to the Committee of Privileges, if the matter is referred to that Committee—[Interruption.]

Rosie Winterton Portrait Madam Deputy Speaker
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Order. I have to say to the Father of the House that this is not about criticising other people’s behaviour. It is strictly about the motion before us.

Peter Bottomley Portrait Sir Peter Bottomley
- Hansard - - - Excerpts

In the Hansard of 23 November, at 12.33 pm, Mr Speaker said he was awaiting an apology. The response from the hon. Member for Ochil and South Perthshire expressed regret at the pile-on against the Speaker, and we have heard today that the hon. Gentleman did not intend to be offensive to anybody.

I think the proper description of last week’s exchange with the Speaker, as shown on the record in Hansard, is that the Speaker is awaiting an apology, which we have not yet heard. We have heard an explanation this afternoon that the hon. Gentleman was asking for a debate on a Select Committee report. The way to ask for a debate on a Select Committee report is to ask the Leader of the House. That is the normal parliamentary procedure.

The hon. Gentleman was actually asking for a privileges reference, which was not accepted. If a Member has been here for 21 years, they know the rules changed some years ago. Requests for a privileges reference are taken up in private with the Speaker, who then gives a view. If an hon. Member receives a reply from the Speaker saying no, and if they decide to make it public that they asked, they have a responsibility to be fully open about Mr Speaker’s whole response, not a part of it, as the Speaker said in the Chamber last week at 12.33 pm.

I believe the House has a responsibility to back the Speaker, right or wrong, but especially when he is right. On this issue, my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) is right, and I ask the House to support the reference to the Committee of Privileges. After that, when the Committee has reported, we can decide whether to have a fuller debate and whether the hon. Member for Ochil and South Perthshire has, by then, done as the House would expect, and as the Speaker asked, and given a full apology.

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I call the SNP spokesperson, Deidre Brock.

Deidre Brock Portrait Deidre Brock (Edinburgh North and Leith) (SNP)
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It is extremely unfortunate that matters have come to this, but I understand the conventions of the House that brought us here. The Scottish National party respects the need for a transparent and open process.

The Leader of the House has previously spoken of the importance of parliamentary modernisation, and of how the House operates unlike any normal administrative centre in the public or private sector, and I agree with her. The procedures of the Houses of Parliament need updating, and this situation perhaps provides us with an example of where some reform could take place.

I am confident, having spoken to my hon. Friend the Member for Ochil and South Perthshire (John Nicolson), that he was completely unaware of the conventions of the House at the heart of this issue. He sought clarity on proper procedure and was caught out. He has already spoken at length, with his customary eloquence, outlining his position and how there was no malicious intent.

In closing, I repeat that the SNP respects the need for transparency and openness.

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I call the shadow Leader of the House.

Business of the House

Rosie Winterton Excerpts
Thursday 17th November 2022

(1 year, 6 months ago)

Commons Chamber
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Penny Mordaunt Portrait Penny Mordaunt
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I am happy to congratulate the East of England Ambulance Service and Southend University Hospital on this achievement, and my hon. Friend, who I know encouraged it. She has campaigned for the hospital and she has also abseiled down it to raise money for the cancer ward, and I congratulate her on all she has achieved. I hope that this new initiative will be welcomed by her local constituents.

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I am sure the hon. Lady meant to ask for a debate on this issue. I call Ellie Reeves.

Ellie Reeves Portrait Ellie Reeves (Lewisham West and Penge) (Lab)
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Gabriel Stoyanov was stabbed to death in Lewisham two weeks ago. He was just 21 years old. I knew Gabriel and I knew his mum’s hopes and dreams for his future—a future that has now been senselessly taken away from him. Will the Home Secretary make a statement about tackling the scourge of knife crime and youth violence?

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Penny Mordaunt Portrait Penny Mordaunt
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I congratulate the toy bank that the hon. Gentleman visited. There are many such schemes around the whole of the UK, and they do a tremendous job in plugging those gaps. He will have just heard in the Chancellor’s statement about the additional support that is being provided, the fact that we have protected benefits, the household support fund, and of course our commitment to the energy cap, which will help as well. If the hon. Gentleman gets colleagues’ support, he can apply for a debate, and I encourage him to do so.

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I thank the Leader of the House for the business statement, and well done to everybody who actually asked about parliamentary business.

Business of the House

Rosie Winterton Excerpts
Thursday 27th October 2022

(1 year, 6 months ago)

Commons Chamber
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Penny Mordaunt Portrait Penny Mordaunt
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I thank the hon. Lady for her questions on the themes of democracy and integrity, which are both very important. I reassure her that it is not a disappointment to find myself here, in part because I very much enjoy my exchanges with her across the Dispatch Box. It was important that we tested the proposition of a contest, as we did to destruction, and I think that has been a good outcome.

The Conservative party has one member, one vote and, of course, the Leader of the Opposition tried to end that for Labour. He had to abandon his attempt to return to an electoral college amid accusations of gerrymandering and holding the membership in contempt. Of course, the Labour party has form on this, as it blocked an election when Parliament needed one and its leader campaigned to overturn the result of the European Union referendum, so I will take no lectures from Labour Members on honouring democracy.

On integrity, the ethics adviser is a matter for the Prime Minister, and he intends to bring that decision forward. It is a matter for him, but he has made that commitment. Opposition Members have made allegations about support for jobs. As far as the Prime Minister is concerned, there is support for jobs: he supported 163,000 kickstart jobs; he supported job-entry schemes, benefiting 177,000 unemployed people; and, of course, he paid the wages of 11 million people in this country to protect them and their jobs. I am proud of our record of getting nearly 4 million people back into work with the dignity of a pay packet.

The hon. Lady mentioned prompt responses, and I have met the Home Office permanent secretary. All Members can have a bespoke service in which they attend a surgery to go through their cases, or they can have the usual responses and written replies. Both those options are open. We hope all the backlogs will be cleared by the end of the year, and there are ongoing improvements. I hope hon. Members will have an improved service shortly.

The Online Safety Bill will be back in the House shortly. The Bill remains a priority for this Government. We need to ensure there is time for Members to consider amendments properly, which is why the Bill has not yet returned to the House. I will announce business in the usual way, and we are committed to that Bill.

One thing the hon. Lady did not mention is diversity. All Members of this House can be very proud that we have the first British Asian Prime Minister. He was sworn in this morning, which is why today’s business questions are at an unusual time. I am very proud that my party has had three women Prime Ministers and now the first British Asian Prime Minister. Obviously, many other great British institutions are also enabling talent to thrive. Labour has a little way to go. Even “Doctor Who” has a more successful track record on the diversity of its lead characters.

All other business will be announced in the usual way.

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I call the Father of the House, Sir Peter Bottomley.

Peter Bottomley Portrait Sir Peter Bottomley (Worthing West) (Con)
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Thank you, Madam Deputy Speaker. The Opposition spokesperson, the hon. Member for Bristol West (Thangam Debbonaire) rightly described the importance and significance of the role of the Leader of the House. My right hon. Friend knows I am glad she is doing it, partly because it is good for the House and partly because it is bad for the Labour party.

After Prime Minister’s questions, this session is one of the more interesting parts of the parliamentary week. I pay tribute to the Labour spokesperson for giving a review of the week, but may we turn to what should be considered in this House?

I ask the Leader of the House whether we may have the Government’s statement, as soon as possible, on changing the fees for park home residents from using the retail price index to using the consumer prices index, which is long overdue. We need to deal with the issue of the 10% commission whenever anyone changes their home.

On residential leasehold, we need to have the Law Commission’s proposals brought to the House and enacted.

Lastly, on 6 July and 7 September, I put questions to the then Prime Ministers about environmental problems, where inspectors can come and overrule a borough, district or unitary authority’s plans for their area. We must no longer have expensive barristers arguing in a small room over something that local voters have voted on—this happens in areas represented by parties on both sides of the House—in order to avoid having green areas that were not intended to be built on being built over by developers who have more money, persistence and expertise than the planners, whose job is to do the planning not to be a judicial committee of lawyers. May we please get this changed? We should be building on brownfield sites, not greenfield, and we should let local authorities make their own decisions.

Penny Mordaunt Portrait Penny Mordaunt
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I thank my hon. Friend for his kind remarks regarding me and my post. He will know that the new Secretary of State is no stranger to the Department for Levelling Up, Housing and Communities and I am sure will grip these issues swiftly. On my hon. Friend’s sentiments on greenfield versus brownfield sites, local consent and putting people in the driving seat, I think all Conservative Members would agree with him.

Rosie Winterton Portrait Madam Deputy Speaker
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I call the SNP spokesperson, Deidre Brock.

Deidre Brock Portrait Deidre Brock (Edinburgh North and Leith) (SNP)
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Thank you, Madam Deputy Speaker. It is good to see the Leader of the House in her place. I am glad to hear that she is not too disappointed to find herself back here again, answering probing questions from the House, such as this one: if the new Prime Minister can claim yesterday a mandate to govern based on the Tory 2019 manifesto, why will he not recognise the even clearer mandate for an independence referendum, as laid out in multiple SNP manifestos and voted for by a clear majority of Scottish voters, as legitimate? I look forward to the Leader of the House’s answer.

Weren’t there waves of relief from those on the Tory Benches yesterday as they joyfully registered that their jobs were possibly safe for a little while longer? However, criticism has already begun about the new Prime Minister’s choices and judgment; it has been described by others far unkinder than me as a Cabinet of retreads. That does not point to a bright new future for this Government. Most questionably, perhaps, we now have a Home Secretary who admitted breaking the ministerial code, apparently multiple times, and resigned over it just days ago, but she has been given a free pass back. Yes, an investigation is needed, but should this place not produce a guide or pamphlet on “How to be a Secretary of State” —or even a “Secretary of State for Dummies”—for those chosen for these positions?

I do not wish to trivialise the Westminster psychodrama, but there is news that makes all that look like the proverbial storm in a teacup: the three main greenhouse gases were at their highest level ever in 2021, and the UK is not even halfway to meeting its climate targets in the 2030s and being net zero by 2050. Yet new licences for oil and gas exploration are being issued; we have a climate Minister who seems to think that that is good news for the environment; and the COP26 President has lost his position and influence at the Cabinet table, although he has since demanded that the Prime Minister explain how increased licensing dovetails with the UK’s legally binding green commitments. I hope that the Leader of the House will not be tempted to refer to the lazy haverings of Scottish branch colleagues and accuse the SNP of not supporting oil and gas workers in the industry. After all, the Scottish Government have committed £500 million to transitioning from a reliance on fossil fuels to renewable energy, a commitment the UK Government have still to match.

The Secretary-General of the United Nations warns that we are rapidly approaching the point of no return and that we must prioritise the climate or face catastrophe. Is it not time this Government took seriously the message that scientists, academics, students and ordinary citizens are trying to tell us through their protests and all work together urgently to reach net zero and quite literally save our planet?

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Penny Mordaunt Portrait Penny Mordaunt
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I thank my hon. Friend for raising this incredibly important matter again. The date for Department for Digital, Culture, Media and Sport questions has not yet been announced, but I encourage him to apply for a debate in the usual way and I shall write to that Department about the issue he raises.

Rosie Winterton Portrait Madam Deputy Speaker
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I call the Chair of the Backbench Business Committee, Ian Mearns.

Ian Mearns Portrait Ian Mearns (Gateshead) (Lab)
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I welcome the Leader of the House back to her place and thank her for announcing the Backbench Business debates for Thursday 3 November, a week from today. I am sorry that she could not be with us at 11.10 am. Although she may have been unavoidably engaged in other duties, it means that the time for Backbench Business debates this afternoon has been reduced by almost an hour. I say that on behalf of the Members who have put in to speak in those debates.

As the House is not due to be sitting on Thursday 10 November and the autumn statement is now scheduled for Thursday 17 November, may I ask the Leader of the House whether other time will be made available in those weeks, notwithstanding the planned rail strikes on both 7 and 9 November?

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John Lamont Portrait John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)
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Earlier this week, the hon. Member for Airdrie and Shotts (Ms Qaisar) attacked the Prime Minister over his race. In a nasty social media post, the SNP Member suggested that the Prime Minister was the wrong type of Asian. Does the Leader of the House agree that the Member should apologise, and will she consider holding a debate—

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. I presume the hon. Gentleman has told the hon. Member that he would be mentioning her.

John Lamont Portrait John Lamont
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I have, yes.

Does the Leader of the House agree that the Member should apologise, and will she consider holding a debate on divisive rhetoric in politics in the light of recent hate-fuelled statements made by SNP politicians?

Parliamentary Commissioner for Standards (Appointment)

Rosie Winterton Excerpts
Tuesday 18th October 2022

(1 year, 7 months ago)

Commons Chamber
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Chris Bryant Portrait Chris Bryant
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Daniel Greenberg is quite phenomenal; my hon. Friend the Member for Newport East (Jessica Morden) knows him from his advice to the Joint Committee on Human Rights. He has advised the Standards Committee several times, and done so with considerable wit, rapier intelligence and sometimes rather frighteningly.

More importantly—I do not think that I am breaking a confidence—we were advised by those who did the initial interviews that he might be a little shy about providing his opinions. I do not think that is the issue at all. He was absolutely magnificent at interview; I was giving him 10 out of 10 on every single one of the key criteria on experiences and abilities needed to fulfil the role. I am certain that he will do a splendid job for the House.

I do, however, want the House to embrace the appointment. Part of what I said earlier about upholding the standards of the House and maintaining its reputation for future generations involves not attacking those whom we have entrusted with managing that job. Sometimes, he may need additional financial and staffing resources to be able to do the job properly.

I pay tribute to Kathryn Stone for the magnificent way in which she has done her job—I hope that we will have an opportunity to do that properly before she departs later in the year—and the phenomenal members of her team. In particular, I have worked closely with Helen Reid, who is clear, concise and fair. Kathryn has managed to create a team that I think she will hand on in very good nick to Daniel Greenberg when he starts on 1 January.

There is just one area where I hope that Daniel will be able to work clearly. I have some sneaking concerns about the operation of the ICGS. Sometimes, the quality of people who have been employed to do the early investigations has not been up to scratch. Because the Parliamentary Commissioner for Standards has a sideline to that role, it is important that Daniel can work closely with whoever will be running the ICGS in future. Having said all of that, Daniel is a magnificent appointment and I am glad that the Commission has agreed with the hon. Member for Broxbourne (Sir Charles Walker) and myself.

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I call the shadow Deputy Leader of the House.

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Penny Mordaunt Portrait The Leader of the House of Commons (Penny Mordaunt)
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I would like to begin by endorsing the thanks and appreciation that hon. Members have given for the work undertaken by Kathryn Stone since her appointment in 2017. It has been a tough shift for her, but she has helped to develop the standards system. She played a key role in the implementation of the ICGS and helped the Independent Expert Panel in establishing its working practices and procedures following its establishment in 2020. I have not personally been involved in the recruitment process for her successor. My right hon. Friend the Member for Sherwood (Mark Spencer) sat on the final selection panel with three other members of the Commission. I would like to express my gratitude to all those who were involved in the selection panels and assessing the candidates. The whole House owes them gratitude.

It is vital that we all have confidence in the standards system and the Parliamentary Commissioner for Standards has a key role to play in that. The comments by my hon. Friend the Member for Broxbourne (Sir Charles Walker) and the information contained in the Commission report have certainly reassured me that Daniel Greenberg possesses the necessary skills and experience to carry out the role extremely effectively and build confidence in the system. It is therefore my hope that the House will approve this nomination and that we can welcome him and wish him well in his new role.

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
- Hansard - -

Thank you. I certainly recall that, when I was a Minister, there was always a huge sigh of relief when Daniel came in to give us advice. I am sure he will do a magnificent job.

Question put and agreed to.

Standards

Rosie Winterton Excerpts
Tuesday 18th October 2022

(1 year, 7 months ago)

Commons Chamber
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[Relevant documents: First Report of the Committee on Standards, New Code of Conduct and Guide to the Rules: promoting appropriate values, attitudes and behaviour in Parliament, HC 227; Second Report of the Committee on Standards, Code of Conduct: Procedural Protocol, HC 378; and the Government response, HC 709.]
Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I must inform the House that amendments (a) and (b) to motion 6 have been selected, and I will call Wendy Chamberlain to move them at the end of the debate.

Penny Mordaunt Portrait The Leader of the House of Commons (Penny Mordaunt)
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I beg to move,

That—

(1) this House notes the First Report from the Committee on Standards, on New Code of Conduct and Guide to the Rules: promoting appropriate values, attitudes and behaviours in Parliament (HC 227), and approves the recommendations relating to appeals and the Procedural Protocol in paragraphs 141–143, 151, 153, 155–157, 166 and 169 of that Report.

(2) this House approves the Second Report from the Committee on Standards on the Code of Conduct: Procedural Protocol (HC 378), and the Procedural Protocol in respect of the Code of Conduct annexed to that Report, with immediate effect, subject to the following amendments to the Protocol:

(a) In paragraph 6, leave out from “under the Code” to end;

(b) In paragraph 7, leave out “and the rules relating to upholding the Code (the numbered paragraphs in the Code of Conduct)”;

(c) In paragraph 16, leave out “, under rule 10 of the Code”;

(d) In paragraph 18, leave out “rule 11” and insert “paragraph 17”;

(e) In paragraph 22, leave out “rules 1 or 16 in the Code” and insert “paragraph 18 of the Code, or the provision in paragraph 21 of the Code that ‘Failure to comply with a sanction imposed by a subpanel of the Independent Expert Panel shall be treated as a breach of the Code’”;

(f) Leave out paragraph 32 and insert, “Paragraph 20 of the Code provides that ‘The Commissioner may investigate a specific matter relating to a Member’s adherence to the rules of conduct under the Code. Members shall cooperate, at all stages, with any such investigation by or under the authority of the House, and with the Committee on Standards and the Independent Expert Panel in any subsequent consideration of a case. Members must not lobby members of the Committee on Standards or the Independent Expert Panel; the Parliamentary Commissioner for Standards; or the staff of those bodies in a manner calculated or intended to influence their consideration of a breach or a sanction in an individual case.’”

(g) Leave out paragraph 62;

(h) In paragraph 83, leave out “rule 11” and insert “paragraph 17”;

(i) In paragraph 118, after “legal or medical adviser”, insert “; and/or d) a Member’s own staff”.

(j) Leave out paragraph 126 and insert, “Paragraph 20 of the Code provides that ‘The Commissioner may investigate a specific matter relating to a Member’s adherence to the rules of conduct under the Code. Members shall cooperate, at all stages, with any such investigation by or under the authority of the House, and with the Committee on Standards and the Independent Expert Panel in any subsequent consideration of a case. Members must not lobby members of the Committee on Standards or the Independent Expert Panel; the Parliamentary Commissioner for Standards; or the staff of those bodies in a manner calculated or intended to influence their consideration of a breach or a sanction in an individual case.’”

(3) Paragraph 20 of the Code of Conduct for Members (HC (2017-19) 1882) be amended to read as follows: “The Commissioner may investigate a specific matter relating to a Member’s adherence to the rules of conduct under the Code. Members shall cooperate, at all stages, with any such investigation by or under the authority of the House, and with the Committee on Standards and the Independent Expert Panel in any subsequent consideration of a case. Members must not lobby members of the Committee on Standards or the Independent Expert Panel; the Parliamentary Commissioner for Standards; or the staff of those bodies in a manner calculated or intended to influence their consideration of a breach or a sanction in an individual case.”

(4) the Committee on Standards shall have power to make any minor or purely administrative changes to the Procedural Protocol in respect of the Code of Conduct, including those necessary to reflect any future decisions of the House relating to the Code of Conduct and the Guide to the Rules relating to the Conduct of Members.

(5) Chapter 4 of the Guide to the Rules relating to the Conduct of Members (HC (2017-19) 1882) shall no longer have effect

(6) previous Resolutions of this House in relation to the conduct of Members shall be read and given effect in a way which is compatible with the Procedural Protocol in respect of the Code of Conduct.

Rosie Winterton Portrait Madam Deputy Speaker
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With this it will be convenient to discuss the following:

Motion 6 on Standing Orders etc. (Committee on Standards, Parliamentary Commissioner for Standards, Independent Expert Panel).

Amendment (a).

Amendment (b).

Penny Mordaunt Portrait Penny Mordaunt
- Hansard - - - Excerpts

The House is being asked to consider the creation of an appeals process for non-Independent Complaints and Grievance Scheme cases to be heard by the Independent Expert Panel. The motion would introduce the formal appeals process that Sir Ernest Ryder recommended and proposes that the panel would hear appeals against the decisions and sanctions of the Committee on Standards. The motion also puts to the House the new procedural protocol, which would sit alongside the new appeals process.

I am grateful to the Committee on Standards for its work reviewing the code of conduct for Members and the overall operation of the standards system in the House of Commons. Since becoming Leader of the House, I have had some discussions with the Chair of the Committee, the hon. Member for Rhondda (Chris Bryant), who I look forward to hearing from today. I assure him and the House that the Government have carefully considered his Committee’s recommendations, alongside the procedural protocol and covering report.

I am sure that the whole House agrees that Members of Parliament must uphold the highest standards in public life and that the procedures we have in place must be fair, robust and command the respect and confidence both of Members and the wider public. I believe that today’s motion takes a positive step in the right direction.

There are other issues that are not covered in the motions today, and I plan to seek consensus on a wider package and to come back to the House in due course, but it is good to make progress on the issues as we can.

Before coming to the substance of today’s motion, I wish to briefly cover some areas in relation to the wider proposed package of changes from the Committee on Standards that we are not debating today. Let me be clear: I am very conscious that there is further progress to be made and the House should have the opportunity to consider the additional recommendations proposed by the Committee. I reassure the House and the Committee that we are seeking to identify solutions that can command cross-party support on those outstanding issues.

Specifically, the Committee made recommendations on measures to improve the transparency and timeliness of ministerial declarations. The Government are clear in their views that the rules regulating Members’ interests and ministerial interests are necessarily distinct, reflecting the underlying constitutional principle of the separation of powers. There are differences between the role of an MP and that of a Minister and, reflecting that, the rules differ on what interests are permitted and how potential conflicts of interest are managed. There are clear rules regarding the registration of interests and the receipt of gifts in the ministerial code and Ministers should, and do, take their responsibilities very seriously. Nevertheless, I recognise the concerns of the Committee. Since being appointed Leader of the House, I have raised those concerns and have instructed officials to bring forward proposals for an improved system.

I can confirm to the House that revised guidance on ministerial transparency data will be published in the coming weeks. We will also publish it on gov.uk for the first time. The guidance has been updated to more closely reflect modern working practices and Ministers’ obligations under the ministerial code.

It is important that the Government conduct ourselves openly. I will continue to work with the Cabinet Office and across Government to ensure that we are fulfilling our obligations. In doing so, I keep very much in mind the challenge set for me by the Chair of the Committee on Standards: that a Member who attends an event such as the BAFTAs should report in a particular way, so a Minister who attends the same event should report in a similar way and their interests should be transparent to the public. I hope that the House and the Committee will support these changes; I will happily engage with the Committee should they not have the desired effect. [Interruption.] For the benefit of Hansard, the Chair of the Committee chuckled knowingly.

The House will be aware that an appeals process is already in place within some aspects of the parliamentary standards system. Those who are subject to investigation under the Independent Complaints and Grievance Scheme have the right of appeal to the Independent Expert Panel, which is chaired by the former High Court judge Sir Stephen Irwin. The ICGS and the IEP have been an essential part of achieving positive culture change in the House and demonstrating its rigorous judicial process, its transparency of operation and the right to appeal.

The Government have therefore welcomed Sir Ernest Ryder’s report and his timely review of the Commons standards system and its compatibility with the principles of fairness and natural justice. As we set out in a letter to the Committee on Standards, the Government supported the majority of the proposals, including the introduction of a formal appeals process. We note that the Committee has accepted all the recommendations, with a few minor modifications. I welcome the proposal that appeals be heard by an independent body with judicial expertise. We also welcome Sir Ernest’s consideration of the grounds for appeal and the acceptance that the Independent Expert Panel is the appropriate body to hear appeals.

We propose two main amendments to the procedural protocol. First, we propose to amend paragraph 118 to allow MPs to inform their own staff in the event that they are subject to investigation by the Parliamentary Commissioner for Standards. Secondly, we propose to leave out paragraph 62 on Members recusing themselves if not present for all but a “small proportion” of evidence sessions. These amendments reflect the Government’s position, as set out in our response to the Committee; I hope that the House and the Committee will support them. The other proposed amendments are purely technical changes to ensure that the protocol works with the current version of the rules and guide.

I wish to speak briefly about amendments (a) and (b) in the name of the hon. Member for North East Fife (Wendy Chamberlain) and others. The amendments stipulate that

“no Member shall be eligible to participate in any division on such a motion where it relates to their own conduct.”

That stipulation would apply both to conduct motions related to breaches of the code of conduct and to motions related to the ICGS. This is, of course, a matter for the House to consider. I note that the Committee on Standards chose not to pursue the issue in detail as part of the inquiry.

I am aware that the Chair of the Procedure Committee, my right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), has raised the issue of Members being permitted to vote on their own suspension. My predecessor wrote in response to her that there would be benefit in the Committee’s looking into whether such changes are needed. If necessary, they could be put to the House for consideration. Hon. Members will be aware that there is a convention that Members should not participate in such votes. In our parliamentary democracy, conventions guide how we work in this place, and codification of these norms should be carefully considered; I would therefore welcome it if the matter were considered by the appropriate Committee. Subject to its approval, the Government would be happy to bring the matter back to the Floor of the House for approval in due course.

If there is no objection from the Chair of the Committee on Standards or from other hon. Members present, I would certainly be content to support these amendments.

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Wendy Chamberlain Portrait Wendy Chamberlain (North East Fife) (LD)
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I rise today to speak in favour of the two amendments on the Order Paper in my name. I will confine my comments to those amendment, but first I want to echo the expressions of thanks to the Standards Committee and its Chair, the hon. Member for Rhondda (Chris Bryant), for their work. I also offer my thanks to the right hon. Member for Staffordshire Moorlands (Karen Bradley), the Chair of the Procedure Committee, who met me earlier this year in relation to this issue. I am grateful to her and her Clerks for giving me their time.

As has been highlighted by both the Leader of the House and the shadow Leader of the House, my amendments make a straightforward change to what happens when the House votes on a motion to sanction a Member for their conduct. At the moment, a Member in that situation can vote on their own censure. Some of us might think that would never actually happen after an independent investigation has found a Member not only responsible for breaking the code of conduct but responsible for such an egregious breach that their privileges as a Member of this place should be curtailed as a result. We would like to think that there would be a sober reflection and making of amends in that situation but, sadly, we know that is not always the case.

It is less than a year since the censure of the former Member for North Shropshire. In those two votes, the former Member voted against his own suspension. As a result, I secured a Standing Order No. 24 emergency debate on standards, as an opportunity for the House to begin repairing the potential damage that affects us all in this place when such things happen.

It might be the former police officer in me—I have mentioned being a former police officer a few times today, as I spoke in the debate on the Public Order Bill—but it infuriates me that a Member can vote on their own suspension. It puzzles me, too. Surely, with the million rules and conventions in this place about what we can and cannot do, it should not have been allowed.

I had a look and spoke to the Clerks, who are much appreciated by all of us as a fount of knowledge. I found that, yes, there is a convention that, although Members can speak at the start of a debate on their conduct, the expectation is that they should subsequently withdraw, with the implication being that they should not return for the vote. There is a further convention that a Member can lodge a motion objecting to another Member’s participation in a vote in which they have a financial interest in the outcome, but I think you would agree, Madam Deputy Speaker, that this is cumbersome and basically impossible with the rate of business and the number of MPs that we now have in this House.

Importantly, they are both currently conventions, not rules. Simply put, conventions last only as long as people choose to adhere to them. When people do not, it reflects on all of us. The Conservative party potentially had the most mud stuck to them as a result of what happened last year, but this is House business and it reflects on all of us to ensure that we uphold standards in this place.

My two amendments amend the Standing Orders to make these two conventions a rule. Members will not be able to vote on sanctions relating to proven breaches of the code of conduct by themselves. It is worth noting that the vast majority of cases considered by the Standards Commissioner are either not upheld or are rectified without further action, but there are always MPs under investigation, and I suspect there always will be. Although it has nothing to do with those individuals, it is important that we as a House are seen to be acting accordingly.

Where cases are more serious and there is a report to the Standards Committee, and where all the appropriate procedures, including those set down in the motion itself, have been followed and the recommendations reach the Floor of the House, we must ensure that due process is done and, most importantly, seen to be done.

Ironically, it was during Parliament Week last year that we saw the situation that the shadow Leader of the House mentioned, and it is almost Parliament Week again. When I talk to my constituents, they ask me about working here, fairness and transparency, and I genuinely think this is the best job I have ever had. It is an enormous privilege, and I think the vast majority of Members agree and want to act accordingly.

I want to be able to tell my constituents, and I feel very encouraged that I will be able to do so, that we have taken a long, good look at ourselves and that the vast majority of us who want to maintain those high standards and hold the respect of the people we serve did something to make things better.

I am keen that this is not seen to be a party political issue, and the hon. Members for Batley and Spen (Kim Leadbeater), for Brighton, Pavilion (Caroline Lucas), for Rutland and Melton (Alicia Kearns) and for Lancaster and Fleetwood (Cat Smith), and the right hon. Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell), all put their names to the amendments. For that reason, I hope very much that I will not need to press them to a vote. If there is an objection, I intend to do so this evening.

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I call the Chair of the Committee on Standards, Chris Bryant.

Point of Order

Rosie Winterton Excerpts
Thursday 13th October 2022

(1 year, 7 months ago)

Commons Chamber
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Penny Mordaunt Portrait The Leader of the House of Commons (Penny Mordaunt)
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Further to that point of order, Madam Deputy Speaker. May I apologise if that was the case? I know that the Deputy Prime Minister in particular is assiduous about such things. I will happily look into what happened. The Chancellor of the Duchy of Lancaster is looking at how we ensure that the basic mechanics of Departments are running as they should.

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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First, I thank the hon. Member for Hornsey and Wood Green (Catherine West) for giving notice of her point of order. I understand she notified the Deputy Prime Minister that she was doing so. That was a very helpful response from the Leader of the House, but I endorse how important it is to have as much information as possible about a visit. I know Mr Speaker is very anxious that hon. and right hon. Members respect each other in that way and that when visits occur, the maximum amount of information is given, but I thank the Leader of the House for that helpful response.