Point of Order

John Bercow Excerpts

1st reading: House of Commons
Wednesday 29th June 2016 Commons Chamber

[Pete Wishart (Perth and North Perthshire) (SNP)]

On a point of order, Mr Speaker. Page 49 of “Erskine May” refers to the official Opposition as

“the largest minority party which is prepared, in the event of the resignation of the Government, to assume office”.

The current official Opposition has lost two thirds of its shadow Cabinet. Their leader and what remains of the Front-Bench team no longer command the support of the overwhelming majority of their Back Benchers. They can now no longer provide shadow Ministers for large Departments of State. They are clearly in no shape to assume power or to meet the key responsibilities outlined in “Erskine May”. Given these obvious failings, what steps would now need to be taken to have the official Opposition replaced with one that can meet the responsibilities set out clearly in “Erskine May”?

[Mr Speaker]

I am familiar with “Erskine May”, as the hon. Gentleman would expect, and I am genuinely grateful to him for giving me notice of his point of order. I can confirm that the Labour party currently constitutes the official Opposition and that its leader is recognised by me, for statutory and parliamentary purposes, as the Leader of the Opposition. He will have noticed that I called the Leader of the Opposition earlier to ask a series of questions of the Prime Minister. He will also be aware that today we have Opposition business duly chosen by the Leader of the Opposition, as indicated on the Order Paper. I should perhaps add that in making these judgments and pronouncing in response to points of order, I do give, and have given, thought to the matter, and I have also benefited from expert advice. These matters are not broached lightly. I understand the vantage point from which he speaks, but he raised the question and I have given him the answer. We will leave it there for now.

Bills presented

Sexual Offences (Pardons Etc) Bill

Presentation and First Reading (Standing Order No. 57)

John Nicolson, supported by Amanda Solloway, Keir Starmer, Stewart Malcolm McDonald, Iain Stewart, Sarah Champion, Tommy Sheppard, Paula Sherriff, Nigel Huddleston, Stephen Twigg and Dr Philippa Whitford, presented a Bill to make provision for the pardoning, or otherwise setting aside, of cautions and convictions for specified sexual offences that have now been abolished; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 21 October, and to be printed (Bill 6).

Homelessness Reduction Bill

Presentation and First Reading (Standing Order No. 57)

Bob Blackman, supported by Mr Clive Betts, Helen Hayes, Mr Mark Prisk, Kevin Hollinrake, David Mackintosh, Alison Thewliss, Jim Shannon, Mary Robinson, Julian Knight, Mr David Burrowes and Liz Kendall, presented a Bill to amend the Housing Act 1996 to make provision about measures for reducing homelessness; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 28 October, and to be printed (Bill 7).

National Minimum Wage (Workplace Internships) Bill

Presentation and First Reading (Standing Order No. 57)

Alec Shelbrooke presented a Bill to require the Secretary of State to apply the provisions of the National Minimum Wage Act 1998 to workplace internships; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 4 November, and to be printed (Bill 8).

Parliamentary Constituencies (Amendment) Bill

Presentation and First Reading (Standing Order No. 57)

Pat Glass presented a Bill to amend the Parliamentary Constituencies Act 1986 to make provision about the number and size of parliamentary constituencies in the United Kingdom; to specify how the size of a constituency is to be calculated; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 18 November, and to be printed (Bill 9).

Awards for Valour (Protection) Bill

Presentation and First Reading (Standing Order No. 57)

Kelly Tolhurst, on behalf of Gareth Johnson, presented a Bill to prohibit the wearing or public display, by a person not entitled to do so, of medals or insignia awarded for valour, with the intent to deceive.

Bill read the First time; to be read a Second time on Friday 25 November, and to be printed (Bill 10).

Benefit Claimants Sanctions (Required Assessment) Bill

Presentation and First Reading (Standing Order No. 57)

Mhairi Black, supported by Chris Law, Mr Dennis Skinner, Liz Saville Roberts, Caroline Lucas, Ian Blackford, Carolyn Harris, Angela Crawley and Andrew Percy, presented a Bill to require assessment of a benefit claimant’s circumstances before the implementation of sanctions; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 2 December, and to be printed (Bill 11).

Preventing and Combating Violence against Women and Domestic Violence (Ratification of Convention) Bill

Presentation and First Reading (Standing Order No. 57)

Dr Eilidh Whiteford, supported by Mrs Maria Miller, Jess Phillips, Gavin Newlands, Liz Saville Roberts, Fiona Mactaggart, Angela Crawley, Mr Alistair Carmichael, Ms Margaret Ritchie, Alison Thewliss and Lady Hermon, presented a Bill to require the United Kingdom to ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention); and for connected purposes.

Bill read the First time; to be read a Second time on Friday 16 December, and to be printed (Bill 12).

Families with Children and Young People in Debt (Respite) Bill

Presentation and First Reading (Standing Order No. 57)

Kelly Tolhurst, supported by Mark Garnier, Amanda Milling, Craig Mackinlay, Victoria Borwick, Roger Mullin, Angela Crawley, Antoinette Sandbach, Yvonne Fovargue, Ian Paisley, Ben Howlett and Jo Churchill, presented a Bill to place a duty on lenders and creditors to provide periods of financial respite for families with children and young people in debt in certain circumstances; to place a duty on public authorities to provide access to related advice, guidance and support in those circumstances; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 28 October, and to be printed (Bill 13).

Registration of Marriage Bill

Presentation and First Reading (Standing Order No. 57)

Edward Argar, supported by Sir Simon Burns, Victoria Atkins, Simon Hoare, Seema Kennedy, Wes Streeting, Christina Rees, Jess Phillips, Stephen Doughty, Nigel Huddleston and Greg Mulholland, presented a Bill to make provision about the registration of marriages.

Bill read the First time; to be read a Second time on Friday 21 October, and to be printed (Bill 14).

Assets of Community Value Bill

Presentation and First Reading (Standing Order No. 57)

James Morris presented a Bill to make provision about the disposal of land included in a local authority’s list of assets of community value; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 25 November, and to be printed (Bill 15).

Double Taxation Treaties (Developing Countries)

Presentation and First Reading (Standing Order No. 57)

Roger Mullin, supported by Kirsty Blackman, Patrick Grady, Michelle Thomson, George Kerevan and Ian Blackford, presented a Bill to place a duty on the Chancellor of the Exchequer to align the outcomes of double taxation treaties with developing countries with the goal of the United Kingdom’s overseas development aid programme for reducing poverty and to report to Parliament thereon; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 16 December, and to be printed (Bill 16).

Farriers (Registration)

Presentation and First Reading (Standing Order No. 57)

Byron Davies, supported by Chris Davies, Dr James Davies, Craig Williams and Mike Wood, presented a Bill to make provision about the constitution of the Farriers Registration Council and its committees.

Bill read the First time; to be read a Second time on Friday 13 January, and to be printed (Bill 17).

Parking Places (Variation of Charges)

Presentation and First Reading (Standing Order No. 57)

David Tredinnick presented a Bill to make provision in relation to the procedure to be followed by local authorities when varying the charges to be paid in connection with the use of certain parking places.

Bill read the First time; to be read a Second time on Friday 25 November, and to be printed (Bill 18).

Disability Equality Training (Taxi and Private Hire Vehicle Drivers)

Presentation and First Reading (Standing Order No. 57)

Andrew Gwynne, supported by Andrew Stephenson, Mrs Sharon Hodgson, Byron Davies, Norman Lamb, Lyn Brown, Mark Menzies, Barbara Keeley, Robert Flello, Mims Davies, Helen Jones and Diana Johnson, presented a Bill to make the completion of disability equality training a requirement for the licensing of taxi and private hire vehicle drivers in England and Wales; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 18 November, and to be printed (Bill 19).

Gangmasters (Licensing) and Labour Abuse Authority

Presentation and First Reading (Standing Order No. 57)

Louise Haigh, supported by Mr Chuka Umunna, Mr Iain Wright, Chris White, James Cleverly, Paul Blomfield, Lisa Nandy, Will Quince, Greg Mulholland, Chris Stephens, Stella Creasy and Mr Dennis Skinner, presented Bill to amend the Gangmasters (Licensing) Act 2004 to apply its provisions to certain sectors including construction, care services, retail, cleaning, warehousing and the transportation of goods; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 4 November, and to be printed (Bill 20).

International Trade and Investment (NHS Protection)

Presentation and First Reading (Standing Order No. 57)

Mrs Anne Main, on behalf of Mr Peter Lilley, presented a Bill to require the National Health Service to be exempted from the provisions of international trade and investment agreements; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 2 December, and to be printed (Bill 21).

Kew Gardens (Leases)

Presentation and First Reading (Standing Order No. 57)

Mr Ian Liddell-Grainger presented a Bill to provide that the Secretary of State’s powers in relation to the management of the Royal Botanic Gardens, Kew, include the power to grant a lease in respect of land for a period of up to 150 years.

Bill read the First time; to be read a Second time on Friday 18 November, and to be printed (Bill 22).

Merchant Shipping (Homosexual Conduct)

Presentation and First Reading (Standing Order No. 57)

John Glen presented a Bill to repeal sections 146(4) and 147(3) of the Criminal Justice and Public Order Act 1994.

Bill read the First time; to be read a Second time on Friday 20 January, and to be printed (Bill 23).

Counter-Terrorism and Security Act 2015 (Amendment)

Presentation and First Reading (Standing Order No. 57)

Lucy Allan presented a Bill to repeal provisions in the Counter-Terrorism and Security Act 2015 requiring teachers, carers and responsible adults to report signs of extremism or radicalisation amongst children in primary school, nursery school or other pre-school educational settings; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 27 January, and to be printed (Bill 24).

Child Poverty in the UK (Target for Reduction)

Presentation and First Reading (Standing Order No. 57)

Dan Jarvis presented a Bill to establish a target for the reduction of child poverty in the United Kingdom; to make provision about reporting against such a target; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 3 February, and to be printed (Bill 25).

Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Bill

John Bercow Excerpts

2nd reading: House of Commons
Friday 16th December 2016 Commons Chamber

[Mr Tom Watson (West Bromwich East) (Lab)]

On a point of order, Mr Speaker. Yesterday, the Culture Secretary agreed to come back to the Dispatch Box if a further security breach were to be revealed at the national lottery. In the last few minutes, the Gambling Commission has published a document saying that it was

“more likely than not that a fraudulent prize claim had been made and paid out.”

There is potentially a great lotto robbery. Camelot has been fined £3 million and has been found to be in breach of three parts of its licence. Have you had a request, Mr Speaker, from a Minister to make an urgent statement to the House, so that the Department can guarantee to millions of lottery players in the UK that the game is safe?

[Mr Speaker]

I am grateful to the hon. Gentleman for his point of order. The short answer to him is no: I have received no indication that a Minister has any plan to come to the Chamber today. But I have known the hon. Gentleman a long time, and he is nothing if not a persistent woodpecker—that is a compliment—so my very strong hunch is that he will be in his place on Monday, using such devices as are available to him to try to secure the presence of a Minister to answer on this important matter. Meanwhile, I hope the hon. Gentleman has an enjoyable, and moderately restful, weekend.

Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Bill

John Bercow Excerpts

Report stage: House of Commons
Friday 24th February 2017 Commons Chamber

[Philip Davies (Shipley) (Con)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

New clause 10—Recommendations by GREVIO and the Committee of the Parties (No. 2)—

“Any recommendations or reports by GREVIO (that is the Council of Europe’s Group of Experts on Action against Violence against Women and Domestic Violence) or the Committee of the Parties (that is the Committee of the Parties to the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention)) must be debated in Parliament before any Government response is given.”

New clause 11—Annual statistics—

“The Government must use its best endeavours to obtain statistics on the levels of violence against men, women and all domestic violence victims in each country who are ratified members of the Convention and to make them publicly available and published annually.”

New clause 12—Quarterly statistics—

“The Government must use its best endeavours to obtain statistics on the levels of violence against men, women and all domestic violence victims who are ratified members of the Convention and to make them publicly available and published quarterly.”

New clause 14—Limitation on reservations concerning Article 44—

“The United Kingdom shall not make its ratification subject to any declaration as provided for under paragraph 2 of Article 78 of the Convention that it will not establish jurisdiction under Article 44 when the offence established with the Convention is committed by a person who has her or his habitual residence in the United Kingdom.”

New clause 15—Territorial application—

“The United Kingdom shall not make its ratification subject to any restriction on territorial application under Article 77 of the Convention.”

New clause 16—Victims of forced marriage—

“The United Kingdom shall not make its ratification subject to any restriction on its right to take the necessary legislation or other measures referred to in Article 59.4.”

New clause 17—Compensation awarded to those who have sustained serious bodily injury or impairment of health—

“No ratification of the Convention shall be made by the United Kingdom unless at the time of depositing its instrument of ratification it declares that it reserves the right not to apply the provisions of Article 30 paragraph 2.”

New clause 18—Limitation on reservations concerning psychological violence and stalking—

“The United Kingdom shall not make its ratification subject to any declaration as provided for under paragraph 3 of Article 78 that it reserves the right to provide for non-criminal sanctions for the behaviours referred to in Article 33 and Article 34.”

New clause 19—Reservations—

“Nothing in this Bill shall prevent the United Kingdom ratifying the Istanbul Convention with reservations as provided for in paragraphs 2 and 3 of Article 78.”

New clause 20—Requirement to denounce of the Convention after five years—

“The United Kingdom Government shall denounce the Istanbul Convention no later than five years after it has ratified the Convention.”

Government amendment 1, leave out clause 1.

This amendment leaves out clause 1.

Amendment 56, in clause 1, page 1, line 6, at end insert—

“without making any reservations under Article 78 of the Convention.”

Amendment 57, in clause 2, page 1, line 11, after “Convention” insert “without reservations”.

Government amendment 2, page 1, line 12, leave out “date by” and insert “timescale within”.

This amendment requires the Secretary of State to report on the timescale within which she expects the Istanbul Convention to be ratified, rather than the date.

Amendment 58, page 1, line 13, at end insert “without reservations.”

Amendment 24, page 1, line 14, leave out from “laid” to end of the subsection and insert “when reasonably practicable”.

Government amendment 3, page 1, line 14, leave out

“within four weeks of this Act receiving Royal Assent”

and insert

“as soon as reasonably practicable after this Act comes into force”.

This amendment changes the deadline for a report under clause 2 from four weeks from Royal Assent to as soon as reasonably practicable after commencement.

Amendment 22, page 1, line 14, leave out “four weeks” and insert “three years”.

Government amendment 4, page 1, line 16, leave out “Her Majesty’s Government” and insert “the Secretary of State”.

This amendment means the obligation to make a statement to Parliament will fall on the Secretary of State, rather than Her Majesty’s Government generally.

Amendment 59, page 1, line 17, after “Convention” insert “without reservations”.

Government amendment 5, page 1, line 17, leave out “it” and insert “the Secretary of State”.

This amendment is consequential on amendment 4.

Government amendment 6, page 1, line 19, leave out “its” and insert “the”.

This amendment is consequential on amendment 4.

Government amendment 7, page 1, line 20, leave out “the Convention will be” and insert—

“the Secretary of State would expect the Convention to be”.

This amendment means the Secretary of State will be required to make a statement detailing when she would expect the Istanbul Convention to be ratified, rather than when it will be so ratified.

Amendment 25, in clause 3, page 2, line 2, leave out “each year” and insert “biennially”.

Government amendment 8, page 2, line 2, after “each year” insert “until ratification”.

This amendment makes clear that the government will only have to report on progress towards ratification until ratification has taken place (see amendment 14).

Government amendment 9, page 2, line 4, leave out paragraph (a) and insert—

“(a) if a report has been laid under section 2(1), any alteration in the timescale specified in that report in accordance with subsection (1)(b) and the reasons for its alteration;”.

This amendment is designed to avoid the implication that a report under clause 2 will necessarily have been issued before a report is required under clause 3.

Amendment 26, page 2, line 4, leave out paragraph (a).

Amendment 27, page 2, line 7, leave out paragraph (b).

Government amendment 10, page 2, line 7, leave out “(before ratification)”.

This amendment is consequential on amendment 8.

Amendment 28, page 2, line 10, leave out paragraph (c).

Government amendment 11, page 2, line 10, leave out “(before ratification)”.

This amendment is consequential on amendment 8.

Government amendment 12, page 2, line 11, leave out “to” and insert “in”.

This amendment changes a reference to legislative proposals being brought forward “to” the devolved legislatures to legislative proposals being brought forward “in” the devolved legislatures - which is the usual formulation.

Amendment 29, page 2, line 14, leave out paragraph (d).

Government amendment 13, page 2, line 14, leave out “(before ratification)”.

This amendment is consequential on amendment 8.

Government amendment 14, page 2, line 16, leave out paragraph (e).

This amendment removes the ongoing reporting obligation in clause 3(1)(e).

Amendment 49, page 2, line 25, at end insert—

“and produce a breakdown of government spending on victims of violence and domestic violence for both men and women.”

Amendment 50, page 2, line 27, after “violence” insert—

“and provide statistics showing international comparison on levels of violence against women and men”.

Amendment 51, page 2, line 31, at end insert—

“and to include the names of these organisations”.

Amendment 60, page 2, line 31, at end insert—

“(f) the costs to the Exchequer of the measures set out in subsection (1)(e).”

Amendment 52, page 2, line 32, leave out “annual” and insert “biennial”.

Amendment 53, page 2, line 32, leave out “1 November 2017” and insert “1 January 2020”.

Amendment 54, page 2, line 33, leave out “1 November each year” and insert—

“1 January every 2 years”.

Amendment 55, in clause 4, page 2, line 37, leave out from “Act” to end of subsection and insert—

“will not come into force until 90% of the signatories to the Convention have ratified it and there has been a proven reduction in violence against women in 75% of the countries who have ratified the Convention.”

Government amendment 15, page 2, line 37, leave out

“on the day on which this Act receives Royal Assent”

and insert—

“at the end of the period of 2 months beginning with the day on which this Act is passed”.

This amendment means the Act will be brought into force two months following Royal Assent, rather than immediately on Royal Assent.

Government amendment 16, in title, line 1, leave out

“Require the United Kingdom to ratify”

and insert—

“Make provision in connection with the ratification by the United Kingdom of”.

This amendment is consequential on amendment 7.

Government amendment 17, in title, line 3, leave out “; and for connected purposes”.

This amendment is consequential on amendment 16.

[Mr Christopher Chope (Christchurch) (Con)]

On a point of order, Mr Speaker. I do not wish to try your patience, but could you advise the House about the status of explanatory statements associated with amendments, and particularly Government amendments? The Member’s explanatory statement to amendment 4 on page 8 of the amendment paper says:

“This amendment means the obligation to make a statement to Parliament will fall on the Secretary of State, rather than Her Majesty’s Government generally.”

In fact, the amendment goes much further, because it would change the Government’s role in ratification and substitute the Secretary of State for the Government, so the explanatory statement is not a full and accurate statement of the effect of the amendment.

[Mr Speaker]

What I would say to the hon. Gentleman in response to that further point of order is that I am not responsible for the content of Government explanatory statements.

[Chris Heaton-Harris (Daventry) (Con)]

Shame.

[Mr Speaker]

Well, the Government Whip says from a sedentary position, “Shame.” I have a sufficient burden, which I am very happy to seek to discharge to the best of my ability, but responsibility for Government explanatory statements is not part of that burden. Moreover—if I can bring a glint to the eye and a spring to the step of the hon. Member for Christchurch (Mr Chope)—it might be my observation that he, too, is not responsible for the content of Government explanatory statements. They are intended to try to help the House and to facilitate debate, but they enjoy no formal status whatever, so I do not think the hon. Gentleman should be troubled by the matter, although it may be something on which he will wish to expatiate at a later stage. We shall see.

[Peter Dowd (Bootle) (Lab)]

Not really.

[Mr Speaker]

Well, we shall see.

We begin with new clause 6—and I hope we can now begin with new clause 6—with which it will be convenient to consider the new clauses and amendments listed on the selection paper.

[Philip Davies]

I want to speak to new clause 6 and the other new clauses and amendments that stand in my name and that of my hon. Friend the Member for Bury North (Mr Nuttall). We have quite a large group of amendments and new clauses to go through this morning. There are 11 new clauses—seven tabled by me, and four by my hon. Friend the Member for Christchurch (Mr Chope). On top of those, we have 36 amendments, most of which have actually been tabled by the Government, in cahoots, it is fair to say, with the Scottish National party and the promoter of the Bill. I will come to their amendments in a bit, because they seem to be trying to con the campaigners behind the Bill by pretending to support the Istanbul convention, at the same time as filleting the Bill to make sure it does not come into effect at all—but more of that later.

I have tabled 14 amendments, and my hon. Friend for Christchurch has tabled five, so we have 47 new clauses and amendments to consider this morning. I will try to do justice to them, and I will try to do that as quickly as I can, because I appreciate that other people will want to speak to them. However, a quick bit of arithmetic will tell hon. Members that if I spend only two minutes on each new clause and amendment, we will soon rattle past an hour and a half, so it is going to take some time to go through such a large group.

--- Later in debate ---

[Mike Weir (Angus) (SNP)]

On a point of order, Mr Speaker. I beg to move that the Question be now put.

[Mr Speaker]

There is not a Question before us to be put, because new clause 6 has been withdrawn, and therefore the correct procedure now is for me to move on to Government amendment 1.

Clause 1

Ratification of the Istanbul Convention on violence against women

Amendment proposed: 1, page 1, line 1, leave out clause 1.—(Sarah Newton.)

This amendment leaves out clause 1.

Question put, That the amendment be made.