Standing Orders (Public Business)

Thérèse Coffey Excerpts

Thursday 22nd October 2015 Commons Chamber

[The Deputy Leader of the House of Commons (Dr Thérèse Coffey)]

It is a pleasure to reply to this lively debate. I am grateful to hon. Members of all parties for their considered contributions. I shall try to address as many points as I can.

The thrust of these proposals has been in our manifesto for the last three elections. The journey within Parliament started with the McKay commission and it continued with the Command Paper, which was debated in the last Parliament and whose proposals were in our manifesto this year. As I reminded Members in the summer, the official Opposition were invited to participate in drawing up proposals last year, but they declined to do so.

Over the last few months, my right hon. Friend the Leader of the House and I have engaged with Members across the House since our proposals were introduced in this Session. We have listened, reflected and provided extra time for debate. There were debates on 7 July and 15 July, and we have modified our proposals to reflect those debates and discussions, and indeed the work of the Procedure Committee.

Certain themes arose in hon. Members’ contributions, including cross-border issues, Barnett consequentials, certification and, indeed, the future of the Union. I shall try to address issues that were not covered earlier by my right hon. Friend the Leader of the House, and I shall speak briefly to the amendments.

[Lady Hermon]

rose—

[Dr Coffey]

I am sorry, but I need to get through my response to what has been said today. If I have any time at the end, I will see if I can take any interventions.

On amendment (a), the Government have been very clear that we do not believe that having a Joint Committee is the right approach in this instance. As my hon. Friend the Member for North East Somerset (Mr Rees-Mogg) said, these proposals are about Standing Orders in this House, and my right hon. Friend the Leader of the House has already invited the Lords Constitution Committee to submit to the review that he intends to set up, and we know that the review is happening with the Procedure Committee.

On amendment (e) and the timing, these proposals build on the work of the former Leader of the House, and we believe it important to implement the proposals now in tandem with further devolution. As everybody knows, we have invited the Procedure Committee to review the operation of the proposals next year, and I have been clear that we welcome this as a review period rather than a pilot after which these proposals would simply fall, as my right hon. Friend explained.

I turn now to amendments (f) and (g). I am sure that the shadow Leader of the House will recognise that many of the amendments he has tabled are indeed consequential. Trying to combine something as being minor “and” consequential as opposed to minor “or” consequential might seem like a deceptively simple change, but it has profound consequences for the amendments that might be needed.

I can offer the hon. Gentleman the example of the Children and Families Act 2014. Section 3 refers to an adoption agency. We changed the criterion because we listened to the view of the Welsh Assembly Government. We tabled a consequential amendment so that the provision took effect only in England, as opposed to England and Wales. That is the kind of issue that we consider to be consequential, and not minor. We therefore do not believe that the amendments should be accepted.

[Alex Salmond]

rose—

[Dr Coffey]

Amendments (h) to (t) propose to leave out Standing Orders 83M to 83O, which relate to consent motions, the reconsideration stage, and consideration of certified motions or amendments relating to Lords amendments.

--- Later in debate ---

[Mr Speaker]

Order. The Deputy Leader of the House is not giving way.

[Dr Coffey]

Our proposals balance the principle of English consent for English measures with MPs from all parts of the United Kingdom continuing to deliberate and vote together. Removing the proposed consent motions for the Legislative Grand Committee stage would fundamentally undermine the process that is being proposed, and the same applies to further stages.

The amendments tabled by the hon. Member for Wrexham (Ian C. Lucas) raise the issue of Welsh-only votes. In our proposals, we are not talking about matters that are still reserved to this Parliament; we are talking about matters that have been devolved elsewhere. That is why we believe that the hon. Gentleman’s proposals do not stand.

I recognise the cross-border issues that have been raised by Members representing Welsh constituencies. We have met previously and debated the matter specifically, but let me emphasise that every Member will continue, in legislative terms, to participate in Second Reading debates, in Report stages—when they can table amendments —and in Third Reading debates, as they do now.

The hon. Gentleman mentioned clause 44 of the Housing and Planning Bill. Of course it will be for the Speaker to determine the certification of the clause, but it is making a change that applies to England on a matter that is already devolved in Scotland, Wales and Northern Ireland. That is the information that the Government will provide on the clause.

As for the small number of Divisions, I believe that, unlike the last Labour Government, we have kept up the pace of devolution—we have published a Scotland Bill and a Wales Bill—so the issue will come up increasingly in the future.

The Speaker already certifies money Bills and selects amendments. I am sure that he will take advice on what should be a technical decision, as he does now. We agree with the Procedure Committee that the Speaker should be able to appoint two members of the Panel of Chairs to examine that advice, and we modified our proposals accordingly.

Let me now say something about Barnett consequentials. Spending is voted on through the estimates, which are given effect by law—by the Supply and Appropriation Bill, on which all Members voted. Many individual pieces of legislation lead to some changes in funding, but that does not necessarily mean that the funding for the UK Government Department changes. It does not follow that it has a directly identifiable impact on the block grant to the devolved Administrations, so efficiencies in one area could be redirected to front-line services without Barnett consequentials. My right hon. Friend the Chief Secretary to the Treasury has written to my hon. Friend the Member for Gainsborough (Sir Edward Leigh) reiterating that point.

The voting arrangements on the block grant allocations awarded to the devolved Administrations are unchanged by the introduction of this process. The Government recognise the importance of the House voting as a whole on how money from the Consolidated Fund is allocated. That is why the supply estimates process and money resolutions will not be subject to this process.

The funding implications of individual pieces of legislation do not exist in isolation. Efficiency savings, or indeed additional expenditure, could be connected to one piece of legislation, and could be directed back to other front-line services. When we have increased spending, as happened with free school meals, we look for efficiencies elsewhere.

Scrutiny of the individual supply estimates is mainly undertaken by departmental Select Committees, supported by the parliamentary Scrutiny Unit. When I was a member of the Culture, Media and Sport Committee, we certainly undertook that process. The Liaison Committee then chooses the subjects for debate. Following the debates, the estimates are approved by resolution of the House of Commons, as has happened in the past. That is why Barnett consequentials are calculated on changes to overall departmental spending at spending reviews and why we end up voting on the estimates voting process.

The hon. Member for Great Grimsby (Melanie Onn) said that this proposal adds complexity and will be difficult to follow. What members of the public will find incredible is that the Labour party seeks to deny that effective voice to the people of England. What our standing orders give effect to is that legislation on a matter that is devolved to another Parliament and that affects England or England and Wales only requires the explicit consent of MPs representing those countries only. My hon. Friends have discussed fairness. As the hon. Member for Stalybridge and Hyde (Jonathan Reynolds) recognised, we need to address this issue. This is a point of fairness. This is about strengthening the Union. This is about fulfilling our manifesto commitments, and I commend this motion to the House.