Oral Answers to Questions

Tom Brake Excerpts

Thursday 12th September 2013 Commons Chamber

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

1. If he will make it his policy to encourage his ministerial colleagues to table Government amendments to Bills whenever possible in the House of Commons rather than the House of Lords; and if he will make a statement.

[The Deputy Leader of the House of Commons (Tom Brake)]

It is usual practice for Government to make amendments, where possible, in the House of introduction. However, the Government are rightly expected to listen and respond to debates on Bills in both Houses of Parliament, and it is, of course, the core strength of our Parliament that any amendments made to Bills in the other place must also be agreed by this House.

[Simon Hughes]

Obviously, all Governments try to introduce perfect legislation the first time around, but very few succeed. I hope that my right hon. Friend and his colleagues understand that it is really important that the democratic House has the opportunity to look at any changes that are found to be necessary as a result of the work of Select Committees and others. I hope that this Government will try very hard to ensure that we see amendments first and that they are not left as a sort of teaser at the other end of the building late in the day.

[Tom Brake]

I agree with my right hon. Friend that it is very important that this House is given an opportunity to consider amendments but, as I said in my earlier response, it is inevitable that matters will be raised in the other House that will need to be addressed there. I understand what my right hon. Friend is saying and I will ensure, as far as I can, that what he seeks actually happens.

[Several hon. Members]

rose—

--- Later in debate ---

[Tom Brake]

Clearly, the Government will not withdraw the Bill. It has been made very clear over the past couple of days that the Government will bring forward an amendment on Report to address the significant issue that charities have raised with us. We hope to come to a conclusion that they think is satisfactory.

[Mr Peter Bone (Wellingborough) (Con)]

Does the Deputy Leader of the House agree that a more important reform with regard to amendments would be to allow Members on both sides a free vote in Committee and to not subject them to whipping? Would that not produce better legislation?

[Tom Brake]

That is an interesting point. I suspect that allowing free votes on amendments in this place would lead to chaos.

The hon. Member for Caithness, Sutherland and Easter Ross, representing the House of Commons Commission, was asked—

--- Later in debate ---

[Charlie Elphicke (Dover) (Con)]

3. What recent discussions he has had on private Members’ Bills.

[The Deputy Leader of the House of Commons (Tom Brake)]

My right hon. Friend the Leader of the House has had a range of recent discussions on private Members’ Bills and has given evidence to the Procedure Committee as part of its inquiry.

[Charlie Elphicke]

Does the Minister agree that the conduct of some Members of this place with regard to private Members’ Bills undermines Parliament and weakens the power and the voice of Back Benchers, and that the timetable ought to be reformed to give the House greater strength and a greater say?

[Tom Brake]

My hon. Friend will be aware that the Procedure Committee has been considering the issue of private Members’ Bills because he gave evidence to that inquiry. The Committee will come forward with a wide range of recommendations that might address the points that he has made. I am sure that the House will have the opportunity to debate and resolve those issues in the near future.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The Minister may not be aware that I recently served on the private Members’ Bill Committee of the European Union (Referendum) Bill, which reported yesterday. If he cares so much about private Members’ Bills, does he realise what a sham that Bill is, in the sense that everybody knew it was not a genuine private Members’ Bill, but a Government Bill once removed? Is that good for Members who introduce private Member’s Bills?

[Tom Brake]

Clearly, the hon. Gentleman has strong views on that particular private Members’ Bill but, as I stated, it is important that we consider these matters in the round. The Procedure Committee has rightly devoted a substantial amount of time to considering this matter and the House should look at its proposals—for example, on the process of balloting Members—so that it can come to a sensible decision.

[Mr David Nuttall (Bury North) (Con)]

Does the Deputy Leader of the House not agree that whatever procedures are adopted, it is essential that no private Members’ Bill should be allowed to pass through the House without receiving the fullest and most detailed scrutiny, and certainly not less than that given to Government Bills?

[Tom Brake]

I thank the hon. Gentleman for that question. He may be aware that the Procedure Committee’s report states that it is not its intention to facilitate the passage of Bills into law through the private Members’ Bill route, and that it should not be easy to do so. Its position is that it does not want a simple process that allows private Members’ Bills to be rushed through.

[Sheila Gilmore (Edinburgh East) (Lab)]

Unusually, I was here last Friday for the consideration of private Members’ Bills—I had the joy of having secured the Adjournment debate. I have to say that it reminded me just how dreadful the process is. Any member of the public would be appalled at the behaviour of the House in these matters and the way that Bills are talked out. Last Friday, I actually saw a Minister participating in that process to ensure that a later Bill did not receive proper consideration. Surely we need urgent reform.

[Tom Brake]

All I can say is that there are cases where private Members’ Bills do not make the progress that Members who promote and sponsor them would like. However, there are examples of Members—they include the Leader of the House and the Parliamentary Secretary to the Treasury, my right hon. Friend the Member for North West Hampshire (Sir George Young)—who have, when in opposition, successfully passed private Members’ Bills. It is possible for Members to make progress.

The hon. Member for Caithness, Sutherland and Easter Ross, representing the House of Commons Commission, was asked—

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[Diana Johnson (Kingston upon Hull North) (Lab)]

6. What plans he has to extend the practice of pre-legislative scrutiny.

[The Deputy Leader of the House of Commons (Tom Brake)]

The Government are committed, wherever possible, to publishing legislation in draft for pre-legislative scrutiny. We have a good record. We published 17 draft Bills or sets of draft measures in the last Session, which is more than the previous Government did in any Session. I am sure the hon. Lady would be aware that, before the summer recess, the Government published substantive draft Bills on deregulation and consumer rights and will publish further measures as the Session progresses.

[Diana Johnson]

I am disappointed that the Leader of the House did not respond to that question because of his experience with the NHS Bill, which did not have pre-legislative scrutiny and had quite a torrid time in Parliament. Has any thought been given to why the lobbying Bill did not receive pre-legislative scrutiny, particularly considering that the Government’s legislative timetable is so light?

[Tom Brake]

Clearly, the Government’s legislative programme is not light, as the hon. Lady suggests it is; in fact, it is very full. As for the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill, there was pre-legislative scrutiny in respect of the lobbying proposals, although it is correct that such scrutiny was not possible for the other aspects of the Bill. As I have stated—[Interruption.] I am sure that the hon. Lady would like to hear that we published 15 Bills in draft in the 2012-13 Session—more than in any previous Session by any Government.

[Mrs Cheryl Gillan (Chesham and Amersham) (Con)]

Has the Deputy Leader of the House given consideration to one of the largest Bills this House has ever seen, which is due to hit it in December? I refer to the at least 50,000 pages that will accompany the High Speed 2 Bill. Will the right hon. Gentleman join me in pressing the Department for Transport to allow us not only to look at some of these papers in advance, but to have pre-legislative scrutiny of this Bill, which is going to be gargantuan?

[Tom Brake]

I do not know whether the right hon. Lady was able to ask that question earlier in Transport questions. Having previously been a Transport spokesman and having been involved in a number of Transport Bills, such as the Crossrail Bill, I am absolutely certain that there will be extensive opportunities for people to debate these matters.