Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Debate between Tom Brake and Graham Allen(10 years, 3 months ago)
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Tom Brake
We would need consensus within the coalition Government that we wanted to proceed in such a way. As I stated, a number of Liberal Democrat Members of Parliament and peers would like to see us proceed in such a way, but we are not in a position to do that and that is why, if the position changes, we are facilitating either this Government or a future Government in taking such a decision without primary legislation. I am disappointed that the hon. Gentleman did not use his intervention to outline the cost of extending the provision to 5,000 civil servants, which now seems to be the official policy position of the Opposition.
Mr Allen
May I again commiserate with the right hon. Gentleman, a sensible and capable Front Bencher, on being lumbered with the Bill? I am sincerely sorry that he has been landed with this—I hope that it does not influence his long-term career prospects.
Making legislation on the hoof may allow us to repent at leisure. I would like the House to understand what was added to the amendment paper last night, because I do not understand it as much as I would like. Is the crux of amendment (b) on special advisers the word “may”—regulations may be made some time in future—which does not need to be included in the Bill, as the Government can introduce new legislation to do that, or is it a commitment that, with some certainty, that provision will be introduced in the near future? If it is the former, many of us would find it difficult to support. If it is the latter, some of us would be sympathetic towards what the Deputy Leader of the House is saying.
Tom Brake
I thank the hon. Gentleman for his intervention. I am not sure that I can add much to what I said earlier, other than that this is about providing an order-making power to a Minister to enable the inclusion of special advisers in the terms of the third-party register at some point in the future, which could be the day after Royal Assent, if that was desired. We should streamline public services, not impose additional burdens on them.
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Debate between Tom Brake and Graham Allen(10 years, 6 months ago)
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Tom Brake
Okay. I also welcome the hon. Member for Liverpool, West Derby (Stephen Twigg), who is making his first appearance in this capacity, as well as the hon. Member for Penistone and Stocksbridge (Angela Smith), who is staying put, I believe. This is also perhaps the first opportunity for me to welcome the Minister of State, Cabinet Office, my right hon. Friend the Member for Tunbridge Wells (Greg Clark). He might be familiar with a quote from Christopher Hitchens:
“What can be asserted without evidence can be dismissed without evidence.”
He might have found during the debate that a lot is being asserted by Opposition Members without evidence. Clearly, the Government dismiss that with evidence rather than without it.
The hon. Member for Caerphilly made an enticing offer that we should pause the Bill, but I am afraid that I shall have to decline. I can only imagine the hue and cry from Labour were we to do nothing with the Bill only for someone to spend just under £1 million in one constituency or another during the run-up to the next general election to try to unseat a candidate they did not want to support. Would the hon. Gentleman then accuse us of failing to take action?
We have also heard some examples of Opposition Members’ belief that the Bill would have stopped updated health and safety provisions in relation to mining disasters. We heard from the Chair of the Select Committee on Political and Constitutional Reform that the Labour party would not have existed had the Bill been in place. My right hon. Friend the Minister of State will become familiar with such arguments, which are completely outwith anything the Government propose in the Bill.
New clause 2 would require the Government and the Electoral Commission to undertake a post-legislative assessment of the impact of part 2 on third parties campaigning in elections to the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly and on third parties campaigning in Scottish, Welsh and Northern Ireland constituencies for the UK parliamentary elections. That assessment would also have to consider the impact of part 2 on referendums in Scotland, Wales and Northern Ireland. Part 2 would not come into force until a report of the assessment was laid before Parliament.
Only some of the part 2 provisions apply to third parties campaigning in elections to the devolved Administrations. At the time of the Bill’s introduction, the Government published an impact assessment to accompany it. The analysis has been thorough. To require the Government to undertake another analysis at a later date serves no purpose. In addition, the Electoral Commission already has a statutory function of reporting on the conduct of elections under current legislation. As part of that function, the Government would expect the commission to examine the impact of changes to rules on third-party campaigning at future elections. It would not be for the Government to duplicate the role of the independent regulator.
The main thrust of the remarks of the hon. Member for Caerphilly was about the potential risk of impact on the Scottish referendum. I want to make it clear that the Bill does not have an impact on referendums. Although the regulated period for the 2015 UK parliamentary election will overlap with the regulated period for the 2014 Scottish independence referendum, spending in the Scottish referendum is a matter for the Scottish Parliament. Such expenditure could not, in our view, reasonably be regarded as intended to promote electoral success and would therefore not be controlled under the Political Parties, Elections and Referendums Act 2000 or regulated by the Bill. We believe that expenditure incurred during the regulated period for the referendum would be treated as referendum expenditure and not controlled expenditure for the election, unless there was a clear or direct link to a campaign in the election. We do not think that the commencement of part 2 should be delayed as the hon. Gentleman said.
Mr Allen
Up until yesterday, the Electoral Commission, which is charged by Government and the House in these matters, was still stating:
“We await confirmation of the Government’s view of the impact of the Bill on the referendum on independence for Scotland.”
So even yesterday, the Electoral Commission was unclear. The Minister is stating unequivocally that there will be no impact whatsoever on the contending parties—those that support voting yes, voting no or whatever—and there will be no impact whatsoever on the independence campaign by any of the players or third parties. This was not made clear to the Electoral Commission even yesterday, when the question arose.
Tom Brake
I thank the hon. Gentleman for that intervention, which gives me an opportunity to restate the fact that the Bill has no impact on the Scottish referendum. The Electoral Commission wanted that clarified, and I have today very publicly done so. My right hon. Friend the Leader of the House had clarified that point in discussions with the Electoral Commission yesterday.
Mr Allen
I will make a small contribution in order to make a request on behalf of those of us who have considerable respect for the opinions expressed about Northern Ireland and concern about the impact of the Bill there. I think that the Deputy Leader of the House inadvertently passed over that without responding to the pertinent points made by my hon. Friend the Member for Foyle (Mark Durkan). This takes the whole question of people intervening when there are questions of free speech to a rather more delicate and, indeed, darker level. I hope that the Deputy Leader of the House has some response to the points made by my hon. Friend.
Tom Brake
With the leave of the House, Mr Speaker, I should like to respond to a couple of points.
The hon. Member for Liverpool, West Derby (Stephen Twigg) said that we need to address party funding. I agree with him. The Government offered the Labour party an opportunity in the Bill to address trade union funding, which the leader of the Labour party wants to address. I regret that that offer was not taken up.
The hon. Gentleman referred extensively to legal advice —he said that that was not the entirety of his speech, although it did feel that way. One point he did make was that, because of the Bill, organisations must consult to see whether what they propose to do is acceptable. However, they must do exactly that under the Political Parties, Elections and Referendums Act 2000—there will be circumstances in which organisations will want to check whether what they do is within the rules. There is no change in that respect.
I was hoping to hear from the hon. Gentleman something about what the Opposition believe. We have heard that they support the measure in principle, but, contrary to what he has said, we did not hear whether they believe that the cap is appropriate or that there is a need for a constituency limit, or whether they support the extension of controlled expenditure to other items, which the Electoral Commission has asked us to do.
The hon. Gentleman went on to explain that he would support amendment 101. The Chairman of the Political and Constitutional Reform Committee said that although he wanted that amendment to be passed, he did not really want it to be in the Bill in practice. That was an unusual position to adopt.
Mr Allen
On a point of order, Mr Speaker. The right hon. Gentleman is misleading the House inadvertently about the words that I used and my intent. I would be happy to see amendment 101 in the Bill. However, I feel that there is sufficient time for the Government—even this Government—to improve the wording. I do not claim that it is perfect. I hope that the right hon. Gentleman, who has conducted the debate quite civilly to date, will not misrepresent me again.
Mr Speaker
The hon. Gentleman has made his point, to which there is no requirement for a reply. The Deputy Leader of the House may continue with his advocacy.
Tom Brake
I have noted the hon. Gentleman’s point. The Opposition spokesman said that he would support amendment 101. Personally, I think that it should be put into room 101.
The hon. Member for Stevenage (Stephen McPartland) supported what the Government are doing, which I welcome. He said that he would not support the loss of freedom of speech and nor would I or anybody else on the Front Bench. This is a good opportunity to remind people that this Government have got rid of ID cards, stopped the retention of the DNA of innocent people, got rid of internal exile and reduced the pre-charge detention period from 28 to 14 days. We will take no lectures on civil liberties from the Opposition.
The Chairman of the Political and Constitutional Reform Committee explained the he is the trustee of a charity. I congratulate him on that. He said that he would advise his charity not to campaign on policy issues. I hope that that is not the case. We are talking about the PPERA legislation from 2005 and 2010. I assume that he did not advise his charity not to campaign on policy issues in 2005 and 2010, so I hope that he will not give it that advice now.
Mr Allen
The hon. Lady makes a clear and succinct point. The sad fact is that this provision is a mystery; clause 27 has no antecedents and no pedigree, and we are not sure why it is in the Bill. Nobody has asked for a reduction in the interaction. Many colleagues throughout the House want a greater interaction—dare I cite the Prime Minister talking about the big society? I welcomed those words, because I would like to see that. This provision does not welcome the big society; it shrinks the big society to a slightly smaller big society that feels unloved, chilled, unable to get its point of view over and unable to articulate the things that drive it to be in existence.
My reason for moving amendment 102 and asking colleagues in all parts of the House to support it is, again, to send a signal to the Government that they should think again on the issue—this is not the end of the process. They should go away, take good advice, perhaps even listen to this House and perhaps even set up an arrangement whereby further evidence can be taken. My Committee, which is all-party, and its unanimous report might be able to help in that, and we are keen to find a way forward that arrives at a consensus. The only way in which we will get that pause, and get the Government to have another think and a little more of a listen to all the people who are writing to us today on this issue—people whose credentials are unimpeachable—is by voting down clause 27 tonight. The only way to do that is to support amendment 102 and I urge all colleagues to do so.
Tom Brake
Third parties may campaign in a relevant election up to a particular threshold without being subject to any electoral controls or restrictions on their activities. The Political Parties, Elections and Referendums Act 2000 sets the threshold for third parties campaigning in England at £10,000, and at £5,000 for third parties campaigning in Scotland, Wales and Northern Ireland. Third parties may exceed these thresholds only if they register with the Electoral Commission as “recognised third parties”. They are then permitted to incur “controlled expenditure”, as it is defined by clause 26 of this Bill
Upon registration, third parties also become subject to spending and donations controls for the duration of the regulated period of the relevant election. The Bill’s intention is to ensure greater transparency of campaign finance, and so provides that a third party must register with the Electoral Commission as a “recognised third party” if it wishes to spend more than the revised threshold in the Bill—£5,000 in England or £2,000 in Scotland, Wales or Northern Ireland. That will have the effect that more third parties will account for their expenditure and provide details of the donations they receive. It is not clear to me what the Opposition’s concerns about this provision are. It is about providing more transparency so that people can see who is campaigning locally in support of a party or candidates.
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Debate between Tom Brake and Graham Allen(10 years, 7 months ago)
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Tom Brake
I thank the hon. Gentleman for that intervention, because it gives me the opportunity to underline that under the current definition of controlled expenditure, staff costs for non-party organisations have to be accounted for. This is not a departure; we are extending the requirement on them to account for staff costs to the new areas of controlled expenditure that we think should be covered, such as research.
Mr Allen
The Deputy Leader of the House is absolutely right that the Electoral Commission says those words. My Select Committee read a little further than the right hon. Gentleman, and it is in our report for any Member to read. It says:
“However, crucially, they”—
the Electoral Commission—
“added: ‘this would need careful consideration’. This careful consideration appears to have been lacking.”
Tom Brake
I thank the Select Committee Chair for that further clarification of the Electoral Commission’s quote. What we are doing to bring these two measures of controlled expenditure in line is careful and considered. We may, if we have time, come to clause 27. I suspect that we may debate other aspects later.
Tom Brake
Clearly we have. This comes down to the issue of whether the Wildlife Trust, which I suspect has members drawn from all parties and none, would as part of that coalition campaign in support of a political party or of a number of party candidates. If it did not intend to do so, it would not be covered by the legislation.
Mr Allen
In respect of the amendment I tabled in line with the sentiment of my Select Committee—very much along the lines of the amendment tabled by the hon. Member for Caithness, Sutherland and Easter Ross (John Thurso)—I am receiving reassurances from what the Minister said, so I am happy not press it to a Division. We all look forward to seeing the actual words that will give life to both those amendments.
Tom Brake
In the hon. Gentleman’s last sentence he moved off the main point he was referring to, which was the cap. Did any of the organisations he just cited as having given evidence to his Committee say that they intended to spend more than £390,000 on supporting a political party in the 12 months before the general election?
Mr Allen
Give me the time to undertake accurate pre-legislative scrutiny of the Bill and I will give the right hon. Gentleman his answer.
What we should be doing in this place is adding to the rich tapestry of our democracy, not emaciating, frightening, chilling or putting a shadow over it. We should not be having people who fear engaging with their politicians and fear being part of our electoral process. We should have people who say, “We are welcome. Parliament is passing something that says, ‘Come in, we want to hear you. You are the big society. We want to listen to what you have to say.’” Are we saying that today? No, we are not, as we can see when we look at clause 27. This House should be sending out a much more positive message to those organisations, and to everybody else who wants to support and develop our democracy.
Tom Brake
The fact remains that, from a Government perspective, we do not want to be in a position where organisations currently assisting the Government are not able to campaign in election campaigns.
Amendment 66 would amend clause 27 so that it no longer lowers the expenditure threshold that third parties may exceed only after they register with the Electoral Commission. Clause 27 proposes that those registration thresholds be set at £5,000 in England and £2,000 in Scotland, Wales and Northern Ireland. The Government are seeking to do that because we believe in greater transparency. We believe it is important that people understand who is campaigning in the course of election campaigns. It has been said, possibly by the Chair of the Select Committee, that that will have a huge impact on a very large number of charities. The Government’s assessment of how many extra charities will be included as a result of dropping the threshold is 30—just 30 charities would be affected. I accept that potentially 30 charities may be affected, but in practice the overwhelming majority of charities will not be affected.
Tom Brake
In the 10 minutes that remain, I need to complete my remarks.
On amendment No. 66, upon registration with the Electoral Commission, third parties become entitled to incur controlled expenditure up to a higher limit and will have to comply with other regulatory requirements. The Bill lowers the thresholds in order to identify greater numbers of third parties that campaign in the political process. It is right to distinguish which organisations incur expenditure campaigning at elections and to ensure that their funds are fully accounted for. Reducing the registration thresholds, as proposed by the Bill, does not preclude third parties from campaigning. This is a point that, I am afraid, a number of Members have made: that a requirement simply to register will stop organisations campaigning. That is not so. The requirement to register will mean that the expenditure that they can incur is controlled. In the light of that, I hope that the hon. Member for Caerphilly (Wayne David) will withdraw the amendment.
Amendment No. 165 proposes that until the Electoral Commission has undertaken an assessment of the impact of clause 27 on political parties and on third parties and that report is laid before Parliament, the provisions of clause 27 may not come into effect. I have been asked why we have settled on the cap. Clause 27 amends the third party limits for controlled expenditure. These limits would be the equivalent of 2% of the maximum campaign expenditure limit for political parties. For third party campaigning across the UK, this would be £390,000. As hon. Members will be aware, currently the level at which it is set does not cover or catch any of the third party organisations.
Setting a cap at £390,000 would, as I stated earlier, capture two organisations that currently spend slightly above that cap. We think that that would, first, provide equality of arms in relation to the examples to which the Chair of the Select committee referred—the League Against Cruel Sports and the Countryside Alliance. It would ensure that one organisation campaigning in favour of something could not be heavily outgunned financially by another campaigning on the opposite side of the argument.
If at the next general election, the threshold were set where it is currently and the 30 organisations that registered all spent at their current limit—the £1 million, or just under, that they are allowed to spend nationally—they would have been able to outspend, very heavily, each of the political parties. Our view is that election campaigns are about political parties fighting and setting out their stalls, with, of course, third party organisations campaigning as well, but it should in principle be a battle between political parties.
Clause 27 also lowers the expenditure thresholds at which the third parties must register with the Electoral Commission: the thresholds are set at £5,000 in England and £2,000 in Scotland, Wales and Northern Ireland. As I stated, the Government’s assessment is that that would affect a total of 30 additional non-party organisations, not charities, as I stated earlier. Thirty additional non-party organisations might be caught by the lower threshold. The Government have already published an impact assessment on the provisions of the Bill, which considers the impact of the lowered registration threshold. It assessed that only a small number of third parties would be required to register and become subject to the regulatory framework. This will not create new administrative burdens for already registered third parties but, as I stated, may affect 30 additional non-party organisations.
The impact assessment also considered the impact of the lower spending limits. At the last general election, the largest 10% of third parties spent more than the remaining 90% put together. As I stated, only two organisations spent more than the new lowered limits that the Bill proposes. That demonstrates that the current spending limit is so high as to be ineffectual.
The Chair of the Political and Constitutional Reform Committee listed a range of organisations that he said gave evidence to his Committee. I asked him whether any of them had told him in their evidence that the Government’s proposed cap of £390,000 would affect their ability to campaign politically during the next general election, and he did not respond. I suspect that he did not respond because none of them intended to spend that much. [Interruption.] I am happy to give way to the hon. Gentleman if he is about to tell me which of those organisations said they would spend above £390,000.
Mr Allen
I am surprised that the Deputy Leader of the House wants to abdicate the role that Her Majesty’s Government have given to him, but I will make it clear again. The Political and Constitutional Reform Committee will pick up his remit, if he cannot do it himself. If the Government give us the time to do our pre-legislative scrutiny—time that we asked for—instead of putting a Bill before the House one day before the recess and taking Second Reading one day after, we will do that job and many others.
Tom Brake
Having given the Chair of the Political and Constitutional Reform Committee a second opportunity to state which organisations would be affected, I am afraid to say that he is unable to do so. I regret that. The impact assessment has been carefully prepared. Requiring the Electoral Commission to undertake another assessment is unnecessary, particularly if it would prevent a key provision of the Bill from being enacted before then. I therefore urge the hon. Gentleman not to press his amendment.
Concerns have been expressed about the cap in the Bill. We have set out why we think a national cap of £390,000 is appropriate. It would have affected only two organisations in the last general election. We have also set out why we believe that lowering the registration threshold to £5,000 would lead to greater transparency. People would be able to get more information about which organisations were campaigning in a general election. I therefore hope that the amendments in this grouping will not be pressed to a vote.
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Debate between Tom Brake and Graham Allen(10 years, 7 months ago)
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Mr Allen
My hon. Friend makes wise points. Perhaps I should excuse myself for having a little fun at the expense of the Deputy Leader of the House and the Minister who, in my experience of working with the Political and Constitutional Reform, are committed to what they do. However, that is not enough in this case. They have been put up as the fall guys to promote a Bill that has very few friends and does not do what it should.
My hon. Friend spoke of the public perception, which I mentioned on Second Reading. The public expected the House of Commons to do something about lobbying. The Prime Minister said something should be done about it. The coalition, in its agreement, and the Opposition had almost a contractual agreement that lobbying should be dealt with. All were committed and said clearly that lobbying should be dealt with. My hon. Friend is right that the people who will suffer most—I do not wish to repeat the points I made on Second Reading—are the public, who will be disillusioned that we will fail to do what we should. We agree that something clear, honest and open should be done, so perhaps the biggest losers will be hon. Members—the House of Commons as an institution, which is recovering from difficulties in the recent past. We have it in our power over the next three days to make a better Bill. It will not be the perfect Bill, but we have it in our power to try to make a better Bill. I will therefore take the opportunity to press amendment 48 to a Division, so that hon. Members have the opportunity of supporting their colleagues who serve on the Political and Constitutional Reform Committee.
I should make one other procedural point. I am surprised that knives will not operate on any of the next three days. I will cut my remarks short, but we should have knives so that we can have a sensible debate and vote on each of the key clauses. We need to deal with five key clauses today, but we may only get past clauses 1 and 2. If we had a more sensible arrangement on the division of time, we could do a better job—I am not making a point against the Government.
Tom Brake
Will the hon. Gentleman clarify one thing? I have sought clarification from the hon. Member for Hemsworth (Jon Trickett), who speaks for the official Opposition, but it has never been explained to me. Ministers already report their meetings with in-house lobbyists. What do we gain by extending the register to include in-house lobbyists when Ministers already report such meetings?
Mr Allen
I am very much in favour of extending the register to in-house lobbyists because many people regard the biggest scandals—the ones reported in the national press and elsewhere, and those that come to hon. Members’ attention—as resulting from the activities of people who work inside large multinational companies, whether engineering, arms manufacturing or many other things. It is not beyond our wit to produce such a measure.
The hon. Member for St Albans (Mrs Main) has courageously underlined how much lobbying takes place outwith the scope of the Bill. She highlighted with great tenacity some of the most poisonous and difficult things to deal with in the lobbying arena. We should listen to her and learn how to improve the Bill with her proposals.
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Debate between Tom Brake and Graham Allen(10 years, 7 months ago)
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Tom Brake
I thank my right hon. Friend for that intervention. Clearly, the Government have stated on a number of occasions that we are very keen to work with charities, non-governmental organisations and, indeed, Select Committees to ensure that their views are taken into account. That is very much our intention. We also want to ensure that the issue of parliamentarians and the role we play will be clarified very clearly in relation to this Bill.
Mr Allen
A series of scandals led the Prime Minister to say that lobbying would be the next big crisis for the British political system and to the inclusion in the coalition agreement of a provision to regulate lobbying. Would this Bill attack any of those cases? Is it in any way relevant to the public concern about lobbying?
Political and Constitutional Reform Committee: Wright Reforms
Debate between Tom Brake and Graham Allen(10 years, 9 months ago)
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Mr Allen
I will gladly give way again to my hon. Friend, who I know wants to make a point about e-petitions. She raises a serious point about the representation of minority parties, which is in a sense an unwitting casualty of the way we decided to elect members to Select Committees. That should be put right, and, to do that, the report makes certain recommendations. One possibility would be a reserve place that the Speaker could nominate to remedy any obvious injustice, but there are many other possibilities. If MPs were allowed to get on with it, we could deal with it ourselves, without the Government, whom after all we are meant to scrutinise, telling us how to do it. Parliament is perfectly capable of resolving the issues she raises.
The Deputy Leader of the House of Commons (Tom Brake)
I welcome the report’s publication and thank the hon. Gentleman for pursuing these matters so assiduously. Wright urged major change, much of which we have delivered; indeed, the hon. Gentleman has already referred to things such as the Backbench Business Committee, pre-legislative scrutiny and more time on Report. I suspect that the unfinished business that he is about to come on to is the House Business Committee, and I can assure him that there is not a closed door on that. We have put forward certain tests, however, that I hope he will respond to positively before pursuing the matter further.
Mr Allen
We are always grateful for any crumbs handed to us from the Executive and we are extremely grateful for those things gifted to us, even if—I must say—they have come after extensive struggle, campaigning and organising over many years. I am grateful that some of these minor things have been proposed, but we need to do far more for ourselves, without the benefit of the assistance of the Government. The work of my hon. Friend the Member for North East Derbyshire on the Backbench Business Committee proves, if it need be proved, that we are perfectly capable of running more of our own affairs.
I will come on to the House Business Committee shortly, but I am genuinely grateful to the Deputy Leader of the House of Commons for saying that the door is open. We will continue to press and push gently at the door and provide him with a road map that will not frighten the horses but will give MPs some say over the rest of their agenda.
There remain areas where we could help the Backbench Business Committee even more. Timetabling Back-Bench business on Thursdays, as often happens, lowers its status. Much, if not all, of that business could, and should, be taken at a time when the House is better attended. When the Front Benchers have had their spotlight, they have little interest in keeping Parliament well attended. We got a pager message yesterday telling us we were on a one-line Whip, which basically meant, “You can clear off, if you want to”, rather than listen to a Select Chair introduce an important report on local government and to other important issues that do not get the attention they should.
In this respect, despite Wright, the House remains subordinate to the Government. In that, we do not acquiesce; the fundamental principle remains that all time in here should be regarded as the House’s time. We believe that the present procedure for setting the agenda for most of the House’s business, which is not under the auspices of the Backbench Business Committee, is inadequate and disrespectful to Parliament, remaining in clear violation of the principles in the Wright report. The need for reform is obvious and urgent, so we remake—not make for the first time—the case for a House Business Committee, which has been accepted and signed up to by the Government. I shall quote the coalition agreement.
Wright Committee
Debate between Tom Brake and Graham Allen(10 years, 10 months ago)
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Tom Brake
I agree and I understand the point. It was just a cheap jibe, to which the hon. Gentleman responded. The changes also include the use of social media by Select Committees during inquiries and meetings.
Having put on record some of the substantial achievements, I shall respond to some of the points made in our debate. I congratulate the hon. Member for Nottingham North (Mr Allen) on securing the debate. I do not share his rather apocalyptic vision of our parliamentary democracy. He knows that Parliament and the Executive are not separate. I do not believe, as he seems to, that Government are dominating Parliament. The Chair of the Backbench Business Committee, the hon. Member for North East Derbyshire (Natascha Engel), might have been slightly offended by that suggestion, because it is widely recognised that her Committee has grasped a substantial proportion of what was previously Government time and on the back of that initiated a series of important debates, a third of which have taken place on days other than Thursday. They do not always take place on Thursdays, but as she commented, Thursday is a sitting day. Many of us spent many years campaigning to secure our positions in Parliament, so one would expect Members to be willing to work or stay on Thursdays to participate in debates that take place then.
I think the hon. Member for Nottingham North encouraged me to push reform, if not in government then certainly in a future Liberal Democrat manifesto. David Howarth, who is no longer a Member of Parliament, did a good job of pushing that agenda when he was here, and he continues to do so. I am sure we will want to return to this matter in a future manifesto. We have achieved a substantial amount. The hon. Gentleman threw down the gauntlet to me—as did other Members, including the hon. Member for Wellingborough (Mr Bone) and the right hon. Member for Oldham West and Royton (Mr Meacher)—over the creation of a House business committee, and I will throw down the gauntlet gently in his face, to mix my metaphors. The Government’s position is that if there were a House business committee proposal on the table it would have to pass certain tests, and some Members outlined what those tests should be. The Government should retain control of their legislative programme, and the committee should respect the remit of the Backbench Business Committee; it should take into account the views of all parts of the House; it should retain the flexibility to change the business at short notice in response to fast-moving events; and it should co-ordinate business with the House of Lords, to which I do not think any Member referred. If any Members came forward with such a proposal, I am sure that other Ministers and I would want to look at it carefully.
Mr Allen
I accept all the tests that the Deputy Leader of the House has put on the table. I return the gauntlet unsullied, and with it I will send him the report by the Select Committee on Political and Constitutional Reform, which is under consideration at the moment, within a matter of weeks. Its recommendations meet all the tests and I will be keen to see the reforms move forward, and perhaps even the promise kept.
Tom Brake
I thank the hon. Gentleman for gently throwing the gauntlet back at me and I look forward to receiving that report, to which we will give considerable attention on publication. He also referred to the importance of pre-legislative scrutiny and said that it should be central to the business of Government. I agree, but there will always be circumstances in which that is not possible due to timing.
To some extent, the hon. Member for Wellingborough shared the apocalyptic vision of our failing democracy. I am glad that he explained why he had been sleeping with the hon. Member for Dunfermline and West Fife (Thomas Docherty). I welcome the Sunday columnist’s suggestion that the hon. Member for Wellingborough might be a Liberal Democrat plant, campaigning on behalf of the Liberal Democrats within the Conservative party by pushing an agenda that includes restoring the death penalty. I congratulate him on his commitment to raising such issues and on trumping the Government in securing time to highlight things that he wants to address. He referred to the Committee of Selection. The Procedure Committee is looking at elections to that body.
Lobbying
Debate between Tom Brake and Graham Allen(10 years, 10 months ago)
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The Deputy Leader of the House of Commons (Tom Brake)
I congratulate the hon. Members for Hemsworth (Jon Trickett) and for Harrow West (Mr Thomas) on initiating the debate and on giving the coalition Government an opportunity to set out how we are tackling third-party influence. I am happy to congratulate them, but I must gently chastise them too. Their motion is the most egregious attempt to jump on a bandwagon that I have seen in recent years. They call on the Government to introduce a Bill on lobbying before the summer recess, when we had already announced such a Bill two weeks before. At the same time, and in the same breath, for the first time in three years they are calling for cross-party talks when they know that such talks would make the task of delivering a Bill by the summer recess virtually impossible. They will of course have an opportunity to demonstrate their desire for a consensual, cross-party approach as the Bill makes its passage through the House, and we look forward to their wholehearted and constructive support.
I should like to thank the Chairman of the Political and Constitutional Reform Committee, the hon. Member for Nottingham North (Mr Allen), for the valuable scrutiny role that his Committee plays. I know that he will not be entirely satisfied with the way in which the Government intend to proceed, given the report that the Committee has produced, but I believe that our proposals are well thought out, perfectly formed and tightly focused. We will not adopt the full-blown register that he is seeking, but I hope that our proposals on a third-party register and those on ministerial reporting—which will require any meeting with an in-house lobbyist to be reported, with a description of the discussions—will provide the transparency that he wants.
Mr Allen
Speaking on behalf of the Select Committee, which studied the proposals in some detail, I am not proposing that the Government should accept the things that we said in our report. I am saying that the House as a whole should be given, say, three weeks under the auspices of the Select Committee to examine the Bill seriously, preferably before its Second Reading but even during an interregnum after that point, so that any Member, anyone in Government and anyone in the lobbying profession can make their views plain. Whatever shape the Bill is in—I am sure that it is perfectly formed—we might be able to improve it slightly through such an examination.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. The hon. Gentleman is a very experienced Member, and he has already made his speech in the debate. We do not need a second one. Good interventions are short interventions.
Mr Allen
On a point of order, Mr Deputy Speaker. Is it in order to pray in aid the Select Committee when I have been clear, impartial and open with the House about our Select Committee’s scrutiny and the failure of the Government to respond to our report within a year? Is it somehow acceptable for the Minister to pray in aid the Select Committee in pursuit of arguments that he cannot seem to make himself?
Mr Deputy Speaker (Mr Lindsay Hoyle)
I note that point and it is on the record. As the hon. Gentleman will know, I am not responsible for, and have no desire to be responsible for, the speech of the Deputy Leader of the House.