William Cash
Main Page: William Cash (Conservative - Stone)Department Debates - View all William Cash's debates with the Leader of the House
(14 years, 2 months ago)
Commons ChamberThis is the first time I have spoken with you in the Chair, Mr Deputy Speaker, so I welcome you. As the Deputy Leader of the House said in the final stages of the debate that has just ended, we will not be moving motion 13, and I shall explain why not in a moment.
Today we are presenting the House with an opportunity to seize back some of the powers that have been taken away by the Government. We want to restore to Back-Bench Members greater control over the business of the House than they have had for not only a generation, but more than a century. As the hon. Member for Nottingham North (Mr Allen) said earlier, in future, how long debates such as this last and whether they should be segmented into their component parts will be a matter for the House and the Back-Bench business committee, and no one will be more pleased about that than the Leader and Deputy Leader of the House.
In tabling the motions on the Order Paper, we are pressing ahead with the implementation of the Wright Committee’s proposals by setting up the Back-Bench business committee that was endorsed so emphatically by the House in the previous Parliament, and delivering the first of the Government’s commitments on parliamentary reform from the coalition agreement. Although many members of the Wright Committee are no longer in the House, I pay tribute to them, and to those who remain, for a ground-breaking report produced in record time. I similarly commend the work of Parliament First, which is continuing to set the pace on reform.
Although many useful reforms were introduced in the last 13 years—debates in Westminster Hall, better sitting hours and the replacement of Standing Committees with Public Bill Committees—on some occasions the momentum was frustrated by the previous Government. If one looks at the delays and prevarications in setting up the Wright Committee and debating its report—and, indeed, reaching a conclusion on its central recommendation of a Back-Bench committee—they make the case more eloquently than anything else for the Government to relinquish their iron grip on the procedures and agenda of the House. Now we are finally giving the House a chance to debate and vote on that issue.
In the context of the iron grip to which my right hon. Friend refers, is there any reason why we cannot have the committee for an entire Parliament?
I will come in a moment to the question of whether the committee should be established for one year or five years.
I turn now to Standing Order No. 14. It is just over 107 years—in fact it was on 1 December 1902—since the House first passed a Standing Order governing the precedence of business at different sittings. That was the predecessor of today’s Standing Order No. 14, which provides for Government business to have precedence at every sitting, with certain exceptions. The motions before the House today will change that proposition radically. For the first time in over a century, the House will be given control over significant parts of its own agenda.
The new committee will give Back Benchers the power and time to schedule debates on issues that matter to them and to their constituents, and allow the House to become more responsive to the world outside. Motions 2 to 5 establish the committee, make arrangements for its election by secret ballot of the whole House and set out its powers and role. Much of what we propose is self-explanatory and, in the interests of brevity, I will direct my remarks towards those points that I feel need some further explanation, and on which Members have tabled amendments.
In the light of what has just been said by my right hon. Friend the Member for East Yorkshire (Mr Knight)—the Chairman of the Procedure Committee—and in the light of the important points made by my hon. Friend, does my hon. Friend accept that any restriction on the number of days will exert pressure on private Members’ Bills? For example, a Bill may need more time, particularly on Report. In my 26 years in the House, I have so often seen Bills fall at that point because they needed Government time to reach their final stages and that was not possible. My hon. Friend is entirely right to insist that the maximum possible number of days should be available.
I thank my hon. Friend. I was intending to deal with that issue shortly.
I suggested five additional days to balance the Sessions, but I have not moved the trigger forward. That means that after the eighth private Members’ Friday progress can be made on Bills, which will make it easier for Members taking part in the ballot to ensure that their Bills are heard and passed into law. I thought that there was a bit of smoke and mirrors in the statement by the Leader of the House.
I have not much more to say, but I want to tell the House where I think the five extra days should go. I was going to say something about Wednesdays, but that point has already been dealt with. I propose—this touches on a point made earlier about September sittings—that two of the extra days should be in September, so that the September weeks become even more important. I was not here on the last occasion when the House sat in September, but I understand that there was a feeling that the House was almost “going through the motions”. If two of those Fridays were devoted to private Members’ Bills, the sittings would become even more important. I have also proposed adding one day in October this year, one day in June, and one day in July next year. Sittings on those days would inconvenience no one, and would add dramatically to parliamentary democracy.
Another of the last Government’s objections to more sitting Fridays was that they would somehow prevent Members from carrying out constituency business. As my staff members have reminded me today, constituency business continues throughout the week, and is certainly not restricted to Fridays. Moreover—new Members may not know this—Members do not come to the House on days when private Members’ Bills are debated unless they are interested in those Bills. Normally there is no Whip to ensure that Members attend, so there would be no requirement for a full House.
In proposing the five additional days, I am merely suggesting that the number should be returned to what would be expected in a normal two-year cycle. In a two-year period, we would expect 26 Fridays for private Members’ Bills. Given that there were only eight in the last Session, an additional 18 in the current Session would produce the 26 that would normally have occurred. I am not proposing to increase the number of days for private Members’ Bills; I am proposing to keep it in line with the spirit of Standing Orders and the House.
The public are still clamouring for change in the way in which politics is conducted, and for a check on the power of the Executive. Parliament must be allowed to fulfil its role, and Members of Parliament must be allowed freedom to express their opinions and those of their constituents. How the Government respond to this issue will be an important public indication of their commitment to real openness. I am pleased to have received a pledge from them that this will be a free vote, and that there will be no guidance from the Whips. This is a genuine House matter, and it could lead to a huge leap forward. Tonight, Members will have a chance to express their opinions about private Members’ Bills without any influence.
I feel strongly that the case that the hon. Gentleman puts is entirely justified. It is incredibly important to remember that according to “Erskine May”, the first duty of the Speaker is to protect minorities. That is absolutely fundamental. There is no reason whatever that I can think of why any Member from a minority party, be they an independent, or a member of Plaid Cymru, the Scottish National party, or the Democratic Unionist party, should ever be excluded from full participation in the House.
I am grateful for the hon. Gentleman’s intervention. He is right. As I said to the hon. Member for Chichester (Mr Tyrie), minorities should be respected. If anything, we should be over-represented to ensure that differing voices are heard. What is wrong with hearing diverse voices in this House? What are people afraid of? Of course we should be on Select Committees and should be part of them. The Government should be listening to this, because our party is not just a minority party, but the party of government in Scotland. Our party is in a minority Government in Scotland, and the party of my hon. Friend the Member for Dwyfor Meirionnydd is in a coalition Government in Wales. Why do the Government not want to hear those diverse voices in all the workings of this House?
I will tell the House how bad things were. It was not just that we did not have a place on the Scottish Affairs Committee and the Welsh Affairs Committee; when we turned up at the House for our customary little chit-chat with the usual channels, we were told that there were no places for us on any Select Committees, because that is what the Wright proposals suggested. Before the hon. Member for Nottingham North (Mr Allen) gets on his high horse, let me say that that was how the usual channels interpreted the Wright proposals—no places for us on Select Committees, and effective exclusion from scrutiny of Government Departments. That is what was offered to us.
I will, because the hon. Gentleman made such a good intervention last time.
Sometimes, it is from minorities that major parties develop. That has to do with what is called freedom of speech. When people hear the minority view, they have the opportunity to get that view across to the public. To be excluded is a complete derogation from freedom of speech.
I am pleased that I gave way again to the hon. Gentleman, because he is spot on. That is what the issue is about. I hope that the House hears tonight that we have a meaningful contribution to make. My modest little amendment (e) is an attempt to address the issue. It aims to make sure that the minority voice is heard, as the hon. Gentleman says. It is about saying, “Let’s see what we can do to get the smaller parties of the House involved and on board.”
As I have said, there is no way that we would ever be considered for a place on the Back-Bench business committee; that is just not going to happen, and I hope that that will be conceded. We do not yet know how its members will be determined. I know that it will be through an election, but there will be some sort of mechanism or procedure to ensure that Labour, Liberal and Conservative Members are on it. That is 100% certain; I bet you any money, Madam Deputy Speaker, that there will be one Member from each of those three parties on the Committee. It is also almost entirely certain—again, I bet you any money—that there will be no Member from the minority parties on it. We have to change that; we have to ensure that that does not come to pass.
My amendment suggests that we increase the number of members of the Back-Bench business committee from eight to 16. Why 16, you ask, Madam Deputy Speaker? It is because that always seems to be the magic number at which we start to come into play.
Congratulations, Madam Deputy Speaker, on your election to that important post.
I begin with the constitutional background to the role of Members of Parliament in general and Ministers in particular. I have said on several occasions over the past few years that one of the reasons why the importance of the House in the public mind has been so reduced is Members’ lack of involvement and attendance in the Chamber, which has not been the case during this debate or since the new Parliament commenced. The use of procedural devices such as the guillotine, and the manner in which the previous Government handled Government business over the past 10 years, have been a disgrace. Indifference on the part of Members of Parliament has increased to an extent that I did not think was possible when I entered the House 26 years ago.
However—I say this as one who has a certain scepticism about coalitions—I congratulate the Leader of the House and the Deputy Leader on the speed with which they tabled the motion. I say that with feeling, because if used properly, it has the capacity to improve greatly the involvement of the House and the quality of debates.
People often imagine that we do next to nothing in the Chamber. That is partly because of the failure of parliamentary reporting of what goes on in the House. For those who do not have the parliamentary channel, for example, and who are reliant on the few minutes that are given to “Today in Parliament”, it is difficult to have any concept of what goes on here. That is partly due to the fact that Back Benchers have been largely excluded from the briefing processes now available to the media and the machinery that is available to enable Members to be heard by the public outside.
I say that with feeling as one who, if not a serial rebel, has consistently held strong views, if I may say so—for example, on a debate that took place in Westminster Hall this morning on the sovereignty of the United Kingdom Parliament and the European Union. I would be extremely surprised if that makes the “Today” programme, “Yesterday in Parliament” or “Today in Parliament”.
The way in which the House is perceived is profoundly affected by the sucking away of the deliberations of the House from the Chamber at a time when the whole of Europe is imploding, the German Government is in a state of implosion, the Greeks are in a state of implosion, unemployment is rampant and the impact of immigration is flowing all over the continent. It is astonishing that, as heard from the outside, matters of such importance cannot get the coverage in Parliament that they deserve.
We heard yet again from my right hon. Friend the Leader of the House that the Wright Committee proposals will be accepted in full. If I have slightly misunderstood, I am happy to be corrected, but I see that paragraph 177 states:
“On some business there needs to be an explicit partnership between Ministerial and backbench scheduling: this includes the length of debates on the Budget and Queen’s Speech, the timing of Estimates Days and the handling of secondary legislation and European documents on the floor.”
One of the things that I noted was excluded from the province of the Back-Bench committee is European documents. If the Wright Committee proposals are to be accepted in full, I cannot see why European documents should be excluded.
I say that for good reason. I have been on the European Scrutiny Committee for 26 years. I doubt whether many other Members have served on a Select Committee for anything like that length of time. As I said in the debate this morning in Westminster Hall, not once, at any time in those 26 years, has any vote ever been passed on the Floor of the House or in a European Committee to overturn a decision in the Council of Ministers, bar one that I can recall, and that was immediately overturned on the Floor of the House. In other words, the very fact that we are committed to the European Communities Act 1972 has meant that we are not allowed to pass any legislation inconsistent with it. So I am puzzled as to why that partnership arrangement, which was described in paragraph 177, has not been included, as far I can judge, in the proposals before us.
However, on the extent of the committee’s terms, I again have considerable sympathy with those who have tabled amendments to the proposals to restrict the period for which the chairman and committee members can be elected. Indeed, that is why I have put my name to a variety of them. Despite the responses of the Deputy Leader of the House and the Leader of the House to interventions, I cannot understand the real reason behind restricting the chairman and members to election merely for one year—until, perhaps, we consider the review of the committee’s operational arrangements. Despite the sophistry that I heard from the Deputy Leader of the House and, indeed, the Leader of the House regarding the length of time, I am still extremely unhappy about the idea that the chairmanship, the membership and the length of time for which the committee is to be given a full opportunity to be seen to operate should be temporary arrangements. The operational restriction to one Session is a very suspicious business.
I know my right hon. Friend the Leader of the House quite well; I have watched him over many years and I would not normally regard him with suspicion. He is very shrewd and intelligent, and he tells me that he can justify a review after one year, but I am not impressed by the answers that we have received so far. The measure just does not stand up, and I know that many other hon. Members feel the same way. It has—to use another expression—a bit of a pong about it.
Some people might use the Back-Bench business committee to advance causes, and that, after all, is what Back Benchers are supposed to do. Members do not just react to Government business; they might want to promote ideas. I do not agree with all the arguments that the minority parties have presented on, for example, aspects of devolution, and there are many arguments on the Barnett formula and all sorts of things where we might have serious differences, but they and Back Benchers generally have a right to be heard.
As I have said on previous occasions, what we need more than anything else in this House is Back Benchers with backbone. During my 26 years in the House, I have been involved in quite a few controversies and I have seen some serious ones develop. Ultimately some Members have seen them through and some have not. I hope that the Back-Bench business committee will not just represent a vague opportunity for people to have their say but that they will actually do something, and that the committee will therefore be used effectively in relation to causes as well as Government business.
I would never suggest that the hon. Gentleman lacked backbone, and I doubt whether any Member would. Some might accuse him of being a little rigid, but lacking backbone—never. I agree very strongly that if someone were elected for one Session only, they might be put under pressure by all manner of people, and that would deny the committee an independently minded chairman who would fight for the rights of Back Benchers. The hon. Gentleman makes a very important point.
By way of tribute to the hon. Gentleman, I note how strongly he feels about matters relating to Africa, for example, as I do. We have shared many arguments and discussions on that subject. The question is whether, in that sphere or any other, a person’s cause might be affected via a behind-the-curtain attempt by the Whips to undermine them and thereby get them away. I remember the late Gwyneth Dunwoody, who was removed from the Transport Committee, and Sir Nicholas Winterton, who was removed from the Health Committee. Let us not for a minute imagine that the machinations of the Whips’ magical powers would not get to work if somebody stepped into the arena and started to make use of the Back-Bench business committee.
However, I really do pay tribute to the Leader of the House, the Deputy Leader of the House and, indeed, the coalition Government, because they have stepped into the arena and, with those proposals, allowed Parliament to become an arena where risk is part of Government business. That is a tremendous step in the right direction, but it will be fulfilled only if the ingredients are allowed to develop and evolve. The termination point on the committee’s chairmanship, membership and operation puts square brackets around it, as if the Government are saying, “We think it’s a good idea and we do want to give power back to Parliament, but we don’t want to give them too much, because we want to put them on notice, and when we put them on notice the Whips get to work.”
I say that with respect, because I see my hon. Friend the Member for Kenilworth and Southam (Jeremy Wright) and Whip sitting on the Front Bench. We get on well together and have got on in the past at a personal level. The issue is nothing to do with personalities; it is to do with the operation of the Whips Office, which is driven by what the Prime Minister and No. 10 want, and by senior Ministers and Secretaries of State. That involves the interplay of personalities and principles, and questions of compromise and how business is to be put through. Do people who really believe in something, even within their own party, have the opportunity to express their views and to carry them through? That is why European business is constantly before the House, but on the basis of “take note”, rather than a vote. In other words, one is allowed to discuss such business and one is tolerated but, even having been right over an extended period—for which one must not of course try to make any claims—one is not allowed to vote on it or to obtain other people’s support, because that is beyond the pale.
Before the hon. Gentleman is diverted too far down the European track, may I bring him back to his point about the Back-Bench business committee and the influence of the Whips? Does he not fear, as I do sometimes, that the committee could itself become a powerful elite of senior Back Benchers? How can we best guard against that?
We cannot guard against it at all. The Government have all the powers that they need, and Parliament is sovereign and omnipotent—we are told so. Ministers are appointed by the Crown, and they have the patronage, the salaries, the prestige and the opportunities to direct business and make policy. They are chosen—they are appointed. They are certainly elected to the House, and that is where they get their true reason for existence, because they are elected by the people. As I have said so many times, it is not our Parliament, it is the Parliament of the people, so a Minister is no more important in the sense of election, and that is one of the great virtues of our parliamentary system. It is not like the American system, in which there is an elected President and the separation of powers.
Members of Parliament and members of the Government who are Members of Parliament are in this House; there is no distinction between them in respect of their position as Members of Parliament. If Back Benchers are part of the aggregate of those who are elected, they must be given the opportunity to participate in the making of policy—that is why I mentioned the word “causes”—and in taking decisions relevant to Back Benchers’ business. That is why I applaud these proposals so much.
I understand why ministerial business is excluded in this context, because such business is the job of the Government. We are often told that this Parliament is one of parliamentary government. I do not like that phrase; our Parliament is a Parliament made up of people who are elected, some of whom are appointed by the Crown and some of whom are given the opportunity, through the leaderships of their respective parties and the Whip system, to have the right to promote their ideas and policies and turn them into legislation.
I simply say to the hon. Member for North East Derbyshire (Natascha Engel) that it is wrong to imagine that too much power can be vested in Back Benchers. Back Benchers are no more or less important than Ministers in terms of their parliamentary engagement and involvement. Ministers are, of course, important, because they have the right to make decisions on behalf of the Crown. However, their importance does not extend beyond that in parliamentary terms.
My feeling about all the proposals is that they are a thoroughly good step in the right direction. Given the sense of uncertainty resulting from their being confined to merely one Session, I hope that their tentative nature will not be sustained. I shall be voting for the amendments in the name of the hon. Member for Nottingham North (Mr Allen), whom I greatly respect. I am delighted that he is now Chair of the Constitutional Reform and Political Committee—or is it the Political and Constitutional Reform Committee? Whichever way round the name is, I am absolutely certain that he will do a very good job. Other than that, I am delighted that the Leader of the House and Deputy Leader of the House have agreed not to press the last of the proposed motions.
Finally, I turn to Westminster Hall. I have heard from the Leader of the House about the number of days allocated to the Floor of the House as compared with Westminster Hall; it is a mathematical thing, I suppose. If only seven days are to be involved, perhaps the issue will not matter quite as much. However, I am concerned about one aspect. There are no votes in Westminster Hall, but there are on the Floor of the House. I leave the House with this thought. I would not want days on which there should be votes on big issues to end up, by some means that I cannot envisage at the moment, being Westminster Hall days on which there is no vote. Westminster Hall is a good innovation, but some matters need votes on the Floor of the House and we do not want Westminster Hall to be used as some kind of cul de sac into which matters arising from Back-Bench business could be driven when a vote would be inconvenient.