Business of the House

Cheryl Gillan Excerpts
Thursday 9th January 2014

(10 years, 4 months ago)

Commons Chamber
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Lord Lansley Portrait Mr Lansley
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I am grateful to the right hon. Gentleman for his question. In so far as the campaign announced this morning models itself on Consensus Action on Salt and Health and its approach, I will be very supportive of it, because I worked very closely with CASH and Professor MacGregor, and we have had significant success in reducing the amount of salt in food.

It must be understood that such campaigns will be achieved only by working with the industry on a voluntary basis—that is what the responsibility deal is about—and only on an incremental basis. The level of sugar in food cannot be slashed suddenly—otherwise, people simply will not accept it—but that is what the campaign intends and we should do that. However, inaccurate analogies do not help: I just do not think that the analogy between sugar and tobacco is appropriate. We have to understand that sugar is an essential component of food; it is just that sugar in excess is an inappropriate and unhelpful diet.

Cheryl Gillan Portrait Mrs Cheryl Gillan (Chesham and Amersham) (Con)
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The Leader of the House will recall that on 19 December I raised with him the woefully inadequate 56 days given for people to respond to a 50,000-page environmental statement on High Speed 2, and I thank him for sending me a letter and making a formal correction to his response in Hansard.

Is my right hon. Friend aware that it has transpired since I asked that question that information has been left off the memory sticks and the online and hard copies of the environmental consultation material, and that environmental groups are not able to get hold of vertical profile maps with contours, which are particularly important in the light of the decision to dump 1 million cubic metres of soil in an area of outstanding natural beauty?

Is the Leader of the House also aware of a report in the Lichfield Mercury about HS2 Ltd having confirmed that individuals can petition against the HS2 hybrid Bill only if they have responded to the environmental consultation by 24 January? I do not believe that that can be true—it would have been slipped in as a way to short-circuit the process and to reduce the number of people petitioning against HS2—but will he look into that report and tell me whether it is true? Will he also tell me how the consultation period can be extended, given all the administrative failures by HS2 Ltd and the Government?

Lord Lansley Portrait Mr Lansley
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In order to be as helpful as I can to my right hon. Friend and other Members who have a constituency interest in the procedure for the HS2 hybrid Bill, I will, if I may, look into the issues that she raises and, in co-ordination with my right hon. Friend the Secretary of State for Transport, ensure that we reply to her and place a copy of the letter in the Library of the House so that Members can see the procedure for the hybrid Bill.

Business of the House

Cheryl Gillan Excerpts
Monday 6th January 2014

(10 years, 4 months ago)

Ministerial Corrections
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The following is the answer given by the Leader of the House of Commons, the right hon. Member for South Cambridgeshire (Mr Lansley) to the right hon. Member for Chesham and Amersham (Mrs Gillan) during Business of the House on 19 December 2013.
Cheryl Gillan Portrait Mrs Cheryl Gillan (Chesham and Amersham) (Con)
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I have spoken to the Leader of the House on several occasions about my concerns over the environmental statement on HS2 that has been issued by the Department for Transport. The fact that it is tens of thousands of pages long is putting great strain on our environmental organisations, because the Department has given them only eight weeks over the Christmas period in which to respond to it. Furthermore, the memory sticks containing those tens of thousands of pages had to be recalled because of omissions and errors, and new ones had to be issued. Will the Leader of the House allow a debate on the possibility of extending the consultation period immediately?

Lord Lansley Portrait Mr Lansley
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I know how assiduously my right hon. Friend is pursuing the interests of her constituents in relation to this matter. I am not in a position to extend the period as she requests, not least because the 56-day consultation period for the environmental statement that precedes the production of a report by the person appointed by the House was determined not by the Department for Transport but by the House, by means of orders made in June relating to changes in the Standing Orders covering hybrid Bills.

[Official Report, 19 December 2013, Vol. 572, c. 898.]

Letter of correction from Mr Lansley:

An error has been identified in the answer given to the right hon. Member for Chesham and Amersham (Mrs Gillan).

The correct response should have been:

Business of the House

Cheryl Gillan Excerpts
Thursday 19th December 2013

(10 years, 4 months ago)

Commons Chamber
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Lord Lansley Portrait Mr Lansley
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The hon. Gentleman will be pleased to know that there will be questions to the Secretary of State for Environment, Food and Rural Affairs on the Thursday after the House returns. He might wish to raise that important and interesting matter at that time, and I will ask the Secretary of State to respond to him.

Cheryl Gillan Portrait Mrs Cheryl Gillan (Chesham and Amersham) (Con)
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I have spoken to the Leader of the House on several occasions about my concerns over the environmental statement on HS2 that has been issued by the Department for Transport. The fact that it is tens of thousands of pages long is putting great strain on our environmental organisations, because the Department has given them only eight weeks over the Christmas period in which to respond to it. Furthermore, the memory sticks containing those tens of thousands of pages had to be recalled because of omissions and errors, and new ones had to be issued. Will the Leader of the House allow a debate on the possibility of extending the consultation period immediately?[Official Report, 6 January 2014, Vol. 573, c. 2MC.]

Lord Lansley Portrait Mr Lansley
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I know how assiduously my right hon. Friend is pursuing the interests of her constituents in relation to this matter. I am not in a position to extend the period as she requests, not least because the 56-day consultation period for the environmental statement that precedes the production of a report by the person appointed by the House was determined not by the Department for Transport but by the House, by means of orders made in June relating to changes in the Standing Orders covering hybrid Bills.

Business of the House

Cheryl Gillan Excerpts
Thursday 17th October 2013

(10 years, 7 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake
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I thank my hon. Friend for drawing my attention to that issue, of which I was not aware. I am sure that she will pursue the matter at Business, Innovation and Skills questions next Thursday. It might be possible for me to secure a response for her in the interim.

Cheryl Gillan Portrait Mrs Cheryl Gillan (Chesham and Amersham) (Con)
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As the Deputy Leader of the House knows, the Government are planning to introduce a hybrid Bill into the House before the end of the year on the vexed subject of High Speed 2. It will be accompanied by an environmental statement that contains more than 50,000 pages of information. On the day on which it is laid, the Government’s consultation period will commence. It is rumoured that it will be only eight weeks long and will take place over the Christmas period. Will he grant a debate on the efficiency and effectiveness of the consultation periods that are being allowed by the Government, to ensure in particular that my constituents and other people who will be affected along the line have a decent time to reply to what will be one of the largest environmental statements in history?

Tom Brake Portrait Tom Brake
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Again, I am not in a position to guarantee such a debate. However, my right hon. Friend will be aware that the High Speed Rail (Preparation) Bill will be debated in this place on Thursday 31 October and she may have an opportunity to raise those issues during that debate. She will also be aware that there have been many legal challenges to what the Government are doing on this issue, but that overwhelmingly the Government have been successful in overturning them.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Cheryl Gillan Excerpts
Tuesday 8th October 2013

(10 years, 7 months ago)

Commons Chamber
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Bernard Jenkin Portrait Mr Jenkin
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I recognise the sentiment the hon. Gentleman expresses, and I share his outrage at any abuse that he suggests took place, but we have our own rules in this House. We adjudicate on these matters, and in fact we apply very harsh terms to people we believe to be guilty of paid advocacy. For many decades, since 1945 or even earlier, paid advocacy has been utterly abhorrent to this House. No longer do we have MPs sitting in the railway interest, as they did during the 19th century. The important distinction here is that we regulate that from within this House, as proceedings of this House. We do not need or require the courts to interfere in those matters. I do not think we are providing any leniency to Members that the courts would not also afford. Indeed, it might be far harder to obtain a prosecution in court for a matter such as that than to create in this House the right atmosphere of discipline and self-discipline that we expect from all hon. Members.

Cheryl Gillan Portrait Mrs Cheryl Gillan (Chesham and Amersham) (Con)
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I am following my hon. Friend’s argument closely. Rather than my standing here in the railway interest, I stand in the anti-railway interest in respect of HS2, hoping that the Government will see sense and abandon the project. Will he confirm that there should be nothing in the Bill that would restrict my standing up on behalf of my constituents against HS2, or restrict my constituents in lobbying this place against that project?

Bernard Jenkin Portrait Mr Jenkin
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I wholly agree with my right hon. Friend. I just want to emphasise that the amendments I am speaking to deal with the narrower question of privilege, although I will return to the risk, which I think the Minister must address, of the wider drawing in of Members’ activities into the scope of the Bill.

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Cheryl Gillan Portrait Mrs Gillan
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I am most grateful to the hon. Gentleman, who has been very generous in giving way. I have taken a great interest in autism and introduced a private member’s Bill that ultimately became an Act. I worked with the National Autism Society, which provided me with back-up, information and material for distribution among colleagues. I worry that the Bill would inhibit any MP in acting that way. I was acting not on behalf of a constituent but on behalf of the cause, and will continue to do so. I want to make sure that nothing stands in the way of that work of an MP.

Gareth Thomas Portrait Mr Thomas
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I commend the hon. Lady for her work with the National Autism Society, not least because it does an excellent job but also because a former member of my staff works for it. Whether her work with the National Autism Society would have been called into question by the Bill is an extremely pertinent point. It is a worry that Ministers rushed out the Bill, and it appears—this is why I have asked the question of the Leader of the House—that not very much advice was taken from the House authorities before the Bill was published. As a result, considerable concerns have been raised by Members on both sides of the House, detracting inevitably from the House’s ability to look at other parts of the Bill.

Will the Leader of the House set out with whom he, his ministerial colleagues or others involved in drafting the Bill consulted before inserting the offending paragraphs? I ask because it has not always been easy to track which Minister and which Department was leading on this Bill and it would be useful to know whether the Leader of the House has considered whether a repeat of the error might be avoided in the future. I emphasise gently to the Leader of the House that the mistake might have been avoided had there been pre-legislative scrutiny, a further period of public consultation and a proper attempt to involve the Political and Constitutional Reform Committee in particular.

I turn now to a question that I raised in an intervention on the hon. Member for Harwich and North Essex: the impact of the Bill on the other place. As the Bill is currently drafted, a Member of Parliament’s pay could also be construed—a point the right hon. Member for Wokingham made—as payment for third-party consultant lobbying. In the other place, peers are given an allowance and are not paid a salary. There is an expectation that those in the other place can earn a living beyond their work there. The House of Lords code of conduct is currently being reviewed by a sub-committee of the Joint Committee on Parliamentary Privilege. It would be helpful to get a specific assurance from the Leader of the House, or his colleague the Deputy Leader, on the extent to which, if at all, the Bill as drafted, and as it would be if the Government amendments were carried, would affect the other place. These are clearly questions that members in the other place will want to explore, quite rightly. But we also have a responsibility to think through some of the issues around the other place. It would be helpful to hear from the Leader of the House on the extent to which he has considered this question.

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John Redwood Portrait Mr Redwood
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A couple of Opposition Members have raised the issue of paid advocacy and I want to reassure anyone following our debate that no one in this Chamber is saying that MPs should be allowed to receive top-up money from outside this House and then advocate the cause of those paying them. That is clearly wrong. It is against the rules and nothing in the Bill would facilitate it. I think we all agree on that, so that argument is a red herring.

The issue we are debating is the crucial one of the legitimate role of an MP and whether it can continue untrammelled by a Bill that could inadvertently capture legitimate things that an MP does. If the Leader of the House is going to guide us to reject the new clause, I want reassurance that the lobbying element of an MP’s job will be completely untouched by the way in which he wants the Bill to end up. In moving the new clause, my hon. Friend the Member for Harwich and North Essex (Mr Jenkin) made it clear that he is trying to resolve the issue of the legitimate work of an MP.

A very important part of an MP’s job is to be the chief lobbyist for their constituency but, as colleagues have said, we may also wish to be a lobbyist for another interest group that is not based in our constituency. It may be a very important part of a shadow Minister’s job to represent an industry, charity or group of underprivileged people who are not in their constituency, in order to shape national policy. Individual Members may wish to pursue similar themes, even if they are not prominent in their constituencies. It enriches our debates and makes for a fairer society if anyone from outside this House can find MPs who support their cause and who can be their advocates. We are lobbyists for all sorts of groups and interests throughout the country, whether they are in our constituencies or not. It is very important that a court or external body does not assume that, because we are paid a salary and because we lobby Ministers on behalf of the interests of people and companies throughout the country, we are subject to the rules under discussion.

I agree with my hon. Friend the Member for Stone (Mr Cash) that we are not seeking special privilege. We are saying that this Bill is designed to stop abuse of the lobbying system and I want a reassurance from the Leader of the House that it has not been worded in a way that inadvertently could trap MPs as if we were an abuse of the lobbying system, when the healthy expression of lobbying, through and of MPs, is fundamental to our democracy. I think that view is shared throughout the Chamber. The great difference between a free society and a tyranny or an authoritarian regime is that any group, interest, person or company in our country can try to find an MP who thinks they have a fair cause, and if they persuade an MP of that—without any payment of money or anything inappropriate—their cause can run in this House and have the chance of influencing Ministers.

I hope that the Leader of the House can reassure me that the Bill will leave absolutely no doubt that we can be lobbied and that we can lobby, and that we are the free lobbyist for anyone with a good cause.

Cheryl Gillan Portrait Mrs Gillan
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I do not wish to detain the House for long. I agree entirely with my right hon. Friend the Member for Wokingham (Mr Redwood). When the Leader of the House responds to the debate and speaks to his amendments, it is very important that he makes it clear that we as MPs are not placing ourselves in any special position other than to represent the interests of others, which is why we have been sent to this place.

The two instances that I have raised in interventions are highly personal to me, namely HS2 and the National Autistic Society. When people throughout the country read the HS2 Bill they immediately interpreted it as a drag on their lobbying of Government and on MPs who want to speak against the project. More importantly, we have to make sure that charities and other bodies that seek our help do not misconstrue the situation and think that we will be gagged in any way. This is called the gagging Bill in common parlance, which is why I want to make sure that the Leader of the House gives us a reassurance, as I am sure he will. The one thing I know is that he has been listening very carefully to the cases that have been made across the board. Rather than detain the House any longer, I look forward to receiving the reassurances sought by Government and Opposition Members that the Bill will not inhibit us in any way.

Lord Lansley Portrait Mr Lansley
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I am grateful to hon. Members for their contributions to this short debate, and particularly to my hon. Friends the Members for Harwich and North Essex (Mr Jenkin) and for Stone (Mr Cash) for tabling the new clause. I hope I will be able to reassure them that, through Government amendments 28 and 29, we will achieve the objectives that they and other Members seek. I hope that this debate on Report will begin with full agreement on how the Bill should be structured.

There are two issues with regard to this group of amendments: one is parliamentary privilege and the other is the position of Members of Parliament themselves. I reassure Members that the Government are committed to ensuring that the Bill’s provisions do not infringe on parliamentary privilege. The Government recognise that the privileges of Parliament are an integral and, indeed, as my hon. Friend the Member for Stone has said, necessary part of our constitutional arrangements. As the 18th century Clerk of the House, John Hatsell, commented, they are absolutely necessary for the due execution of Parliament’s powers.

Parliamentary privilege is an intrinsic and essential element of our democracy. It upholds Members’ right to freedom of speech and protects Parliament from external interference.

Article IX of the Bill of Rights 1689 reflects those historic and vital rights by providing that

“the freedom of speech and debates or proceedings in Parliament should not be impeached or questioned in any court or place out of Parliament”.

This Bill will in no way challenge the freedom of speech of parliamentarians.

Equally, we are committed to ensuring that the provisions do not intrude on Parliament’s exclusive cognisance and to upholding the principle famously set out by Sir William Blackstone in 1830, that

“the whole of the law and custom of Parliament has its origin in this one maxim, that whatever matter arises concerning either House of Parliament, ought to be examined, discussed and adjudged in that House and not elsewhere.”

As Members have made clear and helpfully acknowledged, following careful consideration we have concluded that the inclusion of a reference to parliamentary privilege in the Bill—either in the manner provided for by paragraph 1 of schedule 1 or in that outlined in new clause 1, if we were to proceed with it—could invite examination, discussion and judgment from sources external to Parliament. The retention or inclusion of such a provision could prompt unhelpful rulings by the courts regarding the nature or extent of privilege or its interaction with other statute. That point has been made by my hon. Friend the Member for Harwich and North Essex and by the report of the Standards and Privileges Committee.

I am grateful to the Committee and to its Chairman for his contribution to the debate. The Committee’s view and its helpful reference to the views of Lord Judge have helped us reach a conclusion. I hope the Committee will agree that Government amendment 28 meets its objective.

I am confident that Members will share our desire to protect Parliament’s right to regulate its own affairs and, as provided in the Bill of Rights, not to have its proceedings questioned. I am equally confident that the way in which that will be ensured in the context of this Bill will be to remove the reference to privilege outlined in paragraph 1 of schedule 1 and, as a consequence and for the same reason, to resist the inclusion of a similar provision as proposed by new clause 1. Government amendment 28 will therefore help to protect the privileges of Parliament from undue judicial interpretation in the context of this statute. I would be grateful if my hon. Friend the Member for Harwich and North Essex would withdraw the new clause in consequence of Government amendment 28.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Cheryl Gillan Excerpts
Tuesday 3rd September 2013

(10 years, 8 months ago)

Commons Chamber
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Lord Lansley Portrait Mr Lansley
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I want to make some progress before giving way again.

As I say, we need to give confidence to the public about the way in which third parties interact with the political system, including about how much money they spend on political campaigning, especially if they seek to influence elections directly. The Bill will also give the confidence that trade unions know who their members are. These are sensible and reasonable steps: we are not setting out to create a burdensome bureaucracy or to deter legitimate campaigning or representation.

Let me deal with part 1 first.

Cheryl Gillan Portrait Mrs Cheryl Gillan (Chesham and Amersham) (Con)
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Will my right hon. Friend give way?

Lord Lansley Portrait Mr Lansley
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I will give way in a few moments.

Part 1 relates to the creation of a statutory register of consultant lobbyists. Let me be clear, first, that lobbying is a necessary—indeed an inevitable and often welcome—part of policy making and the parliamentary process. We should not seek to prevent lobbying, but to make it transparent who is lobbying whom and for what.

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Lord Lansley Portrait Mr Lansley
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I should give way first to my right hon. Friend the Member for Chesham and Amersham (Mrs Gillan).

Cheryl Gillan Portrait Mrs Gillan
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I think every Member would agree with the Leader of the House that we want lobbying to be transparent. As he knows, however, many people all over the country are fighting a project known as HS2, and they firmly believe that the Bill contains provisions that will inhibit their effectiveness in ensuring that their voice is heard by the Government and by Ministers. Will the Leader of the House undertake to give specific consideration to the effect on anti-HS2 campaigns that is apparent from provisions that are already in the Bill, and to ensure, when examining the Bill further, that the voice of those people will never be inhibited by legislation?

Lord Lansley Portrait Mr Lansley
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Let me give my right hon. Friend this assurance. I believe that absolutely nothing in this legislation would prevent those who campaign on issues relating to the High Speed 2 rail route from making their case as forcefully as they wish. However, if at the time of an election they went further and spent money on trying to procure or prevent the election of particular candidates, and if that expenditure exceeded a certain limit, they would quite properly be required, by existing legislation as well as by this Bill, to register and be accountable for it.

Business of the House

Cheryl Gillan Excerpts
Thursday 27th June 2013

(10 years, 10 months ago)

Commons Chamber
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Lord Lansley Portrait Mr Lansley
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I do so look forward to the shadow Leader of the House’s response to the business statement, but mainly—normally—for the humour. On this occasion, however, it fell short of her normal high standards, which is a pity—I look forward to future weeks.

The hon. Lady asked about NHS spending. The figures demonstrate that the coalition Government have met their commitment to real-terms increases in NHS resources year on year. In addition, the Chancellor’s statement yesterday confirmed that we will make provision for a further real-terms increase in NHS resources in 2015-16. As she must recognise, that contrasts with my predecessor as Health Secretary, the right hon. Member for Leigh (Andy Burnham), who regarded real-terms increases for NHS resources as irresponsible—that was the Labour party’s view. We are delivering on our manifesto promises. The NHS could not have afforded Labour’s irresponsible policies.

The hon. Lady asked about time on Report for the Financial Services (Banking Reform) Bill. I direct her to my right hon. Friend the Chancellor’s response on Tuesday to my hon. Friend the Member for South Northamptonshire (Andrea Leadsom). We are clear that we will welcome, and consider positively and carefully, the Parliamentary Commission’s report and that, where necessary, we will legislate to bring its recommendations into force using that Bill. She must realise that the Government have allowed two days on Report more often than did our predecessors, but that that must be an exception rather than the rule. In this instance, as always, we will consider the requirement for debate on Report and make time available accordingly.

I will tell the hon. Lady exactly what the European Union (Referendum) Bill is about: it is about my hon. Friend the Member for Stockton South (James Wharton) taking the lead and giving the people of this country a choice. There are Opposition Members who do not share her unduly cynical view and recognise that it is a genuine attempt by Parliament to exercise its responsibility and give people confidence that they can decide our future in Europe. I and my hon. Friends support it, and I hope that hon. Members from all parties will do so too next Friday.

Given the Chancellor’s statement yesterday and the Chief Secretary’s excellent statement today, I am not sure why the hon. Lady tried to rerun some of the arguments from the Opposition that were demolished by the Chief Secretary. If she wants to talk about future business, she can use the half day available to the Opposition on 10 July, and I would be delighted if they chose to debate living standards in this country, given that yesterday’s statement made it clear that a five-year council tax freeze would be available. I and many others saw council tax double under Labour. Yesterday, the Chancellor announced a three-year council tax freeze and two further years available.

In addition, 24 million basic rate taxpayers will benefit by nearly £700 from the coalition Government’s commitment to increase the personal tax allowance. The consequence of not having to impose the fuel duty escalator will be a saving of £40—13p a litre—for the average motorist. If, on the other hand, the hon. Lady wants to debate the economy on 10 July, she will have the opportunity, among other things, to debate why we are in this situation: because they doubled the debt, leaving us with the highest deficit in the OECD and £157 billion of borrowing, which we have reduced by one third to £108 billion this year.

[Interruption.] It is all very well Opposition Members making gestures to suggest flatlining. The economy did not flatline at the end of the Labour Government; it fell, as new statistics tell us, by 7.2%. There was a 7.2% crash in the gross domestic product of this country. That is the basis of the crisis that we had to resolve when we came into office, and if the hon. Lady wants to have a debate on that, we will be very happy to accommodate her.

Cheryl Gillan Portrait Mrs Cheryl Gillan (Chesham and Amersham) (Con)
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Will the Leader of the House consider allowing a debate on the time allocated to Departments for answering oral questions in the House and, therefore, the time that Members have to scrutinise Ministers and hold them to account? During such a debate, we could perhaps examine why the Department for Transport, which has now been given responsibility for some of the largest capital expenditure in any Department in Government, answers questions for only 45 minutes. We could consider extending that to a full hour, which would be the proper amount of time to allow for correct scrutiny.

Lord Lansley Portrait Mr Lansley
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The total amount of time available is fixed, so if we give more to one Department, we have to take it away from another. We look carefully at the volume of questions to the various Departments—I promise my right hon. Friend that we do this rigorously—and we try to ensure that if a Department answers questions for less than an hour, it is because it has proportionately slightly fewer questions being asked of it.

Hybrid Bill Procedure

Cheryl Gillan Excerpts
Wednesday 26th June 2013

(10 years, 10 months ago)

Commons Chamber
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Lord Lansley Portrait Mr Lansley
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The right hon. Gentleman raises a sensible point. For most people with access to electronic equipment, navigating large documents is perfectly straightforward. In fact, it is probably easier to navigate documents of this length and complexity electronically than in hard copy. Not least, of course, it affords people the opportunity to focus on a local area or to do things such as word searches. I can confirm, however, that reasonable requests for hard copies of maps and section drawings will be met. These could be requested either from local authorities, which will be provided with hard copies for inspection, or directly from HS2 Ltd, which will provide A3 copies. It should further be noted that copies of all maps and sections will be available for inspection in both Houses. I hope that gives the right hon. Gentleman the assurance he was looking for.

If a deposit location would like documents in electronic format, but does not have the equipment to make them available to the community, HS2 Ltd has committed to providing that equipment at its own expense. This is a wholly sensible modernisation of Standing Order requirements, which were originally conceived in the 19th century, and is about making it easier for people to engage with the hybrid Bill process and therefore ensuring the most effective decision making by Parliament.

The second motion also relates to the environmental statement. It is vital that members of the public be made aware of these environmental effects and have an opportunity to comment. It is also important that the public’s views be shared with Parliament before it makes a decision on the principle of the Bill. That is why our proposed changes to Standing Orders will incorporate a formal consultation period for the environmental statement between introduction and Second Reading of the hybrid Bill. Although this follows the precedent of the Crossrail Act 2008, by enshrining this consultation in Standing Orders, we will improve the transparency and certainty of the hybrid Bill procedure.

It should also be noted that the lack of a guaranteed consultation process has been raised in the courts. It is important that we are clear that the proceedings of the House should not be subject, as a consequence of that lack of clarity, to interference from the European Courts.

Cheryl Gillan Portrait Mrs Cheryl Gillan (Chesham and Amersham) (Con)
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I certainly approve of the electronic tabling, because it strikes horror into my heart to think that there are at least 50,000 pages to the environmental statement, and we will need some way of navigating it, but what assurances can my right hon. Friend give me that HS2 Ltd will comply exactly with the Standing Orders? Surely, he needs to examine the time scale he has put into these amended Standing Orders, because 56 days is not enough time to examine 50,000 pages, minimum, of an environmental statement. It is only eight weeks.

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Lord Lansley Portrait Mr Lansley
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As far as I understand it, that is true. The examiner will appoint the assessor, and the assessor will report directly to Parliament. That appointment is not in the gift of the Government. The independence of the assessor is intrinsic to the process, and the role of the assessor is to summarise the views presented during the consultation. The assessor will use their technical expertise to present the environmental assessment issues in a form that Parliament can readily engage with. This is a parliamentary process; the assessor will be appointed by Parliament, not by the Government.

Cheryl Gillan Portrait Mrs Gillan
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I am grateful to my right hon. Friend for giving way again. This is an opportunity for us to probe and to find out exactly what this measure means. What remuneration will be paid to the assessor? Will they be remunerated by the House? Will there be any opportunity for Members to query, adjust, amend or request a revision of the report that the assessor puts forward to enable MPs better to understand the complexity of the environmental statement?

Lord Lansley Portrait Mr Lansley
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On my right hon. Friend’s first point, I simply do not know what the remuneration arrangements are, but I will gladly write to her with that information. It is possible that the assessor will be paid by the Government, but as their appointment is not in the gift of the Government, I do not think that will impinge on their independence at all. As far as I am aware—I will certainly correct this if I am wrong—it will not be possible for anyone to have an impact on the assessor’s report. It will be the job of the appointed assessor to use their technical expertise to deliver the best possible representation of the public’s views, as reported to the consultation, in order to enable the House and the hybrid Bill Committee to engage fully with the process. The report will be made available before Second Reading.

I was talking about the length of time being made available for the consultation period. It is worth noting that the consultation to which the new Standing Order relates will follow the consultation on the draft environmental statement that is currently taking place—it is running from 16 May to 11 July. So there will be two opportunities for the public to make their views on the environmental statement known. Taken together, that supports the view that 56 days is an appropriate period of consultation.

Cheryl Gillan Portrait Mrs Gillan
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I think there is a misunderstanding about the consultation on the draft environmental statement. That consultation did not have to be carried out, but it is being carried out by HS2 Ltd. The consultation on the environmental statement that will appear at the same time as the hybrid Bill has to be carried out by the Government, and not by HS2 Ltd. I do not know what weight will be given to the previous consultation; indeed, it does not actually have to be considered at all.

Lord Lansley Portrait Mr Lansley
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I think it is true to say that the draft consultation taking place now is not part of the formal processes, but that does not mean that the public will not have a significant opportunity to make their views known. Having the draft environmental statement as the subject of consultation now directly relates to my right hon. Friend’s point—that 56 days, the eight-week consultation period, does not come in, as it were, in relation to an environmental statement that has not been prefigured by the consultation on the draft. In any case, if those responding to the draft consultation feel strongly about those issues, they should make their views known in the consultation required under the Standing Order.

For the sake of clarity, I was right that the Government are responsible for the remuneration of the assessor, but the amount of remuneration will be the product of a procurement process for the necessary expertise. I hope that is accurate and completes that thought. I hope that, notwithstanding the relative obscurity of these matters, the House will—[Interruption.] Does the right hon. Member for Holborn and St Pancras (Frank Dobson) want to intervene again?

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Cheryl Gillan Portrait Mrs Cheryl Gillan (Chesham and Amersham) (Con)
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I would like answers to all the questions the shadow Leader of the House has so rightly asked about these standing orders and the alterations. This is a particularly tortuous and complex process, and because it so tortuous and complex, it is neither accessible nor transparent to the stakeholders and the people who are affected by it. They must be able to understand what is required of them. I therefore ask the Leader of the House to consider how he is going to produce explanatory notes on this hybrid Bill process and these changes to standing orders, and make them available, particularly to those people who have been part of the consultations and the community forums up and down the line, but also to the environmental organisations, many of whom contain volunteers and others who are not familiar with our practices and procedures here, and who certainly have no idea of how to navigate their way around the hybrid Bill process.

I would like to know the date when the hybrid Bill and the environmental statement will be deposited, because it now appears that we are going to have 50,000-plus pages in this environmental statement, which amounts not so much to 17 large trees, but more to 17 large white elephants, to refer to the symbol that has been adopted by many of the anti-HS2 groups up and down the line. Making that date known will enable organisations throughout the country—many of which have very scarce resources or rely on voluntary contributions—to plan how to deal with this better. I am worried that moving to electronic tabling for something as large as this may cause technical problems. What checks will be made on the IT systems of local authorities up and down the line where these documents will be deposited, to establish that those systems can take these documents and people can navigate them with ease? It is all very well talking about making documents available electronically; when I was looking at the Department for Transport’s business statement today on the No. 10 website, it was almost impossible to navigate or download it in a timely fashion. That business plan was not very long, but if that is the standard the Government set for the ease of navigating documents, it does not reflect well on their IT systems. We need to know that full checks have been made of those systems, and that they can take the documents in question.

I do not want to prolong the debate and I will not seek to divide the House on this issue—these are Standing Orders—but I would like two reassurances. First, if a significant number of the environmental organisations that will need to engage in this process ask for an extension to the 56-day deadline, I want the Leader of the House to undertake at least to listen to them and to consider an extension.

Geoffrey Clifton-Brown Portrait Geoffrey Clifton-Brown
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The shadow Leader of the House told us that the environmental statement for Crossrail extended to some 2,500 pages. This statement will extend to some 50,000 pages. Does my right hon. Friend really think that 56 days is a practical amount of time in which to examine that amount of material?

Cheryl Gillan Portrait Mrs Gillan
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No, and that is why I am asking the Leader of the House whether, after taking advice from organisations that need to examine the document in detail, he will consider extending the deadline, or whether it would be possible to change the Standing Orders to that end. A standard consultation period, as under the last Government, was deemed to be 12 weeks. The Government have concertina’d it and seem to be adopting an eight-week standard, which is not satisfactory when we are dealing with something as precious as an area of outstanding natural beauty such as the Chiltern hills. Many details will need to be examined once the statement is forthcoming, and I would like to know what the various possibilities are.

At a time when we are cutting budgets and expecting local authorities and other organisations to cut back in the interests of paying down the debt left to us by the last Labour Government, what funds will be available to our local authorities to maintain and make available these documents through electronic means? There may have to be extra IT maintenance and people on duty. I need to be able to reassure my own local authorities that they will not be out of pocket as a result of something imposed on them by central Government.

I shall leave it there and look forward to hearing the Leader of the House’s response.

Business of the House

Cheryl Gillan Excerpts
Thursday 13th June 2013

(10 years, 11 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Order. As usual at business questions, a great many colleagues are seeking to catch my eye, but I remind the House that after this exchange there is to be a statement by the Economic Secretary on the Royal Bank of Scotland, followed by a debate under the auspices of the Backbench Business Committee on the 10th anniversary of the Iraq war, which is significantly subscribed. Therefore, there is a premium today on brevity from Back and Front Benches alike.

Cheryl Gillan Portrait Mrs Cheryl Gillan (Chesham and Amersham) (Con)
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We are in the middle of a consultation on the draft environmental statement for High Speed 2; the Department for Transport is defending itself in the Court of Appeal on HS2; the Information Commissioner has decided that it is in the public interest for the Major Projects Authority’s report in detail on HS2 to be published; and there is an adverse National Audit Office report on the financing of aspects of the project. Surely introducing a preparation Bill giving unlimited spending power at this stage is premature. Will the Leader of the House seriously consider rethinking the provisional business on 26 June, and putting off Second Reading of the Bill until we have satisfactory outcomes to those four matters?

Lord Lansley Portrait Mr Lansley
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I know how strongly my right hon. Friend feels, not least on behalf of her constituents, about this matter and I know that she will assiduously examine the legislation as it comes through. I remind her that Second Reading of the High Speed Rail (Preparation) Bill is exactly that: it is about giving parliamentary authority. I believe the official Opposition share the view that such projects should be enabled to go ahead, and the spending authority the Bill provides will enable that to happen. Given the importance that we all attach to HS2 as a project for long-term economic growth in this country, I think it is important that the House proceeds on the basis I have outlined.