Procedure Committee Reports Debate

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Department: Leader of the House

Procedure Committee Reports

Chris Bryant Excerpts
Thursday 13th October 2011

(12 years, 7 months ago)

Commons Chamber
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James Gray Portrait Mr Gray
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I cannot understand how my right hon. Friend has interpreted my amendment to mean that there should be no searching for information. Of course, there should be. The point of the amendment is that the devices could be used for any purpose connected to the debate, but for no other purposes. Of course, under the wording of my amendment as I understand it, they could be used to search for information.

Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
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It does not say that.

James Gray Portrait Mr Gray
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It does not have to.

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Greg Knight Portrait Mr Knight
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My hon. Friend is now telling the House what he wished his amendment would do rather than what it does. I could not recommend anyone to vote for such an amendment. He drafted it, and it takes out all references to the use of electronic devices in Committee. In my view, Members should have certainty in what they can and cannot do in Committee. Imagine a Member attending a Committee with their notes on an electronic device and the Chairman saying, “Well, in my Committee we don’t use these devices.” That Member would be left high and dry.

Chris Bryant Portrait Chris Bryant
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If we were to presume, in the way the right hon. Gentleman does, that Chamber practice was consistent with Committee practice, the rule allowing hon. Gentlemen to remove their jackets in Committee, which does not apply in the Chamber, would presumably lapse.

Greg Knight Portrait Mr Knight
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The hon. Gentleman makes a fair point.

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Greg Knight Portrait Mr Knight
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If I may, I will come back to that point in a moment. I want to deal completely with Select Committee amendments first, but I will return to the hon. Lady’s point and, if she is not satisfied, I invite her to intervene on me again.

The Procedure Committee was invited by the Liaison Committee to look at the possibility of a tabling system that would enable Select Committees to table their own amendments. The current practice is that amendments agreed by a Select Committee may be tabled only in the names of individual Members, which makes it difficult to distinguish Committee amendments from those tabled by the same members of the Committee acting as individuals. After consulting interested parties, the Procedure Committee published a report recommending that the practice be changed to allow Select Committees to table amendments to Bills and motions in the name of the Chair, with a tag line indicating the name of the appropriate Select Committee. The advantage of that practice would be that it would offer clarity to the House and to individual Members, and enable anyone reading an amendment paper to see that an amendment had originated in a Select Committee. It was also felt that it would contribute to the effectiveness of Select Committees.

We recognised, however, that there could be disadvantages, as individual members of a Select Committee might disagree with a proposed amendment, either at the time of its adoption by the Committee or afterwards. To counter that, the Procedure Committee recommended that stringent safeguards be built into the process whereby Committees agreed amendments that carried the special status of Select Committee amendments. We suggested that such amendments would have to be formally agreed, without Division, by a quorate meeting of the Committee. That is a more rigorous requirement than that for Select Committee reports, which can be agreed by a simple majority.

The Committee rejected the idea that Select Committee amendments should be guaranteed debate, because of the constraints of programming, but we supported the adoption of a convention that the Chair should grant a Division when one is sought. Unfortunately, as the Chairman of the Liaison Committee has said, the Government have indicated that they oppose this innovation, and I understand that they continue to oppose such a modest, sensible move today. Indeed, I have seen the Patronage Secretary buzzing round the House, rather like a wasp, discussing this matter. I therefore suspect that there could be a Government payroll Whip on this Liaison Committee suggestion.

The Government object to the proposal because they feel that it would be wrong for an amendment to be marked as having the support of a Select Committee if some of the Committee’s members might be in disagreement. We have tried to address that difficulty by recommending stringent conditions that would have to be met before a Select Committee amendment could be tabled as such. They include the condition that notice must be given before the Committee could agree the amendment. The Government say, however, that it would still be possible under the new arrangement for any two members of an 11-member Committee to approve an amendment on behalf of the whole Committee, as the quorum is only three and the Chair has a casting vote. That is technically correct, but I would suggest that the requirement for notice would make it most unlikely—or, in practice, impossible—that that could happen against the wishes of a majority of active members of a Committee.

Chris Bryant Portrait Chris Bryant
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With due respect, I do not think that either the right hon. Gentleman or the Government are correct in what they say. In this House, unlike the House of Lords, the Chair of a Committee has a vote only when there is an equality of voices.

Greg Knight Portrait Mr Knight
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The hon. Gentleman makes a very good point. That makes my argument even stronger and the Government’s case even weaker, and I am grateful for his intervention.

Our proposal is merely intended to enhance the visibility of Select Committee issues, without in any way diminishing the position of individual members in voting for or against amendments on the Floor. This matter was not initially on our agenda, but the Liaison Committee asked us to look at it. We have done so, and this is our conclusion. I therefore hope that, even at this late hour, the Government will reflect on their opposition to it, which I feel is misplaced. We have given our view, and whether the proposal now proceeds further is a matter for the whole House.

I see the hon. Member for Brighton, Pavilion (Caroline Lucas) in her place. She was one of the Members who supported the idea of explanatory statements, which is the subject of one of the other motions on the Order Paper today. The House has conducted a series of experiments with explanatory statements, and the Procedure Committee has assessed them. We decided that the overall effect was inconclusive, but it was put to us that carrying out a further experiment in a new Parliament—namely, this one—could be worth while, and that it would also be worth pursuing the experiment during the Report stage of a Bill. That is what we have decided to recommend to the House, and we are pleased to note that, in a debate Westminster Hall on 3 February this year, which the hon. Lady attended, there was complete consensus that it would benefit not only Members but those outside the House to have an accompanying explanation of what an amendment or new clause was designed to do.

I am rather more hopeful about this proposal, because the Deputy Leader of the House attended that debate and—it was a rare situation indeed—offered Government support for the measure. He said:

“Regarding explanations for amendments, we had the experiment in Committee and I am certainly happy, as far as the Government are concerned, for that experiment to proceed. Perhaps we ought to look at having such explanations on Report, too.”—[Official Report, 3 February 2011; Vol. 522, c. 384WH.]

I wholeheartedly agree with him, and I am glad that, on this issue, we are as one. I hope that he will confirm today that he now thinks it appropriate for us to trial the explanatory notes again in this Session and the next one. It would then be a matter for the House to decide in due course whether the facility was to be made permanent.

On the question of having a three-month trial quota for questions tabled electronically, the concern arose from evidence—mainly informal—from the Table Office. It found, when questioning the intended scope of some questions tabled electronically in Members’ names, that some Members appeared to know nothing about the questions and registered surprise that they had been tabled in their name. The Procedure Committee took the view that, in some cases, research assistants might be using the electronic procedure to table questions without the express authority of those for whom they work.

Questions are a proceeding in Parliament and should not be submitted without the express and explicit authority of a Member of Parliament. As the electronic submission method could be used without the Member’s knowledge, we decided, in this area only, to limit the number of questions to five in a three-month period to see what the effect would be. We are not recommending any restriction on the number of questions that a Member may take into the Table Office personally. This is a modest recommendation, and we hope that it will lead to Members being fully aware that a question is being submitted in their name.

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Caroline Lucas Portrait Caroline Lucas
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I completely agree. The hon. Lady’s comments underline the fact that the proposal is not as complicated as rocket science; rather, it is an extension of the common-sense measures that are already in place.

Chris Bryant Portrait Chris Bryant
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I must have been reading different explanatory notes than the hon. Member for East Dunbartonshire (Jo Swinson) as I have never known them to explain anything. I fear that explanatory notes on amendments would be even worse, and I note that the report states:

“An explanatory statement is not required where the amendment is self-explanatory”.

Caroline Lucas Portrait Caroline Lucas
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The hon. Gentleman can try to make fun of this proposal if he wants, but in the European Parliament it is mandatory to have an explanatory statement and it is incredibly useful. If it is condensed down to about 50 or 100 words and explains what a measure is intended to achieve, an awful lot more people will have an awful lot more sense of what is going on. If the hon. Gentleman wants to stand up and say he thinks it is absolutely fine that so many Members do not know what they are voting for, that is up to him, but I am not happy about that.

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Lord Goldsmith of Richmond Park Portrait Zac Goldsmith (Richmond Park) (Con)
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I understand that this proposal does not require the Government or anyone tabling an amendment to provide an explanation, but merely allows them to do so.

Chris Bryant Portrait Chris Bryant
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The Government have to.

Lord Goldsmith of Richmond Park Portrait Zac Goldsmith
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So it requires the Government to— I thank the hon. Gentleman for his intervention on my intervention.

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James Gray Portrait Mr James Gray (North Wiltshire) (Con)
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I am grateful to you, Mr Deputy Speaker, for allowing me to speak and to Mr Speaker for selecting the amendment that stands in my name and those of a goodly number of right hon. and hon. Members from across the Chamber. I thank you for allowing a goodly amount of time for this important and useful debate. I do not intend to take up much of the House’s time, because a number of useful speeches have addressed most of the important arguments on both sides of the debate.

I very much agree with my right hon. Friend the Member for East Yorkshire (Mr Knight), who started the debate by saying that this is a matter of taste, discretion and delicacy. There are not passionate arguments on either side. One side is not definitely right and the other side definitely wrong. It is a matter of how we handle such machines, what we use them for, what their purpose is and how we ensure that debate in the Chamber is as good as possible.

In fact, as is often the case when we discuss matters that affect ourselves, today’s debate on the issue has been among those of the highest quality that I have heard recently. My right hon. Friend’s Committee was split on the report; four of us have signed the amendment disagreeing with it. We go from his stance, which is that virtually any electronic device can be used for virtually any purpose either in the Chamber or in Committee, through to that of my right hon. Friend the Member for Saffron Walden (Sir Alan Haselhurst), a former Deputy Speaker—he is by no means a dinosaur in this matter—whose broad view is that such devices should not be used for any purpose whatsoever.

I received a letter from a very senior Member with which I would not necessarily agree. He said that he felt that the rules applying in the House should be precisely the same as those applying at the opera—we should not use such devices at all—and there is some sense in that, although I do not necessarily agree with it.

Chris Bryant Portrait Chris Bryant
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Give us a song!

James Gray Portrait Mr Gray
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I shall not give the House a song; I fear that my voice does not rise to that.

I would not necessarily agree with the hon. Member for Liverpool, Wavertree (Luciana Berger), who focused on the use of electronic devices for Twitter. It is right that I suggested in the e-mail that I sent to all hon. Members that we should probably not use Twitter and blogging, although I will suggest how we might be able to use them. I am not necessarily totally opposed to the notion of twittering.

The main thrust of my amendment, and of my thoughts on the subject—and the thoughts of a great many hon. Members who have spoken to me—is that if we allow unfettered use of electronic devices, three things will happen. The first is that the quality of debate will decline. Let me give an example. Recently, I chaired a Public Bill Committee. Glancing round the room, I saw that some two thirds of the people on the Committee were using electronic devices for one purpose or another. That included the shadow Minister, the Minister, both Whips, and six or eight Back Benchers, one of whom, rather magically, was using two electronic devices simultaneously; how on earth he managed to do that I have simply no idea. It seemed to me that the fine technical point being made about the Pensions Bill—for that was the Bill—was not necessarily being considered carefully by the two thirds of the Committee who were using those machines at that time. Had I challenged members of the Committee to lay out precisely what the person speaking had just said, a very large percentage of them would have looked at me blankly, and would not have had the faintest idea what was going on.

I totally accept the point made by my neighbour, my hon. Friend the Member for Devizes (Claire Perry), that we can all multi-task. Of course we can; there is no question about that. MPs do it all the time. However, I simply do not believe that the finer points of argument in a debate will necessarily be picked up if one is focusing one’s mind on something else. The purpose of debate is not just for our own voices to be heard, or to get something on the record; we could do that by handing the speech in, as they do in the United States of America. The purpose of debate is to listen carefully to what the other person is saying, to pick up the other person on fine illogicalities in their speech, to make delicate points, and hopefully to come to some kind of useful conclusion. If a person is focusing on emptying their inbox, surfing the net, tweeting or who knows what else—famously, recently a member of the Italian Parliament was spotted surfing an escort site—while theoretically listening carefully to a debate, they are not taking part in it in the way that they should.

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James Gray Portrait Mr Gray
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My hon. Friend is absolutely right. Of course, I was a professional lobbyist for a number of years and so have no difficulty with that whatever. It is of course right that all sorts of interest groups around the world, from journalists to lobby groups, should be able to make their views known to us, but I am not certain about the propriety of a lobby group, the Whips or anyone else getting in touch with us during the course of a debate or a Select Committee evidence session to say, “Here’s an interesting point you ought to raise.” Would it really be right for outside interest groups to get in touch with us via electronic devices during Select Committee cross-examinations, for example of the Murdochs, and say, “Here’s something you ought to say”? I think that that would be an unreasonable intervention in our internal debates by outside influences.

Chris Bryant Portrait Chris Bryant
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Will the hon. Gentleman give way?

James Gray Portrait Mr Gray
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I will give way, but first I should say that I am absolutely sure that what the hon. Gentleman said during the Select Committee cross-examination of the Murdochs was entirely his own idea, irrespective of what outside influences might have said to him.

Chris Bryant Portrait Chris Bryant
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Well, I was not a member of that Committee, but that is just one minor factual inaccuracy of several that we are passing by. The point I was going to make is that one of the oldest rights of members of the public and constituents is the right to come to the Lobby and demand that we come out of a debate to listen to their point of view, so I do not see the difference.

James Gray Portrait Mr Gray
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The difference is extremely simple. Someone outside communicating via an electronic device during a debate is not equivalent to a member of the public coming to Central Lobby, filling in a green form and asking to speak to us; it is equivalent to a member of the public coming into the Chamber and saying, “Would the hon. Gentleman please ask this question?”, which I do not believe is right. We should be debating among ourselves and not excessively involving people outside.

Most people agree that excessive use of electronic devices is not a good thing. Two or three objections have been raised with me. The first relates to the fact that we must all sit here for six or seven hours before finally being called to speak. That could be corrected in two ways: first, Members could take a greater interest in the debate; and secondly, we could perhaps move to the system enjoyed at the other end of the Palace, where peers have some indication of when they will speak. You, Mr Deputy Speaker, and your colleagues tend to indicate when Members will be called to speak, but the notion that we should sit here clearing our inboxes or writing articles on electronic devices for local newspapers because we are a little bored and cannot be bothered to listen to a debate seems a thin argument.

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Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
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Much of the debate on the use of hand-held devices—I note, Mr Deputy Speaker, that you called them “held-hand devices” when introducing the debate, but I am not sure what such a device might look like—reminds me of the Russian Orthodox Church, which in November 1917, while the revolution was gathering around it, spent its time debating whether to wear black or purple vestments for funerals. The honest truth is that the horse has bolted.

We can see them all round the Chamber: @ZacGoldsmith, @CarolineLucas, @lucianaberger, @SteveBakerMP and, of course, the brilliantly named @claire4devizes. All tweet regularly—[Interruption.] There is also @stellacreasy and many other Members.

Chris Bryant Portrait Chris Bryant
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I give way to @SteveBakerMP.

Steve Baker Portrait Steve Baker
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Even though I was named in January as the most influential MP on Twitter—ahead, even, of the hon. Gentleman—I am most concerned that we should get on to the next business before I am flayed alive by my constituents.

Chris Bryant Portrait Chris Bryant
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I understand, because the hon. Gentleman is the Member for Wycombe, and I know how such issues affect people there, but if he had not intervened, we would get on to the next business faster.

I want to correct a couple of points made by the hon. Member for North Wiltshire (Mr Gray). He seemed to think that I was on the Select Committee on Culture, Media and Sport. I should point out that I am not @tom_watson. There are a few differences between us, although we are often seen together.

I should also say that although he has been much misquoted, John Bright, the Liberal Member of Parliament, did not say that we—the House of Commons—were the mother of Parliaments; he said that England is the mother of Parliaments. That is because he believed—this is an important point—that we had to be transformed as history is transformed. I would say that Parliament has always been bad at opening itself up to the public. Indeed, in 1376 we first decided that we would take an oath of secrecy to ensure that nobody outside this place knew what was going on here. It took many centuries to get rid of that oath of secrecy, which was why John Wilkes ended up being expelled from the House of Commons on four occasions and had to be re-elected before eventually being allowed to publish what went on this House.

It is not a question of being dinosaurs or anything else; it is about opening Parliament up to the wider world around us, so that people can understand everything that goes on here. It is not for our convenience, but for our constituents’ convenience. The world has changed. When I was first elected in 2001, the vast majority of my constituents got in touch with me by coming to a constituency surgery. Now the vast majority get in touch by Facebook, Twitter, e-mail and, sometimes, text messages. We should make that more possible for our constituents, not more difficult.

Incidentally, I wholeheartedly agree with @KevinBrennanMP, who said earlier that proper wi-fi should be available in the Chamber so that people can engage properly. I disagree with the hon. Member for North Wiltshire that only urgent messages should be dealt with. Who on earth will decide what an urgent message is? It is my constituents who should decide what an urgent message is.

James Gray Portrait Mr Gray
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rose—

Chris Bryant Portrait Chris Bryant
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If the hon. Gentleman does not mind, I will not give way, because others want to get on to the next debate.

I have this picture in my mind of the Speaker going over to an hon. Member and demanding to see their last tweet or this place setting up “Oftwit” to ensure that Members are behaving properly. The hon. Member for North Wiltshire has only to listen toour constituents to find out what they are moreinterested in.

Members have said how inappropriate it would be if facts were brought to bear in debate, but that is what the officials Box is there for. [Interruption.] I see them smiling. Perhaps we should abolish the officials Box, so that Ministers have to rely on their own wit and intelligence. Would it not also be good if “Erskine May” was available online so that people could refer to it in the Chamber instead of having to buy a copy for several hundred pounds?

I want to respond to a couple of points that the hon. Member for Brighton, Pavilion (Caroline Lucas) made. She is absolutely sincere in wanting to make our business more intelligible to people. However, I would like to know how explanatory notes to amendments would stand legally if an amendment were carried. There is a danger in proceeding down that route. In addition, I would have thought that the whole point of a debate on an amendment was to decide what it meant and what it did; just accepting at face value what the hon. Member who tabled it had said would not assist.

Chris Bryant Portrait Chris Bryant
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I shall not give way, because I want to be circumspect.

Finally, I look forward to the day when we have on Twitter @RogerGaleMP—and, for that matter, @15thcenturyMP, or perhaps he would be called @JacobReesMoggMP. I should also point out to the right hon. Member for Bermondsey and Old Southwark (Simon Hughes), who is not in his place, that one of his constituents has begged me on Twitter this afternoon to ask him to reinstate his Twitter account so that his constituents can get in touch with him better.