Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Christopher Chope Excerpts(10 years, 7 months ago)
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Wayne David
I thank the hon. Lady for her question about the delayed election in Northern Ireland and for her extremely important comments from first-hand experience about the important role that civil society plays in Northern Ireland. That role is sometimes not fully appreciated by politicians in Great Britain.
As my hon. Friend the Member for Aberavon (Dr Francis) mentioned, the participation of civil society in Wales has been increasing. The same is true of Scotland. However, the participation of civil society in those countries is not nearly as important as in Northern Ireland. It is not to put it too strongly to say that the engagement of civil society is one of the anchors of the peace agreement. It is a key reason why so much progress has been made in Northern Ireland over the past few years. I reiterate that that has been accepted by the Electoral Commission and by many politicians of all political affiliations in the north of Ireland. This is not a party political issue, but a question of how democracy can best flourish and function.
I am involved in civil society in Wales in a modest way. My background is in the youth service, and I am the president of the Council for Wales of Voluntary Youth Services, which, through the Welsh Council for Voluntary Action, has made representations on the Bill. Its concern is first that the stipulations are onerous—I will come to that in a moment—but also that there has been no prior consultation with the devolved institutions or civil society. That sends out a negative message about the lack of thought and, as some might say, the less than benign intentions behind the Bill. All those points have been well made, and I thank those who have reinforced them.
I will now move on to consider new clause 3 if I may—[Interruption.] I was just making sure that you were hanging on my every word, Mr Speaker, and I am pleased to say that you are. New clause 3 is short but important:
“Within one month of Royal Assent, the Electoral Commission must lay before Parliament—
(a) full cost projections of the impact of Part 2 on their running costs;
(b) their assessment of the administrative impact on third parties.”.
The new clause is straightforward but underlines that, frankly, not enough work has gone into the Bill, much of which gives the impression that it was written on the back of an envelope in a rush, and there has been no proper consultation, drafting or consideration.
As many have noted, the Electoral Commission is extremely critical of the proposed legislation for a number of good reasons. One of its concerns is the lack of consideration given to the technical implementation of the Bill, and how much it will cost to be implemented properly in practice. The Electoral Commission is not a party political body; it is truly and genuinely impartial, and considers the technical implementation of a piece of legislation with regard to regulation and elections. Its responsibility is to ensure that elections are conducted properly and fairly, according to the law.
There have been various estimates of how much the proposed legislation will cost the Electoral Commission to implement. A conservative figure is £390,000, although others have said it will cost a heck of a lot more. It has even been suggested that the legislation would be so complex, and the burden on third sector organisations so great, that it is unlikely it could be implemented properly in practice, and certainly not to the extremely short time scale envisaged. This is not about all elections being delayed, as in Northern Ireland, but about the first impact and the general election in May 2015. To get this complex Bill up and running, not just here in the centre of the process but to have a proper understanding of all the things that voluntary and campaigning organisations must do to comply, will be extremely difficult. In essence, the new clause asks the Government to pause and realise that it is all well and good to enact the Bill and say that this or that will happen, but they must also have cognisance of what it will mean on the ground, both for the Electoral Commission and for third parties.
Mr Christopher Chope (Christchurch) (Con)
The hon. Gentleman’s last point is precisely not dealt with by the new clause. The new clause asks for an assessment to be made within one month of Royal Assent, and then lets the matter stand on its own. It does not require the Government to take any action as a result of that assessment. Does that not make the new clause rather nugatory?
Wayne David
The hon. Gentleman makes a fair point, but this is a modest new clause and we are not attempting to solve all problems not of our making. We hope that in all common sense, if it is clearly shown that the implementation of the Bill is far more complicated than the Government appear to recognise, they will hold back and perhaps delay its implementation, or provide massive increased resources so that it is effectively implemented by the Electoral Commission. Above all, the new clause flags up the issue in a big, simple and straightforward way.
Mr Chope
I should like to address my remarks to amendments 4, 5, 6, 10, 11 and 12, which have been included in this group with the new clauses. I am grateful that they have been so included, because they were tabled in Committee but were not reached because we ran out of time. It is therefore an agreeable surprise that I have this opportunity to speak to them today.
My concern has always been that the House should introduce legislation that is clear and precise. That is particularly true of legislation relating to electoral law, which is becoming increasingly complex in this country. It could almost be argued that it now presents a barrier to entry to new people who want to start a political party, to engage in the political process or to contribute to an established party.
Before I address the amendments, I should like to put on record my appreciation of the work of the Political and Constitutional Reform Committee, whose Chairman, the hon. Member for Nottingham North (Mr Allen), is here today. I have had the privilege of serving on the Committee since it was first set up at the beginning of this Parliament. It is frustrating at the best of times to serve on a Select Committee, but it is doubly frustrating when a Committee produces reports to which the Government say they will respond but never do so, and merely bring forward their own legislation, ex cathedra, as they have done with this Bill.
The Committee met in early September to try to deal with these issues, as well as at the end of July, soon after the Bill had been published. We raised a lot of questions with the then Minister, my hon. Friend the Member for Norwich North (Miss Smith), some of which have resulted in the welcome tabling of Government amendments in Committee and now, on Report. It would have been far better, however, if this had been done the other way round. We should have had proper pre-legislative scrutiny, consultations and exchanges of views with bodies such as the Electoral Commission, which were established specifically to advise Parliament and the Government on issues of electoral law.
My concern about new clauses 2 and 3 is that, although they recognise the reality of the situation, they would not provide an effective remedy. It is no good saying that there should be a report on the implications of the legislation within a month of its receiving Royal Assent. Nothing would happen as a result of that, because it would be too late to change the law. Regulatory impact assessments should be produced while legislation is being considered by this House, so that we can respond to them by tabling appropriate amendments.
My amendments—modest as they are, as always—were designed to bring clarity to the question of commencement. At the moment, clause 41 provides for the Bill’s provisions to come into effect on the day in which the Act is passed, but with a whole lot of exceptions, some of which are set out. I am seeking to remove those exceptions through my amendments 4, 5 and 6, which would leave out sub-paragraphs (i), (iii) and (iv). Thus clauses 30, 34 and 35 would come into effect on the day the Act is passed rather than on some subsequent day when a Minister might decide to bring forward a commencement order.
Obviously, if a Bill that becomes an Act of Parliament makes certain provisions, which are not implemented immediately but might be implemented at some stage in the future, that in itself creates doubt. Clause 30, for example, to which my amendment 4 refers, deals with
“Extension of power to vary specified sums”
under section 155 of the Political Parties, Elections and Referendums Act 2000, enabling the Secretary of State, “by order”, to
“vary any percentage for the time being specified”
in that Act’s provisions. That amounts to an order-making power. Why does the order-making power itself need to be made subject to another order-making power? If clause 30 came into effect and into law on the day the Bill received Royal Assent, its provisions would still be subject to the Secretary of State’s having the power to make a variation. If we want to give the Secretary of State that power, why do we need to cover it by saying, “Well, we won’t give him the power to make an order until he has brought forward an order giving himself the power to make the order”? By including sub-paragraph (i) in clause 41, we are making the provisions less direct and more confusing. I look forward to hearing the Minister’s explanation of why he thinks clause 41 is so vital.
Similar arguments relate to my amendments 5 and 6, which would ensure that clauses 30, 34 and 35 came into effect directly on the date of Royal Assent. Looking at those clauses, one again wonders why the Government are nervous about allowing these provisions to take legal effect from the day of Royal Assent. Clause 34 deals with
“Third party expenditure in respect of candidates”,
changing the limit from £500 to £700. If that is a good idea—I am not disputing that it might be—why not include it and implement it from the day of Royal Assent? Why leave everybody guessing about whether the provisions might be brought forward at some subsequent stage through an order-making power? Again, I look forward to hearing the Minister’s explanation.
Similarly, clause 35, dealing with
“Functions of Electoral Commission with respect to compliance”,
changes the general function and substitutes the expression “duties”. It deals with legislation relating to the Electoral Commission. If that is a good thing—obviously, the Government think it is—why is it not such a good thing that it cannot be brought into effect on the day of Royal Assent?
The way in which the Government do legislation nowadays seems to me to be about leaving as many opportunities as possible for further order-making, when the statute book and our democracy would be enhanced if we were able to have greater clarity so that the provisions enacted were actually implemented from the commencement of the Act, alongside all the other provisions. Again, I would be interested to hear what the Minister thinks about that.
My second group of amendments—10, 11 and 12 —relate to clause 42. Amendment 10 would leave out subsections (3) to (6); amendment 11 would leave out subsections (7) and (8); and amendment 12 would leave out subsection (9). Clause 42 is quite important, because it deals with “Transitional provision”. It is quite complex. The explanatory notes state that because of the interaction of the European Parliament elections in the latter part of May next year and the fixed-term Parliament provisions that assure us of a general election in May 2015, we need special provisions to cover that scenario. As explained therein:
“Clause 42 makes provision to deal with this situation by creating”
what is described as
“a bespoke regulated period…that will apply only in relation to the next UK general parliamentary election.”
I am instinctively suspicious of “bespoke” regulated periods or of anything brought into statute in order to deal with a particular scenario; I am much more in favour of general principles that can be applied whatever the circumstances. We are getting into dangerous territory whereby the Government are taking transitional powers, interfering with existing law, and doing so on the grounds that the situation is complicated by the European parliamentary elections next May, while at the same time not dealing with the situation of the Scottish referendum in September next year. I do not understand why there are no transitional provisions for that Scottish referendum; perhaps the Minister will be able to tell us. If we are to have strict limits on spending by registered political parties during a period that includes what amounts to a national referendum in Scotland on whether or not Scotland should remain part of the United Kingdom, surely we need some special provision to deal with related expenditure.
I do not understand what these provisions are all about, but the Bill would be better if these specific provisions were excluded from it. In a sense, my amendments could properly be described as probing amendments. As I say, I cannot really understand all the detail of clause 42, but I think the Bill would be better without the provisions which my amendments would remove. I would certainly be interested to hear what the Minister has to say about why we have a bespoke regulated period for one particular scenario, while such a bespoke period will not be necessary in the future. Why has no provision been made for the interaction of the general election and the proposed Scottish referendum?
Mr Allen
I thank the hon. Gentleman and would like to put on record my thanks to other colleagues who sit on the Select Committee, some of whom are in the Chamber today. We faced incredibly difficult conditions, providing a report for this House at very short notice, which meant being called back during the recess. I compliment the hon. Gentleman and the rest of my Select Committee for doing that and for giving the House half a chance to debate this issue seriously.
The hon. Gentleman seems surprised that stuff that we are meant to have in front of us—on Scotland, Wales and Northern Ireland—is not in front of us, while we are halfway through the Bill’s proceedings. However, he answered his own question in his opening remarks when he referred to the Government’s failure to provide the proper amount of time, consideration and consultation that we should expect in the House. Let me quote, very briefly, what has been said by the Electoral Commission:
“We await confirmation of the Government’s view of the impact of the Bill on the referendum on independence for Scotland.”
I am perfectly sure that had that impact been known, even today, a great many more Members from Scotland, Wales and Northern Ireland would have been present. This is an outrageous attempt to push a measure through with great speed, and I hope that the hon. Gentleman will continue to emphasise that in his speech.
Mr Chope
I am grateful to the hon. Gentleman for his succinct intervention, and also for his generous comments. The points that he has made are exactly the points that caused me to vote against the programme motion yesterday. I think the least that can be done if a Bill has not been given sufficient pre-legislative scrutiny is to ensure that there is sufficient time for it to be scrutinised properly in the House. I may be wrong, but I doubt very much whether we shall have time even to debate all the groups of amendments and new clauses that have been tabled for debate today. As I said earlier, we were not able to reach some of the amendments that were tabled in Committee, although fortunately some of them were tabled again on Report, and are being debated now.
I do not think that I need to make a meal of this, and I am sure that the House will wish to hear further from the Chairman of the Political and Constitutional Reform Committee, but I will say that I do not think that new clause 2 really cuts the mustard. All that it says is:
“Part 2 of this Act shall not come into force until the Electoral Commission and the Minister have laid a report before both Houses of Parliament”.
That in itself introduces a concept of indecision. People looking at the legislation will want to know when part 2 will come into force. If things are found to be wrong with part 2 as a result of
“an assessment of the separate and specific impacts of Part 2…on third-party engagement”,
and so on, that will need to be put right before Royal Assent, rather than being left to a post-legislative assessment on a time scale that is imprecise and unspecified. I understand why the hon. Member for Caerphilly (Wayne David) is frustrated by this whole process, but I beg to differ with him on whether his proposed solution is the right one.
Similarly, as I said earlier in an intervention on the hon. Gentleman’s speech, I do not think that the requirement in new clause 3 for
“Within one month of Royal Assent…full cost projections of the impact of Part 2 on their running costs”
from the Electoral Commission, along with an
“assessment of the administrative impact”
is any good. It would, at best, be closing the stable door after the horse had bolted, and it would not be a helpful substitute for dealing effectively with the substance of the Bill before we give it final approval and it receives Royal Assent. The time to do that is now, and we are doing it. Obviously we hope that those in the other place will do even more of it, and that when the Bill returns to the Commons, it will be much better than it was before.
I end as I began, by regretting that this process has caused us to deal too much with the form and the process rather than with the substance, which is what we should be dealing with in this House.
Mr Allen
Before the hon. Gentleman—who is a distinguished member of the Select Committee—ends his speech, may I return, very briefly, to the question of the controlling of expenditure of non-party campaigners? Will he underline the fact that the Electoral Commission does not know what impact the Bill will have on the referendums in Scotland? Are we not in danger of jumping straight into a hornets’ nest if we do not consider that before the Bill is passed, rather than saying “Let us see what happens”?
Mr Chope
If I were a member of the Government faced with such advice from a body on which the Government rely to give them advice, I would say “We will withdraw the Bill, or at least delay further consideration of it until we have received a proper response.” That, I think, would have been the mature way in which to deal with the matter, if I may put in it in a somewhat patronising way.
There are many examples of Bills that have been held up between their Committee and Report stages. Normally they have been held up for a good reason, namely that the Government have been having a rethink, discussing with third parties and other interests what is the best solution. Here we have a glaring example of something else. Effectively, the statutory adviser on these issues has said to the Government “We do not know what the implications are. Please help us. We can help you, but we need a bit of time if we are to do so.”
As the hon. Gentleman knows, I am always an optimist. I hope that, before the end of this evening’s proceedings, we shall have heard the Government say that they wish not to press the matter to the end, but to give the House a chance to engage in further debates, and that they will table further amendments.
Wayne David
As the hon. Gentleman implies, there is nothing to stop the Government from saying, at any stage, “We have listened to the concerns of Members on both sides of the House, and we have listened to what people outside the Chamber are saying. We will withdraw the legislation, and will engage in full consultation.” Labour Members can give a cast-iron commitment that if that were to happen, we should be only too happy to engage with the Government, the Electoral Commission and others in an attempt to achieve a consensus on how our electoral law can be modified and made appropriate for the modern age. That is a perfectly reasonable suggestion, and I only hope that the Government will feel able to respond to it. Does the hon. Gentleman agree that it represents a good way forward?
Mr Chope
Obviously I do. I am often suspicious of the word “consensus”, but I think that when we are dealing with changes in electoral law, consensus is very important.
In my capacity as a member of the Parliamentary Assembly of the Council of Europe, I go off and monitor a fair number of elections, and the most difficult cases with which to deal are those in which a Government have used their majority to introduce changes in the electoral law, and, in some cases, have used a politically motivated electoral commission to support their actions. That brings democracy into disrepute, especially in some of the emerging democracies in eastern Europe. I think that this is an instance in which we should be aiming for consensus, and if consensus could be achieved by the Government’s withdrawing the Bill, or not continuing with it at the current pace, I should be all in favour of it.
Dr Francis
The hon. Gentleman’s approach is precisely the approach adopted by the Joint Committee on Human Rights. We said as much in our meeting this morning, and I was delegated to convey that sentiment to the House this afternoon.
Mr Chope
I am grateful to the hon. Gentleman. It is invidious to make comparisons, and I know that his is a Joint Committee of both Houses, but I think it a pity that the Committee has not been able to present a report to the House by this stage. If our Committee could do it, I am sure that his Committee would, or should, have been able to do it as well. It is very sad that his Committee’s no doubt excellent report will be available to their lordships, but is not available to Members of this House. This is not a criticism of the hon. Gentleman, but I hope in future he will cancel all leave when necessary and bring his troops back.
Mr David Ward (Bradford East) (LD)
I note the hon. Gentleman’s concern about the word consensus, but is it not sad that there is broadly common agreement which could be arrived at if the will were there?
Mr Chope
I am not going to get into the semantics of the difference between consensus and common agreement, but I hear what the hon. Gentleman says.
I am pleased the Government have done quite a lot of listening. They have brought forward a number of amendments and put forward various propositions. Some people are claiming what the Government are saying will not work in practice in the way they say it would, but that is a reason for having further discussions, instead of forcing inadequate law through this House.
Mark Durkan
I share some of the concerns of the hon. Member for Christchurch (Mr Chope) around the muddle and clutter in the Bill in relation to variable commencement dates and the transitional provisions. The Government may well say that the clauses are framed in a way that allows for slippage if that is needed, but slippage at the hands of a Minister in relation to commencement will give rise to suspicions of slipperiness and the possibility of partisan motivations. The variable commencement provisions that apply to different parts of part 2 are evidence of just how scrappy the thinking has been, and provide an argument for there being a longer pause for thought.
I wish to speak particularly in support of new clauses 2 and 3. Some Members have said that neither of the clauses on their own goes far enough. That may be so, but they do recognise gross deficiencies in the Bill. They may not meet them in full, but at least if this Chamber agrees to these amendments it will be creating a basis on which there will be further amendments and further consideration to meet those gross deficiencies. It is a derelict argument to say that, because they do not completely meet the deficiencies, we should not adopt them. There are even more inadequacies in the Bill that we would leave unamended, so saying that they do not go far enough and would need to be supplemented by other changes should not be used as a justification for voting against them.
New clause 2 refers to the very confusing impact this legislation would have in the context of the devolved areas. I have a particular interest in Northern Ireland, of course. I have no wish to bungee jump in and out of the debate about the Scottish referendum, but I take on board the point that has been made on a number of occasions by the Chairman of the Political and Constitutional Reform Committee and we need to hear it answered as it seems to be a pretty basic and fundamental one.
I want again to inform the House that many Members have referred to the vast numbers of third sector groups—charities, Churches, policy advocacy groups—that have expressed concern throughout England, Scotland and Wales, and they have also done so in Northern Ireland. In many ways their concerns are even more vexed because, as the hon. Member for Caerphilly (Wayne David) has said, civil society in Northern Ireland has been playing a significant, telling and growing role in helping to move politics on and improving the content and climate of political debate in Northern Ireland.
Tom Brake
No. The hon. Lady paraphrases me incorrectly. That is not what I said. I said that we would listen to the views, but at the same time we are working to a timetable. The sooner those views are available the better, and the sooner there will be an opportunity for them to be considered.
Amendment 65 would amend clause 41 in order to prevent part 2 from coming into force until a Committee of either House has undertaken an inquiry and published a report on the impact of the Bill. As drafted, however, the amendment does not in fact require an inquiry to take place—it merely assumes that one might. The amendment’s effectiveness is therefore limited, as in the absence of any inquiry part 2 will come into force regardless. I once more reiterate my earlier comments: the Government have already published an impact assessment to accompany the Bill. That assessment considers the impact on both the Electoral Commission and third parties, and is thorough.
Amendments 66, 4, 5 and 6, to which my hon. Friend the Member for Christchurch (Mr Chope) spoke, would amend clause 41 so that the entire provisions of part 2 came into force on Royal Assent, subject of course to the transitional provision in clause 42. It is more appropriate—this is the response to the query he raised—for certain provisions, namely clauses 30, 31, 34 and 35, to be commenced at a date appointed by the Secretary of State, rather than on Royal Assent. That is normal practice. The purpose is to allow preparations to take place and the people involved to be brought up to speed on those aspects of the law, rather than forcing adoption on the day of Royal Assent.
Mr Chope
The right hon. Gentleman says that it is important that people should be able to get up to speed, but many of the Bill’s provisions will take effect on the day of Royal Assent. How is it that people will be able to get up to speed on those provisions in time but not on this provision?
Tom Brake
Clearly the Government have made an assessment of the areas where it is possible to prepare in time for Royal Assent and those where it is not, which I think is reflected in the clauses to which I have just referred.
Clauses 30, 31, 34 and 35 do not have a direct effect on the regulated period of the other provisions in part 2, which are affected by the transitional provision. It is more appropriate for clauses 30, 31, 34 and 35 to be subject to commencement by order in the usual way. Amendment 67 takes the opposite approach and appears to intend that, subject to amendment 66, which we have just discussed, all of part 2 but clauses 30, 31, 34 and 35 would not come into force on Royal Assent. However, its effect would in fact be the contrary. In the absence of any considered commencement and transitional provision, all of part 2 would come into force on Royal Assent. I suspect that that is not the intention, but it would be the effect.
In relation to amendments 10, 11 and 12, tabled and spoken to by my hon. Friend the Member for Christchurch, it appears that he is seeking to delay the Act’s measures, rather than to have them swiftly implemented. He has already tabled amendments 4, 5 and 6 to clause 41 so that all of part 2 would come into force at the same time and then become subject to the transitional provisions of clause 42. I know that he was seeking to bring clarity, but the effect of amendments 10, 11 and 12, together with amendments 4, 5 and 6, is that the measures in part 2 would not come into effect before the 2015 general election. Amendments 10, 11 and 12 would remove the transitional provision of clause 42 altogether, with the result that the part 2 provisions would come into effect only at the commencement of the next regulated period after Royal Assent, which is unlikely to be the regulated period for the 2015 general election. The Government are committed to enhancing the transparency of spending by third parties, and that includes enacting the measures within part 2 in time for the regulated period of the 2015 general election. I therefore do not consider it appropriate to delay their implementation until after the 2015 general election.
Mr Chope
Going back to the point about people needing to be given time to get up to speed, if clause 30 was brought in immediately on Royal Assent, it would state:
“The Secretary of State may by order vary any percentage for the time being specified”.
What is the point of not bringing that into effect on Royal Assent, because the only impact of doing so would be to give the Secretary of State the power to bring it in? Does the Secretary of State need to be brought up to speed?
Tom Brake
That is a challenging question, so I might need to get back to my hon. Friend shortly on it. I think that the whole issue of percentages is one that might require a response from others and measures to address it. I have heard his query and will ensure that he gets a specific response.
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Christopher Chope Excerpts(10 years, 7 months ago)
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Mr Christopher Chope (Christchurch) (Con)
My hon. Friend and my hon. Friend the Member for Stone (Mr Cash) tabled amendment 1, which is exactly the same as amendments 28 and 29 tabled by the Government. Is my hon. Friend saying that he no longer thinks amendment 1 and therefore amendments 28 and 29 are appropriate and that new clause 1 should be the preferred way forward?
Mr Jenkin
I have moved new clause 1, but I shall wait to hear what the Minister says in response to the debate. I suspect that I will be greatly reassured by what he says in respect of parliamentary privilege, and that by removing any reference to the Bill of Rights or any wording thereof, the two Government amendments put this Bill back in the normal category of all Bills, that privilege applies and that the unstated presence of the 1689 Bill of Rights looms over this Bill as it does over any Act and our privileges are therefore secure, there is no ambiguity about that and it is accepted by the courts.
Indeed, I do not expect that the courts wish to be drawn into adjudicating on detailed matters of privilege. It remains uncomfortable and untidy that hon. Members might try to avail themselves of parliamentary privilege when they are not entitled to it and we end up with embarrassing court actions, but that is not an excuse for legislation in this area. The courts have demonstrated, as we saw in the Chaytor case, that they are capable of disposing of those cases in a manner that we would find perfectly acceptable.
Echoing the comments of my right hon. Friends the Members for Wokingham (Mr Redwood) and for Chesham and Amersham (Mrs Gillan), I still have concerns about the implications of the Bill. These measures were drawn up, presumably, to protect Members of Parliament. Paragraph 2 of schedule 1 states:
“A Member of Parliament who makes communications within section 2(3) on behalf of a person or persons resident in his or her constituency does not, by reason of those communications, carry on the business of consultant lobbying.”
How have we written a Bill that could possibly construe Members of Parliament going about their ordinary course of business as carrying out consultant lobbying? Yes, we are paid by Parliament and therefore we are paid, and yes, we are paid, in part, to represent our constituents, but is it assumed that any court might by accident include us in the definition of lobbying and therefore require us to register as lobbyists in order to represent our constituents?
I am pleased that that is being taken out because it was absurd to confine the exemption merely to representing residents in our constituencies, as defined by section 4 of the Representation of the People Act 1983. If I were representing a 15-year-old, I would be caught by the Act. It was an absurd piece of drafting. Why was it necessary to put it into the Bill? I hope the Minister will be able to give us an assurance that the Government are taking it out of the Bill now. That is the right thing to do.
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
Christopher Chope Excerpts(10 years, 8 months ago)
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Mr Christopher Chope (Christchurch) (Con)
On a point of order, Mr Deputy Speaker. In light of the fact that so many issues could not be debated in Committee, have you had any notice from the Government that they intend to give House more time on Report so that those issues may be debated properly?
Mr Deputy Speaker (Mr Lindsay Hoyle)
I can reassure the hon. Gentleman that I have had absolutely no notice of that. However, as he is well aware, it is up to the Government to make the timetable.
Political and Constitutional Reform Committee: Wright Reforms
Christopher Chope Excerpts(10 years, 9 months ago)
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Mr Allen
Proper pre-legislative scrutiny can be undertaken in many ways, including by Select Committees, elected Committees, or a properly elected Bill Committee. It is not beyond the wit of Members of this House to come up with a system that is far better than having colleagues sitting and reading their newspapers, being told what to do and not to intervene. It is our role to intervene during the progress of legislation in order to make it better, and we should not be told by the Government that that is inappropriate behaviour for Members of Parliament.
Mr Christopher Chope (Christchurch) (Con)
Does the hon. Gentleman accept that one way not to do pre-legislative scrutiny is for the Government to publish a Bill one day before we rise for the summer recess, and then in the first week back to have Second Reading followed by Committee stage on the Floor of the House on three successive days, without any chance for Members to scrutinise the Bill?
Mr Allen
The hon. Gentleman—indeed, my hon. Friend from the Political and Constitutional Reform Committee—makes a valuable point, and I suspect he alludes to the lobbying Bill that is being produced with great haste, although no response has been sent to the Committee about the work it did over a year ago in examining that Bill and helping to make it better. Now we are being told that there is no time for pre-legislative scrutiny. We are trying to squeeze it in this afternoon, when we have been told that Members can go home—“It’s a one-line Whip, you can all clear off”—and we are trying, desperately, to get proper parliamentary scrutiny of a Bill that has changed considerably, and answers have not been given to the sensible proposals for improvement made by the Committee. We are then meant to come back after the break and dive straight into Second Reading and consideration of that Bill. It is apposite that at this moment we have a good example of how not to pass legislation, and to produce, in effect, a dangerous MPs Bill, as opposed to a dangerous dogs Bill.
Business of the House
Christopher Chope Excerpts(10 years, 10 months ago)
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Mr Lansley
I am grateful for that, Mr Speaker, because I might have imagined otherwise from what the hon. Gentleman said. I am always honest with the House. This is an emergency business statement because it is not a business statement in the normal course of events. The structure of the business will give the House the opportunity to debate and vote on these issues in the way that we had anticipated.
Mr Christopher Chope (Christchurch) (Con)
May I press my right hon. Friend on when the motion will be tabled, because if it is tabled tomorrow it will enable Members on both sides of the House who are concerned about this issue to see whether we can reach an agreement about an amendment?
Mr Lansley
When my hon. Friend looks at the Command Paper that is published today by my right hon. Friend the Home Secretary, he will see what will be the substance of the debate on Monday. That is what it will focus on. The motion will be published in good time. He can take it that the effect of the motion will be to support the Government’s proposals, as set out in the Command Paper.
Draft Voting Eligibility (Prisoners) Bill (Joint Committee)
Christopher Chope Excerpts(11 years ago)
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Ms Angela Eagle (Wallasey) (Lab)
I rise to support the motion on the draft Voting Eligibility (Prisoners) Bill and the Joint Committee therein, and to oppose the amendment.
The first thing to say is that the draft Voting Eligibility (Prisoners) Bill is a highly contentious piece of legislation. The Bill will offer the choice of three options for Parliament to consider on prisoner voting: a blanket ban on all prisoners having the vote; entitling prisoners serving four years or less to the vote; or entitling prisoners serving six months or less to the vote. It is crucial that legislation as contentious as this be given extensive pre-legislative scrutiny. We on the Opposition side thus support the establishment of a Joint Committee of both Houses of Parliament to scrutinise for a period of six months the proposals in this Bill.
I believe that the decision to pursue the scrutiny of the draft legislation by the means of a Joint Committee of both Houses is perfectly reasonable given the nature of the Bill under consideration, and given the fact that it contains different options on prisoner voting for Parliament to consider. Since 2010, 10 Joint Committees of both Houses have been set up to scrutinise draft Bills. These Committees have tended to be used to scrutinise the most complex pieces of legislation, including on the detention of terror suspects and the reform of the House of Lords. They have also been deployed where Government policy is still to be formed in detail or where cross-party agreement is felt to be crucial to the success of the proposals. Labour Members welcome the establishment of a Joint Committee to scrutinise this particular draft Bill, which I suspect falls into all of those categories at once and has probably managed to create some entirely new ones of its own.
I believe that it is also right in this instance that the membership of this Joint Committee should be decided in the usual way via the Committee of Selection. It is important that the Joint Committee be filled by Members of both Houses and of both parties who possess the necessary skills and expertise to scrutinise the Bill fully. While I acknowledge that some in this House believe that everything that emanates from the Whips Office of any party is somehow hopelessly tainted, I have to say that I do not share this analysis. I do not think that the usual channels are inherently tainted; in fact, they often work extremely well.
I make that observation as someone who in my years in this House has both served in the Whips Office and voted against the Whip—not at the same time, I hasten to add. I have also been elected as vice-chair of the parliamentary committee for the Labour party and on the Labour party’s national executive committee against the wishes of this supposedly “all-powerful” Whips Office—so they do not always get their way. It follows that I do not believe that it is necessarily always virtuous if the House bypasses the Whips Office. Deciding to bypass the Whips Office simply because one wishes to bypass the Whips Office is not an argument for changing the way we do things in this instance.
In the circumstances, I am content for the members of the proposed Joint Committee to be selected by the Committee of Selection. I think that it would be odd for us to change the procedure on a one-off basis for the purpose of this particular Joint Committee, and I agree with the Leader of the House that the Wright Committee did not suggest such a reform in its report. I understand that the Procedure Committee and its Chairman, the hon. Member for Broxbourne (Mr Walker), recently announced that they planned to conduct an inquiry into the operation of the Committee of Selection in the coming year. I suspect that the Leader of the House and I may be approached to give evidence to that Committee.
Mr Christopher Chope (Christchurch) (Con)
Is the hon. Lady surprised that my hon. Friend the Member for Broxbourne (Mr Walker) supports my amendment?
Ms Eagle
I am somewhat surprised. Although I would never criticise an hon. Member, I should have thought that if the Chairman of the Procedure Committee wished to look into the way in which the Committee of Selection works, he might want to hear the evidence before putting his own views on record. However, he is his own very competent man, and he has his own views on these matters. I hope that he will also have an open mind when the Procedure Committee looks into how we might sensibly change the way in which the Committee of Selection works. I look forward to the work that it will devote to the subject.
Mr Christopher Chope (Christchurch) (Con)
I beg to move amendment (a), leave out the names at the end of the motion and insert
“That the membership of the Committee shall be nominated by the Committee of Selection under Standing Order No. 121 following elections within the parties using whatever democratic and transparent method they choose.”
The amendment stands in my name and those of quite a few of my right hon. and hon. Friends, as well as that of at least one Opposition Member.
I must say that the opening remarks from the two Front Benches, otherwise known as the usual channels, caused me to feel that there was every good reason for us to change our present procedures. My right hon. Friend the Leader of the House presented objections relating to both principle and practice. One of his points about practice was that it was important for us to be able to deal with Joint Committees very quickly. The decision to set up this Joint Committee was made in late November, but, some four months later, we still have not set it up. I detected no sense of urgency; perhaps, if I am wrong about that, my right hon. Friend will intervene.
I do not think that it was a convincing argument that if we were to elect the members of the Committee through our party groups, there would be an unacceptable delay. The delay that has taken place so far has been due to the Government, and no one else can be held responsible for it. Indeed, I have heard suggestions that the Government have always been rather keen on kicking this whole subject into the long grass, and that my amendment, which was not inspired by the Government, was just an extension of the long grass and meant that this whole issue and the appointment of the Joint Committee could be delayed further.
I do not buy into the notion that there is an issue to do with practical problems because of the question of speed, nor do I buy into the objections in principle. I am not suggesting we should change the standing orders and deal with all Joint Committees on the same basis. I am suggesting that this particular subject is unique—I think we can use that over-used word in this instance—because at present we find ourselves before an international court being told we have to change our law when this elected House of Commons has made it clear that we do not wish to change the law. This is not some run-of-the mill situation, therefore.
It is a unique situation, and it strikes me that it would have been much better for the Executive to have kept their hands well out of it. Whatever they do or do not do is going to be looked at by politicians in the rest of Europe. When the Lord Chancellor introduced the draft Bill, he conceded this was essentially a political issue as much as a legal issue. If the Government were able to say, “We put forward these three alternative proposals in a draft Bill; we then left it to the House of Commons, in its wisdom, to decide who should serve on a Joint Committee; and that Joint Committee took evidence and examined it and reached various conclusions”, the Government would be under no obligation to accept those conclusions. If a Joint Committee, however comprised, was to reach conclusions that were not in accordance with the evidence it received, that would bring the Joint Committee into disrepute.
I do not accept the principle put forward by my right hon. Friend the Leader of the House that it will be impossible to have a properly balanced Joint Committee if it is elected. I suggest quite the reverse: if a Committee is elected, its members are accountable to the people who elected them. If those elected Committee members do not participate in the Committee proceedings or if they reach perverse conclusions, they will find it very hard to get re-elected.
When we appoint members to Select Committees or our party groups, we will inevitably be electing mainly the enthusiasts. The Environmental Audit Committee has a lot more enthusiasts for what I would call “greenery” and an acceptance of climate change science than it has members who disagree with that, although I am delighted that my right hon. Friend the Member for Hitchin and Harpenden (Mr Lilley) has latterly joined the Committee to try to introduce some balance.
Perhaps the example of that Committee gives the answer to my right hon. Friend the Leader of the House. If Members feel a Committee is becoming too homogenous and is not being objective in its assessments of the evidence before it, the remedy lies in the Members of this House choosing an alternative member of the Committee to introduce balance. I do not believe only the usual channels can introduce balance into this Committee; quite the reverse, in fact.
On the issue of whether some Members proposed to serve on the Committee have a prior view, we know that some of them do, as that was expressed in the vote in the House on this subject. Other Members put forward a motion to the Committee that decides on the allocation of time for Back-Bench business; they put their heads above the parapet, and we know whether or not they are serving on that Committee. The same point applies in respect of the matters before us today.
My right hon. Friend the Leader of the House says, not totally tongue-in-cheek, that it is open to us, as the House, to put forward amendments for alternatives. I am not criticising any Members of this Committee. My amendment is not designed to do that; it is designed to ensure that the decision on the membership of the Committee is made by the individual Back-Bench groups of the Conservatives, the Liberal Democrats and the official Opposition. Those groups can then elect the people they would like to see on the Joint Committee. It seems to me that that system would work perfectly well and would distance the Government effectively from any of the Committee’s work.
As the chairman of the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe, I can say that there is quite a lot of suspicion among the other 46 member countries that the UK Government are trying to ensure that nothing happens very quickly as they realise that the UK Parliament is totally at odds with the judges in the European Court of Human Rights on this issue. If the Lord Chancellor could have said to his counterparts in other countries that he had nothing to do with who was on the Committee, that the usual channels were not involved, that the Government left it to the Members of the House of Commons to choose their own Committee members and that the Government did not have to accept their findings but could merely see what they think, he would have had a better alibi. People looking in from outside might say that the motion is a fix by the usual channels.
I understand that the Select Committee on Justice undertook an informal bidding process, making representations to the effect that it wanted one of its number to serve on the Joint Committee. The Justice Committee is not the lead Select Committee on this matter—that is the Select Committee on Political and Constitutional Reform, of which I happen to be a member. The Justice Committee put forward a number of names that were considered by the usual channels, and one of those names was chosen and is among those in the motion.
That seems to me to be a totally non-transparent way of dealing with such issues and it is not appropriate that we should set a precedent whereby a Select Committee can start to lobby the Government covertly to have one of its members as a member of a Joint Committee when that Select Committee is not the lead Committee. The Political and Constitutional Reform Committee has taken evidence on this subject from the Deputy Prime Minister and others, and if we are to give somebody from a Select Committee a place, we have not necessary chosen the right one.
My point is that the process would be much better dealt with without the Government’s involvement and that is why I hope that Members will feel able to support my amendment—not necessarily by voting for it tonight, but by asking their Whips and colleagues whether the natural development of the Wright Committee reforms would be to introduce a further reform in this regard. That would mean that if we choose to set up a Joint Committee in the future we can do so quickly, knowing what the rules are and demonstrating that we are giving power to the Back Benches on such important issues. That is even more the case with pre-legislative scrutiny.
After the Government’s rough experience of setting up a pre-legislative scrutiny Committee on the reform of the other place, I should have thought that they might say that they would do better to draw their neck in and leave it to Members to choose the members of such Committees. They would then be free to decide whether to accept the recommendations, taking into account the extent to which those Members have responded positively or otherwise to the evidence put before them.
I have pleasure in moving the amendment and I am grateful to my right hon. Friend for giving us the opportunity to speak about this important subject before we go on to other business before the House this evening.
Business of the House (26 February)
Christopher Chope Excerpts(11 years, 2 months ago)
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Mr Christopher Chope (Christchurch) (Con)
I hesitate to call the remarks of my right hon. Friend the Leader of the House disingenuous, but that is probably the only proper description of what he has just enunciated. Standing Order No. 20 provides that private business should be given three hours between the hours of 4 o’clock and 7 o’clock. The Leader of the House has all the rest of the parliamentary timetable to play with as he wishes, so surely he should respect the right of people who put private business before the House to do so with some certainty as to when that business will begin and conclude. That is the whole purpose of Standing Order No. 20.
If there was no Standing Order, we would be treating private and public business in exactly the same way. As Members know, I take a keen interest in private business, and I think it is important that we do not tear up our Standing Orders on an ad hoc basis. It is almost invariably the case that the Leader of the House tables a motion to try to vary the convention under Standing Order No. 20 that private business should be dealt with for a specified three-hour period.
If I was speaking on behalf of the promoter of a private Bill, I should wish to have certainty; it is unwhipped business, so to ensure that it can proceed it is important that the Member in charge of the Bill can tell colleagues to come along to the debate because at 7 o’clock there may be a vote. Instead of that situation being crystal clear for everybody, tonight’s proposal will mean that nobody will be quite sure when business on the City of London (Various Powers) Bill will be concluded, assuming that it extends for a three-hour period.
In my submission, the City of London (Various Powers) Bill is very important. Obviously, this debate is designed to ensure that we have three hours between 4 o’clock and 7 o’clock tomorrow afternoon dedicated to dealing with the Bill. In paragraph 7 of the statement by its promoters, they state that progress on the Bill, which was introduced in Parliament in November 2010,
“was delayed as the Promoter sought to address Government concerns as to the compatibility of certain of the Bill’s provisions with the EU Services Directive. The Promoter obtained an opinion of leading Counsel supporting the inclusion of the provisions and passed this to BIS in February 2012. BIS, having reserved its position to the Second House while it considered the issue…has now indicated that it has not altered its original view”.
The Department for Business, Innovation and Skills therefore does not agree with the opinion of leading counsel obtained by the promoters of the Bill. Those of us who discussed the last set of private Bills will recall that the EU services directive is a very controversial measure. [Interruption.]
I shall not talk more about the Bill now; I simply emphasise that it is significant and should be of interest to a wider group of parliamentarians, particularly those concerned about the implications of the implementation of the EU services directive. [Interruption.]
Mr Bone
Will my hon. Friend make it clear to the House that one reason why we are having this short debate—and possibly a Division—is to stop us debating important private business between the hours of 7 pm and 10 pm tomorrow night? What we are doing tonight is trying to prevent the House from sitting late tomorrow.
Mr Chope
My hon. Friend is, of course, absolutely right. If there are hon. Members present who would rather I was not speaking, I would point out to them that it was open to them to vote against the 10 o’clock motion. Indeed, I am rather surprised that they did not do so, if they wanted to get home promptly.
Jacob Rees-Mogg (North East Somerset) (Con)
Does not my hon. Friend think that people voted in favour of the extension motion because it is always such a pleasure to sit late—to sit late tonight, and to sit late tomorrow night? Perhaps we could sit late on Wednesday as well.
Mr Chope
At a time when productivity in so many parts of our economy is in question, it is important that the House should set a good example by being very productive. I am sure that no one would wish to suggest concluding our proceedings unnecessarily early.
This issue should not be treated with levity. The whole purpose of Standing Orders is that we should maintain and stick to them. If, whenever we had private business, the Standing Orders were invariably set aside, they would be brought into disrepute. In the absence of a written constitution, the Standing Orders are our ultimate defence of liberty. That is why I take very seriously attempts by the Government to undermine the Standing Orders.
Let us look at what would happen tomorrow if the business of the House motion were not carried. The sitting would start with questions. Then there would be statements, though we do not yet know whether there will be any urgent questions or statements tomorrow. Then we would get on to the Groceries Code Adjudicator Bill. If discussion on that Bill had not finished at 4 o’clock, we could continue discussing it at 7 o’clock. What is so unreasonable about that? It seems a sensible way of proceeding.
Let us remember that in the past the Government would not normally have given half a day for Report and Third Reading of a major Bill; they would have allocated a whole day. Indeed, that is what they did originally in the programme motion that was carried by the House on 19 November last year, in which it was agreed that Report and Third Reading of the Groceries Code Adjudicator Bill would have a full day. As the Government want to curtail debate on the Bill, they have tabled a motion among the remaining orders to restrict the length of Report and Third Reading, and they are compounding that felony by saying that they wish to push private business to later on in the day, so that the Bill can be accommodated before private business.
Anyone would think that the Government were not in control of their business. Why are we having to debate this at 10 o’clock on a Monday night? It seems as though they run their business on a rather hand-to-mouth basis. Why did they not decide on this several weeks ago? I hope that the Leader of the House will address that issue when he responds.
I have tabled some new clauses and amendments to the Groceries Code Adjudicator Bill, and I see no harm in splitting consideration of the Bill, with our debating it until 4 o’clock, and starting again at 7 o’clock. [Interruption.] I see that the hon. Member for Cardiff West (Kevin Brennan) thinks that would be a good idea, and I hope that, in due course, that will be reflected in the way he votes in any Division that takes place.
We do not need to make a great meal of this. It is important that we should stand up for the rights of the House. We should make it clear to the business managers that they cannot just push stuff though on the nod, and that there will always be some of us who will want to raise questions and not be pushed around, as we feel we are being pushed around now.
I hope very much that the House will support the proposition that under Standing Order 20 private business should be dealt with for three hours between 4 o’clock and 7 o’clock tomorrow and that any other Government business should be fitted in around the private business, rather than the private business being kicked into the long grass—relatively speaking—for consideration later in the day. That is my proposition, and that is why I tabled the amendment, which was not selected. That would have been a slightly academic amendment, as reflected in the Speaker’s decision not to call it, because I see no prospect whatever of the Groceries Code Adjudicator Bill being finished before 4 o’clock tomorrow afternoon. The issue before the House is a straight one: do we accept the motion on the Order Paper or do we not?
Mr Lansley
I will gladly respond, simply to say, in response to my hon. Friend the Member for Christchurch (Mr Chope), that we are debating this now because an objection was taken to the motion providing for opposed private business tomorrow that was on the Order Paper and considered after 10 o’clock, the moment of interruption, on 13 February. I am sure that the House is quite amused by my hon. Friend’s support for the promoters of the private Bill and the certainty they require about its progress; with that solicitude from him, they must feel a little like someone in the embrace of a particularly large boa constrictor—[Interruption.] I would never impute any negative motive to my hon. Friend, that is for sure.
I think that I might reassure my hon. Friends the Members for Christchurch and for Wellingborough (Mr Bone) that the intention is not to do any serious damage to the time at which the opposed private business is to be taken on a Tuesday. The intention tomorrow will be to ensure that the House considers the Groceries Code Adjudicator Bill and agrees the time that is available for it. I am sure that the usual channels have made sure that the House has an opportunity to consider the Bill to the necessary extent. Therefore, if the programme motion is agreed to and consideration of the Bill is concluded after four hours, the House is likely to start considering the opposed private business at about 4.40 pm, if there are no urgent questions or statements—[Interruption.] I must say to my hon. Friend the Member for Wellingborough, who says “Ah” in that way from a sedentary position, that we are always subject to the question, as he rightly said, of whether there will be a Standing Order No. 24 motion, whether an urgent question will be sought and granted and whether a statement will be made. Those matters will inevitably give rise to a degree of uncertainty, so although my hon. Friend the Member for Christchurch is talking about the certainty that is required, very rarely in this place do we have absolute certainty about the timing of proceedings.
Mr Lansley
I will, because I always want to be helpful to my hon. Friend, but then I must conclude.
Mr Chope
I am going to practise my snake-charming, Mr Speaker. Does my right hon. Friend agree that the doctrine of reasonable expectations is now being regularly undermined by the Government, because when the House voted to change the sitting hours the expectation was that it would rise on a Tuesday, subject to the Adjournment, at 7 o’clock? Now it almost invariably sits much later than that. It is almost as though the Government were changing the policy.
Mr Lansley
I am afraid that I must disagree with my hon. Friend. On the contrary, I think that we are meeting our expectations with regard to the sittings of the House with considerable regularity and certainty. On that basis, the worst-case scenario tomorrow, without urgent questions or statements, is that business will conclude at 7.40 pm. Of course, he must remember, and Members will be aware, that the programme motions and this motion show a maximum amount of time. The motions do not require us to debate the Groceries Code Adjudicator Bill for four hours, nor do they require us to debate opposed private business for three hours—we can choose to debate for a shorter period.
While debating the City of London (Various Powers) Bill and its important measures tomorrow, I urge my hon. Friend the Member for Christchurch and others to remember their urging tonight that the House should conclude its business at 7 o’clock—and it may be in their gift to do so.
Question put and agreed to.
Business of the House (6 February)
Christopher Chope Excerpts(11 years, 3 months ago)
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Mr Christopher Chope (Christchurch) (Con)
Briefly, I see no reason at all why we cannot have the normal arrangements, whereby three hours is allocated to private business between 4 o’clock and 7 o’clock on Wednesday. When such motions have been carried in the past, they have sometimes resulted in the private business continuing beyond 7 o’clock and the people promoting and speaking to that business being criticised by the Whips and colleagues for keeping the House late. The private business should be taken between 4 o’clock and 7 o’clock, and if the business managers so arrange things that they cannot deal with the other business before 4 o’clock and the private business has to continue after 7 o’clock, so be it. Obviously I am not going to divide the House on this matter this evening, but I put people on notice that if on Wednesday the private business continues beyond 7 o’clock and people start bellyaching about it, I hope they will not bellyache against those of us who take a keen interest in private business, but will criticise the Government and the business managers.
Jacob Rees-Mogg (North East Somerset) (Con)
As it is private business, it is not whipped business, so hon. Members will be completely free to go home whenever they feel like it as the private Bill is going through. No one will think otherwise.
Jacob Rees-Mogg
The Vice-Chamberlain of the Household was nodding vigorously as I was making my intervention, so I think I had authoritative support from the Whips.
Mr Chope
That puts a slightly different complexion on it. It means that if we approve this motion, all my hon. Friends and Opposition Members will be free immediately after the Opposition day business and will not need to stay for the private business. Following my hon. Friend’s useful contribution, I hope that the Whip will be altered accordingly to reflect the fact that people on this side of the House will be free to leave at 4 o’clock at the latest on Wednesday and that we can then have the private business in our time and under our own rules, with those who are interested in participating present in the House and others who are not so interested absent. On that basis—that the Government are changing the whipping, so that private business is not whipped business—I shall not push this matter to a vote.
Mr Deputy Speaker (Mr Nigel Evans)
I will be staying for the private business, Mr Chope, and I can barely wait.
Question put and agreed to.
Electoral Registration and Administration Bill
Christopher Chope Excerpts(11 years, 3 months ago)
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Mr Lansley
No, I am afraid that my hon. Friend is not correct in that respect. The coalition agreement is clearly a relevant issue, but it is not encapsulated in the ministerial code. The code is very clear—he will no doubt be familiar with it—and makes clear the requirements for Ministers to accept the obligations of ministerial collective responsibility save when it is explicitly set aside. I am simply making it clear that collective ministerial responsibility has been set aside in relation to this debate and for these purposes.
Mr Christopher Chope (Christchurch) (Con)
My right hon. Friend has answered questions about ministerial responsibility in front of a Select Committee. Can he tell us who set aside collective responsibility and, if it was the Prime Minister, why he did so?
Mr Lansley
My hon. Friend will be aware that the Prime Minister has responsibility for the ministerial code. Indeed, when ministerial collective responsibility is explicitly set aside, it is the Prime Minister who makes that decision. He is clearly doing it, as the House will understand, in the context of coalition government. As we know, that can give rise to occasions where there is not a collective view, and where by extension it is therefore not possible for a collective view to be the subject of collective ministerial responsibility. Let me turn to the substance of the issues.
Business of the House
Christopher Chope Excerpts(11 years, 4 months ago)
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Mr Lansley
The hon. Gentleman may recall that in the summer of last year, when I was Secretary of State for Health, one of the things that I set out as part of the further measures to improve maternity services was a focus on post-natal depression. I entirely share his view. There is still, as I know from my knowledge of the health service, variable access to specialist services for some of the most severe cases of post-natal depression. I know my colleagues will be looking at that, but if the hon. Gentleman wishes to raise the matter at Health questions next Tuesday, I am sure that would be helpful too.
Mr Christopher Chope (Christchurch) (Con)
Will it be possible to have a debate next week on collective ministerial responsibility? I tabled a number of questions to the Prime Minister on the subject, which have been ducked. Surely it is important that there should be clarification of what we mean by collective ministerial responsibility, and how and to what extent the Prime Minister feels obliged to enforce the provisions of the ministerial code in relation to collective ministerial responsibility.
Mr Lansley
I am grateful to my hon. Friend. I have not had the opportunity to see the questions to which he refers, although I would be glad to. As far as I am aware, collective ministerial responsibility continues to apply as it always has done, as has the ministerial code.