Amendments to Bills (Explanatory Statements)

David Heath Excerpts

Wednesday 6th November 2013 Commons Chamber

[Mr David Heath (Somerton and Frome) (LD)]

Those hon. Members who recall that I used to sit where my right hon. Friend the Deputy Leader of the House now sits, long into the night discussing similar matters, may think it an act of sublime masochism for me to be standing here prolonging proceedings this evening, but I feel strongly about this issue. I do not want to detain the House for long, but I wish to express my support for the position of the hon. Member for Brighton, Pavilion (Caroline Lucas), because I simply do not recognise the arguments adduced against what has been suggested. I well recall the pilots, because I was the Deputy Leader of the House who proposed the pilot scheme. I was also one of the Ministers for one of the two Bills—the Electoral Registration and Administration Bill—involved in the pilot. On the part of Government, I did not see it as an excessive burden, and nor do I believe that the civil servants who supported us found it an excessive burden simply to state the purpose of Government amendments for that Bill.

[Zac Goldsmith (Richmond Park) (Con)]

I am not surprised to hear that my hon. Friend supports the amendment, which I will also be supporting if it comes to a vote. Does he agree that even if it does add an extra burden and its requirement leads to extra work, it is a small price to pay for improving the legislative process? The one thing we are all paid to do here is to legislate, and people often have no idea what they are voting on. Surely that is a scandal and it requires a bit of investment to address it.

[Mr Heath]

I am grateful to my hon. Friend for that. I agree that it is better to have clarity, so that not just Members in this House but others looking at our proceedings can understand what we are debating.

There are other benefits to be had. I have always had this romantic view that we can improve the procedures of this House and do things in a more effective, focused and timely way. That would help everybody who has come to a debate on amendments and found that the purpose of the proposer of an amendment was quite different from what they had imagined when they first read it. That applies not only to Back Benchers, but to the Government. Very often Ministers have learned screeds of paper telling them what the civil servants who support them in the Bill believe the Opposition Member was intending by their amendment, only then to find that that was absolutely a wrong guess.

[Wayne David]

Inadvertently, the hon. Gentleman has made an astute point, because it is wrong to believe that all amendments have an objective truth about them. Amendments, particularly those from the Opposition, often have different interpretations attached to them. He mentioned the Electoral Registration and Administration Bill, which is a good example of when our interpretation of what we were putting forward was objectively different from that of the civil servants. The essential clarification often is provided through debate, not by declamatory written statements.

--- Later in debate ---

[Mr Heath]

The hon. Gentleman will find that I make many astute comments and they are never inadvertent. No, that is not the tension we want in the House; we want understanding, and we want sensible debate focused on the issues at stake, not guesswork as to what those might be. It does not matter whether it comes from the official Opposition, a Back-Bench Member or the Government: clarity is an addition and support to the value of our debate in this House. I find it difficult to understand why anyone would take a different view.

I know that whichever way the debate goes this evening, the Government will produce an explanatory statement every time an amendment is tabled. I have no confidence, I am afraid—for the reasons exemplified by the approach of the hon. Member for Caerphilly (Wayne David)—that the Opposition will do the same. I am afraid that the argument that they do not have the resources to produce such statements is a canard. First, as the right hon. Member for Oldham West and Royton (Mr Meacher) said, it takes very little resource to do so. Secondly, let us explode the myth that every Member who tables an amendment writes it himself or herself. That is not the case. Amendments are often prepared by well-resourced outside bodies that would have no problem whatsoever providing an explanatory statement. If all else fails, the official Opposition have something called Short money—a considerable amount of money to support their parliamentary activities, including the tabling of amendments. What is the problem?

I believe that the amendment is sensible and I will support it this evening. Let me finish on one specific point. I note that the Chair of the Procedure Committee has been supported in a remarkable act of solidarity by the Leader of the House, the Deputy Leader of the House, the shadow Leader of the House and the shadow Deputy Leader of the House. Although I am glad that they can provide that support to the Procedure Committee, I wonder whether that is appropriate on what is essentially a House matter concerning our procedure. It appears to oblige the payroll vote to support the original motion rather than to vote according to what those Members consider to be the rights and wrongs. I am afraid that I think that this is a matter on which the House should decide, not the Government.

[Mr Charles Walker]

May I reassure the hon. Gentleman that in the past three and a half years I have never sought the support of the Executive in any way, as demonstrated by my voting record? If they want to support a recommendation made by the Procedure Committee, that is entirely down to those on the Front Bench, but it is not something that I have sought or would ever want to see.

[Mr Heath]

I absolutely accept that statement and it doubles my admiration for the solidarity expressed by those on the two Front Benches in supporting the hon. Gentleman. However, as a consequence of that, many members of the Government are sitting watching monitors wondering whether this chap will ever shut up so that they can move towards a vote. They are obliged to stay here to ensure that a rebel amendment tabled by the hon. Member for Brighton, Pavilion does not succeed. I regret that, but I hope that we will have a sensible debate and that whichever view prevails this evening, every amendment will eventually have a short explanatory statement stating what the devil it is for.

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

I am grateful for the opportunity to speak in what I am sure will be a short debate. It is perhaps worth clarifying one point for the benefit of the Chair of the Procedure Committee, on which I have the privilege to serve. He referred to those who had signed the motion and I think he perhaps inadvertently suggested that I was the shadow Deputy Leader of the House. I do not have that great privilege; that more august position is held by my hon. Friend the Member for Penistone and Stocksbridge (Angela Smith). I think that reference was probably an oversight on his behalf.

The debate so far has been fascinating and great passion has been expressed about clarity and resources. Like other colleagues, I have the highest admiration for the House and the House service. I am always in bewildered awe at the great education that our Clerks have had compared with ours. As colleagues who have tabled amendments over the years will know, we are often up against tight timetables. There are archaic rules about when amendments must be tabled by and I think it places an undue burden on the House service to expect that when someone comes in up against the deadline—[Interruption.] The hon. Member for Somerton and Frome (Mr Heath) chunters from a sedentary position, as ever, about short deadlines. I cannot help but recall the number of amendments he tabled at the very last minute when he was a Minister, yet he criticises those colleagues who are forced to wait until the very last minute. The notion that we would rule out a perfectly reasonable and well thought-out amendment because it did not have an accompanying explanatory statement is anti-democratic. I am disappointed—I genuinely have great respect for the hon. Gentleman.

[Mr Heath]

I am puzzled by what the hon. Gentleman is saying. Is he saying that the procedures of the House really do not matter, and that we do not have to be in accordance with them when tabling an amendment, provided that it is a really important amendment, or does he accept the fact that the rules are there to aid debate, and that there is a back-stop provision, as the Chair can always rule something in order, as they do frequently with manuscript amendments?

[Thomas Docherty]

I am grateful to the hon. Gentleman for making that point, which leads me nicely to the point that I was going to make about “Erskine May” and the discretion of the Chair. You are a wonderful Chair, Mr Deputy Speaker, held in the greatest regard by Members on both sides of the House. The whole House has the highest regard for your observations and the way in which you guide us through difficult debates. “Erskine May” makes it clear that colleagues should not read out speeches, but with great discretion, Mr Deputy Speaker, you allowed the hon. Member for Brighton, Pavilion (Caroline Lucas) to read her speech. The House rules would say, following the intervention of the hon. Member for Somerton and Frome, that that would not be allowed. The notion, Mr Deputy Speaker, that we would expect you to overrule the consensus of the House is probably unfair on you, and the hon. Gentleman has therefore placed too great a burden on your august shoulders. It is wrong to place the Chair in that position.