Counter-terrorism and Security Bill

Debate between David Heath and Lindsay Hoyle

Tuesday 10th February 2015 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

May I just say to Members that we do not have much time, but if we can be brief, we will get every Member in?

[Mr Heath]

As I said on Report, it is extraordinarily difficult to get the balance exactly right between the security of the citizen and of the realm and the accretion of powers by the state. I pay tribute to the Home Secretary and her colleagues in the Department for listening carefully to the things said about this Bill by Members on both sides of the House. All the amendments we have received from the other place, many of them stimulated by our discussions in this House and now back before us, improve the Bill rather than make it worse. That is not to say that there are not areas where I might have gone a little further than the Government amendments in the Lords, but let us recognise that it has been improved.

I particularly welcome—this was the deal breaker—the introduction of judicial oversight of the temporary exclusion orders. I honestly do not understand why the right hon. Member for Delyn (Mr Hanson) believes it would be better for the House to have supported an Opposition amendment that was inadequate to the task rather than the Home Office’s own amendment, which we were promised on Report and which has now been produced in the Lords.

Business of the House

Debate between David Heath and Lindsay Hoyle

Wednesday 14th December 2011 Commons Chamber

[Mr Heath]

I think the hon. Gentleman is making a valiant effort to bring some substance to his objections to the proposals, but he is not succeeding. At various times he accused me of being nonchalant. I hope that I am not nonchalant. Simply that something is technical does not imply nonchalance. Flying a jet liner is a technical business, but one should certainly not be nonchalant about doing so. As I said, we have thought through the consequences.

The hon. Gentleman said that we are massively increasing carry-over, but we are not. We are specifically and precisely dealing with the consequences for Finance Bills of the change to sessional periods. He said—at least, I think I heard him say—that having longer to scrutinise a Finance Bill made it more difficult to scrutinise it effectively. I am not sure that that is always the position of Her Majesty’s Opposition.

To deal specifically with his questions, the hon. Gentleman asked why should not the Finance Bill start in the new Session. The answer is: for the very obvious reason that if it did, the time available to the House to debate and scrutinise the Bill would be reduced. That cannot be right. He asked whether paragraphs (3) and (4) of Standing Order No. 80A apply to Finance Bills. Had he read the explanatory memorandum, he would have seen stated therein that those paragraphs will apply to Finance Bills.

The hon. Gentleman asked whether the provisions of paragraphs (12) to (14) of Standing Order No. 80A apply. Yes, the Standing Order will prevent a Finance Bill from being carried over more than once, as is stated in the explanatory memorandum. However, I have to say that if we had a Government whose Finance Bill was carried over between three Sessions, they would no longer be a Government, because they would not be a functioning Government. They would be a dead Government if they were unable to get their Finance Bill through in three Sessions of Parliament. I think we can safely assume that those circumstances will not apply.

On supply, the hon. Gentleman asked why the cut-off of 5 August under Standing Order No. 54 is being removed without being replaced. The timetable requirements for estimates procedures do continue and are set out in Standing Order No. 55. He asked why the first cut-off for supply is changing from a date in February to a date in March. That change does not affect the spring deadline. The February date was the cut-off for the winter supplementary estimates, which will no longer be published.

Despite the hon. Gentleman’s valiant efforts to try to find a cause on which he could unite his party against these very modest and sensible proposals, he has failed to establish any case for doing so. I commend the orders to the House and I hope that the House will be able to agree them without opposition.

Question put.

The House proceeded to a Division.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I ask the Serjeant at Arms to investigate the delay in the Aye Lobby.

Parliamentary Contributory Pension Fund

Debate between David Heath and Lindsay Hoyle

Monday 17th October 2011 Commons Chamber

[Mr Heath]

First, we have to accept the result of any vote this evening, but if the motion goes through the order will be made shortly, and the hon. Gentleman should know that that really does mean shortly; it will be not one of those that lasts several months.

I reconfirm for the hon. Member for Suffolk Coastal (Dr Coffey) that the Government propose to increase contributions to the ministerial scheme, with staged increases being applied from 1 April 2012, and that we will consult on the proposal, as required by the Constitutional Reform and Governance Act. For the avoidance of doubt, I should point out that I do not receive a ministerial salary or pension, so I will not be affected—[Interruption.] As the hon. Member for Wallasey says, I do the job for nothing—for my love of the job. I am glad that that is appreciated—[Interruption.] She does, too.

On that note of happy consensus, I hope the House will agree the motion and pass the matter to the independent body with the very clear indication that, no, we do not expect to be treated differently simply because we are Members of this House and have the opportunity to express our opinions here in the Chamber.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Does Mr Chope wish to move his amendment?

Publication of Information about Complaints against Members

Debate between David Heath and Lindsay Hoyle

Thursday 2nd December 2010 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. We have to be very careful that we do not get into matters that are sub judice. I know that the hon. Gentleman was careful in what he said, but we are drifting into an area that we need to keep away from.

[Mr Heath]

I shall be equally careful not to enter that area, Mr Deputy Speaker. We have yet to introduce our proposals on the powers of recall; those will be in future legislation. Obviously this matter will be under consideration when we draw up the proposals for that Bill. Clearly, there is the potential for a trigger to reside with the consideration of the Standards and Privileges Committee or in a court decision. The House will have to determine that in due course. We also hope to introduce a Bill on the matter of privilege. Again, we will have to take great care to understand the points made by hon. Members in this debate and in others, and the response of the House in its decisions. We will have to ensure that we have covered, as far as is possible, any points raised on the matter of the draft legislation on privileges, which we anticipate introducing at a later stage.

--- Later in debate ---

[Mr Sheerman]

On a point of order, Mr Deputy Speaker. How can we make a decision about this important aspect today, given that the Minister has just told us that the Government have not even decided what they are going to do about recall, or whether recall can be sparked off through the Standards and Privileges Committee or through a criminal case? What sort of rule is this?

[Mr Deputy Speaker]

In fairness, the hon. Gentleman has raised a point, but it is not a point of order and the House is debating the issue .

[Mr Heath]

There is nothing about recall in the motions put before us by the right hon. Member for Rother Valley—

--- Later in debate ---

[Mr Deputy Speaker]

That is not a point of order, but the hon. Gentleman has certainly got on the record the point that he wanted to make.

[Mr Heath]

Actually, I think the matter was referred to by the Chairman of the Standards and Privileges Committee.

Parliamentary Voting System and Constituencies Bill

Debate between David Heath and Lindsay Hoyle

Monday 1st November 2010 Commons Chamber

[Mr Deputy Speaker]

Order. We are not going to push this any further. I have made a ruling, I stand by that ruling and the Member must accept it. I call Mr Heath.

[The Parliamentary Secretary, Office of the Leader of the House of Commons (Mr David Heath)]

This large group of amendments reflects a range of views about representation in the nations and the way in which the boundary commissions should go about the task of drawing up constituency boundaries.

Let me start with a simple statement of principle. In a single-Member constituency system, there must be broad equality in constituency size so that one elector means one vote between, as well as within, constituencies. I do not think that is a particularly controversial remark. The hon. Member for Rhondda (Chris Bryant) calls it an attitude that is “crazed” and “desiccated”—it is interesting that one can be both simultaneously—but I do not accept that. My concern about the amendments in this group is that they would all compromise on equality for a range of motivations, some entirely understandable, others less so.

The amendments seek to make exceptions for, variously, the Isle of Wight, Cornwall, Ynys Môn and the highlands of Scotland, and we recognise the pride and sense of history that underpins each of these claims for special treatment. The Minister with responsibility for political and constitutional reform, the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper), visited the Isle of Wight on 1 October and Ministers at the highest possible level have met campaigners from Cornwall to hear their arguments. However, it is not the case that the only argument that was made was in favour of the status quo; I think the hon. Member for Isle of Wight (Mr Turner) recognised that in a previous debate. For example, a cross-Solent constituency might have advantages. The Isle of Wight council has recently made a submission to the Government to create a Solent local enterprise partnership covering the economic area of south Hampshire and the Isle of Wight. Where appropriate, therefore, the island is clearly willing to develop its long-term interests in conjunction with its mainland neighbours. There are a number of shared opportunities between the island and the mainland and I believe this willingness to engage could also be demonstrated in a cross-Solent constituency.

[Ian Murray (Edinburgh South) (Lab)]

Had the Government allocated enough time for us to debate this topic this evening, the hon. Gentleman would have heard a cross-section of views not only from Wales, Devon, Cornwall and colleagues from Northern Ireland and Scotland, but from the whole country, expressing concern about communities being split up and boundaries being drawn on the basis of strange anomalies or purely in accordance with mathematics. In fact, the Government are in danger of ensuring that people such as those mentioned by colleagues are under-represented in the House, not over-represented.

[Mr Deputy Speaker]

Order. That was a long intervention.

[Mr Heath]

I simply do not understand this argument that having equal constituencies with a margin of plus or minus 5% represents an outrageous innovation that is anti-democratic. That is simply not the case.

--- Later in debate ---

[Mr Heath]

I have not got time to give way, I am afraid.

I also want—[Interruption.] I also want to make it plain that my right hon. Friend the Member for Ross, Skye and Lochaber (Mr Kennedy) made—[Interruption.]

[Mr Deputy Speaker]

Order. The hon. Member has said he will give way a little later. Let us be a little more patient. People want to hear what is being said. [Interruption.] I am sure the hon. Member can see behind him, Mr Bryant; he does not need any assistance.

[Mr Heath]

I am most grateful, Mr Deputy Speaker. I am trying to cover quite a lot of ground for colleagues in a relatively short period.

I wanted to address the issues raised by my right hon. Friend the Member for Ross, Skye and Lochaber and my hon. Friend the Member for Caithness, Sutherland and Easter Ross (John Thurso)—and I know that if my hon. Friend the Member for Argyll and Bute (Mr Reid) been able to contribute to the debate he would have said very much the same thing about the highlands of Scotland. [Interruption.] May I correct the hon. Member for Rhondda? He kept on saying that there are three exceptions in the Bill, but there are not three exceptions; there are two exceptions and they are, for very clear reasons, for the two island constituencies where contacts are very difficult. I think my hon. Friend the Member for Argyll and Bute can make a very strong case for his own constituency as well, but I do not accept that having a maximum size—which it has been said is the size of Belgium—is unreasonable for the Scottish Members representing highland constituencies.

The hon. Member for Foyle (Mark Durkan) made a very important point on Northern Ireland. I expected him to make the connection between parliamentary constituencies and Assembly constituencies. Instead, he concentrated on the quota and the Sainte-Laguë formula, and he raises an important point that we need to look at. I want to make absolutely sure that the system is fair to all parts of the United Kingdom, and I will certainly look at that point.

I find it very difficult to understand the argument that the Welsh constituencies are badly treated by being treated the same as other constituencies, such as those on my side of the Bristol channel. I do not know whether changing the name of Somerset to Gwlad yr Haf would have the desired effect of giving us twice as many representatives, but I do not accept that people in the west country should be disadvantaged in that way. [Interruption.] No, what is patronising is to pretend that we cannot go from one part of a constituency to the other because there is a hill or a river in the way. That is nonsense.

I briefly want to address the effect of Government amendments in this group, which are technical in nature. Amendments 220 and 221 allow the boundary commissions to use the most up-to-date register in areas where publication is delayed. If these amendments are not agreed to, in some areas the boundary commissions would have to use the register before the results of the annual canvass were included in it. I therefore hope we can all agree that the amendments must be made.

Amendment 21 makes consequential amendments to other legislation that refers to particular constituencies by name. We need to make that other legislation consistent with the new rules for constituencies in the Bill.

I hope the House will be able to support the Government amendments, and will reject the other amendments if they are pressed to a Division, as I believe they introduce inequalities—and inappropriate inequalities at that—that I personally cannot accept.

Question put, That the amendment be made.

Parliamentary Voting System and Constituencies Bill

Debate between David Heath and Lindsay Hoyle

Wednesday 20th October 2010 Commons Chamber

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

With this it will be convenient to discuss Government amendments 163 to 167.

[Mr Heath]

These are minor amendments to clarify the position on ministerial responsibilities in relation to the constituencies provisions of the Bill. Responsibility for elections law, including parliamentary constituencies, is now exercisable by the Lord President and the Secretary of State, as my right hon. Friend the Deputy Prime Minister, as Lord President of the Council, now has responsibility for political and constitutional reform. That was effected by the Lord President of the Council Order 2010, which provides that functions under various Acts, including the Parliamentary Constituencies Act 1986, are exercisable concurrently by the Lord President and the Secretary of State. In the case of that Act, “the Secretary of State” includes the Secretaries of State for Scotland, Wales and Northern Ireland, who retain functions relating to boundary commissions in their parts of the United Kingdom.

The order states that references to the 1986 Act include references to it as amended by any enactment already made but not yet in force. It is arguable that that implies that such a reference does not include a reference to that Act as amended by a subsequent enactment. The amendment therefore provides that the reference to the 1986 Act in the order is to be read as a reference to the Act as amended by the Bill.

Amendments 163 to 167 are to clause 11 on the relationship between the changes to parliamentary constituencies and the constituencies of the National Assembly for Wales. They make similar changes to those in the Lord President of the Council Order 2010, so that the clause refers to both the Secretary of State and the Lord President of the Council, and not just to the Secretary of State. That is done in the same way as in part 1 of the Bill, which provides that the Minister means the Lord President or the Secretary of State. I hope that that is perfectly clear to the Committee.

Parliamentary Voting System and Constituencies Bill

Debate between David Heath and Lindsay Hoyle

Tuesday 19th October 2010 Commons Chamber

[Mr Heath]

I will happily answer—

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

Order. I think that we are going wide of the mark and the Deputy Leader of the House is being dragged into areas where I would not expect him to be led. I know that he knows better and I will let him continue with his speech.

[Mr Heath]

I will of course be led by you, Mr Hoyle, on what it is appropriate to deal with on this group of amendments, although I will take great pleasure in coming back to that argument tomorrow when we debate the proposed constituencies.

Many hon. Members have concentrated on registration, and it is an extraordinarily important issue. I yield to no one in my wish to see registration dealt with much more effectively. Indeed, it was one of my persistent criticisms of the 13 years of the Labour Government that they did so little to ensure that the registration of electors was much improved. That is one of the many failures of the previous Government. I agree with my hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes), who said that this issue should transcend party politics and our views on the outcome of elections. It surely should be a principle that every single eligible elector should be on the register and that those who are not eligible should not be on the register.

Those are the two sides of the coin, as far as electoral registration is concerned. That is why I am so pleased to have heard what the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper) said the other day about the extra measures that the Government are taking to ensure that registration is carried out more effectively across the country. We can do more. I am taken by the view of my hon. Friend the Member for Bermondsey and Old Southwark, which I have heard expressed before, that we should have a democracy day. That is something we can build on. Perhaps hon. Members could work with the local authorities in their area and make better registration a reality.

Points of Order

Debate between David Heath and Lindsay Hoyle

Monday 21st June 2010 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

The hon. Lady makes an interesting point. The advice is that on the one hand, there is no provision in the Standing Orders barring any Member from taking part in the proceedings; on the other hand, voting is not compulsory. I am sure that Members will listen to that advice. This is ultimately a matter for individuals to decide for themselves, rather than for the Chair to decide.

[The Parliamentary Secretary, Office of the Leader of the House of Commons (Mr David Heath)]

Further to that point of order, Mr Deputy Speaker. It may be helpful to the House to know that the business managers on the part of the Government—my right hon. Friend the Leader of the House, myself, the Chief Whip and the Deputy Chief Whips—will not take part in that election.

[Mr Deputy Speaker]

I think the answer has been made clear. It will be interesting reading for other hon. Members to take that advice on board.