Wright Committee

Debate between Graham Allen and Thomas Docherty

Tuesday 2nd July 2013 Westminster Hall

[Mr Allen]

My hon. Friend makes a powerful point. In looking to improve around the margins some of the things that the Backbench Business Committee does, we should not miss the big picture. The Committee has been an incredibly powerful change, it is progress for the House and it gives us great courage and strength when considering what further the House could do. At the time of the recommendation, people were saying, “This is ridiculous. These people will be out of control. They will be doing pet topics. It depends who seizes control of the Committee, and it will be absolute chaos.” Well, people should look at private Members’ Bills if they want to talk about chaos—they are another issue that needs to be resolved and cleaned up. The Backbench Business Committee has proved that the House is capable of executing its own business and agenda responsibly and maturely, and it gives us great faith that that could happen in the proper context of a House business committee.

There are other things that we need to consider, and I have mentioned private Members’ Bills. What a shameful farce it is to talk to members of the public about the process for private Members’ Bills. The process has always been a farce, and it needs to be cleaned up so that the House can proceed with a small number of Bills—perhaps only three or four—that are guaranteed to be given a Second Reading and to go into Committee, if a majority in the House agrees. Such Bills could be voted down if the Government do not like them, but we should end the nonsense of talking stuff out, using procedural tricks and all the other stuff that just brings the House and Members into disrepute. Let us be honest about private Members’ Bills.

There are many other things. Early-day motions are political graffiti. The Wright Committee recommended that a number of motions could be used to secure Members’ debates on the Floor of the House. Again, there would be a small number of occasional debates, but early days could be found so that some credibility is restored to early-day motions, rather than their being used to buy off constituents who have raised a particular issue with their Member of Parliament and feel that signing an early-day motion will change something. Let us actually create a process through which we can change something where there is sufficient cross-party support for an early-day motion.

The Government’s abuse of petitioning also needs to be addressed. The Government have stuck their nose into e-petitioning and have misrepresented what it can do. They have tried to foist the consequences on to the Backbench Business Committee and the legislature. We should send e-petitioning back to the Government and say, “If the Government are petitioned, they must answer and respond.” If people wish to petition and e-petition the House separately asking for a proper debate, the House should take that seriously, but it should not be given a ceiling. Editors in newsrooms tell their journalists they have to pump up the numbers so that they can press the House to have a vote on something that is on their agenda; petitions should be given back to the people. The Government should separate from Parliament on petitioning, and we should address petitions in our own way internally. Hopefully, it will result in a number of debates taking place on which people have genuinely petitioned the House.

We also need to revisit the inadvertent squeeze on minority parties caused by the changes. The Wright Committee proposed that the Speaker be allowed to nominate one person to Select Committees. That power would be used wisely, I am sure, by the incumbent, who would ensure that minority parties were represented where they otherwise would not be.

The question of filling casual vacancies on Select Committees needs to be addressed, and will become ever more pressing as we approach an election and colleagues leave Select Committees, some to go into Government and some to defend a marginal seat a little more assiduously than they attend Select Committees. Some Select Committees are already experiencing that pressure. The question must be addressed now, and as the Executive control Parliament, they must address it, rather than letting it happen and then saying, “Look, these people can’t even fill the Select Committees.” It is the Government who cannot fill casual vacancies in Select Committees. Committee members are not elected. Those vacancies need to be filled—again, ironically—by the very people whom Select Committees hold to account.

I have two last items of unfinished business. One main item is pre-legislative scrutiny. We have invented pre-legislative scrutiny because legislative scrutiny is so pathetic. We have a new process, for which I was partly responsible, but it is a convention, so when very important matters come before the House, it is open to Government to ram them through. When the Government need to react to the media or tomorrow’s newspapers, they can introduce a Bill.

A classic recent example is the lobbying Bill, which will have no formal pre-legislative scrutiny. It will be rushed forward, even though my Select Committee considered the issue and produced a serious report more than a year ago. The Government have not replied to that report. They are pretty casual about replying—“There’s no real need; let’s just chill out and do it when we’re ready”—but given a couple of scandals, they react: “We’ve got to show we’re doing something.” Even though what they are doing has no relevance to the two cases that recently hit the headlines, they are ramming the Bill through quickly to get it into the sausage machine. Prostituting Parliament in that way will not make people respect the laws that are finally produced.

Pre-legislative scrutiny is important. It is not a nice add-on; it should be central business of this House, and in my opinion, it should be in our Parliament’s Standing Orders that as well as Second Reading, Report and consideration by the Lords, pre-legislative scrutiny should be mandatory unless the Speaker, in an emergency, says that it should not take place.

The final issue that needs to be tackled is Report. If there is a Member here who feels that Report is a good process and shows the House in a great light, I will gladly give way. It is shameful how Government and their administrators abuse the House of Commons by flooding the Order Paper with late amendments. Not content to do so on Report in the Commons, they then do the same in the House of Lords and when the Bill returns to the House of Commons. They are treating the House with absolute contempt. It is one of the hallmarks of our subservience to the Executive that we tolerate it and see it as a sensible way to do our business. It is not. It should be sorted out, and when it is, we may have a Parliament worthy of the name.

The Wright Committee did a great job. Tony Wright, the Chair, did an absolutely magnificent job of steering it. Its recommendations were not picked up by the then Labour Government—they were blocked—but we finally made some progress in the early days of the new Government. We must remember that next time: a solemn and binding promise agreed by not one but two parties—arguably, by three—has been broken.

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

indicated dissent.

[Mr Allen]

My colleague on the Front Bench shakes his head. Do I take it from that that the Labour party in Parliament did not agree with the creation of a House business committee?

[Thomas Docherty]

indicated assent.

[Mr Allen]

He affirms that that is the case, which I think is sad, and it proves how much work we all have to do if we get into government and do something with government other than just change the bums on the seats. There is an awful lot of work still to do, but the Wright Committee has made great progress.

As far as I am concerned, this debate should be a signal to those who believe that we should have a strong and independent Parliament that it is possible to win small victories, but we must ensure in the longer term that we continue to make our democracy into something with Parliament at the heart of it, where the parliamentary interest is separate, and hopefully separately elected, from the Government interest, which needs to be properly elected and legitimised. When that day comes, we will have two strong institutions working together. Our democracy will be stronger for it, and our nation will too.

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

I am grateful, Mr Crausby, to have the opportunity to serve under your chairmanship. As I said to you last night, I think that this is the first time that I have had such a pleasure. I congratulate my hon. Friend the Member for Nottingham North (Mr Allen) on securing the debate. The discussion has been quite lively and thought provoking. Unfortunately, I do not agree with all his analysis, not least the point about separation of powers. There is an excellent book called “Plain, Honest Men”, which I commend to him. It is about the constitutional convention in Philadelphia. It is a thought-provoking book that gives some idea as to why the United States has a separation of powers between the Executive and the legislature, but like many things from the United States, it is in itself a reason not to go down that route. Parliament would be weaker if we separated our Executive from our legislature in the way that I think my hon. Friend was alluding to.

[Mr Allen]

I shall send my hon. Friend my book, which is called “The Last Prime Minister: Being Honest About the UK Presidency”. If he reads mine, I shall read his.

[Thomas Docherty]

That is a splendid offer. I look forward to receiving the book.

There are seven or eight points that I would like to respond to in the limited time that I have. First, this might be heresy to some colleagues, but the Wright report is not a panacea. There is now this mythology that somehow it got everything right. I think that it is about time that a reality check was applied to that. This Parliament has made huge strides towards modernisation, but not just because of the Wright report. There are three other factors that have changed the dynamic of this Parliament compared with previous ones.

One factor is the 2010 intake of Members. I do not say that just because that was my intake; we have seen that it has been the most rebellious of intakes. In the excellent blog by the right hon. Member for Wokingham (Mr Redwood), he busts the myths about some of the rebellions that have taken place on the Government side and he points out that some of the most effective and important rebellions were led by Members who were part of the 2010 intake. I am referring to the entirely sensible pushing back against the Deputy Prime Minister’s nonsensical ideas for House of Lords reform, the EU budget vote that took place and what happened on the EU referendum. Those rebellions were all led by Members from the 2010 intake. They have been much more effective and much more willing to challenge their own Government than perhaps was the case in previous Parliaments.

The second factor is Mr Speaker. I am a huge fan of the current Speaker. He has changed how Parliament engages with the wider public and the use of urgent questions. I think that in the last Session, there were 130 days on which an urgent question was granted to hold the Executive to account. That should be commended.

Thirdly—this is not a good change—there is the Independent Parliamentary Standards Authority. IPSA has changed how Members of Parliament operate. It has driven Members away from taking part in Parliament. I think that, so far, Professor Wright has failed to change IPSA now that he is a board member and that he needs to be held to account for that failure to curb IPSA’s worst excesses.

On Select Committees, I agree that we have some very effective Select Committees, but—I say this very gently—there has been a contradiction today. My hon. Friend the Member for Nottingham North applauded the fact that the choice of Select Committee members has been taken out of the hands of the Whips, but later he bemoaned the fact that keeping hold of Select Committee members as we get closer to the general election becomes harder and harder. This is a valid point. One problem that we have is that because they were elected by colleagues from their own party, many Members went on to Select Committees on the basis of their name. They arrived in the House in the 2010 intake with a reputation from outside and were elected on to Select Committees, but they have not been very effective performers in many cases. We must recognise the drawbacks.

If I may criticise the Committee chaired by my hon. Friend the Member for Nottingham North—

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[Thomas Docherty]

I thank my hon. Friend for his comment. My point is that this is a balancing act. We should not consider that simply having had an election has made the system better, because, as my hon. Friend the Member for Nottingham North said, some Select Committees are struggling to get quoracy because Members were put on them at the start of the Parliament and have lost interest, been promoted or whatever else. There is also a broader point about whether Front Benchers should routinely be allowed to serve on Select Committees. I think that, in the previous Parliament, that happened. Many members of what was then the Conservative Opposition served on Select Committees. [Interruption.] I am sorry, but on the Education Committee, the Defence Committee and others, there were Front Benchers who served, and there is merit in that, because Select Committees have more opportunity to learn about the intricacies of a Department than Oppositions do.

[Mr Allen]

Will my hon. Friend give way?

[Thomas Docherty]

I will not, because I am conscious of the time and my hon. Friend was given half an hour at the start.

I also disagree about the Intelligence and Security Committee. That must be dealt with by the usual channels, because of the very sensitive work that that Committee, by its very nature, undertakes. The Defence Committee struggled earlier in this Parliament, because, as we all know, there was a problem with one of its members. Not just our Government but other Governments refused to share information with the Defence Committee, because they believed that one of its members was unsound. We need to be very careful about the Intelligence and Security Committee and where we get to with that.

A number of points were made about things such as private Members’ Bills and early-day motions. Let me gently point to the fact that the Procedure Committee has either published reports or is in the process of publishing reports on those two issues. I say to the House that it is worth waiting just a couple more weeks until we get those reports.

The issue of the petitioning system was raised. I welcome the fact that the Leader of the House wrote just last week to both the Backbench Business Committee and the Procedure Committee to invite them to look at the whole petition system—both electronic and written petitions. Again, I refer to the three previous reports from the Procedure Committee about e-petitions. I hope that when the motion comes forward in my name and that of the Chairman of the Procedure Committee, the hon. Member for Broxbourne (Mr Walker), all Members will put it through on the nod to allow e-petitions that reach the threshold to be the subject of a Westminster Hall debate on a Monday afternoon. That worked pretty well in the last Session, and I hope that it continues.

On the House business committee, let me clear up the matter once and for all. As the shadow Leader of the House, my hon. Friend the Member for Wallasey (Ms Eagle), said in front of the Political and Constitutional Reform Committee just a few weeks ago, the Opposition remain deeply sceptical about the House business committee. Even after three and a half years, the Government have yet to come up with proposals. We therefore welcome the fact that on 20 June the Leader of the House confirmed—and provided some certainty in the debate—that the Government do not propose to bring forward a House business committee. It could be argued that this is a bit like the proverbial tree falling over in a wood. The Leader of the House has, by my estimation, now said three times that the Government do not plan to bring forward a House business committee, yet we continue to have a discussion about when he is bringing one forward, so we welcome that certainty.

My right hon. Friend the Member for Oldham West and Royton (Mr Meacher) made quite a lengthy contribution about explanatory statements. Let me gently point him to order 47 in the “Future Business” section of the Order Paper, which is in my name and the names of the Deputy Leader of the House, the shadow Leader of the House, the Leader of the House and the Chairman of the Procedure Committee. It precisely says that there shall be explanatory statements on a permissive basis and that the House will provide such assistance as is required. I hope that he will add his name to it. [Interruption.] It has to be permissive—I hope that I can eat into the time of the Deputy Leader of the House by 30 seconds—because there will be times when it is common sense that an explanatory statement is not required. I do not think that it requires the time or effort to produce an explanatory statement if all we are doing is changing a date, for example from “2017” to 2014”—to take a private Member’s Bill that may be debated. Furthermore, we cannot bind the Speaker’s hand so that he will accept only amendments for which there are explanatory statements. I gently refer my right hon. Friend to the Procedure Committee’s fourth report of 2012-13, which sets out why that is the case.

I am conscious that I am eating into the time of the Deputy Leader of the House. I commend the debate and I hope I have provided some clarity.