Hybrid Substantive Proceedings

Jacob Rees-Mogg Excerpts

Wednesday 22nd April 2020 Commons Chamber

[The Leader of the House of Commons (Mr Jacob Rees-Mogg)]

I beg to move,

That the following orders be made and have effect until 12 May:

Hybrid proceedings

(1) The House shall sit at 2.30pm on Mondays and 11.30am on Tuesdays and Wednesdays and on each day the business of the House shall comprise only hybrid proceedings.

(2) Hybrid proceedings comprise:

(a) scrutiny proceedings; and

(b) substantive proceedings.

(3) Members may participate in hybrid proceedings virtually, by electronic means approved by the Speaker, or by attending in the Chamber. The Speaker may limit the number of Members present in the Chamber at any one time.

(4) For the purposes of hybrid proceedings, Members shall give notice by electronic means designated by the Speaker.

(5) At the conclusion of scrutiny and substantive proceedings, the Speaker shall adjourn the House without question put.

Substantive proceedings

(1) Substantive proceedings comprise:

(a) motions in the name of a minister of the crown;

(b) presentation of bills;

(c) subsequent proceedings on public bills introduced by a minister of the crown;

(d) private business;

(e) ministerial statements made with the permission of the Speaker;

(f) personal statements;

(g) motions in the name of the chair or another member of the Committee of Selection;

(h) business which would otherwise be taken

(i) immediately after prayers (except motions for unopposed returns); or (ii) at the commencement of public business.

(2) The question on any motion made by a minister of the crown to add one or more categories of business to the list in paragraph (1) shall be put forthwith.

(3) Except as provided in these orders, substantive hybrid proceedings shall be governed by the practice and standing orders of the House.

(4) If, on any day on which hybrid substantive proceedings are to be taken, a motion of which notice has been given relating to the allocation of time to, and the conduct of, business for that day, in the names of a minister of the crown, a Member representing the official opposition and a Member representing the second largest opposition party, is moved at the commencement of public business by a minister of the crown, the Speaker shall declare the question to be agreed to.

(5) A motion under paragraph (4) may include provision (a) to make designations under paragraph (1) of temporary standing order (remote voting) and (b) to amend the arrangements for remote voting under temporary standing order (Conduct of remote divisions).

(6) Rules relating to the giving and receiving of notices of motions and to the periods of notice required for different categories shall apply as if:

(a) Thursdays were a sitting day on which the House rose at 5pm;

(b) the House rose no earlier than 7.00 pm on Mondays and 6.00 pm on Tuesdays and Wednesdays.

(7) Save as provided in paragraph (6) notice periods in respect of all substantive proceedings shall be set by the Speaker.

Presentation of bills

(1) A public bill, of whose presentation notice has been given and whose title has been read by the Clerk, shall be deemed to have been read the first time and to have been ordered to have been read a second time on such day as the Member in whose name the notice stands shall have appointed and shall be ordered to be printed.

Supplementary provisions

(1) Standing Orders Nos 7, 8, 9, 23, paragraph (5) of Standing Order No 47 and Standing Orders Nos 83J to 83X shall not have effect.

(2) In any case where the Speaker has ordered the withdrawal of a Member, or of several Members, under Standing Order No 43 and is required to direct the Serjeant at Arms to give effect to the order, the Member or Members shall be suspended from the service of the House for the following sitting day.

(3) No motion to sit in private may be made during hybrid proceedings.

(4) The Speaker may make such alterations to the practices of the House regarding the conduct of debate as are appropriate to facilitate the effective conduct of hybrid proceedings.

(5) The Speaker may amend any provision of the temporary standing orders relating to hybrid proceedings, if he determines it is necessary to do so in order to ensure that the conduct of business is consistent with the Resolution of the House (Proceedings during the pandemic) of 21 April.

(6) Before exercising his power under paragraph (5), the Speaker shall satisfy himself that he has the agreement of the Leader of the House.

Consequential amendments

That the following amendments be made to the orders of 21 April (Hybrid scrutiny proceedings):

(1) In Order A (scrutiny proceedings), leave out paragraphs (1), (6) and (7);

(2) In Order C (supplementary provisions):

(a) In paragraph (3), leave out ‘Nos 7, 8 and’ and insert ‘No’;

(b) Leave out paragraphs (4), (5), (6) and (7).

The motion builds on the House’s decision yesterday to allow hybrid proceedings for oral questions, statements and urgent questions. Should the House agree to the motion today, we will from next week also be able to debate substantive proceedings remotely. As I announced in my business statement yesterday, the House will have the opportunity to debate the Second Readings of the Finance Bill on Monday, the Domestic Abuse Bill on Tuesday and the Fire Safety Bill on Wednesday next week. By agreeing this motion, it will be possible for Members not present in the Chamber to contribute to the proceedings on those important Bills.

I accept that we have had to move quickly to bring forward these motions. The Commission agreed last week that the new hybrid proceedings approach, as delivered for the first time today for questions and statements, ought to be extended to debates on motions and legislation as soon as possible. The Procedure Committee also recommended rapid extension.

Rapid change inevitably comes with risk, but these are exceptional times, as we all recognise. I entirely concur with the concerns expressed by the Chairman of the Procedure Committee yesterday about making such changes so quickly. I reiterate that these must be temporary changes that will allow the House to carry out its important legislative functions while we comply with the current UK medical advice.

Mr Speaker, may I reiterate the thanks we have given to you and the House Service for ensuring that this morning’s proceedings managed to pass off so remarkably smoothly? It gives us confidence that we are able to build on this next week and to ensure that these changes work.

I turn to the motion and will explain the approach taken. I encourage Members to make reference to the explanatory note that has been published alongside the motion. Section E extends the provision for remote participation by defining hybrid proceedings as comprising both scrutiny proceedings—oral questions, statements and urgent questions—and substantive proceedings. Section F then lists the categories of business that are included in substantive hybrid business, which will include Government legislation.

Paragraphs (4) and (5) of section F set out a mechanism for organising substantive business. For each sitting day, a business motion will set out the proposed arrangements for business, including the timing of debates and any necessary voting arrangements. If that motion is signed by the Government, the Opposition and the third largest party, it will be declared to be agreed to and will govern that day’s business. That approach arises from the clear need communicated to us by the House authorities that, in order to facilitate remote proceedings, they need as much advance notice as possible about the arrangements for business. The Government are committed to working with both the House authorities and the other political parties to ensure that the arrangements made are workable from a technical perspective and meet the needs of Members across the House.

With time in the hybrid Chamber likely to be limited by technical capacity, the House may expect to rise each day earlier than we are used to. Paragraphs (6) and (7) of section F make consequential provisions for notices of motions to be given later in the day, if necessary. Section G allows Bills to be presented, read the First time, printed and set down for Second Reading without the formal physical proceedings in the Chamber, which are currently not compliant with social distancing requirements—although I note that we did remarkably well with the ten-minute rule Bill a few moments ago. It is modelled on the procedure for Bills brought through from the House of Lords, and it will apply to both Government Bills and private Members’ Bills.

Finally, sections H and I replicate or substitute many of the supplementary provisions to which the House agreed yesterday for the hybrid scrutiny arrangements. As this motion extends the new way of working to legislation, further provision is made here to suspend the English votes for English laws Standing Orders and to ensure that you, Mr Speaker, have the power to alter the practices of the House regarding the conduct of debate. That is essential if we are to facilitate the effective conduct of hybrid proceedings and do everything we can to make a success of the new arrangements.

I understand that some Members have concerns about the changes that we are making this week. That is why it is so important that we accept that they must be temporary and keep them under review. The Procedure Committee has an essential role in this, and I certainly intend to do the same, in order that we can be sure that these procedures are working for the House.

--- Later in debate ---

[Mr Rees-Mogg]

A number of important points have been made. In response to my right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), Backbench Business and Opposition days are obviously important, and the motion does provide for those to be added. That will really depend on the technological capacity as to whether it is possible to extend the time available. That also applies to Adjournment debates. The team working on the technology is a very small team and what they have done is absolutely fantastic. We have to support them and be grateful for the work they have done to expand it as far as they have.

On the lockdown requirements and a debate on them, there are a couple of affirmative statutory instruments which will at some point have to come to the House for approval. I will take away the point that a general debate would be welcome. As my right hon. Friend correctly pointed out, this is not business questions so at least I do not have to give a formal answer on that, but I did hear my right hon. Friend’s point.

The hon. Member for Strangford (Jim Shannon) says he will be adaptable, and I am very impressed by that. I hope that he manages to adapt so that his presence virtually is as frequent as it is physically, because I think the whole House would miss him were it otherwise. He asked for technical assistance and whether that can be provided to Members. That is a matter for the House authorities rather than the Government, but the Government are working with the House authorities to provide technical assistance. He is right to say that this is temporary, and I cannot reiterate that strongly enough, but he also asked what other ways there are of holding the Government to account. It may be worth noting the really terrific work being done by my right hon. Friend the Paymaster General, who has been holding daily calls with Members of Parliament where any issues can be raised, and then has been acting as a filter, in the absence of Parliament, to get answers from Ministers. Her action has been enormously well received, and I think it is a positive alternative form of scrutiny.

Question put and agreed to.