Business of the House

James Heappey Excerpts

Thursday 2nd May 2019 Commons Chamber

[Andrea Leadsom]

The hon. Gentleman makes a good point, and I am happy to look into it. Perhaps I can meet him to discuss it further. I will bear in mind his point about 16 May, as I was disappointed that the debate on Islamophobia had to be pulled due to the number of statements on that day. It would be good to see that debate reinstated, as well as the other one he mentioned.

[James Heappey (Wells) (Con)]

I know that the Leader of the House will be seized with the importance of dealing with the climate emergency we face, and she will agree that this place must show leadership in achieving net zero emissions as soon as possible. Let me make three immediate suggestions. First, the Independent Parliamentary Standards Authority should allow carbon offsetting as part of travel expenses; secondly, those travelling on House of Commons business should be steered towards low-carbon transport options where available, or otherwise have their carbon offset by the House authorities as part of those travel arrangements; and thirdly, IPSA should make available a one-off fund for the installation of energy efficiency measures and other clean tech in our constituency offices, so that we can decarbonise our efforts beyond here.

[Andrea Leadsom]

My hon. Friend makes excellent recommendations, and since 2010 the Government have been delivering on our ambition to be the greenest Government ever. I look forward to introducing the first environment Bill in more than 20 years, and I will certainly take seriously his recommendations about what more Parliament can do. I myself always choose to travel by broomstick since I am so frequently accused of being a witch. I find it a very low-carbon, green form of travel and I commend it to all hon. Members. We can certainly consider what more can be done.

Points of Order

James Heappey Excerpts

Wednesday 16th January 2019 Commons Chamber

[Mr Speaker]

It is not for me to bring the Procedure Committee into play. However, I am in the hands of the House, and the House can take a view on these matters and may well choose to do so. More widely, I think it is fair to say that quite a number of Members of Parliament on both sides of the House—particularly some very senior and experienced Members—have relayed to me over the last several months their disappointment, concern and in some cases I would go so far as to say distress that what they previously regarded as givens seem no longer to apply. I simply make the point factually that a number of senior Members on the Government Benches have told me that, whatever they think of a particular vote—for example, a vote on an Opposition motion—it should be honoured, because they are putting their commitment to Parliament in front of their commitment to party. So I put that out there. These matters will be aired in this Chamber, and ultimately decided upon in this Chamber, if Members want that to happen. The idea that that can be blocked—I am not saying that that is what is intended—by Executive fiat, for example, is for the birds.

[James Heappey (Wells) (Con)]

On a point of order, Mr Speaker. It is entirely understandable that you do not want to answer hypotheticals, but for those of us who are trying to understand what might be afoot and to explain it to our constituents, could you confirm whether it is the custom or the rule that rulings on money resolutions are the sole domain of the Chairman of Ways and Means?

[Mr Speaker]

I have made the position clear on money resolutions in the past, and I am not going to entertain hypothetical questions. I have tried to be—[Interruption.] Order. I am not debating the issue with the hon. Gentleman. He has made a point of raising points of order on a number of occasions, and if he wants to have a discussion at some stage, he is perfectly welcome to come to see me, but I am not going to detain the House now with endless exchanges on this matter with people who really want to stage a form of Question Time—[Interruption.] No, I do not require any gesticulation from him; I am telling him that that is the situation.

BILLS PRESENTED

EUROPEAN UNION REFERENDUM (PREPARATION) BILL

Presentation and First Reading (Standing Order No. 57)

Mr Dominic Grieve, supported by Liz Saville Roberts, Joanna Cherry, Tom Brake, Heidi Allen, Stephen Doughty, Justine Greening, Mr Chris Leslie, Anna Soubry, Chuka Umunna, Caroline Lucas and Dr Phillip Lee, presented a Bill to enable preparations for a referendum about the United Kingdom’s future relationship with the European Union.

Bill read the First time; to be read a Second time on Monday 21 January, and to be printed (Bill 318).

EUROPEAN UNION REFERENDUM BILL

Presentation and First Reading (Standing Order No. 57)

Mr Dominic Grieve, supported by Liz Saville Roberts, Joanna Cherry, Tom Brake, Heidi Allen, Stephen Doughty, Justine Greening, Mr Chris Leslie, Anna Soubry, Chuka Umunna, Caroline Lucas and Dr Phillip Lee, presented a Bill to provide for a referendum about the United Kingdom’s future relationship with the European Union.

Bill read the First time; to be read a Second time on Monday 21 January, and to be printed (Bill 319).

Business of the House

James Heappey Excerpts

Thursday 20th December 2018 Commons Chamber

[Andrea Leadsom]

It might surprise the hon. Gentleman to learn that I cannot tell him exactly how many fridges—or indeed any other specific items he might like to raise—are involved. Had he given me prior notice of his question, I might have had a stab at it. The Government are ensuring that we are prepared for all eventualities, as any competent Government should do.

[James Heappey (Wells) (Con)]

Merry Christmas, Madam Deputy Speaker. Emergency debates, extended exchanges on points of order and overrunning Question Times have contributed to the public’s perception that we are all overly fixated on Brexit. The Leader of the House will be aware of Standing Order No. 21, which requires that questions are not taken any later than one hour after the beginning of the House’s proceedings. Will she arrange for a statement, and perhaps even a debate, on the importance of that Standing Order being enforced, so that we can maximise the time available for other business, rather than being fixed by questions on Brexit?

[Andrea Leadsom]

My hon. Friend makes an important point. We have had quite a number of challenges to business as a result of emergency debates being brought forward. This is certainly something that I always keep a close eye on, but I would encourage him to raise this matter in the first place with the Chair of the Procedure Committee, my hon. Friend the Member for Broxbourne (Mr Walker), to see whether it is something that his Committee would like to consider further.

Speaker’s Statement

James Heappey Excerpts

Wednesday 19th December 2018 Commons Chamber

[Paul Scully (Sutton and Cheam) (Con)]

rose—

[James Heappey (Wells) (Con)]

rose—

[Mr Speaker]

I will take two more points of order, and then I really do think that we should draw the matter to a close.

--- Later in debate ---

[James Heappey]

On a point of order, Mr Speaker. May I change the subject, and return to the issue raised by the right hon. Member for Exeter (Mr Bradshaw)?

There has been a series of Standing Order No. 24 debates recently. On Monday, more than 50 Opposition Members rose, and barely a dozen or so spoke. The previous week, the Opposition Benches were full at the point of application, and barely 20 Opposition Members spoke thereafter. In your reviewing of Hansard, Mr Speaker, have you noticed any inconsistency between the urgency shown in applying for Standing Order No. 24 debates and participation thereafter, and in your review of the content of the speeches in those debates, have you noticed any difference between that content and the content of our more routine discourse on Brexit?

Finally, Mr Speaker, as Opposition Members may shortly rise to support such a debate tomorrow, have you any expectation of how many of them will then attend to speak in it?

[Mr Speaker]

My answer to the last point is no, and my response to the hon. Gentleman—I thank him for his multi-faceted point of order—is as follows: there is absolutely no inconsistency whatsoever between Members rising to support the granting of a debate on the one hand and not choosing to participate in it on the other. There is no incongruity, there is no incompatibility, there is no inconsistency, there is no contradiction. I hope the hon. Gentleman, who is a most courteous and assiduous Member of this House, will accept that I am well familiar with the procedures of this House and I know of what I speak. The hon. Gentleman might think that that is odd or peculiar or that it offends his sensibilities in some way—and I am sorry if that is the case—but there is nothing wrong or procedurally improper about that at all. I am asked if I have an estimate of the number of Members: no, I am extraordinarily grateful to the hon. Gentleman for attributing to me powers that I do not possess, but I am not psychic.

Privilege (Withdrawal Agreement: Legal Advice)

James Heappey Excerpts

Tuesday 4th December 2018 Commons Chamber

[Nigel Dodds (Belfast North) (DUP)]

It is a pleasure to follow the hon. Member for Mid Bedfordshire (Ms Dorries). I do not agree with the main thrust of what she said, but she did make some useful and pertinent comments about what the Attorney General said yesterday in terms of the analysis of where we find ourselves. I agree with her and with other right hon. and hon. Members who have praised the Attorney General, his candour, his honour and what he brought to the House yesterday in terms of more truthfulness about what this deal actually means. By contrast to others who have been prepared to say things to the press and media, he came here, as a member of the Cabinet, and told us some of the unvarnished truth about this agreement. So I praise him for that and join the hon. Lady in what she has said, as I went through the adjectives that he used in his devastating commentary yesterday. He said that this deal was “a calculated risk”; that it was “unattractive”, “unsatisfactory” and “undesirable”; that it provided “no unilateral” exit clause for the UK; and that it was indefinite, with

“no unilateral right…to terminate”. —[Official Report, 3 December 2018; Vol. 650, c. 557.]

Yet he asked us to take it on trust that it would all never happen because, believe it or not, having spent 18 months negotiating all this, the EU and the Irish Government do not actually want to implement any of it.

The fact is that despite all the candour and all that was said yesterday, coming to this House to make an oral statement lasting two and a half hours and taking all the questions and providing the reasoned position paper does not actually fulfil the order given by the motion that was passed by this House, which was for the final and full advice provided by the Attorney General to the Cabinet to be published. The Government may not like the fact that that was passed by this House, but they cannot simply wish it otherwise.

During the debate on 13 November, they argued that they would do precisely what they have now done, and that was rejected by the House—the House passed a different motion. We do not particularly single out the Attorney General here, because, as he said in his statement yesterday, he wished that he was not in the position he was in. The Government as a whole are collectively responsible for deciding that they would simply ignore this binding, effective motion and revert to doing what they said they would do during the debate. Frankly, that cannot be allowed to stand. We have heard a lot of talk about precedent and about conventions of this House and respect for all that—surely, this is one area where the Government must respect the will of Parliament. They simply cannot set it aside.

The right hon. and learned Member for Rushcliffe (Mr Clarke), the Father of the House, in his intervention earlier, made an interesting and positive contribution about a way around this. Interestingly, the Government did not take that up. They did not take it up during this debate and they have not taken it up previously, so clearly it appears they are not interested—they certainly have not said anything publicly up to now—in taking that suggestion forward. What they have done is say, “No, no, it doesn’t matter what is said by this House. It doesn’t matter what other suggestions are out there. We are going to stick to the plan.” Obviously, the Government have a grid somewhere, where it is on the plan that they will publish this reasoned summary position paper and have a statement, and that is it. This House will have the final say, and I hope that it will reiterate what on 13 November it ordered to be done.

We are told that this situation is unprecedented. It was said in the other place yesterday that such advice can be published in exceptional circumstances. I have also heard the argument used that the advice is privileged, but of course in the lawyer-client relationship privilege belongs to the client, not to the lawyer—not to the person giving the advice. The lawyer has a duty to protect the client’s privilege, but the reality is that if the client waives that right, the lawyer—the provider of the advice—is quite at liberty to disclose it. So the argument about privilege is bogus.

The Attorney General said yesterday that he wished he could comply with the order of the House, but that it is not in the national interest or the public interest. I am afraid it is not the duty or job of any Minister to decide that. The House has decided what it wishes to do and it is not for a Minister unilaterally to override that with no good reason.

[James Heappey (Wells) (Con)]

The right hon. Gentleman is a patriot, and he therefore understands national security and the national interest. Does he agree that it is quite probable that in the legal advice that the Attorney General gave to the Government would have been an analysis of the strengths and weaknesses of the Irish Government’s position and that to publish that in full would hand to the Irish Government an advantage in any subsequent negotiation?

[Nigel Dodds]

I think the massive advantage to the Irish Government, other Governments and the European Commission in respect of future leverage over the negotiations is handed over in the withdrawal agreement. I do not accept what the hon. Gentleman says, because the Attorney General went on the record yesterday to say:

“There is nothing to see here.”—[Official Report, 3 December 2018; Vol. 650, c. 557.]

So there is obviously nothing of concern about national security in his advice. That is what he said himself.

The reality is that we had this debate on 13 November. The Government had the choice to vote against the motion and decided not to because they feared they would lose the vote. Their abstaining from a vote on an Humble Address cannot invalidate the motion, because that would set a very serious precedent.

Some of the legal advice that the Attorney General has given to the Cabinet—the advice it is crucial that we must have—has already been leaked by members of the Cabinet to the press and media. I think the Attorney General accepts that. The reality is that members of the Cabinet have already released to members of the press and media some of the advice given by the Attorney General in terms to the Cabinet. The Attorney General is somewhat estopped, if I may use a legal term, from saying that the rest of us are not entitled to have that advice. If some members of the media and press are entitled to have it, Members of this House are entitled to have it.

Proxy Voting

James Heappey Excerpts

Wednesday 18th July 2018 Commons Chamber

[Andrea Leadsom]

The hon. Lady is wrong on two counts. I said that the pairing system had worked well overall. As I have made clear, there have been more than 2,000 pairs in this Parliament and several have been broken because of errors. The vast majority were broken by Opposition Members, although I do not want to be at all partisan over this. It is a complex administrative system and errors have occurred. She makes a good point about the importance of bringing in new processes, but the Procedure Committee did not set out a prescription; it raised a number of issues that the House would need to decide on, such as, for example, what business should be proxy votable—all business, just Government business, business Monday to Thursday, closure motions of the House, private Members’ Bills on Fridays? These are the questions that the Procedure Committee rightly raised and the reasons why the House needs to debate this further.

[James Heappey (Wells) (Con)]

I echo the enthusiasm expressed by colleagues across the House for a look at our voting processes and how we might make them more family-friendly. In the meantime, does my right hon. Friend agree that the pairing system can be transparent? Those who are paired can say that they are paired and with whom they are paired, as, indeed, the hon. Member for East Dunbartonshire (Jo Swinson) did yesterday on social media.

[Andrea Leadsom]

My hon. Friend is right. Let me reiterate the undertaking by the Government Whips Office to provide even greater process, so that individuals who are paired will be specifically told the duration of the pair and with whom they are paired. I think that that will also reduce the number of errors. I can only say again that what has happened is extremely regrettable, and that the Whips are very apologetic about the error.

Business of the House

James Heappey Excerpts

Thursday 30th November 2017 Commons Chamber

[Andrea Leadsom]

The hon. Gentleman is absolutely right to raise this point. Bullying, and cyber-bullying in particular, are a real scourge of modern life, particularly for young people, and I certainly would welcome his seeking a Westminster Hall debate on the subject. He might be aware that a Digital, Culture, Media and Sport Select Committee inquiry will be looking into this issue. He might want to respond to that.

[James Heappey (Wells) (Con)]

A growing number of companies around the UK are seeing the value of installing energy efficiency measures and clean tech in their premises. On the refurbishment of this place, will the Leader of the House use her influence to ensure that we set the very highest standards for energy efficiency and the deployment of clean tech so that we can lead by example, reduce costs and showcase the very best of British clean technologies for export around the world?

[Andrea Leadsom]

I absolutely share my hon. Friend’s enthusiasm for clean technology and reducing our carbon footprint—I am sure that the hon. Member for Walsall South (Valerie Vaz) shares that enthusiasm—and can assure him that throughout the R and R process, as we seek to restore this beautiful palace, we will take advantage of the opportunities to reduce its carbon footprint.