House of Commons Business Debate

Full Debate: Read Full Debate
Department: Leader of the House

House of Commons Business

Mark Harper Excerpts
Thursday 8th May 2014

(10 years ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Lansley Portrait Mr Lansley
- Hansard - - - Excerpts

We move on to happier subjects. I will speak first to the motion on e-petitions. I will also address the other motions in my name, on parliamentary privilege and on Standing Order No. 33, and I will seek to move them formally at the end of the debate. I will also address the motion relating to programming, which was tabled by my hon. Friend the Member for Broxbourne (Mr Walker) and is supported by the Government.

Hon. Members may recall that, following the work of both the Procedure Committee and the Select Committee on Political and Constitutional Reform, I have previously undertaken to bring forward proposals for an improved e-petitions system. I want to build on the successful features of the current system, which has seen more than 10 million individuals sign one or more of the 27,500 e-petitions that have been submitted, 145 of which have reached 10,000 signatures, leading to a formal response from the Government. Of those, 29 petitions have reached 100,000 signatures and become eligible to be considered for debate, 25 of which have been debated.

The system provides a straightforward means by which people can submit a petition to raise an issue and press for action. As we have seen in debates such as those on Hillsborough, the badger cull, Sophie’s choice and the ban on female genital mutilation, petitions can be and are debated in Parliament. However, the system by which they are submitted is not approved or in any way owned by Parliament, and that is what I want to change. I want Parliament to share in the ownership of a modern e-petitions system that allows people to petition their Parliament, engage their elected representatives and, where appropriate, get a response from their Government.

I have already held constructive discussions with a number of interested parties throughout the House on the principles of a new system, but a lot of stakeholders are involved and there is a lot of detail to be worked out. I am therefore not initially coming to the House with a fully worked up blueprint for approval. I want to work with others on some ideas that will produce the best result for petitioners, who are our constituents. This is a therefore a paving motion, which will allow the House to agree on the principle that a new system should be jointly owned and run by the Government and the House of Commons.

To develop the detail of the new system with the House, the Government need a partner with which to work. We therefore propose that the Procedure Committee acts on behalf of the House in helping to shape the proposals. There will, no doubt, be other interested parties in the House and outside who will want to contribute, and that is entirely welcome.

I wish to refer briefly to amendment (a) to the e-petitions motion, tabled by the Chair of the Political and Constitutional Reform Committee, the hon. Member for Nottingham North (Mr Allen). I confess that I am disappointed that he has felt the need to table an amendment that is largely about the detail of the new system, not least because those are exactly the sorts of discussions that I hope we can have as we develop it. I do not disagree with all the elements that he suggests, but I am confused by an amendment that rejects the notion of a collaborative system yet goes on to envisage the sharing of the existing Government platform. The amendment is internally inconsistent and, I would argue, flawed in principle as a consequence. I cannot, in any case, imagine what the public would make of our establishing two competing and overlapping e-petition systems, which would be the effect of the amendment.

The hon. Gentleman is usually, and quite volubly, in the business of calling for the Executive to work in partnership with Parliament on legislation, on constitutional principles and on much else beyond. That is exactly what I am offering on e-petitions. It would be uncharacteristic of him to turn down such an offer, so I hope that he might not move his amendment.

I hope that a new system can provide better service and support for petitioners. It would provide more flexibility for the House to consider e-petitions in a variety of ways and an enhanced capacity for the House to ensure that the Government respond to those petitions in a significant and adequate manner.

The use of the platform already developed by the Government Digital Service will minimise the costs of the new system. Any additional staff costs will depend largely on the level and nature of the support provided to petitioners, and it may be that it can best be provided by the House’s outreach and information service. You will recall, Mr Speaker, that in the medium-term financial plan the House of Commons Commission has envisaged the provision of some modest support of that kind for a new e-petitions service.

I do not seek to hide the scale of the system. Just under 10,000 petitions are submitted each year—the number settled down after an initial burst in 2011 to about 20 per day, which is a lot of petitions. The moderating, monitoring and sifting of those petitions is a considerable task, but the rules relating to them can make it a manageable, and I think a fair one. Whether we have a petitions committee to govern that process is a matter for discussion. I confess that I am in favour of some form of petitions committee to act on behalf of the House, to develop engagement with the public on petitions, and in the longer term to liaise with Government on e-petitions and the system. For the avoidance of doubt, this motion and any proposals we have do not impinge at all on the existing paper petitions system. That is a matter for the House, and in particular the Procedure Committee.

The existing Government system will be taken down when Parliament is dissolved at the end of March next year. To ensure that a new system, based on the principles that I hope we can endorse today, is up and running from the start of the new Parliament, we must have reached agreement on the details of that new system by the end of this year, when I hope the House will be able to debate and decide on our joint proposals. With that in mind, I ask the House to approve the motion to allow the work we have started to continue, in close consultation with the Procedure Committee, as proposed.

The Government are happy to support the proposal from the Procedure Committee in the motion on programming, which I hope will benefit the whole House. As hon. Members know, the Government have already addressed concerns expressed about Report stage by providing more time where necessary, with the result that fewer groups of amendments are now left undebated than in the last Parliament. In this Session alone, no fewer than 11 Bills have benefited from more than one day on Report. I remind the House that there were only 10 such Bills in the whole of the previous Parliament.

By extending the deadline for the submission of amendments on Report from two to three days, the Government will be able to take full account of the number of amendments selected and grouped before tabling the supplementary programme motion. That will allow us better to match the available time to the weight and nature of amendments tabled. The deadline will rightly still be subject to the discretion of Mr Speaker. I emphasise that the Government will continue to seek to table amendments one week in advance of Report.

Mark Harper Portrait Mr Mark Harper (Forest of Dean) (Con)
- Hansard - -

On the supplementary programme motions, I have had to wrestle with getting the amount of time for each group of amendments correct when drafting programme motions. Does my right hon. Friend propose that in each case the Government will use knives to allocate time for each group of amendments, or will they try to balance that—perhaps in conversation with the House—with what they think is the demand? In some cases, it may be better just to let the debate fall in the usual way. I am not sure from the motion what is being proposed.

Lord Lansley Portrait Mr Lansley
- Hansard - - - Excerpts

As my hon. Friend will recall from his experience of these matters, we sometimes believe it necessary to introduce what are known colloquially as “knives” into the programme motion to specify when discussion on certain groups of new clauses or amendments is to be concluded. However, we discuss that with the usual channels, and we try to ensure that the House gets the opportunity to debate all significant groups of amendments. The process of deciding whether we should do that or—as we sometimes rightly allow—whether to allow the debate on the amendments to proceed naturally, as it were, is not changed by the motion.

In effect, the motion creates during its trial period an agreement across the House that amendments on Report should be tabled three rather than two days earlier. The benefit of that is that we are more likely to get the programme motion right and not find, as has happened in the past as my hon. Friend will recall, that Opposition or Back-Bench amendments are tabled on Report at quite a late stage and at a time when it is very difficult—not to put too fine a point on it—to incorporate them successfully into a programme motion that understands where the weight of the debate will be. That is what this motion is principally about. A trial period in the next Session would enable us to see whether the proposal turns out to benefit Back Benchers and whether there are any unforeseen disadvantages. I am pleased that the Procedure Committee has secured the support of the Her Majesty’s loyal Opposition for the trial period, and has committed to reviewing its operation towards the end of the next Session. If judged successful, the Government will support a permanent change.

Let me clarify that we start from a shared understanding that we use the term parliamentary privilege to describe a fundamental constitutional principle that guarantees freedom of speech in Parliament and allows us in this House to work on behalf of our constituents without the threat of interference from the courts. The motion on parliamentary privilege arises from the work of the Joint Committee on Parliamentary Privilege, which was established to consider the Government’s White Paper on that subject published in 2012. I place on record my thanks for the diligent work of the Committee on that complex issue, and I stress that, as set out in the Government’s formal response, we agree with the Committee in its central conclusion that there is no strong case for comprehensive codification. None the less, there are steps that the House can take—I stress that the operation of parliamentary privilege is a matter for the House rather than Government—to provide greater clarity.

Lord Lansley Portrait Mr Lansley
- Hansard - - - Excerpts

I am hoping to make absolutely clear that this motion is in no sense about the law not applying equally to us as it would to any other member of the public. It is about what happens in this House and its proceedings, which require to be protected. Parliamentary privilege may have originated centuries ago, but it must always remain true. It may take a different character in terms of judicial activism, rather than Executive action, but none the less on behalf of our constituents we require what we do here to be done without fear or favour, and without risk of impeachment or prejudice from external parties. As my hon. Friend says, it is important for that privilege to be maintained for the benefit of our constituents.

The motion before the House is a means by which I hope we can provide the clarity necessary for the effective operation of parliamentary privilege. An equivalent motion was agreed by the House of Lords on 20 March this year, after a full debate. In essence, it calls for clarity in the application of any particular legislation to Parliament. The need for further clarification on that point arises because there is some legal uncertainty as to the consequences of a decision of the courts in the Graham-Campbell case of 1935, which held that the protection afforded to this House by the doctrine of parliamentary privilege was wide. The scope of parliamentary privilege has been revisited by the courts and commentators in more recent times—notably by the Supreme Court in the 2010 Chaytor case. However, the Graham-Campbell case has not been expressly overruled, which has sometimes led to uncertainty over what needs to be said in an Act intended to apply to Parliament. The boundaries of parliamentary privilege will in practice be determined by the courts on a case-by-case basis, so it is helpful to them if legislation makes clear Parliament’s intent when legislating in areas that might encroach on those boundaries. That is why this motion provides for explicit provision on that point in cases of doubt.

In practice, that will require discussions between parliamentary counsel and the authorities of the two Houses on whether relevant provisions in Bills should apply to the activities of the two Houses, and for there to be express provision in the Bill where necessary. That is a sensible and pragmatic move towards providing greater clarity on a relatively obscure but important issue. As a matter of principle, I am sure we all agree that the law of the land should apply equally to Parliament, subject where appropriate to the protections of parliamentary privilege. I hope the House will agree to the motion so as to provide for that consistency across the two Houses.

Mark Harper Portrait Mr Harper
- Hansard - -

Of the two recommendations in the report by the Joint Committee on Parliamentary Privilege, the second was for the Government to take steps to ensure that Departments complied with the official guidance, issued by the Treasury Solicitor, to consult with the House authorities on legislation. Will my right hon. Friend confirm that the Government will do that in every case? The report said that it happened in some cases, but not in every case.

Lord Lansley Portrait Mr Lansley
- Hansard - - - Excerpts

Yes, my hon. Friend is right. It was not an invariable practice. A moment ago I spoke about the necessity for discussions between parliamentary counsel and the authorities of the two Houses, and I hope that those discussions will enable us to meet the recommendations of the Joint Committee. That is important.

What has, in part, led to the necessity of the motion is that different Bills have taken different approaches, sometimes seeing it as necessary to disapply parliamentary privilege and in other cases seeking to make it clear in legislation that parliamentary privilege applies. Our general proposition is that it is not required to say that parliamentary privilege applies—it does apply. However, we need to make it clear where the provisions of a Bill intend to have an effect on Parliament. In particular, we need to identify and specify where they may encroach on the boundaries of parliamentary privilege, so that the courts have an unambiguous legislative provision that sets out to what extent Parliament has determined that the law, in that respect, applies to it.

--- Later in debate ---
Charles Walker Portrait Mr Charles Walker (Broxbourne) (Con)
- Hansard - - - Excerpts

First, I want to thank the Leader of the House for being so expansive in his arguments and when explaining the reasons behind many of the Government’s positions. I will focus first on some of the Procedure Committee recommendations, and come on to the issues relating to e-petitions at the end of my short speech.

I think that the decision on Standing Order No. 33, which allows amendments to be called at the end of the Queen’s Speech, was made after consultation between the Leader of the House and interested parties. I think it reflects a certain maturity in his office, a willingness to listen to diverse views and, in the end, an ability to make the right decision. The Leader of the House knows that no decision will be met uniformly with acclaim. That is just not possible, but I think that what we have before us today is about the best result we could have hoped for. It reflects the original position put forward by the Procedure Committee after consultation with various interested parties, including the Speaker’s office, the Leader of the House’s office and the shadow Leader of the House. So the decision on Standing Order No. 33 is a step in the right direction and I welcome it.

The Procedure Committee has also made some recommendations around programming. I could spend the next 10 minutes focusing on those aspects of our report that the Government rejected and do not feel comfortable about, but that would be extremely churlish. Today, as we head towards the Prorogation of this Parliament, we should focus on the positives that have come out of our reports, not the negatives. I regard this as a journey and all journeys start with a step, and then baby steps along the way until eventually we reach our point of arrival. I might not be alive to see that point of arrival, but it is just possible that my grandchildren or great-grandchildren will be able to celebrate that.

Our changes to programming come under the heading “Boring but important.” Anybody who reads The Week magazine, which makes us all instant experts—give it 10 minutes of our time and we become a world expert on what is going on in Ukraine, South Africa or Brazil—will know it has a section headed “Boring but important”, and I think that that applies to our changes to programming. They might be boring but they are very, very important.

Mark Harper Portrait Mr Harper
- Hansard - -

And very exciting.

--- Later in debate ---
Graham Allen Portrait Mr Graham Allen (Nottingham North) (Lab)
- Hansard - - - Excerpts

Let me start by touching on a couple of democratic principles that underlie some of the issues before us. The first is about whether we are a representative democracy or whether, because we are held so much in contempt by the public, we want to become a direct democracy. That is why e-petitions could either be advantageous to us or play into the hands of those who want to see a Parliament even more diminished, especially those in newsrooms and media offices up and down the land who have the ability to get up 100,000 signatures and put pressure on Government and Parliament. Under motion 3 as it stands, that pressure could be transferred from Government to Parliament. Parliament is a handy whipping boy for so many of these issues, including expenses. Governments of all parties have shown a great facility in ditching Parliament—leaving Parliament holding the baby for issues that have been the responsibility of Government.

One issue is about explaining what we are. Earlier, we had a mini debate about privilege. It was all about these poor people out there who do not really understand these arcane bits of judicial archaeology, and the fact that there is something wrong with the public. One Member said that we need to lead them and be stronger in explaining these things, but we have tried that for many decades. We have all discovered that even when we try to explain the concept of reimbursements using the word “expenses”, it does not always work. Explaining how Parliament and Government are different from each other is one of our main duties, because people lump us together. Indeed, this business in front of us today is an example of the Government trying to get that conflation of two institutions. Even though we will not change minds today on the Government Front Bench, it is important that we keep those Front-Bench Members honest and point out that we know what they are trying to do, even if there is not much we can do about it other than heckle the steamroller.

That choice over whether we go to a serious representative democracy and continue to try to rebuild Parliament or whether we abstain from that and hand over to a plebiscitary democracy is one that all Members need to consider.

Mark Harper Portrait Mr Harper
- Hansard - -

I think the hon. Gentleman is being a little cynical about those on the Front Bench. The problem with what he is trying to do, which is to have two petition systems—one to Government and one to Parliament—ignores the fact that Government are accountable to Parliament. They are only the Government because they have a majority in Parliament. Having two separate systems would be worse than having this House and the Government working together collaboratively. With respect, what he is suggesting is not helpful; it is the opposite.

Graham Allen Portrait Mr Allen
- Hansard - - - Excerpts

Obviously, I do not spend all my time in the Chamber, but during the 26 years that I have been here, I have missed that occasion when Government were accountable to Parliament. What we have here is the mythology of parliamentary sovereignty—the hon. Gentleman knows that and we have discussed it in front of my Committee—in which Government can use and abuse Parliament on a daily basis. They can set the agenda of Parliament on a daily basis. It is a little disingenuous to pretend that it is Parliament holding Government to account. If we conflate two systems, we will make things harder. Rather than Parliament being able to say, “The Government have not responded to a legitimate petition”, we will have to share the blame for the problem. If we do not have a petitioning system of our own, we will not have direct redress, through which we can say to the Government, “We have discussed this, as many people have requested of us, and we have a view. What are you now going to do?” Parliament legislates and, in theory, holds Government to account, but it is the institution of Government who execute and put Acts into the parliamentary sausage machine. Putting the two together continues the deception that Parliament can effectively hold the Government to account. What we need to do is build our accountability function, not give it away to Government.

Mark Harper Portrait Mr Harper
- Hansard - -

The problem is that, if we have a petitioning system directly to Government, we then suggest to Government that they respond directly to the people who have petitioned them, completely bypassing this House. I would prefer Government to interact with the public through Parliament, keeping Members of Parliament in that conversation rather than excluding them.

Graham Allen Portrait Mr Allen
- Hansard - - - Excerpts

We have an e-petitioning system at the moment which is to the Government and to which the Government have to respond. What we are discussing is giving Parliament its own e-petitioning capability, so that it can engage as a partner in a debate with Government. That has to be healthier than one organisation or the other imposing its will, as happens continually in our proceedings, with Government dominating Parliament. This is a minor demonstration of the mythology and fallacy of parliamentary sovereignty, and therefore it is useful to bring it to the attention of the House.

--- Later in debate ---
Mark Harper Portrait Mr Mark Harper (Forest of Dean) (Con)
- Hansard - -

We have had a good debate. I shall say some brief words on the motions about petitions and parliamentary privilege and devote most of my remarks to the motion on programming.

The motion on petitions is sensible. I view the word “collaborative” in the phrase “a collaborative e-petitions system” rather more favourably than the hon. Member for Nottingham North (Mr Allen), as meaning the House and the Government working together. The House is not a sub-office of the Government. I prefer to think of it the other way around, with the Government being a sub-office of the House. The hon. Gentleman and I have had many discussions about this. I know that the theory of Ministers being accountable to Parliament sometimes does not work as well as it ought to, but rather than throwing it away and adopting a different model, we should all work hard to make sure that it does work properly.

The multifaceted role of the Leader of the House as both the member of the Government responsible for the Government’s legislative programme and also—I know he takes this responsibility seriously as the Leader of the whole House—the person who has to ensure that the House functions properly is reflected in the motions tabled by him.

The hon. Member for Nottingham North talked about the technology of the platform. The Leader of the House mentioned the Government Digital Service. When I was doing my job as Minister for Political and Constitutional Reform, I worked with it on some of the individual electoral registration technology. This is one of the rare occasions when the words “Government digital service” and “Government IT” refer to positive things. It works in a modern way, producing material iteratively and on quite tight timetables. The Leader of the House is right: if we can give it a clear direction by the end of this year, we can realistically expect a good process to be up and running at the start of the next Parliament.

Giving the Procedure Committee the responsibility to lead on doing that is sensible. It will enable Members on both sides of the House, including the hon. Gentleman, to make representations to the Committee over and above what we have said today, and the Committee, as can be seen from its reports on other matters, can be trusted to reflect and balance the views across the House and come up with a sensible set of proposals. I agree with some parts of his amendment, but not all. I hope he reflects on it, does not press it to a vote, takes the content of it as an input and gives evidence, if necessary orally, to the Committee.

Finally, let me expand a little on what I said about the difference between the Government and Parliament. I do not want two different systems to operate because I do not want the public to make representations to the Government separately from representations made through this House. I want to make sure that Ministers remain accountable to the House. When the petitions that the Leader of the House mentioned were debated in the time provided by the Backbench Business Committee, part of the point of the debate was not only that Back-Bench Members could debate it, but that a Minister had to come to the Dispatch Box, answer questions and account for the Government’s policy. That is why it is important that any petitioning system keeps the House at its centre, rather than having two separate systems. There would be nothing more confusing for the public than an e-petitions system to the Government and a separate one to the House of Commons, and the two not being connected in any way. A collaborative approach—yes, with education and a clear set of messages to the public about what the system is for, how it works and what expectations someone might have after going through the process—is very important and is more likely to improve the reputation of the House.

I take a more optimistic view on the motion on privilege than my hon. Friend the Member for South Swindon (Mr Buckland) set out. Privilege is well understood by many people in various professions. We should explain what it means, rather than think about an alternative label for it. The problem is that the misunderstanding is often created deliberately by some of the hon. Gentleman’s favourite people, by the sound of it—those in newsrooms—who deliberately try to create confusion about what privilege means. We must explain what it means and we have people in the outside world who are familiar with the concept as well. It is our job to explain, as Members have ably done today, the purpose of privilege, which is to enable us to speak on behalf of our constituents without worrying about powerful interests.

The only question that I had on the privilege motion has been answered by the Leader of the House. It was about making sure that we follow through recommendation 227 on Treasury Counsel working with the House. He made it clear that the Government would do that.

I welcome the report on programming, which I read very carefully, and the Government’s response to it. The Leader of the House is right. This Government have worked hard to try to improve how the Report stage works. He referred to a significant number of Bills having two days on Report. I should say in passing that the Government have also done a good job of increasing the number of draft Bills brought before the House for pre-legislative scrutiny. The Committee chaired by my hon. Friend the Member for Broxbourne (Mr Walker) has done an excellent job. In response to one of the measures debated in the earlier Standards motion on recall, his Committee scrutinised the draft Bill that I introduced and made some sensible recommendations, which may or may not be debated in the future.

The Government have done a good job of dealing with the House. Listening to the comments of the shadow Leader of the House about scrutiny and the time allowed for the Report stage of Bills, it was difficult to believe that she had something to do with the previous Government. I do not pretend that the current Government are a paragon of virtue and get absolutely everything right, but I remember frequent occasions when there was a single day for Report, there were a large number of amendments and we barely got through any of the groups. She did not acknowledge that anywhere in her remarks.

Angela Eagle Portrait Ms Angela Eagle
- Hansard - - - Excerpts

Will the hon. Gentleman give way?

Mark Harper Portrait Mr Harper
- Hansard - -

Let me say one more thing, which might affect what the hon. Lady says. The sensible remarks she made about the difficult balance that has to be struck between allowing the Government to get their business and allowing scrutiny was a positive point and her tone was welcome.

Angela Eagle Portrait Ms Eagle
- Hansard - - - Excerpts

I thank the hon. Gentleman for his final remark. What I was trying to say was that there is an issue with timetabling in general. I have been in the House at the time when we had no timetabling, apart from guillotining on specific Bills. That is certainly one way of working, but it leads to 80-hour working weeks. I have experienced them; I do not know whether he would like us to go back to that. Given that we have a timetabling structure now, we have to make certain that we can get away from some of the game-playing with timetabling that leaves large swathes of legislation not discussed in the Commons. As the Minister who took through two extremely important constitutional Bills at a rapid rate, perhaps he should get his own House in order.

Mark Harper Portrait Mr Harper
- Hansard - -

I am glad the hon. Lady raised that. I was going to come on to those. I accept that the Parliamentary Voting System and Constituencies Act 2011 was taken through at something of a pace because of delivering the referendum. There is sometimes a slight cynicism in the House, with the suggestion that all Ministers do not like having things debated. When that Bill was going through, I took great pains to make sure that all the important issues were debated in the House, and they all were, even though in the debate on thresholds I had to indulge in the device of moving a Back-Bench amendment from the Government Front Bench—following the model of the right hon. Member for Blackburn (Mr Straw)—in order to ask Members to vote against it, to ensure that this House was able to take a decision and not leave it to the other place.

Another Bill that I had some responsibility for was the Fixed-term Parliaments Bill, for which we did not have that imperative. In fact, we ran out of Bill before we ran out of time, and we debated all of it fully. My hon. Friend the Member for Somerton and Frome (Mr Heath), who ably assisted me in taking that legislation through, and I took great pains to ensure that the House had ample time to debate all of it. I will say a little more in a minute about how I think the Government should do the timetabling.

I also welcome the Government’s suggestion of a three-day deadline for tabling amendments, which supports what the Procedure Committee has said. I welcome the Opposition’s support for that. It will of course be challenging for Opposition Front Benchers and for Back Benchers, but I think that without it we cannot ensure that time is used more sensibly.

Another point that I want to put on the record—I got the answer I wanted, and expected, from the Leader of the House when I asked how the Government and the usual channels would approach programming—is that I think Back Benchers can help in this regard by indicating where the focus of debate is likely to be. With the best will in the world, timetabling is an art, not a science. Having amendments tabled earlier in the process would enable their full scope to be seen by the Government and the usual channels before the supplementary programme motion is devised, so the amendments could indicate what the issues of controversy are and on which provisions debate is likely to concentrate. Even so, it is still an art, not a science. I think that it will take good will on both sides of the House to ensure that the right decisions are made on whether to allow a debate to flow or to put knives in place and manage it more tightly.

I also think that it might be worth engaging the Chair in this process, Madam Deputy Speaker. I know that there are rules about avoiding repetition and so forth, but clearly the Chair must be mindful of the need to allow a proper debate by making the proper judgments when Members step over those lines and engage in game-playing. If the House is to debate things properly and table amendments earlier, and the usual channels are going to try to ensure that that happens, it will be interesting to see whether the Chair experiments with the severity with which it imposes the rules of the House, and the extent to which Members find that agreeable, to ensure that we balance properly progress—

Eleanor Laing Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
- Hansard - - - Excerpts

Order. I hear what the hon. Gentleman is saying, and this seems to me to be an opportune moment to make it clear to the House that, although he is perfectly in order and has not taken a unreasonable amount of time this afternoon, it would nevertheless be helpful if Members speaking from the Bank Benches could limit their remarks to between 10 and 15 minutes, and possibly 12 minutes. That way, everyone who wishes to speak will have an opportunity to do so.

Mark Harper Portrait Mr Harper
- Hansard - -

I am grateful, Madam Deputy Speaker. When putting on the record things that the Chair might wish to consider, there is always a risk of provoking the Chair, as I have just done. I can hardly complain, having invited you to do that.

There is sometimes game-playing on the Back Benches, on both sides of the House, to try either to get something debated or to ensure that it is not debated. The Chair has quite a lot of scope, both in the selection of amendments and in enforcing the rules of debate, for ensuring that we make progress.

My final point, and an important one—I agree with the shadow Leader of the House on this—is that this House, the elected House of Commons, should have the opportunity to debate and vote on all the important issues when legislation starts its journey through the House. Sometimes it is unavoidable that important matters have to be added to Bills in the other place, and often that is in response to issues raised in this House. Indeed, if issues are raised in this House and Ministers say that they will take them away and consider them, clearly it would be absurd for the Bill not to be amended in the other place.

However, I think that it is important that this House does its job properly to avoid the other place using the refrain, as it frequently does—it is sometimes justified, but often not—that we do not do our job properly and that we always rely on it to do so. This House can and does do its job properly, and it does it increasingly well, for example because of the extra time that the Leader of the House often makes available for us on Report. I want to ensure that we step up to the plate and do not give the other place the opportunity to pretend that it has to do our job for us.

I support the motions and hope that the hon. Member for Nottingham North will take his concerns up with the Procedure Committee, rather than pressing his amendment.

--- Later in debate ---
Helen Goodman Portrait Helen Goodman
- Hansard - - - Excerpts

I am glad that the Chair of the Procedure Committee, who chairs it most ably, is showing once again his political nous in his attempts to corral us. I hope he is right and that, after this experiment, the Procedure Committee will be able to return to the matter and see whether it has achieved its purpose. If not, I hope not only that the experiment will result in a permanent change to Standing Orders, but that all of the third report’s proposals will be fully implemented.

Mark Harper Portrait Mr Harper
- Hansard - -

My intervention is likely to be more prosaic and not as poetic as that of my hon. Friend the Chair of the Procedure Committee. Having read the Government’s response to the Committee’s recommendations, I am not as depressed as the hon. Lady, because all it said was that they did not agree with the suggestion for a proportionate and rigid allocation of time. They said they wanted to be able to exercise judgment on how to allocate the time and that a proportionate model would be complex and unwieldy. The sense I got from the Government’s response is that they want every group of amendments and all the major issues to be debated; they just do not want to do it in the mechanical way suggested by the Committee’s report.

Helen Goodman Portrait Helen Goodman
- Hansard - - - Excerpts

We will hear whether that was the intention when the Deputy Leader of the House winds up the debate. What the Government actually said was this:

“The Chair would have to make rapid calculations on the number of minutes available per group in response to the progress of the...business”,

as if the Chair is not capable of doing some straightforward arithmetic. I know that education standards in this country are not what they ought to be, but I am absolutely confident that the Chair, supported, of course, by the Clerks, would be able to do that. The Government’s response also said that there is no evidence of a “systemic problem”, but there is a systemic problem, which is precisely why it is worth changing the rules of the game.