Points of Order
Debate between Richard Holden and Judith Cummins
Madam Deputy Speaker (Judith Cummins)
I thank the hon. Member for his point of order. The Chair is not responsible for what Ministers say or the way in which they use data, but the hon. Member’s point of order is on the record. Those on the Government Front Bench will have heard his concerns, and, if a correction is necessary, I am sure one will be forthcoming. I gently remind the hon. Member that I am sure he meant to say “inadvertently” misleading.
Mr Richard Holden (Basildon and Billericay) (Con)
On a point of order, Madam Deputy Speaker. The Cabinet Office guide to parliamentary work is very clear that
“Every question should be approached with a predisposition to give relevant information fully. There should be no inconsistencies between the provision of information in answers to written questions and information given”
under the Freedom of Information Act 2000. If
“information would be released under FOI, it would also be released in response to”
a written parliamentary question. This position was confirmed by the then Leader of the House in October last year when she stated that if information would be released under freedom of information legislation, it would also be released in response to a written parliamentary question.
This guidance appears to have been breached in relation to questions about representations on the Government’s plans to hike up parking fines. On 10 July, in answer to parliamentary question 64511, the Under-Secretary of State for Transport, the hon. Member for Nottingham South (Lilian Greenwood), refused to publish the material. On 19 August, the Department released the same information under the Freedom of Information Act, explicitly referencing the unanswered parliamentary question. When asked again to publish the released material, on 16 October, in answer to parliamentary question 77651, the Under-Secretary of State for Transport, the hon. Member for Wakefield and Rothwell (Simon Lightwood), once again refused to do so.
We now have a situation where Parliament is being treated with contempt and information is being provided to members of the public under FOI but withheld from Members of this House. This is a direct breach of the Government’s own guidance and of the principle of accountability to this House. Madam Deputy Speaker, will you consider communicating to the Leader of the House and to the Departments that such inconsistencies are wholly unacceptable and that information that would be released under FOI must also be released to Parliament? Should the two Ministers not now correct this affront and place the information in the Library of the House?
Madam Deputy Speaker (Judith Cummins)
Before I respond to the right hon. Member’s point of order, I say for the benefit of all Members that points of order should be concise. There is an increasing tendency to use them to make points that should be properly made in debates. I remind all Members that points of order should be limited to matters relating to the business before the House or the rules and conventions of the House.
On the point raised by the right hon. Member, he will know that it is Ministers, rather than the Chair, who are responsible for the responses that they give to parliamentary questions. However, he raises a serious point that those on the Government Front Bench will have heard. Members of this House play an important role in scrutinising the Government, and written parliamentary questions have an important role to play. I know that the Procedure Committee takes an interest in these matters, so the right hon. Member may also wish to raise the issue with that Committee.
Points of Order
Debate between Richard Holden and Judith Cummins
Mr Richard Holden (Basildon and Billericay) (Con)
On a point of order, Madam Deputy Speaker. There is real concern in Basildon and Billericay about the closure of the South Green surgery. I have raised the matter in Parliament a couple of times, including at oral questions, where the Health Secretary told me it would be a matter for my integrated care board and that he would be happy to make some introductions. However, in response to a written question, the Minister for Care, the hon. Member for Aberafan Maesteg (Stephen Kinnock), told me that new powers under the Health and Care Act 2022 meant that the Secretary of State could intervene under new powers introduced on 31 January 2024. This has caused real confusion among my constituents, particularly the 3,500 who signed a petition led by Justine Norris and Vivienne Conway, and my excellent local councillors, who have been doing all they can to raise the issue. What can Mr Speaker do to ensure that Ministers do not give my constituents accidentally misleading answers and that they correct the record when they make mistakes?
Madam Deputy Speaker (Judith Cummins)
I am grateful to the right hon. Member for giving notice of his point of order. The Chair is not responsible for the content of ministerial answers, but he has put his point on the record and there is a procedure for Ministers to correct the record if they wish to do so.