Privilege (Withdrawal Agreement: Legal Advice)

Simon Hoare Excerpts
Tuesday 4th December 2018

(5 years, 5 months ago)

Commons Chamber
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Andrea Leadsom Portrait Andrea Leadsom
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The hon. Gentleman is not correct. As I have just set out, the Attorney General answered questions from all Members with the most possible frankness on the clear legal position.

Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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Does my right hon. Friend share my disquiet about some of the sincerity expressed by the right hon. and learned Member for Holborn and St Pancras (Keir Starmer)? The letter that he produced in support of the motion was signed and sealed on Thursday. They clearly had no interest in what the Attorney General had to say on Monday.

Andrea Leadsom Portrait Andrea Leadsom
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I agree with my hon. Friend that the House needs to exercise some caution, and I wish to explain precisely why.

The issue we are debating today is the Government’s duty to protect Law Officers’ advice in the national interest. The House has previously recognised the importance of the principle that information cannot always be disclosed. This is always guided by the need to protect the broader public interest. This is directly reflected in the Freedom of Information Act 2000, brought in under a Labour Government, which sets out a careful scheme for balancing the twin imperatives of transparency on the one hand, and of safeguarding the public interest on the other. The consequences of not following those principles are obvious. The House might request, by way of a Humble Address, information that could compromise national security or which might put the lives of our troops in danger.

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Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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Let us be clear that contempt is not disobeying an order. In fact, a tweet put out on the UK House of Commons Twitter account defines contempt as:

“Any act or omission which obstructs the House of Commons in carrying out its duties”.

That can be seen as a contempt of Parliament. That is an incredibly high bar and I do not believe that the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) has made his case before the House this afternoon.

Mr Speaker, you and I love this place, but there is nothing more humorous than the synthetic confection of outrage, umbrage and humbug—that sounds like a rather dodgy firm of solicitors—that comes from this place when it thinks that its honour has been offended. It draws up its skirts like a slightly shocked maiden aunt at a risqué joke. The Opposition have, I am afraid, turned this into a parlour game—a parlour game called parliamentary politicking or parliamentary process. Let me pray in aid one or two thoughts that substantiate that viewpoint. So great is the umbrage of the Opposition that they ran out of speakers about 50 minutes ago. It strikes me that they are not exactly as hot under the collar as the right hon. and learned Member for Holborn and St Pancras tried to portray them as being.

Yesterday, when the Attorney General invited any question from any Member on any topic, about 75% of the stuff was to do with process and nothing to do with questions. If the right hon. and learned Gentleman was serious in his, I have to say, entirely synthetic sincerity about being more in sorrow than in anger, why was he trailing his letter around last Thursday and having it signed and sealed by close of play last Thursday? I thought that a former Director of Public Prosecutions would believe in honesty in the courts and in listening to somebody give their case before deciding what the next step would be, but he went around this place like a political costermonger selling his wares.

Keir Starmer Portrait Keir Starmer
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Will the hon. Gentleman give way.

Simon Hoare Portrait Simon Hoare
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I will not. [Hon. Members: “Oh!”] Oh, go on then.

Keir Starmer Portrait Keir Starmer
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The hon. Gentleman is talking nonsense; that letter was not signed on Thursday.

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Simon Hoare Portrait Simon Hoare
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Well, the right hon. and learned Gentleman was tarting his letter around this place on Thursday, trying to get signatures in order to instigate contempt proceedings. He may not have put it in the envelope and got the stamp out, but he had the letter drafted. The Attorney-General had only been on his feet for about 20 minutes when the letter was handed in to say, “Let us have a contempt motion.” I have heard of a judge trying to come to the final judgment, but not when the prosecution or the defence are still trying to make their case. It begs the question what sort of a lawyer the right hon. and learned Member for Holborn and St Pancras made.

I have also heard the right hon. and learned Gentleman and the hon. and learned Member for Edinburgh South West (Joanna Cherry) make an incredibly powerful case in support of privilege. They did so during the course of the Investigatory Powers Bill, when the right hon. and learned Gentleman and I both sat on the Bill Committee, and he was absolutely right to talk about the sanctity of privilege. In that case, it was with respect to the lawyer-client relationship and the relationship between a journalist and their source. But it now seems that he wants to cherry-pick which bits of privilege are important.

Gareth Snell Portrait Gareth Snell
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Will the hon. Gentleman give way?

Simon Hoare Portrait Simon Hoare
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I will not because I am very conscious of time.

This is a parlour game. We are not going to play it. We are going to support the Government’s amendment and we are then going to move on to do what this country is expecting us to do—that is, to debate the exit of this country from the European Union with the sobriety and seriousness that the issue demands.

Business of the House

Simon Hoare Excerpts
Thursday 29th November 2018

(5 years, 5 months ago)

Commons Chamber
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Andrea Leadsom Portrait Andrea Leadsom
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I am so sorry to hear about that. I am sure that was an appalling experience, and I am sure that all of us would want to send our best wishes to the hon. Gentleman’s constituent.

The hon. Gentleman has raised again the problem of serious knife crime, and I think the whole House shares that concern. That is why we are going to have a debate in two weeks’ time, and I do hope he will take part in it. As he will be aware, we have a serious violence taskforce. It is very clearly focused on trying to reduce the appalling incidents of knife crime, looking at prevention methods wherever possible to discourage young people from such an approach. In addition, I am sure he will welcome the fact that the Offensive Weapons Bill completed its stages in the House yesterday. We do therefore have some more measures that will prevent young people from accessing serious weapons that cause so much damage.

Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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The Dame Laura Cox report shone a spotlight on the need for transparency, honesty and openness in this place on issues that are of concern to Members across the House and, indeed, to the country as a whole. My right hon. Friend the Leader of the House will know that I have some residual concerns about the robustness and efficacy of the House of Commons Commission in dealing with these matters. I have described it in previous exchanges as a cross between the Magic Circle and the College of Cardinals. Will she guarantee a debate in Government time on the rules and terms of reference of the Commission to ensure that it is fit for purpose and meets the much higher bar of expectation—both in this place and in the country as a whole—of the standards now upon us?

Andrea Leadsom Portrait Andrea Leadsom
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My hon. Friend raises an issue in which I know the House of Commons Commission itself has shown some interest. I believe it wishes to be as transparent and open as possible. Certainly, from very preliminary discussions about the Cox report, I believe that Dame Laura’s view that serious reform is necessary has fallen on fertile ground. I think that we will be able to make further progress on that in due course.

Bullying and Harassment: Cox Report

Simon Hoare Excerpts
Tuesday 16th October 2018

(5 years, 7 months ago)

Commons Chamber
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Andrea Leadsom Portrait Andrea Leadsom
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The hon. Gentleman makes an important point. In looking at this new complaints procedure, we were seeking to achieve culture change and prevention, so he is right to point out the importance we gave to establishing an HR support service for members’ staff, so that they could find out whether something that was happening was fair, and what they should do about it. The next step would be mediation, to explain to their boss, whether their MP or the chief of staff or whoever, that what was going on was not right—prevention rather than straight to public allegations, when everyone is embarrassed and it is horrible for the victim. The hon. Gentleman is right that there needs to be a step change—victim or complainant-centred, with proportionate measures to try to change behaviour, so that the situation does not immediately become a case of “Right, you’ve complained about me, so either you’re leaving or that’s it,” which was frequently raised with us. I completely agree with the hon. Gentleman’s direction of travel, and it is vital that wherever possible we improve the culture and focus on prevention.

Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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I echo the remarks of my hon. Friend the Member for Gainsborough (Sir Edward Leigh), and row in behind the sentiment of the hon. Member for Rhondda (Chris Bryant), just before he leaves the Chamber. The House of Commons Commission has a bit of a reputation as a sort of hybrid of the Magic Circle and the College of Cardinals. It needs to be able to fish for its members in a wider and deeper pool. It is drawn from too narrow a base of Members of this place and therefore, if it is to command the respect of this place and those who take an interest in its proceedings, that needs to be looked at as a matter of some urgency.

Business of the House

Simon Hoare Excerpts
Thursday 19th July 2018

(5 years, 10 months ago)

Commons Chamber
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Wes Streeting Portrait Wes Streeting (Ilford North) (Lab)
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Listening to the Leader of the House this morning and looking back at the record for yesterday, twice now she has told this place that what happened with the breach of pairing arrangements was a result of administrative error. If the report in The Times newspaper is to be believed, it was a result not of accident, but of design. So when she returns to the Dispatch Box, I hope that she will choose her words carefully, because she may have been set up to mislead the House, however inadvertently, which would be serious. [Interruption.] Before Government Members heckle, I will say that some silence and humility might be required, because the idea that pregnant women and new mothers will be cheated out of their vote and representation to save the skin of this shambolic Government is an absolute disgrace and an affront to the House.

To add insult to injury, we now have to wait until September for a debate—a debate—on what should be a sensible arrangement for proxy voting, so will the Leader of the House at least come to the Dispatch Box to confirm that when we debate proxy voting in September, it will be on a motion, because actions will speak louder than words and the Government have shown through their behaviour this week that acting according to courtesies and conventions is not enough because this Government, with their shambolic record, cannot be trusted?

Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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On a point of order, Mr Speaker.

John Bercow Portrait Mr Speaker
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There is no point of order now.

Points of Order

Simon Hoare Excerpts
Thursday 5th July 2018

(5 years, 10 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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I look forward to the receipt of that email trail. Well, I do not know whether I look forward to it or not, but I know that I can expect to receive it. I think that would be helpful to all concerned.

Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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On a point of order, Mr Speaker.

John Bercow Portrait Mr Speaker
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I will come to the hon. Gentleman, but it would be a pity to squander him too early.

Restoration and Renewal (Report of the Joint Committee)

Simon Hoare Excerpts
Wednesday 31st January 2018

(6 years, 3 months ago)

Commons Chamber
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Andrea Leadsom Portrait Andrea Leadsom
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My hon. Friend makes an interesting point that I am really not qualified to answer, but I agree that the health risk is in moving and removing asbestos.

As Leader of the House, I work closely with the Clerk, the Director General and others who are responsible for the safety and wellbeing of those in this building to ensure that risks are minimised. There are more than 7,500 people working in Parliament, and we welcome 1 million visitors each year, including many schoolchildren. Nevertheless, keeping everyone safe is becoming a growing challenge with each passing year.

Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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That is one point that I must confess I fail to understand. We hear the Armageddon scenario that we are going to be washed away in slurry, burnt to death or electrocuted, and yet we have thousands of visitors from the public in this place every day. I see no signs to say, “Welcome to the death trap.”

Andrea Leadsom Portrait Andrea Leadsom
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My hon. Friend raises the core issue. We make every effort on the House Commission and through the House authorities, the Clerks, the Director General and the engineers to keep this place safe. We have all the certificates required to evidence that we keep this place safe. The point is that it gets harder to achieve that safety with every year that passes. That is the key point that we are seeking to resolve.

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Andrea Leadsom Portrait Andrea Leadsom
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I am going to make some progress, and then I will take some more interventions.

Crucially, the approval of an arm’s length sponsor board and delivery authority allows the project to be led by those with the necessary skills and the experience of delivering large-scale projects. On behalf of Parliament, the sponsor board will oversee the work of the delivery authority. As it will be crucial for Members’ views to inform and shape the programme as it develops, parliamentarians will have a majority of members on the board. In short, motion No. 2 invites the House to make a clear statement about the need to act with urgency, but it also ensures that a rigorous and professional business case will be drawn up that will provide confidence to Members and to the public.

Simon Hoare Portrait Simon Hoare
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On that point, would my right hon. Friend give way?

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Andrea Leadsom Portrait Andrea Leadsom
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My right hon. Friend hits the nail on the head. About 75% of the cost of the works to the Palace of Westminster is for work that is non-cosmetic—it will be dealing with mechanical and engineering works, the fire risks, and so on—but aimed at preserving essential services for future generations. We have a duty to do it. This is not about carpets and curtains, but about profound and essential services, for the largest part.

Simon Hoare Portrait Simon Hoare
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Will my right hon. Friend give way?

Andrea Leadsom Portrait Andrea Leadsom
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I will not give way any more.

The Government do not have a position on this and will respect the views of the House, but as a Member myself I would like to take a moment to share my own position on this very important subject. When I became Leader of the House, I took on the restoration and renewal project with a healthy degree of scepticism. I, like many, felt that the case for a major restoration programme had probably been overstated, that the Palace looked fine and that we could continue to patch and mend as we went along, as we have done for many decades. However, during my seven months in the job, I have, as they say, gone on a journey. I have lived and breathed this topic. I have visited the basement and seen for myself what our engineers are up against.

Should a catastrophic failure happen in this place, I want to look back to this moment and know that I chose to protect the Palace for future generations. I want to be clear that we do everything we can to minimise the risks this building faces, but we must recognise that as time passes without comprehensive action those risks only increase. My role has brought me close to the heart of these issues, and I am not the only Leader of the House to have arrived at this view: both of my predecessors, my right hon. Friends the Members for Aylesbury (Mr Lidington) and for Epsom and Ewell (Chris Grayling), share my desire to take action. Today I will be voting to take action. I will be voting for motion No. 2.

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Valerie Vaz Portrait Valerie Vaz
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I will come to the issue of what will happen about a debating Chamber on this site, but I am afraid I must tell the hon. Gentleman that the link might be broken through factors beyond our control. We would be forced to leave if there were a fire, or any other act of God.

I thank the former Leader of the House, the right hon. Member for Aylesbury (Mr Lidington), who did try to find time for a debate. As I said earlier, the PAC’s report was published in March—I emphasise that date—and I then had a conversation with the right hon. Gentleman, who was very keen to get the debate going, but what we had not realised was that the hills were alive with the sound of a general election. As a result of the election, the response to the report was not made by the Government.

Simon Hoare Portrait Simon Hoare
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Will the hon. Lady confirm my understanding—this is really in response to what was said by my right hon. Friend the Leader of the House—that we cannot bind our successor Parliaments, whether in legislation or by other means, to abide by any measure that we pass? It can be revoked, and it can be changed. Is that also the hon. Lady’s understanding? Many of those who take my position on the issue fear very much that were we to leave this place, 101 reasons would be found for why we could not return.

Valerie Vaz Portrait Valerie Vaz
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I agree with the hon. Gentleman that we cannot bind future Parliaments, but I disagree with his other point. I think that when he has heard the rest of what I have to say, he will recognise that that is not the case.

The second issue is that there are new threats. Security, as well as safety, is now a key factor. While work is taking place in Norman Shaw North, Norman Shaw South and Derby Gate under the northern estates programme, all the security considerations will be taken into account. We know what happened at Westminster on 22 March. Our friend and protector PC Keith Palmer died; we were in lockdown. For all sorts of reasons, we need a contingency Chamber. The northern estates programme is on to that; discussions are ongoing with Westminster Council and they have been quite productive. Since the Department of Health and Social Care has now moved out into Victoria Street, it may well be possible to use the space behind the façade of Richmond Terrace, and that could very well be our contingency Chamber; it will become the contingency Chamber when we move back to the House.

Government Policy on the Proceedings of the House

Simon Hoare Excerpts
Tuesday 10th October 2017

(6 years, 7 months ago)

Commons Chamber
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Mark Harper Portrait Mr Harper
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It is interesting, because when I read the debate it was of course the Opposition spokesman, the shadow Secretary of State for Health, who asked the Government not to divide the House on the NHS motion. The Government then proceeded not to divide the House on the motion, and now all we get is a load of complaints—which seems to me remarkably strange.

Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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Does my right hon. Friend draw any comfort, as I did, from the fact that the party once of Campbell-Bannerman, Gladstone and Lloyd George has now decided to predicate the national debate on information that it ascribes to something called the Huffington Post?

Mark Harper Portrait Mr Harper
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My hon. Friend makes a very good point, which requires no elaboration from me.

A couple of things struck me about the motion on the Order Paper about the NHS. First, it made very selective use of statistics. For example, it talked about the number of nurses and midwives joining the Nursing and Midwifery Council register, which is an important figure, but of course not directly applicable to the number of nurses working in the NHS, which the Secretary of State correctly pointed out had increased by 12,000. So it would not be right to oppose a motion that had some factually correct statistics in it, but they were not relevant to the argument about the number of nurses and midwives actually working in the NHS.

The final part of the motion talked about ending the public sector pay cap of 1%, and of course my right hon. Friend the Chief Secretary to the Treasury, who excellently wound up that debate, made the point that for the forthcoming financial year, the Government would allow the pay review bodies more flexibility anyway, so it seemed rather pointless to be engaging in that debate.

I have no complaint about the Labour party, but this is what parties do in opposition. It put in the words at the end that suggested that NHS workers should be given a fair pay rise, which I think would probably command support across the House, including from myself and my hon. Friends. The debate, of course, is about what constitutes a fair pay rise—what is affordable. But to think we were going to fall into the trap of voting against a motion that would just then enable lots of Labour MPs to put out leaflets saying that we were against a pay rise! They are playing a political game. We know what the game is. I am going to be very fair: it is what we would do if we were in their position. It is not our job, though, to fall into their trap and make their lives easier. Our job is to get on with governing and making the right decisions, which is exactly what we did.

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Valerie Vaz Portrait Valerie Vaz
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That point, which I am coming to, needs to be clarified, and it is the Government’s job to do such a thing. Mr Speaker, you have heard me ask for clarification several times, and we have had numerous discussions through the usual channels, but we have had absolutely nothing. It is sad that Parliament is treated this way. I did not think that, in the first week back after the conference recess, I would be standing here arguing for the same thing I did before the recess.

We play a vital role in our democracy. The use of the term “Her Majesty’s Opposition” was first coined in 1826 by John Cam Hobhouse and was given statutory recognition in 1937. The official Opposition is defined as

“the largest minority party which is prepared, in the event of the resignation of the Government, to assume office”.

That is an important constitutional role, and we should not be prevented from doing our job. We would like to fulfil that role but that is the effect of not giving us dates for our debates. The Government want to stifle debate and so deny all the Opposition parties a chance to challenge them and put forward their policies.

Secondly, having been given that Opposition day on 13 September, the shadow Secretaries of State for Health and for Education moved and spoke eloquently to their motions, and we then witnessed the bizarre spectacle of the Government making no comment whatsoever. They had tabled no amendment to the motion. There was no voting for and no voting against, so Parliament was left in limbo. What was the status of the motion? It was a proper, substantive motion, defined as a self-contained proposal submitted for the approval of the House and drafted in such a way as to be capable of expressing a decision of the House—and it did, in this case to NHS workers and students about to start university.

Simon Hoare Portrait Simon Hoare
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The hon. Lady is right to make the point that the Chamber is not just a hothouse of debate. It is about what people want to listen to, to find out what is important. There are parents in the country who are quite keen to hear the views of all the political parties about how to address the very sad problem of baby deaths. Is she embarrassed and ashamed that she and her colleagues are detaining the House by having a debate about debates, and not about the issues?

Valerie Vaz Portrait Valerie Vaz
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I thank the hon. Gentleman for his intervention, but he is wrong. My family has suffered a baby loss. This is a very important date, because it is the anniversary of the death of my brother’s baby, my brother being my right hon. Friend the Member for Leicester East (Keith Vaz). I know how important the issue is, but this is not a debate about a debate. People throughout the country want to know what is going on and what we do in Parliament. They want to know that their Parliament is supreme. They want to know that we are debating and discussing.

The position that was outlined in the motions appeared in the manifesto of the Democratic Unionist party, and its members owe their electorate an explanation of why they did not vote in support. Because the DUP has a confidence and supply agreement with the Government, the Government knew that they could not command its support, and would have lost the vote. That is significant, because the confidence and supply agreement itself has to come before the House to be debated. Again, it takes the courts to tell the Government what parliamentary democracy means. Worse still, the Government then decided, during the conference recess, that the Opposition’s policies on those two subjects would be their policies. The right hon. Member for Forest of Dean (Mr Harper) will know that the Government made a statement on both policies.

The right hon. Member for Orkney and Shetland mentioned a journalist who is well known around the House, and who suggested that the Government were not intending to vote against or amend our motions, but would sit on their hands for all our Opposition debates.

Private Members’ Bills

Simon Hoare Excerpts
Wednesday 13th April 2016

(8 years, 1 month ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Jeff Smith Portrait Jeff Smith
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Simply because the debates were on a Friday—I will come to that. If the hon. Gentleman is so convinced of the arguments against those Bills, we should have had a proper debate on a day in Parliament when lots of people are present. We could debate the issue and vote on it, rather than talking it out.

Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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I am on the Select Committee on Procedure and have had a private Member’s Bill, and I have quite a lot of sympathy with what the hon. Gentleman is saying. Does he agree that we are almost victims of our own misfortune, as it were, in that we have transferred sitting Fridays, on which we are sent to Westminster to represent our constituents and constituencies, to be constituency days? My hon. Friend the Member for Bury North (Mr Nuttall) is absolutely right that if issues are important, we should be able to say to our constituents, “I will not be at the opening of the school or the fête”—whatever it might happen to be—“because I am discharging my duties as a Member of Parliament on a sitting Friday,” of which we only ever have 13 in a year.

Jeff Smith Portrait Jeff Smith
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The hon. Gentleman has identified an important point, and I will come to sitting Fridays shortly. In some cases I have had hundreds of emails from constituents urging me to turn up on a Friday for a private Member’s Bill—sometimes because charities or other organisations have mobilised them—and we are doing a disservice to those organisations and constituents, and to ourselves, by allowing expectations to be raised that a debate in Parliament will lead to a Bill being passed.

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Jeff Smith Portrait Jeff Smith
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The hon. Gentleman makes an excellent point. It is quite correct that Members should be able to spend some time on a weekday in constituencies, visiting schools and businesses, doing advice surgeries and meeting residents, and it is sensible to allow one weekday a week for that. There should not necessarily be the need, therefore, to attend Parliament on a Friday. If we were to move consideration of private Members’ Bills to another day, that would give all Members the opportunity both to take part in debates that consider those Bills seriously and to have time in their constituencies.

There are options. We could take private Members’ Bills on a Tuesday or Wednesday evening or morning, or we could use some Back-Bench business time. I think it is recognised that that time is not heavily subscribed, so we could use some of it more effectively to deal with private Members’ Bills on days when all Members are around Parliament. In addition, we should ensure that private Members’ Bills are properly programmed, with sufficient time to discuss each one that comes forward.

It is not just about when, but about how we deal with the business. Here are three things we could do. First, there is no reason not to have time limits on speeches in debates on private Members’ Bills. We have them regularly in other debates, so why should we not have them in those? Secondly, we could bring in rules to guarantee a vote on a private Member’s Bill on Second reading.

Simon Hoare Portrait Simon Hoare
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The hon. Gentleman is being generous with his time. As he knows, the Procedure Committee is undertaking an inquiry into this matter and in our evidence gathering it has transpired that on a sitting Friday the Chair can indeed impose a time limit—there is nothing to stop them doing that. Without questioning the Chair’s decision, the fact that they have not used that power is a question for the Chair, but the residual power is there for them to respond if they so wished.

Jeff Smith Portrait Jeff Smith
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The point is that that does not happen. My understanding is that under Standing Order No. 42 the Chair can direct a Member to discontinue their speech, but between 1945 and 1999 that was used on only 21 occasions, so that parliamentary procedure is used rarely. I also think there are better ways of organising our time. As I have said, if we moved the debates to a Tuesday or Wednesday, we could have a fuller debate, and all Members could be there. This is about a package of measures, not just a single measure.

We should guarantee the vote on Second Reading and, thirdly, if a private Member’s Bill is agreed on Second Reading, we should guarantee time for it to be considered in Committee. Those are not difficult things to do, but if the measures are too revolutionary to bring in at once in this place, we could even introduce them as a pilot and see how they go. They would be easy ways to improve the way we debate and vote on private Members’ Bills.

The reason I was keen to debate this issue today is not solely the extensive negative publicity that the current process has generated in the media in recent months—and we have all seen such negative publicity, which reflects badly on Parliament. There was a more personal reason. I was sitting in the Chamber on a private Members’ Bill Friday a few weeks ago, as hon. Members talked out a Bill, and I looked up and saw a group of school students in the Gallery. As a student of parliamentary oratory—I take an interest in it—I have to acknowledge the extensive skill involved in talking out the Bill. It was a masterclass in filibustering. However, to the group of school pupils in the Public Gallery the speeches must have been as boring as the process was mystifying. I remember thinking, “Is this the impression we want to give those young people of our Parliament? Is this really a positive image of politics and politicians?” I was, frankly, embarrassed to be in the Chamber that day.

We are sent here by our constituents to try to make a positive difference to their lives. They have a right to expect our discussions to be honest, realistic and serious. It is dishonest to the public to maintain the illusion that Friday’s private Members’ Bill debates are proper legislative process. Members bring forward private Members’ Bills on serious and important issues. It is about time we debated them and voted on them as such. The last report of the Procedure Committee said of reform of programming:

“This is an idea whose time has not yet come.”

After what we have seen in recent months, I believe that that time has come.

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Melanie Onn Portrait Melanie Onn
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I am well aware of that. It just shows the importance of the issue to members of the public. I would urge anybody who is tuning into Parliament TV today to sign up. Maybe we will have a private Member’s Bill on private Members’ Bills at some point.

I do not want to echo comments that have already been made too much, but it is really not fair that one Member of this House can block legislation from being voted on and possibly becoming law. We never hear a defence of the filibuster rule. We hear objections to changes to the procedures and we hear Members justifying their actions by working within the rules, but very rarely do we have an outright defence of the system. That is because it is unjustifiable for one or two MPs to deny the representatives of the rest of the country a voice on important and potentially life-saving legislation.

Very often—we have heard examples of this—it is a Government Minister who does the filibustering and not some rogue Back Bencher, which often seems to be the general impression. An Education Minister blocked the Bill that would have made it compulsory for children to be taught emergency first aid at school, and the Minister for Community and Social Care talked out a Bill to allow the NHS access to low-cost medical treatments for conditions such as multiple sclerosis, cancer and Parkinson’s. The same Minister prevented a Bill from passing that would have exempted carers from paying hospital parking charges.

Simon Hoare Portrait Simon Hoare
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I have much sympathy with what the shadow Minister and her colleagues have been saying, but we all have to accept, whether we like it or not, that it is a misnomer to talk about private Members, because none of us is. We are all part of a party machine. If the Government of the day, irrespective of what stripe they are, do not support a Bill—irrespective of how we change the Standing Orders and whether we sit on a Tuesday, Saturday or Thursday—and do not want it to go ahead, it will not go ahead.

Melanie Onn Portrait Melanie Onn
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The important thing is that we should at least have the opportunity to vote on these things, which we do not have at the moment. If we are going to run a Parliament and say to people, “We’re here to influence change. We can properly represent you,” and then be denied that, it is the time for change.

As long as the Government are able to veto private Members’ Bills before they are voted on, the only Bills that will be allowed to pass are the ones that the Government are in favour of, but if the Government are in favour of them, they could just as easily introduce the legislation themselves. Why do they not just do away with the nonsense—that is how it is viewed at the moment—of private Members’ Bills?

Other speakers have said that it would not be right to allow the small number of Members who turn up on a Friday to decide the laws of the country, but I think that the current system for private Members’ Bills actively discourages Members from being here on a Friday because, as there are no time limits on debates, it is impossible to know which legislation will be reached and debated, let alone what will be voted on. Most MPs, including me, would rather spend an extra day in our constituencies than stay in Westminster on the off-chance that their Bill will reach a meaningful discussion or even a vote.

English Votes for English Laws

Simon Hoare Excerpts
Wednesday 15th July 2015

(8 years, 10 months ago)

Commons Chamber
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Chris Grayling Portrait Chris Grayling
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I have tried in recent days to identify any Bill that has a public spending impact outside the estimates process. The officials who have looked at this for me have identified no such measure. The point is that the estimates process is what sets our public spending envelopes. It is what sets the budget for the Department for Business, Innovation and Skills. It is what sets the departmental budget for the Department for Education. It is what consequentially sets the budget for the Scottish Government, and for Wales and Northern Ireland. All those things will remain a matter for a vote of the United Kingdom Parliament, as, indeed, every Bill will be voted on by every single Member of Parliament.

Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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I am very grateful to my right hon. Friend for giving way. Listening to some on the Opposition Benches, it seems that they believe the West Lothian question was a rhetorical one. This proposal is trying to find an answer to it, the genie having been let out of the bottle through the devolution settlements. Will he accept the support and congratulations of my constituents in North Dorset, because he and the Government are trying to find a fair and just way to solve a problem that has been ignored for far too long and is clearly and palpably unfair?

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Order. May I suggest that that intervention is far too long?

Business of the House

Simon Hoare Excerpts
Tuesday 14th July 2015

(8 years, 10 months ago)

Commons Chamber
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Chris Grayling Portrait Chris Grayling
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Nobody is trying to repeal the Hunting Act. The measure that was proposed had nothing to do with repealing the Hunting Act.

Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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Will my right hon. Friend undertake to discuss with colleagues on the Treasury Bench the introduction of a general animal welfare Bill in the next Session covering foxhunting, wild animals in circuses, the clipping of chickens’ beaks and other such issues? All those things could be covered in one large umbrella Bill that the House could discuss and then vote on in the proper way.

Chris Grayling Portrait Chris Grayling
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I think that was a representation on legislation for next year’s Queen’s Speech to which I am sure my hon. Friends will have listened carefully.