Procedure of the House Debate

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Department: Leader of the House

Procedure of the House

John Bercow Excerpts
Thursday 26th March 2015

(9 years, 1 month ago)

Commons Chamber
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Lord Hague of Richmond Portrait The First Secretary of State and Leader of the House of Commons (Mr William Hague)
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I beg to move

That this House takes note of paragraphs 21 to 28 of the Seventh Report of the Procedure Committee, Matters for the Procedure Committee in the 2015 Parliament, HC 1121, concerning the trial of a three day deadline for the tabling of amendments and new clauses/schedules at report stage of all programmed bills; and approves the Committee’s recommendation in paragraph 28 that the trial should be extended for the duration of the first session of the 2015 Parliament, and extended to amendments and new clauses/schedules in Committee of the whole House of all bills and at report stage of un-programmed bills.

John Bercow Portrait Mr Speaker
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With this it will be convenient to debate the following:

Motion on pay for Petitions Committee Chair—

That the Resolution of the House of 19 March 2013, relating to Positions for which additional salaries are payable for the purposes of Section 4A(2) of the Parliamentary Standards Act 2009, be amended by inserting after “the Liaison Committee”, “the Petitions Committee,”.

Motion on elections for positions in the House—

That this House notes the recommendation of the Procedure Committee in its Fifth Report of Session 2010-12, 2010 Elections for positions in the House, that the House should be invited to decide between a secret ballot or open division where the question at the start of a new Parliament that a former Speaker take the Chair is challenged, and accordingly makes the following change to Standing Orders, with effect from the beginning of the new Parliament:

Standing Order 1A (Re-election of former Speaker) Line 11, at end insert—

“(1A) If that question is contested, it shall be determined by secret ballot, to take place on the same day under arrangements made by the Member presiding, who shall announce the result of the ballot to the House as soon as is practicable.”

Motion on Deputy Speakers—

That, at the start of the 2015 Parliament, the Speaker may nominate no more than three Members as Deputy Speakers to serve until the House has elected Deputy Speakers in accordance with the provisions of Standing Order No. 2A; and that the Members so nominated shall exercise all the powers vested in the Chairman of Ways and Means as Deputy Speaker.

Lord Hague of Richmond Portrait Mr Hague
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We have already anticipated some of this debate during the urgent question, but I rise to speak to the motions standing in my name and that of my right hon. Friend the Deputy Leader of the House.

The motions facilitate making decisions on areas which, to have any meaningful usefulness, need to be decided before the early days of the next Parliament. They include matters raised in the Procedure Committee’s latest report “Matters for the Procedure Committee in the 2015 Parliament”, published last week. The report specifically called for a decision of the House before the end of this Parliament on the issue of extending the trial of new arrangements for programming legislation. Let me deal with that motion first.

The House agreed on 8 May last year to the trial of new arrangements with regard to programming legislation, following the Procedure Committee report on the same subject, published in December 2013. The arrangements included bringing forward the deadline for tabling amendments, new clauses and schedules from two days to three days before the day on which the debate takes place. The Procedure Committee agreed to review the operation of the arrangements at the end of the current Session. That review, aided by a memorandum produced by the Public Bill Office, is summarised in last week’s Procedure Committee report. The report noted that the trial had not produced very much evidence on the impact of the change, and therefore recommended that the trial should be continued in the first Session of the next Parliament. The Procedure Committee also recommended that the deadline be extended to cover amendments in Committee of the whole House for all Bills, and on Report for unprogrammed bills.

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Mark Pritchard Portrait Mark Pritchard (The Wrekin) (Con)
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On a point of order, Mr Speaker. I seek your guidance. Given that many Members are standing and time is limited, will you be issuing guidance on time limits for speakers?

John Bercow Portrait Mr Speaker
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There is not a time limit and it is not that common to have a time limit on procedural matters. I would urge colleagues to have regard to each others’ interests, but there is no fixed time limit. That is the short answer to the hon. Gentleman.

Emily Thornberry Portrait Emily Thornberry (Islington South and Finsbury) (Lab)
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On a point of order, Mr Speaker. Given that so many Members wish to speak on this very important constitutional matter, which we have been bounced into at the last minute with the last gasp of this dreadful Government, is there not a way in which more time could be allocated so that everyone can express themselves?

John Bercow Portrait Mr Speaker
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The short answer is no. The motion has been tabled by the Government for the debate to last for up to one hour. Colleagues can make their own assessment of whether they think that is a sufficiency of time for this matter, but I am not in a position to extend the time.

Joan Walley Portrait Joan Walley (Stoke-on-Trent North) (Lab)
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Further to that point of order, Mr Speaker. Can you make sure that the general public out there, who will look on in disbelief, have some understanding of the absolutely ridiculous way in which Parliament has now been forced to act?

John Bercow Portrait Mr Speaker
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Well, people can attend to our proceedings if they so wish. I imagine that some will and some won’t.

Lord Barker of Battle Portrait Gregory Barker
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On a point of order, Mr Speaker. Given the very sensitive nature of this discussion, have you taken advice on whether you, sir, should actually be in the Chair? [Interruption.]

John Bercow Portrait Mr Speaker
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I will respond to the right hon. Gentleman in a moment with pleasure.

Julian Lewis Portrait Dr Julian Lewis (New Forest East) (Con)
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Further to that point of order, Mr Speaker. Can I just say that my right hon. Friend has just excelled himself in the atmosphere he has generated in this House, in precisely the way in which the Leader of the House has excelled himself in the atmosphere of the country?

John Bercow Portrait Mr Speaker
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I am very happy to respond to the right hon. Member for Bexhill and Battle (Gregory Barker). The short answer is that I have not found it necessary to seek advice on this matter. It is commonplace for the Speaker to be in the Speaker’s Chair. I am genuinely sorry if that disquiets the right hon. Gentleman, but it has been my normal practice to do at least the expected number of hours of the Speaker in the Chair, and frequently rather more so. I have not generally found that that has met with disapproval in the House.

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Chris Bryant Portrait Chris Bryant (Rhondda) (Lab)
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By definition, the Government of the day have a majority in the House and can remove a Speaker any day of the week. It is a tribute to our constitutional settlement that no Government have chosen even to attempt to do that since 1835. That is why the motion is so wrong. The Speaker used to be the appointee of the Crown, but today the Speaker is a servant of the House, not the poodle of the majority party. [Interruption.]

John Bercow Portrait Mr Speaker
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Order. There is noise on both sides. We cannot have recurring noise when colleagues are speaking, from either side. Let us hear Mr Chris Bryant.

Chris Bryant Portrait Chris Bryant
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If the Speaker should have any bias at all, as has been the established practice for more than 150 years, it should be a bias in favour of allowing more debate and continuing discussion and enabling scrutiny. If, therefore, there is a bias at all, it must always be in favour of the Back Bencher, not the Government. For that reason, the Government are always tempted to get rid of a Speaker, but they have never chosen to do so until today. A Speaker should always be able to order proceedings without any fear or favour, in particular without any fear of the Government, the Executive or the Crown.

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Pete Wishart Portrait Pete Wishart
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On a point of order, Mr Speaker. Given the great unhappiness about this process and the way this House has been bounced into considering it, is there any way that this question could not now be put?

John Bercow Portrait Mr Speaker
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There is, of course, a device of moving the previous question, but it would affect only the first of the motions, which is not the one that has excited the debate. It could be done, but I rather suspect that it would not be effective.

None Portrait Several hon. Members
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rose

John Bercow Portrait Mr Speaker
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Order. Before I take more points of order, let me explain that I would like to call a couple more colleagues in the very short time available and that I hope colleagues will be considerate of each other.

David Heath Portrait Mr David Heath (Somerton and Frome) (LD)
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Further to the point of order, Mr Speaker. There is, of course, another way. The Leader of the House could withdraw the motion—[Hon. Members: “Withdraw, withdraw.”] I have to say that although I would always support a secret ballot, I very much dislike the way in which this matter has been brought before the House today.

None Portrait Hon. Members
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Withdraw, withdraw!

John Bercow Portrait Mr Speaker
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The Leader of the House can respond to the point of order if he so wishes, but he does not wish to do so. [Interruption.] Order. Reference was made to tabling at 7.30 pm. In the interests of proper transparency, it is only fair to say—I want accurate information to be before the House—that the Leader of the House notified me of his intentions on this matter at 5.30 pm.

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John Bercow Portrait Mr Speaker
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Order. In calling the next Member, let me say that I intend to call a Liberal Democrat Member, and I want to accommodate as many Members as possible. Great brevity will be appreciated.

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John Bercow Portrait Mr Speaker
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That is not a matter for the Chair. The Leader of the House can respond if he wishes, but he is not obliged to.

Lord Hague of Richmond Portrait Mr Hague
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indicated dissent.

John Bercow Portrait Mr Speaker
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The Leader of the House does not wish to respond.

None Portrait Several hon. Members
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rose

John Bercow Portrait Mr Speaker
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Order. I am keen to accommodate more colleagues, but great brevity is required. There are seven minutes to go.

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Gerald Howarth Portrait Sir Gerald Howarth (Aldershot) (Con)
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I am not opposed in principle to the idea of a secret ballot, and I very much regret, Mr Speaker, that this debate has become centred on you personally. I have to say that I did not vote for you, and you and I have crossed swords many times over a wide range of issues, but I want to put on record that you have shown me, and many of my colleagues in all parts of the House, a most courteous approach and a most courteous attitude, and I appreciate that very much—although you are not, of course, without your faults. [Laughter.]

John Bercow Portrait Mr Speaker
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Who is?

Gerald Howarth Portrait Sir Gerald Howarth
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Indeed—who is?

I must say to my right hon. Friend the Leader of the House—whom I revere as well—that I feel very uncomfortable about the procedure that the Government have adopted, which has allowed only an hour for debate. I think that that is unfortunate, given that we are debating a House of Commons matter. However, I cannot vote with the Opposition, because, unlike my right hon. and hon. Friends, they have displayed a monolithic, partisan approach to this issue, which has demeaned them and, I am afraid, has done no credit to the House either.

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John Bercow Portrait Mr Speaker
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If the hon. Gentleman’s complaint is that there is inadequate time for right hon. and hon. Members to be called in this debate, let me say, with a clarity that is beyond peradventure, that I would be happy to sit here all day and all night for right hon. and hon. Members. The hon. Gentleman is a constitutionalist, and I think that he prides himself on understanding Parliament. The motion was tabled by the Government, and the time for it was determined by the Government. I think that that is clear.

Jacob Rees-Mogg Portrait Jacob Rees-Mogg (North East Somerset) (Con)
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On a point of order, Mr Speaker. As there is such widespread demand for an increase in the time available, would it be permissible to suggest, under Standing Order 24, an emergency debate on the subject?

John Bercow Portrait Mr Speaker
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The answer to that, I fear—as far as the hon. Gentleman is concerned—is that the Government tabled the motion earlier in the week, which removed any possibility of Standing Order 24 debates today. The answer to the hon. Gentleman’s point of order is that there cannot be such a debate, but that is the reason. It has nothing to do with a decision by the Chair; it has to do with a judgment that the Government have made.

I must now put the Question.

None Portrait Hon. Members
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Withdraw!