Committee on Standards: Cox Report

Valerie Vaz Excerpts

Monday 7th January 2019 Commons Chamber

[Valerie Vaz (Walsall South) (Lab)]

I thank the Leader of the House for moving the motion. I should also like to thank the Committee on Standards for its work on producing the report. I want to speak to the motion, and also to touch on the amendment tabled by the hon. Member for Carlisle (John Stevenson). This is a short report, but at its heart lies a constitutional issue that warrants consideration. I note from the inside cover of the report that the Law Officers are entitled to attend the Committee although they are not entitled to vote. I want to place on record my thanks to the shadow Solicitor General, my hon. Friend the Member for Torfaen (Nick Thomas-Symonds), for his helpful discussions.

Before I move on to the specific proposals and questions, I also want to thank Dame Laura Cox for the time that she has given to this inquiry and for producing a wide-ranging report in the given timeframe. I also want to reiterate part of the statement from the House of Commons Commission, which is set out in paragraph 4 of the report:

“The scale of the problem and depth of hurt caused is beyond dispute.”

The Commission went on to state:

“The staff of the House of Commons are essential to the functioning of democracy. We deeply regret that their diligence has at times been so poorly repaid, and that it has taken so long for us to recognise what must be done.”

The Committee’s report then states:

“We, like the Commission…commit ourselves to contributing to putting things right.”

I want to add that the House staff and other people working in this great place need to know that they are valued, and I hope that they do.

Paragraph 5 of the report states:

“The functions of the Committee on Standards and of the House of Commons Commission are different, but with some degree of overlap.”

I agree that the functions are different, but I am unclear as to how they overlap. They have completely separate roles. The House of Commons Commission has elected representatives from different parties, and I am definitely not aware of any overlap. I would not want to give the impression that there was any interference in the work of the Commissioner or of the Committee. Nor does the Commission have any say over the work of the Committee. In paragraph 6, the Committee states that it chose to speak to only one elected representative, the Leader of the House. Was she aware of any discussions taking place with anyone else? Were any other experts consulted?

I want to deal with two other issues before I come on to the question of voting. First, if the Commissioner feels that she should refer matters to the police in a criminal matter, she is bound to do that. She should not have to ask anyone’s permission to do so. Secondly, receiving complaints by email will bring the process up to date, and I am sure everyone would agree that as long as we maintain the principle that any statement or complaint must be signed, it can be sent off by email.

The main proposal concerns voting rights for lay members, which Dame Laura Cox suggested in her report. This has been considered for some time but, as the Committee said, the matter now needs decisive and immediate action. A Committee of the House is covered by privilege, which is defined in article 9 of the Bill of Rights Act 1689 as relating to Members only. However, giving lay members a vote would change the nature of the Select Committee. As Dame Laura Cox has pointed out in paragraph 380,

“all the difficulties inherent in the process would not be alleviated by the giving of full votes to lay members, which will in any event require primary legislation”.

It is arguable that privilege would extend to lay members. Lord Nicholls, giving written evidence to the Procedure Committee in 2011, said that if all members of a Committee were undertaking the work of that Committee, he would expect privilege to extend to all members. Unless they are covered by privilege, this could leave lay members exposed to challenge, and however slight the risk, that cannot be right. There are two different views on this, and the only way to make this clear is through legislation, as Dame Laura Cox and the Committee’s report have said. It is not clear when the Government will bring forward the legislation to protect the lay members, so will the Leader of the House tell us when they will do so? Will she also confirm that advice has been taken on the risk to lay members of judicial review, and will she publish it? Lay members have to be protected.

In paragraph 44 of the report, the Committee states:

“The advice we have received is that, procedurally speaking, the House has the power, if it chooses, to confer voting rights on lay members”.

May I ask who that advice was sought from? Was it given on procedural rules or on a constitutional point? Has parliamentary counsel been consulted? Members and lay members need to be reassured. Once they receive that protection, lay members should, as recommended by the Committee, be allowed to move motions and amendments and vote. Their indicative votes are recorded now, so that would be a logical next step.

Everyone who works in Parliament will be concerned by the recent case in the House of Lords. The task was delegated to a Committee, which looked at the case under a fair procedure. The House of Lords, which is of course different, is however looking at including lay members on its sub-committee, albeit in a minority.

This proposal deals with the process at the end, but we must also ensure that Members and staff are reassured that the process is fair from start to finish and does not leave any person feeling that they have not had a fair hearing or that an injustice has been done, and that the recommendations of the Cox report are progressed without delay. I know that the Commons executive team is dealing with that. However, it does raise a constitutional question as to how to preserve the independence of the process while balancing it against the doctrine of exclusive cognisance. Some Members may want to hear the Leader of the House’s view before they vote, so will she reassure us on that point?

Finally, I thank the Committee on Standards again for its work. We must all play our part in ensuring that our new procedures are robust, fair and effective to protect everyone working and visiting Parliament.

[Several hon. Members rose—]

Business of the House

Valerie Vaz Excerpts

Thursday 20th December 2018 Commons Chamber

[Valerie Vaz (Walsall South) (Lab)]

May I ask the Leader of the House for the business for next week?

[The Leader of the House of Commons (Andrea Leadsom)]

The business for the week commencing Monday 7 January 2019 will be as follows:

Monday 7 January—The draft Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2018, followed by a debate on the fifth report from the Committee on Standards, “Implications of the Dame Laura Cox report for the House’s standards system: Initial proposals”, followed by a general debate on children’s social care in England. The subject for this debate was determined by the Backbench Business Committee.

Tuesday 8 January—Remaining stages of the Finance (No.3) Bill.

Wednesday 9 January—Proceedings on a business motion relating to section 13(1)(B) of the European Union (Withdrawal) Act 2018, followed by a debate on section 13(1)(B) of the European Union (Withdrawal) Act 2018.

Thursday 10 January—Continuation of debate on section 13(1)(B) of the European Union (Withdrawal) Act 2018.

Friday 11 January—Subject to the proceedings on the business motion, the House may meet to continue the debate on section 13(1)(B) of the European Union (Withdrawal) Act 2018.

On the 36th and final business question of the year, I would like to pay particular tribute to Brendon Mulvihill, Les Stockwell and Noel Kirby, who all retire from the Commons this Christmas with a combined 120 years of service between them. It is that kind of knowledge and dedication that makes Parliament such a wonderful place for the rest of us to work, and their service is very much appreciated by all of us.

The online publication of “Erskine May” was such a popular early Christmas present last week that I am pleased to be able to come to the House with one last pre-recess Christmas offering: anyone looking for a last-minute Christmas gift for their colleagues will now find that the “MPs’ Guide to Procedure” has been published, and I recommend every colleague might like to pick up a copy, and we are grateful for the hard work of the House staff in producing this.

On the final business questions of 2018, I would like to pay tribute to, and wish a very merry Christmas to, all the staff of Parliament: from the doorkeepers and caterers to the cleaners and the clerks, you all deserve a very well-earned rest.

It has been a busy year in Parliament and I know there are challenging days and big decisions ahead of us—there is no denying that. I would like to say at such an important time for Parliament that I know that, despite our differences, every Member comes to this place to do right by their constituents and their country. We should always remember that what brings us together is stronger than what divides us, and I pay tribute to all colleagues across this House for their commitment. With that in mind, I wish all Members a very happy and restful Christmas and the very best for 2019.

--- Later in debate ---

[Valerie Vaz]

I thank the Leader of the House for her business statement. It is a very interesting business statement, but before turning to it may I ask this question of the Leader of the House? She confirmed in replying to me on the draft Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018 that if a “reasonable request” was made for a debate, she would allow it. I thought I had made a reasonable request last week, but it appears to have been pushed through without a debate in a deferred Division. I also ask her to look at the question of statutory instruments. This issue was raised by the shadow Chancellor, who says that sometimes statutory instruments do not seem to have a named Minister. I am not sure that that is the correct way to proceed as there are wide-ranging powers. Will the Leader of the House look at the statutory instruments, so that we do not have a “To whom it may concern” on them?

I also asked about the draft Universal Credit (Managed Migration) Regulations 2018. Given that the new Secretary of State said yesterday when speaking to the Select Committee on Work and Pensions that she was not going to follow the prescribed time limit, may I ask that the Government withdraw this now, pending the results of the pilot scheme, to stop the full transition?

And where is the NHS 10-year plan? The Prime Minister did not answer that question yesterday in response to the hon. Member for Totnes (Dr Wollaston).

Turning to the business, we have a debate on Wednesday, on Thursday and possibly on Friday. It cannot have been difficult to give us the following week’s business, too. I can do it: Monday 14 January, continuation of the debate on the European Union withdrawal Act; Tuesday 15 January, debate on the European withdrawal Act, and the meaningful vote. The Prime Minister said in her statement this week:

“I can confirm today that we intend to return to the meaningful vote debate in the week commencing 7 January and hold the vote the following week.”—[Official Report, 17 December 2018; Vol. 651, c. 528.]

I hope she is true to her word and we do not have to rely on lip-readers. I ask the Leader of the House if this will be a new motion on a new deal or the old deal with an explanatory note. Do those hon. and right hon. Members who have already spoken get to speak again, and do those who did not speak before get to speak first now?

The Prime Minister pulled the meaningful vote, saying she had heard from hon. Members, but she had not because there were still two days of debate left—and former Ministers were among those waiting to speak—so let’s slay that unicorn. She had not heard from the House in a vote: it was just what the Government thought the House was going to do. I had not realised that the Government had additional powers of telepathy; I wonder if that is in “Erskine May”. I know the Prime Minister wants the Opposition to help her with her deal, so let’s slay that unicorn. The Prime Minister went to the EU with her red lines and her negotiating position. She cannot expect hon. Members now to come to her aid when she did not even consult us on her red lines in the first place. We in the Opposition were gagged.

What do businesses say? A Bristol-based online retailer said that, unless there is a Christmas Brexit miracle, he will move part of his business to Germany in January because of impending tariffs. The Institute of Directors said that business leaders were “tearing their hair out” at the current state of negotiations, and that

“the last thing businesses needed today was more uncertainty”.

The British Chambers of Commerce called on politicians to “redouble efforts” to stop a no-deal Brexit. The Cabinet is split on a managed no-deal and, it seems, on a second referendum.

I have a Christmas quiz, so fingers on buzzers. Who said this:

“The Conservative Party is suffering something like a nervous breakdown. To watch the Tories in the Commons is to watch a group that has lost much of its self discipline. Members openly insult each other, the leader has only just survived a vote of confidence, and the pro-Brexit European Research Group of backbenchers appears to have its own whipping system and policy platform”?

No, it was not the Leader of the Opposition, but Lord Finkelstein, writing yesterday in The Times.

Yesterday the Prime Minister was like a pantomime dame. The Government are like “Whacky Races”, or perhaps the spin-off, “The Perils of Penelope Pitstop”, with the Prime Minister as Penelope Pitstop, stopping off at EU capitals and being pursued by the Ant Hill Mob—the no-dealers, chasing unicorns. The Prime Minister has phoned all her friends and taken away all the answers, right and wrong, by pulling the vote, and she has failed to ask the audience. Can the Leader of the House guarantee that there will be a vote in the week commencing 14 January, just as the Prime Minister has stated in Parliament?

I too welcome the new procedure guide—many Members will have been accosted by the Chairman of Ways and Means as he handed them out in Portcullis House. I want to mention the colleagues who worked so hard on it, particularly Joanna Dodd. Thank you to Joanna and all her colleagues.

I want to thank you, Mr Speaker, and everyone who works in your office for all their support—they are the epitome of grace under pressure. I also thank the Deputy Speakers and all the House staff. Let us remember that it is the Clerk’s last Christmas in post. I thank the Serjeant at Arms; Phil and his team of doorkeepers; the House of Commons Library; the official reporters; the catering and cleaning staff; the postal workers; the police officers who provide additional security and back-up for the doorkeepers; and all the security officers on the estate.

We too sadly say goodbye and good luck to our three extremely experienced House staff who are leaving in January. Brendon Mulvihill has been with the House Service for 36 years, as head office keeper and head of service delivery. Les Stockwell is a service delivery manager with 42 years of experience. Noel Kirby has 41 years as a service delivery manger. Together, they have supported the House through 10 general elections. Les, you have been very helpful to me personally. I hope that they will all come back and see the House that they built, passing on their advice and support of this unique place, helping us to do our work for our constituents, understanding that this is a workplace, not just a visitor attraction.

I also want to mention MP4 and their latest release, which is quite significant because all the money raised goes to the charity Crisis. I also thank the Opposition Chief Whip and his office, and of course my staff. I wish all right hon. and hon. Members a peaceful Christmas and all good wishes for 2019.

[Andrea Leadsom]

I thank the hon. Lady for her many different points, and for her good wishes to the House. She raised a number of points on statutory instruments, and I have heard her request clearly. She will know that the Government have a good record in responding to reasonable requests from the Opposition for time for debates on the Floor of the House. We will continue to discuss such requests through the usual channels.

The hon. Lady made a point about designated Ministers with responsibility for statutory instruments, but I am not entirely sure that I caught it, so I will have to look it up in Hansard and write to her. To update the House, though, more than 290 Brexit statutory instruments have now been laid for Parliament to scrutinise, and very good progress is being made. We continue to provide as smooth a flow as possible for the sifting Committees in this House and the other place. We are quite clear that we have enough time to get all those urgent Brexit statutory instruments through. I hope that that reassures the House. The hon. Lady asked specifically about the universal credit statutory instrument; I shall take that away and take it up with the Secretary of State on her behalf.

The hon. Lady asked where the NHS 10-year plan is. She will be aware that our long-term plan for the NHS will see funding grow by £394 million more a week in real terms by 2023-24. That is the biggest investment in our NHS ever committed by a Government, and it is great news for the NHS. The NHS itself is writing its long-term plan for how it will use that money to provide a better service for patients, and we look forward to seeing that as soon as it is available.

The hon. Lady asked about the second week back after the Christmas recess. The business of the House will of course be subject to the motion, which will be put to the House on 9 January. There will then be the opportunity for the House to agree the business. She asked whether there will be a new motion; that will of course be subject to what the Prime Minister comes back with. As she has made clear, she is seeking legal reassurances on the issues around the backstop. Whether MPs will speak twice in the debate is a matter for you, Mr Speaker. It is matter for the Chair as to who speaks in debates.

Let me be clear: the hon. Lady suggested that the Prime Minister has not spoken to the Opposition, but she very much has. Throughout this Parliament the Government have been seeking to speak to Opposition Members closely and collaboratively about their concerns about the Brexit preparations. There were more than 280 hours of debate in the Chambers on the European Union (Withdrawal) Act, and it took more than 11 months for that Bill to go through Parliament. The hon. Lady will appreciate that there is a huge amount of consultation, and the Prime Minister is seeking to provide reassurance. If the hon. Lady wants uncertainty to be gone, she and her right hon. and hon. colleagues must take seriously the proposal that the Prime Minister will put before the House and seriously consider voting for it. That is the way to get rid of uncertainty for the country.

Finally, I should point out to the hon. Lady that Penelope Pitstop always wins through in the end. All the rotters and cads around her get defeated and she always wins.

Business of the House

Valerie Vaz Excerpts

Thursday 13th December 2018 Commons Chamber

[Valerie Vaz (Walsall South) (Lab)]

Will the Leader of the House give us the business for next week?

[The Leader of the House of Commons (Andrea Leadsom)]

The business for next week is as follows:

Monday 17 December—My right hon. Friend the Prime Minister will make a statement, followed by a motion to approve the draft Online Pornography (Commercial Basis) Regulations 2018, followed by a motion to approve the draft guidance on age-verification arrangements 2018, followed by a motion to approve the draft guidance on ancillary service providers 2018.

Tuesday 18 December—Second Reading of the Mental Capacity (Amendment) Bill [Lords].

Wednesday 19 December—Debate on a motion on disability benefit, followed by debate on a motion on mental health first aid. The subjects for these debates were determined by the Backbench Business Committee.

Thursday 20 December—Debate on a motion on Rohingya. The subject for this debate was determined by the Backbench Business Committee.

Friday 21 December—The House will not be sitting.

--- Later in debate ---

[Valerie Vaz]

I agree with you about “Erskine May”, Mr Speaker; the public will now be able to see what the Government are up to, so that is good. May I also acknowledge that the House has a female photographer, Jessica Taylor, who is absolutely marvellous? She does us all proud, because we all look better in her photographs, for some reason.

I thank the Leader of the House for giving us the business for next week. I do not know whether I heard her properly, but has she given us all the business for next week? I did not hear when the debate on the meaningful vote will resume. Obviously, it is not listed for next week, so when will it come back? Each week we stand here and we trust what the Leader of the House says and we trust the agreements we make. How can we continue to trust this Government? Their mantra is, “Nothing is agreed until it is agreed”, but it should now be, “Nothing is agreed ever.” Even now, the Prime Minister, having made an agreement with the EU, is saying that she will go back and find another way. The Government spent money, and Ministers spread out around the country, but the people they had to convince were here in Parliament. What did the Government do? They did not listen to Parliament—in fact, they told Parliament to shut up. The Leader of the House said this was “Parliamentary pantomime”, but it is not. The Opposition have used settled rules of Parliament to hold the Government to account. At each stage of this process, we have had to drag Ministers back to the Dispatch Box to give us financial information and other impact information on what is happening.

The Government have ridden roughshod over the democratic rights of Members. Mr Speaker, you sat through all the contributions and on one of the days we were here until 1.30 am. Hon. Members were here until then. Time limits were applied, showing that hon. Members had to be curtailed in their speeches. One hundred and sixty-four hon. Members were heard, and almost the same amount of other hon. Members had written their speeches and their contributions were stymied. The Leader of the House must say when they will be given the chance to make their case. Will the debate be resuming or will we have a debate on a new deal—which is it? The Prime Minister cannot amend the agreement, so it is, in effect, just an explanatory note, is it not? Can the Leader of the House clarify whether it will be an addendum or an explanatory note?

The Leader of the House said on Monday, and other Ministers have said this, that we will have our meaningful vote “soon”, “shortly” and “before 21 January”. She said five times on Monday that she is Parliament’s voice in government. Parliament spoke with the vote on the emergency debate on the cancellation of the vote—the vote was won by 299 to zero, which is more resounding than 200 to 117. So on Monday will she make a business statement to say when the meaningful vote will come back before Parliament?

We have had a number of statutory instruments given in the business for next week. I note that the new Secretary of State for Work and Pensions has said that she will look at the draft Universal Credit (Managed Migration) Regulations 2018. Can the Leader of the House confirm that those regulations have now been withdrawn? We will also have the Draft Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018 to consider. That statutory instrument is one of a large volume of items of secondary legislation. It sets up a functioning regulatory framework if the UK leaves the European Union without a deal. The size and scope of that SI are completely different. Because of the volume of potential legislative changes, the Treasury has set out a Keeling schedule, and it spent time and money setting out that schedule. As the Government are going to all that effort, will the Leader of the House please confirm that we will debate those regulations on the Floor of the House?

I note that a written statement on immigration is to be published today. So far, it has been impossible to access it; is it the immigration White Paper?

While the Government have been distracted in Committee Room 14, local councils have been waiting to set their budgets. I know that you get upset by points of order, Mr Speaker—or perhaps you do not; perhaps you like them—but my hon. Friend the Member for Denton and Reddish (Andrew Gwynne) made one yesterday on the local government settlement, so I am pleased that there will be a statement on it later. I am also pleased that there will be a statement on the police settlement. I, too, offer my thanks to the police officers who contained the incident on Tuesday, and who keep us safe every day.

Yesterday, at Prime Minister’s Question Time, the Prime Minister said that the Government are establishing a 10-year plan for the sustainability of the NHS. Where is it? The plan was promised in September, then in autumn, and then in early December, but still there is nothing. Will the Leader of the House say when it will be published?

The Government are running away from their responsibilities and leaving the country in a mess—so much so that the Prime Minister has said that she will not be around at the next election to be held accountable for her policies so far. There is something to celebrate, though: the tax on visiting Wales has ended, because the Severn bridge toll will end on Monday.

I pay tribute to the hon. Member for Banbury (Victoria Prentis) for all her charitable work on the carol service—it all seemed to get lost on Tuesday. She has raised an enormous amount of money already, but is encouraging us to organise carol concerts so that we can all contribute and add to her charitable work. We have to hurry, though, because we have only 12 days till Christmas.

[Andrea Leadsom]

I am certainly grateful to the hon. Lady for mentioning the lovely concert that my hon. Friend the Member for Banbury (Victoria Prentis) arranged in St Margaret’s church. It was really wonderful, and we were treated to the rather amazing singing voice of my hon. Friend the Member for Colchester (Will Quince)—who knew? It was a very enjoyable experience and was for a fantastic cause. We heard some extraordinary and heart-wrenching stories about the current plight of Syrians, so it was incredibly important.

The hon. Lady asked when the meaningful vote will come back to the House. As my right hon. Friend the Chancellor of the Duchy of Lancaster said on Tuesday, the Government will bring the debate and vote back to the House by 21 January at the latest.

The hon. Lady asked about the Prime Minister. She will understand that the Prime Minister came to the House to make a statement to say precisely that it is because she is listening to the debate in this House that she is going back to the EU, because she recognises that hon. Members require not only reassurances but legally binding reassurance that we cannot be trapped in a backstop permanently. That is what the Prime Minister is seeking. Hon. Members should rest assured that the Prime Minister is very much seeking to address the concerns expressed by the House.

The hon. Lady asked about statutory instruments. She will be aware that it is a matter of parliamentary convention that, if a reasonable request for a debate has been made, time is allowed for that debate. We have demonstrated during this Session that the Government have been willing to provide time, in line with the convention to accede with reasonable Opposition requests. I know that the Opposition would like to debate a number of statutory instruments on the Floor of the House, and we are looking at them carefully.

The hon. Lady asked about the immigration White Paper. I assure her that it will be published next week, before Christmas, shortly followed by the immigration Bill itself.

The hon. Lady asked where the NHS 10-year plan is. It is being drawn up by the NHS itself. The Government have provided the biggest ever investment in our NHS, and we are very proud to be doing that. It will transform services for all patients right across the country.

Business of the House

Valerie Vaz Excerpts

Monday 10th December 2018 Commons Chamber

[Valerie Vaz (Walsall South) (Lab)]

May I just clarify something with the Leader of the House? Did she say that there would be a further debate after the Ivory Bill? We did not quite hear that properly. I thank the Leader of the House for her statement and for the business for the next few days.

Before I get to the matter of the deferred debate and the vote, I would like to register our deep dissatisfaction that the Government have announced a substantive debate on the remaining stages of the Courts and Tribunals (Judiciary and Functions of Staff) Bill for Wednesday. This is an important Bill and proper notice should have been given to the House to ensure that Members had proper time to table amendments and to prepare to scrutinise the Bill. By giving less than two sitting days’ notice, it is now impossible for Members to table amendments that will not be starred. But I suppose the Leader of the House is quite grateful that she will not have to vote on the withdrawal agreement, because it has been widely briefed that she never supported the proposals.

On Tuesday 4 December, this House unanimously agreed a business of the House motion, which sets the rules and timetable governing the meaningful vote debate. The Prime Minister has today unilaterally announced that she will, in her words:

“defer the vote scheduled for tomorrow and not proceed to divide the House at this time”.

Neither the Prime Minister nor the Leader of the House have today confirmed the date for the conclusion of the debate or the votes. That shows a complete disregard for Parliament and for the rights of the House, as well as for the 164 hon. Members who have already spoken in the debate, and I think almost the same number of hon. Members—perhaps more—planned to speak today and tomorrow. Once again, the decisions of Parliament are being ignored. It is clear, as the Prime Minister admitted in her statement, that she has decided to avoid a heavy defeat on her deal in the House of Commons tomorrow. Again, Parliament is being given no opportunity to express its view on her negotiation.

Mr Speaker, you earlier set out two options available to the Government to alter the business. The first “infinitely preferable” option is for a Minister to propose moving to the Adjournment so that the House has an opportunity to vote on this proposition. The second is that the Government Whip does not move the debate on the meaningful vote for today. It cannot be right that the Government can unilaterally alter arrangements once this House has agreed on a timetable without the House being given an opportunity to express its will. The public will look at the behaviour of the Government and how they treat their democratically elected representatives and despair—the Government are denying the vote because they are going to lose.

Our constitution works on the basis that the Government control the business of the House of Commons because they have a majority in this House. However, the Government appear to be avoiding a vote on a change to the business because they fear they do not command a majority. Can the Leader of the House confirm whether the debate will be resumed and completed this side of Christmas? Does she think it is reasonable to wait until Thursday before confirming the business for the final sitting week before Christmas? Can she also confirm that the House will rise for the Christmas recess on Thursday 20 December and return on Monday 7 January—2019? [Laughter.] Can she confirm that Parliament will be given an opportunity to debate and inform the Government’s negotiating strategy with the EU? Can she confirm that they will not bring forward the implementation Bill next week before Parliament has made a decision on a section 13 approval motion? Most importantly, can the Leader of the House please confirm that the Government will treat Parliament with respect, honour the terms of the original business of the House motion as agreed, and therefore seek to move a motion for the adjournment after the statements today, so that this House, not the Prime Minister, agrees whether to defer the meaningful vote?

[Andrea Leadsom]

I am grateful to the hon. Lady for her questions. She asks about the business on Tuesday 11 December. Consideration of Lords amendments to the Ivory Bill will be followed by a general debate on fuel poverty.

The hon. Lady asks about the business of the House motion. What I can say is that, in strict procedural terms, our intention this evening after the ministerial statements is to defer the debate until “tomorrow”. Members will be aware that this is a very common procedure. The Government often name “tomorrow” as the next date in deferring an order of the day—for example, we do this at the end of a Second Reading debate. It is then for the Government to decide when to bring that order back for debate. That is in line with the normal convention that the Government decide on the order of business.

The hon. Lady asks whether the House will still rise for Christmas on 20 December and return on 7 January. What I can say to her is that the House has agreed—that that recess is accepted. It is therefore a matter for the House. So the House will rise for Christmas as planned. She asks whether—[Interruption.] She asks whether there will be time for debate—[Interruption.] I can say to the hon. Lady—[Interruption.] Mr Speaker, would you like to call for order?

Business of the House

Valerie Vaz Excerpts

Thursday 6th December 2018 Commons Chamber

[Valerie Vaz (Walsall South) (Lab)]

Will the Leader of the House please give us the forthcoming business?

[The Leader of the House of Commons (Andrea Leadsom)]

The business for next week will include:

Monday 10 December—Continuation of debate on section 13(1)(b) of the European Union (Withdrawal) Act 2018 (day 4).

Tuesday 11 December—Conclusion of debate on section 13(1)(b) of the European Union (Withdrawal) Act 2018 (day 5).

Wednesday 12 December—Consideration of Lords amendments to the Ivory Bill, followed by a general debate on fuel poverty.

Thursday 13 December—A general debate on the public health model to reduce youth violence.

Friday 14 December—The House will not be sitting.

The House of Commons is now midway through our historic debate on the Prime Minister’s Brexit deal. Yesterday, my noble Friend Baroness Evans opened the Brexit debates in the other place. Come the meaningful vote on Tuesday, we will have spent about 38 hours debating the deal, on top of the hundreds of hours we have already spent in this place debating our exit from the EU. I hope that, with all views taken into account, and in the final analysis, Members will choose to support the deal we have on the table.

This week we are also midway through the Festival of Light, and I wish everyone in our Jewish communities a very happy Hanukah.

Finally, yesterday was International Volunteer Day. During business questions we often hear about fantastic examples of volunteering from right across our communities, so it is right that we all recognise the fantastic work that they do.

[Valerie Vaz]

I thank the Leader of the House for the forthcoming business. I note that there is only one week to go and we do not have the business for the final week. Will the Leader of the House confirm that the House will definitely rise on 20 December and return on 7 January? She will know that there are discussions, not quite about Christmas being cancelled, but about the day that the House rises.

I have raised this issue previously and my hon. Friend the Member for Bristol West (Thangam Debbonaire) has asked very nicely a number of times: when will the immigration White Paper be published?

It has been a momentous week, not least for you, Mr Speaker, because you were in the Chair for 14 hours on Tuesday. I suppose some could argue that it kept you out of mischief. I wish to comment on the proceedings because we need to separate them out from the debate on the deal. The Solicitor General said on television that this was a “complete diversion” and a

“concocted parliamentary parlour game that should be stopped”.

The Attorney General said that it was time we all

“grew up and got real.”—[Official Report, 3 December 2018; Vol. 650, c. 563.]

The Leader of the House’s comment on the radio that we would “live to regret” the vote was slightly threatening and she described the vote as “incredibly disappointing”. It was not disappointing; it was an inevitable consequence of the process and the Government’s failure to comply. It is quite surprising, because the Law Officers would expect everybody to comply with a court order. There was an order from this House and the Government failed to comply. The Government should have known better. The process is set down in the procedure and all Opposition parties were united. It was the will of the House to ask for the advice, which we have finally got, but the Government initially refused to give it. They could have given it, but regrettably chose to test the procedures of Parliament, and those procedures were then engaged. This shambolic Government will go down in history as the first Government to be held in contempt of Parliament. All that was within their control. Will the Leader of the House now accept that it was the Government’s own stubbornness that put them in that position?

On Monday, the Attorney General undertook to send you a letter, Mr Speaker. He said that he would be writing to you that evening. My hon. Friend the Member for Oldham West and Royton (Jim McMahon) then asked whether we could all have a copy. Will the Leader of the House say what was in that letter and whether it has been published? [Interruption.] The Leader of the House should check Hansard, because he did say that he was going to write to Mr Speaker.

Will the Leader of the House correct the record? Last week, she said that there was an economic assessment of the draft agreement, but in fact the cross-departmental Treasury analysis was based on the Chequers plan, not the agreement. While we are at it, I am working my way through the agreement and I wonder whether the Leader of the House could take away the idea that its formatting might be done differently. If Members look at page 132, they will see that it is blank, apart from the title. There are lots of white spaces on the pages, so perhaps it would be a smaller and easier-to-read agreement if all the space were taken up. Do have a look at it.

I have now reached the protocol on Ireland and Northern Ireland, so it is helpful that the legal advice has been released and can be read in conjunction with it. It is right that Members should have all the information before them if we are to make this momentous decision.

The Leader of the House will know that we are apparently paying £39 billion to the EU, but I should point out that, according to article 53, on access to relevant networks, information systems and databases, the UK will have to reimburse the Union for facilitating that access. That requirement goes through the agreement in a number of places, so is the Leader of the House expecting the Chancellor to make a supplementary financial statement? If so, when?

Will the Leader of the House confirm that she is actually asking Members to back the deal? I say that because Labour Whips have tweeted that she did not actually ask Members to back the deal; she asked them to “focus” on the deal. Could she definitively say that she also backs the Prime Minister’s deal?

It is chaos. It seems the Treasury is in chaos. This is a comment that was made: “I embrace chaos. I’m a thrill seeker”. That was not the Gilet Jaunes; it was the Chief Secretary to the Treasury who was overheard saying that. It might be chaos and thrill seeking that has caused the Treasury not to provide the local government settlement for 2019-20. It has been cancelled. It was due to be announced today. Will the Leader of the House say when the Secretary of State for Housing, Communities and Local Government will make an oral statement to the House?

We are also missing the NHS 10-year plan and I am not sure what is happening about the police settlement either. Almost 80 leaders of Labour councils have written to the Secretary of State asking that any funding cuts—the figure of £1.3 billion has been mentioned—be cancelled at an absolute minimum and saying that to press on blindly with further cuts at a time when local government is on the brink of collapse would be hugely irresponsible—a bit like the Government not complying with the order to provide the legal advice. Or is it only the few in Northamptonshire who get a bail-out without an oral statement?

There is more chaos and thrill, but now in the Department for Education. As the shadow Secretary of State said—at the time, there was not a higher education Minister in place, but there is now—the student loan book, which was worth £3.5 billion, has been sold for £1.7 billion in upfront cash. The Office for Budget Responsibility said that this does not strengthen public finances. Can we have an urgent statement on the student loan book sell-off?

I want to pay tribute to Toby Jessel, who sadly died on Tuesday. He was my first MP. My hon. Friend the Member for Newport West (Paul Flynn) tells a funny story about how Toby Jessel was wearing this bright green and red tie one day. While he was speaking to the House, they found something sticking out of his trousers, which led the TV commentator to say it was his tie. I was a Labour candidate in Twickenham in 1987, and both Toby and his wife Eira Heath were wonderful and kind to me. It was my first outing. He was irrepressible and a gifted pianist.

Monday is Human Rights Day. The Attorney General said on Monday that the European convention on human rights is protected by the Belfast agreement, so there is no divergence between Northern Ireland and the rest of the UK. I am sure that the ECHR is also embedded in our laws in perpetuity. I look forward to celebrating Hanukkah in Speaker’s House later, and I wish you and Sally a very happy anniversary tomorrow, Mr Speaker.

[Mr Speaker]

It is extraordinarily kind of the shadow Leader of the House to do that. Perhaps I may be permitted to wish her a happy birthday.

Business of the House (European Union (Withdrawal) Act)

Valerie Vaz Excerpts

Tuesday 4th December 2018 Commons Chamber

[Valerie Vaz (Walsall South) (Lab)]

I thank the Leader of the House and acknowledge that she has been in the Chamber since lunchtime. I hope that she gets the chance to have a break.

I do not intend to detain the House long on this matter. The Opposition support the business of the House motion. We are glad that the Government have seen sense, and that the motion accepts that the House will deal with amendments in the usual way, before the main motion. We welcome the fact that the Government have accepted the recommendations of the Procedure Committee, and I would like to put on record our thanks for its report.

The Labour party will support the amendment in the name of the right hon. and learned Member for Beaconsfield (Mr Grieve) and others. There is an important principle here. The Government are accountable to Parliament. At every stage in this process, the Government have sought to prevent Parliament from having a meaningful say on how this country approaches the withdrawal from the EU. The Prime Minister has sought to sideline Parliament. The amendment would simply ensure that Parliament would be given another meaningful say if the Government lose on Tuesday—no true democrat and parliamentarian could vote other than in favour. We support the motion.

Business of the House

Valerie Vaz Excerpts

Thursday 29th November 2018 Commons Chamber

[Valerie Vaz (Walsall South) (Lab)]

Will the Leader of the House give us the forthcoming business?

[The Leader of the House of Commons (Andrea Leadsom)]

The business for next week will be:

Monday 3 December—Second Reading of the Crime (Overseas Production Orders) Bill [Lords].

Tuesday 4 December—Proceedings on a business motion relating to section 13(1)(b) of the European Union (Withdrawal) Act 2018 followed by debate on section 13(1)(b) of the European Union (Withdrawal) Act 2018 (day 1).

Wednesday 5 December—Continuation of debate on section 13(1)(b) of the European Union (Withdrawal) Act 2018 (day 2).

Thursday 6 December—Continuation of debate on section 13(1)(b) of the European Union (Withdrawal) Act 2018 (day 3).

Friday 7 December—The House will not be sitting.

The provisional business for the following week will include:

Monday 10 December—Continuation of debate on section 13(1)(b) of the European Union (Withdrawal) Act 2018 (day 4).

Tuesday 11 December—Conclusion of debate on section 13(1)(b) of the European Union (Withdrawal) Act 2018 (day 5).

Wednesday 12 December—Consideration of Lords amendments.

Thursday 13 December—General debate on public health model to reduce youth violence.

Friday 14 December—The House will not be sitting.

Colleagues will also wish to know that, subject to the progress of business, the House will rise for the Easter recess at the close of business on Thursday 4 April 2019 and return on Tuesday 23 April 2019.

Small Business Saturday reaches millions of customers and businesses every year. I encourage everyone out and about doing their Christmas shopping this weekend to support their local high streets, which do so much to keep our communities thriving. Also, Saturday is World AIDS Day. Over 100,000 people are living with HIV in the UK alone, and globally there are nearly 37 million people who have the virus. This is an opportunity for people worldwide to unite in the fight against HIV. Finally, may I wish everyone, in particular all our colleagues north of the border, a very happy St Andrew’s Day for tomorrow?

[Valerie Vaz]

May I thank the Leader of the House and say “Hallelujah”? We are rising on my niece Anjali’s birthday, so I will not forget that.

The Leader of the House has helpfully set out the timetable for the debate in the coming weeks—it is the first time that we have had two weeks for some time—but what chaos in the run-up to the debate. Let us start with the debate. After struggling to clarify what will happen on the business motion, could the Leader of the House finally agree that the Government have now conceded the recommendation in the Procedure Committee’s report that the Government take the amendments first before the Government’s main motion? We have now heard from the Solicitor General, who is very excellent in his role, about the legal advice, but why does it take an urgent question to fulfil the will of Parliament? This is not about the legal advice on an everyday matter; it is of major constitutional significance to our future. The House has asked for the legal advice that was given to the Government. The Government have taken the legal advice and now they are saying that they will formulate that, along with every other advice, and give us the Government’s legal position. That is not what was asked for.

My hon. Friend the Member for Bristol West (Thangam Debbonaire) mentioned the motion and I will read it out again:

“that the following papers be laid before Parliament: any legal advice in full, including that provided by the Attorney General, on the proposed withdrawal agreement”.

That is very narrow. It is not about everything that the Government need to do. So in my view, the Government are not interpreting the Humble Address as passed by the House. A position statement can exclude that part of the advice that states that the Government may or may not be acting appropriately, or the consequences of the way in which the Government act. We need clarity and transparency. This is in the national interest. We govern in the people’s name, not in our own name.

And there is no economic analysis on what we are going to vote for. There seems to be an economic analysis on every other model, except the ones on the deal. If the Government are prepared to do that, which shows that we will be in a worse position unless we stay in the EU, the Government should publish the legal advice in full. Could the Leader of the House go back to the Cabinet and confirm today that, as a member of the Privy Council, she will follow the directions of Her Majesty and provide the legal advice, as requested? Otherwise the Government, like Zuckerberg, will just be treating Parliament with contempt. That is what is going to happen.

I turn the Leader of the House’s attention to the statutory instruments. According to the Government’s own deadline, as set out in the 25 October letter from the Under-Secretary of State for Exiting the European Union, the hon. Member for Daventry (Chris Heaton-Harris)—I do not think he is in the Chamber—they have until tomorrow to lay almost 50% of the Brexit SIs that they said they would lay in November. The Government have so far laid only 73 Brexit SIs in November, which is well below the 150 to 200 they said they would lay this month. We have had 55% of the time and only 22% of the SIs have been laid. Can the Leader of the House please say whether the Government will be on track to meet their own target?

In her statement on Monday, the Prime Minister said of her deal:

“It takes back control of our borders, and ends the free movement of people”.—[Official Report, 26 November 2018; Vol. 650, c. 23.]

She said that right at the start, as one of the most important parts of the deal, yet can the Leader of the House say when the immigration White Paper will be published? The Prime Minister was asked and she could not respond. All we have had so far is the Migration Advisory Committee’s report.

The Prime Minister also said that she has a shopping list that is longer than the Opposition’s six tests, but she failed to say that a growing number of British citizens are taking their shopping list to food banks. The Opposition have a shopping list of our own for how we want to transform society when we are in government, and ending child poverty is at the top. I hope that the Leader of the House will remind the Prime Minister that the Leader of the Opposition has written to her about the report of the United Nations representative, Professor Alston, on his visit to the UK. I know the Leader of the House will be interested, because Professor Alston mentioned Northamptonshire in his report. He described the Government’s approach to social security as “punitive” and “mean-spirited” and he highlighted the hardships facing disabled people. That is why my hon. Friend the Member for Battersea (Marsha De Cordova) wanted to remind us that yesterday was the United Nations International Day of Disabled Persons.

Welfare has been cut since 2010 and £28 billion has been cut from social security for disabled people. Disabled student’s allowance has helped many students find their talent—rather than restricting it as the Government have done. The Government are asking students to stump up £200 before they even get DSA. When will the Government publish the evaluation of the impact of recent changes to DSA? It was due to report in late summer. The Leader of the House is a fan of “Game of Thrones.” Now that winter is coming, can we have that evaluation report?

Last week I mentioned Harry Leslie Smith, who was not well. He has since died, and so has Baroness Trumpington. They were the world’s oldest rebels. Let us hear what Harry Leslie Smith said:

“We have become enamoured by the escapism populist politics provides, where we can fit the blame of our woes on migrants or big institutions”.

He also said:

“We have resisted the darkness that comes to societies that are decayed by their contempt of democracy”,

whether outside or in this House. I want to mention those who have shone a light into the darkness, following Harry Leslie Smith, particularly those who won at the Political Studies Association awards on Tuesday: Amelia Gentleman, who shone the light in her work on Windrush; Carole Cadwalladr, who has shone the light into the darkness of our democracy; my right hon. Friend the Member for Tottenham (Mr Lammy), who was politician of the year; and my hon. Friend the Member for Kingston upon Hull North (Diana Johnson), who was parliamentarian of the year. This House applauds and salutes them.

[Andrea Leadsom]

I am glad the hon. Lady is pleased that she gets to spend her niece’s birthday with her when the House rises for Easter—that is excellent news. I am also delighted to join her in congratulating all those who won awards for their contribution to making our society a better place and in commemorating Harry Leslie Smith and Baroness Trumpington, both of whom made such a big impact in their contributions to society.

The hon. Lady asked about the recommendations of the Procedure Committee and whether the proposed business motion on the meaningful vote addresses them. I can say that, yes, that is the case, in so far as time constraints and practicalities allow in both Houses. The Procedure Committee recommended that amendments should be taken before the main motion is considered and that there should be a minimum of five full days for debate, both of which are happening. The House should be pleased about that.

On the Humble Address, I want to reiterate that we absolutely recognise that there is a legitimate desire in Parliament, from Members in all parts, to understand the legal implications of the deal once it is finalised. The Government will make information available to all Members of the House; there will be a full reasoned position statement laying out the Government’s legal position on the withdrawal agreement. Equally, the hon. Lady will know, as a lawyer herself, that it is a fundamental and long-standing principle of our system of government that Law Officers’ advice is not published without their consent.

The hon. Lady asked about economic analysis on the deal. I am not entirely sure, but she seems to be suggesting that the economic analysis includes everything other than the deal that is on the table. That is not the case; the withdrawal agreement and political declaration economic analysis is, in fact, included in the analysis that has been put out by the Treasury. She asked about statutory instruments. She is right to say that as of 27 November, 185 Brexit SIs have been laid so far, with 79 so far in November. We expect a total of 120 to 130 by the end of this month. She is right to point out that that is a bit below the 150 to 200 figure outlined by the Under-Secretary of State for Exiting the European Union, my hon. Friend the Member for Daventry (Chris Heaton-Harris), in his letter to the sifting Committee. However, as I have tried to make clear at all times, we are getting a firm grip on secondary legislation, and I remain confident that we will get all of the secondary legislation that we need to do through in time for departure date. The number of SIs is below what we originally thought; we now think the total number could be up to 700, but I am confident we will remain in a good place to get all of that passed in time.

The hon. Lady made mention of the Prime Minister’s shopping list. No doubt the Prime Minister is very busy at the moment and is paring her grocery shopping back to the bare limit, but the hon. Lady makes an important point about food banks. Everyone in this House pays tribute to those who contribute to the efforts of civic society to contribute to the food poor. People use food banks for many and varied reasons, and the Government are constantly reviewing research carried out by organisations, including great organisations such as the Trussell Trust, to add to our understanding of food bank use. However, I must point out to her that, in terms of where our society is, since 2010 there are 1 million fewer people in absolute poverty—it is at a record low; there are 300,000 fewer children in absolutely poverty, which is another record low; and there are 500,000 fewer working-age adults in absolute poverty, which is a record low. Those are things we can be proud of. This is in addition to the amazing performance of our economy, with more than 3 million more jobs since 2010. That means more people with the security of a pay packet able to support their own family and an improving standard of living.

Business of the House

Valerie Vaz Excerpts

Thursday 22nd November 2018 Commons Chamber

[Valerie Vaz (Walsall South) (Lab)]

Will the Leader of the House please set out the forthcoming business?

[The Leader of the House of Commons (Andrea Leadsom)]

The business for next week will be:

Monday 26 November—A general debate on the 100-year anniversary of the Royal Air Force.

Tuesday 27 November—Second Reading of the Courts and Tribunals (Judiciary and Functions of Staff) Bill [Lords].

Wednesday 28 November—Remaining stages of the Offensive Weapons Bill.

Thursday 29 November—A general debate on improving education standards.

Friday 30 November—The House will not be sitting.

This week marks the centenary of the Parliament (Qualification of Women) Act 1918, which first allowed women in the UK to become MPs. Since then, 489 women have been elected to Parliament, compared with more than 4,500 men. Clearly, we have a way to go to achieve a 50:50 Parliament, but I was encouraged to see so many enthusiastic women come to Westminster yesterday, including some of my constituents, as part of the Ask Her to Stand campaign.

This week is also Road Safety Week, an initiative to inspire thousands of schools, organisations and communities to take action on road safety and promote life-saving messages. I was pleased to provide time for debate on this vital issue earlier this month.

[Valerie Vaz]

I thank the Leader of the House for the short business statement. Again, the date for the Easter recess has not been fixed. I remind the Leader of the House that Easter is on 21 April, so it cannot be beyond the Government’s capability to work out the recess dates around that. Will she also say what the position is on the sitting days for consideration of private Members’ Bills?

There is nothing but a general debate on two of the days next week. Will the Leader of the House confirm that the Prime Minister will make a statement following the special summit of the EU on 25 November, whether it has been postponed or not, as I understand that the Prime Minister is also meeting Jean-Claude Juncker?

I want to correct the record. Last week’s Official Report makes ghastly reading. The Leader of the House said that she wanted to see some evidence, but obviously she was not in the Chamber—she was discussing the deal at No. 10—when a number of points of order were raised about when Parliament would be told about the deal. There was genuine disbelief from hon. Members of all parties that there was a suggestion of a press conference at 9 pm. When I raised that in a point of order, a journalist emailed saying, “We need to have our dinner—why are you saying 9? We have been told that the deal will be announced at 7.” That is one piece of evidence. The second is that the Government ended the business early so that there was no opportunity for the Prime Minister to come to the House and make a statement that day. There were no discussions through the usual channels about the Prime Minister making a statement to the House first. I read the ministerial code into the record last week and it clearly says that important statements must be made in the House first. We are not a vassal Parliament with an overbearing, non-accountable Executive.

Last week, I also asked the Leader of the House about the provision of the legal advice on the proposed withdrawal agreement. That does not have a 12-week deadline. In her evidence to the Select Committee on Public Administration and Constitutional Affairs on Monday, she said that the Government will seek to do that whenever possible while not undermining either the law or long-standing constitutional conventions. We are not asking for legal advice every day. We are just asking for the legal advice on this most important issue that confronts our country—these are extraordinary circumstances. The House has resolved on a Humble Address calling for the advice to be published. We do not want a position statement; we want the advice to be published.

Curiously, the Leader of the House seems to want to abide by some conventions but not others. Will she abide by the convention of collective Cabinet responsibility? The Cabinet agreed the deal last Wednesday, but by the weekend the Leader of the House and the gang of five were meeting to say that they were going to make amendments to the agreement. May I ask how that is going? Will the Leader of the House be abiding by the convention of Cabinet responsibility, or will the gang of five be tabling lashings of amendments?

I ask that because the Procedure Committee’s eighth report of Session 2017-19, “Motions under section 13(1) of the European Union (Withdrawal) Act 2018”, calls for a bespoke business of the House order and amendments to the motion to be decided on first. Will the Leader of the House confirm whether the Government have responded to the Procedure Committee’s report, and if not, when they will respond? On that note, will she say when the meaningful vote on the deal will take place, and whether we are going to have a debate before the vote?

On the home front, the Government conceded on our amendments to the Finance Bill. The Opposition made a powerful case, which was clearly so compelling that the Government accepted our amendments. Given that those proposals were in our manifesto, there is a serious point to be raised: are the Opposition in a confidence and supply agreement with the Government? Should the Government not step aside and either let the Opposition govern or have a general election?

The Leader of the House mentioned two general debates. Could we have a debate on the visit to the United Kingdom by Philip Alston, the United Nations rapporteur on extreme poverty and human rights? His report is very succinct. If we have a debate, we can hear what the Government have to say about it, and other parties can also put their views.

The London Eye was finally lit up in suffragette colours yesterday. Hon. Members—men and women from across the House—went to the Terrace as we celebrated the centenary of some women getting the vote. Let us remember that on the Opposition side, our parliamentary party is made up of 45% women. That is more than all the other parties put together. [Interruption.] Our positive action—[Interruption.] Let me just finish. So our positive action—[Interruption.] Ooh, very sensitive! Our positive action is like a pyramid; we have a solid base. We, too, had two female leaders, and I can say to the House that they were not acting—they were doing it for real. However, it is good to celebrate a House that represents the full diversity of our country.

Finally, I want to send Harry Leslie Smith our good wishes for a speedy recovery. Harry is a political commentator and outspoken campaigner against austerity and the privatisation of the NHS. He is a former RAF pilot and a veteran of the second world war. He is in hospital, and we wish him a speedy recovery.

[Hon. Members]

Hear, hear.

Electoral Commission

Valerie Vaz Excerpts

Tuesday 20th November 2018 General Committees

[Valerie Vaz (Walsall South) (Lab)]

It is a pleasure to serve with you in the Chair, Ms Buck. I thank the Leader of the House for speaking to the motion and also the interview panel appointed by Mr Speaker, the independent chair, Dame Denise Platt, and the chair of the Electoral Commission, and the members of the Speaker’s Committee on the Electoral Commission, the hon. Member for Morley and Outwood and my hon. Friend the Member for Newport East. Let me also place on record our thanks to outgoing commissioners, John Horam, David Howarth and Bridget Prentice, whose term of office came to an end on 30 September 2018. I note that the report, to which the Leader of the House alluded, refers to a delay by the political parties in responding to the Speaker’s letter in November 2017.

The panel’s unanimous verdict was that Lord Gilbert of Panteg, Alastair Ross and Joan Walley be appointed as electoral commissioners. Her Majesty’s Opposition endorse the appointments. Lord Gilbert of Panteg has over 30 years’ experience of political service and has held a number of senior roles in the Conservative party, including political secretary to the Prime Minister. He is currently still in the legislature, albeit in the other place. Can the Leader of the House confirm there are no conflicts relating to his appointment, including his terms of office on any Joint Committees on which he serves?

All will have to abide by the Nolan principles, but can the Leader of the House confirm that, as a member of a lobbying company, Lord Gilbert does not currently represent any firms relating to data analytics, and whether he has had any dealings with firms currently or previously investigated by the Electoral Commission or that have broken electoral law?

Alastair Ross was a Member of the Northern Ireland Assembly until 2017 and held ministerial office in the Executive Office. Mr Ross has valuable experience as Chair of the Committee for Justice and the Committee on Standards and Privileges. As an elected representative in a different jurisdiction, his appointment will be beneficial to the Electoral Commission.

Those two candidates are not known to me, but Joan Walley is. She was the MP for Stoke-on-Trent North for 28 years, during which time she chaired the Environmental Audit Committee for five years. Her experience as Chair of that Committee will serve her well on the Electoral Commission. Since leaving Parliament, she has taken on several non-executive roles, which have obviously given her relevant board experience.

Subject to those questions, Her Majesty’s Opposition endorse the appointments of these three commissioners.

[Andrea Leadsom]

I thank the hon. Lady for her comments and for her question. The Speaker’s panel is set up by the Speaker. I am here as Leader of the House to put forward the recommendations of the panel. She has asked a very serious and sensible question, but I cannot answer it; it is not a matter that I was at all involved in. As I say, I am here to put forward the recommendations of the panel. As a fellow member of the House of Commons Commission, she will know that for each of those panels the Speaker does a significant amount of due diligence, so I am quite confident that any issues of conflict would have been addressed. I do not want to raise any doubts about that, but I cannot answer the question as I have not been involved in the matter. If she has reservations, she should take them up with the Speaker’s Office directly.

[Valerie Vaz]

The Leader of the House is speaking to a motion in her name, and I am sure she will be able to write to me or will have an answer to those questions when the House comes to endorse the appointments.

[Andrea Leadsom]

I am happy to agree.

Question put and agreed to.

Business of the House

Valerie Vaz Excerpts

Thursday 15th November 2018 Commons Chamber

[The Leader of the House of Commons (Andrea Leadsom)]

I would like to announce that the business for next week will be:

Monday 19 November—Consideration in Committee of the Finance (No. 3) Bill (day 1).

Tuesday 20 November—Continuation of consideration in Committee of the Finance (No. 3) Bill (day 2).

Wednesday 21 November—Second Reading of the Fisheries Bill.

Thursday 22 November—General debate on the armed forces covenant.

Friday 23 November—Private Members’ Bills.

The provisional business for the week commencing 26 November will include:

Monday 26 November—Second Reading of the Courts and Tribunals (Judiciary and Functions of Staff) Bill [Lords].

The House is rightly focused on the important decisions that lie ahead of us with regard to leaving the EU, but we also continue to fulfil the many other vital aspects of our parliamentary roles, so I was delighted, along with you, Mr Speaker, to welcome the Youth Parliament to the Chamber last week and to hear of the significant issues that its members wanted to debate, such as mental health and serious violence.

Also last week, we had the first ever Women MPs of the World Conference in this Chamber, demonstrating our commitment to global outreach and promoting our democratic values. This week is Parliament Week—a chance for hundreds of schools and civic organisations to take part in and promote democratic engagement.

Finally, along with the Prime Minister, you, Mr Speaker, and others, the Leader of the Lords and I look forward to presenting a Humble Address to His Royal Highness the Prince of Wales later today on the event of his 70th birthday.

[Valerie Vaz (Walsall South) (Lab)]

I thank the Leader of the House for the statement. I, too, congratulate the Youth Parliament; it was absolutely wonderful to hear its members debate the issues rather than people.

I thank the Leader of the House for the forthcoming business—again, it is a week and a day, and we do not seem to be any nearer getting the dates for the Easter recess. The staff of the House need to make plans. I know that there have been many more things to discuss and that it has been difficult to get those dates, but could she possibly look at doing so for next week?

I ask the Leader of the House to remind her colleagues about the ministerial code. The Government have again breached paragraph 9.1:

“When Parliament is in session, the most important announcements of Government policy should be made in the first instance, in Parliament.”

It took numerous points of order and a letter from the leaders of all the Opposition parties for the Government to finally realise that they had to abide by the code and make a statement to Parliament—we are very grateful that that was done today and to the Prime Minister for staying and taking all the questions. I hope that the Leader of the House will continue to remind the Government of their duties.

It was a marathon session of the Cabinet yesterday. I wonder whether they all started with, “I hadn’t quite understood the importance of” the Dover-Calais border/the economy/jobs/security/the effect on science—delete where applicable for each of the Secretaries of State when they read the draft agreement. We have had the statement, but could the Leader of the House outline the timetable for the next stage? The Prime Minister alluded to the fact that the House will get a debate; will it be before or after Christmas? When are we likely to be able to scrutinise this very important agreement, given that the EU will be meeting on 25 November?

On Tuesday, the House resolved that the legal advice from the Law Officers would be made available. Will the Leader of the House say when it will be published? Why did it take the Chair of the Environmental Audit Committee, my hon. Friend the Member for Wakefield (Mary Creagh), to publish a letter from the Environment Secretary saying that he was raiding 400 staff from other agencies to work on Brexit? When will we get a statement and the impact assessment on the effect of enforcing the regulations that deal with recycling, air pollution and flooding?

Turning to more contempt of Parliament and the vulnerable, private companies are making large sums of money by locking up our young. There are 2,375 people with autism and learning disabilities held in assessment and treatment units. Seven providers are charging taxpayers up to £730,000 a year for each patient. The Secretary of State for Health and Social Care announced that he has

“instigated a Care Quality Commission review into the inappropriate use of prolonged seclusion and segregation.”—[Official Report, 5 November 2018; Vol. 648, c. 1264.]

However, that was in a wider statement on prevention of ill health, and no notice was given to the Opposition. My hon. Friend the Member for Worsley and Eccles South (Barbara Keeley) made a point of order to ask the Secretary of State to come to the House to make a statement on that review. As she said, this is scandalous. Could we have a statement on this important review, including the timeframe for reporting back? No child should be deprived of their liberty in this way. They need support, not imprisonment.

More disarray: I was going to say that the Government have lost one Minister—the hon. Member for Chatham and Aylesford (Tracey Crouch)—but actually it is half the Cabinet. A week later, the Government have done what she asked; a written statement was slipped out yesterday. My hon. Friend the Member for Swansea East (Carolyn Harris) and others have campaigned for this change, and the Minister will have had to give weight to relevant or irrelevant considerations, so this is not about losing money to the Exchequer, but about saving lives.

Yet another fall-out from the referendum is the number of statutory instruments—800 to 1,000. I am pleased to say that Parliament staff have worked on an SI tracker, which is now available, so I thank them for doing that. We can filter it by European Union SIs, but not by when they are going to be laid, so we have absolutely no idea of when the SIs will come to be scrutinised. We need to know that to give them effective scrutiny. Perhaps some sort of category such as “SIs on hold” or “Waiting to be laid” might be quite useful for Members.

It has been announced that a memorial to PC Keith Palmer near Carriage Gates has been agreed with his family. The Police Memorial Trust said that the memorial would be a reminder of PC Palmer’s sacrifice and heroism. We need our police officers in the House; they provide valuable back-up to other House staff, such as the Doorkeepers and those around the Estate. We need them, and we thank them for their work.

My right hon. Friend the Member for Wolverhampton South East (Mr McFadden) had a debate yesterday on police pensions. In the west midlands, the changes will cost about £22 million—that is what the west midlands force will have to deal with. That is putting a huge amount of pressure on police forces. The Home Secretary and the Chancellor should come up with a solution now, as the Minister for Policing and the Fire Service alluded to yesterday. Could we have statement to the House on that? It would be a fitting recognition of our police service.

Mr Speaker, yesterday you read out a great letter from our Clerk. I know that there is time until his retirement for tributes to him, but we appreciate the sentiments that he expressed in his resignation letter and thank him for his guidance and expertise in his 43 years of service. He will be missed.

Finally, I want to add my own good wishes to His Royal Highness the Prince of Wales on his 70th birthday, as I did not have a chance to do so yesterday. I do not know whether Members are aware of one of the facts about him, which is that every time he plants a tree, he gives it a little shake for good luck. I wonder whether the Prime Minister did the same to her Cabinet yesterday. I shall certainly remember to do it when planting trees for the Queen’s Commonwealth canopy.

His Royal Highness is a great innovator. He highlighted organic farming many years ago, before it was fashionable, and as his mum—our Gracious Sovereign— said, he is a true Duchy Original. I wish him a belated penblwydd hapus.

[Andrea Leadsom]

Let me first join the hon. Lady in paying tribute to the Clerk of the House. I have already made my views clear—he has done a great service to the House, and we wish him a long and happy retirement. I also pay tribute to PC Keith Palmer, who sacrificed his own life for us in this place. It is very fitting that there will be a memorial to him here.

As for the hon. Lady’s other requests, as ever, there were many. I am not quite sure that I can offer a statement on how to shake Cabinet members into submission, but it is an interesting suggestion.

The hon. Lady asked about the Easter recess dates. I can only say again that we have announced the Christmas and February recesses, and we will announce the Easter recess in due course. I remind the hon. Lady that in 2010 the Easter recess was announced on 18 March, about 12 days before it started. I think we have a way to go before we can match the appalling—[Interruption.] Yes, we can do better. I totally agree. I fully intend to do better than that.

The hon. Lady said that we had breached the ministerial code. I entirely rebut that, and it is quite outrageous that she should suggest such a thing. The Prime Minister made herself available to the House at the first opportunity to make a statement, and she answered questions for three hours, many of them totally repetitive. The House gives her absolutely no quarter, but it does owe her some respect for that marathon statement, and it does not owe her the discourtesy of suggesting that it broke the ministerial code. I should like to see some evidence of that if the hon. Lady wants to press the point, because she is entirely wrong.

The hon. Lady asked about the timetable for the next stage of the process. As the Prime Minister said, the European Council meeting will be on 25 November. After that point the deal will be finalised, and it will then be brought back to the House for a lengthy review, for discussion, for debate, and for a meaningful vote.

The hon. Lady referred to what she said was another aspect of contempt of Parliament, but did not quite explain what she meant by that. As far as I am aware, the Secretary of State for Health and Social Care has made absolutely clear his concern about young people being locked up owing to mental health problems. As the hon. Lady said, he did discuss the issue in his statement on prevention, but if she wants to raise it with him again, I suggest that she table a parliamentary question or raise it during Health and Social Care questions on 4 December.

I am not entirely sure what to make of the hon. Lady’s point about Cabinet losses; I think that she, and indeed all Members, should celebrate the fact that the Government are addressing the scourge of gambling addiction, rather than trying to score political points.

The hon. Lady asked about statutory instruments. She will know that the Government have really sought to get a handle on SIs to ensure that the flow is even and the House has time to consider them properly. I have already made it clear—but she may wish to consult the House of Lords Select Committee that is looking into the matter—that the number of SIs will be at the lower end of 800 to 1,000, possibly even lower than that, but we are bringing them forward at a good rate. We are providing further information on the bandings and the likely range of numbers of SIs each month, to be helpful to the sifting Committees in both Houses, and we will continue to co-operate as much as we can to ensure that we get a good Brexit.