Select Committee on Procedure Minutes of Evidence



Examination of witnesses (Questions 80 - 99)

TUESDAY 28 JULY 1998

MR WILLIAM MCKAY, CB, MR GEORGE CUBIE and MR PAUL SILK

Chairman

  80. Just give us, for interest, the particular Committee?
  (Mr McKay) It was the Treasury Committee and it was a report entitled "Defence of VAT Zero Rating". So you could do it on a point of principle and your lever to pull is still the reduction in the Estimates and you can do it without a great panoply of research assistants, but that is not really, it seems to me, a likely or typical solution. Especially in these days of resource accounting and budgeting, you are probably going to want to consider giving Committees maybe some more assistance of the type they have at the moment, either in-house or bought in.

Ms McCafferty

  81. We have indeed discussed that with other witnesses. I just wonder, if we were to go the whole hog, as it were, in terms of the lines that we ourselves have been thinking of, that would clearly require a greater level of expertise and support?
  (Mr McKay) I think it might.

  82. Do you think it would be possible for the House to set broad figures and trust the Government to do the detailed work?
  (Mr McKay) Yes, the solution I was suggesting had that in fact built in, but if you try to arrive at the same solution by another means I think it could be done. After all, votes of the House of Commons, even prefaced by the words "in the opinion of this House" do move if not mountains at least governments and I would say that that might be a more attainable end than to try to wrench from governments a power which they have had since the earliest Standing Order that the House ever made, that is to say the power of initiating and controlling expenditure.

Mr Efford

  83. I think you touched on this when you were sharing your deep thoughts with us, Mr McKay, but at present the Estimate debates take place on a motion to grant Supply which can be amended by a motion to reduce. It would be possible to have a range of different substantive motions and that expenditure be varied from one sub-heading to another or that, in the opinion of the House expenditure on whatever should be decreased or even increased. Are there any procedural or constitutional disadvantages to such motions?
  (Mr McKay) I think I can see some practical disadvantages because a Committee surely would have difficulty, would they not, in turning down the volume of one particular microphone or sub-head and turn up the volume of another. They might not balance.

Chairman

  84. In monetary or effect terms?
  (Mr McKay) In monetary terms. So if you were going to leave the top limit undisturbed I think the Committee would be in a difficulty in being certain that its pluses and its minuses cancelled out. But to say "in the opinion of this House" there ought to be more of this and a good deal less of that, and to get the House's agreement and then leave it to the government, I think could be the better way.
  (Mr Cubie) Chairman, on that, I have just had a thought that my experience of working for some years with departmental Select Committees is that the longer they work the more they are engaged in a continuous dialogue with the department that they are monitoring, and that if a Committee is persuasive in its proposal that there should be some variation it would be for the government to come back to the Committee; there might be another hearing with the Committee, at which the principal finance officer of the department could explain: "Well, actually the details as suggested by the Committee would not work out in practice". But we would have moved on a bit from where we are now.

Mr Stunell

  85. Yes, I take the point about the dialogue, but if one goes back a step to what Mr McKay was saying is there actually any practical difficulty in a Committee saying it wants to take £1 million off whatever topic A might be and put a £1 million back onto topic B? In the global scale of things that is sending a signal, and making the arithmetic balance is surely the least of the difficulties that a Committee faces?
  (Mr McKay) I just wonder, Chairman, if the figure is not likely to be more than £1 million. A Committee might find itself in difficulty—depending on the ambit of the sub-head or the Vote that you wanted to change. It just seems to me that this would be an exercise where the Committee needs to know an awful lot of nitty gritty whereas its aim actually is a touch on the tiller.

Chairman

  86. But you see I asked this question a moment or two ago. I said was it in monetary terms or effect terms and you said in monetary terms. You are now changing your view and saying that the virement from one heading within an overall budget figure to another could well have adverse effect terms and it is not the monetary transfer that is the problem, it is the effect on the heading from which it is being taken and perhaps the effect on the heading to which it has been transferred?
  (Mr McKay) I think my main worry, Chairman, would be the monetary effect, that you would perhaps have effects on the two Votes that you had altered and that the effects on the two Votes you had altered would be a crude one.

  Chairman: Yes, I think I understand. Do you want to follow that up?

Mr Stunell

  87. Yes. In some ways what a Committee does in this area is going to be crude in the sense that it sends a signal rather than designs a complete policy, I would have thought, normally speaking. But if I just take two examples which occurred to me one might well have an A and a B policy topic which were in some way interlinked. One might say expenditure on police or prisons, or expenditure on hospitals against primary care in the Health Service and saying that it was £1 million off one or £10 million or £100 million off one and on to the other would be making a signal and the precise calculation of whether it should be £99.6 million or £101.2 million is not really relevant to the signal that is being sent?
  (Mr McKay) Indeed, I think that would be consistent with the view that I was expressing that "in the opinion of this House" what we want is £100 million more here and £100 million less there and then it might be understood that the government came back to the Committee and said: "We will achieve that aim, except it will be £99.6 million off and not £100 million off" and it would come out in the dialogue which the Clerk Assistant spoke about between the Committee and the government department.
  (Mr Cubie) We are, if I may say so Chairman, talking about what may be a fairly remote contingency, that is the Committee winning a Vote on the floor of the House. It might have happened in the last Parliament; it does not look terribly likely that it would happen now, but the Committee is trying to devise a procedure that will work for some period of time.

Chairman

  88. And we are trying to give the Select Committees a more meaningful responsibility so that if people are going to become experts in, say, Social Security or Defence or whatever it might be, that if they do study the Estimates, while they would inevitably perhaps agree the first one unaltered, it could well be that they might decide in the second and third year—particularly in the light of the Chancellor's announcement about a three year expenditure plan—that they would like to see an adjustment from one heading, one Vote to another within the overall total?
  (Mr McKay) I think that is a much more realistic context in which the things we have been talking about could and would happen.

  Chairman: Thank you. I think that is a good point. Mr Davey?

Mr Davey

  89. This follows on from that. What I think the Committee is wanting to see, even in a Parliament that has a huge majority in one party, is a set of procedures that can give the House more ability to debate motions with a whole range of options. At the moment it seems the procedures actually restrict that and that you are limited to one or two types of motions. My question really is, is there any reason why Committees which have got an Estimates debate on the floor of the House should be limited to one type of motion? Could they not choose a motion which they consider much more appropriate, perhaps with a proviso that it does not entail extra expenditure but even one could consider even waiving that provision?
  (Mr McKay) I think the kind of solution I was propounding would go a long way to meet your aims, because after all whether the Committee brought to the House, via the Liaison Committee, a motion to reduce, some tinkering with the future expenditure patterns or a simple report on policy, whichever it brought, it would not just be bringing that simple proposition. There would be a whole report discussing doubtless the arguments which led the Committee to that solution and not to the other solutions which it might have adopted. So the debate could very well have the kind of depth which you would look for, though it would not require a very elaborate procedural solution to deliver it.

  90. But you could have a range of motions?
  (Mr McKay) Yes, you could have a range of motions within a limit, that is to say, in our suggestion you could say: "We think the balance of future expenditure should change". There are a lot of ways in which you can say that.

  91. Because the point is that if you can offer the House a menu and offer Committees a choice and we get a much higher level debate over what the expense is for and the different priorities that we are actually choosing that you may want to separate the debate on those motions from the actual Votes on the Estimates?
  (Mr McKay) I think you should.

  92. So you would actually give the government a chance to take note of what the House had said and reduce the confrontational element, go away and come back with another set of Estimates?
  (Mr McKay) I think that the separation of the two things which are presently brought together - that so many million be voted for such a service, and then tag underneath it that the relevant report of the Committee on the particular subject is the fifth report of such Committee - would be the best vehicle for doing the kind of thing which I mentioned. I think you should simply go for one of the three options which I mentioned; the motion to reduce, the tinkering with future policy or straightforward adjournment motion to discuss policy and that would be it. A Vote would not be put down on that occasion. The government would then, as you say, have to take account of what the Committee and the House said in the totals which it brought before the House on the Supply roll up date.

  93. There could still be a Vote on the motion though?
  (Mr McKay) Yes, probably not on the adjournment but on the motion to reduce and the motion that "in the opinion of this House" a certain thing should happen.

  94. I think this Committee, in the way it has been debating and putting the case, wants to go a bit further than that, where we are able to have motions in which we are looking for switching expenditure and ask the government to go away and revise the Estimates and put a new set of Estimates to us?
  (Mr McKay) I just wonder, Chairman, whether the Estimates are the appropriate target for that kind of expression of view?

Chairman

  95. Not even the three year Estimates?
  (Mr McKay) Oh yes, the three year forward look, certainly Chairman, but the next year's Estimates? I wonder.

Mr Davey

  96. Why do you wonder? I am not quite sure what your doubt is?
  (Mr McKay) Because they are probably part of a programme that you are locked into. It is just the difference, I think, between strategy and tactics. Committees will be, certainly in our experience, happier looking at the strategy than the tactics.

Chairman

  97. Before I pass on to Mr Gardiner for his questioning, does not what we have been debating for the last few minutes indicate the importance of meaningful discussions on Estimates and expenditure?
  (Mr McKay) Certainly.

  98. Do you not perceive that this is what this Committee is trying to do, to get a procedure in which the House has a greater say in and understanding of, an ability to influence the Estimates and expenditure that the Executive of the day is putting forward? And now even easier to do if the Chancellor's proposals for a three year expenditure programme actually are implemented and materialise?
  (Mr McKay) I think we would all agree with that, Chairman. This is classical constitutional theory, but it is just difficult to persuade governments to take a step back and let it work and sometimes it has been difficult to persuade Committees not to look at the horizon, but to look at the next step.

  99. Their navel?
  (Mr McKay) Well, I was going to say two or three steps in front of them.


 
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