Select Committee on Procedure Minutes of Evidence


Examination of Witnesses (Questions 60 - 79)

TUESDAY 5 MARCH 2002

MR TAM DALYELL MP, MRS GWYNETH DUNWOODY MP, MR MARK PRISK MP, LAWRIE QUINN MP AND MR JOHN TAYLOR MP

Ms Munn

  60. I wanted to pursue the point about a fax rather than an e-mail. People could pre-sign a fax or whatever. In terms of the actual thing itself, I do not personally see a difference between an e-mail and a fax. I see an e-mail as being more efficient than a fax because it does not involve paper but subject to there being a way of verifying it would you withdraw your objection to the e-mail?
  (Mr Taylor) Ms Munn is right and I am eccentric. The reason I favour faxes is you fire a piece of paper into the other place. In case I am at the risk of being seen as an entertainer, I have a marked different reaction from local newspapers if I send them a press release by fax where it is there in the tray and somebody picks it up and has a look at it, compared with an e-mail where I am absolutely dependent on someone going to the computer, going to their in-box, seeing me there, getting it up and then the printer working. There are more steps involved in my recipient getting my text by e-mail than there are in my recipient getting my text by fax. I had a word with Canon the other day and I said, "Do you think e-mail will kill fax because I do not. I think fax is here to stay." They said, "We are selling more fax machines than we ever have done." Faxes are here and e-mail is not going to supplant them.

Mr Swayne

  61. Given that even for an experienced Member tabling a question can amount to a significant dialogue between the Member and the clerks to get the question in order, how do you anticipate that dialogue can be handled by either faxing questions or through e-mail without adding a significant workload to the clerks in the Table Office?
  (Mr Taylor) I agree.
  (Lawrie Quinn) You probably remember that quite a few times I have been behind you in the queue and that is one of the irritants. We find out that the person ahead of us in the queue will find out the minutiae of their particular problem. I agree with other colleagues. If they are happy with that system for them, that is fine, but there are Members who perhaps have other things to do, rather than queuing up in the Table Office. I accept that there is a very professional response but you literally are queuing up. I find it rather strange that e-mail and electronic communication which is the basis of the success of the City of London at the moment, particularly with encryption, that this important part of our national economy is run on e-mails and electronic communication but the possibility of somehow a physical piece of paper going into a machine, for that information to be converted electronically, sent down the line—and you can send faxes from a desktop so what is the difference between an e-mail? In answer to your question, obviously if there is a follow-on issue, I would expect the clerks at a later time to contact the Member and have that discussion over the telephone or perhaps ask them to go in if it was needed but I would think on rare occasions.
  (Mrs Dunwoody) The hazard about that is that the time taken for a telephone call is going to be much longer. There is going to be much more pressure on the clerks in the office. The physical act of having to walk in with a bit of paper is a great discipline on some Members who would quite happily turn over to any kind of a researcher the responsibility of putting in 40 or 50 written questions. I am sorry to say I suspect occasionally it happens now. I am happy to have Mr Taylor say he is the most conservative member of this panel because I have to admit that, as far as I am concerned, e-mail is the thinking man's graffiti. I do not think I have ever received such illiterate, undisciplined or unstructured English as one receives through the e-mail, which appears to bear a strong resemblance to a rather drunken James Joyce on a bad day. I think we have two problems. One is recognition. There is no evidence at all that we have effective means of sorting out who is sending e-mail. We really do not, in my view. There are various ways that it can be done but I would need to be convinced. Secondly, there is discipline in Members having to table their own questions. Frankly, there is also an advantage to the Member because one of the functions that the clerks fulfil with enormous diplomacy is the ability to deal with the question that has just been put by Mr Quinn. If you are physically in the office and you have framed the question badly and you have put it down to the wrong minister, they will gently persuade you that you would get a much better reply if you sent it to this particular department because that is what you really want to know. They will not put it to you in quite those terms but over the years the clerks' department has saved more Members of Parliament from making fools of themselves than almost any other organisation in the world. It is something we should not lose too lightly.
  (Mr Taylor) I wanted to say how much I agree with Gwyneth Dunwoody about the correction process. The Member in the Table Office with our very helpful clerks, discussing with them why a question is not orderly because it seeks an opinion or whatever—I like to join in. Once I have understood what is defective about my question, I participate with the clerk in trying to get it right. I learn something from that. When I walk out of the room, he has then got an orderly question. He is not trying to e-mail me back somewhere, find out where I am and try and explain over the phone what is wrong with the question. Lest any of my colleagues think that I am living in the stone age, not only can I sent faxes by computer; I have the software on my computer that enables me to send faxes and I choose to send faxes in the name of consistency, for the reason I gave before. Even though I could send an e-mail, I send a fax because it produces a piece of paper in the in-tray of the recipient.

Sir Robert Smith

  62. Not if they have not got a computer with fax software on it.
  (Mr Taylor) A computer with fax software, engaging a fax machine as the recipient.

  63. If the recipient plugs their computer in, the data just goes into their computer. It does not come out on a piece of paper, so you have to make sure.
  (Mr Taylor) I do make sure.

Rosemary McKenna

  64. You could have that conversation with the Table Office if you had webcam, wherever you happened to be. I think the case for the electronic tabling has been made and we have to find a way to make it secure. Can I ask you about written questions because I think this is the biggest problem. What I call serial questioners—and it is not Members, I suggest; it is researchers—who have presigned questions and they are coming in, in a great big stream, very often for the most spurious of reasons. For example, they used in media to try and demonstrate an MP's workload, which is pointless, to me. The media fall for it and they print all of this. I think we need to find a way to prevent that. I wonder if any of the Members have a suggestion that would help to do that?
  (Mrs Dunwoody) The connection between the Member and the question, either a physical one or if you use your webcast, if that is the way you are going to do it, would force Members of Parliament to be involved in their own questions which may be quite a unique experience for some of them. I think you have to be very careful not to exclude people who want to put down blocks of questions altogether because I have in my time, particularly in something like transport, put down maybe 20 or 30 questions which got me the answers I needed because Ministers were rather busy committing the sin of omission and when they answer two or three questions it is easier to commit the sin of omission than if you give them 20 questions on the same subject. I do not want to block off that detailed approach, but the reality is that the advent of the researcher/case worker/bag carrier has meant that there are people who will put in vast amounts of prepared questions which are either given to them by a lobby group or by someone who has a particular interest and it then becomes painfully obvious to their colleagues on what basis they are placing these questions on the order paper but it does not get us very much further forward. The difficulty that your Committee, with respect, will face will be trying to find a mechanism that will ensure that the Member is responsible for the question, that will ensure that the Member knows that these questions are being put down in their name—because, believe it or not, there have been instances when presigned forms have been used for questions that were not cleared by the Member concerned—and they will also know that when they put down a series of questions they will get an answer. I would underline one other thing: it is very important, where Ministers say, "This information is present in the library", that we should then find some mechanism of printing whatever is in the library in Hansard because people who talk in the most appalling cliche about the Westminster Village in a sense are contributing to this idea that only we read Hansard; only we have the right to have the information; whereas one of the very important parts of questions and answers in this place is that everyone who wants to follow a particular subject can do so by getting into the Parliamentary web system and finding the information they need. That will not happen if Ministers increasingly use what are distancing mechanisms like, "I have put that information in the library. It is paper number so-and-so", because they know although the Member will go and get it out, nine times out of ten, they still have not got the same public dissemination because there is no guarantee at all that individual members of the press are going to be interested in the minutiae of a particular problem.

Chairman

  65. Does the Father of the House have a reply to Rosemary McKenna's question?
  (Mr Dalyell) The Father of the House is out of the stone age and has no opinion on this. I do not have e-mail and I recall that my friend and colleague, Rudy Vis, was away for eight days and came back to 576 e-mails. How do you cope? How do you distinguish the wheat from the chaff?

  66. We were hoping that you might help the Committee.
  (Mr Dalyell) I do not have fax either. I defend myself by saying that my number is in the local telephone book. A lot of people ring me up and very few constituents waste my time.
  (Mr Taylor) If we may use this shorthand, which is very convenient, of serial questions, sometimes one Member will have three or four pages of questions which I am sure is an abuse and I am not happy about it. It is a besetting sin of this place but it is much harder to know what to do about it. I agree it is a problem; I agree it is an abuse and it is probably serving somebody's external interest, which I do not think is what we are here for. The easy reflex is to say limit the numbers. I do not think that would work because if it was a serious case of an external exploitation of this system the man with the overflow, once he has reached his limit, will go and find a colleague and say, "You put the other 37 down for me" and so on. I do not need to complete that part of my answer beyond saying that I am not relaxed about it. I am unhappy about it, but I am not clear on what to do about it.
  (Mr Dalyell) Could I revert, grasshopper like, to a question that you yourself posed which got rather lost? It was the question whether the Speaker should be entitled to call a person a second or third time. I go back to a very clever, Conservative lawyer who died in office. His name was Sir Harry Hylton-Foster. He was a very fast minded lawyer. On one occasion he allowed me three successive questions but the following week the question was answered and he passed on to the next one because he judged that I had had an answer. In those days, a lot of questions were on the order paper and very often the person who put them down did not ask a supplementary question because it was thought that he had got a full answer. There was something in the atmosphere at that time. People who asked a supplementary question for the sheer sake of it had the annoyance of their colleagues.
  (Mr Prisk) I am a digital graffiti artist. I use e-mail regularly. I am well aware of its weaknesses. Mrs Dunwoody is absolutely right. We are sloppy. It is easy shorthand, but it is what most people, most of my constituents certainly, find helpful. I do not believe in allowing constituents to jump ahead of those who write but that is a separate issue. In terms of questions, I feel that I have significant reservations about trying to limit individual Members, not least because I think the real issue here is getting Ministers to answer questions, not the method of transmission or anything else of the questions that are put in. To my mind, that is the real issue in terms of questions and procedures. If you wanted to do it, the only way I could imagine is some form of credit or allowance over a year so that people have to think how they use that allowance over the year because it will run out within a certain period. I have enormous reservations about it, because I think the system would be relatively easy to bypass and because the critical issue here is not how we deal with the procedures; it is how awful, frankly, the answers are.

Ms Munn

  67. Moving to topicality and timing, I want to ask two questions about this and this arises out of evidence we have had from other MPs who came to a previous session. The questionnaires asked you whether you would consider a shorter timescale rather than two weeks. Some people said yes; some people said no. That is the first point. I am talking about for oral questions. The second point was that some previous witnesses expressed a great deal of frustration that you only have that day to table for a particular department and if you are not there you cannot go and do it. Given that they might deal with it on a particular day, would you support a system which allowed you to table ahead of that date but then it only went into the ballot on the actual date in order to get round that?
  (Lawrie Quinn) If you look at my submission, I agree with both of those modernising tendencies. With the modern world, Mr Prisk has mentioned that many constituents now are resorting to e-mail. There are modern communications out there. There is a topicality. There is a currency in terms of framing questions. This idea that you only have a certain number of hours and the door is closed on you—there must be a facility there to stack up questions in advance. My view would be that the efficiency and effectiveness of putting down questions as you think of them and those being stored in an e-mail type of situation so that the Table Office could download them on the appropriate day I would have thought would have lent itself to the type of approach that was in the questionnaire.
  (Mrs Dunwoody) What you might find is that there is a better way round this, if you were to extend the question time. Governments will not like this because you will be eating into the time for their legislation, but if you were each day to allow, say, a 15 minute period for topical questions which would be very clearly delineated, the worry I have is that if people are allowed to put in their questions way ahead of the tabling time you could finish up with such a bulk of questions that frankly some Members would never, ever be selected. It is bad enough now. There are always those who have unworthy thoughts about the methods of selection, but—

Mr Burnett

  68. How do you delineate the topicality and who gets preference?
  (Mrs Dunwoody) It is like an elephant. You cannot describe it, but you know it when you see it. You must be reliant inevitably upon the judgment of the clerks, but you could do this by having 15 minutes at the end of a question period and also putting down a cut-off point so that anything put down after ten o'clock in the morning would not be regarded as a topical question.

David Wright

  69. Would you agree with a procedure whereby people would go into a ballot for topical, open questions and a second ballot for oral?
  (Mrs Dunwoody) Yes. I am not suggesting a change. The hazard of responding always to topical questions is that, if you are not careful, you miss the detailed questions of individual ministries. It is very important to maintain this rotating questioning of individual Ministers. To force a minister to come to the box and answer questions, I was always told by my colleagues, was like taking a viva once every six weeks. I did not quite look at it like that but perhaps because I am tougher than others. It is very important that you do not lose the three-quarters of an hour of question time, or whatever it is, but you could easily, it seems to me, encapsulate another 15 minutes—not if you are able to call two or three supplementaries because it might be a rather exclusive exchange on that basis, but if you had a bit of brutal chairmanship and perhaps even 20 minutes you could then make it very clear whether the House was responding to what was a genuine problem on an immediate basis, rather than simply a fashionable problem.

Chairman

  70. You do not think the private notice question is the way to deal with this?
  (Mrs Dunwoody) As you know from your experience, PNQs which are not at the moment being sufficiently used by the Opposition parties are entirely reliant upon the Speaker deciding whether or not there is sufficient time and are rarely these days, much to my dismay, granted to back benchers.
  (Mr Dalyell) At a recent seminar last week attended by Jack Weatherill and Betty Boothroyd, on the question of PNQs, I said, "Jack, you were bad." I turned to Betty and I said, "You were even worse." In a sense, they took it because I think in retrospect they realised that they ought to have used the private notice question procedure much more liberally. That answers, to a certain extent, David's point. Could I say something in relation to what Meg Munn said? The difficulty is that if you have urgent answers to questions the people in the Civil Service, in the department, may not have been able to be contacted. All my questions, other than for some special reason, are put down for at least a fortnight and I would give the Civil Service a month because those who are expert in the particular area of the question may be on holiday or busy and you will get much better answers from the Civil Service if you give them time so that the department can be contacted.

Ian Lucas

  71. Is not the danger of always giving substantial notice to the Executive that we create a situation where everyone outside the House is discussing a very topical issue but the House itself, for reasons that escape the general public, seems to be avoiding precisely the issue that everyone else is considering?
  (Mr Dalyell) Yes. There is a danger in that.

Chairman

  72. Do you think that that can be dealt with by the private notice question to a far greater extent than it is currently?
  (Mr Dalyell) Yes, but in general he has a good point.
  (Mr Taylor) The 14 days timescale is absurd, not least for the reasons just given. A much shorter timescale should operate. I am still unhappy about the idea that we bombard the Table Office with e-mails because, in my experience, at least 50 per cent of questions to the Table Office by Members require rectification so as to be orderly. If the Table Office has to print its e-mails, try and find Members and explain to them what is wrong with the question and remedy it, no end of work will be involved. The great thing about tabling a question is rather like sex, it must be done in person.

David Wright

  73. I wanted to briefly address the summer recess period. A number of Members have complained that they are not able to submit questions during the summer recess period and that all the material stacks up to when we return after the recess. That gives departments an inordinate amount of time to deal with any queries. Could we as a Committee have your comments on how you would like to see a reform of question procedures during the summer recess?
  (Mrs Dunwoody) You could easily agree to a system whereby people were able to table written questions which were not expected to be answered when we returned. You could also agree a period of time in which they should be properly answered but they would tend to be answered by letter. You would still be faced with the problem of publication of the information concerned. It would probably mean that when the House returned you would have two or three bound volumes of written answers. I think it would allow Members to take up particular issues. It is far too long a period of time for Members to wait until they return after the recess. What you would have to do would be to put a certain number of disciplines on it. If they were going to be questions, they would have to be written questions to be answered within a fortnight by letter, that information to be made public by the department so that they were not exclusive to the Member concerned.

Chairman

  74. There is no reason why Hansard should not be printed during the recess.
  (Mrs Dunwoody) I am not prejudging what would happen to the House of Commons Commission if you suggested even more expenditure to them. That is a problem for you. It is perfectly true that there are various ways in which they could be made public and I hope they will do so.

Mr Burnett

  75. I feel very strongly that Members of Parliament should be able to ask questions in the summer recess which, as Mrs Dunwoody said, is far too long. What really rang a bell with me was Mr Quinn's point that there were real problems for some. When a crisis hits your constituency—foot and mouth is an instance in mind and in his—you must be able to ask questions and get a reply within a reasonable time. I wrote to DEFRA time and again and I did not get replies for months. It was only when I got back to school, as it were, in the autumn that I was able to raise questions and get some sense on the numerous real difficulties my constituents were experiencing.
  (Mr Prisk) As a new Member—I am probably the most junior Member on this particular panel—I find it bizarre that we cannot ask questions during the recess. Given that the government appears to be very keen to give us more and more recess, it seems to me important that we should not only be able to table questions but that answers must be timed. I would go back to answering Mr Wright's question by saying that I think we must be able to ask questions. There should be a reasonable time limit. There could perhaps be in recess a possible cap on the total number because, for most people, it is the ability to pick up on a key issue related to your constituents' interests and pursue it rigorously, whether or not the House is sitting.

Chairman

  76. Would you support a period when questions cannot be tabled? It might perhaps relate to three or four weeks or two or three weeks in August when a lot of people are on holiday. Do you think it would be sensible to have a period when you were not able to table Questions? At the moment, we are trying to bring in a system which is more agreeable and acceptable to Members, but quite clearly it would be inappropriate to expect the total Civil Service to be there, fully manned, for the whole period of the year.
  (Mr Prisk) Certainly I can understand that point. I would not wish to stop Members being able to submit questions. The question is how long do we give people to give an answer? Therefore, perhaps what one might do is make the arrangements so that there is a reasonable recognition that if you submit a question three days before the bank holiday, you are not going to get an answer for perhaps more than a fortnight.

  Chairman: You are very demanding.

Ian Lucas

  77. I want to go back to topical questions that are raised. Do you envisage those would be open questions or prescribed in the sense that Private Notice Questions are?
  (Mrs Dunwoody) I would say that you will need to make them fairly prescribed, not as prescribed as a PNQ because that is time limited as well, that is even more precise. I think if you are to have a short period of questions in which people could put what is a really very live issue, then you would get the kind of response that you are seeking. Also I think, frankly, that the general public might be able to judge more accurately whether the response was a genuine one or an artificial one and I do not think that is a bad thing.
  (Mr Dalyell) I am totally against out of season questions. To John Burnett and to David Wright, I would say why do you not in a crisis situation try a letter to the Minister and not only a letter to the Minister but there is that Red Book that gives you the number of the Minister's private secretary. If you have an urgent constituency situation, for God's sake approach the private secretary, do the letter and, incidentally, possibly make the letter to the Minister handwritten because it is quite important and to get the attention of many civil servants, not all, a handwritten letter creates the impression in their minds that "the bugger's written it himself".

Mr Burnett

  78. Could I come back to that.
  (Mrs Dunwoody) It may also confuse them because they cannot read it.

  79. I am happy to show you, Tam Dalyell, a letter I wrote on some very urgent matters to the Secretary of State at the Department for Environment, Food and Rural Affairs. I wrote that letter probably at the beginning of August, it was crucial to hundreds if not thousands—
  (Mr Dalyell) Did you ring up the private secretary?


 
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