Select Committee on Modernisation of the House of Commons Minutes of Evidence


Examination of Witnesses (Questions 20-39)

21 JULY 2004

RT HON ERIC FORTH MP, MR GEORGE HOWARTH MP, RT HON ANDREW MACKAY MP, MS MEG MUNN MP AND JON TRICKETT MP

  Q20 Mr Salter: You lost me, Jon, with some of the analysis but it was very entertaining. You are clearly not hoping for much out of the reshuffle and I commend your bravery! I want to come back to what you describe as this collegiate argument, which I have real problems embracing. I think in some people's minds it is a code for drinking and the rest of it—which is fine, I am not a prude—but what sort of image do you think we give the public when we traipse out of the bars and vote on laws in the land? One of the strong arguments for me for reform was that you can do your work, you can vote at seven, half past seven, and then people can socialise, enjoy a drink and have that collegiate atmosphere. This fuzzy, lack of distinction between the two is very difficult to explain to our constituents. I am not suggesting breathalysers at the doors of the division lobbies, but an awful lot of people would take great exception if they realised the lack of preparation in the votes that we make in the Chamber.

  Jon Trickett: If people are drinking and voting laws into the country and sometimes voting on questions of war and peace having been drinking, I do not think it sends the right signal at all. We do not allow people to drive if they have had three half pints, and we ought not to be passing laws if we are drinking great amounts of alcohol in the bars downstairs.

  Q21 Sir Nicholas Winterton: I think we really need to be very careful in having evidence like that. It is very unfair to say that members of this House are drinking too much as a general comment.

  Mr Howarth: And there is no evidence to support that.

  Sir Nicholas Winterton: There is no evidence and I hope that Jon Trickett, under mature consideration, would withdraw the allegations that he has made.

  Q22 Barbara Follett: I would like to look at the issue of predictability which Meg brought up. We have a good example of how unpredictable the day can become today, and it happened yesterday. There were three Statements yesterday and two today which pushes business, eats into Government time and Opposition time and often makes it difficult for backbenchers of any parties to get up and speak. In one of the Modernisation Committee's reports, the report we produced under Robin Cook, there was a suggestion for an hour or so of Statement time before the main business so you would have a Statements hour from 10.00 until 11.00. Now, I liked that. It transpired that the Speaker found it impossible to do it, but if there were no Statements you simply commenced business at eleven or at the usual time, but you had a time that was set aside for Statements which did not eat into business, and I would like to know how people feel about that. Tacked on to that for predictability is how they feel about the September two weeks.

  Mr Mackay: I am very much against that first proposal. You know that I am regularly complaining to you that there is not a Statement on this or that or the other, and I think one of the successes of the House is its flexibility and the fact that we are topical. What worries me so often is we are not topical. The one thing that makes us topical is ministers coming down and making a Statement, either on policy or when there has been some great event often of a very tragic nature take place, and it is very important that that is in prime time. My worry would be that ministers would not have had time to prepare the Statement, nor would we have had time to reflect on what has happened if it was as early as you suggest, and after Questions, which in practical terms means about lunch time, is the right time to have it, and I would hate to think that Peter as Leader of the House got a message that backbench members wanted less Statements. I think most of us within reasonable parameters want more because it is a good way of holding the Government to account and being topical. Very quickly, on the two weeks in September, I strongly am in favour of the change of the two weeks in September providing that we get the time back elsewhere and there is not slippage, because I do not think that Parliament does its job properly if it has too long a break in one go. The Government is not properly held to account and we come back for two weeks in September and we can hold them to account again, and that is preferable to what we were starting to slip into which was a recall of Parliament because something has happened during the summer recess which is hugely costly, inefficient, and causes great inconvenience, so I would hate to think we were going to lose those two weeks in September and revert to the old calendar.

  Mr Forth: My view on predictability is that I am against it. I think Parliament should be completely spontaneous, disorganised and the Government should be caught off balance as often as possible because that is probably the most effective way the House as a whole can do its job. I think this trend towards utter predictability, total timetabling, members knowing exactly what is going to happen and when, is counter productive in a parliamentary sense.

  Q23 Chairman: And September would be part of that view?

  Mr Forth: No. Actually, I am very radical on September. I think what we should do is to have whatever it is, five or six weeks off in July and August, come back early September and sit continuously from then on, and if we must have party conferences, which are such a complete waste of time, then what we should do is for three weekends the House should rise on, say, Wednesday, if necessary, or even on Thursday, and the party should then have a longish weekend for their party conferences, and if we are serious—which I am not—and if we think people should go—which I do not—and if we want participation—which I have never particularly favoured at any level—having them at weekends would allow real people to go to party conferences instead of anoraks and idiots. So let's pick up the September theme and say if the House is serious—and this would give us more time, by the way, as well—come back in early September and sit continuously, and then have a tweak perhaps for conferences for three weekends. That is what I would do.

  Mr Howarth: I am mindful of the argument that there was an increasing tendency for Parliament to be recalled in September. I think probably we should work on the presumption that it will sit but we do not sit unless there is any good reason to do so. Last September, quite honestly, it was a complete waste of time. Nothing useful was done in September last year, and so unless there is anything useful to do then we should be free to work in our constituencies rather than come here to do nothing.

  Ms Munn: I am finding myself in the strange position here of agreeing with Eric Forth on the September issue and I think the issue about conferences is well worth looking at. I was not here last September because I was away on a visit so I did not have the experience, but it does seem to me that two weeks is an odd and very short period to be here for, so I think that is well worth exploring. Also, rather than having more time here, my experience in terms of the Chamber is that we seem to have sometimes things on which nobody wants to talk or be there for and Whips are running around to get people to talk about and we could have maybe weeks at other times of the year which are not the traditional holidays. What I find very difficult is it is difficult to get into schools and so on if you are only ever on recess when the schools are on recess, so I think we could perhaps look at an odd week off at another period when Parliament does not sit, and that would help with things like visits. Even under the old system when Parliament did not sit until 2.30 pm it was still enormously difficult without getting up at the crack of dawn for people from my constituency to get here and have a full tour of the House before Parliament sat. I think those kinds of things are well worth looking at.

  Jon Trickett: Briefly, I think you should retain September as it is now, but we need Government business and there was not any last time that I could see.

  Q24 Sir Nicholas Winterton: Meg Munn has talked about the fact that she was not here last September. She said she was on a visit. Was that a visit under the auspices of the CPA or the IPU?

  Ms Munn: It was the British American Parliamentary Group.

  Sir Nicholas Winterton: Again, we have to take into account, when we are dealing with the sittings of this House in respect of both the hours and whether we sit or not in September, the other activities that are bona fide and important and valuable for members of Parliament—that is, the activities of the Inter Parliamentary Union, the CPA, and the British American Parliamentary Group. The new sittings in September have caused some, as Peter Pike will know as a member of the Executive, and I too, of the CPA and, for that matter, the IPU, problems, because there are occasions when Whips do not want members to be away for critical business, albeit I have to say to date September has not featured critical business. But can I commend Meg Munn for what she said at the beginning? I do think one of the mistakes this Committee has made, and perhaps even in a way my own Procedure Committee, is not looking at this whole matter with a fresh clean sheet of paper. I think that advice is very good.

  Chairman: I think that is a fairly common view around.

  Q25 Mr Stunell: My point has passed in relation to September because there seems to be a broad consensus that it serves some purpose, but it raises a further point which is that there is a tension between predictability and accountability, and in fact if we want to have September meaningful and we are now saying we do want Government business to be in it—we are saying "Please could the Government structure things more rather than less"—and looking at the point about school visits and things like that, there is a tension between what members want as individual constituency members and what maybe the system needs in terms of accountability and predictability. Will you comment, not just in relation to September but elsewhere, where you want to strike that line?

  Ms Munn: I think I would have a lot more sympathy with the issues about accountability if I did not see so many opportunities where people could be held to accountability wasted, and where people are talking about things which do not matter or wasting time. It is as much about what people do with the time available, and I think you can do that within predictable time by being concise. I do not think it is unpredictability that delivers accountability; it is what we do with the time we have, and I know there are reasons why this happens. Not in the Chamber but particularly on Bill Committees, that is something which I think is very unknown outside Parliament and even as somebody who had been interested in politics for many years I had no concept of the scrutiny of legislation, and I think we could improve enormously on the way we do that, not in terms of how long we do it for but the way we do it. Pre-legislative scrutiny is enormously important, and I think the input from people outside can be helpful on that, whether that is done as part of the Bill Committee or pre-legislative scrutiny. But also I think people complaining that there is a knife at the point when they get up and talk nonsense on various issues does not go down well.

  Chairman: I do not want to get into programming, which is a separate issue. Peter, could you probe a bit on the PMB issue?

  Mr Pike: I want to come in on PMBs because this has been touched on. I have long been an advocate in the 21 years I have been here that Friday should be a day that members can be in their constituency. When I first came in we used to have Government business, some of it voted on a Friday and gradually that changed, and then we did away with all Government business on Fridays and now it is Private Members' Bills, but I tabled an Early Day Motion on the subject and quite a lot of people have signed suggesting that it should go to Tuesday. Now, obviously you will recognise that if it went to Tuesday, Tuesday in itself does not give enough hours if we were to compare it with five hours on a Friday, so we would probably need to talk of Tuesday and Wednesday which would be a split debate on occasions which would be a bit unusual and would also make it a long day, particularly obviously for some of the officers of the House and others who we have to take account of. So how would you view this? Also, Eric, you were here a few weeks ago when we had a Private Members' Bill, and it has happened on a few occasions recently, when I came here on a Friday and cancelled all my engagements in the constituency to speak on a Bill on homeless young people and some of your colleagues, and I think you were supportive of them, moved that the House sat in private and it fell and MPs like myself, and it happened on another one a couple of weeks ago with different people involved on that occasion, had lost all their constituency day here to no purpose at all at the end of the day. So could you touch on all those issues that I have raised there, because it is no good being in the House to be here for a purpose if you then lose that.

  Q26 Chairman: Can I say that a number of ministers have raised exactly that point with me, of keeping a Friday free to reach a Bill which then does not come up, so it is a complete waste of everybody's time. Can I just have quick responses to Private Members' Bills being moved?

  Ms Munn: I think it would be good. I know there is a view that the Whips would be nervous about it but if there is an issue, and they are often issues which would not get parliamentary time otherwise or would have to wait for a relevant Bill to come up, that a lot of members feel strongly about, then why should that not happen? After all, the opportunities for backbenchers to make law and to influence what goes on are very limited, and I think increasing the likelihood of that happening cannot be a bad thing, and I do not understand—

  Sir Nicholas Winterton: Mr Chairman, I really do think we should delay debate on this because if you allowed time for the Procedure Committee's report to be debated, which was published over six months ago on procedures for debates, Private Members' Bills and the role of the Speaker, this very matter that has been put to Meg Munn could be debated fully in the House because my Committee has dealt with it, making recommendations which I think are very sensible.

  Q27 Chairman: Would Meg's support for moving PMBs solve the Tuesday night problem?

  Mr Howarth: No. I think in order to answer that I need to answer Martin and Jon's point about this collegiate atmosphere being just a code for people having more time to get drunk.

  Jon Trickett: That is not what I said.

  Mr Howarth: That was the import of what you both said. I think, frankly, I agree with Sir Nicholas on that: that is a disgraceful attack on the conduct of Members of this House. I do not want those times to be made available just so that I or anybody else can spend more time in the bar. If anybody really believes that then I am really disappointed that they should believe that.

  Q28 Mr Pike: Do you want PMBs on a Friday, though?

  Mr Howarth: That is the context of it. I do not believe moving Private Members' Bills business to Tuesday night, however, would achieve my belief that we need more effective time where a large number of Members, including Government Members, are around. What would inevitably happen on a Tuesday if we moved Private Members' business to it, is that only those who are interested in those particular bills would stay behind to debate them or vote on them. That would not increase the effective time available to the House—

  Q29 Mr Pike: If we moved them from Friday where would we put them?

  Mr Howarth: That is not an issue that I have given any great thought to. I would leave them on a Friday.

  Q30 Chairman: Any other views?

  Jon Trickett: I regret if I have given the impression—I certainly was not saying that the reason why people are arguing for returning to the hours is so they can get drunk. That is not what I said. If I, in any way, gave the impression that I did, I withdraw that. What I was saying was that it was about the pressure to conform. That was the point I was making. There is a perception in the country, which the press foster and which occasionally people foster as well, that there is more drinking time available. That was the only point I was making on that. Certainly I withdraw any other implication and certainly would not have upset George in the way that he clearly is. On the question of Private Members' business, I think it would be better, actually, if Fridays were clear and it was clear to everybody—to the press and everybody—that Fridays were for the rest of civil society. That then allows us to look at Tuesdays. I would just say this, that the point made by Peter Pike was that Tuesdays would provide insufficient time. I am not clear on that because we get five hours on a Friday but it is not every Friday, whereas it might well be every Tuesday, for example.

  Q31 Chairman: Just as a point of information: the 13 sitting days on PMBs would equate to about 22 on a Tuesday evening.

  Jon Trickett: Twenty-two sitting Tuesdays?

  Q32 Chairman: Out of around 35.

  Jon Trickett: I do think that the capacity of backbenchers to take initiatives is limited in this place, frankly. I think to put Private Members' Bills more centre stage than they are now—and I think they would be more centre stage on Tuesday because more of us would be around and probably more press and media—would not be a bad thing at all.

  Mr Mackay: Peter, as you are aware, I supported Joan Ruddock's proposal that they should be moved to Tuesdays. Tuesday is the ideal day and it is a happy compromise that people are saying perhaps we should sit longer on Tuesdays. As you have just pointed out, the hours that we look at Private Members' Bills would be exactly the same if we sit on slightly more Tuesdays on Private Members' Bills. I am strongly in favour.

  Q33 Chairman: As a former Government Whip, Andrew, do you have any observations on the implications for Governments of having Private Members' Bills on Tuesday compared with Friday?

  Mr Mackay: Yes, there are going to be a few. One of the advantages of getting a bill killed is that there are not many people around on a Friday. It is going to be slightly harder on a Tuesday. Governments, of whatever political party, will have to do a better job of persuading Parliament that the Private Members' Bill is wrong. I think that is quite healthy.

  Q34 Chairman: That is a very democratic spirit, but I am just interested because you mentioned when you are back in power but if you were to be a Whip back in power do you think you would take the same view?

  Mr Mackay: I do. I think what is more important is the reputation of Parliament. If I can say so, I want very much to back up what Nicholas said. I do not think Jon meant what he said but it did come over in a public session in a way that our critics out there will have their prejudices more than confirmed that there is excessive drinking in this place. I first came here in a crazy by-election in a place that was almost Hodge Hill 27 years ago and I can tell you the change from then to now on the amount of drinking is huge; it is very, very little to what it was then. I think, Jon, unintentionally, you gave a very false impression and it will give a further stick for certain people in the media to beat us all.

  Q35 Chairman: I think Jon has accepted that. Do you want to say anything about Private Members' Bills?

  Mr Forth: Peter gave the game away when he said he wanted to come here on one Friday for one Bill and he was very disappointed that something went a bit wrong. First of all, we know all the 13 Private Members' Bill Fridays a year ahead, so there is no excuse not to be here. Secondly, I have always taken the view that all MPs should be here on Private Members' Bill Fridays because we are making law. Thirdly, the only reason that the bill beloved of Peter fell was because there were not even 40 MPs here, and that is a pretty disgraceful admission—that when the House is legislating 40 out of 659 people cannot get themselves here for something that is alleged to be important. I have a view about Private Members' Bills. I am here every Friday for Private Members' Bills and I know a little bit about them, but we will deal with them just as well on Tuesdays as we do on Fridays.

  Mr Pike: Eric knows quite well it is not true to say there were not 40 here; 40 people did not vote but there were more than 40 people here, because all those who wanted to get on to the next bill deliberately did not vote. I want to move on to committees.

  Chairman: Before we come to committees, Martin wanted to deal with the issue of the arrangement of business.

  Martin Linton: Can I ask Jon or other colleagues, do you think there is a danger that if we have unwhipped business on Tuesday night that what will happen at the end of the day is that Government business, whipped business, will intrude? Patrick expressed a view earlier on, before he had to leave, that he thought that if PMBs were on Tuesdays they would become whipped. There is clearly no point in moving them on the assumption that all this business can be unwhipped if it turns out not to be the case.

  Q36 Chairman: Can we include in that adjournment debates and other business like House matters and so on?

  Mr Mackay: The reality is that the payroll has always been whipped for certain controversial Private Members' Bills that the Government does not want to go forward. The payroll has been called in from time to time by every government on a Friday and the payroll will be again called in—and this is what Patrick was referring to—and there will be an unofficial whip.

  Jon Trickett: I think that is a fair answer. I suppose, really, on reflection it is the non-government business rather than non-whipped business, if we want to be precise about it. Clearly, the Government will have a view—and does have—about Private Members' business, but it is the capacity for the private Member to initiate business which is probably more important than the aspect of whipping. Probably there will be some informal whipping and probably some formal whipping as well, and I think that should not trouble us too much. What is important is putting the private Member, the backbencher, at the centre of play during the middle of the week, really.

  Q37 Anne Picking: I think Jon only addressed the issue of Thursdays and the possibility of moving business questions, and I think it has been an invaluable vehicle because if we move it elsewhere where would it be best moved to in order to give Thursday a full sitting day?

  Jon Trickett: Just speaking purely from our party's point of view, we now meet on a Monday evening, and I think other parties are doing something similar. It would then, logically, I think, lead to the Leader's announcement being made on a Tuesday lunchtime to announce the business for the following week and it would give us time for preparation. It seems to me curious that we are announcing business at the end of the week, on a Thursday, to some extent, rather than towards the beginning of the week. I would have thought earlier in the week would be the appropriate time. If that cannot be organised—and you would know better than I of just how the mechanisms of these things work—it may be a statement earlier on a Thursday, before 11.30, from the Leader of the House might be another option. What I was trying to urge on you to achieve was to make Thursdays a real day when government business can be debated and when a significant amount of time, five hours or so—

  Q38 Chairman: Or an Opposition debate as well?

  Jon Trickett: Equally important, yes.

  Sir Nicholas Winterton: I think we must not avoid the fact that we have days when there are, perhaps, two or even occasionally three statements, and that is on a Monday, Tuesday or a Wednesday. So I come back to what Meg Munn said; I think if we are going to look at sitting hours we have got to be much more radical and actually have a clean sheet of paper because I do believe there is good reason for bringing the business of next week forward and making, therefore, the shorter day on Thursday more meaningful for a full day debate rather than an hour shorter. Of course, there are two things I would say to you, Peter, as Leader of the House, one of which is that one way to solve part of our problem is to have less legislation but more debate. I think that refers to all political parties, particularly to those that form Government. I do come back to the question which you did not allow any of our witnesses to answer, particularly my question to Eric. If you bring Question Time forward and start the day at, say, 9 o'clock, which I have to say I think was a Maverick proposal that Mr Forth put forward when we were debating sitting hours (I am not sure that he was actually that serious but he did the House a service, nonetheless), you have got to take account of the activities of the committees of this House, whether they are Standing Committees, whether they are Select Committees. It really would be, I think, very wrong, unless we are going to change the time of Question Time and the delivery of statements by Government ministers, to have the Committees sitting for Question Time and statements. There are terrible problems at the moment, which I think you have all admitted, on a Tuesday and Wednesday, being the two major days of the week when committees sit.

  Chairman: Since you raise the issue of committees, I know Oliver wanted to put a point.

  Q39 Mr Heald: If I can just add another part to it, at the moment we seem to have got into a practice of sitting on Standing Committees at 9.30 in the morning and going through to 11.25, although in theory, of course, they should sit at 8.55 am in order to give us the time which we used to have, the full two-and-a-half hours. What do colleagues think about that, and is there some way of restoring that extra time or, at least, making the Standing Committees have the time they need to really scrutinise the legislation? We are not being offered more sessions through the usual channels for these Standing Committees, and it is important that we have the time we need to scrutinise legislation.

  Ms Munn: I have just sat on the Domestic Violence Bill and there was a kind of compromise situation where actually we started at ten-past-nine, which seemed to suit people, because I know that people who do have families in London sometimes have the opportunity to take kids to school in the morning. That seemed a reasonable compromise, and the compromise we had was that we went later in the afternoon because there does not seem to be a reason why there has to be that fixed time in the afternoon, particularly as business in the Chamber is going on till seven, as to why those Committees cannot go later. There was actually quite a relaxed approach taken, there were not any knives put in and the time of sessions seemed to work. To some extent, my view is that it seems when you get over-programmed and over-tight on that kind of finishing it leads to people doing more time-wasting and less relevant talking, whereas if you say, "The time is there" people focus on the real issue. I would just go later in the afternoon session.


 
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