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


Examination of Witnesses (Questions 180-199)

10 NOVEMBER 2004

RT HON SIR ALAN HASELHURST MP, DEREK CONWAY MP AND MR ERIC ILLSLEY MP

  Q180 Sir Nicholas Winterton: Really, what you are saying is that the answer to the scrutiny deficit would be to sit later in the afternoon, if that is necessary.

  Sir Alan Haselhurst: And certainly to sit the full two-and-a-half hours in the morning. If you are going to lose half-an-hour in the morning as a result of fitting in with the convenience of members, then one must ensure that the rest of the time of sitting is made up and I think it is easier, taking up the point made by Derek Conway a moment ago, for a committee to sit in a post-dinner session if the House as a whole is in session than if the rest of the House has gone home. The willingness to want to work on into the night, at least up until 9.30 or 10.00, is diminished. If I may just make the additional point that there appears to have become then a pressure on time spent in the Chamber and it is now a regular thing for a member who has put in to speak to come up to the Chair to say, "When do you think I might be called because I have to go to a committee?" or "I have to go and see a minister" or "I have to go and see a delegation." It seems that there is so much more being poured into a certain time of the day, but these things were perhaps done in the mornings or at other times and now, because the Chamber is sitting that much earlier, members are finding that they are being pulled in many more directions and I think attendance at debates has therefore been affected and that the normal courtesies, if you like, of being there for the opening speeches, being there at the end for the wind-ups and actually listening to the debate in which you wish to take part has diminished.

  Q181 Mr McLoughlin: Do you think that one of the answers to the consideration in committees of bills—I realise that is partly programming but it does have an impact on the way in which the House operates—would be to have a formula which stated that so long would be allowed for each clause in each bill and so long for each schedule and then it would be up to the people running that committee how best and where the knives should fall? So, for each clause, you allow perhaps an hour's debate, obviously accepting that some clauses would not take that kind of time, but that would at least give something that everybody understands.

  Sir Alan Haselhurst: I think it is a question of how far you can fine tune in general. If you were to have a formula of that kind which was the template for all bills, it might not actually fit the circumstances of   a  particular bill. It seems that, through a programming committee, it would be possible to adjust and to say that there would be a period of time to deal with the first ten clauses which might be seen as less controversial and then spend more time on clauses 15 to 30 which are perceived to be more controversial. I think I would have to simply put in a health warning that so much in this place depends upon cooperation between the two sides of the House and, unless there is some tacit understanding of how progress is to be made, then one can get bogged down in trench warfare which then leads ultimately to the Government having to bring out their big guns in order to make sure they get their business. So, there will be times when I think it will be quite difficult for both sides to agree intensity of controversy of a particular matter but, on the whole, I think there can be understanding between the whips and the managing of the bill to ensure that the time in the programme is spaced out sufficiently without making it too rigid a formula.

  Derek Conway: I think that Mr McLoughlin's observation is the one that makes sense in the big bills. For example, the School Transport Bill presently in committee. The first clause in the Bill is where the meat is and so the Committee is spending a lot of time on the first clause with agreement of all parties. Whereas, I think if that had been limited to a specific period of time, then the Committee might have felt that it had not covered what is a very wide-ranging clause because some clauses, we know, can   be one line and some can cover several sub-paragraphs, so I think it very much varies. I think the point is around the way the usual channels work in this place or do not work as the case sometimes is and I think there is a balance of understanding. So, whilst I think the present system helpful whereby more Government backbenchers can contribute to the debate, I think as long as there is a degree of self-control about all that, then the system is not going to break unduly. However, if we get to the stage where Government whips, regardless of party, are just encouraging more and more backbenchers to make Government-supported points to the extent that the Opposition is not getting enough time to fulfil its scrutiny role, then I think the system will start to change for the worse and so we have to be careful that our committee structure just does not become a smart public relations exercise but is actually getting on the record the views of outside groups who can only really use the Opposition in order to register the point if they have not already made it to the Civil Service before the bill ever reaches the House of Commons.

  Mr Illsley: Could I make a point on the scrutiny deficit and again on programming. One of the problems faced by chairmen quite often is that the programme motion brought forward by the Government usually and agreed by both sides is quite often wildly optimistic and you reach a stage very quickly in the timing of a bill where everyone realises that the knives are not going to be met and huge rafts of the bill will simply be voted through when we approach where the knife falls. So, in answer to Mr McLoughlin's point, I think it is more flexibility rather than less and the ability for programming sub-committees to meet to actually change the programme motion for the bill. I chaired more recently a Criminal Justice Bill which lost huge sections of it, even then, it had eight or nine separate programme sub-committees, because of the difficulties in timetabling that Bill.

  Q182 Sir Nicholas Winterton: Surely the programme sub-committee or the business sub-committee of a Standing Committee can only, as it were, change the knives within the standing committee. It cannot change the outdate, so it really is only going to extend the time for debate within the period up to the outdate from Standing Committee.

  Mr Illsley: This is where a debate takes place between both sides during the committee when they realise perhaps that certain sections of the bill which are controversial or which they wish to debate in some detail will be missed because of where the knives are going to fall and obviously there is no extra time that can be added into the programme.

  Q183 Sir Nicholas Winterton: Of course you can extend, as Sir Alan has indicated, the sittings of the Committee into the evening: instead of finishing at 7.00, of course you could continue to 8.00 or 9.00 or even 10.00 at night if that is necessary and you undertake the proper job and responsibility of scrutiny. Is that agreed?

  Sir Alan Haselhurst: Yes but the ethos has changed. If you relate it back to the principal point at issue, the sitting hours of the House, with the House finishing on a Tuesday in particular at 7.00, there is little appetite, the evidence seems to suggest, for members to sit on in Committee beyond that time.

  Q184 Joan Ruddock: My point follows directly on what Sir Alan has just said. Would it therefore not be possible to have Standing Committees sitting, say, at 4.30 on a Monday or even from 7.00 to 10.00 on a Monday? Most people, I think, are probably in the House by about 4.30 on a Monday and this would both fit with the times that the House itself is sitting and then one does not have that bad feeling of, they have all gone home and I am still here, and it could begin to alter the shape of the week because it is my contention that what has gone wrong with the new hours is certainly we are doing as many hours and I   believe it is sometimes even more hours, but somehow the shape of the week seems to be that we only have Tuesday and Wednesday. If we look to Monday and better use of Monday and make some adjustments on Thursday, we might end up by solving what appear to be the problems resulting from the new hours. So, why not Mondays and should we look at the shape of Thursdays?

  Sir Alan Haselhurst: Anything is possible but there has been a shift in emphasis, I believe, in the work of Members of Parliament or the perception of their work and there is now more pull, shall I say, from the representative constituency function than there used to be and therefore the readiness of a member to depart from whichever far part of the United Kingdom it was to be here in London for business of the House has diminished as there are things to do, that member perceives, in the constituency before arrival here. So, we have got into a collective habit, I think, of not arriving particularly early on Monday and indeed that was recognised by the decision of the Modernisation Committee not to recommend that we sat at 11.30 on a Monday. The other thing I would ask the members of the Committee to bear in mind is that so many Members of the House are only used to a House made up as the present House is made up and things can be very different in a situation where the governing party has a small majority and it is very important to make decisions which apply to as many circumstances as one can conceive and I think that there will be very much greater pressure on members to be here more often if there were a tight majority. What happens when there is a large majority—it happened in the 1980s and it has happened again since—is that the Government Whips do not need their maximum numbers here on every occasion and therefore there is almost a system of time off to be in the constituencies and the more that happens, the more members feel they have to fulfil that because otherwise they will have political competitors snapping at their heels. One can think what one likes about that but it has become a fact and I believe personally that the balance between our representative function and our scrutiny function has altered in such a way that the scrutiny function is now being performed less assiduously than it used to be.

  Q185 Mr Heald: Often in a bill will be certain clauses which are the key clauses where all the controversy is and other clauses where there will not be much argument. Generally speaking, I think Sir Alan you have said that to have knives is really quite counterproductive and that certainly as few as possible for programming is the way forward. Of course, if there is not enough time allocated overall or it is a matter of controversy, that can mean that you do not get to a particular clause which is important. Is another way of looking at this to say, look, we will have a programme without any knives at all, just the end date, but we will make an appointment for a particular clause or two or three clauses and they are definitely going to be dealt with on a particular day and they will have five hours and that way at least you protect the main pillars of the bill for debate?

  Sir Alan Haselhurst: I think that is possible but I am not sure it can be done by formula, I think it has to be done by cooperation and it can often be, can it not, that a government in midstream will change their mind about a particular part of a bill or will have listened to representations, whether they have come from the Opposition parties or from outside sources, and want to change the focus of the bill and insert a large section of new clauses. That is not easily anticipated beforehand by again a set programme or template. I think it does in the end come down to cooperation, further programming, but the test of all this is whether there is in total sufficient time to cover the content of a bill and the contingencies which may arise if a bill is radically altered at some stage during its committee passage.

  Mr Illsley: Again, it comes back to Sir Alan's point on cooperation between the two sides and I have had experience of chairing a committee and speaking informally to the whips on either side to try and achieve a consensus of debating the controversial clauses, if you like, to try and agree an informal programme within the knives to try and accommodate the debate for the length of time both the Opposition want and Government want. Occasionally, it does happen where the controversial clauses that everybody thinks will take up a huge part of the debate turn out not to be the main controversial clause and that innocuous looking clause within a bill can then hold a bill up for a day/day-and-a-half because something is revealed during the debate which proves it to be controversial. So, it is flexibility which is the key issue.

  Derek Conway: I think it is very important for the Committee and for the House in due course to take Sir Alan's warning quite seriously. When I came to the House in 1983, the governing party had a majority of 140 and the biggest problem the business managers had was trying to keep us all amused and causing as least trouble as possible, whereas by 1996 on committees, there was a majority of one on standing committees and then everybody becomes much more focused indeed than the present more relaxed atmosphere where the majorities can be bigger. I think the House is slipping into a way of thinking as it is now it will ever be and I think that is a dangerous basis upon which to keep changing our procedures because the atmosphere is very different if you are chairing or trying to run a standing committee with a majority of one to a standing committee where you have a majority of several and I think that some of our colleagues do not quite appreciate that difference.

  Q186 Mr Tyler: Reverting to the hours more strictly, Sir Alan, you have said that the appetite of members, the willingness of members to stay on after the Chamber has risen is a problem. Tempting as it is I think for some of us old lags who have sat through the night, indeed in a committee where there was no majority in 1974 and I was the majority, to think that these young things have no stamina, I do think that we should recognise that there is some illogicality anyway of saying that the Chamber should not be sitting late into the night because we are not very good at our job, 10.00, 11.00, 12.00 at night, and yet somehow in committee members are going to be more alert to do what is actually a much more difficult job in committee. So, I do not think it is just willingness, is it? It is actually doing a good job. That brings me to the particular question that I wanted to put to Derek who said earlier that the lack of a standard start time in the morning is a problem. Is there a standard start time in the afternoon? Is it 1.30 or 2.00? Clearly, that is just as important, is it not?

  Sir Alan Haselhurst: It is meant to be 2.30.

  Q187 Mr Tyler: Is that not absurdly late given that questions are over by 12.30? A statement, usually only one, goes for an hour. Could we not at least get an hour then which we have lost in the morning and could gain then?

  Derek Conway: I think we fatter men sometimes enjoy something to eat midday! It is all right for fit people!

  Mr Illsley: I think it probably reflects the interval from the previous session, a session finishing at 1.00 and restarting at 4.30 in the afternoon, so the interval is probably the same carried over.

  Q188 Mr Tyler: Is the interval necessary?

  Mr Illsley: It is 11.30 until 2.30, so that you get a four-hour interval.

  Q189 Mr Tyler: Is that necessary?

  Mr Illsley: It is a matter of personal opinion.

  Sir Alan Haselhurst: Taking up Mr Tyler's first point, I do not think there is a significant group of Members of the House who are arguing to go back to sitting hours which carry on through the night. I would have thought that that argument was done and dusted. The question is a more limited one, as to whether 7.00 is right on certain days or 10.00 or indeed there could be other variants of that and I think that because the job of a Member of Parliament is a strange one, with this increased requirement of constituents, there is more time needed for that and therefore it is how you could fit that in conveniently with, if you like, the original job of sending someone to Westminster to represent you, which was to scrutinise legislation on their behalf. I think it then has to be a matter of judgment as to whether you can still do a job effectively up until 9.00 at night or 10.00 at night. No one is seriously suggesting that by rejecting the present hours one wants to go back to sitting through the night and therefore manifestly not being able to do an acute job in those hours.

  Derek Conway: What I do not really see happening—and there are other chairmen as members of this Committee—is filibustering. I think there is often frustration on both the part of the Government and the Opposition in committee when they are being affected by the programming motion. It is not just the Opposition that is getting frustrated by it, sometimes ministers are not covering what they need to cover and are becoming frustrated by the time out limitations of the programme. I do not think there is a problem of time with scrutiny as in former days when everybody would start talking about whose great granny was great granny just to keep the thing going. I really do not feel that is happening in committees anymore, whereas it was a very common feature when we had to get 100 hours in the bag before any kind of agreement could be made to make progress. So, I do not think members are abusing the system on either side at the moment.

  Sir Nicholas Winterton: Before I pass to Richard Shepherd, can I just say both to our witnesses and to members of the Committee that we are of course discussing sitting hours rather than programming although there is, I have to say, a link between them, but sitting hours is the main thrust of this inquiry.

  Q190 Mr Shepherd: And of course the extent to which we can do the business of the House within these sitting hours. Just to start with, a point of information for the record perhaps, do standing committees sit on Monday?

  Sir Alan Haselhurst: I do not believe they do.

  Mr Illsley: I have chaired a committee on a Monday.

  Q191 Mr Shepherd: The bulk of the Government's legislative programme is not dealt with at all on a Monday?

  Derek Conway: It is mainly statutory instruments.

  Mr Illsley: The business of delegated legislation in relation to the referendums on regional development agencies and the orders had to be through very quickly which is why we sat on a Monday.

  Q192 Mr Shepherd: I am observing that Monday is effectively a lost day other than a ceremonial arrival in the House of Commons in time to vote at 10.00 and that seems slightly incredible that we talk about the week running Monday even to Thursday now. In fact, it is perhaps Monday essentially is the proper place for the discharge of the volume of business that this House has to account for. I sit on the Joint Committee on Human Rights. It sat on Mondays. It no longer sits on Mondays, it sits on Wednesday and it sits on Wednesdays because the old time coincided with the meeting of the Parliamentary Labour Party—I think that is right—of whom the Chairman is the Chairman of the Parliamentary Labour Party. I am just trying to see how we could do it because it seems to me that one of the hearts—and we have more than one heart—of our business is the scrutiny of legislation and it is very distressing to read the unconsidered parts of bills now. I am not saying that they were always considered in the past, we know that that is not true, and so it is seeing how, whatever pattern of the hours, whether they were tweaked by half-an-hour on a Tuesday and a Wednesday and a Thursday or whatever. Sir Alan, would it be an appropriate place for standing orders to cite that standing committees should meet twice a day? They have that power already, do they not? It is down to the committee. Should the House itself set the rule that they will meet twice a day?

  Sir Alan Haselhurst: I think that is taking away from the flexibility which I believe we would argue for. It is not for chairmen to impose the idea of flexibility, it is simply what we observe about the way committees work. When there is greater flexibility, you are probably going to satisfy more people more of the time than if you had a prescribed procedure. It certainly seems to me that it is open to the Modernisation Committee in considering the evidence it receives to come up with the conclusion that the House might be encouraged to have standing committees on a Monday, not just largely reserve Tuesdays and Thursdays for that purpose.

  Q193 Mr Pike: Do you think it is a good thing?

  Sir Alan Haselhurst: Yes. It is a question then of whether it fits in with these other issues. There is the travel issue. Many Members of Parliament on a committee might find themselves to be leaving their homes earlier. That is again a matter for the House to decide and for this Committee to recommend, but not everyone, if they happen to find themselves on an important standing committee where their presence was definitely required by their whips, let alone their own interest, might be keen to be leaving home on Sunday night. That is a change of pattern which will have to be considered and I do not think necessarily everyone will be too happy with that. The other thing is the point I made earlier about the demands of constituency. Many would feel that they would like to make some visit or enter into some commitment in their constituency on a Monday morning before arriving at the House of Commons. The other thing one has to take account of is the proliferation of committees of the House that has taken place over the years. We have only been living 20 years with the present pattern of select committees which now take up a considerable amount of time. They are a part of the scrutiny process, so they are competing for the time that is available. There are all the backbench committees of the parties which are perhaps less active in a parliament which is unbalanced than in a parliament which is more finely balanced. Then there is the huge increase in the number of all party groups. It is an exponential increase. All I am trying to say is that there is so much more that Members need to fit into a parliamentary week and I think possibly standing committees have suffered a little in the process.

  Q194 Mr Shepherd: I do not want to lose the thread.  We were talking about the outdates, how committees consider bills within the overall and now, as I understand it, a bill comes in and it gives the outdate straight on the face of the bill, we know from the Commons. That does not tell you the number of hours' consideration allocated to a bill and this is really a discussion about the number of hours allocated to the consideration of a bill. I was going to just tease this idea. If, instead of saying that the outdate is whatever it is, we also say, if it is a standard formula because the whips informally used to adopt a sort of standard number of hours before they considered this was intolerable, on the face of the bill, they say there will be 100 hours or whatever is considered. That it finishes in less than 100 hours is clearly with the consent of the committee. If it takes longer than 100 hours, then there is a reason to go back to the Commons or to the Government to consider whether it should be allowed an extra allocation. I quite understand Members of Parliament seeing convenience in relationship to other matters which they judge to be urgent, but I am wondering how the House, within the framework of the available hours which are not being taken up by committees because of this conflict of alternative arrangements, whether on the face of the legislation and if one were going to try and continue with programming actually stated something like whatever was thought to be the standard measure or foresaying that these numbers of hours are available for the Committee to sit. That was the point.

  Sir Alan Haselhurst: I think you just have to set that against what has been widely perceived to be the convenience of Members. The whole argument, as I understand it, for a change in the hours was to do with the convenience of Members. In other words, if the convenience of Members has been elevated to a certain level, then is it for the convenience of Members to have the kind of suggestion that Mr Shepherd is making when in fact there will be then great uncertainty as to exactly when the Committee would sit in order to fulfil the hours that are specified and which would, in a controversial bill, be likely to be taken up. One of the things which I think some of us would remember is that, when there was a set pattern of standing Committee, you knew you were going to be put on a standing committee or indeed volunteered to be on a standing committee on a bill that interested you and you knew absolutely that it was going to be 10.30 until 1.00 and you wrote that off in your diary twice a week. Certainly 4.30 to 7.00 you wrote off and you had to keep open the possibility that you might be sitting a little later than that. It is also quite important for chairmen because I will have to say in parenthesis that I have a difficulty in finding a sufficient number of colleagues who are willing to undertake this important service to the House. They have to block off a considerable amount of their diary and I think if you were making that kind of prescription that it will put people off even more. I merely make that remark. I think the suggestion is one that needs to be seriously considered.

  Derek Conway: I think the point Mr Shepherd is making is critical to this argument because it is about outdates and outdates are important. If a party has a large majority in the Commons, what happens to its legislation in the Lords becomes much more critical and, when you have a small majority in the House of Commons, it is less so because the difficulty is in the Commons Chamber whereas at the moment the difficulty for the governing party is actually coming from the House of Lords. So, the Chief Whip's Private Secretary, who is really the mastermind behind all these outdates, has a much more difficult task of knowing how long their Lordships are going to take with a particular bill because otherwise when is the House going to change? Maybe carryover will change that pressure on those who are trying to manage the Government's business in both Chambers but I think a lot of it again relates to size of majorities and that is why I hope the Committee will bear that in mind when they are considering their conclusions.

  Mr Illsley: I think it is a question of willingness. The Committee Chairmen came in with the agreement of the two whips and extended the hours of sitting and there is simply a view that we finish at 5.00, that the session is 2.30 to 5.00 and the Committee ends whereas in the past we sat after the dinner breaks and, with the agreement of the whips, we can extend that 5.00 finish to 6.00 or even 7.00 and there is still a power to sit within the evening even after the House is adjourned but there is not a willingness amongst Members to do that.

  Q195 Mr Shepherd: You actually, Mr Illsley, introduce something that is very important because, under the old regime, there was a discussion within the usual channels as to whether the outdate was reasonable or not and therefore there was flexibility to that extent. There is no discussion of that nature now or largely it does not take place, so it is an imposition as to what the outdate is. So, there is no reasonable balance of whether the hour is possible.

  Mr Illsley: The only way in which the chairmen can extend is within the—

  Mr Shepherd: I appreciate that. That is why I was seeing if one cited hours and I was just testing the proposition as a general one, but that needs, as the Deputy Speaker, Sir Alan, said, goodwill on both sides. Nothing works without goodwill and this is not working.

  Sir Nicholas Winterton: I am going to ask for goodwill from this Committee that we now concentrate upon sitting hours rather than programming.

  Q196 Barbara Follett: I just want to wrap up this section which is the general section on standing committees and, though you have provided part of the answer already, I would like to know why you think that the Tuesday and Thursday sitting times  have become so entrenched for standing committees.

  Sir Alan Haselhurst: I think they were entrenched before I came to the House in the 1970s. It seemed to me there was a pattern to the week which allowed for a leisurely arrival on Monday from distant parts, it was possible to have some committee meetings, usually party meetings, that would take place on a Monday, there was a full schedule of those, and then your working week was Tuesdays and Thursdays for standing committees and Wednesdays for the very small number of other types of committee at that stage which took place and of course party committees went on as well. Prime Minister's questions were twice a week, so again that determined the length of time you were staying here, and there were then Friday sittings which were very rarely whipped. So, for most people, the fact that there was a Friday sitting, you just cleared off to your constituency—I then represented a northern seat and I was very rarely here on a Friday. The fact that the House sat was of small consequence to me. If I wanted to take part in a debate on London policing, I could have stayed for it and so on. That was the pattern I met with. What has happened since has reinforced it only to the extent that the biggest increase in activity for Members of the House has been the new select committee system.

  Q197 Barbara Follett: Is there an idea that select committees meet on a Wednesday?

  Sir Alan Haselhurst: Yes.

  Q198 Barbara Follett: I am just trying to get a pattern. We still seem to have party meetings on Mondays, standing committees on Tuesdays and Thursdays and select committees on Wednesdays but our problem is that we lose quite a lot of Thursday and Monday, they are getting eroded, so everything is getting collapsed into Tuesday and Wednesday.

  Derek Conway: It is an interesting point and certainly the Government is using Monday for statutory instrument and delegated legislation scrutiny and there is more of that happening now. I do not know if people resent that or not but it just seems to me that that is the slot that people have to try and find because select committees are primarily meeting on Wednesdays. I think we should not lose sight of the fact that, in the 1983 Parliament which I  came into, the Government then had 13 Government business three line whipped Fridays a session because of the scale of legislation that the Prime Minister was pushing forward. I think now that colleagues are more used to Fridays being very much a constituency day or whatever you want to call it, then maybe there is scope for this Committee and the House to consider whether Mondays is used  as wisely. What I certainly find in standing committees on Tuesdays and Thursdays is that Tuesday is not a problem but there is a marked reluctance by both the Opposition and the Government to meet Thursday afternoons and even the Committee I am chairing at the moment, although scheduled to meet on a Thursday, it is looking highly unlikely that it will because people actually feel that if there is not going to be a serious Government vote at 6.00 on a Thursday, then they would rather be off as soon as they can be. I think that has changed from my younger days where, if I left for Shropshire at 2.00 in the morning on Friday morning, it was a very good start to the week-end and a very unusual occurrence.

  Q199 Sir Nicholas Winterton: If I may just add, in case people have forgotten, Wednesday is also used for standing committees on private members' bills and select committees. So, the pattern of the House has been established for 30 or 40 years really with standing committees mainly on Tuesdays and Thursdays, private members' bill standing committees on a Wednesday and select committees on a Wednesday although of course they now do meet on other days of the week as well and some statutory instruments are taken on a Monday. So, as I think Sir Alan implied in his opening remarks, there has been huge compression of business particularly Tuesday, Wednesday and Thursday but even more business is now being done on a Monday.

  Mr Illsley: Another point in relation to Tuesdays and Thursdays for standing committees was the logistics of tabling amendments and having a space in order to table amendments before a certain clause came before the House.


 
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