Memorandum from the Clerk of the House
of Commons (M23)
STRENGTHENING THE
ROLE OF
THE BACKBENCHER
1. How backbenchers perform their role as
Members of the House is largely a matter for each Member to decide.
It is of course important that all Members attend the Chamber
as frequently as possible and participate in proceedings. But
the potential range of activities in which Members may be engaged
is wide and it is inappropriate for me to prescribe how they should
perform their functions. Instead I address some of the detailed
questions posed by the Committee's terms of reference.
INDUCTION
2. The first important matter highlighted
in those terms of reference is about the arrangements made after
a general election to introduce new Members to the work of the
House. The Clerk's Department has played a full part in the House-wide
induction programme for new Members since 1997. Details of the
induction programme in 2005 are included in the Memorandum from
the Services Information Group.
3. The induction training for Members is
much more complicated than that which the Department operates
for staff because of the breadth of information which must be
made available and the wide range of services of interest to Members.
As I have already said, since there is no model job description
for Members they must decide for themselves what aspects of Parliamentary
work they wish to concentrate on and what they need to know to
do their job effectively.
4. The Clerk's Department naturally concentrates
on explaining the work of the Chamber and Committees, for which
the Department is responsible. [1]We
have a large number of staff with long experience of the institution
and of how Parliamentary opportunities can be used to full effect.
It is an important resource at the disposal of Members. A programme
of briefings on House business and procedure is offered but we
could provide individual briefings for Members if that was wanted.
In any case, Clerks are always ready to advise Members in private
about any matter of the House's business. To improve on what was
done in 2005, I would welcome views from the Committee on what
further assistance we can offer Members after the next General
Election.
Period available for induction of new Members
5. There is a very limited time for new
Members to learn about the work of the House before they become
inundated with constituency and party obligations. This is partly
due to the relatively brief gap which occurs between the General
Election itself, the meeting of the House to elect a Speaker and
to swear in Members, and the State Opening of the session. The
table below shows that the period between the election and the
formal commencement of business has not always been quite so compressed.
| Date of General Election
| First day of the meeting of Parliament
| Intervening days | Date of first day of Queen's Speech Debate
| Intervening days |
| Thursday 23 February 1950 | Wednesday 1 March 1950
| 6 | Monday 6 March 1950 |
5 |
| Thursday 25 October 1951 | Wednesday 31 October 1951
| 6 | Tuesday 6 November 1951
| 6 |
| Thursday 26 May 1955 | Tuesday7 June 1955
| 12 | Thursday 9 June 1955 |
2 |
| Thursday 8 October 1959 | Tuesday 20 October 1959
| 12 | Tuesday 27 October 1959
| 7 |
| Thursday 15 October 1964 | Tuesday 27 October 1964
| 12 | Tuesday 3 November 1964
| 7 |
| Thursday 31 March 1966 | Monday 18 April 1966
| 18 | Thursday 21 April 1966
| 3 |
| Thursday 18 June 1970 | Monday 29 June 1970
| 11 | Thursday 2 July 1970 |
3 |
| Thursday 28 February 1974 | Wednesday 6 March 1974
| 6 | Tuesday 12 March 1974 |
6 |
| Thursday 10 October 1974 | Tuesday 22 October 1974
| 12 | Tuesday 29 October 1974
| 7 |
| Thursday 3 May 1979 | Wednesday 9 May 1979
| 6 | Tuesday 15 May 1979 |
6 |
| Thursday 9 June 1983 | Wednesday 15 June 1983
| 6 | Wednesday 22 June 1983
| 7 |
| Thursday 11 June 1987 | Wednesday 17 June 1987
| 6 | Thursday 25 June 1987 |
8 |
| Thursday 8 April 1992 | Monday 27 April 1992
| 19 | Wednesday 6 May 1992 |
9 |
| Thursday 1 May 1997 | Wednesday 7 May 1997
| 6 | Wednesday 14 May 1997 |
7 |
| Thursday 7 June 2001 | Wednesday 13 June 2001
| 6 | Wednesday 20 June 2001
| 7 |
| Thursday 5 May 2005 | Wednesday 11 May 2005
| 6 | Tuesday 17 May 2005 |
6 |
6. While it is unrealistic to expect much of a gap, there
could be a slightly longer period than has been allowed recently
for induction of new Members, allowing them to concentrate on
adjusting to the Parliamentary way of life before the pressure
of formal business builds up. The table shows that from 1955 to
1974 and again in 1992 the House did not meet formally until at
least the second week after the election. Reversion to such a
practice would provide a window of opportunity for new Members
to settle into parliamentary life. If such a timetable were adopted,
the Clerk's Department (along with others) would be ready to offer
any additional services and support that was thought useful and
up to date.
CONVENTIONS AND
COURTESIES
7. The procedural briefings given, and leaflets prepared
in 2005 included those on the conventions and courtesies of the
House. These are largely based on rulings from the Chair, frequently
given at the behest of Members. They have evolved for good reason.
The House is a debating chamber and most conventions are designed
to assist (or not interrupt) the flow of debate and to facilitate
a proper and orderly exchange of views. [2]Mr
Speaker regularly writes to Members about the conventions of the
House and a brief article elaborating the conventions is contributed
to The House Magazine after each General Election. A copy
of Mr Speaker's most recent letter is appended to this Memorandum.
The Modernisation Committee has previously considered these conventions
in 1998 and some have been modified as a result of the Committee's
Report and it may be timely to review them again. [3]
DO PROCEDURES
DISCOURAGE BACKBENCHERS
FROM CONTRIBUTING
OR EXCLUDE
THEM FROM
PARTICIPATION?
8. I have already noted that most procedures and conventions
are designed to ensure that there is genuine debate and exchange
of views in the Chamber—another example is the rule against
reading out speeches except in certain cases so that there is
a more natural "flow" of debate. [4]Members
may feel that they are unable fully to engage in debates because
they are not called to speak on every occasion when they seek
to catch the Speaker's eye. But frequently that stems from the
fact that the most popular debates are heavily over subscribed
and, even with use of the Standing Order on Short Speeches, it
is impossible for the Chair to call everyone. The problem that
new Members may experience in getting called to speak was addressed
by the Modernisation Committee when it recommended that precedence
in debate no longer be accorded to Privy Counsellors. [5]
9. New Members may also feel inhibited by the Chamber
but that may result from a lack of familiarity with it rather
than the hostility or unsympathetic nature of its atmosphere.
Years ago, incoming Members would be encouraged to sit in the
Chamber on a regular basis to soak in the atmosphere before taking
part in debates themselves. Nowadays a Member is inundated with
constituency work from the outset of his or her parliamentary
life and select committees and party activities compete for Members'
time to the exclusion of the Chamber. It is nonetheless important
for Members to become accustomed to participation in the Chamber,
and find their own style and way of contributing to its sometimes
lively atmosphere. I think establishing that style goes a long
way to dispelling any notion that it is an unfriendly or exclusive
place.
GUIDANCE ON
SERVING ON
SELECT COMMITTEES
10. General guidance is already offered to Members in
the induction programme about serving on committees of all types.
Members appointed to select committees will be given support by
the staff of their committee and specific assistance is offered
to Members joining a committee. If the Modernisation Committee
has any suggestions for further guidance or assistance, my Department
would be happy to consider them.
PARTICIPATION IN
SELECT OR
PUBLIC BILL
COMMITTEES
11. Some Members are concerned about the limited opportunities
available to participate in the work of select committees or Public
Bill Committees. Below is a table showing the total membership
of different types of committees since session 2002-03.
| Number of Members who served on:
|
Session |
Standing
Committees
(Public Bills)
| Standing
Committees
(Delegated
Legislation)
|
Chairmen's
Panel |
European
Standing
Committees
|
Select
Committees |
| 2002-03 | 424 | 525
| 27 | 41 | 394
|
| 2003-04 | 373 | 483
| 26 | 40 | 372
|
| 2004-05 | 194 | 477
| 28 | 40 | 348
|
| 2005-06 | 382 | 545
| 31 | 274 | 382
|
Although the figures do not tell the full story, it is clear
that not all Members are able to participate in the mainstream
work of either Public Bill Committees or select committees.
12. At the beginning of this Parliament, the size of
some select committees was increased, thereby adding to the number
of places available overall. But even now, only some 288 places
are available on the Departmental and other main investigative
Committees, with a further hundred places being available on domestic
or scrutiny committees. That leaves a significant proportion of
backbenchers without a select committee placement. It would be
difficult to add significantly to the number of Members involved
in select committees as presently constituted without changing
the character of the committees or increasing the number of sub-committees
operating. Clearly, the establishment of more committees or sub-committees
would have resource implications for the House. But it is a matter
which the Modernisation Committee might wish to consider.
COMMITTEES ON
PUBLIC BILLS
13. There is also a limited number of seats for members
on Public Bill Committees. In the last Parliament in the two normal
length sessions, 2002-03 and 2003-04 424 and 373 Members respectively
attended such committees (then known as Standing Committees).
Some of these committee placements involved only a small number
of sittings. It should also be borne in mind that Government Ministers
and Opposition frontbenchers are included in the figures. Overall
a significant proportion of Members is excluded from participation
in any one session.
14. It is true that any Member may attend and speak in
Delegated Legislation and European Standing Committees. But the
opportunities to attend and speak on significant or controversial
proposals are not frequent and even then lack of time will lead
to some Members being left out.
15. Adding to the number of Members taking part is not
a straightforward option. There is an optimum number of Members
who can participate in the proceedings on a Bill and expanding
numbers on each Committee would not make best use of Members'
time nor would it necessarily be welcomed by them.
16. One development which may have a positive impact
is the change from Standing Committees on Bills to Public Bill
Committees. The provision to allow Public Bill Committees to take
evidence (just launched in January 2007) may lead to Members gaining
a greater sense of involvement in the legislative process by making
individual contributions to the scrutiny process.
OPPORTUNITIES FOR
BACKBENCHERS TO
INITIATE DEBATES
17. Since the creation of Westminster Hall as a parallel
debating Chamber, backbenchers have considerably more opportunities
to initiate debates than have been available since 1945 and a
continuing erosion of backbench opportunities throughout the last
century has, in this particular way, been checked. As the Committee
will know from its inquiry into the use of non-legislative time,
these debates stemmed partly from the inquiries in the mid 1990s
on the sitting hours of the House (the Jopling reforms) and the
recommendation of the Modernisation Committee to replace Wednesday
morning sittings in the Chamber with more extended sittings in
Westminster Hall. Four one and a half hour and six half hour adjournment
debates are available each week. [6]This
total of nine hours exceeds by a considerable margin the time
that was formerly available either for Wednesday morning sittings
or, previously, for Private Members' Motions and Consolidated
Fund Bill debates. For example the paper on the use of non-legislative
time shows that in 1993-94 backbenchers disposed of a total of
approximately 120 hours for debates on Private Members' motions,
and on adjournments on the Consolidated Fund and prior to each
recess, whereas in 2003-04 they had 307 hours in Westminster Hall
alone.
18. It would be possible to increase the number or length
of sittings in Westminster Hall, adding time at the end of current
sittings or holding additional meetings on Monday or Tuesday afternoons
for example but that may not suit Members and would have resource
implications both for the House and for Government.
DEBATES ON
A SUBSTANTIVE
MOTION
19. What backbench Members cannot do currently is initiate
debates on a substantive Motion which would enable them to test
the opinion of the House on a subject at their own initiative.
The Committee will be aware that in the period before the Jopling
reforms, Private Members' motions took precedence on 10 Friday
sittings and on four Mondays up to seven o'clock. The Fridays
were gradually diminished partly in favour of additional time
for Private Members' Bills and finally to facilitate the establishment
of Constituency Fridays. The Monday afternoon debates were ended
as part of the changes following the Jopling report. Many Members
found the debates unsatisfactory; most were poorly attended and
only a minority of Members wished to retain them.
20. The questions for the Committee are whether there
is a demand for additional debating time for backbench Members;
and whether Private Members' Motions should be revived but if
so, how the time could be found for them. It should be recognised
that the success of Westminster Hall has been related to the fact
that the business taken there has been unopposed. It is unlikely
to be possible to take substantive Motions there without a consensus
for such a change or without an amendment to the Standing Orders
since only six Members are able to block proceedings under SO
No 10 (10) and they would be likely to do so if it was felt that
matters to be referred should properly have been debated in the
House itself. But such a reform would be a significant strengthening
of the role of a backbencher.
Malcolm Jack
January 2007
Annex
LETTER FROM
THE SPEAKER
TO MEMBERS
16 May 2005
CONVENTIONS AND
COURTESIES OF
THE HOUSE
At the start of the new Parliament it may be helpful if I
identify for all Members—but particularly for new Members—the
conventions and courtesies of the House which I, and the House,
regard as of particular importance:
— Members must address the House through the Chair.
Accordingly, other Members should not be addressed as "you"
but should be referred to as "the honourable Member for [constituency]",
"my honourable friend" or "the honourable Member
opposite". Privy Counsellors should be referred to as "Right
Honourable". Ministers can be referred to by office or simply
as "the Minister".
— On entering or leaving the Chamber, Members should
give a slight bow to the Chair, as a gesture of respect to the
House.
— Members should not cross the line of sight between
the Speaker and the Member who has the floor, or at Question time,
between a Member who is asking or has asked a Question and the
Minister who is responding to him.
— Members wishing to speak in debates in the Chamber
or in 90-minute debates in Westminster Hall should write to me
in advance. Members who have not written in may still take part
in debates by approaching the Chair or seeking to catch the Chair's
eye, but it is likely that preference will be given to those who
have written in.
— It is the custom of the House that new Members
should not seek to participate in exchanges in the House (at Question
Time or following Ministerial statements) or in Westminster Hall
until they have made their maiden speeches.
— Members must resume their seats whenever the Speaker
(or a Deputy) is on his or her feet.
— Members should notify colleagues whenever:
(a) they intend to refer to them in the Chamber;
(b) they table Questions which specifically affect colleagues'
constituencies;
(c) they intend to visit colleagues' constituencies (except
on purely private visits).
— Members must speak from the place where they are
called, which must be within the formal limits of the Chamber
(eg not from the cross-benches below the bar).
— Members may intervene briefly in each other's
speeches, but only if the Member who has the floor is prepared
to give way.
— Members speaking in debates should be present
for the opening and winding-up speeches, and should remain in
the Chamber for at least two speeches after they have concluded.
— Members may refer to notes but they should not
read speeches or questions at length.
— Members seeking to be called following a Ministerial
statement, Urgent Question or the Business Question must be present
for the whole of the opening statement.
— Members with oral Questions on the Order Paper
who cannot be present at Question Time must notify the Table Office
of their absence in good time.
— Members with oral Questions should not leave the
Chamber until supplementary questions on their Question have ended.
— Electronic devices, including mobile phones should
not be used in the Chamber. Such devices may be switched on as
long as they are in silent or vibrate mode. Members should not
use electronic devices as an aide-memoire, or to receive messages
when addressing the House. Members in the Chamber, whether seated
or speaking, will be asked to either resume their seat, or leave
the Chamber, if they are seen to be actively using these devices.
— Members should bear in mind Erskine May's dictum
that "good temper and moderation are the characteristics
of Parliamentary language". It is important that exercise
of the privilege of freedom of speech is tempered with responsibility.
QUESTIONS AND
STATEMENTS
— Prior to Departmental question time or Ministerial
statements, Members should only write to me seeking to be called
where they wish to draw my attention to a particular fact (eg
a constituency connection or personal interest) which they think
I should bear in mind. Members who submit generalised requests
to be called will be given no preference.
— A request to be called at Prime Minister's Questions
should be submitted only in the most exceptional circumstances.
An example might be where a human tragedy has taken place in the
constituency. Generalised requests to be called will be counter
productive.
DEBATES
— Members wishing to speak in debates in the Chamber
or in 90-minute debates in Westminster Hall should write to me
in advance. Members who have not written in may still take part
in debates by approaching the Chair or seeking to catch the Chair's
eye: but it is likely that preference will be given to those who
have written in.
— Selection of speakers in debate is at my discretion.
My objective at all times is to give all Members a fair opportunity
to take part in debate. I will take account of relevant experience
or expertise (in or outside the House), Members' expressed interests
or constituency involvement and the number of times Members have
previously spoken (or have failed to catch my eye) during the
Parliamentary session. Under the Standing Orders of the House,
wherever it seems to me appropriate I will impose time limits
on speeches in order to give as many Members as possible the opportunity
to contribute to debate. Members must understand, however, that
it will not always be possible for them to be called when they
wish to speak. The Chair will generally seek to be as helpful
as possible to Members seeking advice on the likelihood of being
called.
— It is not necessary to apply to speak when the
House is in Committee or is considering a Bill at Report stage.
It will be sufficient for Members to rise in their places on such
occasions.
— My office keeps comprehensive records of Members'
success and failure in being called in debate, following Ministerial
statements and at Prime Minister's, Business or Urgent Questions.
These statistics are always taken into account on a subsequent
occasion.
ADJOURNMENT DEBATES
— Half-hour adjournment debates in the Chamber or
in Westminster Hall are intended to be an exchange between the
Member and the Minister, who will respond on behalf of the Government
to the issues raised. Other Members may intervene in the debate
only with the permission of the Member and Minister concerned
and, if such permission is granted, the Chair must be so notified.
It is inappropriate to criticise other Members for failing to
attend an adjournment debate in which they cannot expect to participate.
Speaker
1
Briefings were also given by members of the Department on Standards
and the Code of Conduct in 2005. Back
2
For example, the requirements that Members entering or leaving
the Chamber should not pass between the Member speaking and the
Chair and that Members speaking in a debate should be present
for the opening and wind-up speeches. Back
3
For example, changes were made to the procedure for points of
order during divisions, and the prohibition on quoting from speeches
in the House of Lords was lifted. Back
4
See Erskine May Parliamentary Practice 23rd Edition, 2004, p 425. Back
5
Fourth Report 1997-98, Conduct in the Chamber HC 600. Back
6
A further three hours of debate in two weeks out of every three
is devoted to debate of select committee Reports. Back
| 
