The
Committee consisted of the following
Members:
Barlow,
Ms Celia
(Hove)
(Lab)
Bryant,
Chris
(Rhondda)
(Lab)
Cash,
Mr. William
(Stone)
(Con)
Davies,
Mr. Quentin
(Grantham and Stamford)
(Lab)
Gibson,
Dr. Ian
(Norwich, North)
(Lab)
Goodman,
Helen
(Deputy Leader of the House of
Commons)
Heath,
Mr. David
(Somerton and Frome)
(LD)
Johnson,
Ms Diana R.
(Kingston upon Hull, North)
(Lab)
Key,
Robert
(Salisbury)
(Con)
Pritchard,
Mark
(The Wrekin)
(Con)
Riordan,
Mrs. Linda
(Halifax)
(Lab/Co-op)
Robathan,
Mr. Andrew
(Blaby)
(Con)
Salter,
Martin
(Reading, West)
(Lab)
Smith,
Sir Robert
(West Aberdeenshire and Kincardine)
(LD)
Spellar,
Mr. John
(Warley)
(Lab)
Vara,
Mr. Shailesh
(North-West Cambridgeshire)
(Con)
Rhiannon Hollis, Committee
Clerk
attended the
Committee
Third
Delegated Legislation
Committee
Monday 23 June
2008
[Mr.
David Taylor in the
Chair]
Draft Ministerial and other Salaries Order 2008
4.30
pm
The
Deputy Leader of the House of Commons (Helen Goodman): I
beg to move,
That the
Committee has considered the draft Ministerial and other Salaries Order
2008.
It is a pleasure
to serve under your chairmanship this afternoon, Mr.
Taylor.
The Senior
Salaries Review Bodys report on parliamentary pay and
expenditure was debated in the House on 24 January and resolutions on
hon. Members' pay were agreed then. However, any changes to the
salaries of Ministers and other office holders were not discussed at
that time. The order gives effect to the Government policy set out in
the written ministerial statement of 16 January 2008 by my right
honourable and learned Friend the Leader of the House, which is that
ministerial salaries should increase at the same rate as those of
Members of Parliament. The order will therefore increase ministerial
and other office holder salaries by 0.84 per cent. of their value on 31
March 2007 from 1 April 2007 and by a further 1.06 per cent.
of their value on 31 March 2007, from 1 November 2007. The
total increase in the salary paid across the year will amount to 1.9
per cent., including the 0.66 per cent. automatic
increase.
Sir
Robert Smith (West Aberdeenshire and Kincardine) (LD):
There has obviously been some concern about the order being
retrospective. Perhaps the Minister will clarify why it took so long,
from the statement in January till now, for us to debate the
order.
Helen
Goodman: The hon. Gentleman makes a reasonable point. It
is largely down to the detailed, technical nature of the order, which
had to be considered, and a shortage of staff in the relevant division
in the Cabinet
Office.
Wehave
noted the conclusions of the Joint Committee on Statutory Instruments
on retrospectivity, which the hon. Gentleman raised. As is highlighted
in the JCSI's report, the Government accept that the order is
retrospective. Nevertheless, they believe that the general presumption
that powers delegated in enactments are not capable of being exercised
retrospectively is outweighed by other factors in this case. In
particular, some backdating of salaries is now common practice,
especially in the public sector, due to the timings of negotiated pay
settlements. The practice of backdating ministerial salaries, to a
limited extent, has also been reflected in previous orders relating to
ministerial salaries, such as the Ministerial
and other Salaries Order 2001 and the Attorney General's Salary Order
2000, both of which were approved by the
House.
The order
relates only to increases in 2007-08 and matches, as I have mentioned,
the increase that hon. Members awarded themselves in
January. The provisions of the order do not clash with Government
policy on ministerial salaries, as announced by my right hon. Friend
the Prime Minister, which is that ministerial colleagues will not be
accepting any increase to their pay in 2008-09. I commend the order to
the
Committee.
4.33
pm
Mr.
Shailesh Vara (North-West Cambridgeshire) (Con): It is a
privilege and pleasure, Mr. Taylor, to serve under your
chairmanship today.
I
do not intend to detain hon. Members for any longer than is absolutely
necessary. We Conservatives will not oppose the measure under
consideration. However, given that we are talking about money, may I
just put on the record the fact that the Deputy Leader of the House
does not receive a ministerial salary? I suspect that that is not her
own choice but, partly, because the Government simply ran out of
ministerial positions. She deserves the moneyif it were
available.
4.34
pm
Sir
Robert Smith: I thank the Deputy Leader of the House for
outlining the order. However, I am not sure that the order, which is
only a page and a half long, is really that complicated and technical,
as she said in response to my intervention. Something else must have
led to its protracted gestation. The Government should learn that, if
they make statements, they should be able to advance the legislation
that enacts
them.
Mr.
David Heath (Somerton and Frome) (LD): The complex,
technical part is in article 2: it is the sum that must, presumably,
have been worked out for Members of Parliaments salaries
already. So the technicality was transposing that sum from one piece of
paper to
another.
Sir
Robert Smith: Perhaps the Deputy Leader of the House will
explain what more complex technicality went into the order. I cannot
understand why it has been delayed for so long. The concerns about the
order being retrospective would have been far more limited had it been
advanced more urgently. The Government should get their act together.
If the general requirement is that things should not be retrospective,
they should do things in time. They should take away that important
message from this
discussion.
4.35
pm
Helen
Goodman: I should like to address two aspects of the
retrospectivity that hon. Members have mentioned. First, the order is
retrospective because part of the increase applies from the beginning
of April 2007, whereas the vote on hon. Members salaries, to
which the order is tied, was taken in January 2008. Obviously, that
retrospective aspect is necessary. I suppose that it would have been
possible for payments
on account to have been made to hon. Members beforehand and for those
Ministers who had had payments to have paid them back. However, I am
sure that Committee members will agree that that would have been far
too complex, ridiculous and
unnecessary.
Secondly,
the order applies only to those Ministers and other office holders who
are still in post now, when the order comes into force. Although the
order could have been framed prospectively, so as to confer equivalent
increases on those Ministers and other office holders, that, too, would
have been complicated. We were considering that aspect in between the
motion in January and bringing the order to the Committee this
afternoon.
Mr.
Andrew Robathan (Blaby) (Con): I did not mean to
intervene
Chris
Bryant (Rhondda) (Lab): He does get
paid.
Mr.
Robathan: I declare an interest: I do indeed get paid. We
Conservatives would understand entirely if the Deputy Leader of the
House wished to withdraw the motion and not move it until she got a
salary.
Helen
Goodman: I am pleased that Opposition Members are so
concerned for my financial welfare. However, I have to report that I am
motivated by a desire to support and work for the current
Government.
Without
further ado, I commend this order, which all Committee Members accept
is
sensible.
Question
put and agreed
to.
Resolved,
That
the Committee has considered the draft Ministerial and other Salaries
Order
2008.
Committee rose
at twenty-two minutes to Five
oclock.