Nature – in the House of Commons am 2:36 pm ar 24 Chwefror 2015.
Charles Walker
Chair, Procedure Committee, Chair, Procedure Committee
2:36,
24 Chwefror 2015
I beg to move,
That–
(1) this House approves the following recommendations of the Procedure Committee in its First Report of Session 2014-15, Business in Westminster Hall (HC 236), and Fifth Report, Business in Westminster Hall: Government response and revised
(a) that the final debate on Tuesdays and Wednesdays in Westminster Hall be extended from half an hour to an hour (First Report, paragraphs 5 to 11);
(b) that debate in Westminster Hall take place on ‘general debate’ motions (“That this House has considered [a specified matter]”), rather than motions for the adjournment of the sitting, provided that such motions are expressed in neutral terms (First Report, paragraphs 17 to 22 and 26, and Fifth Report, paragraph 6);
(c) that the Chairman of Ways and Means should be given overall responsibility for the business at all sittings in Westminster Hall, subject to the ability of the Backbench Business Committee and the Liaison Committee to nominate subjects for debate on Thursday afternoons (First Report, paragraphs 27 to 29);
(d) that the Chair in Westminster Hall should have the power to order a disorderly Member to withdraw from the sitting, and that if a disorderly Member refuses to withdraw when ordered by the Chair, the Chair should have the power to suspend the sitting and to report the conduct of the Member to the House (First Report, paragraphs 30 and 31); and
(e) that the provision of the existing
(2) with effect from the start of the next Parliament,
“Sittings in Westminster Hall
(1) On days on which the House sits there shall also be a sitting in Westminster Hall–
(a) on Mondays beginning at 4.30pm and continuing for up to three hours, if the Backbench Business Committee has reported its determination that a sitting in Westminster Hall to consider an e-petition or e-petitions should take place on that day;
(b) on Tuesdays and Wednesdays beginning at 9.30am, which shall be suspended from 11.30am till 2.30pm and may then continue for up to a further three hours; and
(c) on Thursdays beginning at 1.30pm and continuing for up to three hours.
(2) The exceptions are as follows.
(a) That there will be no sittings in Westminster Hall until the House has concluded its debate on the Queen's Speech at the commencement of each Session.
(b) That if the sitting occurs on a Tuesday or Wednesday which is the first day on which the House sits immediately following a periodic Adjournment of the House of more than two days, the sitting shall be between 9.30am and 2.30pm.
(3) When a sitting (including the time when a sitting is due to commence or resume), or any part of a sitting, in Westminster Hall coincides with a sitting of the House, the Chair shall suspend the sitting to allow Members to participate in any Division called in the House or a Committee of the Whole House, and the time taken for any such suspensions shall be added to the duration of the sitting in Westminster Hall specified in paragraph (1) of this order and to any time specified by the Chairman of Ways and Means under paragraph (6) of this order.
(4) Any Member of the House may take part in a sitting in Westminster Hall.
(5) The quorum at a sitting in Westminster Hall shall be three.
(6) The business taken at any sitting in Westminster Hall shall be such as the Chairman of Ways and Means shall appoint, and may include oral questions. The Chairman of Ways and Means may specify the finishing time of any business taken at a sitting in Westminster Hall; and the motion under consideration shall lapse at that time if not previously disposed of.
(7) Notwithstanding paragraph (6), the business taken at any Thursday sitting in Westminster Hall shall be such as the Backbench Business Committee or the Liaison Committee shall determine; and so far as possible the time available at such sittings during a Session shall be divided as nearly as practical equally between those committees, subject to the agreement of the Chairs of those committees.
(8) If a motion is made by a Minister of the Crown that an order of the day be proceeded with at a sitting in Westminster Hall, the question on it shall be put forthwith, but such motion may be made only with the leave of the House and may not be made on a Friday.
(9) If any business other than a motion for adjournment or a motion to which
(10) The Chairman of Ways and Means or a Deputy Chairman may take the chair in Westminster Hall as Deputy Speaker; and any member of the Panel of Chairs may also take the chair at a sitting in Westminster Hall when so requested by the Chairman of Ways and Means.
(11) If any Member persistently defies the authority of the Chair at a sitting in Westminster Hall, the Chair of that sitting may order the Member to withdraw from that sitting; and if the Member does not do so, the Chair may suspend the sitting and report the conduct of the Member to the House.
(12) Any resolution come to at a sitting in Westminster Hall (other than a resolution to adjourn) shall be reported to the House by the Deputy Speaker and shall be a resolution of the House.
(13) If at a sitting in Westminster Hall the opinion of the Chair as to the decision of a question (other than a question for adjournment) is challenged, that question shall not be decided, and the Chair shall report to the House accordingly; and any such question shall be put forthwith upon a motion being made in the House.
(14) At the end of each sitting in Westminster Hall, unless a question for adjournment has previously been agreed to, the Chair shall adjourn the sitting without putting any question; and proceedings on any business which has been started but not disposed of shall lapse.
(15) The provisions of Standing Orders No. 29 (Powers of chair to propose question), No. 36 (Closure of debate), No. 37 (Majority for closure or for proposal of question), No. 38 (Procedure on divisions), No. 39 (Voting), No. 40 (Division unnecessarily claimed), No. 41(Quorum), No. 43 (Disorderly conduct), No. 44 (Order in debate), No. 45 (Members suspended, &c., to withdraw from precincts), No. 45A (Suspension of salary of Members suspended) and No. 163 (Motions to sit in private) shall not apply to sittings in Westminster Hall.”
Sittings in Westminster Hall have become an established feature of House of Commons life. However, the Committee felt that there was room to make some small improvements to the second Chamber, which has remained largely unchanged since it came into use in November 1999. Although not welcoming all our proposals, the Government have supported many of the Committee’s recommendations in its report of
First, we recommend the introduction of two one-hour debating slots to take place at the end of Tuesday and Wednesday sittings. These hour-long debates will replace the half-hour debates at the ends of those two days and extend the sitting in Westminster Hall by half an hour. It is hoped that the hour-long debates will provide some additional flexibility for Members. This change, if approved by the House, will allow more colleagues to intervene or take part in a debate and provide the opportunity for the Opposition Front Bencher to make a short contribution. I stress that the emphasis really is on “short”—just a few brief observations. Additional tidying-up measures will see the Backbench Business Committee assume responsibility for allocating one 90-minute debate per week in Westminster Hall. As you will be aware, Madam Deputy Speaker, this has been trialled over the past year and has proved to be a success, so we wish to make it a permanent part of the House’s procedures.
We recommend that overall responsibility for the business of all sittings in Westminster Hall should be given to the Chairman of Ways and Means. Such a move would provide a single point of authority for all sittings and remove uncertainty about the oversight of Thursday sittings. The appointment of business for each day will continue to reflect the requirements set out in Standing Orders, protecting the nomination of debates by the Liaison Committee and the Backbench Business Committee. An advantage of transferring responsibility for Thursdays to the Chairman of Ways and Means is that on the rare occasions that neither the Backbench Business Committee nor the Liaison Committee have nominated a subject for debate, the Chairman could nominate a replacement subject.
The Committee recommends that those chairing Westminster Hall debates should have the power to order, as opposed to ask, a disorderly Member to leave the second Chamber. If the Member does not comply with that request, the Chair has the power to suspend the sitting and report the conduct of the Member to the House. Let me be clear: the purpose of giving the Chair such a power of last resort would be to make it more likely that it need never be used.
Finally, in a continued drive to make the procedures of the House more relevant and accessible to the public and its Members, we recommend that debates taken in Westminster Hall be termed “general debates” as opposed to “Adjournment debates”. The title of such debates must remain genuinely neutral and free from argument or implied opinion.
I hope that the recommendations that I have briefly outlined will find favour with the House.
Thomas Docherty
Shadow Deputy Leader of the House of Commons
2:39,
24 Chwefror 2015
I will follow the example set by the Chair of the Procedure Committee by being equally brief. We welcome the fact that the Government have found time to debate not just this but two other reports. We are disappointed, however, that time has not been found to debate the report on private Members’ Bills. I hope the Minister will tell us when we will debate the report, which suggests sensible, modernising steps that were agreed unanimously by the Committee, which also entered into a negotiation on them with the Government over an extended period.
I pay tribute to the Chair of the Committee, of which I am also a member. I am disappointed that the Government have not accepted the recommendation to switch Monday and Thursday sittings. I have always found the Leader of the House to be incredibly humorous, none more so than when he told the Committee that the Government were keen to preserve Thursday as a full day of business. Having attended many Thursday sittings, I am not sure that they are a fair reflection of all the business timetabled and I still believe it would be more helpful to colleagues for important Select Committee debates to take place on Monday afternoons and for e-petitions to be discussed on Thursdays.
In the spirit of going forward, however, we welcome the fact that the Government have accepted the other changes, particularly the useful innovation of one-hour debates. My recollection is that the proposal was for Opposition Front-Bench contributions to be very brief, but our position is that such debates would operate in the same way as a one-and-a-half-hour debate. Oppositions tend to have substantive policy—we certainly do—and it would be unfair to try to cram that into a few brief remarks.
I thank the Chair of the Committee for the way in which he set out the report and the Government for finding the time for the debate. I hope the motion can be agreed without dissent.
Tom Brake
Assistant Whip (HM Treasury), The Deputy Leader of the House of Commons
2:42,
24 Chwefror 2015
I support the motion in the name of my right hon. Friend the Leader of the House and that of the Chair of the Procedure Committee, my hon. Friend Mr Walker, relating to business in Westminster Hall.
I congratulate my hon. Friend on receiving his OBE at the Palace today, and I am grateful to him for returning to the Chamber. I know he has been keen for the House to consider and decide on the outstanding work of his Committee before Dissolution. I am pleased that we have been able to facilitate that this afternoon.
We will consider three of the outstanding reports of the Procedure Committee today, but there is further House business to attend to, including reports by the Procedure and the Standards and Privileges Committees, the Standing Order changes necessary to bring into effect the recommendations of the House of Commons Governance Committee report, and the House of Commons Commission Bill that we have just considered. I expect there to be further opportunities for the House to consider those issues before
Thomas Docherty
Shadow Deputy Leader of the House of Commons
I have listened carefully to the Deputy Leader of the House’s choice of words. It is our view, with the best will in the world, that a wide consensus is not the same as a Government veto. If the Government do not like a substantive part of the report on private Members’ Bills, they should say so publicly, which, ironically enough, is one of the things that the report seeks to get them to do in relation to private Members’ Bills. The Government simply not wanting to table a motion is not an excuse for not debating the issue in the House. The House is supreme and it should decide, not the Government.
Tom Brake
Assistant Whip (HM Treasury), The Deputy Leader of the House of Commons
I have heard what the hon. Gentleman has had to say. He has now made two forceful bids for that report to be debated. It is worth underlining, however, that the hon. Gentleman will be as aware as anyone of the range of views on the issue of private Members’ Bills and how the process could be improved, ameliorated or changed.
Charles Walker
Chair, Procedure Committee, Chair, Procedure Committee
Given that we have strained the area of private Members’ Bills, I shall be brief, Madam Deputy Speaker, because I know this is slightly naughty. The Government’s Opposition to so much of that report seems implacable, so it is probably best that it is not debated in this Session, unless that opposition relents.
Tom Brake
Assistant Whip (HM Treasury), The Deputy Leader of the House of Commons
I thank my hon. Friend for that clarification and apparent counter-bid to block any proposal to debate that particular report.
I would now like to move on to the motion and thank my hon. Friend for the way in which he set it out. The motion is the result of the Procedure Committee’s “Business in Westminster Hall” report, published in October 2014, and the follow-up report, which included the Government response and a revised
I am grateful to the Chair of the Committee for the comprehensive way in which he set out the implications for the House of agreeing the motion. I am also grateful for the work of the Committee and pleased that the report recognises that the Government accepted the Majority of the recommendations in the original report.
The changes that will be introduced if the House approves the motion represent a sensible package of evolutionary changes to the work conducted in the second Chamber. Westminster Hall has proved itself as a valued resource since its introduction in 1999. Indeed, I can confirm that I used to make extensive use of Westminster Hall, usually for debates on the future of my local hospital, St Helier, on which my right hon. Friend Paul Burstow and I continue to campaign to this day, although that is not the purpose of this debate. The changes will, I hope, add further to the status of Westminster Hall. We have already seen some of the changes during this Parliament. For example, the use of additional time on Mondays for the consideration of e-petitions by the Backbench Business Committee is testament to the sort of valuable work that is conducted in Westminster Hall.
The Procedure Committee’s recommendation for the provision of one-hour debates on Tuesdays and Wednesdays—by extending sittings for half an hour—will provide useful additional flexibility and is a welcome recognition of anecdotal evidence that many Members who wish to raise issues feel constrained by the limits of a 30-minute debate, but would not necessarily wish to apply for a 90-minute debate. That change will be welcomed by Members, without placing additional onerous requirements on Ministers and Opposition spokespeople. The arrangements set out in chapter 2 of the Committee’s original report, to provide an opportunity for Opposition spokespeople to participate in such debates, are sensible, although my hon. Friend the Member for Broxbourne will have heard a request from Thomas Docherty for clarification on the precise role that Opposition spokespeople will play. I and others would certainly appreciate clarity from the Procedure Committee on whether the proposal is optional or the Member who has initiated the debate will have to request it.
Similarly, the changes that mean that debates in Westminster Hall will be considered on neutral general motions, not Adjournment motions, is entirely sensible. Clearly, there are people among the wider public who understand what an Adjournment motion is, but I suspect the overwhelming majority of members of the public, and perhaps Members of Parliament, would be more comfortable with “general motions” as a clear description of what is being debated.
Charles Walker
Chair, Procedure Committee, Chair, Procedure Committee
On speeches by Opposition Front Benchers, the report says that
“so long as they are brief we recommend that Opposition spokespeople be able to participate in hour-long debates in Westminster Hall. We trust that Chairs in Westminster Hall, backed by the Chairman of Ways and Means and the Panel of Chairs, will offer robust guidance to Opposition spokespeople on the appropriate length of their speeches.”
It is not the Committee’s intention that Opposition spokespeople get the same amount of time as a Minister.
Tom Brake
Assistant Whip (HM Treasury), The Deputy Leader of the House of Commons
I thank my hon. Friend for that clarification, although it still leaves slightly open the question of whether it is optional. The Chair could choose not to allow the Opposition spokesman or woman to speak. I am sure that can be clarified in the future.
Many in the House are keen that our work is as open and transparent to members of the public as possible, and this is a small step in the direction of giving the House’s procedures greater clarity and consistency.
The Government did not agree with three issues in the original report. Those issues are set out in the Government response and the subsequent report containing the revised recommendations. I am grateful to the Committee for being willing to accept the Government’s view on those issues, and for bringing before the House a set of proposals that should have widespread support from across the House.
With regard to the use of substantive motions in Westminster Hall, the Government agree that the main Chamber is the proper place for debates on amendable business, not least in view of the practical difficulties surrounding voting in Westminster Hall. The Government do not wish to rule out the possibility of taking some substantive business in Westminster Hall at some point—for example, to remove pressure on the Chamber—but much more work would need to be undertaken on the practical and procedural implications. For that reason, the Government did not support the recommendations of the Committee for the repeal of paragraphs (9) and (12) of
The Committee recommended that the current sittings on Mondays and Thursdays be swapped so that Select Committee debates chosen by the Liaison Committee and Back-Bench debates would be taken on a Monday, and any debates on e-petitions would be scheduled on a
Thursday. Contrary to what the hon. Member for Dunfermline and West Fife said, the Government are committed to maintaining the integrity of Thursday as a full parliamentary day, which I hope all Members of the House will respect. The Committee’s proposals, which the Government could not support, would send a contrary signal, particularly given that there would be no business in Westminster Hall on many Thursdays.
The Committee proposed an earlier start and finish time in Westminster Hall on Thursdays. Without evidence of widespread support for this measure, the Government opposed it. I am grateful to the Committee for deciding not to press that proposal.
I again thank the Committee for its work. I ask the House to support the motion. If approved, the new Standing Order would be introduced at the start of the next Parliament.
Charles Walker
Chair, Procedure Committee, Chair, Procedure Committee
2:51,
24 Chwefror 2015
I just want to say that I am satisfied.
Question put and agreed to.
The clause by clause consideration of a parliamentary bill takes place at its committee stage.
In the Commons this usually takes place in a standing committee, outside the Chamber, but occasionally a bill will be considered in a committee of the Whole House in the main chamber.
This means the bill is discussed in detail on the floor of the House by all MPs.
Any bill can be committed to a Committee of the Whole House but the procedure is normally reserved for finance bills and other important, controversial legislation.
The Chairman of Ways and Means presides over these Committees and the mace is placed on a bracket underneath the Table.
An adjournment is a break in the course of parliamentary business.
The House adjourns at the end of each day's business.
On a daily basis the House adjourns, or breaks, half an hour after the moving of the adjournment debate.
The House is also adjourned for several holiday periods during the session.
The more lengthy adjournments - often coinciding with the academic calendar - are known as recesses.
The House of Commons is one of the houses of parliament. Here, elected MPs (elected by the "commons", i.e. the people) debate. In modern times, nearly all power resides in this house. In the commons are 650 MPs, as well as a speaker and three deputy speakers.
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The Deputy speaker is in charge of proceedings of the House of Commons in the absence of the Speaker.
The deputy speaker's formal title is Chairman of Ways and Means, one of whose functions is to preside over the House of Commons when it is in a Committee of the Whole House.
The deputy speaker also presides over the Budget.
The Speaker is an MP who has been elected to act as Chairman during debates in the House of Commons. He or she is responsible for ensuring that the rules laid down by the House for the carrying out of its business are observed. It is the Speaker who calls MPs to speak, and maintains order in the House. He or she acts as the House's representative in its relations with outside bodies and the other elements of Parliament such as the Lords and the Monarch. The Speaker is also responsible for protecting the interests of minorities in the House. He or she must ensure that the holders of an opinion, however unpopular, are allowed to put across their view without undue obstruction. It is also the Speaker who reprimands, on behalf of the House, an MP brought to the Bar of the House. In the case of disobedience the Speaker can 'name' an MP which results in their suspension from the House for a period. The Speaker must be impartial in all matters. He or she is elected by MPs in the House of Commons but then ceases to be involved in party politics. All sides in the House rely on the Speaker's disinterest. Even after retirement a former Speaker will not take part in political issues. Taking on the office means losing close contact with old colleagues and keeping apart from all groups and interests, even avoiding using the House of Commons dining rooms or bars. The Speaker continues as a Member of Parliament dealing with constituent's letters and problems. By tradition other candidates from the major parties do not contest the Speaker's seat at a General Election. The Speakership dates back to 1377 when Sir Thomas Hungerford was appointed to the role. The title Speaker comes from the fact that the Speaker was the official spokesman of the House of Commons to the Monarch. In the early years of the office, several Speakers suffered violent deaths when they presented unwelcome news to the King. Further information can be obtained from factsheet M2 on the UK Parliament website.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
The Opposition are the political parties in the House of Commons other than the largest or Government party. They are called the Opposition because they sit on the benches opposite the Government in the House of Commons Chamber. The largest of the Opposition parties is known as Her Majesty's Opposition. The role of the Official Opposition is to question and scrutinise the work of Government. The Opposition often votes against the Government. In a sense the Official Opposition is the "Government in waiting".
The term "majority" is used in two ways in Parliament. Firstly a Government cannot operate effectively unless it can command a majority in the House of Commons - a majority means winning more than 50% of the votes in a division. Should a Government fail to hold the confidence of the House, it has to hold a General Election. Secondly the term can also be used in an election, where it refers to the margin which the candidate with the most votes has over the candidate coming second. To win a seat a candidate need only have a majority of 1.
The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.
A proposal for new legislation that is debated by Parliament.
The Opposition are the political parties in the House of Commons other than the largest or Government party. They are called the Opposition because they sit on the benches opposite the Government in the House of Commons Chamber. The largest of the Opposition parties is known as Her Majesty's Opposition. The role of the Official Opposition is to question and scrutinise the work of Government. The Opposition often votes against the Government. In a sense the Official Opposition is the "Government in waiting".
The term "majority" is used in two ways in Parliament. Firstly a Government cannot operate effectively unless it can command a majority in the House of Commons - a majority means winning more than 50% of the votes in a division. Should a Government fail to hold the confidence of the House, it has to hold a General Election. Secondly the term can also be used in an election, where it refers to the margin which the candidate with the most votes has over the candidate coming second. To win a seat a candidate need only have a majority of 1.