Points of Order

– in the House of Commons am 4:39 pm ar 24 Mehefin 2019.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Margaret Greenwood Margaret Greenwood Shadow Secretary of State for Work and Pensions 4:39, 24 Mehefin 2019

On a point of order, Mr Speaker. Last June, the Government pledged to make payments to people in receipt of severe disability premium who had lost out in transferring to universal credit, but a year later those payments have still not been made. They were part of regulations to the managed migration pilot, which is due to start in July. It will be July next week and the Government have failed to tell this House what is going to happen with either the pilot or the payments. Have you, Mr Speaker, had any indication of whether the Government intend to make a statement to clarify the situation? If not, could you advise on how I might secure such a statement?

Photo of John Bercow John Bercow Chair, Speaker's Committee on the Electoral Commission, Speaker of the House of Commons, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Commons Reference Group on Representation and Inclusion Committee, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Speaker's Committee on the Electoral Commission, Chair, Commons Reference Group on Representation and Inclusion Committee

I have certainly received no indication of any intention on the part of a Government Minister to make an oral statement in this Chamber. However, the consequence of the hon. Lady raising this point of order is that the Treasury Bench has been alerted to her concern. I would very much hope, in the spirit of courtesy, that the Government would give her advance notice of their intention to make such a statement. I hope that that is helpful.

Photo of Peter Bottomley Peter Bottomley Ceidwadwyr, Worthing West

On a point of order, Mr Speaker. You may have been as surprised as I was to read in The Times today that the Government have paid £118,000 to a company called Big Ideas to get lots of apparent objections to the objections to the Victoria Tower Gardens being used for a national holocaust memorial and learning centre. Until the close of objections to Westminster City Council, the Majority were against the proposal. Now that Big Ideas has been there, the numbers have gone up massively, apparently mostly in favour.

Will the Government please explain who made the decision to use public money to influence the apparent responses to a consultation on a planning application that the Government themselves have made? This is the first time I have ever heard of this happening. It deserves an explanation and perhaps the Minister can explain now.

Photo of John Bercow John Bercow Chair, Speaker's Committee on the Electoral Commission, Speaker of the House of Commons, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Commons Reference Group on Representation and Inclusion Committee, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Speaker's Committee on the Electoral Commission, Chair, Commons Reference Group on Representation and Inclusion Committee

The matter is certainly of compelling interest to the right hon. Gentleman—if he has been admitted to the Privy Council. If he has not, it can only be a matter of time. In that case, it is a matter not of compelling interest to the right hon. Gentleman, but of compelling interest to the hon. Gentleman. It is also of notable interest to a great many other people to boot. However, the attempted point of order—I use that term advisedly, as he will understand—does suffer from the notable disadvantage, which does not put it in a minority category, that it is many things but not a point of order. In other words, it is not a matter for the Chair; it is not for my adjudication.

In so far as the hon. Gentleman is referring to something that seems to resemble an organised campaign, I cannot say that that of itself is a great shock to me. However, his reference to the fact that there is public money involved is of course of great interest and does render the matter worthy of ministerial attention. It is quite open to a Minister now to respond and to seek to assuage the concerns of the hon. Gentleman, but I do not notice a Minister leaping to his feet with alacrity to do so. Indeed, it would be fair to say that the Leader of the House is seated comfortably in his perch on the Treasury Bench. Ah—he evinces a display of interest. Does the Leader of the House wish to comment? He is not obliged to do so, but we are always happy to hear his mellifluous tones.

Photo of Mel Stride Mel Stride Lord President of the Council and Leader of the House of Commons

Further to that point of order, Mr Speaker. My hon. Friend’s point is noted. I do not know the answers to his very specific questions with regard to the appointment of the Big Ideas group, but I will look into the matter and I will come back to him on it.

Photo of Jess Phillips Jess Phillips Llafur, Birmingham, Yardley

On a point of order, Mr Speaker. I wonder if you could give me some advice or perhaps commission, in your role as the Chair of the House, some training for Members on the issue of domestic violence. This weekend, I have been shocked and appalled at the rush of Members insisting on moving back the dial in this area to suggest that such matters are private family matters to be kept within the confines of walls. Now, I am certain that in almost any circumstance the people in this House do not believe that that is the case. However, I guess they had their priorities elsewhere when they went out to say it. That led to all the women’s charities in this country having to reissue a statement to assert that of course people should call the police; of course people should gather evidence where they can; and of course people should try to intervene. The message that came from this House—perhaps you could send a different message today, Mr Speaker—was that people should not try to help. Please, Mr Speaker, will you assert that domestic abuse is never just a domestic? It is never a personal family matter?

Photo of John Bercow John Bercow Chair, Speaker's Committee on the Electoral Commission, Speaker of the House of Commons, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Commons Reference Group on Representation and Inclusion Committee, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Speaker's Committee on the Electoral Commission, Chair, Commons Reference Group on Representation and Inclusion Committee

I am grateful to the hon. Lady for her point of order. I know she will understand that it would not be right—and I would not choose or presume—to comment on any particular case, and I do not do so. Anything I say should not be interpreted as an attempted commentary on particular circumstances—[Interruption.]—and nor should anything said by the hon. Lady. However, in so far as she asks me to confirm my understanding—and what I am sure will be the understanding of colleagues—that domestic violence or abuse is a matter of enormous and consuming public concern, and that it cannot be regarded as a purely private matter, I am very happy to confirm that from the Chair.

As the hon. Lady has raised an issue of concern and referenced training, I just say—I think this would probably be echoed by the Leader of the House and the Shadow Leader of the House if she were in her place, which she is not expected to be at this time—that under the independent complaints and grievance scheme, as colleagues will know, there is an opportunity for people who have complaints to make of bullying, harassment or sexual harassment to do so. She will also be aware that as part of the House’s response to the issue that has arisen over the last 18 months or so, a programme of training, not merely for staff of the House but, very importantly, for Members, has been made available. That training is now being taken up by Members. I know that the former Leader of the House, Andrea Leadsom, undertook such training, and the staff of my office and I have been on that training, which I absolutely commend to all colleagues. It is very much in all our interests that we open ourselves to that training, counsel and advice. I hope that that is helpful to the hon. Lady.

Photo of Alistair Carmichael Alistair Carmichael Liberal Democrat Chief Whip, Liberal Democrat Spokesperson (Environment, Food and Rural Affairs), Liberal Democrat Spokesperson (Northern Ireland)

On a point of order, Mr Speaker. The House heard your statement earlier on the recall petition from the Constituency of Brecon and Radnorshire. This is still a fairly novel procedure, so I would be grateful if you gave us some guidance. Will you confirm that this vacancy stands to be treated in the same way as a vacancy created by any other means—that is, the death or resignation of a Member—and accordingly, whether you have received any indication from the Chief Whip of the Conservatives that he intends to move the By-election writ for this constituency soon? We are at a moment where the arithmetic of this House matters more than it has ever done, and where we hear Members in the governing party speaking openly about the possibility of proroguing Parliament to avoid it having its say in respect of a no-deal Brexit. It therefore seems that the people of Brecon and Radnorshire should have some protection to ensure that the current, rather well-tailored “Hunger Games” that we see going on in the Conservative party should not leave them unrepresented a second longer than they need to be.

Photo of John Bercow John Bercow Chair, Speaker's Committee on the Electoral Commission, Speaker of the House of Commons, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Commons Reference Group on Representation and Inclusion Committee, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Speaker's Committee on the Electoral Commission, Chair, Commons Reference Group on Representation and Inclusion Committee

I am grateful to the right hon. Gentleman for giving me notice that he wished to raise this matter. The new edition of “Erskine May” states in paragraph 2.12:

“By convention, the motion”

—the motion to which reference is being made is that for the issuing of a warrant for a new writ—

“is moved by the whip of the party which last held the seat.”

I emphasise that that is the starting premise in these matters. I am confident that the right hon. Gentleman is aware both of that convention and of the recourse open to him if there is what he considers—indeed, others might agree—an unreasonable delay in the Government Chief Whip moving the motion. The timing of the By-election, after the House agrees to the relevant motion, is a matter for statute law and those empowered under the relevant statute. It is not something on which I can pronounce, but I hope that the two parts of the right hon. Gentleman’s concern have been at least adequately addressed by my initial response.

Photo of Sarah Wollaston Sarah Wollaston Chair, Health and Social Care Committee, Chair, Liaison Committee (Commons), Chair, Health and Social Care Committee, Chair, Liaison Committee Sub-committee on the effectiveness and influence of the select committee system, Chair, Liaison Committee (Commons), Chair, Liaison Committee Sub-committee on the effectiveness and influence of the select committee system

On a point of order, Mr Speaker. The Prime Minister has just clarified that there will be no opportunity to debate the motion on the summer Adjournment dates. This is an extremely grave matter. About 0.25% of the population will be selecting the next Prime Minister at a crucial time in our history. Is there anything you can do to make sure that the House has an opportunity, when other Members are here, to properly debate this issue and make sure that the next Prime Minister can be held to account by this House without there being an extended period of summer recess in the way?

Photo of John Bercow John Bercow Chair, Speaker's Committee on the Electoral Commission, Speaker of the House of Commons, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Commons Reference Group on Representation and Inclusion Committee, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Speaker's Committee on the Electoral Commission, Chair, Commons Reference Group on Representation and Inclusion Committee

I am grateful to the hon. Lady and most certainly understand her concern. I want to offer her two responses. First, it is perfectly open to Members if they disapprove of the motion to vote against it. They are not obliged to accept it; they can oppose it. Secondly, although I do not myself know at this stage what is in the minds of Ministers today, or what was in their minds at the time of the tabling of the motion, since I am not psychic and it was not something they discussed with me or would ordinarily have been expected to discuss with me, I can tell her something that may be of interest to her.

I have been assured that there is no intention on the part of the Government to prevent the new Prime Minister from appearing before the House before it rises for the summer recess. The Leader of the House had his first outing relatively recently on a Thursday morning at business questions, and as he addressed the House the Government Chief Whip approached me, unsolicited but on the back of a number of queries about Prorogation and the timescale for the announcement of the new Prime Minister, specifically to tell me—as I say, unsolicited—that the Government had no intention of doing that.

The Government Chief Whip told me that he judged it most important that that not be the case. I am merely faithfully reporting what he told me on that occasion. If there has been some change in thinking, I am sure the Government would wish to communicate that to the House. I think it very important that there be some clarity about the Government’s intentions beyond simply the motion, which is a procedural motion, sooner rather than later, not because that is a matter of procedural necessity but because it is a matter of parliamentary courtesy.

Photo of Anna Soubry Anna Soubry Leader of Change UK - The Independent Group

Further to that point of order, Mr Speaker. Thank you so much for what you have said. The Leader of the House is here. Such is the concern across the House about the Government’s plans and the very real concern that the next Prime Minister will not even come into this place before we rise for the summer, notwithstanding what you have been told, would it be in order for the Leader of the House to make a statement as soon as possible—literally in the next day or two—in order to satisfy the very real concerns that exist?

Photo of John Bercow John Bercow Chair, Speaker's Committee on the Electoral Commission, Speaker of the House of Commons, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Commons Reference Group on Representation and Inclusion Committee, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Speaker's Committee on the Electoral Commission, Chair, Commons Reference Group on Representation and Inclusion Committee

It would be perfectly orderly for the Leader of the House to do so. If he wanted to make a statement earlier than that, I am sure that we would accommodate him, either now or before the close of business tonight. It is up to the right hon. Gentleman. However, I had no notice of these points of order. I have responded to them in a public-spirited way, and I know that that is always the instinct of the Leader of the House.

Photo of Mel Stride Mel Stride Lord President of the Council and Leader of the House of Commons

Further to that point of order, Mr Speaker. First, I think I can confirm that it would certainly not be the Government’s intention to allow a situation in which there was not an opportunity for the new Prime Minister to appear before the House.

Photo of Mel Stride Mel Stride Lord President of the Council and Leader of the House of Commons

Indeed; before the recess. Secondly, I think it will also be accepted that Parliament would express its will if there were any likelihood of that becoming an issue.

Photo of Mike Gapes Mike Gapes Annibynnol, Ilford South

On a point of order, Mr Speaker. I am grateful for your statement, and also for that clarification, as far as it went. However, the Prime Minister said that she could not bind her successor. Presumably, the incoming Prime Minister may well reshape the Government, so any statements or commitments that are made now will not necessarily apply at the time when we have a new Prime Minister and, potentially, new Ministers in place. Can you clarify, Mr Speaker, what the position—as far as you understand it—would then be?

Photo of John Bercow John Bercow Chair, Speaker's Committee on the Electoral Commission, Speaker of the House of Commons, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Commons Reference Group on Representation and Inclusion Committee, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Speaker's Committee on the Electoral Commission, Chair, Commons Reference Group on Representation and Inclusion Committee

In a sense, the hon. Gentleman has stated a fact. That is true; of course a current Prime Minister cannot bind her successor, and a current Leader of the House cannot bind his successor, although we wish the right hon. Member for Central Devon well in his tenure. That is, in a sense—if the hon. Gentleman will forgive my saying so—blindingly obvious. What can I do about it? The honest answer is that I cannot do anything about it. However, I think that there was merit in the raising of these questions, because answers have been obtained, and some people will feel—I express myself cautiously—that considerable weight should be attached to what the incumbent says not just to one Member, but to the whole House. One would like to think that that would have a value that would endure for some time, and certainly for the material time between now and the summer recess.

I hope that that is clear; I think that we shall have to leave it there for now.

Speaker

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.

Minister

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 Times

http://www.timesonline.co.uk/

majority

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.

Privy Council

The Privy Council goes back to the earliest days of the Monarchy, when it comprised those appointed by the King or Queen to advise on matters of state.

As the constitution developed into today's constitutional monarchy, under which The Sovereign acts on the advice of Ministers, so the Privy Council adapted. Its day to day business is transacted by those of Her Majesty's Ministers who are Privy Counsellors, that is all Cabinet Ministers and a number of junior Ministers. Membership of the Privy Council brings with it the right to be called "Right Honourable".

The Privy Council still meets regularly, on average once a month, but, as with the Cabinet, most of its business is transacted in discussion and correspondence between its Ministerial members and the Government Departments that advise them. The Privy Council Office (which is itself a Government Department) provides a secretariat for these discussions, as the Cabinet Office does in relation to the business of Cabinet and Cabinet Committees. Councils are held by The Queen and are attended by Ministers and the Clerk of the Council. At each meeting the Council will obtain Her Majesty's formal approval to a number of Orders which have already been discussed and approved by Ministers, much as Acts of Parliament become law through the giving of the Royal Assent after having been debated in Parliament.

Meetings are reported in the Court Circular, along with the names of Ministers attending (usually four in number). The Orders made at each Council are in the public domain, and each bears the date and place of the Council at which it was made. There is therefore nothing at all "secret" about Privy Council meetings. The myth that the Privy Council is a secretive body springs from the wording of the Privy Counsellor's Oath , which, in its current form, dates back to Tudor times. It requires those taking it to "keep secret all matters...treated of in Council". The Oath (or solemn affirmation for those who cannot take an Oath) is still administered, and is still binding; but it is only in very special circumstances nowadays that matters will come to a Privy Counsellor on "Privy Council terms". These will mostly concern matters of the national interest where it is important for senior members of Opposition parties to have access to Government information.

domestic violence

violence occurring within the family

in her place

Of a female MP, sitting on her regular seat in the House. For males, "in his place".

shadow

The shadow cabinet is the name given to the group of senior members from the chief opposition party who would form the cabinet if they were to come to power after a General Election. Each member of the shadow cabinet is allocated responsibility for `shadowing' the work of one of the members of the real cabinet.

The Party Leader assigns specific portfolios according to the ability, seniority and popularity of the shadow cabinet's members.

http://www.bbc.co.uk

Chief Whip

The government chief whip, whose official title is parliamentary secretary to the Treasury, is appointed by the prime minister and is responsible to him.

The chief whip has to maintain party discipline and to try to ensure that members of the party vote with the government in important debates.

Along with the other party whips he or she looks after the day-to-day management of the government's business in Parliament.

The chief whip is a member of the Cabinet.

It is customary for both the government and the opposition chief whips not to take part in parliamentary debates.

The chief whip's official residence is Number 12 Downing Street.

by-election

A by-election occurs when a seat in the House of Commons becomes vacant during the lifetime of a Parliament (i.e. between general elections) because the sitting MP dies, resigns, is elevated to the peerage, or becomes ineligible to sit for some other reason. If a vacancy occurs when the House is in session, the Chief Whip of the Party that formerly held the seat moves a Motion for a new writ. This leads to the by-election taking place. Prior notice does not have to be given in the Order Paper of the House. There is no time limit in which a new writ has to be issued, although by convention it is usually done within three months of a seat becoming vacant. There have been times when seats have remained empty for more than six months before a by-election was called. The sitting party will obviously choose a time when they feel confident of success. Seats are often left vacant towards the end of a Parliament to be filled at the General Election though this is not always the case and by-elections have sometimes occurred just before the dissolution of Parliament. While a vacancy exists a member of the same party in a neighbouring constituency handles constituency matters. When the new Member is elected in the by-election, all outstanding matters are handed back. Further information can be obtained from factsheet M7 at the UK Parliament site.

Conservatives

The Conservatives are a centre-right political party in the UK, founded in the 1830s. They are also known as the Tory party.

With a lower-case ‘c’, ‘conservative’ is an adjective which implies a dislike of change, and a preference for traditional values.

constituency

In a general election, each Constituency chooses an MP to represent them. MPs have a responsibility to represnt the views of the Constituency in the House of Commons. There are 650 Constituencies, and thus 650 MPs. A citizen of a Constituency is known as a Constituent

Prime Minister

http://en.wikipedia.org/wiki/Prime_Minister_of_the_United_Kingdom

Prorogation

Prorogation takes the form of an announcement on behalf of the Queen by the Lord Chancellor in which he reviews the session's work.

Prorogation brings to an end parliamentary business for that sitting. There are some excpetions as to what Bills can be carried over to the next parliamentary session.

House of Parliament 'Major Parliamentary Occasions - http://www.parliament.uk/works/occasion.cfm#prorog

BBC News A-Z Parliament - http://news.bbc.co.uk/1/hi/uk_politics/a-z_of_parliament/p-q/82524.stm

this place

The House of Commons.