PARLIAMENTARY DEBATE
Participation in Debates - 16 November 2020 (Commons/Commons Chamber)
Debate Detail
Throughout this year, the pandemic has posed unprecedented challenges to the everyday functioning of our parliamentary democracy, but thanks to your tireless efforts, Mr Speaker, and those of the House staff on whom we all rely, so much more has been possible than some might have feared. During the initial lockdown, the hybrid proceedings allowed scrutiny to continue, even if it were not possible for the Government to proceed with their legislative agenda in a timely manner. During the period after Parliament returned in June, we were able to resume legislative scrutiny both in the Chamber and in Committees, even if other aspects of our normal work, like Westminster Hall, remained silent. During recent weeks, Westminster Hall has resumed its work, even if it has not yet been possible for all Members to take part.
Throughout this year, our approach has been to maximise what is possible within the limitations placed upon us. This is a continuing process, and our arrangements remain under review. In practice, that means applying two principles consistently. First, we must continue to explore what more is possible. To that end, I have worked with the House authorities throughout the year in support of their efforts to surmount the technical and capacity constraints that they have faced. Secondly, both Parliament as an institution and Members individually should follow both the letter and spirit of public health guidance.
As an institution, we have treated Parliament as a workplace no different from any other in making it covid-secure. As individual Members of Parliament, we are no different from any other key worker up and down the country seeking to discharge their responsibilities within the constraints imposed by the pandemic. We as MPs want to do the best we can for our constituents within the context of varying personal circumstances and experiences, and of course developing national and local guidance.
In last week’s business questions, my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) made a brave and moving appeal to be allowed to contribute more to our proceedings through virtual participation. This followed the appeals of a number of other Members. While my understanding is that capacity constraints prevent us from extending Westminster Hall debates to Members participating virtually, my hon. Friend has certainly convinced me that we should seek to do more to support additional virtual participation in the Commons Chamber.
I have therefore decided that, in line with the Government advice that the clinically extremely vulnerable should not go into work, we should work with the House authorities to find a solution. I am exploring how we can support additional virtual participation in the Commons, despite capacity constraints, for those who are clinically extremely vulnerable, and aim to bring a motion before the House. This is the latest step in our work to maximise what is possible within the limitations placed upon us, enabling the Government to legislate and the House to conduct scrutiny, thus enabling us, together, to carry out our collective duties to the British people.
I welcome this announcement from my right hon. Friend, in so far as it goes, and look forward to hearing how the review pans out. Many colleagues across the House will also be pleased at the announcement. However, he is still excluding Members who are shielding with wives, husbands or partners or who are themselves clinically extremely vulnerable. This exclusion is insensitive to family situations, and I ask him to think again, because it makes even less sense now, given his announcement to the House today. I suggest that there is little room for procedural purity in a pandemic. Will he therefore meet me, virtually, so that we can discuss this further?
First, it is important that the House of Commons is a covid-secure workplace, and— very much under your auspices, Mr Speaker, but also under the House authorities’ —that has been ensured. Great steps have been taken since March to ensure that covid security is of the highest level. I think there would be few workplaces in the country that can compete with that. That is important because ensuring that people who come into this place are safe has been your highest priority, Mr Speaker, and also, of course, the high priority of the Clerk of the House of Commons, who technically has the legal responsibility for the safety of this place.
The second point is that it is important that legislation passes and that the Government are held to account in an effective way. There, I look at what happened in May and June, when a number of activities were cancelled altogether: we did not have Backbench business days and we did not have Westminster Hall, but we had three days a week primarily of Government business. The Government business was very heavily truncated and Ministers, to my mind—and I think to many right hon. and hon. Members—were not fully or properly held to account during that period. It was, in the words of the Chairman of the Procedure Committee, “sub-optimal”, a word that became very fashionable. My right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley) is very much a leader of fashion, and certainly in linguistic fashion she set the tone with the word “sub-optimal”. It also meant that Government legislation was not getting through in a timely manner. Government legislation is not just important from the point of view of Government; it is important from the point of view of democratic propriety. The Government were elected just about a year ago on a manifesto and they have a duty to the British people to deliver on what was proposed, in addition to ensuring that we are prepared for 31 December, which is quite an important date, because on that day the transition period ends and legislation has to be in place to ensure that. Unfortunately, with the fully hybrid proceedings, that was not working and that is why we had to move back to a more physical Parliament to ensure that we could deliver on the manifesto commitments, ensure that the Government were held to account, allow for Backbench business debates and get on with business.
There is one other very important and fundamental point which I would like to make to my hon. Friend, because I am sure he will understand it and will sympathise with it. As Members of Parliament, we are key workers and we must behave as other key workers do. Last week, I had to write to a constituent of mine in exactly the same position as my hon. Friend. The Government guidance is that somebody who is living with someone who is clinically extremely vulnerable, can go to work in a covid-safe environment. That is the advice of Her Majesty’s Government to our constituents, and I do not think it would be right of me to stand here and say that we should treat Members of Parliament differently from the way we are treating our constituents. Indeed, I believe it is of fundamental importance that, as we carry out our duty as key workers, we must consider how other key workers are operating, and we must be shoulder to shoulder with them. So to ensure the legislative programme and proper accountability, we are able to make further steps to allow more remote participation, but we are not able to make remote participation unlimited, much though I think everybody sympathises with my hon. Friend and other Members in similar positions.
I agree with the right hon. Gentleman: everyone was moved by the hon. Member for Chatham and Aylesford (Tracey Crouch) when she asked at business questions why she was not allowed to take part in the debate—if she had been able to, imagine how someone going through what she is going through could have informed that debate.
I have previously raised the point that there are two classes of Members, and that that is undemocratic. The right hon. Gentleman says that it is our duty to be here but it is our duty to represent our constituents, and the Leader of the House is suppressing and extinguishing the voices of right hon. and hon. Members in that debate. Effectively, he is saying that all Members are equal but some are more equal than others. Where have we heard that before?
Will the Leader of the House now accept that he has excluded hon. Members from doing their democratic duty for their constituents, and will he please revert back to the world-leading system that worked? Such debates should be for every Member, not just a certain class. Why should hon. Members be identified as clinically extremely vulnerable? That is a privacy issue.
The contacts of the hon. Member for Ashfield (Lee Anderson) may well have been identified and isolated, but he did not have a proxy and he was in the queue—that means that he has exposed all hon. Members who were in that queue. Will the Leader of the House look again at remote voting? He said that the system broke down, but that was once and it was corrected. We are so far down the road from the start. The Lords are actually undertaking seven to eight hours of virtual proceedings and they are now looking at the second Chamber. Debate is controlled by call lists, anyway, so will the right hon. Gentleman look at Westminster Hall and Public Bill Committees, which involve small groups and could be done by Zoom? Will he also confirm how long the proposed changes will last and commit to cross-party talks before they are removed?
Finally, I wish a speedy recovery to the Prime Minister, the hon. Member for Ashfield and all other Members who are isolating.
I really would not hold up their lordships’ House as a model. Having a voting system that collapses is deeply unsatisfactory and meant that their business for a day was lost. That was a failure of their system—
I turn back to the substance of the points made by the right hon. Member for Walsall South (Valerie Vaz). She did indeed write to me over the weekend. It was important that these issues were in the public domain and being considered and that the Government, as they said they would, were keeping them under review. As I also said, I was very moved by the contribution of my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch). How could one not be? She is a remarkable person. It has to be said that my right hon. Friend the Member for Chesham and Amersham (Dame Cheryl Gillan) has also made similar appeals of a very moving kind.
It is important to recognise that the Government do listen to what right hon. and hon. Members are saying. The Government recognise the strength of arguments put forward and that there is a special set of people with the most troubling conditions who, under the current rules, which came in Thursday a week past, are being advised not to go to work. That was not the case before then, so when my right hon. Friend the Member for Chesham and Amersham made her requests, the Government guidance was not of that kind; it had changed by the time my hon. Friend the Member for Chatham and Aylesford made her appeal. It is an appeal that many Members feel should be answered, and that is what we are trying to do.
The right hon. Member for Walsall South rightly calls for there to be equality among Members, and indeed there is. Every Member who is not extremely clinically vulnerable is in the same position as other key workers, which is that, as long as their workplace is covid-secure—that is a fundamental qualification—they are not expected to stay away from work. I reiterate the point that I made to my hon. Friend the Member for Basildon and Billericay (Mr Baron) that we should expect to behave and be treated in the same way as other key workers. That is fundamental. The nation is facing this virus together, and there is not a different situation for us as opposed to other key workers.
On the issue of people revealing their medical conditions, I have of course thought very carefully about that because I know that many people would not want to reveal what their medical condition is. The issue is that either we would have to have an entirely virtual Parliament with all Members Zooming in—otherwise one could say, “That person has something wrong and that person doesn’t,”—which we found from experience did not work, or we would have to have it for a very small group.
The very small group have a choice. They are free to contribute, with a very wide range of rights, in interrogative proceedings in a way that allows our business to be carried out properly. The limitation remains only in those areas of business that need debate and the flow of debate. Exemptions will be made for a limited number of people, who will have the choice whether to tell the House about their need to contribute virtually because they are severely clinically vulnerable.
If I may use you, Mr Speaker, as a case in point—I hope you will forgive me—you have brought your diabetes to the attention of people by being open about it, and some Members wish to do that. I absolutely understand that other Members do not wish to, and nobody will be forced to reveal a medical condition if they do not wish to do so.
I think there is something inelegant—perhaps I am taking the words that my right hon. Friend would have used were he still a Back Bencher—about the Government saying what Back Benchers should be able to contribute in this House. We pay tribute to my right hon. Friend for the way he has conducted himself as Leader of the House; he has been helpful to most MPs most of the time. As he said on Thursday:
“With debates, we need to have the proper holding to account of Ministers, which is the purpose of the debates, and to have the interventions that make a debate, rather than a series of statements. It is a question of striking a careful balance, in these difficult times, between ensuring that Parliament can serve its constituents in full and making sure that Members can complete their duties as safely and as effectively as possible.”—[Official Report, 12 November 2020; Vol. 683, c. 1071.]
Those words match what our hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) said, and others. I think the hon. Member for Lewisham, Deptford (Vicky Foxcroft) spoke in the same way. I put it to the Leader of the House that the sooner the review allows extra flexibility, the better. We are not asking to go back to a fully virtual Chamber.
The Leader of the House keeps suggesting that MPs are key workers, but that does not mean that we need to be in the Chamber in order to do our work. Indeed, in any other workplace, we would be criticising employers that did not provide facilities for their workers to work from home, especially when we know them to be available. Introducing virtual facilities on a restricted basis is not going to work. Members should not have to disclose private information about their health in order to have the right to represent their constituents. That is why he must trust that, if a Member chooses not to be here, it is for a proper and honourable reason, and he must therefore allow all Members to take advantage of the virtual facility.
The reason for making exceptional provision is exactly that—it is exceptional. It is exactly what other workplaces are doing to help, aid and assist those who are not able to turn up for work because of the Government’s advice, which is that if someone is extremely clinically vulnerable, they should not go into work. That is being facilitated. I disagree with the hon. Gentleman; it is not a matter of choice for MPs. The default position is that Members should be here to do their job. That is their duty. There are some people in exceptional circumstances who need alternative arrangements to be made, and the House of Commons is quite correctly facilitating those and helping them to work from home, to ensure that they have a good connection and to participate. I hope we will agree to help them participate in a broader range of our activities.
My right hon. Friend is right to explain that there is a balance in terms of the resources there are to ensure the participation of Members in the various activities that take place. Sometimes it is thought that all that goes on in Parliament takes place in the Chamber, but of course that is not the case. Business was not getting through in May and June because of the inability for other aspects of business to take place that are not necessarily seen, particularly the work in Public Bill Committees and statutory instrument Committees.
I am sorry if I missed it, but could the Leader of the House confirm when the changes will come in? While I absolutely recognise his points about the technical challenges of participation in Westminster Hall, could he please reassure the House that he will continue to explore options for participation in the second Chamber? While here, will he join me in thanking the extraordinary efforts of the digital and broadcasting teams, who have done amazing things to allow Members to be here by, as the Prime Minister puts it, the “magic of modern technology”?
I hope to introduce the motions as soon as possible. They are being written, I think, by wise Clerks as I am speaking. It is important, I think—I hope this answers my hon. Friend’s question about Westminster Hall—to recognise that, if we do it quickly, it must be limited. If we do it for the Chamber for the extremely clinically vulnerable, that can be done quite quickly; if we were to try to look at Westminster Hall, that would take considerably longer because we would need additional resources. But, as I have said before, things are under review, particularly for those whom the Government are advising not to go into work, and that is the extremely clinically vulnerable. So, yes, it will be done quickly and we will keep Westminster Hall under review.
I welcome warmly today’s announcement, particularly in relation to MPs with cancer and other conditions, but what about the rest of us who are simply heeding the Government’s advice in not coming into the House? I have to say to the Leader of the House that we are not like other key workers, who can be replaced if they cannot attend; MPs have no substitutes. How can he continue to justify deliberately preventing my constituents from being properly and thoroughly represented in Parliament?
May I answer the right hon. Lady’s question in parts? First, as it relates to correspondence, that has been a problem that has been raised on the Floor of the House on a number of occasions. I have taken it up with all members of the Cabinet to emphasise the importance of timely responses to Members—not just to their written correspondence but to written questions. I reiterate the promise that I have made to all hon. and right hon. Members that if anyone has a particular problem with a particular Department, my office will take that up for them. I have done that for a number of hon. and right hon. Members from across the House, and it does seem to get answers. I can only apologise on behalf of the Government that there have been delays in responses because, to be fair, of the pressures of the pandemic earlier in the process. I am reassured that things are now getting better, but the right hon. Lady must feel free to raise with me any instances where replies are not being received.
As regards the decision being made today, we are following the advice that the Government have laid down, and that is that the clinically extremely vulnerable should not be going into work but that other people are able to go into work if it is a covid-safe environment. As this is a covid-safe environment, people are able to come in if they are not clinically extremely vulnerable. Shielding as a concept ended in the summer and therefore it is not part of the current Government advice.
My right hon. Friend the Member for Chesham and Amersham (Dame Cheryl Gillan) and my—[Inaudible.]—are both senior members of the Parliamentary Assembly of the Council of Europe. Throughout the last six months, we have been taking part in plenary sessions, debates and committee hearings perfectly satisfactorily in a hybrid fashion. I cannot believe that my right hon. Friend the Leader of the House would suggest that this House is not capable of doing something that Europe is capable of, so my question to him is simply this: at the last vote, 200 Members were denied the opportunity to attend, speak or vote. This time, following the lead taken by the Father of the House, will my right hon. Friend make sure that there is a proper debate and that every Member of Parliament who wishes to do so is enabled to participate and to vote?
I would say to my right hon. Friend that we are ensuring that Parliament is working effectively, and we are going to make, I hope, with the agreement of the House, an exception for those who are clinically extremely vulnerable. He does, though, ask a question that is something of a conundrum, because we cannot change the rules until we have voted to change the rules, so the vote to change the rules will be of fundamental importance for allowing those who are clinically extremely vulnerable to attend and speak in debates.
On the other hand, from the Government’s point of view, we wish to ensure that the legislative agenda on which we were elected just under a year ago is proceeded with, and that is our democratic right, because we have a mandate to do it. On the one hand, proper scrutiny, and on the other, a legislative programme. Those require us to be here to do that properly. We need to stand with or, in socialist terms, show solidarity with other key workers who are continuing to go into work. [Interruption.] The right hon. Member for Walsall South (Valerie Vaz) points to the Lords. I remind her again that they had a vote that failed—a failure of the Lords—which upset the business for the next day. We have not had a single failure in this House, thanks to our model speakership.
Also last week, had it not been for the consequences of these new restrictions, I would have been introducing on Friday the only private Member’s Bill that I have ever been fortunate enough to have drawn in the ballot. I urge my right hon. Friend please to give some urgency to his deliberations on introducing this new measure, which I welcome wholeheartedly, to ensure that by the time my private Member’s Bill comes back to this House on Friday 15 January, I will be able to deliver it in person.
“primarily responsible for the arrangement of government business”
and
“has a general responsibility to safeguard…the decencies and to ensure that Business arrangements have regard to what is right and proper in the interests of the House as a whole.”
It goes on to state:
“The leadership of the House is not a statutory office, and nor is the Leader of the House formally appointed by the Crown.”
I think the Leader is somewhat overreaching in his suggestion that he should decide who should take part in the debates in this House as a Member of Parliament. The current arrangements are not in the best interests of the House as a whole. I love being in the House of Commons and I love debating, but we are in a pandemic at the moment and covid is asymptomatic. This place is full of it, whether we like it or not, and we are putting 600 people at risk every time we are here.
My Remote Participation in House of Commons Proceedings (Motion) Bill could just be adopted by the Government instead of being debated in January. I urge the Leader of the House to adopt the Bill and meet me and other Members, such as my hon. Friend the Member for Swansea West (Geraint Davies), to talk about how we can have proper participation and ensure that our democracy is safe and that we hold the Government to account.
I am sorry if I gave the impression that I will decide who speaks in debates. I certainly do not do that; that is decided on a daily basis by Mr Speaker. Terms of reference for any proposed changes would have to be decided by a motion that has to be passed by the House. It is a matter for the House to decide, as it will do. The Leader of the House does not have, or would want to have—certainly I would not want it—the ability to decide who speaks in debates. That is a matter for the Speaker on a daily basis and otherwise by a motion of the House.
Yes, we could have Second Reading debates, but they were extraordinarily limited. Legislation always has an effect on people’s lives. It is always important. We do not legislate over trivial things. We legislate on things that have an effect on the people we represent, usually to remove some liberty that they have previously enjoyed. To take that away lightly, after two hours of debate, hardly seems to me a proper way to legislate. Not only did we find that the programme was not advancing with any speed, but it was completely clogged up at the Committee stage. We were also not serving our constituents properly by not debating fully the issues that were being considered.
As regards the Equality Act, the House authorities worked tirelessly to respond to the challenge created by covid-19 and put in place measures to protect those who work here and ensure the participation of those who have not been able to attend in person. What we are doing on the remote participation of those who are extremely clinically vulnerable is a further step to ensure that those who cannot come physically, because of health reasons outside their control, will be able to do so. That seems to me to be fully in accord with best practice in equalities.
Yes, I know right hon. and hon. Members have to travel from their constituencies to get here, but other key workers have to take journeys, too—we are not alone in that. We are not alone in needing to go to our workplace because it does not operate properly without us. We should, in fact, be proud of the fact that we are key workers and, alongside other key workers, doing our duty to make democracy function.
My right hon. Friend makes a powerful point about there being two groups of people, which we should bear in mind. As I said, we should be standing shoulder to shoulder with our constituents, recognising that they have to face these difficulties as well. We are not, in this sense, unique. As we can help those who are extremely clinically vulnerable, it is right that we should do so. However, that will be a limited change, because the resources and the ability to have proper debate are limiting factors in what can or should be done.
If the Leader of the House is suggesting that one third of the workforce should be going about their normal day-to-day work as if nothing had happened, that is surely a recipe for disaster. He does not understand what “key worker” means; he does not understand the fact that Select Committees have already seen their meeting schedules torn to pieces by the restrictions on broadcast capacity within the House; he does not even understand the statement from his own Prime Minister, because the Prime Minister said that anyone over 60 should minimise contact with others. It would take out about 140 Members of the House of Commons, including me, if we followed the Prime Minister’s advice.
May I suggest to the Leader of the House that he goes and finds out the facts of what he is talking about and then come to the House with a proposal that allows anybody who has a legitimate reason for not being able to travel to the House to play a full part in the proceedings by video call—by remote means—in exactly the same way as the national Parliaments in Scotland and elsewhere are able to work perfectly satisfactorily?
Why can we not just trust Members, and say that every single Member is treated equally in this House and has an equal right to debate until the end of this parliamentary Session, and then we can revise what we want to do in the future? Why on earth is it going to be right that if the Government table a motion next week—perhaps at the end of this week—the Government Chief Whip will have more than 200 votes in his pocket to be able to dispose of? Would it not make much more sense for us, at least on this issue, to have voting online so that everybody can cast their own vote?
As regards people revealing their medical details, nobody will be expected to go into any detail as to what their illness is. They will merely need to be extremely clinically vulnerable, and it will be a choice for those people. I think the difficulty with allowing anybody who can participate remotely to participate in all aspects remotely is that we would then not have debates; we would have a series of monologues and we would have the risk of the system going down. We have already had a couple of people on calls this afternoon whose words were muffled or distorted. The technology is not perfect. The efforts of the broadcasting team are absolutely admirable, but the technology does not work perfectly and people being here physically is important for proper democratic accountability.
I am sure the whole House would like me to do that.
As I said earlier, this is a balance between ensuring that parliamentary business is carried out properly and allowing those who are extremely clinically vulnerable to be able to participate. That will not be perfect in terms of debate—they will not be able to take interventions, nor will they be able to intervene. It is hard to see how that could function effectively. The greater the numbers who were involved, the harder it would be to make the system work effectively. I think we have the balance about right, although I absolutely understand that it will be difficult for some right hon. and hon. Members.
The House has to carry on a wide range of activities, not just in the Chamber but in Committee Rooms. No Public Bill Committees or statutory instrument Committees took place. We need to get legislation through, both because of the deadline of 31 December, which is an important one, and because we have to legislate on covid. That is of course in addition to the democratic obligation to deliver on the manifesto commitments that were made in the election last year. With all these things, I think it is unquestionable that we need to be here physically to do it properly.
My hon. Friend’s general point is a very valid one: how we structure business to allow people to make the contributions that they want to make is fundamental. I am afraid that, perhaps rather feebly, I suggest that she contacts the Chairman of the Procedure Committee, my right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), because it is a subject that ought to be of interest to that Committee.
“To help contain the virus, everyone who can work effectively from home should do so.”
The only person in this Chamber who is standing in the way of Members of Parliament effectively doing their jobs from home is the Leader of the House. He has got himself into a ridiculous position because he has dug himself in by insisting that people attend this Chamber, but that is a ridiculous approach during this crisis and he should change his mind.
On Bill Committees, I cannot believe that we are back to the same debate of April and May. The Leader of the House knows, on the record, that it is not correct to say that there was a blockage of Bill Committees. Labour Members had been put forward and there had been trials for hybrid proceedings. The official Opposition had put forward Members for either hybrid or physical Bill Committees. The Leader of the House knows that.
This is not about interventions in this House; it is about the right of Members to take part in a debate. The Leader of the House knows that it was a simple change of Standing Orders to allow that those who take part in a Back-Bench or Opposition day debate in a hybrid system would accept not having interventions while Members in the Chamber could. He knows he is not correct in what he is saying. This is deeply unfair to those Members. It is about time he acknowledged his fundamental duty as Leader of the House to represent all Members of this House to the Government.
I must add one caveat, and that is on the overall numbers. To ensure that we still have proper debate and a functioning Parliament, the numbers need to be limited. That is part of the balance that I, as Leader of the House, and others are seeking to achieve, to ensure that we can maintain our business—both the legislative agenda and being held to account—but also facilitate people in particular conditions. I am not unsympathetic to anybody in a difficult situation, but we need to follow what the Government are suggesting to see which categories may be included. So far, the category is the clinically extremely vulnerable, but I am not as much of a stick-in-the-mud as some people might think.
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