Participation in Debates

To ask the Leader of the House of Commons if he will make a statement on participation in debates.

I am grateful for the opportunity to respond to this urgent question.

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.

Thank you, Mr Speaker, for granting this urgent question. As someone who is shielding with his wife, who is herself clinically extremely vulnerable, and having, with others, raised this issue with you, Mr Speaker, with the Whips and with my right hon. Friend the Leader of the House last week, I think that the Government have been wrong to forbid Members with proxy votes to contribute virtually to Chamber debates. After all, we have been able to ask the Prime Minister questions, we have been able to ask Secretaries of State questions, and we have been able to participate in all votes. It therefore makes little sense to us that we could participate in the debates only if we appeared in person—something that is not possible if shielding or living with people who are. Of course we accept that there is a balance to be struck between continuing the essential work of Parliament and accommodating the exceptional situation of the pandemic, but the current measures do not strike that right balance. They have, however inadvertently, created a hierarchy of MPs, which few MPs welcome.

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?

I can certainly answer the last bit of the question first. I would always be delighted to meet my hon. Friend at any point, and we can do it virtually or simply by telephone, if that is convenient for him. As Leader of the House, I have made it clear always to all right hon. and hon. Members that it is my role to have as many meetings as right hon. and hon. Members want, so it would be a pleasure to see my hon. Friend. He raises a very important point and one on which I have the greatest sympathy with him and other right hon. and hon. Members: it is, of course, difficult for those with family responsibilities and those with obligations both to themselves and to others who are concerned about their safety and the safety of members of their family. There are, however, a number of constraints on what can be done practically, so these are the considerations we have to take into account before making the decision as to what we are to do in this Chamber and how we are to react to all the various circumstances of individual Members of Parliament.

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.

I thank the hon. Member for Basildon and Billericay (Mr Baron) for securing the urgent question and you, Mr Speaker, for granting it. Why did the Leader of the House think it was necessary to make some sort of announcement on Twitter without having the courtesy to let the House know? He will know that I wrote to him on Friday, along with the chair of the Human Rights Committee, my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman), and the Chair of the Women and Equalities Committee, the right hon. Member for Romsey and Southampton North (Caroline Nokes), to ask him to look again at participation of hon. and right hon. Members in debates. The Leader of the House has been warned on a number of occasions that this would happen, and on each occasion he has said no, no, no, without even considering what we have been saying.

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.

Indeed. We all wish all hon. Members who are suffering from covid a speedy recovery and let us hope that those who are isolating have not caught the disease.

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—

Embarrassing!

As the hon. Gentleman says from a sedentary position, that was embarrassing—I happen to agree with him on this occasion.

No—you’re embarrassing!

That is the risk of sedentary interventions; one hears part of them, but not necessarily all of them in their fullness. I point out to the hon. Member for Brent Central (Dawn Butler) that that is why “sedentary chuntering”, as the former Speaker used to call it, is invariably not wise.

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.

They are not shirking.

I am not saying that anybody is shirking; I am simply saying that we are in the same position as other key workers, as I think is right and proper.

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 the whole House will welcome the flexibility that is following on from my right hon. Friend’s review of the situation. May I put it to him that it might be better, when he has developed proposals in consultation with you, Mr Speaker, and the House authorities, for them to be put to the House for debate, with the possibility of amendment, and for it to be for the House to decide what instructions to give you on what should be allowed?

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.

I am extremely grateful to the Father of the House for his question and his, I think, generous comments. I will certainly interpret them that way, though they may have been slightly two-edged. It is very important that the House comes to a decision on this, and it is a matter for the House how it should be done. There will be conversations in the normal way, as there always are, and I hope that it will not be indiscreet of me to say that I spoke to you, Mr Speaker, on Friday after Thursday’s business questions. The House always comes to its own decision. The Government may propose, but it is for the House to dispose, and I am sure that the House will come to its conclusion in due course.

Well, at least the Leader of the House has now accepted that, if Members are not able to be physically present, it is because of legitimate concerns they have about their own and the public’s health, rather than because they are work-shy and trying to avoid their responsibilities. Maybe we should be grateful for small mercies, but really, this is far too little, far too late.

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.

I am afraid I disagree with the hon. Gentleman. The default position should be that Members attend the House to carry out the business of the House. We are key workers, and we have a job to do. I am slightly surprised that the Scottish National party values democracy so lowly that it does not think that it is important to be here and to be actively involved in the democracy of our nation. I know that SNP Members are not perhaps the greatest admirers of this Parliament that we could find, but they are still Members of it, and they are here to represent their constituents—or at least some are—and this is an important contribution to the national debate.

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.