Tag: Jacob Rees-Mogg

  • Jacob Rees-Mogg – 2020 Speech on Independent Complaints

    Jacob Rees-Mogg – 2020 Speech on Independent Complaints

    Below is the text of the speech made by Jacob Rees-Mogg, the Leader of the House of Commons, on 23 June 2020.

    This is a dreadful position for us to be in as a House. The behaviour of a small number of Members of Parliament over years and decades has disgraced and shamed our parliamentary democracy, of which I, and many hon. Members, are so proud. Our ancient right that we should look after our own affairs is to be sacrificed, because the importance of restoring the trust of the British people in our system makes that the right thing to do. How we treat each other matters at all times in all places, but particularly in Parliament. It matters wherever people work together, for everyone should be able to perform their roles in an atmosphere of courtesy and respect, and it most certainly matters in the Palace of Westminster.

    There are about 13,000 passholders with access to the parliamentary estate. In recent years, we have been trying hard to create the kind of culture that prioritises having a safe working place where people are afforded respect and which enables them to speak out and be confident that they will be listened to. My predecessors, particularly my right hon. Friend the Member for South Northamptonshire (Andrea Leadsom), made an enormous contribution to that effort by achieving cross-party agreement for the establishment of an Independent Complaints and Grievance Scheme. That we had to do so is an indication of how far some in this institution had failed and had not lived up to the standards required of them.

    The ICGS has already been approached by a large number of people, receiving 201 calls and emails in the first quarter of this year alone from those who feel that they have faced bullying, harassment or sexual harassment. However, there are some complaints that have not yet come forward because of the concerns of the complainants that Members continue to play a role in the sanctions process. This is where we have the greatest challenge in restoring trust: not just between us and voters, but between us and those who work in this place.

    The approach I am putting forward today is motivated by supporting those who need to make complaints and allows for the restoration, I hope, of our reputation. Since becoming Leader of the House, I have spoken to a number of complainants and potential complainants about the progress made so far. Every conversation I have had has left me profoundly moved and, in some cases, shocked and appalled by some of the things that have happened to people in this House, some of which seem to me to reach the threshold of criminal activity. This place, which ought to be the epitome of good behaviour, has been besmirched by that. I am therefore determined to do more to continue the momentum for sustained culture change that was begun in the previous Parliament.

    I, of all people, cannot pretend that I like abandoning some of the ancient responsibilities and rights of Parliament, but it is our fault that we have to do this and so it is right to change. There is a problem of the power dynamic which can occur wherever those in a position of influence assume that they are able to act without consequences, so it is right that we seek to change the culture in order to challenge that assumption. In Westminster, we have introduced a behavioural code; established the “Valuing Everyone” training; replaced the Respect and Valuing Others policy with the ICGS; and extended the scheme to include historic allegations of some former members of the parliamentary community. The latter two steps ​were the result of Dame Laura Cox’s recommendations made in her report on the treatment of House staff. Her third recommendation, however, remains outstanding: that Members of Parliament should no longer be able to determine the sanctions imposed.

    It is no coincidence that that outstanding recommendation is by some distance the most constitutionally challenging and the most significant, too. Under our current arrangements, the Parliamentary Commissioner for Standards has the power to determine cases and impose sanctions up to a certain level of severity. Until now, more serious cases, including suspension and expulsion from the House, have been for the Committee on Standards to determine. In February, the House of Commons Commission agreed its preferred option of those presented by the staff team on a means of changing that: that there be an independent chair and seven expert panel members, none of whom will be MPs. The panel should be empowered to determine ICGS cases, decide on sanctions, and hear appeals by either party against the Parliamentary Commissioner for Standards’ conclusions. That proposal has been the subject of consultation over recent months and Dame Laura Cox herself was among those who supported that approach.

    While I am taking steps to strengthen it further, I am supportive of the House of Commons Commission’s proposed solution overall. Placing decisions of this kind in the hands of an independent expert panel is a fundamental break with the past that reflects our continuing efforts to make Parliament a better place to work.

    Alberto Costa (South Leicestershire) (Con)

    I wholeheartedly welcome the momentum for having a system that is fair and transparent. The Leader of the House referred to the constitutional significance of the creation of this new independent body. Is he aware of an independent body in any part of the UK with such sweeping disciplinary powers over its members that is not justiciable? My concern is that if an accusation is made against Members, they will not have any recourse to a court of law, whereas if an accusation of bullying against a member of House staff or Members’ staff is upheld by the panel, they would have recourse to a court of law or an employment tribunal.

    Mr Rees-Mogg

    The question of parliamentary privilege applying to the ICGS is one that will have to be determined by a court, and it is not entirely clear whether they would be covered by the article 9 rights. The reason we have to have a final vote in this House is that there is no court outside Parliament that can question the proceedings in Parliament. That is at the heart of the constitutional dilemma that we have been facing. It is also why we are making this fundamental break with the past.

    In allowing an independent body to take such action we are making a really important constitutional change. We are doing this—and we are right to do this—because of the way that some Members have behaved, and we have to stop that happening in the future. As Leader of the House, I am ashamed when people come to see me and tell me what they have suffered; I am appalled at the stories they tell me and shocked sometimes that they have not been to the police about them when they are so awful. That is why we have to have this change, which hits at the heart of our constitution. The House knows that I have an admiration and affection for our constitution that does not seek to change it lightly.​
    Let me come to the panel and the level of member that we expect. The panel’s members must bring significant expertise to the process, and we will expect it to be led by somebody who has a standing equivalent to that of a High Court judge. It must also include knowledge of human resources, employment law, bullying and harassment cases and sexual harassment cases. In a serious case, three of the independent experts would consider the sanction in the light of the report and recommendation of the Parliamentary Commissioner for Standards. A further three would act as an appeal panel if necessary.

    In cases considered by the panel that propose sanctions requiring action by the House, the panel would report directly to the House. At that stage, a motion would be moved by a member of the House of Commons Commission to implement the sanction, and it is at this stage where we find ourselves on the horns of a dilemma. On the one hand, it is constitutionally proper that a decision of this magnitude—the expulsion or suspension of a Member—can only be taken by the House as a whole. It is removing, in effect, albeit temporarily, the democratic representation of tens of thousands of people, and we can only take away that democratic representation by a motion of this House. It does not seem right that a decision that could overturn the result of an election in a constituency could be taken by unelected individuals.

    Sir Edward Leigh (Gainsborough) (Con)

    All bullying is horrible and goes against traditional good manners; we all accept that. I hope that the Leader of the House will emphasise the point that he just made: the fundamental difference between Members of Parliament and all other staff members is that we are elected by the people. We are responsible to the people, and the people must have the final say on whether we come here in the first place, when we leave and how we leave. That is very important. However distinguished an independent panel, only the people have the final say.

    Mr Rees-Mogg

    My right hon. Friend makes a crucial point: we are elected by the people, and we are answerable to them. That is why I support the principle that only the House of Commons holds the authority to make the decision to suspend or expel.

    Justin Madders (Ellesmere Port and Neston) (Lab)

    The Leader of the House is making an excellent speech. To pick up on the previous intervention, we may be democratically elected, but we are also employers, and we have a duty of care to the people we employ. Does he agree that that is equally important?

    Mr Rees-Mogg

    It is of fundamental importance, and I say again that I have had people come to see me who have been treated in a way that makes my skin crawl. You cannot believe that senior people would have behaved to people subordinate to them in such a way in any workplace, let alone in the House of Commons, which ought to be a model of good behaviour. That is why we have to have the counterbalancing bit, but we cannot give MPs an opportunity to delve into the personal details of a case and try it effectively a second time. The other place offers a cautionary tale in this regard.

    Having listened carefully to views expressed to me in recent days, I am proposing that we establish a convention that the Commission member moving the motion will ​do so formally. This means the expectation will be that there will be no detailed debate, while maintaining the constitutional right to debate. In addition, I am asking the House explicitly to restrict what it is permissible to refer to during any further proceedings on severe ICGS cases in the Chamber.

    To that end, motion 6, in my name, emulates the sub judice resolution, which the House carefully and successfully observes to avoid prejudicing any current criminal proceedings and which is enforced from the Chair. The motion sets out that the names of any complainants may not be referred to. The details of any investigations or specific matters considered by a sub-panel of the independent experts panel, in any motion, debate or question brought to the House, may not be referred to. Furthermore, the findings and determination of sanctions of a sub-panel may not be brought into question. The motion will ensure that any debate that does occur, which is something of a misnomer in this instance, is merely a short, factual exposition of the process, not the circumstances involved.

    Jim Shannon (Strangford) (DUP)

    I seek some clarification because I have been looking through the amendments that have been tabled, and the right hon. Member for South Northamptonshire (Andrea Leadsom) has tabled what I believe is an excellent amendment, which would address this issue. Is the intention to bring that forward?

    Madam Deputy Speaker (Dame Rosie Winterton)

    Order. That amendment has not been selected.

    Mr Rees-Mogg

    Thank you, Madam Deputy Speaker. I turn to amendment (a), tabled by the hon. Member for Rhondda (Chris Bryant) , who has been very helpful in this process and in the discussions I have had with him. I understand that some Members remain sceptical about the approach that I have set out and whether it is the right one, and this amendment seeks to remove entirely any possibility for debate in these circumstances. I am not entirely unsympathetic to this view, because our priority is to restore confidence in the ability of the House to achieve the standards that are reasonably expected of us and to ensure that people making complaints, some of whom, as I have said, have been treated in the most appalling way, feel that the system will not add greater pain to that which they have already suffered.

    However, it is my view that it would be wrong for the Government to have tabled a motion that denied the House the opportunity to consider a matter of this gravity. It should be for the House, not for Ministers, to decide that they wish to curtail the ability of Members to conduct debate. The House can set its procedures as it wishes, but it would not be constitutionally right for the Executive to seek to limit free speech in this House.

    I believe that this curtailment can be avoided and have set out how we can meet our constitutional requirements, while reassuring those wishing to access the ICGS who have not yet done so that they will have their confidential information preserved and protected. But if the House agrees to this amendment, it will willingly and knowingly have taken this approach, and in those circumstances, motion 6 will not be moved.

    While the amendments tabled today differ in terms of the means, I think we are all entirely united in the ends, signalling our collective determination to make a break ​with the past. Above all, this is a matter for the House, which this House must get right to show that we are genuinely committed to change.

    Mr Alistair Carmichael (Orkney and Shetland) (LD)

    The Leader of the House has taken us very deftly through the constitutional and procedural aspects, but there is a further test that I think the House needs to apply: whether the outcome of the decisions that we make will make it more or less likely that the people whom he has met and whose complaints he has heard will have confidence in the system to see it through to a conclusion. I suggest gently that that is why the amendment tabled by the hon. Member for Rhondda (Chris Bryant) is a sensible one.

    Mr Rees-Mogg

    The right hon. Gentleman makes an important point. I believe that the proposal that the Government have put before the House balances the constitutional needs and the protection of the individual complainants, but I make no criticism of those who have come to a different conclusion. I absolutely share his concern not only that we must ensure that people are not discouraged, but that we must all—in our own way, when we can and when it comes to us—encourage people to use these systems, because they are there to protect people who are vulnerable. That is very important.

    Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)

    The tone of this debate is in the right direction, but I really do have concerns about a bully pulpit being used in this Chamber. Even if people are not named, there will be gossip and innuendo about who is being referred to. I hate to refer to this, Madam Deputy Speaker, but a predecessor of Mr Speaker, in a published book, named Members of this House. If people of position and power do that, what confidence will people have if we still have an open debate in this Chamber, even if people cannot be named?

    Mr Rees-Mogg

    The hon. Lady makes a very fair point. I think the answer is that not having a debate in this Chamber at the end of the process, subject to very strict rules, does not mean that people may not write books saying things that they should not say or that they may not use other opportunities within parliamentary privilege. It is the question of constraining what can be done within parliamentary privilege that is essential, which is why I believe that something that is controlled and clearly set out in the rules is, on balance, preferable to trying to prevent this House from debating. However, I understand that others come to a different conclusion on what is a serious level of constitutional change because of past behaviour that has besmirched the name of this House and of politics and politicians generally.

    Taken together, the provisions have the effect of acting decisively to uphold the spirit of our efforts towards culture change, while respecting the traditions and requirements of our parliamentary democracy. They aim to build the confidence of complainants by ensuring that these matters will be treated with the sensitivity and professionalism that they deserve. We simply have to give people who feel that they have been abused the confidence that they need to come forward. Adopting Dame Laura Cox’s recommendation by establishing the independent panel of experts will help us to do that. I commend the motions to the House.

  • Jacob Rees-Mogg – 2020 Speech on the Parliamentary Constituencies Bill

    Jacob Rees-Mogg – 2020 Speech on the Parliamentary Constituencies Bill

    Below is the text of the speech made by Jacob Rees-Mogg, the Leader of the House of Commons, on 2 June 2020.

    May I begin by thanking all hon. and right hon. Members who have contributed, particularly the Minister of State, Cabinet Office, my hon. Friend the Member for Norwich North (Chloe Smith), for opening the debate? It is a pleasure to wind up. I also apologise to the hon. Member for Lancaster and Fleetwood (Cat Smith) for missing part of her speech because I had to go out for other Government business.

    This is a key Bill, which will update and equalise parliamentary boundaries, and ensure that every vote counts the same on the basis of 650 constituencies. I am pleased that there has been widespread support from across the House for key elements of the Bill, including from the Opposition, although that does not mean that they are not opposed to some elements of it. There was also support for improvements of the review process, such as changing the times of public hearing and consultation periods.

    I am particularly grateful for the support from my hon. Friend the Member for Worthing West (Sir Peter Bottomley), the Father of the House, who said that it was very hard for the House to be judge in its own interest, which is a fundamental point. I am also grateful to my hon. Friend the Member for Moray (Douglas Ross), who thanked local election staff and agreed with our proposal for eight-yearly reviews.

    My hon. Friend the Member for Dartford (Gareth Johnson) emphasised the equality of votes and thought that the 5% leeway was plenty. My right hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke) reminded us all of the enormous personal affection that we have for our constituencies. It is always true of boundary changes that, however much we recognise that the general principle is right, when a village or street is suggested to be excised from our constituency, we always find it disagreeable. That is one of the key reasons that the Boundary Commission has to be so independent.

    I am grateful to my hon. Friend and constituency neighbour, the Member for Weston-super-Mare (John Penrose), who told us that we should all be hedgehogs. I am not sure that I am that prickly, but his point that fairness is at the heart of this matter is a fundamental one. My hon. Friend the Member for West Bromwich West (Shaun Bailey) quoted the Chartists, and I thought I saw Opposition Members blush. Perhaps my spectacles need cleaning, but I thought that they must have blushed at that point because the Chartists, of course, were all in favour of equalising electorates.

    My hon. Friend the Member for Newbury (Laura Farris) rather splendidly warned that she might be abolishing herself, which I hope turns out not to be the case, and ​made a spirited defence of the Bill on that basis, as did my right hon. Friend the Member for Bexleyheath and Crayford (Sir David Evennett), who I am glad to say gave his wholehearted support to the measures.

    My hon. Friend the Member for Cleethorpes (Martin Vickers), I am sorry to say, rather dangerously made points that I made when I was a Back Bencher and the legislation was going through the first time in 2010-11, but which are not necessarily Government policy nowadays. I am afraid that I have repented the errors of my ways, but sadly he has not yet repented his, although I hope that that will come.

    My hon. Friend the Member for Dudley North (Marco Longhi) spoke about the importance of communities, and that is a general point. My hon. Friend the Member for Romford (Andrew Rosindell) spoke about smaller units and, of course, there being a seat for Gibraltar, which he has said in the House once or twice before. The Boundary Commission has the power to look at smaller units. That is something people can raise as it goes through its processes and is an important safeguard.

    My hon. Friend the Member for Montgomeryshire (Craig Williams) said that his seat has existed since 1542. I am very jealous, because mine has only existed since 2010, and I like seats with a long continuity and history. He made a very fair point about large rural seats, which I am aware of.

    My right hon. Friend the Member for Basingstoke (Mrs Miller) made the point so clearly that she summed up the debate in her opening sentence, when she said that her seat has 83,000 voters within it, and the seat of the Member who spoke before her, the hon. Member for North East Fife (Wendy Chamberlain), has 61,000. There is an obvious unfairness in that, which is being put right.

    My hon. Friend the Member for North East Derbyshire (Lee Rowley), who is slightly subject to speaking as if he were on “Just a Minute”, managed to make the key point about variations being too big, which is being addressed by the Bill.

    I am very grateful for all the points that have been made in support of the Bill, but I am sorry about the reasoned amendment put down by the Opposition. I ought to point out to the hon. Member for City of Chester (Christian Matheson), who said that he was going to support the Bill by voting for the reasoned amendment, that that is not how reasoned amendments work. Reasoned amendments are only orderly and selectable if they are fatal to the passage of the Bill, so anybody who votes for the amendment is voting against the whole Bill and cannot cover the nakedness of what they are doing by saying that they are supporting the Bill. [Interruption.] I am not going to give way, partly because I gave way so many times earlier on in the day, but also because time is short.

    The changes should give people confidence. I must confess that the hon. Members for Aberavon (Stephen Kinnock) and for Dulwich and West Norwood (Helen Hayes) really did get it wrong on the matter of automaticity. In the 1832 Reform Bill, every single constituency that was being changed was listed in an annex to the Bill, if I remember rightly, and that was decided by Parliament—it decided what the size of each constituency would be. We have increasingly handed that over to make it more independent because of the fundamental point that ​nobody should be a judge in his own cause, and we should not be a judge in our own cause. We should allow it to be done by an independent body.

    The hon. Member Dulwich and West Norwood said that the Government make legislation. No, they do not—Parliament makes the legislation, which is then implemented. It is implemented in such a way that there is no ability for the Government to alter the recommendations of the Boundary Commission and they have a duty to present it to the Privy Council for its approval by the sovereign. Automaticity means what it says. It is automatic, without the Executive having the ability to stop it, the House of Commons having the ability to stop it or, even worse, the House of Lords having the ability to stop it undemocratically because they do not like the results and are worried about what might happen. Automaticity improves impartiality and the fairness and independence of this proposal. Although Parliament will not play a role in making the order, nor will Her Majesty’s Government.

    Another key point made in the debate was on the Union. We heard from a number of Members about the impact of the tolerance level and equalisation on parts of the Union. The Bill does not change the tolerance level, which was put in place by Parliament in 2011. We must bear in mind that it is plus or minus 5%, so it is effectively a total of 10%. It is about 7,000 voters, if we take the total swathe from the central point. That means that the independent boundary commissioners will give a fair review, and it is worth noting that the two specific protected seats which are very small are Scottish seats. I am very glad that one of them is Na h-Eileanan an Iar, because I think the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) is a national treasure, and it would be a great pity if he did not maintain his seat. That is being done to benefit the Union.

    David Linden

    Will the Leader of the House give way?

    Mr Rees-Mogg

    It is too late, I am sorry to say.

    That is to the benefit of the Union, and it is fair that every vote across our United Kingdom should have the same weight. That is the fundamental point. That underpins everything that is being done. Eight years is the right amount of time. It means that communities can be reasonably stable. It means that communities can carry on. It means that MPs can build up that association with their communities, so I urge Members to support the Bill and reject the amendment.

  • Jacob Rees-Mogg – 2020 Statement on Proceedings in Parliament

    Jacob Rees-Mogg – 2020 Statement on Proceedings in Parliament

    Below is the text of the statement made by Jacob Rees-Mogg, the Leader of the House of Commons, on 2 June 2020.

    I beg to move,

    That the resolution of the House of 21 April (Proceedings during the pandemic) be rescinded and the following orders be made and have effect until 7 July 2020:

    (1) That the following order have effect in place of Standing Order No. 38 (Procedure on divisions):

    (a) If the opinion of the Speaker or the chair as to the decision on a question is challenged, the Speaker or the chair shall declare that a division shall be held.

    (b) Divisions shall be conducted under arrangements made by the Speaker provided that:

    (i) Members may only participate physically within the Parliamentary estate; and

    (ii) the arrangements adhere to the guidance issued by Public Health England.

    (2) Standing Order No. 40 (Division unnecessarily claimed) shall not apply.

    (3) In Standing Order No. 41A (Deferred divisions):

    (a) At the end of paragraph (5)(a), insert “, provided that (i) Members may only participate physically within the Parliamentary estate; and (ii) the arrangements adhere to the guidance issued by Public Health England”.

    (b) In paragraph (5)(b) delete “two and a half hours” and insert “at least two and a half hours”.

    (c) In paragraph (5)(c) delete “after the expiry of the period mentioned in subparagraph (b) above”.

    (4) The Speaker or chair may limit the number of Members present in the Chamber at any one time and Standing Orders Nos. 7 (Seats not to be taken before prayers) and 8 (Seats secured at prayers) shall not apply.

    (5) Standing Orders Nos. 83J to 83X (Certification according to territorial application etc) shall not apply.

    The rationale for returning to physical proceedings is a straightforward one. Parliament is the assembly of the nation. The public expect it to deliver on the mandate provided by last year’s general election, and they expect it to conduct the kind of effective scrutiny that puts Ministers under real pressure. Neither expectation can be fully realised while we are not sitting physically. That is why we are returning to work safely at the first opportunity in order fully to conduct the essential business not possible from our homes. This assessment is based on the facts. The stopgap of a hybrid Parliament was a necessary compromise during the peak of the virus, but, by not being here, the House has not worked effectively on behalf of constituents. Legislating is a key function of Parliament, yet there has been no ability for legislative Committees to meet since 23 March. This means that, for 10 weeks, there has been no detailed line-by-line consideration of Bills that will affect people’s lives. I remind Members that, in the week commencing Monday 11 May, we had no debates on secondary legislation, no Public Bill Committees, and no Delegated Legislation Committees. There was significantly less time for debate—just 216 minutes of debate on primary legislation compared with the example of 648 minutes in a normal sitting week—and far less flexibility to ensure proper scrutiny of the Government.

    I should also like to remind Members that much of the business under the hybrid proceedings was deliberately arranged to be non-contentious. The time limits on scrutiny and substantive proceedings were also heavily restricted. This was to facilitate the smooth running of what was always a technically challenging arrangement. What was acceptable for a few short weeks would have proved unsustainable if we had allowed the hybrid proceedings to continue. This House plays an invaluable role in holding the Government to account and debating legislation, which can only properly be fulfilled when Members are here in person.

    Chris Bryant (Rhondda) (Lab)

    Will the right hon. Gentleman allow?

    Mr Rees-Mogg

    I was just about to talk about Members intervening time and again, so it is the perfect time for me to give way to the hon. Gentleman.

    Chris Bryant

    The Leader of the House will know, because he is an historian, that one of the ancient liberties of all Members of Parliament has been to attend.

    Such a liberty has been asserted even when the Crown has wanted to arrest people. The House has insisted that people should be allowed to attend, but at the moment, by law, there are many MPs who are banned from attending Parliament because they are shielding either themselves or others in their household. How can it possibly be right to exclude those people? How can it be a Conservative motion to exclude those MPs and thereby disenfranchise their communities?

    Mr Rees-Mogg

    Nobody is banned from attending Parliament by law. The ancient right of MPs, which dates back to 1340, entitles Members to attend. However, I accept that, for some Members with particular health conditions, it is very difficult to attend—

    Chris Bryant

    They are not allowed to attend.

    Mr Rees-Mogg

    No law exists that stops Members from attending Parliament.

    Chris Elmore (Ogmore) (Lab) rose—

    Mr Rees-Mogg

    I give way to the hon. Gentleman.

    Chris Elmore

    I am extremely grateful to the Leader of the House for giving way. Yesterday, in the public proceedings of the Procedure Committee, the question was asked directly of the Clerk, and the Clerk confirmed that Members are bound by the law outside of the particular Act to which the Leader of the House is referring. If, for example, a county, a part of the United Kingdom, or a nation was put into lockdown, the Member of Parliament would have to abide by that law, unless they were specifically exempt within that law—

    Madam Deputy Speaker (Dame Eleanor Laing)

    Order. We might have gone back to having interventions, but that does not mean that we can have long interventions.

    Mr Rees-Mogg

    The ancient right to attend Parliament goes back to 1340, and, as the hon. Member for Rhondda (Chris Bryant) pointed out, this is something that has been used against the Crown in the past. It is a most important and long-standing right. There must always be an exemption for Members to attend Parliament. What I was going on to elaborate is that I will be bringing forward, as I promised on 20 May, a motion tomorrow to allow Members who, on medical grounds, are unable to attend to continue to appear for scrutiny—questions, urgent questions and statements—remotely. That will be brought forward tomorrow, as I promised on 20 May when we discussed these matters in response to an urgent question.

    Mr Peter Bone (Wellingborough) (Con)

    As usual, the Leader of the House is making a strong statement, but on this particular point on voting, surely, as this is a recall of Parliament, every Member should have the right to vote today on whether to accept the new proceedings. Why, therefore, is today’s vote not being done remotely?

    Mr Rees-Mogg

    My hon. Friend is right. Every Member does have the right to vote. Members accepted that these measures would be temporary—that they would continue until they expired. One has to deal with these matters in good faith. It was put to Members, some of whom were very reluctant to accept remote voting, to agree to it on the basis that it was temporary. It expired, and therefore we come back automatically, without any motion, to physical voting.

    Andrew Griffith (Arundel and South Downs) (Con)

    Does my right hon. Friend agree with me that today there are low-paid clinical staff working in the NHS who are free of the surcharge as a result of this House having its voice heard? Does he therefore understand my incomprehension that Opposition Members want to continue with this “Coke Zero” Parliament for one more day, when we could resume our job of holding the Government to account?

    Mr Rees-Mogg

    My hon. Friend puts it extremely well. Lots of people are going back to work, and we have a role, as leaders within the country and within the community, to do that.

    Jim Shannon (Strangford) (DUP)

    Will the Leader of the House outline his intention with regard to ensuring that minority parties such as mine, the Democratic Unionist party, are able to speak directly from their constituency through the present system in this House on matters such as the upcoming debate on abortion? I would like to assume that at least some Northern Ireland MPs will be able to speak on this Northern Ireland legislation in Committee, as I understand it will be, ever mindful that this week the Northern Ireland Assembly will deliberate on this matter. Ministers, right hon. and hon. Members of this House want the Northern Ireland Assembly to make the decision, but if it has to be made in Committee here, it is important that we have an opportunity to have Northern Ireland MPs on that legislative Committee.

    Mr Rees-Mogg

    That is not really a point for today’s debate. I completely accept what the hon. Gentleman says about representation on Committees for minority parties, but that is really a matter for business questions rather than today’s debate. I might add that the voice of Strangford is always heard in this House, and that is our good fortune as Members of Parliament.

    Just before the hon. Member for Rhondda intervened, I was talking about having Members intervening, and we have seen in the past few minutes how that enhances, develops and evolves the debate. It ensures that Ministers are held to account, and allows the debating of amendments clause by clause in the Chamber, so that constituents’ views can be represented to Ministers; then to vote physically ensures that we are here, coming together as a single Parliament.

    Ian Paisley (North Antrim) (DUP)

    The Leader of the House is, of course, a strong advocate of the Union. He must appreciate that at the present time it is incredibly difficult and not at all straightforward for Members from Ulster to get here to the British mainland. As a result, I wonder whether he accepts that the social distancing queueing arrangements that are now to be trialled actually defeat to some degree the purpose of our having those debates, because they will eat so much into parliamentary time that we are eager to use for debate and cut and thrust.

    Mr Rees-Mogg

    The temporary measures that are to be used will mean that voting takes a little bit longer than using the ordinary Division Lobbies. That is true, but it will depend to some extent on how many Divisions right hon. and hon. Members demand—[Hon. Members: “Oh!”] I note a certain amount of caterwauling in the background, but I point out that a Division is not demanded on every item that comes before this House. If it were, the Budget resolutions would take a day to be passed. That is a perfectly routine matter. Members decide what they wish to vote on, and you, Madam Deputy Speaker, asked if notice could be given beforehand. Of course we will look for faster ways of providing for Divisions to take place.

    Why should Divisions be physical? Why is it important for votes to be physical? It is because we are coming here together as a single Parliament and voting on things that have a major effect on people’s lives. Every piece of legislation affects people’s lives one way or another. We should not vote quietly and secretly. Some people tweeted that they were doing it while going for a walk and things like that. Is that really the way to be voting on laws?

    Mr Alistair Carmichael (Orkney and Shetland) (LD)

    The principle in this House is that votes follow voices. The Leader of the House is telling us that tomorrow he will bring a motion to allow those who are medically not able to be here to have a voice. Why should they not have a vote to follow that voice?

    Mr Rees-Mogg

    The vote following the voice is the tradition that if you shout one way, you then cannot vote the other way. That is all that means in terms of that tradition. It means that if you shout “Aye”—

    Several hon. Members rose—

    Mr Rees-Mogg

    I will just explain this point and then of course I will give way. The votes follow the voice, in that if you have shouted “Aye”, you must not then vote No. You are allowed to move a motion and then vote against it, as long as you do not shout in favour of it. The hon. Member for Rhondda may be looking quizzical, but he might remember that the former leader of the Labour party—of Her Majesty’s Opposition—did exactly that within the past couple of years. This is a fairly routine procedure.

    Peter Kyle (Hove) (Lab)

    What we have seen from the Leader of the House’s performance today so far is the characteristic we have seen from the Government since the start: bending the rules to fit their own purposes. Anybody watching this debate impartially will now be confused about what this means for their own behaviour. He has said that tomorrow people can enter these debates virtually. If they have a medical reason not to be here but they can be here virtually, can he say precisely what is preventing their being able to vote virtually as well?

    Mr Rees-Mogg

    There are well-established procedures for people who cannot be here being paired, so that their opinion and that of their constituents has exactly the same effect as if they vote in person. The votes through pairing balance out, so the decision of the House remains identical.

    Patrick Grady (Glasgow North) (SNP)

    I assure the Leader of the House that right now there are lots of voices of Scottish National party Members he cannot hear because they are not in this Chamber and they will not be happy at all at the disenfranchisement of their constituents through what he is proposing. The Procedure Committee makes it clear that people should not have to disclose their medical condition in order to be able to participate in this House. What he is doing is embodying what people have seen as the practice of this Government in recent weeks: it is one rule for them and one rule for lots of other people.

    Mr Rees-Mogg

    The hon. Gentleman says that lots of SNP Members will not be happy. I have a nasty feeling that that is often the state of SNP Members, and I wish them every happiness. It is important that people follow the rules, and we are following the rules, because we said that people ought to go back to work if they cannot work effectively from home and that is exactly the position we are in.

    Jim Shannon

    Let me provide Members with an example. Flights for us from Northern Ireland to here are restricted. Two weeks ago, there were three flights out on a Monday but that was then reduced to two, and on other days there are no flights. Can Members have notice of when there will be debates in this House and when there will be votes in this House, because it is important that we are here to participate and actively vote when we can, and we need to know this in advance so that we can get a plane? The only plane over here for us yesterday left early in the morning, and that is to get us here for today.

    Mr Rees-Mogg

    Now that we are back to normal sitting hours, we will be sitting on Monday to Thursday with the usual sitting hours. A recess is scheduled, but I would not like to confirm that that date will be set in stone. It is at the end of July, so there will be plenty of notice if there is any change to it. We will have our normal sittings on Monday to Thursday. We are getting back to work. It is becoming business as normal.

    The temporary Standing Orders for remote voting were only ever temporary, and I do not think they would have been agreed had the scheme been put in place for longer; many people have always been opposed to remote voting, and we got a consensus for a brief period. I do not believe I would be acting in good faith if I were to extend it beyond the time that people understood when it was first introduced. It is important that we treat decisions of the House with the importance and accord that they deserve, and the decision was to do this on a temporary basis.

    Peter Kyle rose—

    Madam Deputy Speaker (Dame Eleanor Laing)

    Order. Before the hon. Gentleman makes another intervention, I should say that most people will not get to speak if there are lots of interventions. I will, however, allow him to make this one.

    Peter Kyle

    I am grateful, Madam Deputy Speaker, and this will be the last time. When the right hon. Gentleman introduced the motion that delivered the virtual Parliament—the hybrid Parliament—did he know then how long the coronavirus crisis would last?

    Mr Rees-Mogg

    I am not a prophet, so I would not dream of predicting those sorts of things.

    I have taken lots of interventions. In some ways I think this is a beneficial; it partly illustrates my argument about why Parliament needs to get back, and I appreciate that in a short debate interventions are sometimes just as useful for Members to be able to get in as getting half a minute at the end. If there are interventions, I will, by the leave of the House, carry on taking them.

    Every Division is important, and I would underline that. We should be confident that we are all individually doing the right thing and voting openly under the eyes of others; voting while enjoying a sunny walk or watching television does democracy an injustice. The solemn decisions we take together affect the lives of millions of people in this country. We ask Members to vote in person for a reason: because it is the heart of what Parliament is about.

    It remains essential that our work in this House is carried out in line with Public Health England advice. The Palace of Westminster we have returned to today is greatly changed from early March. The House authorities have carried out a risk assessment of the parliamentary estate to ensure it is a covid-19 secure workplace, in line with PHE guidance. Both its staff and its leadership, including particularly Mr Speaker, should be thanked and congratulated for the rapid progress that has been made.

    I understand the concerns of some hon. and right hon. Members about returning physically. Many Members have already passed on their views, but I want to make it clear to all those in the House, and those who are not here but are listening and maybe shielding at home, that I am always available to discuss and hear their concerns, and I will as far as possible—which is why I will be bringing forward the motion tomorrow—do what I can to help. It will be tabled today for approval tomorrow. Anyone who feels that they are required to shield because of age or medical circumstances should not feel under pressure to attend Parliament, and pairing and other mechanisms will be in place informally to facilitate this.

    Graham Stringer (Blackley and Broughton) (Lab)

    I agree with the Leader of the House about the nature of debate and response and making a decision at the end of that debate, but what argues against that is the practice of pairing, where the decision is taken before the debate. Many hon. Members want their constituents to know where they stand on issues. Why do we not put the pairing records on the record? [Interruption.]

    Mr Rees-Mogg

    I hear mutterings around the Chamber saying that that is a good idea. Unfortunately, neither the Chief Whip from the hon. Gentleman’s side or from my side is in the Chamber at the moment, and I think it might be useful to consult them before I make an off-the-cuff suggestion, but I can assure the hon. Gentleman, who is a wise and experienced parliamentarian, that I will pass his views on to the Chief Whip. Perhaps he would be so kind as to do the same to his own Chief Whip, and perhaps there could be a meeting of minds in that area.

    I have been working with the House authorities to see how MPs with underlying health conditions who have been told to shield or are receiving specific Government advice about their health may be able to continue to contribute to proceedings in this House. I mentioned this on 20 May and reconfirm that I will table a further motion later today on some virtual participation by hon. Members. As it happens, for this motion I have used some of the language in the amendment tabled by the shadow Leader of the House, to whom I give my thanks, and other Opposition Members to ensure that such participation is available for Members unable to attend Westminster for medical and public health reasons related to the pandemic.

    Turning to the motion itself, it may help if I briefly set out the Government’s approach. Today’s motion is the necessary paving step that gives the House the opportunity to signal how it wishes to conduct proceedings in the coming weeks. In response, I hope the House authorities will be able to complete the work already undertaken over the Whitsun recess, and I hope that hon. and right hon. Members will also find the explanatory note published alongside the motion helpful.

    The motion updates the House’s procedures relating to Divisions and attendance in the Chamber to ensure compliance with social distancing restrictions. These temporary changes to Standing Orders will be in force until 7 July 2020. The motion rescinds the resolution of 21 April, which provided an overarching framework for the temporary Standing Orders relating to hybrid proceedings. This resolution is no longer needed as the Standing Orders have now lapsed and we are returning to physical proceedings.

    Paragraphs (1) to (3) of motion 2 set out an approach to Divisions. If agreed by the House, Division arrangements will be set out by the Speaker and will adhere to Public Health England guidance—and I wonder if I may, through you, Madam Deputy Speaker, congratulate Mr Speaker on the work he has done to ensure and test a system for voting that meets the requirements of PHE; he has invested a lot of time in it to make sure that we have a system that will operate.

    Mr William Wragg (Hazel Grove) (Con)

    On this rather vexed issue of voting, could further consideration perhaps be given to the use of deferred Divisions? I understand the argument about consequential votes, but that could be dealt with quite simply by allowing them to drop away, and we would avoid any scenes that might bring us into a certain degree of disrepute.

    Mr Rees-Mogg

    I am grateful to my hon. Friend for the points that he has made. I assure him that the Government will listen carefully to any ideas that come forth from the Procedure Committee and from hon. Members in relation to how things can be improved and made more fluid in these difficult circumstances.

    The Government wish to ensure that the House continues to function in line with Public Health England advice. Paragraph (4) therefore ensures that the Speaker may limit the number of Members present in the Chamber at any given time, and disapplies the Standing Orders relating to the prayer card system. The Standing Order will be discontinued in order that the flow of Members in and out of the Chamber can be managed, but I reassure Members that Prayers themselves will take place at the start of each sitting day. Finally, paragraph (5) disapplies Standing Orders relating to English votes procedures, as double majority voting is likely to be incompatible with the arrangements for socially distanced Divisions.

    Let me now turn to the amendments tabled by the Opposition parties and the Procedure Committee. I reiterate my gratitude to the Procedure Committee—particularly my right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley)—for its and her swift work, and welcome continuing discussions with that prestigious Committee. I used to be on it, which is why I think particularly highly of it; it is one of the most interesting Select Committees in the House.

    I hope that my commitment to bring forward tomorrow a Government motion to allow some participation in hybrid proceedings for those who are shielding demonstrates my commitment to ensuring safe participation for as many Members as possible, and that those amendments which seek to require some hybrid participation can be withdrawn on that basis.

    I have already set out the case against remote voting, but let me address the argument made by some Members that if a Member is not able to vote, they will be entirely disenfranchised. I do not accept that. There are many other ways in which MPs represent their constituents in Parliament, including through tabling written questions, writing correspondence, tabling amendments and attending hearings of Select Committees, which will continue. Select Committees can continue to meet remotely under the resolution that I brought forward in March and will continue to carry out their important work with Members participating from around the country. It is worth noting that the Liaison Committee very successfully quizzed the Prime Minister in this way, so scrutiny carries on in other ways too.

    I know that there has been concern about the operation of evidence sessions for Public Bill Committees. I hope that the House will welcome the fact that some specific witnesses to the Domestic Abuse Bill have been told that they will be able to give evidence remotely on Thursday, should they wish to. I was keen to ensure that this was possible. Some had assumed that it was not, but this concern turns out to be misplaced. The House has confirmed that under existing rules, witnesses can indeed give evidence remotely to Public Bill Committees in the same way that they have long been able to with Select Committees. It can therefore happen with no changes to the Standing Orders.

    I ask that the House agrees the motion today and considers the further motion that I will bring forward tomorrow. I have no doubt that the Procedure Committee will continue to keep our ways of working under review, and I welcome that. For my part, I very happily commit to continuing to do the same, in order that we can ensure that the House can continue to go about its business effectively and safely.

    Kevin Brennan (Cardiff West) (Lab)

    I apologise for not being here right at the beginning of the right hon. Gentleman’s remarks, but I did not know whether I would be able to get into the Chamber. If proxy voting is acceptable for somebody on maternity leave in principle, why is proxy voting not acceptable for somebody who is shielding in this extraordinary crisis?

    Mr Rees-Mogg

    The Procedure Committee is currently holding an inquiry into proxy voting and whether it is suitable to be extended. I am aware that the hon. Gentleman is asking me this question, but obviously this is a matter for consultation with the Procedure Committee. The drawback of proxy voting immediately is that the temporary system that we will be having will take longer anyway, and that would be particularly complicated by proxy voting. But is it a solution that is ruled out full time? No, I would say that it is not.

    It is important to emphasise that, with the hybrid Parliament, the commitments the Government made to the voters in December were clogged up. The Domestic Abuse Bill was not making progress—no Bill Committees were sitting—nor were the Fire Safety Bill, the Northern Ireland legacy Bill, the Fisheries Bill, the Trade Bill or the counter-terrorism Bill. What we do in this House is important and that we do it at a reasonable and efficient pace matters, and to do that we need to be here physically. I know, I understand and I sympathise that those Members who are shielding face difficult times. They are following advice that may prevent them from being here to vote, and that is difficult for them.

    Liz Saville Roberts (Dwyfor Meirionnydd) (PC)

    Could the right hon. Gentleman therefore confirm to me that the constituents of those MPs who have to shield are worth less and it is expected that they will be less well represented by this place?

    Mr Rees-Mogg

    I think the right hon. Lady makes entirely the wrong point. Parliament meets to represent the nation as a whole. We come here together not as ambassadors representing various powers; we come here as a United Kingdom Parliament. That is the nation—the United Kingdom—that we come here to represent, and we come here together. As a collective, we are a single United Kingdom Parliament and a strong legislative body that represents the whole people of the United Kingdom, and we each participate in that in our different ways on a daily basis.

    Ian Paisley

    The Leader of the House is absolutely correct on that point, but where it falls down is when Members are obstructed from actually getting here because there are not sufficient flights to bring Members to the House. That is where it falls down from Northern Ireland’s point of view. Will steps be taken, through the Government, with the airports and the airlines to ensure that Members from Northern Ireland can get here? Frankly, the issue of shielding, as far as I am aware, does not affect the eight Members who attend from Northern Ireland.

    Mr Rees-Mogg

    I am glad to see the hon. Gentleman in his place, and I absolutely appreciate that it is harder for some Members to get here than for others. I am very glad to see the Westminster leader of the SNP in his place, because his constituency is particularly far away from Westminster. I think he had a 16-hour journey to get here, and I think it shows a proper commitment to our parliamentary democracy that he is here. [Interruption.] Perhaps he is a secret Unionist, but it is a pleasure to see him here because we bring a Parliament together to have debate on the matters that are of concern to our constituents, and I absolutely accept that it is more difficult for some than for others.

    Justin Madders (Ellesmere Port and Neston) (Lab)

    Does the Leader of the House accept that we should be an exemplar of best practice, and when we are deliberately excluding people from portions of their responsibilities because of their disabilities we are in no position to tell employers who breach equalities legislation that they are in the wrong?

    Mr Rees-Mogg

    I have obviously looked at the equalities considerations in relation to this, and the Government and Parliament are completely in accordance with them, because it is necessary for us to meet here physically to do our business. That is in line with the Government’s guidelines. Which Bill does the hon. Gentleman not want us to have? Does he want to give up on the Domestic Abuse Bill? Does he want to give up on the Fire Safety Bill or the Northern Ireland legacy Bill? Are we going to get these Bills through?

    Steve Brine (Winchester) (Con)

    To introduce another subject, does the Leader of the House have a view about call lists during statements and urgent questions? Right now, it seems to me that they prioritise those who sit browsing MemberHub 24 hours a day, which I have to confess is not for me, to submit a request in a short window to be part of an urgent question or statement, as opposed to being here and persisting to catch the Chair’s eye.

    Mr Rees-Mogg

    I think the system of catching Mr Speaker’s eye is a preferable system, but needs must, because we can have only 50 Members in the Chamber at any one point. However, this is a temporary expedient, and some of the other courtesies and normalities are being suspended.

    Ian Blackford (Ross, Skye and Lochaber) (SNP)

    The Leader of the House just said that this was a temporary expedient, and that is absolutely right; we are living through a crisis. Difficulties have been expressed by our friends from Northern Ireland, myself—from Skye—and the right hon. Member for Orkney and Shetland (Mr Carmichael), and we should put that in the context of our having been able to participate over the course of the last few weeks and get on with our job of representing our constituents, when our mailbags have never been fuller. The likes of myself and the right hon. Gentleman are now having to give up 30 hours to get here and go back—what a waste of time when we could be acting professionally, staying at home, doing our job and questioning the Government remotely.

    Mr Rees-Mogg

    The problem is that we are not doing our full job. We are doing an important part of our job in dealing with constituents’ inquiries, but we are not doing the important job of legislating—of getting through the business that the Government committed to deliver in the general election. The right hon. Member for Walsall South (Valerie Vaz) says—[Interruption.] Don’t worry, I am saving up the hon. Gentleman. The right hon. Lady says that we are getting it done, but I remind her what I said at the beginning of the debate: we have had 216 minutes of debate on primary legislation compared with 640 minutes in a normal sitting week. We have been running at a third of normal legislative capacity. The job of Parliament is to deliver for the British people, and I ask again which Bill the hon. Lady would wish to sacrifice.

    Chris Bryant

    The Leader of the House has a very high Stuart understanding of what Parliament is here to do, which is, it seems to me, to do the Government’s bidding and legislate in the way that they want. But even the Stuarts, when King Charles II returned, in the Cavalier Parliament—of which the Leader of the House would have no doubt been a proud Member—insisted in the Treason and Seditious Practices Act that no MP should ever be denied

    “their just ancient freedom and privilege in debating any matters or business which shall be propounded or debated”.

    Even the Stuarts thought that there should not be anything put in our way in terms of participating. Why will he not just allow us to have remote voting until the summer recess?

    Madam Deputy Speaker (Dame Eleanor Laing)

    Order. Just before the Lord President answers the intervention, I am also concerned about the rights of as many Members as possible to participate this afternoon. Several Members have intervened more than once. Let us have a bit of restraint.

    Mr Rees-Mogg

    Sometimes the hon. Member for Rhondda makes the point for me more eloquently than I could have made it myself: there is an absolute right of Members to attend Parliament. It is a most antique right. It predates the Stuarts and, as I keep on saying, it goes back to 1340. Members may attend if they wish to.

    Ruth Cadbury (Brentford and Isleworth) (Lab)

    Has the Lord President done an estimation of the number of additional Members who will be kept away from this place if, after today, one of the people in this Palace tests positive? Therefore, any one of us—maybe all of us—may have to stay away for up to two weeks. Has he done that calculation and does he have a plan for what happens in that instance?

    Mr Rees-Mogg

    Well, the answer to that is: look around—if you seek a monument, look around. We are sitting six feet away from each other so that we are socially distanced, and therefore, if one right hon. or hon. Member has the coronavirus, in the track-and-tracing process we would not be notifying them about the people that we are sitting six feet away from. That is the whole point of social distancing. If we look on the floor, we see it says, “Please wait here until the person in front has moved forward”, and that goes back and back at six feet intervals all the way through, so that this can be done on a socially distanced basis, in line with Public Health England guidelines. I am very grateful to the hon. Lady for pointing out how well the House service has done in setting this out in a way that can continue to ensure that Members may turn up.

    Let me continue my conclusion. There are many things that make the lives of MPs difficult, and I am not trying to pretend that this is not the case, but we none the less have a duty to the country and voters to fulfil both our collective constitutional function and our individual roles. The collective of Parliament requires that we return physically so we can allow proper redress of grievance, hold the Government to account, deliver on the mandate provided at the election and pass the important Bills that I have listed. I have no doubt that there will be some teething problems with the voting system today. It may be some time until—

    Liz Saville Roberts rose—

    Mr Rees-Mogg

    How can I refuse the leader of the Welsh nationalists?

    Liz Saville Roberts

    The Leader of the House said earlier that witnesses giving evidence to the Domestic Abuse Bill Committee could attend from afar. I have contacted the witness I invited, who told me that he could not attend from afar because he could not contribute through video, which he takes as discriminating against people who have to travel to London because he cannot stay in a hotel here. I would like the Leader of the House to be clear on what the situation is.

    Mr Rees-Mogg

    The House authorities have made possible virtual participation in the Bill Committee’s proceedings, and it is up to individual witnesses whether they wish to take that up or not. That was always available under the ordinary systems used for some time by Select Committees. It applied to Public Bill Committees as well.

    As I was saying, I do expect some teething problems with the voting system today, and it will be some time before our proceedings are fully restored, but in the meantime we must act to minimise the disruption.

    Chris Bryant

    Have you ever been to Alton Towers?

    Mr Rees-Mogg

    Indeed I have—I took my sister Annunziata there many years ago. [Interruption.] Anyway, enough of my reminiscences. It is important that we protect, preserve and prioritise our parliamentary democracy. It has to continue, regardless of the disease that is afflicting the nation.

    Mr Bone

    On a point of order, Madam Deputy Speaker. I know that it is unparliamentary for someone to filibuster, but when there is a 90-minute debate and it has taken this long—

    Madam Deputy Speaker (Dame Eleanor Laing)

    Order. I thank the hon. Gentleman, but I do not need his point of order. I have been trying to move the debate forward, but Members are so excited at being back here and being allowed to intervene that they are doing it far too often. No more interventions.

    Mr Rees-Mogg

    The interventions prove my point: we need interventions to make Parliament work properly. We need proper debate. We need to be back. We need to have a proper, full-blooded democracy, and that is what we are getting.

  • Jacob Rees-Mogg – 2019 Tribute to the Speaker of the House of Commons

    Jacob Rees-Mogg – 2019 Tribute to the Speaker of the House of Commons

    Below is the text of the speech made by Jacob Rees-Mogg, the Leader of the House of Commons, in the Commons on 31 October 2019.

    Thank you, Mr Speaker. I do not need patience because proceedings in this House are always interesting. But let us now praise famous men. It was a privilege to propose you as Speaker in the 2015 Parliament and now, in the reverse of Mark Antony in relation to Caesar, I come not to bury you but to praise you, for that is the right thing to do when a period of long service comes to an end. That is not to deny that there will be a debate about your term of office, as there are debates about the terms of office of other Speakers in our history. However, I am very conscious that the good that men do is often interred with their end of service. I think the good that you have done should be heralded and that others at a later date will look at some of the criticisms that they may have. But now is not the occasion for that.

    In 2009, when you first addressed this House as a candidate for the speakership, you said that you did not want “to be someone”, but rather that you wanted “to do something”. Your agenda was “reform”, “renewal” and “revitalisation”, and although I think the word “modernisation” is an expletive, which I rarely allow to sound forth from my lips, there can be no denying that during your decade in office you have worked tirelessly to achieve those objectives.

    As the 157th Speaker, you have been a distinctive servant of Parliament, both in this place and beyond, representing the House to audiences around the United Kingdom and overseas. I think you share my conviction that politics is at its best when it is engaging. Your work with the United Kingdom Youth Parliament and your work with Parliament’s excellent education team should be celebrated. So many schools from my constituency have taken advantage of this service, and I have always been impressed by the knowledge of the people involved. I know that you had quite a battle to get the education building put up, and some people opposed you, but it has been a resounding success.

    During your speakership, our parliamentary democracy has been under intense scrutiny. We have been fortunate to have in the Chair so accomplished a glottologist as you are, in order that language, as well as the intricate and profound workings of Parliament, can be understood by everyone. I think the words “chunter”, “medicament”, “dilate”, “animadvert” and, perhaps my favourite, “susurrations” have been popularised under your speakership and, I imagine, are now in common parlance in pubs and clubs across England—or at least in Boodle’s, the Beefsteak, Pratt’s and the Garrick. But those sorts of clubs probably enjoy those words greatly.

    As you have dispensed your immediate duties from the Chair, you have come to be known as the Back Bencher’s champion. Our main purpose as Members of Parliament is to seek redress of grievance for our constituents, and you have been unswervingly diligent in your desire to ensure that all parliamentarians are treated equally, whether novice or hardened veteran. I cannot thank you enough for the help you gave me to ensure that we could get the drug Brineura for a constituent of mine: within about a week, you called me at oral questions, granted me an Adjournment debate and then gave me an urgent question, all of which helped to build pressure on the Government to act, to the great advantage of a very ill and very young constituent of mine. This is my view of what Parliament is about, and I think you facilitated that for me in a way that other Speakers may well not have done. My personal gratitude and, more importantly, the gratitude of the family who have benefited from that, is, I think, a real tribute to how you have operated. You have allowed parliamentarians to seek redress of grievance, and that is basically where our law making in this place comes from historically.

    The ultimate, most important, highest duty of the Speaker of the House of Commons is to be the champion of our House and its Members, and to defend our right to freedom of speech in defence of our constituents. Mr Speaker, you have done that. During your time you have presided over what you yourself have termed the “rumbustious” Parliament. Now, as you step down from the office of Speaker of the House of Commons, having what is undoubtedly the highest honour that the House of Commons has in its power to bestow, I wish you a prosperous and successful retirement, and thank you and your family—Sally, Freddie, Jemima, and particularly the great Oliver, who I know has more my view of modernisation than your own, at least with regard to wigs.

  • Jacob Rees-Mogg – 2019 Speech on Batten Disease

    Below is the text of the speech made by Jacob Rees-Mogg, the Conservative MP for North East Somerset, in the House of Commons on 16 July 2019.

    Mr Speaker, may I begin by thanking you for allowing me this Adjournment debate and for your personal encouragement to me to bring it forward? My gratitude goes beyond that; I also thank you for the way you so encourage this House to hold the Government—the Executive: those who rule us—to account.

    I am also grateful to the hon. Member for Newcastle upon Tyne North (Catherine McKinnell) and the terrific campaign she has been running in relation to Batten disease; she has done more than almost anybody else to highlight it. I note that two of my hon. Friends on the Front Bench, my hon. Friends the Members for Macclesfield (David Rutley) and for Pudsey (Stuart Andrew), have a great interest and a constituency concern in this issue, although they are not allowed to intervene on me for obvious reasons. I want to put their concern on the record. I know that others too might wish to intervene on this very important subject.

    This evening’s debate is about my constituent, Max. Max is a little boy; he is eight years old. He is a lively boy, and those of us who have children know what eight-year-olds are like—what a joy they are and how wonderful their spirit is. But Max has this horrible disease. Batten disease is perhaps the cruellest disease that one can imagine as a parent. We all see our children grow; we see them learn to walk and then to talk, and to run and to do all the things that children do. Batten disease means that they then go backwards. It tends to hit at about two—on a child who has shown no signs until then. The talking stops and the walking becomes more difficult. The average life expectancy of a child with Batten disease is between six and 12.

    The blow to parents, and to grandparents and families, that this is and must be, is so hard to bear and so difficult; it is so sad for them to see a child who they would hope would be going on into adulthood instead declining, and declining steadily. It is a neurodegenerative disease. To put it in layman’s terms, it is essentially dementia of the young: all that we see of Alzheimer’s in people in their 70s, 80s and 90s is instead happening to a child.

    But there is a drug that delays this. It is not a cure and it does not reverse the disease, but it seems to stop its progression—nobody knows for how long. It is called Brineura and it has been shown to be effective on a number of children who have taken it. So far in this country there are only two children for whom it would be suitable who are not receiving it, one of whom is Max. The others are receiving it as part of a trial that has been successful and is still being funded by the drug company—but that might not continue for ever, so there is an argument for them as well. I mentioned earlier the enormous contribution that the hon. Member for Newcastle upon Tyne North has made, and I am very glad to see her in her place; without her, I do not think this really important matter would have achieved the publicity that it has received.

    This drug Brineura has been given a quality-adjusted life years rating by the National Institute for Health and Care Excellence of 30, which is the highest rating that it ​gives. That means that the drug is thought to provide 30 extra years of life of good quality. That is a stunning achievement for any drug, and it has been given the highest rating and the highest amount of funding, but unfortunately that amount of funding is not enough. The pricing cannot be agreed between NHS England, NICE and BioMarin, the manufacturer.

    BioMarin is a drug company that needs to make a return on the amount of money it has spent. To be fair to the company, it spent $696 million last year on research and development and made a pre-tax loss of $142 million, so it is not an enormously profitable, rapacious company that is being difficult. One might think, however, that having lost $142 million, it might quite welcome a little bit of income from the national health service. If I were one of its shareholders, I might suggest that it would be a good idea to do something with the national health service so that the company could get some income back on its $696 million of research and development expenditure in 2018. Without an agreement between the buyers and sellers, Max will not receive the drug and his standard of life will decline month by month.

    Andrew Griffiths (Burton) (Con)

    My hon. Friend will know about my constituent, Michal Luc, who is in exactly the same situation. We talk to parents who see their children degenerating and dying before their eyes. Does he agree that they cannot understand how we can argue over money when their children’s lives are disappearing before their very eyes?

    Mr Rees-Mogg

    I completely agree with my hon. Friend.

    Generally, I recognise the need for public expenditure constraint. Money always has to come from somewhere; it has to be either taxed or borrowed. However, in a country that spends over £800 billion a year, and £120 billion or whatever it is a year on the national health service, can we not find just over £6 million a year for this small number of children who have a terrible disease that can be held at bay?

    Catherine McKinnell (Newcastle upon Tyne North) (Lab)

    I very much commend the hon. Gentleman for securing this hugely important and timely debate. Does he share my concern that we seem to be witnessing a bit of a blame game between NHS England, NICE and BioMarin? Does he agree that they just need to get round the table and resolve this issue one way or another, even if it requires the Minister to bring them together and knock some heads together to get them to come to a resolution? The rapid-acting nature of Batten disease means that my constituents Nicole and Jessica Rich and the other children who are affected just do not have the time for this wrangling to carry on.

    Mr Rees-Mogg

    The hon. Lady is absolutely right. The terrible thing is that in the month that has passed since I first raised this matter in the House, Max’s condition will have slightly deteriorated, and in every month that goes on while we are debating this, not just Max but all the children with this condition will go downhill. That is what happens with this disease.​

    There are questions to be asked about the structure of policy on rare diseases, and about the Government’s response and what powers they have. As I said at the beginning, accountability through this House is of fundamental importance. By law, the Secretary of State still maintains overall responsibility for the provision of healthcare in this country. It is the Secretary of State who is accountable. We cannot make NICE accountable; it has not been structured to be accountable. It does not appear in the Chamber to tell us what it is doing—that is done by second degree, through Ministers. We really need to know what, if any, reserve powers Ministers may have to be able to do something about the situation.

    Can something be done? Can a budget exception be provided, so that funds may be made available for these rare diseases? Can something be done, as has been done for cancer treatments, to provide money where exceptionality can be seen? Of course these drugs are expensive: they affect so few people, and the drugs companies will not develop them if they cannot at least make their money back. Can something be done as in other areas, particularly cancer, to ensure that the drugs can be provided? Can the rule changes in 2017 that made it harder to fund rare disease drugs be reviewed and possibly reversed? Since 2017, the financial aspect has become much more significant than it was before.

    Although I accept, of course, that there is a need to look at costs, when we are talking about eight-year-old children, we are not talking about a cost for people who only have weeks or months to live, but about a child who could have years of a high quality of life ahead of him. That must be where most of us as taxpayers think it is right to spend money and where we think that the moral case for spending money is extraordinarily strong.

    Catherine McKinnell

    Does the hon. Gentleman share my concern that the impact of rare conditions such as Batten disease is not just felt in the child’s physical health, but in their mental health and the mental health of their wider family? The system for judging what is value for money and how our NHS should spend its money needs to take a much broader approach when calculating the value of these medicines in those circumstances. It needs to get it right.

    Mr Rees-Mogg

    The hon. Lady puts it so well—and it is not just the family, but the community. On Saturday, the village of East Harptree, a small village in North East Somerset, came together for its annual village fête. All the funds raised were to try and help Max. He is at the local primary school, East Harptree Primary School. The week before, they had the school races. All the children had gone back a few yards so that Max could win, for the first and only time in his life, the race at his school. That is such a wonderful example of community. If communities can do that, surely the Government can help too, because it is not just Max and not just his wonderful family who are trying so hard to do the right thing for him. A whole community would be pleased, and would feel it was being taken notice of, if Max were helped—all his schoolfriends and schoolteachers and the whole community in East Harptree.

    Catherine McKinnell

    The hon. Gentleman gives a really powerful example. The whole of the community in Newcastle knows about Nicole and Jessica Rich and ​is doing everything it can to support them in this journey. This not only affects those two beautiful children; it also affects their family in a huge way, and the whole community.

    For that reason, I beg the Minister today to recognise that this is not only about reaching the right decision, but about doing it with urgency. Every day, there is an impact on their deteriorating health, and there is also the impact on the parents of supporting those children with a debilitating condition and living with the agony of not knowing what future lies ahead—whether the medicine that will save their children’s lives will be funded or not.

    Mr Rees-Mogg

    I so agree with the hon. Lady. I am of course primarily talking about Max, my constituent, but to take the drug away from children who are already getting it would be unconscionable. I simply do not believe that any reasonable person—any politician or any administrator—would think that the right thing to do. It is bad enough not to give the drug to a child who could benefit; to withdraw it would be so utterly wrong that I cannot believe that that could happen.

    When something can be done, it is hard for it not to be done and for us to allow it not to be done. It is frustrating that it is so hard to change and that there seems to be nobody who can decide it. Everyone one talks to says it is not up to them. NICE is bound by its guidelines, NHS England is bound by NICE, and the Secretary of State is bound by the legal interpretation of what the Health and Social Care Act 2012 provides, but none of that is good enough. We need action. Ultimately, it is Ministers, through Parliament, who are able to act.

    Let me finish with what Max’s father, Simon Sewart, who has been doing so much to look after his son, wrote:

    “I have always understood that life is no fairy tale with a happy ending, but when you learn that your beautiful child has a disease, as horrific as Batten Disease, your world changes forever and your heart is broken.

    NICE announced, just 24 hours after Max’s diagnosis, that the first ever treatment for CLN2 Batten Disease will not be funded.

    At a time when you should be taking care of your child, your other children, and enjoying precious time together as a family, you instead find yourself spending all of your time writing emails and letters, speaking to journalists and TV news programmes, communicating with your MP and with doctors in other countries where the ERT is available.

    Expending all of your energy in fighting the extraordinary decision by NICE and NHSE. And all the time, you see your child decline, day by day. And all the time, you just want to expend your energy on them, on holding them, on playing with them, on laughing and smiling with them, on running with them, on walking with them, on talking with them, on looking around at the world with them; on all these things. With them.

    This double-whammy is almost too much to bear. Reverse your decision NICE and let my family be.”

    Is that not what we all want for Max and his family? He has this terrible disease. It is not a disease that he can ever be cured of, but if he gets this treatment, he could have a higher-quality life and his family would be peacefully with him, enjoying his company for the years that remain to him. Please can the Minister do something about this?​