Tag: Mark Spencer

The statement made by Mark Spencer, the Leader of the House of Commons, on 22 June 2022.

I beg to move,

That this House considers that it is desirable to consider the employment conditions of Members’ staff in order to ensure a more inclusive and respectful working environment, and accordingly agrees that the following Order be made:

(1) There shall be a committee to be known as the Speaker’s Conference which shall consist of the Speaker, who shall be Chair, and up to 14 other Members appointed by the Speaker.

(2) The Speaker shall appoint one or more of the members of the Conference to act as vice-Chair in his absence.

(3) The Conference shall consider and make recommendations upon the contractual arrangements for the employment of Members’ staff.

(4) Notwithstanding any Standing Order of this House, the Conference shall conduct its proceedings in such manner as the Speaker shall determine.

(5) The Conference, and any sub committees thereof that the Speaker shall appoint, shall have power—

(a) to send for persons, papers and records, to sit notwithstanding any adjournment of the House and to adjourn from place to place;

(b) to report from time to time;

(c) to appoint legal advisers, and to appoint specialist advisers either to supply information which is not readily available or to elucidate matters of complexity within the committee’s order of reference.

(6) The Conference shall produce its first report to the House, which shall include a description of the principles underpinning its work, no later than 31 October 2022.

(7) The quorum of the Conference shall be five.

(8) This Order shall have effect until the end of the current Parliament.

I bring forward the motion on behalf of Mr Speaker to establish a Speaker’s Conference to consider and make recommendations on the employment conditions of members of staff in order to ensure a more inclusive and respectful working environment. The treatment and safety of those who work on the estate is paramount, and I pay tribute to Mr Speaker for bringing this matter to the forefront of our attention today. I commend him for working across parties and across the House to make sure that this motion was brought before us in the House today.

As all Members will be aware, under our current system, individual MPs are responsible for the employment of their own staff. This is a long-standing practice. The Speaker’s Conference will be able to consider whether this remains appropriate. I do not seek to answer that question today, and I do not think this is the moment to debate it, but, should the House agree to today’s motion and the accompanying memorandum from the Clerk of the House, the conference will approach this task without any preconceptions.

Sir Greg Knight (East Yorkshire) (Con)

Paragraph 6 stipulates:

“The conference shall produce its first report to the House…no later than 31 October 2022.”

In view of the fact that there are two scheduled parliamentary recesses between now and that date, does my right hon. Friend not think that that is rather ambitious?

Mark Spencer

I thank my right hon. Friend for that question. That would be an interim report. It is my understanding that Mr Speaker would draw the Committee together, and establish a narrative and what it is looking at. I think the report would be an early opportunity for Members to get a sense of the Committee’s direction of travel.

Hon. Members will be aware that Speaker’s Conferences are not common. I think the most recent one was in 2008, which is before I and many other Members were elected to this place. It was established to look at the representation of women, ethnic minorities and disabled people in this place. It proved to make progress in that direction. I hope that this Speaker’s Conference will be as effective as the 2008 conference. It will be a Committee of the House of Commons, so it will have the powers and legal protections that that entails. That will ensure that it can secure any evidence it needs and that evidence will be given to it freely.

Angela Richardson (Guildford) (Con)

On paragraph 5(a), which talks about powers, is it my right hon. Friend’s understanding that Members of Parliament and current members of staff will be fully consulted in that process?

Mark Spencer

I would fully expect that the Speaker’s Conference will take representations from Members. Once we are aware of which Members are on the Committee—I encourage my hon. Friend to make representations to the Whips Office if she wants to be considered—all Members will be able to feed into the process.

The Speaker’s Conference will include Mr Speaker and 14 other Members. Mr Speaker will appoint those Members with regard to party representation. He will have full discussions with party representatives to give them the opportunity to feed those names in. As the motion sets out, the Speaker’s Conference will have the powers enjoyed by all other Select Committees. As I said to my right hon. Friend the Member for East Yorkshire (Sir Greg Knight), it will report its preliminary findings no later than 31 October. As was the case with the Independent Complaints and Grievance Scheme, which was set up for the employment of Members and staff, it is ultimately a matter for this House to decide how we progress.

I pay tribute to my predecessors, my right hon. Friends the Members for North East Somerset (Mr Rees-Mogg) and for South Northamptonshire (Dame Andrea Leadsom), who made great strides in establishing the ICGS. It provided a dedicated independent mechanism for the handling of complaints of bullying, harassment and sexual misconduct.

The Speaker’s Conference will be an opportunity to improve the working culture and to continue to make progress in that direction. The Government have made it clear that there is no place in this building or in this Parliament for bullying, harassment or sexual harassment. As Leader of the House, I am determined that we do all we can to ensure that that does not happen. With cross-party support, working together in this House, I think we can make great progress.

Should the House agree to establish the Speaker’s Conference, I would like to take this opportunity to wish Mr Speaker well in his endeavours. It will be a beneficial change, promoting positive working environments. I offer the House my full support in its progress.

The statement made by Mark Spencer, the Leader of the House of Commons, on 23 May 2022.

During the passage of the Ministerial and Other Maternity Allowances Bill, significant concern was expressed in both Houses about the Bill’s use of gender-neutral language in the context of pregnancy and childbirth. The Bill was amended so that gender-neutral nouns— for example “person”—were replaced with gendered ones—for example “mother” and “expectant mother”.

Ministers committed to consider and review the Government’s approach to drafting legislation on subjects that prompt these questions around language. The most obvious area is legislation relating to pregnancy or childbirth, but there will be other areas where similar issues arise. Ministers emphasised that “we must not countenance the erasure of women from our public discourse or our legislation”—Official Report, House of Lords, 25 February 2021, Col. 961.

Ministers also note that, academics writing in the journal, Frontiers in Global Women’s Health have warned of potential “adverse health consequences and deeper and more insidious discrimination against women” from de-gendered language such as “pregnant people”.

Previous context on stereotyping

In 2007, as recorded in the Official Report, 8 March 2007, col. 146WS, the then Labour Government stated their intention to draft legislation to avoid rigid stereotypes that only men could hold positions of authority. The approach adopted was to avoid the use of male pronouns on their own in contexts where a reference to women and men is intended. This Government agree with that approach. This statement addresses the separate issues of when it is appropriate to use gendered nouns such as “woman” and “mother”.

Each Bill is brought forward on its own merits and is drafted in a way to ensure legal clarity and in order to fulfil the Bill’s policy intent. Ministers believe it can be appropriate to use sex-specific language in legislation where such language delivers the desired policy outcome. This may include, for example, legislation which relates to the needs of men and women respectively, or areas of policy where biological sex is a relevant or pertinent concept. For example, the School Premises (England) Regulations 2012 explicitly require separate toilet facilities in schools for boys and for girls. This is different from the desire to avoid stereotypes on positions of authority.

Guidance moving forward

When drafting a Bill it is necessary to take into account the fact that a person may change their legal sex by obtaining a gender recognition certificate. The effect of section 9 of the Gender Recognition Act 2004 is that a reference to a “woman” in legislation, without more, will include someone who is a woman by virtue of a certificate and will not include someone who is a man by virtue of a certificate. In some cases, this might be the desired result but in others it might not.

Ministers are aware that there is, in some quarters, opposition to section 9 of the 2004 Act. However, that provision is the law and so drafting practice must take it into account. This, however, does not mean that sex-specific language cannot be used.

A number of drafting approaches are available to deliver the desired policy outcome while still using sex-specific language. One approach is to use sex-specific language to refer to the main case—for example “women”, with the addition of further wording so that the provision also has the desired policy outcome for less common cases.

Other drafting options include using sex-specific language and then disapplying section 9 of the 2004 Act, something that is envisaged in section 9(3) of the Act, or using sex-specific language for both cases—for example “woman or man”. Sometimes an ungendered noun will be appropriate, even in contexts in which sex is relevant. For example, someone undergoing a medical procedure might still be referred to as a “patient”.

The drafting approach in any case also needs to take account of the pre-existing legislative context. An amendment of an existing Act that uses gender-neutral nouns might need to do the same; and an amendment of an older Act that uses gendered nouns in a way that would be interpreted as covering both sexes might adopt the approach of the older Act.

The Office of the Parliamentary Counsel will update its drafting guidance in light of this ministerial statement and steer.

Dignity, tolerance and respect

This statement should be read alongside the comments of the Prime Minister of 23 March 2022, Official Report, column 334: “We must recognise that when people want to make a transition in their lives, they should be treated with the maximum possible generosity and respect. We have systems in this country that allow that and have done for a long time, we should be very proud of that, but I want to say in addition that I think, when it comes to distinguishing between a man and a woman, the basic facts of biology remain overwhelmingly important.”

We believe that this statement sets out a common-sense and practical approach to ensure dignity, tolerance and respect for everyone. It will help champion the broader cause of equality by continuing to recognise the different needs and experiences of both men and women in our society.

The statement made by Mark Spencer, the Leader of the House of Commons, on 11 May 2022.

Following the state opening of Parliament, and for the convenience of the House, I am listing the Bills that were announced:

Animal Welfare (Kept Animals) Bill

Bill of Rights

Boycotts, Divestment and Sanctions Bill

Brexit Freedoms Bill

Conversion Therapy Bill

Data Reform Bill

Economic Crime and Corporate Transparency Bill

Energy Security Bill

Financial Services and Markets Bill

Genetic Technology (Precision Breeding) Bill

Harbours (Seafarers’ Remuneration) Bill

High Speed Rail (Crewe – Manchester) Bill

Higher Education Bill

Higher Education (Freedom of Speech) Bill

Identity and Language (Northern Ireland) Bill

Levelling Up and Regeneration Bill

Media Bill

Modern Slavery Bill

National Security Bill

Non-Domestic Ratings Bill

Northern Ireland Troubles (Legacy and Reconciliation) Bill Online Safety Bill Procurement Bill

Products Security and Telecommunications Infrastructure Bill

Public Order Bill

Renters Reform Bill Schools Bill

Social Housing Regulation Bill

Social Security (Special Rules for End of Life) Bill

Trade (Australia and New Zealand) Bill

Transport Bill

UK Infrastructure Bank Bill

The programme will also include Finance Bills to implement budget policy decisions. This list does not include draft Bills or Law Commission Bills.

Detailed information about each of these Bills can be accessed from the gov.uk website at: https://www.gov.uk/government/publications/queens-speech-2022-background-briefing-notes.