This Document Contains Written Evidence Submitted to the Procedure Committee for the Inquiry Into Explanatory Statements on Amendments
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This document contains written evidence submitted to the Procedure Committee for the inquiry into explanatory statements on amendments. Contents Evidence list Date reported for publication Written evidence submitted by the Leader of the 30 January 2013 House, The Rt Hon Andrew Lansley MP (P 96, 2012-13) Written evidence submitted by the Clerk of Legislation, House of Commons (P 97, 2012-13) Written evidence submitted by The Rt Hon Andrew Lansley MP, Leader of the House of Commons (P 96, 2012-13) As you will be aware, I wrote to the Clerk of Legislation on 29 November 2012, seeking a factual evaluation of the pilots of explanatory statements to amendments to legislation. I enclose the Clerk of Legislation's response of 8 January. I am pleased that the House Authorities have found that anecdotal evidence shows feedback from Members and their staff to be positive and that explanatory statements are felt to be helpful. The statistics provided by the Clerks also highlight the high level of participation in the pilot, with the notable exception of the opposition in the case of the Electoral Registration and Administration Bill. Our respective predecessors agreed in May 2012 that the Procedure Committee would report on the outcome of the pilots. I hope that the Committee will be able to undertake this as part of its work programme in the near future. I remain strongly of the view that for explanatory statements to be a useful part of the legislative process, it is necessary for there to be full participation across the House, from Government, the Opposition front bench and from backbench members. As I set out in my letter to the Clerk of Legislation, I am particularly interested in the proposal that explanatory statements could be voluntary in Public Bill Commit1ees but mandatory for all amending stages taken on the floor of the House. I hope that the Committee will, therefore, consider whether there is a case for explanatory statements being a mandatory part of the scrutiny process. There are a number of questions, some of which have been posed by the Clerk of Legislation, which will require thorough consideration before any moves towards making Explanatory Statements part of the legislative process. I am particularly interested in: • Whether amendments without explanatory statements should be accepted for tabling and selected for debate. The latter is ultimately a matter for the Speaker and the Chairman of Ways and Means; • Whether explanatory statements which are defective should be accepted for tabling; • Whether self-explanatory or repeated minor, technical amendments could be exempt from requiring explanatory statements with the consent of the Public Bill Office; • The costs and overall value for money of any permanent solution. I look forward to setting out my views to the Committee in detail in due course. 24 January 2013 Written evidence received from the Clerk of Legislation (House of Commons) on Explanatory Statements on Amendments (P 97, 2012-13) 1. The Leader of the House has asked the Public Bill Office to evaluate a pilot scheme for allowing explanatory statements to be tabled alongside amendments to two Bills recently before the House1. We have been asked to evaluate the pilot on the basis of the following criteria, along with any anecdotal evidence: • The extent to which explanatory statements are tabled by (a) backbenchers and (b) the Official Opposition; • The extent to which explanatory statements require editorial or other intervention by the House authorities to ensure compliance with the guidelines; • The extent to which explanatory statements or information uniquely available from those statements is referred to in debate or otherwise used in discussion about the Bill; • The costs and resource implications, including indirect costs. 2. We have also been asked to provide a breakdown of the use of explanatory statements at Committee stage and Report stage; and to comment on the proposal that explanatory statements might be made mandatory for amendments tabled on Report stage of Bills, and optional for Committee stage. Electoral Registration and Administration Bill 3. The pilot in respect of the Electoral Registration and Administration Bill covered both Committee of the whole House stage and any proceedings on consideration: in the event there were no proceedings on consideration, as no amendments were made to the Bill in Committee of the whole House. The Bill spent three days in Committee, on 18, 25 and 27 June 2012. 4. Forty-eight amendments (including 5 New Clauses) were tabled, none of them government amendments. 37 were from the Official Opposition and the remaining 11 from backbenchers.2 Explanatory statements were tabled to all but one of the backbench amendments. No explanatory statements were tabled to the Official Opposition amendments. Electoral Registration and Administration Bill Committee of the whole House Stage Government Amendments (with statements) 0 (N/A) Official Opposition Amendments (with statements) 37 (0) Other amendments (with statements) 11 (10) Total No. of Amendments tabled (with 48 (10) statements) 1 Letter from the Leader attached. 2 There were eight different lead names to the 11 amendments, representing the three largest parties in the House. 5. Explanatory statements to amendments were mentioned in debate on two occasions: On 18 June 2012, the Minister (Mr Mark Harper) said They [backbench Members] have participated very well in the experiment that the Procedure Committee has asked us to undertake. This Bill is an example of it, because all hon. Members tabling amendments were asked to include explanatory statements to enable hon. Members to better understand the nature of the amendments. I am pleased that they have done so, as it is very helpful to the House. It is just a shame that the official Opposition appear to have ignored the fact that we are conducting that experiment and have not taken that opportunity. I am sure that the Procedure Committee will draw the appropriate conclusion. The Shadow Minister (Mr Wayne David) replied: I am more than happy to provide an explanation. Resources are extremely limited for Opposition Members and the Minister will have noticed how many amendments we have tabled. That shows our concern about the fine detail of the Bill. However, we thought it was far better to follow the time-honoured practice of tabling amendments and using the facility of being at the Dispatch Box to explain our points and that is precisely what we are doing.3 On 25 June 2012, there was a slight misunderstanding as to the purpose of an Opposition amendment. The Minister (Mr David Heath) noted that “we would have understood her [Angela Smith’s] amendments more clearly had she produced an explanatory memorandum”.4 Small Charitable Donations Bill 6. The pilot in respect of the Small Charitable Donations Bill covered both Public Bill Committee Stage and Report stage. 7. At Committee stage (16 to 30 October 2012), 42 amendments (including 5 New Clauses) were tabled. 15 amendments were tabled by the Government: all had explanatory statements. Of the non-Government amendments, 26 (including two amendments to Government amendments) were from the Official Opposition, and one was from a spokesman for a smaller party5. All of the non-Government amendments had explanatory statements, other than two (fairly self-explanatory) New Clauses. 8. At Report stage (26 November 2012), 40 amendments (including 3 New Clauses) were tabled. 9 of the amendments were Government, 22 were Official Opposition and 9 were from other Members (one Government backbencher, and two spokespersons for smaller parties). Three of the Official Opposition amendments (again fairly self- explanatory) were tabled without explanatory statements. 3 HC Deb, 18 June 2012, col 633 4 HC Deb, 25 June 2012, col 669 5 Mark Durkan, SDLP Small Charitable Donations Bill Committee Stage Report Stage Government Amendments (with statements) 15 (15) 9 (9) Official Opposition Amendments (with statements) 26 (24) 22 (19) Other amendments (with statements) 1 (1) 9 (9) Total No. of Amendments tabled (with 42 (40) 40 (37) statements) 9. There were two references to explanatory statements in debate at Committee stage and none at Report stage: On 25 October 2012, Mr George Mudie sought clarification from the Minister on the meaning of Government amendment 6, with specific reference to the explanatory statement.6 On the same date, Cathy Jamieson quoted from the explanatory statement to Government amendment 11.7 The role of the House service: editorial intervention, and cost and resource implications 10. Most of the explanatory statements were drafted by Members, with no or minimal intervention from the Public Bill Office. Where Public Bill Office staff helped to draft amendments, they also helped to draft explanatory statements, but they report that this took little time (no more than five minutes per amendment), and usually saved time elsewhere by establishing a verifiable shared understanding of what amendments were intended to achieve. Typesetting costs cannot be disaggregated but are minimal. 11. Printing costs: Estimated at £12.30 per explanatory statement.8 Anecdotal evidence 12. Staff in the Public Bill Office have informally approached Members and their staff (but not Ministers or civil servants) who were involved in proceedings on the two Bills. Feedback has been positive. Members and their staff generally found the process of drafting explanatory statements to amendments helpful, both for clarifying the arguments and intention behind amendments when drafting, and in confirming their understanding of amendments tabled by other Members. Those who did not provide explanatory statements with their amendments did so for lack of time, and have said that they would want to provide such statements if offered the opportunity to do so in future, resources permitting. Conclusions 6 Public Bill Committee Hansard, 25 October 2012, col 251-252 (attached) 7 Public Bill Committee Hansard, 25 October 2012, col 266 8 Based on an actual cost per page of £100, an estimate that 22.75 explanatory statements would fill a page, and the fact that each explanatory statement relating to the two bills in the pilot was re-printed on average 2.8 times.