HC Deb 21 November 2001 vol 375 cc319-21 3.32 pm
Mr. John Bercow (Buckingham)

On a point of order, Mr. Speaker, of which I have given you prior notice. It concerns 11 straightforward, factual questions tabled by me on 12 November and which related to Treasury involvement in decisions on Railtrack, to which the spectacularly unilluminating reply from the Chief Secretary to the Treasury was: Treasury Ministers and officials have discussions with a wide range of organisations, including other Government Departments, on a wide range of subjects on a regular basis."—[Official Report, 19 November 2001; Vol. 375, c. 144W.] Given the code of practice on access to Government information, the resolution of this House of 19 March 1997 that Ministers should comply with it, and the fact that most of my questions do not concern the detail of internal opinion, advice, recommendation, consultation or deliberation, but simply the dates of discussion and attendance at meetings, is not the Treasury's refusal to answer those questions an insult to Parliament, a breach of the code and a justification for a complaint to the Parliamentary Commissioner for Administration?

Mr. Speaker

The hon. Gentleman will know that I am not responsible for ministerial answers. That is a problem for the Minister, not for the Speaker.

Chris Grayling (Epsom and Ewell)

Further to that point of order, Mr. Speaker. I hear what you say, but Members regard you as a key guardian of the interests of the House. On behalf of a constituent who has experienced rising insurance premiums, I tabled a question to the Chancellor of the Exchequer about insurance premiums since 11 September. I asked the Chancellor what representations he had received from other bodies on that matter, to which I received the reply: We receive representations on a wide range of subjects from a variety of organisations and individuals. What expectations can hon. Members have that Ministers will answer their questions?

Mr. Speaker

The hon. Gentleman must be persistent with Ministers. That is the best advice I can give him.

Several hon. Members

rose—

Mr. Speaker

Order. I say to hon. Members who want to speak further on that point of order that I have made my views clear.

Mr. Nicholas Soames (Mid-Sussex)

Further to that point of order, Mr. Speaker. May I intrude a little further? Although I understand precisely when you say that you cannot control ministerial answers, surely the Chair is right to issue guidance to Ministers that questions should be properly and fully answered.

Mr. Speaker

The Government issue guidance to Ministers, not the Speaker.

Mr. Andrew Robathan (Blaby)

On a point of order, Mr. Speaker. Last week, I raised with you the report of the parliamentary ombudsman, which stated that this is the first occasion on which a Government department has refused to accept the conclusions of the Ombudsman on a question of disclosure of information". Following my point of order, I went to the Table Office and tabled a series of questions to the Deputy Prime Minister, who, according to the Government, is responsible for the central secretariat which is the Government's central link with the parliamentary ombudsman". Every question I table is transferred. How can I get the Minister to answer the questions, Mr. Speaker? Could you please advise?

Mr. Speaker

I am sympathetic to the hon. Gentleman, but in the end it is not a matter for the Chair.

Several hon. Members

rose—

Mr. Speaker

Order. I hope that these matters are not going to be pursued. I have made my case and I certainly cannot keep pursuing the matter.

Miss Ann Widdecombe (Maidstone and The Weald)

Further to that point of order, Mr. Speaker. Of course, I accept everything that you have just said, but could you perhaps give us some advice? I ask for your guidance on holding the Executive to account. If we cannot rely on rulings from the Chair, could you please tell us where we should go and how we can hold them to account? It is a simple question.

Mr. Speaker

The right hon. Lady must keep at Ministers. That is the best advice I can give her.

Mr. Douglas Hogg (Sleaford and North Hykeham)

On a point of order, Mr. Speaker. You will know that there is a resolution of the House, which was passed in 1997, with regard to the duty of Ministers to make full and candid answers. Would you please advise the House what it can do when there is a manifest breach of the resolution of the House—as there frequently now is?

Mr. Speaker

Knowing that the resolution is there, the right hon. and learned Gentleman must persist. Other Members must persist. That is the best advice I can give in the circumstances.

Mr. Eric Forth (Bromley and Chislehurst)

Further to that point of order, Mr. Speaker. Of course, we welcome your guidance and indeed respect it, as ever. You have told us, quite rightly, that the Government are responsible for the answers—or lack of answers—that Ministers give. But, Mr. Speaker, you are the custodian of the relationship that must exist between the Government and this House of Commons. I am not asking for an answer now, Mr. Speaker, but I ask you to reflect on how you believe you can guide the House further to make effective both the ministerial code and the relationship that should exist between the House and the Government. It would appear to have broken down completely, given the point of order made by my hon. Friend the Member for Buckingham (Mr. Bercow). We should welcome your further guidance, Mr. Speaker, perhaps after further reflection, on what we can do other than repeatedly putting questions and repeatedly failing to receive answers from Ministers.

Mr. Speaker

I have some sympathy with what hon. Members have said. The right hon. Gentleman is right—let me reflect on the matter and I shall come back to the House.

Mr. Michael Jack (Fylde)

On a point of order, Mr. Speaker.

Mr. Speaker

I hope that it is not further to the previous point of order, because I think that I did not make a bad reply to the shadow Leader of the House. The right hon. Member for Fylde (Mr. Jack) should quit while he is ahead.

Mr. Jack

I seek your guidance, Mr. Speaker, about the status of the contents of "Erskine May". In your process of reflection, may I ask you to consider the advice therein, particularly as it reflects on the contents of questions?

Mr. Speaker

I shall consider that matter.