Orders of the Day — Crime and Punishment (Scotland) Bill – in the House of Commons at 3:36 pm on 20 March 1997.
Miss Betty Boothroyd
Speaker of the House of Commons
With this, it will be convenient to discuss Lords amendments Nos. 6 and 31.
Menzies Campbell
Shadow Spokesperson (Foreign and Commonwealth Affairs)
3:49,
20 March 1997
The amendments should not pass unremarked, because they represent a substantial climbdown by the Government from the wholly unreasonable position that they had previously adopted. Had the Government earlier displayed the same flexibility as they have been driven to demonstrate in the past few days, we might have had a much more constructive discussion about the best way to reform the law of Scotland.
The amendments that were accepted in the House of Lords have substantially restored the discretion of the judiciary on sentences for serious crimes. Perhaps more significantly, the Government have allowed an independent tribunal for Scotland to deal with miscarriages of justice. The Government rejected such a tribunal wholly and completely, notwithstanding the powerful and trenchant terms of the Sutherland report. At the meeting of the Scottish Grand Committee in Ayr last year, the Secretary of State for Scotland suggested dismissively that such a body for Scotland was unnecessary. Proud though we may be of the law in Scotland, we cannot assume its infallibility. In the past, the cases of Patrick Meehan and of Preece, among others, have shown that the legal system has been inadequate to deal with cases in which justice has not been properly done.
The amendments are a considerable improvement on the Government's original proposals. It is a great pity that they did not approach the matter in the constructive and consensual way that it deserves. I do not know whether the amendments will be described as driving a coach and horses through the Bill, but it is in a better state now than when it was first conceived. The Government could have had it in this condition if they had demonstrated any willingness to co-operate with the Opposition parties.
Mr Phil Gallie
, Ayr
On a point of order, Madam Speaker. I draw your attention to Question 306 on today's Order Paper. I believe that a forged question has been put down in my name. I have discussed the matter with the Table Office, and the signature on the question looks like mine, but it is not. The terms of the question are not mine either. I take great exception to that. Perhaps it is an end-of-term prank, but if it is, I do not appreciate the joke. I suggest that we use all the forces of law and order that the Government have introduced recently and submit the question paper to DNA testing, to try to find out with whom the question originated.
Miss Betty Boothroyd
Speaker of the House of Commons
I do not approve of end-of-term pranks. I shall do all I can to have investigations made, to see how this came about. You can be assured of that, Mr. Gallie.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
The house of Lords is the upper chamber of the Houses of Parliament. It is filled with Lords (I.E. Lords, Dukes, Baron/esses, Earls, Marquis/esses, Viscounts, Count/esses, etc.) The Lords consider proposals from the EU or from the commons. They can then reject a bill, accept it, or make amendments. If a bill is rejected, the commons can send it back to the lords for re-discussion. The Lords cannot stop a bill for longer than one parliamentary session. If a bill is accepted, it is forwarded to the Queen, who will then sign it and make it law. If a bill is amended, the amended bill is sent back to the House of Commons for discussion.
The Lords are not elected; they are appointed. Lords can take a "whip", that is to say, they can choose a party to represent. Currently, most Peers are Conservative.
Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.
The Opposition are the political parties in the House of Commons other than the largest or Government party. They are called the Opposition because they sit on the benches opposite the Government in the House of Commons Chamber. The largest of the Opposition parties is known as Her Majesty's Opposition. The role of the Official Opposition is to question and scrutinise the work of Government. The Opposition often votes against the Government. In a sense the Official Opposition is the "Government in waiting".
The order paper is issued daily and lists the business which will be dealt with during that day's sitting of the House of Commons.
It provides MPs with details of what will be happening in the House throughout the day.
It also gives details of when and where the standing committees and select committees of the Commons will be meeting.
Written questions tabled to ministers by MPs on the previous day are listed at the back of the order paper.
The order paper forms one section of the daily vote bundle and is issued by the Vote Office
The Speaker is an MP who has been elected to act as Chairman during debates in the House of Commons. He or she is responsible for ensuring that the rules laid down by the House for the carrying out of its business are observed. It is the Speaker who calls MPs to speak, and maintains order in the House. He or she acts as the House's representative in its relations with outside bodies and the other elements of Parliament such as the Lords and the Monarch. The Speaker is also responsible for protecting the interests of minorities in the House. He or she must ensure that the holders of an opinion, however unpopular, are allowed to put across their view without undue obstruction. It is also the Speaker who reprimands, on behalf of the House, an MP brought to the Bar of the House. In the case of disobedience the Speaker can 'name' an MP which results in their suspension from the House for a period. The Speaker must be impartial in all matters. He or she is elected by MPs in the House of Commons but then ceases to be involved in party politics. All sides in the House rely on the Speaker's disinterest. Even after retirement a former Speaker will not take part in political issues. Taking on the office means losing close contact with old colleagues and keeping apart from all groups and interests, even avoiding using the House of Commons dining rooms or bars. The Speaker continues as a Member of Parliament dealing with constituent's letters and problems. By tradition other candidates from the major parties do not contest the Speaker's seat at a General Election. The Speakership dates back to 1377 when Sir Thomas Hungerford was appointed to the role. The title Speaker comes from the fact that the Speaker was the official spokesman of the House of Commons to the Monarch. In the early years of the office, several Speakers suffered violent deaths when they presented unwelcome news to the King. Further information can be obtained from factsheet M2 on the UK Parliament website.
