Main heading
Parliamentary Questions: Written Questions Guide
Parliamentary Questions
Written Questions guide
October 2013
Prepared by
Parliamentary Branch,
Department of Health
Contents
Contents 2
Introduction 3
Answering PQs – a one page guide 5
1. Introduction to Parliamentary Questions 6
2. Timings and the end to end process 8
3. Handling PQs: the process in more detail 12
4. How to draft a PQ reply …………………………………………………………………..16
5. Further information . 22
Annexes published as separate docuements
Annex A – Cabinet Office Guidance to Officials on Drafting
Answers to Parliamentary Questions
Annex B - PQ Protocol between DH and NHS Information CentreAnnex
C - A guide to Parliamentary business involving NHS EnglandAnnex D
– Contacting NHS England – Q&A
Annex E - Protocol for dealing with PQs covering more than one
ALB
Annex F – List of ALB contacts.
Annex G – Senior escalation panel for unclaimed PPA business
Annex H - Style Guide For Answering PQs
Annex I - Example layout for PQs linked together
Introduction
Parliamentary Questions, Government and the Department of
Health
The Ministerial Code says:
“Ministers have a duty to Parliament to account and be held to
account, for the policies, decisions and actions of their
departments and agencies. It is of paramount importance that
Ministers give accurate and truthful information to Parliament,
correcting any inadvertent error at the earliest opportunity.
Ministers who knowingly mislead Parliament will be expected to
offer their resignation to the Prime Minister. Ministers should be
as open as possible with Parliament and the public, refusing to
provide information only when disclosure would not be in the public
interest which should be decided in accordance with the relevant
statutes and the Freedom of Information Act 2000.”
For many of us, drafting and contributing to replies to
Parliamentary Questions (PQs) is where we feel the weight of
accountability most keenly and most often. PQs are after all the
most common method used by MPs and Peers to seek information from
the Government, hold it to account, and press for action.
We account to Parliament because:
· Parliament votes for the money Government receives every year.
We must therefore account to Parliament that we are ensuring the
most effective use of this investment – and this of course covers
every single aspect of our work; and because
· MPs are our democratically elected representatives. They
represent us and those we serve - the questions they table reflect
issues that concern their constituents.
MPs and Peers can table Written PQs for answer on any day in
which Parliament is sitting. The Department of Health (DH) receives
one of the largest volumes of PQs among government departments – in
the first parliamentary session of the coalition government, which
ran from May 2010 to April 2012, we received and answered 11,700
questions.
Yet volume is no excuse for answering questions late. Those
departments that receive high volumes of questions gear up to
answer them accurately and within the timescales expected. It is
the responsibility of all staff in the Department to take the lead
for, or contribute to, providing draft answers and associated
background material where appropriate, to ensure information
provided is accurate and that deadlines are met.
Replies to PQs can have consequences. The answers that Ministers
give are published and read widely, and our performance as a
Department – in answering questions accurately and on time - is
crucial to our reputation and credibility. When drafting a PQ
reply:
· always bear in mind that an inaccurate reply can lead to an
accusation of a Minister misleading Parliament;
· treat all MPs equally - the questions they ask all carry the
same weight – the identity, and the political party, of the MP
asking the question must not influence the answer Ministers give;
and
· remember that PQ replies regularly receive media attention –
particularly when new information is released.
This guide is intended as an introduction for staff new to PQs
and a reference document for all staff to use on a day to day
basis. It begins with a one page How-to for those staff that may
have received a Question for the first time. It also contains
information on how best to write a draft reply, the stages that PQs
go through – and good practice timings for these, and some
specialist information on more technical aspects of PQ
handling.
This guide must also be read alongside the Cabinet Office
Guidance to Officials on Drafting Answers to Parliamentary
Questionsn at Annex A.
Answering PQs - a one page guide
1. Check the deadline and prepare to answer the PQ on time.
The deadline will nearly always seem very tight. But in truth -
in terms of the time Parly give you, we are as generous as we
possibly can be. Ministers are required to answer Commons named day
questions on the day specified by the MP, ordinary written
questions within five sitting days, and Lords written questions
within 10 working days. Later, this guide will set out just how
little time policy teams, Parly, Private Secretaries and Ministers
get to manage their stages of the process. We are all in the same
boat.
So start to answer the question on the day you receive it – send
out for contributions immediately, and make sure that the member of
the Senior Civil Service (SCS) who will clear the answer will be
available at the required time.
2. Accept the PQ on Contact
This guide is not about the Contact system itself. This can be
found on Delphi. But, if the question is for you, accept it
immediately. All unaccepted questions are chased by Parly – please
help cut down on unnecessary calls.
- or -
Help find it a home
Parly allocate all PQs by noon on the day they are received.
Sometimes, a PQ might be allocated to only roughly the right policy
area – on the understanding that it will be forwarded. If you know
a better home for a PQ the Allocate PQ button on Contact allows you
to send the question on to the best person. But check with the
other person first so that PQs are not simply passed around. If you
think Parly need to learn where best to send certain types of
question, by all means let us know – but for now – just
reallocate.
3. Compose your answer – be accurate and concise.
This guide contains notes on style, but your main concern should
be to set out the facts clearly and accurately. The Cabinet Office
guidance on answering PQs states, “Approach every question
predisposed to give relevant information fully, as concisely as
possible and in accordance with guidance on disproportionate
cost.”
Answer the question asked. But be meticulous about accuracy – do
not run the risk of causing a Minister to inadvertently mislead the
House.
You will also need to provide a background note - to give
additional relevant information to help the Minister understand why
you have provided the answer you have. This can be as short as a
paragraph or so in many cases.
4. Get clearance
You must get your answer and supporting material cleared at SCS
level.
5. Return the answer on Contact.
Use the template provided. Don’t run up too close to the
deadline – allow yourself some extra time in case of any
problems.
1. Introduction to Parliamentary Questions
1.1There are three types of Written PQ:
· Commons Named Day - these must be answered on the date
specified by the MP. The date for answer can be as little as two
days from the date the question first appears on the House of
Commons Order Paper.
· Commons Ordinary Written - these appear on the Order Paper for
answer from the next sitting day. However, in practice the
expectation is that they are answered within five sitting days of
being tabled.
· Lords Written – these must be answered within 10 working
days.
Throughout this guide, for simplicity’s sake, Commons Ordinary
Written PQs will be used as the model.
· Oral PQs are dealt with in separate guidance on Delphi. But it
is worth noting here that, since more oral questions are listed
than there is ever time to answer, those not reached must receive a
written answer on the day.
Commons Written PQs
1.2There is no limit on the number of Ordinary Written PQs that
an MP can table, although for Named Days there is a limit of five
questions per Member per day.
1.3MPs must hand in their questions at the Table Office, or at
least have signed them if being represented by another MP or a
staff member acting for them. In addition to this, MPs may table
electronically. The Table Office contributes a great deal to the
process – helping to make sure that questions make sense, obey
Parliamentary rules, and are tabled to the correct Government
Department.
1.4Rules govern the form, content and minimum period of notice
of questions. These state that a question:
· should not offer or seek expressions of opinion;
· must relate to a matter for which the Minister to whom it is
addressed is responsible as a Minister. It may not, for
example, touch on any activities in his or her capacity as a party
leader or Member;
· should not seek confirmation of or comment upon a report or
rumour, for which a Minister can have no responsibility;
· should be drafted as concisely as possible and conform to
normal Parliamentary conventions regarding decorous language and
respect for the Crown, the judiciary and Members of both
Houses;
· may not touch any matter which is currently the subject of
legal proceedings (this is the “sub judice rule” i.e. where a civil
action is set down for a hearing, or a criminal case is between
charges preferred and final determination of sentence or where any
appeal has been lodged).
1.5A Question which has already been asked and fully answered
cannot normally be asked again for three months unless it is a
matter which is subject to change.
Lords Written PQs
1.6In the House of Lords, questions are handed in or sent to the
Clerks in the Minute Room who advise Peers on wording and
admissibility. The practice of the House is that questions, whether
Oral or Written, should be short, and framed so as to elicit
information - statements of opinion are out of order, and
statements of fact are included only so far as is necessary to
elicit the desired information.
1.7Questions tabled in the Lords are addressed to Her Majesty’s
Government and not to any particular Minister or
Department. The Minute Room clerks then allocate each question
to a Department.
1.8Peers may table up to six Written Questions on each sitting
day.
1.9Every effort must be made to ensure that a reply to a Written
question is given on time. A list is published of questions not
answered within the maximum time of 10 working days and Departments
are held to account for their performance.
2. Timings and the end to end process
2.1To meet the expectations of Parliament, the Government is
committed to ensure that:
Named day questions are answered on the day specified by the
MP;
Commons ordinary written questions are answered within five
sitting days; and
Lords written questions for Written Answer are answered within
10 working days
2.2The minimum operational standard is for the Department to
answer 90% of PQs within the timescales above.
2.3The example timeline below shows how the process works – and
who must do what by when, to meet the standards for Commons
Ordinary Written and Lords written PQs. The timeline for certain
named day PQs may be shorter.
2.4Note that Parliament does not sit at holiday times and on
certain Fridays so deadlines will sometimes vary.
2.5Always follow the target date given to you by Parly. It is a
genuine deadline.
Example timeline for Commons ordinary written PQs and Lords
written PQs
Day 1
Parly receives a list of PQs via email in the early morning each
day after Questions are tabled.
By 9.00am, Parly gives early notice to the whole Department - by
posting the day’s list of PQs on Delphi, then emailing DH staff who
most commonly answer PQs, and key contributing Arm’s Length Bodies
(ALBs) such as the NHS Information Centre.
By noon, Parly enters all PQs on Contact and allocates them to
policy leads and other officials.
By noon, ALBs have identified those PQs for which they expect to
make contributions and started work – in advance of formal
commissions from DH policy staff.
By noon, policy leads have identified those questions on which
they need a contribution from another team of an ALB, and
commissioned information.
By COP, policy officials should Accept those PQs allocated to
them on the Contact system. This confirms to Parly that Questions
have been picked up and are being dealt with.
Wherever possible, cleared answers can of course be returned on
Contact from Day 1 onwards.
Notes:
If a PQ has been allocated to the wrong area, or to delegate
answering responsibilities to a colleague, the Allocate PQ button
on Contact must be used to send the question on. Parly expects
that, in the great majority of cases, officials must decide between
them who might best answer a PQ. All such deliberations must be
concluded, and the Question properly accepted, by the end of Day
1.
Staff should start to answer the question on Day 1 – sending out
for contributions immediately, and making sure that arrangements
are made to ensure that a member of the SCS is available to clear.
A separate protocol exists for requesting information from the
Information Centre.
Day 2
Starting on Day 1 and continuing up to the morning of Day 3 –
staff should compose the answer, using contributions as
required.
By COP, contributions commissioned from other teams or ALBs
should be returned.
Day 3
By noon, policy officials must return draft replies to Parly on
Contact. When preparing an answer – staff should take care not to
run up too close to the deadline – allow extra time in case of any
problems to do with clearance with the SCS member or IT. Remember -
a question received even one minute after deadline is marked as
late.
By 4.00pm, Parly print out and prepare answers for signing by
Ministers. This includes checking the answer is complete and making
sub-editorial changes to ensure that the final answer uses the
terms and language expected by Parliament. Parly also check any
tables are in the correct format and that references to previous
answers and documents deposited in the Library are correct. Parly
may request redrafts at this point.
On receipt, Ministers Private Secretaries provide further
checking and quality assurance of the draft answers. They may
commission redrafts from officials, or make contact in order to
clarify points. When satisfied with the quality and accuracy of
answers, these are put to Ministers for signing – typically in
Ministerial boxes for evening work, or during the day at times
reserved in Ministerial diaries.
Note:
For Lords Questions for answer by PS(Q), initial sign off by the
responsible Commons Minister is essential. Similarly, Commons PQs
on matters in PS(Q)’s own portfolio must first be signed by him.
Ministers Offices and Parly work together to manage this process
quickly and to ensure that the handover stage is registered on
Contact.
Day 4
Private Secretaries review PQs returned from Ministers, signed
PQs are returned to Parly, those needing further work because of
Ministerial queries may be returned for further redrafting.
Day 5
By noon - Ministers Offices must return signed PQs to Parly.
To meet deadlines set by Hansard (usually Monday-Wednesday 5pm,
Thursday 4pm and sitting Fridays at 2pm), Parly must print the
final answers, taking care to include Ministerial and other
amendments which will be written on the draft.
Every final answer is checked thoroughly – for mistakes which
may have occurred during final transcription and formatting – and
also for any errors of fact which may not have been spotted in
earlier parts of the process.
Parly arranges for copies to be made of all questions, and
related documents – and arranges delivery to MPs, peers, Hansard,
the press gallery and the Parliamentary Libraries.
3.Handling PQs - the process in more detail
Allocating and accepting PQs
3.1When PQs are received in the Department, Parly seeks to
allocate them to a lead official. The lead official then takes
ownership of the PQ and provides a full answer to the question by
the deadline, seeking contributions as necessary from colleagues in
other parts of the Department and ALBs.
3.2It is vital that PQs are allocated and accepted on the day
they are received in the Department. Any delays in allocating a PQ
make it likely that the deadline for answering it is missed. PQs
not allocated on the day of receipt in the Department will be
escalated to SCS level for resolution.
3.3 PQs are allocated by an email which provides a link to the
Contact database. The lead official must confirm responsibility for
the PQ by clicking the “accept” button within Contact. If the PQ
has been allocated incorrectly, the lead official should
re-allocate by clicking the “re-allocate” button. But check with
the other person first so that PQs are not simply passed around. In
cases of difficulty, the lead official must contact Parly
immediately.
3.4Parly maintains a list of lead officials for each subject
area which is published alongside this guidance. Lead officials
must let Parly know if their responsibilities or contact details
change. They must also ensure that alternative arrangements for
receiving PQs are put in place when they are absent.
Transfer to another Government Department
3.5If the PQ is appropriate for transfer to another Government
Department, the lead official must inform Parly immediately.
Questions should be transferred to another Government Department on
the day first received.
3.6Although conversations between the DH lead official and
relevant counterpart officials in the other Department may result
in an agreement to transfer, the inter-Departmental transfer must
be handled and agreed by the respective Parly branches,
particularly as Parliament needs to be informed.
Deadlines
3.7Deadlines are vital. When PQs are allocated to lead officials
the day and time that the draft reply is due back in Parly is set
out on the template. The deadline will nearly always seem very
tight – but they are as generous as we can make them.
3.8 So, start to answer the question on the day you receive it –
send out for contributions immediately, and make sure that the
member of the SCS who will clear the answer will be available to do
this.
3.9It is important to plan for the return of all PQs and ensure
that a member of the SCS is available to clear the answer in good
time. Someone should also be available to follow up any enquiries
from Parly and from Private Offices after the answer has been
returned.
Deadline extensions
3.10Inevitably, there are problems and complications with a
small number of PQs. Some questions will therefore be returned
late. But, although we can sometimes make up the time for a small
number of PQs at the Private Office end of the process, late
returns mean less time for Ministers to consider and may mean that
the overall target is missed. Overdue questions are always recorded
as such on Contact. Because of this, there is no provision for
Parly to grant extensions to the deadlines they set. However,
always inform Parly about questions that may be late, and provide
updates on progress. This can be done by writing a short entry in
the PQ’s Notes field on Contact or getting in touch with Parly.
Arm’s length bodies
3.11When a need is identified for a contribution from an arm’s
length body - these must be commissioned immediately.
Contacting the NHS Information Centre
3.12Remember when commissioning figures from the Information
Centre to use the mailbox. One request (that is, one PQ) per email
- and you must make the request as soon as possible after receiving
the PQ, normally by noon on day 1. A full protocol for managing
this process, agreed by the Department and the Information Centre,
is available on Delphi, and at Annex B.
Contacting NHS England
3.13When commissioning information from NHS England you must do
so via mailbox. Where a policy team exists in the Department and
has some responsibility for a subject area, no matter how small,
they must take responsibility for the whole PQ answer and
commission information from NHS England as appropriate.
3.14A guide to Parliamentary business involving NHS England is
at Annex C and Contacting NHS England – Q&A is at Annex D.
Other ALBs and questions relating to more than one ALB
3.15It is vitally important that any commissioning note is sent
out to ALBs by midday on the day the PQ is received.
3.16When commissioning information from other ALBs you must do
so via the appropriate contact . This will ensure that the ALB are
correctly able to manage commissions using their internal
processes. It is important to follow this protocol even if you know
the name of the expert contact within the ALB as the contact needs
to be able to track all Parliamentary business.
3.17Occasionally you may want to discuss possible approaches to
answering a question with an ALB expert informally. If so, always
follow this up with an email to the listed contact point.
3.18 The Department sometimes receives PQs that ask the same
question of some or all of its ALBs. Most of these questions are
related to three functional areas - finance, HR or procurement -
but can cover a wide range of other issues too.
3.19If you are working on a cross-cutting issue that requires
input from several DH policy teams, you should work together to
ensure only one contribution request is made to an ALB. This will
save tiome and ensure that there is one coherent response.
3.20An agreed protocol for dealing with PQs where information is
required from more than one ALB is at Annex E. A full list of ALB
contacts is at Annex F.
3.21In summary;
-PQs on corporate issue/s that ask about one ALB will continue
to be led by the sponsor team;
- PQs on a single corporate issue that ask about multiple ALBs
will be led by whomever is responsible for that issue within the
Department; and
- PQs on multiple corporate issues that ask about multiple ALBs
will be coordinated by the Sponsorship Support Unit (SSU), liaising
with the appropriate leads within the Department.
3.22Consistency is important – if, for example, the question
only asks about the
Department’s NDPBs and not the remainder of its arm’s length
bodies, the response should make clear that the Department also has
other ALBs that have not been included in the answer.
PQs difficult to place
3.23For every PQ tabled to the Department, someone, somewhere in
the organisation should be able to draft the answer. Yet, finding
this person can be difficult, as can suggesting that a policy area
extends its subject portfolio to cover a PQ.
3.24The two overriding principles here are that:
- if an official can answer a PQ, and knows of no one better
placed to take it, for the wider corporate interest of the
Department the official must take the Question; and
- escalation will always lead to a home being found – so if it’s
for another part of your division, accept the PQ and negotiate
internally.
3.25Where normal methods of escalation do not result in a PQ
being accepted, a senior escalation panel will make a decision on
behalf of the Permanent Secretary. Details of the role of the
senior escalation panel are at Annex G.
Round Robins
3.26 Round Robin questions are identical questions asked by the
same MP to three or more Government Departments. Answers to Round
Robin questions may be co-ordinated by the Cabinet Office so that,
where appropriate, Departments adopt a similar approach. When the
Cabinet Office identifies a Round Robin they send each Department a
note advising whether the question should be answered factually or
whether written guidance will be given. Parliamentary Section will
advise officials when to expect guidance on a PQ and will send a
copy to them as soon as it arrives.
3.27In the majority of cases it is not necessary to wait for the
guidance before answering the Question – if in any doubt, Parly
will advise, and they will inform drafters in those rare cases
where the Cabinet Office explicitly demands that Departments must
wait.
4. How to draft a PQ reply
4.1Do not draft, or clear, answers to Parliamentary Questions,
without first reading the Cabinet Office guidance at Annex A
4.2When answering a PQ remember that:
· the reply must answer all aspects of the question;
· the reply should be concise but clear and informative;
· the reply must be completely accurate and not misleading. The
drafting and authorising officers are responsible for the accuracy
of the information provided;
· the answer should be positive in tone wherever possible. If
the answer proposed is simply "Yes" or "No" or wholly uninformative
the background note must explain why;
· replies should be phrased in an open and logical way, reading
as simply as possible. If a different approach is adopted the
reasons must be explained in the background note; and
· drafts must use clear, direct and concise language. Short,
familiar words and short sentences are best. Use active verbs
rather than passive ones. Avoid clichés and jargon. Use plain
English. Do not use technical terms unless necessary.
4.3A style guide is at Annex H
Referring to MPs, Ministerial colleagues or Peers in the
response
4.4 Replies to PQs are given through the Speaker and an MP
should always be referred to in the third party. Additionally, MPs
are addressed by the constituency they represent, and are referred
to as a Friend if they are of the same political party or coalition
partner, or Member if not. For example:
My Rt. hon. Friend the Member for Charnwood; and
The hon. Member for Bolsover.
Parly will help get this right for you, and it can be useful to
look at previous replies in Hansard to help get this language
right.
4.5 Do not use “I” in a draft answer unless the answer is to be
given by the Secretary of State, or it is in relation to specific
events or meetings the Minister answering has attended. Always
refer to the Government as we. Only the Secretary of State should
use the phrase "my Department", for other Ministers it should
always be "the Department".
Partial replies
4.6 If a full reply or one in the form requested is not
possible, begin the draft with "The information requested is not
available/collected [in the format requested]. Such information as
is available is [in the table/ as follows]". Any further
information on what and why the information is not available should
be placed in background notes following the reply.
Tables
4.7Always use tables where appropriate to present figures. When
using tables the reply should be introduced as follows:
“The information is shown in the following table(s).”
4.8 If only part of the data requested is available use the
wording:
“The information is not available in the format requested. Such
information as is available is in the following table(s).”
4.9 Tables can be prepared either in the PQ template itself
(i.e. in Word) or in Excel. If using Excel, upload it on to Contact
as an attachment (See User Guidance). It must be able to print (A4
size) so that the MP can read it clearly. Please always use the
Print Preview facility to check this (You might have to change the
page layout etc.)
· The information in the table itself should not contain any
bold, underlining or italics.
· Do not include unnecessary columns or rows unless needed to
provide context.
· There should be a clear title above the table showing what it
represents.
· Provide a comprehensive set of notes following the table. The
notes should make reference to any rounding in the figures and any
other important information. Figures, which are rounded to the
nearest hundred, thousand or million, do not need all the noughts
in the columns. Either at the top of the column or at the top right
hand of the table, indicate either hundreds or thousands etc.
· Always include the source of published data – where
unpublished information is used, indicate the status of the data,
for example, “Validated but unpublished information on health
visitors from an approved statistical collection”.
· The words Source and Notes should be in italics, point size
10.
4.10 Where a table is longer than four pages, Hansard will not
print the table and instead it is placed in the Library. A hard
copy is however sent to the MP and it must be in a user-friendly
printable format. The table should also have a clear heading to
make it easily identified by Library staff and MPs and should have
the PQ number it corresponds to in the top left corner.The reply
should say:
“The information has been placed in the Library.”
Statistical information
4.11Always check the accuracy and presentation of statistics
when they are used in PQ replies. The appropriate statistician or
analyst in your area will advise you.
4.12Use official published statistics, wherever possible. Never
use unpublished management information where published official
statistics are available. If your answer does require the inclusion
of unpublished information, always get professional analytical
advice about the presentation and release of the information.
4.13 If a PQ asks for information that will be published
subsequently, you can answer by stating the expected date of
publication, as contained in the pre-announced statistics plan.
4.14If you find that PQs regularly require the use of data which
have not been scheduled for publication, seek professional
analytical advice about whether it might be desirable to
proactively publish this information.
Library documents
4.15Where a question asks for information which is contained in
a document such as an annual report we may need to deposit the
document in the Library, or refer to it if it has been deposited on
a previous occasion. However, it is usually more transparent and
more helpful to the MP to include the relevant information in the
answer itself. This is particularly helpful when a requested figure
in contained as part of a much larger document or table.
4.16For the wording in the PQ answer itself - when we need to
deposit a document in the Library in connection with a PQ answer,
the answer should say "(the document) has been placed in the
Library".
4.17Where a document has already been placed in the Library,
such as in connection with an earlier PQ, the answer should say
"(the document) has already been placed in the Library."
4.18The form of words "(the document) is available in the
Library" only refers to documents that are in the Library but not
formally deposited. These are relatively few and Parly will advise
when this is appropriate.
4.19When we deposit a document in the Library, an electronic
version of the document must be attached to the PQ on the database.
This version will be sent to the Library electronically and printed
out and sent to the MP along with the PQ reply.
Using website addresses in replies
4.20Giving a web address of a document is not a substitute for
depositing a copy in the Library. This is because answers to PQs
are placed “on the record” and are available in perpetuity.
Information on a website is not “on the record” and it is unlikely
that a URL is permanent. Web addresses may be given in addition to
depositing a copy in the Library and must be the full permanent URL
which takes the reader straight to the document itself. Test the
URL to ensure that it works.
Referrals
4.21 A PQ may be answered by referring to a previous reply as
long as it fully answers the information requested, and so long as
the previous PQ was answered in the current session. When it is
decided to refer to a previous answer, the reason must be clearly
stated in the background minute. The previous PQ answer and
background must be cut and pasted into the background note. This is
so the Minister can see what was previously answered. You can
access previous answers via the Parliament website:
http://www.publications.parliament.uk/pa/pahansard.htm
In answering a referral to the same MP which asked the previous
question, the following phrasing should be used:
“I refer the hon. Member to the Written Answer I gave him/her on
[insert date], Official Report, [insert column no.]”
4.22In answering a referral to a different MP which asked the
previous question, the following phrasing should be used:
“I refer the hon. Member to the Written Answer I gave the hon.
Member/Friend for [Constituency] [MPs name] on [insert date e.g. 6
March 2008], Official Report, [insert column no. e.g. columns
112-113W.]”
Disproportionate cost
4.23 Ministers may decline to answer a Question when the cost of
preparing an answer would be disproportionate. The decision whether
or not to supply an answer depends on the merits of that case, but
an answer might be disproportionate if the costs exceed £850.
4.24The calculation necessary to determine whether
disproportionate cost might be a consideration should normally be
made on the basis of the staff cost involved in collecting
information needed to prepare the answer. Such calculations are
always difficult and extreme care must be taken when a calculation
exceeds £850 by only a marginal amount. There must be no doubt
whatsoever that the threshold has been reached.
4.25. Even when the disproportionate cost threshold is reached,
a Minister may decide that it is in the public interest to give the
information requested.
4.26Where officials recommend that a question is not answered
because of disproportionate cost, a note must be provided for the
Minister that sets out the reasons and the full breakdown of the
cost involved. The suggested answer should read:
“The information is not available/held centrally and could only
be obtained at disproportionate cost.”
Holding replies
4.27 Very exceptionally, a holding reply may be given to a
Commons Named Day question if the Minister agrees. The number of
holding replies should be kept to a minimum and should only be
issued where, for example, the information requested is complex and
cannot be collected quickly.
4.28If it is clear that a response to a named day PQ cannot be
prepared by the 12.00 noon deadline you must discuss with Parly as
soon as possible. It is likely that a note will be required for the
Minister explaining why the question cannot be answered and when
the full response is expected. If the Minister agrees to send a
holding answer the final reply must be issued within a further five
days. The holding reply will be issued by Parly and will say
simply:
“I will let the hon. Member have such information as is
available as soon as possible.”
4.29 Once the full reply is ready, it should be prefixed with
the following phrase in square brackets:
[Holding answer Tuesday 17 April 2012]
Linked Replies
4.30 Questions covering similar matters can be linked even where
different MPs are involved. This means that we can give a single
reply to answer two or more Commons questions. In the Lords,
questions may only be linked if they are from the same peer. On the
Contact database, after accepting the PQs that you wish to link,
there is a Link action button available to help you answer
questions together. This will produce a template with all the
questions included, and allow you to submit all the linked
questions simultaneously. There is an e-learning module about
linking PQs on Delphi, or you can contact Parly for advice.
4.31Alternatively (if, for example you miss the chance to link
the questions on Contact), PQs can be linked manually. For this
method, for each linked PQ, either attach the same template onto
the Contact database or state clearly on the other templates which
PQ it has been linked to. All these PQs must be individually
returned to Parliamentary section on the Contact database –
otherwise they will still be recorded as outstanding. Linked cases
must be returned at the same time. You should also use the ‘PQ
notes’ tab on the database to state which PQ cases are linked.
4.32An example of the layout for PQs linked together is at Annex
I.
Background notes
4.33Ministers need a short note explaining the facts and
thinking behind the suggested reply. Many Ministers will send back
answers that lack background notes – so take care to include one,
even if you feel an answer is self-explanatory. If the background
note or any part of it is Restricted, it should be protectively
marked. You should include information on:
· Context. The answer may stand up on its own, but it is normal
practice to provide policy background for the Minister in order to
put the draft in a larger context. If the answer contains figures
or costs, it may be appropriate to give background on trends.
· Previous questions and answers on a similar matter from the
same MP.
· Areas of possible controversy. Sensitive information included
in the answer should be highlighted and discussed, especially it
has not been released before. If the answer may attract media
interest, alert Press Office.
· Answers which are inconsistent with previous replies. You must
explain fully if your answer differs from a previous answer or
statement given previously. If new information comes to light in
your research which might affect this or previous answers or
statements you must ring the Minister's Private Office AT ONCE as
well as stating this clearly in the background note.
· Information on the MP’s interest in the policy area – so long
as it usefully informs the reply. This must be factual, based on
what is known – on the public record - about the MP. Information
such as policy interests, membership of stakeholder organisations,
and previous questions might be included. Do not speculate about
any motives the MP might have, or include extraneous personal
information.
Corrections
4.34 If you think that a Minister may have made an inaccurate
statement then you should immediately contact the Private
Secretary, the Parliamentary Clerk and the relevant private
secretary in the Permanent Secretary’s office. Ministers may need
to correct the Parliamentary record at the earliest opportunity.
The Parliamentary Clerk will advise on options for doing this, and
the Private Secretary can advise on handling.
5. Further information
Parliamentary Questions and the Freedom of Information Act
5.1A Minister can refuse to answer part or all of the question
for broadly the same reasons as are available under the provisions
of the Freedom of Information (FOI) Act. When decisions of this
type are considered, consistency with the FOI Act is absolutely
paramount. If information would be released under FOI, it must also
be given in response to a PQ.
5.2FOI exemptions should not be used explicitly in answers.
Where information is withheld, the draft answer should use the
language and spirit of the relevant FOI exemption clause without
referring directly to the Act. See paragraph 7 of the Cabinet
Office guidance above.
5.3The rationale for refusing information should be explained in
the PQ background note. Ministers need to understand the basis on
which the reply has been drafted. The Background Note should
therefore explain which exemption the reply alludes to and why it
is considered to be relevant. It will also be important to say
whether the issue is or has been the subject of a FOI request, and
to confirm what information is already in the public domain.
5.4It is important that officials answering PQs should be aware
of parallel FOI requests for the same information either from the
same or a different MP, or from any other applicant. It is
important that there is consistency in the decisions to release or
withhold the information. If release of information has been
refused in answer to a PQ, but a subsequent change of policy means
that the information is to be released, there will be a requirement
to write to the MP to inform him/her. It might even be appropriate
to release a Written Ministerial Statement explaining that
previously withheld information is now to be released.
5.5Unlike FOI requests which are answered on the basis of
information that is held by the Department, we must answer PQs
(subject to the rules on disproportionate cost), regardless of
whether information already exists in the format requested. In some
cases this may require the compilation of material from different
sources.
5.6Consideration of a parallel FOI request is not a reason to
delay an answer to a Parliamentary Question.
