House of Lords: Reform

Baroness Anelay of St Johns Excerpts

Wednesday 22nd June 2011 Lords Chamber

[Lord Marlesford]

I never attempt to write editorials for other papers.

Meanwhile, I support the call for a moratorium on numbers made in April by the noble Baroness, Lady D’Souza, and others in the UCL House Full report.

Mr Cameron has a problem. In this package, he is offering Mr Clegg a sum of Danegeld that he cannot pay; his cheque will bounce. As has been made clear, there can be no question of whipping this Bill through this House. The simplest solution would be for the House of Commons, where there is, in any case, a growing number of Members opposed to Mr Clegg's best guess, to be offered a free vote at Second Reading, if ever it gets that far, and for the Conservative Whips to indicate that the Prime Minister would not be heartbroken if it were defeated. After all, it is the supremacy of the House of Commons that we are debating.

On the point about us not being representatives, many people in this House have been elected representatives for a long time, but now we are all servants of the people. That is no dishonourable title.

[Baroness Anelay of St Johns]

My Lords, it may be helpful to the House if I indicate that, after we have heard from the noble Baroness, Lady Howe of Idlicote, I propose to adjourn the debate for a short while so that we may convene for Questions. I shall make appropriate announcements at that stage.

--- Later in debate ---

[Baroness Howe of Idlicote]

My Lords, when I think of the sheer value and quality that your Lordships bring to our legislative process, I think of a tribute paid to my noble friend Lady Warnock by a new Cross-Bench Peer, the noble Baroness, Lady Grey-Thompson, in a debate on disability and SEN. Referring to the struggle that her parents had to get her into a secondary school of the quality able to develop her talents to the full, she said that it was the Warnock report that had been responsible for opening the right doors for her to develop her potential. Of course, we cannot all claim to have quite the same considerable record as the noble Baronesses, Lady Warnock and Lady Grey-Thompson. Indeed, one or two of us may have slipped in under the wire—an expression used last night—but that is the kind of quality that this country would lose from the Cross Benches if we passed this draft Bill.

I became aware of those qualities when I first entered the Chamber in 2001, as one of the first tranche of people’s Peers, appointed to the Cross Benches by that newly created and still not statutory Appointments Commission. Even more significantly, I came to realise the diversity and range of expertise and experience that was on hand. One change that new group of 14 or so Cross-Benchers achieved was to pilot a somewhat wider role in your Lordships’ House than those on the Cross Benches had taken previously. We were told that usually Cross-Benchers took part only in those Bills and debates on issues covered by their expertise and experience. However, a number of us in that new intake decided to play a slightly wider role, being prepared to listen to all the arguments and take a very full part in proceedings. That practice is much more prevalent than it was. I suppose that I should be thankful that 20 per cent of Cross-Benchers are to be retained in the Chamber, so there would still be a small degree of expertise and experience to draw on.

My second point is obvious and has been mentioned often; none of us can claim to be here because we have been chosen by the people through any form of election. In short, there is no way that we can claim to be specially chosen. Therefore, in the jargon, we are illegitimate. However, we should not be dismayed by that analysis, for, as many others have pointed out, both today and yesterday, legitimacy comes—as the noble Lord, Lord Higgins, said—in many forms. The second Chamber has always included groups of nominees, chosen for example by the monarch or by the Prime Minister, and today by the Appointments Commission.

The draft Bill can clearly be seen to have significantly damaging effects on the future shape, style and performance of the House—so much so that it has been described very accurately by many noble Lords as providing not for the reform of the House but for its abolition. I stress again the special, positive quality of the House and its huge range of specialist experience and expertise. Two hundred Cross-Benchers out of 750 would help to determine the quality of wisdom of the points that we lay before the other place—many of which, as we know, are rightly accepted. One thing is clear about the so-called reformed House; only one-fifth of Members will be nominated rather than elected. Therefore, the great bulk of those talents will disappear, and the volume and diversity of independent specialisms and expertise will shrink almost out of sight.

I come to my first question. Why on earth is this being done and what benefit is it going to achieve? How is it going to improve the results and performance of what we need a second Chamber to do—if we need one at all? That is the alternative question: why have a second Chamber if it is not going to perform the sort of role that we have now? Under the new regime, in the brand new House, 240 Members—five out of every six—will be able to say, “We are on exactly the same terms as those in the other place, so why should we continue to regard the Commons as superior to us?”. Clearly, the risk of gridlock is very serious indeed.

I come to my third and final point. Why incur the lunatic extra costs—apparently £177 million in the first year alone—of paying the salaries and expenses of the new senators’ staff? What on earth will we gain? I would rather go along with the auction that was suggested; at least that would be an amusing way to pass the time as we look toward our demise. As the noble Lord, Lord Norton, said, it is quite clear from opinion polls that this so-called reform has absolutely no interest for the public—and, surprisingly, precious little for the press—yet we are facing the important and potentially very damaging prospect of losing a uniquely valuable and quite irreplaceable institution.

[Baroness Anelay of St Johns]

This may be a convenient point to adjourn the debate until after Oral Questions and the First Reading of the Private Member’s Bill in the name of the noble Baroness, Lady Campbell of Surbiton. I beg to move.

Motion agreed.

Police Reform and Social Responsibility Bill

Baroness Anelay of St Johns Excerpts

Wednesday 11th May 2011 Lords Chamber

[Lord Bassam of Brighton]

My Lords, this may be an appropriate moment for me to raise an important point. The Committee has just voted against the principle of elected police and crime commissioners, which is a key pillar of the Bill. From our perspective, everything that flows from that is part of that important principle. It makes a mockery of the discussion and debate on this part of the Bill if we continue as though this has not happened. It is our view on this side of the Committee that it would be prudent to adjourn so that the Government and Members of the Committee can reflect on what has happened to the Bill so that we can proceed in a sensible and orderly way. Having ripped the guts out of a piece of legislation, I cannot see how we can intelligently proceed as though nothing has happened.

[Baroness Anelay of St Johns]

My Lords, the process is clear. The House of Lords tonight made a decision to remove elected commissioners. That does not prevent the House of Lords doing its normal duty of properly scrutinising this legislation. The Opposition Chief Whip seeks to prevent the House of Lords scrutinising other parts of the Bill tonight. In asking the Committee to suspend proceedings, he is asking it to do just that.

The decision that was taken by the Committee a short while ago means that consequential amendments have not yet been agreed to, Amendment 9 in the name of the noble Baroness, Lady Harris, being one. The noble Baroness is not in her seat but others are present who may move it. The Committee has decided that it does not wish to discuss piloting schemes because it has removed the elected commissioners from the Bill, but it has left in place police authorities with a different system of operating, so it is in order for the Committee to proceed in the normal way—that is, to consider accepting the consequential amendments to Amendment 1 and then to consider the other amendments beginning with Amendment 10. The noble Lord who is on the Woolsack will guide the Committee on which amendments may be further pre-empted.

I know that every Member of this Committee who voted to defeat the Government in the Division will have considered very carefully all the consequences of what they were doing before they took that action. Therefore, I am sure that they would not wish to suspend the Committee and deny it any further opportunity to consider amendments. I think it is appropriate that we should proceed. If the Committee has decided that it does not wish to do its job of scrutiny, that would, of course, be a different matter.

[Lord Bassam of Brighton]

My Lords, having heard what the Chief Whip has said, I accept, of course, that we should proceed to consider the important parts of the Bill. I will not move that the Committee should adjourn, but the Government need to come back to the Dispatch Box, if not today then certainly when the Bill goes into the second day in Committee, to explain exactly how they intend to deal with this issue because the Committee has made its voice very clear on this matter. I would have thought that a period of mature reflection on the implications of the previous amendment being passed would greatly benefit our further consideration of the Bill.

The noble Baroness is right to say that we should deal with consequential amendments. My advice to the Committee would be rather different from her own, but we are the Opposition and the noble Baroness represents the Government.

[Baroness Anelay of St Johns]

My Lords, perhaps I can help the noble Lord further. This Government, like any other, would wish to engage in discussions with all those who are interested in the Bill between Committee and further stages. That is the normal way of doing things. However, the difficulty is that the Committee has taken a decision that it does not wish to consider all these matters again until another place has had the opportunity to consider them. That does not, of course, stop discussions with those who moved the initial amendment and those who supported it. That is the normal way we proceed; it is just that the Committee has prevented us doing it on the Floor of this Chamber. Although the fact that Amendment 1 was carried must necessarily still the voices of those who would have liked to speak to Amendments 2, 3, 4 and so on, there is much else of importance in the Bill.

I am grateful to the noble Lord for agreeing that it is right for this House to do its job—a job it does with some distinction. The results of that do not always bring the Government Chief Whip joy but we will all work together, now and in the future, to work our way through this legislation. The Deputy Chairman has called Amendment 9. It might be for the benefit of those who were keen that Amendment 1 should be carried that Amendment 9 should be put to the Committee so that it can be agreed as a consequential amendment.

[Lord Harris of Haringey]

My Lords, I ask for clarification on what the Chief Whip told us, because I feel that I am again a novice in this House, after a mere 12 years, or whatever, as a Member. I am completely confused as to where we are. I am sure that the Committee would welcome further clarity from the noble Baroness the Chief Whip. Am I to understand that because we have effectively deleted the first line of the Bill, which states that there shall be in each area outside London an elected policing and crime commissioner, we have pre-empted not just the amendments that the Lord Speaker told us at the beginning were pre-empted, but all amendments to all bits of the Bill that relate to policing and crime commissioners? In that case, we might, I suppose, debate Clause 2 that deals with chief constables; and we might deal with those bits of the Bill that deal with London, licensing, universal jurisdiction and Parliament Square. Are we being told essentially that those clauses—which are, of course, interspersed with other clauses dealing with policing and crime commissioners—are effectively pre-emptive? I simply want to know and understand, because people will spend time preparing for debates that might otherwise not take place?

[Baroness Anelay of St Johns]

My Lords, I reassure the noble Lord, Lord Harris, who is an experienced performer, both in this Chamber and in another Assembly, and therefore knows how to obfuscate to his advantage what is clear, that the position is clear. Consequential amendments from Amendment 9 will naturally be accepted and not be opposed by the Government. Amendments from Amendment 10, where they have not been pre-empted by Amendment 1, are to be debated. The noble Lord will of course look carefully, at Amendment 31 and others that follow. There are amendments on which we will continue discussions. I suggest that it is time to do just that.

[Baroness Hamwee]

My Lords, I am sorry to intervene, but I do so also for the purpose of clarity. The debate that resulted in the vote was on the basis, of course, of the deletion of the provision for police commissioners and for the insertion of a police commission, consisting of two parts. That provides a similar basis for debating many of the amendments that we will come to, because it will allow a number of points to be raised similar to those relating to a sole commissioner. I was assuming, for instance, that although we will not, I suspect, consider a group of amendments on piloting the new arrangements, nevertheless there will be new arrangements which, in due course I will seek to argue should be piloted.

[Baroness Anelay of St Johns]

My Lords, I am grateful to my noble friend. I was trying to say, but less succinctly, that debate continues. Of course the Committee has decided to silence debate on those issues that were within Amendments 1 to 8. I suggest that we continue the debate and allow the Chairman of Committees to call Amendment 9, so that we can agree to something.

[The Deputy Chairman of Committees]

My Lords, I repeat that I may not call Amendments 2 to 8A because of pre-emption.

Amendment 9

House of Lords: Membership

Baroness Anelay of St Johns Excerpts

Monday 14th March 2011 Lords Chamber

[Lord Boston of Faversham]

My Lords—

[Baroness Anelay of St Johns]

My Lords, there is time. We have had a question from the Cross Benches. Perhaps we might hear from the Liberal Democrats first and then the Cross Benches.

[Lord Maclennan of Rogart]

Does my noble friend agree that it would not necessarily interfere with the primacy of the House of Commons if all Ministers were answerable to the second Chamber on matters for which they had ministerial responsibility and, in particular, for the legislation that came from their departments?

Parliamentary Voting System and Constituencies Bill

Baroness Anelay of St Johns Excerpts

Tuesday 25th January 2011 Lords Chamber

[Lord Liddle]

I shall withdraw my amendment, but I hope that when we get to Report—

[Baroness Anelay of St Johns]

My Lords, I hesitate to interrupt the noble Lord, Lord Liddle. It is not that we do not wish to hear from him; it is just that we have procedures.

[Lord Liddle]

The Chairman asked me to speak.

[Baroness Anelay of St Johns]

I beg the noble Lord’s pardon.

[Lord Liddle]

To tell you the truth, I was not sure what I was supposed to do. I just wanted to say that I hope that we do not have to raise this issue again at Report, because I hope that the Government will bring forward more flexibility in the way that the Boundary Commission operates so that the needs of communities in places such as Cumbria can be taken more fully into account. If the Government do that and allow much more local flexibility in the rules than at present, which does not breach the principle by which we have operated in Britain since the Second World War of equal constituencies, there will be no need to press this issue again.

Parliamentary Voting System and Constituencies Bill

Baroness Anelay of St Johns Excerpts

Wednesday 8th December 2010 Lords Chamber

[Lord Elystan-Morgan]

My Lords, the arguments about AV, SV and STV are fascinating arguments that embrace ethics, philosophy and, one might almost say, theology. But the House will be relieved to hear that what I want to raise is a very limited point which I need only mention in limine, as it were. It relates to the Welsh translation of the question that will be put on the AV ballot paper. The noble and learned Lord, Lord Morris of Aberavon, and I have already raised this matter with the department, but it seems that it may be too late for anything to be done about it. The reason, as I understand it, is that time is of the essence and that it would involve a long exercise in ping-pong between the Electoral Commission, the Welsh Language Board and possibly other bodies which might take many months. Possibly that is the reason why the amendment moved by the noble Lord, Lord Foulkes, did not go any further than it did.

Be that as it may, perhaps I may point out that the translation that appears in the Bill is one that it would be wholly impossible for the ordinary, intelligent Welsh speaker to understand. I do not doubt that a panel of distinguished academics could justify many parts of it, but in total it is as obscure as ancient Sanskrit to anyone who speaks Welsh from day to day. I speak as one of the half a dozen Members of this House for whom Welsh is their first language, and I must say that it beats me that anyone could have arrived at such an agglomeration of so many different facets.

First, the term, “the UK” is perfectly understandable to anyone living in the United Kingdom, the full term in Welsh, “Deyrnas Unedig”, is also well understood, but the initials “DU” have no meaning whatever. “Duw” means “almighty God” in Welsh. I am sure that many people will wonder why there is a reference to the Almighty in this translation. The next matter is the first past the post system, which is referred to in the English version. Whether there is an aversion to taking a reference from the field of horse racing, I know not. It may be something that Non-Conformists would reject totally as a matter of instinct. But in Welsh it reads as, “y cyntaf i’r felin”. There is a saying in Welsh,

“Y cyntaf i’r felin gaeth falu”.

My noble friend opposite is nodding his head. It means, “The first to the mill shall grind”. If one wanted to translate that back into English, one might say something like, “The early bird catches the worm”, which would be more understandable. But it has nothing at all to do with first past the post. Someone looking at the English version might ask, “What has this to do with mills and grinding?”.

Then we have, “pleidlais amgen”, which translates to “the alternative vote”. I am no grammarian, but I think I am right in saying that the word “amgen” came into the Welsh language 20 or 30 years ago. Strictly it means “an alternative”, but it came into the language in the context of alternative energy, “ynni amgen”. Again, people will ask, “What has this to do with energy?”.

The totality of this is utterly grotesque and impossible. It may be that nothing can be done about it, but it does no great service to the Welsh language, it does no great service to those whose first language is Welsh, and indeed it is less than worthy of whoever was responsible for the drafting of this part of the Bill.

[Baroness Anelay of St Johns]

My Lords, I am sorry to forestall the noble Lord, Lord Grocott. We have an unusual situation here in that the debate on whether this clause should stand part has excited so much interest and depth of discussion. However, it might be for the convenience of the whole House, particularly of the speakers who are expecting to take part in the Question for Short Debate, which would normally commence at about this time, if noble Lords would agree to a proposal by the usual channels that the Committee might adjourn in the middle of this debate and reconvene after the Question for Short Debate. I note that my noble friend Lord James of Blackheath, who is to lead the debate, is in his place, and I believe that most of the other Members who are due to take part are here. I think I can see agreement around the House to this proposal, so it would be appropriate for me to move that the House should now resume. I also suggest that the Committee should not resolve itself into a Committee again until 8.27 pm.

House resumed. Committee to begin again not before 8.27 pm.