Electoral Registration Data Schemes (No. 2) Order 2012

Baroness Boothroyd Excerpts

Monday 19th November 2012 Lords Chamber

[The Chancellor of the Duchy of Lancaster (Lord Strathclyde)]

My Lords, the Bill is not on the Order Paper or in Forthcoming Business. Therefore, I have nothing more to add to announcements that I have made in the past.

[Baroness Boothroyd]

My Lords, I was not able to be in the House when this matter was raised recently but, of course, I have read the exchanges and the related documents. I hope that the House will allow me to put a few comments on the record.

During my time as Speaker, I worked with three Clerks of the Commons. I believe that I had their great respect and support. They certainly had mine. If there was any success in that Speakership, much of it was due to their support and advice. Much of the time, the Clerk and I were as one with the way in which we should proceed. But, if I recall correctly, there were a couple of occasions when I overruled that advice. The decision was a very difficult one, taken against considerable professionalism and precedence. But I took it in what I believed to be the best interests of the democratic process, and to provide debate on a contentious issue of public interest and concern—and the roof did not fall in.

For us, of course, there is no Speaker here to make that ultimate decision. We all know what the Companion tells us; it has been repeated many times recently in this House. But by its very nature, it is advice that is offered to us and it is only advice; it is only expected to be taken. It is not a command, nor is it written on tablets of stone. I put it to the Leader of the House that, as there is no individual in this House to make the ultimate decision, is it not for your Lordships’ House to make that final decision? Certainly, such a decision and the order of the business of this House should not rest with the Leader nor with the Opposition, nor should it rest with any other individual who does not carry the authority to do so.

We are an integral part of the democratic system. The way in which your Lordships conduct their business is a matter for the House itself. I concern myself at this stage not with the substance of the amendment itself, or its merits or demerits, but with the question of admissibility. That is the principle question. Should this House not initially deal with the question of admissibility? I accept that it would be difficult to do so without discussing the substance, but it would not be impossible. Of course, following a decision on the principle, the substantive amendment would then either fall or be dealt with in the usual matter. That is surely the common-sense way of approach.

We are constantly being reminded that we are a self-regulating House. Let that be demonstrated, and let us carry out that self-regulation and operate the democratic process that we are here to perpetuate, for goodness’ sake.

[Baroness Royall of Blaisdon]

My Lords, I am sure that the whole House will be interested in the comments made by the noble Baroness, Lady Boothroyd, and I look forward to the Leader’s response to what she has said. I thank him for his earlier reply.

It is now a full fortnight since the Government told your Lordships’ House that they had not concluded their considerations on the issues in relation to the amendment tabled by the noble Lords, Lord Hart of Chilton, Lord Kerr of Kinlochard, Lord Rennard and Lord Wigley, to the Electoral Registration and Administration Bill. On that occasion, the noble Lord, Lord Howell of Guildford, asked the proposers of the amendment to see whether they could try to find an amendment which would be considered to be admissible. I was grateful to the noble Lord for his suggestion. It is my understanding that those who propose the amendment stand by the merits of their amendment and its admissibility. But in order to go the extra mile, and to respond to a reasonable request from the noble Lord, Lord Howell of Guildford, they have indeed given consideration to the suggestion. I understand that they have been in further detailed discussions with the clerks, and have sought further legal advice from Queen’s Counsel to see if there is an alternative way forward. I understand that their efforts to do so are continuing. These actions show that they have shown, and are showing, their readiness to be reasonable, and to leave no stone unturned on this issue, as I believe the House would want them to do. That is the right attitude and the right approach.

The Government should conclude their considerations and bring this Bill back to this House. As the noble Baroness suggested, they should let this House—this self-regulating House—decide what it wishes to do in relation to this amendment and get on with its job, its constitutional role, of scrutinising legislation, however uncomfortable that might be for the Government.