(6 days, 4 hours ago)
Lords ChamberMy Lords, in Committee, it was pretty much acknowledged that this amendment addressed a genuine problem and that the House as a whole would benefit from a solution. That problem, in a nutshell, is that the House of Lords Reform Act 2014 clearly states that a notice of resignation
“must … be signed by the peer and by a witness”.
Therefore, if a Peer has lost mental capacity and the Clerk of the Parliaments does not feel able to accept an attorney’s signature, there could be the perverse situation where a Peer’s attorney could arrange medical care or sell a Peer’s house but could not submit a notice of resignation on their behalf, thus leaving that Peer free to speak or vote in the House when they really should not. This is undignified for the Peer and bad for the reputation of the House.
Amendment 16 would amend the House of Lords Reform Act 2014 to allow a person holding a lasting power of attorney to sign a letter of resignation on a Peer’s behalf. Following the debate in Committee, I do not think the intention is controversial and I will not spend more time on it.
I thank the Leader of the House and the Clerk of the Parliaments separately for spending time with me to discuss this amendment. The Leader has done what she said she would do in Committee and has, together with the Clerk of the Parliaments, come up with a solution—the issue is whether it is the best one. In the decade or so since the passing of the 2014 Act, the Clerk of the Parliaments and his predecessors have accepted legal advice that it would not be lawful to accept a notice of resignation by a Peer’s agent or attorney. The Leader recently commissioned further advice from the Government Legal Department, which I am informed admits that there are good arguments on both sides but now advises that an attorney may submit a notice of resignation on behalf of a Peer.
Armed with the new government lawyers’ advice but conscious of the good arguments on both sides, the Clerk of the Parliaments has changed his mind and said that he is now prepared to accept the legal risk of accepting a resignation from an attorney, subject to certain safeguards. I emphasise that the unfortunate Clerk of the Parliaments is only implementing a system that we have created but is forced to take the legal risk by accepting the new advice instead of the previous advice. He may later be found to be correct in accepting the advice or he may not.
What would happen if a successor Clerk of the Parliaments disagreed with his interpretation of the advice? What would happen if a court found that the advice was incorrect? Why should we leave the Clerk of the Parliaments to bear the risk that we have created? Surely it would be better if we made the situation clear by amending the 2014 Act in the way the amendment suggests. The Government are already amending that Act in Clause 3(4).
As we all know, legislative time is at a premium, so adopting the amendment is a perfect opportunity for this House to do its duty to revise legislation and remove doubt. In the words of the Leader of the House when she was Leader of the Opposition,
“there is an obligation on us to do what we can to improve legislation. That is our role”.—[Official Report, 31/1/23; col. 636.]
Before my noble friend sits down, I fully understand why he is suggesting this and I have a lot of sympathy with it, but, for clarity, I would like to know about a detail in his discussions with the Clerk of the Parliaments. For the attorney to exercise an attorney’s power, they would have to make sure that the person they were representing had lost capacity. What steps have been included to assess that capacity? I served on the Mental Capacity Act committee for many years, and under the Act there is a procedure to assess someone’s capacity. Particularly in respect of very elderly people, sometimes people are deemed to have lost capacity when in fact they are suffering from things like urinary tract infections. For that power to be exercised legally, what has my noble friend agreed will be the way in which capacity is legally assessed?
As far as I understand it, the Mental Capacity Act 2005 says that an attorney established under a lasting power of attorney must think about the code of practice within that Bill when they make decisions on the other person’s behalf, so they are under a duty to abide by the code of practice that is contained within that Bill.
Forgive me, but within that code of practice is a clear code of conduct for how capacity is assessed and by whom. There should be an assumption of capacity before that process starts.
Exactly. The attorney under a lasting power of attorney has duties. If he or she was exercising that duty within the realm of the Act, they would be acting lawfully, and they would establish capacity using the advice that is contained in the code of practice. I beg to move.
(1 week, 6 days ago)
Lords ChamberI had finished my remarks but will respond to say that I would love that to be the case.
My Lords, I have been waiting for the noble Lord, Lord Burns, to contribute to this debate. He has not done so, so perhaps I might, as a member of the Burns committee, set up by the former Lord Speaker, the noble Lord, Lord Fowler.
We brought before this House a report from the Burns committee with a suggestion of how we could limit the numbers and deal with retirements, but it was based purely on Prime Ministers of the day—and there have been quite a few of them since our report was debated by this House—making sure that they played their part in not sending so many people to the Chamber. As we know, it is only my noble friend Lady May who has kept that bargain and understood why that was important for it to work. Indeed, in subsequent Burns reports that have been available to the House, it was clear that the agreement on retirement was working. We had it within our grasp some years ago, agreed by this House that that was how we would proceed. Had we stuck to that—in particular, had former Prime Ministers stuck to their side of the bargain —I do not think we would be in this position today.
My Lords, noble Lords will remember that I intervened in a debate when we had been going on for hours and went on to actually address the issue in this small Bill. It is not a big Bill and its aims are very clear, but I think we lost the opportunity of concentrating on what the Bill is about. If noble Lords remember, there were many speeches about reforming and about age, and they went on and on. I remember intervening to say that those propositions would go nowhere, because the purpose of the Bill is well defined.
It was with deep regret that I sat in your Lordships’ House and listened to so many speeches, with a lot of hereditaries sitting around, addressing the future as if they were not present. That was the sort of experience I used to have in this country when we were talking about black people. I would be in a meeting where they were talking about black people, and suggesting what would be good for them, but the black people were not being asked what they thought was good for them.
We have got be clear on what the amendment tabled by the noble Lord, Lord Parkinson, is about. First, it seeks to abolish the system of by-elections for hereditary Peers. Secondly, it seeks to prevent hereditary Peers joining the House. Thirdly, it would allow
“those who are presently serving in the House to remain”,
but no new hereditary Peers would be made. The problem with this amendment is what the Government would do. They have already tabled a Bill, which we have discussed, and we know where it is going.
In the Select Committee that the Leader of the House intends to set up, will thought be given to what might be done with those of our number who go out under this Bill who wish, if the opportunity is granted, to continue to serve, no longer as hereditaries but as life Peers? Would that question be worth taking up? If it is taken up then the noble Lord, Lord Parkinson, has raised an issue which should have been raised, again and again, in those long debates.
Finally, on the question of memory and where we are going, the problem is that any society, church, community, organisation or Parliament that forgets its memory becomes senile. We know where we are going with this Bill but, to prevent senility, it would be quite good to know from the Leader of the House—who told us that she would set up a Select Committee—whether there will be a mechanism to allow those who wish to continue to serve in this place to do so, rather than this Bill being the end of their time here.
We can all change titles. I came into this House in 2005 as a right reverend Primate. That caused me some trouble: why was I a “primate”—I thought primates were certain animals? I came here as a primate, and maybe a vicious one, and when I retired I became a Cross-Bencher. We can all change in ways that do not disrupt the reality of the House.
I have had a fantastic time here. I love everybody here who has given us their wonderful words and thoughts. It will be a very sad day when I look around and see that those who feel that this is still a place where they can do their public service—not everybody will feel that way—cannot be changed from hereditary to life Peers. If it is to happen, there must be a way in which we say that, yes, this Bill triggered a change, and then those speeches which were made about change can be revisited in the future. We need to reflect. I hope that we will not have more and more debates, but will finish this tiny Bill very quickly.
(1 week, 6 days ago)
Lords ChamberMy Lords, I rise to speak to Amendment 19, in my sole name, which proposes the replenishment of the Cross Benches following the departure of the hereditary Peers with 20 appointments over five years via HOLAC, the House of Lords Appointments Commission, which is chaired so ably by the noble Baroness, Lady Deech.
Currently, there are 32 hereditary Peers sitting on the Cross Benches of your Lordships’ House—an increase in the years since I joined, when I believe there were 28 hereditary Cross-Benchers. No group will be greater impacted by the impending removal of the hereditary presence. Unlike other groupings within the House, the Cross Benches do not speak with a single voice, despite being so ably convened by the noble Earl, Lord Kinnoull, and his illustrious predecessors, nor do we have any political or parliamentary machinery with which to lobby for replacements to ensure the relative proportion of the Cross Benches remains consistent after the passage of the Bill.
Contemporary political scientists and commentators —and, after this afternoon’s debate, I think the majority of your Lordships—consider that the expert, independent and ameliorating presence of the Cross Benches in this House is an essential element of its good legislative function. The Cross Benches provide considerable subject matter expertise not found on the more political Benches and tend to carry an apolitical casting vote that acts as a dampener to the political noise that emanates from the other place and is echoed here through the party-political Benches. We mess with that tempering role at our peril. I would ask the Minister to explain clearly in her closing speech how the Government propose to ensure that the Cross Benches of your Lordships’ House will not be diminished as a result of this legislation.
Your Lordships may recall that we debated this in Committee with Amendment 51, to which the noble Lord, Lord Anderson of Ipswich, and the noble Earl, Lord Dundee, added their names. The noble Lord, Lord Anderson, apologises that he cannot be here today, but he reiterated his support when we spoke this morning. He previously noted the importance of HOLAC and the people’s Peers process as a means of admitting distinguished and apolitical expertise to your Lordships’ House. The angels of HOLAC would not gain access by any other means. Think of the contributions of the noble Baronesses, Lady Grey-Thompson, Lady Lane- Fox, Lady Bull, Lady Watkins and the indefatigable Lady Kidron—the champion of our creative industries. Think of the tireless work of many noble Lords, including the noble Lords, Lord Krebs, Lord Pannick, Lord Patel, Lord Currie and Lord Adebowale. None would have been here but for HOLAC.
Amendment 19 would ensure that your Lordships’ House continues to benefit from this HOLAC appointments process, which is particularly important given the dramatic decrease in the number of HOLAC appointments in recent years. To reiterate the numbers referenced in Committee, there were 57 appointments during HOLAC’s first 10 years between 2000 and 2010. Since then, there have been only a further 19 appointments, with six since 2018.
As a former member of HOLAC, I wonder if I might intervene briefly. In the term in which I served on HOLAC, we would have liked to have introduced two or three Cross-Bench Peers a year, which had normally been the case. I am afraid that we were prevented from doing so by the Prime Minister of the day.
That is very helpful, because I was going to propose a possible number. As I was saying: in other words, from initially making nearly six HOLAC appointments a year, we now have only one such appointment annually.
Despite having a non-partisan, highly qualified appointments commission, we are simply not making use of it. Given that this Government are determined to honour the constitutional commitments of the Blair years with the Bill’s passage and the final abolition of the hereditary peerage, should they not also honour the Blair Government’s connected commitment to HOLAC and permit the replenishment of the Cross Benches in the way proposed by Amendment 19, which would ensure a modest appointment rate of perhaps four people’s Peers per annum?
As I have previously noted, I do not think that hereditary Peers should be converted into life Peers in any significant number. Amendment 9 should not pass. This is because our particular demographic will remain well overrepresented among the remaining Members of your Lordships’ House. I do not therefore see Amendment 19 as a route for abolished hereditaries to return to these seats, albeit that they would be welcome to apply with anybody else as common citizens. Rather, we should take advantage of the removal of the hereditary presence to increase the diversity of our membership and bring a broader array of expertise and opinion to bear upon your Lordships’ legislative efforts.
As I understood it—and as mentioned earlier—one of the main reasons for retaining a rump of hereditaries back in 1999 was that it would encourage the further reform of this House, leaving it better, not worse, as a legislative body. I am concerned that the Bill, as currently drafted, removes a group of largely independent-minded Members and increases the proportion of Members that are politically motivated. Amendment 19 would reverse that and replenish the House with a group of non-partisan and technically expert Members. It also has the benefit of diluting, if only a little, the relative increase in prime ministerial patronage that will result from the loss of hereditary Peers, which must surely be a good thing.
On that basis, I recommend it to your Lordships and look forward to hearing from the Minister why it cannot be adopted to support the continued and essential vibrancy of our Cross Benches.
(3 weeks ago)
Lords ChamberI thank my noble friend for her comments. To be absolutely clear, we are leaving no stone unturned in getting aid into Gaza. We are working with a range of NGOs—everyone possible—but we remain committed to the solution of ensuring that aid is properly distributed through the main agency, UNRWA. We have sought assurances on that and we have taken every opportunity that we have had to put it to the Israeli Government that they should open those routes to aid to ensure that it can get through. We are now in a desperate situation; as the noble Lord, Lord Purvis, said, those seeking aid through the US-Israeli agency are being shot as they approach the distribution points. That cannot be right. We must be able to get proper aid in through the appropriate agencies.
Does the Minister share my concern that the first port of call for the Iranians to be provided with something not immediately available in the world—scientific expertise in nuclear weaponry, to replace the nuclear scientists whom we know have been killed—was Moscow? Is the Minister confident that, against the backdrop of the talks that will necessarily take place, and as we cannot yet identify what has happened to the uranium and given that particular port of call, we will keep our eye on the ball over what Iran will do in future?
The noble Baroness is right, and we should be concerned that that was the Iranian Foreign Minister’s first port of call, and we should be aware of what Putin said to him. However, that means it is imperative that we support President Trump, who has made it clear that the only long-term solution to ensuring Iran does not have a nuclear weapons capability is to “do a deal”, as the President puts it. We will absolutely be supporting our ally in achieving that fundamental objective.
(1 month ago)
Lords ChamberI am not going to continue on the saga of the front door, although I agree completely with what the noble Lord has just said. Even I am considered occasionally a bit more diplomatic than the noble Lord, Lord Forsyth. He is right that there are now a number of areas for which there is joint responsibility, and one of them is security. I have been conscious of the fact that the House of Commons seems to dominate decision-making. Wherever it comes from, whether it is the Speaker, the House of Commons Commission, the Services Committee or whatever, they always get their own way and the interests of this House are not properly considered.
Neither I nor the noble Lord, Lord Forsyth, are blaming the Leader of the House, who does everything she can, as do the Clerk of the Parliaments and the Lord Speaker, but we should back them up and say that where it is sensible to have Joint Committees, we should have them. There should be more joint working on catering, for example; it seems crazy that we have two completely separate catering departments. There are whole areas like that which could be brought more closely together, but, in doing so, the interests of this House must not be forgotten. I say that having been a Member of the other place and recognising its pre-eminence regarding legislation; but in terms of this Building, the use of it and our own interests, we are just as important as the House of Commons.
Can the noble Baroness the Leader confirm that all those individuals—and I mean individuals rather than collective groups of people—who sign contracts on behalf of this House have professional indemnity insurance? Can she explain to the House what that level of cover is and what decisions were made in determining how much it should be?
To follow up on the comments of the noble Lord, Lord Forsyth, and my colleague on this lovely front door, I have good information that it is the first time that such a design has been used. Why should we be guinea pigs? We believe in precedent here for a large number of different things, but not in being a guinea pig for a kind of door that clearly does not work. Portcullis House has doors that seem to work all right—did no one test it first?
On the question of professional indemnity, is anyone going to be found to be at fault here? I imagine not, but we have to make sure it does not happen again.
Clearly, we have moved on and are in a much better position now.
When I was talking about professional indemnity, I had particularly in mind the fact that, apart from the operation of the door, which has been discussed, I have lost count of how many times the specially made glass panel has been replaced—I cannot remember whether it is three or four. Surely whoever signed the contract for that must be in a strong position to make sure that we pay for only one.
Absolutely; that would be part of what you would normally do if it was a new house—the snagging. Anything that is down to a manufacturer’s fault, such as operability, is down to those who installed the door. We are not at all responsible for any of those extra costs.
(11 months, 2 weeks ago)
Lords ChamberMy Lords, that is exactly the same point made by the noble Lord, Lord Foulkes, about having two separate categories of peerage. I come back to the point that for all noble Lords it is an honour to be appointed to your Lordships’ House, but that brings with it responsibilities. I know noble Lords from across the House are very disappointed if colleagues are appointed and we do not see them, so I will take that back. Those who are appointed to this House at present do have a responsibility. I do not mean that everybody has to be here all day every day and be a full-time Peer, but we do have expectations that Members will be committed to the work of this House and play a part in it.
My Lords, I declare an interest as a former member of HOLAC. May I ask the noble Baroness the Leader of the House whether, in discussion with the Prime Minister and others, there would be a complete discussion about the position of the Prime Minister in this role? HOLAC looks at the individual nominee from the point of view of propriety; it does not have the power to assess suitability, as that rests with the Prime Minister when sending the list forward in the first place. May I say to her that, if HOLAC suggests that, on the grounds of propriety, a person is not suitable for this House, the Prime Minister must accept that recommendation in future?
My Lords, there is a duty, an obligation and a responsibility on all party leaders who put forward nominees that they should be suitable for the work of this House. The points that the noble Baroness makes are ones that we are considering.
(3 years, 4 months ago)
Lords ChamberAs I mentioned in response to a previous question, we are giving notice that free lateral flow tests will come to an end at the end of March. But, as I also said in an earlier answer, we will retain laboratory networks and diagnostic capabilities to ensure that PCR testing can be stood up in the event of a resurgence or a dangerous new variant.
With these changes in various settings, can my noble friend update the House on what the guidance is now for in-patients in hospitals? Exactly what level of barrier nursing will there be to make sure that Covid patients—like those with any other contagious disease—are protected, in their own interests and those of other vulnerable in-patients?
As I said, in due course we will set out further details on which high-risk groups and settings will be eligible for continued free testing. As I also said, we will publish guidance specifically in relation to adult social care and other high-risk settings well in advance of when we move towards the end of free testing.
(5 years, 5 months ago)
Lords ChamberTransparency is very important to DCMS, which is leading the work on the national data strategy. Last June, it published a call for evidence. It also conducted more than 20 round tables, structured around the three themes it had identified—people, the economy and government—with around 250 organisations. That first phase focused on engaging with academics, civil society and small and medium-sized enterprises, but DCMS also intends to hold vision workshops to include the public in discussions of what the strategy should include. I do not doubt that parliamentarians will be included.
I assure my noble friend that I do not wish to reopen the identity cards debate, other than to say that, although I voted against them in another place some years ago, I have changed my mind, for this reason. Data is captured at all times, but one of the main reasons given against ID cards last time was that the individual would not have access to the data captured on their own card, whereas third parties, including government, would. Given developments in recent years in the way that many bodies, including government, capture our data—often willingly given by the individual—could we not revisit it to look at what the science has now provided to ensure that individuals are able to access all data captured on their card? That, I think, might change a few minds.
My noble friend raises some important points of principle, which I think can be addressed other than by issuing a compulsory ID card. We are working hard to ensure that data held on individuals is easily accessible by them and that, more widely, individuals can more easily navigate government websites and be assured that their personal data is not being compromised.
(5 years, 10 months ago)
Lords ChamberI do not want to be disobliging to my noble friend, whom I admire very much, but I say again what I said to the noble Lord opposite. I have been trying to make that point, and I am grateful to him for reinforcing it. It is the fundamental issue which I believe noble Lords should be allowed to wrestle with. Do we want to be the sort of House that we have just been, where we have voted by that large number—288 Peers—to close down, at the behest of a Peer, without any debate? I would like to have heard other Members from the Cross Benches responding to and commenting, from the viewpoint of their experience, on the noble Baroness’s speech. As I said at the start, I would like to have heard my noble friends Lord Naseby and Lord Cormack, who wished to speak.
I have tried to explain to the noble Lord opposite that my amendment addresses the same issue. Sometimes in life you get a second chance. This amendment offers the House a second chance to address and hear a little about why this great principle of freedom of debate should be cast aside, but on a more limited scale. I do not ask, as the noble Baroness, Lady Deech, did in her powerful speech, that the House should reject the principle of a guillotine. I put before your Lordships a proposition relating to any Bill that has been allowed only one day’s consideration in the House of Commons —we have not got this Bill yet, so it may be this Bill, but it could be any Bill—and we are discussing the principle here. This is an issue of principle about the guillotine. Surely any Bill that has been allowed only one day’s consideration in the House of Commons should receive full and unfettered consideration in your Lordship’s House.
I come back to the central point: what is this Chamber for if not to revise, consider, scrutinise and debate? I submit that there should not be curtailment of consideration on a Bill which is not an emergency Bill. There should not be a guillotine imposed in both Houses on legislation of this sort.
I am grateful to my noble friend for giving way. When I was shadow Leader in another place during the William Hague administration, the Blair Government introduced guillotining at all stages for Bills going through the House of Commons, something that the Conservative Party robustly opposed at the time. Unfortunately, the Blair Government had their way, and that is what happens now. Having come to your Lordships’ House from another place nine years ago, I am only too familiar with the fact that, at all stages of a Bill coming from another place, the guillotine will fall and at all stages large sections of those Bills never get debated. It is incumbent upon this House to look line by line at everything that has not had the benefit of Members of the House of Commons looking at it. If we give up that duty—and it is a duty—through this measure being introduced to the House today, then I say to my noble friend that what he is proposing is very serious in its consequences for any Bill. We might all be worried about what is coming in the next couple of days, whether you support it or not, but as he rightly says, this is a principle, and we shall rue this as far as the future of this House and its role is concerned.
I am very grateful to my noble friend, particularly with her great experience in the other place. I never had the privilege of serving there, but I remember that in 1975, when I was a young researcher, the late, great Michael Foot—a remarkable parliamentarian, though not necessarily always the greatest Minister—introduced five guillotine Motions on the Floor of the House of Commons in one day. That was considered such a sensational and shocking thing to do that it was on the front pages of the newspapers, and people cried “Liberty”. And here we are, in my lifetime, as my noble friend just pointed out, we now see the House of Commons treated as the lapdog when it comes to whoever is in control, whether it is the Government—
(10 years, 9 months ago)
Lords ChamberMy Lords, the decision of a Member of Parliament to support a government Motion to send those young men and women just mentioned by the noble Lord, Lord Foulkes, into harm’s way is probably the most difficult decision that any Member of Parliament will ever make. I see people in the Chamber today who, like me, have had to make that decision and have had to vote accordingly. Although I have no doubt at all that today’s vote in another place will support the government Motion, it is quite right that we not only explore the bare bones of what we are asking of our Armed Forces in the government Motion today but, as many noble Lords have mentioned, look into the future as to where that is leading us, what we hope to obtain from it and what the outcome is likely to be. So I very much support the views that have been clearly made today to the Front Bench and the Government that this is not just a discrete decision but the beginning of something that will clearly last much longer and become more complicated. It will almost certainly involve Syria, and I am sure that before too long the Government will return with another Motion that will involve Syria.
I heard the noble Lord, Lord Ramsbotham, say that he does not like the term, “boots on the ground”. I am not quite sure what term to use. But whether it is to involve the Army being deployed in a more traditional way or our special forces—and I must say to the Government that if it is to involve our special forces, I really do not want to read about it in the newspaper; it is bizarre that such stories appear—whatever is needed, the Government need to carry the confidence not only of Members of Parliament for future action but, of course, of the general public. The general public’s mood seems to be very supportive of what is being debated today. However, as a Member of Parliament I have seen that mood change. There will be casualties. One of the saddest events that I have attended was the funeral of a 19 year-old man killed in Iraq in the last war, buried with full military honours in a Devon cemetery. It concentrates the minds of Members of Parliament when they have to attend at those occasions. That is when they realise that it is their vote and their decision.
Although I agree that once the decision is made it is not for Members of Parliament to have a say in the minutiae—we do, of course, have to leave that in the Government’s hands and those of the military—I want to give some wider thoughts to my noble friends on the Front Bench. I hope that we use all efforts at diplomacy to prepare for what is to come in future, not just what is before us today. There are countries with whom our relationships are more than strained, but that diplomacy has to reach out now to find out what the parameters of co-operation are. If that has to be with a long spoon, so be it. I refer particularly to countries such as Iran and Russia. I hope that that work is under way and will continue.
As for our security here at home, I hope that the Government will be robust. There is a very clear British interest to our homeland in what we are proposing today. Therefore it requires additional activity, particularly in the area of intelligence. I thoroughly support a review of Prevent and, I hope, the intelligence support that goes with it.