King’s Speech
Baroness Bryan of Partick Excerpts(4 months ago)
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Baroness Bryan of Partick (Lab)
It is an enormous pleasure to follow the contribution of the noble Lord, Lord Warner, who, in the short time I have been here—only six years—has always made thoughtful contributions to our discussions. He could give Mick Jagger a run for his money. I am pleased he chose this debate for his valedictory speech because I have heard him referring a few times to the situation with the devolved Administrations and their rights—he always comes down on their side. I wish him the very best for his future.
I congratulate the noble and learned Lord, Lord Hermer, and the noble Lord, Lord Booth, on their maiden speeches; that of the noble and learned Lord, in particular, was a breath of fresh air after the last few years in this Chamber. I welcome him, and the noble Lord, Lord Khan of Burnley, to their new posts.
Imagine the critical comments we would rightly make of a wealthy and influential country that had an unelected second legislative Chamber with some Members there on a hereditary basis. Imagine it had reserved places for members of the established religion, that it did not have fair representation of the nations and regions, that less than 30% of its Members were women and that its membership favoured ex-MPs and members of selected well-paid professions. We would probably question the country’s democratic credentials.
Our constitutional problems do not begin and end with the second Chamber; there is a huge imbalance of power between the Executive and Parliament. It was interesting to hear that noted from the Opposition Benches. The new Government have 63% of the Members of the Commons, based on only 33.7% of the popular vote.
Finally, we have no codified constitution, which means there is no protection of fundamental rights that would be usual in other democracies. As we saw in the last Parliament, this is not a hypothetical issue but a real danger. However, instead of seeing the obvious anomalies, we tell ourselves that ours is a special democracy that the rest of the world can learn from.
One of the classic functions of a second Chamber is to protect the constitution and fundamental rights, and this Chamber has fought long and hard to do that. But, without the democratic credentials to be able to justify its role, it will always be overruled. Second Chambers are common in federal states, but our quasi-federal system does not have the usual protections, powers and cross-territorial arrangements that others have. While I welcome the proposed council of the nations and regions, it will currently involve only around 16 people.
While I sincerely welcome the removal of the last of the hereditary Peers, it is disappointing that the Labour Party did not manage to conduct a consultation on the more substantial changes proposed at the 2022 launch of the Commission on the UK’s Future. Because of the lack of democratic credibility of the Lords, we have no legitimate parliamentary means of holding the Government to account when, as has happened, their legislation threatens fundamental rights. Also, there have been numerous examples over the past few years of legislation being imposed on devolved Administrations despite the refusal of legislative consent. The Sewel convention expected that this would happen only in exceptional circumstances, but it has become totally common.
Faced with all this, it is obvious that we need more effective checks on the unrestrained powers of government by having a democratically accountable second Chamber, which I would argue should be a senate of the nations and regions.
Teesworks Joint Venture
Baroness Bryan of Partick Excerpts(9 months, 4 weeks ago)
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Baroness Penn (Con)
My Lords, the decision to set up the North Yorkshire and York Mayoral Combined Authority was taken in combination with the elected representatives and local councils in that area, which all agreed to it. Part of those discussions was around funding, and it is right that we take forward what was agreed as part of that package. Of course, a vast range of different funds are available to combined authorities and local authorities to benefit from, including our levelling-up funding, and those opportunities will continue in future.
Baroness Bryan of Partick (Lab)
Does the Minister accept that the Oral Statement is all but a total whitewash? None of the issues raised in questions to the Minister was covered in it. Can she specifically explain what the issues were that resulted in the Secretary of State requesting the panel to make recommendations on strengthening governance and increasing transparency? From that, we must assume that very real concerns were held by the Secretary of State that were not covered in the Oral Statement.
Baroness Penn (Con)
My Lords, my understanding of the genesis of the report is that it was requested by the Tees Valley Mayor himself to allow a response to the very serious allegations made by a Member of Parliament in the House of Commons about corruption and illegality. Those allegations have been found to be untrue.
The Union (Constitution Committee Report)
Baroness Bryan of Partick Excerpts(1 year, 10 months ago)
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Baroness Bryan of Partick (Lab)
My Lords, the maiden speech of the noble Lord, Lord Verdirame, has demonstrated that he is going to give much support to the discussions in this House. We cannot begin to do justice, in the time that we have been given, to this excellent report so, rather than applaud the many parts that I agree with, I am forced to question the parts that give me concern: first, the notion of sovereignty; and, secondly, the proposed role for the House of Lords.
The establishment of a Scottish Parliament in 1998 was a constitutional response to a political problem. There was such hostility in Scotland to the UK Governments of 1979 to 1997 that it was felt essential to respond to the Claim of Right of 1989, which asserted
“the sovereign right of the Scottish people to determine the form of Government best suited to their needs”.
The sovereignty of the Scottish people was acknowledged through the 1997 referendum and the subsequent establishment of the Scottish Parliament. When looking back at the debates in the Westminster Parliament, it is clear that there was a lack of clarity over the nature of sovereignty. Such a significant change in the constitution should have been recognised as a move towards a federal UK and shared sovereignty, with all the implications for England and the make-up of a second Chamber. Instead, we have found ourselves in a halfway house, with a quasi-federal set-up, without the systems in place to operate it.
While the UK was in the EU, the problem was disguised, as the same EU regulations applied across the devolved areas and England. The report recognises that the Sewel convention has been placed under strain by Brexit. The Scottish Government, not unreasonably, argue that the “unlimited sovereignty” of the UK Parliament
“makes it virtually impossible to guarantee the Sewel Convention”.
The report struggles to find a means of ensuring that the voices of the devolved Administrations are heard when Westminster legislation impacts on their devolved powers. It identifies
“a gap in the legislative process”.
I mean no disrespect to Members of this House, but the House of Lords in its present form is not the appropriate body for dealing with devolved issues. It is unelected, it is overrepresented by London-based Members, and it is not held in high esteem. Support for the current composition of this Chamber is just 12%, according to a Survation poll in 2020. There was a remarkable degree of agreement between those who vote for different parties in that poll.
Instead, it would make sense to recognise the federal nature of the UK and create a second Chamber that had the legitimacy to defend the rights of the devolved Administrations. A Chamber to deal with cross-territorial issues that were previously covered by EU regulations would resolve the “power grab” that has clearly happened.
The unresolved question is how England would be represented. The report makes the case for greater devolution in England and accepts that England should not be confused with London. This supports the argument that regions should have a direct voice in a second Chamber.
We should be aware of British exceptionalism which believes that we are better with an unwritten constitution, that we benefit from having an unelected second Chamber and that we can have quasi-federal systems without sharing sovereignty. I think we are mistaken.
Devolved Administrations: Intergovernmental Relations
Baroness Bryan of Partick Excerpts(2 years ago)
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Baroness Bryan of Partick
To ask His Majesty’s Government what meetings have been held in 2022 with the devolved administrations as part of the intergovernmental relations arrangements.
The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, the Prime Minister spoke with the First Ministers of Scotland and Wales on his first day in office, underlining the Government’s commitment to working closely with the devolved Governments on the shared challenges facing people across the UK. From January to September this year, there have been over 200 ministerial meetings between the United Kingdom Government and the devolved Governments on a wide range of issues.
Baroness Bryan of Partick (Lab)
I thank the Minister for that reply. Unfortunately, there is a sense of quantity overriding quality in some of these meetings. I have searched high and low to find as many minutes and communiqués as I could, but I get the impression that many of these meetings are simply going through the motions. Academics have put this down to the Government having a unitary mindset, even after 20 years of devolution, and not actually accepting that there has been a fundamental change in the constitution. Does the Minister understand why people in Scotland and Wales feel that their Parliaments and political representatives are not given the level of respect that they should be afforded?
Baroness Scott of Bybrook (Con)
I do not agree with that. The UK Government and the devolved Governments are working under jointly agreed operating arrangements; therefore, the quality and frequency of engagements are a joint endeavour between Governments. The UK Government deeply value transparency, accountability and effective scrutiny by the UK Parliament and the broader public of the Government’s participation in intergovernmental structures. We will continue to update the House on our published transparency reports. The last one came out on 21 July, and there is one due out shortly, in the third quarter of 2022.
Building a Co-operative Union (Common Frameworks Scrutiny Committee Report)
Baroness Bryan of Partick Excerpts(3 years, 1 month ago)
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Baroness Bryan of Partick (Lab)
My Lords, it is quite intimidating to follow on from such a range of knowledgeable speakers. I join other noble Lords in thanking the committee members and the team they worked with for such an incisive report.
Although it is an excellent and well-constructed report that demonstrates the breadth of evidence provided to the committee, it does not paint a very satisfactory picture of where we have got to in the five years since the referendum on the EU. I am therefore pleased to hear about the extension to the committee’s work. I echo the concern of the noble Baroness, Lady Andrews, about the failure to replace Chloe Smith. This might not have been a major issue in England but it made front-page news in the Herald on Monday morning—obviously another football to be kicked around.
Having considered the document, one thing is clear: even if the common frameworks are successful, they can be only a short-term arrangement for joint working between the four nations—there I have to disagree with the noble and learned Lord, Lord Thomas. There is an obvious need for a more transparent and accountable arrangement for dealing with devolved powers that have cross-territorial implications.
The report reminds us that the UK was in the European Union when devolution occurred and that had that not been the case, far more consideration would have been given both to the powers of each of the devolved Administrations and to how England would be represented in such an arrangement.
Not having a codified constitution may have some advantages. It allows changes to be introduced quickly when Governments have to respond to significant political pressure, but, on the other hand, quick fixes are not always the best. In the UK it has resulted in a piecemeal approach to devolving powers, leaving a patchwork of different arrangements in different parts of the UK. Now is the time to rethink those unnecessarily complicated arrangements as part of the adjustment to Brexit. This ought to have been an opportunity to involve the devolved Governments in planning how they would share governance over the repatriated powers. The most obvious solution to me is some form of federal arrangement.
The last-minute rush to get the deal through Parliament and to negotiate the EU-UK Trade and Cooperation Agreement obviously failed to take serious account of the implications for Northern Ireland, but it also left questions about Scotland and Wales. It is therefore not at all surprising that the original analysis that identified 154 potential areas for common frameworks could not be implemented. Even the much smaller number that are being taken forward are obviously presenting significant challenges.
The UK is already highly centralised, and even after 20 years, the Government still do not seem to understand the purpose of devolution. The report gives the example of this in the UK Government’s decision not to involve the devolved Administrations in the development of the United Kingdom Internal Market Act. As the Government of the whole of the UK, this demonstrates a lack of respect and a failure to look beyond what is good for England—which, not surprisingly, further increases the lack of trust.
The common frameworks approach does not tackle a fundamental concern identified by the noble Baroness, Lady Randerson, that the Government are both a participant on behalf of England and the final arbiter in any dispute. Does the Minister understand and accept the concerns about the lack of transparency and trust that add to the sense that the Government have little interest or respect for democratic structures outside the Westminster bubble?
If the UK is to stay together, it must involve a change in relationships. However, there is little evidence that the Government understand this. Probably the only way to hold Scotland within the United Kingdom will be to establish a second Chamber where the voices of the nations and regions can be given parity of esteem and find out what they have in common rather than what divides them. Co-operation rather than competition is the key.
Devolution: England
Baroness Bryan of Partick Excerpts(4 years, 4 months ago)
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Lord Greenhalgh
My Lords, the Government are aware that participation at the local level is important. We continue to support groups such as citizens advice groups and West London Citizens—with which I work—that provide that direct democracy.
Baroness Bryan of Partick (Lab) [V]
Michael Gove said yesterday that devolution gives us the best of both worlds: local decision-making and strength and security with our fellow citizens. Over the past 20 years, Scotland and Wales have had accountability with their First Ministers via elected Members. Does the Minister agree that the regions of England are entitled to the same rights?
Lord Greenhalgh
The devolution in England that we are seeking is through the local leadership afforded by local mayors rather than the regional devolution models of Scotland and Wales. That is the basis on which we will outline further measures in the White Paper this autumn.
Covid-19: Local Democracy
Baroness Bryan of Partick Excerpts(4 years, 5 months ago)
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Lord Greenhalgh
Meetings can be held remotely, including via telephone conferencing, videoconferencing, live web chat and live streaming. The noble Baroness is right in that there has been a difference in response. As a former council leader, I know that my own local authority has decided to cancel its AGM meeting in May, whereas other London councils continue to elect mayors and carry out their annual general meetings. The noble Baroness should note that these are devolved administrations, and guidance is available through the LGA, whose website contains best practice guidance. However, we will continue to note where councils are not continuing to function as they should according to the regulations.
Baroness Bryan of Partick (Lab)
There is widespread concern that tackling Covid-19 has been too centralised. The mayors and leaders of Greater Manchester, Liverpool, Gateshead, Newcastle and Sunderland have all called for more decisions to be made locally. People are more likely to support plans for recovery when they can see that their local needs have been taken into account. Can the Minister outline the role of local councils in the decisions that are made on recovery and regeneration of the UK economy?
Lord Greenhalgh
The postponement of elections has enabled councils to focus on their role in response to the pandemic and to lead in the recovery phase. It should be noted that under the Civil Contingencies Act there are 38 local resilience fora, in which councils play their full part in leading in the recovery phase and in the response to the pandemic.