Privileges and Conduct Committee

Baroness D'Souza Excerpts

Monday 17th December 2018 Lords Chamber

[Baroness Hussein-Ece (LD)]

My Lords—

[Baroness D’Souza (CB)]

My Lords—

[Lord Taylor of Holbeach (Con)]

My Lords, it is the Lib Dems’ turn to speak.

House of Lords: Lord Speaker’s Committee Report

Baroness D'Souza Excerpts

Tuesday 19th December 2017 Lords Chamber

[Baroness D'Souza (CB)]

My Lords, most of us here are delighted that so far there is significant consensus on the Burns report. It clearly has not been an easy task and I add my congratulations to the noble Lord, Lord Burns, and the committee for their elegant compromise.

Reform of the House of Lords has been an ongoing process for the last 800 years or more. Restricting our view to the last 100 years or so, the Parliament Act 1911 was a significant milestone, as was the creation of life peerages in 1958. More recently, there was the House of Lords Act 1999, followed by the Royal Commission on the Reform of the House of Lords, chaired by the noble Lord, Lord Wakeham. Nor should we dismiss the many other changes since, notably the House of Lords Reform Act 2014 that enabled retirement and, under certain conditions, expulsion. As we know, that was preceded by a succession of Private Member’s Bills, including those from the noble Lord, Lord Steel, and my noble friend Lady Hayman. We have learnt that incremental change is more likely to succeed than attempts to introduce change by means of primary legislation. The coalition’s 2012 Bill for a largely elected House fell due to technicalities, but had there been the political will in the other place, those could surely have been overcome.

How does such consensus come about? Reviewing the last 10 years, and more, there has been a slow but inexorable build-up towards a critical mass of opinion. Of course, some of that has been driven by critical media, but efforts in this House—especially by the Campaign for an Effective Second Chamber and the many public statements, articles and views expressed by Members—have all contributed greatly to the majority consensus expressed in the debate almost exactly a year ago.

There is still some way to go. We trust that the scheme proposed by the committee will be agreed— and indeed maintained—by the current Government and future ones. By accepting the Burns report’s recommendations, it is hoped to establish a new convention that will become as embedded and respected as the other conventions that guide this House. Perhaps the widespread consensus will encourage some of us to do the decent thing and step down with dignity, after cumulative long years of public service. That may speed up the rate at which we reach the magic number of 600. As we all acknowledge, the House needs refreshing from time to time; an intake of Peers with differing sets of experience and expertise is always welcome. However, unless some of us are prepared to stand down as we approach our 80s, I fear that we will remain an oversubscribed House for some time to come.

Reform is by no means complete. As the House becomes more manageable and professional, it is to be hoped that other reforms—on the hereditary principle, the retirement age and limiting the appointment of new Peers to those who fulfil a clear gap in relevant expertise—will come about. That is what makes this House so valuable.

House of Lords: Size

Baroness D'Souza Excerpts

Monday 5th December 2016 Lords Chamber

[Baroness D'Souza (CB)]

My Lords, a common comment on the deliberations in this House is that, while everything has been said, not everyone has yet said it. This time, almost everyone is going to say it because we want the message to be heard loud and clear, both within and without the Chamber. It is after all worth advertising the fact that there is now a high degree of consensus, if not on fundamental reform at least on transition, which is a rare thing.

I want to underline the four issues we have all talked about: that the Lords should be no more numerous than the House of Commons, which means, in the context of electoral reform, less than 600; that the independent or Cross-Bench Peers should remain at all times at 20% of the total number of Peers; that the political balance in the House should broadly reflect the average number of votes cast in, say, the last three general elections and that no political grouping has an overall political majority; and, finally, that there be a statutory body in due course to vet both the propriety and potential contribution of nominees.

Given that today’s debate is not, and cannot be, about mechanisms, we request that a Select Committee be set up within the next couple of months to review mechanisms and put forward realistic recommendations to the Government. We ask also that the resulting recommendations be implemented by the time of the next general election.

History shows that the Lords fares best when small, incremental changes are introduced and allowed time to bed down. We have, for example, introduced voluntary retirement, the possibility of expulsion for serious misbehaviour and a host of other procedural changes in the past few years. The reforms most urgently needed now fall well within the category of moderate adjustments.

Quite simply, the House of Lords is unnecessarily inflated. Much work has been done on what might constitute an appropriate size—for example, the thoughtful report by Labour Peers, which suggested that 450 Members would be adequate to fulfil all the functions of the Lords. Other proposals have put the number as low as 300. In this context, the principle that the Chamber’s current size should be reduced by the next general election to no larger than the House of Commons—that is, 600 Peers—is a modest proposal.

It has of course not escaped any of our notice that we are addressing the patronage power of the Prime Minister of the day and also the authority of the royal prerogative. It is the royal prerogative that allows Prime Ministers to appoint Peers. Royal prerogatives may be ancient powers, but that does not mean that they should be treated as sacrosanct. The issue should not be insurmountable. The royal prerogative has, after all, been overridden in the past several times. The constitutional principles that govern our democracy insist that Ministers are constitutionally responsible to Parliament for the discharge of all their functions and the exercise of all their powers. Over time, legislation has limited the extent of the prerogative power, including, in some case, abolishing it: for example, the Civil Contingencies Act 2004 covers a range of situations where previously the royal prerogative might have been used; there is the Fixed-term Parliaments Act; and, although not codified, the power is now constrained by convention in matters concerning the deployment of the Armed Forces. Hence, should Parliament wish to curtail the Prime Minister of the day in his or her exercise of patronage, it could do so.

This House acting together has considerable influence. In the long history of House of Lords reform, our downfall has been, in large part, the disagreements based on party politics and the ever divisive issue of an elected versus appointed House. This debate is not about that. It is about relatively modest, sensible and consensual change to allow this House to be effective and, with luck, to regain a measure of public respect through choosing to reform itself. Both Peers and the Prime Minister should now make a commitment to preserving the integrity and effectiveness of Parliament as a matter of public interest and public duty.

Election of Lord Speaker

Baroness D'Souza Excerpts

Monday 13th June 2016 Lords Chamber

[Lord Fowler (Con)]

My Lords, as the Leader of the House has just said, the election may be run but I do not take over responsibility until 1 September. In the meantime, the Lord Speaker continues to preside in the excellent way we have all admired for the last five years. I would like to make three very brief points. First, I thank the House very sincerely for the exceptional support it has given me. I will do my utmost to live up to this trust.

Secondly, I thank the other two candidates: the noble Baroness, Lady Garden of Frognal, and my noble friend Lord Cormack for the way in which the election was conducted. With the election over, the good news is that the bar on offering hospitality comes to an end and we can buy colleagues drinks. The bad news is that I seem to have inadvertently mislaid my wallet today.

My third, and entirely serious, point is this: my whole purpose from now onwards is to serve all the Members in every part of this House in times which may be crucial for the very future of the House of Lords. My aim quite simply is to be the loyal servant of this House. I thank noble Lords for their support.

[The Lord Speaker (Baroness D'Souza)]

My Lords, I, too, add my warmest congratulations to the noble Lord, Lord Fowler. While I am somewhat sad to step down, I do so in the sure knowledge that he will be a most distinguished Lord Speaker and will bring new ideas and freshness to the job. I know, too, that he will be wonderfully supported by all the Members of this House, the administration and the staff of the House. I particularly thank the clerks and the doorkeepers, who are the most excellent—perhaps the world’s best—timekeepers. I offer the noble Lord my congratulations once again and hope that he has a very good innings.

Queen’s Speech

Baroness D'Souza Excerpts

Wednesday 18th May 2016 Lords Chamber

[The Lord Speaker (Baroness D’Souza)]

My Lords, I have to acquaint the House that Her Majesty was pleased this morning to make a most gracious Speech from the Throne to both Houses of Parliament assembled in the House of Lords. Copies of the gracious Speech are available in the Printed Paper Office.

I have, for the convenience of the House, arranged for the terms of the gracious Speech to be published in the Official Report.

Motion for an Humble Address

Moved by

Her Majesty the Queen: 90th Birthday

Baroness D'Souza Excerpts

Thursday 21st April 2016 Lords Chamber

[The Archbishop of York]

My Lords, on behalf of the Archbishop of Canterbury and all the Lords Spiritual, I wish to endorse most heartily the proposed message of congratulations to Her Majesty, by divine providence Queen, head of the Commonwealth and defender of the faith.

At her coronation, Archbishop Fisher placed on the Queen’s wrists two newly-made gold bracelets, presented by a number of the overseas realms and territories as a symbol of the Commonwealth. As he did so, he said these words:

“Receive the Bracelets of sincerity and wisdom, both for tokens of the Lord’s protection embracing you on every side; and also for symbols and pledges of that bond which unites you with your Peoples”.

Today we give thanks for the Lord’s protection that has embraced Her Majesty on every side these many years. We also want to pay tribute to the sincerity, wisdom and devotion which she has consistently manifested throughout her long and glorious reign. They have served greatly to strengthen that bond between the Sovereign and all her peoples.

Since 1952, there have been seven Archbishops of Canterbury and seven Archbishops of York. What Her Majesty has made of that richly diverse and eclectic collection of Primates will no doubt never be revealed. All that I can say, from those of the Archbishops whom I have known, is that each has like me valued the support, interest, faithfulness and prayers of our Supreme Governor more than it is possible to describe. There are very few other people to whom an Archbishop can open his heart, knowing that his confidences will go no further and certain that at the end of the conversation he will go away affirmed and encouraged.

And so let this be a day for thanksgiving and much rejoicing on Her Majesty’s birthday. Long live the Queen!

[The Lord Speaker (Baroness D'Souza)]

My Lords, perhaps I may briefly add my warmest congratulations to Her Majesty the Queen on the occasion of her 90th birthday. The tributes that we have heard today from all sides of the Chamber show the gratitude that this House, and indeed the nation, owe her for her extraordinary service throughout her reign. It is therefore my honour to put the Question today that the Motion be agreed to.

Motion agreed nemine dissentiente; and it was ordered that the Address be presented to Her Majesty by the Lord Chamberlain.

Queen’s Speech

Baroness D'Souza Excerpts

Wednesday 27th May 2015 Lords Chamber

[The Lord Speaker (Baroness D’Souza)]

My Lords, I have to acquaint the House that Her Majesty was pleased this morning to make a most gracious Speech from the Throne to both Houses of Parliament assembled in the House of Lords. Copies of the gracious Speech are available in the Printed Paper Office. I have, for the convenience of the House, arranged for the terms of the gracious Speech to be published in the Official Report.

Motion for an Humble Address

Moved by Baroness Bottomley of Nettlestone

That an humble Address be presented to Her Majesty as follows:

“Most Gracious Sovereign—We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech which Your Majesty has addressed to both Houses of Parliament”.

Queen’s Speech

Baroness D'Souza Excerpts

Wednesday 4th June 2014 Lords Chamber

[The Lord Speaker (Baroness D'Souza)]

My Lords, I have to acquaint the House that Her Majesty was pleased this morning to make a most gracious Speech from the Throne to both Houses of Parliament assembled in the House of Lords. Copies of the gracious Speech are available in the Printed Paper Office. I have, for the convenience of the House, arranged for the terms of the gracious Speech to be published in the Official Report.

Motion for an Humble Address

Moved by Lord Fowler

That an humble Address be presented to Her Majesty as follows:

“Most Gracious Sovereign—We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech which Your Majesty has addressed to both Houses of Parliament”.

Reading Clerk

Baroness D'Souza Excerpts

Monday 3rd March 2014 Lords Chamber

Moved by

[The Lord Speaker]

That this House do approve the appointment by the Lord Speaker, pursuant to the Clerk of the Parliaments Act 1824, of Mr Simon Peter Burton to be Reading Clerk on the retirement of Mr Rhodri Havard Walters.

[The Lord Speaker (Baroness D'Souza)]

My Lords, as I informed the House on 11 February, I have appointed Mr Simon Peter Burton to be Reading Clerk in place of Mr Rhodri Havard Walters. I therefore beg to move the Motion standing in my name on the Order Paper. The Question is that this Motion be agreed to.

[The Chancellor of the Duchy of Lancaster (Lord Hill of Oareford) (Con)]

My Lords, we often talk in this House of the debt we owe to the staff. Today we have the opportunity to pay tribute to one who served us with great distinction for more than 38 years, Rhodri Walters—or perhaps I should say, using that well known phrase from our Letters Patent, our trusty and well beloved Dr Rhodri Havard Walters. Over those 38 years Rhodri served the House in many senior roles, including as private secretary to the Viscount Whitelaw; as Establishment Officer—now less elegantly known as Director of Human Resources; and as Clerk of Committees. He has also overseen the recruitment and development of many of the younger clerks in this House, a task which I know he much enjoyed. But he is perhaps best known to most of us as the Reading Clerk who so beautifully read out our punctuation-free Letters Patent as we were each introduced to the House. It was in this guise that he was described by a parliamentary sketch writer as the,

“master of ceremonies … A figure almost from Dickens. With his wig and spectacles and parchment voice, he was the learned town mouse, nose twitching as he waited”.

Dickensian, perhaps, but how reassuring to us as we stood there nervously.

Beyond the House, Rhodri has many interests, including rowing, skiing—indeed, he is on the slopes of St Anton as we speak—singing, gardening and his native Wales, where he has a house at which he will now be able to spend more time. I know the whole House will want to join me in thanking him for his long and loyal service and in wishing him a very happy retirement.

European Union (Referendum) Bill

Baroness D'Souza Excerpts

Friday 31st January 2014 Lords Chamber

[Lord Foulkes of Cumnock]

The record shows that my critics are completely wrong, as my noble friends rightly agree. All the records show that none of my speeches is more than 10 minutes, and neither is this one. I beg to move.

[The Lord Speaker (Baroness D'Souza)]

I remind your Lordships that if Amendment 50 is agreed, I cannot call Amendment 50A by reason of pre-emption.

[Lord Anderson of Swansea (Lab)]

My Lords, as so often, I follow my noble friend Lord Foulkes. Our names appear on a number of the amendments. In the other place, we used to work together as part of a team, and I believe that we are part of a team now, and wholly in agreement. He talked about his visit to Washington and the trade deal. If the Scotch Whisky Association, for example, were to have a problem with Japan in respect of Japanese whisky, is it better that the UK Government make representations to Japan or that we rely on the full weight of the European Union? That is why business is so concerned about the unilateralism of this Government and, indeed, of this very strange Bill.

My noble friend has said that he is very tired after coming back overnight from Washington. Given the clarity and lucidity of his speech, I hope he can do that more often, as it clearly had a marked effect on him. I came back after only a week in Strasbourg fairly tired. This is clearly a very important debate. He mentioned the importance of turnout. We had a problem in Wales in the 1997 referendum, where there was a turnout of 50%—25% for and 25% against—although, as it happens, the devolved institutions are now wholly accepted.

The aim of these amendments is to prevent a constitutional outrage. Any sixth-former who studies politics knows it is a clear principle of the constitution that no Government can bind their successor. So why try? What is the purpose? I had a television debate with a leading member of the Conservative Party, and when it was put to him, “What, really, is the purpose of this Bill?”, his reply was very honest: he said, “It’s a signal”. If something is a signal, one of course has to ask the simple question of who it is a signal to. The signal was intended, presumably, either for potential UKIP supporters or Conservative Party Back-Benchers in the other place. If it is a signal, it is clearly a signal which has not been heard or heeded.

I referred last Friday, which seems an age ago, to an excellent article in the Financial Times which argued that Mr Cameron’s gamble had failed. He can try perhaps to buy off a portion of the electorate, be it a portion of his own party, with this gesture, but it will not work, because they will ask for more. Rather like the penguins in the penguin house they will swallow it down and demand more—the trouble is that this Government may be inclined to give it to them.

The Mirror this morning contains a piece apparently saying that the Prime Minister is in office but not in power—I think that I have heard that somewhere before. It means that the Prime Minister’s is less and less in authority. Clearly, he needs allies in the European Union. He has insulted Monsieur Hollande, who is here today, by saying that the French economy is substantially worse than our own. That is probably true, but it is not a way of influencing people and making friends.

I would remind the Prime Minister that the Czech coalition negotiations have just been announced. Previously, there was a highly Eurosceptic Government there under President Klaus; now, with the change having taken place, a potential ally has been lost in the Czech Republic. The Czech position on Europe has fundamentally changed in that the party there which is allied with my own party is Europhile; the Christian Democrats are Europhile; and the party of former President Klaus has been consigned to the sidelines— so, again, the Prime Minister has lost an ally. He lost an ally in Bulgaria and Romania with what is being said in respect of immigration. He has lost an ally in Poland. So where is he going to find that coalition which is necessary in any European politics, as the noble Lords, Lord Kerr and Lord Hannay, would say? Where would he find those allies?

The other problem which exercises me—I shall say it at this stage rather than later—is that the noble Baroness, Lady Warsi, agreed last Friday that she was speaking from the Front Bench but on behalf of the Conservative Party. That was an honest assessment of where she stands; she clearly does not speak on behalf of the coalition. She also sought to preserve the fiction that this is a Private Member’s Bill. If this be an initiative of the Conservative Party, on whose behalf she speaks, and if it be the case that this is purely a Private Member’s Bill, I ask with all delicacy what the officials are doing in the official Box. Who are they briefing? Are they briefing the Conservative Party—that surely would be wholly improper? Once upon a time, I was a member of the Diplomatic Service and I sat in the officials’ box; I would like to think that I wrote one of Mr Heath’s best speeches, but that is another story. I was then, as an official, briefing the Government. Who are the officials briefing on this occasion? This is a matter of considerable constitutional importance and is potentially quite improper.

If we proceed with the prospect of a referendum by 2017, and even if one has to trigger that as a result of Motions in both Houses on the basis that no Parliament can bind its successor, what is absolutely clear, as night follows day, is that there will be substantial uncertainty. Dare I say that business does not like uncertainty? Inward investors do not like uncertainty. There will therefore be considerable problems. We have enough inward investment at the moment; we are a relatively proud recipient of inward investment because of our stability; but what will be the consequences if we say that we do not know, perhaps for the next four years, what will happen in this country? The CBI has pointed it out very clearly: what indeed is going to happen?

I return to the purpose of the amendments. It is clear that no Parliament can bind its successor—it is an outrage to pretend otherwise—and that the whole purpose of this Bill is to give some signal to Conservative Back-Benchers. They have rejected it and we should reject it.