Procedure and Privileges

Baroness Evans of Bowes Park Excerpts

Tuesday 13th July 2021 Lords Chamber

Moved by

[Baroness Evans of Bowes Park]

That the Report from the Select Committee Procedural adaptations arising from the hybrid House; Interim option of voting using PeerHub; Ongoing virtual participation by disabled members (1st Report, HL Paper 41) be agreed to.

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, I speak to the Motions standing in my name and in the name of the Senior Deputy Speaker. As the Lord Speaker said, this Motion is being debated alongside a Business of the House Motion and a Motion on allowances, both of which are in my name, which is why I am opening this debate.

Before I go any further, I once again put on record my thanks to the staff of the House for all of the work they have done to support us over the past 16 months. I also thank the Chief Whip, the Front Bench and all the fantastic people who work in our offices, specifically some unsung heroes—many of your Lordships will have relied on them for support during our hybrid proceedings but you may not fully appreciate the role they have played. Jane Burfoot, Leann Twinley, Matt Taylor, Hannah-Louise Gadsby, Charlotte Johnson and James Anoom have all patiently assisted noble Lords from across the House with the myriad speakers’ and participants’ lists and so much more. On behalf of us all, thank you.

The virtual then hybrid systems we have been using for the last 16 months have served their purpose: they allowed the House to continue to meet through three national lockdowns and to carry on scrutinising legislation and holding the Government to account. Despite the unprecedented and challenging circumstances, in the last Session 55 Bills were passed and, when added together, 341 Statements, UQ repeats and PNQs were debated.

Although I agree with the Constitution Committee, which concluded that our hybrid scrutiny has been “less effective”, no one can say we did not do our job as best we could in the most difficult of circumstances. Throughout the pandemic we have worked hard to ensure that our practices and procedures have remained compatible with the public health situation, and that will not change.

All the proposals before noble Lords today have been informed by the debate that took place on Thursday 20 May, by representations from across the House and by an informal consultation exercise carried out last week via PeerHub. They give effect to a series of measures agreed and proposed by the commission and the Procedure and Privileges Committee in respect of the working practices of the House from 6 September onwards, after the remaining public health restrictions have been lifted and ensuring time for the House authorities to implement them.

Subject to the agreement of the House today, the hybrid system and remote voting will come to an end at this point, after the Summer Recess. There will be no more speakers’ lists for the amending stages of Bills; Grand Committee will return to the Moses Room; and interventions, which noble Lords across the House have said they have missed most, will once again be possible. Statements, Urgent Questions and Private Notice Questions will go back to being taken at the earliest convenience and without speakers’ lists.

We all know the limitations of the hybrid system, and I am pleased that the package before the House will return the vast majority of our working practices to what they were before the pandemic. However, we have learned from the experience of the last year and are therefore recommending that the House keeps some of the changes that we believe have made our processes more effective and efficient.

If these Motions were agreed to, Private Notice Questions, which were extended at the beginning of the pandemic, would continue to last for up to 15 minutes, rather than go back to 10. Speakers’ lists, for the business that will still need them, would continue to close two working days before a debate or Question takes place, rather than the night before. The legislation tabling deadline would stay at 4 pm and the Table Office tabling deadline at 5 pm—both one hour earlier than their pre-pandemic cut-offs. A ballot would continue to be held for Questions for Short Debate to be taken in Grand Committee once every five weeks. This would be in addition to the return of balloted general debates, balloted topical QSDs and dinner break business. The Companion would be updated to discourage the late degrouping of amendments before the amending stages of Bills. The requirement to convene a Reasons Committee would cease; a standard Reason would be given instead when the Lords disagree with a Commons proposition without proposing an alternative.

There would also be changes to the arrangements for Oral Questions. The extension of Question Time to 40 minutes and Secretary of State’s Questions to 30 minutes would be retained, so each Question would have up to 10 minutes rather than revert to the pre-pandemic seven and a half. Oral Questions would continue to be allocated by ballot, removing the need for noble Lords to queue up for hours on end outside the Table Office in the hope of securing one. The wording of Oral Questions would not be able to be changed with less than 48 hours’ notice, and a speakers’ list for Oral Questions would continue to be used. Because we were all aware that opinion across the House was—and remains—divided on this issue, the Procedure Committee decided to ask the opinion of your Lordships. It was subject to a vote via PeerHub in which the whole House was invited to take part. Of the 551 Members who responded, 59% voted in favour of keeping speakers’ lists for Oral Questions, hence the proposal before your Lordships today.

I can see from the Order Paper that this decision is not universally popular but, as with all measures, the Procedure and Privileges Committee will keep it under review from September. Of course, if the House agrees to these Motions, Members will be able to contrast having lists for Oral Questions with having Statements, UQs and PNQs without them once we return.

One of the great achievements of the past 16 months was the work done to rapidly adapt the House of Commons system, MemberHub, for use in this House as PeerHub. It proved a secure and mostly reliable way for noble Lords to vote remotely. We would not have been able to continue scrutinising legislation without it and, once again, I put on record my thanks to the digital team that worked so hard to both build PeerHub and support our use of it. However, the commission has decided—again, subject to your Lordships’ agreement —that remote voting should cease from September and that the relationship between attendance at Parliament and casting a vote in a Division should be restored. Voting is at the core of what being a legislator is, and we believe that it should be done in the House. In the longer term, voting will take place using pass readers, and we will bring proposals on this to the House in the autumn. However, while that system is being developed, PeerHub will continue to be used as an interim measure. From September, noble Lords will be asked before they vote whether they are in a place of work on the estate and will not be able to vote if they answer “no”.

Finally, it has been proposed that a small number of Members who may be unable physically to attend the House on the grounds of long-term disability should continue to be able to take part in our business remotely. Eligible Members would be free to choose their mode of participation and take part either physically or remotely. The commission has decided that requests to become an eligible Member should be considered by an additional support group chaired by the Senior Deputy Speaker. If the package before the House is agreed, further details on how a request can be made will be circulated.

Eligible Members who choose to participate remotely will not have the parity with physical speakers that we have seen throughout the hybrid House. Nor will remote participation be immediately available in the Moses Room for technical reasons; a solution is being worked on, but it will take some time. But, by giving sufficient notice, eligible Members will be able to take part remotely in all business in the Chamber. Eligible Members would also be exempt from having to declare that they are present on the estate when voting. Of course, making the Chamber and House as accessible as possible remains a key priority and we will look to make improvements where we can to ensure that Members can participate physically in the House if and when they wish to do so.

I stress again that the Procedure and Privileges Committee and the commission will keep all these adaptations under review and consider them further if necessary. But I hope that, for the most part, your Lordships will be satisfied with the progress we are hoping to make to get our House back to how it should be. I look forward to hearing noble Lords’ contributions on these matters today and returning to a fuller, livelier and more effective House in September. I beg to move.

Amendment to the Motion

Moved by

--- Later in debate ---

[Baroness Rawlings (Con) [V]]

My Lords, I fully support the Procedure and Privileges Committee’s report and the decision for the House to return to as normal as possible with your Lordships being present in the House, except, of course, severely disabled Members. It is also important that we return to the practice that your Lordships should be physically in the—[Inaudible.]

Could my noble friend the Minister clarify whether Members of your Lordships’ House are obliged to attend Select Committee meetings physically or whether they will still be able to continue attending online? I am not talking about anyone who is giving evidence. Will it still be illegal to attend any meeting from a car or train if we continue to be able to participate remotely?

Legislation was passed during the Covid lockdown without any debate in your Lordships’ House and without any votes. This diktat is considered legal as it is included now in the Standing Orders. This point does not—[Inaudible.] I wonder whether it could be clarified by the Minister for your Lordships.

[Baroness Evans of Bowes Park (Con)]

The noble Baroness keeps cutting out so it is probably best that we move to the next speaker.

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

Yes, the next speaker is the noble and learned Lord, Lord Judge, who is present.