European Union (Referendum) Bill

Debate between Baroness Jay of Paddington and Lord Hill of Oareford

Friday 31st January 2014 Lords Chamber

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

Let me help the House because I know there has been some confusion. The Leader of the Opposition and I have had an exchange about this. I understand the question that the noble Baroness, Lady Symons, is asking, but she is quite wrong in her summary of the position. My noble friend Lady Warsi is a government Minister; therefore she sits on the Front Bench, and by convention those who sit on the Front Bench speak at the Dispatch Box. That is the position. While there is no collectively agreed position on the overall policy in the Bill, there is a government position on much to do with the Bill. For instance, on questions about our relationship with the EU, Gibraltar and referendums, there is a government position. From that point of view, having a government Minister available to answer questions to do with government policy, advised as appropriate, is absolutely the right thing to do. It is also perfectly in order for my noble friend, or any other Minister from across the coalition, to offer an opinion—as a Conservative, in the case of my noble friend—as an individual. My noble friend is completely entitled to do that. Any Minister in our proceedings can do that so long as they make it clear when doing so that that is what they are doing. When my noble friend Lady Warsi speaks on behalf of the Conservative Party alone, which is a distinction that my noble friend Lady Falkner drew earlier, she will do that and be absolutely clear about it. That is the position.

[Baroness Jay of Paddington (Lab)]

My Lords, I hesitate to intervene because, unfortunately, for various reasons, I could not be here last week. I have, however, read the debate. I have the privilege of chairing the Constitution Committee of your Lordships’ House, and when I heard the noble Lord, Lord Hannay, say earlier that he was surprised by the number of constitutional matters that seem to arise—because the House seems to be taking up so many different things on a rather ad hoc basis—I had to agree. Surely the position that my noble friend Lady Symons has just raised about collective responsibility, which is what this is about, is central to the way that we conduct business in this House. If, as the noble Lord says, the noble Baroness, Lady Falkner, who is representing her party in this matter, should not sit on the Front Bench because she is not a government Minister, surely the appropriate constitutional arrangement in terms of collective responsibility would be to have a Minister from the Liberal Democrats share the responsibility with the noble Baroness, Lady Warsi.

[Lord Hill of Oareford]

The noble Baroness sums up the position quite well in the sense that if there were a Liberal Democrat Minister who wanted to speak from the Front Bench, that would be perfectly proper.

[Baroness Jay of Paddington]

I am sorry to intervene again, but has an approach been made by the Foreign Office, or indeed by the Leader of the House, to inquire whether anybody would wish to do that?