Procedure and Privileges Committee

Baroness McIntosh of Pickering Excerpts

Monday 14th December 2020 Lords Chamber

[Lord Hamilton of Epsom (Con)]

My Lords, I address the House from the Cross Benches, not because I have suddenly decided to join them but because there is so much enthusiasm from my Conservative colleagues to contribute to this debate that I did not have anywhere else to sit. I also have worries about trying to join the Cross Benches; I do not think I am left-wing enough.

I am still smarting under the blow of the internal market Bill, when we were told in no uncertain terms that the Government were acting illegally regarding the withdrawal agreement. I opposed the noble and learned Lord, Lord Judge, at that point, because I had been told by my noble and learned friend Lord Keen, the former Advocate-General for Scotland, that it was legal. We therefore had a disagreement between two very distinguished lawyers over what was legal and what was not in that Bill.

We are back in this situation now. Legal advice is being given that it is all right to delay these by-elections, while other legal advice would tell you that it is not all right to go against an Act of Parliament and a statute saying that these by-elections should be held. The problem with lawyers is that they are liable to back whichever side happens to suit them at the time. I would not describe the noble and learned Lord, Lord Judge, as hypocritical, but I would call him inconsistent. The House should seriously consider its different views on legality in this case.

[Baroness McIntosh of Pickering (Con)]

I suppose I will be described as a “lefty lawyer”, but I would like to change the subject. I welcome the provisions in the fifth report of the Procedure Committee relating to Questions, which are eminently sensible and practical. Could it also look at Questions for Written Answer which have not been answered for 10 days or more? There are some 113 such Questions on the Order Paper today; this should be addressed as a matter of urgency.

[Baroness Fox of Buckley (Non-Afl)]

I listened with interest to the arguments made by the noble Lord, Lord Mancroft. He made some important and salient points about the workings of this House. I hope that it returns to normal as soon as possible, as it is best that we do not make a virtue out of a grim necessity.

I know that I am new here. I am absolutely no fan of hereditary Peers, on principle, but the truth is that no one is elected here. Appointed Peers are no more democratic than hereditary, and I would like the fullest possible debate on reform, even abolition, in the future. But I find it distasteful to use this Covid crisis to push through political reform by stealth. To suspend a by-election using Covid as an excuse seems completely wrong to me, whatever the by-election is or however silly people consider it. In too many instances, I have found politicians on all sides prepared to use this pandemic to avoid proper, accountable and open debate, and to push issues that they would never get through if they had to face the electorate or even Parliament, in some instances. They are also using this pandemic to subvert laws and norms.

I do not support the amendment of the noble Lord, Lord Mancroft, because it is about hereditary Peers, but it seems right and proper that procedure is followed and that Covid is not used sordidly to avoid accountability and elections of some sort, at least.