Wales Bill

Baroness O'Neill of Bengarve Excerpts

Tuesday 11th November 2014 Lords Chamber

[Baroness O'Neill of Bengarve (CB)]

My Lords, before we go any further, I might not be the only Member of your Lordships’ House who detects an ambiguity which we need to clarify before proceeding. Is the proposition that electoral arrangements shall be subject solely to the agreement of the Assembly, or are electoral arrangements for the National Assembly for Wales subject indeed also to legislation by this Parliament, and in addition to the agreement of the National Assembly for Wales? That has not become clear and I have been listening very carefully to both noble Lords who have spoken. If it is the case that it is to be solely subject to the agreement under the special provisions—which I hope I understand—then this amendment is probably pre-empted by the undertaking that the Minister has already given, and we should not be discussing it. If, on the other hand, the assumption is that it is to be understood that electoral arrangements are solely a matter for the National Assembly for Wales, it would be very helpful to have that clearly stated. Is the agreement of the Assembly additional to the agreement of this Parliament, or is it solely the agreement of the National Assembly for Wales?

[Lord Elis-Thomas]

What we have here are two amendments, appropriately grouped together, but with two different principles. The amendment in my name and that of my noble friend calls for powers on electoral arrangements and constitutional aspects to be devolved to the Assembly through Schedule 7 to the Government of Wales Act 2006. Under the subject National Assembly it becomes an additional action that the Assembly is unable to legislate upon in that area. That is the way that it is phrased in this particular discussion, although we had a different discussion on this principle in Committee.

The principle that my noble friend seeks is statutory consultation—

Northern Ireland (Miscellaneous Provisions) Bill

Baroness O'Neill of Bengarve Excerpts

Tuesday 4th March 2014 Lords Chamber

[Lord Alderdice]

My Lords, I again welcome the amendments brought forward by my noble friend the Minister. I accept what she said about this device or resolution being similar to that in the previous question on the Civil Service Commissioners. However, the matter at issue here is very different and one of much more substantial importance. Indeed, the Minister will recall that at Second Reading this issue was one of two that I identified as being absolutely critical. In Committee, I spoke against the question that the clause should stand part of the Bill. On Report, I came back with an amendment on the question and I am very grateful to my noble friend the Secretary of State and her officials for being prepared to engage on the question.

I do not want to repeat what I said before but I point out the signal importance of this issue and its difference from the previous one. Right back in the late 1960s and early 1970s, there was pressure in Northern Ireland for a Human Rights Commission. In 1973, when the legislation was passed, a Standing Advisory Commission on Human Rights was established. That was not sufficient but it was the best that could be achieved at that particular time. It produced some very worthwhile reports, some of which were acted upon in part and some more fully. Some very distinguished colleagues, not least my predecessor as leader of the Alliance Party, Sir Oliver Napier, was a chairman of the Standing Advisory Commission on Human Rights. Eventually, we moved on. We had a Human Rights Commission for Northern Ireland. The point is that this is not something that came in with the Good Friday agreement. It did not arise lately. There was absolutely critical demand and pressure for it from the 1960s and onwards. It continues to be of signal importance.

In her amendment, my noble friend has very helpfully identified a similar procedure to the previous issue. The Secretary of State would, at least three months in advance, bring forward a report identifying three very important issues: the independence of the Human Rights Commission, its relationship with the Northern Ireland Assembly, and the international commitments and responsibilities of Her Majesty’s Government. That is extremely good. She has also said, again very helpfully, that in the event that your Lordships’ House wanted to debate such a report, it would be given an opportunity by the Government to do that, and that the content of that debate would be taken seriously in the construction of the draft legislation. That is all extremely helpful and very welcome.

However, I feel strongly about the significance of this issue. If the Government did not bring forward a satisfactory report or set of proposals, this is of such significance that it is the kind of thing that one would be prepared to vote down. Not many things come forward here in terms of Orders in Council where your Lordships’ House is called on to use what we might describe as the politically nuclear option. This matter of the Human Rights Commission is of such importance that a Government—not just this one; it is likely that a subsequent Government might find themselves in this position—should not be under any illusion that if this matter were to come forward in an unsatisfactory way, they would face very serious opposition. I would be part of that opposition.

My noble friend has listened seriously to the concerns of the moment. The Government are clearly intent on making this facility available to the Northern Ireland Executive, whether or not they wish to take that up. The Minister has listened seriously and there has been a reasonable response. If all the things in this amendment are fulfilled as she described I would be more optimistic that a positive outcome might be possible. On that basis, I support her amendment.

[Baroness O'Neill of Bengarve (CB)]

My Lords, I think I support the amendment. I see that it takes account of the comments from the Joint Committee on Human Rights. It would help if the Minister could give the House one assurance—I do not know whether she can.

New subsection (3D)(b) refers to,

“the application of internationally accepted principles relating to national human rights institutions”.

That is exactly the right criterion. I declare an interest as chair of the Equality and Human Rights Commission of the UK. In the UK we are in an exceptional position in that three human rights bodies are brigaded together for the purpose of receiving a certain status. I am happy to say that at present it is an A status. Our fates are bound together in that way. It would be extremely important to be clear about the implications of this move to a new status for the Northern Ireland Human Rights Commission. We must take into account the fact that if that misfired it could bring down the Scottish Human Rights Commission and the UK Equality and Human Rights Commission. Could the Minister comment on that? It would be helpful to know that, in considering this move, that particular set of risks would also be considered.

[Lord McAvoy]

My Lords, the Opposition support this amendment and commend the Minister and the noble Lord, Lord Alderdice, for their discussions and decision to bring it forward. Everyone agrees about the fundamental importance of human rights to the exercise of devolved government in Northern Ireland. It is also agreed that this is ensured through the independence of the Human Rights Commission and the impartial nature of its work. The preservation of this impartiality will be foremost in discussions when we come to actually devolve these powers. The Government’s amendments mark a move in the right direction to enable that. They have our full support.

Northern Ireland (Miscellaneous Provisions) Bill

Baroness O'Neill of Bengarve Excerpts

Monday 3rd February 2014 Lords Chamber

[Baroness Randerson]

I thank my noble friend for his intervention. I am fully aware of the noble Lord’s tremendous expertise and am very happy to take into account the point he made. I assure noble Lords that the Government will be taking careful note of everything that has been said here this afternoon.

[Baroness O'Neill of Bengarve (CB)]

Is the Minister willing to confirm from the Dispatch Box that, should the consultation reveal that public sentiment is not going to endorse the principles of Civil Service independence, it will not be the outcome of the consultation that is carried through but rather those principles for Civil Service independence?

[Baroness Randerson]

In public consultation in Northern Ireland, the Government look particularly at a consensus across parties and communities. Therefore, it seems to me highly unlikely that there would be a consensus of opinion—a broad agreement across parties and communities—that there should not be an impartial Civil Service. That would be highly unlikely. In that consultation, we would be looking for the details that we would require for proper safeguarding of the position of civil servants in Northern Ireland.

--- Later in debate ---

[Baroness O'Neill of Bengarve]

My Lords, I declare an interest as chair of the UK Equality and Human Rights Commission. We have an asymmetric situation in the United Kingdom, whereby Scotland has a separate human rights commission reporting to the Scottish Parliament, as the noble Lord, Lord Alderdice, said; Wales does not have anything separate; and Northern Ireland has a human rights commission. However, the status of all three human rights commissions is jointly considered under the United Nations process. The A status of the human rights performance of the UK is an extremely important feature of our foreign policy. The fact that we retain an A status, despite the asymmetries and anomalies of the way in which we are structured at the moment, seems to make this a matter that deserves further consideration.

I know that the Joint Committee on Human Rights has given this some consideration along the lines that the noble Lord, Lord Alderdice, suggested—namely, that it might be better if the Northern Ireland Human Rights Commission, at present without a chair, were to report to the Northern Ireland Assembly. I take no view on this matter, but I think it is something that raises wider issues and needs further consideration.

[Baroness Smith of Basildon]

My Lords, I was taken by the comments made by the noble Lord, Lord Alderdice. I was surprised when he said that the Northern Ireland Human Rights Commission had not asked for this. He said that he had not really expected it in this Bill. I wonder if it was consulted prior to the Bill being drafted. Who else was consulted prior to this coming forward? Obviously, the impartiality and independence of the commission is crucial and must be both retained and maintained. The comments that have been made beg questions which I hope the noble Baroness can address and thus give the Committee some reassurance. I look forward to her comments and to being given some information on who was consulted prior to this move being made.

Parliamentary Voting System and Constituencies Bill

Baroness O'Neill of Bengarve Excerpts

Wednesday 16th February 2011 Lords Chamber

I respectfully suggest that all that is quite extraordinary and highly relevant to whether, on a Bill and an issue of constitutional significance, this House ought respectfully and politely—but insistently—to say to the other place, “You really need to look again, properly and in detail, at the views of this House”. I beg to move.

[Baroness O'Neill of Bengarve]

My Lords, I put my name to the relevant amendment on Report. As I did not have the opportunity to speak then, I shall say why I think that it would be important for the other place to consider it again. The amendment is extremely helpful to the coalition—it has not interpreted it that way—for the simple reason that Boundary Commissions are being asked to take on a complex task. There are some clear rules, but it is difficult and we do not know what position they may find themselves in. Other amendments before your Lordships’ House proposed that the regular band within which constituencies might vary should be widened. I did not support any of those. I agree with the Government that it is important for democratic reasons that, in so far as constituencies can be made equal, they should be made equal. However, in reality, Boundary Commissions may face an intractable task.

There are situations in which sub-division is not as simple as we might think in considering the application of rules. As is said in primary schools, sometimes three into two won’t go. For that reason and to enable the Boundary Commissions to carry out their task well —not for them to make a mass of exceptions; with good luck, they will make no exceptions—we should respectfully ask the other place to consider the amendment again.

[Lord King of Bridgwater]

I begin by saying how much I admire the ability of the noble Lord, Lord Pannick, to make another most interesting and persuasive speech without repeating the speech in any great detail that he made on the previous occasion. I respect that. He said that the amendment that we discussed on Report was carried by a healthy majority; I point out that it was a quarter of the majority carried after the debate that we have just had, so I do not know what we would describe that as.

It is important to remember where we are. I would like to think that the whole of this noble House was agreed on two points: that seats should be as equal as possible, and that a more equal distribution should be in place by 2015. Some people on the opposition Benches—certainly not the noble Lord, Lord Pannick, and his colleagues—may be keen not to see more equal distribution by 2015; they must speak for themselves. However, it is certainly the objective.

I do not think that the noble Lord, Lord Pannick, challenged this point when I made it previously: his amendment allows for less equality than presently proposed by the Government. Maybe some noble Lords, including those on the Benches opposite, were not quite aware of what the Government had proposed. I do not agree with where the Government started from. They proposed 10 per cent; I had some heckling when I mentioned that last time, because people did not realise—they thought that it was 5 per cent, but of course it is 5 per cent either way, a 10 per cent spread. The amendment proposes 15 per cent. I think that 10 per cent is too high. I recognise that the Government realised that there had to be a compromise when they drew up the Bill—that some allowance had to be made for latitude by the Boundary Commission in its work. The amendment is a compromise on a compromise, because moving to a 15 per cent spread means a difference of perhaps 12,000 people between different constituencies. That is too great. That is my first point.

My second is on the other thing done by the amendments on which the noble Lord, Lord Pannick, is inviting the House to insist. He effectively conceded that 15 per cent was a big variation, so he covered himself by inserting the fact that it should be used only in exceptional circumstances. As was recognised by certain noble and learned Lords, exceptional circumstances then allow further consideration and opportunity for challenge and further chance of judicial review. That is why the amendment fails my second test by making it more likely to mean that we do not get a new and fairer electoral arrangement by 2015.

In the light of today’s previous debate, we might have expected what the noble Lord, Lord Pannick, then said when he set this up as a great constitutional issue. I do not want to discuss the previous debate—I did not speak in that—and I understand entirely why the arguments might be made in this case. However, surely the purpose of our electoral system—which we all support—is that there should be equal value in equal votes, so far as possible. I do not consider that a great constitutional change which needs great pre-legislative scrutiny. Of course he talked about pre-legislative scrutiny and further public consultation—perhaps public hearings—in advance of any proposals from the Government. That would certainly scupper any chance of the electorate being able to vote at the next election, if it is in 2015, with a new and more equal distribution of votes.

The noble Lord flattered this House very adeptly—we all enjoy a bit of flattery—by saying that it has a considerable reservoir of knowledge, and that many of us have stood in many different elections and experienced boundary changes and changes in constituencies. That is absolutely right. However, I thought that he was getting perilously close to saying that, on this issue, this House was entitled in some way to be superior to the other place.

Parliamentary Voting System and Constituencies Bill

Baroness O'Neill of Bengarve Excerpts

Wednesday 19th January 2011 Lords Chamber

[Baroness Scotland of Asthal]

I was not talking about whatever happened on Monday night. Then, the noble Lord, Lord Trefgarne, raised his objection, which was put. A number of us thought that it should not have been. That situation was exceptional and was the first time that such a thing had happened for 20 years. To move such a Motion again today, after a 90-minute debate, was not right. The noble Lord knows that very well.

[Baroness O'Neill of Bengarve]

My Lords, we must do some simple and clear talking among ourselves. The situation that we have arrived at, with the double use of the closure Motion, is edging us towards a guillotine. If this House introduces a guillotine, scrutiny will be impossible. I think that scrutiny has become impossible in the course of the debate on this Bill, in part because of the repetitive and irrelevant comments, whether co-ordinated or not, made in many speeches by noble Lords on the opposition Benches. That, too, is an abuse of the procedures of the House. However, I also believe that the resort to the Motion for closure, with its implicit guillotine, is an abuse of the process of the House. As a Cross-Bencher, I beg the leaders of the Opposition and of the coalition to remember that their loyalty to this House stands above their partisan loyalty.

At the moment, I and some other noble Lords do not vote on the substance of this legislation only to prevent closure and the move towards the guillotine. I know that many noble Lords opposite care greatly about the House. I hope that they will discuss with their colleagues why the repeated use of the Motion for closure will prove destructive. It will end up as an argument not for an elected or a non-elected House, or for a hybrid House, but for unicameralism.

At the other end of this palace there is a guillotine. We know how much legislation reaches us undiscussed, undigested and unscrutinised. The function that we try to carry out is important. It is not the grandest function, but it is essential. Until things are changed, we have a duty to preserve that function. We will lose it if collectively we adopt tactics that either amount to a filibuster, even if they were not co-ordinated as such, or that amount to a guillotine, even if they are not so labelled.