Tributes: Her Majesty the Queen

Baroness Smith of Basildon Excerpts

Wednesday 9th September 2015 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, it is a great privilege to follow the noble Baroness the Leader of the House in paying tribute to Her Majesty the Queen on becoming our longest reigning monarch. On behalf of these Benches, I convey our warmest congratulations to Her Majesty on this historic day. Sixty-three years—or 63 years, seven months and two days to be precise—would be an extraordinary length of time to hold any position. As Head of State, it is a truly remarkable record of public service.

In February 1952, when the Queen ascended to the Throne, Winston Churchill was still Prime Minister and Harry Truman was in the White House. The death of the King was traumatic and unexpected. His service to the country during the war, and that of his family, endeared them to the nation and he was held in great affection. His unexpected death at just 56 was a terrible shock and brought great sadness to the nation, as well as to his eldest daughter, the new Queen. It was only seven years since the end of the war. Many people had suffered great losses and this was the end of an era. But alongside that sadness, there was hope. This was a nation emerging from a war and it had an exciting, positive and optimistic vision for the future. It welcomed the new, young Queen as part of that vision.

During her time on the Throne, we have all seen such huge social, cultural and technological change. With Winston Churchill as Prime Minister and Clement Attlee as leader of the Opposition the country finally abandoned the identity cards used during the war, but it would be another two years before food rationing ended—although, being very British, they were able to end tea rationing. Our greatest fear was the Cold War and the Iron Curtain. London saw the end of trams and the first performance of Agatha Christie’s “The Mousetrap”. The health service was in its infancy. Only 150,000 homes had a TV, with just one channel—so no “Coronation Street”. No one had a computer or a laptop at home. The internet had not even been imagined. The first ever pop singles chart was published, with Al Martino at number one with “Here in My Heart”. The nation’s most popular food was a tin of Spam and what was to become the European Union was still called the European Coal and Steel Community. Throughout that time, through good changes and bad, Her Majesty has been a constant—a bridge from one era to another, linking our past to our present and towards our future.

Society has changed enormously in that time. The role of women has been transformed. Indeed, it would be another six years—not until 1958—before we as women were able to sit in your Lordships’ House.

People from across the globe have made Britain their home and, as a result, our culture has been enlivened and enriched. Medical science has greatly lengthened life expectancy, something for which many of us are grateful.

As the country has changed, so has Her Majesty moved with the times but there is also something permanent about her that reassures us all in what seems like an ever changing world. Perhaps this goes a long way to explain her huge and enduring popularity, not just with British people and the Commonwealth but across the world. All of us here will have seen Her Majesty at State Opening, and many of us on other occasions as well. I have always been struck by her interest in those she meets.

There is a story, possibly apocryphal but utterly believable, of the VIP about to meet the Queen at an event who was in line to greet her on her arrival. A very modern man, he made it clear to everyone who would listen, including the press, that he was not going to bow. It was outdated in this day and age: he would stand up straight and shake hands. The great day arrived. He stood in place, ramrod straight. As the Queen progressed down the line, shaking hands and having a few words with each guest, he stood there waiting for his moment. She arrived. They shook hands and she said something, but so softly that he could not hear, so he leant forward as all the camera bulbs flashed, taking the photo of him bowing to the Queen. Some time later, he was retelling the story to a colleague, which is how I heard about it, who said, “Oh dear, she got you on that one too, did she?”. I hope that it is true because it shows such dignity and a sense of fun.

I concur with the noble Baroness that it is also fitting that we reflect on the role of His Royal Highness Prince Philip the Duke of Edinburgh, who has been at Her Majesty’s side throughout her reign and has been such a support to her in undertaking her responsibilities. We are also grateful to him.

Her Majesty’s service to the country and the Commonwealth is rewarded by huge public affection and levels of popularity that any politician would give their right arm for. If any word could sum up her 63 years on the Throne, it would be this: duty. I believe that those of us who serve in Parliament understand this concept too, but for most of us, even those who reach the highest ministerial level, this duty is, by contrast to Her Majesty’s, very short-lived.

As we heard from the noble Baroness, it is relatively straightforward to work out that the Queen has been served by 12 Prime Ministers during her reign, not to mention some 26 Leaders of your Lordships’ House, or that she has seen 16 general elections come and go during those years. Much harder to calculate—the noble Baroness gave some excellent examples—is the number of red boxes she has worked her way through, the Cabinet minutes she will have read, the number of receptions and garden parties she has hosted and public engagements she has undertaken. We have heard some of those statistics, and those figures are to hand, but no one can count the number of people she has met and those whose lives she has touched. That is incalculable and invaluable.

Her Majesty did not choose to be Queen; it was thrust upon her at an unexpectedly early age. Her strong sense of duty that has been evident throughout her reign shows great respect to her country and the Commonwealth. We repay that respect today. So we congratulate Her Majesty, and thank her, and look forward to another such occasion next year as we celebrate her 90th birthday in a similar fashion.

House of Lords: Membership

Baroness Smith of Basildon Excerpts

Monday 7th September 2015 Lords Chamber

[Baroness Stowell of Beeston]

The noble Lord and I had exchanges on this matter only recently just before the Recess, when I reminded him that the Bill to which he refers did not succeed in leaving the House of Commons. In our manifesto, we made it clear that that is not a priority for this Parliament. We see it as a priority to address the size of the House, and that is where we will focus our energies

[Baroness Smith of Basildon (Lab)]

My Lords, the noble Baroness will have heard the views expressed from across your Lordships’ House about size. I have to say that it is not enough to suggest, as she did in her recent article, that Peers should turn up less often. If we are effectively to address this matter, which we believe we should, it cannot be against a backdrop of more and more appointments. This Prime Minister has appointed more Peers per year than any other Prime Minister, with a greater proportion of Peers to the government Benches and fewer Opposition and Cross-Bench Peers. What discussions has the noble Baroness had with the Prime Minister on this issue? Did they discuss the constitutional convention? Does he recognise that if meaningful change is to be made, he cannot continue with the scale and number of his appointments?

[Baroness Stowell of Beeston]

The noble Baroness knows my party’s position on a constitutional convention. We do not feel that that is a priority at this time. For me, as Leader of the House, it is important that we are an effective Chamber and that we make a very important contribution to the legislative process. It is right to focus on attendance rather than absolute numbers because the average rate of attendance is under 500. As effective Peers, we make our contributions when our experience and expertise are relevant to the matter at hand.

Syria: Refugees and Counterterrorism

Baroness Smith of Basildon Excerpts

Monday 7th September 2015 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Lady for repeating the Prime Minister’s statement, which raises the most serious issues of humanity, moral obligations and national security. I would first like to ask about the refugee crisis. I think it fair to say that, until recently, many people were not even aware of the scale of the terror, the crisis and fear facing millions who have been forced to flee Syria. They are not people who want to leave their homes or their country. They are people from all walks of life, forced out in fear of their lives and those of their families. This is a defining moment for our country and for the Government.

The body of a child washed up on a beach has shocked, upset and horrified everyone, but such deaths of those abused by traffickers in seeking sanctuary is not new and has been debated in your Lordships’ House on a number of occasions. We must be strong, confident and proud in reaching out to those seeking refuge on our shores.

Among the Syrian children whom we will now take in will be the future hospital consultants at our bedsides, the entrepreneurs who will build our economy and the professors in our universities. They will also be among the strongest upholders of British values, because that has always been the story of refugees to this country, whether it was the Jewish children of the Kindertransport, including the noble Lord, Lord Dubs, or the Asian families whom I knew when I was younger, driven out of east Africa more than 20 years ago, or Sierra Leoneans fleeing a brutal civil war. The Prime Minister said last week that it would not help to take more refugees because it would not solve the problems in Syria, but that is a false choice. Helping those Jewish children was not part of our efforts to end the Second World War; helping east Asian families did not bring down the brutal dictatorships; but it was the right thing to do. It was a natural, human response.

We welcome the Prime Minister’s announcement that our country will provide sanctuary to 20,000 refugees. I appreciate that it will be over this Parliament, but can the noble Baroness reassure me on the need for urgency, because people are losing their lives today? Can I suggest that it would be helpful now to convene local authority leaders from all over the country to discuss what they are prepared for, what they are able to do to settle those refugees into their areas, and the regional and local distribution to ensure that all areas can play their part—rural as well as urban, towns as well as cities? Many local authorities have already indicated that they are keen to step forward and play their part, which is greatly to their credit. They will need reassurances on additional resources, given the level of cuts they have already faced.

The Government have said that they plan to use the international aid budget for this purpose. Why did they not just use the reserves? Ensuring that refugees can be welcomed, supported and integrated is an issue not just for local government or the Home Office but for transport, education, health, business, tourism and, as we have heard, the devolved authorities. It is an issue also for churches, community groups and so many individuals who have cried out for action from the Government. Beyond what the Prime Minister has told the other place, can the noble Baroness tell us what discussions are planned to guarantee a nationwide, cross-government strategy that will co-ordinate the efforts of those who want to help and have asked the Government to help?

We support aid to existing refugee camps. Does the noble Baroness accept that desperate conditions in those camps have contributed to far too many people risking their lives trying to bring their families to Europe, and that this reinforces the need for greater co-operation across the EU and with the United Nations?

I turn to counterterrorism, because the scale of the threat posed by ISIL is clear. We have witnessed its brutal torture and murder of British citizens abroad and the sickening attacks that it has inspired and sought to organise here at home. The security services, the Armed Forces and our police do immensely important work to try to keep us safe. It is a difficult and dangerous task, and we are grateful to them for their efforts. This is the first time that Parliament has heard of the specific operation on 21 August, when the Government authorised the targeting and killing of a British citizen in Syria, a country where our use of military force is not authorised. We understand that a meeting of senior members of the National Security Council agreed that, should the right opportunity arise, the military should take action, as the noble Baroness said in the Statement. The Prime Minister said that the action was legally justifiable under the doctrine of national self-defence because, first, the man was planning and directing armed attacks in the UK; secondly, there was no other way of stopping him; and, thirdly, the action was necessary and proportionate. The evidence on each of these points is crucial to the justification for the action. Is it significant that the Attorney-General did not authorise this specific action but confirmed that,

“there was a legal basis”,

for it? Was the Attorney-General’s advice given or confirmed in writing, and will it be published? The Statement informs us that the Defence Secretary “authorised the operation”. Why was it not the Prime Minister himself who gave the authorisation?

I want to ask the noble Baroness about the specific target of this attack, although I understand that there may be things she cannot disclose to the House. Inasmuch as she can, can she say what it was about this individual and his action that singled him out, given some of the other reports we have had? Did he represent an ongoing threat, or was the threat based on a specific act that he was plotting? Does she accept that there is a need for independent scrutiny of government action, perhaps by the CT reviewer and the Intelligence and Security Committee? Can she tell me whether they have been asked to look at this?

We are already engaged in the use of force against ISIL in Iraq. However, it is vital that the UK continue to play its part in international efforts to combat ISIL across the region. What is clear from the Statement is that, if the Prime Minister is to propose to join coalition strikes in Syria, he will return to the House of Commons for a vote on authorisation. Although your Lordships’ House will not have a vote, it may be helpful to reiterate the position as set out by the acting Labour Party leader and shadow Secretary of State for Defence on 2 July. She made it clear when she said that ISIL,

“brutalise people, they murder people, and they are horrifically oppressive”.

We will carefully consider any proposals in relation to military action in Syria that the Government bring forward, but we all need to be clear about what difference any action would make to our objective of defeating ISIL, the nature of any action and its objectives, and the legal basis. Potential action must command the support of other nations in the region, including Iraq and the coalition already taking action in Syria.

I am grateful to the noble Baroness for repeating the Statement and thank her for ensuring that there is additional time for questions from Back-Benchers today, given the level of interest in this issue. We look forward to her response.

[Lord Wallace of Tankerness (LD)]

My Lords, I also thank the noble Baroness the Leader of the House for repeating the Prime Minister’s Statement on these very profound and serious issues. I also endorse what the noble Baroness the Leader of the Opposition said—we appreciate the fact that there will be an extended period for Back-Bench questions.

Probably nothing is more important than the Government’s primary responsibility of security of the realm and its citizens. The Prime Minister acknowledges that in his Statement. Clearly, we do not have the evidence, nor would it be appropriate to share that evidence publicly, and therefore we must accept the judgment of the Prime Minster in responding to perhaps one of the most serious calls that has been made on him. However, it would be interesting to know whether this is a matter that the Intelligence and Security Committee will be able to look at.

There is also reference in the Statement to the legal basis. Having worked closely as a law officer with the present Attorney-General, I know that his judgment would be made with considerable rigorous legal diligence and bringing to bear his considerable personal and professional integrity. I do not call for the publication of law officers’ advice; that is not something that, as a former officer, I would readily do. However, the noble Baroness will remember that before the House debated chemical weapon use by the Syrian regime and a possible UK government response, and before we debated last year the position on military action in Iraq against ISIL, the Government published on each occasion a statement setting out the Government’s legal position. If it is felt possible to elaborate on what was said in the Statement by a similar note, I think that we would find that very helpful.

The images of migration that we have seen on our screens and in our newspapers over recent days have certainly touched our common humanity. There has been an outpouring of the view that we must welcome refugees, and that is one that we certainly endorse. The Statement says that,

“the whole country has been deeply moved by the heart-breaking images we have seen over the past few days”.

However, will the noble Baroness the Leader of the House tell us whether any of those travelling across Europe at the moment will be accommodated in any way by what was set out in the Statement? We have heard of 20,000 refugees—said very loudly; “over five years” is probably said more sotto voce—but these are people in camps in countries bordering Syria. That is not to dismiss what is being done in that regard, and it is welcome in as far as it goes. However, what the people in this country have been crying out about are the scenes on our television screens of people walking across Europe, fleeing terror and destitution. Yet can the Minister point to one sentence in this Statement that indicates that for those people there is some glimmer of hope that the United Kingdom will be a welcome haven?

We have a common problem and it requires a common response. There are problems in the Mediterranean, on Europe’s borders and in coming across Europe and we should be promoting a common European response. The European Union system has its failings. The Dublin system is not by any stretch of the imagination perfect, but by our stand-offish stance we seem to have forfeited any real or moral authority in being able to give the lead in trying to improve or work out a more coherent European approach to this. Will the Government commit themselves to taking a more active role in co-operating with our European partners, as well as in participating in European Union efforts on relocation?

With regard to those who are coming, we welcome the steps have been taken. Many local authorities have indicated a willingness to take refugees. The Leader of the Opposition asked what would be done to bring these local authorities together, and it would be useful to know what consultations had already taken place. What consideration has been given as to whether there should be a dispersal programme or whether it is better to keep communities together for mutual support? I do not pretend that I have the answer to that, but real issues are involved. What has been done to ensure that there are interpretation services, counselling and support services for English as a second language?

We have heard about the international aid budget being used for the first year to support local authorities, but surely in a situation such as this there is something in reserve that we could use. The Statement itself refers to holding “larger sums in reserve”. Has this been taken from the overseas aid budget for future years or has a separate reserve been taken up?

The Statement says that,

“we will ensure that vulnerable children, including orphans, will be a priority”.

Just before we went into recess, there was a report about 600 young Afghans who had arrived in the United Kingdom as unaccompanied children who were deported after their 18th birthdays because their temporary leave to remain had expired. Many had already established strong roots in the communities where they were living. When we hear about the fact that we will give priority to vulnerable children including orphans, can we have some reassurance from the Government that they will not be summarily sent back after their 18th birthdays?

We will not resolve the Syrian refugee crisis unless there is a wider resolution to the Syrian problem. What steps have the Government taken to try to promote broader engagement with countries that might not at first instance appear likely to help, such as Russia and Iran, whose engagement will be necessary if we are to get a long-term lasting diplomatic settlement and tackle some of the root causes?

There is an immediate crisis on our doorstep. There are 2 million refugees in Turkey, 1.4 million in Jordan, and over 1 million in Lebanon. According to the UNHCR, there are 60 million displaced people worldwide, 46 million of whom are assisted and protected by the UNHCR. Developing countries host 86% of the world’s refugees. While we have an immediate problem, there is a much wider global problem. We have to play our part in the funding that we have given to the UNHCR but we should be trying our best to engage more countries, such as the Gulf states and the United States of America. Are we in a position to give some leadership to look to the future and tackle the global problems that will exist? We will return time and again to this issue, I suspect, because of its global nature.

The Prime Minister said earlier this week that Britain is a moral country. I believe that. I believe from what we have seen from communities and people across the country that we are a moral country, but I rather fear that this Statement falls short of a moral response.

House of Lords: Membership

Baroness Smith of Basildon Excerpts

Tuesday 21st July 2015 Lords Chamber

[Baroness Stowell of Beeston]

I say to my noble friend and the House as a whole what I have already said: we should take advantage of this period of stability. If proposals come forward that are workable and attract consensus, I am all ears and will listen very carefully to what noble Lords put forward.

[Baroness Smith of Basildon (Lab)]

The Leader will be aware of the speculation about the size of the list of new Peers. Unfair it may be, but the size of your Lordships’ House is often used to attack its effectiveness. If we continue to grow at the same rate in this Parliament as we did in the previous Parliament, by the time of the next election we could have more than 1,000 Peers.

The Leader has rejected a constitutional convention so may I seek common ground with her on two points? How do we promote the role of your Lordships’ House as an essential revising and scrutinising Chamber, and what is the impact of the ever-increasing numbers on our effectiveness? Will she agree to some honest, thoughtful consideration over the Summer Recess and come back in September with some thoughts on how to progress, and perhaps even look at having a Leader’s Group to look into this issue?

[Baroness Stowell of Beeston]

I do continue to consider these matters. However, while there was an increase in the number of Peers during the last Parliament, there was also a reduction. People have retired. When I was last in front of your Lordships answering questions on the topic, I said that 27 Peers had opted for retirement. Now we are up to 30 and I believe that, with those who are already committed to retirement, that will increase to 32. I will reflect very hard over the summer on a range of different things and will continue to listen very carefully to what proposals might come forward.

Proposed Changes to the Standing Orders of the House of Commons

Baroness Smith of Basildon Excerpts

Tuesday 21st July 2015 Lords Chamber

[Lord Butler of Brockwell (CB)]

My Lords, I beg to move the Motion standing in my name on the Order Paper, and I shall do so briefly.

The purpose of this Motion is to enable the House to ask for a Joint Committee of both Houses on the Government’s proposals on English votes for English laws. I should first repeat that I welcome the fact that the Government are grasping the nettle of English votes for English laws. At the same time, it seems to me undeniable that their proposals are not just procedural but raise serious constitutional issues. They give a subset of Members of the House of Commons—English or English and Welsh Members—a right of veto on legislation which Parliament would otherwise pass. It seems to me right that Scottish MPs should not have the power to determine legislation affecting only England, or England and Wales, but the Government’s proposals are not the only way of achieving that. The McKay commission and the Democracy Task Force, chaired by the right honourable Kenneth Clarke MP, both suggested simpler and, in my view, less objectionable alternatives which ought to be seriously considered by Parliament.

There are many other problems with the Government’s proposals. The noble Baroness, Lady Boothroyd, has raised her concern that they require the Speaker in another place to make determinations which will be politically controversial and, as the noble and learned Lord, Lord Judge, has said, could cause the privileges of Parliament to be challenged in the courts. Others have argued that the right way to deal with matters of this constitutional importance is by legislation, not by changes to Standing Orders in the House of Commons. That is a view which I share.

When people with experience and expertise from such a different range of perspectives as the noble Baroness, Lady Boothroyd, the noble and learned Lord, Lord Judge, and the noble Lords, Lord Norton of Louth, Lord Forsyth, Lord Lisvane and Lord Reid, all express concern about the Government’s proposals, these concerns demand serious examination. It would not be sufficient to have a debate in which concerns can be expressed but not resolved before the Government rush the proposals through in September by a vote of the majority in another place. At present, when there is both a Conservative majority in the House of Commons and a Conservative majority in England and Wales, the problem is not urgent. Surely it is more important to get the proposals right than to rush them through.

This House has great experience and expertise to contribute on this matter. The proposal for a Joint Committee of both Houses did not originate in this House. It was made by the opposition spokesman in another place. The purpose of this Motion is to enable our House to support it and to indicate our willingness to take part. I beg to move.

[Baroness Smith of Basildon (Lab)]

My Lords, I rise briefly in support of the Motion of the noble Lord, Lord Butler of Brockwell. He helpfully raised this issue last week in a QSD that he introduced, so the noble Baroness and the Government have had an opportunity to consider it.

I should be clear: we do not see this Motion as challenging the principle of what the Government are seeking to achieve—I am sure that that is not its intention. That is not our role or, as a House, our responsibility. However, it is our role as a revising and scrutinising Chamber to consider the implications of proposed changes for how we as a Parliament operate, and whether changes being proposed have any implications not just for how we do business but whether they impact negatively on our work.

English Votes for English Laws

Baroness Smith of Basildon Excerpts

Thursday 16th July 2015 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, this is the debate the Government did not want. We are very grateful to the noble Lord, Lord Butler of Brockwell, for taking the initiative and providing this opportunity to try to ensure that the Government understand why there are so many concerns about how their proposals affect our work and our role in legislation.

There is widespread recognition that there is an issue to be addressed; we have put that on record previously and we have heard it today. But the Government’s proposals go way beyond the McKay report and the Hague report, so their assertion that this change has been fully debated and considered has to be dismissed. The noble Baroness the Leader of the House has been emphatic, and I quote her directly when she addressed your Lordships’ House in a previous Statement. She said, “We are not affected”. But in the same Statement, she also said that the Speaker of the House of Commons would have to certify amendments passed by your Lordships’ House. As we have heard, that creates potential for legal and constitutional difficulties. The situation is clearly more complex than the Government are suggesting. The short but substantial speeches we have heard today have expressed serious and well-founded concerns. These have been exacerbated by the Government’s initial attempts to evade appropriate parliamentary scrutiny by issuing a multi-page amendment to Standing Orders in the other place, with no debate here. That is wrong.

We will fail in our duty as a scrutinising Chamber if we fail fully to investigate the implications this legislation and these changes could have for the governance of our country. If, after hearing from the experts here today, the noble Baroness still believes that there definitely will be no impact on the work of your Lordships’ House, she has nothing to fear from an investigation by a Joint Committee of both Houses. However, I and many other noble Lords do not share her confidence on that point.

Surely it is better to interrogate this issue now and be reassured that there is no impact, or to identify and plan for any possible impact. What a dereliction of duty it would be if, in six months, a year or two years’ time, there is a constitutional difficulty the resolution of which we have given no consideration to. That is a recipe for constitutional chaos, and it reinforces calls for a constitutional convention.

We support the noble Lord, Lord Butler, and I look forward to a considered response from the noble Baroness that I hope will address the concerns raised by noble Lords. I hope she will be able to agree to the request from the noble Lord, Lord Butler, for a Joint Committee of both Houses.

Palace of Westminster Committee

Baroness Smith of Basildon Excerpts

Thursday 9th July 2015 Lords Chamber

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

I am grateful to all noble Lords for the points that have been made in this short debate. I shall address the questions that have been put. First, on the membership of the committee, the Motion today sets the wheels in motion for a committee to be established. Membership of the committee is not yet finalised. I take on board the point made by the noble Lord, Lord Richard, about the quality of representation from this House and indeed its equality. We will put together a strong team to represent the interests of this House. Clearly, once I have had confirmation from the Commons of which people it intends to field on the committee, that will be reflected on before we finalise the membership of the committee as regards its representation from here.

On the way in which we proceed, there will certainly be equality in numbers on that committee, which will be a Joint Committee of both Houses. The intention is that the Joint Committee will be co-chaired by myself and the Leader of the House of Commons, primarily so that we ensure—as I said when this matter was raised here a few months ago—that this House is in no way considered in any way subordinate when we discuss matters of this kind. I very much see it as my responsibility as Leader of this House to ensure that the situation that the noble Lord, Lord Foulkes, referred to with regard to the education centre is not repeated.

Once the committee is established, clearly we will want to interrogate very thoroughly the report that was produced by the independent consultants and published a couple of weeks ago. Ultimately, it will be for both Houses of Parliament to take the decision on the way forward on restoration and renewal, and I will certainly want to consider carefully the process between the committee being set up and its work starting, to the point at which we make a decision by way of a full debate and Division in each House. It is of course important that I and all others who sit on that committee from this House can properly understand and are able to take into account the views of Members as we carry out our work. Therefore I hope that I can give noble Lords the reassurance they are looking for in responding to those points.

On the point raised by the noble Lord, Lord Grocott, on English votes for English laws, I do not intend to divert from the topic of this Motion, but I refer him to the Statement I repeated in your Lordships’ House last Thursday, and to the points I made in response to the questions in that debate. The key point was that with regard to any decisions made in the House of Commons to change their procedures, whatever happens down there will not affect the authority or the processes in this House. However, the noble Lord, Lord Butler, has secured a Question for Short Debate next Thursday, and no doubt we will be able to discuss this matter further at that time.

[Baroness Smith of Basildon (Lab)]

My Lords, on a point of clarity with regard to the first issue of the Joint Committee of the Lords and Commons, my understanding, from all the conversations I have had with the noble Baroness the Leader of the House, is that there will be completely equal representation between both Houses. I think that she has heard the mood of the House—that is what this House expects. I think she said that that was likely, but she did not give the guarantee that the House is seeking. Can I therefore press her, because that is my understanding of the present situation anyway, to give a guarantee that there will be equal representation between both Houses?

On the noble Baroness’s second point, in which she responded to my noble friend Lord Grocott, as much as we welcome the QSD in the name of the noble Lord, Lord Butler, next week on 16 July, that does not replace the need for a proper debate on the proposals for English votes for English laws, which impact on the work of your Lordships’ House. It is all very well for the noble Baroness to say, “We are not affected by it”, but we are. It affects how legislation is conducted in Parliament, and we are part of that process. I know that when she responded to the debate on the Statement the Government made last week she rejected the notion, but she will have heard that noble Lords across the House are very concerned at the lack of debate in this House on that issue, and I urge her to reconsider. It is the view of the Official Opposition and, I think, of other noble Lords around this House, that there should be a full debate, perhaps on a Motion that can be divided on as well. To deny this House the opportunity to debate this in government time is totally unacceptable.

[Lord Butler of Brockwell (CB)]

Further to the point made by the Leader of the Opposition, I understand that in another place the Government have decided not to go ahead with the changes to Standing Orders next week but to have a two-day debate on them. Does that not strengthen the case for there also being a full debate in this House, in addition to the Question for Short Debate?

English Votes on English Laws

Baroness Smith of Basildon Excerpts

Thursday 2nd July 2015 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, we are grateful to the noble Baroness for repeating the Statement—and what a Statement. This is an issue of major constitutional significance. Action to ensure that the voice of English Members of Parliament is heard loud and clear has to be addressed. Indeed we recognise that, with the deepening of devolution in Scotland, Wales and Northern Ireland, the need to ensure that the views of English MPs are heard is clearly important. Both the McKay commission and the former Leader of the House of Commons, William Hague, in his Command Paper reported on this issue. But what is proposed by the Government today goes far beyond what has previously been considered and reported to Parliament. These are far more wide-reaching changes, with far deeper implications, but with no proper analysis of how they will work in practice. I find some irony in the opening lines of the Statement describing the Government as both Conservative and unionist. The credibility of claims to be unionist is fading fast.

We could be forgiven for thinking that on an issue of such constitutional importance, on detail that has never even been seen, let alone considered or debated, before today, and on an issue that has such profound implications for how Parliament operates, there would be an opportunity to wisely consider legislation. Should there not be a Green Paper, a White Paper, or possibly even a Bill that would be debated in both Houses—proper effective scrutiny to ensure that any proposals not only address the fundamental principles but, equally importantly, how this could work in practice? But no; this issue, if the Government get their way, will be done and dusted within the next couple of weeks, with no consultation or any scrutinising debate in your Lordships’ House. How? This will be done merely by amending the Standing Orders of the House of Commons.

The Government have today published 20 pages of amendments to the Standing Orders of the other place. The implications of these changes are hugely significant. Given that, the noble Baroness has to address the question of why there has been no consultation or expert scrutiny outside the immediate narrow circle of the Government. Can she tell me when such constitutional proposals have been dealt with merely by amending the Standing Orders of the House of Commons? Twice in the Statement she referred to making a start on the process. This is not just a start. It will be done, dusted and finished within two weeks? With the Government’s obvious fear of any genuine scrutiny in what most of us consider would be the normal, most sensible and practical way in which to make such significant changes, the noble Baroness will have to convince your Lordships’ House that this does not have the whiff of political expediency about it.

We will all want to reflect further on the detail, given that many of the specific proposals are new and have not been considered previously. For Bills that the House of Commons Speaker certifies as England-only in their entirety, the proposals appear to be fairly clear. However, today’s Statement goes much further than that. It outlines a process of sorts where a Bill contains some proposals that are considered to be either Welsh or English. There is not time today to go into all the complexities and complications of how that would work in practice, but it is sufficient to say that there will most certainly be complexities, complications and, of course, potential for chaos. Legislation rarely divides itself neatly into geographical areas. So if the Government are no longer talking about individual Bills but apparently individual clauses in Bills, this surely creates significant scope for additional complexities—and indeed risk.

With the proposals being published only this morning, the full implications of how this will affect the work of your Lordships’ House cannot yet be fully clear. In this Chamber we press votes only when necessary. We try to effect change by working with the Government with debate, discussion and presentation of the facts. However, on issues that will be defined as English, an amendment passed by this House will be subject effectively to a double lock. Will that mean the Government will be less willing to engage on English-only issues, because in this Parliament, and generally, the other place has a majority of Conservative MPs in England, so that whatever we say or do, they could vote your Lordships’ House down?

The Statement refers to using a procedure to identify English parts of a Bill as similar to that used for certifying financial privilege. Many noble Lords will recall that Peers from across the House have had several heated exchanges over the years with the Government in recent years over their refusal to engage with amendments passed by this House and ask the Commons to reconsider—and the issue raised has been financial privilege. Does the noble Baroness have any concerns about how these proposals will affect your Lordships’ House? Unless the Government already have a blueprint or precedent of how it can be made to work in practice, should not some thought and debate have gone into these proposals?

When William Hague presented his Command Paper to Parliament, he clearly did not envisage such proposals as those being brought before us. He was clear that there were a number of serious issues to be addressed, consulted on and decisions taken. Today’s Statement bypasses any such process. Mr Hague considered how a constitutional convention could be established and the kind of issues that could be addressed. The noble Baroness would have heard in Questions today the calls from right across this breadth of your Lordships’ House on how a constitutional convention could assist the Government, Parliament and the country. Laws rushed in rarely get it right.

Finally, we have concerns at the way in which this has been announced, and that has been reflected in other measures brought before us. This has been done without consultation or apparent thought for any possible unintended consequences. It is hardly reflective of the significance of the Government’s proposals. Yesterday, I spoke in your Lordships’ House of our concerns about the Government’s approach to the Childcare Bill and our recognition of the wider implications of the Government’s approach. The Constitution Committee, even since the beginning of this Session, has described a trend since the last Parliament,

“towards the introduction of vaguely worded legislation that leaves much to the discretion of ministers”.

This, the committee states,

“increases the power of the Executive at the expense of Parliament”.

On this issue, we are told that an assessment will be conducted in 12 months’ time by the Procedure Committee in the House of Commons. But what about your Lordships’ House? Again I have to ask the noble Baroness: has she given any thought to the implications for this Chamber? Will we get any opportunity to assess any impact that it may have had on the way in which we work? We have to do better than this. If we do not do it properly, the potential risks are enormous.

[Lord Wallace of Tankerness (LD)]

My Lords, first, I thank the noble Baroness the Leader of the House for repeating the Statement. We very much welcome the fact that it is being repeated in our House, given that, as the noble Baroness, Lady Smith of Basildon, said, it clearly raises wider issues that go far beyond the Standing Orders of the House of Commons.

The Statement was right to reflect on the long history of this issue, the so-called West Lothian question, and there is general agreement that we are beyond the stage where the best way to answer that question is not to ask it. There is an issue there that needs to be addressed. This is the Government's attempt to give a clear and comprehensive answer to the “English question”. The Prime Minister, when he first mentioned this on the morning after the referendum—when I very much regret that he switched mode from Prime Minister of the United Kingdom to leader of the Conservative Party—made the comparison between the position of Members of the Scottish Parliament in relation to Scottish devolved issues, and English MPs. But, of course, Members of the Scottish Parliament are elected by a system of proportional representation. I am not holding my breath in the expectation that the Government will ensure that any committee of the House of Commons will also be convened on a proportional basis. We have already seen at the outset a breakdown between the comparisons that were being made.

The Statement boldly claims:

“There will be no changes to procedures in the House of Lords”.

I echo the points made by the noble Baroness, Lady Smith. Is the Leader of the House absolutely sure about that? For example, the new procedures in the Commons may well affect the overall management of the parliamentary business timetable. Ping-pong may well have to be a more measured process where an English-only or English and Welsh-only Bill, particular clauses or amendments are concerned. Will she join me, at an appropriate point, in asking the Procedure Committee of your Lordships’ House to look at any implications of the changes to the Standing Orders of the other place? In addition, when your Lordships’ House amends a hitherto English-only Bill to affect Scottish, Welsh or Northern Ireland constituents, how will the Commons deal with that when the Bill returns here?

There is also the issue of defining an English-only Bill or provision. I recall the Bill that introduced top-up tuition fees for English universities being taken through the other place. It is often held up as an example of a decision being swayed only by the votes of Scottish MPs. I was the Higher Education Minister in Scotland at the time, and I had to bring in legislation in the Scottish Parliament months later to address the consequences of that Commons vote. It is not always easy to identify a Bill with impact only in England, or only in England and Wales.

The trial period for the 2015-16 Session is welcome. Will the review then examine the provision’s success or failure? What happens if there has been only limited or no experience of its operation? The “double majority” and “English veto” introduce significant new constitutional departures, and it is important that we examine these in some detail. Of course, as the Prime Minister said, taking the comparable position—putting England in the same position as Scotland—Members of the Scottish Parliament do not have the last word if Westminster chooses to override it. Section 28(7) of the Scotland Act 1998 makes it clear that Westminster has not lost the power to legislate in regard of Scotland. However, what is being proposed here is in effect an English veto, by a Committee comprised solely of English MPs, and that is not Parliament. Parliament’s rights are being inhibited.

The question we must ask is, if what is sauce for the English goose is sauce for the Scottish gander, should the Scottish Parliament be able to veto any provision in a UK Bill that relates to devolved matters in Scotland, in the same way that this English Committee can veto any matters relating to England? When we go down that road we open up a very interesting set of issues—which may well take us toward federalism, which I would not object to. Again, however, has this been fully thought through? I hope that the Leader of the House can answer that.

The Statement refers to making a real start on the task of how, when and in what format Ministers intend to take this forward. Will there be an opportunity for this House to have a much wider debate on these issues, and in particular how they will affect proceedings in your Lordships’ House?

Tunisia and European Council

Baroness Smith of Basildon Excerpts

Monday 29th June 2015 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the noble Baroness for repeating the Prime Minister’s Statement. As the news came through on Friday lunchtime, it became almost too difficult to comprehend both the magnitude and the nature of the events as they unfolded in Sousse. Families and friends on holiday, relaxing and enjoying glorious weather and local hospitality, were thrown into murder and mayhem. I do not think any of us will ever forget the heartbreaking sight of sun loungers being used to stretcher the dead and the injured. With 18 British citizens confirmed dead and the death toll of British and other nationalities likely to rise, and with others seriously injured, the horror and fear of that day will never be erased from the memories of those who have survived. As we think of the pain and distress of families trying to find and identify loved ones we can only try to understand what they must be going through.

I concur with and support the comments of thanks to all those—the FCO staff, our police and other agencies and the locals in Sousse—who are trying their best to give both the practical and the emotional support that is needed and will be needed for many for months and years to come. The Home Secretary and the Minister with responsibility for the Middle East are in Tunisia today and they will understand the scale of the problem.

I am sure that, like me, the noble Baroness was deeply affected by the interviews with holidaymakers who, while clearly traumatised and visibly upset, said that they wanted to stay on, in recognition of the support that they had from the locals, who had helped them despite their own fears and distress. I understand that the Government are not issuing advice against travelling to Tunisia, but is any advice being provided to those who are booked to go on holiday there over the coming weeks?

Obviously many Tunisians are already worried about their futures, both in terms of security and economically. I know it is early days and I welcome the fact that discussions have been held with Prime Minister Hollande and Chancellor Merkel but have there been any further discussions with the Tunisian Government? I am thinking not just about security issues but also about economic issues, which can have a huge impact on the local economy and the national economy and will raise other issues around security.

At the European Council, security and defence were rightly high on the agenda. It is a stark reminder, as we reflect on the 10th anniversary of 7/7, that this week alone there have been deadly terrorist attacks not only in Tunisia, but also in Kuwait and France. Meanwhile, the death toll in Syria and Iraq continues to rise. The Prime Minister has rightly recognised that this violence stems from an extremist ideology which hijacks and perverts the religion of Islam, and that this must be tackled at home as well as internationally. We must challenge such extremism, whatever its origins, and champion the values of peace, freedom of speech, tolerance and equality.

The noble Baroness may be aware from debates in your Lordships’ House on the then Counter-Terrorism and Security Bill that not only must our security forces and police have the resources, the numbers and the appropriate tools to be effective but action must be community-based, and all communities have to engage with government and other public bodies in a climate of trust. She will be aware that so many within the Muslim community are challenging ideological extremism and championing the values that lead to a more tolerant and peaceful society. In their considerations of the way forward, are the Government also giving further thought to how these individuals and communities can be supported in their work?

The noble Baroness will know that your Lordships’ House has been very concerned about migration, as discussed at the European Council, both in tackling the organised criminality that fuels it and the instability in north Africa and the Middle East that leads frightened and vulnerable people to risk their lives and those of their families. One of the conclusions of the European Council meeting is:

“Further to the Commission’s European Agenda on Migration, work should be taken forward on all dimensions of a comprehensive and systemic approach”.

Is she in a position today to explain what that means in practice and what action will be taken? The same document refers to,

“the reinforcement of the management of the Union’s external borders”.

What contribution did the UK make to that discussion, given the cuts that we have seen in our UK Border Force?

Finally, on Britain’s negotiations with Europe, can the noble Baroness inform your Lordships’ House whether there will be any treaty changes before the referendum takes place? I understand the Prime Minister’s political difficulties and the sensitivities around this but it is a really important issue. How long was he given to make his case at the summit? Perhaps she can help me: we are not clear at this stage what he is negotiating for. There is even confusion among those he is negotiating with about what he is negotiating for. British citizens, who are going to be asked to vote in a referendum, are also unclear what he is negotiating for. The Prime Minister said in his Statement that this was the first stage, “to kick off the technical work” between now and December. What exactly does that mean and what steps will be taken to keep the public informed?

It is a fact of geography that we are an island nation but all these issues impact on the lives of British citizens. Whether it is terrorism in Tunisia, refugees in the Mediterranean or the economy in Greece, these problems connect us all, and if we are to genuinely address them, we must do it together.

[Lord Wallace of Tankerness (LD)]

My Lords, I, too, thank the Leader of the House for repeating the Statement made by the Prime Minister. I certainly join her and the Leader of the Opposition in expressing on behalf of these Benches our condolences to those families who have lost loved ones through the senseless and brutal terrorist attack in Tunisia. Our heartfelt thoughts are with those who were injured in the attack and are seeking as best they can to recover from those injuries.

Like the Leader of the House and the Leader of the Opposition, I think it is important to pay tribute to the heroic members of staff who went to the assistance of those who had been injured, and the holidaymakers who helped. As was acknowledged by the Prime Minister, there has been a considerable immediate response by Foreign and Commonwealth Office staff, consular officials, the police and the Red Cross. These are all very welcome.

The Leader of the Opposition also reflected on those who have expressed the view that they wish to stay on holiday in Tunisia. I certainly heard one of them on the “Today” programme this morning. I cannot help but reflect that it is the resilience of ordinary people to terrorism that will ultimately undermine the hate of terrorist organisations.

The Government have talked about a “full spectrum” of measures to support Tunisia and to address the consequences of the appalling events of last Friday. In his Statement, the Prime Minister referred to working with President Hollande of France, Chancellor Merkel of Germany and Prime Minister Michel of Belgium to help Tunisia strengthen security. That is a particularly welcome example of proper co-operation within Europe to help Tunisia. As well as shedding some light on what kind of help is in mind, perhaps the Leader of the House could also acknowledge that in addition to security measures, wider economic support will clearly have to be given to nurture what is a fledgling democracy. There are historic ties between our two countries. If democracy is to take root and flourish, it is very important that we not only give economic help—given the inevitable damage there will be to the tourist trade—but help where we can to support the institutional arrangements in Tunisia. Will the Leader of the House also update the House on what influence the Government are bringing to bear on those countries in the Middle East with which we have good working relations in order to undermine sources of funding to ISIL?

I heard the Prime Minister reported in the press today talking about the values of democracy, justice, freedom and tolerance. It will be these values that will prevail. I certainly wish to endorse that but there is an age-old balance to be struck between security and these values and freedoms that we cherish. Can I therefore have a reassurance from the Leader of the House that, in addressing the necessary measures, it will also be important not to undermine those values which we think are so important in winning the battle against the intolerance of extremism?

To return to the EU Council meeting, we have heard about the dynamics of the meeting. The noble Baroness, Lady Smith of Basildon, asked just how long the Prime Minister had to make his case. At the end of an eight-page communiqué issued after the meeting, there are two—or, rather, one and a half lines—that say:

“The UK Prime Minister set out his plans for an (in/out) referendum in the UK. The European Council agreed to revert to the matter in December”.

It has been reported that this was done during what in other circumstances might be described as a pit stop. Some colour on how the Prime Minister presented his case would be very welcome.

The Prime Minister’s Statement talks about both reform and renegotiation. If there is to be renegotiation of the treaty and there is treaty change, it will almost inevitably require referendums in France, Ireland and Denmark. Can the Leader of the House perhaps clarify whether the Prime Minister is expecting treaty change? Will the referendum which we are having here be contingent on those treaty changes having been approved in the referendums of those EU countries which require them under their own constitutions? Or is it just the case that the Prime Minister is not very clear at this stage whether he wants reform or renegotiation and is hedging his bets?

With regard to migrants, do the Government accept that many of those crossing the Mediterranean are fleeing war and persecution in places such as Syria and Eritrea and are forced to undertake dangerous journeys due to a lack of safe and legal routes to find protection? A key part of the response to the crisis must be to offer refugees safe routes into the EU so that they no longer have to make such dangerous journeys or have to use the appalling means of people smugglers. Given that there are now 20 million refugees worldwide, I am sure that the noble Baroness will accept that to resettle just 20,000 must only be a starting point. She talked about the Prime Minister making further commitments in Bratislava recently. By one estimate, we have so far resettled 187 Syrians. There are estimates of nearly 4 million Syrian refugees, most living in Lebanon, Jordan and Turkey. Can she indicate, in the light of what the Prime Minister committed to in Bratislava, what numbers we expect to see as an increase?

Finally, I acknowledge that the United Kingdom did have and has exercised a legal right not to take part in this resettlement—the opt-out. Perhaps the Leader of the House will explain to your Lordships the moral case for that course of action.

House of Lords: Appointments

Baroness Smith of Basildon Excerpts

Thursday 25th June 2015 Lords Chamber

[Baroness Stowell of Beeston]

On the size of the House, it is worth our being aware of two points. First, since permanent retirement was made available to Peers last August, 27 noble Lords have retired. That is a far greater number than people expected when we brought in that provision. To me, that shows a good direction of travel; I am sure that a trend is now being set and more will follow. Secondly, the statistics for attendance in the previous Session show that the numbers are starting to go down.

[Baroness Smith of Basildon (Lab)]

My Lords, in opposition David Cameron pledged to cut the cost of politics, including by cutting the number of Members of Parliament in the other place. The noble Baroness talks about the numbers in this House, but is she aware that each year in government the Prime Minister has appointed more Members of your Lordships’ House than any Prime Minister in my lifetime, with more from the government parties than any Prime Minister in my lifetime? How does that contribute to cutting the cost of politics? How many more new Conservative government Peers does she expect on her Benches?

[Baroness Stowell of Beeston]

I remind the noble Baroness that the peerages created in the previous Parliament by my right honourable friend the Prime Minister included 47 Labour Peers. I remind her and all noble Lords that the cost of this House in the previous Parliament went down by about 13%. As individual Peers, we must not forget that we cost four times less per head than Members of the other place.