Leader of the House: Cabinet Membership

Baroness Stowell of Beeston Excerpts

Wednesday 16th July 2014 Lords Chamber

[Lord Forsyth of Drumlean (Con)]

My Lords, I beg leave to ask a Question of which I have given private notice.

[The Chancellor of the Duchy of Lancaster (Baroness Stowell of Beeston)]

My Lords, I will attend Friday’s Cabinet, as my noble friend and predecessor Lord Hill would have done, and will be able to participate fully in Cabinet discussions just as he would have done.

[Lord Forsyth of Drumlean]

My Lords, I am sure that I speak for the whole House in congratulating my noble friend on her appointment, and I am sure that she will do a brilliant job as the Leader of the House. The Companion to the Standing Orders, in paragraph 4.03, on page 61, says:

“The Leader of the House is appointed by the Prime Minister, is a member of the Cabinet, and is responsible for the conduct of government business in the Lords”.

It says so because it is vital that the Leader of the House has the authority of a Cabinet Minister, especially given the large volume of legislation that comes from the other place undebated and unconsidered. She needs the authority to be able to say to other Cabinet Ministers, “This will not wash”, and to say to the Prime Minister, “I think you need to think again”.

Can my noble friend reassure me that the Prime Minister will bring the situation into line with our Standing Orders and with the guidance in the Companion? Is she really happy with a situation where, for the first time in the history of this House and of Cabinet government, there is no Cabinet Minister in this House? What sort of signal does that send to the Civil Service and others about the authority of this place in its important duty of revising legislation?

[Baroness Stowell of Beeston]

My Lords, my noble friend raises a number of important points. Clearly he is right to question whether the Leader of the House of Lords is fully equipped to do that job. I am absolutely confident that the Prime Minister has given me the authority I need to represent your Lordships in Cabinet. A few months ago, in answer to a Question on another topic, I said that sometimes I liked to think of myself as an action woman. I like to get things done. I do not need status in order to get things done. I have the authority I need and I shall be judged on the work that I do.

[Baroness Royall of Blaisdon (Lab)]

My Lords, I have no doubt that the noble Baroness can get things done. This is not about her status; it is about something much more profound. When I heard about this yesterday, I simply did not believe that it could be true. When it was confirmed later in the day, I was deeply dismayed that the Prime Minister could treat this House with such contempt. The men previously appointed to this post by the Prime Minister sat at the Cabinet table as full members. When it is in government, my own party will reverse this. I shall refer the issue to the Constitution Committee and I hope that it will ask the Prime Minister to give evidence.

I have a number of questions but for the moment I will confine myself to this. Other than for a party chair, what are the precedents for a political party paying part of the salary of a Cabinet Minister? Given that the Leader is the Leader of the whole House and not just of the Conservative Benches, surely this is both improper and unethical.

[Baroness Stowell of Beeston]

I would emphasise to the noble Baroness and to all noble Lords that I shall sit around the same Cabinet table and participate fully in its discussions in exactly the same way as all my predecessors did. It will be a great privilege to do so. As to her question about the salary that the post attracts, I can assure the House that careful consideration is being given to the propriety of any arrangement.

[Lord Cormack (Con)]

My Lords, what is at stake here is not the status of my noble friend but the status of this House.

[Baroness Stowell of Beeston]

I can tell my noble friend that I believe that we have a duty to uphold the reputation of the House as a serious and distinguished institution that serves the public interest. That is what we will be judged on and that is what I intend to do. I hope that I have the support of all noble Lords in fulfilling that responsibility.

[Lord Laming (CB)]

My Lords, does the Leader accept that she commands the full support of the House? There is no doubt about that. Lest there be any doubt, she should understand that the Cross-Bench Members of this House join with all other noble Lords in saying we believe that it is most important that the Leader of this House is a full member of the Cabinet.

[Baroness Stowell of Beeston]

I am grateful to the noble Lord. As I have already said, I understand why noble Lords are raising this issue. However, if I were concerned that the status I have been given as Leader were in any way diluted and would affect the practical way in which I shall conduct myself in fulfilling my responsibilities, I would clearly question it. I do not believe that it does.

[Lord Dholakia (LD)]

My Lords—

[Baroness Scotland of Asthal (Lab)]

My Lords—

[Baroness Stowell of Beeston]

I believe that we have not heard from the Lib Dem Benches.

[Lord Dholakia]

My Lords, does my noble friend agree that the important aspect of this appointment is that the status of a full member of the Cabinet enjoyed by the former Leader, the noble Lord, Lord Hill of Oareford, is in no way diminished by the present appointment? Would she give a categorical assurance that this will be so?

[Baroness Stowell of Beeston]

I say to my noble friend that, in all practical ways, I will contribute to Cabinet in exactly the same way as my predecessor. That is what the Prime Minister asked me to do.

[Lord Cunningham of Felling (Lab)]

My Lords, I first join with the noble Lord, Lord Forsyth of Drumlean, in saying that this Question has nothing to do with the ability or the integrity of the noble Baroness. These issues concern the status of this House. Does not history tell us that since 1902 the Leader of this House has been a full member of the Cabinet? What has happened is not that the noble Baroness has done anything wrong; it is that the Prime Minister has diminished the standing and rank of this House.

--- Later in debate ---

[Baroness Stowell of Beeston]

Some historians might question whether there has ever been a Leader of the Lords who was not a full member of the Cabinet. Some documentation I have seen suggests that one of my most distinguished predecessors, my noble friend Lord Carrington, was not a full member of the Cabinet when he was Leader of your Lordships’ House. I refer back to my point that the most important issue, in the context of the status of this House, is how we all conduct our responsibilities.

[Lord Crickhowell (Con)]

My Lords, it may be true about the time when my noble friend Lord Carrington was Leader of the House, but at least two other Cabinet Ministers at that time were from the House of Lords. Is my noble friend aware that there is no constitutional or formal limit on the size of the Cabinet? The only limit arises on paid members of the Cabinet under the 1975 Act. Therefore, it ought to be possible to arrive at a solution that enables the Cabinet to be large enough to provide what the whole House thinks should happen: that the Leader is a member of the Cabinet.

[Baroness Stowell of Beeston]

I can assure my noble friend that all options have been carefully explored. The decision the Prime Minister has made is the right one given the constraints under which he has to operate. I share his view on that matter.

[Baroness Scotland of Asthal]

My Lords, can the noble Baroness accept from all of us that she has our wholehearted support? However, can she not understand that this is a matter of constitutional importance? When she stands at the Dispatch Box she represents the whole of this House. When she says, on behalf of the Prime Minister, that she understands his position, will she not accept that no one else in this House does? Will she convey to him, in the strongest possible way, that it is this House’s view that he has committed what amounts to a constitutional outrage that this House does not accept?

[Baroness Stowell of Beeston]

I believe that, in making his appointments yesterday, the Prime Minister ensured that we have a Government well equipped to serve the people of this country. I have made the point about the status of the Leader of this House. Clearly, I understand the very strong views that have been expressed during the supplementary questions to this Question. However, for my part, I want to focus on how I do my job and what I do.

[Baroness Royall of Blaisdon]

My Lords, I realise that a Private Member’s Bill is now due to be introduced, but this is a self-regulating House and there are two or three more noble Lords who wish to put a supplementary question to the Leader of the House. I have the greatest sympathy for the noble Baroness but I ask whether, in this self-regulating House, those Members who still have a question to put to her can do so.

--- Later in debate ---

[Lord Elystan-Morgan (CB)]

My Lords, I respectfully put to the noble Baroness the Leader of the House that the Act which limits the number of Cabinet members to 23 essentially creates a first and second division. The first division comprises ex officio members of the Cabinet, and that is a special status. In the 300-year life of the Cabinet as we know it, there has never before been a situation when at least one Member of the Lords, and probably more than one Member, was not an ex officio member. Has the Prime Minister done this out of oversight or out of a deliberate policy in relation to this House?

[Baroness Stowell of Beeston]

My right honourable friend the Prime Minister clearly has to operate in accordance with the legislation that prescribes how many Cabinet posts can attract a salary. He has made his decisions on his appointments, as he is at liberty to do, and I believe that he has made those decisions properly. I understand that noble Lords want to keep debating this matter but, as there is very little more for me to offer beyond what I have said so far today, I can only repeat what I said: some important points have been made but I am quite clear that the status that the Prime Minister has afforded me accords me to do my job appropriately.

[Lord Foulkes of Cumnock (Lab)]

My Lords, does the noble Baroness recall that when Gordon Brown was Prime Minister, he had not just my noble friend Lady Royall as a full member of the Cabinet but my noble friends Lord Mandelson and Lord Adonis as well—there were three full members of the Cabinet. The noble Baroness is Leader of this House. Surely she recognises the view of this House. Why can she not go back to the Prime Minister and say, “This is the view of the House”, and then come and tell us whether the Prime Minister will reconsider his decision in the light of the views of this House?

[Baroness Stowell of Beeston]

My Lords, the Prime Minister in the previous Government was responsible for the appointments that he made and I am not going to comment on them. However, the one thing that I will say to the noble Lord is that it was the previous Government who decided to make a very substantial constitutional change to this House, leading to the removal of the Lord Chancellor from this House. As I have said, many points have been made in this debate and I am grateful to all noble Lords for what they have said.

Business of the House

Baroness Stowell of Beeston Excerpts

Tuesday 15th July 2014 Lords Chamber

Moved by

[Baroness Stowell of Beeston]

That Standing Order 46 (No two stages of a Bill to be taken on one day) be dispensed with on Wednesday 16 July and Thursday 17 July in respect of proceedings on the Finance Bill, the Supply and Appropriation (Main Estimates) Bill and any Data Retention and Investigatory Powers Bill; and that Standing Order 40(5) (Arrangement of the Order Paper) be dispensed with on Thursday 17 July.

Motion agreed.

Public Disorder

Baroness Stowell of Beeston Excerpts

Thursday 11th August 2011 Lords Chamber

[Baroness Stowell of Beeston]

I welcome the Prime Minister's Statement repeated by my noble friend. I was particularly pleased to hear of the Government’s intention to learn from the success of police forces such as that in Strathclyde and those from beyond these shores. Will my noble friend take this opportunity, given the Government's intention to look elsewhere to learn from the success of other police forces, to reconsider the criteria that have been set for applicants for the Met Police Commissioner's job, specifically the requirement that only British citizens need apply? If it is possible to reconsider those criteria in the light of recent events, will my noble friend consider delaying the deadline for applications, which I gather is tomorrow, so that we can go further than what the Prime Minister announced in his Statement?

[Baroness Anelay of St Johns]

My Lords, perhaps we might have as the last Back-Bench speaker the noble Baroness, Lady Farrington of Ribbleton, and then my noble friend will respond.

Procedure of the House: Select Committee Report

Baroness Stowell of Beeston Excerpts

Monday 27th June 2011 Lords Chamber

[Lord Tebbit]

My noble friend Lord Forsyth is exactly right. If we were to appoint people to the House in proportion to the votes cast at the last general election, on my calculations we should have about 24 UKIP Members and also, interestingly, about 14 Members of the BNP and a few Greens. I am not sure that that would be greeted with universal acclaim. However, it is clear that something has to be done.

I am beginning to think that we need a market solution. Perhaps whoever is working out these matters—somebody must be working them out, after all—should arrive at a conclusion as to how many Members they would like to leave this House. Let us say that the number is 100 in the first tranche. They could the issue a notice to tender for redundancy; the tenders would be issued in reverse order so the lowest tender would be able to achieve redundancy with some small amount of money. It would have the added attraction that we could look at each other’s estimates of how much we valued ourselves. I think this would add greatly to the mirth and hilarity not only of this House, but of the nation.

[Baroness Stowell of Beeston]

My Lords, I welcome the report and its limited recommendation. I see it as a positive step forward. I understand the decision to make only changes that do not require primary legislation at this time, but I hope that, as part of the scrutiny of House of Lords reform, or via some other mechanism, further and more far-reaching changes can be made.

I am concerned, especially if we are to remain an unelected Chamber that we respond adequately to the modern expectations people have of us as public servants. I agree with the noble Lord, Lord Parekh, about redundancy payments and that access to the Library and other facilities is a huge privilege. Because of that, I am disappointed that all Members granted leave of absence and permanent retirement will be treated equally and will continue to benefit from access rights. Attendance and participation in the legislative process is a privilege but it is what we as Peers are appointed to do. To people outside the Chamber, that is our job. Where else can someone decide not to do their job any more but retain the perks associated with it? On access to the Palace and its facilities, it seems wrong to me that those who have not bothered to fulfil their responsibilities to the House will be treated in the same way as those who have served the House well for a long time and have decided to retire for honourable reasons. Will the matter be reviewed again in another forum?

On a separate matter, Paragraph 63 of the Leader’s Group report recommended that,

“in future the honour of a life peerage should not automatically entail appointment to membership of the House, which should be reserved to those who are willing to make a significant commitment to public service in Parliament”.

I wholeheartedly support that recommendation, believing that if we are to remain unelected, there must be a clear set of expectations for Peers both in terms of attendance and active engagement, with penalties if a Peer fails to meet those expectations. Will my noble friend say whether the Joint Committee on reform of the House of Lords will consider options such as this?

[Lord Cormack]

My Lords, I was not going to say anything but I have been slightly provoked into doing so by my noble friend Lady Stowell of Beeston. It is very dangerous to talk of membership of this House as being a job. It is not a job; it is a calling to public service. It is also very dangerous to talk in terms of attendance as measuring the effectiveness or otherwise of a Member of your Lordships’ House. There are so many Members in this place—it was a sub-theme of our debate last week that this was the case—who are here because of what they have achieved outside and because of the knowledge, experience and expertise that they can bring to our proceedings. That is the essence of your Lordships’ House.

Noble Lords will know that I do not wish to see significant change in the manner of composition of this House. I, of course, accept that the number of Members is an issue and I welcome the thoughtful and constructive comments of my noble friend Lord Hunt and his committee. Clearly these things have to be examined by all of us. It has to be recognised that at some time each one of us should seek leave of absence. It is not retirement, nor should it be provided with a consolation prize of dining rights and Library access, even though it might, as a courtesy, be good to have that. We have to face up to these issues. We certainly should not be dictated to by arbitrary retirement ages. There are those in the House, far, far, older than I, who make a magnificent contribution to our proceedings, sometimes regularly and sometimes less so, but when they speak the House listens. One has only to cite the example of the remarkable speech last week of the noble Baroness, Lady Boothroyd, to illustrate that fact. This is an issue that must be dealt with extremely carefully and sensitively. Please let none of us be seduced into talking of our presence here as holding a job.