Outcome of the European Union Referendum

Debate between Baroness Stowell of Beeston and Lord Foulkes of Cumnock

Tuesday 5th July 2016 Lords Chamber

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

My Lords, our debate today has the potential to be one of the most significant in the recent history of your Lordships’ House. Indeed, I see today as a real opportunity for us as a House to reflect on the decision that has been made and to offer some clear thinking about the issues we now face as a country. It is an opportunity for the House of Lords to show why it exists.

In repeating several Statements over the last week, I have set out the views of Her Majesty’s Government, and I want today to be much more than an occasion for me to set them out again. Over the next two days my noble friend Lady Anelay and I are here primarily to listen, so, in opening, I will try to start the process of reflection by offering my perspective both on the vote itself and on the responsibilities incumbent on this House, as I see them, in the weeks and months ahead.

To state the obvious first, the referendum was a momentous democratic exercise. Over the weeks of the campaign we saw passionate cases put forward by both sides and, more importantly, we saw voters engage with an enthusiasm that we had not seen for many years. Indeed, more than 33 million people from across the UK and Gibraltar exercised their democratic right.

I appreciate that when the votes were counted it was not the result that many of us may have wanted— indeed, 48% of us voted to remain—but the result was clear. By a margin of more than 1 million, 52% of the people who voted elected for the United Kingdom to leave the European Union—an instruction that this Government, and all of us, must respect and seek to act on.

[Lord Foulkes of Cumnock (Lab)]

Will the noble Baroness give way?

[Noble Lords]

No.

European Council

Debate between Baroness Stowell of Beeston and Lord Foulkes of Cumnock

Wednesday 29th June 2016 Lords Chamber

[Lord Foulkes of Cumnock (Lab)]

Extend the time.

[Baroness Stowell of Beeston]

Order, order. I am so sorry, my Lords. As noble Lords know, we do not have points of order in this House.

[Lord Foulkes of Cumnock]

Why?

[Baroness Stowell of Beeston]

We are now moving on to the next Statement. The noble Lord asks about the time allocated to Back-Bench questions. As he knows—I think that he was here in the House on Monday—I was very happy to extend the time on Monday for Back-Bench questions. I have repeated this Statement today. We have scheduled time on Tuesday next week for a full day’s debate for noble Lords to debate Europe and we will have a series of debates on Thursday. I know that there is much that noble Lords want to debate and question, and there will be lots of opportunities, but I am afraid that we have to continue with our other business. My noble friend Lord Ahmad is about to make a very important Statement which covers some of the topics that noble Lords have been raising. I am sorry, but we are going to move on. I just want to explain to the House what it is that we are doing right now. My noble friend is now going to move on.

Business of the House

Debate between Baroness Stowell of Beeston and Lord Foulkes of Cumnock

Thursday 9th June 2016 Lords Chamber

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

My Lords, I beg to move the first Motion standing in my name on the Order Paper.

[Lord Foulkes of Cumnock (Lab)]

My Lords, I wonder whether the Leader of the House can help me in relation to business of the House. In the other place, if a Minister misleads the House, it can be raised on a point of order. We do not have that procedure. On Tuesday, the noble Baroness, Lady Verma, told the House that the St Helena airport was open, and it is not. She said that RMS “St Helena” was going to be available to continue taking people on and off the island; at that very moment, RMS “St Helena” was sailing up the Thames, about to be decommissioned, apparently. Could the Leader of the House arrange for the noble Baroness, Lady Verma, to make a Statement to the House next week correcting the mistake she has made and giving us true information about the situation regarding the airport on St Helena?

[Baroness Stowell of Beeston]

On the procedural point that the noble Lord raised, as he has acknowledged, we do not have points of order in this House. That is an established arrangement in the way we conduct our business. I will have to take away the substantive point that he has raised and explore it further, and give it proper and due consideration.

House of Lords: Composition

Debate between Baroness Stowell of Beeston and Lord Foulkes of Cumnock

Tuesday 24th May 2016 Lords Chamber

[Lord Foulkes of Cumnock]

To ask Her Majesty’s Government what plans they have to make the composition of the House of Lords more representative of the nations and regions of the United Kingdom.

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

My Lords, Members of your Lordships’ House come from all corners of the United Kingdom, but we do not represent those nations and regions. We all work on behalf of the United Kingdom as a whole. Any change in that respect would be fundamental. As is clear from the Conservative manifesto, comprehensive reform of this House is not a priority in this Parliament.

[Lord Foulkes of Cumnock (Lab)]

Did the Leader of the House not see the Answer that I received from her colleague in the Ministry of Justice which stated that out of 808 Writs issued to Peers to attend this House in this Parliament, 385 were to Peers living in London, with very few in Wales, in the east and West Midlands, in the north-east and north-west of England and in Yorkshire and Humberside? To reflect all those interests properly, is it not better to have people from all quarters of the United Kingdom? Will the Leader of the House look at ways in which this terrible imbalance can be rectified?

[Baroness Stowell of Beeston]

My Lords, the noble Lord is right that certain parts of the United Kingdom are better represented than others. I believe that for us to be effective as a House it is important that we all offer a range of backgrounds, experiences and expertise. However, because we are unelected and do not have responsibility to represent any parts of the United Kingdom, it is not an easy question for us to remedy, but it is certainly one that I shall reflect on.

Immigration: Harmondsworth

Debate between Baroness Stowell of Beeston and Lord Foulkes of Cumnock

Thursday 3rd March 2016 Lords Chamber

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

Order. Why does not the noble Lord, Lord Foulkes, ask a question?

[Lord Foulkes of Cumnock]

My Lords, we have gone through four Questions this morning. Has the Minister, like me, been thinking, “How long will it be before we can forgive the Liberal Democrats for not dealing with these problems when they were part of the coalition”?

European Council

Debate between Baroness Stowell of Beeston and Lord Foulkes of Cumnock

Monday 22nd February 2016 Lords Chamber

[Baroness Stowell of Beeston]

My noble friend is right to say that there is an alternative—of course there is an alternative. That is why there are two choices for the British people: to leave or to remain. The alternative—and it may be something like the Norway model—is not inconceivable, but it would not be without cost and is not something that we should walk blindly into without recognising that it brings with it its own disadvantages. We have to be clear what the alternative is. That is what the next few weeks and months will have to be about in this debate: if there is an alternative, what is it?

[Lord Foulkes of Cumnock (Lab)]

My Lords, can I follow up on the particular point that has just been raised and the excellent point that was raised by my noble friend Lord Hain? Since the Minister and I are on exactly the same side—enthusiastically, and for the first time ever, I think—can I ask her a favour? Will she go back to the Cabinet and say, “Let us find some way of requiring these people who are against the present arrangement to put forward their alternatives so that we can examine them in detail”? They need to be required to do that so we can see clearly what the alternative is. If the Cabinet can come up with some kind of arrangement for that, I will give it and the Minister three cheers.

[Baroness Stowell of Beeston]

It is for those who want to campaign to leave to come up with their arguments and the case for that. It is not for me, on the opposite side of the argument, to try to find a mechanism for them to do so; that is their responsibility. We will go through the process of formally designating the leave campaign and, as part of that process, I imagine that the respective group that is successful will be the one that the Electoral Commission feels has covered all the requirements set out for it.

European Union: United Kingdom Renegotiation

Debate between Baroness Stowell of Beeston and Lord Foulkes of Cumnock

Thursday 4th February 2016 Lords Chamber

[Baroness Stowell of Beeston]

I am happy to reassure my noble friend about two things on the emergency brake. First, the Commission has made it clear that in its view the emergency brake would apply immediately, assuming that the British people decide that they want to remain in Europe. It is worth reminding ourselves that not only has the Commission said that but President Juncker also said yesterday that this was a good deal in response to the failure of the previous Labour Government to protect the UK from an increase in immigration from the accession countries when they had opportunity to do so. This has been signalled as a ready-to-apply and will apply immediately if this is what the British people vote for.

Secondly, as far as benefits at local rate are concerned, the Prime Minister outlined our response and reaction to what is in the Tusk proposal. Clearly, we are confident that if that is what is in the deal and package we would be able to administer that arrangement.

[Lord Foulkes of Cumnock (Lab)]

My Lords, will the noble Baroness the Leader confirm that it is the United Kingdom that is the member of the European Union and that it does not matter if any principality, province or nation of the United Kingdom votes differently? It is the decision of the people of the whole of the United Kingdom that will be decisive in the referendum.

[Baroness Stowell of Beeston]

I want to take this rare opportunity to say to the noble Lord, Lord Foulkes, that I agree with him.

Strathclyde Review

Debate between Baroness Stowell of Beeston and Lord Foulkes of Cumnock

Wednesday 13th January 2016 Lords Chamber

[Baroness Stowell of Beeston]

It had already decided what its view was on the statutory instrument and we do not have that mechanism for a dialogue.

The role of this House and its powers on SIs is not a new issue; this is something that we have heard from many noble Lords speaking today. My noble friend Lord Wakeham, through his royal commission, and other noble Lords have grappled with this issue in the past. Over the past few months, and indeed through today’s debate, what has crystallised, for me, is the fact that there is no clear agreement among us about how we exercise our powers. We are still debating and still disagreeing today about whether the Motions that were tabled in October were fatal or non-fatal. I feel that, for us to be effective, we cannot sustain that lack of agreement between us about how we use our powers.

The noble Lord, Lord Grocott, was the first person that I noted down who said, “It’s not broke so let’s not fix it”, but he was not the only one who made that point; in fact, the noble Lord, Lord Hunt of Kings Heath, said the same. But, as my noble friend Lord Strathclyde and others argued, conventions work only when both sides agree on what they mean in practice. The noble Lord, Lord Grocott, looked back on the submissions made by my noble friend when we were in opposition. I also looked at the submissions made to the Joint Committee on Conventions by the noble Lord’s Government when they were in power. Back then, the then Labour Government said in their submission:

“A contested convention is not a convention at all”.

I agree. That is the problem we have at the moment—we are contesting.

For us to fulfil our role effectively, we need clarity, simplicity and certainty—what my noble friend outlined as principles in his report—and we need to ensure that the other place has the decisive say on secondary legislation, just as is the case when we consider Bills. My noble friend’s report gives us the opportunity to consider how we could do things differently and tackle the long-standing questions raised.

Before I talk about some of the options that my noble friend outlined and the responses to some of those that he put forward, I should be clear that the Government are still listening. Tonight I will not offer any government response to what he put forward in his report—the options and the recommendation. In terms of considering the way forward, the Government will take account of this debate, which is why it has been such a valuable exercise. The noble Lord, Lord Foulkes, asked earlier that we should consider, and I am considering what has been argued—I am taking it on board. I have listened carefully to the debate tonight.

[Lord Foulkes of Cumnock]

I respect what the noble Baroness says, but in her remarks so far she gives no evidence whatever of having taken account of any of the comments made right around the House. Could she make it clear how all the points made—the very good suggestions from every quarter of the House—will be brought together, considered by the Government and dealt with? Will they look at setting up a Joint Committee?

[Baroness Stowell of Beeston]

I am conscious of time; everybody is tired. I am going to come on to that; I have just said that that is what I am going to come on to, and I will.

Some noble Lords thought that it would be best to proceed without legislation and instead to codify the convention; certainly there is an argument to be made in respect of that, but that approach would require us to restore a shared understanding about the convention underpinning our power of veto. Most noble Lords focused their comments on the third option put forward by my noble friend, the one that he recommends—as he described it, the ping without a pong. He suggests that that would replace this House’s power of veto with a new power to ask the other place to think again, with the House of Commons having the final say.

What he is recommending there is what noble Lords are arguing for. However, some thought that it would be necessary to retain the veto available to us now. I stress again that all these things are under consideration, but it is important for me to point out that we do not have an absolute veto when it comes to primary legislation. The new power that my noble friend suggests would be more in keeping with the role of this House, and the desire it has to ask the other House to think again.

The noble Baronesses, Lady Taylor and Lady Smith, and the noble Lord, Lord Hunt, and others asked me from the Labour side of the House to consider what was possible that would have some longevity and was not about just advancement for any particular party in government. Again, I found it very helpful to revisit what the Labour Party said to the Joint Committee on Conventions about the veto when they were in power. Forgive me for singling out the noble Lord, Lord Grocott, again but it was he who made this point to the Joint Committee. He said that,

“the House of Lords can veto secondary legislation … the very legitimate question arises … whether it would be sensible to consider the proposition that the Lords in respect of secondary legislation should do what it does with primary legislation, and see its function as being a delaying, revising chamber but not a vetoing chamber. That is really the question that is being put”.

--- Later in debate ---

[Baroness Stowell of Beeston]

The point is to make sure that the House of Commons has the final say on secondary legislation. It has set out how it wishes to consider what has been put forward by my noble friend. He has put forward his options after extensive consultation with Members of the other place, as well as with Members of your Lordships’ House.

There is clearly much for me to reflect on from this debate. I will do so with my colleagues in government. I am sincere when I say that the contributions have been very valuable. We have not come to any conclusions in government.

[Lord Foulkes of Cumnock]

The noble Baroness has said that she has not come to any conclusion, yet she has said that she is not going forward with a Joint Committee. How are the Government going forward? A lot of good suggestions have been made in this House. If we are not to waste the whole day that we have spent on this, she must indicate to the House how the Government will take this forward.

[Baroness Stowell of Beeston]

I have said what we are doing. We will reflect on the very important points that have been made today. My noble friend Lord Trefgarne and his committee will be looking at what has been put forward. There may be other committees of your Lordships’ House that wish to do so as well. We will be considering this in the period ahead; at an appropriate point we will consider which is the best way forward, and I will return to your Lordships’ House.

My noble friend has done a comprehensive piece of work. As my noble friend Lord Wakeham said, what is in my noble friend’s report is very similar to what was in the report of his commission 16 years ago. Many noble Lords have pointed to that as a way forward. I am not reaching any conclusion tonight on the right way forward, but my noble friend Lord Wakeham’s point is very important and it is worth us all dwelling on it.

English Votes for English Laws

Debate between Baroness Stowell of Beeston and Lord Foulkes of Cumnock

Wednesday 21st October 2015 Lords Chamber

[Lord Foulkes of Cumnock (Lab)]

My Lords, I am sorry to intervene at such an early stage. The noble Baroness will recall that this House divided on a Motion to set up a Joint Committee of the Commons and the Lords. I wonder if she can tell the House what response we have had from the Commons to that proposal.

[Baroness Stowell of Beeston]

The noble Lord is quite right and I can assure him that I will come to that matter in my remarks. There is no way that I would seek to ignore that important point.

As I have said, our proposals will give the English a strong voice on English matters and we will respect the right of every MP from every part of the UK to debate and vote on every piece of legislation in the House of Commons. What we would argue is that our approach is pragmatic and proportionate. As noble Lords know, we do not propose to give English MPs a Parliament or the right to initiate legislation alone. What we are proposing instead is simply that where legislation affects England or England and Wales only, it cannot progress against the will of English or English and Welsh MPs. Just as the proposals are pragmatic, so they are flexible. Before the Summer Recess, Members of both Houses called for more time for reflection, and my right honourable friend the Leader of the House of Commons pledged to take the proposals away and consider them further, and that is what he has done. In that time he has listened to representations from a variety of sources, and has given evidence to and engaged with several committees in the other place. He has now come forward with his revised proposals which take account of the concerns raised. The end result is a workable and sensible model to deliver English votes for English laws.

Intelligence and Security Committee of Parliament

Debate between Baroness Stowell of Beeston and Lord Foulkes of Cumnock

Monday 14th September 2015 Lords Chamber

[Baroness Stowell of Beeston]

My Lords, the noble Lord, Lord Foulkes, is right to say that until the beginning of the previous Parliament in 2010 there was only one Member of your Lordships’ House on the Intelligence and Security Committee. It was David Cameron, as Prime Minister, who thought at the start of the previous Parliament that it was right to extend that to two Members of your Lordships’ House.

When it comes to the breakdown of the ISC’s membership, it is worth me making two points to noble Lords. The first is that the ISC is not a Joint Committee of both Houses in the conventional sense; it is established by statute. It has nine places on it. As is customary, the Prime Minister consulted the Leader of the Opposition in the summer and—again, as is customary—it was the Leader of Her Majesty’s Opposition who decided how she, as acting leader, wished to allocate the three places that had been provided for the main opposition party.

[Lord Foulkes of Cumnock]

I wonder whether the noble Baroness—

[Baroness Stowell of Beeston]

Perhaps the noble Lord will allow me to finish. The Leader of the Opposition has decided who will fill the three places that will represent the Labour Party on the committee, and they will be Members of the other place.

We feel it is right to follow the custom that has been in place for a long time, whereby one Member from the governing party in this House and one Member from the independent Cross Benches are on the committee. I am very pleased that the noble Lord, Lord Janvrin, responded to the Prime Minister’s invitation and accepted his nomination, and I believe that the noble Lord, along with my noble friend Lord Lothian, will do an exceptional job representing this House on the very important Intelligence and Security Committee.

In response to the points raised about funding and accommodation, I do not have to hand information on the respective contribution that the two Houses make to funding, but I will be very happy to provide a letter in reply to that question and place it in the Library. However, I assure all noble Lords that no matter, whether it is about funding or about accommodation, has played any part whatever in the important nominations that the Prime Minister has made. I know full well that the noble Lord, Lord Janvrin, and my noble friend Lord Lothian will do an exceptional job and that they will take very seriously the responsibilities of sitting on this important committee.

Airports Commission

Debate between Baroness Stowell of Beeston and Lord Foulkes of Cumnock

Monday 7th September 2015 Lords Chamber

[Lord Foulkes of Cumnock (Lab)]

My Lords, I wonder if the Minister would make an educated guess—

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

Order. It is actually the turn of the Liberal Democrat Benches.

English Votes for English Laws

Debate between Baroness Stowell of Beeston and Lord Foulkes of Cumnock

Thursday 16th July 2015 Lords Chamber

[Baroness Stowell of Beeston]

No, it has not been added as a last-minute afterthought. What is made clear in the proposals that have been brought forward and published this week is a clarification of what was originally intended.

The noble Lord, Lord Butler, the noble Baroness, Lady Boothroyd, and others asked why we have not brought measures forward on a statutory footing. Standing Orders are the usual means by which procedural changes are made in the other place. But my right honourable friend the Leader of the House of Commons has confirmed that we will review the way forward in 12 months’ time, once the first Bills subject to the new procedures have reached Royal Assent. We have not ruled out legislation being considered at that point. I note the comment from the noble Lord, Lord Lisvane, that legislation would risk bringing the courts into Parliament. That is something we clearly wish to avoid. But more importantly, by approaching these modest changes in a modest way, via Standing Orders, we will allow them to be tested properly, in real time, with legislation. As my right honourable friend the Leader of the Commons said, we will put them to review in a year’s time, reviewing them properly then.

The noble Baroness, Lady Boothroyd, raised some questions about the role of the Speaker, as did the noble and learned Lord, Lord Wallace. Clearly the noble Baroness knows far more about what is involved in being the Speaker of the other place than I would ever dare to consider. It is, as she will know, the responsibility of the Speaker to make impartial judgments in a political environment. We believe that giving the responsibility to the Speaker to certify the legislation that the Government bring forward is more appropriate than inviting the Government or the usual channels to do so. That is a much more appropriate way forward.

As to the complexity of the decisions that will have to be made on the extent of the Bills, the noble and learned Lord, Lord Wallace, is right: these are sometimes technical decisions but we make our existing processes work when it is necessary for decisions to be made on legislative consent Motions, and I am confident that the same can apply in this case.

As I said when I repeated the Statement last week, it is important to acknowledge that while we are clearly interested in English votes for English laws, the changes that are being brought about apply only to the other place. Our role as a revising Chamber, the part we play and the powers available to us remain just as they are now and our procedures do not change. Noble Lords have suggested that none the less there could be implications in practice for this House. That is something in which I, along with all noble Lords, will take a very strong interest as these changes are rolled out in the House of Commons, and if any issues were to emerge, I would consider it very properly my responsibility to ensure that we have an opportunity to contribute to the review process that has been promised in a year’s time. But we must be careful, as I say, to respect the right of the other place to consider its procedures, in the same way as we would expect it to do when we consider our own.

All that said, of course I appreciate the strong desire among noble Lords for a debate here to inform proceedings in the other place at this early stage. I can just hear some noble Lords making those comments from a sedentary position. As I say, I have been reflecting on this and I think that it is right that we provide some additional time. My noble friend the Chief Whip and I have been looking at this and I propose to arrange a further debate after the Summer Recess in September, in government time and without a time limit, because I recognise that time has been tight today. While I urge noble Lords to keep in mind that ultimately these are matters for decisions in another place in so far as they affect its procedures, I am happy none the less to ensure that we provide that time for a debate so that we can contribute in the way that I feel is most appropriate.

[Lord Foulkes of Cumnock]

My Lords—

[Baroness Stowell of Beeston]

I am running out of time so if the noble Lord will forgive me, I would like to make progress and comment on the proposal of the noble Lord, Lord Butler, for a Joint Committee, which is an important topic.

[Lord Foulkes of Cumnock]

I wonder—

Palace of Westminster Committee

Debate between Baroness Stowell of Beeston and Lord Foulkes of Cumnock

Thursday 9th July 2015 Lords Chamber

[Baroness Stowell of Beeston]

Coming back to the topic of this Motion, I make it clear to the noble Baroness and to the House that it has been my view that the membership of the restoration and renewal Joint Committee should be equal in numbers and in approach in terms of this House and the other place. I am just waiting for the House of Commons to confirm its approach before we finalise our own because I am trying to achieve exactly that aim—making sure that there is a proper balance in the way that the Joint Committee is formed. I hope that that gives the noble Baroness and the House the assurance that they are looking for. Therefore, we will be equally represented in number, and I might even suggest to your Lordships that the team of members from this House will be more powerful and more authoritative, because, quite frankly, that is what I think we are.

I note what the noble Lord, Lord Butler, said about the decision in the House of Commons regarding English votes for English laws, but I say to him, as I say to the noble Baroness and to the House as a whole, that the House of Commons is debating changes to its Standing Orders.

[Lord Foulkes of Cumnock]

That will affect us.

[Baroness Stowell of Beeston]

I note that a noble Lord said from a sedentary position that that will affect us. However, the processes and procedures of our House will not be affected by any changes to the Standing Orders in the other place.

Arrangement of Business

Debate between Baroness Stowell of Beeston and Lord Foulkes of Cumnock

Tuesday 7th July 2015 Lords Chamber

[Lord Foulkes of Cumnock (Lab)]

My Lords, before we move on to the next business, I have been sitting in the Lords Gallery in the other place in the debate on English votes for English laws, which has serious consequences for constitutional issues of interest to this House. Will the Leader of the House or the Chief Whip give an assurance that, before any changes are made, this House will have an opportunity to debate the matter?

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

My Lords, it is rather unconventional for the noble Lord to stand up to ask a question when a Motion or Question has not been tabled. However, I can tell the House that somebody was successful today in the ballot for a topical QSD on this topic, so there will be a debate under those terms a week on Thursday.