European Union (Notification of Withdrawal) Bill

Debate between Baroness Stowell of Beeston and Lord Tyler

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 1st March 2017 Lords Chamber

[Lord Tyler]

My Lords, I have now served in Parliament for over 25 years—roughly half that time in each House. I do not think the noble Lord who has just spoken has had experience of the House of Commons.

I want to address two insidious arguments. One argument—which we have heard often over recent days and the noble Lord has repeated it—is that somehow, the House of Lords should not intervene because the House of Commons has already spoken. If we take that argument to its extremity, there is no point in your Lordships’ House. It is simply giving ammunition to those, who are now increasing in number, who want a unicameral Parliament, who want to abolish this House, not just to reform it or to make it an elected Senate, as I do. I am very firmly in favour of a bicameral Parliament, as are my noble friends on these Benches, but there are now more people, many more people, who wish to abolish this House than want it to retain its present, appointed basis. That is very dangerous. If the noble Lord, Lord True, wants to persuade your Lordships’ House that we do not have a status on an issue as important as this, that we do not have a perfect right to tell the other place to think again, then I do not agree with him. It was evident from that very considerable vote on the earlier amendment that that is not the majority view in your Lordships’ House.

The other insidious argument which I think is really dangerous is to say, as many Members of your Lordships’ House seem to be saying, “Yes, we are very keen on the sovereignty of Parliament, but we are not prepared to reiterate that point now”. If not now, when? The Minister has on several occasions—he is persistent and sometimes persuasive—made a good point about some of the amendments that have come before your Lordships’ House about the process of negotiation; there will be other opportunities. There will not be another opportunity to set out a simple and sensible process within Parliament —both Houses—for the way we decide the outcome of the negotiations.

I was very impressed by the speech of the noble Lord, Lord Deben. He and I used to have discussions in the other place; I used to have to try to shadow him. He and the noble Viscount, Lord Hailsham, are the true Thatcherites, because they helped the great architect of the single market to make real sense for Britain of the single market, as, indeed, did the noble Lord, Lord Heseltine, who was here earlier. But I do not think that we can really wait for the end of the process to decide how Parliament is going to take the process. That is why I thought the contribution of the noble and learned Lord, Lord Hope, was so helpful. If the Government cannot, between now and Report, find a way of setting before our House and, in due course, the other place, a process that we can all agree is one that defends the sovereignty of Parliament, defends our rights, in both Houses, to take these important decisions, then the Government are seriously at fault and may well find themselves losing a vote in your Lordships’ House, albeit perhaps not with the same majority as on Amendment 9B.

This is an extremely important moment, not just for the future of our country—of course it is—but for the future of our Parliament. If we effectively tie one hand behind our back, in either House or both Houses collectively, then we are doing a great disservice to the whole principle of the sovereignty of Parliament. I do not know whether the noble Viscount, Lord Hailsham, is going to follow me but he is the ideal person to spell out the importance of defending Parliament against an elective dictatorship. It is clear from the attendance at this late hour, nearly 10.45 pm, that many in this Committee share these concerns about how we are approaching this issue. We have not got it right yet. The noble and learned Lord, Lord Hope, made a very valid point about the way these amendments have come forward. It is the Government’s responsibility to find a better solution to what I think we all agree is a very serious problem.

[Baroness Stowell of Beeston (Con)]

My Lords, I think we would serve ourselves a little better if we did not focus on this as an issue between this House and the other place, or, indeed, between the Executive and Parliament. We need to think about this as a matter which is between all of us, whichever House we sit in, whichever side of the argument we were on during the referendum campaign, and the people who are outside. It is important that we reflect on something that the noble Baroness, Lady Hayter, said on Monday during the debate on the single market. She quoted Lampedusa, saying that for things to stay the same, we have to change.

House of Lords: Composition

Debate between Baroness Stowell of Beeston and Lord Tyler

Tuesday 24th May 2016 Lords Chamber

[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.

[Lord Tyler (LD)]

My Lords, does the Leader of the House recall that all her colleagues in the Cabinet of the coalition Government supported the 2012 Bill which would have rectified the problem to which the noble Lord, Lord Foulkes, referred? Does she also recognise that the House of Commons gave that Bill a huge majority, of 338? Does she further recall that the colleagues in the other House of the noble Lord, Lord Foulkes, played party games and prevented that Bill proceeding?

Strathclyde Review

Debate between Baroness Stowell of Beeston and Lord Tyler

Wednesday 20th April 2016 Lords Chamber

[Lord Tyler]

To ask Her Majesty’s Government whether they will support the establishment of a Joint Committee to consider the recommendations of the Secondary Legislation Scrutiny Committee, the Constitution Committee and the Delegated Powers and Regulatory Reform Committee on the Strathclyde Review (Cm 9177).

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

My Lords, you get me either way.

We are considering the three reports carefully, one of which was published less than a week ago. We are doing so alongside consideration of the recommendations in my noble friend Lord Strathclyde’s review, on which the three reports are based. We will respond to those reports and my noble friend’s review in due course.

[Lord Tyler (LD)]

My Lords, does the Leader of the House now recognise, as do the three reports, that to a considerable extent the Strathclyde review was based on a false premise? We are not in this House challenging,

“the decisive role of the … House of Commons”;

what we are doing is seeking more effective scrutiny of Governments’ secondary legislation by both Houses of Parliament. Surely the right way to examine the range of options for Parliament is for both Houses together, MPs and Peers, to do so in a Joint Select Committee. Is the Leader of the House now listening to these three important committees of your Lordships’ House, or is she simply listening to No. 10?

[Baroness Stowell of Beeston]

My Lords, one thing that I know that we all agree on, from the many conversations I have had with noble Lords from around this House, is that we must protect this House’s role as an effective revising Chamber that holds the Government to account. I understand some of the points that the noble Lord makes, along with those that have been made by some of the committees of this House, and I will reflect on all the things that have been put forward. I think that it is premature for us to commission another review before the Government have responded to the review that they commissioned from my noble friend Lord Strathclyde. I need to be clear to the House that the Government are seeking something which is in the interest not just of the Government but of Parliament as a whole; that is, that the elected House has the final say on all legislation.

Strathclyde Review

Debate between Baroness Stowell of Beeston and Lord Tyler

Wednesday 13th January 2016 Lords Chamber

[Baroness Stowell of Beeston]

Okay, I am just going to make one simple point and then I really will move on. We are disagreeing because what happened previously were fatal Motions that we all understood to be fatal. On the Motions tabled in October, one side of this House is arguing that they were not fatal, the other side is arguing that they were. I am afraid that that disagreement is what has led us to have to ask my noble friend Lord Strathclyde to look at this issue and come forward with his report. He is trying to bring forward something which addresses the need of this House that has been outlined since 2000, when my noble friend Lord Wakeham first looked at this matter.

This House is influential when we act in a constructive and nonpartisan way. We do not need vetoes. The impact and effect that we have on legislation is very powerful, and we continue to have a very important role in our effect on the decisions that the Government make in legislation.

Many noble Lords said that this House should give up a veto only if there was some kind of trade-off for the Government to review how they use secondary legislation. This is a very important point. The speeches from the noble and learned Lord, Lord Judge, and my noble friend Lady Fookes were very powerful and they make a really important point. I said the same to the noble Lord, Lord Richard, when I delivered the Statement before Christmas. I am grateful to the noble and learned Lord and the noble Lord, Lord Hunt, for acknowledging that any criticism that Parliament may have of Governments for the use of secondary legislation is not new.

I also say to the House that I do not think that things are quite as bad as the House suggests in terms of our approach to secondary legislation—I do not just mean the Government, I mean the House as a whole. There is always room for improvement, but the number of SIs over the past 20 years has been pretty steady.

The committees of this House are very powerful and respected. The committee chaired by my noble friend Lady Fookes does a very good job of scrutinising delegated powers in primary legislation. Very often, the Government respond constructively to its recommendations. In the work that this House does on primary legislation, a lot of the changes that it makes are around the powers. My noble friend Lady Fookes has put forward some good arguments and ideas about how we can improve within government, and I will certainly take those away.

We should not forget that when SIs come into Parliament they are scrutinised by a Joint Committee of both Houses, as well as by the Secondary Legislation Scrutiny Committee chaired by my noble friend Lord Trefgarne. The tax credit SIs went through that JCSI, which is chaired by a Labour Member of the other place. In its report, the JCSI did not raise any questions or concerns about that tax credit SI.

Some have argued for a period of delay. Some have argued that it would be essential for us to ensure that we would introduce debates for the House of Commons when it considers secondary legislation. What is important, interesting and helpful to me is that, although there are different views being expressed today about how to operate without a veto, there are many noble Lords at least discussing the idea of not having a veto but having a new power instead of the veto. I am grateful to noble Lords for that response.

As I draw to a close, noble Lords have raised questions about a Joint Committee. I have already said that the work of the Joint Committee in 2006 was incredibly powerful, but I do not believe that right now we need another Joint Committee. We need to look at the options that have been put forward by my noble friend, but I know that my noble friend Lord Trefgarne and his committee have committed to looking at what has been proposed, and I am grateful to him.

As for the Commons looking at this, it is clearly for the other place to decide how it should scrutinise secondary legislation. However, as my noble friend Lord Crickhowell has identified, the Public Administration and Constitutional Affairs Select Committee in the other place has committed to look at what has been put forward by my noble friend Lord Strathclyde. It has a hearing next week at which he is giving evidence, so the Commons is also getting on with its consideration of this arrangement.

[Lord Tyler]

If the Leader of the House is dismissing out of hand the idea of a Joint Committee, how can she guarantee that the two Houses will think about this problem together? Members on all sides of the House have said how essential this is. How will she ensure that that happens?

[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.

Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015

Debate between Baroness Stowell of Beeston and Lord Tyler

Monday 26th October 2015 Lords Chamber

[Baroness Stowell of Beeston]

My Lords, we were very clear in the general election and in our manifesto that we would be introducing welfare savings of £12 billion and that these would be directed at working-age benefits. What we also did at the same time was promise a package of measures to support working families—a new settlement for the people of this country, so that they would continue to be better off in work and would continue to prosper. That is what we were very clear about in the general election campaign. That is what we were elected to deliver for the people of this country.

Secondly, the SI before us will increase the taper rate from 41% to 48%. This will mean that the rate at which tax credits are withdrawn will increase, but we will do so in a measured way with a gradual taper, which will still ensure that those on tax credits who work more will always take more pay home. Finally, it will reduce the income rise disregard, the in-year increase to an individual’s pay that can take place before their tax credit reward is recalculated, from £5,000 to £2,500—bringing it to a 10th of the rate it stood at when we came to power in 2010.

A sustainable economy which reduces inequality and provides opportunity for all means making choices. There are no easy options, but what we try to do is carefully balance spending and taxation decisions so that the richest pay the most towards services that are so vital to everyone, and the climate is right for everyone to seize opportunities to get on and to be successful. The Government’s job is to manage that in the fairest way while delivering the most important thing of all for working people: economic security and sound public finances.

The Government believe that as part of the overall package of measures that support working people, these changes to tax credits are right. If we want people to earn more and to keep more of their own money, we simply cannot keep recycling their money through a system that subsidises low pay. That is the Government’s case for these changes. But with the amendments we are due to consider, there are broader questions at stake, too, about our role in scrutinising secondary legislation and about the financial primacy of the other place.

I know that Members of this House on all Benches take their responsibilities very seriously and are committed to ensuring that the House fulfils its proper role, so let me be very clear. We as a Government do not support any of the amendments tabled to the Motion in my name, but I am also clear that the approach the right reverend Prelate takes in his amendment, by inviting the House to put on the record its concerns about our policy and calling on the Government to address them without challenging the clear and unequivocal decision made in the other place, is entirely in line with the long-standing traditions of your Lordships’ House.

The other three amendments take us into quite different and uncharted territory. All three, in the names of the noble Baronesses, Lady Manzoor, Lady Meacher and Lady Hollis, if agreed to, would mean that this House has withheld its approval of the statutory instrument. That would stand in direct contrast to the elected House of Commons, which has not only approved the instrument but reaffirmed its view on Division only last week. It would have the practical effect of preventing the implementation of a policy that will deliver £4.4 billion of savings to the Exchequer next year—a central plank of the Government’s fiscal policy as well as its welfare policy. It is a step that would challenge the primacy of the other place on financial matters.

I have been to see the Chancellor this morning at No. 11, and I can confirm that he will listen very carefully were the House to express its concern in the way that it is precedented for us to do so, and that is on the right reverend Prelate’s amendment. But this House will be able to express a view on that amendment only if the other three amendments on the Order Paper are rejected or withdrawn.

[Lord Tyler (LD)]

My Lords, the Leader of the House has given us the impression that there is some convention that prevents your Lordships’ House from voting on these amendments. I would ask her to look again at the report of the Joint Committee on Conventions entitled Conventions of the UK Parliament, which states clearly in paragraphs 227 and 228 that it is perfectly in order for your Lordships’ House to take a view on a statutory instrument of this nature and so,

“we conclude that the House of Lords should not regularly reject Statutory Instruments, but that in exceptional circumstances it may be appropriate for it to do so … The Government appear to consider that any defeat of an SI by the Lords is a breach of convention. We disagree”.

Your Lordships’ House and the other place approved the recommendations of the Joint Committee. If the Chancellor had wished to introduce a tax credit amendment Bill, he could of course have used the usual procedure and avoided the embarrassing situation that the Leader of the House is now outlining. He took a short cut to avoid debate, and he has now got the consequences.

[Noble Lords]

Hear, hear!

House of Lords: Appointments

Debate between Baroness Stowell of Beeston and Lord Tyler

Thursday 22nd October 2015 Lords Chamber

[Baroness Stowell of Beeston]

My Lords, I know that all noble Lords are always sceptical about what they read in the newspapers. I refer the House to what my right honourable friend the Prime Minister said yesterday when he was in the other place. He was very clear then about the role of this House. About Monday, the primacy of the House of Commons on financial matters has been respected by this House for over 400 years, as my right honourable friend the Prime Minister alluded to yesterday when he was responding to a question. The noble Baroness makes reference to one of the amendments that have been tabled for Monday. If any of those amendments is passed on Monday, the statutory instrument will not have been approved and that will be in direct contrast to the House of Commons already approving that statutory instrument and reaffirming its view only this week when asked to consider it again.

[Lord Tyler (LD)]

My Lords, the exchanges have already touched on the constitutional role of your Lordships’ House. Has the noble Baroness read the article which appeared in the Huffington Post on Tuesday, which is clearly the result of a briefing from the Treasury, headed “Tories Threaten To Suspend House of Lords” and which says that:

“One option is to simply suspend the Lords’ entire business, and process bills purely through the Commons”?

Maybe she would care to explain how that could be achieved. Could she take the opportunity to have a quiet word with the Chancellor of the Exchequer, say that perhaps he is spending too much time with the Chinese, and remind him that the last person who attempted to shut down a House of Parliament was King Charles I? What happened to him?

[Baroness Stowell of Beeston]

My Lords, as far as the Government are concerned, this House has a very important role in scrutinising the Government’s legislation and I am very confident that all Members of this House want to do that effectively. I want to provide the opportunity for this House to discharge its very important responsibilities in a way which is consistent with its role and which respects the primacy of the House of Commons on matters financial, and I am confident that on Monday that is what Members of your Lordships’ House will want to do.

English Votes for English Laws

Debate between Baroness Stowell of Beeston and Lord Tyler

Wednesday 21st October 2015 Lords Chamber

[Baroness Stowell of Beeston]

The process that the Speaker has to follow in order to certify Bills will apply. As regards Bills being subject to the certification process, there is no separate arrangement for a separate kind of Bill. Each Bill that is introduced into the House of Commons will be subject to that certification process. If there are aspects of a Bill which concern only England or England and Wales, they will follow the respective process which will allow for the English, or English and Welsh, MPs to have a greater voice and say on the decisions that affect only their constituents. That is what the English votes for English laws arrangements mean.

This is probably a good time for me to move on to the point raised by the noble Lord, Lord Butler, and others about the veto of English MPs and other matters of that kind. The important thing to stress is that what these provisions do is give a stronger voice to English MPs. We are not removing power from any Members of the other place. It is about giving a greater voice to English MPs. As far as a veto is concerned, the point that I have made in previous debates, and I stress again, is that what English MPs will not be able to do is initiate something without the approval of the whole House. They cannot overrule the whole House but neither can the rest of the House overrule them. It is about a power to stop something which directly affects their constituents and nobody else’s. It is not about them having a power to introduce something which would be for the benefit of their constituents only, without the support of the rest of the House.

[Lord Tyler]

Dancing on the top of pins at this time of night is not a happy experience. What is the basic difference in principle between a veto that stops something happening and, in the terms that the Leader has been explaining, one that prevents something from being initiated by a group? It is playing with words. It is semantics. If there is a veto, there is a veto, and that veto is going to be exercised—for the first time ever in the Westminster Parliament—by a smaller group than the whole Westminster Parliament, including, as we discovered earlier today, matters that come from this House to the other place.

[Baroness Stowell of Beeston]

I will come in a moment to ping-pong and how amendments made by this House are considered by the other place, but I disagree with the noble Lord about his interpretation of what I am saying. I am very clear that there is a difference between somebody having the power to stop something and somebody having the power to force something through that others are not in agreement with.

Moving on to this House, and to pick up the point raised by the noble Lord, Lord Tyler, as I have already said, our powers remain exactly the same and our procedures are not affected. We will be able to consider legislation in the future in exactly the same way as we do now. When we amend legislation and we send a Bill back to the other place, the Speaker will have to certify our amendments again. He will certify whether the amendments that have been made—

--- Later in debate ---

[Baroness Stowell of Beeston]

I just do not accept that argument. The House of Commons will consider our amendments. If we have decided to make amendments that affect only a certain group of constituencies, the English MPs, it will be for them to be able to send them back to us. The key thing which addresses the sovereignty point is that, in the end, both Houses have to agree. We will keep ping-ponging until we reach agreement.

Please let me make some progress, because I think that noble Lords want me to move on. On the issue of a Joint Committee, I fully accept and understand that when this matter was debated earlier, in the summer, this House was absolutely clear in its view that it wanted a Joint Committee of both Houses to look at the constitutional implications of English votes for English laws. As has been highlighted, I am the Leader of the House as a whole as well as the leader of the party in government and a member of the Government. I assure noble Lords that of course I made it clear that that was a firm view, resoundingly expressed by your Lordships’ House but, as I said earlier, and as I said when we debated this matter a couple of months ago, the Government are clear in their view about not wanting to delay the implementation of English votes for English laws.

My right honourable friend Chris Grayling has replied by approaching the Constitution Committee, as was outlined. Several committees in another place have been looking at the Government’s proposals: the Procedure Committee, the Public Affairs and Constitution Committee, and the Scottish Affairs Committee. The Government do not feel it necessary to create yet another committee to examine the matter, but I am grateful that the chairman of the Constitution Committee in your Lordships’ House, my noble friend Lord Lang, and his colleagues, have agreed to consider what the constitutional implications of the proposals may be and to feed in to the review to which I referred. I am grateful to my noble friend for what he said this evening about that work.

[Lord Tyler]

I think that all Members of your Lordships’ House appreciate the difficulties with which the Leader of the House is faced on this issue. I have one very small suggestion. In my experience, if the Government were to say that they wish the particular amendment which responds to the Motion from your Lordships’ House, the Speaker would be bound to ensure that there was an opportunity to vote on it. That is surely the very minimum that we should be asking the Leader of the House in the other place to do: simply to make sure that there is a proper response by the whole House of Commons to the whole House of Lords.

[Baroness Stowell of Beeston]

That matter now sits in the House of Commons. I am the Leader of the House of Lords. I am not the Leader of the House of Commons, as is very clear. That is something that we will now have to leave with the House of Commons and see how it wishes to consider it.

I shall draw to a conclusion and make a couple of brief points. Several points were made this evening about noble Lords feeling that this House is being ignored by this Government and that we are not taking seriously the need for our legislation to be properly scrutinised and debated in your Lordships’ House. I absolutely reject that opinion. Although we are no longer in coalition and this is a new Government, it is worth remembering that in the previous Parliament 21,000 amendments to government legislation were tabled in this House and 6,000 of them were passed or accepted. That is a measure of how seriously this House is taken and of the importance of its work. In the past few weeks, acknowledging the need for greater time to be applied for debating government legislation, we recommitted parts of the Energy Bill when we wanted to bring forward government amendments to it. The Government responded to the Secondary Legislation Select Committee when it asked for more information on a piece of secondary legislation. So I can assure noble Lords that I take very seriously indeed the role of this House and the need for it properly to scrutinise government legislation, and I will continue to do that—and I am very grateful to the noble Lord, Lord Kerr, for his remarks.

Points were made about the need for a constitutional convention for this and other matters to be considered. Noble Lords will have heard other members of the Government say from this Dispatch Box that we do not believe that a constitutional convention is the right way forward. We were very clear in our manifesto about the changes we want to make to provide greater devolution to all parts of the United Kingdom, and we made much of that during the general election campaign. Having been elected, we are seeking to deliver those commitments in our manifesto—and they include English votes for English laws.

House of Lords: Membership

Debate between Baroness Stowell of Beeston and Lord Tyler

Monday 7th September 2015 Lords Chamber

[Baroness Stowell of Beeston]

There is a convention that if a new Peer is a special adviser, they will be able to participate in the Division Lobbies but not contribute to debates. We do not necessarily know what decisions those individual special advisers will make as far as when they will make changes that will allow them to make a contribution, such as the most recent special adviser to join your Lordships’ House, my noble friend Lady Helic, who I am sure all noble Lords will feel has been a very welcome addition to our ranks.

[Lord Tyler (LD)]

My Lords, given that there are now many more people who favour the total abolition of your Lordships’ House than support its retention on an appointments basis, do the Government recognise just what a dangerous game they are playing by resisting all serious democratic reform? Do the Government also recognise that the previous Government succeeded in getting a Bill through Second Reading in the House of Commons with a very large majority? Does the Leader of the House think that the Prime Minister, who says that he regrets the lack of progress of that Bill, has the guts now to reintroduce it?

[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

House of Lords: Membership

Debate between Baroness Stowell of Beeston and Lord Tyler

Tuesday 21st July 2015 Lords Chamber

[Lord Tyler (LD)]

My Lords—

[Baroness Stowell of Beeston]

My Lords, do you want me to take control of this and answer the questions? It sounds like the House is calling for the noble Lord, Lord Pearson, first and then I am sure we will want to hear from the noble Lord, Lord Tyler.

--- Later in debate ---

[Baroness Stowell of Beeston]

The noble Lord is persistent in pursuing his point about what action noble Lords from the Liberal Democrat Benches might take in light of the recent election result, but I am certainly not going to respond on their behalf to his request. What is really important is that we are all mindful of the result of the last election in the way we do our work in this House.

[Lord Tyler (LD)]

My Lords, does the Leader recall that the coalition Government of which she was a very distinguished member introduced a Bill to sort out this little problem back in July 2012? It had a majority in the other House of 338 at Second Reading and the support of a majority in each of the three main parties. Indeed, it would have progressed to the statute book had it not been for some silly party games of the Labour leadership with Conservative Back-Benchers. This problem would have been resolved by now.

[Baroness Stowell of Beeston]

But the Bill did not succeed in making its way out of the House of Commons. The manifesto that we stood on at the last election said that we would not seek to introduce comprehensive reform at this time, and it was on that manifesto that we won the general election.

English Votes on English Laws

Debate between Baroness Stowell of Beeston and Lord Tyler

Thursday 2nd July 2015 Lords Chamber

[Baroness Stowell of Beeston]

My noble friend is a very experienced parliamentarian, but I really am not sure that I agree that, at this stage, this is something that requires this House to debate it. Before rising for the summer, the House of Commons will have a debate on changes to its own Standing Orders. Presumably, it will divide and decide on that. As I say, the procedures and powers in this House will not change. If that were to be the case, and something were to be different in the future, I would clearly reconsider the answer that I have given to my noble friend.

[Lord Tyler (LD)]

My Lords, I wonder whether the Leader will reconsider what she has just said. It may be true—we cannot tell yet—that these proposals will not affect the powers of your Lordships’ House. However, they are clearly going to affect the practice and process of the way in which we operate—there cannot be any doubt about that. She said that the proposals were only giving English MPs a voice, but the Statement makes it clear that that is not what they are being given—they are being given a veto. I beg her to listen to the noble Lord, Lord Butler, and indeed to the noble Lord, Lord Cormack. There are very important implications for the whole of the way in which Parliament is going to operate. Will she please clear up one other point? She says that there will be an assessment of the way in which this is operated after the completion of this Session. There seems to be a discrepancy between the Statement, which refers to a technical assessment of the operation of these new rules, and what she is saying. It is not just a technical assessment we need; it is a full political assessment of its impact on the way in which Parliament operates.

[Baroness Stowell of Beeston]

The Statement refers to a technical assessment by the Procedure Committee in the other place, but I also know that the committee will look at how this works over the next few months and there will be a proper process of review in that way. I feel that there is not really much more I can add to what I have said already to the noble Lord and to the House. It will be different in the House of Commons. I am not suggesting that it will not be. However, we will receive Bills here and then do our work in exactly the same way as we do now. We will not be constrained in any way. It is important that we do not lose sight of the fact that giving English MPs a voice on matters that are relevant only to their constituents is something that the public at large feel is right. That is what we are trying to deliver.

Legislative Scrutiny: Digitalisation

Debate between Baroness Stowell of Beeston and Lord Tyler

Wednesday 4th March 2015 Lords Chamber

[Baroness Stowell of Beeston]

As for the possibility of greater joint working, the noble Lord may or may not know that one commitment that we have made is for the Clerk of the Parliaments here to explore possibilities with his counterpart in the Commons. Alongside that, if we were to decide to go further down that route, clearly we would need to make sure in due course that we were in a very clear position to negotiate so that this House is never subordinate to the other House.

[Lord Tyler (LD)]

My Lords, is my noble friend aware that one of the suggestions made by the noble Baroness does not require any great technical innovation or, indeed, easy attention to the changes in the computerisation of our activities: placing the Explanatory Notes alongside the appropriate clauses in draft Bills or, indeed, Bills that come before your Lordships’ House? I did that with a Bill two years ago with cross-party support and drew it to the attention of some of her noble colleagues, but it does not seem that the Government have caught up.

[Baroness Stowell of Beeston]

I think I am right in saying that the innovation that will start at the beginning of the next Parliament, which, as I described, allows us to see tracked changes at the end of the Committee stage, will also allow access to the Explanatory Notes alongside it. What the noble Lord is suggesting is in train if it has not yet been implemented.

Parliament: Conventions

Debate between Baroness Stowell of Beeston and Lord Tyler

Monday 2nd March 2015 Lords Chamber

[Baroness Stowell of Beeston]

I think I will leave it to the other party leaders in this House to decide whether they would like to write to Messrs Miliband and Clegg, but I agree with the noble Lord that the primacy of the House of Commons should never be in doubt. I agree with him that form should always follow function and I am clear that the purpose of this House is to give the public confidence in the laws that Parliament makes. It is an essential part of what we do and should inform what we do and how we do it, both now and in the future, however we may be composed.

[Lord Tyler (LD)]

My Lords, I—among others, obviously—represented your Lordships’ House on the Joint Committee that looked at the conventions of Parliament. However, that was nine years ago. I suggest to my noble friend that, since that time, the era of single-party government may well have disappeared for ever.

[Lord Tyler]

Therefore, these conventions, as set out in our report, are long past their sell-by date. Have any discussions taken place, between the parties in this House and with the other place, on setting up a similar committee after the general election to look at the new situation?

[Baroness Stowell of Beeston]

I disagree with my noble friend because I think we have proved in the course of this Parliament that these conventions have, as I say, stood the test of time. Therefore, I believe that it is unnecessary to constitute another committee and that the conventions will be adaptable throughout the next Parliament.

Fixed-term Parliaments Act 2011

Debate between Baroness Stowell of Beeston and Lord Tyler

Tuesday 27th January 2015 Lords Chamber

[Lord Tyler (LD)]

My Lords—

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

My Lords, we have plenty of time. When two noble Lords stand up, perhaps one of them could be courteous to the other and decide to give way.

House of Lords: Governance

Debate between Baroness Stowell of Beeston and Lord Tyler

Tuesday 20th January 2015 Lords Chamber

[Baroness Stowell of Beeston]

I think that my noble friend is referring to this House specifically. We are a self-regulating House, and we are all responsible for ensuring that we do what we exist to do, fulfil our purpose and serve the public correctly. As for accountability, that is quite clearly shared between me, the Lord Speaker and the Chairman of Committees.

[Lord Tyler (LD)]

My Lords, is it not obvious that we are in one sense not a self-regulating House, in that so much of our business is in fact decided between the two Front Benches, through the usual channels? Would now not be a good time, bearing in mind what has been undertaken at the other end of the building, to revisit the recommendations of the group led by the noble Lord, Lord Goodlad, and, in particular, to look at the role of our Lord Speaker, who, after all, we elect to make sure that we are a self-regulating House—and, in particular, to look at her role, speechless, during Questions?

[Baroness Stowell of Beeston]

I do not know whether the noble Lord was present during our recent debate on procedures in this House, but I certainly made the point when responding to similar points raised during that debate that we are all accountable for ensuring that Question Time works efficiently. As for the responsibilities of the Lord Speaker, it was considered very carefully during this Parliament; there was a Division on the matter in this House, and the House decided that it would retain the role of Lord Speaker as it currently exists.

Implications of Devolution for England

Debate between Baroness Stowell of Beeston and Lord Tyler

Tuesday 16th December 2014 Lords Chamber

[Lord Tyler (LD)]

My Lords, as the Statement reported, the Liberal Democrats made a positive contribution to the Command Paper before us, setting out clearly our plans to strengthen devolution within England, so that, for example, the people of Yorkshire and Cornwall could have proper assemblies with proper local legislative and fiscal powers, akin to those now available in Wales. Does my noble friend agree that the first priority should be decentralising and devolving power out of this building, and out of Whitehall, and then having a constitutional convention that could look at how different representative bodies in the UK could interact with each other in those new circumstances and with the UK Parliament? Only then will the true, consequent remaining extent of the “English question” be clear. In other words, does she not agree that we should devolve power radically within England first, and worry about rearranging the Westminster deckchairs later?

[Baroness Stowell of Beeston]

This coalition Government have done a huge amount to decentralise within England. Much has been changed during our time in office. The key difference between the Conservative Party and the Liberal Democrats in terms of further decentralisation is that we, the Conservatives, support giving far more accountability and authority to people wherever they live, but what we do not support is the delegation of lawmaking out of Parliament. We believe that there should be one place for lawmaking in England—and that is Parliament.

Local Authorities: Local Plans

Debate between Baroness Stowell of Beeston and Lord Tyler

Tuesday 25th February 2014 Lords Chamber

[Lord Tyler]

To ask Her Majesty’s Government what steps local communities may take where a local authority has not prepared an up-to-date local plan; and what powers Ministers possess to encourage timely development of such plans.

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Stowell of Beeston) (Con)]

My Lords, local plans enable communities to participate in planning and are the best way to create great places and meet their needs. This Government have therefore put local plans at the heart of the planning system and will consult on introducing a statutory requirement on authorities to put plans in place. However, in the absence of a local plan, communities can still exercise a range of community rights, establish neighbourhood plans, and make their views known on all development proposed locally.

[Lord Tyler (LD)]

My Lords, I am delighted with my noble friend’s Answer—it is not often one can say that—but can she confirm that the Government recognise the urgency of this issue if there is to be a consistent pattern of district plans nationwide by the end of 2014? What steps can Ministers take now in advance of any statutory powers to ensure that a district such as the Cotswolds, which I know very well, of which 70% is in areas of outstanding beauty, does not drag its feet any longer? Does my noble friend agree that the absence of an up-to-date district local plan can make development control arbitrary, unfair and open to large-scale speculative development, threatening communities such as Tetbury and Chipping Camden?

[Baroness Stowell of Beeston]

My noble friend makes some interesting points. My first response to him is to restate that local plans are indeed the best way for local people to decide how best to meet their own planning needs. The Government are supporting local authorities to publish and adopt their plans, because we recognise that this is a complex process. We have trebled the number of local authorities with adopted plans since 2010. However, as I have said, because this is so important, we will consult shortly on whether to make adopting a plan a statutory requirement and, if so, by when.

Protests: Tent Pitching

Debate between Baroness Stowell of Beeston and Lord Tyler

Thursday 3rd November 2011 Lords Chamber

[Baroness Stowell of Beeston]

My Lords, I am responding to a Question about whether there should be emergency legislation to prevent people pitching tents in non-designated public spaces, but I understand the noble Lord’s point. The Government are very clear that people in all parts of the country are having to deal with wage freezes and wage cuts and that some are having to look for a new job. Those people are dealing with these difficulties and shouldering their share of responsibility and they are right to expect big banks and the big bosses in companies to take their fair share of responsibility as well.

[Lord Tyler]

My Lords, in congratulating my noble friend perhaps I may ask her to reiterate the Government’s decision to avoid a knee-jerk, piecemeal and authoritarian response on this issue. Given that the wisdom of our mutual friend Lord Cormack clearly trumps that of the Archbishop, the Bishop of London and the clergy of St Paul’s, perhaps I may also ask her to look particularly at the issue of Parliament Square. She will see some very sensible proposals which have come forward this very month from the Hansard Society—in a report entitled A Place for People: Proposals for Enhancing Visitor Engagement with Parliament’s Environs—that would enable us to take a sensible, long-range view and to deal comprehensively with the problems referred to.

[Baroness Stowell of Beeston]

Of course we will look carefully at the report to which my noble friend refers. However, I stress that we passed an Act in July of this year that introduced new measures that will put an end to the encampments in Parliament Square. These measures will be commenced shortly and at that time we will, thankfully, bring an end to the disruption that so many people have criticised and rightly complained about over many years.