Peerages: Letters Patent

Lord Butler of Brockwell Excerpts

Thursday 17th November 2022 Lords Chamber

[Baroness Neville-Rolfe (Con)]

It is a convention that has been observed by successive Governments that a resignation honours list can be put forward by a departing Prime Minister. It can take a bit of time: I think that Theresa May and John Major took a few months to put their resignation lists together. They are then forwarded to the Prime Minister of the day. The practice now is that the House of Lords Appointments Commission looks at proposals and makes recommendations, which are taken into account by the Prime Minister in the confidential advice that he offers the sovereign.

[Lord Butler of Brockwell (CB)]

My Lords, I am sure that before tomorrow’s debate the Minister will study the Bill proposed by the noble Lord, Lord Norton, and I think she will see that it does not propose that the Appointments Commission should determine membership of this House but that that responsibility should remain with the Prime Minister.

[Baroness Neville-Rolfe (Con)]

I am so grateful to my former boss for that excellent point of clarification. I shall listen very carefully throughout the Norton debate, and bear in mind the need to look at the detail and be very careful.

Standards of Behaviour and Honesty in Political Life

Lord Butler of Brockwell Excerpts

Thursday 23rd June 2022 Lords Chamber

[Lord Butler of Brockwell (CB)]

My Lords, this is the second successive Thursday on which the House has called on the noble Lord, Lord True, to demonstrate his skill at the Dispatch Box in batting on a sticky wicket. Without dissenting from anything that has been said in the debate, I may surprise him by offering the Government some support about the mechanics of upholding ministerial standards, albeit with a major qualification.

I do not think any of us would challenge the proposition in the Motion in the name of the noble Lord, Lord Morse, that a

“reduction in the standards of … honesty in political life”

has an

“impact on the democratic process”.

Various studies, including one reported by the Committee on Standards in Public Life, indicate the public view that Ministers and MPs have poor ethical standards in comparison with others who deliver public services, such as doctors, teachers, judges and local government officials. Such a loss of confidence between the Government and the governed is very serious.

However, here is my support for the Government. The Government’s response, published on 27 May, to the Committee on Standards in Public Life’s recommendations on the Ministerial Code, seems to me largely right, despite criticisms in the media. The Government have taken a measure to introduce gradations in the penalties for breaches of the Ministerial Code. I have long felt that the view that any breach of the code, however trivial, requires a Minister’s resignation, is wrong. The Government have now said that minor breaches can be dealt with by lesser sanctions such as loss of salary or even an apology. I welcome this. The Prime Minister mishandled Sir Alex Allan’s report into alleged bullying by Priti Patel. Instead of rejecting his conclusion that there was a degree of bullying for which there was ample evidence, the Prime Minister could have accepted that but not required such a severe sanction as her resignation. If he had, the complainants could have had a remedy and the Prime Minister could have retained the services of Sir Alex Allan.

The second recommendation in the committee’s recent report on ministerial interests, which the Government have partially accepted, is that the adviser on ministerial interests should be able to initiate investigations. The Government have accepted this, subject to the adviser consulting the Prime Minister. Many have criticised the requirement for the Prime Minister’s approval, but it seems realistic. The adviser’s investigations are unlikely to make progress in government if the Prime Minister has not authorised them.

The Government rejected the recommendation that the various regulators of ethics—the independent adviser on ministerial interests, the Commissioner for Public Appointments, and the Advisory Committee on Business Appointments—should all be put on a statutory basis and their powers backed by legislation. The Government do not like that recommendation because they want these matters to be governed in the political sphere. Legislation would bring the courts and judges in on the act. Again, I have sympathy with the Government’s view, but this is where I have an important proviso. The public will accept that allegations of ministerial misconduct should be dealt with in the political sphere only if they have confidence they will be dealt with fairly and rigorously. I am afraid that the Prime Minister has lost the public’s confidence over this, through his handling of the cases of Priti Patel and Owen Paterson, and through his own behaviour.

Since the Government’s Statement of 27 May, we have had the resignation of the noble Lord, Lord Geidt, and the Prime Minister is reported to be considering whether and how the post needs to be replaced. I am sure that a replacement is needed because, if a Minister’s conduct has to be investigated, the Prime Minister cannot convincingly do it himself. There is a need for an independent person or body to carry out the investigation if its results are to carry confidence. I speak with some experience when I say that it should not be the Cabinet Secretary, or any other civil servant, who carries out that investigation. Sue Gray was put in a very difficult position when she was asked to investigate whether the Covid rules had been broken by the Prime Minister or her own Civil Service boss. It has become apparent from the Geidt episode that if the Prime Minister’s own conduct is under scrutiny, judgment on it cannot be made by his own adviser. The outcome is bound to be unhappy: either the Prime Minister goes, or the adviser does. The Prime Minister’s conduct has to be dealt with by his own party, by the Cabinet or, ultimately, by the electorate.

In terms of the Motion in the name of the noble Lord, Lord Morse, I have no doubt that recent events had an impact on our democratic life, and it is a damaging impact. I also believe that no system of regulation will be adequate unless our leaders themselves demonstrate high standards. There is an old saying that a fish rots from the head; that is why we need to be concerned about the matters we are discussing today.

Houses of Parliament: Co-location

Lord Butler of Brockwell Excerpts

Thursday 16th June 2022 Lords Chamber

[Lord Butler of Brockwell (CB)]

My Lords, I join others in thanking the noble Lord, Lord Norton, for instituting this debate. I join the noble Lord, Lord Balfe, in thanking the noble Lord, Lord Norton, and the noble Lord, Lord Cormack, for the work that they do on the Campaign for an Effective Second Chamber. There is no doubt that the noble Lord, Lord Norton, today made a devastating case as to why the effectiveness of not only this House but Parliament would be greatly damaged if the House of Lords was no longer collocated with the House of Commons.

It is not the first time that I have felt some sympathy for the noble Lord, Lord True, in having to defend the indefensible. I have no doubt that he will do it with his usual skill and good humour, but I feel the discomfort that might have been felt by a citizen of ancient Rome sitting in the Colosseum waiting for a poor Christian to face a lion—or in this case, a pride of Lions. It is an impossible case to make.

However, I do the Government the compliment of believing that they are serious about the levelling-up agenda. So although I share the indignation that many of your Lordships have expressed about the Government’s handling of this issue, we are right to discuss seriously the pros and cons of the suggestion that the House of Lords should be moved outside London and separated from the House of Commons.

I agree very much with the noble Lord, Lord Stoneham, that a main fault of our parliamentary system as it works today is that the House of Lords is already too separate from the House of Commons. This would inevitably be made worse by moving the House to a separate location. I have always believed that the basic construct of our Parliament is a good one. The House of Commons is rightly the main battleground between the political parties, but its Members are understandably preoccupied by the need to get re-elected and by looking after the demands of their constituents, which are inevitably increasing these days. The fact is—and we are all aware of this—that the House of Commons does not give sufficient time to the scrutiny of legislation. The House of Lords, consisting of appointed people with a wide range of experience and expertise, is able to fill that gap, as well as being able, through our Select Committees, to provide well-informed and authoritative reports on issues of the day.

I agree with the noble Lord, Lord Norton, that, if our system works perfectly, the two Houses complement each other. It should be a dream partnership, but we all know that, sadly, in practice it does not work that way—although I contend that, beneath the surface, it works more effectively than is often recognised.

The starting point, which I know from long experience in the Civil Service, is that all Governments regard the whole of Parliament as an inconvenient but necessary fact of life. As far as the Executive are concerned, Parliament, like the courts, is an institution which prevents or makes it difficult for Governments to do some of the things that they want to. From the Executive’s point of view, Parliament has to be manoeuvred around, appeased, cajoled, persuaded or just driven. A Government with a good majority, reinforced by their extensive powers of patronage, generally get their measures through the House of Commons, but they cannot count on doing so in the House of Lords, where they have no overall majority. It is true that the Government can use their majority in the Commons to overturn amendments passed here, but, nevertheless, the House of Lords is an irritant to the Executive. On our side, there is also frustration. We in the House of Lords often feel that the Executive in the other place overturn our amendments without sufficient consideration and without much respect for the painstaking debate and discussion which has taken place here.

Yet below the surface, Parliament perhaps works better than even we who are Members of it perceive. It partly does so because of the easy and informal access that Members of this House have to Government Front-Benchers responsible for taking legislation through the House, and to the channels of communication that those Front-Benchers provide to the departments sponsoring legislation. I know from experience that the noble Lord, Lord True, is a good example of that. That is the means, rather than debate in the Chamber, whereby improvements to legislation are very often made. As others have said, we have valuable Joint Committees with the House of Commons and some joint pre-legislative scrutiny, although not as much as many of us would like.

Apart from the practical difficulties that would arise from putting the House of Lords in a different location from the House of Commons—and those have been well described today—the benefits of collocation often unseen by the general public would be lost to our parliamentary system if the House of Lords was moved to a different location.

Of course, our parliamentary system could work better; it needs improvement and some major reform. But I am convinced that the working of Parliament as a whole would be made worse, not better, by moving the Lords to a location different from the House of Commons. That, as the noble Lord, Lord Norton, said, is an important constitutional point. I do not believe that there will be sufficient advantage to the levelling-up agenda to offset that damage to our national life.

Upholding Standards in Public Life

Lord Butler of Brockwell Excerpts

Wednesday 8th June 2022 Lords Chamber

[Lord True (Con)]

My Lords, the Government have a responsibility to respond, to consider, and to bring to Parliament the considered results of their reflections on the advice that they are given. As I told the House earlier, the important report that we are discussing was presented last November; we have made some responses and more will follow shortly.

[Lord Butler of Brockwell (CB)]

My Lords, the Minister says that it is only six months since the committee’s report was published. Why is it taking so long for these recommendations to be considered and what processes are being undertaken to consider them?

[Lord True (Con)]

My Lords, far be it from me to advise a former Cabinet Secretary on what processes take place within government. There are matters to consider, which are considered by appropriate departments that may be affected. It is not unusual for a period of six months to pass—even in relation to a report from this particular committee. I could cite other cases, but the important thing is that we come forward with a considered response, which is precisely what I have undertaken to do.

Elections Bill

Lord Butler of Brockwell Excerpts

Report stage
Monday 25th April 2022 Lords Chamber

Those are just three examples but the point is simple. There ought to be a requirement. The Committee on Standards in Public Life is where I rest my case, in a way; it has been absolutely clear about this. There is a strong case for requiring parties to make these checks. Businesses have to do it, and rightly so. The checks, as I have shown, are not onerous, with a £7,500 limit. I would not argue if the limit were £10,000, but I would not go beyond that. The fact is that it is not onerous on the parties. There is plenty of evidence that requires us to see that these checks take place, so that tainted, dirty money does not come into British politics. The Minister will have to have a much better answer than the noble Earl, Lord Howe, had; otherwise, I might push this.

[Lord Butler of Brockwell (CB)]

My Lords, I have added my name to the amendment of the noble Lord, Lord Rooker, and I really need to add very little to what he has said. It is very difficult to see why there should be opposition to a requirement that political parties should have

“a reasonable and proportionate risk-based policy for identifying the true source of donations.”

The Government’s answer to this, which the noble Earl, Lord Howe, gave in Committee, is that there has to be a balance. It is clear, however, that where the balance is now is not satisfactory, because, as the noble Lord, Lord Rooker, said, there have been a series of donations to all political parties that have been not to the credit of the parties, not good for their reputations and not good for the reputation for cleanliness of our politics.

As I understand the position, the Government have not ruled out acting on the recommendations of the Electoral Commission and the Committee on Standards in Public Life, but regard this as a complicated matter—perhaps it is—and need more time to work on it. If the noble Lord, Lord Rooker, seeks to test the opinion of the House, I will support him. I would be gratefully comforted, however, if not only the Minister but the spokespeople for the other political parties said tonight that they duly take this issue seriously and regard donations from foreign sources and people who want to influence our politics in an unhealthy way as a growing danger to our politics. If the spokespeople for the parties and the Government will say that they take this seriously, and the Government do not rule out acting on the recommendations of the Electoral Commission and the Committee on Standards in Public Life in due course, I will be very comforted.

[Lord True (Con)]

My Lords, I was thinking that others would wish to intervene, but that does not appear to be the case.

These are important amendments, but I shall not encourage anyone to think that the Government will accept them. The context is a shared concern about dirty money, a phrase that the noble Lord, Lord Butler of Brockwell, used. I do not think any Government have been stronger in response to the Russian invasion, or in bearing down on oligarchs, than this Government. However, following our robust debate in Committee, I am pleased that we are again returning to this important issue of political donations. I do listen to contributions of noble Lords and these debates will certainly serve as a key reference point for the Government as they keep rules on political donations under review, to ensure that they continue to provide an effective safeguard that protects the integrity of our political system. In that context, the Bill bears down very heavily on foreign donations and makes them much harder.

Turing to the specific amendments tabled by the noble Baroness, Lady Hayman of Ullock, and the noble Lord, Lord Rennard, Amendment 63 would remove the rights of overseas electors to make political donations. Amendment 69B would place a £7,500 limit on any donation or series of donations from overseas electors. I fear that many will not be surprised when I reiterate that the Government cannot support these amendments, as we intend to uphold the long-standing principle, first introduced by the Committee on Standards in Public Life itself in 1998, that if you are eligible to vote for a party, you are also eligible to donate to that party. These amendments would overturn that principle by removing the right of overseas electors to donate. Overseas electors are British citizens who have the right to vote and, despite what the noble Lord, Lord Grocott, said, the Labour Party has acknowledged that for many years. They are reasonable participants in our democracy. Furthermore, due to the interaction of Amendment 69B and the existing legislation, there would be no provision for either the return of donations exceeding the £7,500 threshold or the reporting of such donations to the Electoral Commission. This leaves a significant gap, which means that the amendment would simply not have the intended impact.

The Government do not support the proposal of the noble Lord, Lord Sikka, to which I listened carefully. It was fair for him to set out his case because he wishes to establish an independent committee to report on the creation of a foundation for democracy. The concept here, however, which is where agreement falls away, is that he submits that this body should be responsible for collecting all donations made to registered political parties and mandatorily allocating them based on membership and vote share at certain elections. The Government can find no justification for this amendment and believe it would place unreasonable restrictions on an individual’s freedom to donate to the political party of their choosing. It would go against the fundamental principle of allowing members of the public to get involved in our democracy by giving their support, be it at the ballot box, via a cup of coffee or via donations, to any party or parties that they choose.

Moreover, this proposal would risk disproportionately penalising smaller parties, which may not have such high levels of membership and vote share as the larger parties, but form an integral part of our democracy. Indeed, it is not clear to me how any new parties would emerge under the noble Lord’s system, as they would not be able to fundraise for themselves and would therefore struggle to get their message out to the public to encourage members to join and voters to support them in the future. The Government are therefore simply not convinced that there is a demand or evidence to support the noble Lord’s radical idea; nor do we think it necessary to establish an independent committee to come to this conclusion. Should other parliamentarians share the noble Lord’s view, the existing framework of parliamentary committees obviously provides an ideal place to consider the proposal further, so I urge the noble Lord not to press his amendment.

Next, I turn to Amendments 66 and 68, spoken to by the noble Baroness, Lady Bennett, and the noble Lord, Lord Sikka, which address a similar theme. Amendment 66 would seek to cap donations that any one individual or organisation can make to a political party to 5% of that party’s maximum campaign expenditure limit at the preceding election. This cap would apply to all donors, whether individuals or organisations, such as trade unions for example. What effect would it have on a large trade union donation?

Amendment 68 would require the Government to publish a report on proposals to establish state funding of political parties and limitations on private donations. In essence, the noble Baroness and the noble Lord are seeking the Government’s views on these two fundamental principles. I will underline our position.

First, fundraising is a legitimate part of the democratic process. Consequently, there is no cap on political donations to parties, candidates and other types of campaigner but, instead, strict limits on what they can spend on regulated campaign activity during elections. These maintain a level playing field in elections. In particular, the noble Baroness’s amendment has the potential to create a very uneven and complicated playing field. Under the proposal, each political party will have different amounts it can fundraise, given that spending limits are calculated according to the number of constituencies it contests. New political parties in particular, again, would be affected and this change could encourage quite unnatural growth, whereby new parties are incentivised to contest seats they have no intention of winning to give them a more competitive funding limit in the next cycle. I will not be drawn on what percentage of a party’s overall donation might be permitted because the Government simply do not accept that there should be such a percentage figure.

Secondly, there is absolutely no public support for expanding the level of public funding already available to political parties. The Government are not going to go down that road.

Finally, I wish to address Amendment 69, retabled by the noble Lord, Lord Rooker. This would introduce requirements, as he said, for registered parties to carry out risk assessments and due-diligence checks on donations. Only those with a legitimate interest in UK elections can make political donations and there are strict rules requiring companies making donations to be both incorporated and carrying out business in the UK. Parties must check that companies meet these criteria. It is also an offence to circumvent the rules through proxy donors—for example, an impermissible donor seeking to make a donation through a company that is itself a permissible donor. Political parties must already report all donations over a certain value to the Electoral Commission, which are then published online for public scrutiny.

The Government have heard the concerns that donors may seek to evade the rules and, in principle, the point of strengthening the system to provide greater levels of assurance on the sources of donations to ensure they are permissible and legitimate is important. Indeed, the Government recently published, ahead of introducing necessary legislation, the Corporate Transparency and Register Reform White Paper.

Reforms to Companies House will deliver more reliably accurate information on the companies register by introducing mandatory identity verification for people who manage or control companies and other UK-registered entities, providing greater powers for Companies House to query and challenge the information it receives, and introducing more effective investigation and enforcement powers for Companies House. This, in combination with a new power for the Companies House registrar proactively to pass on relevant information to law enforcement and other public and regulatory bodies, including the Electoral Commission, will indirectly support the enforcement of the rules on donations by providing greater confidence in the accuracy of the data held at Companies House, including when seeking information on UK-registered companies and other UK-registered entities that have made political donations.

The Government have not dismissed the fact that this is a significant area, which is why we are instituting these reforms to corporate transparency, but for the reasons I have outlined to the House on various amendments, I urge that noble Lords consider not pressing their amendments.

Dissolution and Calling of Parliament Bill

Lord Butler of Brockwell Excerpts

Consideration of Commons amendments
Tuesday 22nd March 2022 Lords Chamber

[Lord Butler of Brockwell (CB)]

My Lords, I have mixed feelings on this occasion. As the House may remember from my remarks on Report, I always thought that our amendment to the Bill that we passed back to the Commons was a second best. I also regret, as the noble Lord has just said, that the monarch should be left as the only protection against the misuse of the prerogative power to ask for a Dissolution of Parliament. I wish that we had decided not to pass the amendment that we did but instead had removed Clause 3 from the Bill, but we did not. I hope that no trouble will come from this, but I fear that it could.

[Lord Cormack (Con)]

My Lords, I fear that if we had removed Clause 3, although I was very sympathetic to that line of argument, as the noble Lord knows, we would have had the same result. The Commons, whipped, would have sent back the Bill with Clause 3 reinserted. We should not delude ourselves.

Both noble Lords on the Cross Benches performed a signal service. It was right that the noble and learned Lord, Lord Judge, should take the initiative that he did. I supported him then, and I would support him again, but not tonight, because we both made it plain, as did others, that this had to be the decision of the House of Commons. I think Members have made an unfortunate and potentially dangerous decision, bearing in the mind the delicate position of the monarch. I am very sorry they have deleted the wisdom that we inserted into the Bill. But it has, and there for the moment is an end to it.

Constitutional Reform

Lord Butler of Brockwell Excerpts

Monday 21st March 2022 Lords Chamber

[Lord True (Con)]

Yes, my Lords, I think your Lordships’ Constitution Committee makes outstanding contributions to all thinking on constitutional matters. As I indicated in my previous answer, we are seeking approaches to always create good relations—as far as we can—between the different Administrations of these islands. That means good will, and every party has to show that good will.

[Lord Butler of Brockwell (CB)]

My Lords, the measures that the Minister referred to were for the most part unilateral initiatives on the part of the Government. What has happened to the proposal in the Conservative Party manifesto—and of other parties—for a commission on the constitution, which would involve much wider consultation?

[Lord True (Con)]

My Lords, I have indicated previously to your Lordships’ House that the Government are determined to take the various aspects of constitutional consideration forward; I gave the House examples of the different workstreams. I simply do not agree with the noble Lord that there is not cross-party agreement on certain things. For example, the removal of the Fixed-term Parliaments Act was agreed across the House and the principle of it was subject to very extensive consultation and examination.

Elections Bill

Lord Butler of Brockwell Excerpts

Lords Hansard - Part 1 & Committee stage
Thursday 10th March 2022 Lords Chamber

[Lord Beith (LD)]

My Lords, I want to make a Committee point, if I may. Even though I agree with the general statements that have been made about the deep undesirability of Clauses 14 and 15, and the danger they represent to the reputation of this country as a guardian of democracy, my noble friend made quite clear that we would want to see those clauses removed but also indicated his support for the noble Baroness’s amendments, which would ameliorate those clauses slightly if the Bill were to retain them. I am very keen that the Bill does not retain them.

The amelioration has its limits and, in that context, I want to remind the Committee of the report of the Constitution Committee on the Bill in this respect. Paragraph 39 says:

“We are concerned about the desirability of introducing a Government-initiated strategy and policy statement for the Electoral Commission. The proposal will open up to risk the independence of the Commission … it would be dangerous if the perception were to emerge that the Commission is beholden to the Government for its operation and delivery.”


The weakness of the noble Baroness’s amendment, which I know is well intentioned, is that the statutory status of the statement remains and she creates a rather interesting situation, which I had not seen in legislative form before, in which the commission can carry out what the Government suggest if it already agrees with them, which would be a new kind of statutory position. The fact is that there would still be a statement that had some degree of statutory authority behind it.

Governments and governing parties can always criticise what the Electoral Commission says and does and have shown little hesitation about doing so over the years. There has never been a limit on the ability of the Conservative Party to say what it disagrees with in the Electoral Commission’s work. But to create a statutory process, even with the consultation involved, and produce from that a statement which explicitly or implicitly appears to bind the Electoral Commission is highly dangerous. I see that statement as addressing priorities of the commission. Is the commission spending too much time on political finance and donations? Is it spending too much time trying to register groups of people in this country? Should it spend more time trying to find more overseas voters? Such issues are not things on which we want to see the Electoral Commission steered by a statement that has any authority from statute. Let parties both in government and outside it continue to express their views and, indeed, their criticisms, but do not build into our statutory system that kind of statement.

[Lord Butler of Brockwell (CB)]

My Lords, I put my name to the amendment in the name of the noble Lord, Lord Wallace of Saltaire, which my noble and learned friend Lord Judge will move this afternoon. As I may not be able—depending on the progress of business—to speak then, it may be for the convenience of the Committee if I make a very short intervention now.

I spent last night reading the illustrative example of a strategy and policy document issued by the Government in September. This document is no doubt designed to reassure but we are left with the question of how much further this clause gives an opportunity to a Government to go in regulating the activities of the commission. That is the subject that should worry us.

Elections Bill

Lord Butler of Brockwell Excerpts

Lords Hansard - Part 2 & Committee stage
Thursday 10th March 2022 Lords Chamber

In considering the policy and strategy statement to be written by the Secretary of State, telling the Electoral Commission what it may and may not do, will the Minister tell the Committee which political parties and which organisations have supported this principle and which have opposed it? As far as I can tell, support comes from only one party. All the independent organisations concerned with the health of our democracy have opposed there being such a statement.

[Lord Butler of Brockwell (CB)]

My Lords, since the Minister will no doubt address the question that the noble Lord, Lord Collins, raised, perhaps I may just add a supplementary. In addition to asking what problem Clauses 14 and 15 address, why is a strategy and policy statement thought the necessary solution to it?

[Lord Kerslake (CB)]

My Lords, may I add a further supplementary question? In the Written Ministerial Statement, the Minister in the other place, Chloe Smith, said:

“In recent years, some across the House have lost confidence in the work of the Commission”.—[Official Report, Commons, 17/6/21; col. 11WS.]


Perhaps the Minister can tell us whether that is the view of some across the House of Commons or of the Government? Is this change about an issue of confidence or is it something different?

--- Later in debate ---

[Lord Butler of Brockwell (CB)]

My Lords, I am very grateful to the noble Lord for giving way. His complaints against the Electoral Commission may be justified, but can he explain how a strategy and policy statement from the Government would put the matter right?

[Lord Hayward (Con)]

The noble Lord intervenes at a highly apposite time. I said at the start of my contribution that I was conflicted. All I wanted to do was set the record straight in relation to the Electoral Commission as I and others have experienced it. A number of noble Lords have said that these clauses do not solve the problems that might arise from any behaviour of the Electoral Commission. That is why I am conflicted. I do not believe these clauses solve the problem. I believe there are problems with the Electoral Commission and that Mr Pullinger and his new organisation will tackle them, but I do not believe that these clauses solve the problem.

The noble and learned Lord, Lord Judge, regularly reminds us of Henry VIII clauses. I regard this as a Henry II clause: “Who will rid me of this troublesome priest?”—or, in this case, this troublesome regulatory body. I am sorry, but I cannot read those clauses without thinking that in some malevolent hands they will be misinterpreted by some Government or another.

I was an electoral observer in 2018 in a country I know well because I completed the whole of my university career there—Zimbabwe. I met the Zimbabwe Electoral Commission and challenged it on the way it operated that election. I would like to be in a position to suggest that it use and operate our law. Could I honestly do that with these two clauses as they stand?

I come back to the position on which I opened. I am conflicted. I would like to see what the noble Lord, Lord Scriven, identified: the clear operation of an electoral commission that produces independent, fair, free elections. That I could commend to the Zimbabwe Electoral Commission. I hope that, when it comes back, this legislation will be something that I could recommend. As it stands, with these clauses, I could not.

Elections Bill

Lord Butler of Brockwell Excerpts

2nd reading
Wednesday 23rd February 2022 Lords Chamber

[Lord Butler of Brockwell (CB)]

My Lords, it is a great privilege and a pleasure to follow the noble Lord, Lord Moore, and to be the first to congratulate him on his delightful maiden speech. The noble Lord acknowledged that it has been a long time coming, albeit with good reason. I think the whole House will agree that it has been worth waiting for and that it amply fulfilled the expectations of those who have previously spoken.

As with John Morley always being remembered for his Life of Gladstone, when we are all forgotten, the noble Lord will be remembered for his biography of Margaret Thatcher. Like many others, I gave him such help as I could in that endeavour, in the belief that I was contributing to the objective and definitive history of that time. My trust was never abused and was amply rewarded by the outcome. It is our good fortune that the stimulus and enjoyment which the noble Lord gives us each week through his columns in the Spectator and the Telegraph will be extended to his contributions in this House. I hope we will receive them on a similarly regular basis.

I want to make three short points about the Bill. First, I regret that it has not been subject to pre-legislative scrutiny or, even better, a Speaker’s committee in the other place. It is desirable that legislation on this subject should be submitted to the views and contributions of all parties and, if possible, introduced with all-party agreement. If that does not happen in the Commons, it invites partisan disagreement in this House, and it is clear from the speeches that have already been made that that has not happened. For that reason, it will encounter more difficulties in this House than it otherwise would have done, which is regrettable.

Secondly, we live in a time in which the means of distorting information available to voters have grown hugely in their reach and influence. It is necessary for legislation to protect voters, as far as possible, against the intervention of those with the means and resources to subvert the democratic process, whether that subversion comes from state actors or other interest groups. In this context, the Bill is inadequate. As has been stated, it does not address the concerns expressed by the Intelligence and Security Committee or, more recently, the Committee on Standards in Public Life and the Foreign Affairs Select Committee in another place, about the dangers of secretive campaign finance coming from foreign sources. In passing, I cannot help referring to the paradox that, in my time in government, we used to worry about subversive finance from Russia to the Labour Party; now we worry about subvention from Russia to the Conservative Party.

Seriously, however, I ask the Minister to tell us what the Government are doing about these reports, particularly in current circumstances. I say with all due respect to him that it is not sufficient to say that the Government always consider the advice they get from wise committees and then do nothing about it. These committees are indeed wise. As those of us who serve on Select Committees and other committees find, they take a great deal of evidence and receive contributions from experts, and they need to be taken seriously. There is not likely to be another opportunity for legislation on election issues during this Parliament, and so these matters need to be dealt with in the Bill. The committees that have made recommendations need and deserve a serious response from the Government before the Bill is considered. I mention particularly the threat through unincorporated associations identified by the Committee on Standards in Public Life, and I ask the Minister in his response to deal with that.

Finally, the Electoral Commission is the instrument through which we seek to ensure a level playing field. Like others, I remain to be persuaded that it is necessary for the Executive to interfere with the independence of the commission through a strategy and policy statement, especially one prepared by the Government, with their own majority in the House of Commons and their own electoral interests. I hope that the House will look very carefully at that provision in the Bill.