Intelligence and Security Committee of Parliament: Special Report

Debate between Lord Butler of Brockwell and Earl Howe

Monday 4th November 2019 Lords Chamber

[Earl Howe]

My Lords, I regret the implication in that question: the noble Baroness is implying that the Prime Minister does have something to hide, and I repudiate that suggestion in emphatic terms. The normal processes are being exercised and the report will be published in due course.

[Lord Butler of Brockwell (CB)]

My Lords, did not the process of clearing this report start on 28 March, seven months ago? Only the final stage of its being cleared by the Prime Minister started in October. Also, is not the point of the report that it is relevant to an upcoming general election? The Government should make a particular effort to ensure that it is in the public domain. Please will the Minister ask No. 10 to think again?

[Earl Howe]

My Lords, I am sure that the sense of urgency expressed by the House, including by the noble Lord, will not be lost on my colleagues in government and I shall ensure that the correct messages are sent through.

Early Parliamentary General Election Bill

Debate between Lord Butler of Brockwell and Earl Howe

2nd reading (Hansard): House of Lords
Wednesday 30th October 2019 Lords Chamber

[Earl Howe (Con)]

My Lords, this has been a very constructive and focused debate, and I thank all noble Lords who have contributed to it. Unsurprisingly, we have heard a range of views expressed on all sides of the House about the Bill and the reasons why we find ourselves debating it, so I think that a helpful place for me to start is to return briefly to first base by re-emphasising the key points made earlier by my noble friend the Leader of the House.

Why do we believe that a general election is now necessary? The hung Parliament that we are in, complicated by the divergent views of elected Members across all parties on the most significant political and constitutional issue of our day, has created an impasse. It is an impasse that the Government are clear cannot be allowed to continue.

The withdrawal agreement negotiated by my right honourable friend Theresa May was rejected on three separate occasions earlier this year. The Prime Minister has successfully negotiated a new deal and the other place passed the revised withdrawal agreement Bill at Second Reading. However, by also voting down the Government’s programme Motion, they prevented the progress of that Bill and, hence, this country’s departure from the European Union by 31 October. Then, despite the extension of the Article 50 deadline, conversations held in another place made it apparent to the Government that there could be no certainty, or anything approaching certainty, of the withdrawal agreement Bill receiving parliamentary approval through all its subsequent stages. Therefore, contrary to the contention made by the noble Baroness the Leader of the Opposition, it was not rejection of the programme Motion that brought about this Bill; it was the Government’s realisation that even the three-month extension to 31 January left the fate of the Bill wide open.

The noble Baroness, Lady Smith, said that she accepted that there should be a general election. I wish that she had done so with as much good grace as the noble Lord, Lord Newby. All the main political parties now agree that a general election is needed in order for the British people to have their say, and we earnestly hope to provide a new Parliament with a way forward. So this is a short and simple Bill, which sets the date of the election as 12 December. The general election timetable allows the Northern Ireland Budget Bill to pass before Dissolution, to ensure that the Northern Ireland Civil Service can access the funding it needs to deliver public services and proper governance in the Province.

The 12 December date is important for another reason: it is critical that we do not miss this opportunity to have an election, and a new Parliament sitting, before Christmas. An election on the following Thursday—19 December—would not allow time for the new Parliament to sit before the start of the new year. The noble Lord, Lord Butler, in his intervention, asked me for the earliest date on which Parliament could first sit following the poll. My right honourable friend the Prime Minister has stated that if our party were to win the election, he would aim for both Houses to reconvene before 23 December. However, the exact date cannot be set until after Dissolution, when the Sovereign issues a proclamation, so I regret that I cannot more specific.

[Lord Butler of Brockwell]

I am grateful to the noble Earl for that, but surely the Queen cannot reopen Parliament before Christmas, on 23 December. That would be an absurd time to have a reopening of Parliament. Surely the answer is that the Queen cannot reopen Parliament until 6 January. We would then have a Queen’s Speech debate, so proceedings on the Bill are unlikely to start before the week beginning 13 January. We will then be getting into just as difficult a position, in passing the Bill before 31 January, as we were previously.

[Earl Howe]

I cannot agree entirely with the noble Lord. The House will have followed his train of thought, but it is nevertheless possible for Parliament to convene before Christmas for swearing in and so forth to take place, and we can get that part of things done. As I have said, I am not in a position to speculate in advance of the Sovereign’s proclamation the exact timetable following that.

Special Adviser Appointments

Debate between Lord Butler of Brockwell and Earl Howe

Wednesday 2nd October 2019 Lords Chamber

[Earl Howe]

My Lords, as I just said, my noble friend will understand that I cannot comment on personnel matters relating to individuals. I can say in general terms that, in line with the Constitutional Reform and Governance Act 2010, special advisers operate under the authority of their appointing Minister. Therefore, special advisers in No. 10 act under the authority of the Prime Minister. Section 8 of the 2010 Act also allows special advisers to exercise any power in relation to the management of another special adviser if permitted by the Code of Conduct for Special Advisers. The code of conduct does so permit.

[Lord Butler of Brockwell (CB)]

My Lords, it is the right of civil servants, if dismissal is contemplated, to have access to a disciplinary board before a conclusion is reached. Is that available to special advisers, and was it available in this case?

[Earl Howe]

I cannot comment on this case, but the status of special advisers is set out in legislation in the 2010 Act to which I referred. Because of the Crown’s power to dismiss at will, special advisers are not entitled to a period of statutory notice when their appointment is terminated. However, the terms of their employment are set out in their model contract.