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

Debate between Lord Butler of Brockwell and Lord Taylor of Holbeach

Monday 26th October 2015 Lords Chamber

[Lord Taylor of Holbeach]

The House was listening to the noble Lord, Lord Butler.

[Lord Butler of Brockwell]

My Lords, I am afraid I have been rather frustrated in trying to put my points as briefly as I could, so let me put one final point. There have been many times in the past when there has been an opposition majority in your Lordships’ House, particularly when there has been a Labour Government. There have been many occasions when the Opposition have wanted to overturn the Government on a fiscal matter. It has not happened and in these cases the Opposition, recognising the conventions, have exercised self-restraint, bitten their lip and stayed within the constitutional conventions. I believe that the House should do that today.

Data Retention and Investigatory Powers Bill

Debate between Lord Butler of Brockwell and Lord Taylor of Holbeach

Thursday 17th July 2014 Lords Chamber

[Lord Taylor of Holbeach]

I am sorry but I have to ask the noble Lord to read in Hansard what I have just said if he fails to be convinced as to why the Government are legislating now. I will leave it at that because I do not suppose that I will convince him on the principle, whatever I say.

[Lord Butler of Brockwell (CB)]

My Lords, I rise in defence of the Minister because the Intelligence and Security Committee discussed this point with the director of GCHQ on Tuesday morning in the short time available. There have been developments since 2012 that have affected the attitude of the providers—for example, the activities of Mr Snowden. The committee was satisfied that there is a serious risk of loss of visibility of people who ought to be under observation and that the Government’s arguments that this is an urgent matter were justified.

Communications Data and Interception

Debate between Lord Butler of Brockwell and Lord Taylor of Holbeach

Thursday 10th July 2014 Lords Chamber

[Lord Taylor of Holbeach]

Yes. I think that sometimes the arguments become focused on particular issues. I agree with the noble Baroness. I know that she speaks from experience and I am grateful for her support. There is an important communications exercise in making sure that people realise why we are involved in the fight against crime and the fight against sexual exploitation. These are all factors in our need to have this capability. I am grateful for the noble Baroness’s support.

[Lord Butler of Brockwell (CB)]

My Lords, I know that the Intelligence and Security Committee, of which I am a member, will now look at this legislation very urgently, as is necessary. However, that committee has to deal all the time with highly classified matters. Does the Minister agree that it would have made the task of the committee easier, and its task of advising the two Houses easier, if the Government had consulted the committee at an earlier stage?

[Lord Taylor of Holbeach]

Had that been possible, it might have been done. Clearly, the Bill is a complicated piece of legislation and getting it right has not been easy. I think the noble Lord will understand the background against which the Bill will be presented to the House of Commons and to your Lordships’ House. In such circumstances, it was important that the Government got their own position right first. Having done that, we are very grateful for the scrutiny and advice that we will receive from the Intelligence and Security Committee.

Justice and Security Bill [HL]

Debate between Lord Butler of Brockwell and Lord Taylor of Holbeach

Monday 19th November 2012 Lords Chamber

[Lord Taylor of Holbeach]

My Lords, I have every confidence that a solution to the issues and challenges of providing the necessary protection will be found. However, I was not intending to use this debate to present those conclusions to Parliament. I am sure the noble Lord will look forward with interest to hearing them in due course.

I thank the noble Lord, Lord Butler of Brockwell, for tabling these amendments. I hope he will feel able to withdraw this amendment in the light of my reassurances on progress.

[Lord Butler of Brockwell]

My Lords, I am grateful to the Minister for his reply and to other noble Lords who have spoken in the debate. I wish to make two points. First, the noble Lord, Lord Campbell-Savours, is being a little unfair in describing the Intelligence and Security Committee, even in its present form, as detached from Parliament. We do not feel detached from Parliament and, certainly in the circumstances described by the Minister, when we are more closely appointed by and report to Parliament, we will be even less detached. So there is some point in adding the words “of Parliament”.

Secondly, the Minister raised a point about the certificate of exemption under the Freedom of Information Act. He said that a Minister’s decision can be challenged at a tribunal whereas, on his understanding, the Speaker’s certificate cannot, and so the committee would be safer in the hands of the Speaker than in the hands of the Minister. I had hoped, when he raised this point in the previous debate, that a lawyer would intervene and advise us. My understanding is that the Executive always has the last say on this. The Minister is quite right that a tribunal can overrule a Minister but, in the end, a Minister can overrule a tribunal. An example which the House will remember is the risk register on the Health Bill where, in the end, the Minister overruled the tribunal. My understanding is that a Minister always has the last word. I pause for a moment in case there is a lawyer in the House who can correct me but, if not, I offer that as my belief.

On the basis of what the Minister said and in the expectation that a solution can be found to providing the protections that the Intelligence and Security Committee needs other than by means of conferring parliamentary privilege, I am happy to withdraw the amendment.

--- Later in debate ---

[Lord Taylor of Holbeach]

I am not at all doubting the value, for example, of the Public Accounts Committee, to which the noble Lord referred. However, it is up to this committee to decide whether to establish its own tradition. To predetermine its traditions, as suggested by the noble Lord, gives a false description of what “tradition” really represents.

I hope that the noble Lord will allow me to move on, because I was going to suggest another scenario: of course, there is no reason why the chairman of this committee should be a member of another place. It is a Joint Committee of both Houses, and although noble Lords may consider it unlikely that a Member of this House would be elected its chairman, that may indeed happen, and it probably would not be appropriate for the salary to be determined by IPSA in that respect. It would be a question of us seeking to resolve the issue should the occasion arise.

I understand what noble Lords and the noble Baroness are trying to achieve; that is, some sort of established practice within existing committee procedure. I have some sympathy with the argument. The ISC is an important committee, carrying out a very valuable oversight function, and the chairman of that committee has a critical role in that respect. However, deciding on the appropriate level of financial support for the chair of the ISC is very much a matter for existing mechanisms within the two Houses and would be best resolved in that way. It is for Members of the House of Commons and, for Peers, the House Committee to resolve this issue, not the Government. I hope that the noble Lord will feel able to withdraw his amendment.

[Lord Butler of Brockwell]

My Lords, on the basis that Members of your Lordships’ House receive no remuneration for being chairs of Select Committees, I am happy to have removed any incentive to run for this position. On the basis that it would be within the power of the House of Commons to move a resolution referring this to IPSA, and that the Government would give a favourable recommendation and support that matter, I am happy to withdraw the amendment.