(12 years, 7 months ago)
Lords ChamberMy Lords, I promised I would come back to the House after a short debate after Questions to explain how we would deal with the debate on the Motion tabled by the noble Lord, Lord Richard, on Monday. Those of us who were here will have realised that the House wished to sit not just on Monday but on Tuesday so as to complete the debate without going into the small hours of Tuesday morning. I am delighted to inform the House that we will sit as normal on Monday at 2.30 pm. After Questions the debate will begin and after a named speaker the debate and the House will adjourn, which I hope will mean that we do not need to sit into the small hours of Tuesday morning. The House will meet at 10 am on Tuesday morning and we shall complete the business in time for Prorogation to take place at 1.30 pm. I know the House is extremely thinly attended at the moment, but I hope that it will feel that this is an entirely sensible way to go and that it will be pleased that we have given plenty of time for this debate to be completed.
Does that mean that there will be advice on the amount of time Members can take during the debate?
My Lords, I am happy to give advice or for the Chief Whips to give advice on a rough timetable so that we can complete it by, say, 11 pm or midnight on Monday. Of course, any guidelines will be advisory and not mandatory, and that is how it should be. I think there was an impression this morning that I was somehow trying to stop debate on this subject. I am really not; I am very happy for there to be full debate on it.
(12 years, 8 months ago)
Lords ChamberMy Lords, the noble Lord the Leader of the House misunderstood what was said on the BBC this morning. It was said that the Joint Committee of both Houses is recommending and that the Government accept the recommendation. Given the huge amount of work that the Joint Committee has done, surely it would be logical for the Leader of the House to agree that there should be time to consider the recommendations before the publication of a Bill, which may be amended because of the recommendations, is announced in the Queen’s Speech. That leads inexorably to a view that the report ought to be debated widely prior to Prorogation.
My Lords, if the report is to be published on 23 April and the Leader of the House tells us that we should have time to read and consider it, can we be assured that the House will meet during the week beginning 30 April for four days, or does the Leader of the House have something else in mind for that week?
(12 years, 10 months ago)
Lords ChamberMy Lords, the Leader of the House has given us a proper and guarded answer to quite a difficult question. However, does he not agree that this encapsulates the kind of problem which needs to be resolved before we have a directly elected second Chamber? It goes to the heart of one of the issues that has been accepted as the norm by both Houses for many decades but which would undoubtedly be challenged time and again in the event of a directly elected House. I do not expect the noble Lord to give an immediate answer now—he will give a guarded response—but can I try to be helpful and suggest that this is the kind of issue which the committee of my noble friend Lord Richard should look at, and that that may involve an extension of the period of time the committee needs to consider it? But it is clearly issues like this—alongside, in relation to an Oral Question taken earlier, issues like the impact of a referendum in Scotland—which need to be considered by the Joint Committee before we proceed any further.
My Lords, before the House approves the Motion, perhaps I may ask the noble Earl, Lord Howe, a question about the risk register appeal, because we now have some dates that change the debate. I understand that the Report stage is to begin on 8 February and that it is expected to complete by somewhere around the middle of February.
The appeal on the risk register will be held in a tribunal on 5 and 6 March, and therefore there might be an opportunity for Members to raise the issue of the decisions of the tribunal, depending on the dates that the Government actually set for the Report stage. Would he care to comment on that? Further, if there is not too much flexibility, has the noble Earl considered what the Companion says on the admissibility of amendments tabled at Third Reading:
“The principal purposes of amendments on third reading are … to clarify any remaining uncertainties”?
The risk register may well raise issues that constitute “remaining uncertainties”. Can we have an assurance that if it is not possible to raise them on Report, there will be some flexibility at Third Reading under the heading in the Companion that I have just read out to ensure that we can have a debate on any issue arising out of the tribunal’s decisions? I am sorry to have to raise the matter in this way, but this is an opportunity to do so.
My Lords, perhaps I may ask a question of the noble Lord, Lord Strathclyde. I ask him as the Leader of the whole House—which I know he is very mindful and respectful of—and not just as the leader of a government coalition party. Whenever we deal with a social security Bill—apart from turning negative regulations into affirmative regulations—that almost inevitably involves expenditure, either increasing it or reducing it. That may also apply to health Bills and transport Bills. If, on any choosing of the Speaker and one of the noble Lord’s right honourable friends at the other end in a position of authority, the claim can be made that that is financial privilege—this is before the Speaker has even ruled on it, so clearly there is a government view so far as I can tell; I stand to be corrected—and if any Bill involving any element of expenditure, including on welfare, pensions, health and education, can at the fiat of the House of Commons be ruled as money and therefore privilege, then, taking the noble Lord’s statement that this House is a part-time House, it will become a very part-time House indeed because we might as well go home.
(12 years, 10 months ago)
Lords ChamberI agree with my noble friend on the question of taxation, and indeed with my honourable friend Mark Harper, the Minister in the House of Commons. However, I am not sure that that is a very useful comparison. After all, it would require a Peer living in London to turn up every single day, and one of the strengths of this House is that it is part-time and people choose to come when they feel that they have something of value to contribute.
My Lords, how do the Government’s proposals for reform fit in with rumours in the House of Commons that the Government are about to pack the House of Lords with an additional 50—perhaps even more than 50—coalition Peers? Where are they going to sit, where are they going to park and where are they going to have their offices?
(12 years, 11 months ago)
Lords ChamberMy Lords, may I support the noble Lord, Lord Barnett? I have just put down a Question to that very effect, but unfortunately it must wait a month before it can be heard in this House. I strongly support the point that the current arrangements are a total failure and should revert. Any suicide bomber who wishes to attack this place certainly could do so without somebody looking at the bottom of their car. Please will the Leader do something about it today?
My Lords, before we go down this route, could we just remember that we have a duty to secure the security of this institution? Difficult decisions have had to be taken and we should be very careful about rescinding them.
My Lords, I am well aware, as are most Members of the House, that this week there have been some difficulties in entering the car park. I know that Black Rod has received many representations—I expect that, even after today, he will continue to receive many further representations—and I urge noble Lords who believe that they can suggest improvements commensurate with providing the security of the House, as the noble Lord, Lord Campbell-Savours, has pointed out, to do so as early as possible.
I will have discussions with the Chairman of Committees and members of the relevant committees that made these decisions to see whether the review can be speeded up. I understand the difficulties that have taken place.
My Lords, as a member of two committees that were involved in making this decision for this experimental time, I was not aware of any pressure coming from any outside source. The decision was taken sincerely and clearly within this House by the membership of this House. Should it be thought sensible, I am very happy to review the matter, but let us learn from the experience and see whether we can approach this in a spirit that is intended to make it as constructive and as safe as possible.
Perhaps I may slot into the minds of Members what could be a long-term solution. It is for us to reclaim our underground car park across the road, which we own, and build a tunnel which links the House to that car park.
My Lords, I am sure this has already occurred to any would-be terrorist, but what do the security arrangements of the House do about the river and the boats that go up and down it? My friend hired one of those boats the other day and was free to take suitcases on and off as she wished. If we cannot do anything about that, why do we carry on making entrance to this place more complicated and inconvenient?
(13 years, 1 month ago)
Lords ChamberMy Lords, I take slight issue with the noble Lord, Lord Pearson of Rannoch. We had this problem fairly early after the coalition was formed. I raised the question on one occasion when the Leader was making a Statement that was not available to us because it had not finished in the Commons. The Leader was gracious enough to say that the rules of engagement in the Printed Paper Office should be altered and that the Statement should always be available as soon as the Minister got up in this House. I agree that the Printed Paper Office is not always consistent in its reactions. I had no difficulty in persuading it that these instructions had been given and the paper should in fact be released.
My Lords, the Motion actually reads,
“‘may’ (with the agreement of the usual channels)”.
One must assume that the usual channels would have this matter in mind when deciding. Therefore I do not see any problem at all.
My Lords, I understand very well the case against reading out extremely long Statements. None the less, I believe that the repetition of Statements in this House is very important because very often they get much more detailed expert scrutiny than in the other place.
As far as television is concerned, it is rather regrettable. As far as I can establish they televise the original Statement in the Commons but virtually never show the Statement being repeated in this House. That is perhaps a point which ought to be taken on board.
Having said that, I think that there is also an important matter of timing—if it is an extremely long Statement, which is then going to be in the Printed Paper Office, one is going to need some time to read and digest it before the Statement is then bounced suddenly into this Chamber. At the very least, while one would not necessarily move a manuscript amendment, those dealing with this discretionary practice should certainly allow at least an hour and a half—and I would have thought two hours—between the Statement being available in the Printed Paper Office and it being taken on the Floor of the House.
(13 years, 1 month ago)
Lords ChamberMy Lords, I go back to the contributions of the noble Lords, Lord Wakeham, and the noble and learned Lord, Lord Lloyd of Berwick, because they raised two very important issues. They pointed to the need for the Front Bench to retain the role that it currently has. I will argue quite simply that it is impossible for the Front Bench to carry out that role. That has always been my position. In the correspondence that I had with about 500 Members four years ago, when 300 or so Members replied and gave their views on the matter, an overwhelming majority of those who responded said that they were in favour of changing the role of the Lord Speaker. It was clear that there was considerable concern about the role of the Front Bench—Labour was in government at the time—in carrying out that responsibility.
The noble Lord, Lord Wakeham, and the noble and learned Lord, Lord Lloyd of Berwick, both referred to the need to intervene earlier, but therein lies the problem, because the Front Bench cannot intervene earlier without appearing to be political.
The noble Lord opposite says, “Rubbish!”, but some of us, including the noble Baroness, Lady Boothroyd, watch what is happening on the government Front Bench during Question Time. The noble Baroness, Lady Anelay, very effectively seeks to have some influence on what is going on in the Chamber and often talks among her colleagues on the Front Bench as to who should be called. We are pointed to by Ministers on the government Front Bench, almost inviting us or identifying us to intervene during the course of the debate.
This may be a hypothetical question, but it comes to my mind. When the noble Lord says that it should not be in the gift of the Leader of the House because of the political implications, would we now be granting those powers to the Woolsack if we still had a Lord Chancellor—because he was a political figure, too?
We do not have a Lord Chancellor; we now have an independent Lord Speaker. I am arguing that we should take that role away from the political and give it to the independent Chair of our proceedings, thereby enabling early intervention in a House which, during Question Time, is often unruly, and which has led to public criticism when people see adults on television standing screaming, shouting and bawling at each other across the Floor of the House. Anyone in this House who can claim that that is a dignified spectacle misunderstands what is expected of this House.
My Lords, I am absolutely staggered that any Member of this House who has served in the other place—or the House of Commons, I am pretty agnostic on what we call it—should be advocating greater authority for our Speaker. I fear that I do not remember the halcyon days of the noble Baroness, Lady Boothroyd. I remember her authority being constantly challenged on totally bogus points of order. You have only to pick up a Hansard from yesterday, which will be like any other Hansard from the House of Commons. It will show that after every Question Time, people leap to their feet with points of order which are not points of order. They are people who missed out on Questions—they have not managed to get in, so they ask their question anyway—or they bring up some constituency matter that happens to concern them. That is all completely bogus. The authority of the Speaker is constantly challenged in the House of Commons, and it will be challenged here if we give authority to our Lord Speaker. We do not want to go down that path; it is a very retrograde step. We should learn from the House of Commons and stay with a system that works very satisfactorily as it is.
I should thank my noble friend Lord Stoddart—if I may refer to him as that—and the noble Lord, Lord Dubs, for what they said about the minority parties and independents in your Lordships’ House. I would comment further, however, by saying to the noble Lord, Lord Campbell-Savours, and others who feel that we behave extremely badly at Question Time, and that this does not do us any good with the public, that I think that the public see a substantial difference between Questions in your Lordships’ House and Questions, particularly Prime Minister’s Questions, in the House of Commons. The members of the public who I talk to always say how well behaved your Lordships’ House is in comparison to the other place.
Perhaps I may just refer to this myth about the distinction between the two Houses and ask the noble Lord whether he appreciates that in the Commons people do not stand and bawl at each other across the Floor of the House.
No, they do not. I would suggest that Members go to the Public Gallery in the Commons and see what goes on there. This is one of the only Houses in the world where Members bawl at each other to be heard on the Floor of the House.
I simply cannot agree with the noble Lord. As someone who tries to get in on Questions quite a lot—only because I am interested in a subject which is quite topical at the moment—I would have thought that when noble Lords get up who have not spoken and do not speak very much, the courtesy in your Lordships’ House is definitely there, to hear the new person, to give them a chance and so on. So I think that this aspect of our bad behaviour—and I speak also as someone who gives way a lot, and I am very happy to go on doing it—is exaggerated.
I am not sure that this Motion on the Order Paper really helps us. As I understand it, the Lord Speaker would simply choose a group, whether the Conservatives, the Cross Benches, Labour or the Bishops—though we normally give way to Bishops in any case. Time would be taken because it would go to the leader of the chosen group to decide who was going to speak. I am not sure that, as drafted, this takes us forward at all.
Finally, I would ask the Leader of the House, if he is going to speak, if he could clarify a doubt which the noble Lord, Lord Stoddart, mentioned, and which is in the minds of many of us when we decide whether we are trying to get in at Question Time. Are the Government one group, and does each speaker from the Government count as a question asked by the Government, or are we in fact dealing with the Liberal Democrat party and the Conservative Party, and therefore do they each get a shot at Questions as the groups revolve around the Chamber?
(13 years, 4 months ago)
Lords ChamberMy Lords, I want to raise two issues and I hope that the Minister will respond to them when she answers. She will hear the two questions in my brief comments. The first relates the difficulties experienced by the police in controlling the riots. If the police cannot do it, vigilante groups will. Nature abhors a power vacuum. Can we be assured that the broader question of resourcing of the police should not be too glibly tied up with current plans for cuts in public expenditure? The public need to be assured that first things come first: the peace of the realm. Will the Minister assure us that that will be the case, and that police resources are not subject to some false principle of equal sharing of burdens among government departments? I hope that will not be the case.
An under-resourced police will always be a brutal and insensitive police. Will the Government assure us that they are going to create a structure that will enable the police not to be hindered either by excessive bureaucracy or by a suggestion that they are not capable of doing it? What hinders our liberty is not necessarily the police but other people. If there is a clear framework for the police to work within, we will all have our liberty.
Will the Government also assure us that they will protect the police and us by investigating complaints against the police thoroughly and conscientiously? The Independent Police Complaints Commission was suggested by the Stephen Lawrence inquiry. How can it be nimble and transparent and deliver on time, every time? Will they assure us how that will happen?
My second question relates to the motivation of the young people involved in the riots. I think noble Lords will agree that it would be foolish to shoot off quick-fire opinions on what brought them on to the streets. We must understand what is going on, which is not the same as condoning what has gone on. It is very easy to understand a little less and condemn a little more but that will not deliver safety. We need to understand; if we do not, we will never resolve the problems.
Some clear questions must be asked. Will the Government encourage—
It is coming, sir. If everyone appreciates what my colleague, the most reverend Primate of all England, has said, what are we going to do in terms of culture? The Secretary of State for Education has said that religious knowledge will not be part of the English Baccalaureate, but religious knowledge forms and creates a culture.
My Lords, first, we will have a couple of thousand of these people at our disposal for a year or so. Can we please have some proper academic research, using them, into the whys and wherefores? This is a new phenomenon for us. We really ought to try to understand it; this is an opportunity that we should not miss.
Secondly, as a resident of Battersea, this week it was immensely distressing that the police station 100 yards away from the centre of disturbance did not produce anybody for the first hour and a half of what was going on. As the noble Lord, Lord Dear, said, we need to look at that. It is totally unacceptable that that should be the service that the businesses and people of Battersea had.
My Lords, if concerns over the publication of photographs are to be set aside, as the Prime Minister said in his Statement, can we have a national review of the guidelines on pixelation of CCTV, which has been a growing tendency in recent years?
My Lords, have the redeeming features of the terrible events been not only the dignified stoicism of men such as Tariq Jahan, but the way in which community organisations such as Toxteth Against the Riots have held together and stood on their own streets, defending their own territory? Thirty years ago, when I was a Member of the House of Commons representing an inner-city Liverpool constituency, that city was disfigured by riots. In the aftermath, the Government appointed Lord Scarman to investigate those events. I support what the noble Baroness, Lady Royall, said earlier. I hope that the noble Baroness, Lady Browning, will not rule out the possibility—above and beyond the committee of inquiry to be established in another place—of someone of Lord Scarman’s standing looking at the deep and complex issues involved here. In that context, will they particularly look at the crisis of values and virtues; at the flaccid language of rights, which has pushed to one side the idea of duties, obligations and responsibilities; and at the issue of absent fathers? Eight hundred thousand children in this country have no contact with their fathers. The Times, in an editorial today, says that some 900 children are excluded from school every day. As parents, we have to be on the side of teachers. We must re-establish discipline in our schools. If we do not, it will not be what we have seen this week that will come back to haunt us; it will be far worse events in the future.
(13 years, 5 months ago)
Lords ChamberMy Lords, I readily agree with the last part of what my noble friend said: the PCC should continue to do its work. I readily accept my noble friend’s welcome of the announcement that we have made today. On the other matter, I am sure that my noble friend will be invited to give evidence to the inquiry on how regulation has worked. Her role as chairman of the PCC is extremely important in considering what has and has not worked in recent years.
My Lords, we have 10 more minutes. Can the noble Lords decide which of them is to go first?
My Lords, the Prime Minister referred in his Statement to consulting with the Cabinet Secretary on an amendment to the Ministerial Code for the recording of all meetings “regardless of the nature of the meeting”. Does this include formal and informal meetings and official and unofficial meetings, if they exist? How is he describing them?
My Lords, my right honourable friend the Prime Minister has invited the Cabinet Secretary to examine this matter. My understanding is that it is to make the process as transparent as possible. It would therefore include all meetings—formal, informal, social and any other kind of meetings that the noble Lord can think of.
(13 years, 5 months ago)
Lords ChamberMy Lords, this is an excellent report and my comments are essentially tinkering. I particularly welcome the proposals for transferring the monitoring of self-regulation in Question Time from the Government to the Lord Speaker. The report sets out the new role in principle, although in application we need more detail. An implementation recommendation should make it clear that when the Speaker rises to guide the House on which Bench—and, if necessary, occasionally, which individual—should be heard, Members should immediately take their seats. Furthermore, the Lord Speaker should be able to guide the House towards Members who are unused to the rough and tumble of political debate and rarely rise to ask supplementaries due to the intimidating nature of Question Time.
I turn to the issue of supplementary questions, both in Question Time and on Statements. I support the 40-word limit proposed in paragraph 48. It will help those outside understand the background to Questions asked. However, the report fails to establish a procedure for the enforcement of a more disciplined approach. I am afraid that some Members, out of ignorance or inflated ego, hog Question Time and abuse our procedures with long, rambling supplementaries. We need clearer guidance, which should be based on no more than two questions during the course of a single supplementary. The Lord Speaker should be empowered to write to Members, either collectively or, if necessary, individually, drawing attention to abuse.
As for Statements, I support the proposal for curtailing the repeating of Oral Statements in the House. However, I have a reservation about the use of the terms in the report. It states:
“To avoid speech-making, and with a view to increasing the number of Members who can intervene on statements, we recommend that backbench contributions should be limited to questions to the minister”.
In theory, that means curtailing long preambles. In practice, it will not. This all needs tightening up. Prolonged preambles are an abuse. On two occasions to date, in conditions of some embarrassment, I have personally intervened to seek enforcement of the Companion. One Member once took nearly five minutes to ask a question. Such selfishness denies others the right to speak. I suggest a one-minute limit on questions on Statements. That is not as restrictive as during Question Time. It is generous and would put an end to the abuse.
On draft Bills, greater pre-legislative scrutiny is welcome. However, I am much opposed to reliance on Commons Select Committees doing this work. Commons Select Committees often include Members who have no interest in Bill scrutiny. MPs may be bright, but it does not necessarily follow that they are good at questioning on areas where they have little interest. A Member who is first class on criminal justice may be completely uninterested in areas of constitutional reform—both MoJ functions. The best forum for pre-legislative scrutiny is in Joint Committees, where interested people apply to join.
On the handling of legislation prior to prorogation, in paragraph 90, the report states:
“In the last Parliament the Government tended to avoid confrontation in the spill-over, preferring to accept Lords amendments rather than risking loss of an entire bill”.
That is an aspect of the Lords’ role that has worried me over the years. It provides conclusive proof of the fact that Commons primacy can on occasion be a myth. The report fails to deal with this problem. It almost suggests that such a problem arises out of deficiencies in legislation. That is not my view. The problem arises because opposition parties have realised that time is a weapon in the Lords and wash-up can be used to amend Commons decisions irrespective of the merits of argument. That happened under the previous Parliament.
I welcome the delay mechanisms in the handling of SIs. They deal with the concerns I raised with Labour Whips over the use of fatal amendments.
Finally, I turn to paragraph 258 on self-regulation. The report states:
“The House is self-regulating: the Lord Speaker has no power to rule on matters of order. In practice this means that the preservation of order and the maintenance of the rules of debate are the responsibility of the House itself, that is, of all the members who are present, and any member may draw attention to breaches of order or failures to observe customs,”
to which I referred before. The facts are that the House does not carry out this function. It is just too embarrassing. The principal occasions when attempts are made to enforce the Companion are when we are dealing with controversial legislation—most recently the Parliamentary Voting System and Constituencies Bill. Those enforcement interventions are invariably for political partisan advantage.
The abuse of our procedures and the Companion are far more widespread. They are routine and there is a need for proper enforcement mechanisms. The House needs seriously to consider whether the person in the Chair should be given the same powers as that enjoyed by persons in the Chair in the Commons, particularly in the handling of legislation.
My Lords, first, I think that we should invite the clerks to come forward with a proposal. The proposal should be put to the Procedure Committee and of course within this we need to decide whether it should be a Joint Committee or a House Committee. If it is a Joint Committee, there need to be discussions with another place and we would have to find out about how it felt about such things. I have no idea about a timescale, but we could get an initial view relatively quickly, and I think that that is what we should do.
The role of the usual channels got a bit of a battering; I think the usual channels and how it operates needs clarifying. Perhaps the most interesting part of the debate concerned the role of the Lord Speaker. The report has trod carefully between self-regulation, Leader’s powers and Speaker’s powers, and has come to the conclusion of an experimental period, simply to shift the Leader’s power to the chair. I am not entirely convinced that that is a solution to the problem. What has happened is that more and more people try to get in at Question Time. It is an immensely important part of the day. The House is full. The leaders, Chief Whips, Convenor—everybody is here. The Lord Speaker is in the chair. It is a focal point for the start of our day. It is Peers wanting to get in and ask their question that creates the problem.
I increasingly think that we do have to make a choice on this, and I think we ought to have an early vote and make a decision. Part of that is that you cannot have both a firm chair and self-regulation. We have to choose between one and the other. Noble Lords have said, “Well, you can have a little bit of direction from the chair and that doesn’t affect self regulation”, but I think that it does. I do not think that that is a bad thing. One noble Lord said that this House is the only legislative Chamber that does not have a firm chair. It may be that that era of self-regulation—of politeness and giving way—has moved on, for a whole variety of reasons. It is that the nature of the House and the nature of the way we do legislation have simply changed. That is the decision that I think will face us. If we move the Leader’s powers to the chair we will very quickly get into names being called. Some noble Lords are concerned about behaviour in this House. I always remind people to go a couple of hundred yards down the corridor and see a House where there is very firm authority from the chair and to really take a view. Is there better behaviour in another place? It is worth doing.
That is why the House has to decide, and I am not sure that there is an alternative solution. You either push power to the chair or you do not. Perhaps more assertiveness from me and the government Dispatch Box may help and encourage. Noble Lords might like a firm smack of authority from the Dispatch Box. I accept that there is a difficulty and a problem. When I first came to the House, Members would regularly give way.