Leader of the House of Lords

Debate between Lord Cope of Berkeley and Baroness Royall of Blaisdon

Monday 28th July 2014 Lords Chamber

[Lord Cope of Berkeley (Con)]

My Lords, as has been mentioned, I went with my noble friend Lord MacGregor to see the Prime Minister about all this last week. I went because, while I greatly welcome the appointment of my noble friend Lady Stowell and congratulate her on it, like others I was shocked by the decision on the status of our new Leader of the Lords and wanted to challenge that decision.

Our objective was, first, to ensure that the Prime Minister understood the outrage felt throughout your Lordships’ House and then to see what could be done about it. It was clear that he fully understood, at that time at least, the outrage. He explained that the decision on her status arose from the fact that the Leader of the Commons had not recently been a full member of the Cabinet, but as that is now my right honourable friend William Hague, who is also First Secretary of State, it was impossible to demote him. Further, he said that ministerial heads of department these days are all Secretaries of State—a fact to which I will return—so that all the available spaces allowed by the 1975 Act were taken up, as explained in the excellent report from the Constitution Committee.

We came away with two undertakings, which we asked him to put in writing and he did so, in the letter which has already been referred to. The first was that this was temporary. Secondly, he promised that in practice meanwhile it would make no difference, as my noble friend Lady Stowell will be treated exactly like her predecessor, although she is not officially of Cabinet rank. In my view, the Prime Minister saying—and then putting it in writing—that our Leader, although not a member of the Cabinet, is to be treated as if she was one itself marks a profound, if apparently temporary, change in our constitution. My noble friend is, by the Prime Minister’s fiat expressed in the letter, exempted from the restrictions which would normally apply to those who merely attend the Cabinet. In our flexible constitution, as chairman of the Cabinet, he can do that.

Like the noble Baroness, Lady Royall, I attended Cabinet for a period. It was my noble friend Lady Thatcher’s Cabinet, while I was acting Chief Whip after the Brighton bomb. As Chief Whip my duty was to ensure that the Cabinet understood the views of MPs, particularly but not only the views of the Government’s supporters in the Commons, and to give advice on smoothing the Government’s path in Parliament. I was of course not there to contribute my personal views, which was for members of the Cabinet to do. Nor was I there to vote on the rare occasions when the voices were collected to make a decision. I assume that my right honourable friend Michael Gove will follow the same precedents in the current Cabinet.

The Prime Minister’s decision and the terms of his letter will, I have no doubt, be studied in academic and other circles to gauge his idea of Cabinet government. I note that those now considered as essential members of the Cabinet are the Secretaries of State—the ministerial heads of the various departments. They are regarded as more essential than the Leaders of the two Houses of Parliament. That is a profound comment on the way in which our constitution and the attitude to Parliament have developed, particularly in a bicameral Parliament.

As far as I am concerned, it gives rise to two reflections. These days there are no heads of departments in the Lords, which used to be quite normal. For example, my noble friends Lord Young of Graffham, Lord Cockfield and Lord Carrington headed departments not long ago in the constitutional reckoning of time. In spite of all the huge numbers of appointments to the Lords, no one has recently been appointed to be head of a government department.

[Baroness Royall of Blaisdon]

My Lords, perhaps I might point out to the noble Lord that we had two members of the Cabinet in the Lords: my noble friends Lord Mandelson and Lord Adonis, both of whom headed departments.

[Lord Cope of Berkeley]

Yes, I said that the examples which I drew were recent, but I accept that the particular examples given were a little further away. I entirely accept that those are perfectly acceptable ones as well. It used to be quite a normal thing, but the fact that there is no head of department in the Lords at the moment is perhaps an indication of the view of the Lords held in other places.

My other reflection is that all heads of departments now seem to be Secretaries of State and, as a result, are covered by Schedule 1 to the 1975 Act. Of course, that was not always so in days gone by. I have heard it justified by the fact that, because of the wording of many statutes, Secretaries of State alone can issue statutory instruments. So the proliferation of Secretaries of State flows from the proliferation of statutory instruments in Bills and Acts. I have complained before in your Lordships’ House about legislative drafting habits and the difficulties that this particular practice gives rise to, but that is a side reflection.

For these constitutional reasons, I regard this decision as most unfortunate. I believe that it has already changed the constitution temporarily by allowing my noble friend the Leader of the House the full status of a Cabinet Minister even though she does not hold the rank. I hope, as the Prime Minister does, that it will prove temporary and certainly that it will not be a precedent.