(3 years, 1 month ago)
Lords ChamberMy Lords, I thank the noble Lord for his comments. That is a very good suggestion; indeed, a lot of things have not happened that the gloom-mongers said would happen, and they are not going to happen. He is right that this is about bringing back democracy; if you do not like what we are doing, there are ways of dealing with that. We believe we are doing the right thing for the country and that it will prosper under the agenda we are setting out.
My Lords, will my noble friend give me some comfort? I thought that “take back control” meant an elevation of parliamentary sovereignty. Why are we therefore seeing so many government Bills stuffed with Henry VIII clauses? We had one on Tuesday this week. What we want is the sovereignty of Parliament—Parliament in control—not the sovereignty of the Executive.
(3 years, 1 month ago)
Lords ChamberMy Lords, being a Member of your Lordships’ House is something that we treasure, but it is clearly important that the principles of the Burns committee are properly accepted and that we do not continue to inflate our size. Being here should be regarded as a vocation to public service, and those who are honoured in another way do not have to come here, as the noble Lord, Lord Kerr of Kinlochard, indicated.
There are rumours swirling around even as I speak that another 30 Peers are to come here next month. I profoundly hope that that is wrong, because it is important that we have balance. It is important that no single party has an overall majority. There is no point or purpose in your Lordships’ House unless it truly scrutinises legislation and has the opportunity to ask the other place to think again, and it cannot do that unless the Government of the day are defeated from time to time. They can always put it right; the other place has the final word. That is as it should be for an elected House, but we should be able, without fear or favour, to scrutinise, to suggest improvements and amendments, and to be prepared to press them up to a point if we believe that necessary.
It is crucial, however, that there should be a degree of true impartiality in the selection of those who sit here. That can be brought into effect only if we have a proper statutory Appointments Commission. As my noble friend Lord Norton indicated, his Bill allows the Prime Minister to have the last word, and that is right—but he is not the fount of all knowledge and should not be the fount of all appointments.
(3 years, 6 months ago)
Lords ChamberMy Lords, again, the specific, final decisions that address those points have not yet been made and will be announced on the timescale I have indicated to the House.
My Lords, I raise a point I have raised many times before; I have had good answers from the noble Lord, Lord Bethell. A vulnerable area is the care home sector. It is absurd that care home workers are able to refuse to be vaccinated when they are attending to the most intimate needs of vulnerable, frail and often very old people.
My Lords, my noble friend makes an important point about care homes, and I am sure my noble friend Lord Bethell will consider that carefully. The safety and security of the most vulnerable is absolutely vital.
(3 years, 8 months ago)
Lords ChamberMy Lords, it is a pleasure to follow my friend, the noble Baroness, Lady Hayman. She is of course right: minorities must always be carefully guarded, as long as they behave legally, but majorities have their rights too. It is important that that is recognised. We need to live in a more mutually tolerant and respectful society.
I am very glad not to be going—metaphorically—into the Division Lobby tonight. I am grateful to my noble friend Lord True and his ministerial colleagues for recognising the overwhelming view expressed in the debate at Second Reading on Monday evening. Those speeches were made not because the people making them were intolerant; rather, because all of us were concerned about the role of women in society and the way in which some people have sought to marginalise it. It seemed, to me and to others, quite absurd that a Bill with “maternity” in its title contained not a single reference to “woman” or “mother”.
I rather share the views of my noble friend Lady Noakes, who set us off on a very good path on Monday night with her regret Motion, which she did not press to a Division. If we were to put one word in, my marginal preference would be for “woman”, but there is no more wonderful word in the language than “mother”. I am happy not to join the noble Lord, Lord Hunt, in pressing his amendment, to which I am a signatory, but rather to accept with due gratitude the Government’s recognition and incorporate the Winston-Lucas amendments throughout the Bill—because that is what it amounts to.
The problem with a Division is that it would have sent out unfortunate signals, most of all signals that the Government were not prepared to recognise the obvious. They have now done so; for that, many thanks. I am one of that group of colleagues who has met my noble friend Lord True on two or three occasions this week. We have been grateful to have sometimes robust discussions with him. He has clearly listened and talked to his ministerial colleagues. For me, the most powerful lesson of this week is that it is a wonderful illustration of how your Lordships’ House can reach across parties. We must recognise that we were a group made up of Members from political parties, the non-aligned and the Cross Benches, who had a common aim and a common purpose: to entrench toleration in this particular legislation. Not a single one of us opposed the Bill itself. There were, of course, those who criticised the Bill on Monday for not going far enough or being inclusive enough; those were valued comments and doubtless we shall come to them again.
However, the thing that united all but two of the speakers on Monday was the problem of language. We are possessed of a wonderful language in this country. To anaesthetise it in the way originally suggested in the Bill was not really good. By the way, I noticed in the Times this morning that our colleagues in France are also having problems with inclusive language and all the rest of it, so this problem is not limited to our country or our time. We do not have an academy to protect our language in the way the French do, of course, but it is a rich and marvellous language. Quite soon, we will commemorate the anniversary of Shakespeare’s birth, which will give us another chance to recognise how rich, varied and wonderful our language is.
There is no more powerful word in the language than “mother”. The fact that it will now be in the Bill gives me great pleasure. I have not been deluged by letters—partly because I am very new to email—but I have had a number of them, some of which were heart- rending, from women who felt that they were being marginalised and not recognised. They rejoiced in the fact that they had, as one of them put it to me, some champions in the House of Lords.
This is not the end of the matter—it is not even the beginning of the end—but, as the greatest of Englishmen in the last century, Churchill, said, this is the end of the beginning. It is important that we review how language is used in legislation. It is important that we look at all the kindred aspects of toleration and how women can be properly recognised, having fought so hard for freedom. It is important that that can now be entrenched and not put aside or marginalised. This has been a good illustration of how colleagues can work together with a common purpose and a common aim. I am glad that we have, to some degree, realised that today.
My Lords, first, let me say that I am more than grateful to the noble Lord, Lord True. At one point at Second Reading, he expressed a real sense of humanity, which is important here. Of course, like him, I recognise that “maternity” comes from the Latin “mater”, meaning “mother”, so it would be fairly ludicrous to exclude the possibility of “maternal” and other such words not being feminine.
Like other speakers, I have basically ditched my speech. I want to say just a few, hopefully relevant, things. In my life, there are four issues that have been really controversial and because of which I have received particularly extraordinary adverse and hostile press. The first was when I first discussed the possible causes of chronic fatigue syndrome with Professor Simon Wessely, who is now interested in helping the Government on mental health issues. That issue produced a storm of deeply unpleasant letters. Another is that being a Jewish member of the Labour Party who did not leave the party, that did not lead to anything other than some rather uncomfortable correspondence as well. I am proud of my Jewish heritage, as I am very proud to be British. In a way, this week we have seen a particularly good piece of common sense prevail in this country.
Noble Lords might remember that I raised the issue of bicycles on pavements. The amount of hostile stuff I received was unbelievable, including a few death threats. But perhaps the biggest single thing has been the question of transgender, which I first discussed about three years ago on the “Today” programme with John Humphrys. I had a lot of very unpleasant correspondence. I do not know who it was from. I presume it was from people who had a different sexuality, but I do not know for certain because I did not meet any of them. Many did not sign their name or give me an address, so it was impossible to know.
I was very upset to hear the noble Baroness, Lady Barker, speak in the way she did, because we have agreed on many issues before. I have a massive respect for what she has done. I remind her that I was probably the first person, not only in this country but in Europe, to offer any in vitro fertilisation—it was free, of course—to lesbian couples. I am proud of that. It was important. I am certainly not a bigot or opposed to people’s different sexuality, and that certainly applies to transgender.
One thing I want to suggest is that, clearly, we will come back to this issue. We have forgotten something completely in this discussion that we really need to consider. It is all very well to speak about words, but they are often not being used correctly or with their proper definition. As a scientist and biologist, I recognise that there are very different views on gender, sex and sexuality, and they need to be stated very clearly.
For example, when it comes to sexuality, perhaps the greatest single biologist who has written on this and researched it endlessly is Professor Roger Short, a fellow of the Royal Society, who is now long retired. His work is really important—I dare not use the word “seminal”, but noble Lords will understand what I mean. He has shown, in various important pieces of research, that sexuality is not a single issue. We have genetic sex. Each of us has around 30 trillion cells in our body, which will be either XX if we are female or XY if we are male. That is something fundamental that develops from the moment of embryo genesis. Indeed, what I showed in my work many years ago was that, within three days of fertilisation, a male embryo’s metabolism is more active than that a female embryo. We even thought about trying to use this as a way to determine whether a woman would have a male or female baby during the in vitro fertilisation process, but the figures were not discrepant enough for that to be scientifically useful.
There is also gonadal sex. It is very clear that somebody who has a testis is at least male, while somebody who has an ovary is female. An ovotestis is exceptionally rare. It happens a few times, but invariably all those who have given birth with that kind of intersex have been female. They have all been XX and they predominantly all had an ovary.
There is germ cell sex as well, because we have cells in our bodies that are either sperm, in the case of a male, or eggs, in the case of a female. Those do not change, except in some rare situations. In reptiles, changes of temperature can affect the sex of an egg. It is true that marsupials and some weird voles, Microtus oregoni, seem to be able to dictate their sex to some extent with the environment. However, that is quite unique and does not occur in most mammals and certainly all humans, as far as we know.
Hormonal sex is also important, and it starts before birth, not simply at puberty. Testosterone starts to have an influence very early on in the womb. It is important to realise that women, too, produce the male hormone. In fact, if they do not, the chances are they will be infertile, and they certainly will not be as good at debating in the House of Lords than if they did have testosterone. Somehow, testosterone seems to create a feeling of wanting to express yourself in some way. I make that as a rather ludicrous aside, but noble Lords will understand what I mean.
I will be half a minute. I tabled this amendment in order to help the Government in general and the Attorney-General in particular when there were noises abroad that her pregnancy was far advanced. It is unfortunate when we have to take legislation so quickly and, save in real emergencies—and this is not one—I wish that both Houses had a little more time. The amendment would have enabled that. However, I am delighted at the way in which things have gone this afternoon and, therefore, although I do not wish to silence anyone who is down to speak, I should say that I have no intention of putting this to a Division.
Amendment not moved, Lord Cormack?
(3 years, 8 months ago)
Lords ChamberMy Lords, it has become almost formulaic to say that it is an honour to follow the previous speaker, but it is an honour to follow the noble Baroness, Lady Grey-Thompson. She is a woman of quiet courage and total determination; she spoke from the heart and I hope we will heed her.
We have all said, and meant it, that we wish the Attorney-General well and a safe delivery of a healthy child. It is totally fitting that we should be passing legislation that enables her not to have to worry about her job or future—unless the Prime Minister changes his mind about her appointment, but that is a wholly different issue—and we can all support the objectives of this Bill, narrow and late as it is. I associate myself with all the comments made by the noble Baroness, Lady Gale, and others on that.
Apart from my noble friend Lord Randall of Uxbridge, with whom I normally find myself in agreement, but certainly and emphatically not tonight, we are all concerned about the language, particularly the erasure of “woman”, “maternal” and “maternity”. We are very fortunate to have a glorious mother tongue—I use the words very deliberately. In our language there are some rich, marvellous and emotive words, none more so than “maternal” and “mother”. There cannot be a Member of your Lordships’ House who does not have fond memories of a mother or grandmother. For many—I include myself—a mother has been the most significant and important figure in their early life. I still think of her very fondly.
I believe it is completely wrong to have the ugly insensitivity of “person” in the language in this Bill. “Personhood and apple pie”—how wonderfully and trippingly it comes off the tongue. I disagree with what has been implicit in many of the fine speeches we have heard, led by my noble friend Lady Noakes: a sort of recognition that we cannot really do anything about it this time. We can. We have a Committee stage on Thursday. If my noble friend the Minister really recognises this, as he does to a degree in the changed Explanatory Notes, and if we can have a translation of that recognition into a free vote, which there should be—I believe all votes are free votes, but I know that is not a commonly held view—we should be able to change this Bill without delay.
If my right honourable friend the Attorney-General is great with child and could produce a child very soon, and this is one of the reasons for the hurry, we can forget that, because I shall introduce an amendment on Thursday which would make this possible for her, if the child is born between 22 February and the receiving of Royal Assent. We can certainly deal with this and make sure that the Bill emerges from our House, as so many Bills do, improved—improved in its language and its recognition of the importance of maternity and motherhood.
I beg my noble friend to talk to his colleagues in government, because the amendments that we shall move do not alter by one jot or tittle the thrust and content of the Bill. All they do, by using the words “woman” and “mother”, is recognise properly that the Bill is about maternity. If the Government were to accept that, the passage of the Bill would not be delayed by more than 24 hours at the very most. As I said, if the child were to be born in that period, and if we accept the amendment that I will have tabled or something like it, then there is not a problem at all.
We are guardians of many things in your Lordships’ House, and one of the things that we should guard with most jealous fervour is the English language. I hope that we will strike a small blow for that as we strike a big blow for motherhood when we come to dispose of this Bill in Committee. I accept the fact that we do not normally vote on Second Reading, and I am not calling for that. I know that my noble friend Lady Noakes, who made a very fine speech, is not calling for that either. I am, however, calling for common sense to triumph over the language of bureaucracy. I hope that we will make progress in the right direction here, just as we are making progress in acknowledging motherhood. We should not do so with a Bill that does not acknowledge motherhood.
(3 years, 10 months ago)
Lords ChamberMy Lords, I will vote for the Bill without hesitation because I do not see any realistic alternative. However, although I will vote with relief that we have escaped no deal, I will not vote with euphoria because I have some regrets and concerns. I regret that we did not rally behind the deal that was painstakingly negotiated by Theresa May some two years ago. I regret that the Government have been so fixated on meeting their self-imposed deadline even in the midst of pestilence and recession—a recession such as we have not seen for 300 years. I regret that parliamentary sovereignty has been violated by obliging both Houses to pass an 80-page, 40-clause Bill, peppered with Henry VIII provisions, as my noble friend Lord Moynihan said, in just a few hours.
I am concerned at what we are approving: an inadequate recognition of our financial services sector; an abandonment of promises to maintain Erasmus, which a number of colleagues have touched on; a neglect of our cultural sector; and, in everything, a proliferation of bureaucracy and red tape, such as the creation of 23 supervisory committees. I am also concerned, and others have touched on this, that the future of Gibraltar remains uncertain.
I do not want to sound churlish but I fear there is more tinsel than guiding star in this Bill. Having said that, we must make it work, and in doing so we must put past differences behind us. We must seek to repair and strengthen our own union because it is at risk. We must do everything that we can to recreate close and convivial relations not only with the EU but with each and every one of its constituent countries. They are all our colleagues and our friends, and we need to go forward together in these difficult times.
(3 years, 11 months ago)
Lords ChamberMy Lords, I just popped in today to see this Bill put safety to bed, having participated extensively in Committee and on Report—speaking on it for far too long, noble Lords may wish to shout. I was therefore surprised to see the amendment in the name of the noble Lord, Lord Woolley, and to hear his speech. I congratulate him on a passionate and thorough speech, but one which should have been made at Second Reading. It was a perfect example of a Second Reading speech, and it would also have gone down perfectly well in Committee.
The noble Lord has apologised to the House for coming to the matter late in the day, as he put it, for which he blamed the pandemic. We have all had to change our modus operandi because of the pandemic, but I cannot imagine why, over the past four months, he was unable to participate in any stage of this Bill, online or in the Chamber. While I participated upstairs in Grand Committee, the noble Lord, Lord Tyler, participated from somewhere in the south-west—Devon, I presume—and many other noble Lords participated online. As a new Member, I made mistakes on the procedures, etiquette and courtesies of this House and had to apologise. I know he has apologised today, but the procedure that he has adopted, coming in with this amendment out of the blue at this late stage, is not the right thing to do in this House. I hope that he has not been used as a Trojan horse by the Liberal Democrats, because this has all the smell of a Liberal Democrat ploy. Someone else moves an amendment, the noble Lord has said that he will not vote on it, but it looks as though the Liberal Democrats will force a vote on ping-pong at this stage.
Irrespective of the merits of the arguments and the passionate speech by the noble Lord, Lord Adonis, we should follow the usual customs and courtesies of this House at ping-pong.
My Lords, my noble friend Lord Blencathra makes a very important point, one that was acknowledged in his speech by the noble Lord, Lord Woolley, when he said that he would not be pressing his amendment to a Division. That is right. Reversing that famous quote from TS Eliot’s “Murder in the Cathedral”, he was doing the wrong thing for the right reason, rather than the right thing for the wrong reason. I have great sympathy with him. We should move on with this Bill now, but we cannot escape facing up to the realities of compulsory registration.
Some of your Lordships may recall the phrase, “no taxation without representation”. If you are obliged to have your national insurance number and to pay tax, you should be obliged to be on the electoral register. I would go one step further: I believe in compulsory voting. That does not mean you cannot destroy your ballot paper or write, “A plague on both your houses” on it. I believe it is a civic duty to take part in the electoral process whether by casting or spoiling your vote.
(4 years ago)
Lords ChamberThe noble Lord’s question is timely, because part of my responsibility is for the procurement reform rules which we are putting into place and will be able to use once we leave the EU on 1 January. Part of the problem we have had over this crisis is the extremely clunky method of procurement that is imposed on us by the OJEU rules. It will need primary legislation, but we have designed a programme that will deal with exactly the issues that the noble Lord raises. If he is interested, I am happy to send him a draft copy of the Green Paper, which will be available in the next week or two.
My Lords, like the noble Lord, Lord Berkeley of Knighton, I applaud what the Chancellor has been seeking to do in very difficult and trying circumstances. However, as the noble Lord said, if the country is to get back to normal, it, like the hospitality sector, will be very dependent on a thriving cultural sector. My noble friend did not really face up to this in answering the noble Lord, but it is a fact that, although we all applaud the creation of a safety net for the self-employed, a vast number of them—self-employed musicians and so on—are falling through it, particularly in the cultural sector. Can this matter be addressed as one of urgency? Frankly, it is insulting to say to musicians, who have spent a lifetime training, that they can retrain for something else.
I respect my noble friend’s passion for this area and I agree that it is an extremely important part of our society, as I said earlier. We have put forward a cultural recovery fund of some £1.5 billion, and of course we will continue to look carefully at what more can be done to support those who are falling through the net. I just remind my noble friend that our overall employment support scheme has been one of the most generous in Europe, but the group that he refers to is extremely difficult to get to easily.
(4 years ago)
Lords ChamberMy Lords, I certainly support this amendment; without it the Bill would have been based on a false prescription
Repeatedly during the passage of the Bill, we heard from Ministers that through it, Boundary Commission proposals can be brought forward without political interference. The dreadful word “automaticity” entered our vocabulary —or was refreshed—repeatedly. Under the system prior to this amendment, which I hope will pass, there certainly was not automaticity; there was automaticity “up to a point, Lord Copper”. An automatic car goes up through the gears without any interference from the driver. In the case of this Bill, the Boundary Commission proposals could move forward seamlessly over the first few hurdles, but at the point where the Order in Council had to be presented, that involved the driver, who, in this case, of course, is the Minister. The amendment tabled by the noble Lord, Lord Young, deals with that problem to a considerable extent—not quite as far as far as I would have liked, but there we are.
I congratulate the noble Lord, Lord Young. I reread his Committee stage speech and it really was masterly. The Minister, in fairness, realised this and all but said, “game, set, match and tournament” when he was winding up. Of course, we still do not quite have automaticity, and the part of the amendment that maybe I should have put down an amendment to and do not feel too happy about is that the four-month requirement for the laying of the Order shall proceed
“unless there are exceptional circumstances.”
In his speech today, the noble Lord, Lord Young, was all too aware that the validity and strength of this amendment depends to a degree on what is meant precisely by “unless there are exceptional circumstances”. The Minister said that they would be things like the Covid crisis. No one would deny that that is an exceptional circumstance but of course, as far as I can remember in my political life, whenever there are exceptional circumstances of anything approaching that level, emergency legislation is immediately introduced. Among other things, as with the Covid legislation, this sets asides all sorts of aspects of normal political behaviour. It postpones local elections. You cannot get anything quite as interfering in the normal processes of democracy as postponing local elections.
I am quite certain that if exceptional circumstances of the sort the Minister is envisaging were ever to take place and emergency legislation were required, it would be easy to insert a provision stating that the four-month rule must be overruled. I really see no need to put in the Bill the phrase “unless there are exceptional circumstances”. It may have been one of the compromises that the noble Lord, Lord Young, acknowledged are necessary when parties are involved in discussions, but the Minister really does need to address this point when he winds up. Can he please list the exceptional circumstances the Government have in mind and are worried about? In each case, can he give me an example of when it would not be necessary to introduce emergency legislation? Any emergency legislation could easily deal with this issue—I do not think it is a problem, but it is addressed in the Bill—by allowing this “exceptional circumstances” exemption. I look forward to hearing what the Minister has to say about this, because I think it is a weakness in the amendment.
My Lords, not for the first time I find myself very much in sympathy with the points made by the noble Lord, Lord Grocott, who always contributes sage and sensible comments to debates on constitutional affairs.
I would like to begin by congratulating and thanking my noble friend Lord Young of Cookham. By accident, my amendment went ahead of his in the debate in Committee, but he was the one who did all of the work and he made a most impressive speech, as the noble Lord, Lord Campbell, said a few minutes ago; he has also been foremost in the negotiations following the debate. It would be churlish—because my noble friend Lord True was effectively replying to my amendment— not to thank him for what he said and what he has subsequently done.
I do not want to enter a discordant note, but I was tempted, as I said to my noble friend Lord Young the other day, to put down an amendment on the timing. I am very disappointed that it is four months. My noble friend Lord Young suggested “three months”, I suggested “six weeks”. I would happily have compromised, but I think four months is a shade long and I would like a brief explanation from my noble friend Lord True as to why he felt he had to go to that far.
The noble Lord, Lord Grocott, talked about exceptional circumstances. Of course, I accept that there are certain very sad and exceptional circumstances—one of which my noble friend Lord Young of Cookham referred to—but “exceptional” really has to be exceptional. I remain, always, suspicious of the Executive, from whichever political party they come, and I am always, first and foremost, a Parliament man. We have at least got a better outcome that we had in the original Bill. I am grateful for that, and I very much echo the words of my noble friend Lord Young of Cookham, who said there is great virtue in compromise. Of course there is, and may this indeed be a lesson to those who are currently conducting the most important negotiations in which our country has been involved for a very long time.
My Lords, before I comment on this amendment, can I pick up on what two noble Lords have said? When I spoke in Committee, I referred to automaticity and its derivation in this particular context. The noble Baroness, Lady Hayter, pointed out that the trade unions had got there first. I have mentioned to her since that, while we were in Committee, I was doing a search on the word “automaticity”, as was one of my noble friends, who managed to come up with an even earlier use of it. Shall I say, he was “cycling” through the web, which may indicate who found this wonderful piece of information. It is a study of the
“Effect of adenosine on sinoatrial and ventricular automaticity of the guinea pig”.
My noble friend Lord Blencathra talked about the years 1969 and 2011. Of course, he missed out 1983. I know that he, like the noble Lord, Lord McLoughlin, does not have a direct interest in 1983, but it affected some of us very strikingly and was the third occasion when this occurred.
I have received a request to ask a short question for elucidation from the noble Lord, Lord Cormack.
My Lords, I have a very short question for my noble friend, to whom I have listened with great care and considerable sympathy. What can possibly be lost by putting the four constituent countries of the United Kingdom on a similar footing?
My Lords, the matter before the House is whether the system for England and Wales is sufficient and effective. The contention I put to your Lordships’ House is that it is sufficient and effective. My noble friend will know in any case that the particular circumstances of Northern Ireland have long demanded different approaches.
(4 years, 1 month ago)
Lords ChamberMy Lords, the Chancellor has consistently said that his interventions have to be macroeconomic. However, we have tried to create safety nets to protect as many people as we can in the economy. I share the noble Lord’s concern for the music industry. My own father read music at Cambridge before the war, and I completely agree with the noble Lord that it is a very important part of our culture.
My Lords, my noble friend says that he is anxious to protect jobs that are viable and has just talked about some jobs in the music industry. Does he accept that the heritage sector would be given a boost and that many skilled craftsmen would be able to retain their jobs if VAT, which is not charged on new buildings, were removed from the charge on repairs to listed buildings of historic importance?
My Lords, I should probably disclose that I live in a listed building and that what my noble friend suggests would therefore greatly benefit me personally. However, the reality is that in this crisis we have to look at a higher level. I am encouraged to see that the construction industry is coming back at full throttle and that the large number of construction workers who were furloughed in March and April have largely been reintroduced into the sector. We are also about to announce the green energy scheme, which is a £2 billion to £3 billion investment in energy improvements for public buildings that will also be available to the public.