Restoration and Renewal: Location of House of Lords Chamber

Lord Cormack Excerpts

Monday 16th May 2022 Lords Chamber

[Lord True (Con)]

My Lords, as far as the R&R scheme is concerned, that is a matter for both Houses. As far as government property is concerned, obviously that is a matter for the Secretary of State. The right reverend Prelate makes a cogent point.

[Lord Cormack (Con)]

My Lords, my noble friend is playing an admirable straight bat, on which I congratulate him. But on whose authority did Mr Gove contact the Lord Speaker, the Speaker or anyone else? Was he speaking for the Government? If so, does he not realise that this is not a matter for the Government, as my noble friend has told us? Was this just another freelance exercise by an intellectual flibbertigibbet?

Elections Bill

Lord Cormack Excerpts

Consideration of Commons amendments
Wednesday 27th April 2022 Lords Chamber

[Lord Rennard (LD)]

I speak to Motion B1. We have already agreed in this House that compulsory photo ID at polling stations is not necessary. At no stage in any of our debates have the Government presented any evidence that compulsory photo ID is necessary, or proportionate, to what they try to claim is a risk of impersonation. In fact, there is proof that impersonation at the polling station is not a significant problem. The number of replacement ballot papers issued in the last general election, mostly because of a clerical error in crossing off the wrong name, was just 1,341 out of over 32 million ballot papers issued. That is an average of two replacement ballot papers in each constituency, or just one for every 30 polling stations. Mostly, they were issued due to clerical error, not fraud. Therefore, spending £180 million over the next 10 years to make photo ID a requirement to be allowed to vote is wholly disproportionate and unnecessary.

In an earlier debate, it was stated by a Minister that if someone claimed your vote, they had stolen it and you could not get it back. However, the replacement ballot paper system means that this is not the case. Unlike someone stealing a parcel of yours at the Post Office, you can get a replacement ballot paper if one has already been issued in your name and an investigation is made, if necessary.

The Minister referred to Northern Ireland and the recent increase in turnout, which I am sure is not due to the popularity of photo ID. If we look back to when photo ID first came in for the 2003 Northern Ireland Assembly election, we see that estimates were that around 25,000 voters did not vote because they did not have the required ID, and almost 3,500 people—2.3% of the electorate—were initially turned away for not possessing the required ID. There are 20 times as many people in Great Britain, so you can do the maths.

However, there is a sensible alternative to the Government’s proposals. It should be seen as a sensible compromise. It would safely address any legitimate concern that the Government claim to have about impersonation at the polling station. Perhaps significantly, it would also fulfil what was in the Conservative Party’s manifesto in 2019.

In addition to the documents considered acceptable to the Government as proof of identity, there is a document already issued to every voter by the official electoral registration officer. That document is the official polling card. In the local election pilots conducted under the Government’s own rules, the poll card was deemed an acceptable form of voter ID in some council areas and was chosen by 93% of voters where it was an option. This compares with 5% choosing to use their driving licence and 1% choosing their passport. Most significantly, the number of voters turned away from polling stations was half the level of that in areas requiring photo ID. That is the real point of the Electoral Commission’s analysis of those pilots.

Every voter on the electoral register is issued with a polling card. There is therefore no additional cost in making it an acceptable form of ID. A fraudster would have not just to impersonate someone at a polling station but to have stolen their poll card in advance. In the unlikely event of it being stolen, it could be replaced, and someone using the original could be arrested at the polling station for using it. So let us offer this compromise from this House. It offers greater security but no discrimination and no great expensive additional bureaucracy.

I believe that we do not require substantial further debate on this issue tonight, but we do need to act to prevent abuse of a majority in the other place.

[Lord Cormack (Con)]

My Lords, I will not say very much about the amendment in the name of the noble Lord, Lord Rennard, because I wish to concentrate on that in the name of the noble and learned Lord, Lord Judge. All I will say is that I think we need identity cards in this country, full stop.

I feel very troubled tonight. At Second Reading, I made it quite plain that I was strongly opposed to Clauses 14 and 15. I made a similar comment in Committee. On Monday, I was glad to be able to support the noble and learned Lord, Lord Judge, the noble Lords, Lord Blunkett and Lord Wallace of Saltaire, and my noble friend Lord Young of Cookham, when, along with nine or 10 Conservative colleagues, I voted for the amendments in the name of the noble and learned Lord to delete those two clauses.

I am troubled because, frankly, although I accept the good intentions of the Minister, my noble friend Lord True—his integrity is not in any doubt whatever—I do not think that tinkering will really meet the points that were made by those of us who wanted to delete the clauses. It is not for me to say that we should insist, because it is very much the noble and learned Lord’s amendment and he has made his decision, which, again, I respect totally. However, faced with a choice between tinkering and tinkering, I personally think that we have missed the opportunity to put this Bill in order by deleting two clauses that are fraught with danger to our constitution and election system.

The best we can hope for now is really scrupulous post-legislative scrutiny to see how this works out—it is essential that that happens—but we are put under a degree of pressure. Although this is the first stage of ping-pong on this Bill, when I came in this morning, all the robes for Prorogation were hanging up. The Government are clearly determined to prorogue Parliament tomorrow and not to use time later this week—which could have been used—or next week for a battle. I therefore find myself very much in the position of the noble Lord, Lord Coaker, at an earlier stage today, when he praised the noble Baroness, Lady Chakrabarti, and the noble Lord, Lord Kerr of Kinlochard, but said, “Really, the time has come”. I believe it is quite clear that the time has come for the end of this Session of Parliament. It is not one that will go down in the history books as a Session of glory or a Session that has enhanced the democratic credentials of government. It will not go down in history as a Session that has seen our country maintain its staunch defence of the rule of law, as it has done in the past, but that is where we are.

Frankly, the most honourable thing I can do tonight is not to vote. I believe that we should have deleted the clauses, but we have not done so. We gave the Commons an opportunity to delete the clauses, but they completely spurned us. They are entitled to do that, but I do not necessarily think that they were wise in taking the line they took. However, that is the line they took, and it is the line they will take if the amendments in the name of the noble and learned Lord, Lord Judge, are passed tonight.

We should just mark this as a pretty sad episode and, as I say, scrutinise the legislation once it is on the statute book. We will need to come back to these issues. We must make absolutely sure that the Electoral Commission is not trammelled in its work and is able, as similar bodies in other democratic countries are, to ensure that our elections are scrupulously controlled, totally impartial and never subject to the whims of any political party—right, left or centre. This is a sad day for me, but that is the conclusion I have reached.

[Lord Willetts (Con)]

My Lords, I want briefly to refer to Motions B and B1. In this House, we moved and passed an amendment that would have significantly added to the list of possible identifications that could be used by voters. I continue to believe that that would have reduced the risk of genuinely eligible voters finding themselves unable to vote. Nevertheless, that amendment has been substantially rejected in the other place and, as we have just heard from my noble friend Lord Cormack, we are drawing to the end of this Session.

I take some comfort from the words we have just heard from the Minister; I thank him for his engagement with this issue. He assured the House that it will be perfectly possible through secondary legislation to add to the list of identifications that can be accepted. He also assured the House that the Government will monitor the potential for new forms of ID to be used and improvements to the security of IDs, which appeared in our original amendment but have now been rejected. I hope that the evaluation he has promised will show that it is possible to add to the list of further IDs that can be used; that would be desirable. I very much hope that the Minister and the Government will be as flexible as he has said. In the light of his assurances and the clear rejection from the other place, I do not think that it is now our role to pursue this issue further.

Elections Bill

Lord Cormack Excerpts

Report stage
Monday 25th April 2022 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I would like to join in on all these comments about the Prime Minister’s failings, but I just do not think there is time in this debate.

I support the noble and learned Lord, Lord Judge, and will obviously support the amendments, but before I speak to those specifically, I hope noble Lords will not mind if I speak briefly about what we are facing this week—and possibly next week—because the Government have created a legislative deadlock. This was not the fault of your Lordships’ House; it was the fault of the Government, and if this legislation is not passed in the next few days, it falls completely. I have no problem with that—I would like to see it all fall—but the fact is that that probably is not a position your Lordships’ House can take. However, we can obtain very significant concessions from the Government. They will not want to lose all these Bills, and this is an opportunity for us to throw out the worst bits of the legislation that we have all argued about over the past few months.

I make a plea to the Labour Front Bench and the Cross-Benchers that we maintain the maximum amount of toughness in the face of what the Government are trying to push through this House. We should not fumble this opportunity to improve Bills that we have tried to improve, only for almost all those amendments to be ripped out by the other place. So, I am looking forward to today. I have sat here and listened to the speeches with a real smile on my face; it has been wonderful.

Amendments 45 and 46 are a perfect example of why we should not back down. We have to insist that we will not pass the Bill if Clauses 15 and 16 remain in it. The Electoral Commission, as we have heard, said it best, and I agree. It says that the proposals are

“inconsistent with the role that an independent commission plays in a healthy democratic system.”

This Government are trying to reduce the amount of democracy we have in Britain, and that is a terrible failing for a democratically elected Government.

The Greens are very grateful to the noble and learned Lord, Lord Judge, for leading on these essential amendments. I am sure he is going to carry the House with him, and we will obviously vote for them again and again—as many times as it takes to force the Government to drop them or lose the Bill entirely.

[Lord Cormack (Con)]

My Lords, it is always a great pleasure to follow the noble Baroness. I frequently do not agree with her; today, I most certainly do and I think, to use the words of the noble Lord, Lord Blunkett, this is one that we take to the wire, because this is completely unacceptable in a Bill of this nature. In no circumstances could I possibly condone the Bill if it goes forward with these clauses in it.

As I was listening this afternoon to some excellent speeches, I thought of those famous words of Acton: “Power corrupts; absolute power corrupts absolutely.” I am afraid we are in danger of our Government being corrupted. I use those words deliberately and slowly, but it is a real risk, because the arrogance that we see from this Government—my noble friend Lord Hailsham referred to this—is something that, in my 52 years in Parliament, I have not seen before. Coupled with it is a disinclination to disagree agreeably, and in a democracy it is very important to be able to do that.

For a Government to take these powers to themselves is something up with which we should not put. I referred to this in previous debates, at Second Reading and in Committee. We have here a potential seizure of power that, as my noble friend Lord Young of Cookham said, we would not have countenanced from the Labour Government, with their massive majority, 22 years ago, when he and I—he was leading—were dealing from the Front Bench with the Bill that established the Electoral Commission.

--- Later in debate ---

[The Minister of State, Cabinet Office (Lord True) (Con)]

My Lords, I have not detected universal enthusiasm for these clauses in the debate, but I will seek to persuade your Lordships that they should remain. Of course, in remaining, one of the things they do is provide a basis for further discussion.

Your Lordships’ House is a revising Chamber, but we do not have here amendments to revise. These amendments would simply remove clauses on the basis of arguments which, in my submission, are exaggerated in their concerns, although I understand and share the concerns for democratic responsibility and respect. We have even heard several threats to kill the whole Bill. I must remind noble Lords that this is a Bill that prevents election fraud and abuse; introduces the first controls on digital campaigning; cracks down in many ways on foreign spending; and improves the integrity of postal voting. These are matters which have wide assent across the Chamber and across both Houses. It would not be wise or proportionate for your Lordships to consider killing those proposals on the basis of this particular issue.

[Lord Cormack (Con)]

Would my noble friend accept that if the Government withdraw these clauses, on which there is a great deal of opposition, the Bill will go through? Several of us have said that it has many excellent features. We do not want to kill the Bill, but we do want to remove this anti-democratic element from it.

[Lord True (Con)]

My Lords, I can only respond to the language I heard in the debate and, of course, that will lie in Hansard. Of course I listen to the range of concerns set out by your Lordships. The main concern that I hear, and understand, is about the potential impact on the independence of the Electoral Commission.

I stated in Committee, and I do so again now, that the Government’s proposals take a proportionate approach to reforming the accountability of the commission to Parliament, which some who have spoken have admitted could be reviewed, while respecting its operational independence. I agree with the noble and learned Lord, Lord Judge, and others that it is vital we have an independent regulator that commands trust across the political spectrum.

By the way, the noble Lord, Lord Stunell, asked would I worry if the Labour Party had such powers on the statute book. I remind your Lordships that the Labour Party is a great constitutional party, and I would trust it to use the responsibilities and powers that it had in an appropriate manner.

In previous debates, parliamentarians across both Houses identified areas of concern with the commission’s work. My noble friend Lord Hodgson of Astley Abbotts spoke to this. Under the existing accountability framework, in practice, parliamentarians are limited in their ability to scrutinise and hold the commission effectively accountable. The report by my noble friend Lord Pickles, whom I am pleased to see in his place, obviously alluded to certain issues that he felt had not been fully addressed. These measures will seek to remedy this by providing guidance, as approved by Parliament, for the commission to consider in the exercise of its functions, and by giving the Speaker’s Committee an enhanced role in holding the commission to account in how it has performed its duties in relation to the proposed statement.

It has been suggested, several times, that the “duty to have regard” to the strategy and policy statement placed on the commission in Clause 15 will weaken its independence and give Ministers the power to direct it. The Government strongly reject this characterisation of the measures. The Electoral Commission will remain operationally independent and governed by its Electoral Commissioners as a result of this measure, after as before. This duty does not allow the Government to direct the work of the commission, nor does it undermine the commission’s other statutory duties.

--- Later in debate ---

Many corporations have obviously got used to buying political influence, and they will not be happy about such a proposal. They may cease funding the political parties. If that is what they do, we will know that they were in it only so that they could get political advantages and that there was absolutely no other reason. Perhaps at that point, we may also begin to consider other alternatives, some of which have been mooted, such as capping political donations.

[Lord Cormack (Con)]

Is the noble Lord not aware that Report is for short, sharp speeches, not this endless diatribe he is currently inflicting upon us?

[Lord Sikka (Lab)]

I am very grateful to the noble Lord for his observation. I am sure that members of the public would be quite interested to note that when an alternative proposal is put forward, it is called a “diatribe”. That kind of confinement of alternative, competing discourses to negative spaces does not do any good. But the message I want to get across is that there is a corrosive element at the heart of our democracy that can be dealt with only by ending the receipt of any private money by any political party.

Dissolution and Calling of Parliament Bill

Lord Cormack Excerpts

Consideration of Commons amendments
Tuesday 22nd March 2022 Lords Chamber

[Lord Butler of Brockwell (CB)]

My Lords, I have mixed feelings on this occasion. As the House may remember from my remarks on Report, I always thought that our amendment to the Bill that we passed back to the Commons was a second best. I also regret, as the noble Lord has just said, that the monarch should be left as the only protection against the misuse of the prerogative power to ask for a Dissolution of Parliament. I wish that we had decided not to pass the amendment that we did but instead had removed Clause 3 from the Bill, but we did not. I hope that no trouble will come from this, but I fear that it could.

[Lord Cormack (Con)]

My Lords, I fear that if we had removed Clause 3, although I was very sympathetic to that line of argument, as the noble Lord knows, we would have had the same result. The Commons, whipped, would have sent back the Bill with Clause 3 reinserted. We should not delude ourselves.

Both noble Lords on the Cross Benches performed a signal service. It was right that the noble and learned Lord, Lord Judge, should take the initiative that he did. I supported him then, and I would support him again, but not tonight, because we both made it plain, as did others, that this had to be the decision of the House of Commons. I think Members have made an unfortunate and potentially dangerous decision, bearing in the mind the delicate position of the monarch. I am very sorry they have deleted the wisdom that we inserted into the Bill. But it has, and there for the moment is an end to it.

[Lord Newby (LD)]

My Lords, I echo the sentiments of the noble Lord, Lord Grocott. This is a bizarre situation, in that we said to the House of Commons, “We think, O House of Commons, that you ought to have a bit more power on one of the most important acts of the political calendar; namely, the calling of an election.” It is an act, of course, which affects every one of them intimately whereas it affects us not at all. They have said, “It’s very kind of you to suggest that we have more power, but, actually, we don’t want it.” That seems bizarre and surprising, but if the Commons in their collective wisdom decide that they would rather the Queen retain a power than that they be given one which we have very generously offered to them, it seems churlish of us to insist on it. Therefore, I do not propose that we do.

Elections Bill

Lord Cormack Excerpts

Lords Hansard - Part 1 & Committee stage
Tuesday 15th March 2022 Lords Chamber

[Lord Low of Dalston (CB)]

My Lords, I have here a speech in support of the case which has been deployed already with great eloquence by a number of speakers— I think that we are up to three or four already—so I think that the best service I can perform for the Committee is not to read it out. The argument for amending the Bill to underwrite the case for inclusion and accessibility in the voting process, particularly for blind and partially sighted people and people with disabilities, has been very strongly articulated. That being so, it is incumbent on the Government to take particular note of what has been said and respond to the call for reinforcing the accessibility and inclusiveness of the electoral process, in particular for people with disabilities and people who are blind or partially sighted.

[Lord Cormack (Con)]

My Lords, if an amendment has been tabled by the noble Lord, Lord Blunkett, and my noble friend Lord Holmes of Richmond, moved briefly but eloquently by my noble friend, and now endorsed by the noble Lord, Lord Low of Dalston, we do not really need to say any more, do we?

We talk about the expertise of this House. Here we have three of our most respected Members, who themselves have overcome so many of the difficulties of being blind. They can speak with a measure of experience that none of us can begin to emulate. I hope that my noble friend will give a very brief summing up and say, “Yes, we accept what has been said by those who truly know what they’re talking about”—and then we will move on.

[Baroness Jones of Moulsecoomb (GP)]

We do not really need to say much more, but I think I might try. I want to add a little layer of shame if I possibly can. I would like to know from the Minister why the Government are denying democracy to a section of society. That is exactly what is happening here. If blind and partially sighted people cannot see to vote properly or cannot vote in privacy, that is denying them democracy. My question, first, is: why? Secondly, why did the Government not put something like this in the Bill anyway? We have an ageing population—this section of society is going to get much bigger—so it is absolutely necessary.

The last thing I will say is that, if the Government insist on bringing forward these awful Bills, we will insist on trying to amend them. It is down to the Government. If they do not want to listen to us, they should bring us better Bills.

Elections Bill

Lord Cormack Excerpts

Lords Hansard - Part 1 & Committee stage
Thursday 10th March 2022 Lords Chamber

[Lord Cormack (Con)]

My Lords, I apologise that I cannot be here for the whole of today. When I spoke at Second Reading, I made my reservations about the Bill quite clear. There are certain aspects that I support, such as tidying up postal voting, but all that that needs is a short Bill.

It is grotesque that we have this Bill before us while people are literally dying for democracy. The best, most seemly and most honourable thing that we can do is to delete these clauses completely from the Bill. They have no place in a Bill of this nature in a country that prides itself on being the mother of Parliaments—it is not the institution, by the way; Bright’s quotation was that the country was the mother of Parliaments, and that is what we are. It is a heritage that we should do everything we can to cherish and preserve. We are exceptionally fortunate in the democracy that we have, warts and all. While people are being mown down in Ukraine and while brave people in Russia, in St Petersburg, Moscow and other cities, are going out on to the streets to protest, knowing that if they are arrested then they might face 15 years in jail—we heard earlier in our deliberations today of that poor man or woman who was in jail in Belarus in a tiny cell with 15 others, all of whom were smokers—we have an absolute duty to cherish and preserve our democracy.

A democracy needs to have a monitoring body. I spoke for the Conservative Party from the Front Bench in the other place when the Electoral Commission came into being. As we said at Second Reading—my noble friend Lord Hayward made this point—it is certainly entirely appropriate to review its operations after two decades, but to shackle it in such a way that the Government are in a position to dictate what it does is utterly and completely wrong.

There is no point in my noble friend, for whom I have considerable affection and regard, pretending that this Government do not mean any ill. I am perfectly prepared to accept that they do not mean any ill, but what if Mr Corbyn had had charge of this? Would we on our side of the House have thought it appropriate that a Corbyn Government should have the power to dictate to an Electoral Commission? One only has to state the words to underline their absurdity. I hope my noble friend will not see that we have protracted debate on this but will say that these clauses should go, and that we do not have to debate them further.

[Lord Foulkes of Cumnock (Lab Co-op)]

When I listed the people and groups who were going to oppose the Bill, I should have included the noble Lord, Lord Cormack, and some of his Back-Bench colleagues. I apologise for leaving him out.

[Lord Cormack (Con)]

It is a touching gesture. Anybody who considers himself or herself a parliamentarian should be opposed to this particular part of this particular Bill. I hope that message will be received by my noble friend and that he will realise that it should not be his mission to undermine, however indirectly, our parliamentary and electoral democracy because, of course, this applies to elections as well and not just to Parliament.

We are much in the debt of the noble Baroness, Lady Meacher, for tabling these amendments. She introduced them with remarkable brevity. Let us have done with this.

[Lord Hayward (Con)]

May I ask my noble friend before he sits down just to clarify his comments about the amendments from the noble Baroness, Lady Meacher? Will there also, as I see it, be an opportunity to comment in more detail when we debate the clause standing part? That may be the occasion when I comment on his generous comments about me, for which I thank him.

[Lord Cormack (Con)]

Yes, that is fine. I think there is even a case for deleting these clauses in Committee.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I was not intending to speak on this part but I feel very queasy about the way a number of noble Lords are using the situation in Ukraine to have a go at this part of the Bill. People are indeed dying for democracy, but they are not dying to defend an Electoral Commission—an unelected quango in the UK. I think it is rather unbecoming to use that.

The Electoral Commission is relatively new to the UK’s democratic life and democracy thrived when it did not exist. At the very least, we should stop aggrandising the Electoral Commission as though the electorate depend on it. There are problems with it and there are problems with the way the Government are trying to deal with it. I am not necessarily defending the Government’s way of solving the problem of the Electoral Commission—

Peerages: Recommendations

Lord Cormack Excerpts

Thursday 3rd March 2022 Grand Committee

[Lord Cormack (Con)]

It is a pleasure, as always, to follow the noble Lord, Lord Desai, much as I disagree with a number of the points that he made. We do not have much time, so let me begin by congratulating my noble friend Lord Balfe on obtaining this debate and the manner of his introduction. I endorse entirely what he said about George V. In doing that, I commend to your Lordships the recently published biography of George V by Jane Ridley, which is an extremely well-written, well-documented life and completely underlines the points made by my noble friend Lord Balfe.

I must declare an interest in that I am one of the joint founders and the chairman of the Campaign for an Effective Second Chamber. I set it up in 2000, when I was in the Commons and with 10 years in that House still in front of me, with my noble friend Lord Norton of Louth, who is a great constitutional expert. We were concerned about the way in which reform appeared to be going, because we believed very much in an appointed, non-elected House chosen for its varied expertise and not too party political because of the presence of Cross-Benchers making up around 25% of it. We thought that this was something worth preserving, not least because if we had an elected second Chamber there would inevitably be the constant threat of deadlock between the two Houses.

We have had a reasonably successful run over the last 20 years. Out of our deliberations came the Steel Bill, which allowed for retirements, and the Hayman Bill, which allowed for a rather more serious and sad thing: expulsions, if necessary. I am glad that it has not been needed up to now. We were also very much behind the former Lord Speaker, the noble Lord, Lord Fowler, setting up the Burns committee. We endorsed its recommendations, as did your Lordships’ House—particularly on numbers. We should not be bigger than the House of Commons, which has 650 Members.

Of course, in effect we are not. Look at the voting figures for this week. Most Divisions had fewer than 400 people vote in them. If we look at those who are active in your Lordships’ House—of whom the noble Lord, Lord Desai, is notably one—we find that there are many who say nothing and just vote. Here we are in the midst of the largest international crisis since the Second World War, and the one Russian-born Peer, ennobled just a few months ago, has not sought to utter a word or make an appearance. This is not a personal attack on the integrity of the noble Lord, Lord Lebedev; rather, it is a regret that he has not used his unique position to come here and talk to his colleagues. He made a maiden speech, but he did not make it here. I am told that he made it on his yacht; I do not know whether that is true, but it was certainly not made in your Lordships’ House. It was remote.

It is important that those who are ennobled come here and play a proper part. A number of the recent appointments by Prime Minister Boris Johnson have barely made an appearance or a contribution. Of course, we have an Appointments Commission. It is not statutory, as the Campaign for an Effective Second Chamber has always urged. It is okay that the Prime Minister nominates —that is fine—but the Appointments Commission’s word should be final. If it does not endorse a recommendation, that recommendation should be dropped gently and not with great publicity. We need to get to a House of no more than 650 Peers, and they should be working Peers. That does not mean they should be here every hour of every day; it means they should come at least 20% to 25% of the time, make a contribution and take a real interest in their vocation to public service.

--- Later in debate ---

[Lord True (Con)]

All right. I will stick to the main point of the debate, although there is a serious issue about whether people have to be here day after day, every day, to make a contribution. My noble friend Lord Howard of Rising spoke interestingly on that point. There are people who do not come here often but whose voices we hear and listen to very carefully. We all know them.

This was a fascinating debate, and I agree with what was said about King George V and Jane Ridley’s biography, which is outstanding. Of course, one of the things that he recognised was that Lord Curzon could not become Prime Minister, despite his truly outstanding career of public service, because he had a place in what the noble Lord, Lord Desai, would call a less legitimate Chamber and thus could not, among other things, answer to the new Labour Party arising in the House of Commons. The reality is that there are issues of legitimacy, which I will come back to later in my remarks.

The noble Lord, Lord Griffiths, made an interesting speech, as he always does. He complained at one point about the number of Peers appointed by my right honourable friend the Prime Minister. As I always point out, his rate of appointment is far lower than that undertaken by Mr Blair in his first term in office. That gets to be forgotten. There was talk about the imbalance of the House. I must say that, sitting in the Chamber last night, with eight defeats, defeat after defeat, it did not seem a very unbalanced House. Here we are, night after night, with your Lordships hammering the Government’s proposals to deal with issues such as illegal immigration and crime, and the very things that the Home Secretary seeks to do being challenged. I do not feel that the alleged imbalance is preventing your Lordships asking the House of Commons to think again rather often.

Someone asked what my noble friend Lord Howard of Rising meant. The phrase I noted down was that the views of committees are often reflected in those selected. I thought that was a profound and true remark. If we look at the reflection of some of those appointed—I do not have time to pursue it—I think that that remark would have something in it. We need individuality in the House, and it was exemplified, I may say, by the noble Baroness, Lady Fox. I do not always agree with her, but she certainly makes an individual contribution, and I find it very welcome.

The noble Lord, Lord Cormack, spoke about numbers, as he often does. He rightly said that what we really need to look at it is the people who played an active part in 2019 to 2021. The average number was 471. He has this idea of a ceiling of 600. Does he propose that we should appoint 130 more Peers to bring the House up to that number? If they were to attend only 20% to 25% of the time, as he suggested, that would be 130 times four: another 600 Peers to get that effective number here. The numbers participating—

[Lord Cormack (Con)]

My noble friend asked for this intervention. That was a complete distortion of what I said, and I ask my noble friend—which he is—to think of rephrasing his remarks.

[Lord True (Con)]

I shall read very carefully what my noble friend said in Hansard tomorrow. I believe he said that we should pay attention to the numbers actually participating, and he certainly said that he wanted more Peers who would be here for 20% to 25% the time. If he said neither of those things, I will correct my remarks, write to him and publish it to others.

[Lord Cormack (Con)]

I would have those removed who were not here for 20% of the time. That was entirely implicit in my remarks.

[Lord True (Con)]

I welcome that clarification.

The Governments of the previous and current Prime Ministers have made it clear that they did not accept the proposal from the Burns committee, which would place a limit on the size of this House. That certainly remains the Government’s position. I point out that my right honourable friend has exercised more restraint than Mr Blair in his appointments.

The House has a key role in scrutinising the Executive and as a revising Chamber, and one of the highest callings one can receive is to sit in this House—we all agree on that, whatever our differences.

Elections Bill

Lord Cormack Excerpts

2nd reading
Wednesday 23rd February 2022 Lords Chamber

[Lord Cormack (Con)]

Well, I am sure we are very grateful to the noble Baroness for that moving conclusion to her very interesting speech. Listening to every speech this afternoon, there has been one subject on which every Member has spoken and agreed: the excellence of the maiden speech of the noble Lord, Lord Moore.

Beyond that, there has not been a particular degree of unanimity. Many noble Lords have real misgivings about this Bill, or aspects of it. I will begin by saying that I enthusiastically support the Bill on one issue: dealing with the gerrymandering of postal votes. I think we can all agree that that does nothing but bring the system into disrepute where it happens—Tower Hamlets has been cited many times.

On the issue of compulsory ID, I am one of those who, unlike the noble Baroness who has just spoken, gave support to the Labour Party’s suggestion that we should all carry those documents. Had that happened, of course, there would have been no problem. But some very important points have been made, not least by the noble Lord, Lord Janvrin, when he talked about the millions of missing votes.

I agreed very much with the noble Lord, Lord Grocott, when he said he did not think there was justification for extending the 15-year limit to those who live abroad. If they have lost contact with their home country, it is by their own choice. Many of them are not taxpayers. If they were, there may be a case, but it is not something I could get enthusiastic about, although I could not help, as a former remainer, thinking that had they had the vote in 2016, the result might have been rather different—but that is another point.

The noble Lord, Lord Hayward, was right when he said that after 22 years it is right that we reassess the role of the commission. I am delighted that my noble friend Lord Young of Cookham has taken his seat; I am sorry he was not able to take part in the debate because he and I—he as the shadow Leader of the House and I as his deputy—had the task of speaking for the official Opposition in the debates 22 years ago when the Electoral Commission came into being. Both he and I gave it enthusiastic support. Of course, after 22 years it is right that it should be reassessed.

But I have never seen such chilling words in any Bill from any Government of any party. The noble and learned Lord, Lord Judge, in his splendid speech, has already referred to them. The

“statement for the purposes of this section … is a statement prepared by the Secretary of State that sets out … strategic and policy priorities of Her Majesty’s government relating to elections”.

I will not read the rest; the noble and learned Lord, Lord Judge, read it. But they are indeed very chilling words.

One of the things that has increasingly concerned me over the last couple of years has been the tendency of this Government not to regard themselves as accountable to Parliament but to regard Parliament as a creature of government. We have seen this time and again with Christmas tree Bills and Henry VIII clauses. It is inimical to me as a one nation Conservative that Governments should seek to usurp the role of Parliament and not accept their accountability to it, and take an independent body, which is of course not perfect and could be improved, and make it their creature. That, in effect, is what those clauses—which I hope we will take out in your Lordships’ House—do. They make the Electoral Commission the creature of government.

That is not only chilling—one thinks of what certain Governments might do. Somebody spoke earlier about the 2019 election. If the result had gone the other way, would we on this side of the House have supported a Bill that included clauses such as that? No, we would not. If we live by the mantra of “Do to others as you would be done by”, we have a duty to cut out these clauses. They reflect no credit on government; they do not strengthen our electoral system in any way, by one jot or tittle; they do not belong in a Bill passed by a democratic Parliament—a Bill that should be strengthening our democracy and not weakening it. I finish there, but I really believe we must look at that very carefully and deal with those clauses.

Dissolution and Calling of Parliament Bill

Lord Cormack Excerpts

Report stage
Wednesday 9th February 2022 Lords Chamber

[Lord Butler of Brockwell (CB)]

My Lords, I rise briefly to support my noble friend’s amendment, but with reservations. My reservation is that which has been put forward by the noble Lord, Lord Howard. It is not inconceivable that a Government could be hamstrung by failing to get a majority in the House of Commons and could not get their programme through. I believe that there should be restraints on the improper use of the power to dissolve. We are all agreed that it should not be the sovereign and there are dangers in it being a resolution of the House of Commons. That is why I will argue for the removal of Clause 3 so that in the last resort there can be resort to the courts.

[Lord Cormack (Con)]

My Lords, the removal of Clause 3 would be the second-best option. The noble Lord, Lord Butler, knows that I was sympathetic when he raised this point at Second Reading. Like my noble friend Lord Howard, with whom I frequently agree but not today, I apologise for not being here in Committee. I was attending a farewell dinner for a friend who had given some 20 years’ service in his post and I felt that, as I had spoken at Second Reading, I could reserve what I wanted to say for Report. I strongly support what the noble and learned Lord, Lord Judge, said, in his balanced, measured and eminently sensible speech.

To give unfettered power to any individual is a very serious thing indeed. I believe that it is important that this House today gives the other place an opportunity—an opportunity that it did not take when the Bill was with it. It is important because things have moved along quite a lot, not least with the intemperate, frankly bullying and certainly unconstitutional threat of Mr Rees- Mogg, which was one of the worst utterances that I have heard in my 50 years in Parliament from any leader or indeed any senior Minister of the Crown.

We know—I know from personal experience—that you do not need a general election if there is a change of Prime Minister. Harold Wilson resigned in 1976 and was replaced by Jim Callaghan. The election in which Mrs Thatcher had her triumph came three years later. Mrs Thatcher retired—or left—and was replaced by John Major without a general election. David Cameron, contrary to his promise to carry on, a few hours after the referendum result indicated that he was going and was replaced by Mrs May without either a general election or a party election for a leader. Those are historic facts. I believe that it is very important that the House of Commons should have a say in this.

I agree very much with what the noble Lord, Lord Grocott, said about the Fixed-term Parliaments Act and I bid it farewell without any sadness. Although my noble friend Lord Howard is right in a theoretical sense that of course anything can happen—we can all think of extreme things happening—I honestly do not believe that it is at all likely that you would not get a majority in the House of Commons, perhaps a slender one, one way or the other.

Downing Street Parties: Police Investigation

Lord Cormack Excerpts

Tuesday 25th January 2022 Lords Chamber

[Lord True (Con)]

My Lords, I am not going to comment on any particular individual at the Dispatch Box. I am sure the noble Lord is a greater expert on Sheffield than I.

[Lord Cormack (Con)]

My Lords, there is great concern around the country. The graphic photograph of the Queen alone at her husband’s funeral, juxtaposed with other pictures, did cause a great deal of disquiet. Will my noble friend the Minister do his best to guarantee that both reports—that of Sue Gray and if there is a report from the police—are published on a day when both Houses of Parliament are sitting?

[Lord True (Con)]

My Lords, I can only say to my noble friend that the reports of findings will be published in due course. There are investigations under way; those investigations, with great respect, should be allowed to continue and be completed. At that point, obviously, the matter of publication becomes condign.